HomeMy WebLinkAboutMINUTES - 07121988 - 1.127 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS DATE: June 22, 1988
FROM: cc:
Perfecto Villarreal , Executive Director
SUBJECT:
REVISION OF STATEMENT OF POLICIES AND PROCEDURES GOVERNING
ADMISSION TO AND CONTINUED OCCUPANCY OF THE PUBLIC HOUSING
PROGRAM AND GOVERNING THE ISSUANCE OF RENTAL ASSISTANCE
UNDER THE VARIOUS SECTION 8 PROGRAMS OPERATED BY THE
HOUSING AUTHORITY
I . RECOMMENDED ACTION:
APPROVAL of Revised Statement of Policies and Procedures governing admission to
and continued occupancy of HUD Aided Low Rent Housing and Governing receipt of
applications, establishment of a waiting list and issuance of certificates of family
participation and housing vouchers for the Section 8 programs of existing housing and
moderate rehabilitation administered by the Housing Authority, as recommended by the
Advisory Housing .Commission.
II. FINANCIAL IMPACT:
None.
III. REASONS FOR RECOMMENDATION/BACKGROUND:
On January 15, 1988 the U. S. Department of Housing and Urban Development (HUD)
issued federal regulations concerning the granting of federal preferences in the
provision of housing assistance to families eligible for the public housing and
Section 8 programs funded by HUD. The federal regulations require all housing
authorities to revise their policies and procedures to include the federal
preferences by July 13, 1988. In addition, the Housing Authority has been advised by
HUD that the agency should convert to a centralized waiting list for the public
housing and Section 8 programs.
The Statement of Policies and Procedures for the public housing and Section 8
programs have been revised to include the required HUD- regulations and directives.
In addition, some other changes have been incorporated in the revised policies and
procedures. The major changes are the following:
CONTINUED ON ATTACHMENT: YES SIGNATURE: �t✓n�ti
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON JUL 1 2 F988 APPROVED AS RECOMMENDED 1 OTHER
VOTE OF COMMISSIONERS
X..._ UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS A TRUE AND
AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD
OF COMMISSIONERS ON THE DATE SHOWN.
CC: County Administrator ATTESTED JUL 12 1989
Housing Authority Phil Batchelor. Clerk of the
County Counsel Board of Commissioners
M3e2/7-e3 8Y DEPUTY
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Board of Commissioners
June 22, 1988
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1. Establishment of federal preferences.
2. Establishment of a county-wide waiting list for the public housing and
Section 8 programs.
3. Establishment of a unit transfer policy.
4. Establishment of Plan A - one choice - system of offering public housing
vacancies to applicants on the waiting list.
5. Establishment of a preference for every 10th tenant selection in the public
houisng program to achieve the HUD mandated broad range of incomes policy.
6. Provision of elderly person/family preference for tenants selected to live
in the senior citizen complexes operated by the Housing Authority.
7. Establishment of.' an Independent Living Assessment policy and procedure for
senior citizen and disabled applicants.
8. Establishment of revised procedures in closing of the public housing and
Section 8 waiting lists. .
At a Special Meeting on June 21, 1988 the Advisory Housing Commission voted to
recommend adoption of the revised Statements of Policies and Procedures to the Board
of Commissioners subject to consideration of possible revisions after the receipt of
comments from the public during a required 30-day public comment period.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect to not adopt the revised Statements of
Policies and Procedures by July 13, 1988, the Housing Authority would fail to be in
compliance with HUD-mandated federal regulations concerning admission and continued
occupancy of the public housing program and governing the issuance of rental
assistance under the various Section 8 programs operated by the Housing Authority.
This non-compliance could result in HUD sanctions against the Housing Authority.
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HOUSING AU-14-10IZITY
' of tits
COUNTY. Of-, C'ONTIkA COSTA
3133 ESIU(IIIIo Stroet P.O. Dux 2759 Marlinez, California 94553
STATEMENT OF POLICIES GOVERNING ADMISSION TO
' AND CONTINUED OCCUPANCY OF HUD AIDED
L014—RENT HOUSING OPERATED BY THE
HOUSING AUTHORITY OF TIME
' COUNTY OF CONTRA COSTA
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' PHA
JULY-1988 _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ _ 9.0
' TABLE OF CONTENTS
' SECTION PAGE NO.
' I . Eligibility for Admission and Processing of Applications 1
A. Nondiscrimination 1
B. Marketing 2
t C. Eligibility for Admission 2
D. Processing Applications for Admission 3
E. Management of the Centralized Waiting List 6
' F. Screening and Tenant Selection Criteria/ 10
Suitability for Admission
G. Preferences for Tenant Selection 11
' H. Broad Range of Incomes 24
I . Bedroom Occupancy Standards 25
J. Leasing of Dwelling Units 21
K. Unit Transfers 28
II . Tenant Selection and Assignment Plan 30
' A. Organization of the Waiting List 30
B. Method of Applicant Selection 30
' C. Justified Rejection of a Unit 30
III . Continued Occupancy and Periodic Re-examinations 32
' A. Eligibility for Continued Occupancy 32
B. Regular Re-examinations 32
C. Special Re-exam inations 32
' 0. Re-examination Procedures 32
E. Action Following Re-examination 33
' IV. Establishing Rents between Admission and First Re-examination 33
and Between Scheduled Re-examinations (Fixed Rent System)
' A. Rent Decreases and Adjustments 33
B. . Effective Date of Adjustments 35
C. Failure to Report Accurate Information 35
' D. Management Errors in Computation and Failure to Process 35
' V. Lease Termination Procedures 36
A. Notice Requirements 36
' B. Recordkeeping Requirements (Terminations/Evictions) 36
' PHA
JULY-1988 _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ _ 9.0
' TABLE OF CONTENTS
SECTION PAGE NO.
VI . Tenant-Paid Utilities_ 37
VII. Security Deposit 37
VIII . Pets 37
IX. Rent Collection Policy 38
' A. Informing Tenants of Policy 38
B. Payment of Rent 38
C. Penalty for Non-Payment 39
D. Partial Payment 39
E. Repeated Non-Payment 39
X. Definitions and Procedures to be Used 39
in Determining Income and Rent
' A. Annual Income 39
B. Items Exluded from Annual Income 41
C. Annualizing Income 43
0. Anticipating Annual Income 44
E. Adjusted Income 44
F. Verifying Annual Income 46
' G. Rent Computation 47
XI . Definition of Terms Used in this Statement of Policies 48
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JULY_19t3ti _ _ _ _ _ _POLICY. AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ 9.0
' STATEMENT OF POLICIES GOVERNING ADMISSION TO AND
CONTINUED OCCUPANCY OF THE HUD-AIDED LOW-INCOME
' HOUSING PROJECTS OWNED AND OPERATED BY THE
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
I. ELIGIBILITY FOR ADMISSION AND PROCESSING OF APPLICATIONS
' A. NONDISCRIMINATION
The Housing Authority shall not discriminate because of race, color,
creed, age, sex, handicap, religion, or national origin in the leasing,
rental , or other disposition of housing or related facilities (includ-
ing land) included in any project or projects under its jurisdiction
covered by a contract for annual contributions under the United States
Housing Act of 1937, as amended, or in the use of occupancy thereof.
' The Housing Authority shall not on account of race, color, creed, age,
sex, handicap, religion, or national origin:
' 1. Deny to any family the opportunity to apply for such housing,
nor deny to any eligible applicant the opportunity to lease
such housing suitable to its needs;
' 2. Provide housing which is different than that provided others;
3. Subject a person to segregation or disparate treatment;
4. Restrict a person' s access to any benefit enjoyed by others
in connection with the public housing program;
' 5. Treat a person differently in determining eligibility or other
requirements for admission;
' 6. Deny a person access to the same level of services; or
7. Deny a person the opportunity to participate in a planning or
advisory group which is an intergral part of the public housing
pruyra�n. l7,lii:i. l i(Ev-2)
' The Housing Authority shall not automatically deny admission to a
particular group or category of otherwise eligible applicants (e.g. ,
unwed mothers, families with children, elderly person(s) or families
' whose head or spouse is a student) . Each applicant in a particular
group or category will be treated on an individual basis in the
normal processing routine.
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JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ 9.0 _
' A. Nondiscrimination .(cont'd)
' The Housing Authority records with respect to applications for
admission to any low-income housing assisted under the United
States Housing Act of 1937, as amended, shall indicate for each
application the date and time of receipt; the determination of the
Housing Authority as. to eligibility or non-eligibility of .the
applicant, where eligible, the unit size for which eligible, the
preference rating, if any, and. the. date, location, identification,
and circumstances of each vacancy offered and accepted or rejected.
' B. MARKETING
' The Authority will conduct outreach in an effort to obtain and
maintain a well-balanced application pool . Outreach efforts will
take into account the level of vacancy in the Authority' s units,
unit availability through turnover, and waiting list characteristics.
The Authority will periodically assess these factors in order to
determine the need and scope of the marketing effort.
' Marketing efforts will be designed to attract applicants from
appropriate segments of the lower and very low income population.
The Authority will use its marketing program to achieve a more
representative income mix of lower income families among those on
the waiting list and thereby attain a broad range of income in its
projects as required by Federal Law (7465.1 REV-2, Para.5-3(b)(2) (a)) .
C. ELIGIBILITY FOR ADMISSION
' Only the following applicants will be admitted:
1. Woo qualify as a family, defined as:
' Two or more persons regularly living together, related by
blood, marriage, adoption, guardianship or operation of law;
or an Elderly family, Displaced Person or remaining member of
a tenant family. Members temporarily absent will be considered
a part of the family group for purposes of income and rent.
Foster children and live-in aides may reside with a family
' provided prior written approval has been granted by the
Housing Authority, but under no circumstances shall they have
any right to the unit as the remaining member of a tenant family.
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JULY 1988 POLICY AND PROCEDURE MANUAL 9.0
C. Eligibility for Admission (cont'd)
2. Whose Annual Income at the time of admission, does not exceed
income limits for occupancy established by the Department of
Housing and Urban Development, and posted separately in
Authority offices. The Lower Income Limits defined in these
policies are applicable to new admissions at all Housing
Developments, except for CA110015, Elder Winds. (For all
other projects the date of full availability is prior to
10/1/81. See 7465.1 REV-2 Para. 3=2a. )
The Very Low Income limits as defined in these policies
are applicable to new admissions to the following project:
CA110015 - Elder Winds. Whose date of full availability
is after 10/l/81. )
NOTE : While Foster Children and Live-in Aides shall be used
in determining the appropriate.-sized unit for an applicant
family, they will not be included in determining the appro-
priate income limit.
D. PROCESSING APPLICATIONS FOR ADMISSION
1 . Applications
a. An Application must be completed and signed b the head
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of the household and/or spouse, and other responsible
adult members present at the application interview.
b. Applications may be filed at any of the Authority' s
management field offices, but information relating to
family name, address, and composition, appropriate
bedroom size, preference category and time and date of
application shall be forwarded to the Central Office,
where the Authority' s county-wide waiting list shall be
maintained, and unit assignments for new admissions and
transfers shall be processed. At the time of application,
families shall be advised that .they are applying for a
unit from Contra Costa County Housing Authority, not a
unit at the complex where their. application is being
taken.
C. At the time the application is taken, Authority personnel
will interview the applicant and complete the following
checklists:
° Annual Income Checklist
° Asset Checklist
° Allowance Checklist
° Federal Preference Checklist
° Independent Living Assessment Checklist (as applicable)
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' JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ 9.0 _
D. Processing Applications For Admission (cont'd)
d. At the conclusion of the application interview, applicants
will be provided with a letter advising them of the follow-
ing factors relating to their, application for housing:
° A preliminary determination of their eligiblity/non-
' eligibility for a unit at the Authority, based solely
on the information supplied at the interview and on
the various checklists.
1 ° A preliminary determination of their qualification for
a Federal Preference, based on responses to the Prefer-
ence Checklist. The applicant' s signature on the check-
list shall be considered a certification that all state-
ments contained therein do represent, truthfully and
completely, the family' s circumstances at that time.
' ° A reminder that all information relating to eligibility,
income, allowances, Federal Preferences, and suitability
will be verified before the family is permitted to move
' into a unit.
e. Before leaving the interview, applicants will be required
' to sign a release for information needed to determine
final eligibility, Annual and Adjusted Income, qualifica-
tions for Federal Preferences, and tenant suitability.
(7465.1 REV-2, par. 2(b)(4)
2. Centralized Application Waiting List
The application will be placed on a centralized, county-wide
waiting list based on the size and type of unit required,
Federal and/or Local Preferences for tenant selection, and
the time and date of application filing. Applicants will
then be notified of how long they may reasonably expect to
be on the waiting list before getting to the top.
3. Verification Process
' All information relative to income, eligibility and rent,
net assets, screening and preference rating will be verified,
documented and recorded in the applicants file in accordance
' with the following:
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JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ 9.0
' D. Processing Applications For Admission (cont'd)
a. As families approach the top of the centralized
waiting list (approximately 90 to 120 days prior
to being offered a unit) , the following items will
be verified to determine the applicant' s final
' eligibility and suitability for admission to the
Authority' s housing:
° Eligibility Information
Annual Income
° Assets and Asset Income
° Allowance Information
° Federal Preferences
° State/Local Preferences
Information used in Tenant screening
' At this same time, applicants will be notified that
they will be considered for admission in about 90
t to 120 days, and that they should begin to save money
to pay for the costs associated with moving, should
they be accepted for an Authority unit.
' b. Documentation obtained as part of the verification process
may include: Checklists completed as part of the inter-
view process, reports of interviews, letters or telephone
' conversations with rel.iable sources. At a minimum, such
reports will indicate the date of the conversation, source
of the information, name and job title of the individual
contacted, and a written summary of the information received.
c. . Sources of information may include, but are not limited to:
The applicant by means of interviews or home visits;
' present or former landlords, present and former employers,
family social workers, parole officers, court records,
drug treatment centers, clinics, physicians, clergy or
police departments where warranted by the particular
circumstances.
d. Annual Income used to determine eligibility and
adjusted income, used to compute rent must be
verified.
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JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ 9.0
D. Processing Applications For Admission (cont'd)
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' e. Acceptable forms of verifications may include:
Third Party written;
° Third Party oral with a record kept in the file;
' ° Copies or review of documents provided by the
fami ly;
In the absence of any of the above; affidavits
' from the family.
f. Information verified shall remain valid for the
' following periods of time-
0 Information not subject to change need only
be verified once;
' Information subject to change shall be valid,
beginning from the date of receipt at the
' Authority, for an initial period of 90 days.
The valid term of this information may be
extended. an additional 30 days through a
follow-up phone call . (Should the follow-up
be performed, the file must be notated to
indicate such an action was taken. )
' E. MANAGEMENT OF THE CENTRALIZED WAITING LIST
1. Closing the Waiting List:
' In order to maintain a balanced application pool , the. Authority
at its discretion, may restrict application taking, suspend
' application taking, and close the waiting list in whole or in part.
The Authority will also update the waiting list by removing the
names of those who are no longer interested or no longer qualify
for housing. If the Authority has too many applications, it
may elect to: (7465.1 REV-2 par. 2-3) .
a. close the waiting list completely;
' b. close the list during certain times of the
year; or
c. restrict intake by type of project, or by
size and type of dwelling unit.
Decisions about the waiting list will be based on the number
of applications available for a particular size and type of
' unit, the number of applicants who qualify for a Federal
Preference, and the ability of the Authority to house an
applicant in an appropriate unit within a reasonable period
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JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ 9.0
E. Management of Centralized Waiting List (cont'd)
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' of time. Closing the waiting list or restricting intake in
any way will be publicly announced.
r During periods when the waiting list is closed, the Authority
will not maintain a list of individuals who wish to be notified
when the waiting list is reopened.
rAlthough the Authority may not be accepting additional applica-
tions for tenancy because of the length of the waiting list,
the Authority may not refuse to place an applicant on the
waiting list if the applicant is otherwise eligible for
assistance and claims that he/she qualifies for a Federal
Preference; except that the Authority may refuse to place
such an applicant if the following conditions exist:
a. There is an adequate pool of applicants already on the
r waiting list who are likely to qualify for a Federal
Preference; and
b. It is unlikely that under the Authority's system for
applying the Federal Preferences that the applicant
would qualify for assistance before other applicants
on the waiting list.
