Progress Industries HUD Group Homes s1

Progress Industries Standard Procedures

Subject: Tenant Selection Plan (HUD Homes) Section: G:Procedures – Person(s) Served – Residential Cross Ref: G:Policies – Person(s) Served - Residential Approve by: President & CEO Effective date: February 27, 2006 Review date: 02-06, 02-07, 3-12, 2-13, 2-14, 4-16, 8-16 Modified date: 03-07, 3-08, 2-09, 06-09, 1-10, 9-12, 2-15

THE FOLLOWING PROCEDURES IMPLEMENT PROJECT ELIGIBILITY REQUIREMENTS FOR ALL PROGRESS INDUSTRIES HUD HOMES.

Citizenship Requirements: Only U.S. citizens or eligible non-citizens may receive assistance under Section 8 programs. All family members, regardless of age, must declare their citizenship or immigration status. All Citizens must sign a Citizenship Declaration form. This form is issued to the applicant for verification and declaration of his/her citizenship, at the time of application. Noncitizens (except those age 62 and older) must sign a Verification Consent Form and submit documentation of their status or sign a declaration that they do not claim to have eligible status. Mixed families—may receive prorated assistance, continued assistance, or a temporary deferral of termination of assistance. Applicants who hold a noncitizen student visa are ineligible for assistance as are any noncitizen family members living with the student. Non-citizen students with a citizen spouse or child is considered a mixed family. Once the citizenship status has been determined---Progress Industries will provide full assistance to any applicant that has established eligibility if there is a vacant unit in which they can move into.

Social Security Number Requirements :  All applicants and residents (all household members) must disclose and provide verification of the complete and accurate Social Security Number (SSN) assigned to them unless an individual meets an exception. Exceptions to disclose SSNs are: Individuals who do not contend eligible immigration status; The O/A may not deny assistance to mixed families due to nondisclosure of a SSN by an individual who does not contend eligible immigration status, or Individuals, age 62 or older as of January 31, 2010 and whose initial determination of eligibility was begun before January 31, 2010. The eligibility date

is based on the initial effective date of the form HUD‐ 50059.

 Documentation that verifies the applicant's exemption status must be obtained from the owner of the property where the initial determination of eligibility was determined prior to January 31, 2010. This documentation must be retained in the resident file.  An owner/agent cannot accept certification from the applicant stating they qualify for the exemption.  The exception status for these individuals is retained if the individual moves to a new assisted unit under any HUD assisted program or if there is a break in his or her participation in a HUD assisted program.

 The applicant who has not disclosed and/or provided verification of SSNs for all non‐

exempt household members has 90 days from the date they are first offered an available unit to disclose and/or verify the SSNs. During the ninety (90) day period the applicant(s) may retain its place on the waiting list. After 90 days, if the applicant is unable to disclose and/or verify the SSNs of all nonexempt household members, the applicant will be determined ineligible and removed from the waiting list.  The O/A shall verify and document each disclosed SSN by obtaining the document below from each member of the applicant’s or resident’s household:  Original document issued by federal or state government agency which contains the name, SSN, and other identifying information of the individual  Driver’s license with Social Security Number  Earning statement or payroll stubs  Bank Statement  Form 1099  SSA benefit award letter  Retirement benefit letter  Life insurance policy  Court records

Use of EIV (Enterprise Income Verification System: HUD’s Enterprise Income Verification System (EIV) is currently used on a monthly basis to obtain and/or verify HUD Tenant Income data for the purpose of completing HUD tenants Annual Rent Recertification process. For security purposes, the EIV is only accessible through HUD’s secure website and the billing manager for Progress Industries is the only person with access rights to that site. The billing managers “role” in accessing and use of this site, is renewed or recertified on an annual basis to make sure everything is current and up-to-date. The billing manager also receives all HUD Notices and mailings that might be necessary to maintain the systems integrity and continued use in correlation with HUD’s rules.

