202/8EH-IL - tri-assoc.comtri-assoc.com/.../uploads/2013/04/ADMITPOL-6-2010-Bis… · Web...

$: 202/8EH-IL - tri-assoc.comtri-assoc.com/.../uploads/2013/04/ADMITPOL-6-2010-Bis… · Web viewM:\WORD\BISHOP JOSEPH D FARRIS\Admit Policiy Current\ADMITPOL 6-2010 Bishop Farris$
TRIANGLE ASSOCIATES INC.

ADMISSION, TRANSFER, AND CONTINUING OCCUPANCY POLICY

Bishop Joseph D. Farris Senior Living Center4025 N. Sherman Drive

Indianapolis, Indiana 46226Phone 317- 546-5020

Revised 6/10

/tt/file_convert/5ad842db7f8b9af9068d4b7e/document.docx

Table of Contents

DESCRIPTION OF PROPERTY...........................................................................1

ELIGIBILITY..........................................................................................................1

ELIGIBLE HOUSEHOLD CHARACTERISTICS....................................................2

ELIGIBLE HOUSEHOLD CHARACTERISTICS AND UNIT SIZE.........................3

INCOME LIMITATIONS........................................................................................4

MINIMUM RENT...................................................................................................4

INELIGIBLE APPLICANTS....................................................................................4

ADDITIONAL SELECTION CRITERIA..................................................................4

FAIR HOUSING AND EQUAL OPPORTUNITY REQUIREMENTS......................5

PRIORITIES FOR ADMISSION AND TRANSFER................................................5

MOVE-INS:........................................................................................................6

UNIT TRANSFERS:...........................................................................................6

ASSIGNMENT OF ASSISTANCE.........................................................................6

UNITS DESIGNED SPECIFICALLY FOR HANDICAPPED PERSONS................6

SECTION 504, FAIR HOUSING ACT AND CIVIL RIGHTS ACT..........................6

Section 504:.......................................................................................................6

Fair Housing Act:...............................................................................................7

THE VIOLENCE AGAINST WOMEN AND DEPARTMENT OF JUSTICE

REAUTHORIZATION ACT OF 2005.....................................................................8

CITIZENSHIP REQUIREMENTS..........................................................................8

ACCEPTABLE DEPARTMENT OF HOMELAND SECURITY

DOCUMENTATION...........................................................................................9

SOCIAL SECURITY REQUIREMENTS..............................................................10

STUDENT ELIGIBILITY......................................................................................12

EXEMPTION FOR STUDENT WITH DISABILITIES...........................................13

APPLICATIONS, WAITING LIST, AND CERTIFICATION PROCEDURES........13


TAKING APPLICATIONS:...............................................................................13

REVIEWING THE APPLICATION TO DETERMINE TENTATIVE ELIGIBILITY

AND UNIT SIZE NEEDED...............................................................................14

RECONFIRMATION OF INTEREST AND MAINTENANCE OF THE WAITING

LISTS...............................................................................................................15

INTERVIEWING THE APPLICANT.................................................................16

VERIFYING INFORMATION...........................................................................17

EIV...................................................................................................................17

DETERMINING ELIGIBILITY AND COMPUTING THE MONTHLY RENT......18

NOTIFYING THE APPLICANT OF REJECTION.............................................19

NOTIFYING THE APPLICANT OF APPROVAL AND UNIT ASSIGNMENT.. .20

CERTIFYING THE APPROVED APPLICANT.................................................20

GENERAL APPLICATION INFORMATION.....................................................20

CLOSING THE WAITING LIST........................................................................21

REOPENING A WAITING LIST.......................................................................22

ADDITIONAL CONTINUING OCCUPANCY REQUIREMENTS.........................22


Bishop Joseph D. Farris Senior Living Center4025 N. Sherman Drive

Indianapolis, Indiana 46226Phone 317- 546-5020

ADMISSION, TRANSFER, AND CONTINUING OCCUPANCY POLICY

Revised 6/10

DESCRIPTION OF PROPERTY

Bishop Joseph D. Farris Senior Living Center is a Section 202 PRAC property for the elderly with a 100% Project Rental Assistance Contract (PRAC) for its 49 rental units. Bishop Joseph D. Farris Senior Living Center specially designed accessible units are available to eligible elderly households only, in which the head or co-head needs some or all of the accessibility features due to a physical disability. Bishop Joseph D. Farris Senior Living Center consists of one three-story elevator building and does not offer health care or medical services, food services, or house keeping services.

ELIGIBILITY

To be eligible for admission and for continuing occupancy, applicants must meet the eligibility requirements of the Department of Housing and Urban Development (HUD) for this type property AND the Bishop Joseph D. Farris Senior Living Center selection criteria.

The household may be eligible for assistance ONLY IF:

1. The household meets the economic criteria established for the subsidy program, and the household's annual income does not exceed the appropriate income limit.

2. The owner and resident comply with HUD's unit size standards.

3. The applicant agrees to pay the rent required for the subsidy program.

4. The unit will be the household's only residence.

5. At the time of admission, the applicant is not receiving assistance on any other unit.

6. The applicant meets the eligibility criteria for the property and the specific unit and the properties resident selection criteria contained in this Policy.