The' determination in (b) above is based on the system for
applying the Federal Preferences as described in these
' policies, the preference or preferences claimed by applicants
already on the waiting list, and the preference or preferences
claimed by the subject applicant.
2. Determining if the waiting list may be closed:
The Authority will use the following method to determine whether
' the waiting list may be closed:
a. The Authority will compute the average number of move-ins
per year, by bedroom size, over the past 5 years. The average
number will be multipled by 90%. (24 CFR 960.211(b)(2) (ii )
' b. The waiting list will then be examined to determine how
many applicants there are in the "top priority" category,
established by the Federal Preference System employed by
the Authority and the Federal Preferences for which
' applicants on the waiting list qualify.
NOTE : The "top priority" category at the Authority is;
Families of Veterans or Servicemen who qualify for
one or more of the Federal Preferences.
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JULY 1988 _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ — _ _ _ _ 9.0
E. Management of Centralized Waiting Lists (cont'd)
' c. If, for any given bedroom size, the number of "top
priority" applicants is less then 90% times the average
number of move-ins per year, the waiting list for that
bedroom size may not be closed.
' d. If, for any given bedroom size, the number of "top priority"
applicants is equal to or greater than 90% of the average
' number of move-ins per year, the waiting list for that
bedroom size may be closed, because the average wait of a
new applicant in the "top priority" category would. be more
than one year. (7465.1, REV-2, 2-3(3))
e. If at an point after the waiting list for given bedroom
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size has been closed, the number of applicants in the "top
t priority" category drops below 90% of the average number
of move-ins per year, the Authority will re-open the waiting
list for that bedroom size and begin to take. new applications.
' 3. Notifying Families Currently on the Waiting List of the
Federal Preferences
' a. The Authority shall notify all families already on the
waiting list at the time of implementation of these policies
that they may qualify for Federal Preferences and will request
that families complete a Federal Preference questionaire,
certifying to their qualifications, or lack thereof, for
a Federal Preference. Such families will be requested to
return the completed questionaire in a self-addressed,
stamped envelope to the Authority, which the Authority
shall provide for that purpose. Once all questionaires
have been returned, and the responses processed, applicants
shall be notified of any changes in their status on the
waiting list. The Authority is under no obligation to
carry out this notification in a mass mailing effort, but
may choose to carry out the notification on a piecemeal
basis. Notification will be performed in order beginning
with the earliest date of application on up to the present. ,
(24 CFR 960.211 (a)(2) (i )) .
b. Except for the 10% of move-ins exempted from the Federal
Preferences, no units will be offered to any applicants
not in the "top priority" category until all applicants
already on the waiting list at the time of implementation
of this policy have been notified of the Federal Preferences,
and given a chance to qualify.. Likewise, no families
applying after the policy' s implementation shall be offered
a unit until all families already on the waiting list have
been notified of the Federal Preferences and given a chance
to qualify. (24 CFR 960.201 (b)(2))
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' JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ 9.0 _
E. Management of Centralized Waiting List (cont'd)
4. Change in Preference Status While on the Waiting List
Occasionally, families on the waiting list who did not qualify
for a Federal Preference will experience a change in circum-
stances that qualifies them for a Federal Preference. In such
' instances, it will be the family' s responsibility to contact
the Authority, so that a certified statement of their qualif-
ication for a Federal Preference may be obtained.
Once the family' s certification has been obtained, their place
on the waiting list will be re-determined, in accordance with
' the Federal and Local Preferences. for which they qualify, and
the time and date their application was originally filed. The
family will then be informed in writing of how the change in
status has affected their place on the waiting list.
(24 CFR 960.211 (c) (2))
5. Removal of Applicants from the Waiting List
The Authority will not remove an appliant' s name from the
waiting list unless:
' a. The applicant requests that the name be removed.
b. The applicant has failed to advise the Authority of his/
her continued interest in public housing. The PHA requires
applicants to .notify the Authority of continued interest
on a yearly basis. This includes advising the Authority of
any change in family status, change in preference status,
or, change in living or mailing address.
c. The Authority has made reasonable efforts to contact the
' applicant to determine continued interest but has been
unsuccessful ; correspondence to the latest address will
constitute documentation of reasonable effort to contact
' the applicant.
d. The Authority has notified the Applicant of its intention
to remove the Applicant' s name because the applicant no
longer qualifies for public housing.
e. The Authority has made reasonable efforts to contact the
applicant to either schedule interviews necessary to
complete the application process, or obtain information
necessary to process the application, and the applicant
has failed to respond, or provide the information requested
by the Authority.
f. When an applicant fails to keep a scheduled interview or
fails to provide the Authority with the information
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JULY 1986 POLICY AND PROCEDURE MANUAL 9.0
1 E. Management of Centralized Waiting List (cont'd)
that is necessary to process the application, the Authority
will notify the applicant in writing that he/she has 10
' working days within which to reschedule the interview or
provide the needed information. If the applicant fails
to respond within that period, the application will be
withdrawn from the waiting list.
The Authority will consider mitigating circumstances such
as health problems or lack of transportation in determining
if the application should be withdrawn. '
g. The applicant fails to pay an outstanding balance owed
' to the Authority or fails to meet the home visit require-
ments, or fails to pass the Tenant Selection Criteria
in any way. (Applicants who have their applications
withdrawn because of the reasons cited in this para-
graph will be sent a Notice of Rejection in accordance
with these policies. )
' F. SCREENING AND TENANT SELECTION CRITERIA/SUITABILITY FOR ADMISSION
' 1. The Screening Process
Information to be considered in completing tenant screening
shall be reasonably related to assessing the conduct of the
applicant family in present or prior housing. The history of
family conduct must demonstrate that the applicant family did
not:
° Interfere with other tenants, staff or the
general public in such a manner as to diminish
' their enjoyment of the premises by affecting
their health, safety, or welfare;
° Adversely affect the physical environment or
financial stability of the project.
2. Information to be Considered in Screening
Relevent information with respect to habits or practices
to be considered in the screening process may include,
' but not be limited to:
a. An applicant ' s past performance in meeting financial
obligations, especially rent.
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JULY 198$ POLICY AND PROCEDURE MANUAL 9.0
F. Screening and Tenant Selection Criteria/Suitability for Admission (cont'd)
A former Authority tenant (otherwise eligible) who applies
owing a balance consisting of uncollected rent and/or mis-
cellaneous charges will not be considered for housing until
that balance is paid in full . In this case, the Authority
takes no distinction between an outstanding balance carried
as a current receivable and an outstanding balance which
has been written off as a collection loss.
Otherwise eligible families. who apply for housing with an
outstanding balance owed to the Authority may still be placed
on the waiting list. Such families must pay any balance
owed the Authority prior to admission._ Failure to pay prior
to admission will result in the application being withdrawn
from the waiting list. Applicants who have their applica-
tions withdrawn because of failure to pay an outstanding
balance will be sent a written notification regarding
this action.
b. A history of disturbance of neighbors, destruction of
property, or living or housekeeping habits at prior
or present residences which may adversely affect the
health, safety, or welfare of other tenants or neighbors.
c. A history of criminal activity on the part of any applicant
family member involving crimes of physical violence to
persons or property or other criminal acts which affect
r the health, safety, or welfare of other persons. Other
criminal acts may include but are not limited to:
" ilrrea or conviction for drug-related offenses
Organized gambling activities
d. If an applicant, as a former resident in subsidized housing,
was involuntarily compelled to terminate a lease for reasons
listed in (b) and (c) above, the applicant may not be
considered for housing again within a period of five years
from the involuntary termination date. (In applying this
restriction the Authority will consider evidence of rehab-
ilitation presented with any application submitted during
the five year period. )
' e. Applicants must be able to demonstrate the ability to live
independently. Applicants may be required to successfully
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JULY 1988 POLICY AND PROCEDURE MANUAL 9.0
' F. Screening and Tenant Selection Criteria/Suitability for Admission (cont'd)
complete the independent living assessment as outlined
in Section 3 below.
f. Home visits will be performed only after all other factors
relating to the family' s eligibility, preference status,
and suitability have been verified and found to be acceptable.
Home visits shall inspect for:
° Conditions in living room, kitchen (food preparation
and clean-up) , bathrooms and bedrooms
Conditions of entrance-ways, halls, and yard
Cleanliness in each room
' ° General care of furniture, appliances, fixtures,
windows, doors, and cabinets
° Evidence of destruction or tenant abuse
° Tenant contributions to hazardous conditions
Upkeep of the exterior of the unit and premises; in
particular, accumulation of refuse and abandoned autos.
All applicants shall have one week' s advance notice of home
visits. The Authority shall request on the notice, 48 hours
advance notice, if the scheduled time for the home visit
poses a hardship for the applicant. Home visits will only
be re-scheduled once.
Applicants who fail the home visit or fail to keep a
scheduled appointment will be sent a Notice of Rejection
in accordance with these policies. These applicants will
be considered ineligible for a period of one year. After
the one year period has expired, the family may re-apply
for housing subject to the conditions described in this
policy.
3. The Independent Living Assessment
a. As part of the independent living assessment for elderly/
disabled families, the Authority will make a preliminary
determination of the applicant' s ability to live independ-
ently.
This preliminary assessment will check the applicant' s
ability to perform simple domestic chores (e.g. , cooking,
cleaning, shopping, and to maintain an independent life-
style. if this preliminary home assessment raises questions
about the applicant' s ability to live independently, the
Authority may seek third party assistance to determine
what local support services are available to assist
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F. Screening and Tenant Selection Criteria/Suitability for Admission (cont'd)
the family. The Authority will consider the impact this
support has on suitability for admission.
b. Elderly/Disabled Applicants for Authority units must
complete a "Household Assistance Agreement." If the
applicant loses the ability to live independently while
a resident in an Authority unit, the Agreement designates
a relative or other appropriate third party as a support
person.
c. The responsibilities of the Support Person(s) named in
the Agreement are to assist the tenant, by direct aid
or in conjunction with others, to live independently.
In the event the Tenant is no longer able to live in
t the unit, the Support Person will work with the Authority
to relocate the tenant to the appropriate care facilities.
' 4. Mitigating Circumstances
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; for example:
° Evidence of rehabilitation; or
° Evidence of the applicant family' s participation in
or willingness to participate in social service or
other appropriate counselling service.
5. Additional Screening Considerations
a. Applicant households with an involuntary displacement
preference due to actual or threatened physical violence,
as defined in these policies, will be considered eligible
for admission in accordance with the tenant screening
criteria, but the person(s) in the household who engage
in such violence will not be admitted as part of the
household. Verification of involuntary displacement
due to actual or threatened physical violence shall be
sufficient under these tenant screening criteria to
preclude the admission of person(s) engaging in such
violence.
b. Where applicants have been verified to be involuntarily
displaced by a disaster, such as fire or flood, the
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F. Screening and Tenant Selection Criteria/Suitability For Admission (cont'd)
Authority will attempt to obtain information from the
agency or unit of local government supplying the third-
party verification on the nature and cause of the disaster
displacing the family.
Where the verifying agency states that the displacement
was caused 'by intent or negligence by a member of the
applicant' s household, the Authority will deny admission
to the family in question.
c. If an applicant household qualifies for a preference based
on the definition of a homeless person as contained in the
' Federal Substandard Housing Preference, the Authority will
not admit such person(s) if they are:
° in a facility that provides a temporary
residence for individuals intended to be
institutionalized in more permanent living
accomodations; and
° the applicant has a verifiable date for the
move to the institution.
d. Applicants who. meet the definition of homeless in accordance
with the Federal Preference critiera must still be eligible
as a family, as defined in these policies, and meet the
Authority' s Tenant Selection and Screening criteria, as
outlined in these policies. The Authority does not intend to
relax the goal and intent of using Agency housing as perma-
nent, residential housing, as opposed to stop-gap, temporary
housing, or housing of last resort. .
e. An applicant' s falsification, misrepresentation, or conceal-
ment of information relating to the Federal Preferences or
other tenant eligibility will be considered grounds for
denying admission to the Authority' s housing.
' f. All screening criteria contained in this policy shall be
applied to all applicants.
' g. Verified information will be analyzed and a final deter-
mination made with regard to:
° Eligibility of the applicant as a family
Eligibility of the applicant with respect
to income limits for admission
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F. Screening and Tenant Selection Criteria/Suitability for Admission (cont'd)
' ° Unit size required for the family
° Preference category to which the family belongs
6. Notification Regarding Eligibility/Ineligibility
for Federal Preference
Applicants will be informed of their verified status with one of
the following letters:
a. Applicants who qualify for one or more of the Federal
Preferences will be sent the letter headed "You have
been verified to qualify for the following Federal
' Preferences".
b. Applicants who have been determined not to qualify for
a Federal Preference will be sent the letter headed
"You do not qualify for a Federal Preference because. . ."
(24 CFR 960.211 (k) )
Such applicants will be given 10 days to set up an infor-
mal meeting to discuss the rejection of their Federal
Preferences and will be advised of their right to due
process in a court of law if they feel the decision was
based upon illegal discrimination. The informal meeting
may be conducted by the Authority employee who denied
the Federal Preferences and one other Authority employee.
At the informal meeting, tyle Authority is under no
obligation to justify or deny either its definitions
' of the Federal Preference categories, or its verification
requirements relating to the Federal Preferences. The
Authority need only justify its decision to award or deny
tyle preferences. (CFR 960.211 (k))
7. Eligible and Ineligible Applicants
' a. Eligible applicants will be offered a suitable unit, as
soon as one is available, and they reach the top of the
1 waiting list.
b. The Authority will make every effort to estimate accurately
an approximate date of occupancy. However, the date given
' 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 Authority, such as; turnover rates
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' F. Screening and Tenant Selection Criteria/Suitability for Admission (cont'd)
t
and market demands as they effect the bedroom sizes and
project location.
c. Applicants determined to be ineligible or unsuitable for
admission will be promptly notified. These applicants
1 will receive a Notice of Rejection from the Authority,
stating the basis for such determination. The Authority
shall provide such applicants with an opportunity for
' an informal review of the determination. The applicant
must contact the Authority in writing within ten (10)
working days of receipt of such determination. Upon
' receipt of the applicant' s written request, the Authority
shall schedule an informal hearing. The hearing shall be
scheduled within the 30-day period following the determina-
tion of ineligibility/unsuitability.
' d. The Notice of Rejection must include the above information
plus a description of the informal hearing process. During
the hearing the applicant family will be afforded an oppor-
tunity to present evidence with respect to:
' ° information that affect eligibility issues
° information pertaining to rehabilitation in
the area of Tenant Selection or Screening
' (suitability).
The informal hearing will conform to the following due
process requirements:
• If the decision to deny admission is based on allegations
' by a third party, the Authority will attempt to have the
third party present.
° The PHA employee who made the decision must be present
to provide available facts, and for questioning.
° The hearing must be conducted by an employee .of the
Authority who did not participate in the decision
and who is not directly involved in the day-to-day
administration of the program.
° The decision must be based solely on evidence presented
at the hearing.
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1 F. Screening and Tenant Selection Criteria/Suitability for Admission (cont'd)
1 ° The applicant has a right to inspect the file.
1 NOTE : The grievance procedures for public housing tenants
do not apply to Authority determinations affecting
applicants. Also the Housing Authority does not need
to provide an informal review for the following types
of determinations:
(1) To review discretionary administrative determinations
1 by the Authority, or to consider general policy issues
on class grievances.
