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2012-05-22 HRA Agenda PacketPLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. • AGENDA MOUND HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING TUESDAY, MAY 22 2012 6:55 P.M. MOUND CITY COUNCIL CHAMBERS Page • 1. Open meeting 2. Action approving agenda, with any amendments 3. Action approving minutes: May 8, 2012 regular meeting 1 4. Action approving claims 2 -6 5. Action on Resolution to Approving the Mound Housing and 7 -71 Redevelopment Authority Admission and Continued Occupancy Policy 6. Adjourn • • • MOUND HOUSING AND REDEVELOPMENT AUTHORITY • May 8, 2012 The Mound Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in regular session on Tuesday, May 8, 2012, at 6:55 p.m. in the council chambers of city hall. Members present: Chair Mark Hanus; Commissioners Kelli Gillispie, Ray Salazar, and Heidi Gesch Members absent: Commissioner David Osmek Others present: Executive Director Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith 1. Open meeting Chair Hanus called the meeting to order at 6:55 p.m. 2. Approve agenda MOTION by Hanus, seconded by Gesch to approve the agenda. All voted in favor. Motion carried. 3. Approve minutes MOTION by Salazar, seconded by Gesch to approve the minutes of the April 24, 2012. All voted in favor. Motion carried. • 4. Approve claims MOTION by Salazar, seconded by Gesch to approve claims in the amount of $12,516.16. All voted in favor. Motion carried. S. Adiourn MOTION by Salazar, seconded by Gillispie to adjourn at 6:56 p.m. All voted in favor. Motion carried. Chair Mark Hanus Attest: Bonnie Ritter, City Clerk • -1- Mound HRA Claims as of 05 -22 -12 • YEAR BATCH NAME DOLLAR AMOUNT 2012 2012 052212HRA 0522COMBOND TOTAL CLAIMS $5,072.63 $1,671.12 $6,743.75 • .7 -2- MOUND MN 05/17/129:43 AM Page 1 • Payments Current Period: May 2012 INS wall. 10111 1 affi� Batch Name 052212HRA User Dollar Amt $5,072.63 Payments Computer Dollar Amt $5,072.63 $0.00 In Balance Refer 1 CULLIGAN - METRO _ Cash Payment E 680- 49800 -440 Other Contractual Servic 7 80 LB SOLAR SALT DELIVERY $127.18 Invoice 101X24178603 4/30/2012 Transaction Date 5/15/2012 Wells Fargo HRA 10120 Total $127.18 Refer 83 FRED HOFF PAINTING _ Cash Payment E 680 - 49800 -402 Building Maintenance #305 PAINT CEILINGS $178.50 Invoice 200 5/7/2012 Cash Payment E 680 - 49800 -402 Building Maintenance #305 PAINT WALLS & DRYWALL PATCH $311.50 BATHROOM . Invoice 9114854314 4/27/2012 Transaction Date 5/15/2012 • Invoice 200 5/7/2012 Cash Payment E 680 - 49800 -402 Building Maintenance #203 PAINT CEILINGS & WALLS $390.00 Invoice 200 5/7/2012 Transaction Date 5/17/2012 Wells Fargo HRA 10120 Total $880.00 Refer 2 HD SUPPLY FACILITIES MAINTEN _ Cash Payment E 680 -49800 -220 Repair /Maint Supply GRAB BARS, GLOVES, REFLECTOR BULBS, $162.61 PLUMBING & ELECTRICAL SUPPLIES Wells Fargo HRA 10120 Total $162.61 Refer 84 LAWN RANGER, INC. _ Cash Payment E 680 -49800 -440 Other Contractual Servic MONTHLY CONTRACTED SUMMER GROUNDS MTCE IKM Wells Fargo HRA 10120 Total $396.00 Invoice 6056 511/2012 Transaction Date 5/17/2012 Refer 3 LEVEL ONE CORE LEASING SOLU _ Cash Payment E 680 - 49800 -475 Tenant Related Services CALL CENTER MAY MAINTENANCE PLAN & $43.00 ROLL OVER PHONE NUMBER IKM Invoice 0241423 5/1/2012 Transaction Date 5/15/2012 Wells Fargo HRA 10120 Total $43.00 Refer 85 MERRY MAIDS, LLGL INC.� Cash Payment E 680 - 49800 -460 Janitorial Services CLEANING OF UNITS #103, 3106, #307, #404 $993.63 Invoice 921 3/30/2012 Transaction Date 5/17/2012 Wells Fargo HRA 10120 Total $993.63 Refer 85 MOUND, CITY OF _ Cash Payment E 680 - 49800 -382 Water Utilities WATER SERVICE 4 -3 -12 TO 5 -1 -12 IKM $1,525.48 Invoice 052212 5/17/2012 Transaction Date 5/17/2012 Wells Fargo HRA 10120 Total $1,525.48 Refer 86 MULTIHOUSING CREDIT CONTRO Cash Payment E 680 -49800 -475 Tenant Related Services PROSPECTIVE IKM TENANT BACKGROUND $10.00 CHECKS APRIL 2012 $396.00 Wells Fargo HRA 10120 Total $10.00 Invoice 12040372 4/30/2012 Transaction Date 5/17/2012 Refer 87 OFFICE DEP - IKM Cash Payment E 680 - 49800 -200 Office Supplies Invoice 608015513001 5/7/2012 TAPE DISPENSER, FILE FOLDERS -3- $27.48 MOUND, MN 05/17/129:43 AM Page 2 Payments Current Period: May 2012 Cash Payment E 680 - 49800 -210 Operating Supplies \MULTIFOLD TOWELS, HAND SANITIZER $132.81 Invoice 608015513001 5/7/2012 Transaction Date 5/17/2012 Wells Fargo HRA 10120 Total $160.29 Refer 4 SHERWIN WILLIAMS COMPANY Cash Payment E 680 -49800 -220 Repair /Maint Supply NAVAJO WHITE PAINT -10 5 GAL BUCKETS $207.23 Invoice 2262 -7 4/27/2012 Cash Payment E 680 -49800 -220 Repair /Maint Supply LT FLAT EXTRA WHITE PAINT -5 5 GAL $95.60 BUCKETS Invoice 3364 -3 4/28/2012 Transaction Date 5/15/2012 Wells Fargo HRA 10120 Total $302.83 Refer 88 SIMPLEX GRINNELL Cash Payment E 680 - 49800 -440 Other Contractual Servic ALARM & DETECTION MONITORING 6 -1 -12 $402.28 THRU 5 -31 -13 IKM Invoice 75177236 4/30/2012 Transaction Date 5/17/2012 Wells Fargo HRA 10120 Total $402.28 Refer 5 TRUE VALUE MOUND (IKM) _ Cash Payment E 680 -49800 -220 Repair /Maint Supply TOWEL BAR, 1G DUPLEX PLATE, SEATS & $31.42 SPRINGS, BLU THREADLOCKER Invoice 092447 4/4/2012 Cash Payment E 680 -49800 -220 Repair /Maint Supply VINYL FLAPPER, FLUSH FLAPPER, NUTS, $16.78 BOLTS, WASHERS Invoice 092458 4/4/2012 Cash Payment E 680 - 49800 -220 Repair /Maint Supply Invoice 093071 4/26/2012 ROLLER FRAME, ROLL COVER, SPONGE $21.13 MOP Transaction Date 5/15/2012 Wells Fargo HRA 10120 Total $69.33 Fund Summary 10120 Wells Fargo HRA 680 HRA PUBLIC HOUSING $5,0 $5,072.63 Pre - Written Check $0.00 Checks to be Generated by the Computer $5,072.63 Total $5,072.63 • • • -4- • -5- MOUND MN 05/15/12 2:30 PM Page 1 • Payments Current Period: May 2012 111 III 'I-;I Is I --- --- aloolismilm 11 Batch Name 111 ali 1111111111 1110-111111 Jill lig 0522COMBOND User Dollar Amt $1,671.12 Payments Computer Dollar Amt $1,671.12 $0.00 In Balance Refer 10 COMMON BOND COMMUNITIES _ Cash Payment E 680 -49800 -101 F T Empl Regular PAYROLL REIMBURSEMENT 05 -4 -12 OFFICE $609.58 SALARY Invoice 959172 5/4/2012 Transaction Date 5/15/2012 Wells Fargo HRA 10120 Total $609.58 Refer 11 COMMON BOND COMMUNITIES _ Cash Payment E 680 -49800 -111 Other IKM Maint PAYROLL REIMBURSEMENT 05 -4 -12 $787.40 MAINTENANCE SALARY Invoice 959173 5/4/2012 Transaction Date 5/15/2012 Wells Fargo HRA 10120 Total $787.40 Refer 12 COMMON BOND COMMUNITIES Cash Payment E 680 -49800 -122 FICA PAYROLL REIMBURSEMENT 05 -4 -12 OFFICE $65.07 ER TAX Invoice 959174 5/4/2012 Transaction Date 5/15/2012 Wells Fargo HRA 10120 Total $65.07 Refer 13 COMMON BOND COMMUNITIES Cash Payment E 680- 49800 -130 Employer Paid Ins (GEN PAYROLL REIMBURSEMENT 5 -4 -12 $129.30 • MAINTENANCE ER TAX & INSURANCE Invoice 959175 5/4/2012 Transaction Date 5/15/2012 Wells Fargo HRA 10120 Total $129.30 Refer 14 COMMON BOND COMMUNITIES Cash Payment E 680 -49800 -131 Employer Paid Health PAYROLL REIMBURSEMENT 05 -4 -12 OFFICE $56.19 ERINSURANCE Invoice 959176 5/4/2012 Transaction Date 5/15/2012 Wells Fargo HRA 10120 Total $56.19 Refer 15 COMMON BOND COMMUNITIE Cash Payment E 680 -49800 -121 PERA PAYROLL REIMBURSEMENT 5-4 -12 OFFICE $11.02 ER 401 K MATCH Invoice 959178 5/4/2012 Cash Payment E 680 -49800 -131 Employer Paid Health PAYROLL REIMBURSEMENT 5 -4 -12 WELLS $1.22 FARGO HAS 1 -12 THRU 3 -12 #6723 Invoice 964756 5/9/2012 Transaction Date 5/15/2012 Wells Fargo HRA 10120 Total $12.24 Refer �16 � COMMON BOND COMMUNITIES Cash Payment E 680 - 49800 -430 Miscellaneous AMERIPRIDE MT /CT UNIFORMS 4/12 #6590 $11.34 Invoice 961771 5/7/2012 Transaction Date 5/15/2012 Wells Fargo HRA 10120 Total $11.34 • -5- MOUND, MN 05/15/12 2:30 PM Page 2 Payments Current Period: May 2012 Fund Summary 10120 Wells Fargo HRA 680 HRA PUBLIC HOUSING $1,671.12 $1,671.12 Pre - Written Check $0.00 Checks to be Generated by the Computer $1,671.12 Total $1,671.12 • • • 11.1 • MEMORANDUM Date: May 17, 2012 To: HRA Board Chair and Commissoners From: Kandis Hanson, Executive Director Catherine Pausche, Finance Director/Treasurer Subject: Request to Approve Resolution Adopting a new /revised Admissions and Continued Occupancy Policy for IKM • As Common Bond continues to integrate its standard practices at IKM, they are requesting that the Mound HRA adopt their version of the Admissions and Continued Occupancy Policy for IKM. HUD sets the standards of what needs to be addressed in this policy and I see no material changes from the policy that was adopted in January of 2000. It should be noted that HUD is going to do an on -site administrative audit at IKM on June 25, 2012, and this is one of the steps in preparing for that process. Please let Catherine know if you have any questions regarding this matter at (952)472 -0633. -7- RESOLUTION NO 12- • APPROVING THE MOUND HOUSING AND REDEVELOPMENT AUTHORITY ADMISSIONS AND CONTINUED OCCUPANCY POLICY WHEREAS, the Board of the Mound Housing and Redevelopment Authority (Mound HRA) previously adopted an Admissions and Continued Occupancy Policy (ACOP) on January 25, 2000, and WHEREAS, the Mound Housing and Redevelopment Authority is a Qualified Public Housing Authority (PHA) under the U.S. Department of Housing and Urban Development, and WHEREAS, as a HUD PHA, the Mound HRA did not specifically identify changes to the ACOP as a significant amendment or modification to the Annual Plan for the PHA thereby not requiring a full public hearing or HUD review before implementation, and WHEREAS, the Mound HRA has entered into a contract for property management services with Common Bond Communities, and, WHEREAS Common Bond Communities would like to administer a standard ACOP across all of the properties it manages, NOW THEREFORE, BE IT RESOLVED, The Board of the Mound Housing and Redevelopment Authority approves the Mound Housing and Redevelopment Authority Admissions and Continued Occupancy Policy as contained in Attachment A to replace the Admissions and Continued Occupancy Policy that was adopted in January of 2000. Adopted this 22nd day of May, 2012. Mark Hanus, Mound HRA Chair Attest: Bonnie Ritter, City Clerk 0 • MOUND HOUSING AND REDEVELOPMENT AUTHORITY ADMISSIONS AND CONTINUED OCCUPANCY POLICY • MOUND HOUSING REDEVELOPMENT AUTHORITY MOUND, MINNESOTA REVISED /ADOPTED: MAY 22, 2012 la TABLE OF CONTENTS • Section 504 Equal Access Statements Introduction 1 I. Nondiscrimination and Accessibility 1 A. Complying with Civil Rights Laws 1 B. Making Programs and Facilities Accessible 2 II. Privacy Policy 2 III. Eligibility for Admission 3 A. Affirmative Marketing 3 B. Qualifying for Admission 3 C. Eligible Family 4 D. Establishing and Maintaining the Waiting List 6 IV. Processing Applications 10 . A. Applicant Screening Criteria 10 B. Applicant Interview 13 C. Verification Requirements 14 V. General Occupancy Standards 16 VI. Preference Categories for Admission 17 VII. Rejecting Applicants 18 VIII. Leasing Policies A. General Leasing Policy 20 B. Showing Units Prior to Leasing 21 C. Additions to the Household and Visitors 21 IX. Transfer Policy 23 X. Eligibility for Continued Occupancy 23 A. Eligibility for Continued Occupancy 23 B. Reexamination 23 • -10- K] 10 C. Reexamination Procedures 24 D. Action Following Reexamination 24 XI. Interim Rent Adjustments 25 A. Adjusting Rent Between Regular Reexaminations 25 B. Effective Date of Adjustments 25 XII. Lease Termination Procedures 26 A. General Policy: Lease Termination 26 B. Notice Requirements 26 C. Recordkeeping Requirements 26 _*3:II II 1.. Exhibit A Definitions and Procedures to be used in Determining Income and Rent Exhibit B Glossary Exhibit C Live -In Aide Exhibit D Move -In Procedures Exhibit E Pet Policy Exhibit F Grievance Procedure -11- SECTION 504 EQUAL ACCESS STATEMENTS • For mobility impaired persons: This document is kept at the HRA, which is an accessible facility on an accessible route. This document may be examined Mondays and Wednesday from 12:00 p.m. to 4:00 p.m., and Tuesdays, Thursdays and Fridays from 9:00 a.m. to 1:00 p.m. You must phone in to make arrangements to examine this document. Please call (952) 472 -5078. For hearing- impaired persons: The HRA will provide assistance to hearing impaired persons in review this document. Assistance may include provision of a qualified interpreter at a time convenient to both. The HRA and the individual with handicaps. Please schedule an appointment. For vision - impaired persons: The HRA will provide a staff person to assist a vision - impaired person in reviewing this document. Assistance 49 may g include: describing the contents of the document, reading the document or sections of the document, or providing such other assistance as may be needed to permit the contents of the document to be communicated to the person with vision impairments. Assistance to ensure the equal access to this document will be available in alternate formats and provided in a confidential manner and setting. An individual with disabilities is responsible for providing his /her own transportation (by advocacy groups, social workers, family members or personal friends) to and from the location where this document is kept. The applicant 0 -12- should inform the HRA if additional assistance is needed to complete forms or understanding program requirements, procedures, house rules, etc. Advocacy groups, social workers, family members or personal friends may provide assistance. If an individual with disabilities is involved, all hearings or meetings required by this document will be conducted at an accessible location with appropriate assistance provided. • -13- INTRODUCTION • This Admission and Continued Occupancy Policy outlines the policies of the Housing and Redevelopment Authority of Mound ( "the HRA ") for the operation of the public housing facility known as Indian Knoll Manor located at 2020 Commerce Boulevard, Mound, Minnesota. If there is any conflict between this policy and any State or Federal laws, the State and Federal laws shall prevail. I. NONDISCRIMINATION AND ACCESSIBILITY A. Complying with Civil Rights Laws It is the policy of the HRA to comply with Title VI of the Civil Rights Act of 1964, the Federal Fair Housing Act, Executive Order 11063, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title II of the Americans with Disabilities Act, the Minnesota Human Rights Act, and any legislation protecting the individual rights of residents, applicants or staff which may subsequently be enacted. Under Federal law, it is illegal to discriminate against any person or group of persons because of race, color, religion, sex, handicap, familial status or national origin. The Minnesota Human Rights Act prohibits discrimination because of race, color, • creed, religion, national origin, sex, disability, and marital status, status with regard to public assistance, sexual orientation, or familial status. In addition, must comply with local fair housing and civil rights laws. The HRA shall not: • Deny to any family the opportunity to apply for housing (when the waiting list is open), nor deny to any eligible applicant the opportunity to lease housing suitable to its needs; • Provide any one housing that is different than that provided others; • Subject anyone to segregation or unequal or different treatment; • Restrict a person's access to any benefit enjoyed by others in connection with the housing program; • Treat anyone differently in determining eligibility or other requirements for admission; • Deny a person access to the same level of services; or • Deny a person the opportunity to participate in a planning or advisory group that is an integral part of the housing program. • -14- • The HRA shall not automatically deny admission to otherwise qualified applicants because of their membership in a particular group or category of otherwise eligible applicants (i.e., single head of households with children, elderly, pet owners, or families whose head or spouse is a student). Instead, each applicant who is a member of a particular group or category will be