ADMISSIONS AND CONTINUED OCCUPANCY POLICY
FOR THE
HOLYOKE HOUSING AUTHORITY’S
PUBLIC HOUSING PROGRAM
Administrative Plan: TABLE OF CONTENTS 1-2 Draft Date: 01/04/17
TABLE OF CONTENTS QUICK SUMMARY
CHAPTER 1: OVERVIEW OF THE PROGRAM AND ACOP ...... 1-1
CHAPTER 2: GENERAL POLICIES ...... 2-1
CHAPTER 3: FAIR HOUSING AND EQUAL OPPORTUNITY ...... 3-1
CHAPTER 4: APPLICATION, WAITING LIST & TENANT SELECTION ...... 4-1
CHAPTER 5: ELIGIBILITY ...... 5-1
CHAPTER 6: OCCUPANCY STANDARDS AND UNIT OFFERS ...... 6-1
CHAPTER 7: VERIFICATION ...... 7-1
CHAPTER 8: INCOME & ADJUSTED INCOME ...... 8-1
CHAPTER 9: CALCULATING TOTAL TENANT PAYMENT & RENT ...... 9-1
CHAPTER 10: LEASING ...... 10-1
CHAPTER 11: INSPECTIONS...... 11-1
CHAPTER 12: SMOKE-FREE POLICY ...... 12-1
CHAPTER 13: REEXAMINATIONS & CONTINUED OCCUPANCY...... 13-1
CHAPTER 14: PETS ...... 14-1
CHAPTER 15: COMMUNITY SERVICE ...... 15-1
CHAPTER 16: TRANSFER POLICY...... 16-1
CHAPTER 17: INFORMAL HEARINGS FOR APPLICANTS ...... 17-1
CHAPTER 18: INFORMAL HEARING: NON-CITIZENS ...... 18-1
CHAPTER 19: GRIEVANCE POLICY ...... 19-1
ACOP: TABLE OF CONTENTS QUICK SUMMARY
CHAPTER 20: TERMINATIONS ...... 20-1
CHAPTER 21: PROGRAM INTEGRITY ...... 21-1
CHAPTER 22: FAMILY SELF-SUFFICIENCY ...... 22-1
CHAPTER 23: CAREER ADVANCEMENT PROGRAM ...... 23-1
CHAPTER 24: RENTAL ASSISTANCE DEMONSTRATION ...... 24-1
APPENDIX A: ACRONYMS USED IN PUBLIC HOUSING ...... A-1
APPENDIX B: GLOSSARY OF PUBLIC HOUSING TERMS ...... B-1
APPENDIX C: NON-SMOKING POLICY ...... C-1
APPENDIX D: CHART OF OFFENSES – DENIAL OF ADMISSION ...... D-1
APPENDIX E: PET POLICY...... E-1
APPENDIX F: GRIEVANCE POLICY ...... F-1
APPENDIX G: FEDERALLY MANDATED INCOME EXCLUSIONS ...... G-1
APPENDIX H: VAWA EMERGENCY TRANSFER PLAN ...... H-1
ACOP: TABLE OF CONTENTS QUICK SUMMARY
HOLYOKE HOUSING AUTHORITY PUBLIC HOUSING PROGRAM ACOP
TABLE OF CONTENTS
CHAPTER 1: OVERVIEW OF THE PROGRAM AND ACOP ...... 1-1
1.1 MOVING TO WORK DEMONSTRATION ...... 1-1
1.2 HHA MISSION ...... 1-1
1.3 OVERVIEW AND PURPOSE OF THE ACOP...... 1-1
1.4 UPDATING AND REVISING THE ACOP ...... 1-2
1.5 APPLICABLE REGULATIONS AND AGREEMENTS...... 1-2
1.6 MTW – SIMPLIFICATION AND STREAMLINING OF PROCESS ...... 1-2 1.6.1 MTW AND NON-MTW POLICIES ...... 1-3 1.6.2 IDENTIFYING MTW POLICIES ...... 1-3
CHAPTER 2: GENERAL POLICIES ...... 2-1
2.1 INTRODUCTION ...... 2-1
2.2 SMOKE-FREE POLICY ...... 2-1
2.3 RECORD KEEPING ...... 2-1 2.3.1 OVERVIEW ...... 2-1 2.3.2 RECORD RETENTION ...... 2-1 2.3.3 RECORDS MANAGEMENT ...... 2-2 2.3.4 ELECTRONIC SIGNATURES & SCANNED DOCUMENTS ...... 2-3
2.4 REPORTING AND RECORD KEEPING FOR CHILDREN WITH ELEVATED BLOOD LEAD LEVEL ...... 2-4 2.4.1 OVERVIEW ...... 2-4 2.4.2 REPORTING REQUIREMENTS ...... 2-4
CHAPTER 3: FAIR HOUSING AND EQUAL OPPORTUNITY ...... 3-1
3.1 INTRODUCTION ...... 3-1
3.2 NON-DISCRIMINATION ...... 3-1
3.3 PROVIDING INFORMATION TO FAMILIES ...... 3-2
3.4 DISCRIMINATION COMPLAINTS ...... 3-2
3.5 POLICIES RELATED TO PERSONS WITH DISABILITIES ...... 3-3 3.5.1 DEFINITION OF DISABILITY ...... 3-3 3.5.2 PERSON WITH DISABILITIES DOES NOT INCLUDE ...... 3-4
ACOP: TABLE OF CONTENTS i
3.5.3 VERIFICATION OF DISABILITY ...... 3-4 3.5.4 DENIAL OR TERMINATION OF ASSISTANCE – FAMILIES WITH DISABLED HOUSEHOLD MEMBERS ...... 3-4
3.6 REASONABLE ACCOMMODATION ...... 3-5 3.6.1 TYPES OF REASONABLE ACCOMMODATIONS ...... 3-5 3.6.2 REQUEST FOR AN ACCOMMODATION ...... 3-5 3.6.3 APPROVAL OR DENIAL OF A REQUESTED ACCOMMODATION ...... 3-6 3.6.4 RIGHT TO APPEAL/INFORMAL HEARING PROCESS FOR REASONABLE ACCOMMODATION ...... 3-7
3.7 PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION IMPAIRMENTS .. 3-7
3.8 PHYSICAL ACCESSIBILITY ...... 3-7
3.9 IMPROVING ACCESS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY ...... 3-8
3.10 OUTREACH ...... 3-9
3.11 VIOLENCE AGAINST WOMEN ACT PROTECTIONS ...... 3-9 3.11.1 DEFINITIONS AS USED IN THE VIOLENCE AGAINST WOMEN ACT ...... 3-10 3.11.2 PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT AND STALKING ...... 3-10 3.11.3 PROHIBITION AGAINST TERMINATION OF ASSISTANCE RELATED TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT AND STALKING ...... 3-10 3.11.4 VAWA SELF-PETITIONERS ...... 3-12 3.11.5 HHA CONFIDENTIALITY REQUIREMENTS – VAWA ...... 3-12 3.11.6 NOTIFICATION TO APPLICANTS & Tenants REGARDING PROTECTIONS UNDER VAWA .. 3-13 3.11.7 VICTIM DOCUMENTATION ...... 3-13 3.11.8 TIME FRAME FOR SUBMITTING DOCUMENTATION ...... 3-14 3.11.9 PERPETRATOR DOCUMENTATION...... 3-14 3.11.10 TERMINATING TENANCY OF A DOMESTIC VIOLENCE OFFENDER ...... 3-15 3.11.11 TRANSFERS AND PORTABILITY UNDER VAWA ...... 3-15 3.11.12 RESPONSE TO CONFLICTING CERTIFICATION...... 3-16 3.11.13 REMEDIES AVAILABLE TO VAWA VICTIMS ...... 3-16 3.11.14 VAWA RECORD RETENTION ...... 3-16
CHAPTER 4: APPLICATION, WAITING LIST & TENANT SELECTION ...... 4-1
4.1 OVERVIEW ...... 4-1
4.2 APPLYING FOR ASSISTANCE ...... 4-1
4.3 ACCESSIBILITY OF THE APPLICATION PROCESS ...... 4-1
4.4 PLACEMENT ON THE WAITING LIST ...... 4-1
4.5 REQUESTS BY LAW ENFORCEMENT ORGANIZATIONS ...... 4-2
4.6 MANAGING THE WAITING LIST ...... 4-2 4.6.1 OVERVIEW ...... 4-2 4.6.2 ORGANIZATION OF THE WAITING LIST ...... 4-2 4.6.3 OPENING AND CLOSING THE WAITING LIST ...... 4-3
4.7 FAMILY OUTREACH ...... 4-4
ACOP: TABLE OF CONTENTS ii
4.8 REPORTING CHANGES IN FAMILY CIRCUMSTANCES ...... 4-4
4.9 CHANGE IN THE HEAD OF HOUSEHOLD WHILE ON THE WAITING LIST ...... 4-5
4.10 FAMILY BREAK-UP OR SPLIT HOUSEHOLDS WHILE ON THE WAITING LIST ...... 4-5
4.11 UPDATING THE WAITING LIST ...... 4-6
4.12 REMOVAL FROM THE WAITING LIST ...... 4-6
4.13 TENANT SELECTION ...... 4-6
4.14 SPECIAL ADMISSIONS ...... 4-7
4.15 TARGETED FUNDING ...... 4-7
4.16 HANDICAPPED-ACCESSIBLE UNITS ...... 4-7
4.17 DECONCENTRATION OF POVERTY AND INCOME-MIXING ...... 4-8
4.18 SELECTION METHOD ...... 4-8 4.18.1 LOCAL PREFERENCES ...... 4-8 4.18.2 INCOME TARGETING REQUIREMENT ...... 4-9 4.18.3 ORDER OF SELECTION ...... 4-9
4.19 NOTIFICATION OF SELECTION ...... 4-9
CHAPTER 5: ELIGIBILITY ...... 5-1
5.1 OVERVIEW ...... 5-1
5.2 DEFINITIONS ...... 5-1 5.2.1 FAMILY AND HOUSEHOLD ...... 5-1 5.2.2 HEAD OF HOUSEHOLD ...... 5-2 5.2.3 SPOUSE, CO-HEAD AND OTHER ADULT ...... 5-2 5.2.4 INTERDEPENDENT RELATIONSHIP OR DOMESTIC PARTNERSHIP ...... 5-3 5.2.5 DEPENDENT ...... 5-3 5.2.6 FULL-TIME STUDENT ...... 5-4 5.2.7 ELDERLY PERSONS ...... 5-4 5.2.8 NEAR-ELDERLY PERSONS ...... 5-4 5.2.9 ELDERLY FAMILY ...... 5-4 5.2.10 PERSONS WITH DISABILITIES AND DISABLED FAMILY...... 5-4 5.2.11 GUESTS ...... 5-5 5.2.12 MULTIPLE FAMILIES IN THE SAME HOUSEHOLD ...... 5-5 5.2.13 FOSTER CHILDREN AND FOSTER ADULTS ...... 5-5 5.2.14 LIVE-IN AIDE ...... 5-6 5.2.15 VETERAN ...... 5-7
5.3 JOINT CUSTODY OF CHILDREN ...... 5-7
5.4 CARETAKER OF A CHILD...... 5-7
5.5 INCOME ELIGIBILITY ...... 5-8
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5.6 CONTINUOUSLY ASSISTED ...... 5-8
5.7 CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS ...... 5-8 5.7.1 DECLARATION OF CITIZENSHIP ...... 5-9 5.7.2 U.S. CITIZENS AND NATIONALS ...... 5-9 5.7.3 ELIGIBLE NON-CITIZEN ...... 5-9 5.7.4 INELIGIBLE NON-CITIZENS...... 5-10 5.7.5 MIXED FAMILIES ...... 5-10 5.7.6 TIMEFRAME FOR DETERMINATION OF CITIZENSHIP STATUS ...... 5-10
5.8 SOCIAL SECURITY NUMBERS ...... 5-10 5.8.1 REQUIRED DOCUMENTATION ...... 5-11 5.8.2 PERSONS NOT REQUIRED TO PROVIDE DOCUMENTATION OF A VALID SSN ...... 5-11 5.8.3 TIME FRAME TO SUBMIT DOCUMENTATION OF SSN ...... 5-11 5.8.4 PENALTIES FOR FAILURE TO DISCLOSE SSN ...... 5-12
5.9 PHOTO ID...... 5-13
5.10 REQUIRED DOCUMENTS ...... 5-13
5.11 FAMILY CONSENT TO RELEASE INFORMATION ...... 5-13
5.12 HOUSEHOLD MEMBER TURNING 18 BETWEEN ELIGIBILITY AND LEASE UP ...... 5-13
5.13 ELIGIBILITY INTERVIEW ...... 5-14
5.14 APPLICANT SCREENING ...... 5-15
5.15 EIV EXISTING AND FORMER TENANT SEARCH ...... 5-15
5.16 SCREENING FOR SUITABILITY AS A TENANT ...... 5-16 5.16.1 RESOURCES USED TO CHECK APPLICANT SUITABILITY ...... 5-16
5.17 CREDIT HISTORY SCREENING ...... 5-17
5.18 DEBT SCREENING ...... 5-18 5.18.1 MANDATORY DENIAL...... 5-18
5.19 CRIMINAL BACKGROUND SCREENING ...... 5-19 5.19.1 MANDATORY DENIAL – CRIMINAL BACKGROUND SCREENING ...... 5-21 5.19.2 NON-MANDATORY DENIAL –CRIMINAL BACKGROUND SCREENING ...... 5-21
5.20 SEX OFFENDER SCREENING ...... 5-22 5.20.1 MANDATORY DENIAL...... 5-22
5.21 SCREENING BASED ON PAST OR CURRENT BEHAVIOR ...... 5-22 5.21.1 MANDATORY DENIAL...... 5-23 5.21.2 NON-MANDATORY DENIAL ...... 5-24 5.21.3 REASONABLE ACCOMMODATION ...... 5-25
5.22 FINAL ELIGIBILITY DETERMINATION ...... 5-26
5.23 NOTICE OF ELIGIBILITY OR DENIAL ...... 5-26
ACOP: TABLE OF CONTENTS iv
CHAPTER 6: OCCUPANCY STANDARDS AND UNIT OFFERS ...... 6-1
6.1 MINIMUM AND MAXIMUM PERSONS IN A UNIT ...... 6-1
6.2 DETERMINING FAMILY UNIT SIZE ...... 6-1
6.3 EXCEPTIONS TO OCCUPANCY STANDARD GUIDELINES ...... 6-3
6.4 PROCESSING OF EXCEPTIONS ...... 6-3
6.5 TEMPORARILY AND PERMANENTLY ABSENT FAMILY MEMBERS ...... 6-3
6.6 ABSENCE OF ADULT MEMBER ...... 6-3
6.7 ABSENT STUDENTS ...... 6-4
6.8 ABSENCES DUE TO PLACEMENT IN FOSTER CARE ...... 6-4
6.9 ABSENT ADULTS DUE TO EMPLOYMENT ...... 6-4
6.10 INDIVIDUALS CONFINED FOR MEDICAL REASONS ...... 6-4
6.11 ABSENT FAMILY ...... 6-4
6.12 RETURN OF A PERMANENTLY ABSENT FAMILY MEMBER ...... 6-4
6.13 UNIT OFFER ...... 6-1
6.14 GOOD CAUSE FOR APARTMENT REFUSAL ...... 6-1
6.15 APARTMENT REFUSAL WITHOUT GOOD CAUSE ...... 6-2
6.16 APARTMENT ACCEPTANCE OUTSIDE OF AUTHORIZED OCCUPANCY STANDARDS ...... 6-2
CHAPTER 7: VERIFICATION ...... 7-1
7.1 INTRODUCTION ...... 7-1
7.2 FAMILY CONSENT TO RELEASE OF INFORMATION ...... 7-1
7.3 VERIFICATION HIERARCHY ...... 7-1
7.4 OVERVIEW OF VERIFICATION REQUIREMENTS ...... 7-2
7.5 FILE DOCUMENTATION ...... 7-3
7.6 SUBSTANTIAL DIFFERENCE ...... 7-3
7.7 FRAUD ...... 7-4
7.8 UP-FRONT INCOME VERIFICATION (UIV) ...... 7-4
7.9 ENTERPRISE INCOME VERIFICATION (EIV) SYSTEM ...... 7-4 7.9.1 EIV INCOME REPORTS ...... 7-4
ACOP: TABLE OF CONTENTS v
7.9.2 EIV IDENTITY VERIFICATION ...... 7-5
7.10 THIRD PARTY WRITTEN VERIFICATION ...... 7-5
7.11 WRITTEN THIRD-PARTY VERIFICATION FORM ...... 7-5
7.12 ORAL THIRD-PARTY VERIFICATION ...... 7-5
7.13 SELF-CERTIFICATION ...... 7-6
7.14 WHEN THIRD-PARTY INFORMATION IS LATE ...... 7-6
7.15 WHEN THIRD-PARTY VERIFICATION IS NOT REQUIRED ...... 7-6
7.16 TENANT FAILS TO RESPOND TO VERIFICATION REQUEST ...... 7-7
7.17 VERIFICATION OF LEGAL IDENTITY ...... 7-7
7.18 VERIFICATION OF SOCIAL SECURITY NUMBERS ...... 7-7
7.19 VERIFICATION OF AGE ...... 7-8
7.20 FAMILY RELATIONSHIPS...... 7-8 7.20.1 MARITAL STATUS VERIFICATION ...... 7-8 7.20.2 SEPARATION OR DIVORCE VERIFICATION ...... 7-9 7.20.3 FOSTER CHILDREN AND FOSTER ADULT VERIFICATION ...... 7-9
7.21 STUDENT STATUS VERIFICATION ...... 7-9
7.22 VERIFICATION OF DISABILITY ...... 7-9
7.23 VERIFICATION OF U.S. CITIZENSHIP AND OF ELIGIBLE IMMIGRATION STATUS ...... 7-10
7.24 VERIFICATION OF PREFERENCE STATUS ...... 7-11
7.25 VERIFYING INCOME ...... 7-11
7.26 EARNED INCOME VERIFICATION ...... 7-11
7.27 BUSINESS & SELF-EMPLOYMENT INCOME VERIFICATION ...... 7-11
7.28 SOCIAL SECURITY/SUPPLEMENTAL SECURITY INCOME VERIFICATION ...... 7-12
7.29 ALIMONY OR CHILD SUPPORT VERIFICATION ...... 7-12
7.30 ASSETS AND INCOME FROM ASSETS VERIFICATION ...... 7-13 7.30.1 ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE...... 7-14
7.31 NET INCOME FROM RENTAL PROPERTY VERIFICATION ...... 7-14
7.32 RETIREMENT ACCOUNT VERIFICATION ...... 7-14
7.33 INCOME FROM EXCLUDED SOURCES VERIFICATION ...... 7-15
7.34 ZERO INCOME HOUSEHOLD VERIFICATION ...... 7-15
ACOP: TABLE OF CONTENTS vi
7.35 VERIFYING DEDUCTIONS ...... 7-16 7.35.1 DEPENDENT AND ELDERLY/DISABLED HOUSEHOLF DEDUCTIONS ...... 7-16 7.35.2 MEDICAL EXPSENSE DEDUCTION ...... 7-16 7.35.3 DISABILITY ASSISTANCE EXPENSES ...... 7-17 7.35.4 CHILD CARE EXPENSE ...... 7-18
CHAPTER 8: INCOME & ADJUSTED INCOME ...... 8-1
8.1 INTRODUCTION ...... 8-1
8.2 ANNUAL INCOME...... 8-1
8.3 ANNUAL INCOME EXCLUSIONS ...... 8-3
8.4 ANTICIPATING ANNUAL INCOME ...... 8-4
8.5 KNOWN CHANGES IN INCOME ...... 8-5
8.6 ROUNDING OF INCOME AND DEDUCTIONS ...... 8-5
8.7 WAGES ...... 8-6
8.8 BUSINESS INCOME ...... 8-6
8.9 MILITARY PAY ...... 8-6
8.10 ALIMONY AND CHILD SUPPORT ...... 8-7
8.11 CHILDREN’S EARNINGS ...... 8-7
8.12 INCOME OF A LIVE-IN AIDE ...... 8-7
8.13 INCOME OF FOSTER CHILDREN AND FOSTER ADULTS ...... 8-7
8.14 SEASONAL INCOME ...... 8-7
8.15 INCOME OF PERSON PERMANENTLY CONFINED TO NURSING HOME ...... 8-8
8.16 INCOME OF A PERSON MOVING INTO PUBLIC HOUSINGFROM A NURSING HOME ...... 8-8
8.17 INCOME OF TEMPORARILY ABSENT FAMILY MEMBERS ...... 8-8
8.18 TEMPORARY AND SPORADIC INCOME ...... 8-8
8.19 CONTRIBUTIONS TO RETIREMENT FUNDS ...... 8-9
8.20 TENANT SERVICE STIPEND ...... 8-9
8.21 STATE AND LOCAL EMPLOYMENT TRAINING PROGRAMS ...... 8-9
8.22 HUD-FUNDED TRAINING PROGRAMS ...... 8-11
8.23 EARNED INCOME TAX CREDIT ...... 8-11
ACOP: TABLE OF CONTENTS vii
8.24 LUMP-SUM RECEIPTS ...... 8-11
8.25 IMPUTED WELFARE INCOME ...... 8-12
8.26 EARNED INCOME DISALLOWANCE (EID) ...... 8-14
8.27 TREATMENT OF OVERPAYMENT DEDUCTIONS FROM SS BENEFITS ...... 8-16
8.28 ASSET INCOME ...... 8-16
8.29 ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE ...... 8-16
8.30 CHECKING AND SAVINGS ACCOUNTS ...... 8-17
8.31 INVESTMENT ACCOUNTS SUCH AS STOCKS, BONDS, SAVINGS CERTIFICATES, AND MONEY MARKET FUNDS ...... 8-17
8.32 EQUITY IN REAL PROPERTY OR OTHER CAPITAL INVESTMENTS ...... 8-18
8.33 LIFE INSURANCE ...... 8-20
8.34 PASSBOOK SAVINGS RATE ...... 8-20
8.35 ADJUSTED INCOME...... 8-20
8.36 DEDUCTIONS ...... 8-20
8.37 MEDICAL EXPENSE DEDUCTION...... 8-21
8.38 DISABILITY ASSISTANCE EXPENSE DEDUCTION ...... 8-21
8.39 CHILD CARE EXPENSE DEDUCTION ...... 8-22
CHAPTER 9: CALCULATING TOTAL TENANT PAYMENT & RENT ...... 9-1
9.1 INTRODUCTION ...... 9-1
9.2 TOTAL TENANT PAYMENT FORMULA (TTP) FOR INCOME BASED RENT ...... 9-1
9.3 MINIMUM RENT ...... 9-1
9.4 FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT ...... 9-1 9.4.1 DETERMINATION OF RENT HARDSHIP EXEMPTION ...... 9-2 9.4.2 NO FINANCIAL HARDSHIP ...... 9-2 9.4.3 TEMPORARY HARDSHIP ...... 9-3 9.4.4 LONG-TERM HARDSHIP ...... 9-3
9.5 FLAT RENTS ...... 9-3 9.5.1 ESTABLISHING FLAT RENTS ...... 9-4 9.5.2 ANNUAL UPDATE OF FLAT RENTS ...... 9-4 9.5.3 POSTING OF FLAT RENTS ...... 9-4 9.5.4 DOCUMENTATION OF FLAT RENTS ...... 9-4 9.5.5 CHANGING FROM FLAT RENT TO INCOME-BASED RENT DUE TO HARDSHIP ...... 9-4 9.5.6 FLAT RENT AND TRANSFERS ...... 9-5
ACOP: TABLE OF CONTENTS viii
9.5.7 FLAT RENTS AND EARNED INCOME DISALLOWANCE (EID)...... 9-5 9.5.8 FLTAT RENTS AND MIXED FAMIIES ...... 9-5
9.6 UTILITY ALLOWANCES ...... 9-7 9.6.1 UTILITY ALLOWANCE PAYMENTS ...... 9-7
9.7 REVISIONS TO UTILITY ALLOWANCES ...... 9-8
CHAPTER 10: LEASING ...... 10-1
10.1 INTRODUCTION ...... 10-1
10.2 LEASE TERM & RENEWAL...... 10-1
10.3 LEASE ORIENTATION ...... 10-1
10.4 EXECUTION OF LEASE ...... 10-1
10.5 MODIFICATIONS TO THE LEASE ...... 10-1 10.5.1 CHANGES IN FAMILY COMPOSITION ...... 10-2
10.6 TERMINATION OF THE LEASE ...... 10-2
10.7 SECURITY DEPOSITS ...... 10-2
10.8 PAYMENTS UNDER THE LEASE...... 10-3 10.8.1 RENT PAYMENTS ...... 10-3 10.8.2 FEES AND NON-PAYMENT PENALTIES ...... 10-3
10.9 POSTING SCHEDULES OF CHARGES AND UTILITY ALLOWANCES ...... 10-3
10.10 MAINTENANCE AND DAMAGE CHARGES...... 10-4
10.11 UTILITY CHARGES ...... 10-4
CHAPTER 11: INSPECTIONS...... 11-1
11.1 INPECTIONS...... 11-1 11.1.1 INITIAL HQS INSPECTION ...... 11-1 11.1.2 VACATE INSPECTIONS ...... 11-1 11.1.3 REGULAR INSPECTIONS - ANNUAL ...... 11-1 11.1.4 SPECIAL INSPECTIONS ...... 11-1 11.1.5 REAL ESTATE ASSESSMENT CENTER INSPECTIONS (REAC) ...... 11-2 11.1.6 OTHER INSPECTIONS ...... 11-2
11.2 NOTICE AND SCHEDULING OF INSPECTIONS ...... 11-2 11.2.1 EMERGENCY ENTRIES ...... 11-2 11.2.2 NON-EMERGENCY ENTRIES ...... 11-2
11.3 INSPECTION RESULTS ...... 11-3 11.3.1 EMERGENCY REPARS ...... 11-3 11.3.2 NON-EMERGENCY REPAIRS ...... 11-4 11.3.3 RESIDENT-CAUSED DAMAGES ...... 11-4 11.3.4 HOUSEKEEPING ...... 11-4
ACOP: TABLE OF CONTENTS ix
CHAPTER 12: SMOKE-FREE POLICY ...... 12-1
12.1 SMOKE-FREE POLICY OVERVIEW ...... 12-1
12.2 ENFORCEMENT ...... 12-1
12.3 REASONABLE ACCOMODATION...... 12-1
CHAPTER 13: REEXAMINATIONS & CONTINUED OCCUPANCY...... 13-1
13.1 INTRODUCTION ...... 13-1
13.2 REQUIREMENTS FOR CONTINUED OCCUPANCY ...... 13-1
13.3 OVER-INCOME FAMILIES ...... 13-1
13.4 REGULAR REEXAMINATION FREQUENCY ...... 13-1
13.5 STREAMLINED REEXAMINATIONS ...... 13-2
13.6 REEXAMINATION DATES ...... 13-3
13.7 NOTIFICATION OF AND PARTICIPATION IN THE REGULAR REEXAMINATION PROCESS 13-3
13.8 CONDUCTING REGULAR REEXAMINATIONS ...... 13-3
13.9 HOUSEHOLD MEMBER TURNING 18 BETWEEN REEXAMINATION INTERVIEW AND REEXAMINATION EFFECTIVE DATE ...... 13-4 13.9.1 CHANGES IN UNIT SIZE ...... 13-5 13.9.2 COMPLIANCE WITH COMMUNITY SERVICE...... 13-5
13.10 EFFECTIVE DATES ...... 13-5 13.10.1 EFFECTIVE DATE OF RENT CHANGES AT REGULAR REEXAMINATION ...... 13-5
13.11 REEXAMINATION FOR FAMILIES PAYING FLAT RENT ...... 13-6 13.11.1 FLAT RENT ANNUAL UPDATES ...... 13-6
13.12 INTERIM REEXAMINATIONS ...... 13-7 13.12.1 LIMITS ON INTERIM REEXAMINATION ...... 13-7
13.13 OPTIONAL INTERIM REPORTING ...... 13-8
13.14 REQUIRED INTERIM REPORTING ...... 13-8 13.14.1 CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION ...... 13-8 13.14.2 CHANGES AFFECTING INCOME OR EXPENSES ...... 13-9 13.14.3 TEMPORARY AND SPORADIC INCOME ...... 13-9 13.14.4 ZERO INCOME ...... 13-10 13.14.5 EARNED INCOME DISALLOWANCE ...... 13-10 13.14.6 INTERIM RECERTIFICATION – OTHER ...... 13-10
13.15 STANDARD FOR TIMELY REPORTING ...... 13-10
13.16 METHOD OF INTERIM REPORTING ...... 13-11
ACOP: TABLE OF CONTENTS x
13.17 EFFECTIVE DATES: CHANGES IN RENT AT INTERIM REEXAMINATIONS ...... 13-11 13.17.1 EFFECTIVE DATES: CHANGES IN RENT AND RESIDENT CAUSED DELAYS IN PROCESSING REEXAMINATIONS ...... 13-11 13.17.2 DELAYS IN PROCESSING REEXAMINATIONS CAUSED BY HHA...... 13-12 13.17.3 OTHER INTERIM REPORTING ISSUES ...... 13-12 13.17.4 DISCREPANCIES ...... 13-12
13.18 ABSENCE FROM THE UNIT ...... 13-12
13.19 MILITARY FAMILIES – ABSENCE FROM THE UNIT & CONTINUED OCCUPANCY ...... 13-13
13.20 REMAINING MEMBERS OF THE RESIDENT FAMILY ...... 13-13
CHAPTER 14: PETS ...... 14-1
14.1 OVERVIEW ...... 14-1
14.2 SERVICE AND ASSISTANCE ANIMALS ...... 14-1 14.2.1 SERVICE ANIMAL ...... 14-1 14.2.2 ASSISTANCE ANIMAL ...... 14-2 14.2.3 CARE AND HANDLING OF ASSISTIVE ANIMALS ...... 14-2
14.3 PET POLICY ...... 14-3 14.3.1 “PET” DEFINED ...... 14-3 14.3.2 PET RESTRICTIONS ...... 14-3 14.3.3 APPLICATION AND REGISTRATION OF PETS ...... 14-3 14.3.4 PET FEE ...... 14-4 14.3.5 FINANCIAL OBLIGATION OF RESIDENTS ...... 14-4 14.3.6 DESIGNATION OF PET AREAS ...... 14-4 14.3.7 VISITING PETS ...... 14-4 14.3.8 REMOVAL OF PETS ...... 14-4
14.4 PET RULE VIOLATIONS ...... 14-4
CHAPTER 15: COMMUNITY SERVICE ...... 15-1
15.1 OVERVIEW ...... 15-1
15.2 COMMUNITY SERVICE REQUIREMENTS ...... 15-1
15.3 COMMUNITY SERVICE ...... 15-1
15.4 SELF-SUFFICIENCY ACTIVITIES ...... 15-2
15.5 EXEMPT RESIDENTS ...... 15-2
15.6 WORK ACTIVITIES ...... 15-3
15.7 NOTIFICATION REQUIREMENTS ...... 15-4
15.8 DOCUMENTATION AND VERIFICATION ...... 15-4
15.9 CHANGES IN STATUS BETWEEN ANNUAL DETERMINATIONS ...... 15-5
ACOP: TABLE OF CONTENTS xi
15.10 NOTICE OF NON-COMPLIANCE OF A NON-EXEMPT HOUSEHOLD MEMBER ...... 15-6
15.11 RESIDENT AGREEMENT TO COMPLY WITH COMMUNITY SERVICE REQUIREMENT .... 15-6
CHAPTER 16: TRANSFER POLICY...... 16-1
16.1 OVERVIEW ...... 16-1
16.2 Types of Transfers ...... 16-1
16.3 MANDATORY TRANSFERS ...... 16-1 16.3.1 EMERGENCY MAINTENANCE ...... 16-2 16.3.2 DEMOLITION, DISPOSITION, REVITALIZATION TRANSFERS ...... 16-2 16.3.3 TRANSFER FROM AN ACCESSIBLE UNIT...... 16-3 16.3.4 OCCUPANCY STANDARD TRANSFERS ...... 16-3
16.4 RESIDENT INITIATED TRANSFERS ...... 16-3 16.4.1 EMERGENCY PUBLIC SAFETY ...... 16-3 16.4.2 TRANSFER TO AN ACCESSIBLE UNIT...... 16-4 16.4.3 REASONABLE ACCOMMODATION TRANSFERS ...... 16-4
16.5 INCENTIVE PROGRAM TRANSFERS ...... 16-5 16.5.1 INCENTIVE PROGRAM ...... 16-5 16.5.2 INCENTIVE PROGRAM VIOLATIONS ...... 16-6
16.6 ORDER OF PROCESSING TRANSFERS ...... 16-6
16.7 TRANSFER FROM A FEDERALLY-AIDED UNIT TO A STATE-AIDED UNIT ...... 16-6
16.8 UNIT OFFERS ...... 16-6
16.9 ACCEPTANCE OF UNIT ...... 16-7
16.10 COST OF TRANSFERS ...... 16-7
16.11 RECERTIFICATION POLICIES FOR TRANSFERS ...... 16-8
16.12 SECURITY DEPOSITS ...... 16-8
16.13 APPEAL ...... 16-8
CHAPTER 17: INFORMAL HEARINGS FOR APPLICANTS ...... 17-1
17.1 OVERVIEW ...... 17-1
17.2 INFORMAL REVIEWS ...... 17-1 17.2.1 NOTICE OF DENIAL ...... 17-1 17.2.2 SCHEDULING AN INFORMAL HEARING ...... 17-1 17.2.3 REASONABLE ACCOMMODATION RELATED TO INFORMAL HEARING PROCESS ...... 17-1 17.2.4 CONDUCTING AN INFORMAL HEARING ...... 17-2 17.2.5 INFORMAL HEARING DECISION ...... 17-2 17.2.6 RETENTION OF DOCUMENTS ...... 17-2
ACOP: TABLE OF CONTENTS xii
CHAPTER 18: INFORMAL HEARING: NON-CITIZENS ...... 18-1
18.1 INFORMAL HEARINGS WITH REGARD TO NON-CITIZENS ...... 18-1 18.1.1 NOTICE OF DENIAL OR TERMINATION OF ASSISTANCE ...... 18-1 18.1.2 UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES APPEAL PROCESS ...... 18-1 18.1.3 INFORMAL HEARING PROCEDURES FOR APPLICANTS ...... 18-2 18.1.4 INFORMAL HEARING PROCEDURES FOR RESIDENTS WHO ARE NON-CITIZENS PENDING A USCIS APPEAL ...... 18-3
CHAPTER 19: GRIEVANCE POLICY ...... 19-1
19.1 INTRODUCTION ...... 19-1
CHAPTER 20: TERMINATIONS ...... 20-1
20.1 OVERVIEW ...... 20-1
20.2 TERMINATION BY RESIDENT ...... 20-1
20.3 MANDATORY TERMINATION ...... 20-1 20.3.1 FAILURE TO PROVIDE CONSENT ...... 20-1 20.3.2 FAILURE TO DOCUMENT CITIZENSHIP...... 20-1 20.3.3 FAILURE TO DISCLOSE AND DOCUMENT SOCIAL SECURITY NUMBERS ...... 20-2 20.3.4 FAILURE TO ACCEPT HHA’S OFFER OF A LEASE REVISION ...... 20-2 20.3.5 METHAMPHETAMINE CONVICTION ...... 20-2 20.3.6 LIFETIME REGISTERED SEX OFFENDERS ...... 20-2 20.3.7 NONCOMPLIANCE WITH COMMUNITY SERVICE REQUIREMENTS ...... 20-3 20.3.8 DEATH OF A SOLE FAMILY MEMBER ...... 20-3
20.4 OTHER AUTHORIZED REASONS FOR TERMINATION ...... 20-3 20.4.1 ADDITIONAL AUTHORIZED REASONS FOR TERMINATION INCLUDED IN THE LEASE ... 20-3 20.4.2 OTHER SERIOUS OR REPEATED VIOLATION OF MATERIAL TERMS OF THE LEASE ...... 20-3 20.4.3 TERMINATION DUE TO FAMILY ABSENCE FROM THE UNIT ...... 20-4 20.4.4 TERMINATION OF OVER-INCOME FAMILIES ...... 20-4
20.5 ALTERNATIVES TO TERMINATION OF TENANCY ...... 20-5 20.5.1 EXCLUSION OF CULPABLE HOUSEHOLD MEMBER ...... 20-5 20.5.2 PAYMENT OF FAMILY DEBTS ...... 20-5
20.6 CRITERIA FOR DECIDING TO TERMINATE TENANCY ...... 20-5 20.6.1 CONSIDERATION OF CIRCUMSTANCES...... 20-5 20.6.2 CONSIDERATION OF REHABILITATION ...... 20-6 20.6.3 REASONABLE ACCOMMODATION ...... 20-6 20.6.4 NON-DISCRIMINATION LIMITATION ...... 20-6
20.7 TERMINATIONS RELATED TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKINGS ...... 20-7 20.7.1 VAWA PROTECTIONS AGAINST TERMINATION ...... 20-7 20.7.2 LIMITS ON VAWA PROTECTIONS ...... 20-7 20.7.3 TERMINATING ASSISTANCE OF A VAWA OFFENDER ...... 20-7
20.8 NOTIFICATION REQUIREMENTS, EVICTION PROCEDURES AND RECORD KEEPING ..... 20-8 20.8.1 CONDUCTING CRIMINAL RECORDS CHECKS ...... 20-8 20.8.2 DISCLOSURE OF CRIMINAL RECORDS TO FAMILY ...... 20-8
ACOP: TABLE OF CONTENTS xiii
20.8.3 LEASE TERMINATION NOTICE: FORM, DELIVERY, AND CONTENT OF THE NOTICE ...... 20-9 20.8.4 TIMING OF THE NOTICE ...... 20-9 20.8.5 NOTICE OF NONRENEWAL DUE TO COMMUNITY SERVICE NONCOMPLIANCE ...... 20-10 20.8.6 NOTICE OF TERMINATION BASED ON CITIZENSHIP STATUS ...... 20-10 20.8.7 EVICTION NOTICE ...... 20-10 20.8.8 NOTIFICATION TO POST OFFICE ...... 20-10
CHAPTER 21: PROGRAM INTEGRITY ...... 21-1
21.1 INTRODUCTION ...... 21-1
21.2 PREVENTING AND DETECTING PROGRAM ABUSE AND FRAUD ...... 21-1
21.3 INVESTIGATION ...... 21-1 21.3.1 WHEN HHA WILL INVESTIGATE ...... 21-1 21.3.2 CONSENT TO RELEASE OF INFORMATION ...... 21-2 21.3.3 ANALYSIS AND FINDINGS ...... 21-2 21.3.4 CONSIDERATION OF REMEDIES ...... 21-2
21.4 NOTICE AND APPEALS ...... 21-3
21.5 HHA CAUSED UNDER- OR OVERPAYMENT ...... 21-3
21.6 DEBTS TO HHA ...... 21-4 21.6.1 FAMILY DEBTS TO HHA ...... 21-4
21.7 REPAYMENT AGREEMENTS ...... 21-4
21.8 FAMILY-CAUSED ERRORS AND PROGRAM ABUSE ...... 21-5 21.8.1 PENALTIES FOR PROGRAM ABUSE BY A FAMILY ...... 21-6
21.9 PROHIBITED ACTIVITIES BY HHA STAFF ...... 21-6
21.10 CRIMINAL PROSECUTION ...... 21-7
21.11 FRAUD AND PROGRAM ABUSE RECOVERIES ...... 21-7
CHAPTER 22: FAMILY SELF-SUFFICIENCY ...... 22-1
22.1 OVERVIEW ...... 22-1
22.2 PROGRAM BENEFITS AND ROLES AND RESPONSIBILITIES ...... 22-1
22.3 OUTREACH ...... 22-1
22.4 PROGRAM SIZE ...... 22-1
22.5 FSS ACTION PLAN ...... 22-2
22.6 PROGRAM COORDINATING COMMITTEE...... 22-2
22.7 SELECTION OF FSS PARTICIPANTS ...... 22-3
ACOP: TABLE OF CONTENTS xiv
22.8 ELIGIBILITY ...... 22-3
22.9 FSS CONTRACT OF PARTICIPATION ...... 22-4 22.9.1 EXTENSIONS TO THE FSS CONTRACT OF PARTICIPATION ...... 22-5 22.9.2 COMPLETION OF THE CONTRACT ...... 22-6 22.9.3 CONSEQUENCES OF NON-COMPLIANCE WITH THE CONTRACT ...... 22-6 22.9.4 TERMINATION OF THE FSS CONTRACT ...... 22-7
22.10 INDIVIDUAL TRAINING AND SERVICE PLAN ...... 22-7
22.11 CHANGE IN FAMILY COMPOSITION ...... 22-8
22.12 PROVISION OF SERVICES ...... 22-8
22.13 ESCROW ACCOUNTS ...... 22-9 22.13.1 FSS ESCROW CREDIT ...... 22-9 22.13.2 TIMING OF THE ESCROW CREDIT CALCULATIONS ...... 22-10 22.13.3 CREDITING THE ESCROW ACCOUNT ...... 22-10 22.13.4 INVESTING THE FSS ESCROW ACCOUNT ...... 22-11 22.13.5 REPORTING ON THE FSS ESCROW ACCOUNT ...... 22-11 22.13.6 DISBURSING THE FSS ESCROW ACCOUNT ...... 22-12 22.13.7 USE OF FSS ESCROW FUNDS ...... 22-13 22.13.8 FORFEITING THE ACCOUNT ...... 22-13
22.14 OTHER FSS INCENTIVES ...... 22-14
22.15 AFFIRMATIVELY FURTHERING FAIR HOUSING ...... 22-14
22.16 FSS REPORTING REQUIREMENTS ...... 22-14
CHAPTER 23: CAREER ADVANCEMENT PROGRAM ...... 23-1
23.1 OVERVIEW ...... 23-1
23.2 PROGRAM BENEFITS ...... 23-1
23.3 CAP INCOME DISREGARD...... 23-1
23.4 FSS & CAP ...... 23-1
CHAPTER 24: RENTAL ASSISTANCE DEMONSTRATION ...... 24-1
24.1 PUBLIC HOUSING HOUSEHOLDS RIGHT TO RETURN ...... 24-1
24.2 POLICIES FOR RESIDENTS OF RAD CONVERTED DEVELOPMENTS ...... 24-1
24.3 WAITING LISTS ...... 24-1
24.4 TRANSFERS TO AND FROM PUBLIC HOUSING AND RAD DEVELOPMENTS ...... 24-1
24.5 TRANSFER OF ASSISTANCE ...... 24-2
24.6 GRIEVANCE PROCEDURES ...... 24-2
ACOP: TABLE OF CONTENTS xv
24.7 FAMILY SELF-SUFFICIENCY ...... 24-2
APPENDIX A: ACRONYMS USED IN PUBLIC HOUSING ...... A-1
APPENDIX B: GLOSSARY OF PUBLIC HOUSING TERMS ...... B-1
APPENDIX C: NON-SMOKING POLICY ...... C-1
APPENDIX D: CHART OF OFFENSES – DENIAL OF ADMISSION ...... D-1
APPENDIX E: PET POLICY...... E-1
APPENDIX F: GRIEVANCE POLICY ...... F-1
APPENDIX G: FEDERALLY MANDATED INCOME EXCLUSIONS ...... G-1
APPENDIX H: VAWA EMERGENCY TRANSFER PLAN ...... H-1
ACOP: TABLE OF CONTENTS xvi
CHAPTER 1: OVERVIEW OF THE PROGRAM AND ACOP
1.1 MOVING TO WORK DEMONSTRATION
The Holyoke Housing Authority (HHA) has been designated a Moving to Work Demonstration site, provided under Section 204(a) of the 1996 Appropriations Act. The Moving to Work Demonstration Agreement was effective September 6, 2013.
HHA’s MTW Agreement provides that HHA shall have flexibility to design and test various approaches for providing and administering housing assistance that reduce cost and achieve greater cost effectiveness in federal expenditures; give incentives to households with children whose heads of household are either working, seeking work, or are participating in job training, educational, or other programs that assist in obtaining employment and becoming economically self-sufficient; and increase housing choices for low income households.
HHA is exempt from certain provisions of the U.S. Housing Act of 1937 and it’s implementing regulations. This allows HHA to design and test innovative methods of providing housing and delivering services to low-income households in an efficient and effective manner. HHA may adopt and implement policies for admission and occupancy, eligibility, selection and assignment, hardships, change in income, definition of elderly, recertifications, establishing rents, lease requirements, and other specific criteria. The policies HHA has implemented pursuant to MTW are included in this Admissions and Continued Occupancy Policy (ACOP), HHA’s MTW Agreement, and HHA’s MTW Annual Plans.
HHA’s ACOP includes policies which have been developed and implemented under the MTW program. The policies adopted by HHA, under the MTW Agreement, will remain in force through the term of the Agreement and will supersede existing and applicable HUD requirements unless and until amended.
Additionally, this ACOP includes policies which govern the units not covered under HHA’s MTW Agreement. These policies have been developed pursuant to applicable federal laws and regulations. Program policies related to the Public Housing Program and not addressed in this ACOP are governed by HHA’s MTW Agreement, MTW Annual Plans and, as applicable, federal statutes and regulations as well as other applicable law.
1.2 HHA MISSION
The Holyoke Housing Authority is committed to providing decent, safe, affordable housing for low-income families and to manage resources efficiently. The mission of the Holyoke Housing Authority is to promote adequate and affordable housing, economic opportunity, and a suitable living environment free from discrimination.
1.3 OVERVIEW AND PURPOSE OF THE ACOP
ACOP: OVERVIEW OF THE PROGRAM AND ACOP 1-1
The Holyoke Housing Authority (HHA) is a non-profit, quasi-public corporation which administers the public housing program in conformance with its MTW Agreement and all applicable federal, State and local regulatory requirements.
The ACOP is required by HUD. The purpose of the ACOP is to establish policies for carrying out the programs in a manner consistent with HUD requirements, HHA’s MTW Agreement and local goals and objectives included in HHA’s MTW Plans. This ACOP is available for public review.
1.4 UPDATING AND REVISING THE ACOP
HHA will review and update the ACOP as needed to reflect changes in regulations, MTW initiatives, HHA operations, or when needed to ensure staff consistency in operation. The original ACOP and any changes are approved by HHA’s Board of Commissioners.
HHA, from time to time, may make non-substantive changes and edits to the ACOP to clarify policy language.
1.5 APPLICABLE REGULATIONS AND AGREEMENTS
This ACOP is governed by the following authorities:
HHA’s Moving to Work Demonstration Agreement between HHA and the U.S. Department of Housing and Urban Development; and
HHA MTW Annual Plans.
To the extent not superseded by the above authorities, the following regulations apply:
24 CFR Part 5: General Program Requirements;
24 CFR Part 8: Nondiscrimination;
24 CFR Part 35: Lead-Based Paint;
24 CFR Part 903: Public Housing Agency Plans
24 CFR Part 945: Designated Housing
24 CFR Part 960: Admission and Occupancy Policies
24 CFR 965: PHA-Owned or Leased Projects – General Provisions
24 CFR Part 966: Lease and Grievance Procedures
1.6 MTW – SIMPLIFICATION AND STREAMLINING OF PROCESS
ACOP: OVERVIEW OF THE PROGRAM AND ACOP 1-2
HHA may adopt and implement any reasonable policies for setting rents for public housing, or rents or subsidy levels for tenant-based assistance, notwithstanding the U.S. Housing Act of 1937. HHA will submit the proposed policies to HUD annually and upon any material change. Prior to HHA to submission to HUD, HHA will ensure that:
HHA’s Board approves the policies, including related impact analyses;
HHA will periodically reevaluate its rent and subsidy level policies, including preparing a revised impact analysis;
HHA has adopted a policy for addressing hardship cases and has included a transition period for rent increases to existing tenants; and
HHA holds a public hearing regarding the policy.
1.6.1 MTW AND NON-MTW POLICIES
Policies that are adopted by HHA, under the MTW Agreement, are specifically noted in the ACOP as MTW policies. Where an ACOP policy relates to MTW and Non-MTW programs, the policy citation will not state MTW or Non-MTW.
1.6.2 IDENTIFYING MTW POLICIES
The following table reflects the MTW policies contained in HHA’s ACOP, including the respective effective date for each policy initiative and modification.
Chapter Heading/Topic Effective Date Chapter 1: Overview of the 1.1 Moving to Work Demonstration Program & Plan 1.6.1. MTW and Non-MTW Policies Chapter 7: Verification 7.30 Assets and Income from Assets Verification 2014
Chapter 13: Reexaminations 13.4 Regular Reexamination Frequency 2014 & Continued Occupancy 13.11.1 Limits on Interim Reexamination 2015 8.26 Earned Income Disallowance 2015
ACOP: OVERVIEW OF THE PROGRAM AND ACOP 1-3
CHAPTER 2: GENERAL POLICIES
2.1 INTRODUCTION
This chapter discusses administrative policies and practices that are relevant to the administration of HHA’s Public Housing Program.
2.2 SMOKE-FREE POLICY
HHA, as required by HUD, has established a smoke-free policy which bars the use of prohibited tobacco products in all public housing living units, interior common areas and outdoor areas within 25 feet from public housing and administrative office buildings (collectively, “restricted areas”).
Residents, staff and guests are required to adhere to HHA’s Smoke Free Policy. Copies of the Smoke-Free Policy are included in this ACOP as APPENDIX C: NON-SMOKING POLICY.
2.3 RECORD KEEPING
2.3.1 OVERVIEW
HHA will maintain complete and accurate accounts and other records for the program in accordance with HUD requirements, in a manner that permits a speedy and effective audit. All such records will be made available to HUD or the Comptroller General of the United States upon request.
In addition, HHA will ensure that all applicant and participant files are maintained in a way that protects an individual’s privacy rights, and that comply with VAWA 2013 confidentiality requirements.
2.3.2 RECORD RETENTION
During the term of each assisted lease, and for at least three years thereafter, HHA will keep the Form HUD 50058 and supporting documentation.
In addition, HHA will keep the following records for at least three years:
An application from each ineligible family and notice that the applicant is not eligible;
Lead-based paint records as required by 24 CFR 35, Subpart B;
Documentation supporting the establishment of flat rents;
Documentation supporting the establishment of utility allowances and surcharges;
ACOP: GENERAL POLICIES 2-1
Accounts and other records supporting HHA budget and financial statements for the program;
Complaints, investigations, notices, and corrective actions related to violations of the Fair Housing Act or the equal access final rule;
Confidential records of all emergency transfers related to VAWA requested under HHA’s Emergency Transfer plan and the outcomes of such requests; and
Other records specified by HUD.
If a hearing to establish a family’s citizenship status is held, longer retention requirements apply for some types of documents.
2.3.3 RECORDS MANAGEMENT
HHA will maintain applicant and participant files and information in accordance with the regulatory requirements.
All applicant and participant information will be kept in a secure location and access will be limited to authorized HHA staff.