' (2) To review the Authority' s determination of the number
of bedrooms necessary for the family.
e. Tile Housing Authority will retain information pertaining
1 to applicant eligibility/ineligibility for a period of
three years, or until audited by HUD.
G. PREFERENCES FOR TENANT SELECTION
1 1. A Preference does not guarantee admission. The applicant
must still meet the Authority' s tenant screening criteria
before being accepted as a tenant.
Preferences will be given to applicants who are otherwise
eligible and who, at the time informtion is verified, meet
the definitions of the preferences described below.
1 2. The following preference system will be applied in the selection
of applicants for admission:
' a. A preference for admission of elderly families shall be
granted, but only to those units specifically designed or
designated for elderly families.
1
1
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JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ 9.0
G. Preferences for Tenant Selection (cont'd)
An elderly family retains this preference over a non-elderly
family who both are being considered for admission to a pro-
ject for the elderly. The elderly family preference has
primacy even if the non-elderly family qualifies for one of
the Federal Preferences.
Thus, the order in which families are selected from the
waiting list for units designated for the elderly is:
' ° Elderly families with Federal Preferences-Veteran
° Elderly families with Federal Preference-Non-Veteran
° Elderly families with no Federal Preferences-Veteran
° Elderly families with no Federal Preferences-Non Veteran
Non-elderly families (in accordance with assigned
Federal Preferences)
' b. Federal Preferences for admission shall be granted to
applicant families whose verified circumstances at the
tune of being offered a unit (prior to execution . of a
' lease) correspond to one of the following definitions:
° Involuntarily displaced;
° Living in Substandard Housing;
° Paying more than 50% of family income for rent.
The Authority has chosen to assign each of the three Federal
Preferences an equal weight. The three preferences will
1 not be combined or aggregated in any manner. Applicants are
considered on the basis of any of the Federal Preferences
they can verify.
' c. The Authority recognizes a preference for families of Veterans
or Servicemen, as mandated by California State Law. See the
' definitions section of this policy to see how a family would
qualify for this preference.
1
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G. Preferences for Tenant Selection (cont'd)
r
' d. Order of Preference: All units except those that are
specifically designed and designated for the Elderly
will be assigned to applicants for admission in the
' following order:
r ° Families with Federal Preference-Veteran
° Families with Federal Preference-Non-Veteran
° Families with no Federal Preference-Veteran
° Families with no Federal Preferences-Non-Veteran
r
In addition to the above mentioned Order of Preference
the Authority will assign a preference for broad range
of income to every tenth applicant in accordance with
Section H of these policies.
r
3. Primacy of the Federal Preferences
a. Except for admission to elderly complexes as described in
2(a) above, applicants who qualify for a Federal Preference
will receive assistance before applicants who are not so
qualified. The Federal Preference for assistance shall
take precedence regardless of the non-Federal Preference
applicant' s qualifications with respect to State or local
r preferences established in these policies, broad range of
income goals, place on the waiting list, or date of the
application.
' b. Any move-in mandated by court orders related to desegrega-
tion .or Fair Housing and Equal Opportunity will take a
precedence over the Federal Preferences. (24 CFR 960.211
' (b)(3) and pg. 1131, 15 January 1988 Regulation)
1
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JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ __ _ 9.0 _
G. Preferences for Tenant Selection (cont'd)
4. Administration of Federal Preferences
a. The. Authority requires that applicants certify their quali-
fication for a Federal Preference at the time of application.
Final verification at the time of admission will be done by
the Authority prior to the execution of a lease.
b. At the time of initial application, the Authority will use
a Federal Preference checklist to determine whether families
I prospectively qualify for any of the Federal Preferences.
Only the families who certify to having qualifications for
a preference will be given that status on the waiting list.
c. Families that do not qualify for a preference at the time of
application will be notified in writing in accordance with
Section F. paragraph 6 of these policies. At the application
interview they will be advised to notify the Authority of
any change that may affect their ability to qualify for a
preference. If otherwise eligible, the family' s application
will then be placed on the waiting list in a non-Federal
Preference category.
d. Applicants that certify to Federal Preference at the time
of application but do not qualify for any Federal Preference
at the time of admission will lose the preference qualifi-
cation and their standing on the waiting list.
e. If an applicant has a Federal Preference for living in sub-
standard housing or involuntary displacement at the time of
application and obtains standard, permanent replacement
housing prior to the Authority' s verification at the time
of admission, the applicant will be denied the preference.
LLikewise if an applicant is no longer paying more than 50%
' of income for rent at the time they are considered for
admission, that preference would also be lost.
' f. At the time of admissions review--families that lose their
original Federal Preference may 'still qualify for one of the
other Federal Preferences and would not lose their position
on the waiting list.
g. At the time of admissions review--Applications for
families that cannot qualify for any of the Federal
Preferences will be moved into a non-Federal Preference
category, in a lower position on the waiting list based
on any applicable State/local preference, date and time
of application.
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JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ 9.0 _
G. Preference for Tenant Selection and Income Ranges (cont'd)
5. Qualifying for a Federal Preference
An applicant qualifies for a Federal Preference in accordance
with the following:
a. INVOLUNTARILY DISPLACED--The applicant has been involuntarily
displaced and is not living in standard, permanent replace-
ment housing or within no more than six months from the date
of any PHA verification the applicant will be involuntarily
displaced.
NOTE : An Applicant may not qualify for this preference if
they were a tenant family and refused to comply with
applicable program policies o,r procedures under the
1937 Housing Act with respect to the occupancy of
underoccupied and overcrowded units; or failed
to accept a transfer to another housing unit in
1 accordance with a court decree or in accordance
with the policies and procedures of a HUD-approved
desegregation plan.
b. LIVING IN SUBSTANDARD HOUSING--Applicants must be living in
substandard housing at the time of any verification by the PHA.
c. PAYING MORE THAN 50 . OF INCOME FOR. RENT--A family must be paying
more than 50% of income for rent at, the time of any verification
by the PHA.
NOTE: An applicant may not qualify for this preference if
he/she is paying more than 50% of income for rent
because the applicant' s assistance under the United
States Housing Act of 1937 or Section 101 of the
Housing and Urban Development Act of 1965 has been
terminated as a result of the applicant' s failure to
1 comply with program policies and procedures with
respect to occupancy of underoccupied and overcrowded
units.
d. The definitions for the Federal Preferences may be found in
the Definitions Section of this policy.
' 6. Required Verifications for the Federal Preferences
Applicants will qualify for the Federal ' Preferences to the extent
that their status is verified in accordance with the following
requirements:
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G. Preferences for Tenant Selection (cont'd)
a. Involuntary Displacement
(1) NATURAL DISASTER: For applicants claiming displacement
resulting from a disaster, such as fire or flood, the
Authority will require a third-party written verifica-
tion from a unit or agency of government certifying that
the applicant has been displaced or will be displaced
within the next six months, as a result of a disaster.
The Authority will ask the verifying agency to state the
cause of the disaster, if known, for the purposes of
conducting tenant screening. (24 CFR 960.211 (e)(1) )
(2) GOVEKNMENTAL ACTION: For applicants claiming displacement
resulting from code enforcement or a public improvement or
development program carried on by a governmental body or
agency, the Authority will require a third-party verifica-
tion from the appropriate unit or agency of government
certifying that the applicant has been moved or will be
moving in the next six months, as a result of code enforce-
ment or a public improvement or development program.
(24 CFR 960.211 (e)(2) )
(3) LANDLORD' S ACTION: For applicants claiming displacement
1 resulting from a landlord' s actions, the Authority will
require a third-party written verification from the land-
lord or the landlord' s agent, certifying that the appli-
cant has been displaced or will be displaced within the
next six months as a result of the landlord' s action.
For sucha verification to be considered valid, it must
indicate the reason for, or nature of the landlord' s
action, and include a certification stating that:
The reason for the action is beyond the applicant' s
ability to control or prevent;
° The action has happened or will be happening despite
I the applicant having met a previously imposed condition
of occupancy; and
° The action is other than a rent increase.
(4) ABUSIVE SITUATION: For applicants claiming displacement
pursuant to there being an abusive or threatening house-
hold member, the Authority shall require:
° The applicant to supply the name of the abusive or
threatening household member; and
1
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JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ 9.0
G. Preferences for Tenant Selection (Cont'd)
r
r ° An acceptable third-party written verification from
the court of competent jurisdiction, a clergyman, a
physician, or a public or private facility that provides
shelter or counselling to the victims of domestic violence.
(24 CFR 960.211 (e) (4) ) . Such a verification will not be
rconsidered valid unless it:
* Supplies the name of the threatening or abusive
household member;
* Describes how the situation came to the verifier' s
attention; and
* Indicates that the threats and/or violence are of
a recent or continuing nature.
b. Substandard Housing
(1) SUBSTANDARD UNIT: For applicants claiming to be residing
in substandard housing, the Housing Authority will require
a third-party written verification from a unit or agency
of government, of the applicant's landlord, indicating one
or more of the deficiencies outlined in the Definitions
Section of this policy. Where units or agencies of govern-
ment or the applicant' s landlord are unable or unwilling
to supply such verification, a PHA employee may verify that
the applicant' s housing is substandard, after having first
conducted an inspection of the applicant' s unit.
(24 CFR 960.211 (g) )
(2) HOMELESS: For Applicants claiming to be homeless, the
Authority will require:
° The applicant' s statement that he/she lacks a
fixed regular and adequate night-time residence,
and;
° A third-party written verification from a public or
private facility that provides shelter for homeless
individuals, or the local police department, or a
social services agency. certifying the family' s
homeless status in accordance with the r definition supplied in these policies. For individuals who
are homeless by virtue of having a primary night-
time residence for individuals intended to be
institutionalized the Authority will attempt to
ascertain whether such individuals have, in fact,
been prospectively placed in an institution, and
if so, the date set for institutionalization.
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JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ 9.0
G. Preferences for Tenant Selection (cont'd)
i
c. Paying more than 50% of Family Income for rent.
(1) For applicants claiming to be paying more than 50% of
family income for rent, the Authority will require the
following verifications: (24 CFR 9bO.211 (j ))
Complete verification of everything involved in
' determining Annual Income, including Net Family
Assets and Asset Income.
° Verification of rent due to the family's landlord
or cooperative under the lease or occupancy agreement
by reguiring the family to supply its most recent
rental receipts, or a copy of the family' s current
lease or occupancy agreement; or contacting the
landlord or cooperative directly.
° Cost of amortizing the purchase price of a manufactured
home will be verified by requiring the family to supply
copies of its most recent payment receipts, which may
include cancelled checks or money order receipts or a
copy of the current purchase agreement; or contacting
the lien holder directly.
' ° Tenant paid utilities will be verified by having
the family supply the appropriate bills or receipts;
or, obtaining the information directly from the
utility or service supplier.
H. BROAD RANGE OF INCOMES
1. Within the limitations imposed .by the Federaly Mandated
Preferences it is the policy of the Authority to avoid
concentrations of the most economically and socially
deprived families and to house families with a broad range
of incomes of lower income families in the area of operation
and with rent paying ability sufficient to achieve financial
stability of Public Housing units owned and operated by the
Authority. To accomplish this objective, studies will be
conducted at least annually to compile the following data:
° Actual distribution of incomes of all families residing
in the Public Housing units and average rent which is
being achieved from these families.
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JULY 1988 _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ 9.0
H. Broad Range of Incomes (cont'd)
r
' Average operating costs of the Public Housing units.
° Average rent required to meet the operating costs.
2. On the basis of the foregoing, two income ranges. will be
established to achieve a "broad range of incomes" goal of
a tenant body that consists of at least 25% lower income,
but not very low income families. In an effort to achieve
this goal , applicants without a Federal Preference, but
who will be admitted under the 10% exception rule will be
selected for available units in the manner described below:
a. The Authority may house lower-income applicants who do
' not qualify for any Federal Preference ahead of Federal
Preference applicantsrp ovided the number of applicants
so assisted does not exceed 10% of all families newly
admitted to the Authority' s housing in any one year
period.
b. To ensure compliance with the 10% rule and attempt to
' achieve the broad range of income goals every tenth
family admitted shall be a lower-income family that
does not qualify for a Federal Preference. This
means that as vacancies occur, and families are
r selected from the waiting list, every 10th family
selected shall be a lower-income family from the
Non-Federal Preference pool of applicants.
c. If at any time there are no applicants on the waiting list(s)
that qualify for the Federal Preferences, otherwise eligible
families admitted to units during such times will not be
counted against the 10% admissions limit established in this
section. The Authority will not hold units vacant for pros-
pective applicants with Federal Preferences, nor will it relax
eligibility or screening criteria to admit unsuitable appli-
cants with Federal Preferences.
rI. BEDROOM OCCUPANCY STANDARDS
The following standards will govern the ,number of bedrooms
required to accomodate a family of a given size and composition.
Reasonable exceptions to these standards may be made in case of
extreme emergency at the discretion of the Executive Director
or designee.
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JULY 1988 _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ 9.0 _
I . Bedroom Occupancy Standard (cont'd)
1. The standards as described below take into consideration the
minimum number of occupants for admission and the maximum
' number of persons for continued occupancy.
NUMBER OF PERSONS
No.of Bedrooms Minimum Maximum at Maximum for
' Move-in Continued OOccupancy**
1 1 2 3
2 2 4 5
3 3 6 7
4 4* 8 9
5 5** 10 11
* These situations assume a medical need for a separate
' bedroom.
** Families showing the maximums listed here shall be put
on the transfer list.
2. An unborn child will not be counted as a person.
3. Dwellings will be so assigned that:
a. It will not be necessary for persons of different genera-
tions or opposite sex, other than husband and wife, to
occupy the same bedroom. (An exception may be made for
infants and young children up to the age of two who are
of the opposite sex. )
b. For verified reasons of health (old age, physical
disability, etc. ), a separate bedroom may be provided for
an individual family member; and
c. The living room will not be. regularly used as a bedroom.
d. A single head of household parent shall not be required
to share a bedroom with his/her children.
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JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ 9.0
1
J. LEASING OF DWELLING UNITS
1
1. A lease agreement shall be signed by the head and/or spouse of
' the household accepted as a tenant family and by the Housing
Manager or other authorized representative of the Authority,
prior to actual admission. Other adult members of the house-
hold must sign the lease, as well , before one year has passed
' after move-in.
2. If a tenant transfers within or between the project(s) a new
' lease will be executed for the dwelling into which the family
moves.
3. If, at any time during the life of the lease agreement, a change
' in the tenant' s status results in the need of changing or amending
any provision of the lease, either:
' a. A new lease agreement will be executed, or
b. A Notice of Rent Adjustment will be executed, or
' C. An appropriate rider will be prepared and made a part of
the existing lease, or appropriate insertions made within
' the lease. All copies of such riders or insertions are to
be dated and signed by the tenant and by the Executive Director
or other authorized representative of the Housing Authority.
4. Only those persons listed on the most recent certification form
shall be permitted to occupy a dwelling unit, unless there is a
birth to a family member, or other addition authorized by the
' Authority' s designee in writing.
a. Family members over age 18 who move from the dwelling unit
to establish new households shall be removed from the lease.
These individuals may not be readmitted to the unit and must
apply as a new applicant household for placement on the waiting
list (subject to applicable income limits, preferences, tenant
selection, and screening requirements) . Medical hardship, or
other extenuating circumstances shall be considered in making
in making determinations under this paragraph.
' b. Overnight guests may be permitted in a dwelling unit, provided
they are reported to the Housing Manager within forty-eight
hours of their arrival or prior thereto. Visits not exceeding
' fifteen days may be authorized by the Housing Manager. Visits
of more than fifteen days shall not be authorized. Visitors
remaining beyond this period shall be considered trespassers
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JULY 1988 POLICY AND PROCEDURE MANUAL 9.0
J. Leasing of Dwelling Units (cont'd)
' and the tenant shall be guilty of a breach of the lease.
Repeated lengthy visits by the same guest will be considered
an attempt to subvert the lease.
