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Res 00-04HTHE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND RESOLUTION RESOLUTION ADOPTING A NEW ADMISSIONS AND CONTINUED OCCUPANCY POLICY EFFECTIVE FEBRUARY 1, 2000. WHEREAS, the Mound Housing and Redevelopment Authority has now in effect a Public Housing Admissions and Continued Occupancy Policy; and WHEREAS, said policy is out of date and needs to incorporate the new rules and regulations that have been passed. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Mound Housing and Redevelopment Authority that the new Public Housing and Admissions and Continued Occupancy Policy as attached, will be come effective February 1, 2000. Pat Meisel, Chairpers n Date Karol Charon, Executive Director Date J I1 I I I ,J, I, JJ ,B MOUND HOUSING AND REDEVELOPMENT AUTHORITY ADMISSIONS AND CONTINUED OCCUPANCY POLICY Note: This plan (ACOP) also serves as our "Tenant Selection and Assignment Plan (TSAP)" because it meets the requirements for a TSAP and provides the details as to how this Agency processes the selection and assignment of applicants for Public Housing. The ACOP also includes the regulatory "One-Strike" provisions for admission to Public Housing and applicable sections of Title V of }ER. 4194, the Quality Housing and Work Responsibility Act. INDEX SECTION I. 1. 2. 3. 4. 5. INTRODUCTION: ............................................ _1 Mission Statement: .................................................. ..I. Purpose of Policy: ................................................... Prima~ Responsibilities of the HA: ...................................... _I Obj ectives: Outreach .......................................................... SECTION II. FAIR HOUSING POLICY ...................................... 3 SECTION III. PRIVACY RIGHTS ........................................... 3 SECTION IV. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. DEFINITION OF TERMS ...................................... 3 ADJUSTED FAMILY INCOME ....................................... 3 ADULT ........................................................... .4. BREAK-INS ....................................................... 4 CEILING/FLAT RENT ............................................ ~. _5 CHILD ............................................................ _~ CHILD CARE EXPENSES ........................................... ..5. CHILD CUSTODY .................................................. 5 CITIZEN .......................................................... _5 COMMUNITY SERVICE ........................................................................ DEPENDENT ...................................................... .q DISABLED PERSON ................................................ ~ ELDERLY FAMILY ................................................................................ 5 ELDERLY PERSON ................................................ 6 EVIDENCE OF CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS . . . 6 20. HANDICAPPED ASSISTANCE EXPENSE .............................. 7 :ll. ItANDIC~PED PERSON AND/OR DISABLED PERSON ................. ,.7. 22. HAZARDOUS DUTY PAY ........................................... 8 23. HEAD OF HOUSEHOLD ............................................. 24. INCOME EXCLUSIONS ............................................. .8_ 25. INFANT .......................................................... 26. INTERIM REDETERMINATION OF RENT ........................... 1I 27. INS .............................................................. 11 28. LEASE ............................................................................................. 11 ACO? -i- I I1 I I I~ ,I SECTION XXIV. COMPLIANCE WITH EQUAL OPPORTUNITY REQUIREMENTS FOR POSTING REQUIRED INFORMATION ' 4.__~.~. SECTION XXV. PET RULE 4~ SECTION XXVI. DECONCENTRATION RULE ................................. 43 1. .Objective: ......................................................... 43 2. Actions: ...................... ; .................................... ~ SECTION XXVII. COMMUNITY SERVICE RULE ................................................... 44 SECTION XXVIII. CLOSING OF FILES AND/PURGING INACTIVE FILES .................. 44 SECTION XXIX. SECTION XXIIX. PROGRAM MANAGEMENT PLAN - Organization Plan ............ 44 ADDITIONAL HA POLICIES & CHARGES ...................... 44 ^cot -iv- SECTION I. INTRODUCTION: Mission Statement: - Our goal is to provide drug free, decent, safe, and sanitary housing for eligible families and to provide opportunities and promote self-sufficiency and economic independence for residents. In order to achieve this mission, we will: Recognize residents as our ultimate customer; Improve Public Housing Authority (HA) management and service delivery efforts through effective and efficient management of HA sIaf~ Seek problem-solving partnerships with residems, community, and government leadership; Apply HA resources, to the effective and efficient management and operation of public housing programs, taking into account changes in Federal funding. Purpose of Policy: - The purpose of this policy (Admissions and Continued Occupancy Policy) is to establish guidelines for the Public Housing Authority (HA) staff to follow in determining eligibility for admission to and continued occupancy of Public Housing. The baSic guidelines for this policy is governed by requirements of The Department of Housing and Urban Development (HUD), with latitude for local policies and procedures. The Policies .and Procedures governing Admissions and Continued Occupancy are outlined in this policy and these requirements are binding upon applicants, residents and this HA alike. Notwithstanding the above, changes in applicable federal law or regulations shall supersede provisions in conflict with this policy. Federal Regulations shall mean those found in 24 Code of Federal Regulations (CFR) Parts 900 Primary_ Responsibilities of the HA: A. Informing eligible families of the availability of public housing assistance; Determining and posting annually the utility allowances; Receiving applications from families and detenrtining their eligibility for assistance; Inspecting Public Housing units to determine that they meet or exceed Housing Quality Standards; Approving leases; Collecting rent on a monthly baSis from tenants; Annual re-examinations of income, family composition and redetermination of rent; ACOP ©Alabaam Policy Ta~ Forc~ ACOP April 1999 H. Authorizing and processing evictions; and, I. Ongoing maintenance and modernization of the public housing inventory. Objectives: - The objectives of this policy are to: Promote the overall goal of drug free, decent, safe and sanitary housing by: (1) Insuring a social and economic mix of residents within each public housing neighborhood in order to foster social stability and upward mobility. (2) Insuring the fiscal stability of the HA. (3) Lawfully denying admission or continued occupancy to applicants or tenants whose presence in a public housing neighborhood are likely to adversely affect the health, safety, comfort or welfare of other residents or the physical environment of the neighborhood or create a danger to HA employees. Insuring that Elderly families can live in public housing as long as they are able to liVe independently and/or have someone to help them live independently as in the case of a live-in aid. (4) Facilitate the efficient management of the HA and compliance with Federal Regulations by establishing policies for the efficient and effective management of the HA inventory and stafr. Comply in letter and spirit with Title VI of the Civil Rights Act of 1964, and all other applicable Federal laws and regulations to insure that admission to and continued occupancy in public housing are conducted without regard to race, color, religion, creed, sex, national origin, handicap, or familial status. Outreach: - As much information as possible about Public Housing may be disseminated through local media (newspaper, radio, television, etc.). For those who call the HA Office, the staffmay be available to convey essential information. The HA may hold meetings with local social community agencies. The HA may sponsor "Open House" programs within the public housing community to attract potential tenants to view a public housing unit. The HA may make known to the public, through publications in a newspaper of general circulation as well as through minority media and other suitable means, the availability and nature of housing assistance for lower-income families. The notice shall inform such families where they may apply for Public Housing. The HA shall take affirmative actions to provide opportunities to participate in the program to persons who, because of such factors as race, ethnicity, sex of household head, age, or source of income, are less likely to apply for Public Housing. When there is a Local Housing Plan pursuant to'Section 24 CFR, Part 91 (Comprehensive Housing Affordability Strategy (CHAS), the HA planned programs will be incorporated in the CHAS. SECTION II. ACOP ~Alsb~mm Policy Task Force ACOP FAIR HOUSING POLICY -2- Apfil1999 It is the policy of the HA to comply fully with all Federal, State, and local nondiscrimination laws and in accordance with the rules and regulations governing Fair Housing and Equal Opportunity in housing and employment and with the Americans with Disabilities Act. Specifically, the HA shall not on account of race, color, sex, religion, creed, national or ethnic origin, familial status, disability or handicap, deny any family or individual the opportunity to apply for or receive assistance under HUD's Public Housing Programs, within the requirements and regulations of HUD and other regulatory authorities. To further its commitment to full compliance with applicable Civil Rights laws, the HA will provide access to information to public housing residents regarding "discrimination". Also, this subject will be discussed during the briefing session and any complaints will be documented and made part of the applicant's/tenants file. SECTION III. PRIVACY RIGHTS Applicants will be required to sign the Federal Privacy Act Statement which states under what conditions HUD will release tenant information. Requests for information by other parties must be accompanied by a signed release request in order for the HA to release any information involving an applicant or participant, unless disclosure is authorized under Federal or State law or regulations. (Reference HUD Form 9886) ~'; SECTION IV. DEFINITION OF TERMS Definitions are amended from time to time and are contained in Section 24 CFR, which are incorporated by reference as fffully set out herein. Copies of this regulation are available in the HA Office. I. ADJUSTED FAMILY INCOME. - AdjustedFamilylncomeisthe income on which total tenant payment is to be based and means the To/al Annual Income Iess the following allowances: A, A deduction of $480.00 for each member of the family (other than head of household or spouse) who is (1) seventeen (17) years of age or younger or (2) who is eighteen (I 8) years of age or older and a verified full-time student and/or is disabled or handicapped according to this Section. B. A deduction of dollar amounts anticipated to be paid for the care of children (including foster children) under thirteen (I 3) years &age where care is necessary to enable a family member to be gainfully employed or to further his/her education. The dollar amount must be verified and reflect reasonable charges and cannot exceed the amount of income from employment (if employed). C. A deduction of $400.00 for Elderly Family whose head, spouse or sole member ACOP ©Alabama Policy Task Force -3- April 1999 ^coP -3- J J I ,Bi, I, il , I ,~, i I,I, is sixty-two (62) years of age or older and/or is handicapped or disabled according to this Section. A deduction for any elderly family: (1) Thathasnoltan&cappe6 AssistanceBxpense, an all0wance [or medical expenses equal to the amount by which the medical expense shall exceed three (3%) percent of Total Annual Family Income. (2) That has Handicapped Assistance Expenses greater than or equal to three (3%) percent of Total Annual Family Income, an Allowance for Handicapped Assistance computed in accordance with paragraph E of this Section, plus an allowance for medical expenses that is equal to the Family's medical expenses. (3) That has Handicapped Assistance Expenses that are less than three (3 %) percent of Total Annual Family Income, an allowance for combined Handicapped Assistance expense and medical expense that is equal to the amount by which the sum of these expenses exceeds three (3%) percent of Total. Annual Family Income. Expenses used to compute the deduction cannot be compensated for nor covered by insurance. E. A deduction for any family that is not an elderly family but has a handicapped or Disabled member other than the head of household or spouse, Handicapped Assistance Expense in excess of three (3%) percent of Total Annual Family Income, but this allowance may not exceed the employment received by family members who are eighteen (I 8) years of age or older as a result of the Assistance to the Handicapped or Disabled person. F. Child Care Expenses: Amounts anticipated to be paid bythe Family for the care of children under 13 years of age during the period for which Annual Income is computed, but only where such care is necessary to enable a Family member to actively seek employment, be gainfully employed or to further his or her education and only to the extent such amounts are not reimbursed. The amount deducted shall reflect reasonable charges for child care, and, in the case of child care necessary to permit employment, the amount deducted shall not exceed the amount of income received fi.om such employment The reasonable amount of charges is determined by the HA, by conducting surveys of local child care providers. The results are posted in the HA office(s). Note: If the Total Annual Income less the above allowances result in a rent that is less than the established minimum rent, the resident rent will be established at the HA established minimum rent 2. ADULT. - An adult is a person who has reached his/her 18th birthday or who has been relieved of the disability of non-age by the juvenile court. Only persons who are adults shall be eligible to enter into a lease agreement for occupancy. 3. BREAK-INS. - Break-ins mean bona fide attempts at burglary which are reported to ACOP ©Alabama Policy Task Force -4- ^cop -4- April 1999 the police department and are subject to verification by written police reports furnished by the Tenant(s). 