treated as an individual based on his or her attributes and behavior. B. Making Programs and Facilities Accessible The HRA will seek to identify and eliminate situations or procedures that create a barrier to equal housing opportunity for all. In accordance with Section 504, the HRA will make physical or procedural changes to permit individuals with disabilities to have full advantage of the housing program. Such accommodations may also include changes in the method of administering policies, procedures, or services. In addition, the HRA may perform structural modifications to housing and non - housing facilities where such modifications would be necessary to afford full access to the housing program for qualified individuals with handicaps. In reaching a reasonable accommodation with or performing structural modifications for otherwise qualified individuals with handicaps, the HRA is not required to: • • Make structural alterations that require the removal or altering of a load - bearing structural member; • Provide an elevator in any multi - family housing development solely for the purpose of locating accessible units above or below the grade level; • Provide support services that are not already part of its housing programs; • Take any action that would result in a fundamental alteration in the nature of the program or service; • Take any action that would result in an undue financial and administrative burden on the HRA. II. PRIVACY POLICY It is the policy of the HRA to protect the privacy of individuals covered by the Federal Privacy Act of 1974, and to ensure the protection of such individual verification of records maintained by the property. This information may be released to appropriate federal, state and local agencies, when relevant, and to civil, criminal or regulatory investigators and prosecutors. However, the information will not be otherwise disclosed or released unless the individual gives written authorization to do so. This privacy policy in no way limits the HRA ability to collect such information as it may need to determine eligibility, compute rent or determine an applicant's suitability for -15- tenancy. Consistent with the intent of Section 504 of the Rehabilitation act of 1973, any • information obtained on handicap or disability will be treated in a confidential manner. III. ELIGIBILITY FOR ADMISSION A. Affirmative Marketing The HRA will conduct marketing as needed so the waiting list includes a mix of applicants with races, ethnic backgrounds, ages and disabilities proportionate to the mix of those groups in the eligible population of the area. The marketing efforts will take into consideration the number and distribution of vacant units, units that can be expected to become vacant because of move -outs, and characteristics of families on the waiting list. The HRA will review these factors occasionally to determine the need for and scope of its marketing efforts. Marketing and informational materials will: 1. Comply with Fair Housing Act requirements on working, logo, size of type, etc; 2. Describe the housing units, application process, waiting list and preference structure accurately; is 3. Use clear and easy to understand terms and more than strictly English - language print media; 4. Contact agencies that serve potentially qualified applicants less likely to apply to ensure that accessible /adaptable units are offered to applicants who need their features; 5. Make clear who is eligible for the units; and 6. Be clear about the HRA's responsibility to provide reasonable accommodations to people with disabilities. B. Qualifying for Admission It is the HRA'a policy to admit ONLY qualified applicants. An applicant is qualified if he or she meets all of the following criteria: 1. Is a family, as defined in Section IIIC of this policy; 2. Meets HUD requirements on citizenship and immigration status; • -16- • 3. Has an Annual Income (as defined in Exhibit A hereto) at the time of admission that does not exceed the income limits (maximum incomes by family size established by HUD) posted at HRA offices; 4. Provides documentation of Social Security numbers for family members of age 6 or older, or certifies that they do not have Social Security numbers; and 5. Meets the Applicant Screening Criteria in Section IVB hereof, including completing an HRA- approved pre- occupancy orientation session if requested. C. Eligible Family Family A family consists of: • One or more persons whose income and resources are available to meet the family's needs; • A remaining member(s). A remaining family member(s) is any person(s), except a live -in aide or foster child, who remains in the unit and was considered a member of the household on the most recent lease or • recertification form. To quality as a remaining family member the person(s) must: 1. be a member of the original tenant household or have become a member of the tenant household subsequent to move -in with written approval of The HRA and remained in continuous occupancy up to and including the time the original tenant of record vacates or dies; 2. be listed on the current lease or HUD Form 50058; and 3. have his /her income (if any) included in the household's annual income for determining rent. • A displaced person. A displaced person(s) is one who has been displaced: 1. from an urban renewal area; 2. as a result of governmental actions; or 3. as a result of disaster determined by the President of the United States to be a major disaster. • -17- Elderly Family • An elderly household consists of either a single person or family where the head or spouse is at least 62 years old, handicapped or disabled. The household may be elderly, handicapped or disabled persons who are living together, or one or more such persons living with someone essential to their or well- being; i.e., "a live -in aide /attendant ". Handicapped Household A handicapped household includes: 1. A person who is handicapped by having a physical, developmental or mental impairment which: • is expected to be of a long, continued and indefinite duration; • substantially impedes his or her ability to live independently; and, • is of such a nature that such ability could be improved by more suitable housing conditions. and, 2. A person with a developmental disability as defined below. • Disability A disabled household includes a person who is under a disability as defined in Section 223 of the Social Security Act, or in Section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act [42 U.S.C. 6001(7)]. Section 2232 of the Social Security Act (42 U.S.C.423) defines disability as: • Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or In the case of an individual who has attained the age of 55 and is blind (within the meaning of "blindness as defined in Section 416(1)(1) of the Social Security Act), and is unable by reason of such blindness to engage in substantial gainful activity in which he /she has previously engaged with some regularity and over a substantial period of time. Section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act [42 U.S.C. 6001(7)], defines disability as severe, chronic disability of a person which: • • • Is attributable to a mental or physical impairment or combination of mental and physical impairment; • Is manifested before the person attains age twenty -two; • Is likely to continue indefinitely; • Results in substantial functional limitations in three or more of the following areas of major life activity: self -care receptive and expressive language learning mobility self - direction capacity for independent living economic self- sufficiency; and, • Reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated. • D. Establishing and Maintaining the Waiting List It is the policy of the HRA to administer its Waiting List as required by HUD handbooks and regulations, Accepting an applicant from a lower waiting list position before one in a higher position violates policy and may be regarded as being discriminatory. If no suitable unit is available the HRA will place the applicant on the waiting list. The waiting list shall be maintained by unit size and housing preference claim. Each applicant will be assigned his /her appropriate place on the waiting list based on the date and time the application is received for a suitable type and /or size of unit and in conjunction with factors affecting preference of priority as established herein. For applicants claiming a preference as identified in Section VI herein, the following applies: • At the time of application, an applicant must advise the HRA of their claimed preference status. • Prior to executing a lease agreement, the preference claimed by the applicant must be verified. Selection will be based on the actual preference status at the time of verification. • -19- • It is the applicant's responsibility to notify the HRA, in writing, of any change • in the preference status within 10 working days of the change. Failure to notify the HRA in writing will result in loss of preference status. • If an applicant claims entitlement to a preference and the HRA determines that the applicant does not meet the criteria; the HRA must promptly provide the applicant with a written notice of the determination and state that the applicant has the right to meet with the HRA to review it. 1. Opening and Closing Waiting Lists In order to maintain a balanced application pool, the HRA may, at its discretion, restrict application taking, suspend application taking, and close waiting lists in whole or in part. The HRA will also update the waiting list by removing the names of those who are no longer interested in or no longer quality for housing. Decisions about closing the waiting list will be based on the number of applications available for a particular size and type of unit, the number of applicants who qualify for a Federal preference, and the ability of the HRA to house an applicant in an appropriate unit within a reasonable period of time. Generally, if the length of the waiting list is such that an applicant would not likely be admitted for the next 12 months, the HRA may advise the applicant that • no additional applications are being accepted for that reason. Closing the waiting lists, restricting intake or opening the waiting lists will be publicly announced in the same of similar manner in which the HRA advertises for rental. During the period when the waiting list is closed the HRA will not maintain a list of individuals who wish to be notified when the waiting list is reopened. 2. Waiting Lists and the Local Preferences Although the HRA may not be accepting additional applications for tenancy because of the length of the waiting list, the HRA may not refuse to place an applicant on the waiting list if the applicant is otherwise eligible for assistance and claims that he /she qualifies for a local preference. unless, a. There is an adequate pool of applicants already on the waiting list who are likely to qualify for a local preference; and, -20- • b. It is unlikely that under the HRA's system for applying the local preferences the applicant could qualify for assistance before other applicants on the waiting list. The determination in (b) above is based on the system for applying the local preferences described herein, the preference claimed by the applicants already on the waiting lists, and the preference claimed by the applicant. Applicants on the waiting list who have claimed a local preference would drop to the bottom of such a selection preference list. 3. Change in Preference Status While on the Waiting List Occasionally families on the waiting list who did not quality for a local preference when they applied will experience a change in circumstances that qualifies them for the local preference. In such cases, it will be the family's responsibility to contact the HRA so that their change in status may be verified to reflect the local preference. To the extent that the verification determines that the family does now qualify for a local preference they will be moved up on the waiting list in accordance with their local preference, and their original date of application. 4. Removal of Applicants from the Waiting List The HRA will not remove an applicant's name from the waiting list unless: • the applicant requests that the name be removed; • the applicant was clearly advised of the requirement to tell the HRA of his /her continued interest in housing by a particular time and failed to do so; or • the HRA made a reasonable effort to contact the applicant to determine if there is continued interest in housing but has been unsuccessful; • the HRA has notified the applicant of its intention to remove the applicant's name because the applicant no longer qualifies. Note: Applicants who can show a good reason for failing to contact the HRA within a reasonable time beyond the time originally given will be allowed to retain their position on the waiting list; i.e., applicant in the hospital, being on vacation, etc. Applicants who fail to respond in a timely manner for reasons that are related to a disability, and not the fault of the applicant, should also be reinstated; i.e., applicant requests the housing provider contact an advocate, being contacted by telephone rather than mail, etc. • Preventing delays in re- renting units maximizes the housing assistance available and reduces occurrences of vandalism to the unit. Staff should be aware of the -21- average turnover rate at the development. Suitable vacancies shall be offered to • applicants first in sequence on the waiting list. Applicants should be notified as far in advance as possible that they could expect to receive an offer of a unit. As soon as a notice to vacate is received, staff will immediately contact the first applicant on the waiting list according to weighted preference. Should the applicant reject the offer, the applicant shall be given a second offer of a suitable vacancy as soon as one becomes available. Should the applicant reject the second offer, the applicant shall be removed from the eligible applicant waiting list unless the applicant can verify that a hardship exists or that there are mitigating circumstances. An applicant shall be offered no more than two suitable vacancies before being removed from the eligible waiting list. In addition, those applicants who have been removed from the waiting list and show clear evidence that acceptance of a unit will result in undue hardship or are unable to move at the time and present clear evidence of his /her inability to move, then the refusal of the offer shall not count as one of the allowable refusals. The reasonableness of the rejection will be determined by the HRA and will so be documented with the applicant's application for housing. For handicapped /disabled applicants, reasonable accommodation needs shall be • reviewed and made available to the fullest extent allowed. Note: Applicants who can show that the unit was rejected for reasons that were related to a disability, and not the fault of the applicant, shall remain on the waiting list and their application will retain its original date. 5. Handicapped Accessible Units Applicants requiring the features of an accessible unit; i.e., a disabled family, shall be offered an accessible unit, of appropriate bedroom size, before applicants not requiring the accessible features regardless of the disabled family's position on the waiting list. If the disabled family is the next applicant on the waiting list and the available unit, if appropriate bedroom size, is not an accessible unit, management will make the available unit accessible (for the disabled family to rent) to the greatest extent possible pursuant to Section 504 of the Rehabilitation Act of 1973, as amended. 