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MINUTES - 09212004 - HA.1
HOUSING AUTHORITY OFF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS HAI FROM: Robert McEwan, Executive Director DATE: September 21, 2004 SUBJECT: APPROVE ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP) FOR PUBLIC HOUSING FOR THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION 1. RECOMMENDED ACTION: APPROVE the Admissions and Continued Occupancy Policy for Public Housing for the Housing Authority of the County of Contra Costa. AUTHORIZE the Executive Director to make ministerial changes to the ACOP as necessitated by changes in Federal regulations governing this program. 11. FINANCIAL IMPACT: None. Ill. REASONS FOR RECOMMENDATION/BACKGROUND The U.S. Department of Housing and Urban Development (HUD) regulations require all Housing Authorities administering the Public Housing Program maintain an Admissions and Continued Occupancy Policy (ACOP). The purpose of ACOP is to establish guidelines for the Public Housing Agency (PHA) staff to follow and determine eligibility for admission and continued occupancy. These guidelines are governed by the requirements of the U.S. Department of Housing and Urban Development (HUD) and provide some latitude for local policies and procedures. These policies and procedures for admissions and continued occupancy are binding upon applicants, residents and the PHA. The Housing Authority is revising in its entirety their ACOP to ensure compliance with HUD regulations. Due to the volume of the ACOP, a copy is on file with the Clerk of the Board for public viewing. An Executive Summary is attached to this board order. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to approve these actions the Housing Authority would not be in compliance with HUD mandates and Quality Housing and Work Responsibility Act of 1998. CONTINUED ON ATTACHMENT: /YES SIGNATU" RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A `. UNANIMOUS (ABSENT `"`;`}f" ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED JOHN SWEETEN,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY K DEPUTY H:\JudyHayes\MSOFFICE\WINWORD\BOARD\BO-ACOP Complete Revision 9-21-04.doe EXECUTIVE SUMMARY Admissions and Continued Occupancy Flan September 2004 This Admissions and Continued Occupancy Policy (ACOP) replaces the 1998 approved ACOP, and describes how the Housing Authority of the County of Contra Costa (HACCC) will establish local policies to administer the Public Housing Program according to U. S. Department of Housing and Urban Development (HUD) requirements. It states policies on those matters for which the HACCC has discretion. It is a supporting document to the Public Housing Agency Plan, The Resident Advisory Board approved the updated and revised ACOP on April 15, 2004. The ACOP is pending implementation upon approval by the Board of Commissioners. HUD allows public housing agencies some discretion to adopt local policies for the selection of participants and their continued occupancy in Public Housing programs. The ACOP reflects those policy choices in a balanced approach, consistent with the mission of the HACCC and as required by Title 24 of the Code of Federal Regulations. The Public Housing Program's ACOP is a comprehensive guideline of the HACCC procedures for public housing program administration and provides applicants, residents, and the public with a basic understanding of the requirements, guidelines and program participant disclosures for participation in the HUD-funded public housing program. The following summarizes the key elements of the ACOP as mandated by the Quality Housing and Work Responsibility Act of 1998 (QHWRA): • Chapter 4, "Tenant Selection and Assignment Plan", establishes the local preferences for families on the Public Housing waitlist. Local preferences are established for families with a disabled member, veterans, surviving spouses of veterans, and families who live, work, who are attending school or are participating in training programs in our jurisdiction. • Chapter 6, „Determination of Total Tenant Payment", establishes methodology for flat rents. Once a year the HACCC must give each family the opportunity to choose between the two methods for determining the amount of tenant rent payable monthly by the family. The family may choose to pay either a flat rent or an income-based rent. • Chapter 11, "Pet Policy— Family Projects", establishes the Pet Policy for allowing pets into family developments, 24 CFR 960.701. The purpose of this subpart is, in accordance with Section 31 of the United States Housing Act of 1937 (42 U.S.C. 14372-3), to permit pet ownership by residents of public housing, subject to compliance with reasonable requirements established by the Public Housing Agency (PHA)for pet ownership. • Chapter 16, "Community Service" establishes the community service requirement as mandated by 24 CFR (F) 960.600, which states that in order to be eligible for continued occupancy, each adult family member, age 18 to 62, must: a. Contribute eight hours per month of community service, or b. Participate in an economic self-sufficiency program, or c. Perform eight hours per month of combined activities as previously described, unless the adult family member(s) is exempt from this requirement; see Chapter 16, Part C, "Exemptions". • Chapter 18, "Public Housing Homeownership Program". The Public Housing Homeownership Program enables the HACCC to make public housing units available for purchase by low income families for use as their principal residences. Section 536 of the Quality Housing and Work Responsibility Act of 1998 approved October 21, 1998 (QHWRA) amended Title 1 of the United States Housing Act of 1937 (42 USC 1437 et seq) section 32, authorizes this new public housing homeownership program. This added Chapter is perhaps the most significant change to the ACOP. The HACCC is responsible for complying with all subsequent changes in HUD regulations pertaining to this program. If such changes conflict with this ACOP, HUD regulations will have precedence, and the ACOP will be revised accordingly. H:\JudyHayes\iMSOFFICE\WINWORD\BOARD\BO-ACOP Complete Revision 9-21-04.doc ADMISSIONS AND CONTINUED OCCUPANCY PLAN Presented to the Board of Commissioners September 21, 2004 Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004- HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA i ----- »dm'ss�(}ns and Continued Occupancy Ptan Table of Contents CHAPTER 1: STATEMENT OF POLICIES AND OBJECTIVES..............................................1~1 HOUSING AUTHORITY MISSION STATEMENT....... ......................................................................1-1 LOCALOBJECTIVES.................................................—.................................................................. .1-1 PURPOSEOFTHE POLICY....................... — ......... ............ ...................... .................... ............1-2 FAIRHOUSING POLICY...... ...................................... ........................ .......................... .................1-2 SERVICE AND ACCOMMODATIONS POLICY.......... ...... .......... .......................... .................. ......1-3 TRANSLATION (]FDOCUMENTS.... ..................................................................................... .........1-8 LANGUAGE ASSISTANCE -------------------------------------1-8 PUBLIC HOUSING ASSESSMENT SYSTEM (PH/\G) [)BJECTPVEG—.............. ............................ 1-0 FAMILYOUTREACH....................................... ................. ........................ ..... ............. ...............1-6 PRIVACYR|GHTS -- .................................... ...... ....... ............ ....................................................1'7 POSTING [)FREQUIRED INFORMATION ......................................................— ........... ................1-7 TERMINOLOGY.................. ............ .......................................... ........................ ............ ...............1-8 CHAPTER 2: ELIGIBILITY FOR ADMISSION .........................................................................2-1 QUALIFICATION FOR ADMISSION.......... ............................... ........... .............. .................. .........2-1 FAMILYCOMPOSITION .................................................................................................. .............. .2-2 MANDATORY SOCIAL SECURITY NUMBERS ....... ........................... ....... .................. ..............2-4 CITIZENSHIP/ELIGIBLE IMMIGRATION STATUS.... ..........— ........ ................ ......... .....................2-5 OTHER ELIGIBILITY CRITERIA....... .......... ............. ...... ................................... .......... ..............2-5 DENIAL [UFADMISSION FOR DRUG-RELATED AND/OR OTHER CRIMINAL ACTK/[TY— ..........2-6 SCREENINGFOR SUITABILITY...........___.................... ...................... ........................................2-12 HEARINGS..................................... ......... — ........................................... ........ .......... ........... ...2-18 CHAPTER 3: APPLYING FOR ADMISSION............................................................................3~1 HOWTOAPPLY ......... ............................. ....................................................... ........ .......... ...........5-1 "|N[TIAL"APPLICATION PROCEDURES...................... .......................... ......... ....... —.......... ... —3-1 REQUIREMENT T[) ATTEND INTERVIEW........ —.... ... ............................... ---............— .......3-3 PROCESSING APPLICATIONS.................................--..................................... ......... ................. 3-4 FINAL DETERMINATION AND NOTIFICATION OF ELIGIBILITY........ ............................... ...... —'3-� CHAPTER 4: TENANT SELECTION AND ASSIGNMENT PLAN ...........................................4-1 MANAGEMENT [)FTHE WAITING LIST ------------------------------4-2 WAITINGLIST PREFERENCES ............... ............................... ............................ .........................�4-4 ORDER [)FSELECTION FOR GENERAL OCCUPANCY (FA88|LY) DEVELOPMENTS...................4-6 ORDER [}FSELECTION FOR MIXED POPULATION DE\/ELC]PMENTS —.....................................4-O VERIFICATION OF PREFERENCE QUALIFICATION -----------------------.4-7 PREFERENCEDENIAL ..... ..................................... ........... ............... ..........................................4-7 FACTORS OTHER THAN PREFERENCES THAT AFFECT SELECTION (JFAPPLICANTS .'--..4-8 Admissions &C0ntinUedOccupancy Policy Presented tDthe Board OfCommissioners on Sept.Z1,2DO4 HOUSING AUTHORITY DFTHE COUNTY DFCONTRA COSTA '� U AdMM�ss'[)Ms and Continued OccupancVP/nn , ���~�� �� ���������� xu�K��~. ���� �~~^, . �^~. . �� INCOME TARGET|NG -- ......................... —... ...................... ---.............. — ...........................4-8 UNITS DESIGNATED FOR THE DISABLED......................................... ............... ......... —... .... .....4-8 PROMOTION OF INTEGRATION ........................... ........... ............ — ...................... ................—4-9 OFFER OF PLACEMENT ON THE SECTION BWAITING LIST ........ ........................ ......... ...... 4-1O REMOVAL FROM WAITING LIST AND PURGING ........ ........ ... ........... ..... ............___.... _4-1O OFFER {]FACCESSIBLE UNITS..... —............ ...... —............................ ............ .........................4-1O PLANFOR UNIT OFFERS........ ................................................................. .................... ...........—4-11. CHANGES PRIOR TC> UNIT OFFER,.......... ......................... ...... ..................................... ....... 4-11 APPLICANT STATUS AFTER FINAL UNIT OFFER............. ........................ ..............____...... 4'12 TIME-LIMIT FOR ACCEPTANCE CJFUNIT..................................... ............... ........—...— ...... ....4-12 REFUSAL [}FOFFER.......................................... .............................. ......... .............. .... ............4-13 CHAPTER 5: OCCUPANCY GUIDELINES..........---'..........-..'...'^.~~~^~^^^^~^^~~'^~~^^^^`~^^~`^~^~~^~^~5-1 DETERMINING UNIT SIZE -- ........................................................ .............. .................. —.... —5-1 EXCEPTIONS TOOCCUPANCY STANDARDS .............. .............. --------'— .............. '5-2 ACCESSIBLEUNITS ......— ...........—...... ...................... ...............-----........................... ........5-4 FAMILY MOVES------------------------------------------'5-4 CHAPTER 6: DETERMINATION OF TOTAL TENANT PAYMENT.........................................6~1 MINIMUMF(ENT— ........... ....................... .........................— ....... .............................— ............ ...5-1 INCOMEAND ALLOWANCES .......................... ............--- ..................... .................... .......... �6-4 TRAINING INCOME EXCLUSIONS C24CFR 5]5O0( )l—..... ......— ................... ....... -- ........ ....O-5 DISALLOWANCE OF EARNED INCOME FF|(]M RENT DETERMINATIONS............—....... ......... 'O-8 INDIVIDUAL SAVINGS ACC[)UNTS—.......................... —.............___....... ......................... —'6-12 TRAINING PROGRAMS FUNDED BYHUD............................ — ...... ...............— ........—.... --O-12 WAGES FROM EMPLOYMENT WITH THE PHA[>RRESIDENT ORGANIZATION...------'6-12 AVERAGINGINCOME....................... ........... ....... ................—..................... ..................... ... '0-12 MINIMUMINCOME .................. ..................... —................ ........... .............. ..... —........ — ....—_8-13 INCOME [}FPERSON PERMANENTLY CONFINED TC) NURSING HOME --............................6-13 REGULAR CONTRIBUTIONS AND G|FTS — ..................................................... .......... ....... ........8-13 ALIMONY AND CHILD SUPPORT............................... ........ ....... .......... ............ .......................O-14 LUMP-SUM RECG]pTS-- .................................. ----------- ...... — .....___....... ... .8'14 CONTRIBUTIONS T{} RETIREMENT FUNDS -ASSETS.......... —....... ..................... ................. O-15 ASSETS DISPOSED {JFFOR LESS THAN FAIR MARKET VALUE............................................ '8-15 CHILDCARE EXPENSES.................................... ..........----............. ........... ....... .......---O-16 MEDICAL EXPENSES --------------------------------------'G-17 PRORATION OF ASSISTANCE FOR "M|XED" FAMILIES.... ......... —........................— ....... --'O-17 INCOME CHANGES RESULTING FROM WELFARE PROGRAM REQUIREMENTS.... — ........ 8-18 UTILITY ALLOWANCE AND UTILITY REIMBURSEMENT PAYMENTS...-- ......... ..... ...... ......6'19 EXCESSUTILITY PAYMENTS ................. ................ ......... ....... ...... .........--.... —.........—.......6-19 FAMILY CHOICE |K! FlENTG — ........... ...... ...___............ ........ ........ .......... ... ........... ........... O-2O PH/\SFLAT RENT METHODOLOGY.......... ................. ......... — ............ ........................ ........ O'21 � Admissions 6L.COntinQedOccupancy pOficy / Presented tothe Bo-rd OfCommissioners OnSept.2I,2OD4 ~ HOUSING AUTHORITY OFTHECDUNTY {)FC[)NTRAC'_"{}STA ` — U\ _ Admissions and Continued Occupancy D{an -��K~K� �� u���������� n "������ ���' ��~°, , �v�^ ^ �� CHAPTER 7: VERIFICATION PROCEDURES ~.~~.,.....``^^^~^^'^^^^^~^^~~^^^^~~~^``^^~^^`^^~~^^^^^^^~~^^~`^^`^^~7~1 METHODS C}FVERIFICATION AND TIME ALLOWED...... .................. ...... ......................... ........7-1 RELEASEC}FINFORMATION .............. ....................................................... ....... ......-- ...........—7-3 COMPUTERMATCHING ........ ............ ....... ....... ............................................................................7-3 ITEMSTO BEVERIFIED......... .................................. ....... ................... ..... .................................—/-4 VERIFICATIONOF INCOME ......... ...........— .................. .......................... ......... ........... ...... .......7'5 INCOMEFROM ASSETS.................. ............................................................ ................................7-13 VERIFICATIONOFASSETS............... ..............— ....... ............................. .............................. ....7-14 VERI|c{CuJ-K]N OF ALLOWABLE DEDUCTIONS FR[3K8 iNC{}K8E ----------------7-15 VERIFYING NON-FINANCIAL FACTORS........................................................... ........ ..................7-16 VERIFICATION [}FSUITABILITY FOR ADMISSION ........ ......... ............ ................. ....... ...........7-22 VERIFICATION OF WAITING LIST PREFERENCES CZ4CFR B6D.2O6l....................... ................ 7-23 CHAPTER 8: TRANSFER POLICY~......~~^^`~^~`~^^^^`^~^`^^~~^^~^^~'^~~`^^^`^'^~^^^~^~^^~^^^~^^^~^^^^^^~~^~^^~~^~8~1 GENERALGTA7EMENT......... ........—....... ................................. — .......................... ....... .............8-1 ELIGIBILITYFOR TRANSFER..................................................... —...................... ....... ........... ......O-1 PRIORITY OFTRANSFERS .......... — ................................... ............ ...................................... ..... 0-Z EMERGENCYTRANSFER ............... ............................................— .... ..........................................8-3 SPECIAL CIRCUMSTANCES TRANSFER.........--.......................... ............ ................... ...........B-3 MANDATORYTRANSFERS ........................ ....... ........... ........... .................. ...............___............8-A NTRANSFERS ........ ........—............. ............. .............. ...................... .............8-b KU(]\/UNG COSTS... ......... .................... ............................. ...... .......... ....... ....................... ...........8-5 SECURITYDEPOSITS ..... ........................................................... .............................................—...8-5 PROCESSINGTRANSFERS ...................... ............ — ........— ................... ........... — ................. 8-5 TRANSFER REQUEST PROCEDURE......................... .............. ...................................... —...... ...8-M RENT ADJUSTMENTS OFTRANSFERRED RESIDENTS........................................................... —8-6 REEXAMINATIOND/\TE—.................................. ................................ ..........................................U-/ CHAPTER9: LEASING.'.....................~...~,.........^^..~^`~^~~`~^~`^^^^^`^~^^`^^~^^~~^^~^^^^^^^~^^~~^`^^^^^^'^~~~~^^9-1 LEASE ORIENTATION... .............. ...... ............ ............... ...................... ......... ............. ............S-1 LEASEREQUIREMENTS ....................................— ............. ................ ................— ............. ........B'2 EXECUTIONOFLE/\SE —...... ..................................................... ......... ............................--.......9-2 ADDITIONSTOTHE LEASE.......................... .............. ....................... .... .... .............. .............Q-3 LEASING UNITS WITH ACCESSIBLE {}R ADAPTABLE FEATURES ............ ................. .............B'5 UTILITYSERVICES ...... ................. ...... ....................................................... ............ —...— .......9-5 SECURITY DEPOSITS ........ ...... ......... ............ ............................. .............. ...... ..........---.....9-b RENTPAYMENTS............ .............. ... ... ......... — ................. —.......................____.... ........9-8 FEES AND NONPAYMENT PENALTIES — ................ ................ ................ ..........— .......... .........9-7 SCHEDULES {}FSPECIAL CHARGES ........... ......................................................— .......... ...........9-7 MODIFICATIONS T{] THE LEASE........... ....... — ............. ............ ........... ........ ..................... ...8-7 CANCELLATION (]FTHE LEASE........... ............. ..... ................. ...............................................9'8 INSPECTIONS [)FPUBLIC HOUSING UNITS..... ....................... ............ -- ..............................9-8 Admissions @.00ntinuedOccupancy Policy Presented tOthe Board VfCommissioners ODSept.Zl, ZDO4 HOUSING AUTHORITY DFTHE COUNTY OFCONTRA COSTA � |V Admissions and — }Mf� lued occupancy PL—n '����~ �� �����f���f� . ~°=^~~ =, ~~~~, , �.~^ . �~ CHAPTER 10: PET POLICY— ELDERLYIDISABLED PROJECTS ......................................10-1 MANAGEMENT APPROVAL OF PETS..... .............. ................... ....... ........... ......................... 1O-1 STANDARDS FOR PETS........ ...................................... ...................... ................................... PETS TEMPORARILY ON THE PREMISES ..................... ...... .....................___........ --.—'—.10-4 DESIGNATION {)FPET/N{]-PETARE/\S-- ................................ ............................. ------1D-4 ADD�l{}N/\LFEES /\NDDEP{}S[TSF[}RPETS-------------------------1D-4 ALTERATIONS T{} UNIT................................................... ........... ....____....... .................... ........10'5 PET WASTE REMOVAL CH/\RC3E ..................... .................... ........... ........................................jO-5 PET AREA RESTRICTIONS ..................... ....................................... -- .......—................. ...... 1O'5 NOISE_........ ....... — ........ ..........—............................................. ................ — .................... ....1O-8 CLEANLINESS REQUIREMENTS .... ........... ......... ... ...... .......... ......... ........ ....... ..................1O-6 PETCARE...... ............ ........... ...... — ................ ................... ........ .......................... --- ....1O-8 RESPONSIBLE PARTIES .................................. —......... .................. ................ ............... ........1O-R INSPECTIONS.............. ............ ........................ ------ ........-- .................. ...... .............1U-6 PET POLICY VIOLATION NOTICE ...... ...................... --- ............................... ..........___... ... O'7 NOTICE FOR PET REK8(]\/Aj-- ..... ............................................. ................. ...... _ ... .... ..........1D-7 TERMINATION [}FTENANCY........ .... —.................................— ................ ............................... 1O-8 PETREMOVAL............................ ................................... ....... ---- ...... ........ ........ — ......1D-8 EMERGENCIES.............. ............................... ---........ ..................... ................... —.... .... —10-8 CHAPTER 11: PET POLICY— GENERAL OCCUPANCY (FAMILY) PROJECTS................11-1 ANIMALS THAT ASSIST, SUPPORT OR PROVIDE SERVICE TO PERSONS WITH DISABILITIES ------------ .......................................................... ------ ..........--- ....___....11-1 STANDARDS FOR PETS............. ........... ................................. -- ................. ........ ....... --��1-1 REGISTRATION [)FPETS..................... ............ —....... ............ ...................... ........ -----'11-3 AUTHORIZATION FOR PET OWNERSHIP FORM............. ................... ................ — .... ... ...�11-4 DESIGNATION [)FPET-FREE AREAS............. ...... .......... ...... .............. ......— ......... ---......�141-5 PETS TEMPORARILY {JNTHE PREMISES ....................... ............... ................... ......... ..... ....11`5 DEPOSITS FOR PETS..........................................--.................. ....... .................. ............... —'11-O ADDITIONAL PET FEES............... .......................----....... — ...............................— ............11-7 PET WASTE REMOVAL CHARGE ....................... ....... — ..... ...... — ........... ..... ...... ........ —11-7 PET AREA RESTRICTIONS ............................ ................. ....___........ ..................... ........ --'11-7 CLEANLINESS REQUIREMENTS ......................... ......................... .......... .......................... —'11-7 PETCARE....... ...............................................___.......... ..................___....................... --........ 11-7 RESPONSIBLE PARTIES (EMERGENCY CAREGIVER) .... ......... .........--............. ---....... 11-B INSPECTIONS ........... .......... ............... ................... .................____.....................----- ...11-8 PET POLICY VIOLATION NOTICE ...---...... .......... ........ ............-- ........... ....... 1-8 NOTICE FOR PET REMOVAL ............................................ ......... ...... ...........— ...... -- ...... '11-9 TERMINATION OF --------—-------------------------'11-S PETREMOVAL.... ........... ............................... .......____..................... — ..................... — ...11-B EMERGENCIES......................................................— ..........___............___..................... ........11-1O , , Admissions 6L'Continued Occupancy PO(iCy � Presentedt0the Board 0fCommissioners On Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA � - _--- /\dp1ss'(}ns and Continued Occupancy Plan -��LV ~ of Contents o "�K�K�� ��� �~~~` ` �^-" ^ �� CHAPTER 12: REEXAMINATIONS ^^^~~~~~^^`^^^~^~~~^^^^^^^^~^^^``^^~^^^~^'~.~...'......~....~..~..~..~~.~..~~^^.~^^12~1 ELIGIBILITY FOR CONTINUED OCCUPANCY _........................— ....... --.......... ......................12-1 12-1 /\NNUALREEX/\�||NATIC]hl-------------------------'----------' REPORTING INTERIM CHANGES ........... .................. .............................— ............... ..............12-4 |NC[}K8E CHANGES RESULTING FROM WELFARE PROGRAM REQUIREMENTS..... — ..... .....12-6 OTHER INTERIM REPORTING ISSUES ............-- ...... ...................... ..................... .................12-8 TIMELY REPORTING OF CHANGES IN INCOME (AND ASSETS) ................... ....................... —12-8 REPORTING C)FCHANGES IN FAMILY COMPOSITION................... ................... .....................12-1O REMAINING MEMBER C}FTENANT FAMILY - RETENTION [}FUNIT ......................... — .........13-15 CHANGESIN UNIT SIZE ................................................ .............. ......... ....................................12-15 CONTINUANCE (}FASSISTANCE FOR "M\XED" FAMILIES..... .............. ..................................12-15 CHAPTER 13: LEASE TERMINATIONS......,.^^^^~~~~``~~^~^^~^~~^^^^~`~^^`^^~^^~^^^^^`^~^^^`^`^~^^^^~^-~^^^^^^^^^^13-1 TERMINATIONBYTENANT.................... ..................................................................... ..............'13-1 TERMINATIONBYM/\CCC.................................................. ....... ..............................................— 13-1 13-1 H/\CCC LE/\S{� ---.—.---..---'—.'...------'----'.----'.----....—'..---'. RECORD KEEP|h|G —..... ........... ....................................................... ......................... .......... —13-1 TERMINATION DUET[) INELIGIBLE |K8K8|GR/\T}ON STATUS...- ............... —.........___............13-2 CHAPTER 14: COMPLAINTS, GRIEVANCES AND APPEALS............................................14-1 COMPLAINTS ..................................... — .................................... ... .... ............___............... .....14-1 APPEALSBYAPPLICANTS .... ...........— .....—...... .......... ............ .......... ...................................14-1 APPEALSBYTENANTS............................. .............. .................. ................. .............................. 14-2 HEARING AND APPEAL PROVISIONS FOR "RESTRICTIONS ON ASSISTANCE TO NON- CITIZENS".... ON- C[DZENS"—.-------------------------------------------'14-2 GRIEVANCE PROCEDURES -----------------------------------14'4 CHAPTER 16: FAMILY DEBTS TO THE PHA~~^~^^`^^^^^'^~^^^~~~~^^^`~^~^^~^~~^^^^^~^^``~~~'^^^~^`~^'^~~~~'~^^^^15~1 PAYMENT AGREEMENT FOR FAMILIES ...... ........................................ ......................... ............15-1 DEBTS DUE T{} FFLAUO/N[N'FlEP[}RTING {]FINFORMATION ... .......... .... ................ ..........15-2 WRITINGOFF DEBTS......... ... ............. — ...... .......... ......... .......—.......... .................... ...........15-3 CHAPTER 16: COMMUNITY SERVICE...~..^^~~^'^^^~^~~`~^^~^^^``^^^~^'`~^^~~~^~~~~^^^~^~~^~`^^^^^^~^^~~^~16-1 REQUIREMENT.....................____............. ............. ...... ........................ ....... ............ ---...1G-1 COMMUNITY SERVICE REQUIREMENT SUSPENDED.......................................-- ............. ....1U-1 EXEMPTIONS......... ......... .....................___................... ...................... ....—......... .......... ---16_1 [JEF}NOl(}N [}FECONOMIC SELF-SUFFICIENCY PROGRAM ................... ..................... — .....16-2 ANNUAL DETERMINATIONS ....................... — .............____..........................................--......1D-2 N{]NC[%NPL{AJNCE—............ ............................. ......................... ............ ....... ... ........ ........... 1O-3 PHARESPONSIBILITY................ ......... .....—......... ........................... ...... .................... ............16-3 Admissions (lContinued {}CCUp8Dcy POtiCV Presented tOthe Board of Commissioners on Sept.ZI.ZOD4 HOUSING /\UTHDR|TYDFTHE COUNTY DFCONTRA COSTA »i Admissions and Continued lccuMancV DLka M 7F���~ �� ���������� o ^^����� K��' ��,°, " ��'^ ^ �� PHA IMPLEMENTATION {}FCOMMUNITY SERVICE REQUIREMENT.............. --------'16-3 CHAPTER 17: SATELLITE DISH AND ANTENNA POLICY.................................................17~1 PURPOSE---------------------------------------------17-1 POLICY................................ ..................... .......................................... ... ........ ....... ....... ---17-1 CHAPTER 18: PUBLIC HOUSING HOMEOWNERSHIP PROGRAM ,........'.....~,,^~~,.,,,,,,,~,18~1 GENERAL PROVISIONS .............................................. ......____.... —......___....—...... ........— 18-1 ELIGIBLE PURCHASERS.........----------.............................................--- .......___...18-11 RIGHT OFFIRST REFUSAL...............---- .......--- .......--.................... -----......—'18-1 FAMILY ELIGIBILITY REQU|REMENT8 ......................___.... ..............___.... ......... ........ ......'18-�j FIRST TIME HOME OWNER REQUIREMENT --------------------------18-2 FAMILY PARTICIPATION REC>U|REW4ENT8—........................................... .......___......— ......... �18-4 RESTRICTION [)NSALE (]FAPUBLIC HOUSING UNIT .................... ...................... —...___...1B-6 RECAPTURE OFNET PROCEEDS (]NTHE SALE (]FPROPERTY..............................---......18-7 BELOW MARKET SALES AND FINANCING............ .................--................ .......____ -- ...... 18-7 TITLE RESTRICTION & ENCUMBRANCES ............... ............................ ........... ......---- .......18-8 PROTECTIONS AVAILABLE TO NON-PURCHASING PUBLIC HOUSING RESIDENTS...............18-8 OWNERSHIP INTERESTS THAT MAY BE CONVEYED TO APURCH/\SER— ................. ..........18-B WAIVER [)RMODIFICATION {}FHOME OWNERSHIP POLICIES.... ................ ....... — ............ 18-S GLOSSARY.................................................................................................................................1 TERMS USED IN DETERMINING RENT -------------------------------1 GLOSSARY OF HOUSING TERMS............ ........... ........................... ...............---- ................ '7 GLOSSARY <]FTERMS USED IN THE NONCITIZENS FYUUE .....................................—....... —....1O Admissions 8Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OFTHE COUNTY {}F CONTRA COSTA ' vU Chapter 1 : STATEMENT OF POLICIES AND OBJECTIVES INTRODUCTION The Public Housing Program was created by the U.S. Housing Act of 1937. Administration of the Public Housing Program and the functions and responsibilities of the Public Housing Authority (PHA) staff shall be in compliance with the HACCC's Personnel Policy, Memorandum of Understanding Public Employees Union, Local #1 and this Admissions and Continued Occupancy Policy. The administration of this FHA's housing program will also meet the requirements of the Department of Housing and Urban Development. Such requirements include any Public Housing Regulations, Handbooks, and applicable Notices. All applicable Federal, State and local laws, including Fair Housing Laws and regulations also apply. Changes in applicable federal laws or regulations shall supersede provisions in conflict with this policy. Federal regulations shall include those found in Volume 24 CFR, Parts 1, 5, 8, 100 and 900-966 (Code of Federal Regulations). This document refers to the Housing Authority of the County of Contra Costa (HACCC). In this document, the term "PHA" is used interchangeably with "HACCC." HOUSING AUTHORITY MISSION STATEMENT The Mission of the Housing Authority of the County of Contra Costa is to provide high quality affordable housing solutions and promote self-sufficiency for low-income people of Contra Costa County. LOCAL OBJECTIVES This Admissions and Continued Occupancy Plan for the Public Housing Program is designed to demonstrate that the PHA is managing its program in a manner that reflects its commitment to improving the quality of housing available to its public, and its capacity to manage that housing in a manner that demonstrates its responsibility to the public trust. In addition, this.Admissions and Continued Occupancy Policy is designed to achieve the fallowing objectives: • To provide improved living conditions for very low and low income families while maintaining their rent payments at an affordable level. • To operate a socially and financially sound public housing agency that provides decent, safe, and sanitary housing within a drug free, suitable living environment for tenants and their families. • To avoid concentrations of economically and socially deprived families in any one or all of the PHA's public housing developments. • To lawfully deny the admission of applicants, or the continued occupancy of residents, whose habits and practices reasonably may be expected to adversely affect the health, Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1-1 safety, comfort or welfare of other residents or the physical environment of the neighborhood, or create a danger to PHA employees. • To attempt to house a tenant body in each development that is composed of families with a broad range of incomes and rent-paying abilities that are representative of the range of incomes of low-income families in the PHA's jurisdiction. • To provide opportunities for upward mobility for families who desire to achieve self- sufficiency. • To facilitate the judicious management of the PWA inventory, and the efficient management of the PHA staff. • To formally assess customer feedback and make affirmative improvements. • To strengthen Resident Councils, Resident Management Corporations, and Resident Advisory Board. • To ensure compliance with Title VI of the Civil Rights Act of 1964 and all other applicable Federal laws and regulations so that the admissions and continued occupancy are conducted without regard to race, color, religion, creed, sex, national origin, handicap or familial status. PURPOSE OF THE POLICY The purpose of this Admissions and Continued Occupancy Policy (ACOP) is to establish guidelines for the Housing Authority of the County of Contra Costa (HACCC) staff to follow in determining eligibility for admission and continued occupancy. These guidelines are governed by the requirements of the Department of Housing and Urban Development (HUD) with latitude for local policies and procedures. These policies and procedures for admissions and continued occupancy are binding upon applicants, residents, and the HACCC. The HACCC's Advisory Housing Commission and Board of Commissioners must approve the original policy and any changes. Required portions of this Plan will be provided to HUD. FAIR HOUSING POLICY It is the policy of the HACCC to comply fully with all Federal, State and local nondiscrimination laws and with rules and regulations governing Fair Housing and Equal Opportunity in housing and employment. The PHA will comply with all laws relating to Civil Rights, including: • Title VI of the Civil Rights Act of 1964 • Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988) • Executive Order 11063 • Section 504 of the Rehabilitation Act of 1973 Admissions &.Continued Occupancy Policy Presented to the Board o;Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1-2 • The Age Discrimination Act of 1975 • Title 11 of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern) • Any applicable State laws or local ordinances and any legislation protecting individual rights of tenants, applicants or staff that may subsequently be enacted. The HACCC shall not discriminate because of race, color, sex, religion, familial status, disability, national origin, marital status, or sexual orientation in the leasing, rental, or other disposition of housing or related facilities, including land, that is part of any project or projects under the HACCC's jurisdiction covered by a contract for annual contributions under the United States Housing Act of 1937, as amended, or in the use or occupancy thereof. Posters and housing information are displayed in locations throughout the HACCC's office in such a manner as to be easily readable from a wheelchair. To further its commitment to full compliance with applicable Civil Rights laws, the PHA will provide Federal/State/local information to public housing residents regarding "discrimination" and any recourse available to them if they believe they are victims of discrimination. The PHA's Public Housing Offices are accessible to persons with disabilities. Accessibility for the hearing impaired is provided by the TDD telephone service provider. The PHA shall not, on account of race, color, sex, religion, familial status, disability, national origin, marital status, or sexual orientation: Deny to any family the opportunity to apply for housing, nor deny to any qualified applicant the opportunity to lease housing suitable to its needs; Provide housing that is different from that provided to others; Subject a person to segregation or disparate treatment; Restrict a person's access to any benefit enjoyed by others in connection with the housing program; Treat a person differently in determining eligibility or other requirements for admission; or Deny a person access to the same level of services. The PHA shall not automatically deny admission to a particular group or category of otherwise qualified applicants (e.g., families with children born to unmarried parents, elderly families with pets). SERVICE AND ACCOMMODATIONS POLICY It is the policy of the Housing Authority of the County of Contra Costa to provide courteous and efficient service to all applicants for housing assistance. In that regard, the PHA will endeavor to accommodate persons with disabilities, as well as those persons with language and literacy barriers. Admissions &.Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSfNG AUTHORITY OF THE COUNTY OF CONTRA COSTA 1-3 This policy is applicable to all situations described in this Admissions and Continued Occupancy Policy when a family initiates contact with the PHA, when the PHA initiates contact with a family including when a family applies, and when the PHA schedules or reschedules appointments of any kind. It is the policy of this PHA to be service-=directed in the administration of our housing programs, and to exercise and demonstrate a high level of professionalism while providing housing services to the families within our jurisdiction. The PHA's policies and practices will be designed to provide assurances that all persons with disabilities will be provided reasonable accommodation so that they may fully access and utilize the housing program and related services. The availability of specific accommodations will be made known by including notices on PHA forms and letters to all families, and all requests will be verified so that the PHA can properly accommodate the need presented by the disability. Federal Americans with Disabilities Act of 1990 With respect to an individual, the term "disability," as defined by the 1990 Act means: • A physical or mental impairment that substantially limits one or more of the major life activities of an individual; or • A record of such impairment, or • Being regarded as having such impairment. Undue Hardship Requests for reasonable accommodation from persons with disabilities will be granted upon verification that they meet the need presented by the disability and they do not create an "undue financial and administrative burden" for the PHA, meaning an action requiring "significant difficulty or expense." In determining whether accommodation would create an undue hardship, the following guidelines will apply: • The nature and cost of the accommodation needed; • The overall current financial resources of the facility or facilities involved in the provision of the reasonable accommodation; and • The number of persons currently employed at such facility, the number of families likely currently to need such accommodation, the effect on expenses and resources, or the likely impact on the operation of the facility as a result of the accommodation. Verification of a Request for Accommodation All requests for accommodation or modification of a unit will be verified with a reliable, knowledgeable, professional. Admissions & Continued Occuparcy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1-4 Requests for reasonable accommodation from persons with disabilities will be granted upon verification that they meet the need presented by the disability. The PHA will require verification from a knowledgeable professional when a request for a home visit recertification is submitted. Reasonable Accommodation Reasonable accommodation will be made for persons with a disability who require an advocate or accessible offices. A designee will be allowed to provide some information, but only with the permission of the person with the disability. All PHA mailings will be made available in an accessible format upon request, as a reasonable accommodation. Application Process For purposes of this section, the Housing Authority of the County of Contra Costa will make the following types of accommodations to persons with disabilities to facilitate the application process: • Permitting the submission of applications or certification forms via mail. • Permitting an authorized designee by Power of Attorney to participate in the application or certification process. • Providing assisted listening devices/ a certified sign language interpreter/ a Braille interpreter/other to facilitate the application or certification process. Recertification by Mail The PHA will permit the family to submit annual and interim recertification forms through the mail; when the PHA has determined that the request is necessary as a reasonable accommodation. The mail-in packet will include notice to the family of the PHA's deadline for returning the completed forms to the PHA. If there is more than one adult member in the household, but only one is disabled, recertifications will not be processed through the mail. In such cases, to have the PHA conduct the recertification by a home visit or to have the able adult family members come in for the appointment and then take the necessary forms home to the member with a disability for completion and signature. Admissions & Continued Occupancy Policy Presented to the Board o4�Commissioners on Sept.2", 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1-S Home Visits Where the need for reasonable accommodation has been established, the PHA will conduct home visits to residents to conduct annual and interim recertifications. Other Accommodations: • The Housing Authority utilizes organizations that provide assistance for hearing- and sight-impaired persons when needed. • Families will be offered an accessible unit, upon request by the family, when an accessible unit is available. • The PHA will refer families who have persons with disabilities to agencies in the community that offer services to persons with disabilities. TRANSLATION OF DOCUMENTS The PHA will endeavor to have bilingual staff or access to people who speak languages other than English. LANGUAGE ASSISTANCE The PHA will provide readers to assist persons with literacy barriers in completing the application and certification process. PUBLIC HOUSING ASSESSMENT SYSTEM (PHAS) OBJECTIVES [24 CFR 901 & 902] The PHA operates its public housing program with efficiency and can demonstrate to HUD or independent auditors that the PHA is using its resources in a manner that reflects its commitment to quality and service. The PHA policies and practices are consistent with the new Public Housing Assessment System (PHAS) outlined in the 24 CFR Parts 901 and 902 final published regulations. FAMILY OUTREACH The PHA will publicize and disseminate information to make known the availability of housing units and housing-related services for very low income families on a regular basis. The PHA will communicate the status of housing availability to other service providers in the community. The PHA will advise them of housing eligibility factors and guidelines in order that they can make proper referrals for those who seek housing. When the PHA`s waiting list is open, the PHA will periodically publicize the availability and nature of housing assistance for very low income and low income families in a newspaper of general circulation, including local minority publications and other suitable means. Notices will be provided in other languages as requested. Admissions &Continued Occupancy Po{icy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1-6 PRIVACY RIGHTS Applicants and participants, including all adults in their households, are required to sign the form HUD-9888, "Authorization for Release of Information and Privacy Act Notice. This document incorporates the Federal Privacy Act Statement and describes the conditions under which HUD will release family information. The PHA's policy regarding release of information is in accordance with State and local laws that may restrict the release of family information. Any and all information that would lead one to determine the nature and/or severity of a person's disability must be kept in a separate folder and marked "confidential." The personal information in this folder must not be released except on an "as needed" basis in cases where an accommodation is under consideration. All requests for access and granting of accommodations based on this information must be approved by the staff person designated by the Director of Managed Housing Programs or Deputy Executive Director for Operations. The PHA's practices and procedures are designed to safeguard the privacy of applicants and tenants. Files will never be left unattended or placed in common areas. PHA staff will not discuss or access family information contained in files unless there is a business reason to do so. Staff will be required to disclose whether s/he has relatives living in Public Housing. Inappropriate discussion of family information or improper disclosure of family information by staff will result in disciplinary action. POSTING OF REQUIRED INFORMATION The PHA will maintain a bulletin board in a conspicuous area of the Central Office that will contain: • Statement of policies and procedures governing Admissions and Continued Occupancy Policy {ACOP} or a notice of where the policy is available • A notice of where the PHA 5-year Plan and PHA Annual Plan are available • Information on application taking • Directory of the PHA's housing sites including names, address of offices and office hours at each facility. • Income limits for Admission • Current schedule of routine maintenance charges • A copy of the lease • The PHA's grievance procedures • A Fair Housing Poster • An Equal Opportunity in Employment poster • Current Resident Notices Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1-7 • Required public notices • Security Deposit Charges • Information an preferences • Schedule of Utility Allowances (if applicable) • Information on Screening and Eviction for Drug Abuse and other Criminal Activity. Site developments will maintain a bulletin board in a conspicuous place which will contain: Tenant Selection policies (960.202 and 960.203) Information on application taking income limits for admission Current schedule of maintenance charges Copy of lease PHA's grievance procedures Fair Housing poster Equal Opportunity in Employment poster Current Resident Notices Security Deposit charges Zero Tolerance Policy (sexual harassment) Fraud Hotline Information Mission Statement Information on Screening and Eviction for Drug Abuse and Other Criminal Activity. TERMINOLOGY The Housing Authority of the County of Contra Costa is referred to as "PHA" or "Housing Authority„ or "HA" or "HACCC" throughout this document. "Family" is used interchangeably with "Applicant," "Resident" or "Participant" or and can refer to a single-person family. "Tenant" is used to refer to participants in terms of their relation as a lessee to the PHA as the landlord. "Landlord" refers to the PHA. "Disability," is used where "handicap" was formerly used. "Noncitizens Rule" refers to the regulation effective June 19, 1995, restricting assistance to U.S. citizens and eligible immigrants. See Glossary for other terminology. Admissions &Continued Occupancy Policv Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1_g Chapter 2: ELIGIBILITY FOR ADMISSION [24 CFR Part 960, Subpart S] INTRODUCTION This Chapter defines both HUD's and the PHA's criteria for admission and denial of admission to the program. The policy of this PHA is to strive for objectivity and consistency in applying these criteria to evaluate the qualifications of families who apply. The PHA staff will review all information provided by the family carefully and without regard to factors other than those defined in this Chapter. Families will be provided the opportunity to explain their circumstances, to furnish additional information, if needed, and to receive an explanation of the basis for any decision made by the PHA pertaining to their eligibility. QUALIFICATION FOR ADMISSION It is the PHA's policy to admit qualified applicants only. An applicant is qualified if he or she meets the following criteria: Is a family as defined in this Chapter; Head of household where at least one member of the household is either a citizen or eligible non-citizen. (24 CFR Part 5, Subpart E). Has an Annual Income at the time of admission that does not exceed the low income limit for occupancy established by HUES and posted separately in the PHA offices. Provides a Social Security number for all family members, age 6 or older, or will provide written certification that they do not have Social Security numbers or birth certificate. All adult family members and head of household to provide valid picture iD. Meets or exceeds the tenant Selection and Suitability Criteria as set forth in this policy, including the attendance and successful completion of the PHA's pre-occupancy briefing session. Timing for the Verification of Qualifying Factors The qualifying factors of eligibility will not be verified until the family is in a position on the waiting list to be offered a housing unit. The qualifying factors of eligibility including citizenship status, will be verged when the family is screened. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-1 FAMILY COMPOSITION Definition of Family The applicant must qualify as a Family. A Family may be a single person or a group of persons. [Discrimination on the basis of familial status is prohibited, and a group of persons may not be denied solely on the basis that they are not related by blood, marriage or operation of law. For occupancy standards purposes, the applicant may claim a spousal relationship] (see chapter on Occupancy Guidelines). A group of persons is defined by the PHA as two or more persons who intend to share residency, whose income and resources are available to meet the family's needs, and who will live together in PHA housing. Elderly, disabled, and displaced families are defined by HUD in CFR 5.403. The term "Family" also includes, but is not limited to: A family with or without children; An elderly family; A disabled family; A displaced family; The remaining member of a tenant family; A single person who is not elderly, displaced, or a person with disabilities, or the remaining member of a tenant family; Two or more elderly or disabled persons living together, or one or more elderly or disabled persons living with one or more live-in aides is a family; Two or more near-elderly persons living together, or one or more near-elderly persons living with one or more live-in aides. The temporary absence of a child from the home due to placement in foster care shall not be considered in determining the family composition and family size Occupancy by Police Officers In order to provide an increased sense of security for public housing residents the PHA may allow public housing units to be occupied by police officers. Police officers will not be required to be income eligible to qualify for admission to the PHA's public housing program. Head of Household The head of household is the adult member of the household (18 years of age or older or an emancipated minor) who is designated by the family as head, is completely or partly responsible for paying the rent, and has the legal capacity to enter into a lease under State/local law. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-2 Emancipated minors who qualify under Mate law will be recognized as head of household if there is a court order recognizing them as an emancipated minor. Persons who are married are legally recognized as adults under State law. Sponse of Head Spouse means the husband or wife of the head. For proper application of the Noncitizens Rule, the definition of spouse is: the marriage partner who, in order to dissolve the relationship, would have to be divorced, It includes the partner in a common law marriage. The term "spouse" does not apply to boyfriends, girlfriends, significant others, or co-heads. Co-head An individual in the household who is equally responsible for the lease with the Head of Household. A household may have either a spouse or co-head, but not both. A co-head never qualifies as a dependent. Live-in Attendants A Family may include a live-in aide provided that such live-in aide: Is determined by the PHA to be essential to the care and well being of an elderly person, a near-elderly person, or a person with disabilities, Is not obligated for the support of the person(s), and Would not be living in the unit except to provide care for the person(s). A live-in aide is not considered to be an assisted family member and has no rights or benefits under the program: Income of the live-in aide will not be counted for purposes of determining eligibility or level of benefits. Live-in aides are not subject to Noncitizen Rule requirements. Live-in aides may not be considered as a remaining member of the tenant family. Relatives are not automatically excluded from being live-in aides, but they must meet all of the elements in the live-in aide definition described above. Family members of a live-in attendant may also reside in the unit, providing doing so does not increase the subsidy by the cost of an additional bedroom and that the presence of the family member(s) does not overcrowd the unit. A Live-in Aide may only reside in the unit with the approval of the PHA. Written verification will be required from a reliable, knowledgeable professional, such as a doctor, social worker, or caseworker. The verification provider must certify that a live-in aide is needed for the care of the family member who is elderly, or disabled. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-3 A signed Verification from a physician of the need for a live-in aide must include the hours the care will be provided. After the PHA approves the addition of a live-in aide on behalf of a resident, the resident must submit a specific live-in aide's name and information for approval by the PHA within 30 calendar days of the PHA's notification. If the 30 calendar days expire, the resident will have to resubmit an application for approval of a live-in aide. A specific live-in aide may only reside in the unit with the approval of the PHA. The PHA shall make the live-in aide subject to the agency's normal screening criteria. The PHA will require the live-in aide to execute a Live-in Aide Statement/Release agreeing to abide by the terms and conditions of occupancy set forth in the lease agreement. If the live-in aide violates provisions of the Statement Release, the PHA may take action against the live-in aide separate from action against the assisted family. If the live-in aide or their family members participate in drug-related or criminal activity, the PHA will rescind the aide's right to occupy the unit. When the agency takes such action against the live-in aide, the aide is not entitled to the grievance hearing process of the agency. The PHA has the right to disapprove a request for a live-in aide based on the "Other Eligibility Criteria" described in this Chapter. MANDATORY SOCIAL SECURITY NUMBERS [24 CFR 5.216] Families are required to provide verification of Social Security Numbers for all family members age 6 and older prior to admission, if they have been issued a number by the Social Security Administration. This requirement also applies to persons joining the family after admission to the program. Failure to furnish verification of social security numbers is grounds for denial of admission or termination of tenancy. If a member does not have a Social Security Number they must sign a certification stating that they do not have one. The certification shall: • state the individual's name, • state that the individual has not been issued a Social Security Number; • state that the individual will disclose the Social Security Number, if they obtain one at a later date; • be signed and dated. Admissions &Continued Occuparncy Po icy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-4 CITIZENSHIPIELIGIBLE IMMIGRATION STATUS In order to receive assistance, a family member must be a U.S. citizen or eligible immigrant. Individuals who are neither may elect not to contend their status. Eligible immigrants are persons who are in one of the six immigrant categories as specified by HUD. For the Citizenship/Eligible Immigration requirement, the status of each member of the family is considered individually before the family's status is defined. Mixed Families. A family is eligible for assistance as long as at least one member is a citizen or eligible immigrant. Families that include eligible and ineligible individuals are called "mixed". Such applicant families will be given notice that their income-based assistance (TTP) will be pro- rated and that they may request a hearing if they contest this determination. If such a family chooses flat rent, the flat rent will not be pro-rated if the flat rent is greater than the Public Housing Maximum Rent. If the Public Housing Maximum Rent is greater than the flat rent, and the family chooses flat rent, the flat rent will be pro-rated. No eligible members. Applicant families that include no eligible members will be ineligible for assistance. Such families will be denied admission and offered an opportunity for a hearing. Noncitizen students defined by HUD in the noncitizen regulations are not eligible for assistance. The PHA will establish and verify eligibility no later than the date of the family's annual reexamination following October 21, 1998. No individual or family applying for financial assistance may receive such financial assistance prior to the affirmative establishment and verification of eligibility of at least one individual or family member. OTHER ELIGIBILITY CRITERIA All applicants will be processed in accordance with HUD's regulations (24 CFR Part 980) and sound management practices. Applicants will be required to demonstrate ability to comply with essential provisions of the lease as summarized below, but not limited to: All applicants must demonstrate through an assessment of current and past behavior the ability: • to pay rent and other charges as required by the lease in a timely manner; • to care for and avoid damaging the unit and common areas; • to use facilities, appliances and equipment in a reasonable way; • to create no health or safety hazards, and to report maintenance needs in a timely manner; • not to interfere with the rights and peaceful enjoyment of others and to avoid damaging the property of others; Admissions &Continued Occupancy Policy, Presented to the Board of Commissioners on Sept.21;2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-5 ............. ........ • not to engage in criminal activity or alcohol abuse that threatens the health, safety or right to peaceful enjoyment of other residents or staff and not to engage in drug- related criminal activity on or off the PHA premises; • not to have ever been convicted of manufacturing or producing methamphetamine, also known as "speed," on the premises of assisted housing; • not to contain a household member subject to lifetime sex offender registration requirement under a State Sex offender registration program; • not to have committed fraud, bribery or any other corruption in connection with any federal housing assistance program, including the intentional misrepresentation of information related to their housing application or benefits derived there from; • shall not use any other housing assisted program's addresses as mailing address. • to comply with necessary and reasonable rules and program requirements of HUD and the PHA; and, to comply with local health and safety codes. Denial of Admission for Previous Debts to This or Any Other PHA Previous outstanding debts to this PHA or any PHA resulting from a previous tenancy in the public housing or Section 8 program must be paid in full prior to admission, No Payment Agreement will be accepted. However, the PHA reserves the right, in the case of extreme hardship, to enter into a Payment Agreement, Full documentation of the hardship will be required. In no case will the debt be forgiven. Either spouse is responsible for the entire debt incurred as a previous PHA tenant. Children of the head or spouse who had incurred a debt to the PHA will not be held responsible for the parent's previous debt. DENIAL OF ADMISSION FOR DRUG-RELATED ANWOR OTHER CRIMINAL ACTIVITY Purpose All federally assisted housing is intended to provide a place to live and raise families, not a place to commit crime, to use or sell drugs or terrorize neighbors. It is the intention of the Housing Authority of the County of Contra Costa to fully endorse and implement a policy that is designed to: • Help create and maintain a safe and drug-free community; • Keep our program participants free from threats to their personal and family safety; • Support parental efforts to instill values of personal responsibility and hard work; • Help maintain an environment where children can live safely, learn and grow up to be productive citizens; and • Assist families in their vocation a I/ed ucatio nal goals in the pursuit of self-sufficiency. Admissions &Continued occupancy policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-6 Administration All screening procedures shall be administered fairly and in such a way as not to discriminate on the basis of race, color, nationality, religion, sex, familiai status, disability or against other legally protected groups, and not to violate right to privacy. To the maximum extent possible, the PHA will involve other community and governmental entities in the promotion and enforcement of this policy. This policy will be posted on the PHA`s bulletin board and copies made readily available to applicants and tenants upon request. HUD Definitions "Drug-related criminal activity" is the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute or use a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). Drug-related criminal activity means on or off the premises, not just on or near the premises. "Covered person" means a tenant, any member of the tenant's household, a guest, or another person under the tenant's control "Criminal activity„ includes any criminal activity that threatens the health, safety or right to peaceful enjoyment of the resident's public housing premises by other residents or employees of the PHA. "Drug" means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). "Guest" for purposes of this Chapter, means a person temporarily staying in the unit with the consent of a tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant. "Household" means the family and PHA-approved live-in aide. "Other person under the tenant's control," for the purposes of the definition of"covered person," means that the person, although not staying as a guest (as defined above) in the unit is, or was at the time of the activity in question, on the premises (as defined in this section) because of an invitation from the tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant. "Premises" means the building or complex or development in which the public housing dwelling unit is located, including common areas and grounds. "Violent criminal activity" means any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage. , Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-7 Screening for Drug Abuse and Other Criminal Activity In an effort to prevent drug related and other criminal activity, as well as other patterns of behavior that pose a threat to the health, safety or the right to peaceful enjoyment of the premises by other residents, the PHA will endeavor to screen applicants as thoroughly and fairly as possible. If in the past the PHA initiated a lease termination, which may or may not have resulted in eviction for any reason cited under the Screening and Eviction for Drug Abuse and Other Criminal Activity Notice, for a family, as a prior resident of public housing, the PHA shall have the discretion to consider all circumstances of the case regarding the extent of participation by non-involved family members. Initial screening will be limited to routine inquiries of the family and any other information provided to the PHA regarding this matter. The inquiries will be standardized and directed to all applicants by inclusion in the application form. If as a result of the standardized inquiry, or the receipt of a verifiable referral, there is indication that the family or any family member is engaged in drug-related criminal or violent criminal activity, the PHA will conduct closer inquiry to determine whether the family should be denied admission. If the screening indicates that any family member has been arrested or convicted within the prior 12 months for drug-related or violent criminal activity, the PHA shallobtain verification through NTN (National Tenant Network) and/or police/court records. Use of FBI and Law Enforcement Records The PHA will check criminal history for all to determine whether any member of the family has engaged in violent or drug-related criminal activity. The PHA will check criminal history for all adults in the household to determine whether any member of the family is subject to a lifetime sex offender registration requirement. Verification of any past activity will be done prior to final eligibility and will include a check of conviction records. The PHA may do a name check only through its local law enforcement agency to access limited information from the National Crime Information Center (NCIC). Standard for Violation • Persons evicted from public housing, Indian housing, Section 23, or any Section 8 program because of drug-related criminal activity are ineligible for admission to'Public Housing for a three-year period beginning on the date of such eviction. • The PHA will not waive this requirement. • The PHA will admit the household if the PHA determines: Admissions &Continued Occupancy Policy Presented to the Board orCommissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-8 • The person demonstrates successful completion of a rehabilitation program approved by the PHA, or • The circumstances leading to the eviction no longer exist. For example, the individual involved in drugs is no longer in the household because the person hes died or is imprisoned. • No member of the applicant's family may have engaged in drug related or violent criminal activity within the past 12 months. • The PHA will deny participation in the program to applicants where the PHA determines there is reasonable cause to believe that the person is illegally using a controlled substance or engages in drug-related or other criminal activity. The same will apply if it is determined that the person muses alcohol in a way that may interfere with the health, safety or right to peaceful enjoyment of the premises by other residents. This includes cases where the PHA determines that there is a pattern of illegal use of controlled substances or a pattern of alcohol abuse. The PHA will consider the use of a controlled substance or alcohol to be a pattern if there is more than one incident during the previous 12 months. "Engaged in or engaging in or recent history of drug-related criminal activity means any act within the past one year by applicants or participants, household members, or guests which involved drug-related criminal activity including, without limitation, drug-related criminal activity, possession and/or use of narcotic paraphernalia, which did or did not result in the arrest and/or conviction of the applicant or participant, household members, or guests. "Engaged in or engaging in or recent history of' criminal activity means any act within the past one year by applicants or participants, household members, or guests which involved criminal activity that would threaten the health, safety or right to peaceful enjoyment of the public housing premises by other residents or employees of the PHA, which did or did not result in the arrest and/or conviction of the applicant or participant, household members, or guests. In evaluating evidence of negative past behavior, the PHA will give fair consideration to the seriousness of the activity with respect to how it would affect other residents, and/or likelihood of favorable conduct in the future which could be supported by evidence of rehabilitation. The PHA will waive the requirement regarding drug-related criminal activity if. • The person demonstrates successful completion of a credible rehabilitation program approved by the PHA; or • The person demonstrates consistent participation in professional rehabilitation for two of the past three years; or • The individual involved in drug-related criminal activity is no longer in the household because the person is incarcerated. • The PHA may permit eligibility for occupancy and impose conditions that the involved family member{s} does not reside in the unit. The PHA will consider evidence that the person is no Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.22, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-9 longer in the household such as divorce decree/incarceration/death/copy of a new lease with the owner's telephone number and address/or other substantiating evidence. Permanent Denial of Admission The PHA will permanently deny admission to public housing persons convicted of manufacturing or producing methamphetamine on the premises of the assisted housing project in violation of any Federal or State law. "Premises" is defined as the building or complex in which the dwelling unit is located, including common areas and grounds. The PHA will not waive this requirement. Prohibition on Persons Subject to Lifetime Sex Offender Registration Requirement No family member may be subject to a lifetime sex offender registration requirement. This provision will not be waived, The PHA shall perform necessary criminal history background checks in the State where the housing is located and in any other States where household members are known to have resided, Other Criminal Activity "Other criminal activity" means a history of criminal activity involving crimes of actual or threatened violence to persons or property, or a history of other criminal acts, conduct or behavior which would adversely affect the health, safety, or welfare of other residents. For the purposes of this policy, this is construed to mean that a member of the current family has been arrested or convicted of any criminal or drug-related criminal activity within the past 12 months. HUD defines violent criminal activity as any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against a person or property, and the activity is being engaged in by any family member. Applicants and/or their household members who have been convicted of criminal sexual conduct, including but not limited to sexual assault, incest, statutory sexual seduction, open and gross lewdness, or child abuse, and are required by law to register as a sex offender will be prohibited from participation in the public housing program. No family member may have engaged in or threatened abusive or violent behavior toward PHA personnel at any time, No family member may have committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program. Even if a person has served time in jail and has now been released on probation, that person cannot be admitted into public housing unless a year has passed since the completion of probation. If the only sentence was probation, a year must have elapsed, without incident, since completion of probation, in order to be considered eligible for public housing. Admissions &Continued Occupancy Policy Presented to the Board o�Com m isgioners on. Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-10 A person who is released from jail with no probation requirement would have to operate on the outside for one year with no further evidence of the prohibited activities in order to be considered eligible for admission. A person who has been convicted of any crime involving bodily injury would not be considered for admission until a year has passed since full repaying of the social debt, including probation. Evidence The PHA must have evidence of the violation. "Preponderance of evidence" is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. The intent is not to prove criminal liability, but to establish that the act(s) occurred. Preponderance of evidence is not to be determined by the number of witnesses, but by the greater weight of all evidence. "Credible evidence" may be obtained from police and/or court records. Testimony from neighbors, when combined with other factual evidence, can be considered credible evidence. Other credible evidence includes documentation of drug raids or arrest warrants, evidence gathered by PHA inspectors and/or investigators, and evidence gathered from the PHA Hotline. The PHA may pursue fact-finding efforts as needed to obtain credible evidence. Obtaining information from Drug Abuse Treatment Centers The PHA will. Request for all families. The PHA will inquire of all applicants whether they are currently using or in the past have ever engaged in the illegal use of a controlled substance. The PHA will inquire of all applicants who respond in the affirmative whether they are currently receiving treatment or have ever received treatment at a drug abuse treatment facility. Confidentiality of Criminal Records The PHA will ensure that any criminal record received is maintained confidentially, not misused or improperly disseminated, and destroyed once the purpose for which it was requested is accomplished. All criminal reports, while needed by PHA staff for screening for criminal behavior, will be housed in a locked file with access restricted to individuals responsible for such screening. Misuse of the above information by any employee will be grounds for termination of employment. Penalties for misuse are contained in Personnel Policies and MOU. If the family is determined eligible for initial or continued assistance, the PHA's copy of the criminal report shall be shredded as soon as the information is no longer needed for eligibility or continued assistance determination. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-11 If the family's assistance is denied or terminated, the criminal record information shall be shredded immediately upon completion of the review or hearing procedures and a final decision has been made. The PHA will document in the family's file that the family was denied admission or the tenancy was terminated due to findings in the Criminal History Report. Disclosure of Criminal Records to Family Before the PHA takes any adverse action based on a criminal conviction record, the applicant will be provided with a copy of the criminal record and an opportunity to dispute the record. Applicants will be provided an opportunity to dispute the record at an informal hearing. Tenants may contest such records at the grievance hearing or court hearing in the case of evictions. Hearings (See Chapter titled "Complaints, Grievances and Appeals.") If information is revealed that would cause the PHA to deny admission to the household and the person disputes the information, s/he shall be given an opportunity for an informal hearing according to the PHA's hearing procedures outlined in the Chapter on Complaints, Grievances and Appeals. SCREENING FOR SUITABILITY [24 CFR 950.203, 960.204, 950.205] In developing its admission policies, the aim of the PHA is to attain a tenant body composed of families with a broad range of incomes and to avoid concentrations of the most economically deprived families and families with serious social problems. Therefore, it is the policy of the PHA to deny admission to applicants whose habits and practices may reasonably be expected to have a detrimental effect on the operations of the development or neighborhood, or on the quality of life for its residents. The PHA will conduct a detailed interview of all applicants. The interview form will contain questions designed to evaluate the qualifications of applicants to meet the essential requirements of tenancy. Answers will be subject to third party verification. An applicant's intentional misrepresentation of any information related to eligibility, award of preference for admission, housing history, allowances, family composition or rent will result in denial of admission. Applicants must be able to demonstrate the ability and willingness to comply with the terms of the lease, either all or with assistance that they can demonstrate that they have or will have at the time of admission. (24 CFR 8.3, Definition: Qualified Individual with Handicaps) The availability of assistance is subject to verification by the PHA. Admissions s,Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21.,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-22 The PHA does not permit a parent or legal guardian to co-sign the lease on the applicant's behalf if the head of household is under 18 and, under State/local law, does not have the legal capacity to enter into a legally binding contract As a part of the final eligibility determination, the PHA will screen each applicant household to assess their suitability as renters. The PHA will complete a rental history check on all applicants. The PHA will complete a credit check on all applicants. The PHA shall rely upon sources of information which may include, but not be limited to, PHA records, personal interviews with the applicant or tenant, interviews with previous landlords, employers, family social workers, parole officers, criminal and court records, clinics, physicians or the police department, and home visits for persons who have had negative landlord reference(s) for poor housekeeping habits. This will be done in order to determine whether the individual attributes, prior conduct, and behavior of a particular applicant is likely to interfere with other tenants in such a manner as to diminish their enjoyment of the premises by adversely affecting their health, safety or welfare. Factors to be considered in the screening are housekeeping habits, rent paying habits, prior history as a tenant, criminal records, the ability of the applicant to maintain the responsibilities of tenancy, and whether the conduct of the applicant in present or prior housing has been such that admission to the program would adversely affect the health, safety or welfare of other residents, or the physical environment, or the financial stability of the project. The PHA's examination of relevant information pertaining to past and current habits or practices will include, but is not limited to, an assessment of: • The applicant's past performance in meeting financial obligations, especially rent. • Eviction or a record of disturbance of neighbors sufficient to warrant a police call, destruction of property, or living or housekeeping habits at present or prior residences which may adversely affect the health, safety, or welfare of other tenants or neighbors. • Any history of criminal activity on the part of gny applicant family member involving criminal acts, including drug-related criminal activity. • Any history or evidence of repeated acts of violence on the part of an individual, or a pattern of conduct constituting a danger to peaceful occupancy by neighbors. • Any history of initiating threats or behaving in a manner indicating an intent to assault employees or other tenants. • Any history of alcohol or substance abuse that would threaten the health, welfare, or right to peaceful enjoyment of the premises by other residents. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-13 The ability and willingness of an applicant to comply with the essential lease requirements will be verified and documented by the PHA. The information to be considered in the screening process shall be reasonably related to assessing the conduct of the applicant and other family members listed on the application in present and prior housing. The history of applicant conduct and behavior must demonstrate that the applicant family can reasonably be expected not to: Interfere with other residents in such a manner as to diminish their peaceful enjoyment of the premises by adversely affecting their health, safety, or welfare. [24CFR 960.203(c)] Adversely affect the physical environment or financial stability of the project. [24CFR 960.203(c)] Violate the terms and conditions of the lease. [24CFR 960.203(c)]. Require services from PHA staff that would alter the fundamental nature of the PHA's program. [24 CFR 8.31 Rent Paying Habits The PHA will examine any Housing Authority records from a prior tenancy, and will request written references from the applicant's current landlord and may request written references from former landlords. Based upon these verifications, the PHA will determine if the applicant was chronically late with rent payments, was evicted at any time for nonpayment of rent, or had other legal action initiated against him/her for debts owed. Any of these circumstances could be grounds for an ineligibility determination, depending on the amount of control the applicant had over the situation. The PHA will undertake a balancing test that will consider: (1) amount of former rent; (2) loss of employment; (3) death or divorce from primary support; (4) illness or other circumstances beyond applicant's control. Any of these circumstances could be grounds for an ineligibility determination, depending on the amount of control the applicant had over the situation. Screening Applicants Who Claim Mitigating Circumstances: Mitigating circumstances are facts relating to the applicant's record of unsuitable rental history or behavior, which, when verified would indicate both: (1) the reason for the unsuitable rental history and/or behavior; and (2) that the reason for the unsuitable rental history and behavior is no longer in effect or is under control, and the applicant's prospect for lease compliance is an acceptable one, justifying admission. If unfavorable information is received about an applicant, consideration shall be given to the time, nature, and extent of the applicant's conduct and to factors that might indicate a reasonable probability of favorable future conduct. In order to be factored into the PHA's screening assessment of the applicant, mitigating circumstances must be verifiable: Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21; 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-14 If the mitigating circumstances claimed by the applicant relate to a change in disability, medical condition or course of treatment, the PHA shall have the right to refer such information to persons who are qualified and knowledgeable to evaluate the evidence and to verify the mitigating circumstance. The PHA shall also have the right to request further information reasonably needed to verify the mitigating circumstance, even if such information is of a medically confidential nature. Such inquiries will be limited to the information necessary to verify the mitigating circumstances or, in the case of a person with disabilities, to verify a reasonable accommodation. Examples of Mitigating Circumstances Evidence of successful rehabilitation; Evidence of the applicant family's participation in and completion of social service or other appropriate counseling service approved by the PHA; Evidence of successful and sustained modification of previous disqualifying behavior. Consideration of mitigating circumstances does not guarantee that the applicant will qualify for admission. The PHA will consider such circumstances in fight of: The applicant's ability to substantiate through verification the claim of mitigating circumstances and his/her prospects for improved future behavior; and The applicant's overall performance with respect to all the screening requirements. Qualified and Unqualified Applicants Information that has been verified by the PHA will be analyzed and a determination will be made with respect to: • The eligibility of the applicant as a family, • The eligibility of the applicant with respect to income limits for admission; • The eligibility of the applicant with respect to citizenship or eligible immigration status; and any local preference to which the family is entitled. Assistance to a family may not be delayed, denied or terminated on the basis of the family's ineligible immigration status unless and until the family completes all the verification and appeals processes to which they are entitled under both INS and PHA procedures, except for a pending PHA hearing. Applicants who are determined to be unqualified for admission will be promptly notified with a Notice of Denial of Admission stating the reason for the denial. The PHA shall provide applicants an opportunity for an informal hearing (see Chapter titled "Complaints, Grievances, and Appeals"). Admissions 6,Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-15 Applicants who have requested a reasonable accommodation as a person with a disability and who have been determined eligible, but fail to meet the Applicant Selection Criteria, will be offered an opportunity for a second meeting to have their cases examined to determine whether mitigating circumstances or reasonable accommodations will make it possible for them to be housed in accordance with the screening procedures. The PHA will make every effort to accurately estimate an approximate date of occupancy. However, the date given by the PHA does not mean that applicants should expect to be housed by that date. The availability of a suitable unit to offer a family is contingent upon factors not directly controlled by the PHA, such as turnover rates, and market demands as they affect bedroom sizes and project location. Documenting Findings An authorized representative of the PHA shall document any pertinent information received relative to the following: Criminal Activity - includes the activities listed in the definition of criminal activity in this Chapter. Pattern of Violent Behavior - includes evidence of repeated acts of violence on the part of an individual, or a pattern of conduct constituting a dander to peaceful occupancy of neighbors. Pattern of Drug Use - includes a determination by the PHA that the applicant has exhibited a pattern of illegal use of a controlled substance which might interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. Drug-Related Criminal Activity - includes a determination by the PHA that the applicant has been involved in the illegal manufacture, sale, distribution, use or possession of a controlled substance. Pattern of Alcohol Abuse - includes a determination by the PHA that the applicant's pattern of alcohol abuse might interfere with the health, safety or right to peaceful enjoyment of the premises by other residents. Initiating Threats - or behaving in a manner indicating an intent to assault employees or other tenants. Abandonment of a Public Housing Unit - without advising PHA officials so that staff may secure the unit and protect its property from vandalism. Non-Payment-of Rightful Obligations - including rent and/or utilities and other charges owed to the PHA [or any other PHA]. Intentionally Falsifying an Application for Leasing - including uttering or otherwise providing false information about family income and size, using an alias on the application for housing, or making any other material false statement or omission intended to mislead. Record of Serious Disturbances of Neighbors, Destruction of Property or Other Disruptive or Dangerous Behavior- consists of patterns of behavior which endanger the life, safety; or welfare of other persons by physical violence, gross negligence or irresponsibility; which damage the equipment or premises in which the applicant resides, or which are seriously disturbing to neighbors or disrupt sound family and community life, indicating the applicant's inability to adapt to living in a multi-family setting, includes judicial termination of tenancy in previous housing on Admissions &Continued Occupancy Policy Presented to the Board of Com miss ioners on Sept.Z, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-16 the grounds of nuisance or objectionable conduct, or frequent loud parties, which have resulted in serious disturbances of neighbors. Grossly Unsanitary or Hazardous Housekeeping - includes the creation of a fire hazard through acts such as hoarding rags, papers, or other materials; severe damages to premises and equipment, if it is established that the family is responsible for the condition; seriously affecting neighbors by causing infestation, foul odors, depositing garbage in halls; or serious neglect of the premises. This category does not include families whose housekeeping is found to be superficially unclean or due to lack of orderliness, where such conditions do not create a problem for neighbors. Destruction of Property from previous rentals. In the event of the receipt of unfavorable information with respect to an applicant, consideration shall be given to the time, nature, and extent of the applicant's conduct and to factors which might indicate a reasonable probability of favorable future conduct or financial prospects. The PHA may waive the policies prohibiting admission in these circumstances if the person demonstrates to the PHA's satisfaction that the person is no longer engaging in illegal use of a controlled substance or abuse of alcohol and has successfully completed a supervised drug or alcohol rehabilitation program. Prohibited Criteria for Denial of Admission Applicants will NOT be rejected because they: • Have no income; • Are not employed; • Do not participate in a job training program; • Will not apply for various welfare or benefit programs; • Have children; • Have children born out of wedlock; • Are on welfare; • Are students. Resident Participation in the Screening Process It is the PHA's policy to encourage resident participation in the applicant intake and screening process. The PHA recognizes that screening is only part of the occupancy cycle, and for the PHA-resident partnership to be effective, work is required both before and after admission. Given this policy the PHA, in conjunction with its resident leaders, proposes the following areas of involvement: Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-17 Applicant pre-occupancy orientation Attendance at pre-occupancy orientation is a requirement of the screening process. The PHA and its residents will develop the agenda for this orientation to include such issues as rent, house rules, lease provisions, security, social services and utilities. HEARINGS If information is revealed that would cause the PHA to deny admission to the household and the person disputes the information, s/he shall be given an opportunity for an informal review according to the PHA's hearing procedures outlined in the Chapter on Complaints, Grievances and Appeals. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2-18 Chapter 3: APPLYING FOR ADMISSION INTRODUCTION The policy of the PHA is to ensure that all families who express an interest in housing assistance are given an equal opportunity to apply, and are treated in a fair and consistent manner. This Chapter describes the policies and procedures for completing an initial application for assistance, placement and denial of placement on the waiting list, and limitations on who may apply. The primary purpose of the intake function is to gather information about the family, but the PHA will also utilize this process to provide information to the family so that an accurate and timely decision of eligibility can be made. Applicants will be placed on the waiting list in accordance with this Policy. HOW TO APPLY Families who wish to apply for any of the PHA's programs must complete a written application form when application-taking is open. Applications will be made available in an accessible format upon request from a person with a disability. Persons with disabilities may call the PHA to receive an application through the mail or make other arrangements to complete their pre-application. The application process will involve four phases. 1. The first is the "initial" application for admission (referred to as a pre-application). This first phase is to determine the family's eligibility for, and placement on, the waiting list. The pre-application will be dated, time-stamped, and referred to the PHA's office where tenant selection and assignment is processed. 2. The second phase is when the family reaches the top of the waiting list and to determine eligibility for admission. At this time the PHA ensures that verification of all HUD and PHA eligibility factors is current. 3. Third phase is suitability/briefing conducted by housing managers. 4. The fourth phase is the offer of a suitable unit, conducted by PHA staff. "INITIAL" APPLICATION PROCEDURES The PHA will utilize an initial-application form for public housing. The application may be completed in person and the date is entered into the computer. The application may also be mailed to the applicant if requested, through a reasonable accommodation. The purpose of the pre-application is to permit the PHA to preliminarily assess family eligibility or ineligibility and to determine placement on the waiting list. Necessary translators will be provided by applicants. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 3-1 The preapplication will contain questions designed to obtain the following information: • Names of head and spouse • Names of adult members and age of all members • Number of family members (used to estimate bedroom size needed) • Street address and phone numbers • Mailing address (if PO Box or other permanent address) • Annual income • Source(s) of income received by household members to determine preference qualification • Sufficient additional information to determine preference qualification • Information regarding request for reasonable accommodation or for accessible unit • Social Security Numbers • lace/ethnicity « Arrests/Convictions for Drug Related or Violent Criminal Activity • Previous address(s) • Names and addresses of current and previous landlords • Emergency contact person and address • Questions regarding previous participation in HUD programs Duplicate applications, including applications from a segment of an applicant household, will not be accepted. Initial application will not require interviews. Information on the application will not be verified until the applicant has been selected for final eligibility determination. Final eligibility will be determined when the full application process is completed and all information is verified. Applicants are requested to inform the PHA in writing of changes in family composition, income, and address, Applicants are also required to respond to requests from the PHA to update information on their application; or to determine their continued interest in assistance. Failure to provide information or to respond to mailings will result in the applicant being removed from the waiting list. (See Chapter on Complaints, Grievances and Appeals.) All preferences claimed on the application or while the family is on the waiting list will be verified: After the family is selected from the waiting list, and prior to completing the final eligibility determination. If a preference cannot be verified, said applicant will be returned to their proper place on the waiting fist and preference removed. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.22,20014- HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA �. 3-2 The qualification for preference must exist at the time the preference is verified regardless of the length of time an applicant has been on the waiting list because the preference is based on current status. Applicants on the waiting list who will be selected in the near future will be sent a eligibility appointment letter. The letter will notify the applicant of an application interview and request the applicant to bring all documents which verify all factors to be verified. Factors to be verified will be listed in the letter. These documents will be used for verification only if third party verification cannot be obtained. After the preference is verified, when the PHA is ready to select applicants, the PHA will send the applicant a letter notifying him/her of an appointment. Applicants will be required to: Complete a Personal Declaration Form prior to the full application interview. Complete a full application in their own handwriting, unless assistance is needed, or a request for accommodation is made by a person with a disability. Applicant will then be interviewed by PHA staff to review the information on the full application form. Participate in a full application interview with a PHA representative during which the applicant will be required to furnish complete and accurate information verbally as requested by the interviewer. The PHA interviewer will complete the full application form with answers supplied by the applicant. The applicant will sign and certify that all information is complete and accurate. The full application will be mailed/communicated as requested as an accommodation to a person with a disability completed when the applicant attends the interview. REQUIREMENT TO ATTEND INTERVIEW The PHA utilizes the full application interview to discuss the family's circumstances in greater detail, to clarify information that has been provided by the family, and to ensure that the information is complete. The interview is also used as a vehicle to meet the informational needs of the family by providing information about the application and verification process, as well as to advise the family of other PHA services or programs which may be available. All adult family members must attend the interview and sign the housing application. Exceptions may be made for adult students attending school out of state or for members for whom attendance would be a hardship. The head and spouse are both required to attend the interview. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 3-3 If the head of household cannot attend the interview, he/she must reschedule appointment within 10 working days All adult family members must 18 years or older must attend the interview to review the information provided and to certify that all of the information is complete and accurate. It is the applicant's responsibility to reschedule the interview if s/he misses the appointment. If the applicant does not reschedule or misses two scheduled meeting(s), the PHA will reject the application. If an applicant fails to appear for their interview without prior approval of the PHA, their application will be denied unless they can provide acceptable documentation to the PHA that an emergency prevented them from calling. Reasonable accommodation will be made for persons with a disability who requires an advocate or accessible offices. A designee will be allowed to provide some information, but only with permission of the person with a disability. If an application is denied due to failure to attend the full application interview, the applicant will be notified in writing and offered an opportunity to request an informal hearing. (See Chapter on Complaints, Grievances and Appeals.) All adult members, and head of household and spouse regardless of age, must sign form HUD- 9886, "Release of Information," the declarations and consents related to citizenship/immigration status and any ether documents required by the PIMA. Applicants will be required to sign specific verification forms for information that is not covered by the HUD-9886. Failure to do so will be cause for denial of the application for failure to provide necessary certifications and releases as required by the PHA. Information provided by the applicant will be verified, including information related to family composition, income, allowances and deductions, assets, eligible immigration status, full time student status and other factors related to preferences, eligibility and rent calculation. If the PHA determines at or after the interview that additional information or document(s) are needed, the PHA will request the document(s) or information in writing. The family will be given 10 working days to supply the information. If the information is not supplied in this time period, the PHA will provide the family a notification of denial for assistance. (See Chapter on Complaints, Grievances and Appeals.) PROCESSING APPLICATIONS As families approach the top of the waiting list, the following items will be verified to determine qualification for admission to the PHA's housing: Admissions &Continued Occupancy Poiicy Presented to the Board of Commissioners on Sept.22, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 3-4 • Preference verification • Family composition and type (elderly/non elderly) • Annual Income • Assets and Asset Income • Deductions from Annual Income • Social Security plumbers of all family members • Information used in applicant screening • Citizenship or eligible immigration status • Criminal History Deport FINAL DETERMINATION AND NOTIFICATION OF ELIGIBILITY After the verification process is completed, the PHA will make a final determination of eligibility. This decision is based upon information provided by the family, the verification completed by the PHA, and the tenant suitability determination (see Chapter on Eligibility for Admission). Because HUD can make changes in rules or regulations and family circumstances may have changed during the review process that affect an applicant's eligibility, it is necessary to make final eligibility determination. The household is not actually eligible for a unit offer until this final determination has been made, even though they may have been preliminarily determined eligible and may have been listed on the waiting list. Any time after final eligibility determination, applicants must report changes in family status, including income, family composition, and address, in writing, within 10 days of the change. If the family did not report the change within the required time frame, the family will be determined ineligible and offered an opportunity for informal hearing. Admissions &Continued Occupancy Policy Presented to the Board or'Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 3-S Chapter 4: TENANT SELECTION AND ASSIGNMENT FLAN (Includes Preferences and {Managing the Waiting List) [24 CPR. 960.203, 960.204, 960.205, 960.206] INTRODUCTION It is the PHA's policy that each applicant shall be assigned an appropriate place on a jurisdiction-wide waiting list. Applicants will be listed in sequence based upon: • date and time the application is received, • the size and type of unit they require, • and factors of preference. In filling an actual or expected vacancy, the PHA will offer the dwelling unit to an applicant in the appropriate sequence, with the goal of accomplishing deconcentration of poverty and income-mixing objectives. The PHA will offer the unit until it is accepted. This Chapter describes the PHA's policies with regard to the one time unit offer that will be made to applicants selected from the waiting list. PHA's Objectives PHA policies will be followed consistently and will affirmatively further HUD's fair housing goals. It is the PHA's objective to ensure that families are placed in the proper order on the waiting list so that the offer of a unit is not delayed to any family unnecessarily or made to any family prematurely. This chapter explains the policies for the management of the waiting list. When appropriate units are available, families will be selected from the waiting list in their preference-determined sequence. By maintaining an accurate waiting list, the PHA will be able to perform the activities which ensure that an adequate pool of qualified applicants will be available to fill unit vacancies in a timely manner. Based on the FHA's turnover and the availability of appropriate sized units, groups of families will be selected from the waiting list to form a final eligibility "pool." Selection from the pool will be based on completion of verification. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OFF THE COUNTY OF CONT RA COSTA 4-1 MANAGEMENT OF THE WAITING LIST The PHA will administer its waiting list as required by 24 CFR Part 5, Part 945 and Part 960, Subparts A and B. The waiting list will be maintained in accordance with the following guidelines: The application will be a permanent file. All applicants in the pool will be maintained in order of preference, in order of date and time of application receipt. Applications equal in preference will be maintained by date and time sequence. All applicants must meet applicable income eligibility requirements as established by HUD. Opening and Closing the Waiting Lists The PHA, at its discretion, may restrict application intake, suspend application intake, and close waiting lists in whole or in part. The PHA may open or close the list by local preference category. The decision to close 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 local preference, and the ability of the PHA to house an applicant in an appropriate unit within a reasonable period of time. When the PHA opens the waiting list, the PHA will advertise through public notice in the following newspapers, minority publications and media entities. location($), and program(s) for which applications are being accepted in the local paper of record, "minority" newspapers, and other media including: CentraINVest/East County Times, Contra Costa County Employment/Human Services Department, and various shelters. To reach persons with disabilities, the PHA will provide separate notice to local organizations representing the interests and needs of the disabled. This will include notice to the following organizations: Harmony Home Associated, Full Circle of Choices, Inc., East Bay Innovations, East Say Mental Health, Center for Adaptive Learning, Independent Living Resource. The notice will contain: • The dates, times, and the locations where families may apply. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 4.2 • The programs for which applications will be taken. * A brief description of the program. Limitations, if any, on who may apply. The notices will be made in an accessible format if requested. They will provide potential applicants with information that includes the PHA address and telephone number, how to submit an application, information on eligibility requirements and the availability of local preferences. Upon request from a person with a disability, additional time will be given as an accommodation for submission of an application after the closing deadline. This accommodation is to allow persons with disabilities the opportunity to submit an application in cases when a social service organization provides inaccurate or untimely information about the closing date. When Application Taking is Suspended The PHA may suspend the acceptance of applications if there are enough local Preference holders to fill anticipated openings for the next time period between 48 and 60 months. The waiting list may not be closed if it would have a discriminatory effect inconsistent with applicable civil rights laws. During the period when the waiting list is closed, the PHA will not maintain a list of individuals who wish to be notified when the waiting list is open. Suspension of application taking is announced in the same way as opening the waiting list. The open period shall be long enough to achieve a waiting list adequate to cover projected turnover over the next 48 to 60 months. When the period for accepting applications is over, the PHA will add the new applicants to the list by: Unit size, local preferences priority, and/or date and time of application receipt. The PHA will update the waiting list semi-annually/other time-specify by removing the names of those families who are no longer interested, no longer qualify for housing, or cannot be ruched by mail. At the time of initial intake, the PHA will advise families of their responsibility to notify the PHA when mailing address or telephone numbers change. Reopening the List If the waiting list is closed and the PHA decides to open the waiting list, the PHA will publicly announce the opening. Any reopening of the list is done in accordance with the HUD requirements. Admissions B.Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 4-3 Even though there are enough applicants on the waiting list to fill the turnover within the next 48 to 66 months, if there are not enough applicants who claim a local preference, the PHA may elect to accept applications from applicants who claim a local preference ONLY, and continue to keep the waiting list closed. PHA may open the list to applications from families qualified for the Singles Preference and not tither Singles if families with the Singles preference will absorb available program openings. Limits on Who May Apply When the waiting list is open, Any family asking to be placed on the waiting list for Public Housing rental assistance will be given the opportunity to complete an application. Depending upon the composition of the waiting list with regard to family types and preferences and to better serve the needs of the community, at times the PHA may only accept applications from: • Any family claiming senior and disabled preference(s). • Any family claiming local preferences. If there are sufficient applications from elderly, disabled, applications will not be accepted from ether singles. When the application is submitted to the PHA: It establishes the family's date and time of application for placement order on the waiting list. Multiple Families in Same Household When families apply that consist of two families diving together, (such as a mother and father, and a daughter with her own husband or children), if they apply as a family unit, they will be treated as a family unit. WAITING LIST PREFERENCES A preference does not guarantee admission to the program. Preferences are used to establish the order of placement on the waiting list. Every applicant must meet the PHA's Selection Criteria as defined in this policy. The PHA's preference system will work in combination with requirements to match the characteristics for the family to the type of unit available, including units with targeted populations. When such matching is required or permitted by current law, the PHA will give preference to qualified families. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 4-4 .............. Families who reach the top of the waiting list will be contacted by the PHA to verify their preference and, if verified, the PHA will complete a full application for occupancy. Applicants must complete the application for occupancy and continue through the application processing and may not retain their place on the waiting list if they refuse to complete their processing when contacted by the PHA. Among applicants with equal preference status, the waiting list will be organized by date and time. Local Preferences Local preferences will be used to select among applicants on the waiting list. Public hearing/ public notice with opportunity for public comment will be held before the PHA adopts any local preference. The hearing will be publicized using the same guidelines as those for opening and closing the waiting list. The notice will be distributed following the same guidelines as those used for opening or closing the waiting list. The PHA uses the following Local Preferences: Date and time of receipt of a completed initial application. residency..preference: for families who live, work, or have been hired to work or who are attending school or are participating in training programs in the jurisdiction. Veteran preference: state law definition (veterans or surviving spouses of veterans). Disability preference: This preference is extended to disabled persons or families with a disabled member as defined in this plan. Proof of disability will be required at time of selection. HUD regulations prohibit admission preferences for specific types of disabilities. If an applicant makes a false statement in order to qualify for a local preference, the HACCC will deny the family admission to the program. Treatment of-Single Applicants Single applicants will be treated as any other eligible family on the PHA waiting list. All families with children, elderly families and disabled families will have an admission preference over "Other Singles". Admissions &Continued Occupancy Policy Presented to the Board o-F Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY Or CONTRA COSTA 4-5 Singles Preference Definition of Singles Preference: Single applicants who are elderly or disabled will be given a selection priority over all "Other Single" applicants regardless of preference status. "Other Singles" denotes a one-person household in which the individual member is neither elderly nor disabled. Such applicants will be placed on the waiting list in accordance with their preferences, but cannot be selected for assistance before any elderly or disabled one-person family regardless of local preferences. ORDER OF SELECTION FOR GENERAL OCCUPANCY (FAMILY) DEVELOPMENTS The PHA has established the following local admissions preferences for general occupancy (family) developments: Date and time of receipt of a completed application, and the following list of other local preferences. Local preferences will be aggregated using the following system: Each preference is assigned 1 point as fisted below. The more preference paints an applicant has, the higher the applicant's place on the waiting list. Points 1 - Residents who live or work PHA's jurisdiction 1 - Veteran Preference or surviving spouse of Veterans 1 - Disabled persons or families with a disabled member. ORDER OF SELECTION FOR MIXED POPULATION DEVELOPMENTS A mixed population project is a public housing project, or portion of a project that was reserved for elderly families and disabled families at its inception (and has retained that character). In accordance with the 1992 Housing Act, elderly families whose head, spouse, or sole member is at least fit years of age, and disabled families whose head, co-head or spouse or sole member is a person with disabilities, will receive equal preference to such units. No limit will be established on the number of elderly or disabled families that may occupy a mixed population property. All other PHA preferences will be applied. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 4-6 The PHA has established the following local admissions preferences for Mixed Population developments. Per HUD regulations, equal preference must be given to Elderly Families and Disabled Families: Example First Priority: Elderly or disabled families who live in the PHA's jurisdiction. Second Priority: Elderly or disabled families who do not live in the PHA's jurisdiction. VERIFICATION OF PREFERENCE QUALIFICATION The family may be placed on the waiting list upon their certification that they qualify for a preference. When the family is selected from the waiting list for the final determination of eligibility, the preference will be verified. The PHA will reverify a preference claim, if the PHA feels the family's circumstances have changed, at time of selection from the waiting list. If the preference verification indicates that an applicant does not qualify for the preference; the applicant will be returned to the waiting list and ranked without the Local Preference and given an opportunity for a review. If at the time the family applied, the preference claim was the only reason for placement of the family on the waiting list. and the family cannot verify their eligibility for the preference as of the date of application, the family will be removed from the list. Changein Circumstances Changes in an applicant's circumstances while on the waiting list may affect the family's entitlement to a preference. Applicants are required to notify the PHA in writing when their circumstances change. When an applicant claims an additional preference, s/he will be placed on the waiting list in the proper order of their newly-claimed preference. PREFERENCE DENIAL If the PHA denies a preference, the applicant will be placed on the waiting list without benefit of the preference. The PHA will notify the applicant in writing of the reasons why the preference was denied and offer the applicant an opportunity for an informal hearing. The applicant will have 10 working days to request the meeting in writing. If the preference denial is upheld as a result of the meeting, or the applicant does not request a meeting, the applicant will be placed on the waiting list without benefit of the preference. Applicants may exercise other rights if they believe they have been discriminated against. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONT RA COSTA 4-7 Any applicant who falsifies documents or makes false statements in order to qualify for any preference will be removed from the waiting list with notification to the family. FACTORS OTHER THAN PREFERENCES THAT AFFECT SELECTION OF APPLICANTS Before applying its preference system, the PHA will first match the characteristics of the available unit to the applicants available on the waiting lists. Factors such as unit size, accessible features, or units in housing designated for the elderly or disabled will be considered. PHA will limit the admission of families to those characteristics that match the characteristics and features of the vacant unit available. By matching unit and family characteristics, it is possible that families who are lower on the waiting list may receive an offer of housing ahead of families with an earlier date and time of application. For example, the next unit available is an accessible unit and the only applicant family needing such features is in the non-preferred pool (no local preference). Any admission mandated by court order related to desegregation or Fair Housing and Equal Opportunity will take precedence over the Preference System. Other admissions required by court order will also take precedence over the preference system. If permitted by the court order, the PHA may offer the family a housing voucher. INCOME TARGETING The PHA will monitor its admissions to ensure that at least 40 percent of families admitted to public housing in each fiscal year shall have incomes that do not exceed 30% of area median income of the PHA's jurisdiction. Hereafter families whose incomes do not exceed 30% of area median income will be referred to as "extremely low-income families." The PHA shall have the discretion, at least annually, to exercise the "fungibility„ provision of the QHWRA by admitting less than 40 percent of"extremely low income families" to public housing in a fiscal year, to the extent that admissions of extremely low income families to the PHA's voucher program during a PHA fiscal year exceeds the 75 percent minimum targeting requirement for the PHA's Section 8 Voucher Program. This fungibility provision discretion by the PHA is also reflected in the PHA's Administrative Plan. The fungibility credits will be used to drop the annual requirement below 40 percent of admissions to public housing for extremely low income families by the lowest of the following amounts: The number of units equal to 10 percent of the number of newly available vouchers in the fiscal year; or Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 4-8 The number of public housing units that 1) are in public housing projects located in census tracts having a poverty rate of 30% or more, and 2) are made available for occupancy by and actually occupied in that year by, families other than extremely low-income families. The Funaibility f=loor: Regardless of the above two amounts, in a fiscal year, at least 30% of the PHA's admissions to public housing will be to extremely low-income families. The fungibilify floor is the number of units that cause the PHA's overall requirement for housing extremely low-income families to drop to 30% of its newly available units. Fungibility shall only be utilized if the PHA is anticipated to fall short of its 40% goal for new admissions to public housing. Low Income Family Admissions Once the PHA has met the 40% targeted income requirement for new admissions of extremely low-income families, the PHA will fill the remainder of its new admission units with families whose incomes do not exceed 80% of the HUD approved area median income. UNITS DESIGNATED FOR THE DISABLED In accordance with the 1992 Housing Act, disabled families with a head, spouse or sole member who qualifies as a person with disabilities as defined in 24 CFR 945.105 will receive a preference for admission to units that are covered by a HUD-approved Allocation Plan. The PHA has units designed for persons with mobility, sight and hearing impairments (referred to as accessibility units). These units were designed and constructed specifically to meet the needs of persons requiring the use of wheelchairs and persons requiring other modifications. Preference for occupancy of these units will be given to families with disabled family members who require the modifications or facilities provided in the units. PROMOTION OF INTEGRATION Beyond the basic requirement of nondiscrimination, PHA shall affirmatively further fair housing to reduce racial and national origin concentrations. The PHA shall not require any specific income or racial quotas for any development or developments. A PHA shall not assign persons to a particular section of a community or to a development or building based on race, color, religion, sex, disability, familial status or national origin for. purposes of segregating populations. Admissions & Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COST A 4-9 OFFER OF PLACEMENT ON THE SECTION 8 WAITING LIST The PHA will not merge the waiting lists for public housing and Section 8. However, if the Section 8 waiting list is open when the applicant is placed on the public housing list, the PHA must offer to place the family on both lists. If the public housing waiting list is open at the time an applicant applies for Section 8, the PHA must offer to place the family on the public housing waiting list. REMOVAL FROM WAITING LIST AND PURGING The waiting list will be purged at least annually by a mailing to all applicants to ensure that the waiting list is current and accurate. The mailing will ask for current information and confirmation of continued interest. If an applicant fails to respond within 10 calendar days s/he will be removed from the waiting list, if a letter is returned by the Post Office without a forwarding address, the applicant will be removed without further notice, and the envelope and letter will be maintained in the file. If a letter is returned by the post office with a forwarding address, it will be re-mailed to the new address and the time frame will restart. If an applicant is removed from the waiting list for failure to respond, they will not be entitled to reinstatement unless a person with a disability requests a reasonable accommodation for being unable to reply within the prescribed period. Notices will be made available in accessible format upon the request of a person with a disability. An extension to reply to the purge notification will be considered as an accommodation if requested by a person with a disability. Applicants are notified with confirmation of the PHA's receipt of their application that they are responsible for notifying the PHA within 10 working days, if they have a change of address. Applicants are required to contact the PHA in writing semi-annually to confirm their continued interest. OFFER OF ACCESSIBLE UNITS The PHA has units designed for persons with mobility, sight and hearing impairments, referred to as accessible units. No non-mobility impaired families will be offered these units until all eligible mobility- impaired applicants have been considered. Before offering a vacant accessible unit to a non-disabled applicant, the PHA will offer such units: Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 4-10 First, to a current occupant of another unit of the same development, or other public housing developments under the PHA's control, who has a disability that requires the special features of the vacant unit. Second, to an eligible qualified applicant on the waiting list having a disability that requires the special features of the vacant unit. When offering an accessible/adaptable unit to a non-disabled applicant, the PHA will require the applicant to agree to move to an available non-accessible unit within 30 days when either a current resident or an applicant needs the features of the unit and there is another unit available for the applicant. This requirement will be a provision of the lease agreement. See "Leasing" chapter. PLAN FOR UNIT OFFERS The PHA plan for selection of applicants and assignment of dwelling units to assure equal opportunity and non-discrimination on grounds of race, color, sex, religion, or national origin is: Plan "A". Under this plan the first qualified applicant in sequence on the waiting list will be made one offer of a unit of the appropriate size. If more than one unit of the appropriate type and size is available, the first unit to be offered will be the first unit that is ready for occupancy. The PHA will maintain a record of units offered, including location, date and circumstances of each offer, each acceptance or rejection, including the reason for the rejection. CHANGES PRIOR TO UNIT OFFER Changes that occur during the period between removal from the waiting list and an offer of a suitable unit may affect the family's eligibility or Total Tenant Payment. The family will be notified in writing of changes in their eligibility or level of benefits and offered their right to an informal hearing when applicable (See Chapter on Complaints, Grievances, and Appeals) Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 4-11 APPLICANT STATUS AFTER FINAL UNIT OFFER When an applicant rejects the final unit offer the PHA will: Remove the applicant's name from the waiting list. Removal from the waiting list means: The applicant must reapply. TIME-LIMIT FOR ACCEPTANCE OF UNIT Applicants must accept a unit offer within 2 working days of the date the offer is made. Offers made over the telephone will be confirmed by letter. If unable to contact an applicant by telephone, the PHA will send a letter. Applicants Unable to Take Occupancy If an applicant is willing to accept the unit offered, but is unable to take occupancy at the time of the offer for "good cause,"the applicant will not be removed from the waiting list or placed at the bottom of the waiting list. Examples of "good cause"reasons for the refusal to take occupancy of a housing unit include, but are not limited to: An elderly or disabled family makes the decision not to occupy or-accept occupancy in designated housing. [24 CPR 945.303(d)] Inaccessibility to source of employment or children's day care such that an adult household member must quit a job, drop out of an educational institution or a job training program; Presence of lead paint in the unit offered when the applicant has children under the age specified by current law; The family demonstrates to the FHA's satisfaction that accepting the offer will result in a situation where a family member's life, health or safety will be placed in jeopardy. The family must offer specific and compelling documentation such as restraining orders, other court orders, or risk assessments related to witness protection from a law enforcement agency. The reasons offered must be specific to the family. Refusals due to the location of the unit alone are not considered to be good cause. A qualified, knowledgeable, health professional verifies the temporary hospitalization or recovery from illness of the principal household member, other household members, or a live-in aide necessary to care for the principal household member. The unit is inappropriate for the applicant's disabilities. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 4-12 Applicants With a Change in Family Size or Status Changes in family composition, status, or income between the time of the interview and the offer of a unit will be processed. The PHA shall not lease a unit to a family whose occupancy will overcrowd or underutilize the unit. The family will take the appropriate place on the waiting list according to the date they first applied/date interviewed. REFUSAL OF OFFER If the unit offered is inappropriate for the applicant's disabilities, the family will retain their position on the waiting list. If the unit offered is refused for other reasons, the PHA will follow the applicable policy as listed in the "Plan for Unit Offers" section and the "Applicant Status After Final Offer" section. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 4-13 Chapter 5: OCCUPANCY GUIDELINES INTRODUCTION The Occupancy Guidelines are established by the PHA to ensure that units are occupied by families of the appropriate size. This policy maintains the maximum usefulness of the units, while preserving them from excessive wear and tear or underutilization. This Chapter explains the Occupancy Guidelines used to determine minimum and maximum unit sizes for various sized families when they are selected from the waiting list, or when a family's size changes, or when a family requests an exception to the occupancy guidelines. DETERMINING UNIT SIZE The PHA does not determine who shares a bedroom/sleeping room, but there must be at least one person per bedroom. The PHA's Occupancy Guideline standards for determining unit size shall be applied in a manner consistent with Fair Housing guidelines. For occupancy standards, an adult is a person 18 years or older or an emancipated minor. All guidelines in this section relate to the number of bedrooms in the unit. Dwelling units will be so assigned that: Generally the PHA will assign one bedroom to two people within the following guidelines: • Adults of different generations, persons of the opposite sex (other than spouses), and unrelated adults will not be required to share a bedroom. • Separate bedrooms should be allocated for persons of the opposite sex (other than adults who have a spousal relationship and children under 2). • Foster children will be included in determining unit size only if they will be in the unit for more than 18 months. • Live-in attendants will generally be provided a separate bedroom. No additional bedrooms are provided for the attendant's family. • Space may be provided for a child who is away at school but who lives with the family during school recesses. • Space will not be provided for a family member who will be absent most of the time, such as a member who is away in the military. • Single person families shall be allocated a zero or one bedroom. Admissions &Continued occupancy Policy Presented to the Board of Commissioners on Sept.21,2004- HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA S-1 • The living room will not be used as a bedroom except for purposes of reasonable accommodation. GUIDELINES FOR DETERMINING BEDROOM SIZE Bedroom Size Persons in Household: I.Persons in Household: Minimum # j Maximum g Bedroom 1 2 1 Bedroom 1 2 2 Bedrooms 2 4 3,Bedrooms 3 g 4.Bedrooms 4 g 5 Bedrooms 6 10 6 Bedrooms 8 12 EXCEPTIONS TO OCCUPANCY STANDARDS The PHA will grant exceptions from the guidelines in cases where it is the family's request or the PHA determines the exceptions are justified by the relationship, age, sex, health or disability of family members, or other individual circumstances, and there is a vacant unit available. If an applicant requests to be listed on a smaller or larger bedroom size waiting list, the following guidelines will apply, Applicants may request to be placed on the waiting list for a unit size smaller than designated by the occupancy guidelines, (as long as the unit is not overcrowded according to local codes). The family must agree not to request a transfer until their family composition changes. At the PHA's discretion the family may be offered a unit smaller than the preferred unit size, based on the PHA's occupancy standards, if in doing so the family has an opportunity to be housed earlier, or live in a preferred project. For a three person family that includes two adults and an infant, the PHA may allow the family to lease a one bedroom unit in a desired general occupancy project. However, the PHA will not lease a one bedroom unit to a three person family that includes two adults and an adolescent or teenager. In cases such as those above, a family that voluntarily accepts a unit that is smaller than what the family is eligible for will be required to sign a statement stating that unless there is an increase in family size the family agrees that they are not eligible for transfer to a larger unit for at least 2 years. The PHA may offer a family a unit that is larger than required by the PHA's occupancy standards, if the waiting list is short of families large enough to fill the vacancy t the PHA 3 Admissions 8 Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 5-2 determines that the common area for the project is insufficient for accommodating any additional large families. In all cases, where the family requests an exception to the general occupancy standards, the PHA will evaluate the relationship and ages of all family members and the overall size of the unit. The family may request to be placed on a larger bedroom size waiting list than indicated by the PHA's occupancy guidelines. The request must explain the need or justification for a larger bedroom size, and must be verified by the PHA before the family is placed on the larger bedroom size list. The PHA will consider these requests: Person with Disability The PHA will grant an exception upon request as a reasonable accommodation for persons with disabilities if the need is appropriately verified and meets requirements in the Service and Accommodations Policy section of Chapter 1. Other Circumstances Circumstances may dictate a larger size than the occupancy standards permit when: • Persons cannot share a bedroom because of a need for medical equipment due to its size and/or function. Requests for a larger bedroom due to medical equipment must be verified by a doctor. • Requests based on health related reasons must be verified by a knowledgeable licensed professional. The PHA will not assign a larger bedroom size due to additions of family members other than by birth, adoption, marriage, or court-awarded custody. An exception will be granted if the family has submitted a "Self-Certification of Physical Custody of Minor Child/Children" or an "Appointment of Temporary Guardian" to the PHA. If either of these forms have been submitted the PHA will also require that the family has initiated legal proceedings for guardianship or legal custody. All members of the family residing in the unit must be approved by the PHA. The family must obtain approval of any additional family member before the person occupies the unit except for additions by birth, adoption, or court-awarded custody, in which case the family must inform the PHA within 10 days. To avoid vacancies, the PHA may provide a family with a larger unit than the occupancy standards permit. The family must agree to move to a suitable, smaller unit when another family qualifies for the larger unit and there is a suitable smaller unit available. This requirement is a provision of the lease. Admissions &Continued Occupancy Policv Presented to the Board of Commissioners on Sept.-21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 5.3 ............ ...... ...... ACCESSIBLE UNITS The PHA has units designed for persons with mobility, sight and hearing impairments. These units were designed and constructed specifically to meet the needs of persons requiring the use of wheelchairs and persons requiring other modifications. Preference for occupancy of these units will be given to families with disabled family members who require the modifications or facilities provided in the units. No non-mobility-impaired families will be offered these units until all eligible mobility- impaired applicants have been considered. Accessible units will be offered and accepted by non-mobility impaired applicants only with the understanding that such applicants must accept a transfer to a non-accessible unit at a later date if a person with a mobility impairment requiring the unit applies for housing and is determined eligible. FAMILY MOVES When a change in the circumstances of a tenant family requires another unit size, the family's move depends upon the availability of a suitable size and type of unit. If the unit is not available at the time it is requested, the family will be placed on the Transfer List, The unit considerations in this section should be used as a guide to determine whether and when the bedroom size should be changed. If an unusual situation occurs, which is not currently covered in this policy, the case should be taken to the Director of Managed Housing Programs who will make determination after review of the situation, the individual circumstances, and the verification provided. See chapter on Recertification s for changes in unit size for tenants. Admf'ssfons &Continued Occupancy Policy Presented to the Board of Commissioners or, Sept.2-1,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 5-4 ------------ Chapter 6: DETERMINATION OF TOTAL TENANT PAYMENT [24 CFR 5.609, 5.611, 5.613, 5.615, 5.628, 5.630] INTRODUCTION The accurate calculation of Annual income and Adjusted Income will ensure that families are not paying more or less money for rent than their obligation under the regulations. This Chapter defines the allowable deductions from Annual Income and how the presence or absence of household members may affect the Total Tenant Payment (TTP). Income and TTP are calculated in accordance with 24 CFR Part 5, Subpart F and further instructions set forth in HUD Notices, Memoranda and Addenda. However, the Quality Housing and Work Responsibility Act now gives PHAs broader flexibility. The PHA's policies in this Chapter address those areas that allow the PHA discretion to define terms and to develop standards in order to assure consistent application of the various factors that relate to the determination of TTP. MINIMUM RENT The minimum rent for this PHA is $50. The minimum rent refers to a minimum total tenant payment and not a minimum tenant rent. The Total Tenant Payment is the greater of: 30% of the adjusted monthly income 10% of the monthly income The Minimum rent as established by the PHA The Total Tenant Payment does not include charges for excess utility consumption or other charges. The PHA recognizes that in some instances even the minimum rent may create a financial hardship for families. The PHA will review all relevant circumstances brought to the PHA's attention regarding financial hardship as it applies to minimum rent. The following section states the PHA's procedures and policies in regard to minimum rent financial hardship as set forth by the QHWRA. PHA Procedures for Notification to Families of Hardship Exemptions The PHA will notify all participant families subject to a minimum rent of their right to request a minimum rent hardship exemption under the law. The PHA will notify all families at the annual recertification appointment of their right to request a minimum rent hardship exemption. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-1 ........... ...... The PHA will notify all families at time of lease-up of their right to request a minimum rent hardship exemption. The PHA staff will document in the family's file that the family has been notified of their right to request a minimum rent hardship exemption. The PHA notification will advise the family that hardship exemption determinations are subject to PHA grievance procedures. The PHA will review all tenant requests for exemption from the minimum rent due to financial hardships. All requests for minimum rent exemption are required to be in writing. Requests for minimum rent exemption must state the family circumstances that qualify the family for an exemption. Exemptions to Minimum Rent The PHA will immediately grant the minimum rent exemption to all families who request it. The Minimum Rent will be suspended until the PHA determines whether the hardship is: • Covered by statute • Temporary or long term If the PHA determines that the minimum rent is not covered by statute, the PHA will impose a minimum rent including payment for minimum rent from the time of suspension. The PHA will use its standard verification procedures to verify circumstances that have resulted in financial hardship, such as loss of employment, death in the family, etc. HUD Criteria for Hardship Exemption In order for a family to qualify for a hardship exemption the family's circumstances must fall into one of the following criteria: • The family has lost eligibility or is awaiting an eligibility determination for Federal, State, or local assistance; • The family would be evicted as a result of the imposition of the minimum rent requirement; • The income of the family has decreased because of changed circumstances, including: Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-2 ■ Loss of employment • Death in the family ■ Other circumstances as determined by the PHA or HUD PHA Policy Regarding Hardship Exemption For purposes of providing the hardship exemption to minimum rent in a fair and consistent manner, the PHA has established policy regarding the above-mentioned HUD criteria. "Loss of employment" is: • defined as any loss of employment, including layoff and termination. • defined as being laid off or terminated through no fault of the employee. Loss of employment does not, for the purposes of exemption to minimum rent, include voluntarily quitting employment. • as defined by Employment Development Department/ other agency. „Death in the family." Family, for the purposes of exemption to minimum rent, includes head of house or spouse/ any adult on the public housing lease/ or any family member on the public housing lease/or other (list). Financial Hardship Exemption Only Applies to Waiving the Minimum TTP The financial hardship exemption only applies to the payment of minimum rent (minimum TTP). The exemption does not apply to the other elements used to calculate the Total Tenant Payment. When the family is granted the financial hardship exemption, the family's TTP shall be the greater of: • 30 percent of monthly adjusted income • 10 percent of monthly income Temporary Hardship If the PHA determines that the hardship is temporary (less than 90 days), a minimum rent will be imposed, including back payment from time of suspension, but the family will not be evicted for nonpayment of rent during the 90 day period commencing on the date of the family's request for exemption. Repayment Agreements for Temporary Hardship The PHA will offer a repayment agreement to the family for any such rent not paid during the temporary hardship period. The PHA will not enter into a repayment agreement that will take more than 12 months to pay off. Admissions &Continued Occupancy Policy. Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CON TRA COSTA 6-3 If the family goes into default on the repayment agreement for back rent incurred during a minimum rent period, the PHA will reevaluate the family's ability to pay the increased rent amount and: • Determine whether the family has the means to meet the obligation and, if so determined, initiate eviction proceedings for nonpayment of rent; or • Determine that the repayment agreement is a financial hardship to the family and if so restructure the existing repayment agreement. The PHA's policies regarding repayment agreements are further discussed in the chapter entitled "Family Debts to the PHA.,, Retroactive Determination The PHA will reimburse the family for minimum rent charges that took effect after October 21, 1998 that qualified for one of the mandatory exemptions. If the family is owed a retroactive payment, the PHA will offset the family's future rent payments by the amount in which the PHA owes the family. INCOME AND ALLOWANCES Income: The types of money that are to be used as income for purposes of calculating the TTP are defined by HUD in federal regulations. In accordance with this definition, income from all sources of each member of the household is documented. (See Income Inclusions and Income Exclusions in the Glossary of Terms of this policy.) Annual Income is defined as the gross amount of income anticipated to be received by the family during the 12 months after certification or recertification. Gross income is the amount of income prior to any HUD allowable expenses or deductions, and does not include income that has been excluded by HUD. Annual income is used to determine whether or not applicants are within the applicable income limits. (24 CFR 960.201) Adjusted Income is defined as the Annual income minus any HUD allowable deductions. Permissive Deductions The PHA does not adopt any additional permissive deductions to annual income of tenants. Allowable Deductions HUD has five allowable deductions from Annual Income: 1. Dependent allowance: $480 each for family members (other than the head or spouse), who are minors, and for family members who are 18 and older who are full-time students or who are disabled. Admissions e.Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21;2004 HOUSING AUTHORITY O":THE COUNTY OF CONTRA COSTA 6-4 2. "Elderly" allowance: $400 per household for families whose head or spouse is 62 or over or disabled. 3. Allowable medical expenses for all family members are deducted for elderly and disabled families. 4. Childcare expenses for children under 13 are deducted when child care is necessary to allow an adult family member to work, actively seek work, or attend school (including vocational training). 5. Expenses for attendant care or auxiliary apparatus for persons with disabilities if needed to enable the individual or an adult family member to work. TRAINING INCOME EXCLUSIONS [24 CFR 5.609(c)] The PHA believes that training income exclusions are an important factor in helping public housing participants move from welfare and dependence to greater self- sufficiency. The PHA will share information regarding new policies governing training income derived from qualifying employment training programs with applicants, participants and local social service providers. The PHA's objective is to encourage families to move toward self-sufficiency by excluding from their annual income certain amounts earned through participation in various qualifying training programs. These training programs are aimed at offering the resident gainful employment skills. The exclusion of training income, in the calculation of annual income, is meant to be an incentive. It is the PHA's hope that welfare agencies will adopt or modify their programs so that welfare recipients living in Public Housing will receive the maximum benefits from these income exclusions. In order to be eligible for the exclusion the resident must actually receive training under the provisions of the program. For purposes of this exclusion, it is not enough for the resident to merely be enrolled. There are two types of training programs that are eligible for one or more types of income exclusion. 1. Training Income Exclusions in Accordance with 24 GFR 5.609(c)(8)(v) The first type of training program is in accordance with 24 CFR 5.509 (c) (6)(v) and has features that allow the training income of assisted housing residents to be excluded only while the resident is actively enrolled in the training program. A training program qualifying under 24 CFR 5.609 (c)(6)(v) is defined as one with goals and objectives designed to lead to a higher level of proficiency, and one which enhances the individual's ability to obtain employment. The training program may have Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-5 performance standards to measure proficiency. Training may include, but is not limited to: Classroom training in a specific occupational skill-, On-the-job training with wages subsidized by the program, or Basic education. For this purpose Annual Income does not include the following* Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs. 2. Training Income Exclusions prior to September 3U, 1999 This training program is specific to public housing residents only and the regulation requires it to include specific features. This training program offers public housing residents the exclusion of incremental income while in the training program and for 18 months following the start of their first job. The PHA will determine that this training program has all five components required by HUD, It must: • be a program providing employment training and supportive services; • be authorized by a Federal, State or local law; • be funded by the Federal, State or local government-, • be operated or administered by a public agency-, and • have as its objective to assist participants in acquiring employment skills. A qualifying job-training program may be one that is established by the government but implemented by a private company for and on behalf of the government. In addition, to qualify as a 5.609 (c)(13) program, the employment training program must offer the resident at least one of the following supportive services: • child care; • transportation; • personal welfare counseling (family/parental development counseling, parenting skills training for adult and teenage parents, substancefalcohol abuse treatment and counseling, self-development counseling); • health care services (including outreach and referrals); • youth leadership skills; youth mentoring. Admissions &Continued occupancy Policy Presented to the Board of Coynmissioners on Sept.21,2004 HOUSING AUTHOR!TY OF THE COUNTY OF CONTRA COSTA 6-6 ........... ...... ... .. .... ... For purposes of the 5.609 (c) (13) exclusion and public housing particularly, Annual Income does not include the following: Incremental earnings and benefits resulting to any family member from participation in a program providing employment training and supportive services in accordance with the Family Support Act or any comparable Federal, State, or local law during the exclusion period. Exclusion Period The exclusion period is defined as the period during which the family member participates in a program described in this section, plus 18 months from the date the family member begins the first job acquired by the family member after completion of such program, provided the training program is not funded by public housing assistance under the 1937 Housing Act. Where applicable, the 18-month exclusion period runs continuously from the date the first job begins. If the resident switches to a second job during the 18-month period the exclusion continues. If the resident has a break in employment during the 18-month exclusion, any other income the person has during the break will be counted. A person admitted into public housing after the completion of a qualifying employment training program, and who began employment while still an applicant and before coming into public housing, is entitled to the 18--month exclusion beginning with the date he/she became employed until the remainder of the 18 months. If the family member is terminated from employment with good cause, the exclusion period shall end. Components Applicable to All Training Programs In either program (24 CFR 5.609 (c) (8)(v) and (c) (13)) and at all times the income to be excluded is the incremental income only. "Incremental income" is defined by HUD as the increase between the total amount of welfare and earnings of a family member priorto enrollment in the training program and welfare and earnings of the family member after enrollment in the training program. All other amounts, (such as child support and alimony), are treated in the usual manner in determining annual income. Child support, or other income that is not earnings or benefits, is not a factor and will not be considered in regard to training income exclusions, regardless of whether they have increased or decreased. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-7 Who is Eligible for the Exclusion Any member of the resident's family is eligible for the exclusion, provided the individual is enrolled in the qualifying employment training program. If a family has members who enroll in training programs at different times, the exclusion may be taken at different periods. The rules will be applied individually to each member based on which type of program they are enrolled in. Verification Upon verification,residents who are actively enrolled in a qualifying training program will have the incremental income from the training program excluded from their annual income. Employment Before Completion of Training Program A resident who has substantially completed a training program in order to accept a job offer will be eligible for the 18-month exclusion of income. "Substantial completion" of a training program will be completion of 75% of the program. If a resident has completed that portion of the training program necessary to get a job and continues simultaneously with the training program, the 18-month exclusion period will begin on the date the resident started the new job, not the date they complete the training program. The resident is not required to get a job that is directly related to the training program to be eligible for the exclusion. Cather Factors to Be Considered The 18-month exclusion also applies to residents with an FSS escrow account. A decrease in attributable income may mean that the FSS escrow account deposits would be decreased or eliminated for a period of time. For self-employed residents, the PHA will exclude only the net income of a resident when factoring the earnings. If a resident has no income the day they enter a training program, but has a history of employment in the past, the PHA will review the resident's wages for the past 18 months and average the income. That averaged income will become the resident's base amount for determining incremental earnings. Exception: If the resident has no income and enrolls in a welfare program which requires participants to be enrolled in a job training program, the base pay for that resident will be zero. If more than six months go by before the resident starts their first job, the earnings from that job will be counted in full. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.2",2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-8 The resident is required to notify the PHA within 10 working days of enrolling in a qualifying training program. Residents who have a decrease in income as a result of enrolling in a training program may request an interim examination. The PHA will determine the decrease in incremental income as a result of the training program and adjust the resident's rent accordingly. Residents who do not notify the PHA within 10 working days of starting a training program, and have a decrease in income, will not have their rent adjusted retroactively. DISALLOWANCE OF EARNED INCOME FROM RENT DETERMINATIONS The annual income for qualified families may not be increased as a result of increases in earned income beginning on the date on which the increase in earned income begins and continuing for a cumulative 12-month period. After the family receives 12 cumulative months of the full exclusion, annual income will include a phase-in of half the earned income excluded from annual income. A family qualified for the earned income exclusion is a family that occupies a dwelling unit in a public housing project, is paying income-based rent; and 1. Whose annual income increases as a result of employment of a family member who was previously unemployed for one or more years prior to employment; 2. Whose annual income increases as a result of increased earnings by a family member during participation in any economic self-sufficiency or other job training program; or 3. Whose annual income increases, as a result of new employment or increased earnings of a family member during or within six months after receiving assistance, benefits or services under any State program for TAN1= provided that the total amount over a six-month period is at least $500. The HUD definition of "previously unemployed" includes a person who has earned in the previous 12 months no more than the equivalent earnings for working 10 hours per week for 50 weeks at the minimum wage. Minimum wage is the prevailing minimum wage in the State or locality. The HUD definition of economic self-sufficiency program is: any program designed to encourage, assist, train or facilitate economic independence of assisted families or to provide work for such families. Such programs may include job training, employment counseling, work placement, basic skills training, education, English proficiency, workfare, financial or household management, apprenticeship, or any other program necessary to ready a participant to work (such as substance abuse or mental health treatment). Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-9 Amounts to be excluded are any earned income increases of a family member during participation in an economic self-sufficiency or job training program and not increases that occur after participation, unless the training provides assistance., training or mentoring after employment. The amount of TANF received in the six-month period includes monthly income and such benefits and services as one-time payments, wage subsidies and transportation assistance. The amount that is subject to the disallowance is the amount of incremental increase in income of a family member. The incremental increase in income is calculated by comparing the amount of the family member's income before the beginning of qualifying employment or increase in earned income to the amount of such income after the beginning of employment or increase in earned income, Initial Twelve-Month Exclusion: During the cumulative 12-month period beginning on the date a member of a qualified family is first employed or the family first experiences an increase in annual income attributable to employment, the PHA will exclude from annual income any increase in income of the family member as a result of employment over the prior income of that family member. Second Twelve-Month Phase-in Exclusion: During the second cumulative 12-month period after the expiration of the initial cumulative 12-month period referred to above, the PHA must exclude from annual income of a qualified family 50 percent of any increase in income of a family member as a result of employment over income of that family member prior to the beginning of such employment. Maximum Four-Year Disallowance: The earned income disallowance is limited to a lifetime 48-month period for each family member. For each family member, the disallowance only applies for a maximum of 12 months of full exclusion of incremental increase, and a maximum of 12 months of phase-in exclusion during the 48-month period starting from the date of the initial exclusion. If the period of increased income does not last for 12 consecutive months, the disallowance period may be resumed at any time within the 48-month period and continued until the disallowance has been applied for a total of 12 months of each disallowance (the initial 12-month full exclusion and the second 12-month phase-in exclusion). Admissions B.Continued Occupancy Poky Presented to the Board of Commissioners on Sept.211,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-10 .......... No earned income disallowance will be applied after the 48-month period following the initial date the exclusion was applied. Applicability to 18-month Training Income Exclusions [formerly found in 24 CFR 5.609(c)(13)): If a tenant meets the criteria for the mandatory earned income disallowance as outlined in 24 CFR 960.255, the PHA shall not deny a tenant the disallowance based on receipt of the earlier 18-month exclusion. Applicability to Child Care and Disability Assistance Expense Deductions: The amount deducted for child care and disability assistance expenses necessary to permit employment shall not exceed the amount of employment income that is included in annual income. Therefore, for families entitled to the earned income disallowance, the amounts of the full and phase-in exclusions from income shall not be used in determining the cap for child care and disability assistance expense deductions. Trading the Earned Income Exclusion The earned income exclusion will be reported on the HUD 50058 form. Documentation will be included in the family's file to show the reason for the reduced increase in rent. Such documentation will include: • Date the increase in earned income was reported by the family • Name of the family member whose earned income increased • Reason (new employment, participation in job training program, within 6 months after receiving TANF) for the increase in earned income • Amount of the increase in earned income (amount to be excluded) • Date the increase in income is first excluded from annual income • Date(s) earned income ended and resumed during the initial cumulative 12-month period of exclusion (if any) • Date the family member has received a total of 12 months of the initial exclusion • Date the 12-month phase-in period began • Date(s) earned income ended and resumed during the second cumulative 12-month period (phase-in) of exclusion (if any) • Date the family member has received a total of 12 months of the phase-in exclusion Admissions &Continued Occupancy Poiicy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-11 ..................... ......................... ...... ........I..,...... .................. • Ending date of the maximum 48-month (four year) disallowance period (48 months from the date of the initial earned income disallowance) The PHA will maintain a tracking system to ensure correct application of the earned income disallowance. Inapplicability to Admission The earned income disallowance is only applied to determine the annual income of families residing in public housing, and therefore does not apply for purposes of admission (including the determination of income eligibility or any income targeting that may be applicable). INDIVIDUAL SAVINGS ACCOUNTS The PHA chooses not to establish a system of individual savings accounts for families who qualify for the disallowance of earned income. TRAINING PROGRAMS FUNDED BY HUD All training income from a HUD sponsored or funded training program, whether incremental or not, is excluded from the resident's annual income while the resident is in training. Income from a Resident Services training program, which is funded by HUD, is excluded. WAGES FROM EMPLOYMENT WITH THE PHA OR RESIDENT ORGANIZATION Upon employment with the PHA or officially-recognized Resident Organization, the full amount of employment income received by the person is counted. There is no exclusion of income for wages funded under the 1937 Housing Act Programs, which includes public housing and Section 8. AVERAGING INCOME When Annual Income cannot be anticipated for a full twelve months, the PHA will: • Average known sources of income that vary to compute an annual income. • Annualize current income and conduct an interim reexamination if income changes. If there are bonuses or overtime which the employer cannot anticipate for the next twelve months, bonuses and overtime received the previous year will be used. Income from the previous year may be analyzed to determine the amount to anticipate when third-party or check-stub verification is not available. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSIN'G AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-12 If by averaging, an estimate can be made for those families whose income fluctuates from month to month, this estimate will be used so that the housing payment will not change from month to month. The method used depends on the regularity, source and type of income. MINIMUM INCOME There is no minimum income requirement. Families who report zero income are required to complete a written certification every 30 days. Families that report zero income will be required to provide information regarding their means of basic subsistence, such as food, utilities, transportation, etc. The PHA will request credit checks for all adult members of families that report zero income. Where credit reports show credit accounts open and payments current, the PHA will take action to investigate the possibility of fraud or program abuse. INCOME OF PERSON PERMANENTLY CONFINED TO NURSING HOME If a family member is permanently confined to a hospital or nursing home that family member will be removed from the ieasefapplication. REGULAR CONTRIBUTIONS AND GIFTS [24 CFR 5.609(a)(7)] Regular contributions and gifts received from persons outside the household are counted as income for calculation of the Total Tenant Payment. Any contribution or gift received for 3 consecutive months or more frequently will be considered a "regular" contribution or gift, unless the amount is less than $600 per year. This includes rent and utility payments made on behalf of the family and other cash or noncash contributions provided on a regular basis. It does not include casual contributions or sporadic gifts. (See Chapter on "Verification Procedures,," for further definition.) If the family's expenses exceed their known income, the PHA will make inquiry of the family about contributions and gifts. Admissions 6.Continued Occupancy Policy Presented to the Board o�Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 5-13 ........... ...... ....... ALIMONY AND CHILD SUPPORT [24 CFR 5.609(a)(7)] Regular alimony and child support payments are counted as income for calculation of Total Tenant Payment. If the amount of child support or alimony received is less than the amount awarded by the court, the PHA must use the amount awarded by the court unless the family can verify that they are not receiving the full amount. The PHA will accept as verification that the family is receiving an amount less than the award if: The PHA receives verification from the agency responsible for enforcement or collection. The family furnishes documentation of.child support or alimony collection action filed through a child support enforcementicollection agency, or has filed an enforcement or collection action through an attorney. It is the family's responsibility to supply a [certified) copy of the divorce decree, LUMP-SUM RECEIPTS [24 CFR 5.609(b)(4 and 5), (c)(3 and 14)] Lump-sum additions to Family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains, and settlement for personal or property losses, are not included in income but may be included in assets. Lump-sum payments caused by delays in processing periodic payments (unemployment or welfare assistance) are counted as income. Lump sum payments from Social Security or SSI are excluded from income, but any amount remaining will be considered an asset. Deferred periodic payments which have accumulated due to a dispute will be treated the same as periodic payments which are deferred due to delays in processing, Retroactive Calculation Methodology The PHA will go back to the date the lump-sum payment was received, or to the date of admission, whichever is closer. Admissions & Continued Occupancy Policy Presented to the Board of Commissioners on Sept 21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-14 The PHA will determine the amount of income for each certification period, including the lump sum, and recalculate the tenant rent for each certification period to determine the amount due the PHA. The family has the choice of paying this "retroactive" amount to the PHA in a lump sum. At the PHA's option, the PHA may enter into a Repayment Agreement with the family. The amount owed by the family is a collectible debt even if the family becomes unassisted. Attorney Fees The family's attorney fees may be deducted from lump-sum payments when computing annual income if the attorney's efforts have recovered a lump-sum compensation, and the recovery paid to the family does not include an additional amount in full satisfaction of the attorney fees, CONTRIBUTIONS TO RETIREMENT FUNDS - ASSETS Contributions to company retirement/pension funds are handled as follows: While an individual is employed, count as assets only amounts the family can withdraw without retiring or terminating employment. After retirement or termination of employment, count any amount the employee elects to receive as a lump sum. ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE The PHA must count assets disposed of for less than fair market value during the two years preceding certification or reexamination. The PHA will count the difference between the market value and the actual payment received in calculating total assets. The difference will be included in calculating total assets for two years. Assets disposed of as a result of foreclosure or bankruptcy are not considered to be assets disposed of for fess than fair market value. Assets disposed of as a result of a divorce or separation are not considered to be assets disposed of for less than fair market value. The FHA's minimum threshold for counting assets disposed of for less than Fair Market value is $1,000. If the total value of assets disposed of within the two-year period is less than $1,004, they will not be considered an asset. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-1S SIGNATURES BY SIGN114G i HIS LEASE,EACH TENANT CERTIFIES TRAT: Tenant ft: read*Or etas nad this Lease axplaine,�dr Mat'M trrn or ner,that T 0 tart JnCerStcands the Lease and amat Temant agrees to amide by the immu i3'f the Lease_ Thea,all&ifto inforrnatlor,tnz.1 Temant gave to�he k;tortty m true anti rreci. Termm un aerstar3ds ar"0 ageeeS int l 96 dd;,CACUMOt' S COM sar�sing.1 enent's=VUceti�.�ii for ream are rrer !?r i€tco trareteta in a•nd*ti de:a�'csf lhas Irease Any*nater ?nrisrepreser:tat om or OrAiszzm mare Dy Tenant Ir;trts appiscawtta a•tacurnerrs,or as pa«t of any r"xarntnatton .41l --Mtittrtea*material Dreacrt of fts Lease. That Tenant.shalt occupy the Res a as Tenartrt`s sate resmen,ce es of the Eftemlve 2te of trtis Lease, Lxecul-et:on"ne Gay of CONTPA COSTA TfrNAFFVS, WOU5tNGA JTKORMY s•: S�i�sx��. Win;Narts : Prim haaxm: r : sigrut.,we, Part Namw �igrsasi ' Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA I3-13 HOUSING AUTHORITY OF'T"ITS;COUNTY OF CONTRA COSTA A 3133 ESTUTDI:LLO STREET.P.0.BOX 275-59 MARTINEZ.,CA 94553 TCS: ura,c,a.,<; ttcir ess ,�tt nrr And All Caller Persons in Passession of the Property i,E:Leask ,tared: Monthly Dental?irtsounu S NOTICE 1S ISI R-71BY OWEN that, sursuant to the base by which you hold possession of the abov:-described.premises,there is now'due and unpaid rent for said premises in the total ,urn of S—that besciirr e due on the lust day of the month(s)of By reason oil this failure to Pay=reat on a timely basis,your terancy away tie terminated pursuant to paraggrapb 17 of the lease and in acccrdanle with the prtivisio+ 6 of Title 24 of the,Com 01 F dera.l kttrtt:ta ions and applicable Federal and California law.. Within fourteen(14)zLoys after service of this notice can vou,you are mQu.ired to Sway the rent now duce:and iinoaid on the preiiiises or to deliver up,possessior•of the premises to the undersigned. Your failure to pay°the amount demanded or to deliver ups possession of the premises wildhin fourtee. ('14)days wili Cause the undersigned to initiase i��tal pi`oceeds'ngs against yoga a ith1w furthe,-notice ro you to declare forfeiture of the.lease, to recovt~:possession of tide premises,and to sZ6,itzd :intnt fOr the r r t owed t}routl the expiration date ofthis notice u irk,c#a napes for each Writ t7';'ou.i:;:2aElt'ctt'e'`Il'tu t.i:diti:,t:E:l?iL'.L'z"zFT.'lu'.4;C:u,rrC=SlS,3i'#L'i t3CCvSSir#.';£d.iSi^Eii'SeT.fit;F,lt . �-,au are funher-notified that the.undersigned elects to declare Lai forfeiture of the iease dt;r Fc h;- vote hold Possession;s iris,•p e Mises it Vou fail to cap y the rent de raarddd above, I oL have.the right to make such,re s}�°to this notice as you may wish. You have*he right to requ.cst a 4earing in accordance with the HUD-spproved grievance procedure,a copy of which is an file,at each Housing Authority office. You have the rigb,to examine Hou-,izn;Autiiorlty dvcu=gts directly relevant to yci'aa miction. Advi.ce or assistance may be avallabile to yrDL from the Comm C:csta Legal Services,Foandatiom Dated: HOU,S'ING AUTFOIvM'OF'. HE CQUN7Y nF CONTi2 A COSTA By: A uopy of the foregoing was served on flay above-named tenant in the fo,lo,,ving rmannev P On I handed the notice to the tenant. I handed die notice to P.person of suitable are-end discretion at the Ursa it's rest,ce on ,rind seri,by first-,!ass mail a copy of the notice to the tenant at his/her olzrae of residence on I l 1 was uraatale to locate the tenant after attempting to do se on se-veral ozcasioms.so 1 pasted t#:e notice its a conspicuous place at the tenant's residence on ,and sent iv 1 lass mail a copy,of the notic; to the tenant at his/?ser place f residence on -- £3e , t ec taizde Ta a=airy ni lr ritiry or, _ _ a _ Cal f, is Ji�t7attii'4- ti.Afh=psa'd4-day,watd Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.Z, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 13-14 HOUSING AUTHORITY OF THE C(:)UNIM1 OF CONTRA COSTA 3133 Cstud;tlo Street,P,O.Box 2759 Martinet_CA 94551 FOURTEEN-DAY NOTICE PAY ADDITIONAL R,',N"#`OR t U TT TO! And All Other Persons in Possession of the Property. RE:_.eafie dated: ibforithly kentat Amount: ?v CyTICE IS HEREBY GIVENthatpursuant to the lease by which you hold possession of The above-described.premises,there is now due and unpaid additional runt(as itemized ori Attachment A attached hLrcto and incorporated herein)for said premises in the total sum of S----- that b€;ramc due;on the first:c4iy of the Tnonth(s i(If By reason of'this failure to parr additional rmil can a timely basis,your tenancy may be terminated pursuant to paragraph 17 of tine lease and in iccordaitce with the provisions of Title 24 of the'.ode of Federal Regulations and applicable Federal and California taut. Within fourteen(I4)days after service of this notice on you,you are required to pay t4:e additional rent nnw due and unpaid on the premises or to deliver up possession of the premises to the undersigned. Your failure to pay the amount dornau ded or to deliver up possession of the:premises within fourtem(14) days will noise th,undersigned to initiate legal proceedings aaminst you without A rthecr notice.to you to declare forfeiture of the-lease:,to recover possession of the premises,and.to seek judgtt mit for the additional runt owed tbrough the expiration.date of t'siis notice, You are further notified that the undersigned.elects to declare the forfeiture of the lease under which you}told possession of the vlxtmileq if you iaril to pay the a6 itioral ra=nt demanded above. You have Clic right to snake such reply to this ntrt ce 15 you may wish, You have the right to request a hearing in accordance with the HUD-approved grievance procedure,a copy of which is can fie at. each Housing Autiority office. You have the right to examine housing Authority documents directly rele Tan€to tour eviction.. Advice or,assistance nasty be available to;you from the Contra:Costa Legal Services Foundation_ Dated: I-IOURNG ACTT";-IC}liITY OFTHE CC3UN7Y of CONTRA COSTA. By. A copy of the-foregoing was served iiia'he above-named tenant in the following man aer: Jar I handed the notice to the Tenant. ] I hander's the notice to a person of suitable age and discretion at the tenant`s residence on and sent bv first Glass mail a copy of the notice to the te=nant at h.Wher pian:of residence on ] I was unable to loom the tenant.after attempting to do so on several occasions,so I:posted the notice it,a conspicuous place at the tenons resiaznce on and sent by first class snail a copy of'the notice to the tenant at his/her place oaf residence on De-lared under penalty,of pec ury on at California. signature Ptftr" A`iW'efaR'CERY 14-CDa,,A;d..aTAI Admissions &Continued Occupancy Poky Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 13-15 ItOUSINC',AI,''1`1101tt'I'1 Ckl=Mi'l`t.' t.OtiT t'}`OFC Ox',I'R,4,COSTA 3 133 f:,sitAMo Str'cet,P.6.Box 2?59 .l',3: Aid All Oih(x, c:,=i s in}'C}E,cti ZF;T3f{.stthn l'.VoIxxty. t` OTIC L l;Ii.il EBR GI*N'i.N tiz=.yt)tz ftia c c;4TTi,y,iittetl stiriotts an,.Vor rcpccrtctl-vi(ikatiazr1-of izi ctcriri WrIns of th.,1-su utider which you of tho aDovt,-doSCriIxd prcmiscsi in th-It You havu,i:xifccl to ocimply wi€h tlrc Co i.i3tio Lq aticltii rcoverinnt,,of the least as set forth on Attraiinicni A wfi u,h is at;achcd ha oto and itiei-.rgp vttr.ti lwrcin. Boma c;of this faDur,;tai cm"rply wit1J fhu is ms 0f thv laws-.e your fettaanoy may Iii,tcxn,i:idnwtl pv1-suant'6t513e".ra fir h 1 f of tho a:l;l.in=-Ordanca veith tltupwvzsi4ni of"`fiile 24 oftlic Code oI'Fcxicra Ri-LgAlaftions ane,appik*blc T"eticral and C,iiifomia law ifyvu do ittst 4tstzrl06cans aildior covor•iants ortbo)w;Iso as retllzit- air AT'ichniefil A, Vvi "tial titir"y(330)-clay=s affor sc vic of fibs fiwucc on yovr you ars:rujuircd to perforni the Conditions,tiiflioT in A4.t mhincnt A or it,)Atilt and deliver up pos'sessi in of:hc }rrcmis:,s to`ik?C tr[3dcni4Q'.?iiA,anti lliC.'tttafC'CYi��iiC'd hcrcoy cIC:Is to dccl=tic fC-Cs,t flurlbitzd, lfyota do, i?t]t`r:)piy''with inx coadlidoos<2.}d"o-covennats of fite lvast=£ts rcCliiircdt on Atistvi"1m2 v,i A or vnat.c tl'Tr; iJr arri by Bic end of ilia thirty(3"),tial+lit."riod,iv;; t vvill ho i Witulctl opinsi you without ftirthor noticc to"yow to dcclarc thu forf4jtwc,oftlic fG;t'se,to Tocovcr t7=wniol oft e pxridsug,and to scek a,juct-rium',avainst you for rvnt oim::d ihrt ugh the datL,(if notice v•itii d Im"i gc',;f'or(.:I'Al d-av o f v wfu,,-I.1 i.a di:ac,a72`.l}1t,dar)K:lt?es,cost,-,,and iwU ,s;xry dis1319Y"+,"',',k7w.'.l:t6 Yotr havo the right to at 2kl sawh r;ply%)this nnticc as you may wish, YOU ti;nVe 413c;:refit to i:.cltrc-,a a}ems Hilt;,it at=idar ti.e with the I it fl'A_„fal”to '�pricivawc procetui rc,a copy of Which,is Oil LUC in:a;; Ii lTousiri�Au:hsJrityttC!`tz;c. 'lftiu h�iv;;�}a ri:>1.1 ttJ ccrirJiin;;��:iusiai�;A.rtirt;rltyitoc-�tri;�#rtes c)irtrutiyrulcvrit3T its ynztt cYiutinia. tial rice oe•tissisttzsrce sa2<�.�too ati*ailaEaZt;tci r�otr it�ort;Tlzc:�or�tt~<;'�s>stti !q-.1 Scrvices Foundation, '18UNG At."#"Hw RT'r 'OF ThE COUNTY OF CON"'FRA COSTA .N A Copy of 11w forego ing was s,.rvoI on the rtlsti c nnrT cif tcmwi iti 6c folk+twine rulnre„. On_ ..,. - r l l?firi.tCC''thro,T;t)tPC:L`te.th,,,'Ioi:ix7,:.. ( §Y<1nded the notic<:to a pntstiri Braila"Ai,-ige wid dism-ts1 mat t'hc twnant's rcrsidence imi.;ont by first utas,entail n crony of ifsu noliv;,to ti3a tcri,,w at tits liv piaci taf ruictnricc f wis v??1aWe i;;i loi-atf`r the tw,:£:t ere ter i31,-;'Ta Cjo so ot,stn eras Cocx,tFfin ,so F pogt d,tf c P od,-;�lri Fl Gt311SY3< t.'C}it&phlcCt tit l T ttli,.ityi S c,'ikj mac 4 Ci..._ _ YY A aCi7: 7ti iirsi class Ethril,l cony o tlrc anti:C to V't", ftisil.r pllnc of n 5idcric,on _ Dc: Iaircd undo;'Iictxrity of fJc"Ju:y tit) s: C alifor?iIa. Siprsuuru fa 11'.f t_i`5.w1'.'.0.uswe..t,,.r:nr.36-:'mF:rsa.t:r{y,;a.aes Admissions Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY 0= CONTRA COSTA 13-16 HOUSING.AMORM OF THE COUNTY OF C( N'MA COSTA 3133 Estudlile Street,P..O.Box 2759 Martluez,+Cry 94553 rrATIQED .' .. TO: (Name and address gftcnant) And All Other Persons in.Possession of the Property. NOTICE IS HEREBY GIVEN haat you have eoaninitted serious and/or repeated violations of material terries of the lease tender which you.hold possession of the above-described premises in.that you have failed to comply with the conditions and/or covenants of the/ease as set fortlx on 4ttas.ktzxaecst A,which is attached hereto and incorporated herein. By rc soza ofthiis f It to crrmply with the tezaras of the lease,your tenancy may be terminated pursuant to paragraph 17 of the lease and in aceordante with the provisions of Title 24 of the Code of federal.Regulations and applicable Federal and California law. Within thirty(30)days after service of this notice on you,you are required/to quit and deuver up possession of the premises to the undersigned. If you do not vacate the premises by the end of the thinly Gill-dav period,legal proceedings will be instituted against yors without fu her netice to you to declare forfeiture of the lease,to recover possession of the premises,and to seek,a judgment against you for rent owed through the expiration date of this notice with damages for each day of occupancy after that date,r.�^ble damages,assts,and neceasary disbursements. You are further notified that the undersigned elects to declare the forfeiture of the lease under which you boll possession of the pr:.rnzses. You have the right to make such reply to this notice as you may wish. You have the right to request a hearing in accordance with the HUD-approved grievance procerttrre,a copy of which is on file at each Mousing Authority office. You have the right to examine Housing Authority docs.ment$ directly relevant to your eviction. Advice or assistance:maybe available ter.you from the Contras.Costa Legal Services Foundation. Dated. HOUSING.AL"MOTtI"t`Ole THE CG3L3tVTY OF CONTRA SOS A, BY: A copy of the foregoing was served on the above-wed tenant in the follo-vwring manner: J On ,I handed the notice to the tenant- T handed the notice to a person of suitable age and discretion at the tenant's residence on .and sent by first class mail a copy of the notice to the tenant at his/her place of residence on [ I I was unable to locate the tenant after attempting to do so can sever occasions,so I pasted,the notice in a conspicuouslace at the tenant"s resxd:esace on anal sent by first class mail a copy of the Notice to the tenant at hisser place:of'residence sant Declared dander penak,of perjury on at California, Signature Admissions &Continued Occupancy Po icy Presented to the ward o-,r'Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 13-17 DOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 3133 E tudillo Street,P.O. Box 2759 Martinez, CA 94553 THREE-DAY N07LICc TC} I IT Thxeat to.Health and.Safety) TO: (.A arise and address cafrenant) And.All Others in Possession of the Property. NOTICE IS HEREBY Gly .Ns t iat,pt�xsu.ant to parw�ph l7 cf tdie irase acid is ac ordznce with the provisions of'Title 24 of the Code of Fed=l Regulations and applicable Federal and California lain.vr.thm ar (3'days after serv'icc on you or this n€stice,you are requited to tlusi and deliver up possession of the ahrvv-descriacd premises to the uxnders+died or legal prciceac xis ww11 be caisxnseticed against yoti without firther notice to foul, your failure to deliver a pcssscssic�i�f the lsrczsa ses�,=ith u t�'�rew:�3 j da swill cause the lundenft—n d to initiate legal procef>C inn a IIISt you to d °lart a fbrfwimre of true!ease,to T'ei^oVe:' ^tassersion of t:e premises,and to seek a Judgment agamst you for ren:owed difcaugh the expiration date or tilts notice wvith damn ftir .9w1 t* of occupanccy utiler that date., Crit;tuiiinage<s,casts,aria necessa r disbursements. You are fu :h= no-6 aed that the undcmiea etet:tr�to declare tl:e fore.urc, of the Ims',under"vvhilich you hold possession o the premiscs. The rcason f[L��i this notice and Y++Ca*r`�I S'+$WItt^I.£yn ofyi�+�u�r��ft:'f1E$.PPSf cy is that 49;"ou ar,e in NI".cac Qr t G �e+c::'ie a s`h'ut:ortid in A i chii'ent:""k.,,which is P ch.i»d,herez�aae Aiicor�lo= d hefle..t:., 'Y`u li<%i''W.tht r'iaht to Ct'ake ska'C.h reply to titre notice as"Y,?u ri av".'L'isl; `mu l«avt fz.-right rte renuest a hearing it,accordance with the HUM_approved eicane protied>ure a.cop",of`u=lsicli is 0- file at eaC�Housing.�3,utirl£}�'�t o is , You have the.right to examine Housirig Autho'r"ity documents directly relevant to your ev-1mica. Advice or assi hall-'maybe ilvailabl:.' to'fou from,the Contra Costa Legal,Sen'i^cs Foundation, ' Dated: _ HOUSING AL I HORI-I "t'OF'THEE COU—N 'Y OF CONTRA COS x By: Housing Manager a copy of the foregoing was scTved on the above-rimed tenaw iris.the following roamer._______. M [ f ("n >1 handed the notice to the [ I handed the notice to a.person of suitable age and discretion:at the tenant's residence on -Id.sent{y Hast cuss mail a copy ofth notice to thetenant at hislner mace Ps�r"v resicl{�e�lricnv rein p� nn +]�e p�4 Y+S .7�.r, u�� Yv n t�fh va Iwasunable G+J 3.1�hrKxbw..