HHA staff will not discuss personal family information unless there is a business reason to do so. Inappropriate discussion of family information or improper disclosure of family information by staff will result in disciplinary action. Information that is obtained directly from applicants/clients or from those persons authorized by the applicant/client will be used or disclosed only for purposes relating directly to the administration of the public housing program.
Privacy Act Requirements The collection, maintenance, use, and dissemination of social security numbers [SSN], employer identification numbers [EIN], any information derived from these numbers, and income information of applicants and participants will be conducted, to the extent applicable, in compliance with the Privacy Act of 1974, and all other provisions of Federal, State, and local law.
Applicants and participants, including all adults in the household, are required to sign a consent form, HUD-9886, Authorization for Release of Information. This form incorporates the Federal Privacy Act Statement and describes how the information collected using the form may be used, and under what conditions HUD or HHA may release the information collected.
Upfront Income Verification [UIV] Records HHA will ensure that all UIV data is protected in accordance with Federal laws, regardless of the media on which the data is recorded [e.g. electronic, paper]. These requirements are contained in Upfront Income Verification [UIV] System Security Procedures. HHA will maintain EIV income reports in the tenant file for the duration of the tenancy, and no longer than three years from the end of participation date.
ACOP: GENERAL POLICIES 2-2
Criminal Records HHA may only disclose the criminal conviction records which HHA receives from a law enforcement agency to officers or employees of HHA, or to authorized representatives of HHA who have a job-related need to have access to the information.
HHA will ensure that any criminal record received by HHA from a law enforcement agency is maintained confidentially, not misused or improperly disseminated, and destroyed, once the purpose for which the record was requested has been accomplished, including expiration of the period for filing a challenge to HHA action without institution of a challenge or final disposition of any such litigation.
HHA will ensure that any sex offender registration information received by HHA from a State or local agency is maintained confidentially, not misused or improperly disseminated, and destroyed, once the purpose for which the record was requested has been accomplished, including expiration of the period for filing a challenge to HHA action without institution of a challenge or final disposition of any such litigation. However, a record of the screening, including the type of screening and the date performed will be retained [Notice PIH 2012-28]. This requirement does not apply to information that is public information, or is obtained by HHA other than under 24 CFR 5.905.
Medical/Disability Records HHA is not permitted to inquire about the nature or extent of a person’s disability. HHA may not inquire about a person’s diagnosis or details of treatment for a disability or medical condition. If HHA receives a verification document that provides such information, HHA will store the item confidentially or redact the confidential information.
Information documenting the need for a reasonable accommodation will be kept in a separate folder and marked "confidential". The personal information in this folder will not be released except on an "as needed" basis in cases where an accommodation is under consideration. Any information received that contains an individual’s specific diagnosis, information regarding the individual’s treatment, and/or information regarding the nature or severity of a person’s disability will be destroyed or returned to the household member. It will not be kept in a separate folder. All requests for access and related review of accommodation requests will be received and determined by HHA staff person assigned to review and make determinations on reasonable accommodations or by the public housing program designee.
Documentation of Domestic Violence, Dating Violence, Sexual Assault, or Stalking For requirements and HHA policies related to management of documentation obtained from victims of domestic violence, dating violence, sexual assault, or stalking, see VAWA policies.
2.3.4 ELECTRONIC SIGNATURES & SCANNED DOCUMENTS
Electronic records and signatures carry the same weight and legal effect as traditional paper documents and handwritten signatures. HHA will not deny the legal effect or enforceability of a
ACOP: GENERAL POLICIES 2-3 document solely because it is in electronic form. (Electronic Signatures in Global and National Commerce Act (ESIGN, 2000) and the Uniform Electronic Transactions Act (UETA, 1999).
HHA will accept scanned documents to verify program information. If at any time, HHA has reason to believe that documents have been altered or contain fraudulent information, HHA may request additional documentation to verify program information.
2.4 REPORTING AND RECORD KEEPING FOR CHILDREN WITH ELEVATED BLOOD LEAD LEVEL
2.4.1 OVERVIEW
HHA has certain responsibilities relative to children with elevated blood lead levels that are living in public housing. This part covers the reporting requirements, data collection and record keeping responsibilities that HHA is subject to.
2.4.2 REPORTING REQUIREMENTS
HHA will report the name and address of a child identified as having an elevated blood lead level to the public health department within 5 business days of being so notified by any other medical health care professional.
HHA will also report each known case of a child with an elevated blood lead level to the HUD field office.
ACOP: GENERAL POLICIES 2-4
CHAPTER 3: FAIR HOUSING AND EQUAL OPPORTUNITY
3.1 INTRODUCTION
This chapter explains the laws and HUD regulations requiring HHA to affirmatively further civil rights and fair housing in all federally-assisted housing programs. The letter and spirit of these laws are implemented through consistent policies and processes. The responsibility to further nondiscrimination pertains to all areas of HHA’s public housing operations.
3.2 NON-DISCRIMINATION
HHA treats all applicants and clients equally, providing the same quality of service, regardless of household characteristics and background. Federal law prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial status, and/or disability. In addition, HUD regulations provide for additional protections regarding sexual orientation, gender identity, and marital status. HHA will comply with all applicable federal, State, and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including:
Title VI of the Civil Rights Act of 1964;
Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988);
Executive Order 11063;
Section 504 of the Rehabilitation Act of 1973;
The Age Discrimination Act (ADA) of 1975;
Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern);
The Equal Access to Housing in HUD Programs regardless of Sexual Orientation or Gender Identity Final Rule, published in the Federal Register February 3, 2012;
The Violence Against Women Reauthorization Act of 2013 (VAWA);
Any applicable state laws or local ordinances and any legislation protecting individual rights of tenants, applicants or staff that may subsequently be enacted.
When more than one civil rights law applies to a situation, the laws will be read and applied together.
ACOP: FAIR HOUSING AND EQUAL OPPORTUNITY 3-1
HHA will not discriminate on the basis of race, color, sex, religion, national origin, ancestry, age, familial status, marital status, disability, sexual orientation or gender identity:
Deny to any household the opportunity to apply for housing, nor deny any qualified applicant the opportunity to participate in the public housing program;
Provide housing that is different from that provided to others;
Subject anyone to segregation or disparate treatment;
Restrict anyone'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;
Steer an applicant or client toward or away from a particular area based any of these factors;
Deny anyone access to the same level of services;
Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program;
Discriminate in the provision of residential real estate transactions;
Discriminate against someone because they are related to or associated with a member of a protected class; or
Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected class.
3.3 PROVIDING INFORMATION TO FAMILIES
HHA takes steps to ensure that families are fully aware of all applicable civil rights laws. As part of the briefing process, HHA provides information to public housing applicant families about civil rights requirements.
3.4 DISCRIMINATION COMPLAINTS
Applicants or households that believe they have been subject to unlawful discrimination may notify HHA in writing. HHA will attempt to remedy discrimination complaints made against HHA.
HHA will provide a copy of a discrimination complaint form to the complainant and provide them with information on how to complete and submit the form to HUD’s Office of Fair Housing and Equal Opportunity (FHEO).
ACOP: FAIR HOUSING AND EQUAL OPPORTUNITY 3-2
Upon receipt of a housing discrimination complaint, HHA will:
Provide written notice of the complaint to those alleged and inform the complainant that such notice was made.
Investigate the allegations and provide the complainant and those alleged with findings and either a proposed corrective action or an explanation of why corrective action is not warranted.
Keep records of all complaints, investigations, notices, and corrective actions
3.5 POLICIES RELATED TO PERSONS WITH DISABILITIES
HHA strives to ensure that persons with disabilities have full access to HHA’s programs and services. This responsibility begins with the first inquiry of an interested household and continues through every programmatic area of the public housing program.
HHA will ask all applicants and clients if they require any type of accommodations. HHA will inquire concerning accommodations on the intake application, recertification documents, and notices of adverse action by HHA.
If a person requests an accommodation, HHA may need to verify that the person is a qualified individual with a disability, and will determine whether an accommodation is necessary to provide the individual with an equal opportunity to participate in the public housing program. A person who does not meet the definition of disability is not entitled to a reasonable accommodation.
3.5.1 DEFINITION OF DISABILITY
A person with a disability is any person who:
Has a physical or mental impairment that substantially limits one or more of the major life activities of an individual, or
Has a record of such impairment, or
Is regarded as having such impairment.
The phrase “physical or mental impairment” includes:
Any physiological disorder or condition, cosmetic or disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or
ACOP: FAIR HOUSING AND EQUAL OPPORTUNITY 3-3
Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term “physical or mental impairment” includes, but is not limited to: such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism.
“Major life activities” includes, but is not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning, and/or working.
“Has a record of such impairment” means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major live activities.
“Is regarded as having an impairment” is defined as having a physical or mental impairment that does not substantially limit one or more major life activities but is treated by a public entity (such as HHA) as constituting such a limitation; has none of the impairments defined in this section but is treated by a public entity as having such an impairment; or has a physical or mental impairment that substantially limits one or more major life activities, only as a result of the attitudes of others toward that impairment.
3.5.2 PERSON WITH DISABILITIES DOES NOT INCLUDE
The definition of a person with disabilities does not include:
Current illegal drug users;
People whose alcohol use interferes with the rights of others; or
Persons who objectively pose a direct threat or substantial risk of harm to others that cannot be controlled with a reasonable accommodation under the public program.
3.5.3 VERIFICATION OF DISABILITY
When verifying a disability, HHA will follow its policies on verification. All information related to a person’s disability will be treated in accordance with the privacy policies in this ACOP. In addition to the general requirements that govern all verification efforts, additional verification requirements for verifying disability will be followed. See 7.22: VERIFICATION OF DISABILITY
3.5.4 DENIAL OR TERMINATION OF ASSISTANCE – FAMILIES WITH DISABLED HOUSEHOLD MEMBERS
HHA’s decision to deny or terminate the assistance to a household that includes a person with disabilities is subject to consideration of reasonable accommodation.
ACOP: FAIR HOUSING AND EQUAL OPPORTUNITY 3-4
When applicants with disabilities are denied assistance, the notice of denial will inform them of HHA’s informal review process and their right to request a hearing. In addition, the notice will inform applicants with disabilities of their right to request reasonable accommodations to participate in the informal hearing process.
When a household’s lease is terminated, the notice of termination will inform them of HHA’s informal hearing process and their right to request a hearing and reasonable accommodation.
When reviewing reasonable accommodation requests, HHA will consider whether any mitigating circumstances can be verified to explain and overcome the problem that led to HHA’s decision to deny or terminate assistance. If a reasonable accommodation will allow the household to meet the requirements, HHA may make the accommodation
3.6 REASONABLE ACCOMMODATION
A person with a disability may require special accommodations in order to have equal access to the public housing program. The types of reasonable accommodations HHA can provide include changes, exceptions, or adjustments to a rule, policy, practice, or service.
Requests for accommodations will be considered reasonable if they do not create an "undue financial and administrative burden" for HHA, or result in a “fundamental alteration” in the nature of the program or service offered. A fundamental alteration is a modification that alters the essential nature of HHA’s operations.
3.6.1 TYPES OF REASONABLE ACCOMMODATIONS
When requested, HHA will make reasonable accommodations to modify normal procedures to accommodate the needs of a person with disabilities. Examples include but are not limited to:
Permitting applications and recertification’s to be completed by mail;
Conducting home visits;
Permitting a higher utility allowance for the unit if a person with disabilities requires the use of specialized equipment related to the disability;
Permitting an authorized designee or advocate to participate in the application or certification process and any other meetings with HHA staff; or
Displaying posters and other housing information in locations throughout HHA's office in such a manner as to be easily readable from a wheelchair.
3.6.2 REQUEST FOR AN ACCOMMODATION
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If an applicant or client indicates that an exception, change, or adjustment to a rule, policy, practice, or service is needed because of a disability, HHA will treat the information as a request for a reasonable accommodation, even if no formal request is made.
The household must explain what type of accommodation is needed to provide the person with the disability full access to HHA’s programs and services.
If the need for the accommodation is not readily apparent or known to HHA, the household must explain the relationship between the requested accommodation and the disability. There must be an identifiable relationship, or nexus, between the requested accommodation and the individual’s disability. HHA may request verification necessary to determine the need for or type of accommodation.
3.6.3 APPROVAL OR DENIAL OF A REQUESTED ACCOMMODATION
HHA will approve a request for an accommodation if the following three conditions are met:
The request was made by or on behalf of a person with a disability;
There is a disability-related need for the accommodation; and
The requested accommodation is reasonable, meaning it would not impose an undue financial and administrative burden on HHA, or fundamentally alter the nature of HHA’s Public Housing operations (including the obligation to comply with its MTW Agreement and applicable HUD requirements and regulations).
Requested accommodations will not be approved if one of the following would occur as a result:
A violation of State and/or federal law;
A fundamental alteration in the nature of HHA housing program;
An undue financial and administrative burden on HHA;
A structurally infeasible alteration; or
An alteration requiring the removal or alteration of a load-bearing structural member.
Requests for accommodations will be assessed on a case-by-case basis, taking into account factors such as the cost of the requested accommodation, the financial resources of HHA at the time of the request, the benefits that the accommodation would provide to the household, and the availability of alternative accommodations that would effectively meet the household ’s disability-related needs to the extent applicable to public housing (Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act).
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Before making a determination whether to approve the request, HHA may enter into discussion and negotiation with the household, request more information from the household, or may require the household to sign a consent form so that HHA may verify the need for the requested accommodation.
After a request for an accommodation is presented, HHA will respond, in writing, in a timely fashion.
If HHA denies a request for an accommodation because there is no relationship found between the disability and the requested accommodation, the notice will inform the household of the right to appeal HHA’s decision through an informal hearing (if applicable).
If HHA denies a request for an accommodation because it is not reasonable (it would impose an undue financial and administrative burden or fundamentally alter the nature of HHA’s operations), HHA may review with the household alternative accommodations which could effectively address the household’s disability-related needs without a fundamental alteration to the public housing program and without imposing an undue financial and administrative burden.
If HHA believes that the household has failed to identify a reasonable alternative accommodation after interactive discussion and negotiation, HHA will notify the household, in writing, of its determination in a timely fashion. The notice will inform the household of the right to appeal HHA’s decision through an informal hearing.
3.6.4 RIGHT TO APPEAL/INFORMAL HEARING PROCESS FOR REASONABLE ACCOMMODATION
Public housing program applicants or clients may file a complaint in accordance with HHA’s Informal Hearing Policy following a formal determination by HHA’s Section 504/ADA Coordinator denying a reasonable accommodation. Persons with disabilities may also request reasonable accommodations to participate in HHA Informal Hearing process and HHA will consider such accommodation.
3.7 PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION IMPAIRMENTS
HUD regulations require HHA to ensure that persons with disabilities related to hearing and vision have reasonable access to HHA's programs and services [24 CFR 8.6]. At the initial point of contact with each applicant, HHA will inform all applicants of alternative forms of communication that can be used other than plain language paperwork.
3.8 PHYSICAL ACCESSIBILITY
HHA complies with the applicable requirements pertaining to physical accessibility, including the following:
Notice PIH 2010-26;
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Section 504 of the Rehabilitation Act of 1973;
The Americans with Disabilities Act of 1990;
The Architectural Barriers Act of 1968; and
The Fair Housing Act of 1988.
HHA’s policies concerning physical accessibility are readily available to applicants and households. They can be found in the following documents:
This policy, the ACOP, describes the key policies that govern HHA’s responsibilities with regard to physical accessibility;
PIH Notice 2010-26 summarizes information about pertinent laws and implementing regulations related to nondiscrimination and accessibility in federally-funding housing programs; and
HHA’s MTW Plans.
3.9 IMPROVING ACCESS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY
Language for Limited English Proficiency Persons (LEP) can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by the public housing program. In certain circumstances, failure to ensure that LEP persons can effectively participate in or benefit from federally-assisted programs and activities may violate the prohibition under Title VI against discrimination on the basis of national origin. This part incorporates the Notice of Guidance to Federal Assistance Recipients Regarding Title VI Prohibition Affecting Limited English Proficient Persons, published January 22, 2007 in the Federal Register.
HHA will ensure that affirmative steps are taken to communicate with people who need services or information in a language other than English. Individuals may contact HHA for a referral to locally available language resources.
LEP is defined as persons who do not speak English as their primary language and who have a limited ability to read, write, speak or understand English. For the purposes of this ACOP, LEP persons are public housing applicants and clients, and parents and household members of applicants and clients.
In order to determine the level of access needed by LEP persons, HHA will balance the following four factors:
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The number or proportion of LEP persons eligible to be served or likely to be encountered by the public housing program;
The frequency with which LEP persons come into contact with the program;
The nature and importance of the program, activity, or service provided by the program to people’s lives; and
The resources available to HHA and costs.
Balancing these four factors will ensure meaningful access by LEP persons to critical services while not imposing undue burdens on HHA.
3.10 OUTREACH
To ensure the availability of qualified applicants on the waiting list, on an as needed basis, HHA will publicize and disseminate information to make known the availability of housing assistance and related services for income-eligible families.
HHA may undertake the following actions to expand housing choices and reduce concentrations of poverty and assisted units:
Submitting press releases to local newspapers, including minority newspapers;
Developing informational materials and flyers to distribute to other agencies;
Providing application forms to other public and private agencies that serve the low income population; and
Developing partnerships with other organizations that serve similar populations, including agencies that provide services for persons with disabilities.
HHA will monitor the characteristics of the population being served and the characteristics of the population as a whole in HHA’s jurisdiction. Targeted outreach efforts will be undertaken if a comparison suggests that certain populations are being underserved.
3.11 VIOLENCE AGAINST WOMEN ACT PROTECTIONS
The Violence against Women Act of 2013 (VAWA) provides special protections for victims of domestic violence, dating violence, sexual assault and stalking who are applying for or receiving assistance under the public housing program. Protections under VAWA are not limited to women but cover victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.
The purpose of this policy is to implement applicable provisions of the Violence Against Women Act of 2005 and the Violence Against Women Reauthorization Act of 2013 (collectively
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VAWA), and to set forth HHA’s policies regarding domestic violence, dating violence, sexual assault and stalking. Notwithstanding VAWA’s title, this policy is gender-neutral.
3.11.1 DEFINITIONS AS USED IN THE VIOLENCE AGAINST WOMEN ACT
The definitions applicable to the Violence Against Women Act (VAWA) include the following which can be found in APPENDIX B: GLOSSARY OF PUBLIC HOUSING TERMS
Actual or Imminent Threat Affiliated Individual Bifurcate Covered Housing Provider Dating Violence Domestic Violence Intimate Partner of the Victim Sexual Assault Stalking
3.11.2 PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT AND STALKING
Applicants who otherwise qualify for assistance or admission will not be denied admission on the basis that the applicant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. VAWA does not limit HHA’s authority to deny assistance to an individual or household that is not otherwise qualified or eligible for assistance.
3.11.3 PROHIBITION AGAINST TERMINATION OF ASSISTANCE RELATED TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT AND STALKING
Criminal activity directly relating to domestic violence, dating violence, sexual assault or stalking, engaged in by a member of a tenant’s family or any guest or other person under the tenant’s control will not be the basis for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s household is the victim or threatened victim of that domestic violence, dating violence, sexual assault or stalking.
Incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking will not be construed either as serious or repeated violations of the Lease by the victim of such violence or as good cause for terminating the tenancy or occupancy rights of the victim of such violence.
Notwithstanding the foregoing, HHA may exercise its authority to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against household members or others,
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HHA may exercise its discretion to bifurcate a Lease in order to evict, remove or terminate assistance to tenants or lawful occupants who perpetrate such violence against victims or affiliated individuals.
Further, HHA retains its authority to terminate the tenancy of any tenant if HHA concludes that there is an actual and imminent threat to other tenants or those employed at or providing service to the property if that tenant is not evicted or terminated from assistance. VAWA does not limit HHA’s authority to deny or terminate assistance to an individual or family that is not otherwise qualified or eligible for assistance.
HHA may terminate assistance or evict a tenant for any violation of the Lease not premised on the kinds of violence described above, as long as HHA refrains from subjecting a victim of domestic violence, dating violence, sexual assault, or stalking to a more demanding standard than applied to other tenants facing Lease termination. VAWA does not limit HHA’s authority to deny or terminate assistance to an individual or family that is not otherwise qualified or eligible for assistance.
Notwithstanding the protections provided to tenants under VAWA, HHA will:
Comply with court orders that address the rights of access to or control of property, including civil protection orders issued to protect victims of domestic violence, dating violence, sexual assault, and stalking; and
Comply with court orders that address the distribution or possession of property among members of a household.
In the event HHA evicts, removes or terminates assistance to an individual by bifurcating the Lease, HHA will refrain from penalizing the victim of such criminal activity who is a tenant or lawful occupant. HHA will also provide any remaining family members an opportunity to establish eligibility for continued occupancy, if the individual evicted as a result of the bifurcation of the Lease was the sole tenant eligible for housing assistance. If a tenant is unable to establish eligibility, HHA will provide tenant a reasonable time, not to exceed 60 days, to find new housing.
This policy permits HHA to provide emergency transfers to victims of domestic violence, dating violence, sexual assault and stalking if the tenant expressly requests the transfer and the tenant reasonably believes that he/she is threatened with imminent harm from further violence if the tenant remains in the unit. In the case of a tenant who is the victim of sexual assault, an emergency transfer may be provided if the individual reasonably believes there is a threat of imminent harm from further violence if they remain in their unit or if the individual reasonably believes there is a threat of imminent harm from further violence if they remain in their unit or if the sexual assault occurred on the premises during the 90 day period preceding the request for a transfer.
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HHA will maintain the confidentiality of the tenant’s new location in the event the tenant receives an emergency transfer related to VAWA protections.
3.11.4 VAWA SELF-PETITIONERS
HHA will review non-citizen applicant or tenant requests for admission or continued occupancy as a result of being a self-petitioner under the Violence against Women Reauthorization Act of 2013. A VAWA self-petitioner is someone who claims to be a victim of “battery or extreme cruelty,” i.e., victims of domestic violence, dating violence, sexual assault, or stalking and who indicates that they have “satisfactory immigration status; however, HHA has not yet verified that his/her satisfactory immigration status. Satisfactory immigration status means an immigration status which does not make the individual ineligible for financial assistance. A VAWA self- petitioner may submit an I-360 VAWA Self Petition, an I-130 Family-Based VISA Petition or a USCIS Form 1-797 to demonstrate a claim of satisfactory immigration status. When a VAWA self-petitioner uses the Family Based VISA petition to satisfy immigration status, upon verification of the Family Based VISA petition, HHA will require the petitioner to submit evidence of battery or extreme cruelty.
HHA may provide assistance to a non-citizen, applicant VAWA self-petitioner while HHA verifies his/her eligible immigration status. Additionally, HHA may provide continued assistance to the non-citizen participant VAWA petitioner during the time that HHA verifies his/her eligible immigration status. Housing assistance and all other VAWA protections will be granted to the VAWA self-petitioner throughout the verification process until a final determination of lawful permanent residency can be made.
If HHA later determines that the VAWA self-petitioner does not have eligible immigration status, HHA will notify the individual and take action to terminate assistance.
3.11.5 HHA CONFIDENTIALITY REQUIREMENTS – VAWA
HHA will not disclose or release or enter into any shared database any personally identifying information or individual information collected in connection with VAWA protections requested or denied except to the extent that the disclosure is:
Requested or consented to by the individual in writing;
Required for use in an eviction proceeding; or
Otherwise required by applicable law.
If disclosure is required for use in an eviction proceeding or is otherwise required by applicable law, HHA will make reasonable attempts to provide notice to victims affected by the disclosure of information and will take steps necessary to protect the privacy and safety of the persons affected by the release of the information.
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At the time the applicant is denied, HHA may share the following:
Non-personally identifying data in the aggregate regarding services to their tenants and non- personally identifying demographic information in order to comply with Federal or State reporting, evaluation, or data collection requirements;
Court-generated information and law enforcement-generated information containing insecure, governmental registries for protection order enforcement purposes; and
Law enforcement-generated and prosecution-generated information necessary for law enforcement and prosecution purposes.
3.11.6 NOTIFICATION TO APPLICANTS & TENANTS REGARDING PROTECTIONS UNDER VAWA
HHA will provide notice to applicants and tenants in assisted housing of protections provided under VAWA, in multiple languages when necessary, at the following junctures:
At the time the applicant is denied;
At the time the individual is admitted to public housing;
With any notification of eviction or notification of termination of assistance.
HHA acknowledges that a victim of domestic violence, dating violence, stalking, or sexual assault may have an unfavorable history (i.e., a poor credit history, non-payment of rent as a Public Housing tenant, a record of previous damage to an apartment/Public Housing unit, a prior/current conviction) that would warrant denial or termination under HHA’s policies. Therefore, if HHA makes a determination to deny admission to an applicant or to terminate assistance to a resident, HHA will include in its notice of denial/termination:
A statement of protections provided by VAWA;
A description of HHA confidentiality requirements; and
A request that an applicant/head of household wishing to claim this protection submit to HHA documentation meeting the specifications outlined in this ACOP or a request for an informal hearing or grievance hearing, whichever is applicable.
3.11.7 VICTIM DOCUMENTATION
HHA will require that an applicant claiming that the cause of an unfavorable history is that a member of the applicant family is or has been a victim of domestic violence, dating violence, sexual assault, or stalking provide documentation of such claim, including:
Demonstrating the connection between the abuse and the unfavorable history; and
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Naming the perpetrator of the abuse if it is safe to provide the name and if it is known to the victim.
When a family is facing assistance termination because of the actions of a tenant, household member, guest, or other person under the tenant’s control and a client or affiliated individual of the tenant’s household claims that she or he is the victim of such actions and that the actions are related to domestic violence, dating violence, sexual assault or stalking, HHA will require the individual to submit documentation affirming that claim.
Tenants may provide one of the following to demonstrate that they should receive protections under VAWA:
A completed and signed HUD-approved certification form (HUD Form 5382, Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), which must include the name of the perpetrator only if the name of the perpetrator is safe to provide and is known to the victim. The form may be filled out and submitted on behalf of the victim.
A Federal, State, tribal, territorial, local police record, court record or administrative agency record; or,
Documentation signed by the applicant or tenant AND an employee or representative of a victim services provider, or social services provider, or an attorney, school personnel, or medical professional, from whom the victim has sought assistance as a result of the abuse, in which the professional attests under penalty of perjury that the applicant or tenant believes that the incident/abuse is grounds for protection under VAWA.
Individuals or families claiming that they are a victim of domestic violence, dating violence or stalking may obtain a HUD Form 5382 from designated HHA locations.
3.11.8 TIME FRAME FOR SUBMITTING DOCUMENTATION
If an applicant for, or tenant of, HHA housing represents to HHA that they are entitled to protections under VAWA, HHA may request, either verbally or in writing, that the applicant submit a form of documentation as described above. The tenant must submit the required certification and supporting documentation to HHA within fourteen (14) business days after HHA has requested the documentation from the applicant/tenant. The 14-day deadline may be extended at HHA’s discretion. If the individual does not provide the required certification and supporting documentation within fourteen (14) business days of HHA’s request, or within the approved extension period, HHA may proceed with denial or termination of assistance.
If HHA can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if the tenant’s tenancy is not terminated, HHA will bypass the standard process and proceed with the immediate termination of the family’s assistance.
3.11.9 PERPETRATOR DOCUMENTATION
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If the perpetrator of the abuse is a member of the applicant/resident household, the applicant/Head of Household must provide additional documentation consisting of one of the following:
A signed statement requesting that the perpetrator be removed from the application or household and certifying that the perpetrator will not be permitted to visit or to stay as a guest in the assisted unit; or
Documentation that the perpetrator has successfully completed, or is successfully undergoing, rehabilitation or treatment. The documentation must be signed by an employee or agent of a domestic violence services provider or by a medical or other knowledgeable professional from whom the perpetrator has sought or is receiving assistance in addressing the abuse. The signer must attest under penalty of perjury that to his or her belief, the rehabilitation was successfully completed or is progressing successfully. The victim and perpetrator must also sign or attest to the documentation.
Perpetrator documentation must be submitted to HHA within the same timeframe as victim documentation.
3.11.10 TERMINATING TENANCY OF A DOMESTIC VIOLENCE OFFENDER
This section does not provide protection for perpetrators of domestic violence, dating violence, sexual assault or stalking. HHA may terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against household members or others without terminating assistance to, or otherwise penalizing, the victim of such violence who is also a tenant or lawful occupant. This authority supersedes any local, State, or other federal law to the contrary. However, if HHA chooses to exercise this authority, HHA will follow any procedures prescribed by HUD or by applicable local, State, or federal law regarding termination of assistance.
When the actions of a client or other household member result in a decision to terminate the household’s assistance and another household member claims that the actions involve criminal acts of physical violence against household members or others, HHA will request that the victim submit the required certification and supporting documentation in accordance with the stated timeframe. If the certification and supporting documentation are submitted within the required timeframe, or any approved extension period, HHA will terminate the offender’s assistance. If the victim does not provide the certification and supporting documentation, as required, HHA will deny relief for protection under VAWA and proceed with termination of the household’s assistance.
If HHA can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if the client’s tenancy is not terminated, HHA will bypass the standard process and proceed with the immediate termination of the household’s assistance.
3.11.11 TRANSFERS AND PORTABILITY UNDER VAWA
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HHA may provide a voucher and allow a household to move in violation of its lease if the household has complied with all other obligations of the public housing program and has moved out of the public housing unit in order to protect the health or safety of an individual who is or has been the victim of domestic violence, dating violence, stalking or sexual assault and who reasonably believes that he or she is imminently threatened by harm from further violence if he or she remains in the public housing unit.
3.11.12 RESPONSE TO CONFLICTING CERTIFICATION
In cases where HHA receives conflicting certification documents from two or more members of a household, each claiming to be a victim and naming one or more of the other petitioning household members as the perpetrator, HHA may determine which is the true victim by requiring third-party documentation from each member as described in this ACOP. Third-party documentation to substantiate the occurrence of a VAWA-related offense must be submitted within 30 calendar days. HHA will honor any court orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim or to address the distribution or possession of property among the household.
3.11.13 REMEDIES AVAILABLE TO VAWA VICTIMS
Notwithstanding any federal, State, or local law to the contrary, HHA may bifurcate (divide in two) a lease, or remove a household member from a lease without regard to whether the household member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any tenant or lawful occupant who engages in criminal acts of physical violence against household members or others, without evicting, removing, terminating assistance to, or otherwise penalizing the victim of such violence who is a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by federal, State, or local law for termination of assistance or leases under the relevant Public Housing, Section 8 HCV, and Section 8 Project-Based programs. Tenants who remain in the household after a lease bifurcation, who have not already established eligibility for housing assistance will be given at least 90 days from the date of the bifurcation of the lease in order to establish eligibility for housing assistance or to find alternative housing.
3.11.14 VAWA RECORD RETENTION
HHA will retain a record of all VAWA emergency transfer requests and outcomes for a period not less than three years. HHA will follow HUD reporting requirements regarding VAWA emergency transfer requests and outcomes.
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CHAPTER 4: APPLICATION, WAITING LIST & TENANT SELECTION
4.1 OVERVIEW
When a family wishes to reside in public housing, the family must submit an application that provides HHA with the information needed to determine the family’s eligibility. When a unit becomes available, HHA will select families from the waiting list in accordance with HUD requirements and HHA policies as stated in the ACOP and approved MTW plans.
This chapter describes HUD and HHA policies for taking application and managing the waiting list.
4.2 APPLYING FOR ASSISTANCE
Any family that wishes to reside in public housing must apply for admission to the program. Applications are available during the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday at the Admissions and Continued Occupancy Department located 475 Maple Street, Holyoke, MA, 01040. Families may also request – by telephone or by mail – that an application form be sent to the family via first class mail.
4.3 ACCESSIBILITY OF THE APPLICATION PROCESS
HHA will take steps to ensure that the application process is accessible to those people who might have difficulty complying with the normal, standard HHA application process. This could include people with disabilities, certain elderly individuals, as well as persons with limited English proficiency [LEP]. See policies on FAIR HOUSING AND EQUAL OPPORTUNITY for a full discussion of HHA’s policies related to providing reasonable accommodations for people with disabilities.
4.4 PLACEMENT ON THE WAITING LIST
HHA will review each completed application received and ensure that is complete. All applications shall be assigned a chronological application control number and shall be date and time stamped when they are received at the HHA Admission and Continued Occupancy Department. Completed applications will be placed on the waiting list. If a pre-application is incomplete, HHA will notify the family of the additional information required and the time frame for submission of a completed application. HHA will not conduct any pre-screening of applications.
No applicant has a right or entitlement to be listed on the waiting list, or to any particular position on the waiting list. HHA maintains waiting lists by bedroom size.
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Placement on the waiting list does not indicate that the family is, in fact, eligible for admission. When the family is selected from the waiting list, HHA will verify any preference(s) claimed and determine eligibility and suitability for admission to the program
4.5 REQUESTS BY LAW ENFORCEMENT ORGANIZATIONS
On the rare occasion when a local, state and/or federal law enforcement organization requests that HHA house a witness or other person [“applicant”] involved in an investigation or pending criminal action, HHA may place the applicant above all others on its existing waiting list and provide the applicant a unit, provided that the law enforcement organization provides compelling written justification for the request. These special circumstances would also include verified victims of hate crimes. The request shall be reviewed and approved by the Executive Director. The Executive Director shall document the request and provide written authorization for the applicant’s placement on the waiting list. The Executive Director shall provide a copy of this documentation to HHA’s Performance Auditor. The Executive Director may approve up to ten (10) requests per fiscal year.
If the existing waiting list has been exhausted, HHA will enter the applicant’s information directly onto its system before providing housing.
4.6 MANAGING THE WAITING LIST
4.6.1 OVERVIEW
HHA will have policies regarding various aspects of organizing and managing the waiting list of applicant families. This includes opening the list to new applicants, closing the list to new applicants, notifying the public of waiting list openings and closings, updating waiting list information, purging the list of families that are no longer interested in or eligible for assistance, as well as conducting outreach to ensure a sufficient number of applicants.
In addition, HUD imposes requirements on how HHA may structure its waiting list and how families must be treated if they apply for assistance from a PHA that administers more than one assisted housing program.
4.6.2 ORGANIZATION OF THE WAITING LIST
The waiting list will contain the following information for each applicant listed:
Applicant name;
Social Security number;
Family unit size;
Date and time of application;
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Gross Income;
Qualification for any local preference;
Racial or ethnic designation of the head of household.
HHA maintains waiting lists by bedroom size.
Families that apply for public housing will be offered the opportunity to be placed on the waiting list for any HCV, project-based voucher or moderate rehabilitation program HHA operates if 1] the other programs’ waiting lists are open, and 2] the family is qualified for the other programs.
HHA will not merge the public housing waiting list with the waiting list for any other program HHA operates.
4.6.3 OPENING AND CLOSING THE WAITING LIST
Closing the Waiting List HHA will close the waiting list if it has an adequate pool of families to fill anticipated vacancies. Where HHA has particular preferences or funding criteria that require a specific category of family, HHA may elect to continue to accept applications from these applicants while closing the waiting list to others. HHA may close a list completely, or restrict intake by type of development, by size and by type of dwelling unit.
When a waiting list is closed, in whole or in part, HHA will not maintain a list of individuals who wish to be notified when the waiting list is re-opened.
Reopening the Waiting List If the number of applicants on a waiting list drops below anticipated need (i.e. bedroom size, income level in order to meet income targeting requirements, etc.), HHA may reopen the waiting list and begin taking new applications.
HHA will announce the reopening of a waiting list in advance of the date applications will first be accepted. If the list is only being re-opened for certain categories of families, this information will be contained in the notice. The notice will specify where, when and how pre- applications are to be received, as well as the method HHA will use to determine applicant ranking on the waiting list.
HHA will give public notice by publishing the relevant information in suitable media outlets including, but not limited to:
Springfield Republican
Springfield Sunday Republican.
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In addition, HHA will notify social service organizations such as the Department of Transitional Assistance, Council on Aging, and Neighborhood Councils. Bilingual materials will be provided as needed and where practical and feasible.
4.7 FAMILY OUTREACH
HHA will conduct outreach as necessary to ensure that HHA has a sufficient number of applicants on the waiting list to fill anticipated vacancies. Because HUD requires HHA to serve a specified percentage of extremely low income families, HHA may need to conduct special outreach to ensure that an adequate number of such families apply for assistance. HHA outreach efforts will comply with fair housing requirements. This includes:
Analyzing the housing market area and the populations currently being served to identify underserved populations
Ensuring that outreach efforts are targeted to media outlets that reach eligible populations that are underrepresented in the program
Avoiding outreach efforts that prefer or exclude people who are members of a protected class
HHA outreach efforts will be designed to inform qualified families about the availability of assistance under the program. These efforts may include, as needed, any of the following activities:
Submitting press releases to local newspapers, including minority newspapers
Developing informational materials and flyers to distribute to other agencies
Providing application forms to other public and private agencies that serve the low income population
Developing partnerships with other organizations that serve similar populations, including agencies that provide services for persons with disabilities
HHA will monitor the characteristics of the population being served and the characteristics of the population as a whole in HHA’s jurisdiction. Targeted outreach efforts will be undertaken if a comparison suggests that certain populations are being underserved.
4.8 REPORTING CHANGES IN FAMILY CIRCUMSTANCES
While the family is on a waiting list(s), the family must inform HHA of changes in income, family composition, and/or contact information, including current residence, mailing address, and phone number. Changes to family income, composition, contact information and/or other application information must be submitted in writing, in person at HHA or via US mail. Failure
ACOP: APPLICATION, WAITING LIST & TENANT SELECTION 4-4 to report these changes may affect a family’s placement on the waiting list(s) and could result in removal of the family’s name from the waiting list.
If HHA is unable to reach a family based on the contact information provided, the family’s application for housing assistance will be withdrawn from the waiting list(s).
4.9 CHANGE IN THE HEAD OF HOUSEHOLD WHILE ON THE WAITING LIST
If the original head of household changes (i.e. the HOH leaves the family or there is a switch in HOH) while the family is on the waiting list, the family must complete an update to the application and identify the new head of household. HHA will allow the family to keep their initial date and time of application if the new head of household is the spouse or co-head identified in the initial application. If the new head of household is anyone other than the spouse or co-head listed on the initial application, the family must submit a new application - if the waiting list is open, and they will be given a new date and time of application. HHA may make exceptions to this policy and will evaluate exceptions on a case by case basis.
The head of household and/or co-head may not be removed from the application without each other’s mutual consent. Both the head of household and co-head may add or remove household members from the application. If there is no agreement between the head of household and co- head regarding removal of one of their names from the application, HHA will determine who retains the application based on policies on FAMILY BREAK-UP OR SPLIT HOUSEHOLDS WHILE ON THE WAITING LIST.
4.10 FAMILY BREAK-UP OR SPLIT HOUSEHOLDS WHILE ON THE WAITING LIST
When a family on the waiting list breaks up into two otherwise eligible families, only one of the new families may retain the original application date. Other former family members may make a new application with a new application date, if the waiting list is open.
In the absence of a judicial decision, or an agreement among the original family members, the original head of household will retain the application date. Exceptions to the policy will be made on a case-by-case basis and may include consideration of the following factors:
The interest of any minor children, including custody arrangements,
The interest of any ill, elderly, or disabled family members,
The interest of a family member who is the victim of domestic violence, dating violence, sexual assault, or stalking, including a family member who was forced to leave an assisted unit as a result of such actual or threatened abuse;
Any possible risks to family members as a result of criminal activity; and
The recommendations of social service professionals.
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4.11 UPDATING THE WAITING LIST
In order to have an adequate number of families on the waiting list(s), it is necessary to have current and updated waiting list(s). HHA will review the waiting list(s) on a regular basis to determine if an update and purge are necessary. If an update is needed, HHA will notify the families, at the time of the update, of the method and time frames to be used to update the waiting list. The family’s response must be submitted in the time frame and format required by HHA.
Eligible applicants who respond timely and completely will be maintained on the waiting list(s). Applicants who do not respond timely and completely to any update request will be withdrawn (or purged) from the waiting list(s) without further notice. If the applicant did not respond to a HHA request for information or updates because of the family member’s disability, HHA will reinstate the applicant family to their former position on the waiting list
If a notice is returned by the post office, with no forwarding address, the applicant will be withdrawn from the waiting list. HHA will send a notice of withdrawal
If the notice is returned by the post office with a forwarding address, the notice will be re-sent to the address indicated.
If a family is removed from the waiting list for failure to respond, the Executive Director or his designee may reinstate the family if s/he determines the lack of response was due to HHA error, or to circumstances beyond the family’s control.
4.12 REMOVAL FROM THE WAITING LIST If at any time an applicant family is on the waiting list, HHA determines that the family is not eligible for assistance, the family will be removed from the waiting list.
The decision to withdraw an applicant family that includes a person with disabilities from the waiting list is subject to reasonable accommodation.
If a family is removed from the waiting list because HHA has determined the family is not eligible for assistance, a notice will be sent to the family’s address of record as well as to any alternate address provided on the initial application. The notice will state the reasons the family was removed from the waiting and will inform the family how to request an informal hearing of HHA’s decision, see chapter on INFORMAL HEARINGS FOR APPLICANTS and INFORMAL HEARING: NON-CITIZENS
4.13 TENANT SELECTION
Families on the waiting list will be selected for assistance in accordance with the policies described in this part.
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The order in which families receive assistance from the waiting list depends on the selection method chosen by HHA and is impacted in part by any selection preferences that the family qualifies for. The source of public housing funding also may affect the order in which families are selected from the waiting list.
HHA will maintain a clear record of all information required to verify that the family is selected from the waiting list according to HHA’s selection policies.
4.14 SPECIAL ADMISSIONS HUD may award funding for specifically-named families living in specified types of units [e.g., a family that is displaced by demolition of public housing; a non-purchasing family residing in a HOPE 1 or 2 projects]. In these cases, HHA may admit families that are not on the waiting list, or without considering the family’s position on the waiting list. HHA will maintain records showing that such families were admitted with special program funding.
HHA may admit a family to the Public Housing Program when a law enforcement organization presents compelling written justification for the admission, see policies on REQUESTS BY LAW ENFORCEMENT ORGANIZATIONS.
4.15 TARGETED FUNDING HUD may award HHA funding for a specified category of families on the waiting list. HHA will use this funding only to assist the families within the specified category. Within this category of families, the order in which such families are assisted is determined according to the policies in this ACOP.
Designated Developments HHA has developed a designated housing plan for elderly individuals at Falcetti Towers.
At this development, HHA will offer available units first to individuals age 62 years and older. If there are no elderly households on the waiting list, HHA will next offer available units to near- elderly families (Head, co-head or spouse is 50 through 61 years of age). If there are no near elderly families on the waiting list, HHA will offer available units to disabled applicants under the age of 50.
Churchill Homes Site Based Waiting List
Winn Management manages a site based waiting list for Churchill Homes. Applicants may apply at HHA, and HHA will forward applications to Winn Management. Winn Management will utilize the approved tenant selection plan for the Churchill Homes development.
4.16 HANDICAPPED-ACCESSIBLE UNITS A handicapped accessible unit will first be offered to families who will benefit from the accessible features. If there are no applicants on the waiting list who require accessible features, HHA will offer the accessible unit to an applicant who does not require accessible features, provided that he/she agrees in writing to transfer to a different unit at the family’s expense, if a
ACOP: APPLICATION, WAITING LIST & TENANT SELECTION 4-7 family requiring an accessible unit needs the unit. HHA will provide a 30-day notice to any family required to transfer.
4.17 DECONCENTRATION OF POVERTY AND INCOME-MIXING
HHA will annually monitor the income levels of households residing in HHA housing and on the Waiting List to assess its progress in attaining the deconcentration and income mixing goals. Annually, HHA will assess the income make-up of the resident population at all of its developments. HHA will make adjustments to its plan based on the progress made as demonstrated by the annual assessments. On an as needed basis, HHA may implement the following policies to address deconcentration:
Provide incentives to encourage families to accept units in developments where their income level is needed, including rent incentives, affirmative marketing plans, or added amenities;
Target investment and capital improvements toward developments with a low average income to encourage higher income families; or Skip a family on the waiting list to reach another family in an effort to further the goals of deconcentration.
4.18 SELECTION METHOD
Families will be selected from the waiting list based on the targeted funding, special housing initiatives, special preferences for which they qualify, income targeting requirements, and date and time of application
4.18.1 LOCAL PREFERENCES HHA will require that the claimed preference for which an applicant is chosen from the waiting list be verified to confirm the preference existed on the date of the application and the date of screening and final eligibility.
Where a working preference is applied, working is defined as employment of at least 20 hours per week by the head of household, spouse or sole household member. As required by HUD, families where the head and spouse, or sole member is a person age 62 or older, or is a person with disabilities, will also be given the benefit of the working preference.
Where a resident preference is applied, a resident is a family that resides anywhere in the City of Holyoke including families with a member who works or has been hired to work in the City of Holyoke.
Where a veteran preference is applied, a veteran is a person who has served in the active military or naval service of the United States at any time and who shall have been discharged or released therefrom under conditions other than dishonorable.
HHA offers the following preferences:
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1. Holyoke Resident Working Veteran
2. Holyoke Resident Working – includes Elderly and Disabled
3. Holyoke Resident Veteran
4. Holyoke Resident
5. Non-Resident Working Veteran
6. Non-Resident Working – includes Non-Resident Elderly and Disabled
7. Non-Resident Veteran
8. Non-Resident
4.18.2 INCOME TARGETING REQUIREMENT
HHA will ensure that extremely low-income (ELI) families make up at least 40 percent of the families admitted to public housing during the HHA’s fiscal year. ELI families are those with annual incomes at or below the federal poverty level or 30 percent of the area median income, whichever number is higher. Additionally, HHA will ensure that at least 75 percent of the families assisted are very low-income families.
4.18.3 ORDER OF SELECTION HHA will select applicants by the date and time of receipt of the application within the local preference category. All applicants who are not eligible for the local preference will be considered standard applicants and will be selected from the existing waiting list by the date and time of receipt of the application.
Families that qualify for a specified category of program funding [targeted funding] may be selected from the waiting list ahead of higher placed families that do not qualify for the targeted funding. However, for any targeted funding category, an applicant will be selected according to the date and time that the completed application is received within the local preference category. Documentation will be maintained by HHA as to whether families on the list qualify for and are interested in targeted funding. HHA will document when a person on the waiting list is not qualified or is not interested in targeted funding. In such cases that HHA is not required to screen that applicant for the targeted funding again.
4.19 NOTIFICATION OF SELECTION
When a family has been selected from the waiting list, HHA will notify the family
HHA will notify the family by first class mail when it is selected from the waiting list. The notice will inform the family of the following:
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Date, time, and location of the scheduled application interview, including any procedures for rescheduling the interview;
Who is required to attend the interview;
Documents that must be provided at the interview to document the legal identity of household members, including information about what constitutes acceptable documentation;
Other documents and information that should be brought to the interview;
If a notification letter is returned to HHA with no forwarding address, the family will be removed from the waiting list. A notice of denial will be sent to the family’s address of record, as well as to any known alternate address.
If the notice is returned by the post office with a forwarding address, the notice will be re-sent to the address indicated. The family will have 10 business days to respond from the date the letter was re-sent. If the family fails to respond within this time frame, the family will be removed from the Waiting List without further notice.
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CHAPTER 5: ELIGIBILITY
5.1 OVERVIEW
Every individual and family admitted to the public housing program must meet all program eligibility requirements. This includes any individual approved to join a family after the family has been admitted to the program. Families must provide any information needed by HHA to confirm eligibility and determine the level of the family’s assistance.
HHA will consider the following when determining eligibility and suitability for the public housing program:
The applicant family must:
Qualify as a family as defined by HHA;
Have income at or below specified income limits;
Qualify on the basis of citizenship or the eligible immigrant status of family members;
Provide Social Security Number information for all family members as required;
Consent to HHA’s collection and use of family information as provided for in HHA-provided consent forms; and
Provide all required documents.
HHA will determine that the current or past behavior of household members does not include activities that are prohibited by HHA.
If a family is deemed ineligible or unsuitable for admission, the family will be removed from the waiting list.
5.2 DEFINITIONS
5.2.1 FAMILY AND HOUSEHOLD
Family - Applicants must qualify as a “Family” as defined in 24 CFR part 5.403. 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; or
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person, or any other single person; or
A group of persons residing together, and such group includes, but is not limited to:
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);
An elderly family;
A near-elderly family;
A disabled family;
A displaced family; and
The remaining member of a tenant family.
Gender Identity means actual or perceived gender characteristics.
Sexual Orientation means homosexuality, heterosexuality, or bisexuality.
Each family must identify the individuals to be included in the household at the time of application, and must update this information if the family’s composition changes.
Household Household is a broader term that includes additional people who, with HHA’s permission, live in a public housing unit, such as live-in aides, foster children, and foster adults.
5.2.2 HEAD OF HOUSEHOLD
Head of household means the adult member of the family who is considered the head for purposes of determining income eligibility and rent. The head of household is responsible for ensuring that the family fulfills all of its responsibilities under the program, alone or in conjunction with a co-head.
The family may designate any qualified family member as the head of household. The head of household must have the legal capacity to enter into a lease under state and local law. A minor who is emancipated under state law may be designated as head of household.
5.2.3 SPOUSE, CO-HEAD AND OTHER ADULT
A family may have a spouse or co-head, but not both. Spouse means the marriage partner of the head of household.
A marriage partner includes the partner in a "common law" marriage as defined in state law. The term “spouse” does not apply to friends, roommates, or significant others who are not
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marriage partners. A minor who is emancipated under state law may be designated as a spouse.
A co-head is an individual in the household who is equally responsible with the head of household for ensuring that the family fulfills all of its responsibilities under the program, but who is not a spouse. A family can have only one co-head. Minors who are emancipated under state law may be designated as a co-head.
Other adult means a family member, other than the head, spouse, or co-head, who is 18 years of age or older. Foster adults and live-in aides are not considered other adults.
5.2.4 INTERDEPENDENT RELATIONSHIP OR DOMESTIC PARTNERSHIP
To claim an interdependent relationship or domestic partnership, individuals must demonstrate and certify that each individual’s income and other resources will be available to meet the needs of the family and that the family otherwise comprises a "housekeeping unit," meaning the individuals share expenses, household chores, household shopping responsibilities, and other common household activities. An interdependent relationship/domestic partnership may exist regardless of actual or perceived sexual orientation, gender identity, or marital status.
An interdependent relationship or domestic partnership is defined as a committed relationship between two adults, in which the partners:
Maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle);
Are at least 18 years of age and mentally competent to consent to contract;
Share responsibility for a significant measure of each other’s financial obligations;
Are not the domestic partner of anyone else;
Are willing to certify, if required by the agency, that they understand that willful falsification of any documentation required to establish that an individual is in a domestic partnership may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification,
5.2.5 DEPENDENT
A dependent is a family member who is:
Either under 18 years of age;
A person of any age who is a person with a disability; or
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A full-time student.
The following persons can never be dependents:
The head of household;
Spouse;
Co-head;
Foster children;
Foster adults; and
Live-in aides.
5.2.6 FULL-TIME STUDENT
A full-time student (FTS) is a person who is attending school or vocational training on a full- time basis (carrying a subject load that is considered full-time for day students under the standards and practices of the educational institution attended).