6. Updating the Waiting List The HRA shall update the waiting list as needed to determine if applicants are still interested and eligible to remain on the waiting list. The HRA shall, at the • time of each annual update, obtain current applicant information. The updated -22- • information shall be obtained from the applicant in writing. The HRA will notify each applicant by mail requesting the above information and confirmation of its interest in remaining on the waiting list. The HRA must specify a reasonable time frame in which the applicant is to respond; i.e., 15 days. If the applicant replies affirmatively, its application will retain its position on the waiting list. If the reply is negative, the applicant's name will be removed from the waiting list. If no reply is received within the specified time frame, a final letter will be sent to the last known address stating that the applicant's name is being removed from the waiting list on a specified date; i.e., 15 days from the date of the letter. IV. PROCESSING APPLICATIONS It is the HRA's policy to accept and process applications in accordance with applicable HUD regulations. Every application must be completed in its entirety, with or without assistance, and signed and dated by the head of household and co- head(s), and all household members 18 years and older, if applicable. All members of the household shall be listed on the application form. Staff will assist any applicant who might have trouble completing the application form. This assistance might take the form of answering questions about the application, helping applicants who might have literacy, vision or language problems and, in general, • making it possible for interested parties to apply for housing Application that are incomplete and /or have not been signed and dated as required will not be processed. Whenever possible, communications with applicants will be by first class mail. Failure to respond to letters may result in withdrawal of an application from further processing. Management may take exceptions to the procedures described herein to take into account circumstances beyond the applicant's control; i.e., medical emergencies or extreme weather conditions. If failure to respond is due to management will make disability reasonable accommodation. No decisions to accept or reject applicants shall be made until all verifications promoted by the application form have been received. The HRA will obtain verifications with respect to each of the eligibility criteria identified in Section 1116 herein. The HRA will be the final judge of what constitutes adequate and credible documentation. If there is any doubt about the truthfulness or reliability of information received, alternative methods will be pursued until the HRA is satisfied that the documentation obtained is the best available. A. Applicant Screening Criteria The HRA will not employ criteria that are unrelated to an applicant's ability to meet essential lease requirements. It is unlawful to make an inquiry to determine whether • an applicant, a person intending to reside in the unit after it is rented or made -23- available, or any persons associated with that person, has a handicap, or to make • inquiry as to the nature or severity of a handicap of such a person. 1. Upon receipt of a completed application the applicant shall be screened considering factors that include, but are not limited to, the following: • Demonstrated ability to pay rent and utilities on time: • Comments from current and former landlords: Endorsement from at least two is preferred. Inquiry will be made pertaining to current /past rental history, including nonpayment of rent, failure to cooperate with applicable recertification procedures; violations of house rules; violations of lease; history of disruptive behavior; housekeeping habits; termination of assistance for fraud; and /or previous evictions. For individuals with no landlord reference, management must establish criteria as to: 1) who is acceptable to act in the place of a landlord; and, 2) the type of inquiry(s) that will be made to provide; information and /or substantiate that an acceptable current /former tenant /landlord -like relationship(s) exists(ed); • Credit references: Credit checks may be useful when no rent • payment history is available. However, lack of a credit history, as opposed to a poor credit history, is not sufficient justification to reject an applicant. Drug related or criminal history record: Inquiries may be made of each applicant 18 years of age and older to determine if there has been an arrest /convictions involving the illegal manufacture or distribution of a controlled substance and /or other arrest /convictions involving the illegal use of a controlled substance by consulting a third party. The HRA prohibits admission to: a) any household containing a member(s) who was evicted in the last three(3) years from federally assisted housing for drug - related criminal activity; b) any household in which a member(s) is currently engaged in illegal use of drugs or for which the HRA has reasonable cause to believe that a member's illegal use or pattern of illegal use of a drug may interfere with the health, safety, and right to peaceful enjoyment of the property by other residents; c) any household member who is subject to a state sex • offender lifetime registration requirement; and -24- • d) any household member if there is reasonable cause to believe that a member's behavior, from abuse or pattern of abuse of alcohol, may interfere with the health, safety, and right to peaceful enjoyment of the premises by other residents. This screening standard is based on behavior, not the condition of alcoholism or alcohol abuse. • Applicant's ability to comply with the terms of the lease. • Housekeeping habits: Housekeeping criteria are not intended to exclude households whose housekeeping is only superficially unclean or disorderly if such conditions would not appear to affect their or others health, safety and /or welfare; • Units for persons with handicaps: For applicants who require a handicapped accessible unit inquiries may be made to determine whether an applicant requires the type of handicap amenities made to the unit. That is available only to persons with handicaps or to persons with particular type of handicap. Inquiries may be made to determine whether an applicant for such a unit is eligible to receive disability preference. • Consideration of Extenuating /Mitigating Circumstances in the Screening Process: The HRA may consider extenuating /mitigating circumstances in evaluating information obtained during the screening process to assist in determining the acceptability of an applicant. 2. The following factors will not be used when screening an applicant: • Physical examinations: The HRA may not require physical examinations or medical testing as a condition of admission. The HRA may uniformly require all applicants to furnish evidence of ability to meet the obligations of tenancy but not impose greater burdens on individuals with handicaps; • Meals and Other Services: The HRA must not require tenants to participate in a meals program or establish other mandatory charges for services without the prior consent of MHFA; • Donations or contributions: The HRA must not require a donation, contribution, or membership fee as a condition of admission. The HRA may not require any payments not provided in the lease; or -25- Pets for Elderly /Handicapped Units /Developments: Applicants • shall not be rejected solely because the applicant has a pet. B. Applicant Interview At the time an appropriate unit becomes available, or sooner, the HRA will interview the applicant and obtain current information about the family's circumstances. Any question that is asked of one applicant must be asked of all applicants. A final decision on eligibility cannot be made until all verifications are complete. The HRA should refer to the HUD Handbook 4350.3 for income, asset and allowance information as well as the documents the HRA may ask the applicants to bring to the interview. During the interview the HRA must: • Confirm and update all information provided on the HRA rental application. If the applicant is determined ineligible the HRA must comply with proper procedures for rejection; • Explain program requirements, verification procedures, and penalties for false information. The penalties include eviction, loss of assistance, fines up to $10,000 and imprisonment up to five years; • Obtain family income and composition needed to certify eligibility and compute the is tenant's share of the rent. Any changes in family income and composition since the date of application should also be obtained; • Review the financial information on the rental application and specifically ask the applicant whether any member of the household receives the types of income or assets as listed on the application. If it seems likely that an applicant is receiving a form of income not reported on the application, ask the applicant about that source of income and document the applicant's response in the file. • Ask the head of household, spouse, co- head(s) and household members of age 18 years or over to sign the release of information consent portion of any verification request used for them; • Require the head of household, spouse, co- head(s) and household members age 18 years and over to give a written verification as to whether any family member did /did not dispose of any assets for less than fair market value during the two years preceding the effective date of the verification; • Advise the family that, for a sample of cases, HUD will compare the information with Federal, State or local agencies; • Tell the family that a final decision on eligibility cannot be made until all verifications are complete; and • Provide the household with Federal and State Data privacy information. • W-1 • • All non - exempt (see definitions) public housing adult resident (18 years old or older) contribute eight (8) hours per month of community service (volunteer work) or participate in eight (8) hours of training, counseling, classes or other activities that help an individual toward self- sufficiency and economic independence. This is a requirement of the Public Housing Lease. C. Verification Requirements The HRA shall obtain verifications in compliance with requirements set forth in Exhibit 3 -2 Acceptable Forms of Verification of the HUD Public Housing Occupancy Guidebook. No decision to accept or reject an application shall be made until all verifications prompted by the application form have been collected and necessary Follow -Up Interview has been performed. 1. Types of Verification Required All information relative to the following items must be verified as described in these procedures. Eligibility for admission, such as: • Income, assets and asset income; • • Family composition; and • Social Security numbers. Local preferences such as: • Residency • Elderly • Handicapped or Disabled Allowances, such as: • Age, disability, or handicap, of family member; • Full -time student status; • Childcare costs; • Handicap expenses; and /or • Medical costs. Compliance with Applicant Screening Criteria, such as: • Documented ability and willingness to abide by lease requirements, and, if applicable, housing program requirements; • Previous history of tenancy; and /or • Absence of current or history of criminal activity of any household member. • All the above information must be documented and appropriate verification forms or -27- or letters placed in the applicant or resident file. 2. Preferred Types of Verification Verifications shall be attempted in the following order: a. Third -party written. b. Third -party oral. c. Review of documents provided by the family. d. In the absence of any of the above: affidavits from the family. Each file will be documented to show that the HRA attempted to obtain third -party written documentation before relying on some less acceptable form of information. 3. Sources of Information Sources of information to be checked may include, but are not limited to: • The applicant by means of interviews; • Present and former landlords, or housing providers; • • Present and former employers; • Agencies providing credit, criminal and landlord history; • Family social workers, parole officers, court records, drug treatment centers, • clinics, physicians, clergy; and /or • Police departments 4. Forms of Verification Documentation employed as part of the verification process may include, but are not limited to: • Applicants and /or forms completed, as part of the interview process and signed by the applicant; • Verification forms completed and signed by third parties; • Reports of interviews; • Letters; and /or • Notes of telephone conversations with reliable sources Management staff will be the final judge of the credibility of any verification submitted by an applicant. If staff considers documentation to be doubtful, the Property Manager who will make a ruling about its credibility will review it. Staff will continue to pursue credible documentation until it is obtained or the applicant is rejected for failing to provide required documentation. • 5W • 5. Verification Time Frame Only verified information that is less than 90 days old may be used for certification or recertification. Verifications may be extended for 30 days with a telephone update. (A record of the update must be place dint he applicant's file.) Verified information not subject to change (such as a person's date of birth) need not be re- verified. Information obtained which is subject to change, and for which verifications are more than 120 days old, must be re- verified. If the HRA determines that an applicant is eligible and is otherwise acceptable, and a unit is available, the HRA will assign the family a unit of appropriate size in accordance with the General Occupancy Standards. V. GENERAL OCCUPANCY STANDARDS The HRA offers independent housing for the elderly, handicapped, disabled, near elderly and singles. The HRA offers 50 independent living, rental units within a four -story building with one elevator 16 studio units 1 person 34 1- bedroom units 1 -2 persons • The HRA must comply with all reasonable state and local health and safety restrictions regarding the maximum number of persons permitted to occupy a unit. In the absence of such restrictions, overcrowding is deemed to occur when the total number of persons in in the unit exceeds two persons per unit. Physically Handicapped /Disabled Applicants For units accessible to or adaptable for persons with mobility, visual or hearing impairments, households containing at least one person with such impairment will have first priority, (as applicable for a particular unit's features). Note: Current residents in good standing requiring accessible /adaptable units shall be given priority over applicants requiring the same type of unit. Where no such applicants or current residents are at hand, management reserves the right to hold such units available while outreach efforts are in process to obtain applicants with need for such units. Where non - handicapped persons are moved into units designed to meet special needs, they must agree to move to the first available appropriately sized unit with no such design features available should an applicant or current resident require an accessible unit of the type currently occupied by the non - handicapped person. -29- The tenant will be considered for a unit transfer when the following has occurred: • Family circumstances necessitate an accessible unit, i.e., medical reasons. If no appropriate unit is available the tenant will be placed on an in -house transfer waiting list in accordance with the date the family met the eligibility criteria. Convenience transfers are at the discretion of the HRA Management. Tenant requesting the unit transfer for preference will pay all administrative fees. • No administrative fees will be charged for accessibility /handicap transfers. VI. PREFERENCE CATEGORIES FOR ADMISSION It is the HRA's policy that a preference does not guarantee admission. Every tenant must still meet all the eligibility requirements and