4. CEILING/FLAT RENT. - The method ofestablishingthe reasonable market rental value of units, calculated in accordance with HUD regulations. 5. CHILD. - A member of the family, other than the family head or spouse, who is under 18 years of age. 6. CHILD CARE EXPENSES . - CNld Care Expenses are amounts anticipated to be paid by the family for the care of children under thirteen (I3) years of age during the period for which Annual Income is computed, but only where such care is necessary to enable a family member to actively seek employment, be gainfully employed or to further his/her education and only to the extent such amounts are not reimbursed. In the case of child care necessary to permit employment, the amount deducted must be verified and reflect reasonable charges and shall not exceed the amount of income received from such employment. The HA will not normally determine child care expenses as necessary when the household contains an additional unemployed adult who is physically capable of caring for the children. An example of an exception may be an unemployed adult that is not capable of caring for a child because of some type of disability and/or handicap. The head of household must document the disability/handicap that prevents the adult from providing child care. 7. CHILD CUSTODY. - An applicant/occupant family who does not have full custody of a child/children may only claim a child as a dependent by the following: A. The applicant/occupant must have primary custody of the child. B. The applicant/occupant must provide sufficient evidence that if the applicant were admitted to public housing the child would reside with the applicant. The same child cannot be claimed by more than one applicant (i.e., counted more than once in order to make two (2) singles eligible). 8. CITIZEN. - A citizen or national of the United States. 9. COMMUNITY SERVICE. - Conununity service is service for which the resident volunteers. I0. DEPENDENT. - A member of the family (except foster children and foster adults), other than the family head or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time student. An unborn child shall not be considered a dependent. 11. DISABLED PERSON. - (See Handicapped Person) 12. ELDERLY FAMILY. - A family whose head or spouse or whose sole mernber is at least sixty-two (62) years of age, or disabled, or handicapped and may include two or more elderly, disabled or handicapped persons living together, or one or more su ch persons living with another person who is determined to be essential to his or her care and well being. ACOP ~Alabama Policy Task Force -~- ^cop -5- April 1999 i 11 14. ELDERLY PERSON. - A person who is at least sixty-two (62) years of age. EVIDENCE OF CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS .- The documents which must be submitted to evidence citizenship or elig/ble immigration status. 15. EXTREMELY LOW-INCOME FAMILY. -Extremely Iow-income family means a family whose annual income does not exceed thirty (30%) percent of the median income the area, as determined by HUD for 16. FAMILIALSTATUS i -Asinglepregnant woman and individuals in the process of obtaining custody of any individual who has not attained the age of 18 years are proceSSed for occupancythe same an single persons. Therefore, a single pregnant woman and individuals in the process of obtaining custody of any individual who has not attained the age of 18 years are processed for occupancy the same as a single persons and only entitled to a one bedroom units. Once the child is born and/or the custody is obtained, the family will qualify for a two bedroom unit and authorized to transfer as outlined in the Transfer Section. 17. FAMILY. - The term "family" as used in this policy means: Two or more persons related by blood, marriage, or by operation of law. A family with or without children (the temporary absence ora child from the home due to placement in foster care shall not be considered in determining family composition and family size); who live regularly together as a single household in the dwelling unit. By definition, a family must contain a competent adult of at least 18 years of age to enter into a contract and capable of functioning as the head of the household. There must be some concept of family living beyond the mere sharing or intention to share housing accommodations by two or more persons to constitute them as a family within the meaning of this policy. Some recognized and acceptable basis of family relationship must exist as a condition of eligibility. A.. An elderly/disabled family, B. A.near-elderly/disabled family; C. The remaining member ora tenant family; and A single person who is not elderly or displaced person, or a person with disabilities, or the remaining member of a tenant family. Note: Housing assistance limitation for single persons. A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a tenant family may not be provided (for public housing and other project-based assistance) a housing unit with two or more bedrooms. ACOP ~Alabama Policy Task Force -6- ACOP -6- Apfil1999 i .il it I I ,Id, IJI , I ,t~ ! §. FOSTER CHILDREN. - With the prior written consent of the Landlord. a foster child may reside on the premises. The factors considered by the LandJord in determining whether or not consent is granted may include: A. Whether the addition of a new occupant may require a transfer of'the family to another unit, and whether such units are available. Th Landlord s obligation to make reasonable accommodation for handicapped persons. 19. ...FULL-TIME STUDENT. - A member of a family (other than the head of household or spouse) who is carrying a subject load wlfich is considered full-time for day students under the standards and practices of the educational institution attended. An educationaI institution includes a vocational school with dipIoma or certificate program, as well as an institution offering a college degree. Verification will be supplied by the attended educational institution. 20. HANDICAPPED ASSISTANCE EXPENSE. - Reasonable expenses that are anticipated, during the period for which Total Annual Family Income is computed, for attendant care and auxiliary apparatus for a Handicapped or Disabled family member and that are necessary to enable a family member (including the Handicapped or Disabled member) to be employed, provided that the expenses are neither paid to a member of the family nor reimbursed by an outside source. 21. HANDICAPPED PERSON AND/OR DISABLED PERSON. a physical or mental impairment which: - A person having A. Is expected to be of long-continued and indefinite duration, Substantially impedes his/her ability to live independently, and C. Is of such a nature that such disability could be improved by more suitable housing conditions. NOTE: All three conditions must be met to qualify as handicapped. A person who is under a disability as defined'in Section 223 of the Social Security Act (42 U.S.C. 423) or in Section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 USC 6001(7)). or is handicapped as defined below: Section 223 of the Social Security Act defines disability as: (I) "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 twelve (12) months; or (2) in the case of any individual who has attained the age offffiy-five (55) and is blind (within the meaning of"blindness" as defined in Section 416(I)1 of ACOP ©Alabama Policy T~sk Force ACOP -7- April 1999 this title), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time." E. Section 102(5) of the Development Disabilities Services and Facilities Construction Amendments of 1970 defines disability as: "A disability attributable to mental retardation, cerebral palsy, epilepsy or another neurological condition of an individual found by the Secretary (of Health and Human Resources) to be closeIy reIated to mental retardation or to require treatment similar to that required for mentally retarded individuals, which disability originates before such individual attains age eighteen (18), which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to such individual." F. No individual shall be considered to be a person with a disability for purposes of eligibility for Iow income housing solely on the basis of any drag or alcohol dependency. 22. HAZARDOUS DUTY PAY. - Payto afamilymember inthe Armed Forces away from home and exposed to hostile fire. 23. HEAD OF HOUSEHOI,D. - The adult member of the family who is the head of the household for purposes of determining income eligibility and rent. Also, the held of household is primarily responsible and accountable for the family, particularly in regard to lease obligations. 24. INCOME EXCLUSIONS. - Annual Income does not include such temporary, non- recurring or sporadic income as the following: A. Casual, sporadic, temporary, nonrecurring income, including gifts. B. Amounts tha are specifically received from, or are a reimbursement of, the cost of illness or medical care. C. Lump-sum additions to family assets, such as, but not necessarily limited to, inheritances, insurance payments, including payments under health and accident insurance and workmen's compensation, capital gains, and settlements for personal or property losses. D. The full amount of student financial assistance paid directly to the student or to the educational institution. E. Relocation payments made pursuant to Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4636). F. The value of the coupon allotments for the purchase of food in excess of the ACOP ©Alabama Policy T~k Force ACOP -8- April amount actually charged an eligible household pursuant to the Food Stamp Act of 1973 [7 USC 2017(b)1.. O.' Payments received by part/c/pants or volunteers/n programs pursuant to the Domestic Volunteers Service Act of 1973 [42 USC 5044(g), 5058]. H. Income of a live-in aide (as defined in this policy). I. Payments received from the Job Training Partnership Act [29 USC 1552(b)]. J. Hazardous Duty Pay for a family member in the Armed Forces away from home and exposed to hostile fire. K. Income from employment of children (including foster children) under the age of eighteen (18). L. Payment received for the care of foster children. M. Payments received under the Alaska Native Claims Settlement Act [43 U.S.C. 1626(a)], or reparation payments made by foreign governments in connection with the Holocaust. N. Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes [25 U.S.C. 459(e)]. O. Payments or allowances made under the Department of Health and Human Services Low-Income Home Energy Assistance Program [42 U.S.C. 8624(0]. P. Income derived from the disposition of funds of the Crrand River band of Ottawa Indians (Pub. Law 94-540, 90 Stat. 2503-2504). Q. The first $2,000.00 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the Court of Claims (25 U.S.C. 1407-1408), or from funds held in trust for an Indian tribe by the Secretary of Interior [25 U.S.C. 117(b), 1407]. R. Payments from Programs under Title V of The Older Americans Act of 1965 [42 U.S.C. 3056(01. Amounts received under training programs funded by HUD. T. Amounts received by a disabled person that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain 8elf-Sufficiency (PASS). U. Amounts received by a participant in other publicly assisted programs which are specifically for, or in reimbursement of, out-of-pocket expenses incurred (special equipment, clothing, transportation, clfild care, etc.) and which are made solely to allow ACOP ©Alabama Policy Task Fome ACOP -9- April 1999 participation in a specific program. V. For taxable years ~er December 3 I, I990, the eamed income tax credit refund. Effective Date: July 25, 1994. W. The earnings and benefits to any resident resulting fi-om the participation in a program providing employment training and supportive services in accordance with the Family Support Act of 1988, section 22 of the U.S. Housing Act of 1937, or any comparable Federal, State, or local law during the exclusion period. For purposes of this paragraph, the following definitions apply: Comparable Federal, State or Local Law means a program providing employment training and supportive services that: (I) Are authorized by a federal, state or local law; (2) Are funded by federal, state or local government; (3) Are operated or administered by a public agency; (4) Has as its objective to assist participants in acquiring job skills. Exclusion period means the period during which the resident participates in a program described in this section, plus 18 months fi'om the date the resident begins the first job acquired by the resident after completion of such program that is not funded by public housing assistance under the U.S. Housing Act of 1937. If the resident is terminated from employment without good cause, the exclusion period shall end. Earnings and benefits means the incremental earnings and benefits resulting from a qualifying employment training program or subsequent job. This provision does not apply to residents participating in the Family Self-Sufficiency Program who are utilizing the escrow account. Also, residents are required to pay the appropriate minimum rent. X. A resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a public housing resident for performing a service for the HA, on a part-time basis, that enhances the quality of Iife in public housing. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, and resident initiatives coordination. No Resident may receive more than one such stipend during the same period of time. Y. Compensation from State or local employment training programs and training ora family member as resident Management staff.. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for a limited period as determined in advance by the HA. Z. For all initial determinations and reexaminations of income carried out on or after April 23, 1993, reparation payments paid by a foreign government pursuant to claims flied under the laws of that govemment by persons who were persecuted during ACOP ©Alabama Policy Ta~lc Force ACOP -10- -10- April 1999 II Jl I & l the Nazi era. AA. Earning in excess of $480 for each fu11.tirne student 18 years old or older (excluding the head of household and spouse). BB. Adoption assistance payments in excess of $480 per adopted child. (2(2. Deferred periOdic payments of supPlemental security income and social security benefits that are received in a lump sum payment received on or after October 28, 1992. 28. DD. Amounts received by the family in the form of refunds or rebates under state or local law for property taxes paid on the dwelling unit. EE. Amounts paid by a Slate agency to a family with a developmentally disabled family member living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home. 25. INFANT. A child under the age of two years. 