�+.SS t.�..%�i.5k.t kt after d�.GL S��i watiau. to LLW JW Vii 14'',�iJ 7vwnn.ii iabN g.v"`k�d F/'{✓ste,� M'Aw nonce in a col'sDicuous pla=at the tea=t's residence cinmrd sent o� first C=s mail a copy of the notice it)the t 'nt at his/her place of res€&-nc Lt an Declared zindez-penalty of peru v on �._ _ ...�,at California. ssnG'+�datiz uz Admissions &Continued OcCupancy Poky Presented to the Board of Commissioners on Sept.21., 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1.3-18 Chapter 14: COMPLAINTS, GRIEVANCES AND APPEALS [24 CFR Part 966 Subpart B) INTRODUCTION The informal hearing requirements defined in HUD regulations are applicable to participating families who disagree with an action, decision, or inaction of the PHA. This Chapter describes the policies to be used when families disagree with a PHA decision. It is the policy of the PHA to ensure that all families have the benefit of all protections due to them under the law. Grievances shall be handled in accordance with the PHA's approved Grievance Procedures. The written grievance procedure is incorporated into this document by reference and is the guideline to be used for grievances and appeals. COMPLAINTS The PHA will respond promptly to all complaints. Each complaint regarding physical condition of the units may be reported by phone to the Housing Manager or his/her office. Anonymous complaints are checked whenever possible. The PHA does not require that complaints be put in writing. Complaints from families. If a family disagrees with an action or inaction of the PHA, complaints will be referred to the Housing Manager. Complaints regarding physical condition of the units may be reported by phone to the Housing Manager on his/her office. Complaints from staff. If a staff person reports a family is violating or has violated a lease provision or is not complying with program rules, the complaints will be referred to the Housing Manager. Complaints from the general public Complaints or referrals from persons in the community in regard to the PHA or a family will be referred to the Housing Manager. APPEALS BY APPLICANTS Applicants who are determined ineligible, who do not meet the PHA's admission standards, or where the PHA does not have an appropriate size and type of unit in its inventory will be given written notification promptly, including the reason for the determination. Admissions B.Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 14-1 Ineligible applicants will be promptly provided with a letter detailing their individual status, stating the reason for their ineligibility, and offering them an opportunity for an informal hearing. Applicants must submit their request for an informal hearing in writing to the PHA within 10 working days from the date of the notification of their ineligibility. If the applicant requests an informal hearing, the PHA will provide an informal hearing within 10 working days of receiving the request. The PHA will notify the applicant of the place, date, and time. Informal hearings will be conducted by an impartial hearing officer. The person who is designated as the hearing officer cannot be the person who made the determination of ineligibility or a subordinate of that person. The applicant may bring to the hearing any documentation or evidence s/he wishes and the evidence along with the data compiled by the PHA will be considered by the hearing officer. The hearing officer will make a determination based upon the merits of the evidence presented by both sides. Within 10 working days of the date of the hearing, the hearing officer will mail a written decision to the applicant and place a copy of the decision in the applicant's file. The grievance procedures for Public Housing tenants do not apply to PHA determinations that affect applicants. APPEALS BY TENANTS Grievances or appeals concerning the obligations of the tenant or the PHA under the provisions of the lease shall be processed and resolved in accordance with the Grievance Procedure of the PHA, which is in effect at the time such grievance or appeal arises. (See the PHA's Grievance Procedure contained in this chapter.) HEARING AND APPEAL PROVISIONS FOR "RESTRICTIONS ON ASSISTANCE TO NON-CITIZENS" Assistance to the family may not be delayed, denied or terminated on the basis of immigration status at any time prior to the receipt of the decision on the INS appeal. Assistance to a family may not be terminated or denied while the PHA hearing is pending but assistance to an applicant may be delayed pending the PHA hearing, Admissions &Continued Occupancy Policy Presented to the Boo-rd ol'Commissioners on Sept.2T,2004 1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1-4-2 INS Determination of Ineligibility If a family member claims to be an eligible immigrant and the INS SAVE system and manual search do not verify the claim, the PHA notifies the applicant or tenant within ten days of their right to appeal to the INS within thirty days or to request an informal hearing with the PHA either in lieu of or subsequent to the INS appeal. If the family appeals to the INS, they must give the PHA a copy of the appeal and proof of mailing or the PHA may proceed to deny or terminate. The time period to request an appeal may be extended by the PHA for good cause. The request for a PHA hearing must be made within fourteen days of receipt of the notice offering the hearing or, if an appeal was made to the INS, within fourteen days of receipt of that notice. After receipt of a request for an informal hearing, the hearing is conducted as described in the "Grievance Procedures" section of this chapter for both applicants and participants. If the hearing officer decides that the individual is not eligible, and there are no other eligible family members the PHA will: • Deny the applicant family. • Terminate the participant. If there are eligible members in the family, the PHA will offer to prorate assistance or give the family the option to remove the ineligible members. All other complaints related to eligible citizen/immigrant status: • If any family member fails to provide documentation or certification as required by the regulation, that member is treated as ineligible. If all family members fail to provide, the family will be denied or terminated for failure to provide. • Participants whose assistance is pro-rated (either based on their statement that some members are ineligible or due to failure to verify eligible immigration status for some members after exercising their appeal and hearing rights described above) are entitled to a hearing based on the right to a hearing regarding determinations of Tenant Pent and Total Tenant Payment. • Families denied or terminated for fraud in connection with the non-citizens rule are entitled to a review or hearing in the same way as terminations for any other type of fraud. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUT-IORiTY OF THE COUNTY OF CONTRA COSTA I4-3 GRIEVANCE PROCEDURES Definitions Grievance. Any dispute which a tenant may have with respect to a Housing Authority action or failure to act in accordance with the individual tenant's lease or PHA regulations that adversely affect the individual tenant's rights, duties, welfare, or status. Complainant. Any tenant whose grievance is presented to the PHA or at the site/management office informally or as part of the informal hearing process. Hearing Officer/Hearing Panel. A person or persons selected in accordance with this grievance procedure to hear grievances and render a decision with respect thereto. Tenant. A lessee or the remaining head of household of any tenant family residing in housing accommodations owned or leased by the PHA. 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. • Adequate notice to the tenant of the grounds for terminating the tenancy and for eviction; • Opportunity for the tenant to examine all relevant documents, records, and regulations of the PHA prior to the trial for the purpose of preparing a defense; • Right of the tenant to be represented by counsel; • Opportunity for the tenant to refute the evidence presented by the PHA including the right to confront and cross-examine witnesses and to present any affirmative legal or equitable defense which the tenant may have; • A decision on the merits of the case. Applicability This Grievance Procedure applies to all individual grievances, except any grievance concerning a termination of tenancy or eviction that involves: • Any activity, not just criminal activity, that threatens the health, safety, or right to peaceful enjoyment of the premises of other residents or PHA employees, or • Any drug-related criminal activity on or off such premises. Admissions &Continued Occupancy Poticy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTS OF CONTRA COSTA 14-4 Pre-Hearing Procedures Informal Conference Procedures Any grievance shall be presented orally or in writing to the PHA office or to the housing management office that sent the notice on which the grievance is based. Written grievances must be signed by the complainant. The grievance must be presented within 10 working days. It may be simply stated, but shall specify: • The particular grounds upon which it is based, • The action requested; and • The name, address, and telephone number of the complainant, and similar information about the complainant's representative, if any. The purpose of the initial discussion is to discuss and to resolve the grievance without the necessity of a formal hearing. Within five working days, a summary of this discussion will be given to the complainant by a PHA representative. One copy will be filed in the tenant's file. The summary will include: names of participants, the date of the meeting, the nature of the proposed disposition, and the specific reasons for the disposition. The summary will also specify the steps by which a formal hearing can be obtained. Dissatisfaction with Informal Conference If the complainant is dissatisfied with the proposed disposition of the grievance, s/he shall submit a written request for a hearing within 10 working days of the date of the summary of the informal meeting. The request for a hearing must be presented to the PHA's central office. The request must specify the reason for the grievance request and the relief sought. Failure to Request a Formal Hearing If the complainant does not request a formal hearing within 10 working days, s/he waives his/her right to a hearing, and the FHA's proposed disposition of the grievance will become final. This section in no way constitutes a waiver of the complainant's right to contest the PHA's disposition in an appropriate judicial proceeding. Right to a Hearing After exhausting the informal conference procedures outlined above, a complainant shall be entitled to a hearing before a hearing officer. • The Tenant must attend the hearing. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21;2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 14-5 • If rescheduling of the hearing is necessary, the hearing must be rescheduled at least 72 hours in advance of the scheduled hearing time. • If the complainant fails to appear within 15 minutes of the scheduled time, the complainant waives their right to a hearing. The PHA will provide reasonable accommodation for persons with disabilities to participate in the hearing. The PHA must be notified within 5 days of the scheduled time if special accommodations are required. Selection of Hearing Officer A grievance hearing shall be conducted by an impartial person or persons appointed by the PHA other than the person who made or approved the PHA action under review, or a subordinate of such person. Procedures to Obtain a Hearing Informal Prerequisite All grievances must be informally presented as a prerequisite to a formal hearing. The hearing officer may waive the prerequisite informal conference if, and only if, the complainant can show good cause why s/he failed to proceed informally. Hearing Procedures The hearing shall be held before a hearing officer. The complainant shall be afforded a fair hearing and be provided the basic safeguards of due process to include: • The opportunity to examine and to copy before the hearing, at the expense of the complainant, all documents, records and regulations of the PHA that are relevant to the hearing with at least a 24 hour notice to the Housing Manager prior to the hearing. Any document not so made available after request by the complainant may not be relied upon by the PHA at the hearing. • The PHA shall also have the opportunity to examine and to copy at the expense of the PHA all documents, records and statements that the family plans to submit during the hearing to refute the PHA"s inaction or proposed action. Any documents not so made available to the PHA may not be relied upon at the hearing. • The right to a private hearing unless otherwise requested by the complainant. • The right to be represented by counsel or other person chosen as a representative. • The right to present evidence and arguments in support of the complaint, to controvert evidence presented by the PHA, and to confront and cross-examine all witnesses upon whose testimony or information the PHA relies, limited to the issues for which the complainant has received the opportunity for a formal hearing; and Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA I4-6 • The right to a decision based solely and exclusively upon the facts presented at the hearing. If the hearing officer determines that the issue has been previously decided in another proceeding, a decision may be rendered without proceeding with the hearing. If the complainant or PHA fail to appear at the scheduled hearing, the hearing officer may: • postpone the hearing for a period not to exceed 5 days. make a determination that the party has waived his/her right to a hearing. Such a determination in no way waives the complainant's right to appropriate judicial proceedings in another forum. At the hearing, the complainant must first make a showing of an entitlement to the relief sought and thereafter the PHA must sustain the burden of justifying the PHA action or failure to act against which the complaint is directed. HEARINGS Informal - Oral and 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 shall be conducted by a hearing officer. Formal - The hearing officer shall require the PHA, complainant, counsel, and other participants and spectators to conduct themselves in an orderly manner. The failure to comply with the directions of the hearing official/panel to maintain order will result in the exclusion from the proceedings, or a decision adverse to the interests of the disorderly party and granting or denial of the relief sought, as appropriate. The PHA arranges, in advance, in writing, for a transcript or audiotape of the hearing. Any interested party may purchase a copy of such transcript. Decisions of the Hearing Officer/Panel The hearing officer shall give the PHA and the complainant a written decision, including the reasons for the decision, within 10 working days following the hearing. The PHA will place one copy in the tenant files. The written decision will be sent to the address provided at the hearing. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 14-7 The decision of the hearing officer shall be binding on the PHA which shall take all actions necessary to carry out the decision, unless the complainant requests Board action within 10 working days prior to the next Board meeting. The PHA Commissioners' decision will be mailed to the complainant within 10 days following the Board meeting, and so notifies the complainant that: • The grievance does not concern the PHA action or failure to act in accordance with or involving the complainant's lease or PHA regulations which adversely affect the complainant's rights, duties, welfare or status; • The decision of the hearing officer is contrary to applicable Federal, State, or local law, MUD regulations or requirements of the Annual Contributions Contract between HUD and the PHA. A decision by the hearing officer or PHA Commissioners in favor of the PHA or which denies the relief requested by the complainant in whole or part shall not constitute a waiver of, nor affect in any manner whatever, the rights of the complainant to a trial or judicial review in any proceedings which may thereafter be brought in the matter. Housing Authority Eviction Actions If a tenant has requested a hearing in accordance with these duly adopted Grievance Procedures on a complaint involving a PHA notice of termination of tenancy. and the hearing officer. upholds the PHA action, the PHA shall not commence an eviction action until it has .served a notice to vacate on the tenant. In no event shall the notice to vacate be issued prior to the decision of the hearing office. Such notice to vacate must be in writing and specify that if the tenant fails to quit the premises within the applicable statutory period, or on the termination date as stated in the notice of termination, whichever is later, appropriate action will be brought against the complainant. Admissions &Continued Occupancy Poiicy Presented to the Board o,Commissioners on Sept.21;2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 14•-8 Chapter 15: FAMILY [DEBTS TO THE PHA INTRODUCTION This Chapter describes the PHA's policies for the recovery of monies that have been underpaid by families. It describes the methods that will be utilized for collection of monies and the guidelines for different types of debts. It is the FHA's policy to meet the informational needs of families, and to communicate the program rules in order to avoid family debts. Before a debt is assessed against a family, the file must contain documentation to support the FHA's claim that the debt is owed. The file must further contain written documentation of the method of calculation, in a clear format for review by the family or other interested parties. When families owe money to the PHA, the PHA will make every effort to collect it. The PHA will use a variety of collection tools to recover debts including, but not limited to: • Requests for lump sum payments • Civil suits • Payment agreements • Collection agencies • Credit bureaus PAYMENT AGREEMENT FOR FAMILIES A Payment Agreement as used in this Plan is a document entered into between the PHA and a person who owes a debt to the PHA. It is similar to a promissory note, but contains more details regarding the nature of the debt, the terms of payment, any special provisions of the agreement, and the remedies available to the PHA upon default of the agreement. The maximum length of time the PHA will enter into a payment agreement with a family is 18 months. Late Payments A payment will be considered to be in arrears if: • The payment has not been received by the close of the business day on which the payment was due. If the due date is on a weekend or holiday, the due date will be at the close of the next business day. Admissions & Continued Occupancy Poiicy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 15--x. ........... ........ If the family's payment agreement is in arrears, the PHA will: • Require the family to pay the balance in full • Pursue civil collection of the balance due • Terminate tenancy If the family requests a transfer to another unit and has a payment agreement in place and the payment agreement is not in arrears: * The family will be permitted to move. There are some circumstances in which the PHA will not enter into a payment agreement. They are- * If the PHA determines that the family has committed program fraud. Guidelines for Payment Agreements Payment agreements will be executed between the PHA and the head of household and spouse. Monthly payments may be decreased in cases of hardship with the prior notice of the family, verification of the hardship, and the approval of the Housing Manager. Additional Monies Owed If the family has a payment agreement in place and incurs an additional debt to the PHA: • Additional amounts owed by the family will be added to the existing payment agreement. DEBTS DUE TO FRAUD/NON-REPORTING OF INFORMATION HUD's definition of program fraud and abuse is a single act or pattern of actions that constitutes false statement, omission, or concealment of a substantive fact, made with intent to deceive or mislead. Family Error/Late Reporting Families who owe money to the PHA due to the family's failure to report increases in income will be required to repay in accordance with the payment procedures for program fraud, below. Families who owe money to the PHA due to the family's failure to report increases in income will be required to repay in a Jump sum within 30 days. If the family pays the amount if full within this time period, the PHA may continue assistance to the family. Admissions &Contin ued Occur, arlcy Poky Presented to the Board of Commissioners or, Sert,21,2004 HOUSING AUTHORITY OF THE COUNT Y OF CONTRA COSTA 15-2 ... . .... .......... Program Fraud Families who owe money to the PHA due to program fraud will be required to repay it in accordance with the payment procedures for program fraud, below. Families who owe money to the PHA due to program fraud will be required to repay the amount in full within 30 days. If the full amount is paid within this time period, and the family is still eligible, the PHA may continue assistance to the family. If a family owes an amount which equals or exceeds $10,000 as a result of program fraud, the case will be referred to the Inspector General. Where appropriate, the PHA will refer the case for criminal prosecution. Payment Procedures for Program Fraud Families who commit program fraud or untimely reporting of increases in income will be subject to the following procedures: The maximum time period for a payment agreement will be 1 month. WRITING OFF DEBTS Debts will be written off if: • A determination is made that the debtor is judgment proof. • The debtor is deceased. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING A1JTHOR!TY OF THE COUNTY OF CONTRA COSTA �.5-3 Chapter 16: COMMUNITY SERVICE. [24 CFR Part 960 Subpart F and 24 CFR 903.7(1)] REQUIREMENT In order to be eligible for continued occupancy, each adult family member 18 to 62 must (1) contribute eight hours per month of community service (not including political activities) or (2) participate in an economic self-sufficiency program, or(3) perform eight hours per month of combined activities as previously described unless the adult family is exempt from this requirement. COMMUNITY SERVICE REQUIREMENT SUSPENDED According to the Veteran Affairs and Urban Development Independent Agencies Appropriation Act, 2402, the Housing Authority of the County of Contra Costa will not implement or enforce the community service requirement provision of the lease until at least March 31, 2003. Therefore, the community service requirement will be suspended effective March 1, 2002. EXEMPTIONS The following adult family members of tenant families are exempt from these requirements: • Family members who are 62 or older. • Family members who are blind or disabled as defined under 216 (1)(1) or 1614 of the Social Security Act (42 U.S.C. 416(1)(1)) and who certifies that because of this disability she or he is unable to comply with the community service requirements. • Family members who are the primary care giver for someone who is blind or disabled as set forth in second paragraph above. • Family members engaged in work activity. • Family members who are exempt from work activity under Party A Title IV of the Social Security Act or under any other state welfare program, including welfare-to- work and who are in compliance with the program. • During the year residents are permitted to change exemption status if they find work or start a training program. • individuals participating in self-sufficiency activities that are designated to encourage, assist, train or facilitate economic independence. • Individuals enrolled in a recognizable educational institution that leads to obtaining a degree or vocational certification. Admissions & Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21.,2004 HOUSING AUTHOR`T Y OF THE COUNTY OF CONTRA COSTA 1.6-1. • duly elected resident council officers volunteering at least 3 hours a month to serve their community's membership. DEFINITION OF ECONOMIC SELF-SUFFICIENCY PROGRAM For purposes of satisfying the community service requirement, participating in an economic self-sufficiency program is defined, in addition to the exemption definitions described above, by HUD as: Any program designed to encourage, assist, train or facilitate economic independence of assisted families or to provide work for such families. These economic self-sufficiency programs can include job training, employment counseling, work placement, basic skills training, education, English proficiency, workfare, financial or household management, apprenticeship, or any other program necessary to ready a participant to work (such as substance abuse or mental health treatment). In addition to the HUD definition above, the PHA definition includes any of the following: • Participating in the Family Self-Sufficiency Program and being current in the steps outlined in the Individual Training and Services Plan. • Other activities as approved by the PHA on a case-by-case basis. The PHA will give residents the greatest choice possible in identifying community service opportunities. The PHA will consider a broad range of self-sufficiency opportunities. ANNUAL DETERMINATIONS For each public housing resident subject to the requirement of community service, the PHA shall, at least 30 days before the expiration of each lease term, review and determine the compliance of the resident with the community service requirement. Such determination shall be made in accordance with the principles of due process and on a nondiscriminatory basis. The PHA will verify compliance annually. If qualifying activities are administered by an organization other than the PHA, the PHA will obtain verification of family compliance from such third parties. Family members will not be permitted to self-certify that they have complied with community service requirements. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1b-2 NONCOMPLIANCE If the PHA determines that a resident subject to the community service requirement has not complied with the requirement, the PHA shall notify the resident of such noncompliance, and that: • The determination of noncompliance is subject to the administrative grievance procedure under the PHA's Grievance Procedures; and • Unless the resident enters into an agreement to comply with the community service requirement, the resident's lease will not be renewed, and • The PHA may not renew or extend the resident's lease upon expiration of the lease term and shall take such action as is necessary to terminate the tenancy of the household, unless the PHA enters into an agreement, before the expiration of the lease term, with the resident providing for the resident to cure any noncompliance with the community service requirement, by participating in an economic self- sufficiency program for or contributing to community service as many additional hours as the resident needs to comply in the aggregate with such requirement over the 12-month term of the lease. • The head of household and the noncompliant adult must sign the agreement to cure. Ineligibility for Occupancy for Noncompliance The PHA shall not renew or extend any lease, or provide any new lease, for a dwelling unit for any household that includes an adult member who was subject to the community service requirement and failed to comply with the requirement. PHA RESPONSIBILITY The PHA will ensure that all community service programs are accessible for persons with disabilities. The PHA will ensure that: • The conditions under which the work is to be performed are not hazardous; • The work is not labor that would be performed by the PHA's employees responsible for essential maintenance and property services; or • The work is not otherwise unacceptable. PHA IMPLEMENTATION OF COMMUNITY SERVICE REQUIREMENT The PHA's Community Service program is described in the PHA Plan. The PHA will administer its own community service program, with cooperative relationships with other entities. Admissions &Continued Occupancy Poticy Presented to the Board of Commissioners on Sept.21;2004 HOUSING AUTHORITY OF THE COUNTY CSP CONTRA COSTA 1b-B The PHA will provide to residents a brochure of community service and volunteer opportunities available throughout the community. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 16-4 Chapter 17: SATELLITE DISH AND ANTENNA POLICY PURPOSE To establish a policy which allows tenants to install satellite dishes and antennae at their dwelling units which provides financial protection to the Housing Authority through the indemnification and hold harmless requirement; protects Housing Authority assets by requiring approval of the method and location of installation and requiring credentials from the dish installer; and requires a security deposit in case of damage to the property, or in case the resident vacates the unit without removing the dish or antenna. POLICY A resident of a Housing Authority unit has a right to install a satellite dish or receiving antenna within the leased premises. The Housing Authority imposes the following reasonable restrictions to which the resident must comply as allowed under the rules of the Federal Communications Commission. 1. Number and size: Resident may install only one satellite dish or antenna within the premises that are leased to the resident for the resident's exclusive use. A satellite dish may not exceed 39 inches (1 meter) in diameter. An antenna or dish may receive, but not transmit, signals. 2. Location: Location of the satellite dish or antenna is limited to: • inside resident's dwelling, or • in an area outside resident's dwelling, such as the balcony, patio, yard, etc. of which the resident has exclusive use under lease. Installation is not permitted on any parking area, roof, exterior wall, window, fence or common area, or in an area that other residents are allowed to use or may use. A satellite dish or antenna may not protrude beyond the vertical and horizontal space that is leased to the resident for the resident's exclusive use. Residents of single family units may install a satellite dish or antenna on the exterior of the building where no rear yard or exterior balcony exists. 3. Safety and Nan-interference: Resident's installation, • must comply with reasonable safety standards, and • may not interfere with the Housing Authority's cable, telephone, or electrical systems or those of neighboring properties; • may not be connected to Housing Authority's telecommunications systems; and • may not be connected to Housing Authority's electrical system except by plugging into a tenant-billed 110 volt duplex receptacle. Admissions &.Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSIIIC AUTHORITY OF THE COUNTY OF CONTRA COSTA 17-1 __. If the satellite dish or antenna is placed in a permitted outside area, it must be safely secured by one of three methods: • securely attaching to a portable, heavy object; • clamping it to a part of the building's exterior that lies within resident's leased premises (such as a balcony or patio railing); or • any other method approved by the Housing Authority which will not result in any damage to Housing Authority property. No other methods are allowed. The Housing Authority may require that resident block the satellite dish or antenna with plants, etc., so long as it does not impair resident's reception. 4. Signal transmission from exterior dish or antenna to interior of dwelling: Resident may not damage or alter the leased premises and may not drill holes through outside walls, door jams, windowsills, etc. if resident's satellite dish or antenna is installed outside resident's living area (on balcony, patio, or yard of which resident has exclusive use under lease), signals received by resident's satellite dish or antenna may be transmitted to the interior of resident's dwelling only by, • running a flat cable under a door jam or windowsill in a manner that does not physically alter the premises and does not interfere with proper operation of the door or window; • any other method approved by the Housing Authority. 5. Workmanship: For safety purposes, resident must obtain the Housing Authority's approval of: • strength and type of materials to be used for installation, and • the qualified person or company who will perform the installation. A qualified person or a company that has workers' compensation insurance and adequate public liability insurance must do the installation. The Housing Authority's approval will not be unreasonably withheld. Resident must obtain any permits required by local ordinances for the installation and comply with any applicable local ordinances and state laws. 6. Maintenance: Resident will have the sole responsibility for maintaining resident's satellite dish or antenna and all related equipment. The Housing Authority may require the tenant to temporarily remove or change the location of the satellite dish or antenna if necessary to make repairs to the building. 7. Removal and damages: resident must remove the satellite dish or antenna and all related equipment when resident moves out of the dwelling, or HACCC will become the rightful owner, with the right to dispose of the equipment as it wishes. Resident must pay for any damages and for the cost of repairs or repainting which may be reasonably necessary to restore the leased premises to Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 17-2 .................... ................. its condition prior to the installation of resident's satellite dish or antenna and related equipment. 8. Deposit: The Housing Authority requires a security deposit for the satellite dish or antenna. The security deposit is one hundred dollars ($100.00) and is intended to help protect the Housing Authority against possible repair costs, damages, or any failure to remove the satellite dish or antenna and related equipment at the time of move out. This deposit does not imply a right to drill into or after the leased premises. 9. Liability insurance and indemnity: resident is fully responsible for the satellite dish or antenna and related equipment. Prior to installation, resident must provide the Housing Authority with evidence of liability insurance and name the Housing Authority of the County of Contra Costa as an additional insured, to protect Housing Authority against claims of personal injury to others and property damage related to resident's satellite dish, antenna or related equipment. The insurance coverage must be no less than $100,000 (which is an amount reasonably determined by the Housing Authority to accomplish that purpose) and must remain in force while the satellite dish or antenna remains installed. The aforementioned policy shall contain a provision that the insurance afforded to the Housing Authority shall be primary insurance to the full limits of the policy and that, if the additionally insured has other insurance or self-insurance against a loss covered by such policy, such insurance or self-insurance shall be excess insurance only. Before beginning installing, the tenant shall submit to the Housing Authority a Certificate of Insurance issued by the insurer, evidencing the required coverage and requiring the carrier to give at least thirty (30) days written notice to the Housing Authority of any cancellation, non-renewal or material modification of the policy. Certificate of Insurance: The Contractor shall provide the HACCC with (a) certificate(s) of insurance evidencing liability and workers' compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(jes) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. Additional Insurance Provisions: The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to the HACCC before cancellation or material changes of the above. Indemnification: Tenant shall defend, indemnify, save, and hold harmless the HACCC and its officers, agents, and employees from any and all claims, costs, and liability for any damages, sickness, death, or injury to person(s) or property, Admissions &Continued Occupancy Poticy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 17-3 including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the satellite dish or antenna of the tenant or its agents, servants, employees, or subcontractors hereunder. Tenant will reimburse the HACCC for any expenditures, including reasonable attorneys' fees, the HACCC may make by reason of the matters that are the subject of this indemnification and, if requested by the HACCC, will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Tenant. This paragraph shall survive any termination of this agreement. Admissions B.Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21; 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 17-4 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESIDENT HACCC Staff Signature Signature of the Resident Address: Printed Name of the HACCC Staff Date Printed Name of the Resident Signature of Witness Printed Name of the Witness Date Admissions Continued Occupancy Policy Presented to tre Board of Commissioners on Sept.21.,2004 HOUSING AUTHORITY OF THE COUNTY Or' CONTRA COSTA 1.7-5 Chapter 18: PUBLIC HOUSING HOMEOWNERSHIP PROGRAM GENERAL PROVISIONS (24 CFR 906) (Sect. 32) The Public Housing Horne Ownership Program of the Housing Authority of the County of Contra Costa ("HACCC") makes available for purchase by low income families for use as their principal residences public housing dwelling units, public housing developments, and other housing units or developments owned, assisted or operated, or otherwise acquired by the PHA for sale under a homeownership program in connection with the use of assistance provided under the 1937 Act (1937 Act funds). ELIGIBLE PURCHASERS (24 CFR 906.11) Entities that purchase units from PHA for resale to low-income families (purchase and resale entities or PRFs) and low-income families are eligible to purchase properties made available for sale under a PHA homeownership program. HACCC has the option to consider selling property to PREs. It may also exercise its option to sell property directly only to eligible purchasers. RICHT OF FIRST REFUSAL (24 CFR 906.13) • HACCC shall initially offer the unit to the resident occupying the unit, if any, notwithstanding the requirements of 906.15(a) and 906.15(c). • This program does not require the HACCC, when selling a unit that is non- public housing unit, to offer the unit for sale first to the current resident of the unit. FAMILY ELIGIBILITY REQUIREMENTS (24 CFR 906.15) • Low-income requirement. Except in the case of a PHA's offer of first refusal to a resident occupying the unit under 906.13, a family purchasing a property under a PHA homeownership program must be a low-income family, as defined in section 3 of the 1937 Act (42 U.S.C. 1437a), at the time the contract to purchase the property is executed. • Principal residence requirement. The dwelling unit sold to an eligible family must be used as the principal residence of the family. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1$-1 • Financial capacity requirement. Eligibility must be limited to families who are capable of assuming the financial obligations of homeownership, under minimum income standards for affordability, taking into account the unavailability of public housing operating subsidies and modernization funds after conveyance of the property by the HACCC. The homeownership program may take account any available subsidy from other sources. Under this affordability standard, an applicant must also meet the following requirements: 1. Cost/income ratio - on an average monthly estimate, the amount of the applicant's payments for mortgage principal and interest, plus insurance, real estate taxes, utilities, maintenance and other regularly recurring homeownership costs (such as condominium, cooperative, or other homeownership association fees) will not exceed the sum of: * 35 percent of the applicant's adjusted income as defined in 24 CFR part 913; and * Any subsidy that will be available for such payments: 2. Down payment requirement - Each family purchasing housing under this program must provide a down payment in connection with any loan for acquisition of the housing, in an amount determined by the PHA or PRE. The family may be able to use grant amounts, gifts from relatives, contributions from private sources, and ether similar amounts in making the down payment. 3. The family must use its own resources other than grants, gifts, contributions, or similar amounts, to contribute an amount of the down payment that is not less than one percent (I%) of the purchase price of the housing. • Other requirements. ■ Employment or participation in employment counseling or training activities • Criminal activity check • participation in homeownership counseling programs ■ Evidence of regular income FIRST TIME HOME OWNER REQUIREMENT Each public housing family, except families with a disabled member, must be a first-time homeowner as defined by HUD. A "first-time homeowner" means that no member of the household has had an ownership interest in any residence during the three years preceding commencement of home ownership assistance. However, a single parent or displaced homemaker who, while married, owned a home with a spouse (or resided in a home owned by a spouse) is considered a "first-time homeowner" for purposes of the Admissions &Continued Occupancy Policy Presented to the board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 18-2 public housing homeownership option; and the right to purchase title to a residence under a lease-purchase agreement is not considered an ",ownership interest." A member of a cooperative (as defined in § 982.4) also qualifies as a "first time homeowner". Minimum Income Requirement Amount of Income (42 U.S.C. 1437x) Applicant must be a low-income family as defined in 42 U.S.C. 1437a. The families' incomes do not exceed 80 percent of the average median income for the County of Contra Costa (subject to change in accordance with HUD income limits) Exclusion of Welfare Assistance Income With the exception of elderly and disabled families, the HACCC will disregard any "welfare assistance" income in determining whether the family meets the minimum income requirement. Welfare assistance includes assistance from Temporary Assistance for Needy Families ("TANF"); Supplemental Security Income ("SSI") that is subject to an income eligibility test; food stamps; general assistance; or other welfare assistance specified by HUD. The disregard of welfare assistance income under this section affects the determination of minimum monthly income in determining initial qualification for the home ownership program Employment History With the exception of disabled and elderly households, each family must demonstrate that one or more adult members of the family who will own the home at commencement of home ownership assistance is employed full-time (an average of 30 hours per week) and has been so continuously employed for one year prior to execution of the sales agreement. In order to reasonably accommodate a family's participation in the program, HACCC will exempt families that include a person with disabilities from this requirement. HUD regulations define "full time" employment as not less 30 hours per week. A family will be considered to have been continuously employed even if that family member has experienced a break in employment, provided that the break in employment; • Did not exceed 30 calendar days • Did not occur within the 6-month period immediately prior to the family's request to utilize the homeownership option; and • Has been the only break in employment within the past calendar months. Repayment of Any Housing Authority debts Participants in the public housing program shall be ineligible for participation in the public housing home ownership program in the event any debt or portion of a debt remains owed to the HACCC or any other Housing Authority. Nothing in this provision will preclude public housing participants that have fully repaid such debt(s) from participating in the public housing home ownership program. Admissions &Continued Occupancy Policy Presented to the Board or Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 18-3 Additional Eligibility Factors • Elderly and disabled Households Elderly and disabled families are exempt from the employment requirements. In the case of an elderly or disabled family, the HACCC will consider income from all sources, including welfare assistance in evaluating whether the household meets the minimum income required to purchase a home through the public housing home ownership program. • Participation in FSS Program Applicants for the public housing home ownership program who participate in the HACCC's Family Self Sufficiency ("FSS") program will be given priority. • Prior Mortgage Defaults. If a head of household, spouse, or other adult household member who will execute the contract of sale, mortgage and loan documents has previously defaulted on a mortgage obtained through the public housing home ownership program or any public home ownership programs, the family will be ineligible to participate in the public housing home ownership program. FAMILY PARTICIPATION REQUIREMENTS Once a family is determined to be eligible to participate in the program, it must comply with the following additional requirements: • complete a home ownership counseling program approved by the HACCC prior to commencement of homeownership assistance; • within a specified time, locate the home it proposes to purchase; • submit a sales agreement containing specific components to the HACCC for approval; • allow the HACCC to inspect the proposed home ownership dwelling to assure that the dwelling meets appropriate housing quality standards; • obtain HACCC approval of the proposed mortgage (which must comply with generally accepted mortgage underwriting requirements), and • enter into a written agreement with the HACCC to comply with all of its obligations under the public housing program. Homeownership Counseling [24 CFR 982.630] A family's participation in the home ownership program is conditioned on the family attending and successfully completing a home ownership and housing counseling program provided or approved by the HACCC prior to submission of application for purchase of a public housing unit. The homeownership and counseling program will cover home maintenance (including care of the grounds); budgeting and money Admissions &Continued Occupancy Poticy Presented to the Board o4Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 18-4 management; credit counseling; negotiating purchase price; securing mortgage financing; finding a home; and the advantages of purchasing and locating homes in areas that do not have a high concentration of low-income families; information about state and f=ederal truth-in-lending laws, and how to avoid loans with oppressive terms and conditions Note: § g82.620(b) provides "suggested topics"for the PHA required pre-assistance counseling program --- which are, for the most part, included here. HACCC omitted suggested topics regarding fair housing, RESPA obligations and predatory lending issues. These topics should also be included in the homeownership counseling program. The counseling agency providing the counseling program shall either be approved by HUD or the program shall be consistent with the home ownership counseling provided under HUD's Housing Counseling program. The HACCC may require families to participate in a HACCC-approved homeownership counseling program on a continuing basis. A family approved for Public Housing home ownership assistance may only purchase a public housing development the HACCC offers for sale for purchase for use as their principal residence. The family may not purchase a home in a jurisdiction other than the County of Contra Costa. • Purchasing a Home Once a home is offered for sale by the HACCC and a sales agreement approved by the HACCC is signed by the family, the family shall have up to 45 calender days to obtain financing. The HACCC's Executive Director or his/her designees may extend this period up to 90 days from the date of sales purchase agreement. HACCC will require periodic reports on the family's progress in finding and purchasing a home. Such reports will be provided by the family at interval to be determined by the Housing Services Counselor. • Failure to Complete Purchase If a public housing participant is unable to purchase the home within the maximum time permitted by HACCC, HACCC shall continue the family's participation in the public housing program. The family may not re-apply for the public housing home ownership program until they have completed an additional year of participation in the public housing program following the initial determination of their eligibility for the home ownership option. Sales Agreement Prior to execution of the offer to purchase or sales agreement, the financing terms must be provided by the family to the HACCC for approval. The sales agreement must provide for inspection by the HACCC. The sales agreement must provide that the purchaser is not obligated to purchase if the mortgage financing terms are not approved by the HACCC. Admissions &Continued Occupancy Poky Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 18-5 ............... ........... ............... ............. Financing Requirements 24 CFR 982. 632] The proposed financing terms must be submitted to and approved by the HACCC prior to close of escrow. HACCC shall determine the affordability of the family's proposed financing. In making such determination, HACCC may take into account other family expenses, including but not limited to child care, unreimbursed medical expenses, education and training expenses and the like. Certain types of financing, including but not limited to, balloon payment mortgages, unless convertible to a variable rate mortgage, are prohibited and will not be approved by the HACCC. In house HACCC-financing mortgages may be considered by the HACCC on a case by case basis. If a mortgage is not FHA-insured, HACCC will require the lender to comply with generally accepted mortgage underwriting standards consistent with those of HUD/ FHA, Ginnie Mae, Fannie Mae, Freddie Mac, California Housing Finance Agency (CHFA), USDA Rural Housing Services, the Federal Home Loan Bank, or other private lending institution. Compliance With Family Obligations. A family must agree, in writing, to comply with all family obligations under the public housing program and HACCC's home ownership policies. These obligations include: • attending ongoing homeownership counseling, if required by the HACCC; • complying with the mortgage terms; • cannot sell or transfer the home to anyone other than to an eligible family who qualifies under the public housing homeownership program and approved by HACCC; • cannot refinance or add debt secured by the home; • cannot obtain a present ownership interest in another residence and also participating in a public home ownership assistance; and • must supply all required information to the HACCC, including but not limited to annual verification of household income, notice of change<in home ownership expenses, notice of move-out, and notice of mortgage default. HACCC's Homeownership Family Obligation policies and other certifications as requested by the HACCC. RESTRICTION ON SALE OF A PUBLIC HOUSING UNIT Purchaser may not sell a public housing unit unless it is only sold to a buyer who meets all the eligibility requirements established by HACCC and have resided on the property for at least five (5) years. Admissions &Continued Occupancy Policy Presented to the Board oi7Commissioners on Sept.21,2044 HOUSING AUTHORITY OP THE COUNTY OP CONTRA COSTA 18-6 RECAPTURE OF NET PROCEEDS ON THE SALE OF PROPERTY [24 CFR 906.271 The following rules apply to recapture of net proceeds on the sale of property. • Net proceeds means the financial gain on resale received by the seller after satisfying all amounts owing under mortgages, paying closing costs, and receiving an amount equal to the down payment (made from the seller's own funds) and principal payments on the mortgage. • Gain from appreciation means the financial gain on resale attributable solely to the home's appreciation in value over time and not attributable to government provided assistance or any below m market financing provided under 24 CFR 906.29. • The gain from appreciation and assistance to recapture are not limited to the following: ■ The aggregate amount of assistance provided under the homeownership program. ■ The contribution of equity by the purchasing family. ■ The period of time elapsed between purchase by the homebuyer under the homeownership program and resale by the homebuyer. ■ The reason for resale. • Any improvements made by the purchasing family under the homeownership program. • Any appreciation in the value of the property. ■ Any other factors that the HACCC considers appropriate in making the recapture determination. • HACCC will enforce its recapture policy through an appropriate form of title restriction. BELOW MARKET SALES AND FINANCING [24 CFR 906.29] Below market purchase prices or below market financing to enable below market purchases or a combination of the two methods may be made available to eligible buyers. Discounted purchase prices may be determined on a unit by unit basis, based on the particular purchaser's ability to pay, or may be determined by any other fair and reasonable method (e.g. uniform prices for a group of comparable dwellings, within a range of affordability by potential purchases). Below market financing may include any lawful type of public or private financing, including but not limited to purchase money mortgages, non cash second mortgages, promissory notes, guarantees of mortgage Admissions &.Continued Occupancy Poticy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA Z8-7 .......... ......... ............. loans from other lenders, shared equity, or lease-purchase arrangements. HACCC depending on market conditions may elect to offer below market sales and financing or market sales and financing to eligible purchasers only. TITLE RESTRICTION & ENCUMBRANCES (24 CFR 906.9) If property is subject to indebtedness under the Annual Contribution Contract (ACC), title to property is subject to the encumbrance based on the amount of the indebtedness. Upon sale of a public housing unit to a public housing tenant or eligible family, or to a PRE operating the units as non-public housing, in accordance with the HUD approved homeownership program, HUD will execute a release of the title restrictions prescribed by the ACC. PROTECTIONS AVAILABLE TO NON-PURCHASING PUBLIC HOUSING RESIDENTS If a public housing resident does not exercise the right of first refusal under 24 CFR 906.13 and the HACCC determines to move the tenant for the purpose of transferring possession of the unit, the HACCC will provide notice 90 days before the date the resident is displaced, and may not displace the resident, except in cases of imminent threat to health or safety, for the full 90 day period, the HACCC: • Will notify the resident residing in the unit 90 days prior to the displacement data, except in cases of imminent threat to health or safety that: ■ The public housing unit will be sold. • The transfer of possession of the unit will not occur until the resident is relocated. ■ Each resident displaced by such action will be offered comparable housing • Provide for the payment of the actual costs and reasonable relocation expenses of the resident to be displaced, • Ensure that the resident is offered comparable housing. • Provide counseling for displaced residents regarding their rights to comparable housing, including their rights under the Fair Housing Act to choice of a unit on a nondiscriminatory basis, without regard to race, color, religion, national origin, disability, age, sex, or familial status. • HACCC will not transfer possession of the unit until the resident is relocated, Admissions &Continued Occupancy Policy Presented to the Boa-rd o1r'Commissioners on Sept.21,2004- HOUSING 004HOUSING AUTHORITY OF THE COUNTY OF CONTRA COST A 18-8 _ _ • For purposes of this section; the term "comparable housing" means housing: • That meets housing quality standards. • That is located in an area that is generally not less desirable than the displaced resident's original development • Which may include: c Tenant based assistance (tenant based assistance will only be provided upon the relocation of the resident to the comparable housing) o Project based assistance c Occupancy in a unit owned, operated, or assisted by the HACCC at a rental rate, paid by the resident that is comparable to the rental rate applicable to the unit from which the resident is vacating. OWNERSHIP INTERESTS THAT MAY BE CONVEYED TO A PURCHASER The homeownership program may provide for sale to the purchasing family of any ownership interest that the HACCC considers appropriate under the homeownership program, including but not limited to: • Ownership in fee simple • A condominium interest • A shared appreciation interest with a HACCC provided financing • A leasehold under a bona fide lease purchase agreement. WAIVER OR MODIFICATION OF HOME OWNERSHIP POLICIES The Executive Director or his/her designee of the HACCC shall have the discretion to waive or modify any provision of the Public Housing Homeownership Program or policies not governed by statute or regulation for good cause or to comply with changes in HUD regulations, directives, and the Housing Authority goals. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1.8-9 GLOSSARY TERMS USED IN DETERMINING RENT ANNUAL INCOME (24 CFR 5.609) Annual income is the anticipated total income from all sources. This includes net income derived from assets, received by the family head and spouse (even if temporarily absent) and by each additional family member for the 12 month period following the effective date of initial determination or reexamination of income. It does not include income that is temporary, non-recurring, or sporadic as defined in this section, or income that is specifically excluded by other federal statute. Annual income includes: 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. 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. When 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. 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. NOTE: Treatment of lump sum payments for delayed or deferred periodic payment of social security or SSI benefits is dealt with later in this section. Payments in lieu of earnings, such as unemployment and disability compensation, workers' compensation, and severance pay. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA GL-1 ............... .............. All welfare assistance payments received by or on behalf of any family member. (24 CFR 913,106(b)(6) contains rules applicable to "as-paid" States). Periodic and determinable allowances, such as alimony and child care support payments, and regular cash contributions or gifts received from persons not residing in the dwelling. All regular pay, special pay and allowances of a member of the Armed Forces (except special pay to a family member serving the Armed Forces who is exposed to hostile fire). EXCLUSIONS FROM ANNUAL INCOME (24 CFR 5.609) Annual income does not include the following: Income from the employment of children (including foster children) under the age of 18 years; 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); Lump sum additions to family assets, such as inheritances, insurance payments (including payments under health, and accident insurance and workers' compensation) capital gains, and settlement for personal property losses; Amounts received by the family that are specifically for, or in reimbursement of the cost of medical expenses for any family member. Income of a live-in aide, provided the person meets the definition of a live-in aide. The full amount of student financial assistance paid directly to the student or the educational institution. The special pay to a family member serving in the Armed Forces who is exposed to hostile fire. Amounts received under HUD funded training programs (e.g. Step-up program); excludes stipends, wages, transportation payments and child care vouchers for the duration of the training. 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). Amounts received by a participant in other publicly assisted programs that are specifically for, or in reimbursement of, out of pocket expenses incurred for items such as special equipment, clothing, transportation and childcare, to allow participation in a specific program. Amount received as a Resident services stipend. A modest amount (not to exceed $200 per month) received by a public housing resident for performing a Admissions &Continued occupancy Policy Presented to the Board of Commissioners or,Sept.22,2004 HOUSING' AUTHORITY OF THE COUNTY OF CONTRA COSTA GL-2 ........... service for the PHA, on a part-time basis, that enhances the quality of rife in public housing. Such services may include but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as the resident member of the PHA governing Board. No resident may receive more than one such stipend during the same period of time. Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a 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 the period during which the family member participates in the employment training program. Temporary, non-recurring, or sporadic income (including gifts). 