Applicant Screening Criteria before being accepted as a resident. The HRA will apply the following rules in the order shown for selecting eligible applicants. • Elderly, handicapped and disabled applicants with a Federal Preference. • • Elderly, handicapped and disabled applicants with a local preference. • Elderly, handicapped and disabled applicants with no preference. • Near elderly applicants with a Federal Preference. • • Near elderly applicants with a local preference. • Near elderly applicants with no preference. • Single person with Federal Preference. • Single person with local preference. • Single person with no preference. The HRA will target extremely low- income households in order to meet the 40 percent extremely low- income tenant requirement. Note: An applicant may claim a local preference when applying for assistance. The HRA must accept this certification unless the HRA verifies that the applicant is not qualified for a local preference. Before executing the lease agreement the HRA must require the applicant to provide acceptable verification. While a near elderly and single person(s) who is not elderly, disabled, or handicapped is eligible for occupancy, preference shall be extended to elderly families (including disabled and handicapped persons) and persons who are considered residents and receive local residency preference. • Bails • VII. REJECTING APPLICANTS Applicants may be rejected if: • They are ineligible; • The household's characteristics are not appropriate for the size or type of units that are available; • They do not meet the HRA's applicant screening criteria; or • They fail to disclose and document all Social Security Numbers or execute a certification when numbers have not been assigned; • An applicant's inability to fulfill obligations and comply with all terms of the previous /current Lease /Rental Agreement; • A record of chronic late, underpayment or nonpayment of rightful obligations, including rent and utilities; • Convenience transfers are at the discretion of the HRA Management; • Tenant requesting the unit transfer for preference will pay all administrative fees; • No administrative fees will be charged for accessibility /handicap transfers. • A record of disruptive behavior; • A record of destruction of property; • A record of poor living and housekeeping habits; • • A history of criminal activity involving crimes of physical violence to persons or property, or a record of other criminal acts which may endanger the health, safety or welfare of other residents; • Eviction of material non - compliance, or "other good cause," from current or previous housing. • A history of activities that would be injurious to the reputation of the property and /or be likely to cause an increase in the rate of hazard insurance on the property; • Purposeful falsification, misrepresentation or withholding of information or submission of inaccurate and /or incomplete information on any application or during the interview related to eligibility, award of preference for admission, allowance, family composition or rent; • Current or recent problems involving chemical or drug dependency resulting in any of the other reasons for non - selection; and /or • Refusal to comply with housing program requirements, policies and /or procedures. Note: Unwitting errors that do not secure an advantage with regard to program eligibility preferences, or rent, will not be used as a basis to reject applicants. Applicants may be denied particular units and placed on a waiting list if the household's • characteristics are not appropriate for the size or type of units that are available at that time. -31- If the HRA does not place an applicant on the waiting list or immediately process the • applicant for admission, the HRA must promptly notify the applicant in writing of the rejection, and explain in the notice the reasons for the rejection, and, • That the applicant has 14 days to respond in writing or to request a meeting to discuss the rejection. • If the applicant is an individual with handicaps, the applicant may inform the HRA of this fact and may request the HRA to make reasonable accommodations in the policies or practices to enable the applicant equal opportunity. A member of the HRA's staff who did not make the initial decision to reject the applicant must conduct any meeting with the applicant or review of the applicant's written response. If the applicant appeals the rejection, the HRA must give the applicant a written final decision within 5 days of the response or meeting. The HRA must keep the following materials on file for at least three years: application, initial rejection notice, any applicant reply, the HRA's final response, and all interview and verified information on which the HRA based the rejection. • VIII. LEASING POLICIES A. General Leasing Policy 1. All units must be occupied pursuant to a lease that complies with HUD's regulations. 2. The lease shall be signed by the head, spouse, and all other adult members of the household and by the authorized representative of the HRA, prior to actual admission. 3. If a resident transfer from one unit to another, anew lease will be executed for the dwelling into which the family moves. 4. If at anytime during the life of the lease agreement, a change in the resident's status results in the need for changing or amending any provision of the lease, either: a. A new lease agreement will be executed, or b. A Notice of Rent Adjustment will be executed, or • -32- • c. An appropriate rider will be prepared and made a part of the existing lease. All copies of such riders or insertions are to be dated and signed by the Resident and other authorized representative of the HRA. 5. Residents must advise the HRA if they will be absent from the unit for more than 7 days. Residents shall notify the manager, secure the unit and provide a means for the HRA to contact the resident in an emergency. Failure to advise the HRA of an extended absence is grounds for termination of the lease. B. Showing Units Prior to Leasing When offering units to an applicant, the HRA will provide the applicant with the opportunity to view the available unit prior to the applicant having to accept the unit for rental. C. Additions to the Household and Visitors Only those persons listed on the most recent certification form and lease shall be permitted to occupy a dwelling unit. • Except for natural births to or adoptions by family members, or court awarded custody, any family seeking to add a new member must • request approval in writing before the new member moves in. • Also included, would be situations in which a person (often a relative) comes to the unit as a visitor but stayed on in the unit because the tenant needed support, for example, after a medical procedure. • All persons listed on the most recent certification form and the lease must use the dwelling unit as their sole residence. 2. When a resident requests approval to add a new person to the lease, the HRA will conduct pre- admission screening of any proposed new adult member to determine whether the HRA will grant such approval. Children under the age below which Juvenile Justice records are made available, or added through a formal custody award or kinship care arrangement are exempt from the pre- admission screening process, although the resident still needs prior permission from the HRA to add children other than those born to, adopted by or awarded by the court to the family. 3. Examples of situations where the addition of a family or household member is subject to screening are: • Resident plans to be married and requests to add the new spouse to the lease; -33- • Resident desires to add a new family member to the lease, employ a • live -in aide, or take in a foster child(ren) over the age for which juvenile justice records are available; • A unit is occupied by a remaining family member(s) underage 18 (who is not an emancipated minor) and an adult, not a part of the original household, requests permission to take over as the head of the household. 4. Residents who fail to notify the HRA of additions to the household or who permit persons to join the household without undergoing screening are violating of the lease. Persons added without HRA approval will be considered unauthorized occupants and the entire household will be subject to eviction. 5. Visitors may be permitted in a dwelling unit so as they have no previous history of behavior on the HRA premises that would be a lease violation. • Visits of less than three days need not be reported to or approved by the Manager. • Visits of more than three and less than 21 days in a calendar year are permitted, provided they are reported to the manager within 72 hours and authorized by the manager. • Visits of more than 7 days in a calendar year must be authorized by the • HRA with advance documentation of extenuating circumstances. • Visitors remaining beyond this period shall be considered unauthorized occupants and the head of the household shall be guilty of a breach of the lease. 6. Roomers and lodgers shall not be permitted to move in with any family. Violation of this provision is ground for termination of the lease. 7. Residents will not be given permission to allow a former resident of the HRA who has been evicted to occupy the unit for any period of time. Violation of this requirement is ground for termination of the lease. 8. Family members over age 17 or emancipated minors who move from the dwelling unit to establish new households shall be removed from the lease. • The resident shall report the move -out within 30 calendar days of its occurrence. • These individuals may not be readmitted to the unit and must apply as new applicant households for placement on the waiting list. • Medical hardship or other extenuating circumstances shall be considered by the HRA in making determination under this paragraph. . -34- • IX. TRANSFER POLICY Transfers will be made without regard to race, color, national origin, sex, religion, or familial status. Residents can be transferred to accommodate a disability. All internal transfers will be handled in the below fashion. Should a tenant request an internal transfer to another apartment, the tenant will be required to fill out an application which will be placed on the "local residential" waiting list in order, by date. In the event that a unit becomes available and it is not what the tenant desires, tenant may "pass" at that time. Tenant may pass on two offers, after that, the tenant would be placed at the bottom of the waiting list. (All applications would be treated the same way as a regular applicant). There will be a $400.00 internal transfer fee to any resident that participates in this transfer. X. ELIGIBILITY FOR CONTINUED OCCUPANCY A. Eligibility for Continued Occupancy Residents who meet the following criteria will be eligible for continued occupancy: 1. Quality as a family as defined in Section III of this policy. 2. Are in full compliance with the resident obligations and responsibilities as • described in the dwelling lease. 3. Whose family members, age 6 and older, each have Social Security numbers or have certifications on file indicating they have no Social Security number. 4. Who meet HUD standards on citizenship or immigration status or are paying a prorated rent. 5. Who are in compliance with the HRA's community service requirements. B. Reexaminations 1. Regular reexaminations: the HRA shall, at least once a year, re- examine the family composition and incomes of all resident families, except that families paying Flat Rent shall have their incomes reexamined only every three years. 2. Special Reexaminations: When it is not possible to estimate family income accurately, a temporary determination will be made with respect to income and a special reexamination will be scheduled every 60 days until a reasonably • accurate estimate of income can be made. -35- 3. Special reexamination shall be conducted when there is a change in the head • of household that requires a remaining family member to take on the responsibilities of a leaseholder. 4. New Reexamination Date Following Income Disallowance: When a family qualifies for an earned income disallowance, the date for their next regular reexamination shall be permanently adjusted to be 12 months following the date that the income disallowance began. 5. Zero Income Families: Unless the family has income that is excluded for rent computation, families reporting zero income will have their circumstances examined every 60 days until they have a stable income. Monetary or non - monetary contributions from persons not residing in the dwelling unit for any purpose other than the payment or reimbursement of medical expenses shall be considered income. C. Reexamination Procedures At the time of reexamination, all adult members of the household will be required to sign an application for continued occupancy and other forms required by HUD. 2. Income, allowances, Social Security numbers, and such other data as is • deemed necessary will be verified, and all verified findings will be filed in the resident's folder. 3. Verified information will be analyzed and a determination made with respect to: (i) Eligibility of the resident as a family or as the remaining member of a family; (ii) Unit size required for the family (using the Occupancy Guidelines); and (iii) Rent the family should pay. 4. Residents with a history of employment whose reexamination occurs when they are not employed will have income anticipated based on past and anticipated employment. Residents with seasonal or part -time employment of a cyclical nature will be asked for third party documentation of their employment including start and ending dates. 5. Families failing to respond to the initial reexamination appointment will be issued a final appointment within the same month. Failure to respond to the final request will result in the family being sent a notice of lease violation and referred to the Housing Manager for termination of the lease. D. Action Following Reexamination 1. If there is any change in rent, the lease will be amended, a new lease will be • executed, or a Notice of Rent Adjustment will be issued. -36- • 2. If any change in the unit size is required, the resident will be placed on a transfer list in accordance with the transfer criteria described above in this policy and moved to an appropriate unit when one becomes available. XI. INTERIM RENT ADJUSTMENTS A. Adjusting Rent between Regular Reexaminations 1. Residents are required to report all changes in family composition or status to management within 10 calendar days of the occurrence. Failure to report within the 10 calendar days may result in a retroactive rent increase, but not a retroactive credit or rent reduction. In order to quality for rent reductions, residents must report income decreases promptly. Residents are also required to report interim increases in income if they have been granted interim rent reductions. 2. The HRA wishes to encourage families to improve their economic circumstances, so most changes in family income between reexaminations will not result in a rent change. The HRA will process interim changes in rent when there is an increase in monthly income of more than $200 or a change in the family composition. 3. Complete verification of the circumstances applicable to rent adjustments must be documented and approved by the Executive Director or his /her designee. 4. The HRA will process interim adjustments in rent as follows: a. When a decrease in income is reported, and the HRA receives confirmation that the decrease will last less than 30 days, an interim adjustment will not be processed. b. Residents reporting decreases in income that are expected to last more than 30 days will have an interim adjustment processed. 