26. INTERIM REDETERMINATION OF RENT. - Changes of rent between admissions and reexaminations and the next succeeding reexamination. 27. INS. - The U. S. Immigration and Naturalization Service. LEASE. -a lease is a binding contract between the tenant and the HA. Ali leases are for a term of 12 months. 29. LIVE-INAIDE. A person who resides with an Elderly, Disabled, or Handicapped person or persons and who: A, Is determined by the HA to be essential to the care and well-being of the person(s) B. Is not obligated for support of the person(s) C. Would not be living in the unit except to provide supportive services. The income ora Live-in-aide that meets these requirements is not included as income to the tenant family. A Live4n Aide must be approved, in advance, by the HA and meet eligibility requirements for public housing occupancy. 30. LOWER INCOME FAMILY . -AfamilywhoseAnnuallncome does not exceed eighty percent (80%) of the median income for the area, as determined by HUD. 31. MEDICAL EXPENSE. - Those necessary medical expenses, including medical insurance premiums, that are anticipated during the period for which Annual Income is computed, and that are not covered by insurance. Medical expenses, in excess of three percent 0%) of Annual Income, are deductible from income by elderly families onIy. ACOP ©Alabama Policy Task Force .~ ,[. ACOP -1 1- April 1999 32. MILITARY SERVICE. - Military Service means the active military service of the United States, which includes the Army, Navy, Air Force, Marine Corps, Coast Guard, and, since July 29, 1945, the commissioned corps o£ the United States Public Health Service. 33. MINIMUM RENT. - Families assisted under the Public Housing program pay a monthly "minimum rent" of not more than $50.00 per month. The HA has the discretion to establish the "minimum rent" from $0 up to $50.00. The minimum rent established by this HA is $25. 34. MINOR. - A "minor" is a Person under eighteen years of age. An unborn child may not be counted as a minor. 35. MIXED FAMILY. - A family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status. 36. MONTHLY ADJUSTED INCOME. - One-twelt~h of Adjusted Annual Income. 37. MONTHLY INCOME. One twelfth of Annual Income. For purpose of determining priorities based on an applicant's rent as a percentage of family income, family income is the same as monthly income. 38. NATIONAL. - A person who owes permanent alIegiance to the united States, for' example, as a result of birth in a United States territory or possession. 39. NEAR ELDERLY. - Afamilywhose head or spouse or "sole member" is at least fffiy years of age, but below the age of sixty-two. 40. NET FAMILY ASSETS. - Net Family Assets means the net cash value after deducting reasonable costs that would be incurred in disposing of real property, checking and savings accounts, stocks, bonds, cash on hand, and other forms of capital investment, excluding interests in Indian trust land and excluding equity accounts in HUD home ownership programs. The value of necessary items of personal property such as furniture and automobiles shall be excluded. (In cases where a trust fund has been established and the trust is not revocable by, or under controI of, any member of the family or household, the value of the trust fund will not be considered an asset so long as the fund continues to be held in trust. Any income distributed from the trust fund shall be counted when determining Annual Income.) In determining Net Family Assets, this HA shall include the value of any business or family assets disposed of by an applicant or Tenant for less than fair market value (including a disposition in trust, but not in a foreclosure or bankruptcy sale) during the two (2) years preceding the date of application for the program or reexamination, as applicable, in excess of the consideration received therefor. In the case ora disposition as part ora separation or divorce settlement, the disposition will not be considered to be for less than fair market value if the applicant or Tenant receives important consideration not measurable in dollar terms. 41. NONCITIZEN. States. - A person who is neither a citizen nor national of the United ACOP ©Alabama Policy Task Force -12- ^COP -12- April 1999 42. OVER INCOME FAMILY. -A family whose total household income exceeds the HUD income limits. 43. PUBLIC HOUSING AGENCY (HA). - Any State, County, Municipality or other g°Vemment entity or public body (or agency or instrumentality thereof) that is authorized to engage in or assist in the development of operation ofhouslng for lower income families. 44. RECERTIFICATION. - Recertification is sometimes calledreexamination, The process of securing documentation which indicates that tenants meet the eligibility requirements for continued occupancy. 45. RE-EXAMINATION DATE. - The date on which any rent change is effective or would be effective if required as a result of the annual re-examination of eligibility and rent. The re-examination date(s) is June 1 '~ 46. REMAINING MEMBER OF THE RESIDENT FAMILY. - The person(s) of legal age remaining in the public housing unit after the person(s) who signed the lease has (have) let~ the premises, other than by eviction, who may or may not normally qualify for assistance on their own circumstances. An individual must occupy the public housing unit to which he claims head of household status for one year before becoming eligible for subsidized housing as a remaining family member. This person must complete forms necessary for housing within ten days from the departure of the leaseholder and may remain in the unit for a reasonable time pending the verification and grievance process. This person must, upon satisfactory completion of the verification process, then execute a new lease and cure any monetary obligations in order to remain in the unit. Any person who claims him or herself as a remaining member shall, in the event that the HA declares him or her ineligible for remaining member status, be entitled to the grievance process upon notice to him or her that he or she is not considered to be a remaining member of the household. This grievance process must be requested in writing within ten days from the date of the departure of the head of household by the person requesting remaining member status. In the interim time between the time of the request for the grievance process and the decision by the hearing officer, all rent which was due pursuant to the lease, shall be deposited into an escrow account with the HA under the same provisions as those relating to tenants requeSting a grievance hearing relating to rent under the ghevance process. The HA does not recognize the person as a tenant by giving him or her the opportunity for a grievance hearing. A remaining member shall not be considered to be a tenant until such time as a new lease is executed by the HA and the person granted tenant status at~er the verification status. 47. SINGLE PERSON. - Aperson who lives alone, or intends to live alone, and who does not qualify as an elderly family, or a displaced person, or as the remaining member ora Tenant family. 48. SPOUSE. - A spouse is the legal husband or wife of the head of the household. 49. STANDARD PERMANENT REPLACEMENT HOUSING. - Is housing ,4. That is decent, safe, and sanitary; ACOP ©Alabama Policy Ta~k Force ACOP -13- -13- April 199} B. That is adequate for the family size; and C. That the family is occupying pursuant to a lease or occupancy agreement. Note: Such housing does not include transient facilities, such as motels, hotels, or temporary shelters for victims of domestic violence or homeless families, and in the case of domestic violence, does not include the housing unit in which the applicant and the applicant's spouse or other member of the household who engages in such violence live. 50. SUBSTANDARD HOUSING. B. C. family; D. A unit is substandard flit: Is dilapidated; Does not have operable indoor plumbing; Does not have a usable flush toilet inside the unit for the exclusive use of a Does not have a usable bathtub or shower inside the unit for the exclusive use of a family; E. Does not.have electricity, or has inadequate or unsafe electrical service; Fo Does not have a safe or adequate source of heat; Should, but does not, have a kitchen; or Has been declared unfit for habitation by an agency or unit of government. A housing unit is dilapidated if it does not provide safe and adequate shelter, and in its present condition endangers the health, safety, or well-being of a family, or it has one or more critical defects, or a combination of intermediate defects in sufficient number or exlent to require considerable repair or rebuilding. The defects may involve original construction, or they may result from continued neglect or lack of repair or from serious damage to the structure. 51. TEMPORARILY ABSENT FAMILY MEMBERS. - Anyperson(s) on the lease that is not living in the household for a period of more that thirty (30) days is considered temporarily absent. 52. TENANT RENT. - The amount payable monthly by the Family as rent to the HA. Where all utilities (gas, water and electricity) are supplied bythe HA, Tenant Rent equals Total Tenant Payment or rnixfimum rent Where some or all utilities (gas, water mad electricity) are not supplied by the HA and the cost thereof is not included in the amount paid as rent, Tenant Rent equals Total Tenant Payment or minimum rent less the utility allowance. Telephone and ACOP ©Alabama Policy Task Force -14- ACOP - 14- ApfilI999 cable television service is not a utility. Note: The monthly rent that is payable by the tenant must be paid in full, no partial payments will be accepted. 53. TOTAL ANNUAL FAMILY INCOME. - Total Annual Family Income is the anticipated total income from all sources received by the family head and spouse (even if temporarily absent) and by each additional member of the family, including ail net income derived from assets, for the 12-month period following the effective date of initial determination or re-examination of income, exclusive of certain other types of income specified in this policy. Total Annual Family Income includes, but is not limited to, the following: ,4. The full amount, before any payroll deduction, of wages and salaries, and overtime pay, including compensation for personal services (such as conu~fissions, fees, tips and bonuses); B. Net income from the operation of a business or profession. (Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining Net Income.) An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or other assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family. C. Interest, dividends and other net income of any kind from real or personal property. (For this purpose, expenditures for amortization of capital indebtedness and an allowance for depreciation of capital assets shall not be deducted to determine the net income from real or personal property), All allowance for depreciation is permitted only as authorized in Paragraph B of this section. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has Net Family Assets in excess of $5,000.00, Annual Income shall include the greater of the actuaI income derived from all Net Family Assets or a percentage of the value of such assets based on the current passbook savings rate as determined by HUD; D. The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefit and other similar types of periodic receipts, including a lump sum payment for the delayed start of a periodic payment; (Excluding Lump Sum Supplemental Security Income (SSI) and Lump Sum Social Security Benefits (SS)) E. Payments in lieu of earn/ngs, such as unemployment and disability compensation, social security benefits,workmen's compensatmn' and severance pay, but see Paragraph 25-C in this section. ACOP ©AJabm Policy Task Farce ACOP -15- -15- April 1999 F. Welfare assistance. If the welfare assistance payment includes an amount specifically designated for shelter and utilities that are subject to adjustment bye the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of.' (1) The amount o:[' the allowance or grant exclusive of the mount specifically designated for shelter or utilities, plus (2) The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the families' welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage; G. Periodic and determinable allowances, such as alimony, child support payments, and regular contributions or gills, including amounts received from any persons not residing in the dwelling. Il: fl~e payments actually received are different than .the determined amount, rent can be adjusted in accordance with Section III D of the dwelling lease. H. All regular pay, special payments and allowances (such as longevity, overseas duty, rental allowances for dependents, etc.) received by a member of the Armed Forces (whether or not living in the dwelling) who is head of the family, spouse, or other family member whose dependents are residing in the unit (but see "hazardous duty pay") I. Payments to the head of the household for support of a minor or payments nominally to a minor for his support but controlled for his benefit by the head of the household or a resident family member other than the head, who is responsible for his support; J. Veterans Administration compensation (Service Connected Disability or Death Benefits); and Note: If it is not feasible to anticipate a level of income over a 12-month period, the income anticipated for a shorter period may be annualized, subject to a redeterminafion at the end of the shorter period. Tenants that receive lump-sum payments that are included as income and fall in the categories listed above, (Excluding Lump Sum Supplemental Security Income (SSI) and Lump ,.gum SocialSecurity Benefits (SS)), must report the income to the Housing Manager as soon as possible but no later that ten (10) calendar days after receipt of the funds and the applicable portion of the payment that is due as back rent is due fourteen (14) days after the HA notifies the family of the amount due. Unreported Income: If a tenant fails to report income the tenancy will be terminated under the terms of the HA's lease. If the act is determined by the HA to be intentional, the tenant will be obligated to pay the applicable portion of the rent for any and all unreported income. If the unreported income was an unintentional by the tenant the ACOP ©Alabama Policy T~k Force ACOP -16- -16- April 1999 tenant will be billed for the amount 'due the HA and the amount ..vill be payable within fourteen (14) days. If the payment cannot be made in one payment, the tenant may request tl'-e HA to approve a repayment schedule. Any repayment agreement mUst be /n ~iting and signed by the Tenant and a HA representative. 