/tt/file_convert/5ad842db7f8b9af9068d4b7e/document.docxPage 1 of 22

7. The applicant household meets HUD’s non-citizen rule eligibility requirements based on U. S. citizenship or legal alien status. (If some household members are eligible and others are not, the household may be eligible for partial assistance which is being eliminated in the last quarter of 2009)

ELIGIBLE HOUSEHOLD CHARACTERISTICS

Admission to this property is expressly limited to eligible households consisting of:

A single person who is elderly (62 years of age or over) OR

A family of two or more persons the head or co-head of which is elderly OR

One or more such elderly persons living with a person who is essential to their care and well-being, based on a licensed physician's certification, and who meets the definition below for a live-in aide/attendant.

Admission to one of the accessible apartments is open to eligible households consisting of:

A family of two or more persons the head or co-head of which is a physically disabled person who needs one or more of the accessibility features of the apartment who is elderly as defined below, OR

An elderly person 62 or older who is physically disabled and who needs one or more of the accessibility features of the apartment OR

One or more such elderly or physically disabled persons living with a person who is essential to their care and well–being, based on a licensed physician’s certification, and who meets the definition below for a live-in aide/ attendant.

If the head and/or co-head of the family is an eligible applicant, children who are members of the family are not prohibited from living in the unit. Documentation is required to establish that one or either natural or adoptive parents are in the household and/or that an adult in the household has legal custody or guardianship at least 50% of the year for any household member who is under age 18.

Note:The surviving adult member, 62 or older, of a family who was living in the unit and assisted under the Section 202 program with the deceased


member of the family at the time of his or her death (and who was not a live-in aide/attendant) is eligible for continuing occupancy. Surviving adults who are not 62 and older are NOT eligible to remain in the unit.

ELIGIBLE HOUSEHOLD CHARACTERISTICS AND UNIT SIZE

1. LIVE-IN AIDE/ATTENDANT: A person who lives with an elderly or elderly physically disabled individual and is essential to that individual's care and well-being, is not obligated for the individual's support, and would not be living in the unit except to provide the support services. While a relative may be considered to be a live-in aide/attendant, this definition must be met, especially the last part of it. The Live-in Attendant has no rights of occupancy under the lease and must vacate the apartment if required by management.

2. A minimum of one person and a maximum of two persons per bedroom are considered to be a reasonable standard.

3. Applicants who choose to be on the waiting list for more than one type unit for which they qualify should be aware that:

A. Refusal of an offered unit of the type applied for will cause the application to be canceled UNLESS the applicant still has his/her one "pass" privilege and wishes to use it to remain on the waiting list for the other unit type.

B. Acceptance of an offered unit for move-in will cause the applicant's name to be removed from any other type unit's waiting list.

4. A non-physically disabled elderly applicant may be permitted to move into an accessible unit if there is no eligible physically disabled person available at the time the unit is assigned for move-in until such time as there is an eligible physically disabled applicant or resident needing the accessible unit, and a regular unit is available for the non-handicapped elderly resident. A Lease Agreement must be signed at the time of move in agreeing to these provisions and such a transfer would be at the resident's expense.

5. No additions to the household may be made after move-in unless; prior written approval is given by management. Permitting unauthorized persons to occupy the unit violates the lease and/or the Rules and Regulations and is grounds for termination of tenancy (eviction).

6. Management will not approve the addition of a person to the household if this would cause the family to exceed the limitations for the apartment size.


7. Management will also not be able to approve the addition of any adult (18 or older) to the household until all necessary verifications (credit report, landlord verifications, criminal background reports, verifications of income and assets) have been received and management has been able to determine that the addition meets the property’s criteria.

8 To approve the addition of a person under age 18, management must receive documentation to prove that the minor is the child of one or both natural or adoptive parents living in the household and/or proof of legal custody or guardianship. In the event of split custody, an adult living in the household must have custody of the child 50% of the year or more.

9 Verification required before admitting a live-in aide/attendant is less than for a regular family member, as income and asset verification is not necessary, and the live-in attendant cannot become a remaining member. However, credit and criminal reports, landlord verifications, are required by management to assess the individual's ability to live in the building.

INCOME LIMITATIONS

To be admitted for occupancy, the applicant's eligibility income must be equal to or less than the PRAC required Income limit for the family size which is the 30% income limit or the extremely low income limit. The admission of over-income applicants is not permitted.

The passage of QHWRA in 1998 established the extremely low income limit which is 30% of the median income.

MINIMUM RENT

PRAC properties are not subject to minimum rent; therefore, this property does not have minimum rent requirements..

INELIGIBLE APPLICANTS

Applicants who are classified by HUD as "ineligible applicants" may be admitted, only as specifically permitted by current HUD regulations.

ADDITIONAL SELECTION CRITERIA

Applicants must also be determined acceptable according to the following criteria in order to be approved for admission:

1. Applicant's willingness to pay monthly rent and other charges in a timely manner, as determined from information obtained from current and prior landlords or mortgage companies, if any, for at least the past two


years; from a credit report; and from credit references provided by the applicant or disclosed by the credit report.

2. Applicant's ability and willingness to care for the dwelling unit based on landlord references, and credit report.

3. Applicant's ability to meet the Lease requirements, with or without the services of a live-in attendant, as determined from landlord references, credit reports, and by criminal background reports.