5. Residents granted a reduction in rent under these provisions will be required to report for special reexaminations at intervals determined by the Housing Manager. Reporting is required until income increases or it is time for the next regularly scheduled reexamination, whichever occurs first. B. Effective Date of Adjustments Residents will be notified in writing of any rent adjustment including the effective date of the adjustment. • -37- 1. Rent decreases go into effect the first of the month following the reported • change. Income decreases reported or verified after the tenant accounting cup -off date will be effective the first of the second month with a credit retroactive to the first of the month. 2. Rent increases (except those due to misrepresentation require 30 days notice and become effective the first of the second month. XII. LEASE TERMINATION PROCEDURES A. General Policy: Lease Termination No resident's lease shall be terminated except in compliance with HUD regulations and the lease terms. B. Notice Requirements 1. No resident shall be given a Notice of Lease Termination without being told by the HRA in writing the reason for the termination. • The resident must also be informed of his /her right to request a hearing in accordance with the Grievance Procedure, and be given the opportunity to make such a reply as he /she may wish. • Lease terminations for certain actions are not eligible for the • Grievance Procedure, specifically: any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises of other residents or HRA employees; and any drug - related criminal activity. 2. Notices of lease termination may be served personally or posted on the apartment door. 3. Notice shall include a statement describing right of any resident with a disability to meet with the manager and determine whether a reasonable accommodation could eliminate the need for the lease termination. C. Recordkeeping Requirements A written record of every termination and /or eviction shall be maintained by the HRA, and shall contain the following information: Name of resident, race and ethnicity, number and identification of unit occupied; Date of the Notice of Lease Termination and any other state or local notices required, which may be on the same form and run • concurrently; NA • • Specific reason(s) for the Notice (s), with section of the lease violated, and other facts pertinent to the issuing of the Notice (s) described in detail; • Date and method of notifying resident; and • Summaries of any conferences held with resident including dates, names of conference participants and conclusions. • U &A EXHIBIT A Definitions and Procedures to be used in Determining Income and Rent A. Annual Income Annual income is the anticipated total income from all sources, including net income derived from assets, received by the family head and spouse (even if temporarily absent) and by each additional family member including all net income from assets for the 12 month period following the effective date of initial determination or reexamination of income, exclusive of income that is temporary, non - recurring, or sporadic as defined below, or is specifically excluded from income by other federal statute. Annual income includes but is not limited to: 1. The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services. • The net income from operation of a business or profession, including any • withdrawal of cash or assets from the operation of the business. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining the net income from a business. An allowance for the straight -line depreciation of assets used in a business or profession may be deducted as provided in IRS regulations. Withdrawals of cash or assets will not be considered income when used to reimburse the family for cash or assets invested in the business. If the Family has Net Family Assets in excess of $5,000, Annual Income shall include the greater of the actual income derived from all Net Family Assets or a percentage of the value of such Assets based on the current passbook savings rate as determined by HUD. 3. Interest, dividends and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for the straight - line depreciation of real or personal property is permitted. Withdrawals of cash or assets will not be considered income when used to reimburse the family for cash or assets invested in the property. • -40- • 4. The full amount of periodic payments received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts. 5. Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation, and severance pay. 6. All welfare assistance payments (Temporary Assistance to Needy Families, General Assistance) received by or on behalf of any family member. 7. Periodic and determinable allowances, such as alimony and child support payments, and regular cash and non -cash contributions or gifts received from agencies or persons not residing in the dwelling made to or on behalf of family members. 8. All regular pay, special pay, and allowances of a family member in the Armed Forces. B. Items not included in Annual Income Annual Income does not include the following: • 1. Income from the employment of children (including foster children) under the age of 18 years. 2. Payments received for the care of foster children or foster adults (usually individuals with disabilities, unrelated to the resident family, who are unable to live alone). 3. Lump sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance, and worker's compensation), capital gains, one -time lottery winnings, and settlement for personal property losses (but see paragraphs 4 and 5 above if the payments are or will be periodic in nature). 4. Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expense for any family member. 5. Income of a live -in aide, provided the person meets the definition of a live -in aide (See Section 12 of these policies). 6. The full amount of student financial assistance paid directly to the student or the educational institution. • 7. The special pay to a family member serving in the Armed Forces who is exposed to hostile fire. -41- 8. Certain amounts received that are related to participation in the following • programs. a. Amounts received under HUD funded training programs (e.g. Step -up program; excludes stipends, wages, transportation payments, childcare vouchers, etc. for the duration of the training). b. Amounts received by a person with disabilities that are disregarded for a limited time for purposes of supplemental Security Income and benefits that are set aside for use under a Plan to Attain Self- Sufficiency (PASS). c. Amounts received by a participant in other publicly assisted programs that are specifically for, or in reimbursement of, out -of- pocket expenses incurred (special equipment, clothing, transportation, childcare, etc.) to allow participation in a specific program. d. A resident services stipend. A resident services stipend is a modest amount (not to exceed $200 /month) received by a public housing resident for performing a service for the HRA, on a part-time basis, that enhances the quality of life 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. • e. Incremental earnings and /or benefits resulting to any family member from participation in qualifying state of local employment training program (including training programs not affiliated with the local government), and training of family members 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 HRA. 9. Temporary, non - recurring, or sporadic income (including gifts). 10. Reparation payments paid by foreign governments pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era. 11. Earnings in excess of $480 for each full -time student 18 years old or older (excluding the head of the household and spouse). 12. Adoption assistance payments in excess of $480 per adopted child. 13. The incremental earnings and benefits to any resident. • -42- • a. whose annual income increases due to employment of a family member who was unemployed for one or more years previous to employment; or b. whose annual income increases as the result of increased earnings by a family member during participation in any economic self- sufficiency or other job training program; or c. whose annual income increases due to new employment or increased earnings of a family member during or within six months of receiving state - funded assistance, benefits or services, will not be increased during the exclusion period. For purposes of this paragraph, the following definitions apply: i. State - funded assistance, benefits or services means any state program for temporary assistance for needy families funded under Part A of Title IV of the Social Security Act, as determined by the HRA in consultation with the local agencies administering Temporary Assistance for Needy Families (TANF) and Welfare -to- Work programs. The TANF program is not limited to monthly income maintenance, but also includes such benefits and services as onetime payments, wage subsidies and transportation assistance — provided that the total amount over a six -month • period is at least $500. ii. During the 12 month period beginning when the member first qualifies for a disallowance, the HRA must exclude from Annual Income any increase in income as a result of employment. For the 12 months following the exclusion period, 50% of the income increase shall be excluded. iii. Regardless of how long it takes a resident to work for 12 months (to quality for the first exclusion) or the second 12 months (to qualify for the second exclusion), the maximum period for the disallowance (exclusion) is 48 months. iv. The disallowance of increased income under this section is only applicable to current residents and will not apply to applicants who have begun working prior to admission (unless their earnings are less than would be earned working ten hours per week at minimum wage, under which they quality as unemployed). 14. Deferred periodic payments of supplemental security income and social security benefits that are received in a lump sum payment. • -43- 15. 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. 16. Amounts paid by a State 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. 17. Amounts specifically excluded by any other Federal Statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under the United States Housing Act of 1937. (A notice will be published by HUD in the Federal Register identifying the benefits that quality for this exclusion. Updates will be published and distributed when necessary.) If it is not feasible to anticipate income for a 12 -month period, the Authority may use the annualized income anticipated for a shorter period, subject to an Interim Adjustment at the end of the shorter period. (This method would be used for teachers who are only paid for 9 months or for tenants receiving unemployment compensation.) C. Adjusted Income Adjusted Income (the income upon which rent is based) means Annual Income less • the following deductions and exemptions: For All Families 1. Child Care Expenses — A deduction of amounts anticipated to be paid by the family for the care of children under 13 years of age for the period for which Annual Income is computed, BUT ONLY when such care is necessary to enable a family member to be gainfully employed, to see employment or to further his /her education. Amounts deducted must be un- reimbursed expenses and shall not exceed: a. the amount of income earned by the family member released to work; or b. an amount determined to be reasonable by the HRA when the expense is incurred to permit education or to seek employment. 2. Dependent Deduction —An exemption of $480 for each member of the family residing in the household (other than the head of household, or spouse, Live -in Aide, foster adult or foster child) who is . -44- • under eighteen years of age or who is eighteen years of age or older or disabled, or a full -time student. 3. Work - related Disability Expenses — A deduction of un- reimbursed amounts paid for attendant care or auxiliary apparatus expenses for family members with disabilities where such expenses are necessary to permit a family member(s), including the disabled member, to be employed. In no event may the amount of the deduction exceed the employment income earned by the family member(s) freed to work. Equipment and auxiliary apparatus may include but are not limited to: wheelchairs, lifts, reading devices for the visually impaired, and equipment added to cars and vans to permit their use by the disabled family member. Also included would be the annualized cost differential between a car and the cost of a van required by the family member with disabilities. a. For non - elderly families and elderly or disabled families without medical expenses: the amount of the deduction equals the cost of all un- reimbursed expenses for work - related disability expense less three percent of Annual Income, provided the amount so calculated does not exceed the employment income earned. • b. For elderly or disabled families with medical expenses: the amount of the deduction equals the cost of all un- reimbursed expenses for work - related disability expense less three percent of Annual Income (provided the amount so calculated does not exceed the employment income earned) PLUS medical expenses as defined below. For elderly and disabled families only: 4. Medical Expense Deduction —A deduction of un- reimbursed Medical Expenses, including insurance premiums, anticipated for the period for which Annual Income is computed. Medical expenses include but are not limited to: services of physicians and other health care professionals, services of health care facilities, health insurance premiums (including the cost of Medicare), prescription and non- prescription medicines, transportation to and from treatment, dental expenses, eyeglasses, hearing aids and batteries, attendant care (unrelated to employment of family members), and payments on accumulated medical bills. To be considered by the HRA for the purpose of determining a deduction from income, the expenses . claimed must be verifiable. -45- a. For elderly or disabled families without work - related disability • expenses: The amount of the deduction shall equal total medical expenses less three percent of annual income. b. For elderly or disabled families with both work - related disability expenses and medical expenses; the amount of the deduction is calculated as described in paragraph 3(b) above. 5. Elderly /Disabled Household Exemption —An exemption of $400 per household. 6. Optimal Deductions /Exemptions —The HRA may amend this policy and grant further deductions. Any such deduction would be noted here. D. Computing Rent The first step in computing rent is to determine each family's Total Tenant Payment. Then, if the family is occupying a unit that has tenant -paid utilities, the Utility Allowance is subtracted from the Total Tenant Payment. The result of this computation, if a positive number, is the Tenant Rent. If the Total Tenant Payment less the Utility Allowance is a negative number, the result is the utility • reimbursement, which may be paid to the tenant or, directly to the utility company by the HRA. 2. Total Tenant Payment is the highest of: • 30% of adjusted monthly income; or • 10% of monthly income; but never less than the • Minimum Rent; and never more than the • Flat Rent, if chosen by the family or assigned due to in place household being over the maximum income qualifications. 3. Tenant rent is computed by subtracting the utility allowance for tenant supplied utilities (if applicable) from the Total Tenant Payment. In developments where the HRA pays all utility bills directly to the utility supplier, Tenant Rent equals Total Tenant Payment. 