54. TOTAL TENANT PAYMENT (TTP)~. The TTP for families participating in the Public Housing program must be at least $50, which is the minimum rent established by the HA. A.. For the Public Housing Program, the TTP must be the greater of: (1) 30 percent of family monthly adjusted income; ... ........(2) ~:.:~. 10 percent of family monthly income; ........... (3) $50, which is the nfinimum rent set by the HA, or B. The ceilin~flat rent. The resident may elect the ceilin~flat rent in lieu of the rent calculated in paragraph "A," above. It is possible for Public Houslng tenants to qualify for a utility r¢in~bursement despite the requirement ora minhnum rent. For example, ifa Public Housing family's TTP is the minimum rent of $25 and the HA's utility alloxvance ~br the size and type unit the family has selected is $60, the family would receive a utility reimbursement of $35 ($60 less $25') for tenant purchased utilities. 55. UTILITIES. ' Utilities ~nay include water, electricity, gas, garbage, and sewage services. 56.: UTILITY ALLOWANCE. - If the cost of utilities (except telephone) and other housing services for an assisted unit is not included in the Tenant rent, but is the responsibility of the family oc~up3fng the unit,, then the utility allowance is an amount equal to the estimate made or approved by the HA, cr I-IUD of the monthly cost of a reasonable consumption of such utilities and other s,rv/ces for the milt by an. energy-conservative household of modest circumstances consistent with the requirements of a sM'e, sani ~tary and healthful living environment. Ifthe faxnily pays directly for one or more utilities or services, the amount of the allowance is deducted fi'om the gross rent in determining the contract rent and is included in the gross family contribution. 57. UTILITY REIMBURSEMENT PAYMENT. - Utility Reimbursement Payment is the amount, if any, by which ihe Utility Allowance for the unit, '_ff applicable, exceeds the Total Tenant Payment for the ~amily occupying the unit. 58. VERY LOW-INCOME FAMILY. : A Very Low Income Family means a family whose annual income, dr, es not exceed f'n~ty (50%) percent of the median income for the area, as determined by HUD, With adju~ments for smaller and larger families. 59. WAGE EARNER. - A person in a gainflal activity who receives anywages. Said wages or pay covers all t3,pes of employee compensation including salaries, vacation ACOP ©Alabama Policy T~k Force -17- ACOP -~ 7- April 1999 allowances, tips, bonuses; commissions and unemployment compensation. The terms "Wage Earner" and "Worker" are used interchangeably. 60. WELFAR2 ASSISTANCE.. - Welfare or other payments to faro/lies or individuals, based on'ced, that are made under programs funded, separately or jointly, 137 Federal, State or local governments. SECTION V. APPLYING FOR ADMISSION 1. How to Apply: - Families wislfing to apply for Public Housing shall complete an application for public housing assistance. You may call or write the Mound H.R.A, Indian Knoll Manor, 2020 Commerce B°Ulverd, Mound, Minnesota 55364 or phone 612-472-5078 for an appointment or to have an application mailed to you. Applications are taken to compile a waiting list. Due to the demand for housing in the HA's jurisdiction, the HA may take applications on an "open enrollment" basis, depending on the length of the waiting list. Completed applications will be accepted for all applicants and the information will be verified by the HA. Applications may be made in person at the HA during specified dates and business hours posted at the HA's Office. The application must be dated, time-stamped, and referred to the HA's office where tenant selection and assignment is processed. Individuals who have a physical impairment which would prevent them from completing an application in person may call the HA to make special arrangements to complete their application. If'the applicant is hearing or visually impaired, all notices must be in a format understandable by applicant. 2. Closing of Application Taking: If the HA is taking applications, the HA may suspend the taking of applications if the waiting list is such that additional applicants would not be able to occupy a public housing unit within the next 12 month period. Application taking may be suspended by bedroom size, if applicable. The HA will make known to the public through publication in a newspaper of general circulation, minority media, 'and other suitable means the fact that applications for public housing units are being suspended. To reach persons who cannot read the newspapers, the HA will distribute fact sheets to the broadcasting media, personal contacts with the news media and with community service personnel, as well as public service announcements, will be made. 3. OpeningofApplication Taking:. Whenthe HAde¢ides to start taking applications, the waiting list may be opened by bedroom size. ACOP ©Alabama Policy Task Force ACOP Apdl1999 The HA will utilize the fOllowing procedures: The HA will' make known to the public through publication in a newspaper of general circulation, minority media, and other suitable means the availability and nature of housing assistance for eligible families. The Notice must contain the following: A. The HA will publish the date applications will be accepted and the location where applications can be completed. If the HA anticipateSSuspending the taking of apPliCations after a period of time, the date of af?ptan?e ~d closing of applications must be PUb!.ished. B. Advise families that applications will be taken at the designated office; C. Briefly describe the Public Housing program; and D. State that appliCants for Public Housing must specifically apply for the Public HoUsing Units and that applicants for Public Housing may also apply for to the Section 8 Program, if applicable, and they will not lose their place on the Public Housing waiting list if they also apply for Section 8 assistance. For this to be applicable the HA must have a Section 8 Program and be accepting applications for Section g assistance. E. To reach persons wh° cannot read the newspapers, the HA will distribute fact sheets to the broadcasting media. Personal contacts with the news media and with community service personnel, as well as public service announcements, will be made. 4. Application Period (Dates); - The appIicationtaking closing date may be determined administratiVely at the same time that the HA determines to open enrollment. The open enrollment period Shall be long enough tO allow enough applicants as required by the projected turnover and the number of public housing vacancies. ' SECTION VI. MISSED APPOINTMENTS An applicant or tenant wh° fails to keep an appointment without noti~ng the HA and without re- scheduling the appointment shall be sent a notice of termination of the process for failure to supply such certification, release of information or documentation as the HA or HUD determines to be necessary (or failure to allow the HA to inspect the dwelling unit at reasonable times and after reasonable notice, if applicable) in the following situations: Complete Application Bringing in Verification 'Information Briefing prior to Occupancy Leasing Signature Inspections Recertification ' Interim Adjustment ACOP ©Alabama Policy Task Force ACOP -19- -19- Apfil1999 Other Appointments ol Requirements to Bring in Documentation as Listed in this Plan Scheduled Counse!/ng Sessions Move-In appointrnent~ process When Appointment(s) Are Missed: - For most of the functions above, the family may be given two appointments. If the family does not appear or call to reschedule the appointment(s) required, the HA may begin termination procedures. The applicant or tenant will be given an opportunity for an informal meeting or hearing, as appropriate pursuant to the grievance process. If the representative of the HA and/or Hearing Officer makes a determination in favor of the applicant/tenant, the HAwill comply with decision unless the provisions of Section VI of the Grievance Procedure is applicable to the hearing officers decision. Letters Mailed to Applicants by the HA_: - If an applicant claims they did not receive a letter mailed by the HA, that requested the applicant to provide information or to attend an interview, the HA will determine whether the letter was returned to the HA. If the letter was not returned to the HA, the applicant will be assumed to have received the letter. If the letter was returned to the HA and the applicant can provide evidence that they were living at the address to which the letter was sent, the applicant will be reinstated with the date and time of the application in effect at the time the letter was sent. Applicants must notify the HA, in writing, if their address changes during the application process. SECTION VII. MISREPRESENTATION BY THE APPLICANT OR TENANT If an applicant or tenant is found to have made willful misrepresentations at any time which resulted in the applicant or tenant being classified as eligible, when, in fact, they were ineligible, applicant will be declared ineligible and the lease and/or application will be terminated because of the misrepresentation by the applicant/tenant If such misrepresentation resulted in tenant paying a lower rent than was appropriate, tenant shall be required to pay the difference between the actual payments and the amount wlfich should have been paid. In justifiable instances, the HA may take such other actions as it deems appropriate, including referring the tenant to the proper authorities for possible criminal prosecution. SECTION VIII. ADMISSION ELIGIBILITY AND CRITERIA: 1. All families who are admitted to the Public Housing Program in the HA must be individually determined eligible under the terms of this plan. In order to be determined eligible, an applicant family must meet all of the following requirements: A. The applicant family must qualify as a family as defined in the Definitions Section. ACOP ©Al~'m Policy T~k Force ACO~ -20- April B. The applicant family's Total Annual Family Income as defined in the Defm/tions Sect/on, must not exceed income limits established by HUD for Public Housing. C. Head of Household must be 18 years of age or older or a person that has been relieved oft.he disability of non-age by court action (sometimes referred to as Majority papers). 2. Sources of information for eligibility determination may include, but are not limited to, the applicant (by means of interviews or home visits), landlords, employers, family social workers, parole officersi' court records, drug treatment centers, clinics, physicians or police departments where warranted by the particular circumstances. Information relative to the acceptance or rejection of an applicant shall be documented and placed in the applicant's file. Such documentation may include reports of interviews, letters, or telephone conversations with reliable sources. As a minimum, such reports shall indicate the date, the source of the information, including the name and title of the individual contacted, and a resume of the information received. Applicants are not automatically determined eligible to receive federal assistance. An applicant will not be placed on a waiting list if the applicant's annual family income exceeds the Low and Very Low or Extremely Low Income Limits established by HUD and published in the Federal Register, the applicant will be declared ineligible. 3. If the applicant has failed to meet any outstanding requirements for eligibility and is determined ineligible, he/she will be so informed and the reasons stated in writing. The applicant will be granted ten days from the date stated on the ineligible letter to request an informal meeting. The applicant may bring any person he/she wishes to represent them at the informal meeting. The request for an informal meeting may be submitted in writing and/or the request may be verbal. However, the request must be received by the HA within the time frame established by the HA for the meeting. ' 4. In addition, the HA is Permitted to determine as eligible, single persons living alone or intending to live alone who do not meet any of the definitions ora family, if the HA makes certain that all three of the following requirements are met: fi. Elderly families (including Disabled Persons and Handicapped Persons) and Displaced Persons are given preference over single persons, and B. Near Elderly (at least fifty years of age, but below the age of 62) are given preference over single applicants in developments designated for the elderly, and C. single persons are only eligible for one bedroom and/or efficiency units. 5. Declaration of Citizenship: The HA may not provide assistance to nor make financial assistance available to a person other than United States citizens, nationals, or certain categories ofehg~ble nonc~txzen m HUD assisted housing programs. ACOP ©Al~anm Policy T~sk Force ACOP -21- -21- Apfil1999 6. Once an applicant becomes a tenant in the HA's public housing pro~rarn, the head o£ household must request permission to add another person to the dwelling lease. The person being added mu~t meet all eligibility requirements before the HA will approve any addition to the dwelling lease. SECTION IX. DOCUMENTATION VERIFICATION AND Families are required to provide Social Security Numbers (SSN) for all family members age 6 and older prior to admission, ffthey have been issued SSN by the Social Security Administration. All members of the family defined above must either: 1. Submit SSN documentation; or 2. Sign a certification ffthey have not been assigned a SSN. If the individual is under 18, the certification must be executed by his or her parent or guardian. If the participant who has signed a certification form obtains a SSN, it must be disclosed at the next regularly scheduled reexamination, or next rent change. Verification will be done through the providing of a valid Social Security card issued by the Social Security Administration. The HA will accept copies of the Social Security card only when it is necessary for the HA to verify by mail the continuing eligibility of participant families. [fan applicant or tenant cannot provide his or her Social Security card, other documents listed below showing his or her Social Security Number may be used for verification. He or she may be required by the HA to provide one or more of the following alternative documents to verify his or her SSN, until a valid Social Securi _ty card can be provided; These documents include: Drivers license, that displays the SSN. Identification card issued by a Federal, State or local agency Identification card issued by an employer or trade union Identification card issued by a medical insurance company Earnings statements or payroll stubs Bank statements IRS Form 1099 or w-2 Form Benefit award letters from government agencies Medicaid Cards Unemployment benefit letter Retirement benefit letter Life insurance policies Court records such as real estate, tax notices, marriage and divorce, judgment or bankruptcy records Verification of Social Security benefits with the 8ocial Security Administration ACOP ©Alabama Policy T~k Force -22- ACOP -22- April 1999 If the HA verifies Social Security benefits with the Social Security Administration, the acceptance of the SSN bythe Social Security Administration may be considered documentation of its validity. 