4. A record of criminal acts against persons or property; drug-related criminal activity including the illegal manufacture, sale, distribution, use, or possession of a controlled substance; acts of violence against other persons; or confinement in a correctional facility following conviction for any of the foregoing criminal activities; or serious or repeated disturbances that disturb the livability of a residential property or community, adversely affect the health or safety of any person, have an adverse financial effect on a residential property, interfere with the management of a property, or interfere with the rights and quiet enjoyment of other residents during the fifteen years prior to application will be grounds for rejection of the application. Unless otherwise provided by law, proof of violation shall not require criminal conviction but shall be by a preponderance of the evidence.

5. Any household containing a member(s) who was evicted in the last three years from federally assisted housing for drug related criminal activity will be rejected.

6. Any household member that is subject to a state sex offender lifetime requirement will be rejected.

7. Any household member for whom there is reasonable causes to believe that the member’s behavior, from abuse or pattern of abuse of alcohol, may interfere with the health, safety, and right to peaceful enjoyment by other residents. The screening standards must be based on behavior, not the condition of alcoholism or alcohol abuse.

FAIR HOUSING AND EQUAL OPPORTUNITY REQUIREMENTS

The property will not knowingly violate any applicable Federal, State, or local fair housing, civil rights laws, or any equal opportunity requirements in the providing of housing and housing services. The Affirmative Fair Housing Marketing Plan is attached hereto by reference and is available for review.

PRIORITIES FOR ADMISSION AND TRANSFER


MOVE-INS:

The QHWRA law of 1998 established a move-in preference that required 40% of all move ins be under the extremely low income limit (30% income limit). However, all move ins (100%) at Bishop Joseph D. Farris must be under the extremely low income limit.

UNIT TRANSFERS:

1. Unit transfers will take priority over new applicants.

2. Unit transfers may be requested for medical reasons with a doctor statement only or a change in family composition.

3. If a family is placed in an accessible unit but did not need the accessible features and there is someone on the waiting list that needs those features, the owner may request that the family move to the first available non accessible unit in the project.

4. If a person eligible for and in an accessible unit requests to be transferred to a non accessible unit it can only be approved with a doctor’s statement that the resident no longer needs an accessible unit. If a handicapped person in a non accessible unit requests a transfer to an accessible unit it also may only be approved with an acceptable doctor’s statement.

NOTE: A unit transfer is a move of a household from one unit into another unit in the same property. All members of the household must be vacating the old unit when the family moves into the new unit.

ASSIGNMENT OF ASSISTANCE

As assistance is available to eligible tenants on all dwelling units at this property, no plan is needed for selecting between applicants on the waiting list and current tenants.

UNITS DESIGNED SPECIFICALLY FOR HANDICAPPED PERSONS

These units will be assigned in the order required by HUD and as stated under Eligible Household Characteristics.

SECTION 504, FAIR HOUSING ACT AND CIVIL RIGHTS ACT

Section 504: Section 504 of the Rehabilitation Act of 1973 (“Section 504”) prohibits discrimination based upon disability in all programs or activities operated by recipients of federal financial assistance. Although Section 504 often overlaps with the disability discrimination prohibitions of the Fair Housing Act, it differs in that it also imposes broader affirmative obligations on the Owner to make their programs as a whole, accessible to persons with disabilities. Section 504 obligations include the following:


Making and paying for reasonable structural modifications to units and/or common areas that are needed by applicants and tenants with disabilities, unless these modifications would change the fundamental nature of the project or result in undue financial and administrative burdens;

Operating housing that is not segregated based upon disability or type of disability, unless authorized by federal statute or executive order;

Providing auxiliary aids and services necessary for effective communication with persons with disabilities;

Performing a self-evaluation of Management’s programs and policies to ensure that they do not discriminate based on disability; and

Developing a transition plan to ensure that structural changes are properly implemented to meet program accessibility requirements.

Section 504 also establishes accessibility requirements for newly constructed or rehabilitated housing, including providing a minimum percentage of accessible units.

Making reasonable accommodation for service animals as stated in Section 504.

Fair Housing Act: Fair Housing Act Amendments of 1988 (“Fair Housing Act”) prohibits discrimination in housing on the basis of race, color, religion, sex, disability, familial status and national origin regardless of any federal financial assistance. Fair Housing Act obligations include the following:

Management will not refuse, either directly or indirectly, to rent or negotiate for rental of a dwelling based on race, color, religion, sex, disability, familial status and national origin.

Management will not (1) engage in activities that steer potential tenants away from or toward particular units by words or action, (2) make housing units and related services unavailable to any potential tenants, (3) purposely provide false information to applicants about the availability of units that limits the living options of prospective tenants, and (4) deny or limit services based on race, color, religion sex, disability, familial status and national origin.

Management will market available units in a non-discriminatory manner.

It is unlawful to coerce, intimidate, threaten or interfere with any person’s.


Exercise or enjoyment of any Fair Housing right.

THE VIOLENCE AGAINST WOMEN AND DEPARTMENT OF JUSTICE REAUTHORIZATION ACT OF 2005

The act protections apply to families applying for or receiving rental assistance payments under a project-based program. The law protects victims of domestic violence, dating violence or stalking, as well as their immediate family members generally, from being evicted if an incident of violence 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 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. Bishop Joseph D. Farris may bifurcate a Lease Agreement in order to evict and remove the offender while allowing the victim, who is a resident or lawful occupant, to remain in the unit providing the remaining person is 62 or older.