4. The Minimum Rent shall be established by HUD, but a hardship exemption shall be granted to residents who can document that they are unable to pay the Minimum Rent because of a long -term hardship (over 90 days). Examples under which residents would qualify for the hardship exemption to the minimum rent would be limited to the • following: M . • • The family has lost eligibility for or is applying for an eligibility determination for a Federal, State or local assistance program; • The family would be evicted as result of the imposition of the minimum rent requirements; • The income of the family has decreased because of changed circumstances, including loss of employment; • A death in the family has occurred; or • Other circumstances as determined by PHA 5. At initial certification and at each subsequent annual reexamination the resident shall be offered a choice of paying either the income - based rent or the Flat Rent applicable to the unit they will be occupying. • 0 -47- EXHIBIT B • GLOSSARY Annual Income - Annual income is the anticipated total income from all sources including net income derived from assets, received by the household's head and spouse (even if temporarily absent) and by each additional family member (i.e., co- tenant). Annual income is anticipated income for the 12 month period following the effective date of initial certification or recertification of income, exclusive of income that is temporary, non - recurring, or sporadic or is specifically excluded from income by federal statute. Adiusted Income — Adjusted income means the income of a household after allowable deductions have been subtracted. Agent or Broker - Any person authorized to perform an action on behalf of another person regarding any matter related to the sale or rental of dwellings. Aggrieved Person — Includes any person who claims to have been injured by a discriminatory housing practice; or, believes that such a person will be injured by a discriminatory housing practice that is about to occur. • Accessible — When used with respect to the design, construction, or alteration of a building or portion of a building, other than an individual dwelling unit, means that the building when designed, constructed or altered can be approached, entered, and used by individuals with physical handicaps. Accessible, when used with respect to individual dwelling units, means that the unit must be located on an accessible route and when designed, constructed, altered or adapted can be approached, entered, or used by individuals with physical handicaps. When an individual dwelling unit in an existing building is being made accessible for use by a specific individual (current occupant, another occupant in a non - accessible unit controlled by the same housing provider, or an applicant), the unit will be deemed accessible if it meets the standards that address the particular disability of such a person. Accessible Route — For mobility impairment, a continuous unobstructed path, and connecting elements and spaces in a building or facility that complies with space and reach requirements of the Uniform Federal Accessibility Standards. For hearing and vision impairment, the route needed to comply with requirements specific to mobility. Adaptability —The ability to change certain elements; e.g.; kitchen counters, sinks, grab • bars, in a dwelling unit to accommodate the needs of handicapped and non- handicapped persons; or ability to meet the needs of persons with different types and degrees of disability. Alteration — Any change ina facility or its permanent fixtures or equipment. It includes remodeling, renovation, rehabilitation, reconstruction, changes or rearrangements in structural parts and extraordinary repairs. It does not include: normal maintenance or repairs, re- roofing, interior decoration or changes to mechanical systems. Applicant — A person of statutory legal age that is the head of a household, whose family conforms to all the requirements for admission, and who has completed an application for housing. Assets — Assets includes cash (including checking accounts), stocks, bonds, savings, and equity in real property, capital investments, or the cash value of life insurance policies not including the value of personal property such as furniture, automobiles and household effects. Assistance Payment —The amount HUD pays an owner for a unit occupied under the Section 8 program. This amount is equal to the gross rent minus the Total Tenant Payment (TTP). is Assisted Rent — Any rent less than the market rent. Assisted Tenant — A tenant who pays less than the market rent. Auxiliary aids and services — Services or devices that enable persons with impaired, sensory, manual or speaking skills to have an equal opportunity to participate in and enjoy the benefits of programs or activities. The owner is not required to provide individually prescribed devices, readers for personal use or study, or other devices of a personal nature. Child Care Expenses — Amounts anticipated to be paid by the household for the care of children less than 13 years of age for the period for which Annual Income is computed. But ONLY when such are necessary to enable a household member to be gainfully employed, actively seeking employment or to further his /her education. Amounts deducted must be unreimbursed expenses and shall not exceed: (1) the amount of income earned by the household member enabled to work; or (2) an amount determined to be reasonable by the owner. Chronically Mentally III — A handicapped or disabled person. (Note: A more complete definition can be found in Part III of the MHFA Sample Tenant Selection Plan.) 0 Contract Rent — The rent HUD authorizes an owner to collect for a unit occupied by a household receiving assistance. -49- Co- Tenant — A person who shares the dwelling unit and is treated as a head of the house • for purposes of intake, eligibility, screening, and occupancy. Current Illegal Use of Drugs — The use of drugs that occurred recently enough to justify a reasonable belief that a person's drug use is current or that continuing use is a real and ongoing problem. The owner has established in the Tenant Selection Plan reasonable policies and procedures to ensure that an individual who formerly engaged in the illegal use of drugs is not currently using illegal drugs. Dependent — A member of the household, other than head, spouse, sole member, foster child, or live -in aide, who is under 18 years of age, or 18 years of age or older and disabled, handicapped, or a full -time student. (Note: A pregnant woman is not entitled to the dependent allowance until after the birth of the child.) Development — One or more residential structures and appurtenant structures, equipment, roads, walks, and parking lots which are covered by a single contract or are treated as a whole whether or not located on a common site. Developmentally Disabled — A disabled person. (Note: A more complete definition can be found in Part III of the MHFA Sample Tenant Selection Plan.) Displaced Person /Displace — A person involuntarily displaced from an urban renewal • area or as a result of government action or as a result of a disaster determined by the President of the United States to be a major disaster. (Note: This definition is used for eligibility determination only.) Disabled Person — A person who is under a disability as defined in Section 223 of the Social Security Act or in Section 102(5)(b) of the Developmental Disabilities Services and Facilities Construction Amendments of 1970. (Note: A more complete definition can be found in Part III of the MHFA Sample Tenant Selection Plan.) Discrimination - The unlawful consideration of such characteristics as race, color, creed, religion, national origin, sex, age, sexual orientation, handicap /disability, familial or marital status, status with regard to public assistance or class membership in the selection or provision of services to applicants and tenants. Drug — A controlled substance as defined in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812). (Note: alcohol is not a controlled substance.) Elderly Household — A household whose head or spouse (or sole member) is at least sixty -two years of age, or disabled or handicapped. It may include two or more elderly, disabled, or handicapped persons living together, or one or more such living with one or more live -in aides. • -50- • Elderly Person — A person who is at least 62 year old. Eligibility Exceptions — The conditions under which HUD may approve exceptions to the established eligibility requirements for assistance. Eligibility Universe — A time period based on the effective date of the Housing Assistance Payment (HAP) Contract, which is used to determine which regulations apply; i.e., "Pre - and Post -1981 Universe." Family — Not defined by HUD. A commonly used definition is "One or more persons living together, whose income and resources are available to meet the household's needs and who are related by blood, marriage, adoption, guardianship or operation of law; or have evidence of a stable relationship which has existed over a period of time." Single individuals with no other children, who are pregnant or in the process of securing legal custody of any individual under the age of 18 years, also constitute a family. Or, for purposes of continued occupancy, the remaining member of a tenant's household. Familial Status — One or more individuals (who have not attained the age of 18 years) residing with: (1) a parent or another person having legal custody of such individual or individuals; or, (2) the designee of such parent or other persons having such custody with the written permission of such parent or other person. • Full -Time Student — A person who is carrying a subject load which is considered full -time for day students under the standards and practices of the education institution attended. The institution may be a vocational school or trade school offering a diploma or a certificate of an institution offering a high school diploma or degree from a college or university. Gross Rent —The sum of the contract rent and the utility allowance for a unit. Handicapped Person — A person having an impairment which (1) is expected to be of long continued and indefinite duration, (2) substantially impedes his /her ability to live independently, and (3) is of such nature that such disability could be improved by more suitable housing conditions. Head of the Household —The head of the household refers to the family member who is held responsible and accountable for the household. Household — The individual, family or group of individuals living together as a unit. House Rules — Rules established by the owner for the safety, care and comfort of the tenants. The House Rules are an attachment to and part of the lease. • Housing Assistance payments (HAP) — Refer to the definition of Assistance Payments. -51- Housing Assistance payments (HAP) Contract — The contract between the owner and • HUD executed by the Minnesota Housing Finance Agency (MHFA). The contract administered by MHFA reserves subsidy funds for income eligible households in the development. HUD — The office of Housing and Urban Development, which is responsible for the administration of housing programs. The central offices are located in Washington, D.C. HUD operates through regional and field offices located throughout the country. HUD 50059 — The form required by HUD to certify a tenant's eligibility to receive assistance. HUD Passbook Rate — The percentage rate applied to determine the imputed income from assets when the total cash value of the household's assets exceeds $5,000. Imputed Income from Assets — The estimated earning potential of assets held by a tenant using the potential earning rate established by HUD. Income — The amount of money received (actual or projected) by a household during the course of the year. Income Limits — HUD sets limits for each county or Metropolitan Statistical Area (MSA). • Limits vary by program type and family size. Individual with Handicaps 504 Definition —Any person who has a physical or mental impairment that substantially limits one or more major life activities: [or] has a record of such impairment; or is regarded as having such impairment. • Major life activities are: functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. • A record of such impairment means: has a history of OR has been misclassified as having, a mental or physical that substantially limits one or more major life activities. • Is regarded as having such an impairment means: (1) has a physical or mental impairment that does not substantially limit one or more major life activities but is treated by a recipient as constituting such a limitation; (2) has physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or (3) has none of the impairments listed in this definition but is treated by a recipient as having such an impairment. • Physical or mental impairment includes: (1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of • the following body systems: Neurological; musculoskeletal; special sense organs; -52- • respiratory, including speech organs; cardiovascular; reproductive; digestive; genitor- urinary; hemic and lymphatic; skin; and endocrine; or (2) any mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities. Includes such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction, and alcoholism. The Fair Housing definition of handicap includes persons with Human Immunodeficiency Virus Infection. Exclusions from the definition of individual with handicaps For purposes of programs and activities, the definition does not include: any individual whose current use of alcohol or drugs prevents the individual from participating in the program or activity in question; or whose participation, by reason of current alcohol or drug abuse, would constitute a direct threat to property or the safety of others. The Fair Housing definition of handicap specifically excludes "...current, illegal use or addiction to a controlled substance." Ineligible Applicant — An applicant who is ineligible to receive assistance. • Initial Certification — The first certification of eligibility completed for a tenant. Interim Adjustment — a recertification completed between regular recertification dates as the result of changes in the tenant's circumstances. Involuntary Displacement — Part VI of the MHFA Sample Tenant Selection Plan provides definition of involuntary displacement. Lease — The contractual agreement between the owner and the tenant that establishes the rights, responsibilities and obligations of each party and the conditions for the rental of the unit. The Minnesota Housing Finance Agency (MHFA) provides a lease, which must be signed and dated by all assisted tenants. Lessee — Member of the tenant's household who must sign the lease in order for it to be legal and binding. Lessor —The owner, management agent and /or assignee, which rents a unit under a lease. Live -in Aide — A person who resides with an elderly, handicapped or disabled person or persons and who: (1) is determined to be essential to the care and wellObeing of the -53- person(s); (2) is not obligated to support the household member; and 93) would not be • living in the unit except to provide the necessary supportive services. Lower Income — An income limit established at 80 percent of the median income for the area as determined by HUD with adjustments for smaller and larger families. Market Rent — See definition of Contract Rent. Medical Expenses —Those expenses allowed to elderly, handicapped and disabled households as defined by HUD regulations. Medical Expense Allowance — For purposes of adjusted income determination, for elderly families only, medical expense allowance means the medical expense in excess of 3% of Annual Income, where these expenses are not compensated for or covered by insurance. Minnesota Housing Finance Agency — The agency performs dual roles as mortgage lender and as administrator of the Housing Assistance Payments contract on behalf of HUD. Minor — A minor is a person less than 18 years of age. Mitigating Circumstances — Facts that can be verified that would outweigh previously • received information gathered in the tenant screening process. Monthly Adjusted Income — One- twelfth of