3. Employer Identification Number (EIN). 4. Applicants may not become residents until the documentation is provided and verified. The applicant will retain their position on the waiting list during this period. The applicant will be given a reasonable time, subject to the circumstances, to furnish the documentation before lOsing their place on the waiting list and the time may be extended, if such circumstances requires an extension. The decision will be made bya HA representative and documented, in writing, and placed in the applicant's file. Additional documentation that may be required in determining eligibility: Temporary Assistance To Needy Families (TANF) Birth Certificate, or Drivers License that displays the date of Birth and/or form (s) that are issued by a Federal, State, City or County Agency that displays the date of Birth. $ Child Care Verification Credit References (History) Credit Bureau Reports Employer's Verification Landlord Verification Social Security Benefits Assets Verification Bank Accounts: .Checking Accounts - $500 + Balance Saving Accounts - $100 + Balance Criminal History: A criminal history check will be conducted for all families. cam~ot Personal References: Personal references (not family) may be used when an applicant produce prior rental history records. Supplemental Social Security Income (SSI) Benefits 8. Unemployment Compensation 9. VA Benefits 10. Any other reasonable information needed to determine eligibility may be requested by the HA, which may include police reports. 11. Separation means the ending of co-habitation by mutual agreement. - If an applicant is divorced* or separated and has children by that spouse, applicant must provide at least one oJ~the verifications listed below: A. A FINAL divorce decree. *(Applies to individuals who are divorced and are not separated and is the only documentation accepted for individuals that are divorced) ACOP ©Alabama Policy Task Force ACOP -23- -23- April 1999 B. Receiving court-ordered child support from former spouse. C. Verification that applicant is pursuing child support through Department of Human Resources, Child Support Unit or Circuit Clerks Oltice. D. If applicant is receiving personal child support, then applicant can make arrangements to have the child support paid through the court mjstem, either through the circuit clerks office, Department of Human Resources, or through a court referee. E. Receiving TANF (Temporary Assistance to Needy Families) through the Department of Human Resources for former spouse's children. F. A notarized statement fi.om current landlord (not family) verifying that the current landlord knows that the applicant and spouse have not lived together for the last six (6) months or more. G. Income tax statements from both husband and wife indicating.both filed income taxes separately the last year and that they filed from different addresses. H. (1) Written statement from Lawyer that applicant has filed suit for divorce because of physical abuse, agencies, social services agencies. (2) A written statement from an abuse shelter, law enforcement agency, social service agencies that applicant needs housing due lo physical abuse. Note: Pertaining to 11 I-I(1) & (2): Applicant will also be required t° sign a statement to the effect that the separated person will not be permitted in the resident's apartment or on the resident's property because of the physical abuse situation. Also, the person involved with physical abuse will be banned from all HA property as long as the applicant lives in assisted housing witlfin the HA property. I. Food stamp verification - If no other documentation is available. 12. If applicant is divorced* or separated frorn a person and has no children by thatperson, applicant mustprovide at least one of the verifications listed below: A. A f'mal divorce decree. *(Applies to individuals who are divorced and are not separated and is the only documentation accepted for individuals that are divorced) B. A notarized statement from current landlord (not family) verifying that the current landlord knows that the applicant and spouse have not lived together for the last six (6) months or more. C. Income tax statements from both husband and wife indicating both filed income taxes separately the last year and that they filed from different addresses. ACOP ©Alabama Policy Task Force ACOP -24- -24- Apffl1999 D. (1) Written statement from Lawyer that applicant has filed suit for divorce because of physical abuse. (2) A written statement from an abuse shelter, law enforcement agencies, social services agencies that applicant needs housing clue to physical abuse. Note: Pertaining to 12 D(1) & (2): Applicant will also be required to sign a statement to the effect fl~at the separated person will not be permitted in the resident's apartment or on the resident's property because of the physical abuse situation. Also, the person involved with physical abuse will be banned from all HA property as long as the applicant lives in assisted housing within the HA property. E. Food Stamp Verification - If no other documentation is available. SECTION X. GROUNDS FOR DENIAL OF ADMISSION I. The HA is not required nor obligated to assist families who: A. Owes rent, other mounts, or'judgments to any HA or any other federally subsidized housing program, the applicant will be declared ineligible. At the HA's discretion, the applicant may be declared eligible upon payment of debt, with the date and time of application being the time of payment and meeting other criteria. Note: Applicants that owe a HA or any other federally subsidized program fund.swill not be processed for occupancy. The applicant must pay the funds owed prior to the application being processed. After the application is processed the applicant must meet all other conditions for occupaacy. Re-paying funds that are due does not necessaril~ qualify an applicant for occupancy. Such payments ~ be considered along with other factors in the application process. Any money owed to a HA which has been discharged by bankruptcy shall not be considered in making this determination. B. Have previously been evicted from public housing. C. Committed acts which would constitute fraud in connection with any federally assisted housing program. D. Did not provide information required within the time frame specified during the application process. E. Convicted of drag-related criminal activity or violent criminal activity. The PHA shall prohibit admission to any household that includes any individual who is subject to a lifetime registration requirement under a state sex offender registration program. F. Has a history ofnot meeting financial obligations, especially rent. ACOP ~Alabarna Policy Task Force ACOP -25- -25- April 1999 G. Has a record of disturbance of neighbors, destruction of property, or living or housekeeping habits which may adversely affect the health, safety or welfare of the other tenants. H. Has a history of criminal activity involving crimes of physical violence to persons or property and other criminal activity which may adversely affect the health, safety or welfare of other tenants. I. During the interview process the applicant demonstrates hostile behavior that indicates that the prospective applicant may be a threat to our public housing residents. J. The applicant family must have properly completed all application requirements, including verifications. Intentional misrepresentation of income, family composition or any other information affecting eligibility, will result in the family being declared ineligible. In the event the misrepresentation is discovered after admission, the lease will be terminated for such misrepresentation. K. The applicant and all adults must sign a release allowing the HA to request a copy ora police report from the National Crime Information Center, Police Department or other Law Enforcement Agencies. If the HA uses the information to deny or terminate assistance the HA must provide a copy of the information used in accordance with Criminal Records Management Policy. L. If the applicant is a former Public Housing or Section 8 participant who vacated the unit in violation of his lease, the applicant may be declared ineligible. M. If the HA determines that a person is illegally using a controlled substance or abuses alcohol in a way that may interfere with the health, safety, or fight to peaceful enjoyment of the premises by other residents. The HA may waive this requirement if: (1) The person demonstrates to the HA's satisfaction that the person is no longer engaging in drug-related criminal activity or abuse of alcohol; (2) has successfully completed a supervised drag or alcohol rehabilitation program; (3) has otherwise been rehabilitated successfully; or (4) is participating in a supervised drag or alcohol rehabilitation program. Note: The above list is not intended to be all inclusive. Applicants may be denied admission ii'the HA has reason to believe that the conduct of the applicant has been such as would be likely to interfere with other tenants in such a manner as to diminish their enjoyment of the premises by adversely affecting their health, safety, or welfare or to affect adversely the physical environment or the financial stability of the project if the applicant were admitted to the project. 2. If an applicant is denied admission, the HA will notify the applicant, in writing, of its determination and inform the applicant that they have an opportunity for an informal meeting on such determination. The denial letter will allow the applicant ten (10) calendar days to ACOP ©Al~b~ Policy Ta_qk Force -26- ^COP -26- April 1999 request an informal meeting (verbal and/or in writing) with the HA, A HA representative will hear the appeal and issue a decision within ten (10) calendar days of the meeting. 3. As a general rule applicants may be denied admission to Public Housing for the following time frames, which shall begin on the date of application, unless otherwise provided for herein below: A, Denied admission for one (1) year for the following: Past rental record Bad rent paying habits Bad housekeeping habits, in and outside the unit Damages Disturbances Livedns Demonstrates hostile behavior during the interview process that indicates that the applicant may be a threat to our residents. B. Denied admission for three (3) years for the following: Persons evicted from public housing, Indian Housing, Section 8, or Section 23 programs because of drug-related criminal activity are ineligible for admission to public housing for a three-year period beginning on the date of such eviction. , The HA can waive this requirement if.' the person demonstrates to the HA's satisfaction successful completion of a rehabilitation program approved by the HA, or the circumstances leading to the eviction no longer exist. C. Denied admission for five (5) years for the following: Fraud (giving false information on the application is considered fraud). An arrest or conc'iction record that indicates that the applicant may be a threat and/or negative influence on other residents. The five years shall begin on the date of the last reported act, completion of sentence and/or probation period. Drug use without evidence of rehabilitation. D. Denied admission for ten (10) years for the following: Conviction for Drag Trafficking. E. Denied admission for life to any household that includes any individual who is subject to a lifetime registration requirement under a state sex offender registration program. F. Denied admission for life to any applicant who has been convicted of manufacturing or producing methamphetamine (commonly referred to as "speed") on the premises of the public housing project. Premises is defined as the building or complex in which the dwelling unit is located, including common areas and grounds. ACOP SAlabama Policy T~sk Force ACOP -27- April 1999 Note: As noted above these time frames are only ~uidelines and the tL~ may deny admission to any individual whose behavior may adverSely affect the health, safety or welfare of other tenants or may admit perSons who exhibit evidence of rehabilitation. SECTION XI. ASSIGNMENT PLAN TENANT SELECTION AND 1. Equal Oppormni _t~. - The Fair Housing Act makes it illegal to discriminate on the basis of race, color, religion, sex, handicap, familial status and' national origin. This HA shall not deny to any family the opPortunity of applying for admission nor shall it deny to any eligible applicant the opportunity of leasing or renting a dwelling suitable to its need in any low-rent project operated by this HA. 2. Selection Process: - Tenants shall be selected from among eligible applicant families whose family composition is appropriate to available dwelling units. The HA will take into consideration the needs of individual families for Iow rent housing and the statutory purpose in developing and operating a socially and financially sound low-income housing project, which provides a decent home and a suitable living enviromnent and fosters economic m~d social diversity in the tenant body as a whole. Selection will be made in such a manner as: For every fiscal year, each HA shall reserve a percentage of its new admissions for families whose incomes do not exceed thirty percent of the area median income. The goal for public housing shall be forty percent of new admissions. In reaching the new admissions goals, the HA's are required to avoid concentrating very low income families in projects. B. To maintain a tenant body in each project composed of families with a broad range of income and rent paying ability which is generally representative of the range of incomes of Iow income families in the HA's area of operation as defined