Data obtained for use from EIV consists of wages and Social Security benefit data that is used solely in annual income calculations for tenants Annual Rent Re-certifications. All data obtained from EIV is subject to the provisions of the Federal Privacy Act, the Freedom of Information Act and any related laws. EIV data is maintained in each tenants file in the business office of Progress Industries in secure files.

Eligibility of Students for Assisted Housing: Section 8 assistance shall not be provided to any individual who: 1. Is enrolled as either a part-time or full-time student at an Institution of Higher Education for the purpose of obtaining a degree, certificate or other program leading to a recognized educational credential 2. Is under the age of 24 3. Not a veteran of the United States Military 4. Unmarried & does not have a dependent child 5. Is not a person with disabilities as defined by the U.S. Housing Act of 1937 and was not receiving Section 8 assistance as of 11/30/06 6. Is not living with parents who are receiving Section 8 assistance 7. Individually ineligible for Section 8 Assistance or, the students’ parents are individually or jointly, ineligible for assistance

Unless the student is determined independent from his or her parents, the eligibility of a student seeking Section 8 Assistance will be based on both the student and the parents being determined income eligible for Section 8 assistance.

For a student under the age of 24 who is not a veteran, is unmarried, does not have a dependent child and who is seeking section 8 assistance, section 327(a) of the Act sets up a two-part income eligibility test. Both parts of this test must be affirmatively met. That is, both the student and the student’s parents (the parents individually or jointly) must be income eligible for the student to receive section 8 assistance.

If it is determined that the parents are not income eligible, the student is ineligible to receive section 8 assistance. If an ineligible student is a member of household, assistance is not prorated, but will be terminated.

Any financial assistance, in excess of amounts received for tuition, that an individual receives under the Higher Education Act of 1965 from private sources or an institution of higher education (as defined under the Higher Education Act of 1965) shall be considered income to that individual. There are two exceptions to this income calculation requirement. No financial assistance that an individual receives under the Higher Education Act of 1965 from private sources or an institution of higher education (as defined under the Higher Education Act of 1965) shall be considered income if the student is: 1. Living with his/her parents/guardian or 2. A person over the age of 23 with dependent children As noted earlier in this guidance, based on program practices and criteria already in place, a student under the age of 24 who meets the additional criteria of section 327 of the Act may be income eligible for assistance in circumstances where an examination of the income of the student’s parents may not be relevant or where the student can demonstrate the absence of, or his or her independence from, parents. These practices and criteria include but are not limited to consideration of all of the following: 1. The individual must be of legal contract age under state law. 2. The individual must have established a household separate from parents or legal guardians for at least one year prior to application for occupancy or the individual meets the U.S. Department of Education’s definition of an independent student: a. Be at least 24 years old by December 31 of the award year for which aid is being sought b. Be an orphan or a ward of the court through the age of 18 c. Be a veteran of the U.S. Armed Forces d. Have legal dependents other than a spouse (for example, dependent children or an elderly dependent parent e. Be a graduate or professional student or f. Be married. 3. The individual must not be claimed as a dependent by parents or legal guardians pursuant to IRS regulations. 4. The individual must obtain a certification of the amount of financial assistance that will be provided by parents, signed by the individual providing the support. This certification is required even if no assistance will be provided.

As also noted earlier in this guidance, the new law and HUD’s rule do not affect students residing in a section 8 assisted unit with his or her parents or who reside with parents who are applying to receive section 8 assistance.

Student status will be obtained at application and at recertification per application and recertification questionnaires.

Income Limits:  Progress Industries will accept applicants at or below the very low income limit as defined by HUD.  Progress Industries will make at least 40% of the assisted HUD units that become available in each year, of the projects fiscal year, available for leasing to families whose income does not exceed 30% of the areas median income at the time of admission. PI will actively seek out individuals with incomes that do not exceed 30% of the area median income at the time they commence their lease. It has been PI’s experience that all applicants have been at or below the extremely low income limits and will therefore admit applicants by date and time of application. If in the future we obtain applicants above the extremely low income limits, applicants will be selected to achieve the 40% target. If a higher income applicant is skipped over to meet this income targeting requirement that applicant will not lose their place on the waiting list.