C. Roomers and lodgers shall not be permitted to occupy a dwelling
' unit, nor shall they be permitted to move in with any family
occupying a dwelling unit.
d. Tenants will not be given permission to allow a former tenant
' of the Authority who has been evicted to occupy the unit for
any period of time.
' K. UNIT TRANSFERS
' Transfers will be made without regard to race, sex, color, creed, age,
religion, handicap, or national origin.
1. Transfers shall be performed on a county-wide basis, but will
always be done within the following guidelines:
a. If a unit of appropriate size or design is located in the
' complex where the family needing the transter is currently
residing, the family (barring emergency situations) will be
transferred to an appropriate unit within that same complex.
In this manner, the Authority shall attempt to avoid uprooting
families from friends, relatives, familiar surroundings and
work opportunities.
b. If a unit of appropriate size or design is not located in
the complex where the family needing the transfer is cur-
rently residing, the family will be transferred to an
appropriate unit in a different complex.
2. Tenants will not be transferred to a dwelling unit of equal size
within a site or between sites except to alleviate hardship of the
' tenant or other undesirable conditions as determined by the Executive
Director or designee.
' 3. Transfers shall be performed to address the following situations:
a. Medical need for a different unit (size or type)
' b. Over-crowding or under-crowding
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JULY 19818 _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ 9.0
' K. Unit Transfers (cont'➢
c. Unit safety issues or hazardous conditions (emergencies)
d. CIAP or maintenance-dictated situations.
I Transfers in categories (a) and (b) shall be performed on a one-
to-one basis with neva admissions. Transfers in categories (c)
and (d) shall always take precedence over new admissions. The
only temporary transfers shall be CIAP relocations.
4. Tenant Transfer Criteria
' a. Standard Routine Transfers--Over/under housed tenants may be
recommended for transfer at time of re-examination or interim
' redetermination. This is the only method used to determine
over/under housed status. Tenants will be informed that a
transfer shall be required and is pending. Interviewers will
record transfer requirements on individual forms in duplicate
for• each transfer, and submit a copy of the form to Central
Office for processing.
' Tenants who owe back rent or other charges, or show a pattern
of late payment will riot be considered for transfers (provided
that emergency conditions are not an issue) .
' ° Children of the same sex are expected to share a bedroom.
° When a female head of household, originally housed in a
bedroom by herself, has a child, that child may remain in
the parent' s bedroom until it it two years of age before
a transfer is recommended. (Exception: Husband returns
to unit or marriage takes place. )
b. Medical Transfer--Requests for medical transfer will be made
' to the Housing Manager. The Housing Manager will obtain the
necessary verification and/or documentation to substantiate
the need for a medical transfer. Whenever feasible, trans-
fers will be made within a tenant' s area. Medical transfers
may be initiated by the Authority (e.g. , moving a person with
mobility problems to a lower floor) .
c. Families will not be transferred during periods when eviction
proceedings have been inititated against them.
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K. Unit Transfers (cont'd)
d. Emergency transfers are permitted when unit conditions
pose an immediate threat to tenant health and safety,
as determined by the Authority.
e. Families may be reimbursed their out-of-pocket expenses
only for emergency and CIAP transfers mandated by the
Authority.
f. The Housing Managers have the responsibility to obtain
and document all pertinent information relative to a
request for transfer.
' II . TENANT SELECTION AND ASSIGNMENT PLAN
A. ORGANIZATION OF THE WAITING LIST
Each applicant shall be assigned his/her appropriate place on a
waiting list on a county-wide basis in sequence based upon date
and time the application is received, suitable type or size of
unit, and factors affecting preference or priority established
by the Authority' s policies, which are not inconsistent with
' the objectives of Title VI of the Civil Rights. Act of 1964 and
the HUD regulations and requirements pursuant thereto.
B. METHOD OF APPLICANT SELECTION
The plan for selection of applicants and assignment .of dwelling units
' to assure equal opportunity and non-discrimination on grounds of race,
color, creed, age, sex, religion, handicap, or national origin is as
follows: The Authority hereby establishes a plan in accordance with
HUD Regulations (Plan A per 7465.1 REV-2, Chapter 5, par. 5-7) under
which the eligible applicant first in sequence must accept the
vacancy offered or be moved to last place on the eligible applicant
list.
C. JUSTIFIED REJECTION OF A UNIT
' If an applicant presents to the satisfaction of the Authority clear
evidence that acceptance of the offer of a suitable vacancy will
result in undue hardship or handicap not related to considerations
of race, color, creed, age, sex, religion, handicap or national
origin, refusal of the offer shall not require that the applicant
be placed at the bottom of the waiting list.
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C. Justified Rejection of Unit (cont'd)
An applicant will be considered not to have been offered a unit in
the following instances:
.1. The unit is not of the proper size and type and the applicant
would be able to reside there only temporarily (for example,
a specially designed unit that is awaiting a handicapped appli-
cant needing such a unit) .
2. The unit contains lead-based paint, and accepting the offer
could result in subjecting the applicant' s children under
seven years of age to lead-based poisoning.
3. The applicant is unable to move at the time of the offer and
presents clear evidence which substantiates this to the
Authority' s satisfaction. Examples:
° a doctor verifies that the applicant has just undergone
major surgery and needs a period to recuperate;
° a court verifies that the applicant is serving on a jury
which has been sequestered.
NOTE : Since applicants will be notified approximately
four months in advance of their projected move-in
date, "not having the money" will not be considered
acceptable grounds for rejecting a unit.
4. Accepting the offer would make employment, day care, or
' medical facilities inaccessible.
5. Reasons 1 through 4 shall be the `only justified reasons an
applicant may reject a unit without going to the bottom of
' the waiting list.
Applicants sent to the bottom of the waiting list shall have their
applications time-stamped and re-dated to coincide with the time of
the unit rejection, and the application shall then be returned to
the waiting list, taking into consideration the new time and date,
preference category of the applicant and unit size and type required.
The Authority sha11 maintain a record of the units offered, including
location, date, and circumstances of each offer, and each rejection
Ior acceptance. The Authority will note the reason for any rejection.
Transfers to correct occupancy standards and alleviate medical
' problems will be performed on a one-to-one basis with new admissions.
Transfers to address emregency situations or perform major main-
tenance functions shall take precedence over new admissions.
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III . CONTINUED OCCUPANCY AND PERIODIC RE-EXAMINATIONS
A. ELIGIBILITY FOR CONTINUED OCCUPANCY
I At the time of annual re-examinations, an assessment shall
be made based on the family' s lease compliance during the
past year to determine whether they are suitable for
continued occupancy. If a family is determined to be
unsuitable for continued occupancy, they will be issued
a 30-day Notice of non-renewal of the lease and termina-
tion proceedings will be started.
B. REGULAR RE-EXAMINATIONS
The Authority shall , at least once a year., re-examine the
incomes of all resident families. The Authority reserves
the right to implement alternate re-examination schedules,
in the interest of evening out management workloads, so
long as no family goes more than 12 months without being
re-examined.
C. SPECIAL RE-EXAMINATIONS
Occasionally, at the time of admission or regular reexamina-
tion, a family' s circumstances will be such that it:
1. has no income, and no prospect of income; or
2. has a sole source of income of unemployment compensation.
' In such instances, a temporary determination will be made with
respect to income and a special re-examination will be scheduled
' every 60 days until the family' s economic circumstances stabilize.
The family wi l l be notified in advance as to the date of the . special
re-examinations.
D. RE-EXAMINATION PROCEDURES
1. At the time of re-examination, all adult members will be
required to sign an application for continued occupancy and.
other• required HUD forms.
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D. Re-examination Procedures (cont'd)
2. Employment, income, allowances, and such other data as. is deemed
1 necessary will be verified, and all verified findings will be
documented and filed in the tenant' s folder.
3. Verified information will be analyzed and a determination made
with respect to:
i a. Eligibility of the tenant as a family or as the
remaining member of a family;
b. Unit size required for the family;
c. Rent the family should pay.
4. Income shall be computed in accordance with the definitions
and procedures set forth in this policy.
5. Families failing to respond to the initial re-examination
appointment will be issued a final appointment within the same
month. Failure to respond to the final request will result in
the tenant being referred to the Housing Administrator for
' lease termination for failure to comply with the terms and
conditions of occupancy as indicated in the lease.
E. ACTION FOLLOWING RE-EXAMINATION
1. If there is any change .in rent, the lease will be amended,
' or a new lease will be executed, or a Notice of Rent Adjustment
will be issued.
2. If any change in the unit size is required, the tenant will be
moved to a unit of appropriate size and a new lease executed.
If a unit of appropriate size is not available, the tenant will
be placed on a county-wide transfer list and moved to an appro-
priate unit when one does become available.
IV. ESTABLISHING RENTS BETWEEN ADMISSION AND FIRST RE-EXAMINATION
AND BETWEEN SCHEDULED RE-EXAMINATIONS (FIXED RENT SYSTEM)
A. RENT DECREASES AND ADJUSTMENTS
There will be adjustments in rent between admission and first
reexamination or between scheduled re-examinations only when
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' A. Rent Decreases and Adjustments (cont'd)
l
the tenant can show a change in his/her circumstances (such
as a decline in income or change in family composition) which
would result in the tenant' s paying more than the higher of
30% of Monthly Adjusted Income, or 10% of Monthly Income for
the Total Tenant Payment.
1. Rent will remain in effect for the period between annual rent
redeteminations, UNLESS during such period:
a. A person with income joins the family;
b. The tenant can show a change in his/her circumstances (such
as decline or loss of income) which would justify a reduction
in rent. If a reduction is granted, the Tenant must report
subsequent changes in income within 10 days of the occurrence,
until the next scheduled re-examination. (Failure to report
within the 10 days may result in a retroactive rent charge. )
c. It is found that the tenant has misrepresented the facts at
the annual re-examination upon which the rent is based so
that the rent the Tenant is paying is less than the rent
that he/she should have been charged, the Authority may
apply an increase in rent retroactive to the first of the
month following the month in which the misrepresentation
occurred.
d. Rent formulas or procedures are changed by Federal law or
regulation.
2. All changes in family composition must be reported to the
Housing Manager within 10 days of the occurrence. Failure to
report within the 10 days may result in a retroactive rent
charge.
3. Complete justification and verification of the circumstances
applicable to rent adjustments will be documented and approved
by the Executive Director or his designee.
4. The Authority will process interim adjustments in rent in accor-
dance with the following policy:
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' A. Rent Decreases and Adjustments (cont'd)
a. When a decrease in income is reported, and the Authority
receives confirmation that the decrease will last less than
30 days, an interim adjustment will not be processed.
b. Tenants reporting decreases in income that are expected to
last more than 30 days will have an interim adjustment
processed.
B. EFFECTIVE DATE OF ADJUSTMENTS
Tenants will be notified in writing of any rent adjustments
and such notice will state the effective date of the adjustment.
I 1. Rent decreases go into effect the month following the
month in which the change was reported, provided the
change in income or circumstances was reported in a
timely manner.
2. Rent increases are to be made effective the first of the
second month following that. in which the change occurred.
(Retroactively, if necessary)
C. FAILURE TO REPORT ACCURATE INFORMATION
If it is found that the Tenant has misrepresented or failed to
report to Management the facts upon which his/her rent is based
so that the rent being paid is less than what should have been
charged, then the increase in rent will be made retroactive.
Failure to report accurate information is grounds for initiating
eviction proceedings in accordance with the Authority' s Dwelling
Lease.
' D. MANAGEMENT ERRORS IN COMPUTATION AND FAILURE TO PROCESS
1. If a tenant is undercharged, due to management' s errors in
computation or failure to process reported changes, the
earliest the tenant' s rent may be increased is the first of
the second month following that in which the error or failure
' to process was detected.
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. D. Management Errors in Computation and Failure to Process (cont'd)
2. If a tenant is overcharged, due to management' s error in
computation or failure to process reported charges, the
rent shall be decreased, for an error, retroactive to the
effective date of the incorrect rent computation. For the
failure to process a reported change, the decreased rent
will be retroactive to the month following the month in
which the unprocessed changes were reported.
V. LEASE TERMINATION PROCEDURES
A. NOTICE REQUIREMENTS
No tenant shall be given a Notice of Lease Termination without
being told by the Authority in writing the reason for the ter-
mination. The tenant must also be informed of his/her right to
request a hearing in accordance with Authority' s Tenant Grievance
Procedure, and be given the opportunity to make such a reply as
he/she may wish.
B. RECORDKEEPING REQUIREMENTS FOR TERMINATIONS/EVICTIONS
A written record of every termination and/or eviction shall
be maintained by the Authority in the individual tenant files.
This record shall differentiate between tenant-initiated ter-
ininations in compliance with the lease, tenant-initiated ter-
minati.ons not in compliance with the lease, and evictions.
The record shall contain the following information:
1. Name of tenant, number and identification of unit occupied;
2. Date(s) of the 14 Day Notice of Lease Termination (HUD
requirement) and the Notice to Quit (State Law Requirement).
NOTE : Such notices shall be in the file only of eviction cases.
r3. specific reason(s) for the notices, with lease violations,
disturbances, and other facts pertinent to the issuing of
the Notices described in detail ;
4. Date and method of notifying tenant;
5. Summaries of any conferences held with tenant including the
names of conference participants and conclusions.
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a
VI . TENANT-PAID UTILITIES
In some of the 'Authority' s developments tenants pay the cost of certain
utilities directly to the supplier of the utilities. When this is the
case, the tenants' rents are reduced by an Allowance of Utilities that
is developed by the Authority in consultation with tlie utility supplier
and approved by HUD. In Developments with tenant-paid utilities, paying
D the utility bill is the Tenant' s obligation under the Authority' s lease.
Failure to pay utilities is grounds for eviction.
VII. SECURITY DEPOSIT
At the time the dwelling lease is executed, each new family accepted
as a tenant shall pay as a security deposit the greater of one month' s
Total Tenant Payment or $100. No increase in security deposit will
be required for tenants in residence or in the event of transfer.
Atter termination of the dwelling lese, the security deposit will be
returned to the tenants, without interest, provided all charges pro-
perly deductible from said deposit have been paid.
VIII. PETS
J� The dwelling lease may be amended or a separate "Pet Agreement"
U executed to permit keeping common household pets under the following
circumstances:
1. Tenants, age sixty and over, residing in any public housing unit
may request permission to have pets in accordance with the Housing
Authority Pet Ownership Rules; and will be granted such permission
provided they execute the proper "Pet Agreement" PHA #90. An
additional pet deposit will be required for each pet at the time
the agreement is signed. (State Law effective 1/1/82)
2. Tenants, regardless of age, residing in projects designated for
occupancy by the elderly or handicapped may request permission to
have pets in accordance with the Housing Authority Pet Ownership
Rules; and will be granted such permission provided they execute
the proper "Pet Agreement" PHA #90. An additional refundable pet
deposit will be required for each pet at the time the agreement
is signed. Projects designated as Elderly/Handicapped are:
CAO11011; CAO11012; CAO11013; CA011015 .(Federal Rule, effective
3/2/87) .
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VIII. Pets (cont'd)
3. In all other cases the "No Pet" rule will be strictly enforced.
Animals to assist the handicapped such as a "guide dog" properly
trained for the Blind or a "signal Dog" shall not be denied access
to housing accomodations. Persons having such animals will not
be required to enter into "Pet Agreements".
4. Other requests will be handled on a case by case basis.
IX. RENT COLLECTION POLICY
Sound rent collection principles and techniques will be impartially
applied to all tenants in order to contribute to the efficient opera-
tion and financial stability of the public housing units owned and
operated by the Authority.