by state law. Order of Selection: - Applications will be filed in the following hierarchical order: A. Unit size\type needed by applicants B. Preferences, if applicable C. Date and time of application D. Provided, however, the provisions of the deconcentration rule, contained within this policy, shall supercedo the selection of applicants based on date and time and local preference points, ffapplicable, and allowthe HA to skip families on the waiting list to accomplish this goal. ACOP ©Alabama Policy Task Force ACOP -28- -28- April 1999 4. Verification of Preference, If Applicable_'. - At the time oI' appltcatmn, tmuat determinations of an applicant's entitlement to a Preference may be made on the basis of an applicant's certification of their qualification for that preference. Before selection is made, this qualification must be verified. Note: An applicant can reject an offer ~ times before losing their place on the waiting list. If an applicant rejects the 3~. offer, the applicant will be notified at that time that due to the fact they refused the offer of assistance, They have been removed from the waiting list. This will be explained verbally and followed-up in writing to the appllcant. The I-IA will notify (verbally and in writing) the applicant that their actions may affect their place on the waiting list and should they wish to remain on the waiting list they must complete a new application. SECTION XII. GROUNDS FOR DENIAL AND OPPORTUNITY FOR HEARING If the HA determines that an applicant does not meet the criteria for receiving housing, the HA must promptly provide the applicant with written notice of the determination. The notice must contain a brief statement of'he reasons for the determination, and state that the applicant has the right to mee~ with the HA's designee to review it. If requested within ten (10) days, the meeting must be conducted by a person or persons designated by the HA. The person designated by the HA to conduct the informal hearing shall be an impartial person appointed by the HA other than a person who made the approval of the HA's action under review or a subordinate of such person. The procedures specified in this section must be carded out in accordance with HUD's requirements. The applicant may exercise other fights ffthe applicant believes that he or she has been discriminated against on the basis of race, color, religion, sex, handicap, familial status and national origin. Note: The HA grievance procedure applies only to residents. It does NOT apply to applicants. SECTION XIII. I N C O M E DOCUMENTATION VERIFICATION AND 1. The HA use for verification purposes the following: "Verification of Employment" for wage earners; Verification of public assistance for those persons who receive public assistance; Documentation of exceptional medical and/or other expenses (elderly family status); Verifications of assets (savings, stocks, bonds, etc.); Birth Certificates; and Other means or sources of income verification. 2. Once all of the information is verified the HA shall calculate the monthly rent. Beginning 10/1/1999 the family will be notified of this amount and the amount of the flat rent. The family shall elect, in writing, their choice. As soon as a determination can be made, applicants will be informed, in writing, by an authorized HA representative that they have been declared eligible or ineligible. Applicants that ACOP ©Alabama Policy Task Force -29- ACOP -29' Apfil1999 are determined ineligible will be informed, in writing, of their fight to an informal meeting if they believe that such determination is unjust. The final estimate of Crross Family Income will be made by the HA on the basis of verified information regarding income. Once the HA has determined that an applleant is eligible, then the process &housing the family begins. There is no minimum income requirement, but the staffshould use good interviewing skills to determine whether there is income which is not being reported. Families may not be reqUired to apply for public assistance, but it may be suggested to them. If the family reports zero income, the HA will have the family sign verification forms to verify that no income is being provided. Families Will be required to report any changes in their income status within ten (10) calendar days of the occurrence of employment and/or any other type of income is received. Families with zero income may be requested to recertify more frequently. SECTION XIV. ORIENTATION OF FAMILIES 1. Briefing: Purpose of the Briefing: - The purpose of the briefing is to cover the occupancy requirements for the tenant and the landlord. The briefing is conducted as follows: ,4. Once the HA determines that an applicant is eligible and the applicant's name reaches the top of the waiting list, the HA shall offer an apartment to the applicant. The applicant shall be given an opportunity to view the apartment prior to the signing of the lease and other documents required before occupancy. Atter the offer is made and after this viewing, and when the offer is accepted, a HA representative will schedule an appointment with the prospective tenant, for orientation. An Applicant can reject an offer 2 times before losing their place on the waiting list. If an applicant rejects the 2nd offer, the applicant will be notified at that time that due to the fact that they refused the offer of assistance, they have been removed from the waiting list. This will be explained verbally and followed-up in writing to the applicant. The HA will notify (verbally and in writing) the applicant that their actions may affect their place on the waiting list and should they wish to remain on the waiting list they must complete a new application. B. The applicable deposit, unearned rent and other charges, (if'applicable), will be collected, as soon as possible after the briefing is scheduled, and before the briefing is held. C. At the briefing, the Lease and Grievance Procedure is explained in detail to the applicant and/or applicants (there can be more than one family at the briefing.) ACOP ©Al~mtm Policy Task Force ACOP -30- -30- April 1999 D. The signing of all required occupancy forms is to be privately handled at ttae enct of each briefing. (1) The required occupancy forms are explained at that time and the dwellin§ lease is signed by the prospective tenant and a HA. representative. (2) Appointment for move-in is scheduled at the end of the lease signing at project office. 2. Briefing Attendance Requirement: - All families (head of household) are required to attend the briefing when they are initially accepted for occupancy. No family can be housed if they have not attended a briefing. Failure to attend a scheduled briefing (without notice to the HA) will result in the family's application being placed in the inactive file and the family may be required to reapply for assistance. Applicants who provide prior notice of an inability to attend a briefing will be scheduled for the next briefing. Failure of a applicant to keep a scheduled check-in, without good cause, may result in the cancellation of the occupancy process and the applicant required to reapply for assistance. 3. Format of the Briefing: - The applicant is provided a copy of the Dwelling Lease and Grievance Procedure and the provisions of the Lease and Grievance Procedure are explained to the Tenant, and the lease specifies the unit to be occupied, family composition, date of admission, the rent to be charged, utility allowances, (if applicable) excess utilities, and the terms of occupancy. The applicant shall be provided with the Request for Relief of Surcharges for Excess Consumption of Utilities Policy and informed of the method for requesting relief under the policy. If for any reason the fanfily becomes over or under housed they must be informed that once a unit of the appropriate size is available they must move to the appropriate size unit as outlined in Transfers. Also, if there is a change in family composition that caused the family to be over or under housed the family will be required to move to the appropriate size unit when a unit becomes available. The moving date should be within thirty (30) days of the date of the HA's written notification to the affected family. If the HA has more vacancies than families on the waiting list for the unit size of the family that is over housed, the family may remain in the unit until the next scheduled re-exam. However, families that are under housed should be housed in the appropriate size unit as soon as a unit is made available, but not more than thirty days after notice from the HA. Dwelling Lease completion; A. The responsible member (head of household) of the family notified for admission to the housing communities shall be required to execute a Dwelling Lease prior to admission. One executed copy is to be furnished the tenant and the original executed copy is to be retained in the Tenant file established for the family by the HA. A copy of the Grievance Procedure shall be attached to the Tenant's copy of the Lease. B. When a Tenant family transfers to another dwelling, the existing Lease shall be canceled and a new Dwelling Lease executed for the present dwelling. ACOP ~Alabama Policy Task Force ACOP April 1999 C. If at any time during the life of the Dwelling Lease, any other changes in the Tenant's status results in the need to change or amend any provision of the Lease, or if the tenant status changes resulting in a replacement of page one of the Lease, tiffs page shall be complete& slgnecl, anc~ a copy givgn i0 ~.llO Tenant as the replacement for page orle. D. A duplicate form of acknowledgment and understanding which lists all items of which the tenant has been informed shall be signed by the tenant and the HA · representative. A copy of this form shall be attached to the Tenant's copy of'he lease along with copies of items as referred to and a copy maintained in the tenant's file. SECTION XV. A,NrNUAL INSPECTIONS OF PUBLIC HOUSING UNITS The HA has a system in place that documents the inspection of all public housing units. If the inspection results in a work order the repairs are made in accordance to the urgency of need as documented by the inspection sheet. The HA has a system that tracks each inspection. The inspection sheet used by the HA meets Or exceeds the requirements of the Section 8 Housing Quality Standards (HQS). SECTIONXVI. INSPECTION AND ENTRY OF UNIT PROCEDURES The tenant will be given notice as outlined in the Dwelling Lease, except for emergencies/search warrant, that the unit will be inspected. The notification will indicate the date and the approximate time of the inspection. If the inspection indicates that the tenant has poor housekeeping habits that need to be improved upon, the inspector will file a report and the Project Manager will schedule a meeting with the tenant to counsel the tenant on their poor housekeeping habits. A follow-up inspection will be conducted by the Manager within 30-days of the counseling session and if the problem continues to exist the Manager may take whatever action that is necessary to correct the situation. I/the tenant fails to improve, the provisions of the dwelling lease can be enforced and the tenant evicted. However, the Manager should take steps to help the tenant improve before starting the eviction process. If the inspection indicates that the tenant has created damage that is beyond normal wear and tear,.the damaged items will be replaced and the tenant billed for the damages, as posted. If the damage is severe, a report will be provided to the Manager and the Manager will take appropriate action with the tenant. HA staffand/or agents of the HA have authority to enter any unit if it is suspected il.at an "Emergency" situation exists. If for any reason a unit is entered by authorized HA personnel the tenant will be provided with the reason for the entry, by leaving a written notice of the time, date and reason for the entry. HA staff and/or agents of the HA, at the direction of the Police will open the door to a unit when law- enforcement officials present a lawfully executed search warrant (plus, provide a copy &the search ACOP ©Alabama Policy Task Forc, ACOP -32- Apfil1999 warrant to HA staff) for a dwelling unit managed by the HA. HA staffand/or its agents will write down the name(s) of the Police Officers and keep the copy &the search wan'ant. These documents will be filed in the residents file folder. HA staff will not enter the unit. This action will prevent the law enforcement 0fl cers bom having to breakdo the door and causing damages to the unit. SECTION XVII. TYPES OF INSPECTIONS An authorized representative of this HA, tenant and/or adult family member, shall be obligated to inspect the premises prior to commencement of occupancy. A written statement of condition of the premises and all equipment will be provided, and same shall be signed by both parties with a copy retained in tenant's file. The HA representative shall inspect the premises at the time the tenant vacates and furnish a statement of any charges to be made provided the tenant tums in the proper notice under state law and requests the proper inspection. The tenant shall be provided an opportunity to participate in a move out inspection, unless tenant vacates without notice. The tenant's security deposit can be used to offset against any tenant damages to the unit. 1. Move-in Inspections: - Performed with the resident at move-in and inspection documented by HA on inspection form and signed bythe tenant. This inspection documents the condition of the unit at move-in. Note: Any adult member of the household is allowed to sign the inspection form for the Head of Household. 2. Move-out Inspections..: - Performed with tenant, if possible, and documented by HA on inspection form and signed by the tenant, if present. This inspection determines if the tenant is responsible for any damages and owes the HA funds. Any deposit will be used to offset the funds due the HA. 3. Annual InsPections: - The HA inspects 100% of its units annually using standards that meet or-exceed Housing Quality Standard (HQS) Inspections. 4. Preventive Maintenance (PM) Inspections: - PM inspections are performed by HA staff on a regular basis and the residents are given at least two days notice prior to the inspection. 5. Project Manager Inspections: - The HA representative may perform random home visits to see if the resident is keeping the unit in a decent, safe and sanitary condition. This visit can also be used as an opportunity to get to know the tenant and see if'they have any specific needs that we can help them with and/or refer them to a service agency. The tenant will be given at least two days notice, prior to the inspection. 