Procedures for Accepting Applications and Selection From the Waiting List :  Procedures for Accepting Applications and Pre-Applications: Applications will be considered on a first received, first reviewed basis. Only those applications that are complete will be reviewed. Applications will be screened and selected in full accordance with all federal, state and local housing and equal housing opportunity laws and requirements. Upon acceptance of an application, the clients name will be added to a Waiting List maintained with official acceptance dates of all clients deemed appropriate and accepted for services. When an opening occurs, PI contacts the DHS office and they will have 14 (Fourteen) days to authorize and move a client into the vacancy. Otherwise a non-Jasper County client will be selected by PI to fill the vacancy. Clients selected to fill a vacancy, which then decline to fill that vacancy, will be given a new official acceptance date and put on the bottom of the waiting list. Applicants may be notified to update information provided by them on the list as needed. If an applicant is removed from the “waiting “list and the owner subsequently determines that an error was made in removing the applicant, they must be reinstated at the original place on the waiting list.  Procedures for Applying Preferences: It is the intent of Progress Industries to provide comprehensive human services based upon needs of people with handicapping and aging conditions. The residents (clients) of Jasper County will be given first priority for receiving services. Preference will be given to elderly, handicapped and disabled applicants as PI actively seeks out clients with incomes that do not exceed 30% of the areas median income, whether that be low income or very low income individuals, at the time their lease would commence.  Non-discrimination: Progress Industries does not discriminate on the basis of disability status in the admission or access to, or treatment or employment in, its federally assisted programs and activities. The following Progress Industries employee has been designated to coordinate compliance with the non-discrimination requirements contained in the Dept. of Housing and Urban Developments regulations implementing Section 504 (24CFR, part 8 dated June 2, 1988) She can be contacted at this address in writing, by telephone and e-mail. If you are hearing impaired you may also use the Iowa Relay to contact Progress Industries by calling 1-800-735-2942, Progress Industries, 1017 E. 7th St N., Newton, IA 50208. 641-792-6119 or [email protected]

 Applicant Screening Criteria: Pursuant to HUD guidelines, Progress Industries will deny admission if:(1) any household member has been evicted from Federally- assisted housing for drug related activity for three years from the date of eviction (2) any household member is currently engaging in illegal drug use (3) there is reasonable cause to believe that a household member’s illegal use may interfere with other residents. (4) Household member is subject to a lifetime registration requirement under a state sex offender registration program. (5) PI determines that there is reasonable cause to believe that a household member’s abuse or pattern of abuse of alcohol interferes with the health, safety or right to peaceful enjoyment of the premises by other residents. ***During the admissions screening process, PI must perform the necessary criminal history background checks in Iowa where the housing is located and in other states where the household members are known to have resided.

 Existing Tenant Search: This report in EIV, identifies applicants applying for assisted housing that may be receiving rental assistance, at the time of application processing, at another location. Progress Industries will use this report when processing an applicant for admission to determine if he/she is currently being assisted at another Multifamily or public housing location. If the report proves he/she does reside at another facility, discussion will follow with the applicant to explain their circumstances involved regarding their residence at said facility and application for a Progress Industries unit. If necessary, Progress Industries will follow up with the respective O/A to confirm the individual’s participation status before admission and/or acceptance of admission.

 Procedures for Rejecting Ineligible Applicants: Applicants not accepted by reason of established rejection criteria will be so notified, in writing, within ten (10) days of the decision. Rejected applicants will be informed of the reason(s) for their rejection and will be given the opportunity to respond to the determination, in writing, to request a meeting within fourteen (14) days of receiving the notice of rejection (copy sent to referral funding source). Occupancy Standards:  Progress Industries HUD sites are all Efficiency units or 1 bedroom. Tenant selection will be based on these standards for the provision of only one tenant per available bed or unit.