CITIZENSHIP REQUIREMENTS

Only United States citizens and eligible non-citizens, according to Section 214 of the Housing and Community Development Act of 1980, may benefit from federal rental assistance. These requirements apply to households applying at the property, households on the waiting list and residents.

All applicants will be required to submit evidence of citizenship or eligible immigration status at the time of application. This includes all household members regardless of age. Please note that financial assistance is contingent on submission and verification of citizenship or eligible immigration status.

All applicants will be given notice of the requirement to submit evidence of citizenship or eligible immigration status at the time of application. For citizens, the evidence consists of a signed declaration of US citizenship or US nationality. The agent will obtain verification of the declaration by requesting presentation of a US passport, birth certificate, Employment Authorization card, Temporary Resident card, or other appropriate documentation, as provided by Section 214. For noncitizens, adequate evidence consists of a signed declaration of eligible immigration status, and one of the Section 214 documents listed below (3-12 I Figure 3-4 of HH 4350.3 REV-1).

All family members, regardless of age, must declare their citizenship or immigration status via a Declaration Form. A separate form must be signed by each member of the family. For family members under the age of 18, the form must be signed by an adult member of the household. This form is a statement made by the applicant clarifying whether s/he is: 1) a citizen or national of the United States, is 2) a noncitizen with eligible immigration status as evidenced by an immigration document, or 3) is a noncitizen and is not contending eligible immigration status and is thus not eligible to receive federal assistance.


• If an applicant under the age of 62 is an eligible noncitizen as an immigrant to the US, s/he must additionally sign a Verification Consent Form and submit documentation of immigration status. Otherwise, for noncitizens who are in this country on a visa, and are not immigrants, there is an appropriate place on the form for them to sign stating that they do not claim to have eligible immigration status and are not therefore eligible for assistance.

• Noncitizen immigrants who are age 62 and older are not required to be further verified regarding their immigration status other than signing their declaration of eligible immigration status, and providing a proof of age document.

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

In order to verify citizenship or eligible immigration status applicants must provide the following documents:

A signed declaration of citizenship From U. S. Citizens, presentation of a U. S. birth certificate or U. S.

passport. From non-citizens 62 years and older, a signed declaration of eligible

immigration status and one of the Section 214 documents. From non-citizens under the age of 62, a signed consent form or one of

the DHS-approved documents.

Any non-citizen who is not claiming eligible immigration status must elect to sign a statement that they acknowledge their ineligibility for assistance.

An applicant, who cannot supply the documentation within a specified time, may be granted an extension of 30 days, after certifying the documentation is temporarily unavailable and need extra time to collect and submit the documentation. The applicant will be informed in writing of the approved or denied extension. Denied extensions will be sent with a written explanation.

The household’s assistance may be delayed if the household submitted its immigration information in a timely manner, but the Department of Homeland Security (“DHS”) verification or appeals process has not been completed.

All households must be notified in writing as soon as possible if the secondary verification process return a negative result, and applicants may appeal Managements decision directly to the DHS. The household must send a copy of the appeal directly to Management. The DHS should respond to the appeal within 30 days.

Management is required to verify with the DHS the validity of Documents provided by applicants. To do so the management will use the automated, web-based Multifamily Systematic Alien Verification for Entitlements (SAVE) system to obtain primary and/or secondary verification.

ACCEPTABLE DEPARTMENT OF HOMELAND SECURITY DOCUMENTATION


Form 1-551, Alien Registration Receipt Card (for permanent resident aliens)

Form I-94, Arrival-Departure Record annotated with one of the following:- Admitted as a Refugee Pursuant for Section 207;- Section 208 or Asylum;- Section 243(h) or Deportation stayed by Attorney General’

- Paroled Pursuant for Section 212(d) (5) of the INA

Form I-94, Arrival-Departure Record (with no annotation) accompanied by one of the following:- A final court decision granting asylum (but only if no appeal is taken);- A letter from DHS asylum officer granting asylum (if application was filed on or after October 1, 1990) or from an DHS district director granting asylum (application filed before October 1, 1990);- A court decision granting withholding or deportation; or- A letter from an asylum officer granting withholding of deportation (if application was filed on or after October 1, 1990).

Form I-688, Temporary Resident Card annotated “Section 245” or “Section 210.”

Form I-688B, Employment Authorization Card annotated “Provision of Lay 274a.12(11)” or “Provision of Law 274a.12.”

A receipt issued by the DHS indicating that an application for issuance of a replacement document in one of the above-listed categories has been made and that the applicant’s entitlement to the document has been verified.

Form I-151, Alien Registration Receipt Card.

Other acceptable evidence: If other documents are determined by the DHS to constitute acceptable evidence of eligible immigration status, they will be announced by notice published in the Federal Register.

SOCIAL SECURITY REQUIREMENTS

Social Security numbers are required for all household members no matter their age. All applicants must provide social security numbers on all individuals listed on the application and must provide acceptable documentation as evidence of the SSN prior to move in.

Management will implement the final rule which was effective on 1-31-2010, per the Code of Federal Regulations, Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs, regarding Social


Security Numbers for all Applicants and participants except for those individuals who do not contend eligible immigration status.