5.2.7 ELDERLY PERSONS
An elderly person is a person who is at least 62 years of age.
5.2.8 NEAR-ELDERLY PERSONS
A near-elderly person is a person who is at least 50 years of age but below the age of 62.
5.2.9 ELDERLY FAMILY
An elderly family is one in which the head, spouse, co-head, or sole member is an elderly person. Identifying elderly families is important because these families qualify for special deductions from income.
5.2.10 PERSONS WITH DISABILITIES AND DISABLED FAMILY
Persons with Disabilities: Under the public housing program, special accommodations are available to persons with disabilities and to any family whose head, spouse, or co-head is a person with disabilities. A person with disabilities is someone who has a mental or physical impairment that substantially limits one or more major life activities; has a record of such impairment, or is regarded as having such impairment. The term does not include any individual who is an alcohol or drug user whose current use of alcohol or drugs prevents the individual from participating in the public housing program, or whose participation, by
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reason of the current alcohol or drug abuse, would constitute a threat to property or the safety of others.
Disabled Family: A disabled family is one in which the head, spouse, or co-head is a person with disabilities.
5.2.11 GUESTS
A guest is a person temporarily staying in the unit with the consent of a member of the household who has express or implied authority to so consent. A guest may remain in the public housing unit no longer than 30 consecutive days or a total of 90 cumulative calendar days during any 12 month period.
A child who is subject to a joint custody arrangement or for whom a family has visitation privileges, who is not included as a family member because he/she lives outside of the household more than 50 percent of the time, are not subject to the time limitations of guests as described above.
A family may request an exception to this policy for valid reasons [e.g., care of a relative recovering from a medical procedure that is expected to last 40 consecutive days]. An exception will not be made unless the family can identify and provide documentation of the residence to which the guest will return.
5.2.12 MULTIPLE FAMILIES IN THE SAME HOUSEHOLD
When a family that consists of two families living together applies, such as a mother and father, and a daughter with her own husband or children, if they apply as a family unit, they will be treated as a family unit.
5.2.13 FOSTER CHILDREN AND FOSTER ADULTS
A foster child is a child who is in the legal guardianship or custody of a State, county, or private adoption or foster care agency, yet is cared for by foster parents in their own homes, under some kind of short- or long-term foster care arrangement with the custodial agency.
A foster adult is usually a person with disabilities, unrelated to the tenant family, who is unable to live alone.
Foster children and foster adults who are living with an applicant or assisted family are considered household members, but not family members. Foster children/adults do not qualify for a dependent deduction. (See polices on INCOME OF FOSTER CHILDREN AND FOSTER ADULTS)
HHA will not approve the addition of a foster child or foster adult if it will result in the need for a larger unit, according to HHA occupancy standards or a violation of HQS space standards.
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5.2.14 LIVE-IN AIDE
Live-in aide means a person who resides with one or more elderly persons or persons with disabilities, and who:
Is determined to be essential to the care and well-being of the persons;
Is not obligated for the support of the persons; and
Would not be living in the unit except to provide the necessary supportive services.
HHA will approve a live-in aide if needed as a reasonable accommodation, to make the program accessible to and usable by the family member with disabilities.
A live-in aide is a member of the household, not the family, and the income of the aide is not considered in income calculations. Relatives may be approved as live-in aides if they meet all of the criteria defining a live-in aide. However, a relative who serves as a live-in aide is not considered a family member and would not be considered a remaining member of a tenant family.
A family’s request for a live-in aide must be made in writing. Written verification will be required from a reliable, knowledgeable professional, such as a doctor, social worker, or case worker, that the live-in aide is essential for the care and well-being of the elderly or disabled family member. HHA may request additional documentation from the knowledgeable provider in order to determine the outcome of the request for a live-in aide.
The family and live-in aide will be required to submit a certification stating that the live-in aide is (1) not obligated for the support of the person(s) needing the care, and (2) would not be living in the unit except to provide the necessary supportive services.
If approved as part of a reasonable accommodation, HHA will only allow family members of live-in aides to reside in the unit if the addition of the live-in aide’s family members does not result in an under housed situation as determined by HHA’s subsidy standards. For example if a live-in aide has a daughter, the live-in aide’s daughter may reside in the unit, provided the daughter shares the bedroom with her mother or another household member.
HHA will apply the same screening criteria used for determining initial and continued eligibility/suitability for applicants and tenants when determining approval/disapproval of a particular person as a live-in aide. These criteria include, but are not limited to, disapproval of admission if the person:
Committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program;
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Is subject to a lifetime registration requirement under a State Sex offender registration program;
Committed drug-related criminal activity or violent criminal activity; or
Currently owes rent or other amounts to HHA or to another HHA in connection with Section 8 or public housing assistance under the 1937 Act.
Live-in aides who are unauthorized occupants in the unit will not be considered. HHA will review and approve a request for a live-in aide but will not allow an unauthorized occupant in the unit to be the live-in aide.
5.2.15 VETERAN
A veteran is a person who served in the active military (Army, Navy, Air Force, Marines or Coast Guard, Reservists and/or National Guard) and who was discharged or released from such service under conditions other than dishonorable. HHA may request discharge documentation to verify honorable discharge.
5.3 JOINT CUSTODY OF CHILDREN
Dependents that are subject to a joint custody arrangement will be considered a member of the family if the dependent lives with the applicant or client family 50 percent (at least 183 days/year) or more of the time. When more than one applicant or assisted family (regardless of program) are claiming the same dependents as family members, the family with primary custody at the time of the admission or recertification will be able to claim the dependents. If there is a dispute about which family should claim them, HHA will make the determination based on available documents which may include but are not limited to court orders, school records and tax returns.
5.4 CARETAKER OF A CHILD
If neither a parent nor a designated guardian of a child remains in a household, HHA will take the following actions:
If a responsible agency has determined that another adult is to be brought into the apartment to care for a child for an indefinite period, the designated caretaker will not be considered a family member until a determination of custody or legal guardianship is made.
If a caretaker has assumed responsibility for a child without the involvement of a responsible agency or formal assignment of custody or legal guardianship, the caretaker will be treated as a visitor for 90 days. After the 90 days has elapsed, the caretaker must provide documentation of a temporary or permanent custody arrangement. If the caretaker will have permanent custody and wishes to be considered a family member, the caretaker will be subject to HHA screening requirements, unless information is provided that would confirm
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that the caretaker’s role is temporary. In such cases, HHA may in its reasonable discretion extend the caretaker’s status as an eligible visitor.
At any time that custody or guardianship has been legally awarded to a caretaker, the lease will be transferred to the caretaker, as head of household, subject to meeting HHA’s eligibility and suitability requirements. The caretaker must provide legal custody papers to verify legal guardianship.
During any period that a caretaker is considered a visitor, the income of the caretaker is not counted in annual income and the caretaker does not qualify the family for any deductions from income.
5.5 INCOME ELIGIBILITY
Income limits are used for eligibility only at admission. Eligibility is established by comparing a family's annual income with HUD’s published income limits. To be income-eligible, a family must be one of the following:
An extremely low-income family – A very low–income family whose income does not exceed the higher of 30 percent of AMI or the poverty level, adjusted for family size.
A very low-income family - a family whose annual income does not exceed 50 percent of the median income for the area, adjusted for family size.
A low-income family – a family whose annual income does not exceed 80 percent of the median income for the area, adjusted for family size.
5.6 CONTINUOUSLY ASSISTED
HHA will consider a family to be continuously assisted if the family was leasing a unit under any MTW or 1937 Housing Act program at the time they were issued a voucher by HHA or if there is a break in assistance under any MTW or 1937 Housing Act program for a period of less than 30 days from the date of the screening appointment with HHA. This policy assumes that the break in assistance is not due to adverse termination and that the applicant has left the prior program in good standing.
5.7 CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS
Housing assistance is available only to individuals who are U.S. citizens, U.S. nationals (herein referred to as citizens and nationals), or non-citizens that have eligible immigration status. At least one family member must be a citizen, national, or non-citizen with eligible immigration status in order for the family to qualify for any level of assistance.
When HHA determines that an applicant family does not include any citizens, nationals, or eligible non-citizens, following the verification process, the family will be sent a written notice
ACOP: ELIGIBILITY 5-8 of ineligibility. The notice will explain the reasons for the denial of assistance, that the family may be eligible for proration of assistance, and will advise the family of its right to request an appeal to the United States Citizenship and Immigration Services (USCIS), or to request an informal grievance hearing with HHA. The informal grievance hearing with HHA may be requested in lieu of the USCIS appeal, or at the conclusion of the USCIS appeal process. The notice will also inform the applicant family that assistance may not be delayed until the conclusion of the USCIS appeal process, but that it may be delayed pending the completion of the grievance informal hearing process.
5.7.1 DECLARATION OF CITIZENSHIP
Each family member must declare whether he/she is a citizen, a national, eligible non-citizen, or an individual who elects not to contend that they have eligible immigration status.
Those who elect not to contend their status are considered to be ineligible non-citizens.
The family must identify in writing any family members who elect not to contend their immigration status.
No declaration is required for live-in aides, foster children, or foster adults.
See VERIFICATION OF U.S. CITIZENSHIP AND OF ELIGIBLE IMMIGRATION STATUS for policies in the Verification chapter.
5.7.2 U.S. CITIZENS AND NATIONALS
Citizens and nationals are required to submit only a signed declaration as verification of their status. Family members who declare citizenship or national status will not be required to provide additional documentation unless HHA receives information indicating that an individual’s declaration may not be accurate.
For citizens, the declaration must be signed personally by the head, spouse, co-head, and any other family member 18 or older, and by a parent or guardian for minors.
5.7.3 ELIGIBLE NON-CITIZEN
In addition to providing a signed declaration, those declaring eligible noncitizen status must provide documentation to confirm the claimed citizenship status and cooperate with HHA efforts to verify their immigration status.
The documentation required for establishing eligible noncitizen status varies depending upon factors such as the date the person entered the U.S., the conditions under which eligible immigration status has been granted, the person’s age, and the date on which the family began receiving HUD-funded assistance.
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Lawful residents of the Marshall Islands, the Federated States of Micronesia, and Palau, together known as the Freely Associated States, or FAS, are eligible for housing assistance under section 141 of the Compacts of Free Association between the U.S. Government and the Governments of the FAS [Public Law 106-504].
5.7.4 INELIGIBLE NON-CITIZENS
Ineligible non-citizens are those non-citizens who do not wish to contend their immigration status. HHA requires that non-citizens sign a certification attesting to their ineligible immigration status. HHA will not verify a family member’s ineligible status and is not required to report an individual’s unlawful presence in the U.S. to the United States Citizenship and Immigration Services (USCIS).
Providing housing assistance to non-citizen students is prohibited. This prohibition extends to the non-citizen spouse of a non-citizen student as well as to minor children who accompany or follow to join the non-citizen student. Such prohibition does not extend to the citizen spouse of a non-citizen student or to the children of the citizen spouse and non-citizen student. Such a family is eligible for prorated assistance as a mixed family.
5.7.5 MIXED FAMILIES
A family is eligible for assistance as long as at least one member is a citizen, national, or eligible non-citizen. Families that include eligible and ineligible individuals are considered mixed families. Assistance to mixed families shall be prorated. Families will receive notice of determination as a mixed family. The notice will include the fact that assistance will be prorated and that the family may request a hearing if they contest this determination.
5.7.6 TIMEFRAME FOR DETERMINATION OF CITIZENSHIP STATUS
For new applicants, HHA will ensure that evidence of eligible citizenship status is submitted no later than the date that HHA completes verification of other aspects of eligibility for assistance.
For new occupants joining the assisted family, HHA will verify citizenship status at the time of the request to add the household member.
Each family member is required to submit evidence of eligible status only one time during continuous occupancy, unless that status changes, at which time evidence of citizenship status will need to be re-submitted. HHA will verify the status of applicants at the time when other eligibility factors are determined.
5.8 SOCIAL SECURITY NUMBERS
The applicant and all members of the applicant’s household who are eligible to receive a SSN (those who contend eligible immigration status and US Citizens), must provide documentation of a valid Social Security Number (SSN) as part of the eligibility determination process.
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Tenants and all tenant household members who are eligible to receive a SSN (those who contend eligible immigration status and US Citizens), must provide documentation of a valid SSN if the tenant/member has:
o Not previously disclosed a SSN;
o Previously disclosed a SSN that HUD or the SSA determined was invalid; or
o Been issued a new SSN.
New household members are required to provide documentation of a valid SSN before approval for occupancy in an existing PH household. See policies on TIME FRAME TO SUBMIT DOCUMENTATION OF SSN
5.8.1 REQUIRED DOCUMENTATION
See policies on VERIFICATION OF SSN.
5.8.2 PERSONS NOT REQUIRED TO PROVIDE DOCUMENTATION OF A VALID SSN
Individuals who do not contend eligible immigration status will NOT have a SSN to disclose. If otherwise eligible to participate in the program, the family should be admitted into the program or continue receiving assistance if at least one family member is a US Citizen or has eligible immigration status. HHA will request an alternate HUD ID number for the household members who do not contend to have eligible immigration status and who are not US citizens/nationals.
Individuals who have previously disclosed a valid SSN; and
Tenants who are 62 years old or older as of January 31, 2010 and who have not previously disclosed a SS number, will not be required to provide documentation of a valid SSN. Exemption applies even upon a move within the program.
5.8.3 TIME FRAME TO SUBMIT DOCUMENTATION OF SSN
Applicants will be required to provide a SSN on the application form. Alternate arrangements will be made for applicants, during the application process, who are not US Citizens or who do not have eligible immigration status.
HHA will request verification of the SS number during screening for eligibility. HHA will defer the eligibility determination for a period of 60 days from the date of the screening appointment for families with members who are eligible to receive a SSN but who have not yet provided verification of their SSN. If after 60 days, required SS number documentation
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is not provided, HHA will deny assistance. See policy exception below on SS numbers for children under the age of 6.
An applicant family with a child under the age of 6 years may become a tenant family, even if the SSN for the child has not been verified at the time of admission. If the SSN has still not been verified at the end of the initial 90-day period, HHA will determine whether a 90-day extension is merited. If it is not merited, the family will be subject to the penalties for failure to disclose a SSN. If a 90-day extension is merited, HHA will verify the SSN for the child by the end of the 90-day extension period or follow the policies related to penalties for failure to disclose a SSN.
HHA will provide alternate ID numbers for eligible families that include members who are not US Citizen or do not have eligible immigration status.
Participants who contend eligible immigration status and who have not previously disclosed a valid SSN must do so at their next scheduled or interim recertification within 90 days of HHA’s request. HHA may grant an additional 90-day period, if there are unforeseen circumstances beyond the family’s control that prevent the family from complying with the SSN requirements or there is a reasonable likelihood that the participant will be able to disclose a SSN by the deadline.
If a proposed new household member is an adult, HHA will not approve addition of the adult to the household until SSN documentation has been provided.
If the proposed new member of an existing household is a minor child under the age of 6 and has no SSN documentation, HHA will allow the child to be added to the household; however SSN documentation must be provided within 90 days of the child being added to the household. HHA, at its own discretion, may give an additional 90 days if HHA determines that the participant’s failure to comply was due to circumstances that could not have reasonably been foreseen and were outside the control of the participant. During the period that HHA is awaiting documentation; the child shall be included as part of the tenant household and the child shall be entitled to all the benefits of being a household member. If upon expiration of the provided time period, including any extensions, the tenant fails to produce a SSN for the child, the family will be subject to the penalties for failure to disclose a SSN.
5.8.4 PENALTIES FOR FAILURE TO DISCLOSE SSN
Applicants: Denial of placement on the waiting list.
Denial of eligibility
Termination of assistance (for households who were admitted and failed to provide SSN documentation for a family member under 6 years of age)
ACOP: ELIGIBILITY 5-12
Tenants: Lease termination
5.9 PHOTO ID
To ensure HHA has the ability to identify all persons 18 years of age or older (not just the head of household), all adult household members will be required to provide a current, government issued identification at admission, upon addition to a public housing household or upon turning 18. For example, if a household member turns 18 between regular recertifications, he or she must provide a government issued photo identification at the household’s next regular recertification.
HHA reserves the right to request an updated photo ID after admission to the program to confirm legal identity.
As an accommodation for individuals with disabilities and elderly individuals, as well as for individuals with religious considerations, with prior HHA approval, HHA may accept other forms of identification to establish identity.
5.10 REQUIRED DOCUMENTS
Applicants must provide birth certificates/proof of age/proof of birth for all household members. The family must supply any other information that HHA or HUD determines necessary to the administration of the program.
5.11 FAMILY CONSENT TO RELEASE INFORMATION
HUD requires each adult family member and the head of household, spouse, or co-head, regardless of age, to sign form HUD-9886, Authorization for the Release of Information/Privacy Act Notice or comparable form authorized by HUD. Additionally, family are required to sign other HHA consent forms as needed to collect information relevant to the family’s eligibility and level of assistance. HHA will deny admission to the program if any member of the applicant family fails to sign and submit the consent forms which allow HHA to obtain information that HHA has determined necessary in the administration of the public housing program.
5.12 HOUSEHOLD MEMBER TURNING 18 BETWEEN ELIGIBILITY AND LEASE UP
Income & Deductions When a family member will turn 18 between the date of eligibility and on or before the effective date of initial lease-up, HHA will include the family member’s income in the calculation of annual income. For example, HHA completes an eligibility determination on November 1st. One of the family members is 17 at the time of screening and eligibility determination; however, the family has a lease effective date of December 15th and this individual turns 18 on November 17th. HHA will then calculate the income of that family member as if he/she was an adult, since the family member will be 18 by the effective date of the lease. Deductions will also be applied as if the family member was an adult. For example, a family member who is 17 at the time of
ACOP: ELIGIBILITY 5-13 eligibility determination, but 18 on the lease effective date, will NOT be given a dependent deduction unless that family member is a full time student or disabled.
Release Forms When a family member will turn 18 between the date of eligibility determination, but on or before the effective date of lease-up, HHA will have a parent/legal guardian sign any consent/release forms on behalf of that household member in order to authorize HHA to obtain their income verification and count applicable income.
Criminal Background Check When a family member will turn 18 between the date of eligibility determination, but on or before the effective date of lease-up, HHA will have a parent/legal guardian sign the consent for criminal background check on behalf of that household member in order to authorize HHA’s criminal background check.
5.13 ELIGIBILITY INTERVIEW
Families selected from a waiting list(s) are required to participate in an eligibility interview.
If the family is unable to attend a scheduled interview, the family should contact HHA in advance of the interview to schedule a new appointment. If a family does not attend a scheduled interview, HHA will schedule a second (2nd) interview. If the family does not attend the 2nd scheduled interview, the family will be withdrawn from the waiting list(s). HHA will send a withdrawal notice. Such failure to act on the part of the applicant prevents HHA from making an eligibility determination; therefore, HHA will not offer an informal hearing.
All family members aged 18 and older are required to attend the eligibility interview. Verification of information pertaining to adult members of the family not present at the interview will not begin until signed release forms are returned to HHA.
HHA will have documentation that substantiates why an applicant has been selected for eligibility determination.
When applicable, selection criteria will be verified in accordance with the verification policy of this ACOP. If the basis for selection cannot be verified, the applicant will be returned to the waiting list, without the claimed selection criteria, retaining the same date and time of application.
The family must provide the information necessary to establish the family’s eligibility, including suitability, and to determine the appropriate amount of rent the family will pay. The family must also complete required forms, provide required signatures, and submit required documentation. All members of the household who are 18 years or older are required to sign the HUD Release of Information form or other release form acceptable to HUD, HHA’s release of information form related to Police Record Check, the Declaration of Citizenship form and any other documents or forms required by HHA. In addition, applicants will be required to sign verification forms necessary to solicit income, family information, and utilities information. When a household member will turn 18 between the date of eligibility determination, but on or
ACOP: ELIGIBILITY 5-14 before the effective date of lease-up, HHA will have a parent/legal guardian sign any consent/release forms on behalf of that family member in order to authorize HHA to obtain their income verification and count applicable income.
Any required documents or information that the family is unable to provide at the time of the interview must be provided within five (5) business days from the date of the request. If the family is unable to obtain the information or materials within the required time frame, HHA may provide a reasonable extension as necessary. Applicants who fail to provide the required information within HHA established time frames (including any allowed extensions) will be withdrawn from the waiting list(s) based on the family’s failure to supply information needed to determine eligibility. HHA will send the applicant a withdrawal notice. Such failure to act on the part of the applicant prevents HHA from making an eligibility determination; therefore, HHA will not offer an informal hearing.
An advocate, interpreter, or other assistant may assist the family with the application and the interview process.
Interviews will be conducted in English. For Limited English Proficiency (LEP) applicants, HHA will provide translation services in accordance with HHA’s LEP plan as found in this ACOP.
5.14 APPLICANT SCREENING
HHA conducts applicant screening to evaluate the eligibility and suitability of families who apply to the public housing program. HHA may deny assistance to an applicant based on the screening of applicants for family behavior or suitability for tenancy.
Debt, criminal background and sex offender and past and current behavior screening policies include basic screening information, reasons for mandatory and non-mandatory denial and mitigating factors. Mitigating factors will be considered for certain screening outcomes. Upon consideration of mitigating factors, HHA may, on a case-by-case basis, decide not to deny assistance. Director/Manager review and approval is required when admission is based on mitigating factors. Where mandatory and non-mandatory denials are discussed in this chapter, the denial is related to admission to the Public Housing Program.
Families are provided an opportunity to explain circumstances and/or provide additional information when appropriate. HHA provides applicants an explanation of the basis for any decision made by HHA pertaining to the applicant’s eligibility or suitability for tenancy.
If a tenant is terminated and re-applies, the applicant (former tenant) will be subject to all HHA required screening elements to determine eligibility and suitability for the program.
5.15 EIV EXISTING AND FORMER TENANT SEARCH
HHA will conduct EIV screening for new applicants. An EIV Existing Tenant Search will be conducted on minor and adult members of an applicant household and when adding an adult or minor to an existing household.
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HHA will discuss with the applicant if the EIV Existing Tenant Search identifies that the applicant or a member of the applicant’s household is residing at another federally subsidized housing location, giving the applicant the opportunity to explain any circumstances relative to his/her being assisted at another location.
HHA will follow up with the respective public housing agency or owner to confirm the individual’s program participation status before admission, if necessary, depending on the outcome of the discussion with the applicant.
HHA will retain the search results with the application along with any documentation obtained as a result of contact with the applicant and HHA and/or owner at the other location.
An EIV Former Tenant Search will be conducted on adult members of an applicant household and when adding an adult to an existing household. HHA will follow its policies on denial and termination of assistance when reviewing and acting on results of the EIV Former Tenant Search.
5.16 SCREENING FOR SUITABILITY AS A TENANT
HHA will consider the family’s history with respect to the following factors:
Payment of rent and utilities;
Caring for a unit and premises;
Respecting the rights of other tenants to the peaceful enjoyment of their housing;
Criminal activity that is a threat to the health, safety, or property of others;
Behavior of all household members as related to the grounds for denial as detailed in this chapter; and
Compliance with any other essential conditions of tenancy.
5.16.1 RESOURCES USED TO CHECK APPLICANT SUITABILITY
HHA will use a variety of resources to determine the suitability of applicants. Generally, HHA will reject applicants who have recent behavior that would warrant lease termination for a PH tenant.
In order to determine the suitability of applicants, HHA will examine applicant history. Such background checks will include:
Past performance in meeting financial obligations, especially rent:
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o PHA and landlord references for the past five (5) years, gathering information about past performance meeting rental obligations such as rent payment record, late payment record, whether PHA/landlord ever began or completed lease termination for non-payment, and whether utilities were ever disconnected in the unit. PHAs and landlords will be asked if they would rent to the applicant family again;
o Utility company references covering the monthly amount of utilities, late payment, disconnection, return of a utility deposit and whether the applicant can get utilities turned on in his/her name. Use of this inquiry will be reserved for applicants applying for units where there are tenant-paid utilities;
o Credit reports and court records for civil judgments occurring within the past five (5) years. A lack of credit history will not disqualify someone from becoming a PH tenant, but a poor credit rating may;
o If previous landlords or the utility company do not respond to requests from HHA, the applicant may provide other documentation that demonstrates their ability to meet financial obligations (e.g. rent receipts, cancelled checks, etc.).
Disturbances to neighbors, destruction of property, or living or housekeeping habits at prior residences that may adversely affect the health, safety, or welfare of other tenants, or cause damage to the unit or development:
o PHA and landlord references for the past five (5) years, gathering information on whether the applicant kept a unit clean, safe and sanitary; whether they violated health or safety codes; whether any damage was done by the applicant to a current or previous unit or the development, and, if so, how much the repair of the damage cost; whether the applicant’s housekeeping caused insect or rodent infestation; and whether the neighbors complained about the applicant or whether the police were ever called because of disturbances;
o Police and court records within the past three (3) years will be used to check for any evidence of disturbance to neighbors or destruction of property that might have resulted in arrest or conviction;
5.17 CREDIT HISTORY SCREENING
HHA will conduct a credit check on the head of household and co-head, if applicable. Among other things, HHA will consider the applicant’s utility bill history, monetary judgments, and rental history. If an applicant is denied admission due to the credit history screening, HHA will advise the applicant in writing of the denial and state the reason
Credit screening records will be destroyed, once the purpose(s) for which the record was requested has been accomplished, including expiration of the period for filing a challenge to a PHA action without institution of a challenge or final disposition of any such litigation.
ACOP: ELIGIBILITY 5-17
5.18 DEBT SCREENING
HHA will conduct debt screening on all members 18 years old or older, including EIV and HHA debt screening.
EIV debt screening for prior debts incurred during previous participation in a federally assisted housing program will be conducted at the time of eligibility screening. HHA may also use the EIV Former Tenant Search to identify outstanding debts.
For purposes of this section, “current” means amounts owed to HHA during the last 4 years or such other period for which the statute of limitations has not tolled in Holyoke or other applicable jurisdiction. For example, if an applicant’s participation in an assisted program was ended in 2007 due to debts owed, and the applicant never repaid such amounts and applies for the Public Housing program in 2011, then a “current” debt is owed. If the applicant’s participation in an assisted program ended in 1985 for the same reason, that debt could not be considered “current” unless applicable law permitted.
HHA will consider debt that is not “current” (as defined above) as part of a history of non- payment and may deny admission to a household if there is other evidence of a history of non- payment and/or other eligibility factors, when taken as whole, that render a household ineligible for admission.
Debt that is considered “current” must be paid in full within 15 business days of screening.
5.18.1 MANDATORY DENIAL
HHA will deny assistance to a family:
If the family has current debt to HHA for amounts paid to an owner under a HAP contract for rent, amounts owed under the lease, damages to the unit or other amounts owed by the family to HHA and the amount is not fully repaid within 90 calendar days from the date of the screening appointment;
If the family has current debt to another PHA or judgment against them in connection with Section 8 or public housing assistance under the 1937 Act for amounts paid to an owner under a HAP contract for rent, damages to the unit or other amounts owed by the family under the lease and the amount is not fully repaid within 90 calendar days from the date of the screening appointment;
If the family has breached a repayment agreement with HHA or another PHA in connection with Section 8 or public housing assistance under the 1937 Act, and the amount is not fully repaid within 90 calendar days from the date of the screening appointment.
Mitigating Factors
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Manager/Director review and approval is required when admission is based on mitigating factors. HHA may consider the following factors when considering denial of assistance related to debt screening:
The seriousness of the case, especially with respect to how it would affect other residents.
The effects that denial of assistance may have on other members of the family who were not involved in the action or failure.
Circumstances which led to the creation of the debt, i.e. death of a household member, economy-related layoff.
Current financial circumstances.
The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities, or a victim of domestic violence, dating violence, or stalking.
The length of time since the debt was incurred, the family’s recent history and the likelihood of favorable conduct in the future.
Evidence of the family’s participation in or willingness to participate in social service or other appropriate counseling service programs.
Removal of the culpable family member from the application. In such instances, the head of household must certify that the family member will not be permitted to visit or to stay as a guest in the assisted unit.
5.19 CRIMINAL BACKGROUND SCREENING
It is HHA’s policy to conduct screening for drug abuse and other criminal activity in an effort to prevent future drug-related and other criminal activity, as well as other patterns of behavior that pose a threat to the health, safety or right to peaceful enjoyment of the premises by other residents, and as required by HUD. In conducting screening, HHA will comply with all applicable civil rights requirements contained in the Fair Housing Act, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act and Titles II and II of the Americans with Disabilities Act of 1990 and other equal opportunity provisions listed in 24 CFR 5.105. Such screening will apply to any member of the household who is 18 years of age or older, including live-in aides.
HHA will ensure that adverse housing decisions based upon criminal activity are supported by sufficient evidence that the individual engaged in such activity. HHA uses convictions, not arrest records, to determine that an individual has engaged in criminal activity. HHA may deny admission based upon the conduct underlying an arrest if the conduct indicates that the individual is not suitable for tenancy and HHA has sufficient evidence other than the fact of arrest that the individual engaged in the conduct. The conduct, not the arrest, will be the relevant
ACOP: ELIGIBILITY 5-19 factor for admissions and tenancy determination. Reliable evidence of a conviction may be the basis for determining that disqualifying conduct occurred.
HHA may use other evidence such as police reports detailing the circumstances of the arrest, witness statements and other relevant documentation to assist in making a determination that disqualifying conduct occurred.
HHA will conduct criminal background checks at admission, when an adult is proposed to be added to the household, and when an existing minor household member turns 18. Additionally, HHA reserves the right to conduct criminal background checks at other times to ensure that clients are not engaging in or have engaged in certain criminal activities.
When an existing household member turns 18 during the recertification period, HHA will conduct a criminal background check at the next regular recertification after the household member turns 18.
The criminal background check may be made through state and/or local law enforcement agencies, or through an on-line service. In cases where a family has lived outside HHA’s jurisdiction for the last three years, the applicant must provide HHA with a criminal background check supplied by the local police department in the applicant’s former jurisdiction.
Families are provided an opportunity to dispute the accuracy and relevance of a criminal record before admission or assistance is denied on the basis of such record. HHA provides applicants an explanation of the basis for any decision made by HHA pertaining to the applicant’s eligibility. Applicants are provided with an opportunity to request an informal hearing or review after an application of housing assistance is denied.
If HHA proposes to deny assistance based on criminal record information, HHA will notify the household of the proposed action and will make the record available upon request to the applicant. The applicant will have an opportunity to dispute the accuracy and relevance of the information through the informal review process.
If the criminal record check (CRC) identifies a pending criminal investigation, HHA will suspend the eligibility determination until the criminal investigation is completed. HHA will notify the applicant concerning their suspended eligibility status and request that the applicant notify HHA when the investigation is complete, at which time HHA will apply its eligibility and screening policies in making a final eligibility determination. Applicants deemed ineligible as the result of a CRC will have ten (10) business days from receipt of a letter of ineligibility to request an informal hearing.
Criminal record checks will be considered current for a period of one year. If lease up (for new applicants) is not effective within one year from the date the CRC was run, a new CRC will be required.
APPENDIX D: CHART OF OFFENSES – DENIAL OF ADMISSION includes a chart detailing specific drug and criminal offenses and HHA’s time frame for denial based on the timeframe
ACOP: ELIGIBILITY 5-20 between conviction and screening. In making determinations related to eligibility for admission to the program, HHA will use the criminal background screening policies in concert with this policy.
5.19.1 MANDATORY DENIAL – CRIMINAL BACKGROUND SCREENING
HHA will deny assistance related to criminal background screening as a result of one of the following.
Any household member has been convicted of drug-related criminal activity for the production or manufacture of methamphetamine on the premises of federally assisted housing. Drug-related criminal activity is defined as the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug.
Any household member has been convicted of a homicide-related offense, i.e. the killing of one human being by another. This includes murder, manslaughter (voluntary or involuntary), and conspiracy to commit murder. Mandatory denial is required if the homicide related conviction is within the time frames, as described in APPENDIX D.
Mitigating Factors Manager/Director review and approval is required when admission is based on mitigating factors. HHA may consider the following when considering denial of assistance related to criminal background screening:
Removal of the culpable family member from the application. In such instances, the head of household must certify that the family member will not be permitted to visit or to stay as a guest in the assisted unit.
5.19.2 NON-MANDATORY DENIAL –CRIMINAL BACKGROUND SCREENING
Prior to making a final determination on denial of assistance related to criminal background screening, HHA may consider the mitigating factors.
Mitigating Factors Manager/Director review and approval is required when admission is based on mitigating factors. HHA may consider the following factors when considering non-mandatory denial of assistance related to criminal background screening:
If the applicant is an active tenant or graduate in good standing in a HHA approved city, state or federal re-entry program for ex-offenders and is meeting or has met and continues to meet the good standing requirements set forth in the re-entry program.
The seriousness of the case, especially with respect to how it would affect other residents.
ACOP: ELIGIBILITY 5-21
The effects that denial of assistance may have on other members of the family who were not involved in the action or failure.
The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities, or a victim of domestic violence, dating violence, or stalking.
The length of time since the violation occurred, the family’s recent history and the likelihood of favorable conduct in the future.
The level of violence, if any, of the offense for which the applicant was convicted.
Evidence of the family’s participation in or willingness to participate in social service or other appropriate counseling or rehabilitation service programs.
Evidence of work history or history of community volunteer work.
Satisfactory completion of probation.
Removal of the culpable family member from the application. In such instances, the head of household must certify that the family member will not be permitted to visit or to stay as a guest in the assisted unit.
5.20 SEX OFFENDER SCREENING
HHA will perform criminal background checks necessary to determine whether any household member is subject to a lifetime registration requirement under a state sex offender program in Massachusetts, as well as in any other state where a household member is known to have resided.
5.20.1 MANDATORY DENIAL
HHA will deny admission to a family if:
A member of the household is subject to a lifetime registration requirement under a State Sex Offender Registration Program.
Mitigating Factors Manager/Director review and approval is required when admission is based on mitigating factors. HHA may consider the following when considering mandatory denial of assistance related to criminal background sex offender screening:
Removal of the culpable family member from the application. In such instances, the head of household must certify that the family member will not be permitted to visit or to stay as a guest in the assisted unit.
5.21 SCREENING BASED ON PAST OR CURRENT BEHAVIOR
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Arrest records alone will not be used to make a determination of unsuitability. In addition to the criminal background check. HHA may also use the following as evidence of patterns of current and past unsuitable behavior:
Police reports detailing the circumstances of the arrest;
Witness statements;
Criminal background checks for drug-related or violent criminal activity of household members within the past three years;
Any record of evictions for suspected drug-related or violent criminal activity of household members within the past three years; and/or
Other relevant documentation to assist HHA in making a determination that disqualifying conduct occurred.
5.21.1 MANDATORY DENIAL
HHA will deny assistance to a family when:
Any member of the household has been evicted from federally-assisted housing in the last 3 years for drug-related criminal activity.
Any household member is currently engaged in the use of illegal drugs or HHA has reasonable cause to believe that any household member's current use or pattern of use of illegal drugs, or current abuse or pattern of abuse of alcohol, may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents. Currently engaged in, current use of or current abuse is defined as within the previous six months from the date of screening. HHA may obtain information from drug abuse or other treatment entities to determine whether a household member is currently engaging in illegal drug activity or criminal behavior.
Mitigating Factors Manager/Director review and approval is required when admission is based on mitigating factors. HHA may consider the following when considering denial of assistance related to screening for past or current behavior:
The seriousness of the case, especially with respect to how it would affect other residents.
The effects that denial of assistance may have on other members of the family who were not involved in the action or failure.
ACOP: ELIGIBILITY 5-23
The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities, or a victim of domestic violence, dating violence, or stalking.
The length of time since the violation occurred, the family’s recent history and the likelihood of favorable conduct in the future.
Evidence of the family’s participation in or willingness to participate in social service or other appropriate counseling service programs.
Evidence of work history or history of community volunteer work
In the case of drug or alcohol abuse, whether the culpable household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program or has otherwise been rehabilitated successfully. HHA will require the applicant to submit evidence of the household member’s current participation in or successful completion of a supervised drug or alcohol rehabilitation program, or evidence of the household member having been rehabilitated successfully.
The circumstances that led to eviction no longer exist, i.e. the criminal household member has died or is imprisoned.
Removal of the culpable family member from the application. In such instances, the head of household must certify that the family member will not be permitted to visit or to stay as a guest in the assisted unit.
5.21.2 NON-MANDATORY DENIAL
HHA may deny assistance if:
A HHA has ever terminated assistance under the program for any member of the family.
Any family member has been evicted from federally-assisted housing in the last three (3) years for reasons outside of drug related criminal activity.
Any member of the family has committed fraud or bribery or other corrupt or criminal act in connection with any federal housing program.
A family member has engaged in or threatened violent or abusive behavior toward HHA personnel, an owner, contractor, subcontractor or agent of HHA. Abusive or violent behavior includes verbal as well as physical abuse or violence. Use of racial epithets, or other language, written or oral, that is customarily used to intimidate may be considered abusive or violent behavior. Threatening refers to oral or written threats or physical gestures that communicate intent to abuse or commit violence.
ACOP: ELIGIBILITY 5-24
A family member has engaged in or threatened the health, safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity. Immediate vicinity means within a three-block radius of the premises.
Mitigating Factors Manager/Director review and approval is required when admission is based on mitigating factors. HHA may consider the following factors when considering non-mandatory denial of assistance related to screening on past and current behavior:
The seriousness of the case, especially with respect to how it would affect other residents.
The effects that denial of assistance may have on other members of the family who were not involved in the action or failure.
The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities, or a victim of domestic violence, dating violence, or stalking.
The length of time since the violation occurred, the family’s recent history and the likelihood of favorable conduct in the future.
Evidence of work history or history of community volunteer work.
Evidence of the family’s participation in or willingness to participate in social service or other appropriate counseling service programs.
The circumstances that led to eviction no longer exist, i.e. the criminal household member has died or is imprisoned.
In the case of drug or alcohol abuse, whether the culpable household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program or has otherwise been rehabilitated successfully. HHA will require the applicant to submit evidence of the household member’s current participation in or successful completion of a supervised drug or alcohol rehabilitation program, or evidence of the household member having been rehabilitated successfully
Removal of the culpable family member from the application. In such instances, the head of household must certify that the family member will not be permitted to visit or to stay as a guest in the assisted unit.
5.21.3 REASONABLE ACCOMMODATION
If the family indicates that the behavior of a family member with a disability is the reason for the proposed denial of admission, HHA may determine whether the behavior is related to the disability. If so, upon the family’s request, HHA will determine whether alternative measures are appropriate as a reasonable accommodation. HHA will only consider accommodations that can
ACOP: ELIGIBILITY 5-25 reasonably be expected to address the behavior that is the basis of the proposed denial of assistance. See discussion of HHA consideration of reasonable accommodations as outlined in this ACOP.
5.22 FINAL ELIGIBILITY DETERMINATION
Based on verified information, HHA will make a final determination of eligibility and will confirm that the family qualified for any targeted admission or selection preference, where applicable, that affected the order in which the family was selected from the waiting list.
If HHA determines that the family is ineligible, HHA will send written notification of the ineligibility determination. The notice will specify the reasons for ineligibility, and will inform the family of their right to request an informal hearing.
If a family fails to qualify for any criteria that affected the order in which it was selected from the waiting list (i.e., targeted funding, extremely low-income), the family will be returned to its original position on the waiting list. HHA will notify the family in writing that it has been returned to the waiting list, and will specify the reasons for returning the family to the waiting list.
If HHA determines that the family is eligible to receive assistance, HHA will place the family’s name in the Ready Pool according to date and time of application.
5.23 NOTICE OF ELIGIBILITY OR DENIAL
If HHA determines that a family is not eligible for the program for any reason, the family will be notified promptly. The notice will describe:
The reasons for which assistance has been denied;
A statement that if the applicant is an individual with disabilities, they may request a Reasonable Accommodation as the disability may relate to participation in the informal hearing process or affect HHA’s decision to deny admission;
Notification of applicant protections against denial, confidentiality requirements and request for documentation as provided by VAWA. Detailed policy concerning VAWA and denial of admission is included in the Fair Housing and Equal Opportunity chapter;
The family’s right to an informal hearing; and
The process for obtaining the informal hearing.
If based on a criminal record or lifetime registration information, an applicant family appears to be ineligible, HHA will notify the family in writing of the proposed denial and provide access to the record to the head of household (applicant) and to the subject of the record. The family will be given ten (10) business days to dispute the accuracy and relevance of the information. If the
ACOP: ELIGIBILITY 5-26 family does not contact HHA to dispute the information within ten (10) business days, HHA will proceed with the denial of admission. A family that does not exercise their right to dispute the accuracy of the information prior to issuance of the official denial letter will still be given the opportunity to do so as part of the informal hearing process. A Reasonable Accommodation will be considered in the acceptance of disputes, notices, scheduling and conducting hearings, and any decisions made by HHA.
Applicants who are denied admission are prohibited from applying and/or receiving housing assistance for one year from the date of the denial.
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CHAPTER 6: OCCUPANCY STANDARDS AND UNIT OFFERS
Occupancy standards are established by HHA to ensure that units are occupied by families of the appropriate size. Occupancy standards describe the methodology and factors HHA uses to determine the unit size for which a family qualifies, and includes the identification of the minimum and maximum number of household members for each unit size. This section also identifies circumstances under which an exception to the occupancy standards may be approved as well as other circumstances which dictate the unit size for which a family qualifies.
Applicants who pass screening and are qualified for housing will be admitted to units based on the policies established in this chapter.
6.1 MINIMUM AND MAXIMUM PERSONS IN A UNIT
This table below provides general subsidy standard guidelines. This table must be used in conjunction with the narrative policies in CHAPTER 6.2: DETERMINING FAMILY UNIT SIZE.
Number of Bedrooms Min. Persons/Unit Max. Persons/Unit 0 BR 1 1 1 BR 1 2 2 BR 2 4 3 BR 3 6 4 BR 4 8 5 BR 5 10
6.2 DETERMINING FAMILY UNIT SIZE
HHA will apply occupancy standards consistent with the stated gender provided by the tenant. HHA may make exceptions to this occupancy standard policy where cases of gender identity and other household members are concerned. Exceptions will be made on a case by case basis.
In addition to the above guidelines, HHA shall determine an applicant household’s appropriate unit size based upon the following criteria:
Two (2) persons per bedroom will be the standard for the unit a family may be offered;
Two children of the same sex share a bedroom regardless of age;
An adult and a child of the same sex who are not more than 10 years apart in age will be required to share a bedroom. For example a 25 year old female adult would have to share a bedroom with a 16 year old female child.
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Two adults of the same sex, other than same sex couples in an inter-dependent relationship or domestic partnership, who are more than 10 years apart are not required to share a bedroom; however, they may share a bedroom at the family’s request.
Persons of the opposite sex will not be required to share a bedroom, (see exceptions below); however, they may share a bedroom at the family’s request;
A husband and wife will be allocated one bedroom;
A same or opposite sex couple that has an interdependent relationship or domestic partnership will be allocated one bedroom;
An SRO will only be assigned to a one person household;
A family that consists of a pregnant woman (with no other persons) will be treated as a two- person family.
HHA will count a child who is temporarily away from the home because the child has been placed in foster care, kinship care or in the custody of the Dept. of Human Services as long as the family can document that the child will be living with the family.
A live-in attendant may be assigned his/her own bedroom. Single elderly or disabled clients with live-in attendants will be assigned two bedroom units.
HHA will allow family members of live-in aides to reside in the unit provided the addition of such family members does not produce an under-housed situation as determined by HHA occupancy standards. For example if a live-in aide has a daughter, the live in aide’s daughter may reside in the unit, provided the daughter shares the bedroom with her mother or another household member.
Children specified in joint custody agreements will be considered family members if the agreement specifies that they live with the parent for 50% or more of the time (at least 183 days a year) HHA will require verification of the custody agreement which may include school records and or court orders. When more than one applicant or client family is claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents. If there is a dispute about which family should claim them, HHA will make the determination based on available documents such as court orders, or an IRS return showing which family has claimed the child for income tax purposes
Space may be provided for a family member who is away at school but who lives with the family during school recesses. See policy on ABSENT STUDENTS.
Unless a live-in aide resides with the family, the family unit size for any family consisting of a single person must be a one bedroom.
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At the discretion of HHA, a household member may be assigned a separate bedroom if required for a verified reasonable accommodation.
6.3 EXCEPTIONS TO OCCUPANCY STANDARD GUIDELINES
HHA will grant exceptions to occupancy guidelines in cases where it is the family’s request and HHA determines the exceptions are justified by the relationships, age, sex, health or disability of family members, or other individual circumstances. HHA will not grant an exception that is in violation of local housing or occupancy codes, regulations or laws. HHA may require the HOH’s signature acknowledging and agreeing with the approved subsidy standard exceptions.
For a single person who is not elderly or disabled, an exception cannot override the regulatory limit of a zero or one bedroom unit.
6.4 PROCESSING OF EXCEPTIONS
All requests for exceptions to the occupancy guidelines must be submitted in writing.
In the case of a request for exception as a reasonable accommodation, HHA will ask the tenant to make the request in writing using a reasonable accommodation request form. However, HHA will consider the exception request any time the tenant indicates that an accommodation is needed whether or not a formal written request is submitted.
Requests for a larger unit must explain the need or justification for the larger sized unit, and must include appropriate documentation. Requests based on health-related reasons must be verified by a knowledgeable professional source.
HHA will promptly notify the family, in writing, of its decision.
6.5 TEMPORARILY AND PERMANENTLY ABSENT FAMILY MEMBERS
An individual who is or is expected to be absent from the public housing unit for up to 180 consecutive days is considered temporarily absent and continues to be considered a family member. HHA will require that temporarily absent family members complete and submit required recertification documents on a timely basis. An individual who is or is expected to be absent from the assisted apartment for more than 180 consecutive days is considered permanently absent and is no longer a family member. Exceptions to this policy are reviewed on a case by case basis.
6.6 ABSENCE OF ADULT MEMBER
If an adult member who was formerly a member of the household is reported to be permanently absent, the family must provide evidence to support that the person is no longer a member of the family (e.g., documentation of another address at which the person resides such as a lease or utility bill).
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6.7 ABSENT STUDENTS
When someone who has been considered a family member attends school away from home, the person will continue to be considered a family member unless information becomes available to HHA indicating that the student has established a separate household or the family declares that the student has established a separate household.
6.8 ABSENCES DUE TO PLACEMENT IN FOSTER CARE
Children temporarily absent from the home as a result of placement in foster care are considered members of the family. If a child has been placed in foster care, HHA will verify with the appropriate agency whether and when the child is expected to be returned to the home. Unless the agency confirms that the child has been permanently removed from the home, the child will be counted as a family member for occupancy standards.
6.9 ABSENT ADULTS DUE TO EMPLOYMENT
An adult family member absent from the public housing unit for more than 180 consecutive days due to employment or active military service will continue to be considered a family member provided that their income is included in the calculation of household income (excludes hostile fire income). Families will be required to provide proof of employment.
6.10 INDIVIDUALS CONFINED FOR MEDICAL REASONS
An individual confined to a nursing home or hospital on a permanent basis is not considered a family member.
If there is a question about the status of a family member, HHA will request verification from a responsible medical professional. If the responsible medical professional cannot provide a determination, the person generally will be considered temporarily absent. The family may present evidence that the family member is confined on a permanent basis and request that the person not be considered a family member.
6.11 ABSENT FAMILY
A family may not be absent from the unit for longer than sixty (60) consecutive days or 180 days if the absence is due to medical reasons. If all family members are absent from a unit for more than the allowable number of days, HHA will take action to terminate the lease.
6.12 RETURN OF A PERMANENTLY ABSENT FAMILY MEMBER
The family must request HHA approval for the return of any adult family members that HHA previously determined to be permanently absent. The individual is subject to HHA’s eligibility and screening requirements and HHA policies on changes in household composition
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6.13 UNIT OFFER
HHA will assign eligible applicants to dwelling units in accordance with a plan that is consistent with civil rights and nondiscrimination. Families are assigned to an available unit based on the family needs (bedroom size and unit type). When a unit becomes available, the next eligible applicant with the earliest application date/time is offered the unit.
Generally, if a family rejects a unit assignment, their application for housing assistance will be withdrawn from the waiting list(s). If an applicant provides verifiable “good cause” for refusing a unit, the refusal will not count toward the limit on unit refusal.
Applicants have 5 business days to provide proof of a “good cause” refusal. For good cause the HHA may extend the time for a response. An applicant who fails to accept a unit offer within 5 business days or to provide documentation that the unit would cause severe and unreasonable hardship within that period shall be removed from the waiting list.
HHA will maintain a record of units offered, including location, date and circumstances of each offer, each acceptance or rejection, including the reason for the rejection.
6.14 GOOD CAUSE FOR APARTMENT REFUSAL
Applicants may refuse to accept an apartment offer for “Good Cause”. Good Cause includes situations in which an applicant is willing to move, but is unable to do so at the time of the apartment offer, or the applicant demonstrates that acceptance of the offer would cause undue hardship not related to consideration of the applicant’s race, color, national origin, etc.
This policy is applicable to offers made to applicants from the waiting list and to transfer offers.
Examples of Good Cause for refusal of an apartment offer include:
The apartment is not ready for move-in at the time of the offer of housing. “Ready for move- in” means the apartment has no Housing Quality Standard deficiencies; or
Inaccessibility to source of employment, education, or job training, children’s day care, or educational program for children with disabilities, so that accepting the apartment offer would require the adult household member to quit a job, drop out of an educational institution or job training program, or take a child out of day care or an educational program for children with disabilities. This option is not available to applicants on the SBWL.; or
The apartment is inappropriate for the applicant’s disabilities; or
Other circumstances that are determined by HHA’s Admissions and Leasing Office to prevent the applicant from occupying the unit as may be verified by an independent third party.
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In the case of an apartment refusal for Good Cause, the applicant will not be removed from the Waiting List. The applicant will remain on the Waiting List until the family receives an offer for which they do not have Good Cause to refuse or accept an apartment.
HHA will require verification of Good Cause for apartment refusals.
6.15 APARTMENT REFUSAL WITHOUT GOOD CAUSE
When an applicant rejects the final apartment offer without Good Cause, HHA will remove the applicant’s name from the Waiting List and send notice to the family of such removal.
The applicant may reapply for assistance if the Waiting List is open. If the Waiting List is not open, the applicant must wait to reapply until HHA opens the Waiting List.
6.16 APARTMENT ACCEPTANCE OUTSIDE OF AUTHORIZED OCCUPANCY STANDARDS
If a family agrees to be housed in an apartment that is outside of HHA’s occupancy standards, HHA will require that the family sign a Lease Addendum whereby the family agrees to move upon thirty days’ notice from HHA if the inappropriately sized apartment is needed by a family requiring that apartment size. In such circumstances, HHA will provide an appropriately sized apartment for the family who is required to move.
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CHAPTER 7: VERIFICATION
7.1 INTRODUCTION
HHA verifies all information that is used to establish the family’s eligibility and level of assistance. Applicants and program participants must cooperate with the verification process as a condition of receiving assistance. All information obtained through the verification process will be handled in accordance with the records management policies established by HHA.