6. Special Inspections: - Representatives from the U. S. Department of Housing and Urban Development and/or other Government Officials visit the HAto monitor operations and as part ACOP ©.4.1~barrm Policy T~sk Force -33- ACOP -33- April 1999 of the monitoring they will inspect a sampling of the public housing inventory. ~ ne anect=u tenants will be given two days notice. 7. _Emergency Inspections: - If any employee and/or agent of the HA has reason to believe that an emergency e~s~ wlthiI1 theoublic housing unit, the unit can be entered without notice. The person(s) that enters the unit must leave a written notice to the tenant that indicates the date and time the unit was entered and the reason why it was necessary to enter the unit. SECTION XVIII. DETERMINATION OF RENT, RE- EXAMINATION OF INCOME AND FAMILY CIRCUMSTANCES 1. Determination of Rent: 1.. Determination of Rent. Rent as fixed at admission or annual re-examination will remain in effect for the period between regular rent determinations unless the following changes in family circumstances occur. Also, tenant agrees to report, in writing, and provide certification following any change in annual income within ten (10) calendar days of the occurrence. A. Loss or addition of family composition of any family member through birth, death, divorce, removal of other continuing circumstances and the mount, if any, of family member's income; B. Employment, unemployment, or changes in employment ora perrnanent nature of the family head, spouse, or other wage earner that is 18 years of age; or C. To correct errors made at admission or reexamination which shall be retroactive to the date of error. D. Temporary employment/unemployment or increases and decreases in wages "for any reason" of less than 30 days will not constitute a rent adjustment. E. The HA must lower the rent for a family whose income is reduced because of the expiration of a welfare-initiated time lhuit. This must be reported by the Tenant within ten days from the time of the change of income in accordance with the Dwelling Lease. Provided, however, that if the family's welfare benefits are reduced of a fraudulent act on the part of a family member, the HA is prohibited from reducing the family's rent contribution to reflect the lower benefits income. Arm. ua! Re-examination.:. A, Once each year for tenants selecting income based rent; once every three years for families selecting a flat rent; or as required by this HA, each family will be required to furnish information in Section III (A) of the Dwelling l_~,,ase. Verifications acceptable to the HA shall be obtained and determinations made. Inthe event of failure or refusal of Tenant to report the necessary information, the HA may terminate the Lease. This reexamination shall be. done June 1 st of each year. ACOP ©Al/mm Policy T~sk Force ACOP -34- -$4- B. Records shall be maintained to insure every Tenant being reexamined within a twelve month period for income based rent or once every three years for every Tenant selecting a flat rent, C. Upon completion °freexamination and verification, Tenant shall be notified, in writing, no later than thirty (30) days prior to the effective date of the following: (A copy of such notification is to be retained in the Tenant's file.) (1) Any change in rent and the date on which it becomes effective. (2) Any change required in the size of dwelling unit occupied. (3) Any instance of misrepresentation or noncompliance with the terms of' 'the DWelling Lease and the corrective action(s) to be taken. (4) Beginning 10/1/1999 the family will be notified ofthis amount and the amount of the flat rent. The family shall elect, in writing, their choice. D. In the event of change in tenant circumstances tenant will be sent a notice to report to the management office at a specified date and time to execute a new first page of the Lease. E. If this HA determines that the size of the premises is no longer appropriate for Tenant's needs the tenant may be required to transfer to another units as outlined in, Transfers. 3. Interim Redetermination of Rent:. Rent as set at admission or Annual Re- examination will remain in effect for the period between regular rent determinations unless changes in family circumstances occur. Tenant is required and agrees to report, in writing, the following specified changes in family income and composition within ten (10) calendar days of occurrence. Loss or addition to family composition of any kind through birth, death, marriage, divorce, removal or other continuing circumstance and the amount, if any, of such family member's income. Any such additions, other than birth, must be approved by the HA in advance, and must qualify, the same as an applicant or any prospective new tenant. B. Employment, unemployment or changes in income for employment of a permanent nature of the family head, spouse, or other wage earner eighteen (18) years of age or older. C. The starting of or slopping of, or an increase or decrease of any benefits or payments received by any member of the family or household from Old Age Pension, Aid for Dependent Children, Black Lung, Raikoad Retirement, Private Pension Fund, Disability Compensation, Veterans Administration, Child Support, Alimony, Regular Contributions or Gifts. Lump sum payments or retroactive payments of benefits from any of the above sources which constitute the sum of monthly payments for a preceding period paid in a lump sum must be reported and rent adjusted retroactively on such income to date of eligibility for any family member residing in the household for that period of time. -35- ACOP ©Atabama Policy T~sk Force -35- ACOP Apffi1999 D. Cost of living increases in Social Security or public assistance grants need not be reported until next re-examination and redetermination of rent. E. Errors of omission made at admission or re-examination shall be corrected by the HA. Retroactive payments will be made to the tenant if the error is in the tenant's favor. G. A tenant who has had an income reduction\increase atter initial occupancy or after annual re-examination must report all changes in income within ten (10) calendar days regardless of the amount or source. 4. Switching Rent Method.s.: - If a family, due to a loss of income wishes to switch from a flat rent to an income based rent they may make a written request to the HA. The HA will make a switch from flat to income based rent upon completion of income verifications. The family will not be allowed to switch back to a flat rent until the next annual recertification. 4. Notice of Temporary Rent.:. - On occasions, the HA is required to compute rent based on information that is supplied by the tenant and third party information that has not or will not be provided by the employer. When this situation occurs the HA will compute a temporary rent based on the information available. Once the information is verified the tenant will be notified in writing. If an underpayment was made based on the information provided the tenant will have fourteen (14) days from the date of the HA notification to pay the amount specified. If the tenant has made an overpayment, that amount will be credited to the tenant account. The Head of Household and Spouse (if applicable) and a HA representative signs this Notice of Temporary Rent and it is filed with the dwelling lease and a copy provided to the tenant. 5. The effective dates of Interim Redetermination of rent.:. A, Any decrease in rent resulting from any decreases in family income will be made effective the fa-st of the month following the date the decrease in family income was reported and verified in writing. B. The tenant agrees to pay any increase in rent resulting from an increase in family income the fa'st of the second month following the date in which such increase in family income occurred, and to pay any back rent due because of failure on the part of the tenant to report such increase in family income. C. Any interim change in rent will require reverification of all family income that has not been verified within ninety (90) calendar days of the previous rent determination. D. Tenant agrees to pay any increase in rent resulting from the implementation of changes in rent computation or increases due to changes in regulations, policies or procedures requiring implementation by the United States Department of Housing and Urban Development (HUD). E. Employment, unemployment or changes in employment of any nature (example, employed but not working due to illness that is not compensated by the Employer) of ACOP ©Alabama Policy Task Force -36- ACOP -36- April 1999 the family head, spouse or any other wage earner 1 g years of age or older. F. If it is found that atenant has misrepresented or £ailed to report fads up°n which rent is based so that the tenant is paying less than the tenant should be paying, the increase in rent shall be made retroactive to the date the in~rease would have taken effect. The tenant will be required to pay Ge difference between the rent paid and the amount that should have been paid. In addition, the tenant may be subject to civil and criminal penalties. Misrepresentation is a serious lease violation which may result in eviction; 6. Special Re-examinatiom~:. - Special reexaminations are pre-scheduled extensions of admission or continued occupancy determinations, and will be considered for the following reasons: A, If it is impossible to determine annual family income accurately due to instability of family income and/or family composition, a temporary determination of income and rent is to be made and a special re-examination shall be scheduled for thirty (30), sixty (60) or ninety (90) days, depending on circumstances. The tenant shall be notified, in writing, of the date of the special re-examination. B. If the family income can be anticipated at the scheduled time, the reexamination shall be completed and appropriate actions taken. Ifa reasonable anticipation of income cannot be made, another special re-examination shall be prescribed and the same procedure followed as stipulated in the preceding paragraph until a reasonable estimate can be made. C. Rents determined at special re-examinations shall be made effective as noted in this section. Minimum Rent Hardship Exemptions'._ ,~ The HA shall immediately grant an exemption from application of the minimum monthly rent to any family making a proper request in writing who is unable to pay because of financial hardship, which shall include: (1) The family has lost eligibility for, or is awaiting an eligibility determination from a federal, state, or local assistance program, including a family that includes a member who is an alien lawfully admitted for permanent residence under the immigration and nationalization act who would be entitled to public benefits but for Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. (2) The family would be evicted as a result of the implementation of the minimum rent (this exemption is only applicable for the initial implementation of a minimum rent or increase to the existing minimum rent). (3) The income of the family has decreased because circumstance, including loss of employment. (4) A death in the family has occurred which affects circumstances. of changed the family ACOP ©Alabama Policy Task Force ACOP -37- -37- Apfil1999 (5) Other circumstances which may be decided by the HA on a case by case basis. All of the above must be proven by the Resident providing verifiable information in writing to the HA prior to the rent becoming delinquent and before the lease is terminated by the Hg. B. If a resident requests a hardship exemption (prior to the rent being delinquent) under this section, and the HA reasonably determines the hardship to be of a temporary nature, exemption shall not be granted during a ninety day period beginning upon the making of the request for the exemption. A resident may not be evicted during the ninety day period for non-payment of rent. In such a case, if the resident thereafter demonstrates that the financial hardship is of a long term basis, the HA shall retroactively exempt the resident from the applicability of the minimum rent requirement for such ninety day period. This Paragraph does not prohibit the HA from taking eviction action for other violations of the lease. 8. Reduction of Welfare Benefits;.. If'the resident requests an income re-examination and the rem-reduction is predicated on a reduction in tenant income from welfare, the request will be denied, but only after obtaining written verification from the welfare agency that the families benefits have been reduced because of: A. Noncompliance with economic self-sufficiency program or; B. Work activities requirements or; C. Because of fraud. 