Applicants must disclose the complete and accurate social security numbers (SSN), and provide adequate documentation of social security numbers for all family members of the applicant’s household according to the Code of Federal Regulations, effective 01-31-2010. “Adequate documentation” necessary to verify a SSN is: (i) a valid SSN card issued by the Social Security Administration (SSA); (ii) an original document issued by a federal or state government agency, which contains the name of the individual and the SSN of the individual, along with other identifying information of the individual; or (iii) such other evidence of the SSN as HUD may prescribe in administrative instructions. For current residents, Code of Federal Regulations effective 1-31-10, requires the complete and accurate disclosure, *adequate documentation, and verification of social security numbers for all family members and existing tenants except participants who are age 62 or older as of January 31, 2010, whose initial determination of eligibility was begun before 1-31-10, must submit to management at the next interim or regularly scheduled reexamination of family composition or income, or other recertification, documentation of the SSN submitted.

Additions of new household member(s) of any age, who already have an assigned SSN, requires the resident to submit the complete and accurate SSN of the new household member(s) and *adequate documentation” of the number(s) submitted at the time of the request.

When a person under 6 years of age who has no assigned SSN is requested to be added as a new household member to a current household, the participant must supply the required complete and accurate SSN and *adequate documentation” of the assigned number within ninety (90) days of the addition.

If management determines that the resident’s failure to provided the required SSN and *adequate documentation was due to circumstances that could not have been reasonably foreseen and were outside the control of the resident, one additional extension of a 90-day period will be granted. If the resident fails to provide a SSN and *adequate documentation of the assigned before the expiration of the time provided, management will terminate assistance or tenancy, or both, of the resident and resident’s household.

If no social security number has been assigned to a particular household member, the applicant may not move into any apartment until ALL social security numbers are provided. Applicants will not lose their place on the waiting list while the applicant is obtaining all social security numbers.

If a current resident or member of the resident’s household has been assigned a new SSN, the resident must submit the complete and accurate SSN of the new


number and *adequate documentation of the number(s) submitted at the time the new SSN is issued.

If an applicant or member of the applicants household listed on the application has been assigned a new SSN, the applicant must submit the complete and accurate SSN and *adequate documentation of the number(s) submitted at the time the new SSN is issued.

Move Ins and household composition changes may not occur until a social security number and proper documentation for all individuals in the household are provided.

If all non-exempt household members have not disclosed and/or provided verification of their SSNs at the time a unit becomes available, the next eligible applicant will be offered the available unit.

The applicant must provide “adequate documentation” to management within 90 days from the date on which the applicant certified that the documentation was not available.

If management has determined that the applicant is otherwise eligible for admission into the property, and the only outstanding verification is that of the SSN, the applicant may retain his or her place on the waiting list for the 90 day period during which the applicant is trying to obtain documentation. After 90 days, if the applicant has been unable to supply the required “adequate documentation”, the applicant will be determined ineligible and removed from the waiting list.

If the applicant is at least 62 years old and unable to submit the required documentation Management may extend the time period for an additional 30 days within the first 90 day period.

STUDENT ELIGIBILITY

A student is not eligible for Section 8 assistance unless the student is determined independent from his or her parents (where the income of the parents is not relevant) and can demonstrate the absence of, or his or her independence from, parents. When a student claims his or her independence from parents, the property must verify the student’s independence from his or her parents by taking into consideration all of the following criteria to be eligible for Section 8 assistance. The student must:

1. The individual must be of legal contract age under state law.

2. Review and verify previous address information to determine evidence of a separate household for at least one year prior to application for occupancy.

3. Verify the student meet’s the U.S. Department of Education’s definition of independent student.


4. Review prior year income tax returns to verify if a parent or guardian has claimed the student as a dependent pursuant to IRS regulations;

5. Obtain a certification of the amount of financial assistance that will be provided by parents, signed by individual providing the support. A certification is required if the parent(s) is not providing support to the student.

6. Verify the amount of financial assistance the student receives under the Higher Education Act of 1965, from private sources, or from an institution of higher education. Financial assistance a student receives in excess of amounts received for tuition is included in annual income, except if the student is over the age of 23 with dependent children or if the student is living with his or her parents who are receiving section 8 assistance. (See Glossary for expanded definition of Student Financial Assistance).

7. If an eligible student is a member of an existing household receiving Section 8 assistance, the assistance for the household will not be prorated but will be terminated in accordance with the guidance provided in HUD Handbook 4350.3 REV 1 paragraph 8-6 A.

NOTE: An owner cannot evict or require an ineligible student to move from a unit as long as the student is in compliance with the terms of the lease.

The property must also consider whether the student is either a part-time or full time student, if the student is under the age of 24, whether they have a dependent child, whether they are married, the school they attend must meet the Department of Education’s definition for an institution of higher education, veteran status, whether the student is or isn’t living with his or her parents who are receiving Section 8 assistance, and is not individually eligible to receive Section 8 assistance and has parents (the parents individually or jointly) who are not income eligible to receive Section 8 assistance. (See HUD Handbook 4350.3 REV 1 paragraph 3-33 for verifying parents eligibility.)

EXEMPTION FOR STUDENT WITH DISABILITIES

Students with disabilities as defined in section 3(b)(3)(E) of the United States Housing Act of 1937, who were receiving section 8 as of November 30, 2005 are exempt from the above section 8 restrictions.