HHA will follow verification guidance in its approved MTW Plans and where not specifically stated in an MTW Plan, HHA will follow verification guidance provided by HUD in Notice PIH 2010-19 and any successor notices issued by HUD. This chapter describes the general verification process and summarizes the verification policies on income, assets, mandatory deductions and other family information used by HHA.
7.2 FAMILY CONSENT TO RELEASE OF INFORMATION
Applicants and residents must supply any information that HHA or HUD determines is necessary for the administration of the program and must consent to verification of that information by HHA.
It is required that all adult applicants and tenants sign form HUD-9886, Authorization for Release of Information, any other HUD required form and other forms required by HHA as part of the application process and as part of the re-certification process. The purpose of form HUD- 9886 is to facilitate automated data collection and computer matching from specific sources and to provide the family's consent only for the specific purposes listed on the forms.
If any family member who is required to sign a consent form fails to do so, HHA will deny admission to applicants or terminate the lease of residents. The family may request a hearing in accordance with HHA’s grievance procedures.
7.3 VERIFICATION HIERARCHY
HHA will use the most reliable form of verification that is available. In order of priority, the forms of verification that HHA will use are:
Up-front Income Verification using HUD’s Enterprise Income Verification (EIV) system
Up-front Income Verification using a non-HUD system
Written Third Party Verification (may be provided by applicant or tenant)
Written Third-Party Verification Form
Oral Third-party Verification
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Self-certification
7.4 OVERVIEW OF VERIFICATION REQUIREMENTS
The following are HHA’s general verification requirements:
Any documents used for verification (both income and household information documents) must be the original (not photocopies) and generally must be dated within 60 days of HHA’s request.
HHA may accept scanned documents from third parties.
HHA may accept electronic signatures for verification of program information.
HHA will generally wait five business days for receipt of verification information from third party verifiers before moving on to the next level of verification.
Before admitting an applicant to the program, HHA will re-verify income if the household’s income has changed or any income verification is more than 60 days old.
The documents must not be damaged, altered or in any way illegible.
Generally, HHA will maintain the validity of verification documents for 150 days from the date of receipt.
If 150 or more days have elapsed since the verification information was received by HHA for any recertification and the 50058 is about to be validated, HHA will request updated income information from the household, including but not limited to, current pay stubs and benefits letters. If the difference between the updated income information and the previously calculated information is greater than $200 per month, HHA will recalculate income and TTP using the updated tenant provided income. If the difference is less than $200/month, no changes will be made. If the tenant cannot provide updated documentation of income, HHA will follow the hierarchy of verification and attempt to receive updated verification from the third party source.
In an effort to lease families as quickly as possible and to reduce staff workload, HHA will not re-verify household composition and information related to income and allowances during the leasing process even if the 150 day threshold has been exceeded.
Unless otherwise stated, HHA will accept documents dated more than 6 months before the processing date of the household's recertification if the document represents the most recent scheduled report from a source. For example, if the holder of a pension annuity provides annual reports, HHA would accept the most recent report. However, a SS benefit letter can be obtained more than once per year, so that HHA would not accept a benefit letter that was more than 60 days old.
ACOP: VERIFICATION 7-2
Print-outs from web pages are considered original documents.
Generally, HHA staff member who views verification documents must make a photocopy and date stamp the copy with the date the document was received. Birth certificates, photo IDs and SS cards will not require a date stamp.
Any household self-certifications must be made in a format acceptable to HHA and must be signed in the presence of a HHA representative or Notary Public.
The cost of verification will not be passed on to the household.
For verification of wages using review of household provided documents, HHA requires
Pay Frequency Number of Consecutive Pay Stubs Weekly 4 Bi-weekly or 2 Twice/Month Monthly 2
If an applicant/household provides more than the minimum required pay stubs for verification, HHA will use only the minimum number of paystubs required and will ensure that the pay stubs used reflect the most current paystubs provided.
If a verifier provides a range of hours worked, HHA will use the average of the range to calculate income.
HHA will determine that third-party verification is not available if the asset or expense involves an insignificant amount, making it not cost-effective or reasonable to obtain third- party verification
7.5 FILE DOCUMENTATION
HHA will document in the file how the figures used in income and rent calculations were determined. All verification attempts, information obtained, and decisions reached during the verification process will be recorded in the family’s file in sufficient detail to demonstrate that HHA has followed all of the verification policies set forth in this ACOP. The record should be sufficient to enable a staff member or HUD reviewer to understand the process followed and conclusions reached.
7.6 SUBSTANTIAL DIFFERENCE
HHA will use the $200 per month as the threshold for a substantial difference.
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If UIV/third party information differs substantially from household provided information HHA reserves the right to request additional verification information and use any other verification method in priority order to reconcile the difference.
7.7 FRAUD
Information provided by the applicant/household that proves to be untrue may be used to disqualify the applicant for admission or terminate the household on the basis of attempted fraud. HHA considers false information concerning the following to be grounds for rejecting an applicant or terminating assistance:
Income, assets, household composition;
Social Security Numbers;
Preferences;
Allowances; and
Previous household history or criminal history
The applicant/household shall be notified in writing of such determination by HHA and will be given the opportunity for an informal grievance hearing of the matter.
7.8 UP-FRONT INCOME VERIFICATION (UIV)
UIV refers to HHA’s use of the verification tools available from independent sources that maintain computerized information about earnings and benefits. UIV will be used to the extent that these systems are available to HHA.
7.9 ENTERPRISE INCOME VERIFICATION (EIV) SYSTEM
HHA will use HUD’s EIV system as a third-party source to identify tenant employment and certain income information during regular and interim reexaminations. The following policies apply to the use of HUD’s EIV system.
7.9.1 EIV INCOME REPORTS
The data shown on income reports is updated quarterly. However, data may be between three and six months old at the time reports are generated.
EIV reports will be compared to family-provided information as part of the regular and interim reexamination process. EIV reports will be used as necessary to verify earned income and to verify and calculate unemployment benefits, Social Security and/or Supplemental Security Income benefits. EIV will also be used to verify that families claiming zero income are not receiving income from any of these sources.
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Income reports will be retained in tenant files with the applicable regular or interim reexamination documents. When HHA determines through EIV reports and third-party verification that a family has concealed or under-reported income, corrective action will be taken pursuant to the policies this ACOP.
7.9.2 EIV IDENTITY VERIFICATION
The EIV system verifies resident identities against Social Security Administration (SSA) records. These records are compared to Public and Indian Housing Information Center (PIC) data for a match on Social Security number, name, and date of birth. When identity verification for a resident fails, a message will be displayed within the EIV system and no income information will be displayed.
HHA will identify residents whose identity verification has failed. HHA will attempt to resolve PIC/SSA discrepancies by obtaining appropriate documentation from the resident. When HHA determines that discrepancies exist as a result of errors by HHA, such as spelling errors or incorrect birth dates, HHA will correct the errors.
7.10 THIRD PARTY WRITTEN VERIFICATION
Written third-party verification is an original or authentic document generated by a third party source dated either within the 60 calendar day period preceding the reexamination or HHA request date. Such documentation may be in the possession of the tenant or the applicant. HHA may, at its discretion, reject any tenant-provided or applicant- provided documents and follow up directly with the source to obtain necessary verification of information.
Examples of acceptable applicant-provided and tenant-provided documents include, but are not limited to: pay stubs, payroll summary reports, employer notice or letters of hire and termination, SSA benefit verification letters, bank statements, child support payment stubs, welfare benefit letters and/or printouts, and unemployment monetary benefit notices.
7.11 WRITTEN THIRD-PARTY VERIFICATION FORM
When upfront verification is not available and the family is unable to provide written third-party documents, or the documents provided by the family are rejected by HHA, HHA will request a written third-party verification form. HHA may mail, fax, or e-mail third-party written verification form requests to third-party sources.
7.12 ORAL THIRD-PARTY VERIFICATION
Oral third-party verification is mandatory if no form of written third-party verification is available. Third-party oral verification may be used when requests for written third-party verification forms have not been returned within five business days. HHA will document oral verification attempts in the tenant file.
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7.13 SELF-CERTIFICATION
Self-certification, or “tenant declaration,” is used as a last resort when HHA is unable to obtain third-party verification. When information cannot be verified by a third party or by review of documents, family members will be required to submit self-certifications attesting to the accuracy of the information they have provided to HHA. HHA will document the file with attempts to obtain higher forms of verification before relying on self-certification.
The self-certification must be made in a format acceptable to HHA and must be signed by the family member whose information or status is being verified. All self-certifications must be signed in the presence of an HHA representative or notary public.
Self-certification may not be used to verify the following benefits:
Social Security Benefits;
Unemployment
Court Ordered Child Support
Supplemental Security Benefits; or
Public Assistance
Veterans Benefits
Government Pensions
Unreimbursed medical expenses
7.14 WHEN THIRD-PARTY INFORMATION IS LATE
When third-party verification has been requested and the timeframes for submission have been exceeded, HHA will use the information from documents on a provisional basis. If HHA later receives third-party verification that differs from the amounts used in income and rent determinations and it is past the deadline for processing the reexamination, HHA will conduct an interim reexamination to adjust the figures used for the reexamination, regardless of HHA’s interim reexamination policy.
7.15 WHEN THIRD-PARTY VERIFICATION IS NOT REQUIRED Third party verification will not be required under the following circumstances:
Verification Service Charge If there is a service charge for third party verification, HHA will assume that third party verification is not available and use the next level of verification according to the verification hierarchy.
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Primary Documents Third-party verification is not required when legal documents are the primary source, such as a birth certificate or other legal documentation of birth.
Imputed Assets HHA will accept a self-certification from the family as verification of assets disposed of for less than fair market value. See policy related to ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE.
7.16 TENANT FAILS TO RESPOND TO VERIFICATION REQUEST
Tenants are required to respond to requests by HHA for verification of family, income and/or expense information. HHA will take the following actions when a family fails to respond to the request for verification:
Five (5) business days after the request for verification, HHA will send a letter to the head of household, warning of the consequences if the family fails to contact HHA within the time frame set forth in the letter.
If at the end of the time frame set forth in the letter, the family has not provided the requested information, HHA will send the family a termination letter.
7.17 VERIFICATION OF LEGAL IDENTITY
HHA will require families to furnish verification of legal identity for each household member.
Verification of Legal Identity for Adults Verification of Legal Identity for Children Certificate of birth, naturalization papers Certificate of birth Church issued baptismal certificate Adoption papers Current, valid driver's license or Custody agreement Department of Motor Vehicles Health and Human Services ID identification card School records U.S. military discharge [DD 214] U.S. passport Employer identification card
If a document submitted by a family is illegible for any reason or otherwise questionable, more than one of these documents may be required. Legal identity will be verified for all applicants at the time of eligibility determination and in cases where HHA has reason to doubt the identity of a person representing him or herself to be a tenant or a member of a tenant family.
7.18 VERIFICATION OF SOCIAL SECURITY NUMBERS
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Applicants and tenants must provide documentation of a valid Social Security number for each member of the household, with the exception of individuals who do not contend eligible immigration status. An exemption is also provided to existing tenants who were at least 62 years of age as of January 31, 2010, and had not previously disclosed a Social Security number.
HHA will accept the following documentation as acceptable evidence of the social security number: An original Social Security number card issued by the Social Security Administration (SSA)
An original SSA-issued document, which contains the name and Social Security number of the individual
An original document issued by a federal, state, or local government agency, which contains the name and Social Security number of the individual including but not limited to the following:
o Other identification card issued by a federal, state, or local agency, a medical insurance company or provider, or employer or trade union
o Payroll stubs
o Benefit award letters from government agencies; retirement benefit letters; life insurance policies
o Court records [real estate, tax notices, marriage and divorce, judgment or bankruptcy records
Verification of the Social Security number of a child under the age of 6 must be provided to HHA within 90 calendar days from the date of admission to the program or within 90 days of the date of the request to add the child to the household. A 90 day extension may be granted if HHA determines that the tenant’s failure to comply was due to unforeseen circumstances and was outside of the tenant’s control.
7.19 VERIFICATION OF AGE
If an official record of birth or evidence of Social Security retirement benefits cannot be provided, HHA will require the family to submit other documents that support the reported age of the family member (e.g., school records, driver's license if birth year is recorded) and to provide a self-certification.
7.20 FAMILY RELATIONSHIPS
Applicants and tenants are required to identify the relationship of each household member to the head of household.
7.20.1 MARITAL STATUS VERIFICATION
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Certification by the head of household is normally sufficient verification of marriage. If HHA has reasonable doubts about a marital relationship, HHA will require the family to document the marriage.
7.20.2 SEPARATION OR DIVORCE VERIFICATION
HHA may require the family to provide documentation of the divorce or separation with a certified copy of a divorce decree, signed by a court officer; a copy of a court-ordered maintenance or other court record; or other documentation that shows a couple is divorced or separated.
7.20.3 FOSTER CHILDREN AND FOSTER ADULT VERIFICATION
Third-party verification from the state or local government agency responsible for the placement of the foster child or foster adult with the family is required.
7.21 STUDENT STATUS VERIFICATION
HHA require families to provide information about the student status of all students who are 18 years of age or older. This information will be verified only if:
The family claims full-time student status for an adult other than the head, spouse, or co- head, or
The family claims a child care deduction to enable a family member to further his or her education.
7.22 VERIFICATION OF DISABILITY
HHA will verify the existence of a disability in order to verify applicable preferences, to verify the need for a reasonable accommodation and to allow certain income disallowances and deductions from income. HHA will use HUD’s definition of disability in 24 CFR 5.403, as may be amended, to verify a disability for these purposes
Before providing an accommodation, HHA must determine that the person meets the definition of a person with a disability, and that the accommodation will enhance the family’s access to HHA’s programs and services.
If a person’s disability is obvious or otherwise known to HHA, and if the need for the requested accommodation is also readily apparent or known, no further verification will be required.
If a family indicates that an accommodation is required for a disability that is not obvious or otherwise known to HHA, HHA will verify that the person meets the definition of a person with a disability, and that the limitations imposed by the disability require the requested accommodation.
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All information related to a person’s disability will be treated in accordance with the confidentiality policies. In addition to the general requirements that govern all verification efforts, the following requirements apply when verifying a disability:
Third-party verification must be obtained from an individual identified by the family who is competent to make the determination. A doctor or other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual’s disability may provide verification of a disability.
HHA will request only information that is necessary to evaluate the disability-related need for the accommodation. HHA will not inquire about the nature or extent of any disability
Medical records will not be accepted or retained in the participant file.
In the event that HHA does receive confidential information about a person’s specific diagnosis, treatment, or the nature or severity of the disability, HHA will dispose of it. In place of the information, HHA will note in the file that the disability and other requested information have been verified, the date the verification was received, and the name and address of the knowledgeable professional who sent the information.
HHA will accept receipt of Social Security Administration disability benefits or other benefits awarded exclusively to persons with disabilities as verification of disability and to entitle a tenant to the household deduction for persons with disabilities.
For family members claiming disability who do not receive SSI or other disability payments from the SSA, a knowledgeable professional must provide third-party verification that the family member meets the HUD definition of disability. The knowledgeable professional will verify whether the family member does or does not meet the HUD definition of disabled.
7.23 VERIFICATION OF U.S. CITIZENSHIP AND OF ELIGIBLE IMMIGRATION STATUS
HUD requires a declaration for each family member who claims to be a U.S. citizen or national or to have eligible immigration status. The declaration must be signed personally by any family member 18 or older and by a guardian for minors.
Family members who claim U.S. citizenship or national status will not be required to provide additional documentation unless HHA receives information indicating that an individual’s declaration may not be accurate.
The documentation required for eligible non-citizens varies depending upon factors such as the date the person entered the U.S., the conditions under which eligible immigration status has been granted, age, and the date on which the family began receiving HUD-funded assistance.
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For family members age 62 or older who claim to be eligible immigrants, proof of age is required; however, no further verification of eligible immigration status is required.
For family members under the age of 62 who claim to be eligible immigrants, HHA will verify immigration status with the U.S. Citizenship and Immigration Services (USCIS). HHA will follow all USCIS protocols for verification of eligible immigration status.
7.24 VERIFICATION OF PREFERENCE STATUS
HHA will verify any preferences claimed by an applicant. Outlined below are examples of documents which may be used to verify a HHA admission preference.
Holyoke residency: Existing lease
Veteran: discharge papers, letter from the applicable branch of government
Working: paystubs, letter from the employer,
Disability: see VERIFICATION OF DISABILITY
7.25 VERIFYING INCOME
Policies in this section cover verification of commonly applied sources of income.
7.26 EARNED INCOME VERIFICATION
For verification of wages using pay-stubs (written third party verification), HHA requires:
4 pays stubs for weekly pay,
2 pay stubs for bi-weekly or bi-monthly pay and
2 pay stubs for monthly pay.
The pay stubs must be consecutive.
If an applicant/tenant provides more than the minimum required pay stubs for verification, HHA will use only the minimum number of paystubs required and will ensure that the pay stubs used reflect the most current paystubs provided.
Unless tip income is included in a family member’s W-2 by the employer, persons who work in industries where tips are standard will be required to sign a certified estimate of tips received for the prior year and tips anticipated to be received in the coming year.
7.27 BUSINESS & SELF-EMPLOYMENT INCOME VERIFICATION
ACOP: VERIFICATION 7-11
Business owners and self-employed persons will be required to provide one or more of the following:
An audited financial statement for the previous fiscal year if an audit was conducted.
If an audit was not conducted, a statement of income and expenses must be submitted and the business owner or self-employed person must certify to its accuracy.
All IRS schedules completed for filing federal and local taxes in the preceding year. If accelerated depreciation was used on the tax return or financial statement, an accountant's calculation of depreciation expense, computed using straight-line depreciation rules.
At any reexamination HHA may request documents that support submitted financial statements such as manifests, appointment books, cash books, or bank statements.
If a family member has been self-employed for less than three (3) months, HHA will accept the family member’s certified estimate of income and schedule an interim reexamination in three (3) months.
If the family member has been self-employed for only three (3) to twelve (12) months HHA will require the family to provide documentation of income and expenses for this period and use that information to project income.
7.28 SOCIAL SECURITY/SUPPLEMENTAL SECURITY INCOME VERIFICATION
To verify the SS/SSI benefits of applicants, HHA will request a current (dated within the last 60 calendar days) SSA benefit verification letter from each family member who receives social security benefits. If a family member is unable to provide the document, HHA will help the applicant request a benefit verification letter from SSA’s Web site at www.socialsecurity.gov or ask the family to request one by calling SSA at 1-800-772-1213. The family will be required to provide the benefit verification letter to HHA upon receiving it.
To verify the SS/SSI benefits of residents, HHA will obtain information about SS/SSI benefits through HUD’s EIV system and confirm with the residents(s) that the current listed benefit amount is correct.
If the resident disputes the EIV-reported benefit amount, or if benefit information is not available in HUD systems, HHA will request a current SSA benefit verification letter from each family member who receives Social Security benefits. If a family member is unable to provide the document, HHA will advise the tenant that he or she may request a benefit verification letter from SSA’s Web site at www.socialsecurity.gov or ask the family to request one by calling SSA at 1-800-772-1213. The family will be required to provide the benefit verification letter to HHA upon receiving it.
7.29 ALIMONY OR CHILD SUPPORT VERIFICATION
ACOP: VERIFICATION 7-12
HHA will verify child support using the verification hierarchy. When there are minors in a family and/or a new minor is added to the family and both parents/guardians do not reside in the family, HHA staff will request third-party verification of court ordered child support. If there are no minors in the family, HHA will not request verification.
The methods HHA will use to verify alimony and child support payments will differ depending on whether the family declares that it receives regular payments. If the family declares that it receives irregular or no payments, HHA will verify payments using a disbursement history provided by the child support enforcement agency. If the family declares that payments are regular, HHA will use one or more of the following:
Copy of the court order for child support payments;
Copies of the receipts and/or payment stubs;
Third-party verification form from the state or local child support enforcement agency
Third-party verification form from the person paying the support
Family's self-certification of amount received (only for non-court ordered child support)
7.30 ASSETS AND INCOME FROM ASSETS VERIFICATION
MTW Policy Clients are permitted to self-certify asset value and income when the family’s combined market asset value is less than or equal to $50,000. For families whose market value of their assets is greater than $50,000, asset verification is subject to standard HUD verification requirements.
Where third party verification of assets is required, HHA will follow the verification hierarchy to obtain the information necessary to determine the current market (face) value of the family’s assets.
HHA will require the information necessary to determine the current cash value of the family’s assets, which is the net amount the family would receive if the asset were converted to cash.
Where applicable, acceptable verification of assets may include any of the following:
Verification forms, letters, or documents from a financial institution or broker;
Passbooks, checking account statements, certificates of deposit, bonds, or financial statements completed by a financial institution or broker;
Quotes from a stockbroker or realty agent as to net amount family would receive if they liquidated security or real estate;
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Real estate tax statements if the approximate current market value can be declared from assessment;
Financial statements for business assets;
Copies of closing documents showing the selling price and the distribution of the sales proceeds;
Appraisals of personal property.
7.30.1 ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE
HHA will obtain a self-certification from applicants and tenants as to whether any member has disposed of assets for less than fair market value during the two years preceding the effective date of the applicant’s eligibility certification or the tenant’s reexamination. If the family certifies that it has disposed of assets, as defined by HUD, for less than fair market value, verification is required that shows:
All assets disposed of for less than fair market value;
The date they were disposed of;
The amount the family received; and
The market value of the assets at the time of disposition. Third party verification will be obtained wherever possible.
7.31 NET INCOME FROM RENTAL PROPERTY VERIFICATION
To verify net income from a rental property, the family must provide:
A current executed lease for the property that shows the rental amount or certification from the current tenant; or
A self-certification from the family members engaged in the rental of property providing an estimate of expenses for the coming year; and
The most recent IRS Form 1040 with Schedule E (Rental Income). If a Schedule E was not prepared, HHA will require the family members involved in the rental of property to provide a self-certification of income and expenses for the previous year and may request documentation to support the statement including: tax statements, insurance invoices, bills for reasonable maintenance and utilities, and bank statements or amortization schedules showing monthly interest expense.
7.32 RETIREMENT ACCOUNT VERIFICATION
ACOP: VERIFICATION 7-14
HHA will accept written third-party documents supplied by applicants and residents as evidence of the status of retirement accounts. The type of original document that will be accepted depends upon the family member’s retirement status.
Before retirement, HHA will accept an original document from the entity holding the account with a date that shows it is the most recently scheduled statement for the account but in no case earlier than 6 months from the effective date of the reexamination.
Upon retirement, HHA will accept an original document from the entity holding the account that reflects any distributions of the account balance, any lump sums taken and any regular payments.
After retirement, HHA will accept an original document from the entity holding the account dated no earlier than 12 months before the date of the applicant’s eligibility interview or the tenant’s reexamination that reflects any distributions of the account balance, any lump sums taken and any regular distributions.
7.33 INCOME FROM EXCLUDED SOURCES VERIFICATION
For fully excluded income, HHA is not required to follow the verification hierarchy, document why third-party verification is not available, or report the income on the 50058. Fully excluded income is defined in 24 C.F.R 5.609 (c1 –c17), as may be amended, and is income that is entirely excluded from the annual income determination (for example, food stamps, earned income of a minor, or foster care funds). HHA will accept the family’s self-certification as verification of fully excluded income. HHA may request additional documentation if necessary to document the income source.
Partially excluded income is defined as income where only a certain portion of what is reported by the family qualifies to be excluded and the remainder is included in annual income (for example, the income of an adult full-time student, or income excluded under the earned income disallowance). HHA will verify the source and amount of partially excluded income.
7.34 ZERO INCOME HOUSEHOLD VERIFICATION
A zero income household is one where no household member receives any income, contributions and/or benefits on his/her own behalf or on behalf of another individual in the household. See REEXAMINATION & CONTINUED OCCUPANCY for zero income reexamination policy on reexamination frequency requirements for zero income households.
Households that report zero income may be required to provide information regarding their means of basic subsistence, such as food, utilities, transportation, etc. If the family’s expenses exceed their known income, HHA may make inquiry as to the nature of the family’s accessible resources.
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HHA may also review the family information to evaluate possible participation in programs such as TANF or unemployment compensation, and to provide information on social service agencies and other organizations that may be of assistance to families.
HHA may question the family to determine if there is unreported income and to clarify any discrepancies.
HHA will require the following when the household claims zero income and at each successive zero income reexamination:
Head or co-head of household must complete a Personal Declaration an Application for Continued Occupancy
Completion of a zero income self-certification by each adult household member;
EIV check to confirm that no household member has any income;
Verification of any income source received at the certification prior to the claim of zero income. For example, if one household member, at the certification prior to the claim of zero income, had wage income, HHA will verify termination of employment.
3rd party verification to the Family Court to confirm that no child support is paid, (only if there are minors in the household and both parent/legal guardians do not reside in the household).
7.35 VERIFYING DEDUCTIONS
Policies in this section cover verification of mandatory deductions.
7.35.1 DEPENDENT AND ELDERLY/DISABLED HOUSEHOLF DEDUCTIONS
HHA will verify that the family members identified as dependents or elderly/disabled persons meet the statutory definitions. No further verifications are required.
7.35.2 MEDICAL EXPSENSE DEDUCTION
The medical expense deduction is permitted only for households in which the head, spouse, or co-head is at least 62, or a person with disabilities. HHA will verify that the family meets the definition of an elderly or disabled family. To be eligible for the medical expenses deduction, the costs must not be reimbursed by another source. Unreimbursed medical expenses will be verified through written third-party documents provided by the family, such as pharmacy printouts or receipts. See policies related to adjusted income MEDICAL EXPENSE DEDUCTION. HHA will verify that:
ACOP: VERIFICATION 7-16
The household is eligible for the deduction.
The costs to be deducted are qualified medical expenses.
The expenses are not paid for or reimbursed by any other source.
Costs incurred in past years are counted only once.
The most current IRS Publication 502, Medical and Dental Expenses, will be used to determine the costs that qualify as medical expenses. Over-the-count products will not be eligible for deductions as medical expenses unless they are accompanied by a doctor’s prescription.
Summary of Allowable Medical Expenses from IRS Publication 502 Services of medical professionals Substance abuse treatment programs Surgery and medical procedures that Psychiatric treatment are necessary, legal, non-cosmetic Ambulance services and some costs Services of medical facilities of transportation related to medical Hospitalization, long-term care, and expenses in-home nursing services The cost and care of necessary Prescription medicines and insulin, equipment related to a medical but not nonprescription medicines condition (i.e., eyeglasses/lenses, even if recommended by a doctor hearing aids, crutches, and artificial Improvements to housing directly teeth) related to medical needs (i.e., ramps Cost and continuing care of for a wheel chair, handrails) necessary service animals Medical insurance premiums or the cost of a health maintenance organization (HMO) Note: This chart provides a summary of eligible medical expenses only. Detailed information is provided in IRS Publication 502. Medical expenses are considered only to the extent they are not reimbursed by insurance or some other source.
Medical expenses will be verified through:
Printouts or paid receipts from the source.
Third-party verification form signed by the provider
7.35.3 DISABILITY ASSISTANCE EXPENSES
HHA will verify that the family is eligible to deduct unreimbursed disability assistance expenses. HHA will allow a family to deduct unreimbursed disability assistance expenses after verifying that:
The family member for whom the expense is incurred is a person with disabilities
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The expense permits a family member, or members, to work
The expense is not reimbursed from another source
Attendant Care HHA will accept written third-party documents provided by the family. If family-provided documents are not available, HHA will send a third-party verification form directly to the care provider requesting the needed information. See policies related to DISABILITY ASSISTANCE EXPENSE DEDUCTION. Expenses for attendant care will be verified through:
Written third-party documents provided by the family, such as receipts or cancelled checks.
Third-party verification form signed by the provider, if family-provided documents are not available.
If third-party verification is not possible, written family certification as to costs anticipated to be incurred for the upcoming 12 months.
Auxiliary Apparatus Expenses for auxiliary apparatus will be verified through:
Written third-party documents provided by the family, such as billing statements for purchase of auxiliary apparatus, or other evidence of monthly payments or total payments that will be due for the apparatus during the upcoming 12 months.
Third-party verification form signed by the provider, if family-provided documents are not available.
If third-party or document review is not possible, written family certification of estimated apparatus costs for the upcoming 12 months.
7.35.4 CHILD CARE EXPENSE
The amount of the child care expense deduction will be verified following the standard verification procedures. HHA will verify that the household is eligible to deduct unreimbursed child care expenses by verifying the following:
The child is eligible for care (under 13 years of age).
The costs claimed are not reimbursed.
The costs enable a family member to work, actively seek work, or further their education.
The costs are for an allowable type of child care.
The costs are reasonable.
ACOP: VERIFICATION 7-18
Seeking Work Whenever possible HHA will use documentation from a state or local agency that monitors work-related requirements [e.g., welfare or unemployment]. In such cases HHA will request verification from the agency of the member’s job seeking efforts to date and require the family to submit to HHA any reports provided to the other agency.
In the event third-party verification is not available, HHA will provide the family with a form on which the family member must record job search efforts. HHA will review this information at each subsequent reexamination for which this deduction is claimed.
Furthering Education HHA will ask that the academic or vocational educational institution verify that the person permitted to further his or her education by the child care is enrolled and provide information about the timing of classes for which the person is registered.
Gainful Employment HHA will seek verification from the employer of the work schedule of the person who is permitted to work by the child care. In cases in which two or more family members could be permitted to work, the work schedules for all relevant family members may be verified.
Reasonableness of Expenses The actual costs the family incurs will be compared with standards of reasonableness for the type of care in the locality to ensure that the costs are reasonable. If the family presents a justification for costs that exceed typical costs in the area, HHA will request additional documentation, as required, to support a determination that the higher cost is appropriate.
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CHAPTER 8: INCOME & ADJUSTED INCOME
8.1 INTRODUCTION
A family’s annual income is used to determine their income eligibility for the public housing program and is also used to calculate the family’s rent payment. HHA will use the policies and methods described in this chapter to ensure that only income-eligible families receive assistance and that no family pays more or less rent than is required under the regulations. Once annual income has been established HHA will subtract from annual income the deductions for which a family qualifies in order to determine adjusted income.
8.2 ANNUAL INCOME
Annual income means all amounts, monetary or not, which:
Goes to, or is on behalf of, the family head or spouse (even if temporarily absent) or to any other family member;
Are anticipated to be received from a source outside the family during the 12-month period following admission or regular reexamination effective date;
Are not specifically excluded under 24 C.F.R. 5.609 or the MTW Plan, where applicable.
Annual income also covers amounts derived during the 12-month period from assets to which any member of the family has access, except where otherwise excluded under the MTW Plan, as applicable.
Annual income includes, but is not limited to:
The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services. The employment income of an emancipated minor is included if the emancipated minor is the head of household, co-head or spouse.
The net income from operation of a business or profession
o Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining the net income from a business. An allowance for the straight line depreciation of assets used in a business or profession may be deducted as provided in IRS regulations. Withdrawals of cash or assets will not be considered income when used to reimburse the family for cash or assets invested in the business. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family;
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Interest, dividends, and other net income of any kind from real or personal property
o Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for the straight line depreciation of real or personal property is permitted. Withdrawals of cash or assets will be considered income when used to reimburse the family for cash or assets invested in the property.
o If the family has net family assets less than $5,000, annual income shall include the actual income from those assets except as superseded by MTW policy;
o If the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, except as superseded by MTW policy;
The full amount of periodic payments received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, see ANNUAL INCOME EXCLUSIONS for treatment of delayed or deferred periodic payment of Social Security or Supplemental Security Income benefits);
Payments in lieu of earnings, such as unemployment and disability compensation, worker’s compensation, and severance pay (See ANNUAL INCOME EXCLUSIONS concerning treatment of lump-sum additions as family assets);
All welfare assistance payments (Temporary Assistance to Needy Families, General Assistance) received by or on behalf of any family member;
Periodic and determinable allowances, such as alimony and child support payments, and regular cash and non-cash contributions or gifts received from agencies or persons not residing in the dwelling made to or on behalf of family members
o Any contribution or gift received every 2 months or more frequently will be considered a "regular" contribution or gift, unless the amount is less than $600.00 per year;
Imputed Welfare Income: Such amounts that involve a reduction of welfare benefits by the welfare agency, in whole or in part, for a tenant family member, because of fraud by a family member in connection with the welfare program or because of a welfare agency sanction against a family member for non-compliance with a welfare agency requirement to participate in an economic self-sufficiency program shall be included in annual income. This limitation does not apply to the loss of welfare benefits resulting from the expiration of a lifetime limit on benefits or a durational time limit on benefits;
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All regular payments to the head of the household for support of a minor, or payments nominally to a minor for his/her support, but controlled for his/her benefit by the head of the household or a tenant family member other than the head, who is responsible for his or her support;
All regular pay, special payments and allowances (such as longevity, overseas duty, rental allowances, allowances for dependents, etc.), received by a member of the Armed Forces (whether or not living in the dwelling) who is head of the family, spouse, or other family member whose dependents are residing in the unit.
8.3 ANNUAL INCOME EXCLUSIONS
Annual Income does not include the following: Income from employment of children (including foster children) under the age of 18 years;
Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone);
Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in paragraph (b)(5) of this section);
Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member;
Income of a live-in aide, as defined in §5.403
Subject to policies in annual income inclusions, the full amount of student financial assistance paid directly to the student or to the educational institution;
The special pay to a family member serving in the Armed Forces who is exposed to hostile fire;
Amounts received under training programs funded by HUD;
Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS);
Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program;
Amounts received under a tenant service stipend. A tenant service stipend is a modest amount (not to exceed $200 per month) received by a tenant for performing a service for HHA or owner, on a part-time basis, that enhances the quality of life in the development.
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Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, tenant initiatives coordination, and serving as a member of HHA's governing board. No tenant may receive more than one such stipend during the same period of time;
Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as tenant management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program;
Temporary, nonrecurring or sporadic income (including gifts);
Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era;
Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse);
Adoption assistance payments in excess of $480 per adopted child;
Deferred periodic amounts from supplemental security income and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts, or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts.
Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit;
Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. See APPENDIX G: FEDERALLY MANDATED INCOME EXCLUSIONS.
8.4 ANTICIPATING ANNUAL INCOME
HHA will calculate anticipated annual income by adding the income the family expects to receive during the 12-month period following the family’s admission or regular reexamination effective date. Accordingly, annual income is calculated by projecting current income forward for a 12-month period.
If an estimate can be made for those families whose income fluctuates from month to month by income averaging, this estimate will be used. If there are bonuses or overtime, which the employer cannot anticipate for the next twelve months, bonuses and overtime received the
ACOP: INCOME & ADJUSTED INCOME 8-4 previous year will be used. The method used depends on the regularity, source and type of income.
8.5 KNOWN CHANGES IN INCOME
If HHA verifies an upcoming increase or decrease in income, annual income will be calculated by applying each income amount to the appropriate part of the 12-month period.
Example: An employer reports that a full-time employee who has been receiving $8/hour will begin to receive $8.25/hour in the eighth week after the effective date of the reexamination.
HHA would calculate annual income as follows: ($8/hour × 40 hours × 7 weeks) + ($8.25/hr. × 40 hours × 45 weeks = $2,240.00 + $14,850.00 = $17,090.00)
8.6 ROUNDING OF INCOME AND DEDUCTIONS
Generally, HHA will round to the nearest whole dollar at the annual calculation for each income/deduction source.
HHA will round as follows for the following income and deductions:
Social Security Income
o When the Social Security benefit letter states that the monthly benefit is rounded down to the whole dollar, HHA will calculate annual income by using the full monthly (not rounded down) benefit before any deductions and round at the final annual calculation. The benefit letter is only to be used when Enterprise Income Verification (EIV) is not available or the tenant disputes EIV.
Applying the Cost of Living Adjustment (COLA) to Social Security and Supplemental Security Income
o When the EIV report does not yet contain the benefit for the upcoming year and where HHA is required to apply the COLA for the upcoming year, HHA will apply the COLA to the current monthly benefit and will use the full monthly benefit to calculate income. For example if the current Social Security benefit is $560/month and the COLA is 1.7%, HHA would increase the monthly benefit of $560/month benefit by 1.7% to $569.52 and would then multiply $569.52 times 12 to get the annual income. The rounding would occur at the annual calculation $6834.
With respect to other income/deduction verification sources, HHA will follow the instructions for rounding set forth in the verification document to calculate annual income and/or deductions.
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8.7 WAGES
The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services is included in annual income.
For persons who regularly receive bonuses or commissions, HHA will average amounts received for the year preceding admission or reexamination
8.8 BUSINESS INCOME
Annual income includes the net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income.
An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations.
Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family.
Business Expenses Net income is “gross income less business expense.” To determine business expenses that may be deducted from gross income, HHA will use current applicable Internal Revenue Service (IRS) rules for determining allowable business expenses [see IRS Publication 535], unless a topic is addressed by HUD regulations or guidance.
Business Expansion HUD regulations do not permit HHA to deduct from gross income expenses for business expansion.
Business expansion is defined as any capital expenditures made to add new business activities, to expand current facilities, or to operate the business in additional locations. For example, purchase of a street sweeper by a construction business for the purpose of adding street cleaning to the services offered by the business would be considered a business expansion. Similarly, the purchase of a property by a hair care business to open at a second location would be considered a business expansion.
8.9 MILITARY PAY
All regular pay, special pay and allowances of a member of the Armed Forces are considered income except for the special pay to a family member serving in the Armed Forces who is exposed to hostile fire.
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8.10 ALIMONY AND CHILD SUPPORT
If the amount of child support or alimony received is less than the amount awarded by the court, HHA will use the amount awarded by the court unless the family can verify that they are not receiving the full amount.
HHA will accept as verification that the family is receiving an amount less than the award if HHA receives verification from the agency responsible for enforcement or collection.
It is the family's responsibility to supply a certified copy of the divorce decree or other court documents reflecting alimony awarded by the court or verification from the court or agency responsible for enforcing child support payments reflecting the amount of child support payments awarded.
8.11 CHILDREN’S EARNINGS
Employment income earned by children (including foster children) under the age of 18 years is not included in annual income.
8.12 INCOME OF A LIVE-IN AIDE
Income earned by a live-in aide, as defined in 24 CFR 5.403, is not included in annual income
8.13 INCOME OF FOSTER CHILDREN AND FOSTER ADULTS
Earned income of foster children is excluded from annual income.
Earned income of foster adults is included in annual income.
Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone) is excluded from annual income.
All other income received on behalf of a foster child or a foster adult is included in annual income. For example, if a foster adult receives Supplemental Security Income payments those payments are included in annual income.
8.14 SEASONAL INCOME
People in some occupations regularly work less than 12 months per year, i.e., school employees, agricultural workers and construction workers. To determine annual income for individuals who have seasonal income, HHA will use past actual income received or earned within the last 12 months of the determination date. Therefore, interim reexaminations will not be completed when circumstances change. Documentation may include, but is not limited to UIV, EIV, W-2 forms and tax returns.
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Example: Mary is a teacher with the ABC school district, earning $2,000 per month. She works for nine months a year. At the time of her regular reexamination Mary is not working. HHA runs an EIV income report which has the actual income earned for the prior year. The EIV income report shows income of $24,053 for the prior year. Mary received $20,000 for her job as a teacher and collected $4,053 in unemployment the prior year. HHA would use $24,053 as her income for the upcoming certification.
8.15 INCOME OF PERSON PERMANENTLY CONFINED TO NURSING HOME
If a family member is permanently living in a hospital or nursing home and there is a family member left in the household, HHA will conduct an interim reexamination, remove the permanently absent household member, remove his/her related income and expenses and re- calculate the Total Tenant Payment.
8.16 INCOME OF A PERSON MOVING INTO PUBLIC HOUSINGFROM A NURSING HOME
If a family member is admitted to the public housing program upon release from a nursing home, rehabilitation center or other healthcare or assisted living facility, and verifies a reduced Supplemental Security Income or Old Age Survivors Disability Income (OASDI) income from Social Security; HHA will annualize the current income and conduct an interim reexamination within 90 calendar days of the date of admission. If within the 90 calendar days, the tenant experiences an increase in income from the Social Security Administration, HHA will process an increase in rent between the regularly scheduled reexaminations.
8.17 INCOME OF TEMPORARILY ABSENT FAMILY MEMBERS
The income of family members approved to live in the apartment will be counted, even if the family member is temporarily absent from the apartment. See policies on TEMPORARILY AND PERMANENTLY ABSENT FAMILY MAMBERS for definition of Temporarily Absent.
8.18 TEMPORARY AND SPORADIC INCOME
Temporary and sporadic income is excluded from the calculation of annual income (See Chapter on REEXAMINATIONS AND CONTINUED OCCUPANCY for interim reexamination policies related to temporary and sporadic income
Sporadic income is income that cannot be reliably predicted. For example, the income of an individual who works occasionally as a handyman would be considered sporadic if future work could not be anticipated and no historic, stable pattern of income existed.
Example: Daniel works occasionally as a handyman. He claims to have worked only a couple of times last year and he has no documentation to support this claim. His earnings are neither reliable (he
ACOP: INCOME & ADJUSTED INCOME 8-8 cannot depend on them) nor do they recur at regular intervals. Daniel’s handyman earnings are not included in annual income. If Daniel is the sole household member and has no other sources of income or benefits, he would fall under the zero income verification and reexamination requirements.
8.19 CONTRIBUTIONS TO RETIREMENT FUNDS
Contributions to company retirement/pension funds are handled as follows:
While an individual is employed, only amounts the family can withdraw without retiring or terminating employment are counted as assets;
After retirement or termination of employment, any amount the employee elects to receive as a lump sum is counted as an asset. Regular withdrawals from retirement accounts are treated as income; however, do not count any remaining amounts in the account as an asset.
8.20 TENANT SERVICE STIPEND
Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for HHA on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of HHA's governing board. No resident may receive more than one such stipend during the same period of time.
8.21 STATE AND LOCAL EMPLOYMENT TRAINING PROGRAMS
Incremental earnings and benefits to any family member resulting from participation in qualifying state or local employment training programs (including training programs not affiliated with a local government) and the training of a family member as a tenant management staff are excluded from annual income. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives and are excluded only for the period during which the family member participates in the employment training programs.
HHA defines training program as “a learning process with goals and objectives, generally having a variety of components, and taking place in a series of sessions over a period of time. It is designed to lead to a higher level of proficiency, and it enhances the individual’s ability to obtain employment. It may have performance standards to measure proficiency. Training may include, but is not limited to:
Classroom training in a specific occupational skill,
On-the-job training with wages subsidized by the program, or
Basic education.
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HHA defines incremental earnings and benefits as the difference between the total amount of welfare assistance and earnings of a family member prior to enrollment in a training program and the total amount of welfare assistance and earnings of the family member after enrollment in the program.
In calculating the incremental difference, HHA will use as the pre-enrollment income the total annualized amount of the family member’s welfare assistance and earnings reported on the family’s most recently completed HUD-50058.
End of participation in a training program must be reported in accordance with HHA’s interim reporting requirements.
All other amounts (such as child support and alimony) are treated in the usual manner in determining annual income. Child support, or other income that is not earnings or benefits, is not a factor and will not be considered in regard to training income exclusions, regardless of whether they have increased or decreased.
If a family has members who enroll in training programs at different times, the exclusion may be taken at different periods. The rules will be applied individually to each member based on in which type of program they are enrolled.
Employment Before Completion of Training Program A resident who has substantially completed a training program in order to accept a job offer will be eligible for the 18-month exclusion of income.
"Substantial completion" of a training program will be completion of 75% of the program.
If a resident has completed that portion of the training program necessary to get a job and continues simultaneously with the training program, the 18-month exclusion period will begin on the date the tenant started the new job, not the date the tenant completes the training program.
The resident is not required to get a job that is directly related to the training program to be eligible for the exclusion.
Other Factors to Be Considered For self-employed resident, HHA will exclude only the net income of a resident when factoring the earnings.
The resident is required to notify HHA within 10 business days of enrolling in a qualifying training program.
Residents who have a decrease in income as a result of enrolling in a training program may request an interim examination. HHA will determine the decrease in incremental income as a result of the training program and adjust the tenant’s rent accordingly.
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Residents who do not notify HHA within 10 business days of starting a training program, and have a decrease in income, will not have their rent adjusted retroactively.
8.22 HUD-FUNDED TRAINING PROGRAMS
Amounts received under training programs funded in whole or in part by HUD are excluded from annual income. Eligible sources of funding for the training include operating subsidy, Section 8 administrative fees, and modernization, Community Development Block Grant (CDBG), HOME program, and other grant funds received from HUD.
To qualify as a training program, the program must meet the definition of training program provided above for state and local employment training programs.
8.23 EARNED INCOME TAX CREDIT
Earned income tax credit (EITC) refund payments received on or after January 1, 1991 (26 U.S.C. 32(j)), are excluded from annual income. Although many families receive the EITC annually when they file taxes, an EITC can also be received throughout the year. The prorated share of the annual EITC is included in the employee’s payroll check.
8.24 LUMP-SUM RECEIPTS
Lump-sum additions to family assets (i.e. inheritances, insurance payments inclusive of payments under health and accident insurance and worker's compensation), capital gains, and settlement for personal or property losses) are not included in income but may be included in assets.
Lump-sum payments caused by delays in processing periodic payments (unemployment or welfare assistance) are counted as income. Lump sum payments from Social Security or Supplemental Security Income are excluded from income, but any amount remaining will be considered an asset. Deferred periodic payments, which have accumulated due to a dispute, will be treated the same as periodic payments which are deferred due to delays in processing.
In order to determine the amount of retroactive tenant rent that the family owes as a result of the lump sum receipt, HHA will always calculate retroactively to date of receipt.
Retroactive Calculation Methodology HHA will go back to the date the lump-sum payment was received, or to the date of admission, whichever is closer.
HHA will determine the amount of income for each certification period, including the lump sum, and recalculate the tenant rent for each certification period to determine the amount due to HHA
The family may pay this "retroactive" amount to HHA in a lump sum or, at HHA’s option, HHA may enter into a Repayment Agreement with the family. The amount owed by the family is a collectible debt even if the family becomes unassisted.
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Attorney Fees The family's attorney’s fees may be deducted from lump-sum payments when computing annual income if the attorney's efforts have recovered a lump-sum compensation, and the recovery paid to the family does not include an additional amount in full satisfaction of the attorney’s fees.
8.25 IMPUTED WELFARE INCOME
HHA will not reduce the rent for families whose welfare assistance is reduced due to a "specified welfare benefit reduction," which is a reduction in welfare benefits due to:
Fraud by a family member in connection with the welfare program; or
Noncompliance with a welfare agency requirement to participate in an economic self- sufficiency program.
A "specified welfare benefit reduction" does not include a reduction of welfare benefits due to:
The expiration of a lifetime time limit on receiving benefits;
A situation where the family has complied with welfare program requirements but cannot or has not obtained employment (an example: the family has complied with welfare program requirements, but the durational time limit, such as a cap on the length of time a family can receive benefits, causes the family to lose their welfare benefits);
Noncompliance with other welfare agency requirements.
Definition of "Covered Family" A household that receives benefits for welfare or public assistance from a State or public agency program which requires, as a condition of eligibility to receive assistance, the participation of a family member in an economic self-sufficiency program.
Definition of Imputed Welfare Income The amount of annual income, not actually received by a family, as a result of a specified welfare benefit reduction, that is included in the family’s income for purposes of determining rent is considered imputed welfare income.
The amount of imputed welfare income is determined by HHA, based on written information supplied to HHA by the welfare agency, including:
The amount of the benefit reduction
The term of the benefit reduction
The reason for the reduction
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Subsequent changes in the term or amount of benefit reduction.
Imputed welfare income will be included at regular and interim reexaminations during the term of reduction of welfare benefits.
The amount of imputed welfare income will be offset by the amount of additional income a family receives that begins after the sanction was imposed. When additional income is at least equal to the imputed welfare income, the imputed income will be reduced to zero.
If the family was not an assisted tenant of public housing when the welfare sanction began, imputed welfare income will not be included in annual income.
Verification Before Denying a Request to Reduce Rent HHA will obtain written verification from the welfare agency stating that the family's benefits have been reduced because of fraud or noncompliance before denying the family's request for rent reduction. HHA will rely on the welfare agency’s written notice to HHA regarding welfare sanctions.
Family Dispute of Amount of Imputed Welfare Income If the family disputes the amount of imputed income and HHA denies the family’s request to modify the amount, HHA will provide the tenant with a notice of denial, which will include:
An explanation for HHA’s determination of the amount of imputed welfare income.
A statement that the tenant may request an informal hearing.
A statement that the information received from the welfare agency cannot be disputed at the informal hearing, and the issue to be examined at the informal hearing will be HHA’s determination of the amount of imputed welfare income, not the welfare agency’s determination to sanction the welfare benefits.
If the resident requests a grievance hearing, The resident is not required to pay an escrow deposit pursuant to for the portion of tenant rent attributable to the imputed welfare income in order to obtain a grievance hearing on the HHA determination.
Family Dispute of Amount of Imputed Welfare Income If the family disputes the amount of imputed income and HHA denies the family’s request to modify the amount, HHA will provide the tenant with a notice of denial, which will include:
An explanation for HHA’s determination of the amount of imputed welfare income.
A statement that the tenant may request an informal hearing.
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A statement that the information received from the welfare agency cannot be disputed at the informal hearing, and the issue to be examined at the informal hearing will be HHA’s determination of the amount of imputed welfare income, not the welfare agency’s determination to sanction the welfare benefits.
If the resident requests a grievance hearing, The resident is not required to pay an escrow deposit pursuant to for the portion of tenant rent attributable to the imputed welfare income in order to obtain a grievance hearing on the HHA determination.
8.26 EARNED INCOME DISALLOWANCE (EID)
Effective April 7, 2016, HUD implemented revised guidance and regulation on the Earned Income Disregard. The policies below represent the revised EID requirements. Families eligible for and participating in the disallowance of earned income under this section prior to May 9, 2016 will continue to be governed by the EID as it existed immediately prior to that date.
Eligibility This disallowance applies only to individuals in families already participating in the public housing program (not at initial examination).
A qualified individual is an individual who is participating in the public housing program and: Whose annual income increases as a result of employment of a family member who was previously unemployed for one or more years prior to employment.
Whose annual income increases as a result of increased earnings by a family member whose earnings increase during participation in an economic self-sufficiency or job-training program.
Whose annual income increases as a result of new employment or increased earnings by a family member who has received benefits or services under Temporary Assistance for Needy Families (TANF) or any other state program funded under Part A of Title IV of the Social Security Act within the past six months. If the benefits are received in the form of monthly maintenance, there is no minimum amount. If the benefits or services are received in a form other than monthly maintenance, such as onetime payments, wage subsidies, or transportation assistance, the total amount received over the six-month period must be at least $500.
Description of the EID Once a family member is determined to be eligible for the EID, the 24–calendar month period starts;
If the family member discontinues the employment that initially qualified the family for the EID, the 24–calendar month period continues;
During the 24–calendar month period, EID benefits are recalculated based on changes to family member income and employment (no change from current practice);
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During the first 12 months of the 24-calendar month period, HHA will exclude all increased income resulting from the qualifying employment of the family member. After the first 12- calendar month period, HHA must exclude from annual income of the family at least 50 percent of any increase in income of such family member as a result of employment over the family member’s income before the qualifying event (i.e., the family member’s baseline income);
The EID benefit is limited to a lifetime 24-month period for the qualifying family member;
At the end of the 24 months, the EID ends regardless of how many months were “used.”