adjusted income (annual income less allowances). Net Family Assets — The net cash value, after deducting reasonable costs that would be incurred in disposing of the asset. Post -1981 Universe — Applies to Section 8 programs whose Housing Assistance Payments (HAP) contract was signed on or after 10/01/81. Pre -1981 Universe —Applies to Section 8 programs whose Housing Assistance Payments (HAP) contract was signed prior to 10/01/81. Preference — The priority that is given to some applicants as required by their circumstances. HUD establishes some preferences; the owner may establish others. (Note: preferences are addressed in Part VI of the MHFA Sample Tenant Selection Plan.) Qualified Applicant — Only qualified applicants may be admitted to assisted housing. A qualified applicant is a person or household that both meets the basic eligibility • -54- • requirements of the program that finances or subsidizes the property, and meets the owner's tenant selection criteria as described in this Tenant Selection Plan. Qualified Individual with Handicaps — 504 Definition — With respect to any non - employment program or activity: An individual with handicaps who meets the essential eligibility requirements and who can achieve the purpose of the program or activity without modifications in the program or activity that the recipient can demonstrate that would result in a fundamental alteration in its nature. With respect to any other non - employment program or activity an individual with handicaps who meets the essential eligibility requirements for participation in or recipient of benefits from the program or activity, is qualified. Qualified Interpreter — An interpreter who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Recertification — The process of annually re- determining and verifying an assisted tenant's eligibility to continue receiving assistance. Recertification Notice — The notice that the owner must provide to an assisted tenant to notify him /her of the need to recertify. • Remaining Member(s) of the Tenant's Household — Any person(s), except a live -in aide or foster child, who remains in the unit and was considered a member of the household on the most recent lease or recertification forms. Resident Selection Plan — Refer to the definition of Tenant Selection Plan. Screening Criteria — The criteria used by an owner to determine whether an applicant will or will not be admitted to the development as a tenant. Security Deposit — The amount collected from the tenant at the time of move -in that is held against future damages or nonpayment of rent. Service Animal — Any animal trained to do work or perform tasks for the benefit of a individual with a disability, including but not limited to, guiding individuals with impaired vision, alerting individuals with impaired vision, alerting individuals with impaired hearing to intruders and sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. Single Person — A person living alone or intending to live alone who does not qualify as an elderly family, displaced person, or the remaining household member of a residing • household. -55- Standard Permanent Replacement Housing — Housing that is: (1) decent, safe, and • sanitary; (2) adequate for the family size; (3) occupied pursuant to a lease and IS NOT a transient facility such as a motel, hotel, or temporary shelter for victims of domestic violence or homeless families. (In the case of domestic violence, the housing unit, which the applicant shares with the person who engaged in the violence, is specifically excluded from this definition.) Spouse — The husband or wife of the head of the household. Substandard Housing — The definition for substandard housing can be found in Part VI of the MHFA Sample Tenant Selection Plan. Tenant Assistance Payment — The monthly amount HUD pays toward the tenant's rent and utility costs. Tenant Rent — The amount payable monthly by the household as rent to the owner, where all the utilities (except telephone) and other essential housing services are supplied by the property; the tenant rent equals the "total tenant payment." Where some or all utilities (except telephone) and other essential housing services are not supplied by the owner and the cost thereof is not included in the amount paid as rent; the tenant rent equals the "total tenant payment" less the "utility allowance." Tenant Selection Criteria — The written standards, contained within the Tenant Selection • Plan, from which an owner determines whether an eligible applicant will be selected or rejected for housing. Tenant Selection Plan — A written plan that defines the procedures used to select and reject applicants. Termination Notice — The written notice an owner must provide a tenant if the owner plans to terminate the lease. Termination of Assistance — The termination of assistance to a tenant due to the ability to pay the gross rent, or a failure to comply with the applicable regulations for recertification. Third -Party Verification — Confirmation or substantiation of applicant or tenant's declarations obtained from an employer, public agency, physician, prior landlord, etc. Written third -party verification is preferred; however, direct contact with the source; i.e., "in person" or by telephone is acceptable when a written verification is not possible. Total Tenant Payment (TTP) — The amount a tenant must pay toward the gross rent as determined by the appropriate rent formula. This amount is also used to determine a • new tenant's security deposit. The TTP is calculated using the following formula: -56- The greater of 30% of the monthly- adjusted income or 10% of the monthly annual • income. If the tenant pays the utilities, the amount of the utility allowance is deducted from the TTP. The TTP does not include miscellaneous charges. Utilities — Utilities are water, electricity, gas, other heating, refrigeration and cooking fuels, trash collection, and sewerage services. Telephone service is not included as a utility. Utility Allowance — Owner's estimate of the monthly cost of the reasonable consumption of utilities and other housing services (except telephone) by an energy - conservative household of modest circumstances consistent with the requirements of a safe, sanitary, and healthful living environment. Utility Reimbursement — Funds that are reimbursed to a tenant if the utility allowance exceeds the total tenant payment. Verification —The collection of information to corroborate the accuracy of information provided by applicants and tenants. Very Low - Income Household — A household whose Annual Income does not exceed 500 of the median Annual Income for the area, with adjustments for smaller and larger • families, as determined by the Secretary of HUD. Waiting List — A list of applicants seeking admission to a particular development. The owner maintains the waiting list. • -57- EXHIBIT C • LIVE -IN AIDE The HRA's policy for Live -in Aides stipulates that: • Prior to a live -in aide moving into a unit, third -party verification must be obtained indicating the need for such care and the fact that the person cared for will be able to comply with the lease terms as the result of such care; • Move -in of a life -in aide will not result in overcrowding; • The live -in aide is not listed on the lease and has no right to the unit as a remaining member of the tenant's household, and, will be denied continued occupancy after the tenant, for whatever reason, is no longer living in the unit. Relatives who meet the definition and qualify, as a live -in aide must understand that all rights to the unit are relinquished as the remaining member of the tenant's household; • The income of a live -in aide is not used in determining the household's income or calculating the tenant's rent and /or housing assistance payments; and • A live -in aide who violates the house rules may jeopardize the tenant's housing. • • • EXHIBIT D MOVE -IN PROCEDURES The HRA will: • Jointly inspect the unit with the applicant. A move -in unit inspection form must be completed prior to move -in. The inspection form must be signed and dated by both parties certifying that the unit is in a decent, safe and sanitary condition. If cleaning and repair is required the owner must indicate on the inspection form the day by which the work will be completed. This date must be no more than 30 days after the effective date of the lease. • Have all household members age 18 years and older sign the lease and related document. • Collect the security deposit (and pet deposit, if applicable). • Collect the rent for the first month or partial month of occupancy, as set forth in the lease.1 • Provide the applicant with a copy of the lease, the move -in inspection form, and house rules /tenant handbook. • • Issue keys. • Payments of the security deposit(s) and first month's rent should be by money order or cashier's check. Failure to move in on time: If a household fails to move in on the agreed date, the application will be declined, and the unit will be offered to the next household on the waiting list but not before making an attempt to contact the household scheduled to move in. Unit deposits made will also be forfeited if the household fails to move in upon the agreed date. • The HRA has set the minimum rent amount of $50.0. 1 Payment of the security deposit(s) and first month's rent should be by money • order or cashier's check. -59- EXHIBIT E PET POLICY Incompliance with Section 227 of Title II of the Housing and Urban Development Recovery Act of 1983, Indian Knoll Manor will permit its residents to own and keep common household pets in their units subject to the foregoing policy. The pet policy is not applicable to tenants who are handicapped /disabled and may require a service animal. A. Definition of Pets Common household pets are defined as follows: Bird: including canary, parakeet, finch and other species that are normally kept caged. Birds of prey are not permitted. Fish: in tanks or aquariums, not to exceed 20 gallons in capacity, poisonous or dangerous fish are not permitted. Dog: not to exceed 20 pounds in weight at maturity. Cat: species commonly used for household pets (felis catus) "There is only (1) one dog and /or cat allowed in each household." is B. Prohibited Pets Wild, undomesticated, vicious, destructive or uncontrollable animals of any type shall not be permitted to be kept as a pet. C. Visiting Pets Visiting pets are not allowed. D. Areas Off Limits to Pets With the exception of an animal which is trained and certified to assist the handicapped or disabled (for example, a seeing eye dog), no dog, cat or other pet shall be allowed to be taken into the community rooms, community room kitchen or laundry A pet owner shall not take a pet into the apartment of another resident without the explicit permission of that resident. • .m • E. Accommodation for Resident Allergic or Phobic to Animals To accommodate residents who have medically certified allergic or phobic reactions to dogs and cats, the Resident Council may recommend to the management that dogs and cats be barred from certain floors in the building. F. License, Inoculation and Identification Requirements for Dogs In accordance with City Ordinance, each dog shall be licensed annually and shall wear a valid animal license tag at all times. In addition, a dog shall wear at all times a valid rabies inoculation tag and identification tag bearing the owner's name, address and telephone number. The approximate cost to obtain the license is $5.00 for a spayed and neutered animal and 47.00 for a non - spayed or neutered animal. Each dog owner shall be required to have his or her dog re- inoculated against rabies no less than every 24 months. G. Inoculation and Identification Requirements for Cats A cat owned by a resident shall wear at all times a valid rabies inoculation tag and an identification tag bearing the owner's name, address and telephone number. Each cat owner shall be required to have his or her cat re- inoculated against rabies no less than every 12 months. H. Spaying or Neutering Requirements Each female dog and cat over six months of age shall be spayed and each male dog or cat over eight months of age shall be neutered. Written proof of such is required before a pet permit will be issued. I. Pet Deposits for Pet - Related Property Damage Residents who own pets shall be liable for the cost of repairing any and all damage caused by their pets. Each resident who owns a dog or a cat shall required paying a pet deposit in the amount of $300.00. A new resident who owns a dog or cat at the time of moving into Indian Knoll Manor shall pay the pet deposit at the time of the lease signing. C7 -61- A resident who acquires a dog or cat after having moved into Indian Knoll Manor • shall pay the pet deposit before bringing the dog or cat into the building. The pet deposit shall be held until the resident moves out and will be fully refunded, with interest, according to State Law, provided that no pet related damage has been done to the premises. Amounts necessary to repair such damage shall be deducted from the rental deposit. J. Pet Related Liability Insurance (Renters Insurance) A pet owner may be liable for any injury or damage his /her pet causes to the person or property of another resident, a visitor, and employee or an agent of the management. The tenant is also responsible for all damages caused by their pet. Therefore, it is strongly recommended that residents who own a dog or cat purchase a personal liability insurance policy (renters insurance) from an insurance carrier of their choice. Tenant agrees to indemnify, defend and hold the management and owner harmless from and against any and all claims, actions, suits, judgments and demands brought by any other party on account of or in connection with any activity of or damage caused by tenant's pet. K. Pet Registration Requirements • At the time that the owner is admitted to Indian Knoll Manor as a new resident, or at such time that resident acquires a pet, said pet owner shall register his /her pet with the management and shall continue to do so annually at the time of the Application for Continued Occupancy. At the time of initial registration, and at each registration thereafter, each pet owner shall provide management with: a. The names, addresses and telephone numbers of no less than two people who shall be responsible for housing and caring for the owner's pet during vacations or in the event of emergencies, hospitalization or the death of the pet owner. These names will also be placed with the tenant's emergency medical information which is posted in the apartment, and b. If the pet is a dog or cat, proof of valid licenses, and inoculations as well as verifications of spaying or neutering, signed by a licensed veterinarian. • -62- • L. Pet Control Requirements Each dog or cat shall be kept on a leash when being taken outside of the owner's apartment. The dog or cat shall always be accompanied by, and in direct control of an adult. A pet owner shall physically control or confine his /her pet during the times when employees, agents, of the management, or others must enter the pet owner's apartment to conduct business, provide services, enforce lease terms, etc. M. Pet Use of Corridors, Lobby and Elevators An escorted dog or cat shall be allowed in the corridors and lobby. Corridors are not to be used to exercise the pet. Owners should not sit with their animal in a common area such as, any bench, and chairs and /or in the library of the complex with their pet. Animals are not allowed at any time in any area of the community room. One elevator shall be designated for use by dogs and cats. Only one dog or one cat at a time shall be allowed in the designated elevator. • N. Disturbances Caused by Pet A pet owner shall not permit any disturbances by his /her pet, which interfere with the peace of other residents, visitors, staff, or agents of management or owner, whether by barking, howling, growling, chirping, biting, chewing, scratching, or other such activities which threaten or disturb others. 