Unit Transfer Policies. Selection of In-place Residents Versus Applicants From Waiting List When Vacancies Occur:  When an opening occurs, a Jasper County client from the Waiting list will be considered first. There is a time frame of fourteen (14) days for this process. At which time a non- Jasper County client will be looked at. Tenants currently in other units may also be considered and then transferred into the open unit.  Unit transfer is also considered if for a medical reason certified by a doctor or the transfer is based on the need for an accessible unit.

Policies for Compilation to Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act:  Progress Industries will not discriminate on the basis of disability in any program or activity receiving federal financial assistance from HUD.

 In compliance with the Fair Housing Act, Progress Industries will not discriminate in it’s housing program or any related housing areas, transactions based on race, color, religion, sex, national origin, disability, age or familial status. In accordance with the State of Iowa, Progress Industries also will not discriminate based on creed, sexual orientation and gender identity. These apply to all housing programs regardless of the presence of federal financial assistance.

 In compliance with the Civil Rights Act of 1964, Progress Industries will not discriminate on the basis of race, color, national origin, sex, age, disability, religion or familial status for any program or activity receiving federal financial assistance from HUD.

 Definitions of household characteristics in evaluating an applicant’s eligibility. The owner shall use the following definitions of elderly, handicapped, disabled and displaced. (1) Handicapped means a person having a physical or mental impairment which is expected to be of long or indefinite duration. Substantially impedes his/her ability to live independently or is of such nature that the person’s ability to live independently could be improved by more suitable housing conditions. (2) Disabled refers to a person who is under a disability as defined in Section 223 of the Social Security Act or in Section 102(b) (5) of the Developmental Disabilities Services and Facilities, Construction Amendments of 1970. Receipt of veterans’ benefits for disability, whether service oriented or otherwise, doesn’t automatically establish disability.

 Section 223 of the SS Act defines disability as “Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

 Affirmative marketing guidelines and objectives will be implemented in the marketing program and selection of residents for HUD properties.

Opening and Closing the Waiting List:  Progress Industries reserves the right and must occasionally “Close” the waiting list, at which time PI (the owner) can not take additional applications for its HUD properties. When the owner decides to do this, notice will be made publicly with the reasons for the closure.

 Whenever Progress Industries closes the waiting list or accepts applications again, notice of this action will be sent to Jasper County Case Management and other referral sources. Rules for applying and the order in which the owner will resume taking applications will also be announced at this time.

Charges for Facility Services:  Residents of Progress Industries HUD sites will be required to pay a monthly rent. This rent is based on yearly income and expenses for each tenant. Each unit has a contract rent of which the tenant pays an amount determined annually during a process called an Annual Recertification. The remainder of the contract rent is then billed monthly to HUD on an assistance payment voucher.

 Minimum monthly rental amount for HUD properties shall be $25.00. This minimum monthly rent requirement must be waived under the following hardship exceptions: the family has lost Federal, State or local government assistance or is waiting for eligibility determination, the family would be evicted if the minimum rent requirement was imposed, the family whose income has decreased due to a change in circumstances including loss of employment, a death in the family has occurred, and other situations as may be determined by the owner or HUD.

Security Deposit Requirements: A security deposit equal to one months rent or $50.00 which ever is greater must be collected from each tenant upon execution of the move-in lease.

Unit Inspections:  Upon move-in the unit is inspected with the tenant to familiarize themselves with the project and the unit as well as to document its overall condition.  Upon the unit being vacated, Progress Industries performs a “move-out” inspection to ensure there are no damages to the unit. P.I. lists the damages on the move- out form, compares with the move-in inspection to determine if the damage was reasonable wear or tear, or excessive damage caused by the tenant’s abuse or neglect.