Example of How the EID Works
Time Frame EID Under this Regulation January 2017 Carl begins working and is eligible for EID. Month 1 100% of Carl’s increase in earned income is excluded
July 2017 Carl is laid off. Month 7 EID “clock” continues to run.
January 2018 Carl’s second 12-month period begins Month 13
February 2018 Carl begins working again. Month 14 50% of the increase in earned income due to Carl’s employment is excluded. December 2018 This is the final month during which Carl Month 24 receives his EID benefit.
Applicability to Training Income Exclusions If a tenant meets the criteria for the mandatory earned income disallowance as outlined in 24 CFR 5.617, and as amended, HHA shall not deny a tenant the disallowance based on the tenant’s receipt of any prior training income exclusion.
Applicability to Child Care and Disability Assistance Expense Deductions The amount deducted for child care and disability assistance expenses necessary to permit employment shall not exceed the amount of employment income that is included in annual
ACOP: INCOME & ADJUSTED INCOME 8-15 income. Therefore, for families entitled to the earned income disallowance, the amounts of the full and phase-in exclusions from income shall not be used in determining the cap for child care and disability assistance expense deductions.
Applicability to Training Income Exclusions If a tenant meets the criteria for the mandatory earned income disallowance as outlined in 24 CFR 960.255, and as amended, HHA shall not deny a tenant the disallowance based on the tenant’s receipt of any prior training income exclusion.
8.27 TREATMENT OF OVERPAYMENT DEDUCTIONS FROM SS BENEFITS
When the Social Security Administration overpays an individual, resulting in a withholding or deduction from his or her benefit amount, HHA will perform an interim rent calculation until the overpayment is paid in full. The amount and duration of the withholding will vary depending on the amount of the overpayment and the percent of the benefit rate withheld.
Regardless of the amount withheld or the length of the withholding period, HHA will use the reduced benefit amount after deducting only the amount of the overpayment withholding from the gross benefit amount.
8.28 ASSET INCOME
The calculation of asset income sometime requires the distinction between an asset’s market value and its cash value.
MTW Policy Market Value is the face value of an asset (i.e. the value of a Certificate of Deposit). When determining asset income, HHA uses the market value of the combined assets and imputes asset income using HHA’s established passbook savings rate.
If the total Market Value of a family’s assets is $50,000 or less, HHA will exclude income from those assets. If total Market Value of a family’s assets is in excess of $50,000, HHA will include annual income from those assets.
8.29 ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE
HHA will count assets disposed of for less than fair market value during the two years preceding certification or reexamination. HHA will count the difference between the market value and the actual payment received in calculating total assets. The difference will be included in calculating total assets for two years.
Assets disposed of as a result of foreclosure or bankruptcy are not considered to be assets disposed of for less than fair market value. Assets disposed of as a result of a divorce or separation are not considered to be assets disposed of for less than fair market value.
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HHA’s minimum threshold for counting assets disposed of for less than Fair Market value is $5,000.00. If the total value of assets disposed of within the two-year period is less than $5,000.00, they will not be considered an asset.
HHA will not include the value of assets disposed of for less than fair market value unless the cumulative fair market value of all assets disposed of during the past two years exceeds the gross amount received for the assets by more than $1,000. When the two-year period expires, the income assigned to the disposed asset[s] also expires. If the two-year period ends between regular recertifications, the family may request an interim recertification to eliminate consideration of the asset[s]. Assets placed by the family in non-revocable trusts are considered assets disposed of for less than fair market value except when the assets placed in trust were received through settlements or judgments.
8.30 CHECKING AND SAVINGS ACCOUNTS
For regular checking accounts and savings accounts, cash value has the same meaning as market value. If a checking/savings account does not bear interest, the anticipated income from the account is zero.
In determining the value of a checking account, HHA will use the average monthly balance for the last six months.
In determining the value of a savings account, HHA will use the current balance.
In determining the anticipated income from an interest-bearing checking or savings account, HHA will multiply the value of the account by the current rate of interest paid on the account.
8.31 INVESTMENT ACCOUNTS SUCH AS STOCKS, BONDS, SAVINGS CERTIFICATES, AND MONEY MARKET FUNDS
Interest or dividends earned by investment accounts are counted as actual income from assets even when the earnings are reinvested. The cash value of such an asset is determined by deducting from the market value any broker fees, penalties for early withdrawal, or other costs of converting the asset to cash.
In determining the market value of an investment account, HHA will use the value of the account on the most recent investment report.
How anticipated income from an investment account will be calculated depends on whether the rate of return is known.
For assets that are held in an investment account with a known rate of return (e.g., savings certificates), asset income will be calculated based on that known rate (market value multiplied by rate of earnings). When the anticipated rate of return is not known (e.g., stocks), HHA will calculate asset income based on the earnings for the most recent reporting period.
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8.32 EQUITY IN REAL PROPERTY OR OTHER CAPITAL INVESTMENTS Equity (cash value) in a property or other capital asset is the estimated current market value of the asset less the unpaid balance on all loans secured by the asset and reasonable costs [such as broker fees] that would be incurred in selling the asset.
Equity in real property and other capital investments is considered in the calculation of asset income except for the following types of assets:
Equity accounts in HUD homeownership programs [24 CFR5.603[b]]
Equity in real property when a family member’s main occupation is real estate [HCV GB, p. 5-25]. This real estate is considered a business asset, and income related to this asset will be calculated as described in section 6-I.F.
Interests in Indian Trust lands [24 CFR 5.603[b]]
Real property and capital assets that are part of an active business or farming operation [HCV GB, p. 5-25]
HHA will also deduct from the equity the reasonable costs for converting the asset to cash.
A family may have real property as an asset in two ways: [1] owning the property itself and [2] holding a mortgage or deed of trust on the property. In the case of a property owned by a family member, the anticipated asset income generally will be in the form of rent or other payment for the use of the property. If the property generates no income, actual anticipated income from the asset will be zero.
In the case of a mortgage or deed of trust held by a family member, the outstanding balance [unpaid principal] is the cash value of the asset. The interest portion only of payments made to the family in accordance with the terms of the mortgage or deed of trust is counted as anticipated asset income.
In the case of capital investments owned jointly with others not living in a family’s unit, a prorated share of the property’s cash value will be counted as an asset unless HHA determines that the family receives no income from the property and is unable to sell or otherwise convert the asset to cash.
Trusts A trust is a legal arrangement generally regulated by state law in which one party [the creator or grantor] transfers property to a second party [the trustee] who holds the property for the benefit of one or more third parties [the beneficiaries].
Revocable Trusts If any member of a family has the right to withdraw the funds in a trust, the value of the trust is considered an asset [HCV GB, p. 5-25]. Any income earned as a result of investment of trust
ACOP: INCOME & ADJUSTED INCOME 8-18 funds is counted as actual asset income, whether the income is paid to the family or deposited in the trust.
Non-revocable Trusts In cases where a trust is not revocable by, or under the control of, any member of a family, the value of the trust fund is not considered an asset. However, any income distributed to the family from such a trust is counted as a periodic payment or a lump-sum receipt, as appropriate [24 CFR 5.603[b]]. Lump-sum receipts are discussed earlier in this section.
Retirement Accounts Company Retirement/Pension Accounts In order to correctly include or exclude as an asset any amount held in a company retirement or pension account by an employed person, HHA must know whether the money is accessible before retirement [HCV GB, p. 5-26].
While a family member is employed, only the amount the family member can withdraw without retiring or terminating employment is counted as an asset [HCV GB, p. 5-26].
After a family member retires or terminates employment, any amount distributed to the family member is counted as a periodic payment or a lump-sum receipt, as appropriate [HCV GB, p. 5- 26], except to the extent that it represents funds invested in the account by the family member. The balance in the account is counted as an asset only if it remains accessible to the family member.
IRA, Keogh, and Similar Retirement Savings Accounts IRA, Keogh, and similar retirement savings accounts are counted as assets even though early withdrawal would result in a penalty [HCV GB, p. 5-25].
Personal Property Personal property held as an investment, such as gems, jewelry, coin collections, antique cars, etc., is considered an asset [HCV GB, p. 5-25].
In determining the value of personal property held as an investment, HHA will use the family’s estimate of the value. However, HHA also may obtain an appraisal if appropriate to confirm the value of the asset. The family must cooperate with the appraiser but cannot be charged any costs related to the appraisal.
Generally, personal property held as an investment generates no income until it is disposed of. If regular income is generated [e.g., income from renting the personal property], the amount that is expected to be earned in the coming year is counted as actual income from the asset. Necessary items of personal property are not considered assets [24 CFR 5.603[b]].
Necessary personal property consists of items such as clothing, furniture, household furnishings, jewelry that is not held as an investment, and vehicles, including those specially equipped for persons with disabilities.
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8.33 LIFE INSURANCE
The cash value of a life insurance policy available to a family member before death, such as a whole life or universal life policy, is included in the calculation of the value of the family’s assets.
The cash value is the surrender value. If such a policy earns dividends or interest that the family could elect to receive, the anticipated amount of dividends or interest is counted as income from the asset whether or not the family actually receives it.
8.34 PASSBOOK SAVINGS RATE
HHA will establish a passbook rate within 75 basis points (plus or minus .75 percent) of the Savings National Rate in effect at the time HHA establishes the passbook rate. The passbook rate may not be less than 0 percent. HHA will apply this policy to calculate asset income for applicants and tenants. For example, if the published FDIC Savings National Rate is .12% HHA might add 75 basis points (.75 percent) for a passbook savings rate of .87%.
8.35 ADJUSTED INCOME
Adjusted income is calculated by subtracting allowable deductions and allowances from annual income
8.36 DEDUCTIONS
In determining adjusted income, HHA will deduct the following amounts from annual income:
Dependent allowance: A deduction of $480 is taken for each dependent, which is defined as any family member other than the head, spouse, or co-head who is under the age of 18 or who is 18 or older and is a person with disabilities or a full-time student. Foster children, foster adults, and live-in aides are never considered dependents.
"Elderly" allowance: $400 per household for families whose head, co-head or spouse is 62 or over or are persons with disabilities. A single deduction of $400 is taken for the family.
The sum of the following, to the extent the sum exceeds three percent of annual income:
o Allowable medical expenses for all family members are deducted for elderly families and families whose head, spouse or co-head is a person with a disability.
o Unreimbursed reasonable attendant care or auxiliary apparatus for persons with disabilities if needed to enable the individual or an adult family member to work. This deduction may not exceed the earned income received by family members who are 18 years of age or older and who are able to work because of such attendant care or auxiliary apparatus.
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Childcare expenses for children under 13 are deducted when child care is necessary to allow an adult family member to work, actively seek work, or attend school (including vocational training).
8.37 MEDICAL EXPENSE DEDUCTION
Unreimbursed medical expenses may be deducted to the extent that, in combination with any disability assistance expenses, they exceed three percent of annual income.
The medical expense deduction is permitted only for families in which the head, spouse, or co- head is elderly or is a person with a disability. If a family is eligible for a medical expense deduction, the medical expenses of all family members are counted.
“Medical expenses” include medical insurance premiums, and medical expenses that are anticipated during the period for which annual income is computed, and which is not covered by insurance.
The most current IRS Publication 502, Medical and Dental Expenses, will be used to determine the costs that qualify as medical expenses. Over-the-counter products will not be eligible for deductions as medical expenses unless they are accompanied by a doctor’s prescription. See Summary of Allowable Medical Expenses from IRS Publication 502 in CHAPTER 7.35.2.
8.38 DISABILITY ASSISTANCE EXPENSE DEDUCTION
Reasonable expenses for attendant care and auxiliary apparatus for a family member with a disability may be deducted if they:
Are necessary to enable a family member 18 years or older to work;
Are not paid to a family member or reimbursed by an outside source;
In combination with any medical expenses, exceed three percent of annual income; and
Do not exceed the earned income received by the family member who is enabled to work.
Earned Income Limit on the Disability Assistance Expense Deduction A family can qualify for the disability assistance expense deduction only if at least one family member (who may be the person with disabilities) is enabled to work.
The disability expense deduction is capped by the amount of “earned income received by family members who are 18 years of age or older and who are able to work” because of the expense. The earned income used for this purpose is the amount verified before any earned income disallowances or income exclusions are applied.
The family must identify the family member enabled to work as a result of the disability assistance expenses. In evaluating the family’s request, HHA will consider factors such as how
ACOP: INCOME & ADJUSTED INCOME 8-21 the work schedule of the relevant family members relates to the hours of care provided, the time required for transportation, the relationship of the family members to the person with disabilities, and any special needs of the person with disabilities that might determine which family members are enabled to work.
When HHA determines that the disability assistance expenses enable more than one family member to work, the disability assistance expenses will be capped by the sum of the family members’ incomes.
Eligible Disability Expenses Expenses incurred for maintaining or repairing an auxiliary apparatus are eligible. In the case of an apparatus that is specially adapted to accommodate a person with disabilities (e.g., a vehicle or computer), the cost to maintain the special adaptations (but not maintenance of the apparatus itself) is an eligible expense. The cost of service animals trained to give assistance to persons with disabilities, including the cost of acquiring the animal, veterinary care, food, grooming, and other continuing costs of care, will be included as an eligible expense.
Eligible Attendant Care The family identifies and HHA verifies the type of attendant care that is appropriate for the person with disabilities. Attendant care includes, but is not limited to, reasonable costs for home medical care, nursing services, in-home or center-based care services, interpreters for persons with hearing impairments, and readers for persons with visual disabilities.
Attendant care expenses will be included for the period that the person enabled to work is employed plus reasonable transportation time. The cost of general housekeeping and personal services is not an eligible attendant care expense. However, if the person enabled to work is the person with disabilities, the cost of personal services necessary to enable the person with disabilities to work is an eligible expense.
Disability Expense Payments to Family Members No disability expenses may be deducted for payments to a member of an assisted family. However, expenses paid to a relative who is not a member of the tenant family may be deducted if they are not reimbursed by an outside source.
Necessary and Reasonable Expenses The family identifies and HHA verifies the type of care or auxiliary apparatus to be provided. The family must describe how the expenses enable a family member to work. The family must certify that the disability assistance expenses are necessary and are not paid for or reimbursed by any other source.
8.39 CHILD CARE EXPENSE DEDUCTION
Child care expenses are amounts anticipated to be paid by the family for the care of children under 13 years of age during the period for which annual income is computed, but only where such care is necessary to enable a family member to actively seek employment, be gainfully employed, or to further his or her education and only to the extent such amounts are not
ACOP: INCOME & ADJUSTED INCOME 8-22 reimbursed. The amount deducted shall reflect reasonable charges for child care. In the case of child care necessary to permit employment, the amount deducted shall not exceed the amount of employment income that is included in annual income.
Child care expenses do not include child support payments made to another on behalf of a minor who is not living in an assisted family’s household. However, child care expenses for foster children that are living in the assisted family’s household are included when determining the family’s child care expenses.
Determining Who Is Enabled to Pursue an Eligible Activity The family must identify the family member(s) enabled to pursue an eligible activity in order to receive the child care deduction. The term eligible activity in this section means any of the activities that may make the family eligible for a child care deduction (seeking work, pursuing an education, or being gainfully employed).
In evaluating the family’s request, HHA will consider factors such as how the schedule for the claimed activity relates to the hours of care provided, the time required for transportation, the relationship of the family member(s) to the child, and any special needs of the child that might help determine which family member is enabled to pursue an eligible activity.
Seeking Work If the child care expense being claimed is to enable a family member to seek employment, the family must provide evidence of the family member’s efforts to obtain employment at each reexamination. The deduction may be reduced or denied if the family member’s job search efforts are not commensurate with the child care expense being claimed.
Furthering Education If the child care expense being claimed is to enable a family member to further his or her education, the member must be enrolled in school (academic or vocational) or participating in a formal training program. The family member is not required to be a full-time student, but the time spent in educational activities must be commensurate with the child care claimed.
Being Gainfully Employed If the child care expense being claimed is to enable a family member to be gainfully employed, the family must provide evidence of the family member’s employment during the time that child care is being provided. Gainful employment is any legal work activity (full- or part-time) for which a family member is compensated.
Earned Income Limit on Child Care Expense Deduction When a family member looks for work or furthers his or her education, the amount that may be deducted for child care will be based on Department of Social Services purchase of care rates. However, when child care enables a family member to work, the deduction is capped by the amount of employment income that is included in annual income. The earned income used for this purpose is the amount of earned income verified after any earned income disallowances or income exclusions are applied.
ACOP: INCOME & ADJUSTED INCOME 8-23
When the person who is enabled to work is a person who receives the earned income disallowance (EID) or a full-time student whose earned income above $480 is excluded, child care costs related to enabling a family member to work may not exceed the portion of the person’s earned income that actually is included in annual income. For example, if a family member who qualifies for the EID makes $15,000 but because of the EID only $5,000 is included in annual income, child care expenses are limited to $5,000.
When the child care expense being claimed is to enable a family member to work, only one family member’s income will be considered at a time.
Eligible Child Care Expenses The type of care to be provided is determined by the tenant family. HHA will not refuse to give a family the child care expense deduction because there is an adult family member in the household that may be available to provide child care.
Allowable Child Care Activities For school-age children, costs attributable to public or private school activities during standard school hours are not considered. Expenses incurred for supervised activities after school or during school holidays (i.e., summer day camp, after-school sports league) are allowable forms of child care.
The costs of general housekeeping and personal services are not eligible. Likewise, child care expenses paid to a family member who lives in the family’s apartment are not eligible; however, payments for child care to relatives who do not live in the apartment are eligible.
Necessary and Reasonable Costs Child care expenses will be considered necessary if: (1) a family adequately explains how the care enables a family member to work, actively seek employment, or further his or her education, and (2) the family certifies, and the child care provider verifies, that the expenses are not paid or reimbursed by any other source. Child care expenses will be considered for the time required for the eligible activity plus reasonable transportation time.
To establish the reasonableness of child care costs, HHA will use the schedule of child care costs from the Department of Social Services. Families may present, and HHA will consider, justification for costs that exceed typical costs that exceed typical costs in the area.
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CHAPTER 9: CALCULATING TOTAL TENANT PAYMENT & RENT
9.1 INTRODUCTION
The accurate calculation of annual income and adjusted income will ensure that families are paying the correct amount of rent pursuant to applicable regulations and the MTW Plan. This chapter defines the allowable deductions from annual income and how the presence or absence of household members may affect the total tenant payment (TTP) and tenant rent.
9.2 TOTAL TENANT PAYMENT FORMULA (TTP) FOR INCOME BASED RENT
TTP is the highest of the following amounts:
30 percent of the family’s monthly adjusted income
10 percent of the family’s monthly gross income
The minimum rent
Welfare Rent Welfare rent does not apply in this locality.
9.3 MINIMUM RENT
HHA has established a minimum rent of $50.00. Tenants are required to pay at least the amount established as the minimum rent. HHA may grant an exemption due to financial hardship, see FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT.
9.4 FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT
HHA will grant an exemption from the minimum rent if a household can document that they are unable to pay the minimum rent because of a long term hardship (over 90 days). The minimum rent financial hardship exemption applies only to families required to pay the minimum rent. If a household’s TTP is higher than the minimum rent, the household is not eligible for a minimum rent hardship exemption.
Situations under which households would qualify for the hardship exemption from minimum rent are limited to the following:
The household has lost eligibility for or is applying for an eligibility determination for a federal, State or local assistance program;
The household would be evicted as result of the imposition of the minimum rent requirements;
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The income of the household has decreased because of changed circumstances, including loss of employment; or
A death in the household has occurred. In order to qualify under this provision, a household must describe how the death has created a financial hardship (i.e., because of funeral-related expenses or the loss of the household member’s income).
To qualify for a minimum rent hardship exemption, a household must submit a request for a hardship exemption in writing. The request must explain the nature of the hardship and how the hardship has affected the household’s ability to pay the minimum rent.
9.4.1 DETERMINATION OF RENT HARDSHIP EXEMPTION
When a family requests a minimum rent hardship exemption, HHA will suspend the minimum rent requirement beginning the first of the month following the family’s request. HHA will then determine whether the financial hardship exists and whether the hardship is temporary or long- term.
HHA defines temporary hardship as a hardship expected to last 90 days or less. Long term hardship is defined as a hardship expected to last more than 90 days.
When the minimum rent is suspended, the family share reverts to the highest of the remaining components of the calculated TTP. The example below demonstrates the effect of the minimum rent exemption.
Example: Impact of Minimum Rent Exemption HHA has established a minimum rent of $50. Description Amount 30% of monthly adjusted $0 income 10% of monthly gross income $15 Welfare Rent N/A Minimum Rent $50 Hardship exemption granted TTP = $15 Family received an exemption from the minimum rent due to a financial hardship
9.4.2 NO FINANCIAL HARDSHIP
If HHA determines there is no minimum rent financial hardship, HHA will reinstate the minimum rent and require the family to repay the amounts suspended.
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HHA will require the family to repay the suspended amount within 30 calendar days of HHA’s notice that a hardship exemption has not been granted.
9.4.3 TEMPORARY HARDSHIP
If HHA determines that a qualifying minimum rent financial hardship is temporary, HHA will not impose the minimum rent during the 90-day suspension period. At the end of the 90-day suspension period, HHA will reinstate the minimum rent from the beginning of the first of the month following the date of the family’s request for a hardship exemption.
The family must resume payment of the minimum rent and must repay HHA the amounts suspended in accordance with HHA’s repayment agreement policy.
9.4.4 LONG-TERM HARDSHIP
If HHA determines that the minimum rent financial hardship is long-term, HHA will exempt the family from the minimum rent requirement for so long as the hardship continues. The minimum rent hardship exemption will apply from the first of the month following the family’s request until the end of the qualifying hardship. When the minimum rent financial hardship has been determined to be long-term, the family is not required to repay the minimum rent. Families approved for the exemption from minimum rent are required to re-verify the financial hardship every 120 days.
The minimum rent hardship period ends when the family’s calculated TTP is greater than the minimum rent.
For minimum rent hardship conditions based on loss of income, the minimum rent hardship condition will continue to be recognized until new sources of income are received to enable the family to pay at least the minimum rent.
For hardship conditions based upon hardship-related expenses, the minimum rent exemption will continue to be recognized until the cumulative amount exempted is equal to the expense incurred.
When the minimum rent is suspended, the tenant rent reverts to the highest of the remaining components of the calculated TTP.
9.5 FLAT RENTS
Flat rent is designed to encourage self-sufficiency and to avoid creating disincentives for continued residency by families who are attempting to become economically self-sufficient. Change in family income, expenses, or composition do not affect the flat rent amount because it is outside the income-based formula.
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HHA will provide each family residing in a public housing unit that is eligible for a flat rent, on an annual basis, the choice to pay: Income based rent; or
HHA-established flat rent.
HHA will provide sufficient information to families to make an informed choice, including the policy on changing from flat rent to income based rent due to financial hardship and the dollar amount of the rent under each option. Policies related to reexamination of families paying flat rent are contained in CHAPTER 13: REEXAMINATIONS AND CONTINUED OCCUPANCY.
9.5.1 ESTABLISHING FLAT RENTS
For each public housing unit, HHA will set the flat rent amount at no less than eighty percent (80%) of the applicable HUD Fair Market Rent (FMR) adjusted, if necessary, to account for reasonable utility costs.
9.5.2 ANNUAL UPDATE OF FLAT RENTS
No later than 90 days after HUD publishes new annual FMRs, HHA will revise flat rents as necessary based on the rent reasonableness analysis and changes to the FMR.
HHA will offer changes to the flat rent to all new admissions and to existing families at the next regular reexamination or during the flat rent update for those families already paying flat rents.
Annual flat rent increases will be limited to 35 percent of the existing flat rent amount. If the increase is 35 percent or less, there will be no phase-in.
9.5.3 POSTING OF FLAT RENTS
HHA will publicly post the schedule of flat rents in HHA’s central office and in each of the development management offices will publicly post the schedule of the flat rents in their management offices.
9.5.4 DOCUMENTATION OF FLAT RENTS
HHA will maintain records that document the method used to determine flat rents, and that show how flat rents were determined by HHA in accordance with this method.
9.5.5 CHANGING FROM FLAT RENT TO INCOME-BASED RENT DUE TO HARDSHIP
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A family can opt to change from flat rent to income-based rent if they are unable to pay the flat rent due to financial hardship. All hardship situations will be verified.
Upon determination by HHA that a financial hardship exists, HHA will allow a family to change from flat rent to income-based rent effective the first of the month following the family’s approved request.
If a family changes from flat rent to an income based rent due to a financial hardship, the family will not be offered the option to change back to flat rent until the next regular reexamination.
Reasons for financial hardship include: The family has experienced a decrease in income that will last at least 120 days because of changed circumstances, including loss or reduction of employment, death in the family, or reduction in or loss of earnings or other assistance that would affect the rent calculation;
The family has experienced an increase in expenses, because of changed circumstances, for medical costs, child care, transportation, education, or similar items that would affect the rent calculation; or
Such other situations determined by HHA as appropriate because they would affect the rent calculation.
9.5.6 FLAT RENT AND TRANSFERS
When a family has chosen to pay a flat rent and is being transferred to a unit that has a higher or lower flat rent amount, the family will be given a choice to select a rent option.
9.5.7 FLAT RENTS AND EARNED INCOME DISALLOWANCE (EID)
Because the EID is a function of income-based rents, a family paying flat rent cannot qualify for the EID even if a family member experiences an event that would qualify the family for the EID.
If the family later chooses to pay income-based rent, they would only qualify for the EID if a new qualifying event occurred.
A family currently paying flat rent that previously qualified for the EID while paying income- based rent and is currently within their exclusion period would have the exclusion period continue while paying flat rent as long as the employment that is the subject of the exclusion continues. A family paying flat rent could therefore see a family member’s exclusion period expire while the family is paying flat rent
9.5.8 FLTAT RENTS AND MIXED FAMIIES
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HUD regulations prohibit assistance to ineligible family members. A mixed family is one that includes at least one U.S. citizen or eligible immigrant and any number of ineligible family members. HHA will prorate the assistance provided to a mixed family. HHA will first determine TTP as if all family members were eligible and then prorate the rent based upon the number of family members that actually are eligible. To do this, HHA will:
Determine the total tenant payment in accordance with 24 CFR §5.628. (Annual income includes income of all family members, including any family member who has not established eligible immigration status.)
Family maximum rent is equal to the applicable flat rent for the unit size to be occupied by the family.
Subtract the total tenant payment from the family maximum rent. The result is the maximum subsidy for which the family could qualify if all members were eligible (“family maximum subsidy”).
Divide the family maximum subsidy by the number of persons in the family to determine the maximum subsidy per each family member who is eligible. The subsidy per eligible family member is the “member maximum subsidy.”
Multiply the member maximum subsidy by the number of eligible family members. The product of this calculation is the “eligible subsidy.”
Subtract the subsidy calculated in the last step from the flat rent. This is the prorated TTP
Subtract any applicable utility allowance from the mixed family TTP. The result of this calculation is the mixed family tenant rent.
When the mixed family’s TTP is greater than the applicable flat rent, use the TTP as the prorated TTP. The prorated TTP minus the utility allowance is the prorated rent for the mixed family
Revised public housing flat rents will be applied to a mixed family’s rent calculation at the first regular reexamination after the revision is adopted.
An example of the rent calculation for mixed families is provided below.
Family of 4 with an annual income of $20,000, and one family member that is not eligible to receive subsidy. The flat rent is $600. The applicable utility allowance is $100 per month.
Steps Calculation
Step 1: Determination of TTP $500
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Step 2: Determination of Applicable flat rent Maximum Rent
Step 3: Determination of Family $600 – $500 = $100 Maximum Subsidy
Step 4: Determination of $100 \ 4 = $25 Member Maximum Subsidy
Step 5: Determination of Eligible 3 * $25 = $75 Subsidy
Step 6: Determination of Mixed- Family $600 – $75 = $525 TTP
Step 7: Determination of Mixed- Family $525 – $100 = $425 Rent
9.6 UTILITY ALLOWANCES
Utility allowances are applied to families when the cost of utilities is not included in the rent. Tenants will pay for all other utilities, related deposits and charges on Tenant's utility bills. All utilities must be turned on for the duration of the Tenant’s Lease Agreement with HHA. Utilities not supplied by HHA must be in the name of the Head of Household or Co-Head of Household only. Failure to maintain active utility service, for all utilities, in the name of the Head of Household or Co-Head of Household will be considered a breach of the Lease.
When determining a family’s utility allowance, HHA will use the utility allowance applicable to the type of dwelling unit leased by the family. In certain circumstances, i.e. legal directives, HHA will pay the utility allowance for tenant paid utilities directly to the utility provider
9.6.1 UTILITY ALLOWANCE PAYMENTS
Certain tenants residing in units with tenant-paid utilities are eligible for a utility allowance payment. The utility allowance payment is the amount, if any, by which the utility allowance for the unit, if applicable, exceeds the total tenant payment (TTP) for the family occupying the unit.
HHA may pay the utility reimbursement directly to the household or to the utility supplier on behalf of the household. If HHA chooses to pay the utility supplier directly, HHA will notify the household of the amount paid to the utility supplier.
HHA may elect to make utility payments on a quarterly basis if and when the utility payment totals $45 or less per quarter. In the event HHA adopts such a policy and if the family leaves the program in advance of its next quarterly utility payment, HHA will reimburse the family for a pro-rated share of the applicable utility payment.
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Where HHA elects to exercise the quarterly utility payment option, families may submit a written request for a hardship if receipt of quarterly utility payments would pose a financial hardship on the family. HHA will review such requests on a case by case basis and provide a written determination on the outcome within a reasonable time period.
Financial hardship for the utility payment policy may be granted when and if a family demonstrates a situation in which the family cannot stay current with utility bills unless utility payments are received monthly. Verification of such hardship will include review of utility bills and related arrearages totaling more than two month’s average cost.
9.7 REVISIONS TO UTILITY ALLOWANCES
Revised utility allowance schedules for residents who pay utilities directly to the utility company will be applied to a family’s rent calculations at the first regular reexamination after the allowance is adopted.
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CHAPTER 10: LEASING
10.1 INTRODUCTION
All units must be occupied pursuant to a dwelling lease agreement between HHA and the resident. This chapter describes pre-leasing activities and HHA’s policies pertaining to lease execution, security deposits, other charges, and additions to the lease.
10.2 LEASE TERM & RENEWAL
The initial term of the lease will be for 12 months. The lease will renew automatically for 12- month terms unless the resident has violated the community service requirement as described in the chapter on COMMUNITY SERVICE. An annual signing process is not required because the lease automatically renews for terms of 12 months.
10.3 LEASE ORIENTATION
After unit acceptance, but prior to occupancy, HHA will provide a lease orientation to the family. The head of household is required to participate.
10.4 EXECUTION OF LEASE
The lease is incorporated into this policy by reference. The lease document will reflect current HHA policies as well as applicable federal, state and local law.
At the time of execution of the lease, the family must provide to HHA a security deposit (see SECURITY DEPOSITS).
The following provisions govern lease execution and amendments:
A lease is executed at the time of admission for all new residents.
A new lease is executed at the time of the transfer of a resident from one HHA unit to another HHA unit.
Lease signers must be persons legally eligible to execute contracts.
Changes to resident rents are made upon the preparation and execution of a notice of rent adjustment by HHA, which becomes an attachment to the lease. Documentation of a change to a resident’s rent will be included in the resident file.
Households that include a live-in aide must sign the form in which both the head of household and the live-in aide acknowledge that the live-in aide is not a party to the lease.
10.5 MODIFICATIONS TO THE LEASE
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HHA may modify their forms of lease from time to time. HHA will provide residents with at least 30 calendar days advance notice of the proposed changes to the lease and an opportunity to comment on the changes. All comments will be considered before formally adopting changes to the lease.
After proposed changes have been approved by the Board of Commissioners and incorporated into the HHA lease, each family will be notified at least 60 calendar days in advance of the effective date of the new lease or lease revisions. A resident's refusal to accept permissible and reasonable lease modifications that are made in accordance with HUD requirements, or are required by HUD, is grounds for termination of tenancy.
Schedules of special charges and rules and regulations are subject to modification or revision. Because these schedules are incorporated into the lease by reference, residents and resident organizations will be provided at least 30 calendars days’ written notice of the reason(s) for any proposed modifications or revisions, and must be given an opportunity to present written comments. The notice will be delivered directly or mailed to each resident; or posted in at least three conspicuous places within each structure or building in which the affected dwelling units are located, as well as in a conspicuous place at the management office, if any, or if none, a similar central business location within the development or site.
A resident's refusal to accept permissible and reasonable lease modifications is grounds for termination of tenancy.
10.5.1 CHANGES IN FAMILY COMPOSITION
The lease will be modified to reflect all changes in family composition. Policies related to when and how changes in family composition must be reported are set forth in the chapter on REEXAMINATION AND CONTINUED OCCUPANCY.
10.6 TERMINATION OF THE LEASE
Termination of the resident's lease is to be in accordance with the provisions contained in the lease agreement and as stated in this policy (see CHAPTER 20: TERMINATIONS).
10.7 SECURITY DEPOSITS
Residents must pay a security deposit to HHA at the time of admission.
The amount of the security deposit will be equal to the greater of $50.00 or one month’s Total Tenant Payment at the time of move-in, and must be paid in full prior to occupancy.
HHA will hold the security deposit for the period the family occupies the unit. HHA will not use the security deposit for rent or other charges while the tenant is living in the unit.
Within thirty (30) days of move-out, HHA will refund to the tenant the amount of the security deposit, if any, less any amount needed to pay the cost of:
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Unpaid rent;
Damages listed on the move-out inspection report that exceed normal wear and tear; and
Other charges due under the lease.
HHA will provide the resident or resident’s designee with a written list of any charges against the security deposit
If the resident transfers to another unit, HHA will transfer the security deposit to the new unit. The tenant will be billed for any maintenance or other charges due for the “old” unit.
10.8 PAYMENTS UNDER THE LEASE
10.8.1 RENT PAYMENTS
Families must pay the amount of the monthly tenant rent determined by HHA in accordance with its policies.
The lease specifies the initial amount of the tenant rent at the beginning of the initial lease term. The tenant rent is due and payable in advance of the first calendar day of each month at HHA specified locations. HHA will not accept rent payments in cash. Residents who have submitted a check that is returned for insufficient funds shall be required to make all future payments by cashier’s check or money order.
10.8.2 FEES AND NON-PAYMENT PENALTIES
The requirements relating to fees and nonpayment penalties are set forth in the lease.
HHA will assess and collect a fee of $25.00 if the monthly rent is more than 30 days late. The fee will be charged each month that a balance remains 30 days after the due date. Rent paid will be applied to the oldest outstanding balance due. HHA will provide the resident written notice of the amount of any charge in addition to Tenant Rent, and when the charge is due.
Any rent payment received will be applied to the oldest rent charges in the resident's account.
When HHA has been informed that a resident’s check has been returned for insufficient funds, the resident will be notified and the rent is to be satisfied by the payment of the outstanding amount using HHA approved payment options immediately upon such notification to the resident. HHA will always consider the rent unpaid when a check is returned because of insufficient funds or a check is written on a closed account.
Repeated late payment of rent and/or other charges is grounds for termination of the Lease. See CHAPTER 20: TERMINATIONS).
10.9 POSTING SCHEDULES OF CHARGES AND UTILITY ALLOWANCES
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Schedules of charges for services and repairs and the utility allowance schedule shall be publicly posted in a conspicuous manner in the management office and will be provided to applicants and residents upon request.
10.10 MAINTENANCE AND DAMAGE CHARGES
In instances where HHA charges the resident for maintenance and repair beyond normal wear and tear, the lease will state the basis for the determination of such charges.
Charges for maintenance and repair beyond normal wear and tear are not due and collectible until two weeks after the resident receives the written notice. The written notice is considered an adverse action, and will meet the requirements governing a notice of adverse action. HHA will not take the proposed action until the time for the resident to request a grievance hearing has expired, or if a hearing was requested within the required timeframe, the grievance process has been completed.
Nonpayment of maintenance and damage charges is a violation of the lease and is grounds for eviction.
10.11 UTILITY CHARGES
Residents responsible for direct payment of utilities must abide by any and all regulations of the specific utility company, including regulations pertaining to advance payments of deposits. Failure to maintain utility services during tenancy is a lease violation and grounds for eviction.
At developments where utilities are provided by HHA, a charge will be assessed for excess utility consumption. Where applicable, charges for excess utility consumption will be due and collectible until two weeks after the resident receives the written notice. The written notice is considered an adverse action and will meet the requirements governing a notice of adverse action.
Non-payment of excess utility consumption charges to HHA is a violation of the lease and is grounds for eviction.
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CHAPTER 11: INSPECTIONS
11.1 INPECTIONS
HHA inspects each dwelling unit prior to move-in, at move-out, and annually during occupancy. Additionally, HHA may require additional inspections, in accordance with HHA Policy. This chapter contains HHA’s policies governing inspections, notification of entry and inspection results.
11.1.1 INITIAL HQS INSPECTION
HHA and the family will inspect the premises prior to occupancy of the unit in order to determine the condition of the unit and equipment in the unit. A copy of the initial inspection, signed by HHA and the family, will be kept in the resident file.
The head of household or co-head must sign the inspection form.
11.1.2 VACATE INSPECTIONS
HHA will perform a move-out inspection when the resident vacates the unit. The resident will be given notice of the right to participate in the move-out inspection unless the resident vacates without notice to HHA.
The purpose of this inspection is to determine necessary maintenance and whether there are damages that exceed normal wear and tear. HHA will determine if there are damages to the unit caused by the resident. Damages caused by the resident may affect part or all of the resident’s security deposit. HHA will provide the resident a statement of any charges to be made for maintenance and damage beyond normal wear and tear.
The move-out inspection also assists HHA in determining the time and extent of the preparation and repairs necessary to make the unit ready for the next resident.
11.1.3 REGULAR INSPECTIONS - ANNUAL
HHA will inspect all units and common areas annually using HUD's Uniform Physical Condition Standards (UPCS) as a guideline to ensure that the units and sites are maintained in decent safe and sanitary condition.
11.1.4 SPECIAL INSPECTIONS
HHA may conduct a special inspection for any of the following reasons: Housekeeping
Unit condition
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Suspected lease violation
Preventive maintenance
Routine maintenance
There is reasonable cause to believe an emergency exists
11.1.5 REAL ESTATE ASSESSMENT CENTER INSPECTIONS (REAC)
Tenants are notified in writing, at least two (2) days in advance as to the date and time of the inspection. REAC’s function is to ensure that Public Housing properties are decent, safe, sanitary and in good repair.
Applying HUD’s uniform, consistent standards, REAC personnel inspect a unit and use the results to develop a score for the property’s physical condition. The REAC physical inspection emphasizes health and safety deficiencies because health and safety deficiencies are crucial to the well-being of the tenants.
11.1.6 OTHER INSPECTIONS
HHA staff will periodically conduct walk-through inspections to determine whether there may be lease violations, adverse conditions or local code violations.
11.2 NOTICE AND SCHEDULING OF INSPECTIONS
Inspections will be conducted during business hours. If a family needs to reschedule an inspection, they must notify HHA at least 24 hours prior to the scheduled inspection.
HHA will reschedule the inspection no more than once unless the resident has a verifiable good cause to delay the inspection. HHA may request verification of such cause.
11.2.1 EMERGENCY ENTRIES
HHA may enter dwelling units at any time without advance notice when there is reasonable cause to believe that an emergency exists. If no adult household member is present at the time of an emergency entry, HHA will leave a written statement showing the date, time and purpose of the entry prior to leaving the dwelling unit.
11.2.2 NON-EMERGENCY ENTRIES
HHA will provide families with written 48 hour notice prior to entering the unit for non- emergency reasons.
Non-emergency reasons for entering a unit are:
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Maintenance and repairs
Inspections
To make improvements
An adult family member may be present in the unit during a non-emergency repair, however it is not required. If no one is in the unit, HHA will leave a notice showing the date, time and purpose of the entry prior to leaving the dwelling unit.
11.3 INSPECTION RESULTS
HHA will maintain dwelling units and the project in decent, safe and sanitary condition and make necessary repairs to dwelling units
11.3.1 EMERGENCY REPARS
If the unit is damaged to the extent that conditions are created which are hazardous to the life, health, or safety of the occupants, the resident must immediately notify HHA of the damage. Abatement of the emergency must be completed within 24 hours from the time the work order is issued.
If HHA cannot abate the emergency within 24 hours, the resident will be offered standard alternative accommodations. If HHA can neither abate the emergency condition within 24 hours nor offer alternative housing, rent shall be abated in proportion to the seriousness of the damage and loss in value as a dwelling. Rent shall not be abated if the damage was caused by a household member or guest, or if the resident rejects the alternative accommodations.
The following items are considered emergency in nature and require immediate (less than 24 hour) response:
Lock-out (with proper identification of resident)
Broken lock which affects unit security
Broken window glass which affects unit security, is a cutting hazard, or occurs during inclement weather (to be secured or abated)
Plumbing leaks that can cause flooding or damage to the unit
Natural gas leaks or smell of fumes
Backed-up sewage
Electrical hazard
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Units in which the temperature is below 68 degrees because of defective or broken heaters.
Units with elderly residents or residents with disabilities in which HHA-owned air conditioners are inoperable during the summer or in which the refrigerators are inoperable.
Inoperable smoke detectors will be treated as a 24-hour emergency and will be replaced or made operable. Residents who disengage smoke detectors for convenience purposes are in violation of their lease.
11.3.2 NON-EMERGENCY REPAIRS
HHA will correct non-life threatening health and safety defects in a timely manner.
11.3.3 RESIDENT-CAUSED DAMAGES
Repeated failed inspections or damages to the unit beyond normal wear and tear caused by the resident, a member of the household or a guest of the resident may constitute serious or repeated lease violations. HHA may charge the resident for the reasonable cost of repairs and may also take lease enforcement action on the family.
"Beyond normal wear and tear" is defined as items that could be charged against the resident's security deposit under state law or repairs resulting from willful damage, neglect or negligence.
11.3.4 HOUSEKEEPING
If a unit fails inspection due to habits that pose a non-emergency health or safety risk, encourage insect or rodent infestation, or cause damage to the unit are in violation of the lease. The resident will be required to correct noted items. A follow-up inspection will be conducted within 30 calendar days. HHA may require the resident to participate in housekeeping counseling. The inspection report will indicate whether required corrections are to be charged to the resident or covered by HHA
If the resident fails make required corrections identified on the inspection report, lease termination may result.
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CHAPTER 12: SMOKE-FREE POLICY
12.1 SMOKE-FREE POLICY OVERVIEW
In accordance with HUD regulations, HHA has adopted a Smoke-Free Policy. Smoking is prohibited on HHA premises to be occupied by Tenant and members of Tenant's household, all grounds and any interior common areas, including but not limited to community rooms, community bathrooms, lobbies, reception areas, hallways, laundry rooms, reception areas, stairways, offices and elevator, and including entry ways, porches, balconies and patios have been designated as a Non-smoking living environment.
The term “smoking” means inhaling, exhaling, breathing, or carrying or possessing any lighted cigarette, cigar, pipe or other tobacco product or other similarly lighted product (including marijuana) in any manner or in any form. The term “smoking” shall include vaporization of tobacco, marijuana or other like substance including, but not limited to so-called electronic cigarettes or the like. Use of FDA-approved cessation products shall not be deemed smoking.
12.2 ENFORCEMENT
A material or continuing breach of the Smoke-Free Policy will be considered a material breach of the Lease and grounds for termination of the Lease by the HHA in accordance with the procedure set out in the Lease. See APPENDIX C for HHA’s NON-SMOKING POLICY.
12.3 REASONABLE ACCOMODATION
HHA will provide reasonable accommodations to persons with disabilities who smoke to the extent that such accommodations are in compliance with the requirements of the Smoke-Free Policy. For example, an individual with a mobility disability may request a reasonable accommodation to be moved to a unit closer to an exit which provides close proximity to the door. This would allow the resident easier access to exit HHA’s grounds to smoke as required by the rule. Such a request would need to be evaluated on a case-by-case basis in order to make a determination. However, HHA will still not permit smoking on the premises.
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CHAPTER 13: REEXAMINATIONS & CONTINUED OCCUPANCY
13.1 INTRODUCTION
This Chapter summarizes the policy for conducting reexaminations. It also explains the interim reporting requirements for families and the standards for timely reporting.
13.2 REQUIREMENTS FOR CONTINUED OCCUPANCY
Residents who meet the following criteria will be eligible for continued occupancy:
Qualify as a family as defined in CHAPTER 5: ELIGIBILITY FOR ADMISSION.
Are in full compliance with the obligations and responsibilities described in the dwelling lease;
Whose family members, age 6 and older, each having submitted their social security numbers or having provided a certification from the Social Security Administration that a social security number has not been issued;
Whose family members have submitted required citizenship/eligible immigration status/non-citizens documents;
Who are not over-income (as defined in this chapter) for the specified period of time
13.3 OVER-INCOME FAMILIES
For a resident, who is not a participant in an FSS Program and/or is not receiving the earned income disallowance, HHA will not evict or terminate the tenancy of a family solely because the family is over the income limit for public housing until one year following the regular reexamination in which the family’s income exceeds the income limit for public housing.
HHA will not evict or terminate the tenancy of a family solely because the family is over the income limit for public housing if the family has a valid contract for participation in an Family Self-Sufficiency Program (“FSS Program”) and/or if the family receives the earned income disallowance provided by 24 CFR 960.255.
13.4 REGULAR REEXAMINATION FREQUENCY
The frequency of reexaminations by HHA is based on the resident’s program participation, income source and whether the resident chooses income based rent or flat rent. At regularly scheduled reexaminations, residents will provide all certifications and forms in accordance with HHA and HUD requirements, as applicable.
The table below provides a summary of household types and reexamination frequency.
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MTW Policy – Biennial Recertification Households assisted under HHA’s MTW program will have reexaminations conducted biennially.
Table of Reexamination Frequency Description Frequency of Reexamination Households who select the flat rent option Annual flat rent updates triennial reexaminations Households who report zero income Zero income households, households reporting only temporary or sporadic income and households on minimum rent are subject to annual or more frequent interim and regular reexamination requirements. Households with an Earned Income Households on an EID will have a Disregard reexamination at the start, after one year, and at the conclusion of the 24 month exclusion period. All other households Biennial
13.5 STREAMLINED REEXAMINATIONS
For households where all family members have only fixed sources of income, HHA may elect to determine that household’s income by means of a streamlined income determination. A streamlined income determination is conducted by applying, for each fixed-income source, the verified cost of living adjustment (COLA) or current rate of interest to the previously verified or adjusted income amount.
Family member with a fixed source of income is defined as a family member whose income includes periodic payments at reasonably predictable levels from one or more of the following sources:
Social Security, Supplemental Security Income (SSI), Supplemental Disability Insurance (SSDI); and/or
Federal, state, local, or private pension plans.
HHA will use a COLA or current rate of interest specific to the fixed source of income in order to adjust the income amount. HHA will verify the appropriate COLA or current rate of interest from a public source or through tenant-provided, third party-generated documentation. If no such verification is available, then HHA will obtain third-party verification of income amounts in order to calculate the change in income for the source.
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For any household whose income is determined pursuant to a streamlined income determination, third-party verification of all income amounts for all family members must be performed at least every three years.
13.6 REEXAMINATION DATES
Reexamination dates are determined by development. Reexamination dates are not determined by lease anniversary date. Therefore, a family who has an effective lease date of September 1, and occupies a unit in a development where reexamination effective dates are March 1, will have a regular reexamination effective date of March 1.
13.7 NOTIFICATION OF AND PARTICIPATION IN THE REGULAR REEXAMINATION PROCESS
HHA begins the regular reexamination process 120 days in advance of the scheduled effective date.
Families generally are required to participate in a regular reexamination interview, which must be attended by the head of household, spouse, or co-head. If participation in an in-person interview poses a hardship because of a family member’s disability, the family should contact HHA to request a reasonable accommodation (see REQUEST FOR AN ACCOMODATION).
Notification of regular reexamination interviews will be sent by first-class mail and will contain the date, time, and location of the interview. In addition, it will inform the family of the information and documentation that must be brought to the interview.
If the family is unable to attend a scheduled interview, the family should contact HHA in advance of the interview to schedule a new appointment. If a family does not attend the scheduled interview, HHA will send a second notification with a new interview appointment time.
If a family fails to attend two scheduled interviews without HHA approval, or if the notice is returned by the post office with no forwarding address, a notice of termination (see LEASE TERMINATION NOTICE) will be sent to the family’s address of record, and to any alternate address provided in the family’s file.
An advocate, interpreter, or other assistant may assist the family in the interview process. The family and HHA must execute a certification attesting to the role and assistance of any such third party.
13.8 CONDUCTING REGULAR REEXAMINATIONS
As part of the regular reexamination process, families are required to provide updated information to HHA regarding the family’s income, expenses, and composition. Households are required to provide current and accurate information on income, assets, allowances and deductions and household composition as part of the recertification process. Any required
ACOP: REEXAMINATIONS & CONTINUED OCCUPANCY 13-3 documents or information that the family is unable to provide at the time of the interview must be provided within 5 business days of the interview. The required information will include a HHA-designated reexamination form, an Authorization for the Release of Information/Privacy Act Notice, as well as supporting documentation related to the family’s income, expenses, and family composition.
The information provided by the family generally must be verified in accordance with the policies in this ACOP. Unless the family reports a change, or HHA has reason to believe a change has occurred in information previously reported by the family, certain types of information that are verified at admission typically do not need to be re-verified on an regular basis. These include:
Legal identity
Age
Social security numbers
A person’s disability status
Citizenship or immigration status
If the family is unable to obtain the information or materials within the required time frame, the family may request an extension. If the family does not provide the required documents or information within the required time frame, plus any extensions, the family will be sent a notice of termination (see LEASE TERMINATION NOTICE).
13.9 HOUSEHOLD MEMBER TURNING 18 BETWEEN REEXAMINATION INTERVIEW AND REEXAMINATION EFFECTIVE DATE
Income & Deductions When a household member will turn 18 between the date of the reexamination interview and on or before the effective date of the reexamination, HHA will include the household member’s income in the calculation of annual income. For example, a household has a reexamination effective date of November 1st. One of the household members, at the reexamination interview on September 1st is still 17, but will turn 18 on September 30th. HHA will calculate the income of that household member as if he/she was an adult, since the household member will be 18 by the effective date of the reexamination. Deductions will also be applied as if the household member was an adult. For example, the household with a member who is 17 at the reexamination interview, but 18 on the reexamination effective date will NOT be given a dependent deduction for the household member who is turning 18 unless that household member is a full time student or disabled.
Release Forms When a household member will turn 18 between the date of the interview, but on or before the effective date of the recertification, HHA will have a parent/legal guardian sign any
ACOP: REEXAMINATIONS & CONTINUED OCCUPANCY 13-4 consent/release forms on behalf of that household member in order to authorize HHA to obtain their income verification.