A. INFORMING TENANTS OF THE POLICY
Tenants will be made aware of the provisions in the dwelling lease
which spell out their responsibilities and obligations regarding
rent payment. The following considerations will be brought out
during the initial interview:
1. The manner in which the rent is calculated.
2. The date the rent is due.
3. The date by which the rent is determined to be delinquent.
4. Penalty for non-payment.
-� B. PAYMENT OF RENT
In accoroance with the Dwelling Lease, all tenant rents are "due
and payable" in advance on the first day of each calendar month.
If prior arrangenments have not been made for an extension of
credit, the rent is determined to be delinquent on the sixth
day of the month.
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C. PENALTY FOR NON-PAYMENT
Tenants who have been determined to be delinquent in their rent
shall have their tenancy terminated in accordance with Federal
notification requirements and applicable state laws.
D. PARTIAL PAYMENT
Extensions of credit or partial payments may be granted from
time to time for tenants who have an emergency situation. Once
the 14-Day Notice and 3-Day Notice has been served on a tenant,
no partial payments will be accepted. Tenants who request
extensions month after month shall be denied these extensions
and their failure to pay rent within the acceptable time frame
will result in eviction.
E. REPEATED NON-PAYMENT
Tenants who are consistently delinquent in their rent, requiring
the PHA to process 14-Day Notices before paying their rent, shall ,
atter being counselled and warned, be served a non-curable 90-Day
Notice of Proposed Termination of Tenancy".
X. DEFINITIONS AND PROCEDURES TO BE USED IN DETERMINING INCOME AND RENT
A. ANNUAL INCOME (24 CFR, 913.106)
Annual income is the anticipated total income from all sources,
including net income derived from assets, received by the Family
Head and Spouse (even if temporarily absent) and by each additional
family member. Annual income is anticipated income for the 12-month
period following the effective date of initial determination or
re-examination of income, exclusive of income that is temporary,
non-recurring, or sporadic as defined later in this section or is
specifically excluded from income by other federal statute. Annual
Income includes but is not limited to:
1. The full amount, before any payroll deductions, of wages and
salaries, overtime pay, commissions, fees, tips and bonuses,
and other compensation for personal services;
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' A. Annual Income (cont'd)
' 2. Tile net income from operation of a business or profession
including the withdrawal of cash or assets (for this purpose,
expenditures for business expansion or amortization of capital
indebtedness shall not be deducted to determine the net income
from a business. A straight line depreciation of assets used
in the business or profession may be deducted. )
3. Interest, dividends, and other net income of any kind from
real or personal property (for this purpose, expenditures
for amortization of capital idebtedness and an allowance for
' depreciation of capital assets shall not be deducted to
determine tyle net income from real or personal property).
Where the family has Net Family Assets in excess of $5,0005
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. Income will be imputed on assets in excess
of $5,000 at a rate of 5.5% until HUD notifies the Authority
to use a different percentage.
4. The full of periodic payments received from social security,
annuities, insurance policies, retirement funds, pensions,
disability or death benefits, and other similar types of
periodic .receipts, including a lump-sum payment for the
delayed start of a periodic payment.
NOTE: Where Social Security is making a reduction in
monthly benefits to recoup amounts previously
over-paid to a family; Annual Income shall
' include the portion of the monthly payment
remaining after the deduction for over-payment
has been made.
' 5. Payments in lieu of earnings, such as unemployment and disability
compensation, worker' s compensation, and severance pay. (See
the paragraph in the next section concerning lump-sum additions
to family assets. )
6. All welfare assistance payments received by or on behalf of any
family member..
NOTE: Where welfare is making a reduction in monthly
benefits to recoup amounts previously over-paid
to a family, Annual Income shall include the
portion of the monthly payment remaining after
' the deduction for over-payment - has been made.
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JULY 1988 POLICY AND PROCEDURE MANUAL 9.0
A. Annual Income (cont'd)
7. Periodic and determinable allowances, such as alimony and
child support payments, and regular cash contributions or
gifts received from persons not residing in the dwelling
unit.
8. All . regular pay, special pay, and allowances of a member
of the Armed Forces. (See paragraph in the next section
concerning exposure to hostile fire. )
' 9. Any earned income tax credit to the extent it exceeds
income tax liability.
B. ITEMS EXCLUDED FROM ANNUAL INCOME
' Annual Income .excludes the following amounts:
1. Income from the employment of children (including foster
children) under the age of 18 years;
1 2. Payments received for the care of foster children;
' 3. Lump sum additions to family assets, such as inheritances,
insurance payments (including payments under health, and
accident insurance and worker' s compensation.) capital gains,
and settlements for personal property losses; (but see
' paragraph 5 in the previous section if payments are/will
be periodic in nature) .
4. Amounts received by the family that are specifically for, or
in reimbursement of the cost of medical expense for any family
metttber;
r5. Income of live-in aide;
b. Amounts of educational scholarships paid directly to the
student or to the educational institution, and amounts paid
by the government to a veteran, for use in meeting the costs
of tuition, fees, books, equipment, materials, supplies,
' transportation, and miscellaneous personal expenses of the
student.. Payment to a veteran not used for the above purpose
that is available for subsistence is to be included in income;
' 7. The special pay to a family member serving in the Armed Forces
who is exposed to hostile fire;
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B. Items Excluded from Annual Income (cont'd)
r
' 8. Amounts received under training programs funded by HUD;
and amounts received by a disabled person that are dis-
regarded for a limited time for purposes of Supplemental
t Security Income and benefits because they are set aside
for use under a Plan to Attain Self-Sufficiency (PASS) :
OR amounts received by a participant in other publicly
assisted programs which are specifically for, or in
reimbursement of, out-of-pocket expenses incurred
(special equipment, clothing, transportation, child-
care, etc. ) to allow participation in a. specific
program (e.g. , Job Training Partnership Act);
9. Temporary, non-recurring, or sporadic income (including
gifts; ) or
10. Amounts specifically excluded by any other Federal Statute
' from consideration as income for purposes of determining
eligibility or benefits under a category of assistance
programs that includes assistance under the United States
Housing Act of 1937. (A notice will be published by HUD
' in the Federal Register identifying the benefits that
qualify for this exclusion. Updates will be published
and . distributed when .necessary. )
The following is a list of benefits that qualify for the
exclusion as of April 1, 1988.
' Relocation payments made under Title II of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4621-4638) .
' The value of the allotment provided to an eligible
household for coupons under the Food Stamp Act of
1977 (7 U.S.C. 2011-2029) .
° Payments to volunteers under the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4951-4993) .
' ° Payments received under the Alaska Native Claims
Settlement Act (43. U.S.C. 5044g, 5058) .
° Income derived from certain submarginal land of
the United States that is held in trust for certain
Indian tribes (25 U.S.C. 459e) .
° Payments or allowances made under the Department
y p
of Health and Human Services Low-Income Home Energy
' Assistance Program (42 U.S.C. 8621-8629) .
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B. Items Excluded from Annual Income (cont'd)
r
r .
° Payments received from the Job Training Partner-
ship Act (29 U.S.C. 1552(b) .
Income derived from the disposition of funds
' of the Grand River Band of Ottawa Indians
(Pub. L. 94-540, 90 State 2503-2504, and
° The frst $2,000.00 of per capita shares received
from judgement funds awarded by the Indian Claims
Commission or the Court of Claims (25 U.S.C. 1407-
1408) , or from funds held in trust for an Indian
' Tribe by the Secretary of Interior (25 U.S.C. 117) ;
and
Amounts of scholarships funded under Title IV of
' the Higher Education Act of 1965 that are used to
cover the cost of attendance at an educational
institution. Examples of Title IV Programs are:
Basic Educational Opportunity Grants (Pell Grants) ,
Supplemental Opportunity Grants, State Student
Incentive Grants, College Work Study, and Byrd
Scholarships. See 6 above for the kinds of
expenses that are excluded from Annual Income.
° Payments received from programs funded under
Title V of the Older Americans Act of 1965
(42 U.S.C. 3056 (f). Examples of programs under
this Act are: Senior Community Services Employ-
ment Program (SCSEP) Green Thumb, and the Senior
Aide Programs.
C. ANNUALIZING INCOME
The following computations will be used to annualize income:
1. Full-Time Employment. Multipy:
° hourly wages by 2,080 (for an 8-hour day)
weekly wages by 52 (NOT by 4 weeks/month X 12 months)
bi -weekly amounts by 26
° Semi -monthly amounts by 24
Monthly amounts by 12.
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C. Annualizing Income (cont'd)
' 2. Part-Time Employment. Multiply:
Hourly wages times number of hours anticipated
fo.r the year
° Average weekly amounts times the number of weeks
work is anticipated
Other periodic amounts (monthly, etc. ) times the
' number of such periods that the family member expects
to work
' 3. Use of an annual wage without additional calculations.
For example, if a teacher is paid $15,000/year, use
$15,000 whether the payment is made in 12 monthly
' installments, 9 installments, or some other payment
schedule. (This policy eliminates the need for interim
adjustments in the summer months) .
D. ANTICIPATING ANNUAL INCOME
' If it is not feasible to anticipate a level of income over a
12-month period, the Authority may use the annualized income
anticipated for a shorter period, subject to a redetermination
at the end of the shorter period.
E. ADJUSTED INCOME (24 CFR, 913.102)
' Adjusted Income (the income upon which rent is based) means
Annual Income less the following deductions and exemptions:
For- All Families
1. Child Care Expenses--A deduction of amounts anticipated to be
paid by the family for the care of children under 13 years of
age for the period for which Annual Income is computed,
but only when such care is necessary to enable a family member
' to be gainfully employed or to further his/her education.
Amounts deducted must be unreimbursed expenses and shall not
exceed:
° The amount of income earned by the family member
released to work; or
An amount determined to be reasonable by the Authority
when the expense is incurred to permit education or
look for, work.
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E. Adjusted Income .(cont 'd)
r
r 2. An Y 9 exemption of $480 for each member of the family residing in
p
the household (other than the head, or spouse, live-in aide,
or 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.
3. Handicapped Expenses--a deduction of unreimbursed amounts
paid for attendant care or auxilary apparatus expenses for
handicapped family members where such expenses are necessary
to permit a family member(s) , including the handicapped/disabled
member, to be employed. In no event may the amount of the
deduction exceed the employment income earned by the family
member(s) freed to work.
Equipment and auxiliary apparatus may include but are not
limited to: wheelchairs, lifts, reading devices for the
visually handicapped, and equipment added to cars and vans
to perniit their use by the handicapped or disabled family
member. Where major expenses for handicapped apparatus
are being paid for over time, only the portion of the total
bill being paid off during the twelve months covered by the
certification or re-examination shall be permitted. Allowable
handicapped expenses for a year will be equal to: Total
unreimbursed expenses anticipated for the coming twelve months
minus 3% of Annual Income, but NEVER more than the employment
income made possible by the care or apparatus.
For Elderly Families. Only:
1. Medical Expenses Deduction--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, eye-
glasses, hearing aide and batteries, attendant care . (unrelated
to employment of family members), and payment accumulated
medical bills. To be considered by the Authority for the
purpose of determining a deduction from income the expenses
claimed_ must be verifiable.
NOTE : Need for a live-in aide must be verified by a
third-party before the Authority will permit a
family to move a live-in aide into the unit.
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E. Adjusted Income (cont'd)
NOTE: Whether an Elderly family is claiming only medical
or handicapped expenses, or both of . the deductions,
3% of Annual Income shall be deducted once, from the
sum of verified unreimbursed handicapped and medical
expenses anticipated for the coming year, in deter-
mining the combined allowable amount.
2. Elderly Household Exemption--An exemption of $400 per
Household.
F. VERIFYING ANNUAL INCOME
1. Projections of Annual Income shall be based on the best available
information, with due consideration to past year' s income, current
income rate and effective date; and shall include estimates for
each income recipient in the family group.
2. The income of irregular workers will be estimated on the basis
of the best information available, with due consideration to
earning ability and work history.
3. Overtime will be computed in accordance with verification
' obtained from the employer in the absence of more reliable
or accurate information.
4. Income is the most important factor in determining a family' s
eligibility and rent. The Authority has established methods
of verifying income which include:
a. Written third-party verification through an employer or
public agency. Authority staff may update this verifica-
tion by phone provided a memorandum to the file is prepared.
b. Authority review of documentation provided by the family,
such as:
° Benefit Checks
Income tax returns
I ° W-2 forms
c. In the absence of any of the above, affidavits from
the family describing the amount and type of income
are acceptable documentation.
Note: The Authority will not copy checks issued by
the U.S. Government.
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G. RENT COMPUTATION
' 1. All .rents shall be computed using the following formula:
Total Tenant Payment equals thereg ater of:
° 30% of Monthly Adjusted Income
OR
10% of Monthly Income
2. Application of the 10% Rent Increase Limitation
a. For tenants who moved into the Authority' s housing prior.
to 8/1/82, and who have resided there continuously since
that time, rents .will be computed so as to ensure that
rent increases in excess of 10% per year do not occur as
a result of the cumulative effect of:
° The elimination of ceiling rents in effect at
the Authority as of 7/31/82;
° The change in the rent formula mandated by the
' 1981 Housing and Community Development Amendments,
in which a public housing tenant' s share of the
rent increased from 25% of monthly adjusted income
to 30% of monthly adjusted income.
° The changes in income, asset and allowance policies
mandated by the 1983 Housing and Urban Rural Recovery
Act, which went into effect on 10/1/84.
b. For tenants who moved into the Authority's housing between
8/1/82 and 6/30/84, and who have resided there continuously
since move-in, rents will be computed so as to ensure that
rent increases in excess of 10% per year do not occur as a
result of the cumulative effect of:
° The changes in income, asset, and allowance
policies mandated by the 1983 Housing and Urban
Rural Recovery Act, which went into effect on
10/1/84.
Tenants in the categories (2a) and (2b) above shall have their
rents tested for the effect of the 10% rent increase limita-
tion any time their rents are computed, whether at an annual
or interim re-examination, until a rent is computed for which
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G. Rent Computation (cont'd)
it was not necessary to apply the 10% cap. Once an uncapped
rent is calculated for a tenant, the tenant loses the right
to the rent increase limitation, and it shall no longer be
necessary to subject future rent computations to the rent
increase limitation test.
NOTE . THE AUTHORITY SHALL USE RENT WORKSHEETS TO ENSURE
THAT RENTS ARE COMPUTED CORRECTLY.
XI.- DEFINITION OF TERMS USED IN THIS STATEMENT OF POLICIES
1. Area of Operation--Housing units owned by the Housing Authority of
the County of Contra Costa.
2. Assets--Assets means "cash" (including checking accounts) , stocks,
bonds, . savings, equity in real property, or the cash value of life
insurance policies, not including the value of personal property
such as furniture, automobiles and household effects." (7465.1
REV-2 5b)'
IMPORTANT: See. definition number 24 for a description of
of Family Assets, used to' compute Annual Income.
3. Authority--The Housing Authority of the County of Contra Costa.
4. Child Care Expenses--Costs incurred for the care of children under
the age of 13, where such care .enables a family member to. work or
further his/her education. Where such costs are incurred to permit
employment, the amount permitted may not exceed the employment income
made possible by the care. In any case, the cost of care must be
reasonable given the hours and type of care provided, and the number
and age of the children for whom care is provided. Third-party
written verification must be received by the Authority before such
expenses will be allowed. For such costs to be eligible, they must
not be paid to any family member residing in the unit, must not be
pre-paid or reimbursed by any outside agency or individual , and
there must be no adult family member (18 or older, head or spouse)
at home during the hours care is provided who would be capable of
providing the care.
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XI . Definitions of Terms Used in this Statement of Policies (cont'd)
i
5. Co-head--An adult member of a family and co-signor to the lease
who is not in a spousal relationship with the head.
EXAMPLE: Two unrelated women, aged 75 and 73, share a unit.
Rather than designating one the head and the other
the spouse, both would be designated "co-head".
6. Common Household Pet--A smaller domesticated animal , such as a dog,
cat, bird, rodent, fish, or turtle, that is traditionally kept in
the home for pleasure rather than for commercial purposes. Reptiles
(except turtles) do not qualify as common household pets at the
Authority.