APPLICATIONS, WAITING LIST, AND CERTIFICATION PROCEDURES

TAKING APPLICATIONS:

1. If the waiting list is open, interested persons are encouraged to come into the office to review the Admission, Transfer, and Continuing Occupancy Policy and to complete an application. Managers may send out and receive applications by


mail if a request is made. The date and time of an application received by mail will be recorded when opened during normal business hours and reviewed by management. Managers can accommodate persons with disabilities who, as a result of their disabilities, cannot utilize the owner’s preferred application process by providing alternative methods of taking applications, such as by mail.

2. All blanks on the application must be completed by the applicant.

3. It is the responsibility of the applicant to provide complete and accurate information, as requested, so it can be verified (including names, current addresses, telephone numbers, account numbers, periods of occupancy, ) and to provide it on a timely basis. Applicants must keep scheduled appointments and provide any required authorizations for release and any verification material, which is not required to be obtained, or is unavailable from third-party sources. Incomplete information can result in cancellation or delays in the application processing and approval.

4. When the application is received, it is assigned a tracking number (application number), the receipt date and time are noted on the application, and the application is logged into the Application Master Control, and the first entry is made on the Record of Contact form.

REVIEWING THE APPLICATION TO DETERMINE TENTATIVE ELIGIBILITY AND UNIT SIZE NEEDED

1. The application is checked to assure that it has been fully completed. If it is incomplete, the applicant is asked to provide the missing information. Failure to complete the application in a timely manner will result in the cancellation of the application.

2. The manager reviews the information provided by the applicant to see if the applicant appears to be eligible based on the household's size, eligibility and other characteristics.

3. If the applicant appears to be otherwise eligible, the manager proceeds to a preliminary computation using the unverified information provided by the applicant to determine whether:

A. the applicant's gross income is within the applicable income limit, AND

B. the applicant appears to need at least $1.00 of assistance (subsidy).

NOTE: Over income admissions are termed "ineligible" by HUD and are only permitted, in writing, by HUD.


4. If the information provided on the application shows the applicant to be ineligible, the manager sends a rejection letter, attaches a copy to the rejected application and enters the date and time the action of the rejection was accomplished in the Application Master Control.

5. If the applicant still appears to be eligible, the manager will schedule an application interview if a unit of the appropriate size is available or will soon be available, and if the applicant's position would cause this application to be one of the next to be considered. Otherwise, the manager waits to schedule the interview until the number of applicants ahead of this applicant has been reduced, and this applicant can be expected to be considered soon for a unit.

6. When the applicant is assigned to the waiting list the applicant is given or mailed a letter to applicants which:

A. estimates the length of the wait;

B. advises of the necessity for promptly notifying us of changes, which will affect the application, and for contacting us every six months to keep the application active;

C. gives the applicant his/her application number to use on future contacts with the office; and

D. explains that eligibility determination will be made only after verification of the application information and when a dwelling unit of the appropriate size will soon be available. It further states "BEING PLACED ON THE WAITING LIST DOES NOT ASSURE THAT YOU WILL BE APPROVED FOR ADMISSION."

7. If an applicant is requesting a disabled accessible unit and does not qualify, (If the applicant or co-head is not 62 or older and does not qualify for the accessible unit, the application must be rejected unless the property has a current age waiver from HUD, which permits the admission of the applicant.) The application of an elderly applicant will remain on the waiting list for a regular unit.

8. The application is filed numerically in the Active Application file.

RECONFIRMATION OF INTEREST AND MAINTENANCE OF THE WAITING LISTS

1. Applicant reconfirmations and contacts made by management or the applicant are noted, dated and initialed on the record of contact which is maintained on the top of each active application. This form is also used to


record changes n applicant data, efforts to contact, unit offerings, as they occur.

2. If the applicant fails to reconfirm continuing interest at any six-month interval, a Cancellation Notice is sent advising the applicant of the reason for the cancellation and allowing a 14-day period in which the canceled application may be reactivated upon written request of the applicant. The cancellation is entered on the Application Master Control and on the waiting list(s). The date and time of the cancellation notice is entered as the action date; and the action entry is “canc”. A copy of the cancellation notice is attached to the top of the application and it is filed in number order in the Inactive Pending file.

3. If written reconfirmation is not made by the applicant within the prescribed period, the cancellation becomes final, and the application is moved to the Inactive Applications file. Applicants who respond after the l4-day deadline will be invited to reapply, if applications are still being accepted, but a new application number and receipt date will be assigned to the new application.

4. If the cancellation becomes final, this is entered in the Application Master Control and the unit size waiting list(s) by marking through the application number and name with a colored highlighter which includes the date and time of the action.

INTERVIEWING THE APPLICANT

1. The application interview is scheduled.

2. At the application interview, the manager gives the applicant family an overview of the resident selection and certification process, the rent, the security deposit, the lease provisions, the rules and regulations, the pet policy, and other information about the property.

3. The manager and the applicant family confirm or update the application data and begin the verification processing.

4. The manager witnesses documentation supplied by the applicant for whom HUD does not require third-party verification and copies documents for the applicant's file. The manager reviews HUD’s Document Package For Applicant’s/Tenant’s Consent To The Release of Information, completes and has the applicant and other adult members of the household sign HUD-9887 and HUD-9887-A forms and provides a copy of the signed forms to the applicant. The manager completes the request portion of all necessary verification forms with information provided by the applicant and other household members and has them sign and date them.


5. If the applicant fails to keep the appointment, the application is canceled, following cancellation procedures noted above. The applicant may reactivate in writing within the 14-day period stated in the notice and schedule a new appointment time.