Criminal Background Check When a household member will turn 18 between the date of the interview, but on or before the effective date of the reexamination, HHA will have a parent/legal guardian sign the consent for criminal background check on behalf of that household member in order to authorize HHA’s criminal background check. HHA will conduct a criminal background check as part of the reexamination process.
Subsequent Reexaminations and Background Checks After the reexamination effective date, if HHA wishes to complete verifications or background checks on a household member who was not 18 at the reexamination interview, but who subsequently turned 18, HHA will obtain that household member’s signature on any required release form before conducting any type of verification or background check. If no other verifications or background checks are completed between regularly scheduled reexamination, HHA will wait until the next regular reexamination to obtain the executed release forms from the household member who had turned 18 between the regularly scheduled reexamination.
13.9.1 CHANGES IN UNIT SIZE
Changes in family or household composition may make it appropriate to consider transferring the family to comply with occupancy standards. HHA may use the results of the regular reexamination to initiate a required family to move to an appropriate size unit (see TRANSFERS).
13.9.2 COMPLIANCE WITH COMMUNITY SERVICE
For families which include nonexempt individuals, HHA must determine compliance with community service requirements at the time of regular recertification. See CHAPTER 15: COMMUNITY SERVICE for policies governing compliance with the community service requirement.
13.10 EFFECTIVE DATES
As part of the recertification process, HHA must make appropriate adjustments in the rent after consultation with the household and upon verification of applicable information.
13.10.1 EFFECTIVE DATE OF RENT CHANGES AT REGULAR REEXAMINATION
Increases in Rent In general, an increase in the family share of the rent that results from a regular reexamination will take effect on the family’s reexamination effective date, and the family will be notified at least 30 days in advance.
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If less than 30 days remain before the scheduled effective date, the increase will take effect on the first of the month following the end of the 30-day notice period.
If the family causes a delay in processing the regular reexamination, increases in the family share of the rent will be applied retroactively, to the scheduled effective date of the regular reexamination. The family will be responsible for any underpaid subsidy and may be offered a repayment agreement in accordance with the policies in this Plan at the discretion of HHA. When a household causes a delay in processing the recertification, HHA will not provide the household with 30-day advance notice of the rent increase.
Decreases in Rent In general, a decrease in the family share of the rent that results from a regular reexamination will take effect on the reexamination effective date.
If the family causes a delay in processing the regular reexamination, decreases in the family share of the rent will be applied prospectively, from the first day of the month following completion of the reexamination processing.
Delays in Recertification Processing A delay in reexamination processing is defined as delays considered to be caused by the household if the household fails to provide information requested by HHA by the date specified and/or fails to attend scheduled recertification interviews without good cause, and these delays prevent HHA from completing the recertification as scheduled.
13.11 REEXAMINATION FOR FAMILIES PAYING FLAT RENT
For a family that chooses the flat rent option, HHA will conduct a reexamination of family composition and flat rent update at least annually and will conduct a reexamination of family income at least once every three years.
Once a year, HHA will: (1) give each family the opportunity to choose between the two methods for determining the amount of resident rent payable monthly by the family; and (2) require each family to submit updated information about the household composition. The family may choose to pay either a flat rent as determined in accordance with HHA’s flat rent schedules, or an income-based rent. HHA will require families to submit their choice of flat or income-based rent in writing and will maintain such requests in the resident file.
If the family chose a flat rent for the previous year, HHA will provide the amount of income- based rent for only the year HHA site conducts an income reexamination or, during the intervening years, only if the family specifically requests income recalculation and submits updated income information. For further information on flat rent schedules and changes see FLAT RENT.
13.11.1 FLAT RENT ANNUAL UPDATES
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In scheduling the annual flat rent update, HHA will follow the policy used for scheduling the regular reexamination of families.
As flat rent updates will be determined annually, based on changes to fair market rents (FMR), and resident flat rent updates will occur on the annual flat rent update anniversary, there may be times that residents on flat rent are paying more or less than 80% of the FMR, depending on the change to the FMR. Flat rent increases will be limited so that no family on flat rent will have an increase in excess of 35% of the family’s existing rent amount when solely as a result of the change in the flat rent schedule.
If the family has chosen flat rent, his/her rent shall be adjusted at the next annual rent update or regular reexamination rather than at the point the flat rent may change. At the time of the annual flat rent update or regular reexamination, the family will be given the choice of changing to income-based rent or of remaining on flat rent at the current (most recently adjusted) flat rent for the family’s unit.
13.12 INTERIM REEXAMINATIONS
Family circumstances may change throughout the period between regular reexaminations. HHA policies dictate what kinds of information about changes in family circumstances must be reported, and under what circumstances HHA must process interim reexaminations to reflect those changes.
Interim reexaminations can be scheduled either because HHA has reason to believe that changes in income or expenses may have occurred, or because the family reports a change. When a family reports a change, HHA may take different actions depending on whether the family reported the change voluntarily, or because it was required to do so.
13.12.1 LIMITS ON INTERIM REEXAMINATION
MTW Policy Residents may request no more than two (2) voluntary interim reexaminations between biennial reexaminations. Required interim reexaminations (i.e. for changes in family composition or otherwise required by HHA) do not count toward the limit on interim reexaminations.
Elderly/disabled are exempt from the limit on voluntary interim reexaminations.
Notwithstanding the limit on interim reexaminations, HHA will process a voluntary interim rent reduction if and when the reduction in income is expected to last for more than 30 days.
Zero income households, households reporting only temporary or sporadic income and households on minimum rent are subject to annual or more frequent interim and regular reexamination requirements.
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HHA may approve an additional interim rent adjustment, beyond the limit, if the tenant adequately demonstrates to HHA that they have suffered a financial hardship that necessitates an additional interim rent adjustment.
13.13 OPTIONAL INTERIM REPORTING
The family may request an interim reexamination in accordance with the policies in this ACOP. If a family reports a decrease in income from the loss of welfare benefits due to fraud or non- compliance with a welfare agency requirement to participate in an economic self-sufficiency program, the family’s share of the rent will not be reduced. For more information regarding the requirement to impute welfare income see IMPUTED WELFARE INCOME.
If a family reports a change that it was not required to report and that would result in an increase in the family share of the rent, HHA will note the information in the tenant file, but will not conduct an interim reexamination.
If a family reports a change that it was not required to report and that would result in a decrease in the family share of rent, HHA will conduct an interim reexamination.
13.14 REQUIRED INTERIM REPORTING
HHA determines the circumstances under which households will be required to report changes in circumstances between regular reexamination.
13.14.1 CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION
Interim reexaminations for changes in household composition are required. The addition of a household member as a result of birth, adoption, or court-awarded custody does not require prior HHA approval. All other changes in household composition require prior approval from HHA.
Households must report all changes in household composition within 10 days of the occurrence.
Household composition changes include increases in the number of dependents, addition of new household members, addition of a live-in aide, or loss of a household member (deceased or moved out).
If an individual is added to the household between scheduled recertifications, only the new member’s income will be verified as part of the interim reexamination.
For the loss of a household member, HHA will remove the household member’s income/deductions/expenses as applicable, but will not verify or update the income of the other household members; however, HHA will reverify public assistance benefits at any interim recertification when a household currently receiving public assistance benefits adds or removes members from the household.
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Requests to accommodate additional household members based on health-related reasons must be verified by a doctor/medical professional and/or social service professional.
New Family and Household Members Requiring Approval With the exception of children who join the family as a result of birth, adoption, or court- awarded custody, a family must request HHA approval to add a new family member or other household member (live-in aide or foster child). This includes any person not on the lease who is expected to stay in the unit for more than 30 consecutive days, or 90 cumulative days, within a twelve month period, and therefore no longer qualifies as a “guest,” (see policies on GUESTS). Requests must be made in writing and approved by HHA prior to the individual moving in the unit.
HHA will not approve the addition of a new family or household member unless the individual meets HHA’s eligibility criteria.
HHA will not approve the addition of family members other than by birth, adoption or court- awarded custody if it will result in the need for a larger unit, according to HHA occupancy standards or a violation of the state sanitary code. Exceptions will be reviewed and determinations made on a case by case basis.
If HHA determines that an individual does not meet HHA’s eligibility criteria as defined in the chapter on ELIGIBILITY, HHA will notify the family in writing of its decision to deny approval of the new family or household member and the reasons for the denial.
Departure of a Family or Household Member If a household member ceases to reside in the unit, the family must inform HHA within 10 days. This requirement also applies to a family member who has been considered temporarily absent at the point that the family concludes the individual is permanently absent.
If a live-in aide, foster child, or foster adult ceases to reside in the unit, the family must inform HHA within 10 days.
13.14.2 CHANGES AFFECTING INCOME OR EXPENSES
Households reporting zero income, households reporting only temporary or sporadic income and households who are on minimum rent are required to report increases in income within 30 calendar days of the date the change takes effect. HHA will conduct interim reexaminations for these families when increases in income are reported.
Except as required by HHA, households are not required to report increases in income between regular reexaminations. When a family reports an increase in income to HHA that it is not required to report, will not conduct an interim reexamination.
13.14.3 TEMPORARY AND SPORADIC INCOME
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Households reporting only temporary or sporadic income are required to report increases in income between regular reexaminations. Temporary and sporadic income is excluded from the calculation of annual income. HHA will conduct an interim recertification when a household member with temporary or sporadic income reports income.
13.14.4 ZERO INCOME
Zero income households and zero income individuals are required to report monetary and/or non-monetary changes in income or benefits between regular reexamination periods within 30 calendar days from the date the change occurred. HHA will conduct an interim reexamination when a zero income household or individual reports income.
Once income or benefits are reported, the household is no longer required to report subsequent increases in income/benefits until the next regular recertification.
Every 180 days, HHA will run an EIV check on zero income households and take action as required for unreported income. HHA will not conduct EIV checks every 180 days for zero income individuals; however, HHA reserves the right to run an EIV check to ensure program integrity.
13.14.5 EARNED INCOME DISALLOWANCE
HHA will conduct an interim reexamination for families receiving the Earned Income Disallowance (EID). HHA will conduct an interim reexamination at the start, after one year, and at the conclusion of the 24 month exclusion period. See EARNED INCOME DISALLOWANCE policies.
13.14.6 INTERIM RECERTIFICATION – OTHER
If at the time of the regular reexamination, tenant-provided documents were used on a provisional basis due to the lack of third-party verification, and third-party verification becomes available, HHA will conduct an interim reexamination.
HHA may conduct an interim reexamination at any time in order to correct an error in a previous reexamination, or to investigate a tenant fraud complaint.
If at the time of the regular reexamination, it is not feasible to anticipate a level of income for the next 12 months, HHA will schedule an interim reexamination to coincide with the end of the period for which it is feasible to project income.
13.15 STANDARD FOR TIMELY REPORTING
The standard for timely reporting is within 10 days from the date of the change. This standard applies to required and optional reporting. If the change is not reported within the required
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13.16 METHOD OF INTERIM REPORTING
The family may notify HHA of changes either orally or in writing. If the family provides oral notice, HHA may also require the family to submit the changes in writing.
Generally, the family will not be required to attend an interview for an interim reexamination. However, if HHA determines that an interview is warranted, the family may be required to attend.
Based on the type of change reported, HHA will determine the documentation the family will be required to submit. The family must submit any required information or documents within 5 business days of receiving a request from HHA. This time frame may be extended for good cause with HHA approval. HHA will accept required documentation by mail, by fax, or in person.
13.17 EFFECTIVE DATES: CHANGES IN RENT AT INTERIM REEXAMINATIONS
For those families paying income-based rent, HHA will recalculate the rent amount based on the income information received during the reexamination process and notify the family of the change. This section discusses policies that affect these calculations during a reexamination.
13.17.1EFFECTIVE DATES: CHANGES IN RENT AND RESIDENT CAUSED DELAYS IN PROCESSING REEXAMINATIONS
Increases in Rent An increase in rent, as a result of an interim reexamination, will generally be effective on the first of the month following 30 calendar days’ notice to the family.
If a family fails to report a change within the required time frames, or fails to provide all required information within the required time frames, the increase will be applied retroactively, to the date it would have been effective had the information been provided on a timely basis. The family will be responsible for any underpaid rent and may be offered a repayment agreement in accordance with the policies in this ACOP.
Decreases in Rent A decrease in rent as a result of an interim reexamination will generally be effective on the first of the month following the month in which the change was reported. In cases where, through no fault of the resident, the change cannot be verified until after the date the change would have become effective, the change will be made retroactively. If the change is not reported timely, HHA will not retroactively apply the rent decrease. In this case, the rent decrease will be effective on the first day of the month following the completion of the reexamination processing by HHA.
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13.17.2 DELAYS IN PROCESSING REEXAMINATIONS CAUSED BY HHA
If HHA causes the delay in the timely processing of the reexamination: (1) in the case of a rent increase, the effective date will be the first of the month following 30 calendar days’ notice to the resident; and (2) in the case of a rent decrease, the overpayment by the family will be calculated retroactively to the date it should have been effective, and the family will be credited for the amount.
13.17.3 OTHER INTERIM REPORTING ISSUES
Any changes reported by residents other than those listed in this section will be noted in the file by the staff person, but will not be processed between regularly scheduled reexaminations.
13.17.4 DISCREPANCIES
During a regular or interim reexamination, HHA may discover that information previously reported by the family was in error, or that the family intentionally misrepresented information. In addition, HHA may discover errors made by HHA. When errors resulting in the overpayment or underpayment of subsidy are discovered, corrections will be made in accordance with the policies in the chapter on PROGRAM INTEGRITY.
13.18 ABSENCE FROM THE UNIT
The resident must supply any information or certification requested by HHA to verify that the family is living in the unit, or relating to family absence from the unit, including any HHA- requested information or certification on the purposes of family absences. HHA may review on a case-by-case basis, circumstances which dictate a household’s absence from the unit. HHA’s established policies on absence from the unit include the following:
The head of household must notify the HHA in writing if all members of the household intend to be absent from the unit for more than thirty (30) consecutive days. A family may not be absent from the unit for longer than sixty (60) consecutive days or 180 days if the absence is due to medical reasons.
If all family members are absent from a unit for more than the allowable number of days, HHA will take action to terminate the lease.
Absence means that no member of the family is residing in the unit.
To verify family occupancy or absence, HHA may send request letters to the family at the unit, make phone calls or visits and/or conduct other appropriate inquiries.
The family must remain in compliance with the terms of the Public Housing Program and their lease during any absence from the unit.
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13.19 MILITARY FAMILIES – ABSENCE FROM THE UNIT & CONTINUED OCCUPANCY
HHA will, on a case by case basis, make reasonable exceptions with respect to program requirements for active duty military families, to the extent HHA can do so while responsibly administering the Public Housing program.
Exceptions will be granted HHA’s sole discretion. Exceptions must be approved by the Senior Management. Households who cannot adhere to basic program requirements without the active military person present will not be granted exceptions.
Exceptions related to military families may include, but are not limited to:
Allowing a suitable guardian to move into the assisted unit on a temporary basis to care for any dependents that the military person leaves in the unit. Income of the guardian temporarily living in the unit solely for this purpose is not to be counted in determining household income and rent;
Carefully considering the circumstances of any case involving delayed payment of rent by the household;
Granting exceptions to the ACOP policies concerning family absences from the unit;
Using provisional documents and income information to complete a reexamination and then conducting an interim reexamination when the military personnel’s information is available.
13.20 REMAINING MEMBERS OF THE RESIDENT FAMILY
Resident families who separate while being assisted under the federally assisted program will be assessed on a case-by-case basis to determine which family members remain assisted under the program. HHA policy is as follows:
The head of household, co-head or remaining family member of the household who has full legal custody of any minor children in the unit will retain the federally assisted unit.
In cases where the head of household and co-head have a joint custody arrangement for minor children, the original Head of Household will retain the federally assisted unit.
In cases where the head of household dies, leaving minor children, the new head of household will be subject to all HHA eligibility and admission requirements.
In cases where there is a head of household and a co-head with no minor children, the original head of household will retain the federally assisted unit.
In the event that the head of household moves out of the federally assisted unit or dies, a remaining adult household member (with or without children in the unit) will retain the
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federally assisted unit if that adult has been part of the household for at least one year, is in compliance with all program rules and regulations and meets all other program eligibility and continued occupancy requirements.
In cases where a live-in aide is added to a household as a result of a care situation for an elderly or disabled household member, the live-in aide is not considered to be a remaining family member and is not eligible to will retain the federally assisted unit.
Foster children and foster adults are never considered remaining family members and have no rights to the federally assisted unit if the head of household or co-head moves out of the unit, is evicted or is deceased.
If a separation is the result of a divorce or separation under a settlement or judicial decree, HHA will follow any court determination of which family members retain the federally assisted unit.
In order for a minor to continue to receive assistance as a remaining family member, the court has to have awarded emancipated minor status to the minor or HHA has to verify that Social Services and/or the Juvenile Court has arranged for another adult to be brought into the assisted unit to care for the child(ren) for an indefinite period of time.
If the family break-up results from an occurrence of domestic violence, dating violence, sexual assault, or stalking, HHA will ensure that the victim remains on the program.
If exceptional circumstances exist concerning the remaining member of a resident family, a discretionary administrative determination may be made by the HHA on a case-by-case basis.
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CHAPTER 14: PETS 14.1 OVERVIEW
This chapter contains HHA’s policies on the keeping of pets and any criteria or standards pertaining to the policies. The rules adopted are reasonably related to the legitimate interest of HHA to provide a decent, safe and sanitary living environment for all tenants, and to protect and preserve the physical condition of the property, as well as the financial interest of HHA.
14.2 SERVICE AND ASSISTANCE ANIMALS
This subsection applies to service and assistance animals only. Neither service animals nor assistance animals are pets, and thus, are not subject to HHA’s pet policies.
Assistance Animal/Service Animal: An animal which provides assistance, services or support to a person with disabilities. Such animals work, provide assistance, or perform tasks for the benefit of a person with a disability or provide emotional support that alleviates one or more identified symptoms or effects of a person’s disability (for example a dog guiding an individual with impaired vision or alerting an individual with impaired hearing). An assistive animal shall not be counted in the number of pets kept in a household.
Functions, include but are not limited to the following:
Guiding individuals who are blind or vision impaired;
Alerting individuals who are deaf or hearing impaired;
Providing minimal protection or rescue assistance;
Pulling a wheelchair;
Fetching items;
Alerting persons to impending seizures; and
Providing emotional support to persons with disabilities who have a disability-related need for such support.
14.2.1 SERVICE ANIMAL
HHA is required to evaluate the request for residents and applicants to have a service animal on HHA grounds and premises under the ADA. In those cases, HHA may only ask whether the dog is a service animal required due to a disability, and what tasks the animal has been trained to perform. HHA cannot require proof of training or certification for a service animal, even if the disability and/or tasks performed are not readily apparent.
HHA may only deny a request for a service animal in limited circumstances:
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The animal is out of control and the handler does not take effective action to control it,
The animal is not housebroken, or
The animal poses a direct threat to health or safety that cannot be eliminated or reduced by a reasonable modification of other policies.
A service animal must be permitted in all areas of the facility where members of the public are allowed.
If the animal does not qualify as a service animal under the ADA, HHA will next determine whether the animal would qualify as an assistance animal under the reasonable accommodation provisions of the Fair Housing Act. Such assistance animals may include animals other than dogs.
14.2.2 ASSISTANCE ANIMAL
This subsection applies to assistive animals only. Residents of HHA with disabilities are permitted to have assistive animals, if such animals are necessary as a reasonable accommodation for their disabilities. HHA residents or potential residents who need an assistance animal as a reasonable accommodation must request the accommodation in accordance with the reasonable accommodation policy in this ACOP. A reasonable accommodation requires that there is a relationship between the person’s disability and the person’s need for the animal.
Residents must register their assistance animal with HHA before it is brought onto HHA’s property. The registration must include a certificate signed by a licensed veterinarian or a local authority empowered to inoculate animals (or designated agent of such an authority) stating that the animal has received all inoculations required by applicable local law.
There are no size or breed restrictions on assistive animals; however, the resident is still required to follow all of the terms and conditions of the lease, including the ability to ensure the peaceful enjoyment of the development by others.
14.2.3 CARE AND HANDLING OF ASSISTIVE ANIMALS
This subsection applies to assistive animals only. Residents must care for assistive animals in a manner that complies with state and local laws, including anti-cruelty laws.
Residents must ensure that assistive animals do not pose a direct threat to the health or safety of others, or cause substantial physical damage to the development, dwelling unit, or property of other tenants.
When a resident’s care or handling of an assistive animal violates these policies, HHA will consider whether the violation could be reduced or eliminated by a reasonable accommodation.
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If HHA determines that no such accommodation can be made, HHA may withdraw the approval of a particular assistive animal.
14.3 PET POLICY
HHA allows for pet ownership in its elderly/handicapped developments with the written pre- approval of the HHA in accordance with this policy. General policy matters related to pets are set forth in this policy and are supplemented by HHA’s pet policy, included in APPENDIX E.
14.3.1 “PET” DEFINED
Pet means a domesticated animal that is commonly kept as a household pet in a community, such as a dog, cat, bird, guinea pig, gerbil, hamster, rabbit or fish. A pet is a companion animal that is kept in the home for pleasure rather than commercial or breeding purposes.
14.3.2 PET RESTRICTIONS
Pet ownership shall be limited to common domesticated household pets, as defined in this policy.
The following animals are not permitted:
Any animal whose adult weight will exceed 40 pounds;
Dogs and cats over two months of age that have not been neutered or spayed;
Animals that have not been inoculated, and
Any animal not permitted under local/state law or code.
Other restrictions include:
No resident will be allowed more than one pet, except in the following instances;
A maximum of two birds may be permitted; and
No more than one aquarium with a 20-gallon capacity is allowed.
14.3.3 APPLICATION AND REGISTRATION OF PETS
Residents are required to inform management in writing if they wish to keep an animal and a Pet Rider form must be signed by the resident and attached to the lease.
Notification must include the following:
Basic information about the pet, including but not limited to, name, weight and age.
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Documentation signed by a licensed veterinarian or state/local authority that the pet has received all inoculations and vaccinations required by local/state law, and that the pet has no communicable disease(s) and is pest-free.
Certification that pets have been neutered or spayed by the time they are two months of age. In the case of dogs and cats under two (2) months old, certification must be provided within thirty (30) days of the pet reaching two months (2) of age. Exceptions may be made upon veterinary certification that subjecting this particular pet to the procedure would be temporarily or permanently medically unsafe or unnecessary.
Pets may not reside in a unit until all of these requirements are met.
14.3.4 PET FEE
A fee of $15 per month will be charged to the pet owner. This fee will be over and above the monthly rent and will be used for the purpose of maintaining the grounds.
14.3.5 FINANCIAL OBLIGATION OF RESIDENTS
Any resident who owns or keeps a pet in their dwelling unit will be required to pay for any damages caused by the pet. Also, any pet-related insect infestation in the pet owner's unit will be the financial responsibility of the pet owner and HHA reserves the right to exterminate and charge the resident.
14.3.6 DESIGNATION OF PET AREAS
Pets must be kept in the owner's apartment or on a leash at all times when outside (no outdoor cages may be constructed). Pets will be allowed only in designated areas on the grounds of the projects. Pet owners must clean up after their pets and are responsible for disposing of pet waste.
14.3.7 VISITING PETS
Pets that meet the size and type criteria outlined above may visit the projects/buildings where pets are allowed for up to two weeks without HHA approval. Residents who have visiting pets must abide by the conditions of this policy regarding health, sanitation, nuisances, and peaceful enjoyment of others. If visiting pets violate this policy or cause the tenant to violate the lease, the tenant will be required to remove the visiting pet.
14.3.8 REMOVAL OF PETS
HHA will require the removal of any pet from a project if the pet's conduct or condition is determined to be a nuisance or threat to the health or safety of other occupants of the project or of other persons in the community where the project is located.
14.4 PET RULE VIOLATIONS
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All lease enforcement and eviction actions taken as a result of this policy shall comply with HHA’s lease and grievance procedures.
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CHAPTER 15: COMMUNITY SERVICE
15.1 OVERVIEW
Residents must comply with the community service and self-sufficiency requirement (CSSR), as required by law. Community service is the performance of voluntary work or duties that are a public benefit, and that serve to improve the quality of life, enhance resident self-sufficiency, or increase resident self-responsibility in the community. Community service is not employment and may not include political activities. In administering community service requirements, HHA will comply with all nondiscrimination and equal opportunity requirements.
15.2 COMMUNITY SERVICE REQUIREMENTS
Each adult resident HHA, who is not exempt, must:
Contribute 8 hours per month of community service; or
Participate in an economic self-sufficiency program for 8 hours per month; or
Perform 8 hours per month of combined activities (community service and economic self-sufficiency programs).
The required community service or self-sufficiency activity may be completed 8 hours each month or may be aggregated across a year. Any blocking of hours is acceptable as long as 96 hours is completed by each annual certification of compliance.
15.3 COMMUNITY SERVICE
Community Service is volunteer work that benefits the property or the local neighborhood. Eligible community service activities include, but are not limited to, work at:
Local public or nonprofit institutions such as schools, head start programs, before or after school programs, child care centers, hospitals, clinics, hospices, nursing homes, recreation centers, senior centers, adult day care programs, homeless shelters, feeding programs, food banks (distributing either donated or commodity foods), or clothes closets (distributing donated clothing)
Nonprofit organizations serving HHA residents or their children such as: Boy or Girl Scouts, Boys or Girls Club, 4-H clubs, Police Assistance League (PAL), organized children’s recreation, mentoring or education programs, Big Brothers or Big Sisters, garden centers, community clean-up programs, beautification programs
Programs funded under the Older Americans Act, such as Green Thumb, Service Corps of Retired Executives, senior meals programs, senior centers, Meals on Wheels
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Public or nonprofit organizations dedicated to seniors, youth, children, residents, citizens, special-needs populations or with missions to enhance the environment, historic resources, cultural identities, neighborhoods, or performing arts
HHA housing to improve grounds or provide gardens (so long as such work does not alter the HHA’s insurance coverage); or work through resident organizations to help other residents with problems, including serving on the Resident Advisory Board
Care for the children of other residents so parent may volunteer
15.4 SELF-SUFFICIENCY ACTIVITIES
An economic self-sufficiency program is one that is designed to encourage, assist, train or facilitate the economic independence of participants and their families or to provide work for participants.
Economic self-sufficiency programs include, but are not limited to:
Job readiness or job training while not employed;
Training programs through local One-Stop Career Centers, Workforce Investment Boards (local entities administered through the U.S. Department of Labor), or other training providers;
Higher education (junior college or college);
Apprenticeships (formal or informal);
Substance abuse or mental health counseling;
Reading, financial and/or computer literacy classes;
English as a second language and/or English proficiency classes; and
Budgeting and credit counseling.
15.5 EXEMPT RESIDENTS
An adult (meaning a person aged 18 or older) member of the household who qualifies as outlined below is considered to be exempt from the CSSR:
Is 62 years of age or older;
Blind or disabled, as defined under 216(i)(1) or 1614 of the Social Security Act (42 U.S.C. Section 416(i)(1); Section 1382c), and who certify that, because of this disability, she or he is unable to comply with the service provisions of this subpart, or is a primary
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caretaker of such individual; or
Engaged in work activities for at least 20 hours per week. See WORK ACTIVITIES).
15.6 WORK ACTIVITIES
An individual may be exempt from the CSSR requirement because he/she is engaged in work activities. Twenty (20) hours is the minimum number of hours for a work activity to be eligible for the exemption.
The person must be participating in an activity that meets one of the following definitions of “work activity” contained in Section 407(d) of the Social Security Act (42 U.S.C. Section 607(d)):
a. Unsubsidized employment;
b. Subsidized private-sector employment;
c. Subsidized public-sector employment;
d. Work experience (including work associated with the refurbishing of publicly assisted housing) if sufficient private sector employment is not available;
e. On-the-job-training;
f. Job-search;
g. Community service programs;
h. Vocational educational training (not to exceed 12 months with respect to any individual);
i. Job-skills training directly related to employment;
j. Education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency;
k. Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalency, in the case of a recipient who has not completed secondary school or received such a certificate;
l. Able to meet requirements under a state program funded under part A of title IV of the Social Security Act (42 U.S.C. Section 601 et seq.) or under any other welfare program in Massachusetts, including a state-administered Welfare-to-Work program; or;
m. A member of a family receiving assistance, benefits, or services under a state program funded under part A of title IV of the Social Security Act (42 U.S.C. Section 601 et seq.),
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or under any other welfare program of Massachusetts, including a state-administered Welfare-to-Work program, and has not been found by the state or other administering entity to be in non-compliance with such a program. HUD has determined that the Supplemental Nutrition Assistance Program (SNAP) qualifies as a welfare program of the state. Therefore, if a tenant is a member of family receiving assistance under SNAP, and has been found by the administering State to be in compliance with the program requirements, that tenant is exempt from the CSSR.
15.7 NOTIFICATION REQUIREMENTS
HHA will give each household a written description of the community service requirements, the process for claiming status as an exempt person, and the process for HHA to verify exempt status. To the greatest extent possible and practicable, HHA will coordinate with social service agencies; local schools, the HHA’s Resident Services Department and others to compile a list of community service volunteer opportunities. However, it is the resident’s responsibility to secure opportunities for community service credit.
Additionally HHA will:
Provide the household with recording/certification documentation forms and a copy of the Community Service policy;
Determine exempt or non-exempt status regarding community service and notify the household of the determination;
Review family compliance with CSSRs and will verify such compliance at least 30 days before the end of the lease term.
Take appropriate action for failure to comply with the CSSR.
Follow HUD guidance on self-certifications of completion of the CSSR.
15.8 DOCUMENTATION AND VERIFICATION
If qualifying activities are administered by an organization other than HHA, a family member who is required to fulfill a service requirement must provide one of the following:
A signed certification to HHA by such other organization that the family member has performed such qualifying activities; or
A signed self-certification to HHA by the family member that he or she has performed such qualifying activities.
If a signed self-certification is used to verify CSSR requirements, the signed self-certification must include the following:
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A statement that the resident contributed at least 8 hours per month of community service not including political activities within the community in which the adult resides; or participated in an economic self-sufficiency program as set forth in section 1.7 (Self- Sufficiency Activities) above for at least 8 hours per month;
The name, address, and a contact person at the community service provider; or the name, address, and contact person for the economic self-sufficiency program;
The date(s) during which the resident completed the community service activity, or participated in the economic self-sufficiency program;
A description of the activity completed; and
A certification that the resident’s statement is true.
HHA will follow HUD guidance on self-certifications of completion of the CSSR.
If anyone in the household is subject to the community service requirement, HHA will provide the household with community service documentation forms.
At lease execution and at least 30 calendar days prior to the lease anniversary date, each adult member (18 or older) of a federally assisted housing resident household must sign an acknowledgement that he/she has received and read the CSSR. Further the resident acknowledgement includes a statement that the resident understands that failure to comply with the CSSR will result in nonrenewal of the lease.
At lease execution and at least 30 calendar days prior to the lease anniversary date each exempt adult member must provide documentation that they are exempt from the CSSR.
If HHA has reasonable cause to believe that the certification provided by the household is false or fraudulent, HHA site has the right to request additional documentation to verify CSSR participation.
HHA will retain reasonable documentation of service requirement performance or exemption in participant files.
15.9 CHANGES IN STATUS BETWEEN ANNUAL DETERMINATIONS
Exempt to Non-Exempt Status If an exempt individual becomes non-exempt during the twelve month lease term, it is the household’s responsibility to report this change to HHA within 10 working days.
After reporting such a change, or HHA determining such a change is necessary, HHA will provide written notice of the effective date of the CSSR requirement, a list of agencies in the community that provide volunteer and/or training opportunities or other activities that qualify, as
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The effective date of the community service requirement will be the first of the following month.
Non-Exempt to Exempt Status If a non-exempt person becomes exempt during the twelve month lease term, it is the household’s responsibility to report this change to HHA within 10 working days. Any claim of exemption will be verified by HHA.
After reporting such a change, or HHA determining such a change is necessary, HHA will provide the household written notice that the household member is no longer subject to the community service requirement.
The exemption will be effective immediately.
15.10 NOTICE OF NON-COMPLIANCE OF A NON-EXEMPT HOUSEHOLD MEMBER
The lease specifies that it is renewed automatically for all purposes, unless the family fails to comply with the community service requirement. Violation of the service requirement is grounds for nonrenewal of the lease at the end of the twelve month lease term, but not for termination of tenancy during the course of the twelve month lease term.
In the event a resident does not provide documentation of the CSSR, the resident will have 10 working days to submit to HHA required documentation form(s). If the resident fails to submit the documentation within the required time frame or within any HHA approved extension, the resident will be considered non-compliant with the CSSR and a notice of non-compliance will be issued. The notice of non-compliance will include:
A brief description of the finding of non-compliance with the CSSR.
A statement that HHA will not renew the lease at the end of the current 12-month lease term unless the resident enters into a written cure agreement with HHA or the household provides written assurance that is satisfactory to HHA explaining that the non-compliant resident no longer resides in the unit.
The will also state that the tenant may request a grievance hearing on the HHA’s determination, in accordance with the HHA’s grievance procedures, and that the resident may exercise any available judicial remedy to seek timely redress for the HHA’s nonrenewal of the lease because of the HHA’s determination.
15.11 RESIDENT AGREEMENT TO COMPLY WITH COMMUNITY SERVICE REQUIREMENT
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The cure agreement includes the means through which a non-compliant household member will comply with the CSSR requirement. The household will have 10 working days from the date of the notice of non-compliance to enter into a cure agreement to cure the non-compliance over the course of the upcoming lease term. If after the cure period, the household member is still not compliant with the CSSR, HHA will terminate tenancy of the entire household, in accordance with the lease, unless the household provides documentation that the non-compliant household member no longer resides in the unit.
If the household reports that a noncompliant household member is no longer residing in the unit, the household must provide documentation that the household member has actually vacated the unit before HHA will agree to continued occupancy of the household. Documentation must consist of a certification signed by the head of household as well as evidence of the current address of the household member that previously resided with them.
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CHAPTER 16: TRANSFER POLICY
16.1 OVERVIEW
This chapter explains HHA’s transfer policy.
HHA permits residents to transfer within or between housing sites for the reasons set forth in this policy. The transfer policy will be carried out in a manner that does not violate fair housing laws.
16.2 TYPES OF TRANSFERS
The following are the types of transfers allowed under HHA’s Transfer Policies.
Emergency Maintenance;
Emergency Public Safety;
Demolition, Disposition, Revitalization or Rehabilitation;
Transfer from Accessible Units
Occupancy Standards;
Reasonable Accommodation; and
Incentive Program Transfers.
16.3 MANDATORY TRANSFERS
HHA may require that a tenant transfer to another unit under some circumstances. Transfers required by HHA are mandatory for the resident. If a resident does not move based on a mandatory transfer, HHA may move to terminate tenancy. Mandatory transfers are initiated by HHA management with the forwarding of a Notice of Proposed Action to a tenant. The notice explains the reason for the transfer and informs the residents of the right to file a grievance in accordance with HHA’s Grievance procedure. If the family requests a grievance hearing within the required timeframe, HHA may not take action on the transfer until the conclusion of the grievance process.
The following is the list of HHA mandatory transfers:
Emergency Maintenance;
Demolition, Disposition, Revitalization or Rehabilitation;
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Transfer from an Accessible Unit; and
Occupancy Standards.
16.3.1 EMERGENCY MAINTENANCE
Emergency Maintenance Transfers are initiated when maintenance conditions exist in the resident’s unit, building or at the site that pose an immediate, verifiable threat to the life, health or safety of the resident or family members that cannot be abated within twenty-four (24) hours.
In these instances, the current unit has become uninhabitable and immediate relocation is required as a result of the following:
Destruction by fire or other disaster; or
The existence of a major maintenance problem that constitutes a serious danger to health and safety that cannot be repaired in a reasonable period of time or while the apartment is occupied.
If the transfer is necessary because of maintenance conditions, and an appropriate unit is not immediately available, HHA will coordinate temporary accommodations to the resident by working with the Red Cross to offer temporary shelter or arranging for temporary lodging at a hotel or similar location.
If the conditions that required the transfer cannot be repaired, or the condition cannot be repaired in a reasonable amount of time, HHA will transfer the resident to the first available and appropriate unit after the temporary relocation.
16.3.2 DEMOLITION, DISPOSITION, REVITALIZATION TRANSFERS
HHA will relocate a resident family with reasonable written notice when the unit or property on which the resident family lives is undergoing major rehabilitation that requires the unit to be vacant, or the unit is being disposed of or demolished.
If the HHA relocation plan calls for transferring Public Housing families to other Public Housing units, affected resident families will be given reasonable written notice and will be placed on the Transfer Waiting List.
In cases of revitalization or rehabilitation, the family may be offered a temporary relocation if applicable under the Uniform Relocation Act provisions, and may be allowed to return to their unit, depending on the established contractual and legal obligations, once revitalization or rehabilitation is complete.
Demolition, Disposition, Revitalization, or Rehabilitation transfers are HHA initiated and are mandatory.
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16.3.3 TRANSFER FROM AN ACCESSIBLE UNIT
In the event an accessible unit/unit with accessible features is occupied by a family that does not require those features, HHA will initiate a transfer when a disabled tenant or applicant requiring the accessible unit/features is identified and a unit becomes available for the family vacating the accessible unit. Families may be required to transfer anywhere in HHA’s inventory.
Families living in accessible units/units with accessible features who do not need the accessible unit/accessible features will be given 30 days’ notice to move when a disabled tenant or applicant is identified who needs the features in the unit. The current resident will not be notified to move until a unit of appropriate size/type unit is identified.
Transfers from accessible units or from units with accessible features are initiated by HHA and are mandatory for the resident.
16.3.4 OCCUPANCY STANDARD TRANSFERS
HHA will transfer resident families when the family size has changed and the family is now too large (under-housed) or too small (over-housed) for their unit.
Occupancy Standards transfers will be initiated by HHA when applicable household changes dictate the need for an occupancy standard transfer. Occupancy Standards transfers are mandatory for the resident. Over/under-housed status will be determined at the time of recertification/interim recertification.
A family that is required to move because of family size will be advised by HHA that a transfer is necessary and that the family has been placed on the appropriate transfer list.
If a family opts for a smaller unit size than would normally be assigned under HHAs occupancy standards, HHA may require the head of household’s signature on a lease amendment acknowledging and agreeing with the approved guideline exception.
16.4 RESIDENT INITIATED TRANSFERS
Transfers that are resident-initiated are not mandatory. The following is the list of HHA transfers that are resident-initiated:
Emergency Public Safety;
Transfer to an Accessible Unit;
Reasonable Accommodation;
16.4.1 EMERGENCY PUBLIC SAFETY
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There are different types of Emergency Public Safety transfers.
1. A family member is a victim of physical harassment, extreme or repeated vandalism to personal property and/or repeated verbal harassment, intimidation or coercion which places the household member(s) in imminent danger;
2. A household member is a victim of domestic violence, dating violence, sexual assault, and/or stalking under VAWA. See HHA’s Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking which is attached as an appendix to this ACOP.
3. The household needs to be relocated because of a household member’s participation in a witness protection program or in order to avoid reprisal as a result of providing information to a law enforcement agency or participation in a witness protection program.
Where emergency VAWA transfers are concerned, see policies on VAWA certification requirements for required documentations. Where Emergency Public Safety transfers, other than VAWA, are concerned, the following apply:
The condition(s) must be certified in writing by a local, State or Federal law enforcement agency. The following are examples of the type of documentation required for a family to qualify for this type of transfer: police reports, letter from law enforcement agency describing the situation and the need for a transfer, restraining order;
It must be determined that the transfer is highly likely to result in an improvement to the tenant’s safety; and
Where appropriate, there must be documentation that the tenant is cooperating with law enforcement in the investigation and prosecution of the crimes that generated the need for the transfer.
16.4.2 TRANSFER TO AN ACCESSIBLE UNIT
In the event a family needs an accessible unit or unit with accessible features, the family may request and HHA, upon verification of the need for the accessible unit/features, will initiate a transfer. HHA will follow the hierarchy of transfers and accessible unit policies in transferring families who require accessible units/features. The following are examples of the reasons for these accessible unit transfers:
The need to be in a ground floor unit or a unit with an accessible path if a family member is unable to climb stairs;
The need for a fully accessible unit.
16.4.3 REASONABLE ACCOMMODATION TRANSFERS
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HHA will transfer resident families with a member that has a verifiable disability that requires an accommodation that cannot be reasonably provided in the resident family’s existing unit. These transfers are resident initiated and will be granted only if the resident demonstrates and HHA verifies a relationship between their disability and the need for a transfer. All such transfers shall be subject to existing federal, state and local laws.
Split family transfers may be initiated by HHA as a means to address a reasonable accommodation transfer. If HHA can only accommodate a family in an appropriate unit by initiating a split family transfer, HHA will authorize the split family transfer and transfer the family to two different units.
Examples of the types of Reasonable Accommodation requests warranting a transfer may include:
The need to be located near a required treatment facility or to be closer to transportation in order to get to a required treatment facility; or
The need for a live-in aide.
16.5 INCENTIVE PROGRAM TRANSFERS
16.5.1 INCENTIVE PROGRAM
Residents who meeting the following criteria will be eligible to transfer to Manilla Apartments:
Recommended by HHA Housing Manager for transfer;
Resides in a HHA development for at least 36 months;
No lease violations in the previous 24 months;
Under no current office or court agreements;
Fewer than two (2) 14-day Notices to Quit in the past 12 months and no more than four (4) Notices to Quit during the previous 24 months;
Excellent housekeeping inspection results for previous 36 months;
Excellent exterior maintenance over the past 36 months, including the areas under the tenant’s responsibility. The areas include stairwell hallways, porches, front and back yards, exterior beds, etc. Tenant must not have received any grounds violation notices for the previous 12 months and;
In properties with tenant-paid utilities, tenant must be able to get utilities turned on in his/her name.
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16.5.2 INCENTIVE PROGRAM VIOLATIONS
If a resident exhibits failure to maintain obligations of incentive program, HHA may transfer tenant out of designated incentive development.
16.6 ORDER OF PROCESSING TRANSFERS
Generally, within each of the transfer categories below, transfers will be processed in order of the applicable transfer category, date/time of the resident family’s transfer request (starting with the earliest date) and required unit type.
On an annual basis, HHA may review its current occupancy goals and objectives and, based on that review, may revise and establish a ratio of transfers to new admissions. Emergency Maintenance and Emergency Public Safety, Demolition, Disposition, Revitalization, or Rehabilitation, Transfers to Make an Accessible Unit Available to a Disabled Family, and Reasonable Accommodation transfers will be processed before any new admissions and are not subject to any new admission to transfer ratio.
Transfers will be processed in the following order:
1. Emergency Maintenance & Emergency Public Safety 2. Transfers from Accessible Units 3. Reasonable Accommodation 4. Demolition, Disposition, Revitalization, or Rehabilitation 5. Incentive Transfers 6. Over/under housed
Over/Under housed transfers are based on availability of the appropriate location, size and features of the available units.
With the approval of HHA Management, HHA may, on a case-by-case basis, transfer a resident family without regard to its placement on the transfer list in order to address the immediate need of a family in crisis. In the event this occurs, full documentation for the transfer rationale will be provided and placed in the resident’s file.
16.7 TRANSFER FROM A FEDERALLY-AIDED UNIT TO A STATE-AIDED UNIT
In the unusual circumstance when there is no federally-aided unit that is adequate in size and meets the circumstances of an administrative transfer or an approved good cause transfer, the tenant may transfer from a federally-aided unit to a state-aided unit with the approval of the Executive Director or his/her designee.
16.8 UNIT OFFERS
The following policies apply to transfer unit offers:
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HHA reserves the right to cancel any transfer request if tenant and/or household members have engaged in lease violation(s) from the time of the transfer application submission through the unit offer;
HHA will offer only one appropriately sized unit that meets the transfer needs;
If resident refuses to move pursuant to a mandatory transfer, the HHA will initiate lease enforcement proceedings, including termination of lease;
If tenant refuses to move pursuant to a resident initiated transfer HHA will remove the resident from the waiting list. The resident will not be eligible for another transfer approval for 12 months from date of unit offer;
If the resident accepts the apartment offer, HHA will inspect resident’s current apartment for housekeeping and resident damage prior to issuance of keys to new unit.
A resident may refuse a transfer unit offer with verifiable good cause. See policies in GOOD CAUSE FOR APARTMENT REFUSAL in Chapter 6.
16.9 ACCEPTANCE OF UNIT
The resident will have five (5) days from the time he/she receive keys to new unit to transfer all belongings. HHA will impose a $25.00 daily fee for each day after the fifth day that resident does not return the keys to the original unit.
The current unit and outside of unit must be left in move-in condition, free of trash, debris, furniture, non-HHA appliances, and any alterations made must be restored to the unit’s original condition. The unit must be swept, mopped and appliances should be clean and grease-free.
If resident refuses to leave the apartment in a clean, swept and damage-free condition, HHA Maintenance Department will assess damage and labor costs and tenant will be charged. HHA may seek lease termination if conditions warrant.
16.10 COST OF TRANSFERS
HHA will pay for reasonable costs related to mandatory transfers with the following exceptions:
Occupancy standard transfers Transfers from accessible units Emergency transfers required because action or inaction by the resident caused the unit to be unsafe or uninhabitable.
For all other transfers, all costs associated with the transfer will be the responsibility of the resident family. HHA may make exceptions to this policy on a case by case basis.
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16.11 RECERTIFICATION POLICIES FOR TRANSFERS
When a family transfers to a new development, their regular reexamination effective date will be changed to be consistent with the reexamination date of the new development. For example, a family who had a reexamination effective date of September 1, and transfers to a unit in a development where reexamination effective dates are March 1, will now have a regular reexamination effective date of March 1.
16.12 SECURITY DEPOSITS
When a family transfers from one unit to another, HHA will transfer their security deposit to the new unit. The resident will be billed for any maintenance or other charges due for the “old” unit.
16.13 APPEAL
If the resident does not agree to a mandatory transfer or HHA denies a resident’s transfer request, HHA shall inform the resident of the right to request a grievance hearing with HHA’s grievance panel and will give the resident a reasonable opportunity to request such a hearing before taking any legal action against the resident.
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CHAPTER 17: INFORMAL HEARINGS FOR APPLICANTS
17.1 OVERVIEW
Applicants who are denied admission to the program, because they are determined to be ineligible or because HHA has no units in its inventory to accommodate the size of the household, will be given written notification promptly, including the reason for the denial and offering them an opportunity for an informal hearing.
17.2 INFORMAL REVIEWS
Informal hearings provide applicants the opportunity to review the reasons for denial of admission and to present evidence to refute the grounds for denial. An applicant is someone who has applied for admission to the public housing program, but is not yet a resident in an HHA unit. Applicants are not entitled to the same hearing process afforded residents under the grievance procedures.
17.2.1 NOTICE OF DENIAL
HHA will give an applicant prompt notice of a decision denying eligibility for admission. The notice will contain a brief statement of the reasons for the decision and will also state that the applicant may request an informal hearing to dispute the decision. The notice will describe the process for requesting an informal hearing.
Before the applicant is denied based on information obtained from criminal or sex offender registration records, the applicant must be given the opportunity to dispute the information in those records which would be the basis of the denial. The applicant may request an administrative review within 10 working days of being notified that HHA intends to deny the applicant based on criminal or sex offender records. Applicants who request an administrative review and whose admission is denied may still request an informal hearing in accordance with the procedures set forth in this policy upon being notified of the denial.
17.2.2 SCHEDULING AN INFORMAL HEARING
Applicants must submit their request for an informal hearing in writing to HHA within 10 working days from the date of the notification of their ineligibility.
If the applicant requests an informal hearing, HHA will schedule and notify the applicant of the place, date, and time of the informal hearing
17.2.3 REASONABLE ACCOMMODATION RELATED TO INFORMAL HEARING PROCESS
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Applicants who have disabilities and need a reasonable accommodation in order to participate in the informal hearing process may request a reasonable accommodation during any stage of the informal hearing process. HHA will consider such requests for reasonable accommodations.
17.2.4 CONDUCTING AN INFORMAL HEARING
Informal hearings will be conducted by an impartial hearing officer. The person who is designated as the hearing officer cannot be the person who made the determination of ineligibility or a subordinate of that person.
The applicant may bring to the hearing any documentation or evidence s/he wishes and the evidence along with the data compiled by HHA will be considered by the hearing officer.
The hearing officer will make a determination based upon the merits of the evidence presented by both sides.
17.2.5 INFORMAL HEARING DECISION
Within 10 working days of the date of the hearing, the hearing officer will mail a written decision explaining the reason(s) for the decision to the applicant, his or her representative (if any), and provide a copy of the decision to HHA’s Admissions and Leasing staff.
In rendering a decision, the hearing officer will evaluate the following matters:
Whether or not the grounds for denial were stated factually in the notice.
Whether the grounds for denial of admission are in accordance with HUD regulations and/or directives, HHA policy, and/or applicable state and/or local laws.
Whether the facts presented support the grounds for denial of admission.
In cases where the applicant makes a reasonable accommodation request to overturn the denial because of the person’s disability, whether the applicant has provided evidence that he or she has a disability that was the reason for the behavior or activity that resulted in the denial and whether the applicant is taking steps to address the disability such that he or she will be able to comply with the requirements of tenancy and program rules.
If the informal hearing decision overturns the denial, processing for admission will resume.
If the applicant fails to appear for their informal hearing, the denial of admission will stand and the applicant will be so notified.
17.2.6 RETENTION OF DOCUMENTS
See Chapter on GENERAL POLICIES.
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CHAPTER 18: INFORMAL HEARING: NON-CITIZENS
18.1 INFORMAL HEARINGS WITH REGARD TO NON-CITIZENS
HHA will comply with HUD regulations and procedures with respect to applicants who are pending a decision under the United States Citizenship and Immigration Services (USCIS) appeal process. Assistance to a family may not be terminated while HHA’s hearing is pending, but assistance to an applicant may be delayed pending the completion of the informal hearing.
18.1.1 NOTICE OF DENIAL OR TERMINATION OF ASSISTANCE
The notice of denial or termination of assistance for non-citizens will advise the family of any of the following that apply:
That financial assistance will be denied or terminated, and provide a brief explanation of the reasons for the proposed denial or termination of assistance.
The family may be eligible for proration of assistance.
In the case of a resident, what the criteria and procedures for obtaining relief are under the provisions for preservation of families.
That the family has a right to request an appeal to the USCIS of the results of secondary verification of immigration status and to submit additional documentation or explanation in support of the appeal.
That the family has a right to request an informal hearing with HHA either upon completion of the USCIS appeal or in lieu of the USCIS appeal.
For applicants, assistance may not be delayed until the conclusion of the USCIS appeal process, but assistance may be delayed during the period of the informal hearing process.
18.1.2 UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES APPEAL PROCESS
When HHA receives notification that the USCIS secondary verification failed to confirm eligible immigration status, HHA will notify the family of the results of the USCIS verification. The family will have 30 calendar days from the date of the notification to request an appeal of the USCIS results. The request for appeal must be made by the family in writing directly to the USCIS. The family must provide HHA with a copy of the written request for appeal and proof of mailing.