7. Dependent--A member of the household, other than head, spouse, sole
member, foster child, or live-in aide, who is under 18 years of age,
or 18 years of age or older and disabled, handicapped or a full-time
student. (24 CFR 913.102)
8. Disabled Person--A person who is under a disability as defined in
Section 223 of the Social Security Act or in Section 102(5)(b) of
the Developmental Disabilities Services and Facilities Construction
Amendments of 1970. (24 CFR 913.102) .
a. Section 223 of the Social Security Act defines
disability as:
° Inability to engage in any substantial gainful
activity by reason of any medically determinable
physical or mental impairment which can be expected
to result in death or which has lasted or can be
expected to last for a continuous period of not
less than 12 months; OR
' In the case of an individual who has attained the
age of 55 and is blind (within the meaning of
"blindness" as defined in Section 416(i )(1) of
this title) , and unable by reason of such blind-
ness to engage in substantial gainful activity
requiring skills abilities comparable to those
of any gainful activity in which he/she has
previously engaged with some regularity and
over a substantial period of time.
1
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XI . Definition of Terms Used in this Statement of Policies (cont'd)
1� b. Section 102(5)(b) of the Development Disabilities Services and
Facilities Construction Amendments of 1970 defines disability
as: Disability attributable to mental retardation, cerebral
palsy, epilepsy, or another neurological condition of an
individual found by the Secretary of. Health, Education and
Welfare to be closely related to mental retardation or to
require treatment similar to that required for mentally
retarded individuals, which disability originates before such
individual attains age 18, which has continued indefinitely,
and which constitutes a substantial handicap to such individual .
(7465.1 REV-2; Appendix 3)
9. Displaced Family--A person or family involuntarily displaced as
defined in this section. (See Involuntarily Displaced)
10. Divestiture Income--Income imputed on assets disposed of within
the past two years for less than Fair Market Value, by an applicant
or tenant. (See Net Family Assets)
11. Elderly Family--A family whose head, spouse, or sole member is at
least sixty-two years of age, or handicapped or disabled. It may
also include two unrelated persons sixty-two or older, handicapped
' or disabled, or one or more such persons living with a live-in
aide or aides. (24 CFR 913.102) .
12. Elderly Person--A person who is at least 62 years of age.
13. Family--Two or more persons regularly living together, related by
blood, marriage, adoption, guardianship or operation of law; or an
Elderly Family, Displaced Person or remaining member of a tenant
family (as defined in this section) . Foster children and live-in
aides may reside in a unit, provided prior written approval has
been granted by the Housing Authority, but under no circumstances
shall they have any rights to the unit as the remaining member of
a tenant family.
14. Family of a Veteran or Serviceman--A family shall be considered as
qualifying for this definition if:
a. The head is a veteran or serviceman;
b. The family includes a veteran or serviceman related
to the head (spouse, son or' daughter of the head);
c. The spouse, who has not re-married of a deceased veteran,
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XI . Definition of Terms Used in this Statement of Policies (cont'd)
td. The surviving relative of a deceased .veteran who was a family
member other than head at the time of death (i .e. mother of a
soldier killed in Vietnam);
e. The family of a veteran or serviceman,. formerly head, who is
now permanently absent due to hospitilization, separation,
desertion, or divorce. Such a family shall qualify only if:
The remaining spouse has not re-married, and there remains
in the unit one or more persons for whom the former head is
1 legally responsible.
f. The family of a veteran or serviceman, now permanently hos-
pitalized, who was a family member other than head at the time
of hospitalization, and there remains in the family at least
two persons related to the hospitalized individual . (i .e.
Mother and sister of a hospitalized Vietnam Veteran) .
15. Full-Time Student--A person who is carrying a subject load which is
considered full-time for day students under the standards and prac-
tices of the educational institution attended. Educational insti-
tution shall include, but not be limited to, college, university,
secondary school , vocational school , or trade school .
(24 CFR 913.102)..
16. Handicapped Expense Allowance--Costs incurred for apparatus or
attendant care for handicapped/disabled family member(s) , which
permit a family member (including the handicapped/disabled person)
to work. Such expenses may not .exceed the employment income made
possible by the care or apparatus. Both the amount of such expenses
and the need for them, as a condition of employment, must be veri-
fied before the Authority will allow them. Expenses pre-paid or
reimbursed by outside agencies or individuals are ineligible.
Where substantial expenses for apparatus are being paid off by
time payments, only the portion paid off during the 12 month
period for which rent is computed shall be allowed.
17 . Handicapped Person--A person having an impairment which (a) is
expected to be of long continued and indefinite duration, (b) sub-
stantially impedes his/her ability to live independently, and (c)
is of such nature that such disability could be improved by more
suitable housing conditions. (24 CFR 913.102) .
18. Head of Household--The person who assumes responsibility for the
household. Authority policy dictates that a head of household
must be at least 18 years of age to execute a lease agreement.
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XI . Definition of Terms Used in this Statement of Policies (cont'd)
19. InvoluntarilY Displaced--An applicant qualifies for this Federal
Preference if:
a. The applicant has been involuntarily displaced and is not
living in standard, permanent replacement housing, OR
b. The applicant will be involuntarily displaced within no more
than six months from the date of any verification received by
the Authority.
For the involuntary displacement to qualify the applicant for the
Federal Preference, it must fall into one or more of the following
categories of action:
° A disaster, such as fire or flood, that results
in the uninhabitability of the unit;
° Activity carried on by an agency or unit of
government (Federal of Local ) connected with
code enforcement, public improvement programs,
or public development programs;
* Action taken by a housing owner that results in an applicant
having to vacate his/her unit,. provided that:
c. The reason for the owner' s action is beyond an applicant' s
ability to control or prevent.
d. The action occurs despite the applicant having met all
previously imposed conditions of occupancy (thus, eviction
for non-payment of rent or other lease violations disqual-
ifies an applicant for this category of displacement); AND
e. The action taken is other than a rent increase.
f. Eligible actions a housing owner might take that could qualify
an applicant as involuntarily displaced include, but are not
limited to:
° Conversion of the unit to non-rental or non-residential use;
° Closing of the unit for rehabilitation or any other reason;
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XI . Definition of Terms Used in this Statement of Policies (cont'd)
° Notice to an applicant that he/she must vacate the unit
for the owner' s personal or family use or occupancy;
Sale of the unit in which the applicant resides under
an agreement to vacate when possession is transferred;
Any other legal act that results or will result in the
withdrawal of the unit by the owner from the rental market.
The reasons listed above do not include vacating the unit
by the tenant as a result of actions taken because the
tenant refused to:
Comply with applicable program policies or procedures
under this title (the 1937 Housing Act) with respect
to the occupancy of underoccupied and overcrowded units
° Accept a transfer to another housing unit in accordance
with a court decree or in accordance with the policies
and procedures of a HUD-approved desegregation plan.
g. An Applicant may also qualify as involuntarily displaced, if;
° The applicant has vacated his/her housing unit as
the result of actual or threatened physical violence
directed against the applicant or one or more member
of the applicant' s household.
° The applicants lives in a unit with an individual who
engages in such threats or violence.
The actual or threatened violence must be verified in accordance
with the Authority's requirements and be of a recent or continuing
nature, for an applicant claiming these circumstances to qualify
as involuntarily displaced.
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XI . Definition of Terms Used in this Statement of Policies (cont'd)
20. Live-In-Aide--A person who resides with an Elder! Handicapped or
P y� PP
Disabled Person or persons, and who:
a. Is determined by the Authority to be essential to the care
and well -being of the persons;
ib. is not obligated to support .the family member for whom care is
being provided; and
c. would not be living in the unit except to provide the necessary
supportive services. (7465.1 REV-2 Par. 3-3 and 24 CFR 913. 102)
Housing Authority policy on Live-in Aides stipulates that:
° Before a Live-In Aide may be moved into a unit, a
third-party.written verification must be supplied
which establishes the need for care;
1 ° Move-in of a Live-In Aide must not result in
over-crowding; .
° The family of a Live-In Aide will not be permit
ted to move into the unit;
° Live-In Aides have no right to the unit as the
remaining member of a tenant family, and
° Relatives who satisfy the definitions and stipula-
tions may qualify as live-in aides. However, they
must sign a statement relinquishing all rights to
the unit as a remaining member. of a tenant family.
21. Lower Income Family--A family whose Annual Income does not exceed
80% of the median income for the area as determined by HUD with
adjustments for smaller and larger families. (24 CFR 913.102)
22. Medical Expense Allowance--For purposes of adjusted income
determination; for elderly families only, medical expenses mean the
medical expenses in excess of 3% of Annual Income, where these
expenses are not compensated for or covered by insurance.
(24 CFR 913.102)
23. Minor--A minor is a person less than 18 years of age. An unborn
chilif will not be considered a minor.
24. Net Family Assets--The net cash value, after deducting reasonable
costs that would be incurred in disposing of;
° Real property ( land, houses, mobile homes)
° Savings (CDS, IRA or KEOUGH accounts, checking
and savings accounts, precious metals)
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_
XI . Definition of Terms Used in this Statement of Policies (cont'd)
° Cash value of life insurance policies
Stocks and bonds (mutual fund, corporate bonds,
savings. bonds)
° Other forms of capital investments (business equipment)
Net cash value is determined by subtracting the
reasonable costs likely to be incurred in selling or
disposing of an asset from- the market value of the
asset. Examples of such costs are: Broker or legal
fees, settlement costs for real property, penalties
for withdrawing savings funds before maturity.
Net Family Assets also includes the amount in excess of any consi-
deration received or assets disposed of by an applicant or tenant
for less than fair market value during the two years preceding the
date of the initial application or re-examination. This does not
apply to assets transferred as the result of a foreclosure or bank-
ruptcy sale.
In the case of a disposition as a part of a separation or divorce
settlement, the dispostion will not be considered to be less than
fair market value if the applicant or tenant receives important
1 considerations not measurable in dollar terms. (24 CFR 913.102)
25. Offer--It shall be considered that the Authority has made an offer
of a unit to an applicant when the applicant is offered, via mail ,
a specific unit in a s ecific housing complex.
26. Paying more than 50% of Income for Rent--A family must be paying
more than 50%of income for rent at the time of verification by
the Authority to qualify for this Federal Preference. Family
Income is Monthly Income or 1/12 of Annual Income. Rent is the
actual amount due, calculated on a monthly basis, under a lease
or occupancy agreement between a family and the family' s current
landlord. Rent includes the monthly cost of shelter plus utilities
when utilities are tenant-paid.
For applicants who own a manufactured home, but rent the space upon
which it is located, rent includes the monthly payment to amortize
the purchase price of the home.
For applicants who are members of a cooperative, rent means the
charges under the occupancy agreement between the members and the
cooperative. If the utilities are purchased directly by the tenant
from the utility providers the applicable utility cost is determined
in one of two ways:
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XI . Definition of Terms Used in this Statement of Policies (cont'd)
° The Authority' s reasonable estimate of tenant-
purlicased utilities (except telephone) and the
other housing services normally included in rent
(e.g. trash collectin) OR
If the Family Chooses, the average monthly payments
that it actually made for these utilities and services
for the most recent 12=month period; or if that informa-
tion is not obtainable for the entire 12-month period,
for an appropriate recent period.
Amounts paid to or on behalf of the family under any energy assis-
tance program must be subtracted from the rent amount to the extent
that they are not included in income.
The formula for establishing the 50% of income for rent preference
can be expressed as follows:
(A) RENT = MONTHLY RENT OR SHELTER
1 + MONTHLY UTILITY OR HOUSING SERVICES LESS
ENERGY ASSISTANCE PAYMENTS NOT COUNTED IN INCOME
(8) 50% OF FAMILY INCOME = ANNUAL INCOME DIVIDED BY 12 X 50%
(C) IS (A) GREATER THAN (B)? YES NO
If yes, the family qualifies; if no the family is not entitled to
the preference.
27. Servicemen-- A person in the active military services of the
United States, meaning only the Army, Navy, Air Force, Marine
Corps, and Coast Guard. Such service does not include Merchant
Marine, Red Cross, National Guard, Active Reserve Service, or.
any other organization not actually part of the Military or
Naval Service of the. United States.
28. Single Person--A person living alone or intending to live alone
who does not qualify as an elderly family, displaced person, or
the remaining member of a tenant family. (24 CFR 912.2) The
Authority will not admit single persons without prior authoriza-
tion by. HUD. Single persons who are a displaced family, or an
elderly family as defined in this section, or the remaining
member of a tenant family, may be housed without HUD approval .
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XI . Definition of Terms Used in this Statement of Policies (cont'd)
29. Spouse--Spouse means the husband or wife of the head of the
household.
30. Standard, Permanent, Replacement Housing--Such housing is:
° Decent, safe and sanitary
° Adequate for the family size
° Occupied pursuant to a lease or occupancy agreement; and
° IS NOT a transient facility such as a motel , hotel , or
temporary shelter for victims of domestic violence or
homeless families. . (In the case of domestic violence,
the housing unit which the applicant shared with the
person who engaged in the violence is specifically
excluded from this defihition. )
31. Substandard Housing--A unit is substandard if it:
° Is dilapidated
° Does not have operable indoor plumbing
° Does not have a usable flush toilet inside the unit for
the exclusive use of the family
° Does not have a usable bathtub or shower inside the unit
for the exclusive use of the family
° Does not have electricity, or has inadequate or unsafe
electrical service;
° Does not have a safe or adequate source of heat;
° Should, but does not; have a kitchen; or
Has been declared unfit for habitation by an agency
or unit of government.
A housing unit is delapidated if it:
° does not provide safe and adequate shelter, and in its
present condition endangers the health, safety, or
well-being of the family; or
° it has one or more critical defects, or a combination of
intermediate defects in sufficient number and extent to
require considerable repair or rebuilding. The defects
may involve original construction, or they may result
from continued neglect or lack of repair, or from serious
damage to the structure.
NOTE : Single Room Occupancy (SRO) is not considered substandard
solely because it lacks sanitary or food preparation
facilities (or both) .
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XI . Definition of Terms Used in this Statement of Policies (cont'd)
Applicants who are homeless families are considered to
be living in substandard housing.
A homeless family is defined in the McKinney Homeless Assistance
Act (PL 100-77. approved July 22, 1987) . The definition of a
homeless family includes any individual or family who:
Lacks a fixed, regular, and adequate nightime residence, and
0 . Has arimar ni htime residence that is:
P y 9
A supervised publicly or privately operated shelter
designed to provide temporary living accomodations
(including welfare hotels, congregate shelters, and
transitional housing for the mentally ill );
An institution that provides a temporary residence
for individuals intended to be institutionalized; or
A public or private place not designed for, or ordinarily
used as a regular sleeping accomodation for human beings.
Homeless family does NOT include any individual imprisoned
by otherwise detained pursuant to an Act of Congress or
State Law.
32. Tenant Rent--The amount payable monthly by the Family as rent
to the Authority. Where all utilities (except telephone) and
other essential housing services are supplied by the Authority,
Tenant Rent equals Total Tenant Payment. Where some or all
utilities (except telephone) and other essential housing
services are not supplied by the Authority and the cost
thereof is not included in the amount paid as rent, Tenant
Rent equals Total Tenant Payment less the Utility Allowance.
(24 CFR, 913.102)
33. Total Tenant Payment--The Total Tenant Payment is the total
monthly amount paid by the tenant for shelter and utilities.
.34. Utilities--Utilities means water, electricity, gas, other
heating, refrigeration and cooking fuels, trash collection,
and sewerage services. Telephone service is not included as
a utility. (7465.1 REV-2 App. 3)
35. Utility Reimbursement--Funds that are reimbursed to a tenant
if the utility allowance exceeds the Total Tenant Payment.