 P.I. will perform inspections of the units on an annual basis to determine whether the appliances and equipment in the unit are functioning properly and assess whether a component needs to be repaired or replaced. Also gives the owner an opportunity to determine any damage to the unit caused by the tenant, make repairs and bill the tenant for the cost of the repairs. Annual Recertification Process:  Owners must conduct an annual review (recertification) of family income and expenses. The tenant rent and assistance payments will then be recomputed based on the information gathered.

 A packet of third party income and expense verification forms will be signed either by the tenant or qualified persons such as a guardian, and completed and mailed to sources such as Federal income, banking institutions, employers, doctors, pharmacists and any others that affect the determination of adjusted income.

 Upon the return of the requested data, it is then entered into the projects HUD compliant software and a new rent and assistance payment is determined. A 30 day notice will be provided for any rent changes.

 At any time a tenant’s income changes or additional expenses are incurred that will effect ability to pay rent, it must be reported to owner at which time an “interim recertification” will be completed. This is rather the same process as above, only it is occurring before the tenant’s anniversary date.

Policies for the Implementation of the Violence Against Women and Justice Department Reauthorization Act of 2005 for the Multifamily Project-Based Section 8 Housing Assistance Payments Program.  On January 5, 2006, the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162) was signed into law. Hereafter referred to as VAWA.

 The VAWA protections apply to tenants applying for or receiving rental assistance payments under the project-based Section 8 program. The law protects victims of domestic violence, dating violence or stalking, from being evicted or being denied housing assistance if an incident of violence that is reported and confirmed. The VAWA also provides that an incident of actual or threatened domestic violence, dating violence or stalking does not qualify as a serious or repeated violation of the lease nor does it constitute good cause for terminating the assistance, tenancy, or occupancy rights of the victim. Furthermore, criminal activity directly relating to domestic violence, dating violence or stalking is not grounds for terminating the victim’s tenancy.

 The law offers the following protections against eviction or denial of housing based on domestic violence, dating violence or stalking:

a. An applicant’s or program participant’s status as a victim of domestic violence, dating violence or stalking is not a basis for denial of rental assistance or for denial of admission, if the applicant otherwise qualifies for assistance or admission.

b. An incident or incidents of actual or threatened domestic violence, dating violence or stalking will not be construed as serious or repeated violations of the lease or other “good cause” for terminating the assistance, tenancy, or occupancy rights of a victim of abuse.

c. Criminal activity directly related to domestic violence, dating violence or stalking, engaged in by a tenant’s guest or other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights of the victim of the criminal acts.

d. The provisions protecting victims of domestic violence, dating violence or stalking engaged in by a tenant, may not be construed to limit the O/A, when notified, from honoring various court orders issued to protect the victim.

e. The authority to evict or terminate assistance is not limited with respect to a victim that commits unrelated criminal activity. Furthermore, if an O/A can show an actual and imminent threat to other tenants or those employed at or providing service to the property if an unlawful tenant’s residency is not terminated, then evicting a victim is an option, the VAWA notwithstanding. Ultimately, O/As may not subject victims to more demanding standards than other tenants.

f. The VAWA protections shall not supersede any provision of any federal, state, or local law that provides greater protection for victims of domestic violence, dating violence or stalking. The laws offering greater protection are applied in instances of domestic violence, dating violence or stalking. Tenants Rights and Responsibilities: Tenants who are victims of domestic violence, dating violence or stalking are protected by the VAWA from being evicted or from housing assistance being terminated because of the acts of violence against them.

If requested, tenants are required to submit to the O/A a completed Certification of Domestic Violence, Dating Violence or Stalking, Form HUD-91066, or other supporting documentation as described in VI.A.2, above, within 14 business days of the O/A’s request, or any extension of that date provided by the O/A. If the certification or other supporting documentation is not provided within the specified timeframe, the landlord may begin eviction proceedings (Form is attached to back of the Tenant Selection Plan).