HHA will notify the family in writing of the results of the USCIS secondary verification. The family must provide HHA with a copy of the written request for appeal and proof of mailing.
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The family must forward to the designated USCIS office any additional documentation or written explanation in support of the appeal. This material must include a copy of the USCIS document verification request (used to process the secondary request) or such other form specified by the USCIS, and a letter indicating that the family is requesting an appeal of the USCIS immigration status verification results.
The USCIS will notify the family, with a copy to HHA, of its decision. When the USCIS notifies HHA of the decision, HHA will notify the family of its right to request an informal hearing.
HHA will send written notice to the family of its right to request an informal hearing after receiving notice of the USCIS decision regarding the family’s immigration status.
18.1.3 INFORMAL HEARING PROCEDURES FOR APPLICANTS
After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS, an applicant family may request that HHA provide a hearing. The request for a hearing must be made either within 30 calendar days of receipt of HHA’s notice of denial, or within 30 calendar days of receipt of the USCIS appeal decision.
The informal hearing procedures for applicant families are described below.
Informal Hearing Officer HHA will provide an informal hearing before an impartial individual, who may be an HHA employee, other than a person who made or approved the decision under review, and other than a person who is a subordinate of the person who made or approved the decision.
Evidence The family must be provided the opportunity to examine and copy at the family’s expense, at a reasonable time in advance of the hearing, any documents in the possession of HHA pertaining to the family’s eligibility status, or in the possession of the USCIS (as permitted by USCIS requirements), including any records and regulations that may be relevant to the hearing.
The family will be allowed to copy any documents related to the hearing at their own cost. The family must request discovery of HHA documents no later than 12:00 p.m. two working days prior to the hearing.
The family must be provided the opportunity to present evidence and arguments in support of eligible status. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings.
The family must also be provided the opportunity to refute evidence relied upon by HHA, and to confront and cross-examine all witnesses on whose testimony or information HHA relies.
Representation and Interpretive Services The family is entitled to be represented by an attorney or other designee, at the family’s expense, and to have such person make statements on the family’s behalf.
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The family is entitled to request an interpreter. HHA will provide a competent interpreter, free of charge, upon request. The family may also or instead provide its own interpreter, at the expense of the family.
Hearing Decision HHA will provide the family with a written notice of the final decision, based solely on the facts presented at the hearing, within 14 calendar days of the date of the informal hearing. The notice must state the basis for the decision.
18.1.4 INFORMAL HEARING PROCEDURES FOR RESIDENTS WHO ARE NON-CITIZENS PENDING A USCIS APPEAL
After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS, a resident family may request that HHA provide a hearing. The request for a hearing must be made either within 30 calendar days of receipt of HHA’s notice of termination, or within 30 calendar days of receipt of the USCIS appeal decision.
The informal hearing procedures for resident families whose tenancy is being terminated based on immigration status are the same as for any grievance under the grievance procedures for resident families.
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CHAPTER 19: GRIEVANCE POLICY
19.1 INTRODUCTION
HHA has a grievance procedure in place through which residents are provided an opportunity to grieve any HHA action or failure to act involving the lease or HHA policies which adversely affect their rights, duties, welfare, or status. See APPENDIX F: GRIEVANCE POLICY
HHA’s grievance procedure is incorporated by reference in, the lease.
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CHAPTER 20: TERMINATIONS
20.1 OVERVIEW
This chapter presents the policies that govern voluntary termination of the lease by the family and the mandatory and voluntary termination of the lease by HHA. Either party to the dwelling lease agreement may terminate the lease in accordance with the terms of the lease. When the family moves from their public housing unit, they lose their rental assistance. Therefore, there are additional safeguards to protect the family’s tenancy in federally assisted housing. HHA has the authority to terminate the lease because of the family’s failure to comply with regulations, for serious or repeated violations of the terms of the lease, and for other good cause.
20.2 TERMINATION BY RESIDENT
The family may terminate the lease by providing HHA with 30 day’s prior notice at any time, for any reason, as indicated in the lease. Such notice must be in writing and delivered to the HHA’s management office or sent by pre-paid first-class mail, properly addressed. The notice of lease termination must be signed by the head of household and co-head. If the resident vacates prior to the end of the thirty (30) days, he/she will be responsible for rent through the end of the notice period. When a family must give less than 30 days’ notice due to circumstances beyond the family’s control, HHA, at its discretion, may waive the 30 day notice requirement.
20.3 MANDATORY TERMINATION
HUD requires mandatory termination of the lease for certain actions or inactions of the family. Conditions for mandatory termination include the reasons listed below.
20.3.1 FAILURE TO PROVIDE CONSENT
HHA will terminate the lease if any family member fails to sign and submit any consent form s/he is required to sign for any reexamination.
20.3.2 FAILURE TO DOCUMENT CITIZENSHIP
HHA will terminate the lease if:
A family fails to submit required documentation within the required timeframe concerning any family member’s citizenship or immigration status;
A family submits evidence of citizenship and eligible immigration status in a timely manner, but United States Citizenship and Immigration Services (USCIS) primary and secondary verification does not verify eligible immigration status of the family, resulting in no eligible family members; or
A family member, as determined by HHA, has knowingly permitted another individual who is not eligible for assistance to reside (on a permanent basis) in the unit. The
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mandatory termination does not apply to ineligible noncitizens listed on the lease resulting in proration of assistance.
20.3.3 FAILURE TO DISCLOSE AND DOCUMENT SOCIAL SECURITY NUMBERS
HHA will terminate assistance if a participant family fails to disclose the complete and accurate social security numbers of each household member and the documentation necessary to verify each social security number.
HHA will defer the family’s termination and provide the family with the opportunity to comply with the requirement for a period not to exceed 90 calendar days from the date HHA determined the family to be noncompliant for circumstances beyond the participant’s control. These may include, but are not limited to, delayed processing of the social security number application by the Social Security Administration, natural disaster, fire, death in the family, or other emergency.
20.3.4 FAILURE TO ACCEPT HHA’S OFFER OF A LEASE REVISION
HHA will terminate the lease if the family fails to accept HHA’s offer of a lease revision to an existing lease, provided HHA has done the following:
The revision is on a form adopted by HHA pertaining to requirements for notice to residents and resident organizations and their opportunity to present comments;
HHA has made a written notice of the offer of the revision at least 60 calendar days before the lease revision is scheduled to take effect; and
HHA has specified in the offer a reasonable time limit within that period for acceptance by the family.
20.3.5 METHAMPHETAMINE CONVICTION
HHA will immediately terminate the lease if HHA determines that any household member has ever been convicted of the manufacture or production of methamphetamine on the premises of federally-assisted housing.
20.3.6 LIFETIME REGISTERED SEX OFFENDERS
Should HHA discover that a member of an assisted household was subject to a lifetime registration requirement at admission and was erroneously admitted after June 25, 2001, HHA will immediately terminate assistance for the household member.
In this situation, HHA will offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, HHA will terminate assistance for the household.
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20.3.7 NONCOMPLIANCE WITH COMMUNITY SERVICE REQUIREMENTS
HHA is prohibited from renewing the lease at the end of the lease term when the family fails to comply with the community service requirements.
20.3.8 DEATH OF A SOLE FAMILY MEMBER
HHA will immediately terminate assistance for a deceased single member household.
20.4 OTHER AUTHORIZED REASONS FOR TERMINATION
Besides requiring HHA to terminate the lease under the circumstances described above, HUD requires HHA to establish provisions in the lease for termination pertaining to certain activities stated in the regulations. While these provisions for lease termination must be in the lease agreement, HUD does not require HHA to terminate for such violations in all cases. HHA has the discretion to consider circumstances surrounding the violation.
In addition, HUD authorizes PHAs to terminate the lease for other grounds, but for only those grounds that constitute serious or repeated violations of material terms of the lease or for other good cause.
20.4.1 ADDITIONAL AUTHORIZED REASONS FOR TERMINATION INCLUDED IN THE LEASE
HHA has the discretion to terminate the lease when and if HHA determines that the resident, a member of the resident’s household or guest, or any other person under the resident’s control participates in any of the following activities:
Engaging in drug-related criminal activity on or off the premises;
Illegally using a drug or a pattern of illegal use of a drug that interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;
Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents or by persons residing in the immediate vicinity of the premises;
Abuse or pattern of abuse of alcohol that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents;
Furnishing false or misleading information concerning illegal drug use, alcohol abuse, or rehabilitation of illegal drug users or alcohol abusers;
20.4.2 OTHER SERIOUS OR REPEATED VIOLATION OF MATERIAL TERMS OF THE LEASE
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In addition, HHA may terminate the lease for other grounds that constitute serious or repeated violations of material terms of the lease or for other good cause. What constitutes serious or repeated lease violations, and other good cause, is based upon the content of HHA’s lease. In the development of the terms of the lease, HHA will consider the requirements imposed by state and local landlord-tenant law, as well as HUD regulations and federal statutes.
HHA will terminate the lease for the following violations of tenant obligations under the lease:
The failure to pay rent or other payments when due;
Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges. Three such late payments within a 12 month period shall constitute a repeated late payment;
Misrepresentation of family income, assets or composition;
Failure to supply, in a timely fashion, any certification, release, information, or documentation on family income or composition needed to process regular reexaminations or interim redeterminations;
Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds or parking areas of any project site;
Offensive weapons or illegal drugs seized in an HHA unit by a law enforcement officer; or
Any fire on HHA premises cause by carelessness or unattended cooking.
20.4.3 TERMINATION DUE TO FAMILY ABSENCE FROM THE UNIT
It is reasonable that the family may be absent from the public housing unit for brief periods. Absence in this context means that no member of the family is residing in the unit. The head of household must notify the HHA in writing if all members of the household intend to be absent from the unit for more than thirty (30) consecutive days.
If a family is absent from the federally subsidized unit for more than 30 consecutive calendar days, and the family does not adequately verify that they are living in the unit; HHA will terminate the lease.
If the family appears to have vacated the unit without giving proper notice, HHA will follow state and local landlord-tenant law pertaining to abandonment before taking possession of the unit.
20.4.4 TERMINATION OF OVER-INCOME FAMILIES
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See policies on over-income families in the chapter on REEXAMINATION AND CONTINUED OCCUPANCY.
20.5 ALTERNATIVES TO TERMINATION OF TENANCY
Upon consideration of alternatives to termination of tenancy and factors surrounding the violation, HHA may, on a case-by-case basis, choose not to terminate the lease subject to approval by HHA’s Senior Management to give such approvals.
20.5.1 EXCLUSION OF CULPABLE HOUSEHOLD MEMBER
As an alternative to termination of the lease for criminal activity or alcohol abuse, HHA may consider exclusion of the culpable household member as documented in a memorandum of understanding. Such an alternative can be used for any other reason where such a solution appears viable in accordance with the HHA policies.
As a condition of the family’s continued occupancy, the head of household must certify that the culpable household member has vacated the unit and will not be permitted to visit or to stay as a guest in the assisted unit. The family must present evidence of the former household member’s current address upon HHA request.
20.5.2 PAYMENT OF FAMILY DEBTS
If a family owes amounts to HHA, and there are no other lease violations, as a condition of continued occupancy, HHA may require the family to pay the full amount or to enter into a payment agreement. Violation of a repayment agreement is grounds for termination.
20.6 CRITERIA FOR DECIDING TO TERMINATE TENANCY
20.6.1 CONSIDERATION OF CIRCUMSTANCES
Although HUD requires that certain lease provisions exist for criminal activity and alcohol abuse, HUD allows HHA to consider all circumstances relevant to a particular case in order to determine whether or not to terminate the lease.
HHA will consider the following factors before deciding whether to terminate the lease for any of the HUD required lease provisions or for any other reasons:
The seriousness of the offending action, especially with respect to how it would affect other residents
The extent of participation or culpability of the head of household, or other household members, in the offending action, including whether the culpable member is a minor, a person with disabilities, or a victim of domestic violence, dating violence, sexual assault, or stalking
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The effects that the eviction will have on other family members who were not involved in the action or failure to act
The effect on the community of the termination, or of the failure by HHA to terminate the tenancy
The effect of HHA’s decision on the integrity of the federally subsidized housing program
The demand for housing by eligible families who will adhere to lease responsibilities
The extent to which the head of household has shown personal responsibility and whether s/he has taken all reasonable steps to prevent or mitigate the offending action
The length of time since the violation occurred, the family’s recent history, and the likelihood of favorable conduct in the future
In the case of program abuse, the dollar amount of the underpaid rent and whether or not a false certification was signed by the family.
20.6.2 CONSIDERATION OF REHABILITATION
In determining whether to terminate the lease for illegal drug use or a pattern of illegal drug use, or for abuse or a pattern of abuse of alcohol, by a household member who is no longer engaging in such use or abuse, HHA will consider whether such household member has successfully completed a supervised drug or alcohol rehabilitation program. For this purpose, HHA will require the resident to submit evidence of the household member’s successful completion of a supervised drug or alcohol rehabilitation program.
20.6.3 REASONABLE ACCOMMODATION
If the family includes a person with disabilities, HHA’s decision to terminate the family’s lease is subject to consideration of reasonable accommodation requests, if made by the family, in accordance with HHA’s reasonable accommodation policy and procedures, federal law and HUD regulations. If a family makes a reasonable accommodation request indicating that the behavior of a family member with a disability is the reason for a proposed lease termination, HHA may require documentation that the family member has a disability and will determine whether the behavior is related to the disability. If HHA determines that the family member has a disability and that the behavior is related to the disability, it may engage in the interactive process with the family to address the reasonable accommodation request. HHA may approve such reasonable accommodation requests if it is established that the behavior that is the basis of the proposed lease termination is being addressed such that the family is able to meet the requirements of tenancy going forward.
20.6.4 NON-DISCRIMINATION LIMITATION
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HHA’s eviction actions must be consistent with fair housing and equal opportunity requirements of federal, state and local law and applicable HUD regulations.
20.7 TERMINATIONS RELATED TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKINGS
This section addresses the protections against termination of tenancy that the Violence against Women Act of 2013 (VAWA) provides for public housing residents who are victims of domestic violence, dating violence, sexual assault, or stalking.
20.7.1 VAWA PROTECTIONS AGAINST TERMINATION
VAWA provides that no person may deny assistance, tenancy, or occupancy rights to public housing to a tenant on the basis or as a direct result of criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking that is engaged in by a member of the household of the tenant or any guest or other person under the control of the tenant, if the tenant or affiliated individual is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking. VAWA further provides that incidents of actual or threatened domestic violence, dating violence, sexual assault, or stalking may not be construed either as serious or repeated violations of the lease by the victim or threatened victim of such violence or as good cause for terminating the tenancy or occupancy rights of the victim of such violence.
20.7.2 LIMITS ON VAWA PROTECTIONS
While VAWA prohibits HHA from using domestic violence, dating violence, sexual assault, or stalking as the cause for a termination or eviction action against a resident of federally subsidized housing who is the victim of the abuse, the protections it provides are not absolute. Specifically:
VAWA does not limit the otherwise available authority of HHA to terminate assistance to or evict a victim for lease violations not premised on an act of domestic violence, dating violence, sexual assault, or stalking provided that HHA does not subject the victim to a more demanding standard than the standard to which it holds other residents.
VAWA does not limit a HHA’s authority to terminate the tenancy of any public housing resident if the HHA can demonstrate an actual and imminent threat to other residents or those employed at or providing service to the property if that resident’s tenancy is not terminated.
HUD regulations authorize HHA to terminate the victim’s assistance when a victim poses an actual and imminent threat “only when there are no other actions that could be taken to reduce or eliminate the threat.”
20.7.3 TERMINATING ASSISTANCE OF A VAWA OFFENDER
Although VAWA provides termination protection for victims of domestic violence, dating violence, sexual assault and/or stalking, it does not provide protection for offenders. HHA may
ACOP: TERMINATIONS 20-7 exercise its explicit authority to “evict, remove, or terminate assistance to any individual who is a resident or lawful occupant of the housing and who engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual without evicting, removing, terminating assistance to, or otherwise penalizing a victim of such criminal activity who is also a resident or lawful occupant of the housing.”
This authority supersedes any local, state, or other federal law to the contrary. However, if HHA chooses to exercise this authority, HHA will follow any procedures prescribed by HUD or by applicable local, state, or federal law regarding termination of assistance.
When the actions of a resident or other family member result in a decision to terminate the family’s assistance and another family member claims that the actions involve criminal acts of physical violence against family members or others, HHA will request that the victim submit the required certification and supporting documentation in accordance with the stated timeframe. If the certification and supporting documentation are submitted within the required timeframe, or any approved extension period, HHA will terminate only the offender’s assistance. If the victim does not provide the certification and supporting documentation, as required, HHA will proceed with termination of the family’s assistance.
If HHA can demonstrate an actual and imminent threat to other residents or those employed at or providing service to the property if the resident’s tenancy is not terminated, HHA will bypass the standard process and proceed with the immediate termination of the family’s assistance.
For VAWA requirements and the policies pertaining to notification, documentation, and confidentiality, see chapters on FAIR HOUSING AND EQUAL OPPORTUNITY as well as on TRANSFER POLICY in this ACOP.
20.8 NOTIFICATION REQUIREMENTS, EVICTION PROCEDURES AND RECORD KEEPING
20.8.1 CONDUCTING CRIMINAL RECORDS CHECKS
HUD authorizes HHA to conduct criminal records checks on public housing residents for lease enforcement and eviction. HHA policy determines when HHA will conduct such checks.
HHA will conduct criminal records checks when it has come to the attention of HHA, either from local law enforcement or by other means that an individual has engaged in the destruction of property, engaged in violent activity against another person, or has interfered with the right to peaceful enjoyment of the premises of other residents. Such checks will also include sex offender registration information. In order to obtain such information, all adult household members must sign consent forms for release of criminal conviction and sex offender registration records. HHA will not require the resident to pay the costs of a criminal records check.
20.8.2 DISCLOSURE OF CRIMINAL RECORDS TO FAMILY
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If HHA uses the authority of 24 CFR 5.903 and 5.905 to obtain criminal record information, certain protections shall be afforded to the resident before any adverse action is taken. See CHAPTER 5: ELIGIBILITY for additional policy and procedural information on disclosure of criminal records to the family.
The family will be given an opportunity to dispute the accuracy and relevance of the information. If the family does not contact HHA to dispute the information, HHA will proceed with the termination action. Should the resident not exercise their right to dispute the information prior to any adverse action, the resident still has the right to dispute the information in the grievance hearing or at court trial.
20.8.3 LEASE TERMINATION NOTICE: FORM, DELIVERY, AND CONTENT OF THE NOTICE
Notices of lease termination must be in writing. The notice must state the specific grounds for termination, the date the termination will take place, the resident’s right to reply to the termination notice, and the resident’s right to examine HHA documents directly relevant to the termination or eviction. If HHA does not make the documents available for examination upon request by the resident, HHA may not proceed with the eviction.
When HHA is required to offer the resident an opportunity for a grievance hearing, the notice will also inform the resident of their right to request a hearing in accordance with HHA’s grievance procedure. In these cases, the tenancy shall not terminate until the time for the resident to request a grievance hearing has expired or, if a grievance was requested, the grievance procedure has been completed.
When HHA is not required to offer the resident an opportunity for a grievance hearing because HUD has made a due process determination and the lease termination is for criminal activity that threatens the health, safety or the right to peaceful enjoyment or for drug-related criminal activity, the notice of lease termination must state that the resident is not entitled to a grievance hearing on the termination. It will specify the judicial eviction procedure to be used by HHA for eviction of the resident, and state that HUD has determined that the eviction procedure provides the opportunity for a hearing in court that contains the basic elements of due process as defined in HUD regulations. The notice will also state whether the eviction is for a criminal activity that threatens the health, safety, or the right to peaceful enjoyment of the premises of other residents or employees of HHA, or for a drug-related criminal activity on or off the premises.
20.8.4 TIMING OF THE NOTICE
HHA will give written notice of lease termination as follows:
14 calendar days in the case of failure to pay rent A reasonable period of time considering the seriousness of the situation (but not to exceed 30 calendar days): o If the health or safety of other residents, HHA employees, or persons residing in the immediate vicinity of the premises is threatened;
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o If any member of the household has engaged in any drug-related criminal activity or violent criminal activity; or o If any member of the household has been convicted of a felony. 30 calendar days in any other case, except that if a state or local law allows a shorter notice period, such shorter period shall apply.
The Notice to Vacate that may be required under state or local law may be combined with or run concurrently with the notice of lease termination.
20.8.5 NOTICE OF NONRENEWAL DUE TO COMMUNITY SERVICE NONCOMPLIANCE
When HHA finds that a family is in noncompliance with the community service requirement, the resident and any other noncompliant resident must be notified in writing of this determination. Notices of noncompliance will be issued in accordance with the requirements and policies in the CHAPTER 15: COMMUNITY SERVICE.
20.8.6 NOTICE OF TERMINATION BASED ON CITIZENSHIP STATUS
In cases where termination of tenancy is based on citizenship status, HUD requires the notice of termination to advise the family of the reasons their assistance is being terminated and to advise the family of any of the following that apply: the family’s eligibility for proration of assistance, the criteria and procedures for obtaining relief under the provisions for preservation of families, the family’s right to request an appeal to the U.S. Citizen & Immigration Services (USCIS) of the results of secondary verification of immigration status and to submit additional documentation or a written explanation in support of the appeal, and the family’s right to request an informal hearing with HHA either upon completion of the USCIS appeal or in lieu of the USCIS appeal. Please see the INFORMAL HEARING FOR NON-CITIZENS chapter in this ACOP for HHA’s informal hearing procedures.
20.8.7 EVICTION NOTICE
HHA may only evict the resident from the unit by instituting a court action and obtaining a court order awarding possession to HHA.
HHA will not proceed with an eviction action if it has not made available the documents to be used in the case against the family, and has not afforded the family the opportunity to examine and copy such documents in accordance with the provisions of federal law and HUD regulations.
20.8.8 NOTIFICATION TO POST OFFICE
When HHA evicts an individual or family for criminal activity, including drug-related criminal activity, HHA will notify the local post office serving the dwelling unit that the individual or family is no longer residing in the unit.
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CHAPTER 21: PROGRAM INTEGRITY
21.1 INTRODUCTION
HHA is committed to ensuring that the proper level rent is charged to all participating households and maintaining program integrity. Further, HHA will take all steps necessary to prevent fraud, waste, and mismanagement so that program resources are utilized judiciously. This chapter outlines HHA's policies for the prevention, detection, and investigation of program abuse and fraud.
21.2 PREVENTING AND DETECTING PROGRAM ABUSE AND FRAUD
HHA management and staff will utilize various methods and practices to prevent program abuse, noncompliance, and willful violations of program rules by applicants and residents. This policy objective is to establish confidence and trust in the management by emphasizing education as the primary means to obtain compliance by tenants.
HHA will work to increase resident awareness of the importance of program integrity using a variety of methods, including but not limited to, distribution of informational brochures, orientation, tenant counseling and use of instructive signs and warnings.
In addition to taking steps to prevent errors and program abuse, HHA will use a variety of activities to detect errors and program abuse.
HHA will use the results of monitoring reports to identify potential program abuses as well as to assess the effectiveness of HHA’s error detection and abuse prevention efforts. HHA will encourage staff, program participants, and the public to report possible program abuse.
21.3 INVESTIGATION
21.3.1 WHEN HHA WILL INVESTIGATE
HHA will review referrals, specific allegations, complaints, and tips from any source, including other agencies, companies, and individuals, to determine if they warrant investigation. In order for HHA to investigate, the allegation must contain at least one independently-verifiable item of information, such as the name of an employer or the name of an unauthorized household member.
HHA will investigate inconsistent information related to the family that is identified through file reviews and the verification process.
Investigated complaints include, but are not limited to, the following:
Illegal drug activity;
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Fraud;
Violent criminal activity;
Unauthorized occupancy;
Subletting;
Failure to report a change in household composition;
Participant vacating without notice;
Unreported income; and
Activities that threaten the right to peaceful enjoyment of the premises by other residents.
21.3.2 CONSENT TO RELEASE OF INFORMATION
HHA may investigate possible instances of error or abuse using all available HHA and public records. If necessary, HHA will require PH families to give consent to the release of additional information.
21.3.3 ANALYSIS AND FINDINGS
HHA will base its evaluation on a preponderance of the evidence collected during its investigation. Preponderance of the evidence is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence that as a whole shows that the fact sought to be proved is more probable than not. Preponderance of evidence may not be determined by the number of witnesses, but by the greater weight of all evidence.
For each investigation HHA will determine:
Whether an error or program abuse has occurred;
Whether any amount of money is owed HHA; and
What corrective measures or penalties will be assessed.
21.3.4 CONSIDERATION OF REMEDIES
All errors and instances of program abuse must be corrected prospectively. Whether HHA will enforce other corrective actions and penalties depends upon the nature of the error or program abuse.
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In the case of family-caused errors or program abuse, HHA will take into consideration:
The seriousness of the offense and the extent of participation or culpability of individual family members;
Any special circumstances surrounding the case;
Any mitigating circumstances related to the disability of a family member; and
The effects of a particular remedy on family members who were not involved in the offense.
21.4 NOTICE AND APPEALS
HHA will inform the relevant party in writing of its findings and remedies. The notice will include:
A description of the error or program abuse;
The basis on which HHA determined the error or program abuses;
The remedies to be employed; and
The family’s right to appeal the results, if applicable.
21.5 HHA CAUSED UNDER- OR OVERPAYMENT
HHA caused incorrect rental determinations include:
Failing to correctly apply public housing rules regarding family composition, income, assets, and expenses; and
Errors in calculation.
An under- or overpayment includes an incorrect tenant rent payment by the family, or an incorrect utility reimbursement to a family.
Corrections Whether the incorrect rental determination is an overpayment or underpayment, HHA will promptly correct the tenant rent and any utility reimbursement.
Increases in the tenant rent will be implemented only after the family has received 30 days’ notice. Any decreases in the tenant rent will become effective the first of the month following the discovery of the error.
The family is not required to repay an underpayment of rent resulting from errors caused by HHA staff or program abuse by HHA staff. HHA will reimburse a family for any family
ACOP: PROGRAM INTEGRITY 21-3 overpayment of rent, regardless of whether the overpayment was the result of staff-caused error or staff program abuse.
21.6 DEBTS TO HHA
When an action or inaction of a family results in the underpayment of rent, HHA holds the participant liable. An incorrect rent determination caused by a family generally would be the result of incorrect reporting of family composition, income, assets, or expenses, but also would include instances in which the family knowingly allows HHA to use incorrect information provided by a third party. HHA will enter into repayment agreements in accordance with the policies contained in this part as a means to recover overpayments.
21.6.1 FAMILY DEBTS TO HHA
Any amount owed to HHA by the family must be repaid by the family. If the family is unable to repay the debt within 30 days, HHA may offer to enter into a repayment agreement in accordance with the policies in this Plan.
If the family refuses to repay the debt, does not enter into a repayment agreement, or breaches a repayment agreement, HHA will terminate the lease in accordance with the policies in this Plan and pursue other modes of collection.
21.7 REPAYMENT AGREEMENTS
The term repayment agreement refers to a formal written document signed by the resident in which a resident acknowledges a debt in a specific amount and agrees to repay the amount due at specific time periods. HHA may, but is not required to enter into a repayment agreement.
Down Payment Requirement Prior to the execution of a repayment agreement, the family must pay 10 percent of the balance owed to HHA.
Payment Thresholds Amounts between $3,000 and the Federal or State threshold for criminal prosecution must be repaid within 36 months.
Amounts between $2,000 and $2,999 must be repaid within 30 months.
Amounts between $1,000 and $1,999 must be repaid within 24 months.
Amounts under $1,000 must be repaid within 12 months.
Execution of the Agreement The head of household and spouse/co-head [if applicable] must sign the repayment agreement.
Due Dates
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All payments are due by the close of business on the 15th day of the month or on a mutually agreed upon due date reflected in the repayment agreement. If the 15th does not fall on a business day, the due date is the close of business on the first business day after the 15th, unless other arrangements have been agreed upon by both the debtor and HHA in writing.
Late or Missed Payments If a payment is not received by the end of the business day on the date due, and prior approval for the missed payment has not been given by HHA, HHA will send the family a delinquency notice giving the family 10 business days to make the late payment. If the payment is not received by the due date of the delinquency notice, it will be considered a breach of the agreement and HHA will terminate the lease upon written notification to the family.
If a family receives 3 delinquency notices for unexcused late payments in a 12 month period, the repayment agreement will be considered in default, and HHA will terminate the lease upon written notification to the family.
No Offer of Repayment Agreement HHA will not enter into a repayment agreement if there is already a repayment agreement in place with the family, or the amounts owed by the family exceeds the Federal or State threshold for criminal prosecution.
Repayment Agreements Involving Improper Payments Notice PIH 2010-19 requires certain provisions to be included in any repayment agreement involving amounts owed by a family because it underreported or failed to report income:
A reference to the items in the public housing lease that state the family’s obligation to provide true and complete information at every reexamination and the grounds on which HHA may terminate assistance because of a family’s action or failure to act.
A statement clarifying that each month the family not only must pay to HHA the monthly payment amount specified in the agreement but must also pay to HHA the monthly tenant rent.
A statement that the terms of the repayment agreement may be renegotiated if the family’s income decreases or increases.
A statement that late or missed payments constitute default of the repayment agreement and may result in termination of tenancy.
21.8 FAMILY-CAUSED ERRORS AND PROGRAM ABUSE
In the case of family-caused errors or program abuse, HHA will take into consideration:
The seriousness of the offense and the extent of participation or culpability of individual family members;
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Any special circumstances surrounding the case;
Any mitigating circumstances related to the disability of a family member; and
The effects of a particular remedy on family members who were not involved in the offense.
In the case of family-caused errors or program abuse, the family will be required to repay unpaid rent. HHA may, but is not required to, offer the family a repayment agreement. If the family fails to repay the unpaid rent, HHA will terminate the lease.
21.8.1 PENALTIES FOR PROGRAM ABUSE BY A FAMILY
In the case of program abuse caused by a family, HHA may, at its discretion, impose any of the following remedies:
HHA may require the family to repay unpaid rent, as described earlier in this section.
HHA may require, as a condition of continue occupancy, that a culpable family member not reside in the unit.
HHA may deny or terminate the family’s lease
HHA may refer the family for state or federal criminal prosecution.
21.9 PROHIBITED ACTIVITIES BY HHA STAFF
HHA will take prompt action to address program abuse by HHA staff. Any of the following will be considered evidence of program abuse by HHA staff:
Failing to comply with any public housing program requirements for personal gain
Failing to comply with any public housing program requirements as a result of a conflict of interest relationship with any applicant or resident
Seeking or accepting anything of material value from applicants, residents, vendors, contractors, or other persons who provide services or materials to HHA
Disclosing confidential or proprietary information to outside parties
Gaining profit as a result of insider knowledge of HHA activities, policies, or practices
Misappropriating or misusing public housing funds
Destroying, concealing, removing, or inappropriately using any records related to the public housing program
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Committing any other corrupt or criminal act in connection with any federal housing program
21.10 CRIMINAL PROSECUTION
When HHA determines that program abuse by a family or HHA staff member has occurred and the amount of underpaid rent meets or exceeds the threshold for prosecution under local or state law, HHA will refer the matter to the appropriate entity for prosecution.
When the amount of underpaid rent meets or exceeds the federal threshold, the case will also be referred to the HUD Office of Inspector General (OIG).
Other criminal violations related to the public housing program will be referred to the appropriate local, state, or federal entity.
21.11 FRAUD AND PROGRAM ABUSE RECOVERIES
HHA may retain a portion of program fraud losses that HHA recovers from a family through litigation, court order, or a repayment agreement in accordance with applicable requirements included in this Plan.
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CHAPTER 22: FAMILY SELF-SUFFICIENCY
22.1 OVERVIEW
The mission of the FSS program is to assist enrolled families by maintaining an FSS Program which provides case management and peer support, coordinates with local resources and services needed by FSS participants, and offers concrete incentives, such as the FSS escrow account, to encourage families to set and achieve their short and long term goals toward employment and economic self-sufficiency. Additionally, among the goals of the FSS program are the elimination of participants’ needs for public assistance and enhancement of participants’ abilities to achieve homeownership, if desired.
The Family Self Sufficiency Program (FSS) helps eligible families achieve economic independence and self-sufficiency over a five year period. HHA works with the public and private sectors to create a workforce enhancement program where participants receive training and counseling such as skill building, job training and educational opportunities, and referrals to other ancillary supports such as child care and transportation providers.
A five-year “Contract of Family Participation” (COP) is tailored for each participant. This contract outlines the participant’s goals and describes the various work-related activities in which the participant agrees to participate. The participant is allowed to modify their goals as they gain both work experience and more perspective on their future. As the participant’s income and rent increases, an escrow account is established by HHA to set aside funds for the participant’s use at the end of the program.
22.2 PROGRAM BENEFITS AND ROLES AND RESPONSIBILITIES
FSS staff will provide technical assistance and support, information and referral, and program activities (such as workshops, peer groups meetings, recreational events, etc.) to participants throughout their FSS participation in order to assist the family in meeting their goals. The FSS Coordinator will establish program expectations around communication methods and frequency in order to maintain regular contact with participating families; beyond this, it is the role of the family to initiate contact if they feel that they need additional services, resources, or support.
22.3 OUTREACH
HHA will establish procedures to ensure that eligible families are informed about the program, offered the opportunity to enroll on a voluntary basis, offered a thorough family and employment development assessment, and assisted in identifying employment and other self-sufficiency goals for the five-year participation period.
22.4 PROGRAM SIZE
HHA will operate its FSS program adhering to the minimum program size requirements. HHA may choose to operate an FSS program of a larger size than the minimum. HHA will reduce the minimum program size by one slot for each family that graduates. If an FSS slot is vacated by a
ACOP: FAMILY SELF-SUFFICIENCY 22-1 family that has not completed its FSS contract of participation obligations, the slot will be filled by a replacement family selected in accordance with the policies in the Plan.
22.5 FSS ACTION PLAN
HHA will prepare and obtain HUD approval on an FSS Action Plan that complies with the requirements of the FSS program prior to implementation of the FSS program. The Action plan will be developed by HHA in consultation with the Chief Executive officer of general local government and the Program Coordinating Committee (PCC).
HHA will submit any Action Plan policy changes and/or changes regarding program size to HUD for approval.
The FSS Action Plan will contain information on:
Family demographics;
Estimate of participating families;
Eligible families from other self-sufficiency programs;
FSS family selection procedures;
Incentives to encourage participation;
Outreach efforts;
FSS activities and supportive services;
Method for identification of family support needs;
Program termination, withholding of services and available grievance procedures;
Assurances of non-interference with the rights of participating families;
Timetable for program implementation; and
Certification of coordination.
22.6 PROGRAM COORDINATING COMMITTEE
HHA will establish a PCC to assist HHA in securing commitments of public and private resources for the operation of the FSS program within HHA’s jurisdiction, including assistance in developing the Action Pan and in implementing the program.
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The PMC will consist of HHA representatives and Section 8 and Public Housing participants and may also include representatives:
Local government served by HHA;
Local agencies responsible for carrying out JOBS training programs or programs under the JTPA;
State , local or tribal welfare and employment agencies;
Public or private training institutions
Child care providers
Non-profit service program providers;
Private business; and
Any other public and private service providers with resources to assist the FSS program
HHA may, in consultation with the Chief Executive Officer of local government, utilize an existing entity as the PCC if the membership is consistent with the PMC requirements and includes individuals from the same or similar organizations as identified above.
22.7 SELECTION OF FSS PARTICIPANTS
FSS participants will be selected from the universe of current HCV and PH participants. Participation is on a voluntary basis. If there are more participants than program slots, a lottery will be held with those not initially selected being placed on a waiting list. Thereafter, HHA will use the date the family expressed an interest in participating in FSS as the means to select and order selection of FSS participants. There are no selection preferences for participation in HHA’s FSS program.
22.8 ELIGIBILITY
All families participating in HHA’s Public Housing and Section 8 Housing Choice Voucher program are eligible to enroll in the FSS program.
HHA will use the following criteria to determine eligibility for participation in the FSS program:
May be a current tenant of HCV or PH programs;
Must not owe HHA money related to their participation in the HCV or PBV programs;
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Must be in compliance with the lease and other program requirements. Receipt of two or more proposed termination letters in a twelve month period will be deemed “not in compliance with program requirements”;
Must complete the specified tasks, or attend required meetings; and
Must demonstrate interest and motivation to participate in the FSS program. Such screening will measure the family’s interest and motivation, not their qualifications or ability. Examples of motivational screening tasks which HHA may require include:
o Attendance at FSS orientation session or pre-selection interviews;
o Completion of certain tasks that indicate the family’s willingness to undertake the FSS contract obligations such as:
. Contacting a job training program
. Contacting an educational program
The head of household must be a participant in FSS before any other family members will be considered.
22.9 FSS CONTRACT OF PARTICIPATION
A family enrolls in the FSS Program, with all rights and responsibilities, by entering into an FSS COP and signing the COP with HHA. FSS participants are subject to all applicable regulations and MTW policies which are stipulated in the COP.
Prior to enrollment in the FSS Program, the family will set personal achievable goals and specific interim goals as a means to measure the family’s progress toward achieving economic independence. The designated head of each family participating in the FSS Program must execute an FSS COP.
The FSS COP will contain information related to:
Individual Training and Service Plan (ITSP);
Interim goals;
Compliance with the lease terms;
Employment obligation;
Consequences of non-compliance with the contract;
Contract term;
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Contract extension;
Unavailability of supportive services;
Contract modifications;
Completion of the contract;
Termination of the contract;
Option to terminate; and
Transitional supportive service assistance.
HHA will use the income and rent numbers taken from the amounts on the last reexamination or interim determination before the family’s initial participation in the FSS program, unless more than 120 days will pass between the effective date of the reexamination and the effective date of the contract of participation. If it has been more than 120 days, HHA will conduct a new reexamination or interim redetermination.
The initial term of the Contract is five years. The effective date of the COP is the first day of the month following the date the contract was signed by the family and HHA’s representative. The expiration date of the COP is five years from the effective date.
In order to maintain good standing in the FSS Program, with all attending program benefits, the participating family must remain in compliance with all terms of the FSS COP, which includes the ITSP and, as outlined in the FSS COP. HHA will establish procedures for addressing situations in which a family is not in compliance with the FSS COP. Corrective actions may include termination of the family’s FSS participation (including forfeiture of any escrow account).
A family’s participation in the Public Housing or Section 8 Housing Choice Voucher Program will not be terminated solely for failure to comply with the FSS COP or FSS program requirements.
22.9.1 EXTENSIONS TO THE FSS CONTRACT OF PARTICIPATION
The following are HHA policies regarding extensions to the FSS COP.
A request for extension must be made in writing and include the need for the extension. Good cause for extensions may include circumstances beyond the control of the FSS family such as serious illness or involuntary loss of employment;
All contract extensions will be for six months or less;
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No more than a two year extension will be allowed;
No contract extensions should be given solely to allow for participant to earn more escrow;
No contract extensions should be given to enable the HOH time to find a job if all escrow was the result of another wage earner (this issue should be identified and corrected 12-18 months before graduation);
No contract extensions should be longer than the time needed to reach the goal of the extension – if a household needs 8 months to be free of cash assistance, the first extension is six months, and the second (assuming approval of an extension) can only be for two months.
Families granted extensions will continue to have amounts credited to the family’s FSS account.
22.9.2 COMPLETION OF THE CONTRACT
An FSS family will successfully complete its participation, and be eligible to receive the amount in its FSS Escrow Account, less any amounts owed to HHA, when it has met the conditions established in FSS Program regulations. In most cases this will occur when the family is in good program standing, has come to the end of the contract period, and has met all goals outlined in the original or revised ITSP (including independence from welfare assistance for the prior twelve months).
The family’s contract will be considered completed if:
The FSS family has fulfilled all obligations under the contract on or before the expiration of the contract term (or extension), or
Thirty percent of the family’s adjusted income equals or exceeds the published existing housing Fair Market Rent for the size unit for which the family qualifies based on HHA occupancy standards. The contract of participation will be considered completed and the family's participation in the FSS program concluded on this basis even though the contract term, including any extension thereof, has not expired, and the family members who have individual training and services plans have not completed all the activities set forth in their plans.
A family may request to be determined to have successfully completed their FSS participation prior to the end of their contract period, and HHA determines that they have met the requirements for successful completion they will be eligible to graduate and receive their escrow account funds.
In keeping with the FSS Program’s goal to assist families over time, a family may receive post- graduation support from the FSS program if requested, subject to staff capacity and availability.
22.9.3 CONSEQUENCES OF NON-COMPLIANCE WITH THE CONTRACT
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If the family does not comply with the contract, HHA may:
Withhold the supportive services; or
Terminate the family's participation in the FSS program.
If the head of the FSS family does not seek and maintain employment or never becomes employed during the contract’s five-year term, the family has not met its FSS obligations. Any escrow generated by the increase in earned income of other household members will be forfeited.
Families may appeal HHA’s decision.
22.9.4 TERMINATION OF THE FSS CONTRACT
The FSS contract is automatically terminated if the lease is terminated. The contract may also be terminated by:
Mutual consent;
Failure of family to meet contract obligations without good cause;
Family withdrawal from FSS program; and/or
Other act deemed inconsistent with the purpose of the FSS program Operation of law
HHA will terminate participation in the FSS program and require forfeiture of the FSS escrow without terminating the family’s lease as a consequence of not completing the obligations of the ITSP or FSS COP. HHA will review the circumstances of the non-compliance to determine the appropriate remedy. HHA may also consider renegotiating or revising the ITSP with the family.
If HHA decides to withhold escrow, terminate FSS supportive services or terminate the FSS contract because the family failed to comply with its ITSP or FSS contract, HHA will offer the family the opportunity for an informal hearing.
22.10 INDIVIDUAL TRAINING AND SERVICE PLAN
As a required attachment to the FSS COP, the family head of household also signs the FSS Individual Training and Service Plan (ITSP). The ITSP outlines the steps that the participant will take during the contract period to meet their goals and the program requirements of working toward, obtaining, and maintaining suitable employment and becoming independent of all forms of welfare assistance at least twelve months prior to the end of their contract period.
The FSS ITSP may by amended by mutual agreement between the participant and the FSS program, with such changes made in writing and signed, then becoming the required attachment to the FSS COP.
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The ITSP includes:
The supportive services to be provided to the family member;
The activities to be completed by that family member;
The agreed upon completion dates for the services and activities;
A mandatory interim goal for families on welfare to be free of welfare assistance for at least 12 consecutive months prior to the expiration of the Contract. This language must be included in all COPs regardless of whether the household is receiving public assistance at enrollment; and
A final goal to maintain suitable employment. Only the FSS head is required to obtain employment as a condition of completing the contract goals.
The ITSP is mandatory for the FSS head, and optional for other family members.
22.11 CHANGE IN FAMILY COMPOSITION
If the FSS family head of household leaves the family during the term of the contract, and the remaining family members want to continue participation in the FSS program, the new head of household will be designated as the FSS head. The contract will have to be revised to reflect the new head of the FSS family.
If the head of the FSS family leaves the family prior the expiration of the COP, the contract provides for the remaining family members to designate a family member to receive the escrow.
If any family member with an individual training and services plan leaves the assisted family during the term of the FSS contract, HHA will delete the individual training and services plan (ITSP) for that family member.
HHA will determine whether new or revised ITSPs need to be established for the family to continue its participation in the FSS program.
If the initially designated head of the FSS family or any other family member with an ITSP did not meet the obligations under the contract, HHA may terminate the FSS contract or terminate assistance under the program.
22.12 PROVISION OF SERVICES
HHA is responsible to ensure that the services provided to the family are adequate. If a social service agency fails to deliver the supportive services identified in the ITSP or a supportive service is not available, HHA will make a good faith effort to obtain the services from another agency. If HHA is unable to obtain the services, they will decide whether another available
ACOP: FAMILY SELF-SUFFICIENCY 22-8 service would achieve the same purpose. If the unavailable services are not key to the family's ability to achieve self-sufficiency, HHA will revise the ITSP to delete the services and modify the contract accordingly. If the services are integral, HHA will declare the contract null and void and provide the family with a preference for future participation in FSS once a resource for the missing service has been identified.
22.13 ESCROW ACCOUNTS
Generally, as the family’s earnings increase over time, the escrow account is credited with a portion of the amount of increased rent they pay due to increases in earned income. HHA will establish an FSS Escrow Account; with subsidiary ledgers to track FSS Escrow Account balances applicable to each participating family.
The family’s annual income, earned income, and family rent are inserted into the COP at execution. These become the baseline figures for future escrow calculations. Escrow credits are based on increase of earned income. Other escrow account features include:
Increases in income other than earned income do not contribute to the escrow credit.
For the baseline and all subsequent escrow calculations, HHA will use the tenant rent for use in determining escrow even if the participant is on minimum rent. For example, if the tenant rent is $30 and the minimum rent paid by the family is $50, HHA will use $30 when calculating escrow.
If additional family members are approved by HHA, their earned income is counted when computing the escrow regardless of whether they have an individual training and services plan.
No credits will be made to the family’s FSS escrow account after the FSS family has completed the COP or when the contract is terminated or otherwise nullified.
Earned Income is income from wages, tips, salaries, other employee compensation, military pay that is normally included in the annual income definition and any earnings from self- employment. Earned income does not include pensions, annuity payments, transfer payments, cash or in-kind benefits, or funds deposited in or accrued interest on the escrow account established by HHA or the Initial Housing Authority on behalf of a participating family.
22.13.1 FSS ESCROW CREDIT
FSS families are eligible for escrow account credits when the family’s income increases due to increases in earned income that result in an increase in tenant rent. Each regular or interim reexamination for an enrolled family will be examined to determine if the family will receive escrow credit. The FSS credit shall be computed as follows:
For FSS families who are very low-income families, the FSS credit shall be the amount which is the lesser of:
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o 30% of current monthly adjusted income less the family rent, which is obtained by disregarding any increases in earned income from the effective date of the contract of participation; or o The current family rent less the family rent at the time of the effective date of the contract of participation.
For FSS families who are low-income families but not very low-income families, the FSS credit will be determined the same way as above, but which will not exceed the amount computed for 50 percent of median income.
Ineligibility for FSS credit. FSS families who are not low-income families shall not be entitled to any FSS credit.
Family rent, for purposes of escrow calculation is 30 percent of adjusted monthly income.
22.13.2 TIMING OF THE ESCROW CREDIT CALCULATIONS
When the family is selected for the FSS program and executes a COP, HHA will enter the baseline income data into the contract.
There will not be an escrow calculation until the family has a qualifying increase in earned income after the date of the contract.
Thereafter, whenever HHA conducts a regular or interim recertification during the contract, HHA will also calculate the monthly escrow credit.
HHA will follow the ACOP to determine whether an interim recertification should be conducted, and when increases will go into effect.
If the family has one or more interim recertifications during the year, the monthly escrow amount may change during the year. Otherwise, the monthly escrow credit will be the same for the entire period between regular recertifications.
Interim recertifications for families in the FSS program will not count toward the limit on voluntary interim recertifications.
22.13.3 CREDITING THE ESCROW ACCOUNT
HHA will deposit all escrowed credits into a single depository account.
The IRS does not count the funds or interest on the funds in the escrow account as income for purposes of income taxes, either before or when the family actually receives the escrow.
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The total of the combined FSS account funds for families will be supported in HHA’s accounting records by a subsidiary ledger. This ledger will show the balance applicable to each FSS family.
HHA should credit the account monthly, since interim adjustments may change the amount of the credit.
If HHA finds that a family did not report income they were required to report, HHA will not credit the family’s escrow account retroactively with any portion of the unreported income.
In addition, if the family committed program fraud, it is grounds for termination from the HCV Public Housing program, as well as the FSS program.
22.13.4 INVESTING THE FSS ESCROW ACCOUNT
HHA will invest funds in the FSS account in HUD-approved investments specified in HUD Handbook 7475.1 REV. The investment income for funds in the FSS account will be prorated and credited to each family’s FSS account. The credit will be based on the balance in each family’s FSS account at the end of the investment income credit period.
Before applying the interest, HHA will check to see whether:
The family has not paid rent or other amounts due under the lease.
HHA will not submit IRS form 1099 to FSS families with escrow account balances or who receive final disbursements. This is not required by the IRS.
22.13.5 REPORTING ON THE FSS ESCROW ACCOUNT
HHA will make a report each year to each FSS family on the status of the family’s FSS account.
At a minimum, the report must include:
o The balance at the beginning of the reporting period;
o The amount of the family's rent payment that was credited to the FSS account during the reporting period;
o Any deductions made from the account for amounts due HHA before interest is distributed;
o The amount of interest earned on the account during the year (interest will be reported annually); and
o The total in the account at the end of the reporting period.
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22.13.6 DISBURSING THE FSS ESCROW ACCOUNT
The amount in an FSS account, in excess of any amount owed to HHA by the FSS family, is paid to the head of the FSS family:
When the COP has been completed (even if the contract term has not expired); or
Whenever the family's monthly adjusted income equals or exceeds the FMR for the unit size for which the family qualifies, based on HHA's occupancy standards (even if the five years is not up); and
When, at contract completion, the head of the family certifies that, to the best of his/her knowledge and belief, no family member receives federal or State welfare assistance.
Even if the family is welfare free for 12 consecutive months before the contract expiration date, if the family has not met its other FSS obligations (obtained employment) the family is not eligible for the escrow.
An intergenerational family whose head becomes independent of welfare assistance but whose adult daughter with a child continues to receive TANF is not eligible for the escrow because ALL family members must be free of federal and State welfare assistance.
HHA may, at its sole discretion, disburse a portion of the funds from the family’s escrow account during the contract period for contract-related expenses if the family:
Has fulfilled certain interim contract goals; and
Needs a portion of the FSS account funds for purposes consistent with the contract such as:
o School tuition (or other school costs);
o Job training expenses;
o Business start-up expenses;
o Car (when public transportation is unavailable or inaccessible to the family); or
o Other approved self-sufficiency activities.
Interim disbursements can only be made for a participant twice in a six month period, and cannot exceed 30% of the account’s balance. Exceptions to this interim disbursement requirement will be considered on a case by case basis and must be approved by HHA prior to releasing funds. HHA recognizes there may be extraordinary circumstances that require an exception to this guideline, and will base their decisions on what is in the best interest of the FSS participants. The following is an exception to the interim disbursement restriction.
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22.13.7 USE OF FSS ESCROW FUNDS
The family may use the final disbursement of escrow account funds without restriction.
An FSS family may use its FSS escrow account funds for the purchase of a home, including a home:
Under one of HUD's homeownership programs; or
Under other federal, State, or local homeownership programs.
Before disbursing the funds, HHA will verify that the family is no longer receiving welfare assistance by:
Requesting copies of documents; and
Contacting the welfare agency.
If a family receives an advance payment from their escrow account prior to completing the contract, the advance payment does not have to be repaid to HHA if they drop out of the FSS program, unless the payment was based on fraud or misinformation by the family.