(24 CFR 913.102)
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XI . Definition of Terms Used in this Statement of Policies (cont'd)
36. Very Low Income Family--A family whose Annual Income does not
exceed 50% of the median Annual Income for the area, with
adjustments for smaller and larger families, as determined by
the Secretary of Housing and Urban Development. (24 CFR, 913.102)
1 37. Veteran-- A person who has served in the active military or
naval service of the United States, is no longer in the service,
and was not dishonorably discharged.
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' JULY 1928 _ _ _POLICY AND PROCEDURE 14ANUAL_ _ _ _ _ _ _ _ _ _ —14.0
' POLICIES AND PROCEDURES OF THE
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
GOVERNING RECEIPT OF APPLICATIONS, ESTABLISHMENT OF A WAITING LIST AND
ISSUANCE OF CERTIFICATES OF FAMILY PARTICIPATION AhD HOUSING VOUCHERS
FOR THE SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAMS
' EXISTING HOUSING AND MODERATE REHABILITATION
StCTION I. RECEIPT OF APPLICATIONS AND ESTABLISHMENT OF A WAITING LIST
' A. Public Notice to Lower-Income Families. The Housing Authority of the
County of Contra Costa (herein called the "Authority") shall make known
to the public, through publication in a newspaper of general circula-
tion as well as through minority media and other suitable means, the
availability and nature of housing assistance for lower-income families,
including assistance with respect to units already occupied by the
families if the units qualify as Existing Housing. The notice shall
' inform such families of the location at which they may apply for
Certificates of Family Participation or a Housing Voucher.
' Publicity shall state that applicants on waiting lists for public
housing units and occupants of such assisted housing must apply
specifically for the Section 8 Housing Assistance Payments Programs.
' The notice shall also specify that such applicants will not lose their
place on the public housing waiting list.
' B. Receipt of Applications. Applications are to be accepted from all
families (1) apparently eligible for the issuance of Certificate or
Voucher or (2) who are occupying units approved for Rental or Moderate
Rehabilitation. This rule is to hold unless the Authority determines
' at any time that there is insufficient funding to admit all eligible
applicants for participation. In such a case application taking will
be temporarily suspended, except for applicants who are occupying units
' approved for Rental or Moderate Rehabilitation. The suspension of
application taking will be publicly announced by publication of a notice
in a newspaper of general circulation as well as through minority media
and other suitable means. The announcement will specify the effective
' date of the suspension. Identical methods of announcement will be
utilized prior to the resumption of application taking.
' Applications may be filed at any of the Authority' s management field
offices, but information relating to family name, address, and composi-
tion, appropriate bedroom size, preference category and time and date
of application shall be forwarded to the Central Office, where the
Authority' s county-wide waiting list shall be maintained and the
allocation of Section 8 Certificates or Vouchers will be processed.
C. Processing of Applications. The Application constitutes the basic
record of each family applying for Section 8 Housing Assistance Pay-
ments. Each Application shall reflect the date and time received. To
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JULY 1923 POLICY AND PROCEDURE MANUAL 14.0
1
assure that the data upon which determination of eligiblity, establish-
ment of preferences, Total Tenant Payment and size of dwelling required
are accurate and complete, the information submitted by each applicant
will be verified before issuing a Certificate or Voucher.
' At the time the application is taken, Authority personnel will interview
the applicant and complete the following checklists:
' ° Annual Income Checklist
Asset Checklist
' ° Allowance Checklist
° Federal Preference Checklist
' The Application together with all other materials relating to the family' s
eligibility, preference, rating, etc. , will be maintained in an active
file for each eligible applicant.
' At the conclusion of the application interview, applicants will be
provided with a letter advising them of the following factors relating
' to their application for housing:
A preliminary determination of their eligiblity/non-
eligibility for a Certificate or Voucher based solely
on the information supplied at the interview and on
the various checklists.
1 A preliminary determination of their qualification for a
Federal Preference, based on responses to the Preferernce
Checklist. The applicant' s signature on the checklist
' shall be considered a certification that all statements
contained therein do represent, truthfully and completely,
the family' s circumstances at that time.
' ° A reminder that all information relating to eligibility,
income, allowances, Federal Preferences, and suitability
will be verified before the family is issued a Certificate
' or Voucher.
Before leaving the interview, applicants will be required to sign
a release for information needed to determine final eligibility,
Annual and Adjusted Income and qualifications for Federal Preferences.
D. Centralized Application Waiting List. The application will be
placed on a centralized, county-wide waiting list based on the size
and type of Certificate or Voucher required, Federal and/or Local
Preferences for tenant selection, and the time and date of application.
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Applicants will then be notified of how long they may reasonably expect
to be on the waiting list before receiving a Section 8 Certificate or
Voucher.
' E. Verification Process. All information relative to income, eligibility
and rent, net assets, and preference rating will be verified, documented,
' and recorded in the applicants file.
Documentation obtained as part of the verification process may include:
' Checklists completed as part of the interview process, reports of inter-
views, letters or telephone conversations with reliable sources. At. a
minimum, such reports will indicate the date of the conversation, source
of the information, name and job title of the individual contacted, and
a written summary of the information received.
Annual Income used to determine eligibility and adjusted income used to
' compute rent must be verified.
Acceptable forms of verifications may include:
° Third Party ,written•
° Third Party oral with a record kept in the file;
° Copies or review of documents provided by the
family;
° In the absence of any of. the above; affidavits
Ifrom the family.
' Information verified shall remain valid for the following periods
of time:
Information not subject to change need only
' be verified once;
° Information subject to change shall be valid,
beginning from the date of receipt at the
Authority, for an initial period of 90 days.
The valid term of this information may be
extended an additional 30 days through a
follow-up phone call . (Should the follow-up
be performed, the file must be notated to
indicate such an action was taken. )
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JULY 1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ _ _ —
F. Notifying Families Currently on the Waiting List
of the Federal Preference.
' a. The Authority shall notify all families already on the waiting
list at the time of implementation of these policies that they
may qualify for Federal Preferences and will request that
families complete a Federal Preference questionaire, certify-
ing to their qualifications, or lack thereof, for a Federal
Preference. Such families will be requested to return the
completed questionaire in a self-addressed, stamped envelope
' to the Authority, which the Authority shall provide for that
purpose. Once all questionaires have been returned, and the
responses processed, applicants shall be notified of any changes
'
in their status on the wai t i n•. 1 i st. The P,uti ori ty is under no
obligation to carry out this notification in a mass mailing effort,
but may choose to carry out the notification on a piecemeal basis.
Notification will be performed in order beginning with the earliest
date of application on up to the present.
b. The Authority will house applicants who do not qualify for
any Federal Preference ahead of Federal Preference applicants
provided the number of applicants so assisted does not exceed
10% of all families newly admitted to :the Authority' s housing
' in any one year period. Consequently, every 10th issuance of
a Certificate or Voucher will be to an applicant on the waiting
list who does not qualify for a Federal Preference.
' c. Except for the 10% allowable exemption from the Federal Preferences,
no assistance will be offered to any applicants not in the "top
priority" category until all applicants already on the waiting list
' at the time of implementation of this policy have been notified of
the Federal Preferences, and given a chance to qualify. Likewise,
no families applying after the policy' s implementation shall be
assisted until all families already on the waiting list have been
notified of the Federal Preferences and given a chance to qualify.
G. Change in Preference Status While on the Waiting List.
' Occasionally, families on the waiting list who did not qualify
for a Federal Preference will experience a change in circum-
stances that qualifies them for a. Federal Preference. In such
instances, it will be the family' s responsibility to contact
the Authority, so that a certified statement of their qualif-
ication for a Federal Preference may be obtained.
Once the family' s certification has been obtained, their place
on the waiting list will be re-determined, in accordance with
the Federal and Local Preferences for which they qualify, and
the time and date their application was originally filed. The
family will then be informed in writing of how the change in
status has affected their place on the waiting list.
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JULY 1988 POLICY AND PROCEDURE MANUAL 14.0
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SECTION II . SELECTION OF FAMILIES FOR ISSUANCE OF CERTIFICATES OF
' FANCILY PARTICIPATION OR HOUSING VOUCHERS
A. Governing Conditions. Each applicant family issued a Certificate shall
be advised that it may select a unit in any locality within the operating
jurisdiction of the Authority as listed below:
Antioch Martinez
Brentwood Moraga
Clayton Pinole
' Concord Pleasant Hill
El Cerrito San Pablo
Lafayette San Ramon
Walnut Creek Unincorporated County Areas
Each applicant family issued a Voucher shall be advised that in addition
to selecting a unit in any of the localities specified above; the family,
if eligible, may use the portability feature of its Housing Voucher.
' As among eligible applicant families of the size and composition
appropriate to the dwelling units authorized in the Annual Contribu-
tions Contract, selection for the issuance of a Certificate of Family
' Participation or a Housing Voucher shall be made in accordance with the
preferences set forth in Paragraph B of this Section, SUBJECT to the
provisions of Paragraph A of Section III. Selection shall be made
without regard to race, color, creed, religion, sex or national origin.
B. Order of Preference. Preference shall be granted as follows:
a. Federal Preference for selection shall be granted to applicant
families whose verified circumstances at the time of being issued a
Certificate or Voucher correspond to one of the following defintions:
° Involuntarily displaced
Living in substandard Housing
° Paying more than 50% of family income for rent
The Authority has chosen to assign each of the three Federal Preferences
an equal weight. The three preferences will not be combined or aggre-
gated in any manner. Applicants are considered on the basis of any of
the Federal Preferences they can verify.
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rSection II . (cont' d)
' b. The Authorityrecognizes a reference for families of Veterans or
9 p
Servicemen, as mandated by California State Law.
' c. A local preference will be granted to families participating in
the Project Self-Sufficiency Program.
' The above preferences will result in the following order for issuing
Certificates or Vouchers:
° Families with Federal Preference-Veteran
Families with Federal Preference-Non-Veteran
° Families with no Federal Preference-Veteran
' ° Families with no Federal Preferences-Project Self-
Sufficiency
.° Families with no Federal Preferences-Non-Veteran
C. Administration of Federal Preferences.
a. The Authority requires that applicants certify their quali-
fication for a Federal Preference at the time of application.
' Final verification at the time of admission will be done by
the Authority prior to the issuance of a Certificate of Voucher.
1 b. At. the time of initial application, the Authority will use
a Federal Preference checklist to determine whether families
prospectively qualify for any of the Federal Preferences.
Only the families who certify to having qualifications for
a preference will be given that status on the waiting list.
c. Families that do not qualify for a preference at the time of
application will be notified in writing in accordance with
paragraph F of this Section II. At the application interview
they will be advised to notify the Authority of any change that
may affect their ability to qualify for a preference. If other-
wise eligible, the family's application will then be placed on
the waiting list in a non-Federal Preference category.
' d. Applicants that certify to Federal Preference at the time
of application but do not qualify for any Federal Preference
at the time of selection for issuance of a Certificate or
Voucher will lose the preference qualification and their
respective standing on the waiting list.
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JULY 1988 POLICY AND PROCEDURE MANUAL 14.0
Section I1 . (cont' d)
e. If an applicant has a Federal Preference for living in sub-
PP 9
standard housing or involuntary displacement at the time of
application and obtains standard, permanent replacement
housing prior to the Authority' s verification at the time
of selection for issuance of a Certificate or a Voucher,
the applicant will be denied .the preference Likewise if
an applicant is no longer paying more than 50% of income
for rent at the time they are considered for selection that
preference would also be lost.
f. At the time of selection review--families that lose their
original Federal Preference may still qualify for one of the
other Federal Preferences and would not lose their position
on the waiting list.
g. At the time of selection review--Applications for families
that cannot qualify for any of the Federal Preferences will
be moved into a non-Federal Preference category, in a lower
position on the waiting list based on any applicable State/
' local preference, date and time of application.
D. Qualifying for a Federal Preference.
An applicant qualifies for a Federal Preference in accordance
with the following:
a. INVOLUNTARILY DISPLACED--The applicant has been involuntarily
displaced and is not living in . standard, permanent replace-
ment housing or within no more than six months from the date
of any PHA verification the applicant will be involuntarily
displaced.
NOTE: An Applicant may not qualify for this preference if
they were a tenant family and refused to comply with
applicable program policies or procedures under the
' 1937 Housing Act with respect to the occupancy of
underoccupied and overcrowded units; or failed
to accept a transfer to another housing unit in
accordance with a court decree or in accordance
with the policies and procedures of a HUD-approved
desegregation plan.
b. LIVING IN SUBSTANDARD HOUSING--Applicants must be living in
substandard housing at the time of any verification by the PHA.
' PHA
JULY 1988 POLICY AND PROCEDURE MANUAL 14.0
Section II . (cont' d)
c. PAYING MuRE THAN 50% OF INCOME FOR RENT--A family must be paying
more than 50% of income for rent at the time of any verification
by the PHA.
NOTE : An applicant may not qualify for this preference if
he/she is paying more than 50% of income for rent
because the applicant' s assistance under the United
States Housing Act of 1937 or Section 101 of the
Housing and Urban Development Act of 1965 has been
terminated as a result of the applicant' s failure to
comply with program policies and procedures with
respect to occupancy of underoccupied and overcrowded
units.
d. The definitions for the Federal Preferences may be found in
Section VIII of this policy.
E. Required Verifications for the Federal Preferences.
Applicants will qualify for the Federal Preferences to the extent
that their status is verified in accordance with the following
requirements:
a. Involuntary Displacement
(1) NATURAL DISASTER: For applicants claiming displacement
resulting from a disaster, such as fire or flood, the
Authority will require a third-party written verifica-
tion from a unit or agency of government certifying that
the applicant has been displaced or will be displaced
within the next six months, as a result of a disaster.
(2) GOVERNMENTAL ACTION: For applicants claiming displacement
resulting from code enforcement or a public improvement or
development program carried on by a governmental body or
agency, the Authority will require a third-party verifica-
tion from the appropriate unit or agency of government
' certifying that the applicant has been moved or will be
moving in the next six months, as a result of code enforce-
ment or a public improvement or development program.
(3) LANDLORD' S ACTION: For applicants claiming displacement
resulting from a landlord' s actions, the Authority will
require a third-party written verification from the land-
lord or the landlord' s agent, certifying that the appli-
cant has been displaced or will be displaced within the
next six months as a result of the landlord' s action.
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' Section II . (cont' d)
For such a verification to be considered valid, it must
' indicate the reason for, or nature of the landlord' s
action, and include a certification stating that:
' ° The reason for the action is beyond the applicant' s
ability to control or prevent;
The action has happened or will be happening despite
the applicant having met a previously imposed condition
of occupancy, and
' ° The action is other than a recent increase.
(4) ABUSIVE SITUATION: For applicants claiming displacement
' pursuant to there being an abusive or threatening house-
hold member, the Authority shall require:
The applicant to supply the name of the abusive or
threatening household member; and
An acceptable third-party written verification from
' the court of competent jurisdiction, a clergyman, a
physician, or a public or private facility that provides
shelter or counselling to the victims of domestic violence.
' Such a verification will not be considered valid unless it:
Supplies the name of the threatening or abusive house-
hold member;
° Describes how the situation came to the verifier' s atten-
tion; and
' ° Indicates. that the threats and/or violence are of a
recent or continuing nature.
b. Substandard Housing.
(1) SUBSTANDARD UNIT: For applicants claiming to be residing
' in substandard housing, the Housing Authority will require
a third-party written verification from a unit or agency of
government, of the applicant' s landlord, indicating one
or more of the deficiencies outlined in the Definitions
Section of this policy. Where units or agencies of govern-
ment or the applicant' s landlord are unable or unwilling to
' supply such verification, an Authority employee may verify
that the applicant' s housing is substandard, after having
first conducted an inspection of the applicant' s unit.