6. The applicant may once elect to "pass" and retain his/her same position on the waiting list for a later unit. This decision is noted on the Record of Contact. If the applicant passes a second time, the application is canceled and the applicant so notified. If the applicant is still or subsequently interested in housing at this property, a new application will be required, and it will be entered at the bottom of the waiting as of the date the new application is received.

VERIFYING INFORMATION

Following the Application Interview, the manager verifies all the information needed to determine the applicant's eligibility, compliance with the property’s resident selection criteria, and the amount of the applicant's monthly rent and security deposit amount.

It is the policy of the property to guard the privacy of individuals conferred by the Federal Privacy Act of 1974, and to ensure the protection of such individuals’ records maintained by the property. Some of these records are obtained through the use of individual release of information forms signed by each applicant or tenant or through HUD’s Enterprise Income Verification (EIV) system.

EIV

Per HUD’s requirement, management uses HUD’s Enterprise Income Verification (EIV) system. EIV is an Internet based computer system containing employment and income information on individuals participating in HUD’s rental assistance programs. More information about the use and safety policy and safeguards in place to protect the privacy of personal information can be found in the properties Privacy Policy and Security Safeguards for EIV system Policy and is available to the public upon request.

Before an applicant is selected from the waiting list, management will run an Existing Tenant Search report using the EIV system. If information received from the EIV system is inconsistent with information the applicant has provided, management will contact the applicant and inform them they cannot receive assistance at more than one assisted community. The Site Manager should coordinate the move-out and move-in dates with the community where the applicant is currently residing.

All adults are required to sign the following forms regardless if they report income:


o Form HUD-9887, Notice and Consent for the release of Information to HUD and to a PHA.

o Form HUD-9887-A, Applicants/Tenant’s Consent to the release of information-Verification by owners of Information Supplied by Individuals Who Apply for Housing Assistance.

Refusing to sign the Authorization for Release of Information by any adult member will cause the family to be ineligible for assistance resulting in the denial of assistance.

Management uses EIV to run Income, Income Discrepancy, Deceased Tenant and New Hire reports for current tenants. If there is a conflict between the EIV report and the tenant reported income, management will contact the tenant. Where a discrepancy is found between EIV and tenant reported information, management will use written third-party verification.

In accordance with EIV security requirements, only authorized personnel shall have access to EIV information, and then only after proper training and certification of non-disclosure. HUD requires that this information is not to be shared with anyone not authorized to have it. Unless required by Federal or state law, neither the property or it’s agents shall disclose any personal information contained in it’s reports to any person or agency unless the individual about whom information is requested shall give written consent to such disclosure. In the event there is an investigation into Fraud or other criminal activity the property will cooperate with local, state, or Federal investigators. The property is permitted to advise any investigator, with proper identification, whether or nor an individual is a resident, the term or residency, and any other appropriate answers to questions related to the investigation. The property will not make any document in a personal file available to the investigation officer unless a court order for such action is provided.

DETERMINING ELIGIBILITY AND COMPUTING THE MONTHLY RENT

Following the application interview, the manager verifies all the information needed to determine the applicant’s eligibility, compliance with the property’s selection criteria and the amount of the applicant’s rent and security deposit.

1. If the verified information shows the applicant does not meet HUD's eligibility requirements and/or the project's selection criteria, the manager rejects the applicant.

2, When the manager has determined that the applicant meets the requirements for approval, based on the verified information, the manager computes the applicant’s monthly rent.


KEEPING VERIFICATIONS CURRENT

Verifications are valid for 120 days from the date received by the property until the move-in date. The manager monitors the application files to assure that verifications are updated or that new ones are obtained as needed to keep the application file current if the move-in will not occur within 120 days.

NOTIFYING THE APPLICANT OF REJECTION

1. If the applicant does not meet HUD requirements or the property's selection criteria, the manager must send a rejection letter to the applicant. This letter must meet HUD's requirements for rejections (see HUD Handbook 4350.3 REV-1*) including giving the reason(s) for the rejection and advising the applicant of the opportunity to meet with management (someone other than the person who made the rejection decision) if the applicant disagrees with the determination,

Applicants may be rejected for the specific reasons listed as follows; Is ineligible for occupancy in a particular unit or property; Is unable to disclose and document SSNs of all household

members, Does not sign and submit verification consent forms or the

Authorization for release of information (forms HUD-9887 and HUD-9887-A);

Has household characteristics that are not appropriate for the specific type of unit available at the time, or has a family of a size not appropriate for the unit size that is available;

Includes family members who did not declare citizenship or non-citizenship status, or sign a statement electing not to contend non-citizenship status. However, a family is permitted to revise their application to exclude proposed family members who do not declare citizenship or eligible non-citizenship status; or

Does not meet the owner’s tenant screening criteria.

2. If the application is rejected, this date and action must be entered on the appropriate office controls and Master Control and the application is filed with all its attachments in the Inactive Pending file.

2. If no written appeal of the rejection is made within the specified period or if the rejection is upheld following appeal, the application is moved to the Inactive Applications file and retained for at least four (4) years from the date of the last action or correspondence in connection with the application.

NOTIFYING THE APPLICANT OF APPROVAL AND UNIT ASSIGNMENT

1. When an appropriate unit is available or will soon be available for the applicant, the manager notifies the applicant of the approval by letter or by telephone giving the size of the unit; the amount of the monthly rent and


the security deposit the applicant will be required to pay. If the terms are acceptable, the move-in appointment is scheduled.