22.13.8 FORFEITING THE ACCOUNT
Amounts in the FSS account will be forfeited if:
The COP is terminated; or
The COP is completed but the family is receiving welfare assistance when the contract expires, including extensions.
If the head of the FSS family ceases to reside with other family members in the Public Housing unit, the remaining family of the FSS family, after consultation with HHA, shall have the right to designate another family member to receive funds.
If families do not pay their rent, the funds may be forfeited because:
Compliance with the lease is a family obligation under the contract; and
Non-payment of rent is grounds for terminating a family's FSS participation and forfeiture of the escrow.
FSS account funds forfeited by the family will be treated as program receipts for payment of program expenses under HHA’s Public Housing budget.
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22.14 OTHER FSS INCENTIVES
HHA may offer incentives to families to encourage participation in the FSSP. While non- participating families will retain their rights to Section 8 assistance and Public Housing, HHA will seek to reward those that do participate by providing them with access to social services such as child care, job counseling, and educational and enrichment programs.
22.15 AFFIRMATIVELY FURTHERING FAIR HOUSING
HHA will administer its HUD Family Self-Sufficiency Program in accordance with all applicable Fair Housing and Equal Opportunity laws, HUD’s Limited English Proficiency (LEP) guidelines, and in such a manner as to affirmatively further fair housing.
22.16 FSS REPORTING REQUIREMENTS
At least annually, HHA will complete an evaluation of the FSSP operations. The evaluation will not only satisfy the prevailing HUD reporting requirements, but also serve as an assessment of accomplishments relative to the goals and objectives established for the FSSP. It will also provide the basis for any adjustments that may be identified to adjust policies and procedures, as well as the implementation plan and schedule
The evaluation will, at a minimum, address the following matters:
All HUD reporting requirements
An assessment of progress measured against the established goals and objectives of the FSSP
An assessment of the implementation plan and schedule
A report on obstacles to self-sufficiency based on the circumstances and participant needs
Recommendations for changes and adjustments based on the information gathered
The annual report to HUD will, at a minimum, address the following issues:
A description of the activities carried out under the FSSP
A description of the effectiveness of the FSSP in helping participants achieve economic independence and self-sufficiency
An assessment of the effectiveness of FSSP in coordinating the necessary resources and services
Legislative and/or administrative recommendations by the PCC that would help to improve the FSSP and increase its effectiveness
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Racial and ethnic data concerning families who:
o Declined to participate;
o Elected to participate, but did not execute a Contract of Participation;
o Executed a Contract, signed a lease, and then voluntarily left the FSSP;
o Executed a Contract, signed a lease, and were asked to leave the FSSP;
o Executed a Contract, signed a lease, and completed the FSSP; or
o Executed a Contract, signed a lease, and remain in the FSSP.
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CHAPTER 23: CAREER ADVANCEMENT PROGRAM
23.1 OVERVIEW
HHA has used its MTW Authority to partner with local non-profit and educational institutions to develop the Career Advancement Program (CAP). The goal of this program is to encourage HHA clients to improve their long-term employment prospects, to increase the number of HHA clients with earned income, and to increase the savings of program participants.
23.2 PROGRAM BENEFITS
HHA offers an incremental income disregard for all clients who have graduated from an approved professional development program and who have obtained employment. This disregard will is open to any HHA Public Housing client who participants in the CAP initiative and completes all of the requirements. All clients must meet eligibility requirements of the partner program they choose, which in some cases may limit participation to clients who are currently unemployed. .
23.3 CAP INCOME DISREGARD
Once HHA has verified that the client participating in CAP successfully completed an approved job training program, the individual’s income disregard will be structured as follows:
100% of the individual’s earned income less the client’s prequalifying earned income will be disregarded for the first twelve months following graduation from the program. 75% of the individual’s earned income less the client’s prequalifying earned income will be disregarded for the second twelve months following graduation from the program. 50% of the individual’s earned income less the client’s prequalifying earned income will be disregarded for the third twelve months following graduation from the program. 25% of the individual’s earned income less the client’s prequalifying earned income will be disregarded for the fourth twelve months following graduation from the program. After the final twelve months at the 25% disregard level, the individual’s rent and income calculation will be in accordance with standard HHA rent and income calculation policies. There will be no earned income disregard.
23.4 FSS & CAP
FSS and CAP participants are permitted to transfer between programs in a beneficial manner. As such, FSS participants are permitted to freeze their participation in the FSS program while they take advantage of CAP educational programs and the income disregard. After completing the educational requirement through CAP, the participant is permitted to return to the FSS program.
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FSS participants are also allowed to freeze their escrow account while they are active CAP participants. This transferability allows participants the greatest flexibility possible while achieving their educational goals.
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CHAPTER 24: RENTAL ASSISTANCE DEMONSTRATION
Under the Rental Assistance Demonstration Program (RAD), subject to HUD approval, HHA may convert existing public housing developments, including scattered site developments, to long-term, project-based Section 8 rental assistance contracts. In developing plans for RAD conversions, HHA will comply with all applicable HUD requirements, including those contained in the PIH Notice 2012-32, Rev-3 (“HUD RAD Notice”): dated January 12, 2017, Housing Notice H 2014-09 and PIH Notice 2014-7 dated July 14, 2014 (“RAD Relocation Notices”) and any successor notices.
24.1 PUBLIC HOUSING HOUSEHOLDS RIGHT TO RETURN
Households living in public housing developments have a right to return post conversion as defined in the HUD RAD Notice and HUD Relocation Notice. Any family that may need to temporarily be relocated to facilitate rehabilitation or construction has a right to return to an assisted unit at the covered project once rehabilitation or construction is completed. Permanent involuntary displacement of tenants may not occur as a result of a project’s conversion of assistance, including, but not limited to, as a result of a change in bedroom distribution, a de minimis reduction of units, the reconfiguration of efficiency apartments, or the repurposing of dwelling units in order to facilitate social service delivery.
24.2 POLICIES FOR RESIDENTS OF RAD CONVERTED DEVELOPMENTS
Upon completion of conversion to RAD, residents of the converted development are considered participants in the HCV program and are no longer considered public housing residents. HHA has developed policies that apply to residents of developments that have been converted to RAD. Such policies can be found in HHA’s Housing Choice Voucher Program Administrative Plan.
24.3 WAITING LISTS
When a public housing development for which HHA maintains a Site Based Waiting List (SBWL) is converted under RAD to Project Based (PB) Assistance, HHA will transition the existing public housing SBWL to a PB SBWL. Applicants will retain their date and time of application and HHA will provide notification to said applicants. After the initial waiting list has been established, HHA shall administer its waiting list for the converted project in accordance with the policies in its Administrative Plan.
When HHA converts a new or existing public housing development under RAD which does not have an existing SBWL, HHA will establish a waiting list and will follow the policies in its Administrative Plan regarding establishing and administering the waiting list.
24.4 TRANSFERS TO AND FROM PUBLIC HOUSING AND RAD DEVELOPMENTS
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Prior to the date of conversion, residents who voluntarily elect not to return to the development following conversion to RAD and who wish to remain public housing tenants will be given a preference for a transfer to another public housing development.
24.5 TRANSFER OF ASSISTANCE
HHA will follow the HUD requirements in the HUD RAD Notice, RAD Relocation Notice and all successor Notices regarding program relocation assistance requirements when planning for and implementing tenant moves as a result of RAD conversions of public housing properties. HHA will follow the related requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, as they relate to public housing conversions under RAD.
Where the transfer of assistance to a new site is warranted and approved, residents of the converting project will have the right to reside in an assisted united at the new site once rehabilitation or construction is complete. Where a new site is warranted, HHA will advertise and open a waiting list consistent with the policies in its Administrative Plan.
24.6 GRIEVANCE PROCEDURES
Lease termination at conversion is not an adverse action. 24 CFR 966.4(e) (8) (i) classifies lease terminations as adverse actions for which a tenant can seek a hearing under the HHA’s grievance procedure. Public housing lease terminations that occur as part of a RAD conversion do not qualify as an adverse action, provided that the residents are provided with a notice of termination in accordance with 24 CFR 966.4(l) (3) as well as information on when and how they will receive their new Section 8 lease, which must be effective the same date the HAP contract becomes effective. Grievance procedure requirements do not apply to these lease terminations.
24.7 FAMILY SELF-SUFFICIENCY
Public Housing residents that are current FSS participants will continue to be eligible for FSS once their housing is converted under RAD.
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APPENDIX A: ACRONYMS USED IN PUBLIC HOUSING
1. ACC Annual contributions contract
2. ACOP Admissions and continued occupancy policy
3. ADA Americans with Disabilities Act of 1990
4. AIDS Acquired immune deficiency syndrome
5. AMI Area median income
6. AMP Asset management project
7. BR Bedroom
8. BRHP Baltimore Regional Housing Partnership (administers the Baltimore Housing Mobility Program)
9. CDBG Community Development Block Grant (Program)
10. CFP Capital fund program
11. CFR Code of Federal Regulations (published federal rules that define and implement laws; commonly referred to as “the regulations”)
12. CNI Choice Neighborhoods Initiative
13. COCC Central office cost center
14. CPI Consumer price index (published monthly by the Department of Labor as an inflation indicator)
15. DOFA Date of final availability
16. EID Earned income disallowance
17. EIV Enterprise Income Verification
18. EIOP End of initial occupancy
19. EOP End of participation
20. EPC Energy performance contract
21. FDIC Federal Deposit Insurance Corporation
22. FHA Federal Housing Administration (HUD Office of Housing)
23. FHEO Fair Housing and Equal Opportunity (HUD Office of)
24. FICA Federal Insurance Contributions Act (established Social Security taxes)
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25. FMR Fair market rent
26. FR Federal Register
27. FSLA Federal Labor Standards Act
28. FSS Family Self-Sufficiency (Program)
29. FY Fiscal year
30. FYE Fiscal year end
31. GAO Government Accountability Office
32. HA Housing authority or housing agency
33. HCV Housing choice voucher
34. HCVP Housing Choice Voucher Program
35. HERA Housing and Economic Recovery Act of 2008
36. HOPE VI Revitalization of Severely Distressed Public Housing Program
37. HOTMA Housing Opportunity Through Modernization Act of 2016
38. HUD Department of Housing and Urban Development
39. HUDCLIPS HUD Client Information and Policy System
40. IMS Inventory Management System
41. IPA Independent public accountant
42. IRA Individual retirement account
43. IRS Internal Revenue Service
44. IV/IW Intimidated Victim/Intimidated Witness
45. JTPA Job Training Partnership Act
46. LBP Lead-based paint
47. LAP Language assistance program
48. LEP Limited English proficiency
49. LIHTC Low-income housing tax credit
50. LIPH Low income public housing
51. LTA Long term affordable
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52. MTW Moving to Work
53. NEDs Non-elderly persons with disabilities
54. NOFA Notice of funding availability
55. OGC HUD's Office of General Counsel
56. OIG HUD’s Office of Inspector General
57. OMB Office of Management and Budget
58. PASS Plan to Achieve Self-Support
59. PHA Public housing agency
60. PHAS Public Housing Assessment System
61. PIC PIH Information Center
62. PIH (HUD Office of) Public and Indian Housing
63. QA Quality assurance
64. QC Quality control
65. QHWRA Quality Housing and Work Responsibility Act of 1998 (also known as the Public Housing Reform Act)
66. RAB Resident Advisory Board
67. RAD Rental Assistance Demonstration Program
68. REAC (HUD) Real Estate Assessment Center
69. RFP Request for proposals
70. RIGI Regional inspector general for investigation (handles fraud and program abuse matters for HUD at the regional office level)
71. ROSS Resident Opportunity and Supportive Services
72. SSA Social Security Administration
73. SSI Supplemental security income
74. SWICA State wage information collection agency
75. TANF Temporary assistance for needy families
76. TPA Tenant participation activities
77. TR Tenant rent
78. TTP Total tenant payment
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79. UA Utility allowance
80. UFAS Uniform Federal Accessibility Standards
81. UIV Upfront income verification
82. UPCS Uniform Physical Condition Standards
83. URA Uniform Relocation Act
84. URP Utility reimbursement payment
85. USCIS United States Citizens & Immigration Services
86. VAWA Violence Against Women Reauthorization Act of 2013
87. VCA Voluntary Compliance Agreement
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APPENDIX B: GLOSSARY OF PUBLIC HOUSING TERMS
Accessible. The facility or portion of the facility can be approached, entered, and used by persons with disabilities.
Adjusted income. Annual income, less allowable HUD deductions and allowances.
Affiliated individual. With respect to an individual, a spouse, parent, brother, sister, or child of that individual, or a person to whom that individual stands in loco parentis (in the position or place of a parent), or any individual, tenant, or lawful occupant living in the household of the victim of domestic violence, dating violence, sexual assault, or stalking.
Annual contributions contract (ACC). The written contract between HUD and a PHA under which HUD agrees to provide funding for a program under the 1937 Act, and the PHA agrees to comply with HUD requirements for the program.
Annual income. The anticipated total income of an eligible family from all sources for the 12-month period following the date of determination of income, computed in accordance with the regulations.
Applicant (applicant family). A family that has applied for admission to a program but is not yet a participant in the program.
As-paid states. States where the welfare agency adjusts the shelter and utility component of the welfare grant in accordance with actual housing costs.
Assets. (See net family assets.)
Auxiliary aids. Services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities receiving federal financial assistance.
Bifurcate. With respect to a public housing or Section 8 lease, to divide a lease as a matter of law such that certain tenants can be evicted or removed while the remaining family members’ lease and occupancy rights are allowed to remain intact.
Ceiling rent. The highest rent amount the PHA will require a family to pay, for a particular unit size, when the family is paying an income-based rent.
Child. A member of the family other than the family head or spouse who is under 18 years of age.
Child care expenses. Amounts anticipated to be paid by the family for the care of children under 13 years of age during the period for which annual income is computed, but only
ACOP: GLOSSARY OF PUBLIC HOUSING TERMS B-1
where such care is necessary to enable a family member to actively seek employment, be gainfully employed, or to further his or her education and only to the extent such amounts are not reimbursed. The amount deducted shall reflect reasonable charges for child care. In the case of child care necessary to permit employment, the amount deducted shall not exceed the amount of employment income that is included in annual income.
Citizen. A citizen or national of the United States.
Cohead. An individual in the household who is equally responsible for the lease with the head of household. A family may have a cohead or spouse but not both. A cohead never qualifies as a dependent. The cohead must have legal capacity to enter into a lease.
Confirmatory review. An on-site review performed by HUD to verify the management performance of a PHA.
Consent form. Any consent form approved by HUD to be signed by assistance applicants and participants to obtain income information from employers and SWICAs; return information from the Social Security Administration (including wages, net earnings from self-employment, and retirement income); and return information for unearned income from the IRS. Consent forms expire after a certain time and may authorize the collection of other information to determine eligibility or level of benefits.
Covered families. Statutory term for families who are required to participate in a welfare agency economic self-sufficiency program and who may be subject to a welfare benefit sanction for noncompliance with this obligation. Includes families who receive welfare assistance or other public assistance under a program for which federal, state, or local law requires that a member of the family must participate in an economic self-sufficiency program as a condition for the assistance.
Dating violence. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
o The length of the relationship o The type of relationship o The frequency of interaction between the persons involved in the relationship
Dependent. A member of the family (except foster children and foster adults) other than the family head or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time student.
Dependent child. In the context of the student eligibility restrictions, a dependent child of a student enrolled in an institution of higher education. The dependent child must also meet the definition of dependent as specified above.
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Disability assistance expenses. Reasonable expenses that are anticipated, during the period for which annual income is computed, for attendant care and auxiliary apparatus for a disabled family member, and that are necessary to enable a family member (including the disabled member) to be employed, provided that the expenses are neither paid to a member of the family nor reimbursed by an outside source.
Disabled family. A family whose head, cohead, spouse, or sole member is a person with disabilities; two or more persons with disabilities living together; or one or more persons with disabilities living with one or more live-in aides.
Disabled person. See person with disabilities.
Disallowance. Exclusion from annual income.
Displaced family. A family in which each member, or whose sole member, is a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to federal disaster relief laws.
Domestic violence. Felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
Domicile. The legal residence of the household head or spouse as determined in accordance with state and local law.
Drug-related criminal activity. The illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute, or use the drug.
Economic self-sufficiency program. Any program designed to encourage, assist, train, or facilitate the economic independence of assisted families, or to provide work for such families. Can include job training, employment counseling, work placement, basic skills training, education, English proficiency, Workfare, financial or household management, apprenticeship, or any other program necessary to ready a participant to work (such as treatment for drug abuse or mental health treatment). Includes any work activities as defined in the Social Security Act (42 U.S.C. 607(d)). Also see 24 CFR 5.603(c).
Effective date. The “effective date” of an examination or reexamination refers to: (i) in the case of an examination for admission, the date of initial occupancy and (ii) in the case of reexamination of an existing tenant, the date the redetermined rent becomes effective.
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Elderly family. A family whose head, cohead, spouse, or sole member is a person who is at least 62 years of age; two or more persons who are at least 62 years of age living together; or one or more persons who are at least 62 years of age living with one or more live-in aides.
Elderly person. An individual who is at least 62 years of age.
Eligible family (Family). A family that is income eligible and meets the other requirements of the 1937 Act and Part 5 of 24 CFR.
Employer identification number (EIN). The nine-digit taxpayer identifying number that is assigned to an individual, trust, estate, partnership, association, company, or corporation.
Evidence of citizenship or eligible status. The documents which must be submitted as evidence of citizenship or eligible immigration status. (See 24 CFR 5.508(b).)
Extremely low-income family. A family whose annual income does not exceed the federal poverty level or 30 percent of the median income for the area as determined by HUD, whichever number is higher, with adjustments for smaller and larger families. HUD may establish income ceilings higher or lower than 30 percent of median income if HUD finds such variations are necessary due to unusually high or low family incomes. (See 24 CFR 5.603.)
Facility. All or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock, or other real or personal property or interest in the property.
Fair Housing Act. Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988.
Fair market rent (FMR). The rent, including the cost of utilities (except telephone), as established by HUD for units of varying sizes (by number of bedrooms), that must be paid in the housing market area to rent privately owned, existing, decent, safe, and sanitary rental housing of modest (non-luxury) nature with suitable amenities. See periodic publications in the Federal Register in accordance with 24 CFR Part 888.
Family. Includes but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status, and can be further defined in PHA policy.
o A family with or without children (the temporary absence of a child from the home due to placement in foster care is not considered in determining family composition and family size) o An elderly family or a near-elderly family o A displaced family o The remaining member of a tenant family o A single person who is not an elderly or displaced person, or a person with disabilities, or o The remaining member of a tenant family.
ACOP: GLOSSARY OF PUBLIC HOUSING TERMS B-4
Family self-sufficiency program (FSS program). The program established by a PHA in accordance with 24 CFR part 984 to promote self-sufficiency of assisted families, including the coordination of supportive services (42 U.S.C. 1437u).
Federal agency. A department of the executive branch of the federal government.
Flat rent. Established by the PHA for each public housing unit; a rent based on the market rent charged for comparable units in the unassisted rental market, set at no less than 80 percent of the applicable Fair Market Rent (FMR), and adjusted by the amount of the utility allowance, if any
Foster child care payment. A payment to eligible households by state, local, or private agencies appointed by the state to administer payments for the care of foster children.
Full-time student. A person who is attending school or vocational training on a full-time basis (carrying a subject load that is considered full-time for day students under the standards and practices of the educational institution attended). (See 24 CFR 5.603)
Gender identity. Actual or perceived gender-related characteristics.
Handicap. Any condition or characteristic that renders a person an individual with handicaps. (See person with disabilities.)
Head of household. The adult member of the family who is the head of the household for purposes of determining income eligibility and rent.
Household. A household includes additional people other than the family who, with the PHA’s permission, live in an assisted unit, such as live-in aides, foster children, and foster adults.
Housing agency (HA). See public housing agency.
HUD. The U.S. Department of Housing and Urban Development.
Imputed asset. An asset disposed of for less than fair market value during the two years preceding examination or reexamination.
Imputed asset income. The PHA-established passbook rate multiplied by the total cash value of assets. The calculation is used when net family assets exceed $5,000.
Imputed welfare income. An amount of annual income that is not actually received by a family as a result of a specified welfare benefit reduction, but is included in the family’s annual income and therefore reflected in the family’s rental contribution.
Income. Income from all sources of each member of the household, as determined in accordance with criteria established by HUD.
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Income-based rent. A tenant rent that is based on the family’s income and the PHA’s rent policies for determination of such rents.
Income information means information relating to an individual’s income, including:
o All employment income information known to current or previous employers or other income sources o All information about wages, as defined in the state's unemployment compensation law, including any social security number; name of the employee; quarterly wages of the employee; and the name, full address, telephone number, and, when known, employer identification number of an employer reporting wages under a state unemployment compensation law o Whether an individual is receiving, has received, or has applied for unemployment compensation, and the amount and the period received o Unearned IRS income and self-employment wages and retirement income o Wage, social security, and supplemental security income data obtained from the Social Security Administration.
Individual with handicaps. See person with disabilities.
Jurisdiction. The area in which the PHA has authority under state and local law to administer the program.
Lease. A written agreement between the PHA and a tenant family for the leasing a public housing unit. The lease establishes the legal relationship between the PHA and the tenant family.
Live-in aide. A person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who:
o Is determined to be essential to the care and well-being of the persons; o Is not obligated for the support of the persons; and o Would not be living in the unit except to provide the necessary supportive services.
Local preference. A preference used by the PHA to select among applicant families.
Low-income family. A family whose income does not exceed 80 percent of the median income for the area as determined by HUD with adjustments for smaller or larger families, except that HUD may establish income limits higher or lower than 80 percent for areas with unusually high or low incomes.
Medical expenses. Medical expenses, including medical insurance premiums that are anticipated during the period for which annual income is computed, and that are not covered by insurance (a deduction for elderly or disabled families only). These allowances are given
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when calculating adjusted income for medical expenses in excess of 3 percent of annual income.
Minimum rent. An amount established by the PHA of zero to $50.
Minor. A member of the family household other than the family head or spouse, who is under 18 years of age.
Mixed family. A family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status.
Monthly adjusted income. One twelfth of adjusted income.
Monthly income. One twelfth of annual income.
National. A person who owes permanent allegiance to the United States, for example, as a result of birth in a United States territory or possession.
Near-elderly family. A family whose head, spouse, or sole member is a person who is at least 50 years of age but below the age of 62; or two or more persons, who are at least 50 years of age but below the age of 62, living together; or one or more persons who are at least 50 years of age but below the age of 62 living with one or more live-in aides.
Net family assets. (1) Net cash value after deducting reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds, and other forms of capital investment, excluding interests in Indian trust land and excluding equity accounts in HUD homeownership programs. The value of necessary items of personal property such as furniture and automobiles shall be excluded.
o In cases where a trust fund has been established and the trust is not revocable by, or under the control of, any member of the family or household, the value of the trust fund will not be considered an asset so long as the fund continues to be held in trust. Any income distributed from the trust fund shall be counted when determining annual income under §5.609. o In determining net family assets, PHAs or owners, as applicable, shall include the value of any business or family assets disposed of by an applicant or tenant for less than fair market value (including a disposition in trust, but not in a foreclosure or bankruptcy sale) during the two years preceding the date of application for the program or reexamination, as applicable, in excess of the consideration received therefore. In the case of a disposition as part of a separation or divorce settlement, the disposition will not be considered to be for less than fair market value if the applicant or tenant receives important consideration not measurable in dollar terms.
Noncitizen. A person who is neither a citizen nor national of the United States.
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PHA Plan. The annual plan and the 5-year plan as adopted by the PHA and approved by HUD.
Participant (participant family). A family that has been admitted to the PHA program and is currently assisted in the program.
Person with disabilities. For the purposes of program eligibility. A person who has a disability as defined under the Social Security Act or Developmental Disabilities Care Act, or a person who has a physical or mental impairment expected to be of long and indefinite duration and whose ability to live independently is substantially impeded by that impairment but could be improved by more suitable housing conditions. This includes persons with AIDS or conditions arising from AIDS but excludes persons whose disability is based solely on drug or alcohol dependence. For the purposes of reasonable accommodation. A person with a physical or mental impairment that substantially limits one or more major life activities, a person regarded as having such an impairment, or a person with a record of such an impairment.
Premises. The building or complex in which the dwelling unit is located, including common areas and grounds.
Previously unemployed. With regard to the earned income disallowance, a person who has earned, in the 12 months previous to employment, no more than would be received for 10 hours of work per week for 50 weeks at the established minimum wage.
Public assistance. Welfare or other payments to families or individuals, based on need, which are made under programs funded, separately or jointly, by federal, state, or local governments.
Public housing agency (PHA). Any state, county, municipality, or other governmental entity or public body, or agency or instrumentality of these entities, that is authorized to engage or assist in the development or operation of low-income housing under the 1937 Act.
Qualified family. A family residing in public housing:
o Whose annual income increases as a result of employment of a family member who was unemployed for one or more years previous to employment; o Whose annual income increases as a result of increased earnings by a family member during participation in any economic self-sufficiency or other job training program; or o Whose annual income increases, as a result of new employment or increased earnings of a family member, during or within six months after receiving assistance, benefits or services under any state program for temporary assistance for needy families funded under Part A of Title IV of the Social Security Act, as determined by the PHA in consultation with the local agencies administering temporary assistance for needy families (TANF) and Welfare-to-Work (WTW) programs. The TANF program is not limited to monthly income maintenance, but also includes such benefits and services
ACOP: GLOSSARY OF PUBLIC HOUSING TERMS B-8
as one-time payments, wage subsidies and transportation assistance, provided that the total amount over a six-month period is at least $500.
Reasonable accommodation. A change, exception, or adjustment to a rule, policy, practice, or service to allow a person with disabilities to fully access the PHA’s programs or services.
Recertification. Sometimes called reexamination. The process of securing documentation of total family income used to determine the rent the tenant will pay for the next 12 months if there are no additional changes to be reported.
Remaining member of the tenant family. The person left in assisted housing who may or may not normally qualify for assistance on their own circumstances (i.e., an elderly spouse dies, leaving widow age 47 who is not disabled).
Residency preference. A PHA preference for admission of families that reside anywhere in a specified area, including families with a member who works or has been hired to work in the area (See residency preference area).
Residency preference area. The specified area where families must reside to qualify for a residency preference.
Responsible entity. For the public housing program, the PHA administering the program under an ACC with HUD. Secretary. The Secretary of Housing and Urban Development.
Section 8. Section 8 of the United States Housing Act of 1937; refers to the housing choice voucher program.
Security deposit. A dollar amount (maximum set according to the regulations) which can be used for unpaid rent or damages to the PHA upon termination of the lease.
Sexual assault. Any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent (42 U.S.C. 13925(a))
Sexual orientation. Homosexuality, heterosexuality or bisexuality.
Single person. A person living alone or intending to live alone.
Social security number (SSN). The nine-digit number that is assigned to a person by the Social Security Administration and that identifies the record of the person’s earnings reported to the Social Security Administration. The term does not include a number with a letter as a suffix that is used to identify an auxiliary beneficiary.
Specified welfare benefit reduction. Those reductions of welfare benefits (for a covered family) that may not result in a reduction of the family rental contribution. A reduction of welfare benefits because of fraud in connection with the welfare program, or because of
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welfare sanction due to noncompliance with a welfare agency requirement to participate in an economic self-sufficiency program.
Spouse. The marriage partner of the head of household.
Stalking. To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate; or to place under surveillance with the intent to kill, injure, harass, or intimidate another person; and in the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to (1) that person, (2) a member of the immediate family of that person, or (3) the spouse or intimate partner of that person.
State wage information collection agency (SWICA). The state agency, including any Indian tribal agency, receiving quarterly wage reports from employers in the state, or an alternative system that has been determined by the Secretary of Labor to be as effective and timely in providing employment-related income and eligibility information.
Tenant. The person or persons (other than a live-in aide) who executes the lease as lessee of the dwelling unit.
Tenant rent. The amount payable monthly by the family as rent to the PHA.
Total tenant payment (TTP). The total amount the HUD rent formula requires the tenant to pay toward rent and utilities.
Utilities. Water, electricity, gas, other heating, refrigeration, cooking fuels, trash collection, and sewage services. Telephone service is not included.
Utility allowance. If the cost of utilities (except telephone) and other housing services for an assisted unit is not included in the tenant rent but is the responsibility of the family occupying the unit, an amount equal to the estimate made or approved by a PHA of the monthly cost of a reasonable consumption of such utilities and other services for the unit by an energy conservative household of modest circumstances consistent with the requirements of a safe, sanitary, and healthful living environment.
Utility reimbursement. The amount, if any, by which the utility allowance for the unit, if applicable, exceeds the total tenant payment (TTP) for the family occupying the unit.
Veteran. A person who has served in the active military or naval service of the United States at any time and who shall have been discharged or released therefrom under conditions other than dishonorable.
Violence Against Women Reauthorization Act (VAWA) of 2013. Prohibits denying admission to, denying assistance under, or evicting from a public housing unit an otherwise
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qualified applicant or tenant on the basis that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking.
Violent criminal activity. Any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another.
Waiting list. A list of families organized according to HUD regulations and PHA policy who are waiting for a unit to become available.
Welfare assistance. Income assistance from federal or state welfare programs, including assistance provided under TANF and general assistance. Does not include assistance directed solely to meeting housing expenses, nor programs that provide health care, child care or other services for working families. For the FSS program (984.103(b)), welfare assistance includes only cash maintenance payments from federal or state programs designed to meet a family’s ongoing basic needs, but does not include food stamps, emergency rental and utilities assistance, SSI, SSDI, or social security.
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APPENDIX C: NON-SMOKING POLICY
Non-Smoking Policy PURPOSE OF NON-SMOKING POLICY:
A. To Protect the Health of Residents from Secondhand Smoke: There is evidence that exposure to smoke, direct or secondhand, causes adverse health conditions including, but not limited to, respiratory illnesses, cardiovascular disease, like stroke and coronary heart disease, cancer, and asthma.
B. To Prevent Fires and Fire-related Deaths from Smoking: Smoking is a primary cause of home fire deaths.
C. To Reduce Unit Turnover Costs: When apartments are vacated by smokers, there are additional costs incurred for turnover due to stains, residues and odors caused by cigarettes. Work can include additional treatment of walls and ceilings to cover smoke stains, additional painting, replacing carpeting, flooring, blinds and cleaning of ducts and fans and appliances.
D. To Protect Property from Damage: Protection of property from fires, odor or stain damage ensures the greatest availability of housing units.
1. DEFINITION OF SMOKING: The term “smoking” means inhaling, exhaling, breathing, or carrying or possessing any lighted cigarette, cigar, pipe or other tobacco product or other similarly lighted product (including marijuana) in any manner or in any form. The term “smoking” shall include vaporization of tobacco, marijuana or other like substance including, but not limited to so-called electronic cigarettes or the like. Use of FDA-approved cessation products shall not be deemed smoking.
2. NON-SMOKING AREA: Tenant agrees and acknowledges that the premises to be occupied by Tenant and members of Tenant's household, all grounds and any interior common areas, including but not limited to community rooms, community bathrooms, lobbies, reception areas, hallways, laundry rooms, reception areas, stairways, offices and elevator, and including entry ways, porches, balconies and patios have been designated as a Non-smoking living environment. Tenant and members of Tenant’s household shall not smoke anywhere in said Non-Smoking living environment, including in the unit rented by Tenant, the building where Tenant's dwelling is located, or in any of the common areas or adjoining grounds of such building including the steps, patios or yards, nor shall Tenant permit any guests or visitors under the control of Tenant to smoke in said Non-Smoking living environment.
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3. RESIDENT TO PROMOTE NON-SMOKING POLICY AND TO ALERT HHA OF VIOLATIONS: Resident shall inform Resident’s guests of the non-smoking policy. Further, Resident shall promptly give the HHA a written statement of any incident where tobacco smoke is migrating into the Resident’s unit from sources outside of the Resident’s unit.
4. HHA TO PROMOTE NON-SMOKING POLICY: The HHA shall post no-smoking signs at entrances and exits, in common areas, and in conspicuous places adjoining the grounds of the non-smoking area.
5. HHA NOT A GUARANTOR OF SMOKE-FREE ENVIRONMENT: Resident acknowledges that HHA’s adoption of a non-smoking living environment does not make the HHA or any of its managing agents the guarantor of Resident’s health or of the non-smoking condition of the Resident’s unit and the common areas. However, HHA shall take reasonable steps to enforce the non-smoking terms of its leases and to make the Non-Smoking Area as smoke-free as is reasonably possible. HHA is not required to take steps in response to smoking unless HHA knows of said smoking or has been given written notice of said smoking.
6. EFFECT OF BREACH AND RIGHT TO TERMINATE LEASE: A breach of this Policy shall give each party all the rights contained herein, as well as the rights contained in the Lease. A material or continuing breach of this Policy shall be a material breach of the Lease and grounds for termination of the Lease by the HHA in accordance with the procedure set out in the Lease.
7. DISCLAIMER BY HHA: Resident acknowledges that HHA’s adoption of a non-smoking living environment does not in any way change the standard of care that the HHA or managing agent otherwise would have to a Resident household to render buildings and premises designated as non-smoking, any safer, more habitable, or improved in terms of air quality standards than any other rental premises. HHA specifically disclaims any implied or express warranties that the building, common areas, or Resident’s premises will have any higher or improved air quality standards than any other rental property. HHA cannot and does not warranty or promise that the rental premises or common areas will be free from secondhand smoke. Resident acknowledges that HHA’s ability to police, monitor or enforce the agreements of this Policy is dependent in significant part on voluntary compliance by all Residents and their household members and guests. Residents who may have respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice that HHA does not assume any higher duty of care to enforce this Policy than any other HHA obligation under the Lease.
8. IMPLEMENTATION DATE: This Policy shall be effective as of October 1, 2016.
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9. LEASE ADDENDUM: See a Copy of the No Smoking Lease Addendum attached hereto. Failure to sign the Lease Addendum does not eliminate or exclude the responsibilities of tenants to abide by the Policy set forth by the HHA Board of Commissioners at their July 7, 2016 meeting.
10. CONSEQUENCES OF NON-COMPLIANCE: The HHA shall give a Resident four opportunities to remedy non-compliance with this Policy. The following is an outlined of the enforcement procedure, which is not meant to be exclusive description of enforcement steps and is subject to change in general or for specific cases:
A. The first infraction will result in the Resident receiving a courtesy phone call or visit from Property Management to remind the Resident of this Non-Smoking Policy. The Resident’s file will be noted of this first infraction. B. A second infraction will result in a letter to the Resident along with a copy of this Policy. C. A third infraction will result in an Informal Conference with the Resident. D. A fourth infraction will result in a second Informal Conference with the Resident. E. A fifth time a Resident is in non-compliance with this Policy, the matter will be referred to legal counsel for enforcement and a 30-Day Notice to Quit will be issued.
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APPENDIX D: CHART OF OFFENSES – DENIAL OF ADMISSION
CRIMINAL BACKGROUND SCREENING CRITERIA FOR PUBLIC HOUSING AND HCV ADMISSION
Felony Other OFFENSE Conviction Conviction (Years) (Years) Crimes Against Persons Assault-Related Offenses General Definition: An unlawful attack by one person upon 10 3 another. Family-Related Offenses, Nonviolent General Definition: Unlawful, non-violent acts by a family member (or legal guardian) that threatens the physical, mental, or 5 3 economic well-being morals of another family member that are not classifiable as other offenses, such as Assault, Incest and Statutory Rape etc. Homicide-Related Offenses General Definition: The killing of one human being by another.
1st Degree Murder 20 Vehicular Homicide, 2nd or 3rd degree manslaughter 10 Kidnapping/Abduction-Related Offenses General Definition: The unlawful seizure, transportation, and/or 10 3 detention of a person against his/her will or of a minor without the consent of his/her custodial parent(s) or legal guardian. Sex-Related Offenses, Forcible General Definition: Any sexual act directed against another person, forcibly and/or against that person’s will, or not forcibly or 10 3 against the person’s will in instances where the victim is incapable of giving consent. (See below for lifetime sex offender registration requirements.) Sex-Related Offenses, Non-forcible General Definition: Unlawful, non-forcible sexual intercourse, 5 3 excluding prostitution offenses. All Other Person-Related Offenses General Definition: Any offense committed against another 5 3 person which causes harm to a person which does not meet specific categories previously outlined as person-related offenses. Crimes Against Property Arson-Related Offenses General Definition: To unlawfully and intentionally damage or 10 3 attempt to damage any real or personal property by fire or incendiary device.
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Felony Other OFFENSE Conviction Conviction (Years) (Years) Burglary/Breaking And Entering-Related Offenses General Definition: The unlawful entry into a building or other 5 3 structure with the intent to commit a felony or a theft. Motor Vehicle Theft-Related Offenses 3 General Definition: The theft of a motor vehicle Counterfeiting/Forgery-Related Offenses General Definition: The altering, copying, or imitation of something, without authority or right, with the intent to deceive or defraud by passing the copy or thing altered or imitated as that 5 3 which is original or genuine or the selling, buying, or possession of an altered, copied, or imitated thing with the intent to deceive or defraud. Embezzlement/Bribery-Related Offenses General Definition: The unlawful misappropriation by an offender 5 3 to his/her own use or purpose of money, property, or some other thing of value entrusted to his/her care, custody, or control. Extortion/Blackmail-Related Offenses General Definition: To unlawfully obtain money, property or any other thing of value, either tangible or intangible, through the use 10 3 or threat of force, misuse of authority, threat of criminal prosecution, threat of destruction of reputation or social standing or through other coercive means. Fraud-Related Offenses General Definition: The intentional perversion of the truth for the purpose of inducing another person or other entity in reliance upon 5 3 it to part with something of value or to surrender a legal right, excluding Counterfeiting/Forgery and Bad Check offenses. Robbery-Related Offenses General Definition: The taking or attempting to take anything of value under confrontational circumstances from the control, 10 3 custody, or care of another person by force or threat of force or violence and/or by putting the victim in fear of immediate harm. Stolen Property-Related Offenses General Definition: Receiving, buying, selling, possessing, concealing, or transporting any property with the knowledge that it 5 3 has been unlawfully taken, as by Burglary, Embezzlement, Fraud, Larceny, Robbery, etc. Larceny/Theft-Related Offenses General Definition: The unlawful taking, carrying, leading, or 5 3 riding away of property from the possession or constructive possession of another person. Destruction / Damage / Vandalism Of Property Offenses 5 3 General Definition: To willfully or maliciously destroy, damage,
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Felony Other OFFENSE Conviction Conviction (Years) (Years) deface, or otherwise injure real or personal property without the consent of the owner or the person having the custody or control of it, excluding arson offenses. All Other Property-Related Offenses General Definition: Any offenses that cause property or monetary 5 3 damage to another that do not fit into specific categories previously outlined as property-related offenses. Crimes Against Society Purposely Obstructs, Impairs Or Perverts The Law General Definition: A person who purposely obstructs, impairs or 5 3 perverts the administration of law or discharge of government duties or the carrying out of other governmental functions. Disorderly Conduct-Related Offenses General Definition: Any behavior that tends to disturb the public 3 peace or decorum, scandalize the community, or shock the public sense of morality. Drug/Narcotic-Related Offenses General Definition: The violation of laws prohibiting the product, distribution, and/or use of certain controlled substances and the 10 3 equipment or devices utilized in their preparation and/or use, excluding DUI offenses. Drunkenness-Related Offenses General Definition: To drink alcoholic beverages to the extent that 3 3 one’s mental faculties and physical coordination are substantially impaired, excluding DUI offenses. Driving Under The Influence-Related Offenses General Definition: Driving or operating a motor vehicle or 3 3 common carrier while mentally or physically impaired as the result of consuming an alcoholic beverage or using a drug or narcotic. Liquor Law-Related Offenses General Definition: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, 3 3 possession, or use of alcoholic beverages, excluding DUI and drunkenness offenses. Manufacturing Methamphetamine in Federally Assisted Housing* Lifetime General definition: Conviction for drug-related criminal activity Lifetime ban ban for the production or manufacture of methamphetamine on the premises of Federally-assisted housing. Pornography/Obscene Material-Related Offenses General Definition: The violation of laws or ordinances 5 3 prohibiting the manufacture, publishing, sale, purchase, or
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Felony Other OFFENSE Conviction Conviction (Years) (Years) possession of sexually explicit material, e.g. literature or photographs. Prostitution-Related Offenses General Definition: To unlawfully engage in or promote sexual 3 3 activities for profit. Lifetime Sex Offender Registrant* General Definition: Identification of a lifetime registration requirement for the applicant as a registered sex offender in one or more jurisdictions covered by the search. (Note that requirements Lifetime Lifetime ban for registration vary by locale and may require the individual to ban actively register themselves by law in some states. Some states prohibit discrimination on the basis of lifetime registration as a sex offender.). Trespass of Real Property-Related Offenses General Definition: To unlawfully enter land, a dwelling, or other 3 3 real property. Weapons Law-Related Offenses General Definition: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, 10 3 possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.
Drug/Narcotic-Related Offenses: Manufacture or Distribution Indicated General Definition: The violation of laws prohibiting the production, distribution, or trafficking of certain controlled 10 3 substances and the equipment or devices utilized in their preparation and/or use. Offenses contained in this category specifically indicate manufacture or distribution.
* Unless a person can demonstrate that his/her record is incorrect (e.g., the person was never convicted of the manufacture of methamphetamine or is not subject to lifetime registration requirements, as applicable), mitigating factors will not be considered for a person whose records indicate this offense. A household with a member whose record indicates an offense with an asterisk (“*”) may only be admitted to the HCV program if the member whose record indicates the offense is no longer a member of the household.
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APPENDIX E: PET POLICY
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APPENDIX F: GRIEVANCE POLICY
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APPENDIX G: FEDERALLY MANDATED INCOME EXCLUSIONS
77 FEDERAL REGISTER 43347: Published May 20, 2014
HUD's regulations provide for HUD to periodically publish in the Federal Register a notice that lists amounts specifically excluded by any Federal statute from consideration as income for purposes of determining eligibility or benefits in a HUD program.
1. The value of the allotment provided to an eligible household under the Food Stamp Act of 1977 (7 U.S.C. 2017(b));
2. Payments to volunteers under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5044(f)(1), 5058);
3. Certain payments received under the Alaska Native Claims Settlement Act (43 U.S.C. 1626(c));
4. Income derived from certain sub-marginal land of the United States that is held in trust for certain Indian tribes (25 U.S.C. 459e);
5. Payments or allowances made under the Department of Health and Human Services' Low-Income Home Energy Assistance Program (42 U.S.C. 8624(f));
6. Income derived from the disposition of funds to the Grand River Band of Ottawa Indians (Pub. L. 94-540, section 6);
7. The first $2000 of per capita shares received from judgment funds awarded by the National Indian Gaming Commission or the U.S. Claims Court, the interests of individual Indians in trust or restricted lands, and the first $2000 per year of income received by individual Indians from funds derived from interests held in such trust or restricted lands (25 U.S.C. 1407-1408). This exclusion does not include proceeds of gaming operations regulated by the Commission;
8. Amounts of scholarships funded under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070), including awards under federal work-study programs or under the Bureau of Indian Affairs student assistance programs (20 U.S.C. 1087uu). For section 8 programs only (42 U.S.C. 1437f), any financial assistance in excess of amounts received by an individual for tuition and any other required fees and charges under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall not be considered income to that individual if the individual is over the age of 23 with dependent children (Pub. L. 109-115, section 327) (as amended);
9. Payments received from programs funded under title V of the Older Americans Act of 1965 (42 U.S.C. 3056g);
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10. Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund (Pub. L. 101-201) or any other fund established pursuant to the settlement in In Re Agent Orange Liability Litigation, M.D.L. No. 381 (E.D.N.Y.);
11. Payments received under the Maine Indian Claims Settlement Act of 1980 (Pub. L. 96- 420, 25 U.S.C. 1728);
12. The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858q);
13. Earned income tax credit (EITC) refund payments received on or after January 1, 1991, for programs administered under the United States Housing Act of 1937, title V of the Housing Act of 1949, section 101 of the Housing and Urban Development Act of 1965, and sections 221(d)(3), 235, and 236 of the National Housing Act (26 U.S.C. 32(l));
14. Payments by the Indian Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation (Pub. L. 95-433);
15. Allowances, earnings and payments to AmeriCorps clients under the National and Community Service Act of 1990 (42 U.S.C. 12637(d));
16. Any allowance paid under the provisions of 38 U.S.C. 1833(c) to children of Vietnam veterans born with spina bifida (38 U.S.C. 1802- 05), children of women Vietnam veterans born with certain birth defects (38 U.S.C. 1811-16), and children of certain Korean service veterans born with spina bifida (38 U.S.C. 1821).
17. Any amount of crime victim compensation (under the Victims of Crime Act) received through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of a crime against the applicant under the Victims of Crime Act (42 U.S.C. 10602(c));
18. Allowances, earnings, and payments to individuals participating in programs under the Workforce Investment Act of 1998 (29 U.S.C. 2931(a)(2));
19. Any amount received under the Richard B. Russell School Lunch Act (42 U.S.C. 1760(e)) and the Child Nutrition Act of 1966 (42 U.S.C. 1780(b)), including reduced- price lunches and food under the Special Supplemental Food Program for Women, Infants, and Children (WIC);
20. Payments, funds, or distributions authorized, established, or directed by the Seneca Nation Settlement Act of 1990 (25 U.S.C. 1774f(b));
21. Payments from any deferred U.S. Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts (42 U.S.C. Sec. 1437a(b)(4));
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22. Compensation received by or on behalf of a veteran for service-connected disability, death, dependency, or indemnity compensation as provided by an amendment by the Indian Veterans Housing Opportunity Act of 2010 (Pub. L. 111-269; 25 U.S.C. 4103(9)) to the definition of income applicable to programs authorized under the Native American Housing Assistance and Self-Determination Act (NAHASDA) (25 U.S.C. 4101 et seq.) and administered by the Office of Native American Programs;
23. A lump sum or a periodic payment received by an individual Indian pursuant to the Class Action Settlement Agreement in the case entitled Elouise Cobell et al. v. Ken Salazar et al., 816 F.Supp.2d 10 (Oct. 5, 2011 D.D.C.), for a period of one year from the time of receipt of that payment as provided in the Claims Resolution Act of 2010 (Pub. L. 111-291);
24. Any amounts in an ``individual development account'' as provided by the Assets for Independence Act, as amended in 2002 (Pub. L. 107-110, 42 U.S.C. 604(h)(4));
25. Per capita payments made from the proceeds of Indian Tribal Trust Cases as described in PIH Notice 2013-30 ``Exclusion from Income of Payments under Recent Tribal Trust Settlements'' (25 U.S.C. 117b(a)); and
26. Major disaster and emergency assistance received by individuals and families under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Pub. L. 93-288, as amended) and comparable disaster assistance provided by States, local governments, and disaster assistance organizations (42 U.S.C. 5155(d)).
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APPENDIX H: VAWA EMERGENCY TRANSFER PLAN
Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking
A. Emergency Transfers
The Holyoke Housing Authority (HHA) is concerned about the safety of its residents in the Public Housing Program, and such concern extends to residents and who are victims of domestic violence, dating violence, sexual assault, or stalking. In accordance with the Violence Against Women Act (“VAWA”),1 HHA allows residents who are victims of domestic violence, dating violence, sexual assault, or stalking to request an emergency from the resident to another unit under the covered program. The ability to request a transfer is available regardless of sex, gender identity, or sexual orientation.2 HHA’s ability to honor such request for residents, however, may depend upon a preliminary determination that the resident is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, and in the case of residents, on whether HHA has another dwelling unit that is available and is safe to offer the resident for temporary or more permanent occupancy.
This plan identifies residents who are eligible for an emergency transfer, the documentation needed to request an emergency transfer, confidentiality protections, how an emergency transfer may occur, and guidance to residents on safety and security. This plan is based on a model emergency transfer plan published by the U.S. Department of Housing and Urban Development (“HUD”).
B. Eligibility for Emergency Transfers
A resident who is a victim of domestic violence, dating violence, sexual assault, or stalking, as provided in HUD’s regulations at 24 CFR part 5, subpart L is eligible for an emergency transfer, if: the resident reasonably believes that there is a threat of imminent harm from further violence if the resident remains within the same unit. If the resident is a victim of sexual assault, the resident may also be eligible to transfer if the sexual assault occurred on the premises within the 90-calendar-day period preceding a request for an emergency transfer.
A resident requesting an emergency transfer must expressly request the transfer in accordance with the procedures described in this plan. Residents who are not in good standing may still request an emergency transfer if they meet the eligibility requirements in this section.
1 Despite the name of this law, VAWA protection is available to all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.
2 Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national origin, religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status ACOP: VAWA EMERGENCY TRANSFER PLAN H-1
C. Emergency Transfer Request Documentation
To request an emergency transfer, a resident shall submit a written request to HHA.
HHA will provide reasonable accommodations to this policy for individuals (residents) with a disability.
The resident’s written request for an emergency transfer should include either:
1. A statement expressing that the resident reasonably believes that there is a threat of imminent harm from further violence if the resident were to remain in the same dwelling unit assisted under the covered program; or
2. A statement that the resident is a sexual assault victim and the sexual assault occurred on the resident’s premises during the 90-calendar-day period preceding the resident’s request for an emergency transfer.
D. Confidentiality
HHA will maintain in a confidential manner, any information that the resident submits in requesting an emergency transfer, and information about the emergency transfer, unless; (1) the resident gives HHA written permission to release the information on a time limited basis; or (2) disclosure of the information is required by law or required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program. This includes keeping confidential the new location of the dwelling unit of the resident, if one is provided, from the person(s) that committed an act(s) of domestic violence, dating violence, sexual assault, or stalking against the resident. The Notice of Occupancy Rights under the Violence Against Women Act For All Residents provides additional information about HHA’s responsibility to maintain the confidentiality of information related to incidents of domestic violence, dating violence, sexual assault, or stalking.
E. Emergency Transfer Timing and Availability
HHA cannot guarantee that a transfer request will be approved or how long it will take to process a transfer request. HHA will, however, act as quickly as possible to move a resident who is a victim of domestic violence, dating violence, sexual assault, or stalking to another unit, subject to availability and safety of a unit.
If HHA has no safe and available units for which a resident who needs an emergency transfer is eligible, HHA will assist the resident in identifying other housing providers who may have safe and available units to which the resident could move. At the resident’s request, HHA will also assist the resident in contacting the local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking that are attached to this plan.
F. Safety and Security of Residents
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Pending processing of the transfer request and the actual transfer, if it is approved and occurs, the resident is to be urged to take all reasonable precautions to be safe.
A resident who is or has been a victim of domestic violence are encouraged to contact the National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter, for assistance in creating a safety plan. Persons with a hearing impairment may call 1-800-787-3224 (TTY).
A resident who is or has been a victim of sexual assault may call the Rape, Abuse & Incest National Network’s National Sexual Assault Hotline at 800-656-HOPE, or visit the online hotline at https://ohl.rainn.org/online.
A resident who is or has been a victim of stalking seeking help may visit the National Center for Victims of Crime’s Stalking Resource Center at https://www.victimsofcrime.org/our- programs/stalking-resource-center.
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