9. Exception to rent reductions.: Families whose welfare assistance is reduced specifically because of fraud or failure to participate in an economic self-sufficiencY program or comply with a work activities requirement will not have their rent reduced. SECTION XIX. TRANSFER Objectives of the Transfer Policy.' ,~ To fully utilize available housing resources while avoiding overcrowding by insuring that each family occupies the appropriate size unit. B. To facilitate a relocation when required for modernization or other management purposes. C. To facilitate relocation of families with inadequate housing accommodations. D. To eliminate vacancy loss and other expense due to unnecessary transfers. Types of Transfers:. ACOP ~Alabnma Policy Task Force ACOP -38- -38- April 1999 A~ HA initiated: The HA may at its discretion transfer residents t~eeause o~ an uninhabitable unit, major repairs, or other actions initiated by management. For these types of transfers the HA will cover the cost of the transfer pursuant to cost allowed by HUD. B. Transfers for Reasons of Health: Tenant may be transferred when the HA determines that there is a medical need for such transfers, such as inability to negotiate stairs or steps. The tenant will be required to provide a statement from a medical doctor which indicates the condition of the tenant and the HA reserves the right to make its own evaluation of the situation and documentation. If'the HA determines that there is not a substantial and necessary medical need for such transfer, the request for transfer shall be treated as a convenience transfer. Normally such transfers will be within the tenant's original neighborhood unless the appropriate size and type of'unit does not exist on the site. The tenant must pay for all of their moving expenses and a transfer fee. C. Convenience Transfers: The Executive Director or his/her designee may at his/her discretion permit a transfer to another housing community or public housing facility, for the convenience of the tenant for good cause. However, the cost of the transfer shall be borne by the tenant. A "Transfer Charge" list is posted in the HA offices and is based on our contract price for maintenance and a administrative charge ors 50.00 for processing the transfer. The transfer charge list is updated annually by the HA. The HA will charge the actual cost of the transfer, which includes the administrative cost, the cost of preparing the unit for re.rental and, if applicable, a penalty for not turning in the keys to the old unit within 1. day of the transfer. The tenant is allowed a period of 3 ..days to move and turn in the keys to the old unit without being charged a penalty. If the move takes more than 3 days and the keys are not turned in the tenant will be charged a penalty of $_:25.0C)._ per day for each day the keys are not turned in to the HA. Prior to the transfer the Landlord will perform an inspection on the current unit to determine the amount of charges the tenant will be required to pay as a result of tenant caused damages, if'any. All transfer charges must be paid at the time the tenant signs his/her lease and receives the keys for the new unit. The Landlord will perform a final inspection, with the tenant, on the unit that the tenant transferred from, after the keys are turned in, and a final determination will be made by the HA staffas to additional charges that may be due the HA. For example, the tenant may not have cleaned the unit properly and/or damaged the unit during the moving process. If there are any charges that are due the HA, as a result of this inspection, the tenant must pay for these damages within fourteen (14) days of written notice from the HA. The tenant must sign a transfer agreement after the HA has authorized the transfer and prior to the transfer. Request for transfers for convenience must be made, in writing, to the HA at the tenant's residential office stating the reason for the requested transfer. The HA will issue a decision within thirty (30) calendar days of receipt of the request, and if approved, provide the tenant with a list of the charges that will be the tenants responsibility to pay prior to the transfer. D. Transfers for Over/Under-housed Families to the Appropriate Unit- The HA -39- ©Alabama Policy Task Force -39- April1999 may transfer residents to the appropriate sized unit and that tenants are otmgatea to accept such transfers. Transfers will be made in accordance with the following principles: (1) Determination ofthe correct Sized apartment shall be in accordance with the HA's occupancy guidelines, as outlined in Occupancy Guidelines. (2) Transfers into the appropriate sized unit will be made within the same neighborhood unless that size does not exist on the site. (3) The tenant must pay for their moving expenses. E. Priorities for transfers - All transfers must be eliher for health roa~on~, for relocation to an appropriate sized unit, approved convenience transfers, or iniliated by the HA due to modernization work and/or other good cause as determined by the HA. Priority transfers are listed below: (1) HA initiated transfers, (2) Transfers for health reasons, (3) Tenants who are under-housed by two or more bedrooms, (4) Tenants who are over-housed by two or more bedrooms, (5) Tenants who are under-housed by one bedroom, (6) Tenants who are over-housed by one bedroom; and, (7) Convenience transfers. Within each priority type, transfers will be ranked by date. In processing transfers requested by tenants for approved health reasons or to move to a larger apartment, the date shall be that on which the changed family circumstances are verified by the Manager. The HA reserves the right to immediately transfer any family who has misrepresented family circumstances or composition and ',he family charged the posted rate for convenience transfers. Failure to pay for these charges will result in termination of the dwelling lease. 3. Transfer Procedures:. - The HA shall: Prepare a prioritized transfer list, as needed, at re-examination. Notify residents by letter of their pending transfer. Participate in evaluation of request for transfer based on approved medical reasons. Issue final offer of vacant apartment as soon as vacant apartment is identified. Issue notice to transfer as soon as vacant apartment is available for occupancy. Participate in planning and implementation of special transfer systems for modernization and other similar programs. Inspect both apartments involved in the transfer, charging for any resident damages that is not considered normal wear and tear. When the tenant is transferred for modernization, the cost of the transfer shall be paid by the HA, pursuant to cost that is allowed by HUD. Only two offers of a unit will be made to each tenant being transferred within his/her own neighborhood. In the case of a family being transferred from a unit which is uninhabitable, incorrectly sized or scheduled for maj or repairs, failure to accept the unit offered will be grounds for eviction. When a tenant declines an offer ora transfer to a single level apartment and the tenant requested the transfer the HA will notify the -40- ACOP ©Alabama Policy Task Force ACOP Apfil1999 II 11 II, I I ii, J, Ii , J ,i , tenant, at that time, that the HA is not obligated to make any subsequent offers. The HA will notify the tenant that the HA has discharged its obligations to the tenant and he/she will remain in the unit at his/her own risk, and that the HA assumes no liability for the tenants condition. Right of HA in transfer policy - The provisions listed above are to be used as a guido to insure fair and impartial means of assigning units for transfers. It is not intended that this policy shall create a property right or any other type of right for a tenant to transfer or refuse transfer. SECTION XX. LEASE TERMINATION AND EVICTIONS All Lease terminations and evictions will be processed in accordance with the HA's current dwelling lease and Grievance Procedure. The HA's Dwelling Lease and the Grievance Procedure is incorporated into this document by reference and is the guideline to be used for Lease terminations and evictions. The dwelling lease may not cover every specific situation that warrants a lease termination; therefore, _for good cause, the HA may terminate a lease for reasons that are not specifically listed in the dwelling lease. SECTION XXI. COMPLAINTS AND GRIEVANCE PROCEDURES Complaints and Grievance Procedures shall be accomplished in accordance with the HA approved Grievance Procedure. The grievance procedure is incorporated into this document by reference and is the guideline to be used for grievances and appeals. SECTION XXII. SECURITY DEPOSITS A security deposit shall be made pursuant to a schedUle posted in the HA office. Security deposits may be refunded as provided in the Lease and in this procedure. SECTION XXIII. OCCUPANCY GUIDELINES The following guidelines shall determine the number of bedrooms required to accommodate each family without overcrowding or over-housing. These guidelines may be waived only when necessary to achieve or maintain full occupancy and after every effort has been made to stimulate applications from families appropriate to the existing vacancies. Families may be assigned improper sized units WITH THE WRITTEN UNDERSTANDING that they must transfer to the appropriate size unit when instructed to do so by the HA. Otherwise, the following occupancy standards shall apply: 1. Suggested Guidelines -41- ACOP ~>AI~ Policy Task Force Acol, -41 - April 1999 Number of Bedrooms ,'.,,,.,'.,,,,,:,,.,/,,.,,,,'.',',',',:.:v..:,,.,,.:., ........ ',.,.,.,:,:,.,.,,,.,../,'.',' F. fficienc¥ 1 Number of Persons Minimum Mardmum _ 1 2 1 2 2. Assignments shall be made so that, except for husband and wife and infants, bedrooms will not be occupied by persons of ditIerent sex over the age of six (6) years. 3. At the option of the HA, an infant, up to the age of two years, may share a bedroom with its parent(s), but the tenant shall not be required to do so. 4. In the case of chronic illness, or other physical infirmity, a deviation from the occupancy guidelines, as presented above, is permissible when justified with evidence and documentation from a licensed physician. 5. Every family member, over two years of age, is to be counted as a person. SECTION XXIV. COMPLIANCE WITH EQUAL OPPORTUNITY REQUIREMENTS FOR POSTING REQUIRED INFORMATION There shall be maintained in the HA's office waiting room a bulletin board, which will accommodate the following posted materials: 1. Statement of Policies and Procedures Governing Admission and Continued Occupancy Policy (ACOP) this policy also outlines the HA's tenant selection and assignment plan. 2. Open Occupancy Notice (Applications being Accepted and/or Not Accepted) 3. Directory of Housing Communities including names, address of project offices, number of units by bedroom size, number of units specifically designed for the elderly, handicapped, and office hours of all HA facilities. Income Limits for Admission. 5. Utility Allowances. 6. Current Schedule of Routine Maintenance Charges. ACOP ©Alabama Policy Task Force -42- ACO? -42- April 1999 g. 9. 10. 11. Dwelling Lease. Crrievance Procedure. Fair Housing Poster. "Equal Opportunity in Employment" Poster. Any current "Tenant Notices". Security Deposit Charges. SECTION XXV. PET RULE 1. The Pet Policy shall be accomplished in accordance with the current HUD rule. The Pet Policy is incorporated into this document by reference. 2. Exclusion from this policy for animals that assist persons with disabilities. This policy does not apply to animals that are used to assist persons with disabilities. The exclusion applies to animals that reside in projects for the elderly or persons with disabilities. The Housing Authority must grant this exclusion if the following is provided: The tenant or prospective tenant certifies in writing that the tenant or a member of his or her family is a person with a disability; The animal has been trained to assist persons with that specific disability (example, seeing eye dog); and The animal actually assists the person with a disability. Note: Nothing in this policy limits or impairs the rights of persons with disabilities. SECTION XXVI. DECONCENTRATION RULE 1. Objective:. The objective of the Deconcentration Rule for public housing units is to ensure that families are housed in a manner that will prevent a concentration of poverty families and/or a concentration of higher income families in any one development. The specific objective of the housing authority is to house no less than 40 percent of its public housing inventory with families that have income at or below 30% of the area median income by public housing development. Also the housing authority will take actions to insure that no individual development has a concentration of higher income families in one or more of the developments. To insure that the housing authority does not concentrate families with higher income levels, it is the goal of the housing authority not to house more than 60% of its units in any one development with families whose income exceeds 30% of the area median income. The housing authority will track the status of family income, by development, on a monthly basis by utilizing income reports generated by the housing authority computer system. ACOP ©Alabama Policy T~sk Farce ACOP -43- Apfil1999 i ,i~ ,t I I ~d, I, dt , It ,1, 2. Actions: To accomplishthe &concentration goals, the housing authority will take the following actions: 3. At the beginning of each housing authority fiscal year, the housing authority will establish a goal for housing 40% &its new admissions with families whose incomes are at or below the area median income. The annual goal will be calculated by taking 40% &the total number of move-ins from the previous housing authority fiscal year. To accomplish the goals of: (1) Housing not less than 40% of its public housing inventory on an annual basis with families that have incomes at or below 30% of area median income, and (2) Not housing families with incomes that exceed 30% of the area median income in developments that have 60% or more of the total household living in the development with incomes that exceed 30% of the area median income, the housing authority's Tenant Selection and Assignment Plan, which is a part of this policy, provides for skipping families on the waiting list to accomplish these goals. SECTION XXVII. COMMUNITY SERVICE POLICY The Community Service Policy shall be accomplished in accordance with current HUD rule. The Community Service Policy is incorporated into document by reference. SECTIONXXVlII. FILES the CLOSING OF FILES AND/PURGING INACTIVE This HA will purge inactive files, after they have been closed for a period of three years, with the exception of troubled cases, or cases involving a household containing a minor with a reported elevated blood-lead level. During the term of tenancy and for three years thereafter the HA will keep the resident file. In addition, the HA must keep for at least three years the following records: Records with racial, ethnic, gender and disability status data for applicants and residents. The application from each ineligible family and the notice that the applicant is ineligible. HUD required reports and other HUD required files. Lead based paint inspection reports as required. Unit inspection reports. Accounts and other records supporting the HA and financial statements. Other records which may be specified by HUD. The HA shall retain all data for current residents for audit purposes. No information shall be removed which may effect an accurate audit. SECTION XXlX. PROGRAM MANAGEMENT PLAN - Organization Plan ACOP ©Alabama Policy Task Force -44- ncoP -44- Apfil1999 Il .U i I I .BI. I. Jk . I ,I, The HA's adopted personnel policy for the organization plan of the HA is incorporated into this document by reference. SECTION XXIIX. ADDITIONAL HA POLICIES & CHARGES Additional policies and charges are ~_naehed to the end of this document and are incorporated as iff-ally set out herein. These policies and charges may be changed from time to time, or amended, and such changes or amendments shall be substituted in this document so as to keep this policy current. All items substituted within this document shall be kept by the HA in a separate file for historical and research purposes. ACOP ©Alabama Policy Task Force ACO? -45- April 1999