If the tenant has sought assistance in addressing domestic violence, dating violence or stalking from a federal, state, tribal, territorial jurisdiction, local police or court, the tenant may submit written proof of this outreach.

It is possible for someone lawfully occupying the unit, who is also a victim, to be evicted or removed from the home. If the victim commits separate criminal activity, a landlord may evict them for engaging in crime. Furthermore, if a victim poses “an actual and imminent threat to other tenants or those employed at or providing service to the property,” they could be evicted, despite the VAWA. Of paramount consideration within the VAWA is that the landlord may not hold the victim to a more demanding standard than other tenants.

CERTIFICATION OF DOMESTIC U.S. Department of Housing VIOLENCE, DATING VIOLENCE and Urban Development OR STALKING Office of Housing

Public reporting burden for this collection of information is estimated to average 1 hour per response. This includes the time for collecting, reviewing, and reporting the data. Information provided is to be used by owners and management agents administering Section 8 project- based assistance under the United States Housing Act of 1937 (42 U.S.C. 1437) to request a tenant to certify that the individual is a victim of domestic violence, dating violence or stalking. The information is subject to the confidentiality requirements of the HUD Reform Legislation. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number.

Purpose of Form: The Violence Against Women and Justice Department Reauthorization Act of 2005 protects qualified tenants and family members of tenants who are victims of domestic violence, dating violence or stalking (collectively “domestic violence”) from being evicted or terminated from housing assistance based on acts of such violence against them.

Use of Form: If you have been a victim of domestic violence, you or a family member on your behalf, must complete and submit this certification form, or submit the information described below under “Alternate Documentation,” which may be provided in lieu of the certification form, within 14 business days of receiving the written request for this certification form from the owner or management agent. The certification form or alternate documentation must be returned to the person and the address specified in the written request for the certification form. If the requested certification form or the information that may be provided in lieu of the certification form is not received by the 14th business day or any extension of the date provided by the owner or management agent, none of the protections afforded to victims of domestic violence under the Section 8 project-based assistance program will apply. Distribution or issuance of this form does not serve as a written request for certification.

Alternate Documentation: In lieu of this certification form (or in addition to it), the following documentation may be provided:

(1) A federal, state, tribal, territorial, or local police or court record; or

(2) Documentation signed by an employee, agent or volunteer of a victim service provider, an attorney or medical professional, from whom the victim has sought assistance in addressing the domestic violence, dating violence or stalking, or the effects of abuse, in which the professional attests under penalty of perjury (28 U.S.C. 1746) to the professional’s belief that the incident(s) in question are bona fide incidents of abuse, and the victim has signed or attested to the documentation.

TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE:

1. Date written request is received from owner or management agent: ______

2. Name of victim: ______

3. Your name (if different)______

4. Name(s) of other family members listed on the lease: ______

______

5. Name of the abuser: ______

6. Relationship of the abuser to the victim: ______In your own words, describe the incident (attach more sheets if needed and initial each attachment): 7. ______Date of incident: ______

8. Time of incident:______

9. Location of incident:

(Page two must be completed and attached to this form)

This is to certify, under penalty of perjury, that the information provided is true and correct, and that the individual named above in Item 2 is a victim of domestic violence, dating violence or stalking. The incident(s) in question is a bona fide incident(s) of such actual or threatened abuse. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for termination of Section 8 project- based assistance or eviction from assisted property.

Signature ______Executed on (Date)______

All information provided to an owner or management agent related to the incident(s) of domestic violence, dating violence or stalking, including the fact that an individual is a victim of domestic violence, dating violence or stalking shall be retained in confidence by the owner or management agent and shall neither be entered into any shared database nor provided to any related entity, except to the extent that such disclosure is:

(1) Requested or consented to by the victim in writing; (2) Required for use in an eviction proceeding or termination of assistance; or (3) Otherwise required by applicable law 2