2. If more than one unit of the appropriate size and/or type is or will be available for occupancy when the applicant wants to move in, the applicant will be assigned to the unit which was ready for occupancy first, provided it is of the size and/or type requested and needed by the applicant. This will normally be the unit, which was vacated first. HUD permits a choice of available units only if two units become available for occupancy the exact same day. If an appropriate unit is available, but the applicant wants to wait for a later unit, this will be possible only if the applicant has not already used his/her one "pass."

CERTIFYING THE APPROVED APPLICANT

1. If the approved applicant accepts the unit, the HUD-50059 (including the certification flap), the Lease Agreement, and other documents are signed, the monies are collected in separate cashier's checks or money orders and receipted, the move-in processing is completed, and the approved applicant moves in.

2. The move-in is entered on the Application Master Control and on the waiting list(s) with the move-in date and time in the Action Date column and the Action listed as "M.I." with the unit number.

3. The resident file is arranged as required and is placed in unit order with the active resident files. Entries are made on other controls and reports as directed by the Housing Manager's Procedures Manual.

4. If the applicant does not accept the unit, the terms, , the manager cancels the application and starts it through the inactive files, making appropriate notations and entries for a cancellation.

GENERAL APPLICATION INFORMATION

1. The Unit Turnover Control, Application Master Control, Application Processing Control, and waiting lists are maintained in a top-opening (no binding on the sides); legal size Acco-type binder with dividers to separate the various controls and lists.

2. Entries for actions (rejections, cancellations, and move-ins) and the action dates, as well as other information requested on the forms, are made as they occur.

3. Cancelled and rejected applicants' entry lines are lined through until the 14-day appeal period has passed. If the application is not reactivated during the pending period or following appeal made during the specified


period, the cancellation or rejection action becomes final. When the action is final, a colored highlighter is used to mark through the application number and the applicant's name in the controls and waiting list(s). (The highlighter marker allows easy reading of the entered information, but it shows at a glance that the applicant is no longer active.)

4. Move-ins, with move in date, is lined out in highlighter as soon as they occur.

5. The Unit Turnover Control records the activity on the vacancy from the time notice to vacate is given (or eviction filed) through the move-in. The Application Processing Control tracks the application processing. Appropriate entries should be maintained on both of these controls.

6. The applications are filed by application number in one of three files until the applicant has been approved and a specific unit is assigned for move-in:

A. Active ApplicationsB. Inactive PendingC. Inactive Applications

When the approved applicant is assigned to a specific unit, a separate file folder is set up for the application file.

7. Inactive applications with attachments must be retained for at least four years from the date their inactive status became final. After four (4) years, Brentwood Square will dispose of applicant records in a manner that will prevent any unauthorized access to personal information by shredding the records or files. All completed pages from the controls and waiting lists must also be retained for at least four years from the date of their last entry.

CLOSING THE WAITING LIST

1. If a waiting list is so long that the average wait for a unit will be a year or longer, the manager may wish to request permission to close the waiting list. The waiting list is to remain open until approval to close the waiting list has been obtained in writing from Triangle.

2. If written approval is given to close the waiting list, a notice must be posted in the site office and an advertisement must be placed in the appropriate section of the leading newspaper in the area for at least one day to advise that the waiting list is closed and no longer accepting applications and no new applications may be taken in categories which have been closed until such time as the waiting list is reopened.


REOPENING A WAITING LIST

1. Approval in writing must be obtained from Triangle confirming the date on which the waiting list is to reopen, and

2. Community contact letters must be sent to alert referral agencies and organizations that applications will again be accepted as of the specified date, and a notice must be posted in the site office; and

3. An advertisement must be placed in the appropriate "Apartment" section of a leading newspaper in the area for at least one day to advise interested persons that applications are again being accepted.

ADDITIONAL CONTINUING OCCUPANCY REQUIREMENTS

In addition to continuing occupancy requirements stated above, such requirements include but are not limited to the following:

1. Residents must comply with recertification and other HUD program requirements and with the terms of the lease, rules and regulations, pet policy, and other agreements they have signed. (Changes may be made to the rules and regulations or to the pet policy with 30-day advance notice to tenants. HUD requirements must be followed in order to modify lease terms.)

2. All payments due to the property are to be made in full and in a timely manner. The property is under no obligation to accept any less. Any requested deviation from this policy will be considered on a case-by-case basis (taking into account the resident's circumstances and prior payment history, ) and can be approved only if authorized by the Property Manager.

3. If a partial payment is accepted by the property, it will be applied to the amount owed by the resident in the order specified in the collection policy, as posted in the property's office.

4. The interior and exterior of the dwelling unit must be inspected initially and periodically thereafter to assure that the condition of the dwelling unit meets the property’s standards, HUD's Housing Quality Standards (HQS), and local codes. The unit must be kept clean and in good order (maintenance and housekeeping) and free of pest infestation and other health and safety hazards.


202/8EH-IL - tri-assoc.comtri-assoc.com/.../uploads/2013/04/ADMITPOL-6-2010-Bis… · Web...

Documents

Transcript of 202/8EH-IL - tri-assoc.comtri-assoc.com/.../uploads/2013/04/ADMITPOL-6-2010-Bis… · Web...