0. Unattended Pets Residents who own pets shall be, or shall arrange for others to be, responsible for their pets at all times. If any pet is left unattended and it is determined by the management that the pet is in distress or is suffering from lack of care, or if the pet is causing a disturbance to others, the management may, at its sole discretion, enter the pet owner's apartment, remove the pet and deliver it or cause it to be delivered to the proper authorities. The management and owner accept no responsibility for the pet under such circumstances. • -63- P. Improperly Cared for Pets • If it is determined by the management that a pet owner is not longer capable of properly caring for a pet, the management may, at its sole discretion, require that the pet be removed from the owner's immediate possession and control. Q. Pet Waste Disposal Requirements Each pet owner shall be responsible for promptly cleaning up pet wastes deposited within his /her apartment, within public areas or on the grounds or adjacent property and disposing of the wastes in sealed plastic bags and deposited in the garbage can provided on the grounds or in the dumpster in the back of the building /alley. Entrance areas, walkways and parking lots must be avoided as places for pets to deposit wastes. Pet owners should leave Indian Knoll Manor property to curb their animals. The owner of a dog or cat must remove ALL waste caused by animals in the building interiors — this includes washing and disinfecting affected areas in the building following "accidents ". Each cat owner shall provide a litter box for his /her cat. Each litter box shall be kept within the pet owner's apartment. No less than every other day, the litter box shall be cleaned and the accumulated wastes property wrapped an disposed of in the designated garbage. • Each pet owner shall take adequate precautions to prevent or eliminate any pet odors within or around the owner's apartment and shall maintain the apartment in a clean and sanitary condition at all times. In no event shall pet wastes or litter box material be disposed of through sinks, toilets, or trash chutes. R. Designated Pet Exercise Areas The exercising of a dog or cat is not allowed on Indian Knoll Manor property. S. Pet Bathing Restrictions The bathing of a pet shall not be permitted in the laundry rooms, or in tub /shower rooms. T. Pet Enclosure Restrictions A pet owner shall not alter the physical structure of his /her apartment in order to create an enclosure for a pet. • -64- • U. Policy Violations Residents who violate the above conditions shall be subject to the following actions by the management and /or owner: a. If a pet causes harm to any person, the pet's owner shall be required to permanently remove the pet from the building within 24 hours of written notice from the management. Said pet owner may also be subject to termination of his /her dwelling lease. b. A pet owner who violates any other conditions of this policy may be required to remove his /her pet from the building within seven days of written notice from the management. Said pet owner may also be subject to termination of his /her dwelling lease. The HRA's Grievance Procedure shall be applicable to all individual grievances or disputes arising out of violations or alleged violations of this policy. • • -65- EXHIBIT F GRIEVANCE PROCEDURE A. Definitions Applicable to the Grievance Procedure 1. Grievance: Any dispute a Tenant may have with respect to the HRA action or failure to act in accordance with the individual Tenant's lease or HRA regulations that adversely affects the individual Tenant's rights, duties, welfare or status. 2. Complainant: Any Tenant (as defined below) whose grievance is presented to the HRA in accordance with the requirement presented in this procedure. 3. Elements of due process: An eviction action or a termination of tenancy in a State or local court in which the following procedural safeguards are required: a. Adequate notice to the Tenant of the grounds for terminating the tenancy and for eviction; b. Right of the Tenant to be represented by counsel is c. Opportunity for the Tenant to refute the evidence presented by the HRA, including the right to confront and cross examine witnesses and to present any affirmative legal or equitable defense which the Tenant may have; • d. A decision on the merits of the case. 4. Hearing Officer: A person selected in accordance with this procedure to hear grievances and render a decision with respect thereto. 5. Tenant: The adult person (or persons other than a Live -in aide): (1) Who resides in the unit, and who executed the lease with the HRA as lessee of the dwelling unit, or, if no such person now resides in the unit, (2) Who resides in the unit, and who is the remaining head of the household of the Tenant family residing in the dwelling unit. B. Applicability of this Grievance Procedure In accordance with the applicable Federal regulations this grievance procedure shall be applicable to all individual grievances (as defined in Section I above) between Tenant and the HRA with the following two exceptions: Because HUD has issued a due process determination regarding the law of the State of Minnesota that requires that a Tenant be given the opportunity for a hearing in court which provides the basic elements of due process (as defined above) before eviction from the dwelling unit, the grievance procedure shall not be applicable to any termination of tenancy or eviction that involves: . 04 • a. Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises of other residents or employees of the HRA, or b. Any violent or drug related criminal activity on or off such premises; or c. Any criminal activity that resulted in felony conviction of a household member. 2. The HRA grievance procedure shall not be applicable to disputes between Tenants not involving the HRA or to class grievances. The grievance procedure is not intended as a forum for initiating or negotiating policy changes between a group or groups of tenants and the HRA's Board of Commissioners. This grievance procedure is incorporated by reference in all Tenant dwelling leases and will be furnished to each Tenant. Any changes proposed in this grievance procedure must provide for at least 30 days notice to Tenants and Resident Organizations, setting forth the proposed changes and providing an opportunity to present written comments. Comments submitted shall be considered by the HRA before any revisions are made to the • grievance procedure. C. Informal Settlement of a Grievance Any grievance shall be personally presented, either orally or in writing, to the HRA's office or to the management office of the project in which the complainant resides within ten (10) days after the grievable event occurs. As soon as the grievance is received, it will be reviewed by the HRA staff to make certain that neither of the exclusions in paragraphs II(A) or (B) above applies to the grievance. Should one of the exclusions apply, the complainant will be notified in writing that the matter raised is not subject to the HRA's grievance procedure, with the reason therefore. If neither of the exclusions cited above apply, the complainant will be contacted to arrange a mutually convenient time within ten (10) days to meet so the grievance may be discussed informally and settled without a hearing. At the informal hearing the complainant will present the grievance and an authorized agent of the HRA will attempt to settle the grievance to the satisfaction of both parties. • Within five (5) working days following the informal discussion, the HRA shall prepare and either hand deliver or mail to Tenant a summary of the discussion -67- that must specify the names of the participants, the dates of meeting, the nature • of the proposed disposition of the complaint and the specific reasons therefore, and shall specify the procedures by which a formal hearing under this procedure may be obtained if the complainant is not satisfied. A copy of this summary shall also be placed in the Tenant's file. A receipt signed by the complainant or a return receipt for delivery of certified mail, whether or not signed, will be sufficient proof of time of delivery for the summary of the informal discussion. D. Formal Grievance Hearing If the complainant is dissatisfied with the results of the informal hearing, the complainant must submit a written request for a hearing to the management office of the development where Tenant resides no later than five (5) working days after the summary of the informal hearing is received. The written request shall specify: a. The reasons for the grievance; b. The action of relief sought from the HRA; and If the complainant requests a hearing in a timely manner, the HRA shall schedule a hearing on the grievance at the earliest time possible for the complainant, HRA • and the hearing officer, but in no case later than ten (10) working days after the HRA received the complainant's request. If the complainant fails to request a hearing within five working days after receiving the summary of the informal hearing, the HRA's decision rendered at the informal hearing becomes final and the HRA is not obligated to offer the complainant a formal hearing unless the complainant can show good cause why he failed to proceed in accordance with this procedure. Failure to request a grievance hearing does not affect the complainant's right to contest the HRA's decision in a court hearing. E. Selecting the Hearing Officer A grievance hearing shall be conducted by an impartial person appointed by the HRA. The HRA shall nominate an impartial person to sit as potential hearing officer for grievance proceedings. Such person may include HRA Board member, HRA staff member, professional arbitrator, or others. E -1-12 The HRA will check with each nominee to determine whether there is an interest is in serving as a hearing officer or panel member, whether the nominee feels fully capable of impartiality, whether the nominee can serve without compensation, and what limitations on the nominee's time would affect such service. The Nominee will be informed that he /she will be expected to disqualify themselves from hearing grievances that involve personal friends, other residents of developments in which they work or reside, or grievances in which they have some personal interest. F. Escrow Deposit Required for a Hearing Involving Rent Before a hearing is scheduled in any grievance involving the amount of rent which the HRA claims is due under the lease, the complainant shall pay to the HRA an amount equal to the rent due and payable as of the first of the month preceding the month in which the act or failure to act took place. The complainant shall, thereafter, deposit the same amount of the monthly rent in an escrow account monthly until the complaint is resolved by decision of the hearing officer or hearing panel. This requirement will not be waived by the HRA unless the complainant is paying • minimum rent and the grievance is based on a request for a hardship exemption or the tenant's welfare benefits have been reduced for welfare fraud or failure to comply with economic self- sufficiency requirements. In these cases only, rent need not be escrowed. G. Scheduled Hearings When a complainant submits a timely request for a grievance hearing, the HRA will immediately contact one of the potential hearing officer and schedule the grievance at a date and time that is convenient for all the parties. Once all the relevant parties have agreed upon the hearing date and time, the complainant, the manager of the development in which the complainant resides, and the hearing officer shall be notified in writing. Notice to the complainant shall be in writing, either personally delivered to complainant or sent by mail, return receipt requested. The written notice will specify the time, place and procedures governing the hearing. • .• H. Procedures Governing the Hearing I • The hearing shall be held before the hearing officer as described above in Section VII. The complainant shall be afforded a fair hearing, which shall include: 1. The opportunity to examine before the hearing any HRA documents, including records and regulations, that are directly relevant to the hearing. The Tenant shall be allowed to copy any such document at the Tenant's expense. If the HRA does not make the document available for examination upon request by the complainant, the HRA may not rely on such document at the grievance hearing. 2. The right to be represented by counsel or other person chosen as the Tenant's representative and to have such person make statements on the Tenant's behalf. 3. The right to present evidence and arguments in support of the Tenant's complaint to controvert evidence relied on by the HRA or project management whose testimony or information the HRA or project management relies; and is 4. A decision based solely and exclusively upon the fact presented at the hearing. The hearing officer may render a decision without proceeding with the hearing if they determine that the issue has been previously decided in another proceeding. At the hearing, the complainant must first make a showing of an entitlement to the relief sought and, thereafter, the HRA must sustain the burden of justifying the HRA action or failure to act against which the complaint is directed. The hearing shall be conducted informally by the hearing officer. Oral or documentary evidence pertinent to the facts and issues raised by the complaint may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings. The hearing officer shall require the HRA, the complainant, counsel and other participants or spectators to conduct themselves in an orderly fashion. Failure to comply with the directions of the hearing panel or officer to obtain order may result in exclusion from the proceedings or in a decision adverse to the interests • of the disorderly party and granting or denial of the relief sought, as appropriate. -70- The HRA must provide reasonable accommodation for persons with disabilities • to participate in the hearing. Reasonable accommodation may include qualified sign language interpreters, readers, accessible locations, or attendants. If the Tenant is visually impaired, any notice to the Tenant which is required under this procedure must be in an accessible format. If the hearing officer fails to disqualify himself /herself as required in Section V(A), the HRA will remove the hearing officer, invalidate the results of the hearing and schedule a new hearing with a new hearing officer. I. Failure to Appear at the Hearing Of the complainant or the HRA fails to appear at the scheduled hearing, the hearing officer may make a determination to postpone the hearing for not to exceed five business days, or may make determination that the party has waived has right to a hearing. Both the complainant and the HRA shall be notified of the determination by the hearing officer; provided, that a determination that the complainant has waived his right to a hearing shall not constitute a waiver of any right the complainant may have to contest the HRA's disposition of the grievance in court. • J. Decision of the Hearing Officer The hearing officer shall prepare a written decision, together with the reasons for the decision within ten (10) working days after the hearing. A copy of the decision shall be sent to the complainant and the HRA. The HRA shall retain a copy of the decision in the Tenant's folder. A copy of the decision with all names and identifying references deleted, shall also be maintained on file by the HRA and made available for inspection by a prospective complainant, his representative, or the hearing officer. The decision of the hearing officer shall be binding on the HRA, which shall take all actions, or refrain from any actions, necessary to carry out the decision. • -71- • •