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Public Housing Occupancy Guidebook

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Public Housing Occupancy Guidebook Public Housing Occupancy Guidebook U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Public Housing and Voucher Programs Public Housing Management and Occupancy Division June 2003 Public Housing Occupancy Guidebook Table of Contents INTRODUCTION ...........................................................................................................................................................1 Part 1: Civil Rights...........................................................................................................................................2 Part 2: Admissions............................................................................................................................................2 Part 3: Public Housing Income and Program Rents ....................................................................................3 Part 4: Continued Occupancy.........................................................................................................................4 Part 5: The Public Housing Lease ..................................................................................................................5 Part 6: Grievance Procedure...........................................................................................................................6 Part 7: Domestic Violence ...............................................................................................................................6 Appendices .............................................................................................................................................................7 PART 1: CIVIL RIGHTS AND NONDISCRIMINATION REQUIREMENTS CHAPTER 1. CIVIL RIGHTS AND NONDISCRIMINATION REQUIREMENTS...............................................................9 1.0 General Provisions .......................................................................................................................................9 1.1 Nondiscrimination Laws..............................................................................................................................9 Fair Housing Act - 42 U.S.C. 3601 (also known as Title VIII of the Civil Rights Act) (24 CFR Part 100 et seq)....................................................................................................................................... 10 Title VI of the Civil Rights Act of 1964 (24 CFR Part 1).................................................................................. 11 Section 504 of the Rehabilitation Act of 1973 (24 CFR Part 8) ..................................................................... 12 Title II of the Americans with Disabilities Act................................................................................................... 12 Age Discrimination Act of 1975 (24 CFR Part 146).......................................................................................... 13 Obligation to Affirmatively Further Fair Housing (24 CFR § 960.103 (b)) ......................................................... 13 Improving Access to Services for Persons with Limited English Proficiency (LEP).................................... 13 Other Applicable Laws and Regulations............................................................................................................ 14 Effect of More than One Applicable Law or Regulation.................................................................................. 14 Program Reporting and Record Keeping (24 CFR § 107.30 and 24 CFR § 1.6(b))...................................... 14 Discrimination Complaints................................................................................................................................... 15 1.2 Affirmative Disability-Related Civil Rights Requirements Under Section 504 of the Rehabilitation Act and the Fair Housing Act .......................................................................................15 Who is a Person with a Disability under Federal Civil Rights Laws .............................................................. 15 Exclusion of Individuals Who Pose a Direct Threat to Health or Safety of Others...................................... 17 Accessibility in Communication........................................................................................................................... 17 Reasonable Accommodations............................................................................................................................... 17 Reasonable Accommodations in the Admissions/Occupancy Process............................................................ 18 Civil Rights Requirements Related to Verification/Inquiries About Disability (24 CFR § 100.202)......... 19 1.3 Affirmative Marketing and Other Affirmative Obligations..................................................................20 PART 2: ADMISSIONS TO PUBLIC HOUSING CHAPTER 2. ELIGIBILITY FOR ADMISSION............................................................................................................23 2.0 Overview......................................................................................................................................................23 2.1 Annual Income (24 CFR § 5.609) .............................................................................................................23 Income for Eligibility ............................................................................................................................................ 23 i Public Housing Occupancy Guidebook Definition of Annual Income................................................................................................................................ 24 2.2 Eligible Family Status (24 CFR § 5.403) ..................................................................................................24 Definitions of Eligible Families............................................................................................................................ 24 Citizenship and Eligible Immigrant Status (24 CFR § 5.506).......................................................................... 27 Disclosure of Social Security Numbers (24 CFR § 5.216)................................................................................. 28 Ineligibility Because of Criminal Activity (24 CFR § 960.204)........................................................................ 28 CHAPTER 3. WAITING LIST ADMINISTRATION .....................................................................................................29 3.0 Overview......................................................................................................................................................29 3.1 Entering New Applications on the Waiting List .....................................................................................30 3.2 Opening and Closing the Waiting List or Sub-List ................................................................................31 3.3 Essential Application Information for Waiting List Placement............................................................31 3.4 Community-Wide and Site-Based Waiting Lists ....................................................................................32 3.5 Moving From Community-Wide to Site-Based Waiting List ................................................................33 3.6 Preferences ..................................................................................................................................................33 Considerations Before Applying Preferences .................................................................................................... 34 Local and Ranking Preferences........................................................................................................................... 34 Change in Preference Status While on the Waiting List.................................................................................. 37 Meeting for Applicants Denied a Preference (24 CFR § 5.410(g)).................................................................. 37 3.7 Updating a Waiting List ............................................................................................................................38 Preparing the Update Package ............................................................................................................................ 38 Disseminating the Update Package ..................................................................................................................... 38 Applicants Who Fail to Respond: Second Notice.............................................................................................. 39 Reasonable Accommodation of Applicants with Disabilities........................................................................... 39 Completing the Waiting List Update .................................................................................................................. 40 3.8 Removing Applicants from the Waiting List...........................................................................................40 Withdrawing an Application From the Waiting List........................................................................................ 40 Rejecting an Application for Public Housing (24 CFR § 960.203).................................................................. 41 Removing or Dropping an Application for Refusal of a Unit
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