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. (For all initial determinations and reexaminations of income on or after April 23, 1993.) Earnings in excess of$480 for each full-time student 18 years old or older, (excluding the head of household and spouse). Adoption assistance payments in excess of$480 per adopted child. The earnings and benefits to any resident resulting from the participation in a program providing employment training and supportive services in accordance with the Family Support Act of 1988 (42 U.S.C. 1437 et seq.), or any comparable Federal, State or local law during the exclusion period. For purposes of this paragraph the following definitions apply: Comparable Federal, State or local law means a program providing employment training and supportive services that: (1) is authorized by a Federal, State or local law; (2) is funded by the Federal, State or local government; (3) is operated or administered by a public agency; and (4) has as its objective to assist participants in acquiring job skills. Exclusion period means the period during which the resident participates in a program as described in this section plus 18 months from the date the resident begins the first job acquired by the resident after completion of such program that is not funded by public housing assistance under the U.S. Housing Act of 1937. If the resident is terminated from employment without good cause, the exclusion period shall end. Earnings and benefits means the incremental earnings and benefits resulting from a qualifying employment training program or subsequent job. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA GL-3 Deferred periodic payments from supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts. 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. 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. Amounts specifically excluded by any ether 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 qualify for this exclusion. The following benefits are excluded by other Federal Statute as of August 3, 1933: The value of the allotment provided to an eligible household for coupons under the Food Stamp Act of 1977; Payments to volunteers under the Domestic Volunteer Service Act of 1973; examples of programs under this Act include but are not limited to: The Retired Senior Volunteer Program (RSVP) Foster Grandparent Program (FGP) Senior Companion Program (SCP) Older American Committee Service Program National Volunteer Antipoverty Programs such as: VISTA Peace Corps Service Learning Program Special Volunteer Programs Small Business Administration Programs such as: National Volunteer Program to Assist Small Businesses Service Corps of Retired Executives Payments received under the Alaska Native Claims Settlement Act. [43 USC 1626 (a)] Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes. [25 USC 459e] Admissions &Continued Occupancy Poticy Presented to the Board or Commissioners on Sept.Z1,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA GL-4 Payments or allowances made under the Department of HHS' Low Income Home Energy Assistance Program. [42 USC 8624 (f)] Payments received under programs funded in whole or in part under the Job Training Partnership Act (29 USC 1552 (b) Income derived from the disposition of funds of the Grand River Band of Ottawa Indians (Pub. L. 94-540). The first $2,000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the Court of Claims (25 USC. 1407-08), or from funds held in trust for an Indian Tribe by the Secretary of Interior. Amounts of scholarships funded under Title IV of the Higher Education Act of 1965 including awards under the Federal work-study program or under the Bureau of Indian Affairs student assistance programs. [20 USC 1087 uu] Examples: Basic Educational Opportunity Grants (Pell Grants), Supplemental Opportunity Grants, State Student Incentive Grants, College-Work Study, and Byrd Scholarships. Payments received under programs funded under Title V of the Older Americans Act of 1965 [42 USC 3056 (f)] Examples include Senior Community Services Employment Program, National Caucus Center on the Black Aged, National Urban League; Association National Pro Personas Mayores, National Council on Aging, American Association of Retired Persons, National Council on Senior Citizens, and Green Thumb. Payments received after January 1, 1989 from the Agent Orange Settlement Fund or any other fund established in the In-Re Orange Product Liability litigation. The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs of incurred in such care) under the Child Care and Development Block Grant Act of 1990. (42 USC 9858q) Earned income tax credit refund payments received on or after January 1, 1991. (26 USC 32 )(j). Living allowances under Americorps Program (Nelson Diaz Memo to George Latimer 11/15/94) ADJUSTED INCOME Annual income, less allowable HUD deductions. /Vote: Under the Continuing Resolution, PHAs are permitted to adapt other adjustments to earned income for residents of Public Housing, but must absorb any resulting loss in rental income. All Families are eligible for the following: Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA GL-5 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 the Annual Income is computed. Child care expenses are only allowable when such care is necessary to enable a family member to be gainfully employed or to further his/her education. Amounts deducted must be unreimbursed expenses and shall not exceed: (1) The amount of income earned by the family member released to work, or (2) an amount determined to be reasonable by the PHA when the expense is incurred to permit education. Dependent Deduction-An exemption of $480 for each member of the family residing in the household (other than the head or spouse, live-in aide, foster child) who is under eighteen years of age or who is eighteen years of age or older and disabled, handicapped, or a full-time student. Handicapped Expenses- A deduction of unreimbursed amounts paid for attendant care or auxiliary apparatus expenses for handicapped family members where such expenses are necessary to permit a family member(s), including the hand icappedldisabled 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 visually handicapped, and equipment added to cars and vans to permit use by the handicapped or disabled family member. For non-elderly families and elderly families without medical expense: The amount of the deduction equals the cost of all unreimbursed expenses for handicapped care and equipment less three percent of Annual Income, provided the amount so calculated does not exceed the employment income earned. For elderly families with medical expenses: The amount of the deduction equals the cost of all unreimbursed expenses for handicapped care and equipment less three percent of Annual Income, (provided the amount does not exceed earnings) plus medical expenses as defined below. For Elderly and Disabled Families Only: Medical Expenses: A deduction of unreimbursed 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; insurance premiums, including the cost of Medicare), prescription and non-prescription medicines, transportation to and from treatment, dental expenses, eyeglasses, hearing aids and batteries, Admissions &Cortinued Occupancy policy presented to the Board o� Cornmiss.orers on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA GL-6 _................................................................................................. .. .._..................................................................................................................................................................................................... attendant care (unrelated to employment of family members), and payments on accumulated medical bills. To be considered by the PHA for the purpose of determining a deduction from the income, the expenses claimed must be verifiable. For elderly families without handicapped expenses: The amount of the deduction shall equal total medical expenses less 3% of annual income. For elderly families with both handicapped and medical_expenses: The amount of handicapped assistance is calculated first, then medical expenses are added. EiderlyfDisabled Household Exemption: An exemption of $400 per household. GLOSSARY OF HOUSING TERMS ACCESSIBLE DWELLING UNITS - When used with respect to the design, construction or alteration of an individual dwelling unit, means that the unit is located on an accessible route, and when designed, constructed, or altered, can be approached, entered, and used by individuals with physical handicaps. A unit that is on an accessible route and is adaptable and otherwise in compliance with the standards set forth in 24 CFR 8.32 & 40, (the Uniform Federal Accessibility Standards) is "accessible" within the meaning of this paragraph. ACCESSIBLE FACILITY - All or any portion of a facility other than an individual dwelling unit used by individuals with physical handicaps. ACCESSIBLE ROUTE - For persons with a mobility impairment, a continuous, unobstructed path that complies with space and reach requirements of the Uniform Federal Accessibility Standards (UFAC). For persons with hearing or vision impairments, the route need not comply with requirements specific to mobility. ADAPTABILITY -Ability to change certain elements 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. ADMISSION -Admission to the program is the effective date of the lease. The point at which a family becomes a resident. ALLOCATION PLAN - The plan submitted by the PHA and approved by HUD under which the PHA is permitted to designate a building, or portion of a building, for occupancy by Elderly Families or Disabled Families. ANNUAL INCOME AFTER ALLOWANCES - The Annual Income (described above) less the HUD-approved allowances. APPLICANT (or applicant family) - A family that has applied for admission to a program, but is not yet a participant in the program. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA GL-7 "AS-PAID" STATES - States where the welfare agency adjusts the shelter and utility component of the welfare grant in accordance with actual housing costs. ASSETS - (See Net Family Assets.) AUXILIARY AIDS - Services or devices that enable persons with impaired sensory, manual, or speaking shills to have an equal opportunity to participate in and enjoy the benefits of programs and activities. CEILING RENT -An amount that reflects the reasonable market value of the housing unit, but not less than the sum of the monthly per-unit operating costs and a deposit to a replacement reserve. The family pays the lower of the ceiling rent or the formula tenant rent. CO-HEAD - An individual in the household who is equally responsible for the lease with the Head of Household. A family may have a Co-head or Spouse, but not both. A co- head never qualifies as a dependent. COVERED FAMILIES -The statutory term "covered families" designates the universe of families who are required to participate in a welfare agency economic self-sufficiency program and may, therefore, be the subject of a welfare benefit sanction for noncompliance with this obligation. "Covered families" means families who receive welfare assistance or other public assistance benefits from a State or other public agency under a program for which Federal, State, or local law requires that a member of the family must participate in an economic self-sufficiency program as a condition for the assistance. DEPENDENT -A member of the family household (excluding foster children) other than the family head or spouse, who is under 18 years of age or is a Disabled Person or Handicapped Person, or is a full-time student 18 years of age or older. DESIGNATED FAMILY The category of family for whom the PHA elects to designate a project (e.g. elderly family in a_project designated for elderly families) in accordance with the 1992 housing Act. (24 CFR 945.105) DISABILITY ASSISTANCE EXPENSE - Reasonable expenses that are anticipated, during the period for which annual income is computed, for attendant care and or auxiliary apparatus for a disabled family member and that are necessary to enable a family member (including the disabled member) to be employed, provided that the expenses are neither paid to a member of the family nor reimbursed by an outside source. DISABLED FAMILY - A family whose head, spouse, or sole member is a person with disabilities. A disabled family may include two or more persons with disabilities living together, or one or more persons with disabilities living with one or more live-in aides DISABLED PERSON - See Person with Disabilities. DISABLED FAMILY - A family whose head, spouse, or sole member is a person with disabilities; or two or more persons with disabilities living together or one or more persons with disabilities living with one or more live-in aides. Admissions 9,Continued Occupancy Po#icy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA GL-8 DISALLOWANCE - Exclusion from annual income. DISPLACED FAMILY - A family in which each member, or whose sole member, is a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal Disaster relief laws. DOMICILE. The legal residence of the household head or spouse as determined in accordance with State and local law. DRUG-RELATED CRIMINAL ACTIVITY - Drug-trafficking; or Illegal use, or possession for personal use of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). DRUG TRAFFICKING - The illegal manufacture, sale, distribution or the possession with intent to manufacture, sell, or distribute a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). ECONOMIC SELF-SUFFICIENCY PROGRAM - Any program designed to encourage, assist, train, or facilitate the economic independence of assisted families or to provide work for such families. Economic self-sufficiency programs can include job training, employment counseling, work placement, basic skills training, education, English proficiency, Workfare, financial or household management, apprenticeship, any other program necessary to ready a participant to work (such as: substance abuse or mental health treatment. Economic self-sufficiency program includes any work activities as defined in the Social Security Act (42 U.S.C. 607(d)). See the definition of work activities at Sec. 5.603(c). The new definition of the term "economic self-sufficiency program" is used in the following regulatory provisions, pursuant to the Public Housing Reform Act: family income includes welfare benefits reduced because of family failure to comply with welfare agency requirements to participate in an economic self-sufficiency program; and the requirement for public housing residents to participate in an economic self- sufficiency program or other eligible activities. ELDERLY FAMILY - A family whose head or spouse or whose sole member is at least 62 years, or two or more persons who are at least 62 years of age or a disabled person. It may include two or more elderly, disabled persons living together or one or more such persons living with one or more live-in aides. ELDERLY PERSON -A person who is at least 62 years old. ELIGIBLE FAMILY (Family) - A family is defined by the PHA in the Admission and Continued Occupancy Plan, EXCEPTIONAL MEDICAL OR OTHER EXPENSES - Prior to the regulation change in 1982, this meant medical and/or unusual expenses as defined in Part 880 which exceeded 25% of the Annual Income. It is no longer used. Admissions &Continued Occupancy Poticv Presented to the Board of Commissioners on Sept.2*1,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA GL-9 EXCESS MEDICAL EXPENSES - Any medical expenses incurred by elderly families only in excess of 3% of Annual Income which are not reimbursable from any other source. EXTREMELY LOW-INCOME FAMILY -A family whose annual income does not exceed 30 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 30 percent of the median income for the area if HUD finds that such variations are necessary because of unusually high or low family incomes. FAMILY. The applicant must qualify as a family as defined by the PHA. FAMILY OF VETERAN OR SERVICEPERSON -A family is a "family of veteran or serviceperson" when: The veteran or serviceperson (a) is either the head of household or is related to the head of the household; or (b) is deceased and was related to the head of the household, and was a family member at the time of death. The veteran or serviceperson, unless deceased, is living with the family or is only temporarily absent unless s/he was (a) formerly the head of the household and is permanently absent because of hospitalization, separation, or desertion, or is divorced; provided, the family contains one or more persons for whose support s/he is legally responsible and the spouse has not remarried; or (b) not the head of the household but is permanently hospitalized; provided, that s/he was a family member at the time of hospitalization and there remain in the family at least two related persons. FAMILY SELF-SUFFICIENCY PROGRAM (FSS PROGRAM) -The program established by a PHA to promote self-sufficiency of assisted families, including the provision of supportive services. FLAT RENT- Rent for a public housing dwelling unit that is based on the market rent. The market rent is the rent charged for comparable units in the private, unassisted rental market at which the PHA could lease the public housing unit after preparation for occupancy. FOSTER CHILD CARE PAYMENT - Payment to eligible households by state, local, or private agencies appointed by the State,to administer payments for the care of foster children. FULL-TIME STUDENT - A person who is attending school or vocational training on a full-time basis. HANDICAPPED ASSISTANCE EXPENSES - Anticipated casts for care attendants and auxiliary apparatus for handicapped or disabled family members which enable a family member (including the handicapped family member) to work. HANDICAPPED PERSON - [Referred to as a Person with a Disability]. A person having a physical or mental impairment which is expected to be of long-continued and indefinite Admissions & Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THEE COUNTY OF CONTRA COSTA GL-10 ..................................................... .............. ................................................................................................................................................................................................................................................... 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. HEAD OF HOUSEHOLD - The person who assumes legal and financial responsibility for the household and is listed on the application as head. HOUSING AGENCY - A state, country, municipality or other governmental entity or public body authorized to administer the program. The term "PHA" includes an Indian housing authority (IHA). ("PHA" and "PHA" mean the same thing.) HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 - The Act in which the U.S. Housing Act of 1937 was recodified, and which added the Section 8 Programs. HOUSING ASSISTANCE PLAN - A Housing Assistance Plan submitted by a local government participating in the Community Development Block Program as part of the block grant application, in accordance with the requirements of 570.303(c) submitted by a local government not participating in the Community Development Block Grant Program and approved by HUD. A Housing Assistance Plan meeting the requirements of 570.303(c) submitted by a local government not participating in the Community Development Block Grant Program and approved by HUD. HOUSING QUALITY STANDARDS (HQS) -The HUD minimum quality standards for housing assisted under the Public Housing and Section 8 programs. HUD - The Department of Housing and Urban Development or its designee. HUD REQUIREMENTS - HUD requirements for the Section 8 programs. HUD requirements are issued by HUD headquarters as regulations, Federal Register notices or other binding program directives. HURRA - The Housing and Urban/Rural Recovery Act of 1983 legislation that resulted in most of the 1984 HUD Regulation changes to the definition of income, allowances, and rent calculations. IMPUTED ASSET-Asset disposed of for less than Fair Market Value during two years preceding examination or reexamination. IMPUTED INCOME - HUD passbook rate times the total cash value of assets, when assets exceed $5,000. IMPUTED WELFARE INCOME - The amount of annual income not actually received by a family, as a result of a specified welfare benefit reduction, that is nonetheless included in the family's annual income. This amount is included in family annual income and, therefore, reflected in the family rental contribution based on this income. INCOME - Income from all sources of each member of the household as determined in accordance with criteria established by HUD. INCOME-BASED RENT - The tenant rent paid to the PHA that is based on family income and the PHA rental policies. The PHA uses a percentage of family income or some other reasonable system to set income-based rents, The PHA has broad flexibility in deciding how to set income-based rent for its tenants. However, the income-based Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21;2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA GL-11 ...................... . tenant rent plus the PHA's allowance for tenant paid utilities may not exceed the "total tenant payment" as determined by a statutory formula. INCOME FOR ELIGIBILITY-Annual Income. INCOME TARGETING -The HUD admissions requirement that PHAs not admit less than the number required by law of families whose income does not exceed 30% of the area median income in a fiscal year. INDIAN. Any person recognized as an Indian or Alaska Native by an Indian Tribe, the federal government, or any State. INDIAN HOUSING AUTHORITY (lHA) - A housing agency established either by exercise of the power of self-government of an Indian Tribe, independent of State law, or by operation of State law providing specifically for housing authorities for Indians. INTEREST REDUCTION SUBSIDIES - The monthly payments or discounts made by HUD to reduce the debt service payments and, hence, rents required on Section 236 and 221 (d)(3) BMIR projects. Includes monthly interest reduction payments made to mortgagees of Section 236 projects and front-end loan discounts paid on BMIR projects. INVOLUNTARILY DISPLACED PERSON - Involuntarily Displaced Applicants are applicants who meet the HUD definition for the local preference, formerly known as a federal preference. LANDLORD - Either the legal owner of the property, or the owner's representative or managing agent as designated by the owner. LIVE-IN AIDE -A person who resides with an elderly person or disabled person and who: Is determined to be essential to the care and well being of the person. Is not obligated for the support of the person. Would not be living in the unit except to provide necessary supportive services. LOCAL PREFERENCE -A preference used by the PHA to select among applicant families without regard to their date and time of application. LOW-INCOME FAMILY - This definition replaces a previous statutory reference. Generally, "low-income" designates a family whose income does not exceed 80 percent of area median income, with certain adjustments. MARKET RENT - The rent HUD authorizes the owner of FHA insured/subsidized multi- family housing to collect from families ineligible for assistance. For unsubsidized units in an FHA-insured multi-family project in which a portion of the total units receive project- based rental assistance, under the Rental Supplement or Section 202/Section 8 Programs, the Market Rate Rent is that rent approved by HUD and is the Contract Rent for a Section 8 Certificate holder. For BMIR units, Market Rent varies by whether the project is a rental or cooperative. Admissions &Continued Occupancy Policy Presented to the Board o�Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA GL-12 .............................................._ .................................................................................................................................................... - __ _ _. MEDICAL EXPENSES - Those total medical expenses anticipated during the period for which Annual Income is computed, and which are not covered by insurance. (Only Elderly Families qualify) The allowances are applied when medical expenses exceed 3% of Annual Income. MINIMUM RENT - An amount established by the PHA between zero and $50.00. MINOR - A member of the family household (excluding foster children) other than the family head or spouse who is under 18 years of age. MONTHLY ADJUSTED INCOME - 1/12 of the Annual Income after Allowances, MONTHLY INCOME - 1/12 of the Annual Income before allowances. NET FAMILY ASSETS - The net cash value of equity in savings, checking, IRA and Keogh accounts, real property, stocks, bonds, and other forms of capital investment. The value of necessary items of personal property such as furniture and automobiles is excluded from the definition. OCCUPANCY STANDARDS - Now referred to as Subsidy Standards established by a PHA to determine the appropriate number of bedrooms for families of different sizes and compositions. PARTICIPANT -A family that has been admitted to the PHA program, and is currently assisted in the program. PERSON WITH DISABILITIES 1. A person who has a disability, as defined in 42 U. S. C. 423, and is determined, under HUD regulations, to have a physical, mental, or emotional impairment that is expected to be of long-continued and indefinite duration, substantially impedes the ability to live independently, and is of such a nature that the ability to live independently could be improved by more suitable housing conditions. 2. A person who has a developmental disability as defined in 42 U.S.C. 6001, 3. An "individual with handicaps", as defined in 24 CFR 8.3, for purposes of reasonable accommodation and program accessibility for persons with disabilities 4. Does not exclude persons who have AIDS or conditions arising from AIDS 5, Does not include a person whose disability is based solely on any drug or alcohol dependence (for low income housing eligibility purposes) PREMISES - The building or complex in which the dwelling unit is located including common areas and grounds. PREVIOUSLY UNEMPLOYED - Includes a person who has earned, in the twelve months previous to employment, no more than would be received for 10 hours of work per week for 50 weeks at the established minimum wage. PUBLIC ASSISTANCE - Welfare or other payments to families or individuals, based on need, which are made under programs funded, separately or jointly, by Federal, state, or local governments. Admissions 9-Continued Occupancy Policy Presented to the Board. of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA G L-13 PUBLIC HOUSING AGENCY (PHA) -A state, county, municipality, or other governmental entity or public body authorized to administer the programs. The term "PHA" includes an Indian housing authority (IHA). ("PHA" and "PHA' mean the same thing.) QUALIFIED FAMILY - A family residing in public housing whose annual income increases as a result of employment of a family member who was unemployed for one or more years previous to employment; or increased earnings by a family member during participation in any economic self-sufficiency or on the job training program; or new employment or increased earnings of a family member, during or within £ months after receiving assistance, benefits or services under 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 PHA in consultation with the local TANF agency and Welfare to Work programs. TANF includes income and benefits & services such as one time payments, wage subsidies & transportation assistance, as long as the total amount over a 6-month period is at least $500. QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 -The Act which amended the U.S. Housing Act of 1937 and is known as the Public Housing Reform Bill. The Act is directed at revitalizing and improving HUD's Public Housing and Section 8 assistance programs. RECERTIFICATION - Sometimes called reexamination. The process of securing documentation of total family income used to determine the rent the tenant will pay for the next 12 months if no interim changes are reported by the family. REMAINING MEMBER OF TENANT FAMILY - Person left in assisted housing after other family members have left and become unassisted. RESIDENCY PREFERENCE - A local preference for admission of persons who reside in a specified geographic area. RESPONSIBLE ENTITY - For the public housing, Section 8 tenant-based assistance; project-based certificate assistance and moderate rehabilitation program, the responsible entity means the PHA administering the program under an ACC with HUD. For all other Section 8 programs, the responsible entity means the Section 8 owner. SECRETARY - The Secretary of Housing and Urban Development. SECURITY DEPOSIT - A dollar amount which can be collected from the family by the owner upon termination of the lease and applied to unpaid rent, damages or other amounts owed to the owner under the lease according to State or local law. SERVICE PERSON - A person in the active military or naval service (including the active reserve) of the United States. SINGLE PERSON -A person living alone or intending to live alone who is not disabled, elderly, or displaced, or the remaining member of a tenant family. SPECIFIED WELFARE BENEFIT REDUCTION - Those reductions of welfare agency benefits (for a covered family) that may not result in a reduction of the family rental Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA GL-14 ......................................................................................................................................._... contribution. "Specified welfare benefit reduction" means a reduction of welfare benefits by the welfare agency, in whole or in part, for a family member, as determined by the welfare agency, because of fraud by a family member in connection with the welfare program; or because of welfare agency sanction against a family member for noncompliance with a welfare agency requirement to participate in an economic self- sufficiency program. SPOUSE - The marriage partner of the bead of the household. SUBSIDIZED PROJECT-A multi-family housing project (with the exception of a project owned by a cooperative housing mortgage corporation or association) which receives the benefit of subsidy in the form of: Below-market interest rates pursuant to Section 221(d)(3) and (5) or interest reduction payments pursuant to Section 235 of the National Housing Act; or Rent supplement payments under Section 101 of the Housing and Urban Development Act of 1965; or Direct loans pursuant to Section 202 of the Housing Act of 1959; or Payments under the Section 23 Housing Assistance Payments Program pursuant to Section 23 of the United States Housing Act of 1937 prior to amendment by the Housing and Community Development Act of 1974; Payments under the Section 8 Housing Assistance Payments Program pursuant to Section 8 of the United States Housing Act after amendment by the Housing and Community Development Act unless the project is owned by a Public Housing Agency; A Public Housing Project, SUBSIDY STANDARDS - Standards established by a PHA to determine the appropriate number of bedrooms and amount of subsidy for families of different sizes and compositions. TENANT- (Synonymous with resident) The person or persons who executes the lease as lessee of the dwelling unit. TENANT RENT -The amount payable monthly by the family as rent to the PHA. TOTAL TENANT PAYMENT (TTP) - The total amount the HUD rent formula requires the tenant to pay toward rent and utilities. UNIT/HOUSING UNIT. Residential space for the private use of a family. The size of a unit is based on the number of bedrooms contained within the unit and generally ranges from zero bedrooms to six bedrooms. UTILITIES - Utilities means water, electricity, gas, other heating, refrigeration; cooking fuels, trash collection and sewage services. Telephone service is not included as a utility. Admissions &Continued Occupancy Po€icy Presented to the board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA GL-15 UTILITY ALLOWANCE-The PHA's estimate of the average monthly utility bills for an energy-conscious household. If all utilities are included in the rent,there is no utility allowance. The utility allowance will vary by unit size and type of utilities. UTILITY REIMBURSEMENT PAYMENT- The amount, if any, by which the Utility Allowance for the unit, if applicable, exceeds the Total Tenant Payment for the family occupying the unit. VERY LARGE LOWER-INCOME FAMILY - Prior to the change in the 1982 regulations this meant a lower-income family which included eight or more minors. (Term no longer used) VERY LOW INCOME FAMILY - A Low-Income Family whose Annual Income does not exceed 50% of the median income for the area, as determined by HUD, with adjustments for smaller and larger families, HUD may establish income limits higher or lower than 50% of the median income for the area on the basis of its finding that such variations are necessary because of unusually high or low family incomes. VETERAN - A person who has served in the active military or naval service of the United States at any time and who shall have been discharged or released therefrom under conditions other than dishonorable. VIOLENT CRIMINAL ACTIVITY -Any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another. WAITING LIST -A list of families organized according to HUD regulations and PHA policy who are waiting for subsidy to become available. WELFARE ASSISTANCE -Welfare or other payments to families or individuals, based on need, that are made under programs funded, separately or jointly, by Federal, state, or local governments. "Welfare assistance" means income assistance from Federal or State welfare programs, and includes only cash maintenance payments designed to meet a family's ongoing basic needs. The definition borrows from the Department of Health and Human Services` TANF definition of"assistance" and excludes nonrecurring short-term benefits designed to address individual crisis situations. For FSS purposes, the following do not constitute welfare assistance: food stamps; emergency rental and utilities assistance; and SSI, SSDI, and Social Security. GLOSSARY OF TERMS USED IN THE NONCITIZENS RULE CHILD -A member of the family other than the family head or spouse who is under 18 years of age. CITIZEN - A citizen or national of the United States. EVIDENCE - Evidence of citizenship or eligible immigration status means the documents which must be submitted to evidence citizenship or eligible immigration status. PHA - A housing authority- either a public housing agency or an Indian housing authority or both. Admissions &Continued Occupancy Policy Presented to the Board of Comrnissione•rs or, Sept.2i;2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA GL-16 HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purpose of determining income eligibility and rent, HUD - Department of Housing and Urban Development, INS - The U.S. Immigration and Naturalization Service. MIXED FAMILY -A family whose members include those with citizenship or eligible immigration status and those without citizenship or eligible immigration status. NATIONAL - A person who owes permanent allegiance to the United States, for example, as a result of birth in a United States territory or possession. NONCITVEN -A person who is neither a citizen nor nation of the United States. PHA - A housing authority who operates Public Housing. RESPONSIBLE ENTITY - The person or entity responsible for administering the restrictions on providing assistance to noncitizens with ineligible immigration status (the PHA). SECTION 214 - Section 214 restricts HUD from making financial assistance available for noncitizens unless they meet one of the categories of eligible immigration status specified in Section 214. SPOUSE - Spouse refers to the marriage partner, either a husband or wife, who is someone you need to divorce in order to dissolve the relationship. It includes the partner in a common-law marriage. It does not cover boyfriends, girlfriends, significant others, or "co-heads." "Co-head" is a term recognized by some HUD programs, but not by public and Indian housing programs. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept. 21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA GL-17 ............... .............. ............. CHILD CARE EXPENSES Unreimbursed child care expenses for children under 13 may be deducted from annual income if they enable an adult to work, actively seek work, attend school full time, or attend full-time vocational training. In the case of a child attending private school, only before or after-hours care can be counted as child care expenses. If a tenant is eligible for the earned income disallowance, the amount of deduction for child care expenses necessary to permit employment shall not exceed the amount of employment income that is included in annual income. Therefore, the disregarded or excluded amounts cannot be used in determining the cap for the child care expense deduction. Child care expenses cannot be allowed as a deduction if there is an adult household member capable of caring for the child who can provide the child care. Examples of those adult members who would be considered unable to care for the child include: The abuser in a documented child abuse situation, or A person with disabilities or older person unable to take care of a small child, as verified by a reliable knowledgeable source. Child care expenses must be reasonable. Reasonable is determined by what the average child care rates are in the PHA's jurisdiction. Allowability of deductions for child care expenses is based on the following guidelines: Child care to work: The maximum child care expense allowed must be less than the amount earned by the person enabled to work. The "person enabled to work" will be the adult member of the household who earns the least amount of income from working. Child care for school: The number of hours claimed for child care may not exceed the number of hours the family member is attending school (including one hour travel time to and from school). Amount of Expense: The PHA will survey the local care providers in the community to determine what is reasonable. The PHA will use the collected data as a guideline. If the hourly rate materially exceeds the guideline, the PHA may calculate the allowance using the guideline. Adrnissions &Continued Occupancy Policy Presented to the Beard of Corn rnissioners or, Sept..21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-16 __ MEDICAL EXPENSES [24 CFR 5.503] When it is unclear in the HUD rules as to whether or not to allow an item as a medical expense, IRS Publication 502 will be used as a guide. Nonprescription medicines must be prescribed by a doctor or licensed health professional in order to be considered amedical expense. Acupressure and related herbal medicines will not be considered allowable medical expenses. Chiropractic services and acupuncture will be considered allowable medical expenses. PRORATION OF ASSISTANCE FOR "MIXED" FAMILIES [24 CFR 5.520] Applicability Proration of assistance must be offered to any "mixed" applicant or participant family. A "mixed" family is one that includes at least one U.S. citizen or eligible immigrant and any number of ineligible members. "Mixed"families that were participants on June 19, 1995, and that do not qualify for continued assistance must be offered prorated assistance. (See Chapter titled "Recertifications.") Applicant mixed families are entitled to prorated assistance. Families that become mixed after June 19, 1995, by addition of an ineligible member are entitled to prorated assistance. Prorated TTP Calculation for Mixed Families Prorated assistance will be calculated by subtracting the Total Tenant Payment from the applicable Maximum Rent for the unit the family occupies to determine the Family Maximum Subsidy. The family's TTP will be calculated by: Dividing the Family Maximum Subsidy by the number of persons in the family to determine Member Maximum Subsidy. Multiplying the Member Maximum Subsidy by the number of eligible family members to determine Eligible Subsidy. Subtracting the amount of Eligible Subsidy from the applicable Maximum Rent for the unit the family occupies to get the family's Revised Total Tenant Payment. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-17 INCOME CHANGES RESULTING FROM WELFARE PROGRAM REQUIREMENTS The PHA will not reduce the public housing rent for families whose welfare assistance is reduced specifically because of: • fraud; or • failure to participate in an economic self-sufl•►ciency program; or • noncompliance with a work activities requirement However, the PHA will reduce the rent if the welfare assistance reduction is a result of: • The expiration of a lifetime time limit on receiving benefits; or • A situation where a family member has complied with welfare agency economic self-sufficiency or work activities requirements but cannot or has not obtained employment; or • A situation where a family member has not complied with other welfare agency requirements. Imputed welfare income is the amount of annual income not actually received by a family as a result of a specified welfare benefit reduction that is included in the family's income for rental contribution. Imputed welfare income is not included in annual income if the family was not an assisted resident at the time of sanction. The amount of imputed welfare income is offset by the amount of additional income a family receives that begins after the sanction was imposed. When additional income is at least equal to the imputed welfare income, the imputed welfare income is reduced to zero. Verification Before Denying a Request to Reduce Rent The PHA will obtain written verification from the welfare agency stating that the family's benefits have been reduced for fraud or noncompliance before denying the family's request for rent reduction. The welfare agency, at the request of the PHA, will inform the PHA of, • amount and term of specified welfare benefit reduction for the family; • reason for the reduction; and , • subsequent changes in term or amount of reduction, Admissions &Continued Occupancy Poticy Presented, to the Board o-=Commissioners on Sept.21,2004 HOUSING AUTHIOR71Y OF THE COUNTY OF CONTRA COSTA 6-18 _ _ _. Cooperation Agreements The PHA has a written cooperation agreement in place with the local welfare agency that assists the PHA in obtaining the necessary information regarding welfare sanctions. The PHA has taken a proactive approach to culminating an effective working relationship between the PHA and the local welfare agency for the purpose of targeting economic self- sufficiency programs throughout the community that are available to public housing residents. The PHA and the local welfare agency have mutually agreed to notify each other of any economic self-sufficiency and/or other appropriate programs or services .that would benefit public housing residents. UTILITY ALLOWANCE AND UTILITY REIMBURSEMENT PAYMENTS If the cost of utilities (excluding telephone) is not included in the Tenant Rent, a utility allowance will be deducted from the total tenant payment. The Utility Allowance is intended to help defray the cost of utilities not included in the rent. The allowances are based on the monthly cost of reasonable consumption of utilities in an energy conservative household, not on a family's actual consumption. When the Utility Allowance exceeds the family's Total Tenant Payment, the PHA will provide a Utility Reimbursement Payment for the family each month. The check will be made out directly to the tenant. Resident-Paid Utilities The following requirements apply to residents living in developments with resident-paid utilities or applicants being admitted to such developments: When the supplier of utilities offers a "budget" or level payment plan, it shall be suggested to the resident to pay his/her bilis according to this plan. This protects the resident from large seasonal fluctuations in the cost of utilities and ensures adequate heat in the winter. if the family is receiving TANF, the PHA will encourage the family to consider a vendor payment plan for rent and utilities. Paying the utility bill is the resident's obligation under the lease. Failure to pay utilities is grounds for eviction. EXCESS UTILITY PAYMENTS Residents in units where the PHA pays the utilities may be charged for excess utilities if additional appliances or equipment are used in the unit. This charge shall be applied as specified in the lease. [24CFR 965.4(b)(2)) Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-19 ...................... ............. ...... FAMILY CHOICE IN RENTS Authority for Family to Select The PHA shall provide for each family residing in a public housing unit to elect annually whether the rent paid by such family shall be 1) determined based on family income or 2) the flat rent. The PHA may not at any time fail to provide both such rent options for any public housing unit owned, assisted or operated by the PHA. Annual choice: The PHA shall provide for families residing in public housing units to elect annually whether to pay income-based or flat rent. Allowable Rent Structures Flat Rents The PHA has established, for each dwelling unit in public housing, a flat rent amount for the dwelling unit, which: Is based on the rental value of the unit, as determined by the PHA; and Is designed so that the rent structures do not create a disincentive for continued residency in public housing by families who are attempting to become economically self- sufficient through employment or who have attained a level of self-sufficiency through their own efforts. The rental policy developed by the PHA encourages and rewards employment and self- sufficiency. The PHA methodology will utilize current rental listing(s) in newspapers and/or apartment brochures of units within the city that the public housing units are located to establish reasonable market value for each unit. The analysis will include relevant factors, such as age, location, condition, amenities, designs and size of units. This test will be conducted annually by the PHA. The PHA shall review the income of families paying flat rent not less than once every three years. Family composition will be reviewed annually for all families, including those paying flat rent. Income-Based Rents The monthly Total Tenant Payment amount for a family shall be an amount, as verified by the PHA, that does not exceed the greatest of the following amounts: 30 percent of the family's monthly adjusted income; 10 percent of the family's monthly adjusted income; or The PHA/s Minimum TTP of$50. Admis-sions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.211,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-20 ... ..... ..... ... Switching Rent Determination Methods Because of Hardship Circumstances In the case of a family that has elected to pay the PHA's flat rent, the PHA shall immediately provide for the family to pay rent in the amount determined under income- based rent, during the period for which such choice was made, upon a determination that the family is unable to pay the flat rent because of financial hardship, including: Situations in which the income of the family has decreased because of changed circumstances, loss of or reduction of employment, death in the family, and reduction in or loss of income or other assistance; An increase, because of changed circumstances, in the family's expenses for medical costs, child care, transportation, education, or similar items; and Such other situations as may be determined by the PHA. All hardship situations will be verified. Once a family switches to income-based rent due to hardship, the family must wait until the next annual reexamination to elect whether to pay income-based rent or fiat rent. Annual Reexamination 90 days in advance of the annual reexamination, the family will be sent a form from the PHA, on which the family will indicate whether they choose flat rent or income-based rent. The PHA form will state what the flat rent would be, and an estimate, based on current information, what the family's income-based rent would be. If the family indicates they choose flat rent, the family will fill out and return a PHA form to certify family composition. This form will be retained in the tenant file. If the family indicates they choose income-based rent, a reexamination appointment will be scheduled according to PHA policy. PHA'S PLAT RENT METHODOLOGY The PHA has set a flat rent for each public housing unit in each development, based on the reasonable market value of the unit. The PHA's methodology is described in the PHA Agency Plan. The PHA's flat rents have been established using the following methodology: The PHA will utilize current rental apartment announcements or listings in local newspapers to establish reasonable market value for each unit. The analysis will include relevant factors such as age, location, conditions, amenities, design and bedroom size as follows: Our public housing property ranges in age from 22 years to the oldest at 62 years old. Because of the age of our properties 20% was discounted off the average market rent Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-21 .................. ............. ......I................... for its locale. Most of the properties listed and or in rental apartment announcements included amenity(s) such as laundry room facility, swimming pool, garbage disposal$, dishwasher, storage rooms, community rooms, covered parking, exercise gyms, spa, basketball courts, etc...therefore taking off an additional 20% off for amenity(s). Total discount 40% off all market rents. Five bedroom comparables, used were (2) homes located out of Hercules and averaged with same methodology 20% discount for over 20 years old and 20% for amenity(s). The thought and idea here was to consider such factors as incentives for residents to remain in public housing, therefore, increasing their chances of success/self-sufficiency as well as generating more revenue for the housing authority. Methodology is documented/filed and available, Admissions &Continued occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-22 The PHA has adapted the fallowing flat rents: Revised Flat Rents Effective 04/01/04 Ca001 Alhambra Terrace -Martinez Studio 1Br 2Br 3Br 4Br 5Br Revised Flat Rents N/A 822.00 787.00 952.00 NIA I N/A i Ca003 Brid emont-Antioch Studio 18r 2Br 3Br i 4Br 5Br Revised Flat Rents N/A 554.00 632.00 813.00 N/A NIA CaOO4 Los No ales -Brentwood Studio 1 Br 2Br 3Br 4Br 5Br Revised Flat Rents NIA 627.00 891.00 883.00 N/A N/A Ca005 El Pueblo-Pittsburg Studio 1Br 2Br 3Br 4Br 5Br Revised Flat Rents N/A 580.00 699.00 1,024.00 1,202.00 N/A i Ca006,91,&92 Las Deltas -N. Richmond Studio 1Br 2Br 3Br 4Br 1 5Br Revised Flat Rents N/A 587.00 828.00 920.00 1,152.00 : NIA i Ca008 Los Arboles -(aloe Studio 1Br 2Br 3Br 4Br 5Br Revised Flat Rents N/A 554.00 632.00 1 813.00 942.00 N/A 1 Ca010 Bayo Vista-Rodeo i Studio 1Br 2Br 3Br 4Br i 5Br Revised it Rents N/A 577.00 728.00 i 1,008.00 ! 1,152.00 1,488.00 Ca011 Hacienda -Martinez Senior Studio 1Br 2Br 3Br 4Br 5Br �6 Revised Flat Rents N/A 512.00 N/A N/A N/A N/A Admissions S.Continued Occupancy Poticy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 6-23 .......................... ...... ...... .............. ...... .............. ............ Ca012 Casa Do Manana-.Oaki", Studio 1 B 213r 313r 4Br 5Br Revised Flat Rents 1 NIA 554.00 632.00 N/A I NIA NIA. CaOI3 Casa Serena -BaPoint Studio IBr 213r 313r 413r 513r Revised Flat Rents N/A 566,00 N/A NIA N/A N/A Cal)IS Elder Winds-Antioch Studio IBr 213r 313r 413r 513r I Revised Flat Rents ..... NIA 554,00 63200 N/A N/A /A 1 CaMb Kidd Manor-San Pablo Studio IBr 1 213r 313r 58r Revised Flat Rents 499.00 1 629.00 N/A NIA NIA NIA Ca046a Vista Del Camino -San Pa to Studio 1Br 28r 38r 413r 513r Revised Flat Rents NIA 587.00 828.00 920.00 1,152.00 N/A Admissions Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OP CONTRA COSTA 6-24 .............. ............... Chapter 7: VERIFICATION PROCEDURES [24 CFR, Part 5, Subpart S; 24 CFR 950.259] INTRODUCTION HUD regulations require that the factors of eligibility and Total Tenant Payment be verified by the PHA. Applicants and program tenants must furnish proof of their statements whenever required by the PHA, and the information they provide must be true and complete. The PHA's verification procedures are designed to meet HUD's requirements and to maintain program integrity. This Chapter explains the PHA's procedures and standards for verification of preferences, income, assets, allowable deductions, family status, and when there are changes in family members. The PHA will ensure that proper authorization for release of information is always obtained from the family before making verification inquiries. METHODS OF VERIFICATION AND TIME ALLOWED The PHA will verify information through the four methods of verification acceptable to HUD in the following order: 1. Third-Party Written The PHA's first choice is a written third party verification to substantiate claims made by an applicant or resident. 2. Third-Party ural: The PHA may also use telephone verifications. 3. Review of Documents: The PHA will review documents, when relevant, to substantiate the claim of an applicant or resident. 4. Family Certification: A[notarized] family certification will be accepted when no other form of verification is available. If third party verification is not received directly from the source, PHA staff will document the file as to why third party verification was impossible to obtain and another method was used (such as reviewing documents families provide.) (See Chapter on Applying for Admission.) The PHA will not delay the processing of an application beyond two weeks because a third party information provider does not return the verification in a timely manner. For applicants, verifications may not be more than 120 days old at the time of a unit offer. For tenants, they are valid for 50 days from date of receipt. Third-Party Written Verification r Third-party verification is used to verify information directly with the source. Third-party written verification forms will be sent and returned via first class mail. The family will be required to sign an authorization for the information source to release the specified information. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners or Sept_21,2004 HOUSINC AUTHORITY OF THE COUNTY OF CONTRA COSTA 7_1 .......... ......I......I............. Verifications received electronically directly from the source are considered third party written verifications. Third-Party Oral Verification Oral third-party verification will be used when written third-party verification is delayed or not possible. When third-party oral verification is used, staff will be required to complete a Certification of Document Viewed or Clarification Record, noting with whom they spoke, the date of the conversation, and the facts provided. If oral third patty verification is not available, the PHA will compare the information to any documents provided by the Family, If provided by telephone, the PHA must originate the call. Review of Documents In the event that third party written or oral verification is unavailable, or the information has not been verified by the third party within two weeks, the PHA will utilize documents provided by the family as the primary source if the documents provide complete information. All such documents, excluding government checks, will be photocopied and retained in the applicant file. In cases where documents are viewed which cannot be photocopied, staff viewing the document(s) will complete a Certification of Document Viewed or Clarification Record form. The PHA will accept the following documents from the family provided that the document is such that tampering would be easily noted: • Printed wage stubs • Computer printouts from the employer • Signed letters (provided that the information is notarized or confirmed by phone) • Other documents noted in this Chapter as acceptable verification The PHA will accept faxed documents. The PHA will accept photocopies. If third-party verification is received after documents have been accepted as provisional verification, and there is a discrepancy, the PHA will utilize the third party verification. Self-certification/Self-declaration When verification cannot be made by third-party verification or review of documents, families will be required to submit self-certification. Self-certification means a notarized statement, affidaviticertification/statement under penalty of perjury. Admissions &Continued, Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-2 -------------- RELEASE OF INFORMATION All adults, and head of house and sponse regardless of age, are required to sign HUD form 9886, Authorization for Release of Information/Privacy Act Notice. In addition, the family will be required to sign specific authorization farms when information is needed that is not covered by the HUD form 9888. Each member requested to consent to the release of information will be provided with a copy of the appropriate forms for their review and signature. Family refusal to cooperate with the HUD prescribed verification system will result in denial of admission or termination of tenancy because it is a family obligation under tenancy to supply any information requested by the PHA or HUD. COMPUTER MATCHING When the PHA receives notification from HUD that a family has been sent an "income discrepancy" letter, the PHA will: Wait 49 days after the date of notification before contacting tenant. After 46 days following the date of notification, the PHA will contact the tenant by mail and/or telephone asking the family to promptly furnish any letter or other notice by HUD concerning the amount or verification of family income. The PHA will fully document the contact in the tenant's file, including a copy of the letter to the family/written documentation of phone call. When the family provides the required information, the PHA will verify the accuracy of the income information received from the family, review the PHA's interim recertification policy, will identify unreported income, will charge retroactive rent as appropriate, and change the amount of rent or terminate assistance, as appropriate, basest on the information. If tenant fails to respond to PHA: The PHA will ask HUD to send a second letter. After an additional 40 days, the PHA will ask HUD to send a third letter. After an additional 46 days, the PHA will send a letter to the head of household, warning of the consequences if the family fails to contact the PHA within two weeks. Admissions &Continued Occupancy Policy Presented to the Board of Com miss loners on Sept.21,20344 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-3 ...................... ......... .............. If tenant claims a letter from HUD was not received: The PHA will ask HUD to send a second letter with a verified address for the tenant. After 40 days, the PHA will contact the tenant family. If the tenant family still claims they have not received a letter, the PHA will ask HUD to send a third letter. After an additional 40 days, the PHA will set up a meeting with the family to complete IRS forms 4506 and 8821. If the tenant family fails to meet with the PHA or will not sign the IRS forms, the PHA will send a warning letter to the head of household, notifying the family that termination proceedings will begin within one week if the tenant fails to meet with the PHA and/or sign forms. If tenant does receive a discrepancy letter from HUD: The PHA will set up a meeting with the family. If the family fails to attend the meeting, the PHA will reschedule the meeting. If the family fails to attend the second meeting, the PHA will send a termination warning. The family must bring the original HUD discrepancy letter to the PHA. If tenant disagrees with the Federal tax data contained in the HUD discrepancy letter: The PHA will ask the tenant to provide documented proof that the tax data is incorrect. If the tenant does not provide documented proof, the PHA will obtain proof to verify the Federal tax data using third party verification, ITEMS TO BE VERIFIED All income not specifically excluded by the regulations. Zero-income status of household. Zero income applicants and residents will be required to complete a family expense form at each certification or recertification interview. Full-time student status including High School students who are 18 or over. Current assets including assets disposed of for less than fair market value in preceding two years. Admissions � Continued Occupancy Poticy Presented to the Board of Commissioners on Sept,21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-4 Child care expense where it allows an adult family member to be employed, seek employment or to further his/her education. Total medical expenses of all family members in households whose head or spouse is elderly or disabled. Disability assistance expenses to include only those costs associated with attendant care or auxiliary apparatus that allow an adult family member to be employed. Legal Identity U.S. citizenship/eligible immigrant status. Birth certificate and valid California ID, Driver's License, Military lid (See 2-2) Social Security Numbers for all family members 6 years of age or older or certification that a family member does not have a Social Security Number. Preference status, based upon PHA preferences. Familial/Marital status when needed for head or spouse definition. Disability for determination of preferences, allowances or deductions. VERI'FICAT'ION OF INCOME This section dunes the methods the PHA will use to verify various types of income. Employment income Verification forms request the employer to specify the: Dates of employment Amount and frequency of pay Date of the last pay increase Likelihood of change of employment status and effective date of any known salary increase during the next 12 months Year to date earnings Estimated income from overtime, tips, bonus pay expected during next 12 months Acceptable methods of verification include: 1. Employment verification form completed by the employer. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners or, Sept.21;2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-5 ............-.... ...... 2. Check stubs or earning statements that indicate the employee's gross pay, frequency of pay or year to date earnings. 3. W-2 forms plus income tax return forms. 4. Self-certification or income tax returns signed by the family may be used for verifying self-employment income, or income from tips and other gratuities. Applicants and program tenants may be requested to sign an authorization for release of information from the Internal Revenue Service for further verification of income. In cases where there are questions about the validity of information provided by the family, the PHA will require the most recent federal income tax statements. Where doubt regarding income exists, a referral to IRS for confirmation will be made on a case-by-case basis. Social Security, Pensions, Supplemental Security Income (SSI), Disability Income Acceptable methods of verification include. 1. Benefit verification form completed by agency providing the benefits 2. Computer report electronically obtained or in hard copy, 3. Award or benefit notification letters prepared and signed by the providing agency. 4. Bank statements for direct deposits. Unemployment Compensation Acceptable methods of verification include: 1. Computer report electronically obtained or in hard copy, stating payment dates and amounts 2. Verification form completed by the unemployment compensation agency. 3. Payment Stubs Welfare Payments or General Assistance Acceptable methods of verification include: 1. PHA verification form completed by payment provider. 2. Written statement from payment provider indicating the amount of grant/payment, start date of payments, and anticipated changes in payment in the next 12 months, Admissions .Continued Occupancv Po(lcy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-6 _. .__. 3. Computer-generated Notice of Action. 4. Computer-generated list of recipients from Welfare Department. Alimony or Child Support Payments Acceptable methods of verification include: 1 . Copy of a separation or settlement agreement or a divorce decree stating amount and type of support and payment schedules. 2. A notarized letter from the person paying the support. 3. Copy of latest check and/or payment stubs from Court Trustee. PHA must record the date, amount, and number of the check. 4. If payments are irregular, the family must provide: • A copy of the separation or settlement agreement, or a divorce decree stating the amount and type of support and payment schedules. • A statement from the agency responsible for enforcing payments to show that the family has filed for enforcement. • A notarized affidavit from the family indicating the amount(s) received. • A welfare Notice of Action showing amounts received by the welfare agency for child support. • A written statement from an attorney certifying that a collection or enforcement action has been filed. Net Income from a Business In order to verify the net income from a business, the PHA will view IRS and financial documents from prior years and use this information to anticipate the income for the next 12 months. Acceptable methods of verification include: 1 . IRS Form 1040, including: Schedule C (Small Business) Schedule E (Rental Property income) Schedule F (Farm Income) Admissions &Continued Occupancy Po{icy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-7 ..............I...... ...... If accelerated depreciation was used on the tax return or financial statement, an accountants calculation of depreciation expense, computed using straight-line depreciation rules. 2. Audited or un-audited financial statement(s) of the business. 3. Credit report or loan application. 4. Documents such as manifests, appointment books, cash books, bank statements, and receipts will be used as a guide for the prior six months (or lesser period if not in business for six months) to project income for the next 12 months. The family will be advised to maintain these documents in the future if they are not available. 5. Family's self-certification/notarized statement as to net income realized from the business during previous years. The PHA may request the documentation identified in #4 above, regardless of the verification used. Child Care Business If an applicant/tenant is operating a licensed day care business, income will be verified as with any other business. If the applicant/tenant is operating a "cash and carry" operation (licensed or not), the PHA will require the applicant/tenant to complete a form for each customer giving: name of person(s) whose child(ren) is/are being cared for, phone number, number of hours child is being cared for, method of payment (check/cash), amount paid, and signature of. person. If the family has filed a tax return, the family will be required to provide it. If childcare services were terminated, a third-party verification will be sent to the parent whose child was cared for, The PHA will conduct interim reevaluations every 60/901120 days and require the tenant to provide a log with the information about customers and income. Recurring Gifts The family must furnish a notarized statement that contains the following information: • The person who provides the gifts • The value of the gifts • The regularity (dates) of the gifts The purpose of the gifts Admissions &Continued Occupancy Poky Presented to the Board of Commissioners or., Sept.2?,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-8 —--—-------- Zero Income Status Family's reporting zero income will be reviewed every 30 days. Families claiming to have no income will be required to execute verification forms to determine that forms of income such as unemployment benefits, AFDC, SSI, etc. are not being received by the household. The PHA will request information from the State Employment Development Department, The PHA will request IRS information from the family. The PHA may check records of other departments in the jurisdiction (such as government utilities) that have information about income sources of customers. Full-Time Student Status Only the first $480 of the earned income of full time students 18 years of age or older, other than head or spouse, will be counted towards family income. Financial aid, scholarships and grants received by full time students is not counted towards family income. Verification of full time student status includes: • Written verification from the registrar's office or other school official. * School records indicating enrollment for sufficient number of credits to be considered a full-time student by the educational institution. Verification of Income Exclusions The PHA will attempt third party verification of income exclusions wherever possible. When third party verification of income exclusions are not possible or practical, a review of documents or notarized self certification will be obtained. Exclusions from income that must be verified and reported on the 50088 include the following: * Expenditures for business expansion. • Amortization of capital indebtedness as deductions in determining net income of a business. • Withdrawals of cash or assets from a professional or business operation if the withdrawal is a reimbursement for cash or assets invested in the operation by the family. • Allowance for business asset depreciation, based on straight line depreciation, as provided in the Internal Revenue Service (IRS) regulations. * Income from employment of children or foster children under 18 years old. Admissions &Continued Occupancy Poticy Presented to the Board o=Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-9 ..............-......-111-1.1 .................... ...... ...... • Earnings in excess of$480 for each full-time student 18 years old or older (excluding head or household and spouse). • Earned income disallowance. • Amounts earned by temporary Census employees; terms of employment may not exceed 180 days for the purposes of the exclusion. • Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by the resident for performing a service for the PHA, on a part-time basis, that enhances the quality of life in the development, • Stipends to reimburse residents for expenses for serving as members of the PHA governing board or commission, • The special pay to a family member serving in the Armed Forces who is exposed to hostile fire. • The full amount of military pay of any family member other than the head and spouse. If other family members are away from home in the military, the PHA may remove their name from the lease and exclude their income. • Other military pay specifically excluded by law (e.g. Desert Storm active duty). • Income of a live-in aide. • Earnings and benefits from employment training programs funded by HUD. • Reimbursement for out-of-pocket expenses while attending a public assisted training program. • Incremental earnings and benefits from participation in qualifying state and local employment programs, • Payments to volunteers under the Domestic Volunteer Services Act. • Payments received under programs funded in whole or in part under the Workforce Investment Act (WIA) (formerly known as the Job Training Partnership Act (JTPA)). • Earnings and benefits to any family member from an employment training and supportive services program during the exclusion period. The exclusion is applicable only if the family was admitted to the qualifying program prior to October 1., 1999. • Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home. • Food stamps. • Annual imputed Welfare Income if the family was not an assisted resident at the time of sanction. Admissions &continued Occupancy Policy Presented to the Board of Commissioners on Sept.271,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-10 _ • Nonrecurrent, short-term benefits under TANF assistance that: Are designed to deal with a specific crisis situation or episode of need; Are not intended to meet recurrent or ongoing needs; and ■ Will not extend beyond four months. • Work subsidies under TANF assistance (i.e., payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training). • Supportive services under TANF assistance such as child care and transportation provided to families who are employed. • Refundable earned income tax credits. • Individual Development Accounts under TANF. • Services provided under TANF assistance such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support. • Transportation benefits under TANF assistance provided under a .lob Access or Reverse Commute project, pursuant to section 404(k) of the Act, to an individual who is not otherwise receiving assistance. • Lump-sum pension benefits payable as a death benefit. • Deferred periodic amounts from SSI benefits that the family member received in a lump sum amount or in prospective monthly amounts. • Amounts received by a person with a disability that are disregarded for a limited time for purposes of SSI eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS). • Deferred periodic amounts from Social Security benefits that the family member received in a lump sum amount or in prospective monthly amounts. • Child care arranged or provided under the Child Care and Development Block Grant Act. • Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member. • Payments received under the Alaska Native Claims Settlement Act. • Income derived from certain submarginal land or the United States that is held in trust for certain Indian tribes. • Income derived from the disposition of funds of the Grand River Band of Ottawa Indians. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept 21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-11 • The first $2000 of per capita shares from judgement funds awarded by Indian Claims. • Payments received under the Maine Indian Claims Settlement Act of 1980: • Payments received by Indian Claims Commission to the Confederate Tribes and Bands of the Yakima Indian Dation or the Apache Tribe of the Mescalero Reservation. • The first $2000 of income received by individual Indians derived from interests or trust or restricted land. • Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone), • Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses. • Full amount of student financial assistance and paid directly to the student or to the educational institution. • Temporary, nonrecurring or sporadic income (including gifts). • Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era. • Adoption assistance payments in excess of$480 per adopted child. • Refunds or rebates under state or local law for property taxes paid on dwelling unit. • 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 any program to which the exclusions set forth in 24 CFR 5.809(c) apply. • Payments or allowances under DHHS' low-income home energy assistance program (LIHEAP). • Federal scholarships funded under Title IV of The Higher Education Act of 1955, including awards under the Federal work study program or under the Bureau of Indian Affairs student assistance program. • Payments received from programs funded under Title V of the Older Americans Act Of 1955. • Payments received on or after January 1, 1989 from the Agent Orange Settlement Fund or any fund established pursuant to the settlement in the In Re Agent Orange product liability litigation. • Earned Income Tax Credit refund tax payments. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-12 • Any allowance paid under provisions of 38 U.S.C. 1805 to a child suffering from spina bifida who is a child of a Vietnam Veteran. • Any amount of crime victim compensation that the applicant (under the Victims Crime Act) receives through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims Crime Act because of the commission of a crime against the applicant. INCOME FROM ASSETS Acceptable methods of verification include: Savings Account Interest Income and Dividends Will be verified by: 1. Account statements, passbooks, certificates of deposit, or PHA verification forms completed by the financial institution. 2. Broker's statements showing value of stocks or bonds and the earnings credited the family. Earnings can be obtained from current newspaper quotations or oral broker's verification. 3. IRS Form 1009 from the financial institution, provided that the PHA must adjust the information to project earnings expected for the next 12 months. Interest Income from Mortgages or Similar Arrangements 1. A letter from an accountant, attorney, real estate broker, the buyer, or a financial institution stating interest due for next 12 months. (A copy of the check paid by the buyer to the family is not sufficient unless a breakdown of interest and principal is shown.) 2. Amortization schedule showing interest for the 12 months following the effective date of the certification or recertification. Net Rental Income from Property Owned by Family 1. IRS Form 1040 with Schedule E (Rental Income). 2. Copies of latest rent receipts, leases, or other documentation of rent amounts. 3. documentation of allowable operating expenses of the property: tax statements, insurance invoices, bills for reasonable maintenance and utilities, and bank statements or amortization schedules showing monthly interest expense. 4. Lessee's written statement verifying rent payments to the family and family's notarized statement as to net income realized. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners or Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-13 .................... ............................. ..................... ......I......I.............. VERIFICATION OF ASSETS Family Assets The PHA will require the necessary information to determine the current cash value, (the net amount the family would receive K the asset were converted to cash). • Verification forms, letters, or documents from a financial institution or broker. • Passbooks, checking account statements, certificates of deposit, bonds, or financial statements completed by a financial institution or broker. • Quotes from a stock broker or realty agent as to net amount family would receive if they liquidated securities or real estate. • Real estate tax statements if the approximate current market value can be deduced from assessment. • Financial statements for business assets. • Copies of closing documents showing the selling price and the distribution of the sales proceeds. • Appraisals of personal property held as an investment. • Family's Notarized Statement describing assets or cash held at the family's home or in safe deposit boxes. Assets Disposed of for Less than Fair Market Value (FMVj during two years preceding effective date of certification or recertification. For all Certifications and Recertifications, the PHA will obtain the Family's certification as to whether any member has disposed of assets for less than fair market value during the two years preceding the effective date of the certification or recertification. If the family certifies that they have disposed of assets for less than fair market value, verification for certification) is required that shows: (a) all assets disposed of for less than FMV, (b) the date they were disposed of, (c) the amount the family received, and (d) the market value of the assets at the time of disposition. Third party verification will be obtained wherever possible. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners or. Sept.71,2004 HOIJ'SING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-14 VERIFICATION OF ALLOWABLE DEDUCTIONS FROM INCOME Child Care Expenses Written verification from the person who receives the payments is required. If the child care provider is an individual, s/he must provide a statement of the amount they are charging the family for their services. Verifications must specify the child care provider's name, address, telephone number, the names of the children cared for, the number and schedule of hours the child care occurs, the rate of pay, and the typical yearly amount paid, including school and vacation periods. Family's certification as to whether any of those payments have been or will be paid or reimbursed by outside sources. Medical and Disability assistance Expenses Families who claim medical expenses or expenses to assist a person(s) with disabilities will be required to submit a certification as to whether or not any expense payments have been, or will be, reimbursed by an outside source. All expense claims will be verified by one or more of the methods listed below: Written verification by a doctor, hospital or clinic personnel, dentist, pharmacist, of (a) the anticipated medical costs to be incurred by the family and regular payments due on medical bills; and (b) extent to which those expenses will be reimbursed by insurance or a government agency. Written confirmation by the insurance company or employer of health insurance premiums to be paid by the family. Written confirmation from the Social Security Administration of Medicare premiums to be paid by the family over the next 12 months. A computer printout will be accepted. For attendant care: A reliable, knowledgeable professional's certification that the assistance of an attendant is necessary as a medical expense and a projection of the number of hours the care is needed for calculation purposes. Attendant's written confirmation of hours of care provided and amount and frequency of payments received from the family or agency (or copies of canceled checks the family used to make those payments) or stubs from the agency providing the services. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-15 ..................-...... ................... ......-.... ............. ......I......I....... ...... Receipts, canceled checks, or pay stubs that verify medical costs and insurance expenses likely to be incurred in the next 12 months. Copies of payment agreements or most recent invoice that verify payments made on outstanding medical bills that will continue over all or part of the next 12 months. Receipts or other record of medical expenses incurred during the past 12 months that can be used to anticipate future medical expenses. PHA may use this approach for "`general medical expenses" such as non-prescription drugs and regular visits to doctors or dentists, but not for one-time, nonrecurring expenses from the previous year. The PHA will use mileage at the IRS rate, or cab, bus fare, or other public transportation cost for verification of the cost of transportation directly related to medical treatment. Assistance to Persons with Disabilities In All Cases: Written certification from a reliable, knowledgeable professional that the person with disabilities requires the services of an attendant and/or the use of auxiliary apparatus to permit him/her to be employed or to function sufficiently independently to enable another family member to be employed. Family's certification as to whether they receive reimbursement for any of the expenses of disability assistance and the amount of any reimbursement received. Attendant Care: Attendant's written certification of amount received from the family, frequency of receipt, and hours of care provided. Certification of family and attendant and/or copies of canceled checks family used to make payments. Auxiliary Apparatus: Receipts for purchases or proof of monthly payments and maintenance expenses for auxiliary apparatus. In the case where the person with disabilities is employed, a statement from the employer that the auxiliary apparatus is necessary for employment. VERIFYING NON-FINANCIAL FACTORS Verification of Legal Identity In order to prevent program abuse, the PHA will require applicants to furnish verification of legal identity for all family members. Admissions &Continued Occupancy Policy Presented+10 the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-16 .......... The documents listed below will be considered acceptable verification of legal identity for adults. if a document submitted by a family is illegible or otherwise questionable, more than one of these documents may be required. • Certificate of Birth, naturalization papers • Church issued baptismal certificate • Current, valid Driver's license • U.S. military discharge (DD 214) • U.B. passport • Voter's registration • Company/agency Identification Card • Department of Motor Vehicles Identification Card Documents considered acceptable for the verification of legal identity for minors may be one or more of the following: • Certificate of Birth • Adoption papers • Custody agreement • Health and Duman Services ID • School records If none of these documents can be provided, a third party who knows the person may, at the FHA's discretion, provide a verification. Verification of Marital Status Verification of divorce status will be a certified copy of the divorce decree, signed by a Court Officer. Verification of a separation may be a copy of court-ordered maintenance or other records. Verification of marriage status is a marriage certificate. Familial Relationships Certification will normally be considered sufficient verification of family relationships. In cases where reasonable doubt exists, the family may be asked to provide verification. The following verifications will be required if certification is insufficient: Verification of relationship: Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-17 • Official identification showing name • Birth Certificates • Baptismal certificates Verification of guardianship is: • Court-ordered assignment • Affidavit of parent • Verification from social services agency • School records Evidence of an established family relationship: • Joint bank accounts or other shared financial transactions • Leases or other evidence of prior cohabitation • Credit reports showing relationship Split Households: Domestic Violence Verification of domestic violence when assessing applicant split households includes: • Shelter for battered persons • Police reports • District Attorney's office Verification of permanent Absence of Adult Member If an adult member who was formerly a member of the household is reported permanently absent by the family, the PHA will consider any of the following as verification: • Husband or wife institutes divorce action. • Husband or wife institutes legal separation. • Order of protection/restraining order obtained by one family member against another. • Proof of another home address, such as utility bills, canceled checks for rent; driver's license, or lease or rental agreement, if available. • Statements from other agencies such as social services that the adult family member is no longer living at that location. • If no other proof can be provided, the PHA will accept a Notarized Statement from the family, Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-18 • If the adult family member is incarcerated, a document from the Court or prison should be obtained stating how long they will be incarcerated. Verification of Change in Family Composition The PHA may verify changes in family composition (either reported or unreported) through letters, telephone calls, utility records, inspections, landlords, neighbors, credit data, school or DMV records, and other sources. Verification of Disability Verification of disability must be receipt of SSI or SSA disability payments under 42 U.S.C. Section 423(d)(1)(A) of the Social Security Act or 1012(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(8) or verified by appropriate diagnostician such as physician, psychiatrist, psychologist, therapist, rehabilitation specialist, or licensed social worker, using the HUD language as the verification format. Verification of Citizenship/Eligible Immigrant Status To be eligible for assistance, individuals must be U.S, citizens or eligible immigrants. Individuals who are neither may elect not to contend their status. Eligible immigrants must fall into one of the categories specified by the regulations and must have their status verified by Immigration and Naturalization Service (INS). Each family member must declare their status once. Assistance cannot be delayed, denied, or terminated while verification of status is pending except that assistance to applicants may be delayed while the PHA hearing is pending. Citizens or Nationals of the United States are required to sign a declaration under penalty of perjury. Eligible Immigrants who are 62 or over are required to sign a declaration of eligible immigration status and provide proof of age. _Non_citizens with eligible immigration status must sign a declaration of status and verification consent form and provide their original immigration documents which are copied front and back and returned to the family. The PHA verifies the status through the INS SAVE system. If this primary verification fails to verify status, the PHA must request within ten days that the INS conduct a manual search. Family members who do not claim to be citizens or eligible immigrants must be listed on a statement of non-contending family members signed by the head of household or spouse. Noncitizen students on student visas are ineligible members even though they are in the country lawfully. They must provide their student visa but their status will not be verified and they do not sign a declaration but are listed on the statement of non-contending members. Admissions &Continued Occupancy policy Presented to the Board of Commissioners on Sept.22,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-29 ..............I....... .................. ...... ...... ....... Failure to Provide If an applicant or tenant family member fails to sign required declarations and consent forms or provide documents, as required, they must be listed as an ineligible member. If the entire family fails to provide and sign as required, the family may be denied or terminated for failure to provide required information. Time of Verification. For applicants, verification of U.S. citizenshipleligible immigrant status occurs at the same time as verification of other factors of eligibility for final eligibility determination. For tenant families, it is done at the first regular recertification after June 19, '1995. PHAs that previously elected to "opt out" must immediately commence verification of families for whom eligibility status has not been undertaken. For family members added after other members have been verified, the verification occurs at the first recertification after the new member moves in. Once verification has been completed for any covered program, it need not be repeated except that, in the case of port-in families, if the initial PHA does not supply the documents, the PHA must conduct the determination. Extensions of Time to Provide Documents. The PHA will grant an extension of 30 days for families to submit evidence of eligible immigrant status. Acceptable Documents of Eligible immigration The regulations stipulate that only the following documents are acceptable unless changes are published in the Federal Register. • Resident Alien Card (1-551) • Alien Registration Receipt Card (1-151) • Arrival-Departure Record (1-94) • Temporary Resident Card (1-688) • Employment Authorization Card (1-68813) • Receipt issued by the INS for issuance of replacement of any of the above documents that shows individual's entitlement has been verified A birth certificate is not acceptable verification of status. All documents in connection with U.S. citizenship/eligible immigrant status must be kept five years. The PHA will verify the eligibility of a family member at any time such eligibility is in question, without regard to the position of the family on the waiting list. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners or, Sept.2:1,2004 HOUSING AUTHORITY OF THE COUNTY OF (-2ONTRA COSTA 7-20 _. . Verification of Social Security Numbers Social security numbers must be provided as a condition of eligibility for all family members six and over if they have been issued a number. Verification of Social Security numbers will be done through a Social Security Card issued by the Social Security Administration. If a family member cannot produce a Social Security Card, only the documents listed below showing his/her Social Security Number may be used for verification. The family is also required to certify in writing that the document(s) submitted in lieu of the Social Security Card information provided is/are complete and accurate:. • A valid driver's license • identification card issued by a Federal, State or local agency • identification card issued by a medical insurance company or provider (including Medicare and Medicaid) • An identification card issued by an employer or trade union • An identification card issued by a medical insurance company • Earnings statements or payroll stubs • Bank Statements • IRS Form 1099 • Benefit award letters from government agencies • Retirement benefit letter • Life insurance policies • Court records (real estate, tax notices, marriage, divorce, judgment or bankruptcy records) • Verification of benefits or SSN from Social Security Administration New family members ages six and older will be required to produce their Social Security Card or provide the substitute documentation described above together with their certification that the substitute information provided is complete and accurate. This information is to be provided at the time the change in family composition is reported to the PHA. If an applicant or tenant is able to disclose the Social Security Number but cannot meet the documentation requirements, the applicant or tenant must sign a certification to that effect provided by the PHA. The applicant/tenant or family member will have an additional 60 days to provide proof of the Social Security Number. If they fail to provide this documentation, the family's tenancy will be terminated. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7_21 .................... .......-.11-...... ..................... ...... ............. In the case of an individual at least 62 years of age, the PHA may grant an extension for an additional 60 days up to a total of 120 days. If, at the end of this time, the elderly individual has not provided documentation, the family's tenancy will be terminated. If the family member states they have not been issued a number, the family member will be required to sign a certification to this effect. Medical Need for Larger Unit A written certification that a larger unit is necessary must be obtained from a reliable, knowledgeable professional. VERIFICATION OF SUITABILITY FOR ADMISSION Sources to be used to determine suitability include but are not limited to: Criminal History Reports Prior landlord references Physicians, social workers, and other health professionals Housing Authority of the County of Contra Costa and Other PHAs (to whom the family may owe debt) (See chapter on Eligibility.) Ability to meet financial obligations under the lease All applicants will be subject to the following procedures to ensure their ability to meet financial obligations under the lease: • All applicants will be interviewed and asked questions about the basic elements of tenancy. • The PHA will access a Credit Report on all applicants prior to selection. • The PHA will determine if applicants owe any monies from previous tenancy or participation in any HUD housing program. • The PHA will independently verify the rent-paying history of all applicants for the previous years directly with the landlord(s). Drug-related or violent criminal activity The PHA will complete a criminal background check of all applicants [including other adult members in the household], or any adult member for which criminal records are available, Housekeeping The PHA will obtain references from prior landlords for the previous number years to determine acceptable housekeeping standards. Admissions &Continued Occupancy Poticy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-22 --------------- • The PHA may conduct a home visit prior to admission. • Applicants will be required to attend pre-occupancy classes as a condition of admission. VERIFICATION OF WAITING LIST PREFERENCES 124 CFR 960.206] Local Preferences 1. Residency Preference: For families who live, work or have been hired to work in the jurisdiction of the PHA. In order to verify that an applicant is a resident, the PHA will require a minimum of three of the following documents: rent receipts, leases, utility bills, employer or agency records, school records, drivers licenses, voters registration records, credit reports, statement from household with whom the family is residing. 'Volunteer and unpaid positions are excluded. For families who have been hired to work in jurisdiction of the PWA, a statement from the employer will be required. 2. Veterans preference: This preference is available to current members of the U.S. Military Armed Forces, veterans, or surviving spouses of veterans. The PWA will require U.S. government documents which indicate that the applicant qualifies under the above definition. 3. Disability preference: This preference is extended to disabled persons or families with a disabled member as defined in this plan. Proof of disability will be required at time of selection. HUD regulations prohibit admission preference for specific types of disabilities. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 7-23 Chapter 8: TRANSFER POLICY INTRODUCTION The transferring of families is a very costly procedure, both to the PHA and to the families. However, it is the policy of the PHA to permit a resident to transfer within or between housing developments when it is to the family's advantage to do so; when it is necessary to comply with occupancy standards; or when it will help accomplish the Affirmative Housing goals of the PHA. The transfer policy will be carried out in a manner that does not violate fair housing. For purposes of this transfer policy the "losing development" refers to the unit from which the family is moving and the "gaining development" refers to the unit to which the family is transferring. GENERAL STATEMENT It is the policy of the PHA to require or permit resident transfers,>within andlor between PHA public housing developments for the following reasons: • To abate dangerous and/or substandard living conditions. • To abate emergency iife-threatening living conditions caused by third-party criminal activity; • To accommodate resident families that are determined to be over- or under- housed by virtue of their family size. A family may request and may be approved to transfer for valid and certifiable reasons such as enabling the family to: Live closer to a required medical treatment center; or The PHA will always consider a request to transfer as a reasonable accommodation for a person with a disability. ELIGIBILITY FOR TRANSFER In order to be determined eligible to receive a transfer, residents must submit the requested documentation to the PHA, to substantiate their request, and must be in good standing with the PHA. Families transferring to another development must have paid the security deposit in full at the losing development. Any move-out charges will be posted to the new unit. It will be up to the gaining development to collect the charges.. Transfers may be denied when the family is: Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COST A -1 • Delinquent in its rent; • in the process of reexamination to determine rent and eligibility; or • About to be asked to move for reasons other than non-payment of rent. • Not in good standing with the PHA due to rental history or a history of disturbances. • responsible for monetary damages to the unit. • maintaining unit in deplorable condition inclusive of damages caused by tenant(s) family member(s), guests, or invitees, and/or poor housekeeping contributing to health and safety violations. The PHA will not grant a transfer request solely to accommodate neighbors who Ilcannot get along." PRIORITY OF TRANSFERS The Transfer Waiting list will be maintained in rank order according to the following priorities: Emergency • Transfer will be within the housing development unless emergency transfer cannot be accomplished in this manner. • Emergency transfers are initiated by the PHA and/or written family request. Medical hardship and accessibility • Transfer will be within the housing development unless appropriate unit is not available to meet the family's needs within the development. • Medical hardship and accessibility transfers are initiated by the PHA and/or written family request. Underhoused (Overcrowded) • Executed when family's name reaches the top of transfer list and authorized unit available • Transfer will be within the housing development unless size and type of unit required does not exist within that development's inventory • Transfers are initiated by the PHA and/or written family request. Overhoused • Executed when family's name reaches top of transfer list and authorized unit available. • Transfer will be within the housing development unless the size and type of unit required does not exist within that development's inventory. • Transfers are initiated by the PHA and/or written family request. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 8-2 EMERGENCY TRANSFER The PHA will authorize an emergency transfer for a participant family if the following condition occurs: The resident's unit has been damaged by fire, flood or other causes to such a degree that the unit is not habitable, provided that, although the damage was a result of carelessness or negligence of the resident or a member of the resident's household, the resident has, in writing, accepted the responsibility for such damage and has agreed to make restitution to the PHA for the expense of repairing such damage up to a ceiling cost of$10,000. SPECIAL CIRCUMSTANCES TRANSFER The PHA will authorize transfers under special circumstances for a participant family if one of the following conditions occurs: • The resident's unit is being modernized or significantly remodeled. ■ In such cases the family may only be offered temporary relocation if allowed under Relocation Act provisions and may be allowed to return to their unit once rehabilitation is complete. • There is a reasonable fear of direct violence against the resident. Such transfer requests may include a fear of retaliation for witnessing an incident, or providing testimony or evidence in an eviction or criminal proceeding, or fear of being the victim of a hate crime. ■ The PHA will seek input from local law enforcement regarding all requests for transfers due to threat of violence. • Transfers due to threat of violence small have priority over other transfers except for emergency transfers. • The PHA has a need, at the discretion of the Director of Managed Housing' Programs to transfer the resident family to another unit and the resident voluntarily agrees to such transfer. Referrals from Public Housing Units Due to Demolition or Rehabilitation Referred families who meet the criteria below are immediately planed on the waiting list and receive a Priority 1 preference over other applicants. In order to participate in any Section 8 or other assisted housing program a referred family must meet all applicable program eligibility requirements. To accommodate residents of Public Housing units that are being demolished, rehabilitated, or replaced, the HACCC may issue tenant-based vouchers to accommodate displaces on either a short or a long term basis. Such residents need not meet the initial eligibility requirements for income in the Section 8 Program so lona as Admissions &Continued Occupancy Poticy Presented to the Board of Commissioners on Sept. 21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 8-B they meet the requirements for"continually assisted housing." [See Chapter, 13 Definition of"Continuously Assisted Family,"of this Administrative Plana HUD defines special Admissions as program funding targeted for families living in specified units. Housing Conversion Actions include preservation prepayment or voluntary termination actions, project-based opt-guts, HQS Enforcement Actions and HUD Property Disposition Actions. HUD identifies the following types of families as examples of special admissions. This list is not all-inclusive. HUD may define other families as special admissions as circumstances require: • Families displaced because of demolition or disposition of a public housing project; • Families residing in a multifamily rental housing project when HUD sells, forecloses or demolishes the project; • Housing covered by the Low Income Housing Preservation and Resident Homeownership Act of 1990 (12 USC 4101 et seq.); • A non-purchasing family residing in a project subject to a homeownership program; • A family residing in a project covered by a project-based Section 8 HAP Contract at or near the end of the HAP Contract term. MANDATORY TRANSFER • If there is a required change in the size of unit needed, it will be necessary for the resident to move to a unit of an appropriate size and a new lease will be executed. • If an appropriate unit is not available, the resident will be placed on a transfer list and moved to such unit when it does become available. • The PHA will place all families requiring a mandatory transfer due to occupancy standards on a transfer list, which will be reviewed for need-based transfers before any unit is offered to a family on the waiting list. • The family will be offered the next appropriately sized unit that becomes available after other such families already on the transfer list who are in need of the same size unit. If a family that is required to move refuses the offered unit, the PHA will evaluate the reason for the refusal and determine if it is one of good cause. If the PHA determines that there is no good cause, the PHA will begin lease termination proceedings. • The PHA will consider the living area for occupancy standards so that the family may avoid losing their assistance. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 8-4 ............ ........11............. ......I............. ............. ........ ............ • The PHA will offer the family an opportunity for an informal conference before terminating the family's lease. The family will have [10] working days from the issue date of the Notice to Terminate to request an informal conference. The Housing manager has the authority to suspend the mandatory transfer policy for an indefinite period of time should the resident request such time as to provide sufficient information to the PHA to support the family's position. NON-MANDATORY TRANSFERS • When a unit becomes available, and after the transfer list has been reviewed for families requiring a mandatory transfer based on occupancy standards, the transfer list will be reviewed for other families desiring a transfer. • If there is a participant family waiting for transfer to an available and appropriately sized unit , the participant family will be offered the unit. • If a family is on an inventory-wide transfer list and refuses an offered unit, they will be removed from the transfer list unless the PHA determines that the refusal was made for good cause. If so, the family will be allowed to remain in their unit and will remain on the transfer list until another unit is offered, MOVING COSTS The resident, except when the transfer is due to uninhabitability, through no fault of the resident, or when the transfer is due to the need of the PHA, will pay all moving costs related to the transfer. SECURITY DEPOSITS Security deposits will always be transferred from the losing development to the gaining development and the resident will be billed for any charges that occur as a result of the resident moving out of the apartment. The office of the gaining development is responsible for collecting any maintenance charges due the PHA. PROCESSING TRANSFERS The resident will be informed that once the family has leased up and been issued the keys, the family will be charged rent on both units until the keys from the old unit are turned in with the exception of one day at the rental rate of the old unit. Note, this is in case a change in income has occurred since the last reexamination. Losing Developments Transfers to other developments will be processed in the same manner as move-outs. The name of the transferred resident and the name of the development s/he transferred to, with other required information, will be reported as a transfer move-out on the Weekly Vacancy Report. Admissions &Continued Occupancy Poticy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA _ _ Gaining Developments Transfers from other developments will be processed in the same manner as move-ins, including a new lease. The name of the transferred resident and the name of the development s/he transferred from, with other required information, will be reported as a transfer move-in on the Weekly Vacancy Report. The transferred resident, between public housing projects, does not have to meet the admission eligibility requirements pertaining to income or preference. TRANSFER REQUEST PROCEDURE • Residents requesting transfer to another unit or development will be required to submit a written request for the transfer. • Residents applying for a transfer will be interviewed by the housing manager to determine the reason for the request and to determine whether a transfer is justified prior to submitting the request to the Assistant Director of Housing Operations for approval/disapproval. • If the interview reveals that there is a problem at the family's present site, the manager will address the problem and until solved to the manager's satisfaction, the request for transfer will be denied. • The approved request for transfer form will be kept in a file arranged in chronological order at the Central Waiting List Office by bedroom size. • Mandatory transfers due to occupancy standards will be maintained on the transfer list in a manner that allows the PHA to easily distinguish between those that are not mandatory. • If the request is approved, the family will be sent a letter stating that their name has been placed on the transfer list. • The resident will be informed of the security deposit procedures. • If the request is denied the family will be sent a letter stating the reason for denial, and offering the family an opportunity for an informal conference if they disagree with the decision. NOTE: A transfer will require good coordination and communication between the gaining and losing developments. RENT ADJUSTMENTS OF TRANSFERRED RESIDENTS • Residents who have had a change in income since the last reexamination will have their rent set at the applicable amount beginning with the first day of the new lease. • The PHA will notify the resident of the rent change by use of the Notice of Rent Adjustment Letter. Admissions &Continued Occupancy Policy Presented to the Beard of Commissioners on Sept.21,20074 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 8-6 .............. ....... ...... ............ ...... ..................... REEXAMINATION DATE • The date of the transfer does change the reexamination date. • The gaining development should be certain that the annual review is property scheduled to give the staff time to redetermine rent in order to meet the established reexamination date. • An interim examination, verifying income only, will be conducted at the time of lease up and the family will have a new reexamination date. • The losing development will send the family's file to the gaining development once they have been notified that the family has accepted the unit and before the family is leased up. To reduce vacancy time, the losing development may fax the required information to the gaining office, if requested, while the family's file is en route to the gaining development, Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept. 21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 8-7 ............... _ _. Chapter 9: LEASING [24 CFR 966.4] INTRODUCTION It is the PHA's policy that all units must be occupied pursuant to a dwelling lease agreement that complies with HUD's regulations [24 CFR Part 956]. This Chapter describes pre-leasing activities and the PHA's policies pertaining to lease execution, security deposits, other charges, and additions to the lease. LEASE ORIENTATION Upon execution of the lease, the Housing Manager will provide a lease orientation to the family head and/or co-head. The orientation may be conducted with more than one family_ • The family must attend a Public Housing briefing before taking occupancy of the unit. Orientafion Agenda When families attend the lease orientation, they will be provided with: • A copy of the Lease • A copy of the PHA's lease and grievance procedure • A copy of the House Rules Topics to be discussed will include, but are not limited to: • Applicable deposits and other charges • Provisions of the Lease • Family Choice of Rents • Orientation to the community • Unit maintenance and work orders • Explanation of occupancy forms • Terms of occupancy • Community Service (suspended 2/01/02 for FYR 2002) • List others: Pet Policy Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 9-1 ............. ........ ........ .................... ....... LEASE REQUIREMENTS The initial term of the lease will be for 12 months. The lease will renew automatically for 12-months terms except for non-compliance with the Community Service Requirement, as described in the chapter on community service. Because the lease automatically renews for terms of 12-months, an annual signing process is not required. EXECUTION OF LEASE The lease shall be executed by the head of household, spouse. , and all other adult members of the household, and by an authorized representative of the PHA, prior to admission. • The head of household is the person who assumes legal and financial responsibility for the household and is listed on the application as head. An appointment will be scheduled for the parties to execute the lease. One executed copy of the lease will be given to the tenant, and the PHA will retain one in the tenant's file. The lease is incorporated into this policy by reference. The lease document will reflect current PHA policies as well as applicable Federal, State and Local law. The following provisions govern lease execution and amendments: • A lease is executed at the time of admission for all new tenants. • A new lease is executed at the time of the transfer of a tenant from one PHA unit to another (with no change in reexamination date). • If, for any reason, any signer of the lease ceases to be a member of the household, the lease will be amended by drawing a line through the party's name and both parties will be required to initial and date the change. • Lease signers must be persons legally eligible to execute contracts. • The names and date of birth of all household members are listed on the lease at initial occupancy and on the Application for Continued Occupancy each subsequent year. Only those persons listed on the most recent certification shall be permitted to occupy a dwelling unit. • Changes to tenant rents are made upon the preparation and execution of a "Amendment Extension to Dwelling Lease" by the PHA, which becomes an attachment to the lease. Documentation will be included in the tenant file to support proper notice. • Households that include a Live-In Attendant are required to execute a "lease rider" addendum authorizing the arrangement and describing the status of the attendant. Households that include a Live-in Attendant will contain file documentation that the Live- In Attendant is not a party to the lease and is not entitled to PHA assistance, with the Admissions &Continued Occupancy Policy Presented to the Board, of Commissioners on Sept.2T, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 9-2 _. _ _ exception of occupancy while serving as the attendant for the participant family member. The PHA may modify its farm of lease from time to time, giving tenants an opportunity to comment on proposed changes and advance notice of the implementation of any changes. A tenant's refusal to accept permissible and reasonable lease modifications, or those modifications required by HUD, is grounds for termination of tenancy. ADDITIONS TO THE LEASE Requests for the addition of a new member of the household must be approved by the PHA, prior to the actual move-in by the proposed new member. Following receipt of a family's request for approval, the PHA will conduct a pre- admission screening, including the Criminal History Report, of the proposed new member. Only new members approved by the PHA will be added to the household. Factors determining household additions: 1. Household additions subject to screening: • Resident pians to marry; • Resident is awarded custody of a child over the age for which juvenile justice records are available; • Resident desires to add a new family member to the lease, employ a live-in aide, or take in a foster child(ren). • A unit is occupied by a remaining family member(s) under age 13 (not an emancipated minor) and an adult who was not a member of the original household requests permission to take over as the head of household. 2. Factors determining household additions that are not subject to screening: • Children born to a family member or whom a family member legally adapts are exempt from the pre-screening process. 3. Factors determining household additions that may be subject to screening, depending on PHA discretion: • The PHA may request that the public housing tenant provide the PHA with a signed consent form from the parent(s) or legal guardian allowing the PHA to check the juvenile records of the child. Sources to be checked may include any of the following: ■ School Records (attendance/behavior) • Juvenile Probation/Court Records Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 9-3 ............... ...............................-...... ...........................I..,...... ............. Police Records 4. In such cases where the addition of a new member who has not been born, married, or legally adopted into the family, and the addition will affect the bedroom size required by the family, according to the PHA occupancy standards, the PHA may not approve the addition. 5, The PHA will not approve adding a family consisting of more than one member to the lease. Such applicants will be encouraged to apply to the wafting list. 6. Residents who fail to notify the PHA of additions to the household, or who permit persons to join the household without undergoing screening, are in violation of the lease. Such persons are considered to be unauthorized occupants by the PHA, and the entire household will be subject to eviction [24 CFR 966.4(f)(2 and 3)]. 7. Family members age 18 and over who move from the dwelling unit to establish new households shall be removed from the lease. The tenant must notify the PHA of the move-out within 10 calendar days of its occurrence. • These individuals may not be readmitted to the unit and must apply as a new applicant for placement on the waiting list. • The PHA in making determinations under this paragraph will consider medical hardship or other extenuating circumstances. 8. The manager may authorize overnight visitors provided the visit does not exceed 14 consecutive days. • The family must request PHA approval prior to visitors arriving who will be in the unit in excess of 14 days in a year. • Visitors who remain beyond this period shall be considered trespassers, and their presence constitutes a breach of the lease. • If an individual other than a leaseholder is representing to an outside agency that they are residing in the lessee's unit, the person will be considered an unauthorized member of the household. 9. Roomers, and lodgers are not permitted to occupy a dwelling unit, nor are they permitted to move in with any family occupying a dwelling unit. • Residents are not permitted to allow a former tenant of the PHA who has been evicted to occupy the unit for any period of time. • Residents must advise the PHA when they will be absent from the unit for more than 30 days and provide a means for the PHA to contact the resident in the event of an emergency. Failure to advise the PHA of extended absences is grounds for termination of the lease. Admissions &Continued occupancy Policy Presented to the Board of Cornmiss toners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 9-4 ................................................ ................. _. .................... __. _ • Use of Residence; Visitors. Tenant shall use the premises solely as a private dwelling for Tenant and Tenant's household as identified above and shall not use or permit the use of the premises for any other purpose. Tenant shall not permit and shall prohibit anyone other than a Household Member from using the Residence as an address or as a "mail drop", and shall not permit and shall prohibit anyone from staying at the Residence for more than 14 days in any month or 45 days in any calendar year. LEASING UNITS WITH ACCESSIBLE OR ADAPTABLE FEATURES [24 CFR 8.27(a)(1)(2) and (b)] Before offering a vacant accessible unit to a non-disabled applicant, the PHA will offer such units: First, to a current occupant of another unit of the same development, or other public housing developments under the PHA"s control, who has a disability that requires the special features of the vacant unit. Second, to an eligible qualified applicant on the waiting list having a disability that requires the special features of the vacant unit. The PHA will require a non-disabled applicant to agree to move to an available non- accessible unit within 30 days when either a current resident or an applicant needs the features of the unit and there is another unit available for the applicant. This requirement will be a provision of the lease agreement. UTILITY SERVICES Tenants responsible for direct payment of utilities must abide by any and all regulations of the specific utility company, including regulations pertaining to advance payments of deposits. Failure to maintain utility services during tenancy is a lease violation and grounds for eviction. Non-payment of excess utility charge payments to the PHA is a violation of the lease and is grounds for eviction. SECURITY DEPOSITS Security Deposit New tenants must pay a security deposit to the PHA at the time of admission. The amount of the security deposit required is $200 or the greater of the Total Tenant Payment. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners or Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 9-S • The PHA may permit installment payments of security deposits when a new tenant demonstrates a financial hardship to the satisfaction of the PHA. However, no less than cine-third of the required deposit must be paid before occupancy. • The remainder of the deposit must be paid in (2) monthly installments not to exceed (90) days from Occupancy. • The PHA will hold the security deposit for the period the tenant occupies the unit. The PHA will refund to the Tenant the amount of the security deposit, less any amount needed to pay the cost of: Unpaid Rent; Damages listed on the Move-Out Inspection Report that exceed normal wear and tear; Other charges under the Lease. The PHA will refund the Security Deposit less any amounts owed, within 21 calendar days after move out and tenant's notification of new address. The PHA will provide the tenant or the person designated by the former tenant in the event of the former tenant's incapacitation or death with a written list of any charges against the security deposit, if the tenant disagrees with the amount charged to the security deposit, the PHA will provide a meeting to discuss the charges. The resident must leave the dwelling unit in a clean and undamaged (beyond normal wear and tear) condition and must furnish a forwarding address to the PHA. All keys to the unit must be returned to the Management upon vacating the unit. The PHA will not use the security deposit for payment of rent or ether charges while the tenant is living in the unit. • If the tenant transfers to another unit, the PHA will transfer the security deposit to the new unit. The tenant will be billed for any maintenance or other charges. Pet Deposit See chapter on pet policy. RENT PAYMENTS The tenant rent is due and payable at the PHA-designated location on the 1st of every month. If the 1 st falls on a weekend or holiday, the rent is due and payable on the first business day thereafter. If the PHA does not receive payment by the 5tt' day, a delinquent rent notice will be sent. Admissions &Continued Occupancy Poticy Presented to the Board of Commissioners on Sept.2!j 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 9-6 _....... _. • If the payment of rent and other charges due under the lease will be delayed beyond the first day of the month, the tenant must notify the Management no later than 5 business days before the payment is due. The notification must include an explanation of the circumstances that will delay the tenant's payment, and indicate the date on which full payment will be made. FES AND NONPAYMENT PENALTIES • If the tenant fails to make payment by the 5th day of the month, and the PHA has not agreed to accept payment at a later date, a 14-day notice will be issued to the tenant for failure to pay rent, demanding payment in full or the surrender of the premises. If the tenant fails to make payment by the 5th day of the month, a late fee of $10 will be charged. • Tenant will be liable for all bank charges incurred by the Housing Authority assessed against the tenant for checks which are returned for non-sufficient funds (NSF), or checks written on a closed account. • The PHA will always consider the rent unpaid when a check is returned as NSF or a check is written on a closed account. • If the PHA has not agreed to accept payment at a later date, a 14-day notice will be issued for failure to pay rent. • Any rent payment received will be applied to the oldest charges in the resident's account with the exception of debts currently under a payment agreement. SCHEDULES OF SPECIAL CHARGES Schedules of special charges for services, repairs, utilities and rules and regulations which are required to be incorporated into the lease by reference shall be publicly posted in a conspicuous manner in the project office, and they will be provided to applicants and tenants upon request. MODIFICATIONS TO THE LEASE Schedules of special charges and rules and regulations are subject to mortification or revision. Residents and resident organizations will be provided at least thirty days written notice of the reason(s) for any proposed modifications or revisions, and they will be given an opportunity to present written comments. Comments will be taken into consideration before any proposed modifications or revisions become effective. A copy of such notice shall be posted in the central office, and • Mailed or hand delivered to the dwelling unit. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COST A 9-7 • Pasted in at least two conspicuous places within each structure or building in which tenants affected by the modifications or revisions are located. After the proposed changes have been incorporated into the lease and approved by the Board, each family will be notified of the effective date of the new lease. ,Any modifications of the lease must be accomplished by a written addendum to the lease and signed by both parties. CANCELLATION OF THE LEASE Cancellation of the tenant's lease is to be in accordance with the provisions contained in the lease agreement and as stated in this policy. INSPECTIONS OF PUBLIC HOUSING UNITS Initial Inspections The PHA and the family will inspect the premises prior to occupancy of the unit in order to determine the condition of the unit and equipment in the unit. A copy of the initial inspection, signed by the PHA and the tenant, will be kept in the tenant file. Any adult member may sign the inspection form for the head of household. Vacate Inspections The PHA Inspection Department will access the Vacate Report prepared by housing management staff and will perform a move-out inspection when the family vacates the unit, and will encourage the family to participate in the move-out inspection. The purpose of this inspection is to determine necessary maintenance and whether there are damages that exceed normal wear and tear. The PHA will determine if there are tenant caused damages to the unit. Tenant caused damages may affect part or all of the family's security deposit, The move-out inspection also assists the PHA in determining the time and extent of the preparation and repairs necessary to make the unit ready for the next tenant. The resident is encouraged to participate in the move-out inspection. Annual Inspections The PHA will inspect all units annually using HUD's Uniform Physical Condition Standards (UPCS) as a guideline. The unit will be considered to have failed HUD's Uniform Physical Condition Standards if there are any life-threatening Health and Safety deficiencies or if: • There is one or more non-life-threatening Health and Safety deficiencies. Admissions &Continued OLcupancy Policy! Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 9-8 _. _. _.... • There are two or more Level 2 (major) deficiencies. • There are six or more Level 1 (minor) deficiencies. • If a unit fails inspection due to housekeeping or tenant-caused damages, the resident will be given 10 days to correct noted items, after which a follow-up inspection will be conducted. • Residents will be issued a copy of the inspection report with required corrections. • If necessary to bring the unit into UPCS compliance, needed repairs will be completed by the PHA. • All inspections will include a check of all smoke alarms to ensure proper working order. • Inspection report will indicate whether required corrections are to be charged to the resident or covered by the PHA. • Damages beyond "normal wear and tear" will be billed to the tenant. • Residents who repeatedly "fail" the inspection or cause excessive damage to the unit may be in violation of their lease. • Residents who are in violation of their lease due to repeated failed inspection will be scheduled for a lease violation conference. Quality Control Inspections The housing manager will conduct periodic quality control inspections to determine the condition of the unit and to identify problems or issues in which the PHA can be of service to the family. The housing manager will conduct quality control inspections on 5% of units. • in which housing manager requested an inspection • where repairs were made to vacant units generated by move-out inspections The purpose of these quality control inspections is to assure that repairs were completed at an acceptable level of craftsmanship and within an acceptable time frame. The housing manager will conduct periodic inspections to determine the condition of the unit and to identify problems or issues in which the PHA can be of service to the family. Special Inspections Housing management staff may request the staff to conduct a special inspection for housekeeping, unit condition, or suspected lease violation. Admissions 6, Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 9-9 HUD representatives or local government officials may review PHA operations periodically and as a part of their monitoring may inspect a sampling of the PHA's inventory. Other inspections The PHA management/staff will periodically conduct windshield and/or walk-through inspections to determine whether there may be lease violations, adverse conditions or local code violations. Building exterior and grounds inspections are conducted at all Public Housing properties to determine hazardous conditions as well as to assist in budget preparation. Emergency inspections The PHA management/staff, may initiate an emergency inspection report to generate a work order if they believe that an emergency exists in the unit or on a Public Housing site. In addition, the inspector may conduct an emergency inspection without a work order and generate a work order after the inspection has been conducted (seeEntry of Premises Notice in this chapter.)Abatement of the emergency(s) shall be completed within 24 hours from the time the work order is issued. Emergency Abatement to be Completed in Less than 24 Hours The following items are to be considered emergency in nature and require immediate (less than 24 hour) response: • Broken lock which affects unit security • Broken window glass which affects unit security; is a cutting hazard, or occurs within inclement weather(to be secured or abated) • Escaping gas • Plumbing leaks that can cause flooding or damage to the unit • Natural gas leaks or smell of fumes • Backed-up sewage • Electrical hazard • Inoperable smoke detectors will be treated as a 24-hour emergency and will be made operable by the PHA if the smoke detector is in need of repair. Residents who disengage smoke detectors for convenience purposes will be cited. (See "Housekeeping Citations" in this chapter.) Entry of Premises Notices The PHA will give prior written notice for non-emergency inspections. Non-emergency entries to the unit will be made during reasonable hours of the day. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 9-10 ................. _.... • The PHA will provide the family with 48 hour notice prior to entering the unit for non- emergency reasons other than the annual inspection. • An adult family member must be present in the unit during the inspection however in the absence of an adult two staff will enter the unit. • If no person is at home, the inspector, staff will enter the unit and conduct the inspection. • If no one is in the unit, the person(s) who enters the unit will leave a written notice to the resident explaining the reason the unit was entered and the date and time. • A written notice specifying the purpose for non-emergency entry into the unit will be delivered to the premises at least 48 hours before entry. • Where the PHA is conducting regular annual examinations of its housing units, the family will receive at least 10 days notice of the inspection to allow the family to prepare and be able to pass the inspection. • Reasons the PHA will enter the unit are: ■ Inspections and maintenance ■ To make improvements and repairs • To show the premises for leasing ■ In cases of emergency The family must call the PHA at least 48 hours prior to the scheduled date of inspection to reschedule the inspection, if necessary. The PHA will reschedule the inspection no more than once unless the resident has a verifiable medical reason that has hindered the inspection. The PHA may request verification. Nan-Inspection Emergency Entry The PHA staff will allow access to the unit to proper authorities when issues of health or safety of the tenant are concerned. Family Responsibility to Allow Inspection • The PHA must be allowed to inspect the unit at reasonable times with reasonable notice. 48 hour written notice will be considered reasonable in all cases. • The resident is notified of the inspection appointment by mail. The family must call the PHA at least 48 hours before the inspection date to reschedule the inspection, if necessary. • The PHA will reschedule the inspection no more than once unless the resident has a verifiable medical reason that has hindered the inspection. The PHA may request verification. Adrnissions &Continued Occupancy Policy Presented to the Board o-�Cornrnissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY O` CONTRA COSTA 9-11. + If the resident refuses to allow the inspection, the resident will be in violation of the lease and the PHA will notify the family of its intended action or schedule a lease violation conference for the family. Housekeeping Citations • Residents who "fail" an inspection due to housekeeping will be issued a Housekeeping Citation, and a re-inspection will be conducted within 10 working days by housing management staff. • if the family fails to comply with the re-inspection it can result in lease termination. • Citations will be issued to residents who purposely and for convenience disengage the unit's smoke detector. • Repeated citations will be considered a violation of the lease. Tenant Damages • Repeated failed inspections or damages to the unit beyond normal wear and tear may constitute serious or repeated lease violations. "Beyond normal wear and tear" is defined as items that could be charged against the tenant's security deposit under state law or court practice. Admissions &Continued Occupancy Po`icy Presented to the Burd of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 9-12 Chapter 10. PET POLICY — ELDERLY/DISABLED PROJECTS [24 CFR Part 5, Subpart C] INTRODUCTION PHAs have discretion to decide whether or not to develop policies pertaining to the keeping of pets in public housing units. This Chapter explains the PHA"s policies on the keeping of pets and any criteria or standards pertaining to the policy for elderly/disabled projects. The rules adopted are reasonably related to the legitimate interest of this PHA to provide a decent, safe and sanitary living environment for all tenants, to protecting and preserving the physical condition of the property, and the financial interest of the PHA. The purpose of this policy is to establish the PHA`s policy and procedures for ownership of pets in elderly and disabled units and to ensure that no applicant or resident is discriminated against regarding admission or continued occupancy because of ownership of pets. It also establishes reasonable rules governing the keeping of common household pets. • The PHA chooses not to publish rules governing the keeping of common household pets. Residents will comply with the dwelling lease, which requires that no animals or pets of any kind are permitted on the premises without prior written approval of the PHA. This does not apply to animals that are used to assist persons with disabilities. • Nothing in this policy or the dwelling lease limits or impairs the right of persons with disabilities to own animals that are used to assist them. ANIMALS THAT ASSIST PERSONS WITH DISABILITIES Pet rules will not be applied to animals that assist persons with disabilities. To be excluded from the pet policy, the resident/pet owner must certify: • That there is a person with disabilities in the household; • That the animal has been trained to assist with the specified disability. MANAGEMENT APPROVAL OF PETS All pets must be approved in advance by the PHA management. The pet owner must submit and enter into a Pet Agreement with the PHA. Registration of Pets Pets must be registered with the PHA before they are brought onto the premises. Registration includes certificate signed by a licensed veterinarian or State/local authority that the pet has received all inoculations required by State or local law, and that the pet has no communicable disease(s) and is pest-free. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004- HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 10-1 Residents must submit a fully completed Authorization (or Pet Ownership form before the PHA will review and approve or disapprove the request to have a pet. • Registration must be renewed and will be coordinated with the annual recertification date and proof of license and inoculation will be submitted at least 30 days prior to annual reexamination. • Dogs and cats must be spayed or neutered. • Execution of a Pet Agreement with the PHA stating that the tenant acknowledges complete responsibility for the care and cleaning of the pet will be required. • Registration must be renewed and will be coordinated with the annual recertification date. • Approval for the keeping of a pet shall not be extended pending the completion of these requirements. Refusal to Register Pets The PHA may not refuse to register a pet based on the determination that the pet owner is financially unable to care for the pet. If the PHA refuses to register a pet, a written notification will be sent to the pet owner stating the reason for denial and shall be served in accordance with HUD Notice requirements. The PHA will refuse to register a pet if: The pet is not a common household pet as defined in this policy; • Keeping the pet would violate any House Pet Rules; • The pet owner fails to provide complete pet registration information, or fails to update the registration annually; • The PHA reasonably determines that the pet owner is unable to keep the pet in compliance with the pet rules and other lease obligations. The pet's temperament and behavior may be considered as a factor in determining the pet owner's ability to comply with provisions of the lease. The notice of refusal may be combined with a notice of a pet violation. A resident who cares for another resident's pet must notify the PHA and agree to abide by all of the pet rules in writing, STANDARDS FOR PETS Pet rules will not be applied to animals that assist persons with disabilities. Admissions B.ContinLAed Occupancy Poticy Presented to the Board o-�Commissioners or, Sept.21,2004 HOuISING AUTHORITY OF THE COUNTY OF COCA 7RA COSTA 10-2 Persons with disabilities The residentlpet owner will be required to qualify animals (for exclusion from the pet policy) that assist persons with disabilities. To be excluded from the pet policy, the resident/pet owner must certify: • That there is a person with disabilities in the household; • That the animal has been trained to assist with the specified disability; and • That the animal actually assists the person with the disability. Types of Pets Allowed No types of pets other than the following may be kept by a resident. Tenants are not permitted to have more than one type of pet. 1. Dogs • Maximum number: 1 • Maximum adult weight: 25 pounds • Must be housebroken • Must be spayed or neutered • Must have all required inoculations • Must be licensed as specified now or in the future by State law and local ordinance 2. Cats • Maximum number: 2 • Must be spayed or neutered • Must have all required inoculations • Must be trained to use a litter box or other waste receptacle • Must be licensed as specified now or in the future by State law or focal ordinance 3. Birds • Maximum number: 2 • Must be enclosed in a cage at all times Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,20014 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 10-3 ........... 4. Fish • Maximum aquarium size: 25 gallons • Must be maintained on an approved stand PETS TEMPORARILY ON THE PREMISES • Pets that are not owned by a tenant will not be allowed. • Residents are prohibited from feeding or harboring stray animals, • This rule excludes visiting pet programs sponsored by a humane society or other non-profit organization and approved by the PHA. • State or local laws governing pets temporarily in dwelling accommodations shall prevail. DESIGNATION OF PET/NO-PET AREAS The following areas are designated no-pet areas: With the exception of assistive animals, no pets shall be allowed in the community room, community room kitchen, laundry rooms, public bathrooms, lobby, hallways, or offices of any of the Housing Authority properties. ADDITIONAL FEES AND DEPOSITS FOR PETS • Tenants with animals must pay a pet deposit. • The resident/pet owner shall be required to pay a refundable deposit for the purpose of defraying all reasonable costs directly attributable to the presence of a dog or cat. • An initial payment of$50 on or prior to the date the pet is properly registered and brought into the apartment, and; • The PHA reserves the right to change or increase the required deposit by amendment to these rules, • The PHA will refund the Pet Deposit to the tenant, less any damage caused by the pet to the dwelling unit, upon removal of the pet or the owner from the unit, • The PHA will return the Pet Deposit to the former tenant or to the person designated by the former tenant in the event of the former tenant's incapacitation or death, • The PHA will provide the tenant or designee identified above with a written list of any charges against the pet deposit. If the tenant disagrees with the amount charged to the pet deposit, the PHA will provide a meeting to discuss the charges, • All reasonable expenses incurred by the PHA as a result of damages directly attributable to the presence of the pet in the project will be the responsibility of the resident, including: Admissions &Continued occupancy Poticy Presented to the Board of Commissioners on Sept.21,2004 or HOUSING AUTHORITY oTHE COUNTY Or CONTRA COSTA 10-4 --------------------- ........................ ...... . .. .. ..................... .. ........... ...... • The cost of repairs and replacements to the resident's dwelling unit; • Fumigation of the dwelling unit; Common areas of the project. • Pet Deposits are not a part of rent payable by the resident. ALTERATION'S TO UNIT Residents/pet owners shall not alter their unit, patio, premises or common areas to create an enclosure for any animal. Installation of pet doors is prohibited. PET WASTE REMOVAL CHARGE • A separate pet waste removal charge of per occurrence will be assessed against the resident for violations of the pet policy. • Pet deposit and pet waste removal charges are not part of rent payable by the resident. • All reasonable expenses incurred by the PHA as the result of damages directly attributable to the presence of the pet will be the responsibility of the resident, including: ■ The cost of repairs and replacements to the dwelling unit; ■ f=umigation of the dwelling unit. • If the tenant is in occupancy when such costs occur, the tenant shall be billed for such costs as a current charge. • If such expenses occur as the result of a move-out inspection, they will be deducted from the pet deposit. The resident will be billed for any amount that exceeds the pet deposit. • The pet deposit will be refunded when the resident moves out or no longer has a pet on the premises, whichever occurs first. • The expense of flea deinfestation shall be the responsibility of the resident. PET AREA RESTRICTIONS • Pets must be maintained within the resident's unit. When outside of the unit (within the building or.on the grounds) dogs and cats must be kept on a leash no more than 6 feet in length or carried and under the control of the resident or other responsible individual at all times. • Residents/Pet Owners are not permitted to exercise pets or permit pets to deposit waste on project premises Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 10-5 NOISE Pet owners must agree to control the noise of pets so that such noise does not constitute a nuisance to other residents or interrupt their peaceful enjoyment of their housing unit or premises. This includes, but is not limited to loud or continuous barking, howling, whining, biting, scratching, chirping, or other such activities. CLEANLINESS REQUIREMENTS Litter Bax Requirements All animal waste or the litter from litter boxes shall be picked up immediately by the pet owner, disposed of in sealed plastic trash bags, and placed in a trash bin. • Litter shall not be disposed of by being flushed through a toilet. • Litter boxes shall be stored inside the resident's dwelling unit. Removal of Waste from tither Locations The Resident/Pet Owner shall be responsible for the removal of waste by placing it in a sealed plastic bag and disposing of it in an outside trash bin. • Any unit occupied by a dog or cat, will be fumigated at the time the unit is vacated. • The resident/pet owner shall take adequate precautions to eliminate any pet odors within or around the unit and to maintain the unit in a sanitary condition at all times. PET CARE • No pet (excluding fish) shall be left unattended in any apartment for a period in excess of 24 hours. • All residents/pet owners shall be responsible for adequate care, nutrition, exercise and medical attention for his/her pet. • Residents/pet owners must recognize that other residents may have chemical sensitivities or allergies related to pets, or may be easily frightened or disoriented by animals. Pet owners must agree to exercise courtesy with respect to other residents. RESPONSIBLE PARTIES The resident/pet owner will be required to designate two responsible parties for the care of the pet if the health or safety of the pet is threatened by the death or incapacity of the pet owner, or by other factors that render the pet owner unable to care for the pet, INSPECTIONS • The PHA may, after reasonable notice to the tenant during reasonable hours, enter and inspect the premises, in addition to other inspections allowed. ,Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.22,2004 HOUSING AUTHORITY OF THE COUNTY OP CONTRA COSTA 10-6 • The PHA may enter and inspect the unit only if a written complaint is received alleging that the conduct or condition of the pet in the unit constitutes a nuisance or threat to the health or safety of the other occupants or other persons in the community under applicable State or local law. PET POLICY VIOLATION NOTICE If a determination is made on objective facts supported by written statements, that a resident/pet owner has violated the Pet Policy, written notice will be served. The Notice will contain a brief statement of the factual basis for the determination and the section of the Pet Policy that were violated. The notice will also state: • That the resident/pet owner has 10 days from the effective date of the service of notice to correct the violation or make written request for a meeting to discuss the violation; • That the resident pet owner is entitled to be accompanied by another person of his or her choice at the meeting; and • That the resident/pet owner's failure to correct the violation, request a meeting, or appear at a requested meeting may result in initiation of procedures to terminate the pet owner's tenancy. If the pet owner requests a meeting within the 10 day period, the meeting will be scheduled no later than 5 calendar days before the effective date of service of the notice, unless the pet owner agrees to a later date in writing. NOTICE FOR PET REMOVAL If the resident/pet owner and the PHA are unable to resolve the violation at the meeting or the pet owner fails to correct the violation in the time period allotted by the PHA; the PHA may serve notice to remove the pet. The Notice shall contain: • A brief statement of the factual basis for the PHA's determination of the section of the Pet Policy that has been violated; • The requirement that the resident /pet owner must remove the pet within 30 days of the notice; and • A statement that failure to remove the pet may result in the initiation of termination of tenancy procedures. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 10-7 TERMINATION OF TENANCY The PHA may initiate procedures for termination of tenancy based on a violation of the Pet Policy if: • The pet owner has failed to remove the pet or correct the violation of the Pet Policy within the time period specified; and • The Pet Policy violation is sufficient to begin procedures to terminate tenancy under terms of the lease. PET REMOVAL. If the death or incapacity of the pet owner threatens the health or safety of the pet, or other factors occur that render the owner unable to care for the pet, the situation will be reported to the Responsible Party designated by the resident/pet owner. Includes pets who are poorly cared for or have been left unattended for over 24 hours. If the responsible party is unwilling or unable to care for the pet, or if the PHA after reasonable efforts cannot contact the responsible party, the PHA may contact the appropriate State or local agency and request the removal of the pet. • If the pet is removed as a result of any aggressive act on the part of the pet, the pet will not be allowed back on the premises. EMERGENCIES The PHA will take all necessary steps to insure that pets that become vicious, display symptoms of severe illness, or demonstrate behavior that constitutes an immediate threat to the health or safety of others, are referred to the appropriate State or local entity authorized to remove such animals. • If it is necessary for the PHA to place the pet in a shelter facility, the cast will be the responsibility of the tenant/pet owner. Adrnissions 6,Continued Occupancy Policy Presented to the Board of Commissioners on Sept,21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 10-8 Chapter 11 : PET POLICY — GENERAL OCCUPANCY (FAMILY) PROJECTS [24 CFR Part 960, Subpart G] INTRODUCTION This Chapter explains the PHA's policies on the keeping of pets in general occupancy projects and any criteria or standards pertaining to the policy. The rules adopted are reasonably related to the legitimate interest of this PHA to provide a decent, safe and sanitary living environment for all tenants, to protecting and preserving the physical condition of the property, and the financial interest of the PHA. The purpose of this policy is to establish the PHA's policy and procedures for ownership of pets in general occupancy (family) projects and to ensure that no applicant or resident is discriminated against regarding admission or continued occupancy because of ownership of pets. It also establishes reasonable rules governing the keeping of common household pets. This policy does not apply to animals that are used to assist, support or provide service to persons with disabilities, or to service animals that visit public housing developments. ANIMALS THAT ASSIST, SUPPORT OR PROVIDE SERVICE TO PERSONS WITH DISABILITIES The resident/pet owner will be required to qualify animals (for exclusion from the pet policy) that assist, support or provide service to persons with disabilities. Pet rules will not be applied to animals that assist, support or provide service to persons with disabilities. This exclusion applies to both service animals and companion animals as reasonable accommodation for persons with disabilities. This exclusion applies to such animals that reside in public housing and that visit these developments. STANDARDS FOR PETS Types of Pets Allowed No types of pets other than the following may be kept by a resident. The following types and qualifications are consistent with applicable State and local law. 1. Dogs • Maximum number: 1 • Maximum adult weight: 25 pounds • Must be spayed or neutered • Must have all required inoculations Admissions & Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21.; 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA �1-7 • Must be licensed as specified now or in the future by State law and local ordinance • Any litter resulting from the pet must be removed immediately from the unit 2. Cats • Maximum number: 2 • Must be spayed or neutered • Must have all required inoculations • Must be trained to use a litter box or other waste receptacle • Must be licensed as specified now or in the future by State law or local ordinance • Any litter resulting from the pet must be removed from the unit immediately 3. Birds • Maximum number: 2 • Must be enclosed in a cage at all times 4. Fish • Maximum aquarium size: 25 gallons • Must be maintained on an approved stand The following are NOT considered "common household pets": • Domesticated dogs that exceed 25 pounds. (Animals certified to assist persons with disabilities are exempt from this weight limitation). • Vicious or intimidating pets. Dog breeds including pit bull/rottwiler/chow/boxerl Doberman/Dalmatian/German shepherd and any attack dogs are considered vicious or intimidating breeds and are not allowed. • Animals who would be allowed to produce offspring for sale. • Wild, feral, or any other animals that are not amenable to routine human handling. • Any poisonous animals of any kind. • Fish in aquariums exceeding 25 gallons in capacity. • Non-human primates. Admissions & Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 11-2 • Animals whose climatological needs cannot be met in the unaltered environment of the individual dwelling unit. • Pot-bellied pigs. • Ferrets or other animals whose natural protective mechanisms pose a risk of serious bites and/or lacerations to small children. • Hedgehogs or other animals whose protective instincts and natural body armor produce a risk of serious puncture injuries to children. • Chicks, turtles, or other animals that pose a significant risk of salmonella infection to those who handle them. • Pigeons, doves, mynahs, psittacines, and birds of other species that are hosts to the organisms that cause psittacosis in humans. • Snakes or other kinds of reptiles. REGISTRATION OF PET'S • Pets must be registered with the PHA before they are brought onto the premises. • Residents must submit a fully completed Authorization for Pet Ownership form before the Housing Authority will review and approve or disapprove the request to have a pet. • Registration includes certificate signed by a licensed veterinarian or State/focal authority that the pet: ■ has received all inoculations required by State or local law ■ has no communicable disease(s) (and) ■ is pest-free. • Registration must be renewed and will be coordinated with the annual reexamination date. ■ Proof of license and inoculation will be submitted at least 30 days prior to annual reexamination. Each pet owner must provide two color photographs of their pet(s). • Approval for the keeping of a pet shall not be extended pending the completion of these requirements. Refusal to Register Pets If the PHA refuses to register a pet, a written notification will be sent to the pet owner stating the reason for denial. The notification will be served in accordance with HUD notice requirements. The PHA will refuse to register a pet if: Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 11-3 • The pet is not a "common household pet" as defined in this policy; • The pet owner fails to provide complete pet registration information; • The pet owner fails to update the registration annually; • The PHA reasonably determines that the pet owner is unable to keep the pet in compliance with the Pet Policy and other lease obligations. The pet's temperament and behavior may be considered as a factor in determining the pet owner's ability to comply with the provisions of the lease. • The notice of refusal may be combined with a notice of pet violation. AUTHORIZATION FOR PET OWNERSHIP FORM The Resident will certify, by signing the Authorization Pet Ownership form that the Resident will adhere to the following rules: • Agree that the resident is responsible and liable for all damages caused by their pet(s). • All complaints of cruelty and all dog bites will be referred to animal control or applicable agency for investigation and enforcement. • All common household pets are to be fed inside the apartment, Feeding is not allowed on porches, sidewalks, patios or other outside areas. • No animals may be tethered or chained outside or inside the dwelling unit. • When outside the dwelling unit, all pets must be on a leash no more than 6 feet in length or in an animal transport enclosure and under the control of a responsible individual. • All fecal matter deposited by the pet(s) must be promptly and completely removed from any common area. Failure to do so will result in a Pet Waste Removal charge. All animal waste or the litter from litter boxes shall be picked up immediately by the pet owner, disposed of in sealed plastic trash bags, and placed in a trash bit. Litter shall not be disposed of by being flushed through a toilet. • Litter boxes shall be stored inside the resident's dwelling unit or in animal enclosures maintained within dwelling units AND must be removed and/or replaced regularly. Failure to do so will result in a Pet Waste Removal charge. • The Resident/Pet Owner shall be responsible for the removal of waste from any area by placing it in a sealed plastic bag and disposing of it in an outside trash bin immediately. • Pet owners must take precautions to eliminate pet odors. • Mandatory implementation of effective flea control by measures that produce no toxic hazard to children who may come into contact with treated animals. Admissions &Continued Occupancy Po€icy Presented to the Board of Commissioners on Sept.TL;2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 11-4 • The right of management to enter dwelling unit when there is evidence that an animal left alone is in danger or distress, or is creating a nuisance. • The right of management to seek impoundment and sheltering of any animal found to be maintained in violation of housing rules, pending resolution of any dispute regarding such violation, at owner's expense. The resident shall be responsible for any impoundment fees, and the PHA accepts no responsibility for pets so removed. • That failure to abide by any animal-related requirement or restriction constitutes a violation of the "Resident Obligations" in the resident's Lease Agreement. • Residents will prevent disturbances by their pets that interfere with the quiet enjoyment of the premises of other residents in their units or in common areas. This includes, but is not limited to, loud or continuous barking, howling, whining, biting, scratching, chirping, or other such activities. • Residents/pet owners shall not alter their unit, patio, premises or common areas to create an enclosure for any animal, installation of pet doors is prohibited. DESIGNATION OF PET-FREE AREAS The following areas are designated as no-pet areas: • PHA management offices • PHA community centers • PHA recreation center areas PETS TEMPORARILY ON THE PREMISES • Excluded from the premises are all animals and/or pets not owned by residents, except for service animals. • Residents are prohibited from feeding or harboring stray animals. • This rule excludes visiting pet programs sponsored by a humane society or other non-profit organization and approved by the PHA. • State or local laws governing pets temporarily in dwelling accommodations shall prevail. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 11-5 DEPOSITS FOR NETS • Tenants with animals must pay a pet deposit of$150 for the purpose of defraying all reasonable costs directly attributable to the presence of a particular pet. ■ The resident will be responsible for all reasonable expenses directly related to the presence of the animal or pet on the premises, including the cost of repairs and replacement in the apartment, and the cost of animal care facilities if needed. ■ These charges are due and payable within 30 days of written notification. • An initial payment of$50 on or prior to the date the PHA and Resident enter into a Pet Agreement, and; • Two Monthly payments will be paid in an amount not less than $50 per month until the specified deposit has been paid. • The PHA reserves the right to change or increase the required deposit by amendment to these rules. • The PHA will refund the Pet Deposit to the tenant, less any damage caused by the pet to the dwelling unit, within a reasonable time after the tenant moves or upon removal of the pet from the unit. • The PHA will return the Pet Deposit to the former tenant or to the person designated by the former tenant in the event of the former tenant's incapacitation or death. • The PHA will provide the tenant or designee identified above with a written list of any charges against the pet deposit. If the tenant disagrees with the amount charged to the pet deposit; the PHA will provide a meeting to discuss the charges. • All reasonable expenses incurred by the PHA as a result of damages directly attributable to the presence of the pet in the project will be the responsibility of the resident, including, but not limited to: ■ The cost of repairs and replacements to the resident's dwelling unit; • Fumigation of the dwelling unit; • Common areas of the project if applicable • The expense of flea deinfestation shall be the responsibility of the resident. • if the tenant is in occupancy when such costs occur, the tenant shall be billed for such costs as a current charge. • if such expenses occur as the result of a move-out inspection, they will be deducted from the pet deposit. The resident will be billed for any amount that exceeds the pet deposit. Pet Deposits are not a part of rent payable by the resident. Admissions &Conlinued Occupancy Policy Presented to the Beard of Commissioners on Sep .21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 11-6 ADDITIONAL PET PEES • The PHA will charge a non-refundable nominal fee of$900 for each household with a pet. • This fee will be used at the time of move-out to cover the cost of spraying the vacated unit for any pet related insect infestation. • The PHA reserves the right to change or increase the required deposit by amendment to these rules. PET WASTE REMOVAL CHARGE A separate pet waste removal charge per occurrence will be assessed against the resident for violations of the pet policy. Pet waste removal charges are not part of rent payable by the resident. PET AREA RESTRICTIONS • Pets must be maintained within the resident's unit. When outside of the unit (within the building or on the grounds) dogs and cats must be kept on a leash no more than 6 feet in length or carried and under the control of the resident or other responsible individual at all times. • A common household pet must be effectively restrained and under the control of a responsible person when passing through a common area, from the street to the apartment, etc. • Pets are not permitted in common areas including lobbies, community rooms and laundry areas except for those common areas which are entrances to and exits from the building. • Residents/Pet Owners are not permitted to exercise pets or permit pets to deposit waste on project premises. CLEANLINESS REQUIREMENTS Litter Box Requirements All animal waste or the litter from litter boxes shall be picked up/emptied daily by the pet owner, disposed of in heavy, sealed plastic trash bags, and placed in a trash container immediately. • Litter shall not be disposed of by being flushed through a toilet. • Litter boxes shall be stored inside the resident's dwelling unit. PET CARE • No pet (excluding fish) shall be left unattended in any apartment for a period in excess of 24 hours. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.2i,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 11-3 • All residents/pet owners shall be responsible for adequate care, nutrition, exercise and medical attention for his/her pet. • Residents/pet owners must recognize that other residents may have chemical sensitivities or allergies related to pets, or may be easily frightened or disoriented by animals. Pet owners must agree to exercise courtesy with respect to other residents. RESPONSIBLE PARTIES (EMERGENCY CAREGIVER) The resident/pet owner will be required to designate one responsible party for the care of the pet if the health or safety of the pet is threatened by the death or incapacity of the pet owner, or by other factors that render the pet owner unable to care for the pet. INSPECTIONS The PHA may, after reasonable notice to the tenant during reasonable hours, enter and inspect the premises, in addition to other inspections allowed. The PHA may enter and inspect the unit only if a written complaint is received alleging that the conduct or condition of the pet in the unit is a violation, or constitutes a nuisance or threat to the health or safety of the other occupants or other persons in the community under applicable State or local law. PET POLICY VIOLATION NOTICE The authorization for a common household pet may be revoked at any time subject to the Housing Authority's grievance procedure if the pet becomes destructive or a nuisance to others, or if the tenant fails to comply with this policy. Residents who violate these rules are subject to: • Mandatory removal of the pet from the premises within 30 days of notice by the Housing Authority; or if for a threat to health and safety, removal within 24 hours of notice. • Lease termination proceedings. If a determination is made on objective facts supported by written statements, that a resident/pet owner has violated the Pet Policy, written notice will be served. The Notice will contain a brief statement of the factual basis for the determination and the pet ruie(s) that were violated. The notice will also state: • That the resident/pet owner has 10 days from the effective date of the service of notice to correct the violation or make written request for a meeting to discuss the violation; Admissions &Continued Occi!pancy Po(icy Presented to the Board of Commissioners on Sept.Zi,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 11-$ • That the resident pet owner is entitled to be accompanied by another person of his or her choice at the meeting; and • That the resident/pet owner's failure to correct the violation, request a meeting, or appear at a requested meeting may result in initiation of procedures to terminate the pet owner's tenancy. If the pet owner requests a meeting within the 10 day period, the meeting will be scheduled no later than 5 calendar days before the effective date of service of the notice, unless the pet owner agrees to a later date in writing. NOTICE FOR PET REMOVAL If the resident/pet owner and the PHA are unable to resolve the violation at the meeting or the pet owner fails to correct the violation in the time period allotted by the PHA, the PHA may serve notice to remove the pet. The Notice shall contain: • A brief statement of the factual basis for the PHA's determination of the Pet Rule that has been violated; • The requirement that the resident/ pet owner must remove the pet within 30 days of the notice; and • A statement that failure to remove the pet may result in the initiation of termination of tenancy procedures. TERMINATION OF TENANCY The PHA may initiate procedures for termination of tenancy based on a pet rule violation if: • The pet owner has failed to remove the pet or correct a pet rule violation within the time period specified; and • The pet rule violation is sufficient to begin procedures to terminate tenancy under terms of the lease. PET REMOVAL If the death or incapacity of the pet owner threatens the health or safety of the pet, or other factors occur that render the owner unable to care for the pet, the situation will be reported to the Responsible Party designated by the resident/pet owner. This includes pets who are poorly cared for or have been left unattended for over 24 hours. If the responsible party is unwilling or unable to care for the pet, or if the PHA after reasonable efforts cannot contact the responsible party, the PHA may contact the appropriate State or local agency and request the removal of the pet.. If the pet is removed as a result of any aggressive act on the part of the pet, the pet will not be allowed back on the premises. Admissions & Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 11-9 EMERGENCIES The PHA will take all necessary steps to insure that pets that become vicious, display symptoms of severe illness, or demonstrate behavior that constitutes an immediate threat to the health or safety of others, are referred to the appropriate State or local entity authorized to remove such animals. If it is necessary for the PHA to place the pet in a shelter facility, the cost will be the responsibility of the tenant/pet owner. This Pet Policy will be incorporated by reference into the ©welling Lease signed by the resident, and therefore, violation of the above Policy will be grounds for termination of the lease. Adrilssions &Continued Occupancy Poticy Presented to the Board of Cornrnissioners on Sept.21, 2004- HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA n-io Chapter 12: REEXAMINATIONS [24 CFR 5.613, 24 CFR 5.615, 24 CFR Part 960 Subpart C] INTRODUCTION HUD requires that the PHA offer all families the choice of paying income-based rent or flat rent at least annually. Families who choose to pay flat rent are required to complete a reexamination of income, deductions and allowances at least once every three years. To determine the amount of income-based rent, it is necessary for the PHA to perform a reexamination of the family's income. At the annual reexamination, families who choose to pay income-based rent must report their current household composition, income, deductions and allowances. Between regular annual reexaminations, HUD requires that families report all changes in household composition, but the PHA decides what other changes must be reported and the procedures for reporting them. This Chapter defines the PHA's policy for conducting annual reexaminations. It also explains the interim reporting requirements for families, and the standards for timely reporting. ELIGIBILITY FOR CONTINUED OCCUPANCY Residents who meet the following criteria will be eligible for continued occupancy: • Qualify as a family as defined in this policy; • Are in full compliance with the obligations and responsibilities described in the dwelling lease; • Whose family members, age 6 and older, each have submitted their Social Security numbers or have certifications on file that they do not have a Social Security number; • Whose family members have submitted required citizenship/eligible immigration status/noncontending documents. ANNUAL REEXAMINATION The terms annual recertification and annual reexamination are synonymous. In order to be recertified, families are required to provide current and accurate information on income, assets, allowances and deductions, and family composition. Families who choose flat rent are to be recertified every year. For families who move in on the first of the month, the annual recertifications will be completed within 12 months of the anniversary of the move-in date. (Example: If family moves in August 1, the annual recertification will be conducted to be effective on August 1, the following year.) Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 12--1 For families who move in the first of the month, the annual recertifications will be completed the first of the following month of the year there after. (Example: If family moves in August 15, the effective date of the next annual recertification is Sept 1.) When families move to another dwelling unit: outside their development; • An annual recertification will be conducted and the anniversary date will be changed. Reexamination Notice to the Family All families will be notified of their obligation to recertify by first class mail. The notification shall be sent at least 90 days in advance of the anniversary date. If requested as an accommodation by a person with a disability, the PHA will provide the notice in an accessible format. The PHA will also mail the notice to a third party, if requested as reasonable accommodation for a person with disabilities. These accommodations will be granted upon verification that they meet the need presented by the disability. The notification shall explain family choice of income-based or flat rent, with an estimate of what the income-based rent would be and a statement of what the flat rent is. • If the family chooses flat rent, the family will fill out a Personal Declaration form, describing family composition. • The Personal Declaration form will be signed by all adult family members. • The family put in writing to the PHA indicating whether the family chooses income-based or flat rent. Persons with Disabilities Persons with disabilities, who are unable to come to the PHA`s office will be granted an accommodation of conducting the interview at the person's home, upon verification that the accommodation requested meets the need presented by the disability. Collection of Information • The family is required to complete the annual recertification form. • The PHA representative will interview the family and enter the information provided by the family on the recertification form. Requirements to Attend The following family members will be required to attend the recertification interview and sign the application for continued occupancy: • The head of household and spouse, and • All adult household members If the head of household is unable to attend the interview: Admissions &Continued Occupancy Policy Presented to the Board of Commissioners or. Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 12-2 ......................................................... .................................................. • The appointment will be rescheduled. Failure to Respond to Notification to Recertify The written notification will explain which family members are required to attend the recertification interview. The family may call to request another appointment date up to 5 days prior to the interview. If the family does not appear for the recertification interview, and has not rescheduled or made prior arrangements with the PHA, the PHA will reschedule a second appointment. If the family fails to appear for the second appointment, and has not rescheduled or made prior arrangements, the PHA will • Terminate tenancy for the family. Exceptions to these policies may be made by the Housing Manager if the family is able to document an emergency situation that prevented them from canceling or attending the appointment. Documents Required from the Family In the notification letter to the family, the PHA will include instructions for the family to bring the following: • Documentation of income for all family members • Documentation of liquid and non-liquid assets • Documentation to substantiate any deductions or allowances • Personal Declaration Form completed by head of household • Documentation to verifying compliance with community service by all non-exempt adults • Other Verification of Information All information which affects the family's continued eligibility for the program, and the family's Total Tenant Payment (TTP) will be verified in accordance with the verification procedures and guidelines described in this Policy. Verifications used for recertification must be less than 60 days old. All verifications will be placed in the file, which has been established for the family. • When the information has been verified, it will be analyzed to determine: • the continued eligibility of the resident as a family or as the remaining member of a family; • the unit size required by the family; Admissions &Continued Occupancy Poticy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE: COUNTY OF CONTRA COSTA 22-3 • the amount of rent the family should pay. Changes in the Tenant Rent If there is any change in rent, including change in family's choice in rent, the lease will be amended, or a new lease will be executed, or a Notice of Rent Adjustment will be issued [24 CFR 966.4(c)]. Tenant Rent Increases If tenant rent increases, a thirty-day notice will be mailed to the family prior to the anniversary date. If less than thirty days are remaining before the anniversary date, the tenant rent increase will be effective on the first of the second month following the thirty day notice. If there has been a misrepresentation or a material omission by the family, or if the family causes a delay in the reexamination processing, there will be a retroactive increase in rent to the anniversary date. Tenant Rent decreases If tenant rent decreases, it will be effective on the anniversary date. If the family causes a delay so that the processing of the reexamination is not complete by the anniversary date, rent change will be effective on the first day of the month following completion of the reexamination processing by the PHA. • If tenant rent decreases and the change occurred within a month prior to the recertification appointment, but the family did not report the change as an interim adjustment, the decrease will be effective on the recertification anniversary date. • If the tenant rent decreases and the tenant reported the change within a month prior to the annual recertification anniversary date or between the annual recertification anniversary date and the effective date of the annual recertification, the change will be treated as an interim. The change will be effective the first of the following month that the family reported the change. If necessary, the PHA will run another HUD 50058 as an annual recertification. REPORTING INTERIM CHANCES Families must report all changes in household composition to the PHA between annual reexaminations. This includes additions due to birth, adoption and court-awarded custody. The family must obtain PHA approval prior to all other additions to the household. • When there is a change in head of household or a new adult family member is added, the PHA will complete an application for continued occupancy and reverify, Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 12-4 using the same procedures the PHA staff would use for an annual reexamination, except for effective dates of changes. In such case, the Interim Reexamination Policy would be used. • The annual reexamination date will not change as a result of this action. The U.S. citizenship/eligible immigrant status of additional family members must be declared and verified prior to the approval by the PHA of the family member being added to the lease: Interim Reexamination Policy Tenant's Reporting Requirements. Tenant shall report to Authority any of the following changes in family circumstances no later than ten (10) days after said circumstances occurs: Any person is proposed to move into the Residence or any person moves out of the Residence, including, but not limited to, births, deaths and adoptions. Any Household Member commences to receive unemployment compensation or general assistance and/or such compensation or assistance is terminated. Any Household Member, 18 years or older, commences employment or commences to receive disability or social security benefits. There is a change in the Tenant's family circumstances (such as a decrease in income as would create a hardship situation. In the event rent is decreased in accordance with the provisions of this subsection, Tenant shall report all increases in family income or decrease in expense deductions which occur prior to the next annual reexamination, within said ten (10) day period. Increases in Income to Be Reported Families must report all increases in income/assets of all household members to the PHA in writing within 10 calendar days of the occurrence. Increases in Income and Rent Adjustments The PHA will not process rent adjustments resulting from any increase in income or earned until the next regularly scheduled recertification, other than when a new member joins the household or when a family requested a rent reduction. The PHA will defer rent adjustments until the next scheduled recertification when a previously unemployed household member becomes employed and the family does not qualify for the earned income disallowance, Rent increases (except those due to misrepresentation) require 30 days notice. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 12-5 Decreases in Income and Rent Adjustments Residents May report a decrease in income and ether charges, such as an increase in allowances or deductions that would reduce the amount of the total tenant payment. The PHA will process the rent adjustment unless the PHA confirms that the decrease in income will last less than 30 calendar days. The PHA will process rent adjustments whenever there is a decrease in income. If decrease occurs between annual recertification/prior to anniversary date then family must report increase in income for that particular household member which decrease was requested for. No other household member income will be evaluated/verified until next annual recertification. INCOME CHANGES RESULTING FROM WELFARE PROGRAM REQUIREMENT'S The PHA will not reduce the public housing rent for families whose welfare assistance is reduced due to a "specified welfare benefit reduction," which is a reduction in welfare benefits due to: • Fraud by a family member in connection with the welfare program, or • Noncompliance with a welfare agency requirement to participate in an economic self-sufficiency program A "specified welfare benefit reduction" does not include a reduction of welfare benefits due to: • The expiration of a lifetime time limit on receiving benefits; or • A situation where the family has complied with welfare program requirements but cannot or has not obtained employment, such as: ■ the family has complied with welfare program requirements, but the durational time limit, such as a cap on the length of time a family can receive benefits, causes the family to lose their welfare benefits. • Noncompliance with other welfare agency requirements. Definition of"Covered Family": A household that receives benefits for welfare or public assistance from a State or public agency program which requires, as a condition of eligibility to receive assistance, the participation of a family member in an economic self-sufficiency program. Definition of"Imputed Welfare Income": Admissions & Continued Occuparcy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OFF CONTRA COSTA 12-6 The amount of annual income, not actually received by a family, as a result of a specified welfare benefit reduction, that is included in the family's income for purposes of determining rent. The amount of imputed welfare income is determined by the PHA, based on written information supplied to the PHA by the welfare agency, including: The amount of the benefit reduction • The term of the benefit reduction • The reason for the reduction • Subsequent changes in the term or amount of benefit reduction Imputed welfare income will be included at annual and interim reexaminations during the term of reduction of welfare benefits. The amount of imputed welfare income will be offset by the amount of additional income a family receives that begins after the sanction was imposed. When additional income is at least equal to the imputed welfare income, the imputed income will be reduced to zero. If the family was not an assisted resident of public housing when the welfare sanction began, imputed welfare income will not be included in annual income. Verification Before Denying a Request to Reduce Rent The PHA will obtain written verification from the welfare agency stating that the family's benefits have been reduced for fraud or noncompliance before denying the family's request for rent reduction. The PHA will rely on the welfare agency's written notice to the PHA regarding welfare sanctions. Cooperation Agreements The PHA has a written cooperation agreement in place with the local welfare agency that assists the PHA in obtaining the necessary information regarding welfare sanctions. The PHA has taken a proactive approach to culminating an effective working relationship between the PHA and the local welfare agency for the purpose of targeting economic self- sufficiency programs throughout the community that are available to public housing residents. The PHA and the local welfare agency have mutually agreed to notify each other of any economic self-sufficiency and/or other appropriate programs or services that would benefit public housing residents. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE. COUNTY OF CONTRA COSTA 12-7 Family Dispute of Amount of imputed Welfare Income If the family disputes the amount of imputed income and the PHA denies the family's request to modify the amount, the PHA will provide the tenant with a notice of denial, which will include: • An explanation for the PHA's determination of the amount of imputed welfare income. • A statement that the tenant may request a grievance hearing. • A statement that the information received from the welfare agency cannot be disputed at the grievance hearing, and the issue to be examined at the grievance hearing will be the PHA"s determination of the amount of imputed welfare income, not the welfare agency's determination to sanction the welfare benefits. • A statement that if the tenant requests a grievance hearing, the tenant will not be required to pay an escrow deposit pursuant to 966.55(e) for the portion of tenant rent attributable to the imputed welfare income. If the tenant requests a grievance hearing, the tenant is not required to pay an escrow deposit pursuant to 966.55(e) for the portion of tenant rent attributable to the imputed welfare income. OTHER INTERIM REPORTING ISSUES An interim reexamination will be scheduled for families with zero income every 30 days. In the following circumstances, the PHA may conduct the interim recertification by mail: • Changes that will not result in a change in tenant rent. • Changes in income that are normal for the family, such as seasonal employment. • As a reasonable accommodation when requested. (See Chapter titled "Statement of Policies and Objectives") Any changes reported by residents other than those listed in this section will be noted in the file by the staff person, but will not be processed between regularly scheduled annual recertifications. PHA Errors If the PHA makes a calculation error at admission to the program or at an annual or interim reexamination, an interim reexamination will be conducted to correct the error, but the family will not be charged retroactively. TIMELY REPORTING OF CHANGES IN INCOME (ANC? ASSETS) Standard for Timely Reporting of Changes The PHA requires that families report interim changes to the PHA within ten, working days of when the change occurs. Any information, document or signature needed from Adynissions &Continued Occupancy Po(icy Presented to the ward of Commissioners on Sept.22,200+ HOUSING AUT HORMI OF TIHE COUNTY Or: CONTRA COSTA 1.2-8 the family that is needed to verify the change must be provided within three working days of the change. An exception will be made for TANF recipients who obtain employment. In such cases, families will have to report within 10 days of receipt of the Notice of Action from TANF that shows the full adjustment for employment income. If the change is not reported within the required time period, or if the family fails to provide signatures, certifications or documentation, (in the time period requested by the PHA), it will be considered untimely reporting. Procedures When the Change is Reported in a Timely Manner The PHA will notify the family of any changes in Tenant Rent to be effective according to the following guidelines: • Increases in the Tenant Rent - are effective on the first of the month following at least thirty days` notice. • Decreases in the Tenant Rent- are effective the first of the month following the month in which the change is reported. The change may be implemented based on documentation provided by the family, pending third-party written verification. The change will not be made until the third party verification is received. Procedures When the Change Is Not Reported by the Tenant in a Timely Manner If the family does not report the change as described under Timely Reporting, the family will have caused an unreasonable delay in the interim reexamination processing and the following guidelines will apply: • Increase in Tenant Rent will be effective retroactive to the date it would have been effective had it been reported on a timely basis. The family will be liable for any underpaid rent, and may be required to sign a Repayment Agreement or make a lump sum payment. • The PHA will not execute a payment agreement if the payback is so much that it will take the family longer than 12 months to complete the agreement. • Decrease in Tenant Rent will be effective on the first of the month following completion of processing by the PHA and not retroactively. Procedures when the Change is not Processed by the PHA in a Timely Manner "Processed in a timely manner" means that the change goes into effect on the date it should when the family reports the change in a timely manner. If the change cannot be made effective on that date, the change is not processed by the PHA in a timely manner. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 12-9 ........... Therefore, an increase will be effective after the required thirty days' notice prior to the first of the month after completion of processing by the PHA. If the change resulted in a decrease, the overpayment by the family will be calculated retroactively to the date it should have been effective, and the family will be credited for the amount, REPORTING OF CHANGES IN FAMILY COMPOSITION The members of the family residing in the unit must be approved by the PHA. The family must inform the PHA and request approval of additional family members other than additions due to birth, adoption, marriage, court-awarded custody before the new member occupies the unit. The PHA will not approve the addition of family members other than by birth, adoption, marriage or court-awarded custody where the occupancy standards would require a larger size unit. All changes in family composition must be reported within 10 working days of the occurrence in writing, If an adult family member is declared permanently absent by the head of household, the notice must contain a certification by the head of household or spouse that the member (who may be the head of household) removed is permanently absent. The head of household must provide a statement that the head of household or co- head will notify the PHA if the removed member returns to the household for a period longer than the visitor period allowed in the lease. Increase in Family Size The PHA will consider a unit transfer (if needed under the Occupancy Guidelines) for additions to the family in the following cases: • Addition by marriage/or marital-type relation, • Addition of a minor who is a member of the nuclear family who had been living elsewhere. • Addition of a PHA-approved live-in attendant. • Addition of any relation of the Head or Spouse. • Addition due to birth, adoption or court-awarded custody, Families who need a larger sized unit because of voluntary additions will have lower priority on the Transfer List than other families who are required to change unit size. Admissions &Continued occupancy Policy Presented to the Board of Corn missioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 12-10 If a change due to birth, adoption, court-awarded custody, or need for a live-in attendant requires a larger size unit due to overcrowding, the change in unit size shall be made effective upon availability of an appropriately sized unit. Definition of"Temporarily/Permanently Absent" The PHA must compute all applicable income of every family member who is on the lease, including those who are temporarily absent. Income of persons permanently absent will not be counted. If the spouse is temporarily absent and in the military, all military pay and allowances (except hazardous duty pay when exposed to hostile fire and any other exceptions to military pay HUD may define) is counted as income. It is the responsibility of the head of household to report changes in family composition. The PHA will evaluate absences from the unit in accordance with this policy. Absence of Entire Family These policy guidelines address situations when the family is absent from the unit, but has not moved out of the unit. In cases where the family has moved out of the unit, the PHA will terminate tenancy in accordance with the appropriate lease termination procedures contained in this Policy. Families are required to notify the PHA before they move out of a unit in accordance with the lease and to give the PHA information about any family absence from the unit. Families must notify the PHA if they are going to be absent from the unit for more than 30 consecutive days. A person with a disability may request an extension of time as an accommodation. "Absence" means that no family member is residing in the unit. In order to determine if the family is absent from the unit, the PHA may: • Conduct home visit • Write letters to the family at the unit • Post letters on exterior door • Telephone the family at the unit • Interview neighbors • Verify if utilities are in service • Check with Post Office for forwarding address • Contact emergency contact Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 12-11 If the entire family is absent from the unit, without PHA permission, for more than 30 consecutive days, the unit will be considered to be vacant and the PHA will terminate tenancy. As a reasonable accommodation for a person with a disability, the PHA may approve an extension. (See Absence Due to Medical Reasons for other reasons to approve an extension.) During the period of absence, the rent and other charges must remain current. If the absence which resulted in termination of tenancy was due to a person's disability, and the PHA can verify that the person was unable to notify the PHA in accordance with the lease provisions regarding absences, and if a suitable unit is available, the PHA may reinstate the family as an accommodation if requested by the family. Absence of Any Member Any member of the household will be considered permanently absent if s/he is away from the unit for 4 consecutive months in any 12 month period except as otherwise provided in this Chapter. Absence Due to Medical Reasons If any family member leaves the household to enter a facility such as hospital, nursing home, or rehabilitation center, the PHA will seek advice from a reliable qualified source as to the likelihood and timing of their return. If the verification indicates that the family member will be permanently confined to a nursing home, the family member will be considered permanently absent. If the verification indicates that the family member will return in less than 180 consecutive days, the family member will not be considered permanently absent, as long as rent and other charges remain current. If the person who is determined to be permanently absent is the sole member of the household, assistance will be terminated in accordance with the PHA's "Absence of Entire Family" policy, Absence Due to Incarceration If the sole member is incarcerated for more than 60 consecutive days, S/he will be considered permanently absent. Any member of the household, other than the sole member, will be considered permanently absent if s/he is incarcerated for 180 consecutive days. The rent and other charges must remain current during this period. The PHA will determine if the reason for incarceration is for drug-related or criminal activity which would threaten the health, safety and right to peaceful enjoyment of the dwelling unit by other residents. Admissions &continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HIOUS111,QG AUTHORITY OF THE COUNTY OF CONTRA COSI 12-12 Foster Care and Absences of Children If the family includes a child or children temporarily absent from the home due to placement in foster care, the PHA will determine from the appropriate agency when the child/children will be returned to the home. If the time period is to be greater than 13 months from the date of removal of the child(ren), the family will be required to move to a smaller size unit. If all children are removed from the home permanently, the unit size will be reduced in accordance with the PHA's occupancy guidelines. Absence of Adult If neither parent remains in the household and the appropriate agency has determined that another adult is to be brought into the assisted unit to care for the children for an indefinite period, the PHA will treat that adult as a visitor for the first 14 calendar days. If by the end of that period, court-awarded custody or legal guardianship has been awarded to the caretaker, and the caretaker qualifies under Tenant Suitability criteria, the lease will be transferred to the caretaker. If the court has not awarded custody or legal guardianship, but the action is in process, the PHA will secure verification from social services staff or the attorney as to the status. The caretaker will be allowed to remain in the unit, as a visitor, until a determination of custody is made. The PHA will transfer the lease to the caretaker, in the absence of a court order, if the caretaker qualifies under the Tenant Suitability criteria and has been in the unit for more 30 days and it is reasonable to expect that custody will be granted. When the PHA approves a person to reside in the unit as caretaker for the child(ren), the income of the caretaker should be counted pending a final disposition. The PHA will work with the appropriate service agencies to provide a smooth transition in these cases. If a member of the household is subject to a court order that restricts him/her from the home for more than 180 days, the person will be considered permanently absent. If an adult child goes into the military and leaves the household, they will be considered permanently absent. Full time students who attend school away from the home will be treated in the following manner: A student (other than head of household or spouse) who attends school away from home but lives with the family during school recesses may, at Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 12-13 the family's choice, be considered either temporarily or permanently absent. If the family decides that the member is permanently absent, income of that member will not be included in total household income, the member will not be included on the lease, and the member will not be included for determination of unit size. Visitors (See Chapter on Leasing) Any adult not included on the HUD 50058 who has been in the unit more than 14 consecutive days, or a total of fifteen cumulative days in the month will be considered to be living in the unit as an unauthorized household member. Absence of evidence of any other address will be considered verification that the visitor is an unauthorized household member. Statements from neighbors and/or PHA staff will be considered in making the determination, The PHA will consider: • Statements from neighbors and/or PHA staff • Vehicle license plate verification • Post Office records • Driver's license verification • Law enforcement reports • Credit reports Use of the unit address as the visitor's current residence for any purpose that is not explicitly temporary shall be construed as permanent residence. The burden of proof that the individual is a visitor rests on the family. In the absence of such proof, the individual will be considered an unauthorized member of the family and the PHA will terminate the family's lease since prior approval was not requested for the addition. Minors and college students who were part of the family but who now live away from home during the school year and are not considered members of the household may visit for up to 90 days per year without being considered a member of the household. In a joint custody arrangement, if the minor is in the household less than 183 days per year, the minor will be considered to be an eligible visitor and not a family member. If both parents reside in Public Housing, only one parent would be able to claim the child for deductions and for determination for the occupancy standards. Admissions &Continued Occupancy Poicy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 12-14 ................... REMAINING MEMBER OF TENANT FAMILY - RETENTION OF UNIT To be considered the remaining member of the tenant family, the person must have been previously approved by the PHA to be living in the unit. A live-in attendant, by definition, is not a member of the family and will not be considered a remaining member of the Family. In order for a minor child to continue to receive assistance as a remaining family member: The court has to have awarded emancipated minor status to the minor or is legally married; or The PHA has to have verified that social services and/or the Juvenile Court has arranged for another adult to be brought into the unit to care for the child{ren} for an indefinite period. A reduction in family size may require a transfer to an appropriate unit size per the Occupancy Standards, CHANGES IN UNIT SIZE The PHA shall grant exceptions from the occupancy standards if the family requests and the PHA determines the exceptions are justified according to this policy. The PHA will not assign a larger bedroom size due to additions of family members other than by birth, adoption, marriage or court-awarded custody. The PHA will consider the size of the unit and the size of the bedrooms, as well as the number of bedrooms, when an exception is requested. When an approvable change in the circumstances in a tenant family requires another unit size, the family's move depends upon the availability of a suitable size and type of unit. If the unit is not available at the time it is requested, the family will be placed on the Transfer List. (Reference chapter on Occupancy Standards) CONTINUANCE OF ASSISTANCE FOR "MIXED" FAMILIES Under the Noncitizens Rule, "Mixed" families are families that include at least one citizen or eligible immigrant and any number of ineligible members. "Mixed" families who were participants on June 19, 1995, shall continue receiving full assistance if they meet the following criteria: Admissions & Continued Occupancy Poky Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 12-15 • The Bead of household, co-head or spouse is a U.S. citizen or has eligible immigrant status; AND The family does not include any ineligible immigrants other than the head or spouse, or parents or children of the head, co-head or spouse. Mixed families who qualify for continued assistance after 11129196 may receive prorated assistance only. If they do not qualify for continued assistance, the member(s) that cause the family to be ineligible for continued assistance may move, or the family may choose prorated assistance (See Chapter titled "Factors belated to Total Tenant Payment Determination"). The PHA may no longer offer temporary deferral of termination (see Chapter on "Lease Terminations"). Admissions &Continued Occupancy Policy Presented tc the Board of Commissioners an Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 12-16 Chapter 13: LEASE TERMINATIONS [24 CFR 966.4] INTRODUCTION The PHA may terminate tenancy for a family because of the family's action or failure to act in accordance with HUD regulations [24 CFR 966.4 (1)(2)], and the terms of the lease. This Chapter describes the PHA's policies for notification of lease termination and provisions of the lease. TERMINATION BY TENANT The tenant may terminate the lease by providing the PHA with a written 30 days (plus one day) advance notice as defined in the lease agreement. TERMINATION BY HACCC See Lease marked "EXHIBIT"A and Termination Notices marked "EXHIBIT" B. HACCC LEASE If there is a conflict between the Lease and the terms of a HACCC policy in this manual the terms of the Lease shall prevail. RECORD KEEPING A written record of every termination and/or eviction shall be maintained by the PHA at the development where the family was residing, and shall contain the following information: • Name of resident, number and identification of unit occupied; • Date of the Notice of Lease Termination and any other notices required by State or local law; these notices may be on the same form and will run concurrently; • Specific reason(s) for the Notices, citing the lease section or provision that was violated, and other facts pertinent to the issuing of the Notices described in detail (other than the Criminal History Report); • Date and method of notifying the resident; • Summaries of any conferences held with the resident including dates, names of conference participants, and conclusions. Records for persons whose leases were terminated for any reason will be kept by the PHA indefinitely. Admissions &Continued Occupancy Poticy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 13-1 TERMINATION DUE T4 INELIGIBLE IMMIGRATION STATUS [24 CFR 5.514] Families who were participants on June 19, 1995, but are ineligible for continued assistance due to the ineligible immigration status of all members of the family, or because a "mixed"family chooses not to accept proration of assistance, were eligible for temporary deferral of termination of assistance to permit the family additional time for transition to affordable housing. Deferrals may have been granted for intervals not to exceed six months, up to an aggregate maximum of three years for deferrals granted prior to 11/29/96 or up to 18 months if granted after 11/29 96. However, due to the time frame applicable to the deferral period, current families are no longer eligible for deferral of termination of assistance. Families will be notified in writing at least 60 days in advance of the expiration of the deferral period that termination of assistance will not be deferred because: • granting another deferral will result in an aggregate deferral periost of longer than the statutory maximum (three years for deferrals granted before 11/29/96; 18 months for deferrals granted after 11/29/96), or • a determination has been made that other affordable housing is available. If the PHA determines that a family member has knowingly permitted an ineligible individual to reside in the family's unit on a permanent basis, the family's assistance will be terminated for 24 months. This provision does not apply to a family if the eligibility sof the ineligible individual was considered in calculating any proration of assistance provided for the family. Admissions & Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21,2004- ' HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 13-2 HOUSING AUTHORITY OF 714-E COUNTY CSP CONTRA COSTA DIt E t.ING LEASE Deveitipmni 1, PARTIES, This Lease Agreernent(Lease)is enterer Into cetw mer me ftusmg Authority of trkp Cojr!'a'= on,rs:COMB,a ptzblL-toov comcra€e end politic l;.•A,.0#tat rat ";.a.le,Ine fol inn mairriod,teriant or terlart5: '(-.0ectiveiy referred to harrars as-'ar nr,). Earn~Tenant is indtvieiueiV,:jaantlY and W401'alty rresta0r sZ* Ir.,peft-renari:t of.ail obiigagonsanger lints Leas inCluding,but not Wiled tc,trie plan et Of rent anti iso"i'onat rerit,as adried hereinafter. . DESjVMJFM ON OF EREMMES, kilhority al;rM to rent to'rr et">e't:1.tate dw.ehIng unit located at (hetenafter rei<ersed to as the suolect to tlhe terms and conditions statect heroin. ";'1e Residene is urate.t in a federally-txsrrseet#pubiie st;a usIng ae'velopmeni owned by tine Apt€ihonty ("Deveioprrm:�t"„ 71.eriar.t shall have tate Ty3'nt to tens:excivawe use of the Residence sunder the forms of this Lea . E-tECTIVE DATE:AND TERM. 'rhe term of this.Lease was rtrnertce art ("=fii'cuve Date"j anti shall 4oncinue on 8 rnorrstr•to-rrontrt oasis untft le?rh il Dy M: uthority or ierrani as omviaed in this .ease. 4. riOL!SEROLD MEMBERS. A, xausenoid Members. "".itis Resioence I«a on,.-ate revoence it be 2sta Plats only by the f lrs€wtng persons,.wzro well~be reiierred riereina€ter as'tire°'Houser°,tsitf"o=as"House5hdtf'f-ambersil. fLisf aN terra fi m etc ,rs,W=bj trno the Tenant,retool j i8a[;td O!€1454 98CIIIid BJ.rRd6rt7H9M S nphitions hro to Tomei& Date w scrim t � s i I j a 1r190 of,R.os;ioencet Visitors.. ;emant shal!"e ine oremesessolely as @.Ptwate dwethrig to Te7"-rt env 7 omni';housen,cw es raentifiec above a;rto Snail no,vse or p retest the use of the p€ernise-s 'v,$.ny wher .Pvrp ata. TEnant snao not pe=t Elfto snail prey rvt anyane ctrierChar.a I"tbusenoW toe t afar Rom fess ionr,it trip Res;identi,doting Terrarit's aosence. Tanana shail riot berrm Brio atra,i PrOl;: t of lvone.other yuan a mousehold Mamoier frcni using,tate ResWt':£ce asan.rare&Was or:as a"M411 C,�'OD" anc tali MT bern•rw vM0 snail Prov i17tt anyone i'rorn staying 81 tie tkesioenCJ'fc-€ or-man 14 L'ayq it any -Iorlln er 4,5„tags Ir any caiencer ,wear. Adding Hoiu .no€d Mernoem. Nr v,mor;.ar=be acrdeC tV tare a?essoence ns 2 h-.avS ellcly-raise"'ner L,Riess E prr,.T wri"Ln retrussi.is.'nen&In ine A,'..lt^'Jt`t'hf ar,--C.t'Nt''3r'JoosaC ravoluor,is ut Dlol ell!t^vgflvn'g D'i,Ina N ul,''t:0,717, ..' ',W.'.!SZ,-1 S.haill ZO=1454 toytri!+Resicence 2:3 a 1-lowsenrolci rM{€.'S.•ner 1XI1055 t.'t:1.k"oofstm ki first screFr:nee-'n'trip A.utt"or'tly r'YihK1'°l1{e's all 3pp;xl5ole eugibiall?i anc screening 'nt,Auinority may .r rM C SVetrdri,rt!dct arr'y r,"arjosec!acolt'Zr;"nog'esus rn =hv't?,.r.M.�•Ctre wine Resioen e Tie Tensnt snal4 not bemti£lec to aly Pr=W er pre[erenuw_5n�st.^-.se.ydru k:. s ntmr a welatno i;.nri.�aseC ot?G t;nar.;me..in iris sire of rep nausvnolio. Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 13-3 LiVa-In Mitt If a Moutta nald Mwhaar quatif s udder Authority and federal regulations, policies and guieieieites to have a lite'-it,Ridgy,files Alda steal€have alta WSM rights. 'etre mte may brae st the Reale otoly so long the Authority detwirillnes that the Household Mern"r dualities for the side°s necessary rrry Sarva t5 RENT. A, Morithiy Rent and Additional Rent.. Tianaiit will tray$ ,rent per Montt) CV..ortthly ken r),due and,poyawe,w a ivancts on the Eire:day of each-alan ar mon W.,"ginning Unless directed fez do otherwtsa by the AtAflotlity,'Tenant small pay neral t zty'lay PatsunaB cti k,r sstsifset cit k cr ntisr tyr orates in We»:t:that the term raj tris Le e shall beg Mt on a day+other than the first day of lila month,the monthly recital stated dtaove shalt be prorated Osseo on a thirty day m anz,and shall be due and playable at the tittle ate Tenwit std thiis Lease, The Monthly Rent is subtact to change pursuant to Section 6 of this Lease rFWnt DstermirtstiOng and Modifications*). rill ottaer payments dose under this tease eraciiuding,out:=1 livi tsd to,maintenance land repair ins,utility charges,tate charges and returned ahac cinairges shall tre dearat "Additional Rent' The Authority*stied apps,all monevs raceiatrd friarn Teri$t14 to the a7ildest amount cue on Tansnli's account. S. Administrative Late Charge, if Tenant faarns to pay Monthly rent Or Addritional Rent by tine filth day after at is dire,then Tenant shell be liable for an zorninistrtat we We wilarge in.the;amount of tern dollars;'�i Q.t}t1a,which SIC be date and payable 14 d&ys aster'the Authority gives written afs ice of itatd etierga. This actniristril late 'rerg,-dues not establish a grace penod;Authority may make written oeritsiad for gaMent it rens is not plaid can its due date. Aulhonliy and Tenant agree that tfae scintinbstralive late clmrgle is rite Damages sustained becsilrse of'teriant's late payrr an.,of resit,and haat it is Impracticable or extterstely dill'icult to fix the actual oamaoes. C, Raturined Chercits. Tennant snatl tae lii3ble tear all bank charges incurred by the Authority it a cnea,written by Tenant is returned for insufficient tunor,and the=s uthority many impose a reasc Mole tormce charge to covefl dank charges,imposed for r>elu nu tl checks, The Authority inlay reatAre Tenant to tray by cenitwil check ata money order It Tena n's bartft raas rsturried one at mom persottat checks unpaid, wttrin the iatif 12 martins. `f`i'le A,ulhiDity will n*t accept personal CW&,s for post-due rent: This section Does nal establish a:grace period,and lt¢ noon y may ma:he written ttertwo Saar payment.imrisoisista: ,*n sscav,of a returned clha k. p. Rant Liability Following'Vacation of Residence. Terizini shaif be hattle,tsar rent Oubunh etas date that x,11 Household Me liners vacate the Residence,provided that`Cenant ties given at least 30 days written,notice to Authority of Tenant's intent,to vllcate, In the absenss;of Lauth notice,Tanant shall tae liable for remit for 30 days after tine dsate the hviharity actually learns;that all Household Memoers nave vacated the unit.or 30 dries after all Hcusenoid Melees nave vacated the unit,winichever is last M owts. E, Remi Liability Upon Transfer to Arl atfter unit. If the AUtf➢Cad""transfers life Huuse:rrdid is gnaltier Authority,dwelling unit,any Charges or crecrds due on the Tenants account shat.'be transserreta to the:acdcumi for the now unit, Any amounts:owed by Teruint to tine Autftcxsty Phil. to tate execution of this Lease snalil be coemeta due tastier this Lease, A Security Depos t. The Tenant shall play the Sutra of$ _ __,Lo rote Authortly as a security ltteposi,,. A`sa jnmrlEu'1Vt:i note tria security deposit for ine frittltfrij p erforirkai'r a n}Tenarri o!Teit£rivs ObligatiOnS uh4$r Vnt Lease.wtclufling payme:ai.of rent,rind.after s:trrerntaer of the prsrneses,Aulhoray snag use the security deaOSlt for any pUrpirtte oerriitted by California low. Within three weeks arta all Housetat7w Members tiave var asec the Residence,tete Aviliority will return the Security DeWitt It a'e+rs.zrlt, rilnus any coni m om,riernirited hyo law. P y'mem of the security deposit,shall be Made eriPar rcrreck Rr}el' At Or t"#etapA!h¢#:3Tt+E-of:7iwkv'iw-irf,i~tr PL`�+8yrtt@:+4 4' ,al or before thF tsr2Sli 6i ln0vt-In. u'XIM the Instance to be Paid in Ins ll7Ytents of k per'Morlin tar each mono!natter Frfinve-an unir1 I re DrIkPirtre 4-5 Trash In tuli(anal"C'exceed rnree Motlf;79f. El.. Pet Diliposilt„ The r'IjInarily rnsy.mesalh,,Ct as flet t apostl c£;:azzortTar`.Ce writl fret&-Pei::.rp#itaS 8t1c`Ir:..'T.s.'H'Y rC�aR�S.A rt;{S;At4l fiaf€i'f.e t t2tT5lt t:pt>:>if:6tCt3neS9t�¢'t OT tt�I�nan&y r}t site."°Es:rzaril"i.as. �rovineud accumerlie tort,suffiriem tP the Autt3a'.omy in iia t*i e dizcreticn,!hitt TOVI2 t7 rip innrgw has&Mea- The,«tumoni"y Shah MjUrie SUCIIL C itooSit oniy a-bar an MsoeCttorr o;tie 1? nee for pei Zeaniz'age anc aper majono reesonabite cu oaciion dna'suott.damage, ... Genera.-,. rio Trus Mi atforlsrlfw^oetween,Auti urrily ariv Tenalif is creata'Mb rr-ao=ura of 2M deF3=t:,Via the A^u richtp"S r1w ooligatea to malm2akFr'.'!Yonies Palo triWaID.s.ri,urlo o"alit t4{w'MisIta rat P, segeeastee accmint. `ht-Authority ersaat ytave no C-Dilgalmn to Day Inti rest on any camas€t. Tenert aagreeS :o ptarise„.pete In a rVMM-nasi k'ssm-cil0r,err"net removal insoact—nn'with A+su mwity aS silt trine tat wac8tina tilt Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept. 21,2004 HOUSING AUTHORITY OE THE COUNTY OF CONTRA COSTA 13-4 f sill ncr Or rernc+rsl of the tie.€. It Tenant Falls rx n0juses to ncastsaizaa to in eltirerrr tate mov Qui Msbedamn �;tragi pet r rtOV21 lnsomciion,the uiharliy's written inspection reporl.will us conclusively prtes+arned to be wrrre,;:t. Lt€tLtrtw„Ay+ L@AtGCv AN. i. R. fC Toe Authority xvraa to furnish the f€taaurinc uetlies in ac:nrdance wiin cutu-'rit Scheaute.of Ukl ties Consuraipitctn poster'in ine otn,Development offi"and in ne C ellaral Office, ;as Eietintit"v 'haler ;`.able rV Hook-u.o Garbage Sewer An adlcvy Rlae ibr t riaria-pt;rMeSW utittties in a=a banc€a with fire current tschedule IS posted in ,me,uesr toomea:caffiCe aarld in the Central Ofdtlse and Etas ibean ooducvtid from Tana ant's grass rent, wuttIcwtty small supply rannitV water and reason Tole amounts of hos waxer and heal,except in those casmi where lha leets or toot waater is eetterattati by an miteflation within the exclusive cantr"6t Lar'entli�t and auiaptied by a d"arPd e uCitity ranrractitsn. Toriant Shan be reaponsib'm for in&pwemerri of Tenant's Share of - c.rme'v and 041 veer utilities antra s.mras to trete Rezkdonce. Uni es Auihoriay has agreeri in this.Saction tro i>,misn gas uric electrCcPty to the Residence,T ethane stLWi bo re'Ra irvi.to furnimh anti rstamtiam 0,08 and 'erfrT,^.service to ttw Rvsidenr,:e deed Tngantz;aieure to do seg f:r<g:l be ai vsotaticin at this;Leash an ;ira:nt;5 fv terntination of the Lease. A. *=x�es.s U011ty Consurriptiom If'he Residarica Paas an indjwidual.rmecli-,writer Ref s and Verifications rarant shall coritpiy with remnabie requests for �ari'iC aii i dv sirmn;reteaees fmr third-pity sources of.hformsinm trr enable the:Authority Io verity this, iriferrtiVtirar,Presenting doC€rnarft for review,or mrouidrxig canner suitable fatrrts of verification. tf Tionarit ctamis tliaz.a Housst°old Momtsar fres vsc*W Ina Residence,anent zre{ki,cthoftL�'may rets im,Tenant to sub"t Proof.22fteactory tc the Auttvtat't y in fts swe discretion,that the i maahi fd fvlefter is no tonger livings in the Reszei ce, �. Tartarus Reporting Requirerriacents. Tenant Naafi retic,to Auth rasa any of the:4 Ewing r'43riges in fe tily c mlances no tater$tsar ter t10)days after said cirvarnstarice occurs: i 1 i Any Person ie pr000teo to move into the Residence or any Person tnoves out of,#ze 4esioenm'inctud3n,twat not limited tc,births,desths;rrrd Bdactions,. I Any Household Member cornmences to receive urian o yMr;t Ccnrvensatfcrs or general- assistance eneralassistance aft?or seen cr:rnt ensation of assistance is torr riat". 31 Antic htorzsancild Ma mber, t B years or older,commences enimoyment.ter commences to rncei e rise Witty m sac l�i s�:c�rr iy i�riefits, s � 'here is 5 cbai Lge w the T eataWts farnily circur4 sWrices isuct,,8-'�a..d erose ti+(rico rtei as Would cresta a nardship,smti tiszn. in the event rent is ceervesoo in acoordanctz wenn Me rr xxsions of this svbst!azior,i ena~t shaali report all increases;o!arnty mcome'c aecroasi;in exrrWrise r3>r'`ouirlitins 1 hicr:==ur€nor is the next arnual reexariim. pori,within said Ian"1100)Cay -,7�CiRCe E tectiv,e Dater of Rent Adjustment. "he Authofily increase ;�f jonth ly Merit tiurs.l,an:to a rent review or anni.el reexarsima p.,tfieri I))e n ttitar^Oh,Ment shall be effective on tie,forst ttay of the sezona me i—, to lowi,W the=npletion o*the rtrvepwr. If Tanaints deta+y it providing infoTmalionq Mat justi€ies.as a ren:increase,then:trie kuthonty may mtks,the increase retroactive to T onard'v arimmi review :,ate cr the mate haat,in-.inrr e zriculd have occurred,whicrsever is oaTilier. "2) if the r csthcarit r rze,rimes tate Mona tlw rent pwausnt its the review.lrien r revsa:ee 4§Oritnit Resrl.shaft be effective or the firsiday of vie rn'�th foV10 nI;r the compiaetion of Ince review. G. tiotice of Dota@rni,tr ation, Vihen the kuttiority reoetermiries me arnount of,rent",)vyabie try T ermri;,riot iricisdclmg datermirtaiion o:Ina Authority's scheC ute of 4i ity atscirr:ances, Auuiori4v wili mai:: c oeaiver e nouct e"the detecra mat or.itt Tenant in accordance wiz;Se tion 18 oa Warts Lease. 9. INETPROH[R#7'ON. Tanen:srMj no.,iaeoD,or permit to cc f.PnI,any at.�q,cat,or other eniriai or pet in,or or atzew Ine to is exeunt wil'i Ine expree5 writteri permisster of the Astnorile,. .vnera s urs porniassion is;zeritva,Tenant sttatl Wide dy all of the reguiattzris tzf the AuY only he Care aric control of slur,anirnttts- A, Initial Insperb.cm trove in. The Autrioriwy arra i enant Snail ImDeet'tne rzeselence tief*rc Brant Imes^.=Danc` . T AwWmrity st"isali furrsiar,Terian;exit,`,a vartten atowmehl mk tree c-edition it t"Ne Residence arta tete-.-ut t`iri'}gtrt rrovided witt'i tirib T omni and trte F5uMcri'v s tali son my steter°aenz., 6 Annual inspection. T enem sti3i submit to art an:iva frrsoecuon of tnw Resicencs.uz:ior. recce,!at C_ }ictal im pectian-Move Ou+ T he;uthorft,« sten rnesb-z Me Residencii.wrier;'7ennn', 4;3i".c3rG.S and>"w l;tit"P715fis I#'i4"'Tt3s'Ti3yt;rc#i 'a sr tEei"-nem C9 darns to"rit :azokge#°cc'if any,inzIudiri:'C yr ztme'`s to M lail" tr�.hort'111.1 secu.ify nposI si, i errant may partlojoc to art the find;InsPecla?r,'. Interim€nsoettoons.. "enanl'',:.-fall oL-.net afar AuCnorrt;f trxl-ri reaSOrMWe aouar,';f nOTMe. :[:•tinier Inc,YResicenc'e Curing Rc:t`mzv vus:iness riaw-t sr,mat,"-W+ii;,(`t;-'iv"1;.May n r orm mt1<vie or rvairttenanay.mot i ortcenrM, star rt:.D age,sntax*r fri Pes;dence 80 re"leaV e -f a"5FP it"Ysc'S1'.•it`e"3 r'L7,`tiai+ai"CK`i:SS Y"..C?`ia$t.t[+rs PXls M. A.wt!'F1"`' +tiafr"iE-',t?t: ;,i"sE. ri:"Rose 0'rt'=C-eri 7"Gee;v�-''r.0 to the^e5i0l?iice aC ieasl r4.a"hout'S t;,ot,".*ane 6hal DC, ;at;�.�Ea?ee rea3Lir;rule. Admissions 6,Continued Occupancy Poiicy Presented to the Board of Commissioners or Sept. 2.1,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 13-6 �. Entry Without Advance Notice,or in Absence of Aduff Kcusohoid fl Mitis r. (t i Notwithtataanding the foregoon,an employee.Or representative of the Authority may enter M Res;ioentt at ant,tirna willl=advance notice wrten III has cause to baift•1e initt ars ernergency "Isis:or€'the RIDladMis=01sar,Mono ed Or to rttst€e Mnairs reatrested or atgrr cr to by Tanaht, ` ; ROW adult Hcusehoic Merrhel are.assert from fila Rets.idenca at the tirrie of entry t*the Authority,tzieri ttto Authority si,alj leave in.the R&S30e.rics a uwatter,Statement spardyivtg The daft, IM0,and cumose Of the entry, F, Entry try ttase Officers or isnspeclom.. Tree Aut>haMy May permit a.€iasida officer o. tvuxiding err heatin ipso ctdr to enter the.Residence upon presentation tsy such officiot of tt warrarti or aroer, or to arrest a person that a peace Officer ballaves to be in Ine Revsidence,or it a peace officer orders the Authority>arrp". a to open.t#iie ResiptionCe, TRANSPERS A.. `tenant Shall Transfer At Authority Direction. If the Authorloy determines that aerwnts e:sr,noin shpuaZ are transte"ed frena tyre present Residence,ellen tne:H-ousenclo shatl transfer to on alternate AiAhorhy unit within.1 days of vgilleni notificatian Oy tete Aa harry that an alternate uMl IS avastaole. upon receip°of the aOys M the new snit.Tenant satait initnediatety trariefer all personai property to the nein urn:. Transfers mads tiursu t tali 5,sctior,1'i a4.(1)shall tm as Tenant's sole expense. Crourtos for rete urring transfer to il now unit may trictutte,tart are not nectsaar0y lirtttatj to,the foilota g: (i} 'the size of the Residence is rio longer alopropriate for the.Household caanpoii ion; or (24 A transfer is necessa +to Dr&31i3Gt 9kte rrrttith or safety Zt a kousithald t arnI ter or another A"honlry resoen'.or i3l, A.Household Niern er,needs to iii in a unit wifn special features(e.g.,riancraso access) nal,available-,at the Residencar (a; The ioence has special features yaw the Housing Autrionty determines that arlocr,er taut y neeaft to five m a unit with the special featums available.at mo.Resicerim.and tunhar 08tarmAn. `trial no House:noi D.iernX t'>er,leads those,tpie?•tm lastures:. tranwtez is necessary to ac orwn"_YtGC ale the retnociel,rnocarmzation or repair of If% aS ence., a. Bary Lease;No Waiver, If lire household transfers to aanottler dw whine.unit,then 1k14. Lease"I iernierate and a new wr,itren lease agreement snag be executed for the new awal Ing unit„ By transferrinS T enew,to another dawrelling trust,however,the Atilhorky strafe m waive its rf9Prt to testrt risste trie l e for Ifiot trey unit of to evict the household from that nava unit based upon conduct trial occurred before tete transfer(when g entint resided at tate Re Once tc which this:Lease refers). , Transfer Following Initiation of Legal Acbon, If any menlost of the Housenold transfers to as new c+wsllina unk after tree Authority initiates an eviction proceeding,theta the Authority may refie titin rater a amend its pleadings to reauft- L Possession of ltue navy awaiting unit.without warver cif the iXcgirai viola fiatr: tj Notice of Dettrmination.. V-1hen the Autnorliv delenm nes treat the Tenam m4s :arrsiar CC Br',Mer unit"caseO On fSIMy=M-DoWiJor.,Ak thortiv vwfi mar,-:Gr oinkf@ar a notice of the aeterrnm Bimn to line'is ae;nrt;aa a wft Seo+tor '.6 cr'tris Lease e 2.. AUTHCSRI t"R SPONSESi IVES. Tle;Authority snEr!. I'likinin the Pe:sicence ane lhL Devetotrrrterr in ztvecerli,safe,and sanuary conditson. c:. ,c ornojS,,'WSt"E. ,wyct wr,Y7f+?µ%„dmf;.and housniq codecs envtl metal rt::jJ3a`tt'�"•"E.�:Rt.�.t ?'*i+�ily eifertfne ai`.t':Mnc safe"V. N. -,lane:nec ar Keep f 9 retain rent aider res,,:scco els azo ocrr r='i areas rr e cierart aric asite concitton_ Admissions &Continued Occupancy Poky Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1.3-7 1cia twin in goon and safe'+orknV Order anis condition etE'cuical,oturnbtrl ,1.8nitahr. healing.Mentilatmg,ano ot:w,facWfia.,ann:pplintices.including or recutret;to De suppilet,by ine Authority. F, Provide anO mirrWri a mphafe receptsa antf f Iitaes for'lhe deposit tit g aer_C: rutims ti,ants tinter waste'Tenant ren laves ffY#tt alas R taertCe, G. Nolffy Tenalnt tri wrttino of the upect is grounds to.,any proposed adverse acitcr, The no' Ot azopoaef!8OVenle SCdor4 Snell intorno!Tenev of 7artant's Mprit,If any,to ret#ueSt a grievart.-e -'earing, Tree term"""przz ed advar'se aottswnt`snat:tricluds.but rest e limitadtat;. i;3 j A prOnusot Lease ter's'xSriamm; Transfer of the Household to arot er unit;, iuI A request for a }mat rot t mtenamce or exzes4ive utility consumption chart s. H, Prrnrrda,at the s e Lent`s,recu st,reasonauit accornmodabor.Of a amabdily of any. 'The Authorlty shall rico:pe tiiabiL.fw-any loss o`er damage;w Tarsen# rsoria,Pr9 %fii' i as i enant's 5048 resommulbtfitu to sateguarc ant insure such property. +a OBLIGATIONS OF TEMAUT,t`OUSSMOLD MEMBERS,>AND GUMST'Z, in adoiiios to ale oth ooliganons unaer the Leaae..Tenant must comply Witt,and must cause Household members arlt guests to mrnpit.�=mills the follinwing odes; A, root to.assign Cox L2mse ei+*suWease the Residence. Any nNernpi by'ronant to asaign Or sutlet pia or any nortico.of T emant"�.interest zJrt+Ser Mks Lie will constitute a viclatia ,of!t'tt9 Lease and vrsli be nult and void Ono ineactive in tmriafer suots intemst to any person. No scr provh1v acct ramommmoms for boartiom or is;lgeas. �. To use the Reticence solely as a nllvs.te dwell.-rip for HDLsein ld N'ferrtber5 an.,riot eon,any atter vvmose,"mr.it when Tenant i"m mtai"md the prior Written ct ment Of the�a,ilhortty to CJS dual a spsertic,taws i ousines,vrrtticn is mccemat to tole"gndra y use of ne+asses i It as€t ramdence for C'. Ta abide by rules prerrtutgatet"vj tde Authority for the nand;and well being W=het }C'.v'-3 p€at rtt and rosidenrits of the Developm,#nL suct fules,5"httth nSays=zrtge froom time to tt m Shali be ttoste'o on the omi e,,'y,are available at tyke Daveitiprnertt,offic.^e un are mpor armed ey te-ferfMnpe in"I'nis Lgase. E. Tc,compty with rata eta€av€€etior*imnpaSed ty applicabie building amt,ho€.astri'w cordes ai a-Itinp health,ani safehr F. To use the Restoence.togemer wi;h all eWciri:..ai,Inurnom—, heasrrtg,sar?ttar ,varrtibattn and other,fayt#tties,induding elaym,tors,Only i7 a reasonable manner. c notsry the Au tc-mv promptly W.any need'.cr reoa.rs to the R0310r nce Or or anw sensate �rS"IQfktxuv MS['t tnv commlora;"1peas CS""hP,n`i'$t&`Ios surrouncirij,t't"Rosio ar;e wt°i n may lead 10 cearzpe or Q-qury. H, 'To i let Ina and pro ny eCeacent to the Resin ancc Ma camr,ano Safe :omaitior,rPnd tr"15p rse 0i OR:.e5tla?,g,r;i nn ,'5 and t3Xt er wsaty!cnm'ne Resid1ence Er.a S;animry z rip safe rnvnner. T onam stat rim store,hang or wool"t DusenclC trove;e;•001;s',de the ikasiaencs=M alts%' 1.1e r"ori.rlh, w'1 itm HoLlsemotd bier per. orp;,, ;to remain outsjoe trye"4:e8i{Sencett in Such s,way aslo be ::t4CrimeS`t ai.to Ime appearance a'1,nit,prn "t`,,,a-IC-wt5i4tYtlY�tlr:n`It"<"€�tS:aa.i",u!i'lm h5�a til£xriCi aatt3,�'v-`:`e }tcus i tai Yv4 z37e,v or Olhers. -`"o remain, r-"3tTf Co�sirowmc.ot3feuns" G�r17a-aria 9"'re-ec'r=ri�ci't!r,'" a:rt or'he a'iG'&lCSL'nCw 4F �"t�'::1C"tt;tCw.^';e^tit. i t*'ticrcr r2�te3mc!"o".:G.Ws.^"+i'"'Ei#443'331`:Dr u4ifi�"Va�StC lC+r3f.:Gw'"rr;tt tt�C't;per,'•."1�'or�rY':15ec., .. .;=`errair,arw^T:.r.^'SitN`,ire S=;.i:�s;iy gas9 Esi ,.m"or�-:ne tjl::y rte,of itne+ ^.sa'<'reascMaWe G'.";.wi?'pal tpr ti'`.a..oOstr 3'oatiiE Oes lou'le mar,morrmai Y ell aria tear i ;p t'. :+31ri .^"or E:ae d°P_+,td>i`Cr,+'n i;:l :3$.G";F',' i QUcst;."4C" lhwa' ^*"t�.,m''Of r.+ava Admissions &Continued Occupancy Poticy Presented to the Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 13-8 To act in a manner met wilt tool disturb the other residents"peaceful arOWrYoetat Of#Meir acrasn;rWasticns and wilt be condu Wive to mainwirting'the Davekniment in a dacent,sunt:lama sarattaay ctandkfitsa. P". To assura that ail Rousahzia Mer nays,guests or persons under lyre Tenant's control, ataeil nmer, e in: i? The violation of any trimr+ai Or civil taw,crdiriance or statute in Meuse and Q=upandr of tines premises, (2? Arrj WeOJ ee olne<acitw t'v which Impan the physical or SOCIZt*twit fnent of the Coevalapmem or which threatens ine rieair ,safety or the rigni to peaaelaal srgoyMerat of limy Of the premises of otner res4ernts or Autnorny emptoyreac:or fes) Any dru2-reiwed crartiniti activity in the Restdeince,in:tha DSVOIOPMlent,in the vlcinity of the 0eveeopment,or at any other tccation assay from Autttoray+prey,whether Or not in the vicinity of the Devetcomertt.. TENANT UNDERSTANDS AND ArGR SS TFiA"E THE HOUSiNO.FtUf!"r ORliTY 14AS A POLICY OF ZERO TM.ER'ANCE TO DRUGS, IT IS T ENAN1 S 08 1.GATION TO ASSURE THAT NFTTHSR THE i ccl�lk;�i"T NOR ANY MEMBER OF TENANT'S HOUSEHOLD SHALL ENGAGE IN ANY DRU REL TED CRIMINAL ACTIVITY ON OR OFF HOUSING ALI" O IOMPEPTY. lim MY HOUSEHOLD MEMBER SR-GAGES IN DRUG AELAT„:R CRIMINAL THE HOUSING AUTHORITY HAS THE RIGF(r TO i ERMiNATE THIS LEASE*EVEN IFTHE E DRUG RELATED-CRIMINAL A-"v'r ry 010 NOT C)CCUR ON OR NEAA HOUSING)AL17 CMITY -ENAN71 ALSO UNDERSTANDS AND AGREES aMtAT.IT IS'"ErNevNTIS OFI.IxGATION TO INSURE T'}=AT NEITHER THE GUEST OF ANY HOUSEHOLD UEMBER NOR ANY'PEIRSON UNDER THE TENANT'S CONTROL SHALL ENGAGE IN ANY DRUG RELATED CRIMINAL ACTIVITY ON OR NEAR i OLISIN4"aAUTHORITY PROPERTY. IF THE allEST OF ANY HOUSE MgMSeR OR ANYONE UNDER TENANT-85 Wt fT•ROL E'NGAM IN DRUG ASIATED CRIMINAL ACTIVITY ON OR NEAR'Erma RESIDENCE OR T14B DE.31SLOP6 ENT,I HE HOUSING G AL ITHORITY KA,S THE RIGHT TO TEMNAT-E T I•.I.S LZASF- ta) Any alcohol abuse haat cniatteres with the heaiath,stafety lir nO tri peace<iuz'erajt�yment tam Me premises lay other tenenL. N, Not to have any illepal wagnons,(areworzts,explosive;,combustibie or catner rcazarddus materials sn or around Lire OeveloDmerA is";tion 14,•F&1REAMAS PROHIBITION,`ION,`maw). C. tial to create or permit to exist any Wrar9Eition tinat results in rislt to the hetafth or safely of any person or damage to property P. Not to maM any s irs ortakieaations to the 3Reaiden e,:rcWdisag but ncat limited to printing:,wallpapering,chatVing lo<:4.ar instaliation of mirrors matare affixed to WIMI5 or alarms,n:1ars, afaxee pam,wmdow yrs,carpets,antenna or satellite dishes,wdhOut the exilmss written Lonsam of*he Aub=tty. Upton COMPtOtIOM any SuC11 rt PSirs Or akteratEtir't6 135CO x e part of the prs9taaaes. C. Not to have a water de-t wWipuil prior written consent at the Atotttorlbl_ R. No,to drive or pari motor vetrcrJes cora areas not sneaifzaily designal2d for driving Or rxir and t t C the inrtor »ns t s in n unsafe or unEa9v ui: r nner ctrin a raasresser wroidn tiasturss oth�r rerian:am.. 5. Not to use t>arwing areas.or Development grax nds'or Me repair of vehicles, To remove at 7ananO's extrise tram,the Dwiet-00 rsaent any mOtOr vehMie,recreationai ,+envzle Itr»tlu aing DORIS),tr"er or vewctt oaths)$owneo by any Housaft.oEd Meffam or Lluftst.1'd r-h the Aumonty 08terrrItries to Oe,u itrtsured,I�'.pGratpv ,unlawful to cp ee-atCe,abandoned,Or not to Mas{AnsOle use, Tentirit mus remove ssic"rehicle asfiar nwice t)y ine Aurhortlt},,vAlhin the tame sperJfked toY Sucn r13314c Faiftnvy suer,,renzvoi.tate Ar i onry,as itsdnscr ation.may remove the vehicle,re.-retati:Vriai venicae:, ,railer Ve vanl:fe tsar 9M).and"amort:steal(lot fesporisthte for the Cost ci MmDval. . To szavre eiat as:i Tenants,Houserroito Merribers,guests,ti ld Fsrseris under me.Tesssant'.- vorvrc v aft ito`.Irespass an or rilegelEy entee.Autnorlty property,i :Igor g oto$not lirnaeZ,to,vacant urats .ter cu^nsuuction. V To mWTitaM dully the grounds and tsanov.aaOM aasaaent fa Tenant's:Residers^w.wnen us.asc�n�p: is rasLbnw iEaty ts4 the AutrY4tciky. tri the even,T erarat hits csr neglects to maimain t'Uity One Mrourim assigned to T enant for rrrinle;,ance under th%Least.Autnor;tY,iii addikinn to any eraser re,aaenies save e bw to rE,rsau recusre a enant to pay to,iiutnoray any ant fir expense ince;red by Aurhointy,n the Admissions &Continued Occupancy Policy Presented to the Board of Commissioners on Sept.21, 2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 13-9 A. Prohibited iffithOut P-OrMission. Except when speciltueliy aullnarLec.the Auttrarhy sindfay prohibits irrearms in Residenris,on the Develooment and on Authortty property.. ' iowian of Nis provision.by any HOUtahok Member or guest shalt=1st hAt suffidbtll groltftas for Immediate.Lease iermirall0rt and eviction. The term 15rearrtf,is:a etartOd Wtadky and sball Include,;karat nevi be;iirnitetf Yr).oil pistols,revolvers,,tatter handguns,rlws,stzratg tars.stttt�Frt7�tfb arta sornioutom tt gems..ar*any clher hstrcrr OMI:wnich expels a nwt'altlt,panty Metallic,,or other hard proer:tafe,including but rant iirn too to.8E guns,air Mars anti s#MV action guars. # egttrrerrtent Fear P erraeiesrft rt. o varatsi ip,ppsseasrt,t-anSon tiara 0,ase of a firbmm shakr be uerrrtittet!on Authority property only if each and Overy such ivearm meets each of the €ait�twsrics requsretrresrtts:. I Art adult(at least 16 years of age)Hoti5ePioW Meer legally purchased Of took ssesston of the firearm; f :< The firearm itself is in all respecis legal, 31 he firearm is under the exclusive control of an adull Household Member, f,41 T'"e fsrclgtm is strayed in tt secure„safe end iockee place#hat is reasonably inaccassibte to chimer;and POMMS Other than the legal ownen,and tai The fimarm is nq,uset,storad oi-handled..in a ezirari to,illegal,feckless,careiet,N or negugent manner, A. T en•ant's OuRgation to Provilde Notice of Da-mage. T"errant shah immediately ni?tid`,v tree Authority of an oamage to the Ratidenue or the Development. B. 1`13=rdous Conditions. 9t the Residence is damaged to the extent that canditions exis&*. hast are 4azardous to tiff,hearth or Uateli Of Household Members,than: fl) Tenant stroll irarr ediatety natity ttr.s Authority of the-damage. M Authority Via$repair the Residence within a reasonable dam ftf a Ko ehoid member Or West caused the image,then the cwt of repairs-shall be criarged io Ter nO; t3f Ttte k9hOnb/shSI1 offer standard e#tema#ive aecorsssrr oostions,If avaiia .,mien iiecsssarY MOM farm;;:be made withm a reasonable ftrne-,area Fel# Irn tete euent that repairs ora not made it p reasonable lime,and atternahve hausirlq is not ,UVW140le,then the Authordty shalt discount the Monthly Rent in proportion to the s imsraess Of Ne d ti and=038 or use of the Resioence, tett discountt shall be rnaae.howeaer,it either the "stearal rejects att>ernath�e S3CCJ Ylrttad tY ary�,,or a Housenold Member or quest caused theL taama:pe. 6, TERMINATION BY TENANT A, Notice and DbUgation to Vacczte. Tenon',may terraina;e ttrtr,Lease by roaving at lust.30 ceyz;written noaiCe:o the FwShonty. Tenant shall ieswe me Resider in as c4sarn end aoac co iditior tis i ena m receiv'eCh at theL stied of Tenant'y t3CCtt ancy,roasonaole wa r.��talar excera2ed,and return ai4 Mess to tarp.Autl�orrtt. Atr e#anitt tr4erxtber:�enc-�ssti~;er oparrtia ana#i�afnpeaeiy a=aGte the iesi nye wi;nir the 30-day pariod. Personai Proper ^„ After Tensni,vacate:s the wemisez,eilniv n y pi"ation of termarmstion of the LOOM eviCtion by the,Authority,aii3anconmenj t:f 3rse ReSideracee a-iransfe^of the Household 10 anolher dwelling unit,t int will be given«ne nta,ice:reowred by MW Concerning the ciscs srlaor,of any pe sorts;property of Tera� brat remain, on he ommises, tenan?s rest�ansVe for .1! +*.:mst3riable'coz'mn of swan'Q such property The�orovony Y+w bS releaued m Tenant a i,;.rad ntful 4Ite'itw Admissions &Continued Occupancy Poky Presented to the Board of Commissioners on Sept.21., 2004 HOUSING AUT #OR(?YF THE COUNTY OF CONTRA COSTA 13-10 only after Tenant or the 4ittituf owner pays to Authority the re onatate costa of sttoratae withol tate tulle rragaired 6u'te+n. auuwa"p�f unc4airx aq atter expirtation of the period sta'tat,in tie notice shall,be tseerrne;t 2ban Into the Authority may dispose of it wi tatit habdity.. senme of Original Terraria Rights of Remaining Household';Members. It throe any tsuee.arry T anent who nas signec the Lease ceases 10 reside at the Residence,atria 44.aaae sp al€ trarmanate. Ra rialrimg Howetietd members firry continue is occupi the Rostdenca only if a attxaf itect aho resporsiW*remaining aftl Hcuseriold Member entero into a rWW tease agreement with the Authority Wlt-in the reasonable time Specified py the Authority end,ratify if the f redly is et' at for continual 0txu110110 ant is not:rt vtNatim of this:Lanae. tt areae it::no rtmaining i owitshow hvEember Qualified and eitg t to cOntfi'Tue tat occupy tile,Residence,Tenant literacy gives Aulfichiy the right,withoutbeing ceche ally obligation w dt sl,,to imrnadfately secure the Residanox,w0hout nice,to proven!damage Ira or destruction Of ata ides Orico or Unauthorized antry. D Tenant's Death or brsstiwiitty, it) if Tenant t 4r.and filters,are no remaxtrinq adult tioasencild Memiloars tib in tete Residence at the time of Tanant's death wft are paiadned atop aVibta,to continue to occupy are orsrrteses,alis Lease Shoff iemrfiinate aaad A,uthertty*sheaf have the immadtato ripht 10 roomer grid ;lull Possession of the prein:is - �2l 1f Tenant Ales ao becomes so disarpled trial s anent^:an no fo ar,reside ant;ceases w r0fde in the Rerridenea,and there are no fernalrialg etfw Ho enm merdroars livillip in the ReStOffrize at thsc;time of t'enant's t aath who are puai?ftad and etigifirde is continue to occupy the ararraises, Tenant her",auincrizes Authority is anter anti take possession of the pr€rrinfoes,pack "parent`s belongings and persons^property„remove said property frrarrs the premises and satire i9, The 01sp013itiaati of sstd personal Property shalt:be gaavertnep either try Tenant,Tenant's au(n rrzoo rePtesentethve,she authonuo representatives of Tenant's Wtft or ttae provisions of the California Civil Code, Authority Omit not be laatife for any toss of of aarrtsge to said property not.caused by Aalnordy's sole,gross riegitgera or wtlltuu slid paid faint conduct,nor shall Aulnoray be liable to enY PRMCPL in any ways for entering she premises,taking possession and contrai of said pmoorty and ratzwvinn trio game. TEMR-Al'ION BY AUTIiORITY, A. Grcavncis fixaa Tertn6raafiota.. The Authniffly may tameinate tar refuse to ranaed this Lease fur serious Of repesiae€violations rat rnetartai terms sof the Lease,such as the Muria to rnafte payments due or to fink the ntrligations sai forth in ihes:.arse,or for tauter good cause. A Tenant vvha receives three,f,3 rtt'tcias of le"netaan for failure to pay rant in aerie 12 motath perm Shell be 080med to tri in repeated violation of a rriatertat terra of flits mase and suixject w aormnatitan of the i_aase. El. Notice of Termination, The Authority shall.,give Tationt written nae€ire of terrninaat n of tree Lease,Slating We pound),for the asrmtinaifon,and Info mningt Tenant of the r i;V to snake nucha repay its ionant mash?wish. The,statical shall also notify Tenant of Teriznvs right to examinee Authority occurriarits direcfiy reteVent 10 the i.saue terraitnetfm and to request a grievance nearov.,ff appdicable, The i6ngh of the noticrr shall'be as follows: 11) l=ourteerf(14ii days to t)-,,e case of(,ailuro to pangrent firfcauaing Dealt and AdditilWal menti. k'2 Three 3!ams in mo case of creation or maintenance oz a throat to the hoaalin 0,satery of "tile"rescoents or Authority emota yeas.. arouncis Stir termination under this¢provision irridwde,out are net 4mised it,,the too iwtng: ley Any activity,that thraratens the tleettat :safety or the figtat to peaceful ertaogrrien:of any of The:prerntses ct boner residents or Autnortw err pp tomes.of l?_. Am,dhfn -loiated=,-nine,-a t tty ort oT ort Authority pruiDeny. Neither art atrest nor a crimmaat=nvictinri is noce5ser°y 10 tarminete the Enolase ants evici.Tenant nasnt under tri€s suose;:ttor<. The AL4,1norAy>may,at its safe dts:Grettort,anti without arcing uriwaer ani ptnitcatror;in W so,conlitoer the tar-..=Stan cr the case,innctudirig senouzness of rho offense,the extent of rt;Gie"a�t€.^.r1 by hi#845ePofel Members aato Thr etlect.Tile evi=r world nave on Houzznoit Is hioers.•wriea c`id not crape ie ire the pronrovitec adlivily -,ie loath oriv.,may,in its$Ott d=sCretion,and ur turner zmq uncut t5}onllgat5 r tC»»sit, D i't corttinvec ac-g a-oanncy tty+'a cri-offertaing H�3".S'3 eta d F 5@'rrl r'a6�t :r0'vititae: rrtey spree the;aha;ming libeler tial Memper(s)shag nal restoo at or vial,the Premises anti snait not De civit'a,d or 2110+OO t!TIOn trio The Authority May,in Its stilt§dmcrei;ion.and+.w ithoul raetno ;:nint=r any ebltga,11on to 00 sir,rewire a Hotisenwo tvtaa ovi who angare tf in the tt i arse,of drugs to present ni successttai nrnrstaitun,W?sstt�tbtior>,treairrient crccrtsrr,as e cortcaitar,of beim Admissions &Continued Occupancy Policy Presented to the Board of Commissioners or, Sept.21,2004 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 18-11 ailowea to remoe at ht e Pra tlses, This is not:mterid o to be an ft%MUStive QSt.attic the Ailthont';r>tservoZ �TG right to it oose natter conditions,terms and sta;raitatrtsns. G3) Thirty(301 days nrxiace in apl dimer cases, 3r. LEGAL NOTICES A. To Tenant, kir{notices,d-ernannz or service of rxcCess.to Tettare,shall be in writing and an persa to 'ty oafs r sd to any 7ersart,oc It n sult Houserox uernoer ter sent#air First-Ctass:hat; .c me Residence anti aparessed to the Te,nent S. T G Aulhor€t`ya �4oftes io iiia,atdttiaa? shad be In u,naing aano dahveroo td me Oi vetoprr:ent Office rr the Ceztira! sf cs aersonaiig,or vent Dy first•-cfaass mail MOPONY adgrassec. t2, GRIP-r6i,NCE PROCEDURE It the r4whority seeks to terminate the Lease or taker,some of le,adverse action against trig -#ousehixc,7aner>t rna�,in sortie instances.bo antitied to reptuest a priouanco hearing to contest the a^itl^, `a errant rr zr,atso be enottled.s.r,.some 05144ce .to e heanrag to rssotve other disputes or 9f*V9r=s witn;Me Authority, The Authcnfy`s Grievance tarot wtim rnattera ca,tie the subiect 011 a grievance hearing, rite Grievance.Procedures atiso say forin the p,roeess to,racuesting a hear"ng and the procedures to be followed c#t tine Etre tmarirtg. The grievance Procadatres are incomaraf o into the Lease by this reference aritl€1ma'i be asrriorzoac from tittle to firma. s3 PFOViSKONS FOR MODIFICATION 3 A. Clianges Reaairing Writion Addendum Excess as vrovioaci in Subsection S.,Mt hili Section,ant chavM to this Leam except for rent eeanges as provided ir.Section 6 ,'RENT DETERMINATIONS AND MODIFICATIONS'stet be mom try e writtan aidenaurt,nate t!and sided by both'€e am wto tip Authority a. Changes K*1 Requiring 106tten Addendum- coursers irctrAarmta4i into this Lease. such as tlm=riwin-gimme carpe tint.schadwe of utiatyy allowances.Grfev arco Procaanu uw.Pei Pol ay,trarii;fer,lent and ocauriancy ptaitcios,and any nuil.'dhr or cavatdoment rWOS r,~c1ner re i[SIMrts,MY be c„tarigtrd tf=tMIt,i'o time by the Authonh,,and shalt not reaW.re a written, addendum to this.Lease. Thr_-Author vt,shat!dive Tensn.t 3C,ays hotiac pier to the er#r;five gate of any arnerionionig to these documents.setting forth the mropoiied changes and vro awng Tertani wilt,.ars sgporturaily to make wTdiart COmatts eats. The:t52.ilricrih—shirts ixinsider residerr m-rsenls 'oeicrs the vroz;aseti charifiais bec arrie e€tectree, 4 i.. hraisCtL�er r��E7f,i5 A: Severability, Ef any prcvisicri of tit*Lease is founC to oe void,vrientorteowe c•i0egw° Inert trim rematrimg tsrovisso s snali rematri in affect, S. No Representations or Warranties;. Nedhm the±putt orav nor any of tz aratoio ees rias niatle any s prase^ia4aurS other than;nixie=htaamr±G a,this Daae G, Entire Agreement. 'his Lease.ariv amen C.M^ms neret:enc c'$it,'t,t�Ct,iST4E.nts=r1LtaC;toro�ll:w nwemr.by referer:Me:oanatitute the en im agrepment bet>treer:me aamms. C. Construction. The various neaanrYv ane gtouxcings os me arowsions of this Lease<.re icr=rrzamaarsce and reform—c ont'ant:are m no way Inbentiet anc S*1,91.rot:)a CtInsiloe t to t^^si;or YhC-naa:iinr or anoliC}317f n a, any cil Ida orovisiDritt tG wrimm tne-i'efar. S. Attorneys r-ee$. Irs ariv Legal w"'c?iom to eTn rce Lease,eflcn party crib:Ms':',:.MM G:ctt lmvY,tees. "`inc vrevoilint,5 p3 rtv stlari recmer court Casts. No Waiver, "t'4t,Aulh.wav s ta+iiurtto inutsl in an;— or more insla3rk='ixor;.rile s't.v ri se *ance Vit'rhe termi;,,of?he tease s*;ai.nc'Roe=risideren a'ddsatvw be,"if:dtU tontv'S s ;'.t X:nafS��:n:a`tG wnforce;tie prvwisicres of file Lease. `!,e kuthcat'si-all no;waive to enforce the Lease c;,"SSn. C.ria-Irii„2.,.,c'ocs so>;n I+ Si„G .;:u,.6a,"i.y an aulhorizar:.u`d,Gt@;.it C'the-kxric,rny. �"tit,re,.,,,�::J.Y .i"t27rii:'a"n3nr<,evan tv'tGh.kr't"),mecae C`irle oreac":G.arr.,coverian;y;i;.=4itiott ri' rL'".12,�,�,a,.r.,.`tn' crm ;a Waive cli txry creac"I o'ar+'clht'b�reacfi. Azc:epmnce.w",rtfit cy:tie Authcrii4 tol*wt.^.r iiCemcn Lit V"hide 0:ttantria36;n GE tenwi.W:srdri?t tacit De oeerned a'.'+°l"noraww pr.o.Ie r!cLI>w'.E."'u<"-n 44atYq^Y ti' tle k,.tmoot.}a ; :r`t:I-- "rka;r; ceased ptrernmem, Admissions &Continued occupancy Po(icy Presented to tete Board of Commissioners on Sept.21,2004 HOUSING AUTHORITY OF THE COUNTYOF CONTRA COSTA 13-12