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JULY 198$ POLICY AND PROCEDURE MANUAL 14.0
Section II . (cont'd)
(2) HOMELESS: For Applicants claiming to be homeless, the
Authority will require:
(a) The applicant' s statement that he/she lacks a fixed
regular and adequate night-time residence; and
(b) A third-party written verification from a public or
private facility that provides .shelter for homeless
individuals, or the local police department, or a
social services agency. certifying the family' s
homeless status in accordance with the definition
supplied in these policies. For individuals who
are homeless by virtue of having a primary night-
time residence for individuals intended to be
institutionalized the Authority will attempt to
ascertain whether such individuals have, in fact
been prospectively placed in an institution, and
' if so, the date set for institutionalization.
c. Paying more than 50% of Family Income for rent.
(1) For applicants claiming to be paying more than 506 of
family income for rent, the Authority will require the
following verifications:
° Complete verification of everything involved in
determining Annual Income, including Net Family
Assets and Asset Income.
° Verification of rent due to the family' s landlord
' or cooperative under the lease or occupancy agreement
by requiring the family to supply its most recent
rental receipts, or a copy of the family' s current
lease or occupancy agreement; or contacting the
' landlord or cooperative directly.
° Cost of amortizing the purchase price of a manufactured
home will be verified by requiring the family to supply
copies of its most recent payment receipts, which may
include cancelled checks or money order receipts or a
copy of the current purchase agreement; or contacting
the lien holder directly.
° Tenant paid utilities will be verified by having
' the family supply the appropriate bills or receipts;
or, obtaining the information directly from the
utility or service supplier.
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JULY 1988 POLICY AND PROCEDURE MANUAL 14.0
Section II . (cont'd)
' F. Notification Regarding Eligibility/Ineligibility for Federal Preference.
Applicants will be informed of their verified status with one of
the following letters:
a. Applicants who qualify for one or more of the Federal
Preferences will be sent the letter headed "You have
' been verified to qualify for the following Federal
Preferences".
' b. Applicants who have been determined not to qualify for
a Federal Preference will be sent the letter headed
"You do not qualify for a Federal Preference because. . . "
Such applicants will be given 10 days to set up an infor-
mal meeting to discuss the rejection of their Federal
Preferences and will be advised of their right to due
' process in a court of law if they feel the decision was
based upon illegal discrimination. The informal meeting
may be conducted by the Authority employee who denied
the Federal Preferences and one other Authority employee.
At the informal meeting, the Authority is under no
obligation to justify or deny either its definitions
' of the Federal Preference categories, or its verification
requirements relating to the Federal Preferences. The
Authority need only justify its decision to award or deny
the preferences.
G. Families Determined to be Ineligible. If an applicant family is
determined to be ineligible on the basis of income, family composition
' or for any other reason the application shall be notified promptly by
letter of the determination and the reasons therefor. The applicant
shall be informed in the letter of his/her right to an informal review,
if requested within 10 days from the date of the letter, to make a
reply or explanation as he/she may wish. If, after the hearing, the
applicant is still determined to be ineligible, the applicant shall be
' notified in writing.
The procedures of the above paragraph do not preclude the applicant
from exercising his/her other rights if it believes it is being dis-
criminated against on the basis of race, color, creed, religion, sex,
or national origin. The PHA shall retain for three years a copy of
the application, the notification letters, the applicant' s response
if any, the record of any informal review, and a statement of final
aisposition.
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JULY 1988 POLICY AND PROCEDURE MANUAL 14.0
SECTION III . ISSUANCE OF CERTIFICATES OF FAMILY PARTICIPATION OR HOUSING VOUCHER
' A. Certificates will be issued only Very-Low Ver -Low Income Families .unless
prior approval has been received by HUD.
Housing Vouchers will be issued to families that (1) qualify as very-
low income families or as lower-income families displaced 1/ by Rental
Rehabilitation Program activity; or (2) have been continuously assisted
under the U.S. Housing Act of 1937.
B. The Authority shall maintain a system to assure that it will be able to
r honor all outstanding Certificates of Family Participation or Housing
Vouchers within its Annual Contributions Contract authorization and
that it will comply, to the maximum extent feasible, with the unit
distribution in the said Contract.
C. Authority records on applicant and certified families shall be maintained
so as to provide HUD with racial , gender, and ethnic data for families,
in the Existing, Voucher, and the Moderate Rehabilitation Program. An
on-going record shall be maintained of the number of leases approved
' for lower but not very low income families in the Existing, Voucher
and Rehabilitation Programs.
D. In the selection of applicants for assistance; the same waiting list for
' the Housing Voucher Program and the Certificate Program will be used.
A family may not be penalized for refusing a Certificate if it desires
to wait for a Housing Voucher or conversely for refusing a Housing
Voucher to wait for a Certificate. If the family refuses the second
form of assistance when it is offered, the family will be taken off
' the waiting list.
The family may at any time reapply provided the Authority is accepting
applications.
1/ A Lower-Income Family in a rental rehabilitation project that is forced to
vacate a unit because of physical construction; housing overcrowding or a
change in use of the unit; is considered displaced for purposes of deter-
mining housing voucher eligibility.
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SECTION IV. OCCUPANCY STANDARDS
' The PHA shall enteron the Certificate or Voucher the smallest number
of bedrooms which will avoid overcrowding and at the same time be
consistant with the applicable Housing Quality Standards. Therefore,
' each Voucher or Certificate will identify at least one bedroom for each
two persons.
' The PHA shall grant exceptions from the standards if the PHA determines
the exceptions are justified by the relationship, age, sex, health or
handicap of family members, or other individual circumstances.
' Certificates or Vouchers for a particular number of bedrooms shall be
issued consistent with this Occupancy Standard and consistently for
all families of like composition.
1
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' PHA
JULY 1988 POLICY AND PROCEDURE MANUAL 14.0
SECTION V. SPECIAL PROVISIONS FOR FAMILIES RESIDING IN UNITS DESIGNATED
FOR REHABILITATION. ( Including CIAP)
1. Applications will be accepted from all families residing in
units designated for rehabilitation. These applications will
be processed in the same manner as those accepted for the
Existing Housing Program. Families residing in units to be
rehabbed (including those who are temporarily relocated)
shall not be placed on the waiting list nor shall they be
' subject to the provisions of Section II and Section III .
A lower-income single person residing in a unit to be re-habbed
may be determined eligible even if under age 62 and not disabled
' or handicapped. (Such a person would be eligible if displaced,
and the occupant, if required to move, would be displaced and
thus eligible for re-occupancy. )
' 2. Families with lower (but not very-low) incomes will be approved
for units in the Moderate Rehabililtation Program to prevent
displacement of lower-income families residing in the property
' prior to rehabilitation.
In the Moderate Rehabilitation Program, Owners are required to
fill vacant units by selecting families from the waiting list
for the Existing Housing Program. Therefore, applicants who are
at the top of the waiting list and eligible for assistance may be
referred .to Owners of available Moderately Rehabilitated Units.
3. In the case of lower income families living in rental a rehabilita-
tion project, before rehabilitation:
' (1) A Certificate or Voucher shall be made available for families
who are required to move out of their units because of the
' physical rehabilitation activities or because of overcrowding;
and
(2) A Certificate, shall be made available for families who have to
' pay more than 30 percent of their adjusted income for rent after
rehabilitation whether they choose to remain in, or move from,
the project..
' 4. The Authority must issue a Housing Voucher to any eligible family
forced by rental rehabilitation activities to vacate a unit because
of physical construction, housing overcrowding or a change in use
' of the unit; or whose rent would exceed 50 percent of its adjusted
income as a result of rental rehabilitation activities.
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JULY 1988 POLICY AND PROCEDURE MANUAL 14.0
1
Section V. (cont'd)
If an applicant is occupying a unit that has been, or is being, re-
' habilitated under the Rental Rehabilitation Program, the applicant
will be considered as paying more than 50% of its income for rent if
the applicant has been notified that following completion of reha-
bilitation its rent will be increased and the applicant in fact would
be required no later than 60 days from the issuance of a Certificate
under this part to pay more than 50 percent of its income to continue
' renting the rehabilitation unit.
5. Section 103(b) HCD Act 1987 exempts from percentage limitation dwelling
units made available under Section 8 Housing Assistance Contracts for
' the purpose of preventing displacement or amelinating the effects of
displacement causea by rents exceeding 30 percent of monthly adjusted
income of Lower-Income Families from projects being rehabilitated under
' the Rental Rehabilitation Program.
6. After the grantee approves a rental rehabilitation project, the
Authority shall issue any needed Housing Vouchers to families
living in the project to be rehabilitated. The Vouchers shall be
issued so as to give the families sufficient time to decide whether
to move; and to give them time to locate other units where they are
' required to move or choose to move.
7. The PHA may offer a Housing Voucher to a family from its Section 8
Waiting List who agrees to initially move into a dwelling unit rehab-
ilitated under the Rental Rehabilitation Program and specifically
identified by the PHA at the time the Housing Voucher is offered.
The Voucher must be issued approximately 60 days before estimated
rehabilitation completion work.
8. In using Voucher for families from the waiting list, the PHA shall not
' exceed the number of Vouchers allocated in connection with rental
rehabilitation in FY ' s 1984, 1985 and 1986.
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PHA
JULY 1988 POLICY AND PROCEDURE MANUAL 14.0
1
SECTION VI . HOLDERS OF CERTIFICATES OF FAMILY PARTICIPATIUN/HOUSING VOUCHER
' A. Each holder of a Certificate of Family Participation issued by this
PHA shall be responsible for finding an Existing Housing Unit suitable
to the holder' s needs and desires in any area within the Authority' s
' operating jurisdiction. A holder of a Certificate may select the
dwelling unit which the holder already occupies if the unit qualifies
as Existing Housing.
' A Certificate Holder may select a unit with fewer bedrooms than shown
on the Certificate if the unit meets the space requirements of the
' Housing Quality Standards. The Certificate Holder may select a unit
with more bedrooms than shown on the Certificate if the gross rent
does not exceed the FMR for the number of bedrooms shown on the
Certificate.
B. Each Voucher Holder shall be responsible for finding a unit suitable
to their needs and desires in any area within the Authority' s operating
' jurisdiction or by using the portability feature of the Voucher. The
Voucher Holder may select the dwelling unit which it already occupies
if the unit meets the Housing Quality Standards.
The Voucher Holder may select a unit with more or fewer bedrooms
than shown on the Housing Voucher for their family size; however
if the family selects a unit with fewer bedrooms, the unit must
1 meet the space requirements of the Housing .Quality Standard.
The Voucher Holder may choose a unit with a rent higher or lower
' than the Applicable Payment Standard in effect at the time a lease
is approved as long as the unit meets the Housing Quality Standards.
A Voucher Holder who intends to use the portability feature of their
Voucher and locate a dwelling unit outside the Authority' s operating
jurisdiction must first live in the Initial PHA' s jurisdiction or be
a current participant in the Initial PHA' s Housing Voucher Program.
The Authority shall deny a request to move when the number of Families
assisted under the portability feature of the Housing Voucher Program
would constitute more then 15 percent of units under lease in the
Initial PHA' s Housing Voucher Program.
The PHA shall issue a Housing Voucher or a Certificate to a Family
' moving from the Housing Voucher Program of another Authority, after
being notified to expect the family; or act in the capacity of the
Receiving PHA and perform all functions normally associated with
' providing assistance.
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JULY 1988 POLICY AND PROCEDURE MANUAL 14.0
Section VI (cont'd)
The Authority will promptly notify the Initial Authority if the Family
has entered into an Assisted Lease or has failed to submit a Request for
' Lease Approval by the date specified by the Initial PHA; and at any time
the Family ceases to be a current participant in the Initial PHA' s
Housing Voucher Program.
C. If a Certificate of Family Participation or Housing Voucher expires or
is about to expire, a family may submit a request for an extension.
The PHA will review with the family the efforts it has made to find
a suitable dwelling unit and the problems it has encountered, and
shall determine what advice or assistance might be helpful . If the
' Authority determines that there is a reasonable possibility that the
family may, with additional advice or assistance, find a suitable unit,
the Authority may grant one or more extensions, not to exceed a maximum
total of 120 days. Extensions beyond 120 days are prohibited. Expira-
tion of a Certificate or Voucher will not preclude the Family from filing
a new application for another Certificate, if, at the time the Authority
is accepting applications and the family continues to meet the eligi -
bility criteria.
D. Upon request, the Authority will provide assistance in finding units for
those families who, because of age, handicap, or other reasons, are unable
to locate approvable units. The Authority will also. provide assistance
where the family alleges that discrimination is preventing it from finding
a suitable unit.
' E. Subject to the availability of Annual Contributions Contract authorization
and the eligibility of an assisted family for continued participation, the
' PHA .will :
1. Issue a new Certificate of Family Participation or a Housing
' Voucher to a qualified assisted family 1/ who wishes to find
another dwelling unit either within the Authority' s jurisdic-
tion or, in the case of a family using the portability feature
of the Voucher Program, in the jurisdiction of another Authority.
2. Issue a new Certificate of Family Participation or a Housing
Voucher to a family assisted under the Existing Housing Program,
' who is eligible for continued assistance and who is required to
move through no fault of its own, such as increase or decrease
in family size.
3. Without prior HUD approval issue a new Certificate or Voucher to
an otherwise qualified lower-income family who wants to move or who
is required to move with continued assistance.
1/ Qualified assisted family is a family who is or who has been a participant
under the Section 8 Housing Assistance Payments Program and who has not
' been denied issuance of another Certificate or Voucher.
' PHA
JULY 19138 _ _ _POLICY AND PROCEDURE MANUNL_ _ _ _ _ _ _ _ —14.0
Section VI . (cont'd)
E. 4. Provide aid to a Family, residing in a moderately rehabilitated
unit, which is forced to move through no fault. of its own, such
as an increase or decrease in family size, prov.ided the Family
is eligible to continue to receive housing assistance. Aid will
be provided through one of the following means in the order stated:
(a) Referral to the Owner of any appropriate vacant moderately
rehabilitated unit, if such a vacancy exists.
' (b) Referral to the Owner of the next vacant unit which will
receive Moderate Rehabilitation provided a vacancy will
occur within a reasonable time after the Family is notified
to vacate its present unit.
(c) Issuance of a Certificate of Family Participation or a
Housing Voucher (if available) for the Existing Housing
Program with assistance provided in locating a suitable
replacement unit.
:.,(d.) Offer of the next available suitable unit in the conventional
Public Housing Program.
1
(e) Provide assistance in locating other suitable available housing in the locality (assisted or unassisted) within the Family' s
ability to pay.
1
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' JULY-1988 _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ —14.0
SECTION VII. DETERMINATION OF TOTAL TENANT PAYMENT--INCOME, ALLOWANCES
AND RENT COMPUTATIONS
A. ANNUAL INCOME
Annual income is the anticipated total income from all sources,
including net income derived from assets, received by the Family
Head and Spouse (even if temporarily absent) and by each additional
family member. Annual income is anticipated income for the 12-month
period following the effective date of initial determination or
1 re-examination of income, exclusive of income that is temporary,
non-recurring, or sporadic as defined later in this section or is
specifically excluded from income by other federal statute. Annual
Income includes but is not limited to:
1. The full amount, before any payroll deductions, of wages and
salaries, overtime pay, commissions, fees, tips and bonuses,
and other compensation for personal services;
2. The net income from operation .of a business or profession
including the withdrawal of cash or assets (for this purpose,
expenditures for business expansion or amortization of capital
indebtedness shall not be deducted to determine the net income
from a business. A straight line depreciation of assets used
1 in the business or profession may be deducted. )
3. Interest, dividends, and other net income of any kind from
real or personal property (for this purpose, expenditures
for amortization of capital idebtedness and an allowance for
depreciation of capital assets shall not be deducted to
determine the net income from real or personal property).
Where 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. Income will be imputed on assets in excess
! of $5,000 at a rate of 5.5% until HUD notifies the Authority
to use a different percentage.
4. The full of periodic payments received from social security,
! annuities, insurance policies, retirement funds, pensions,
disability or death benefits, and other similar types of
periodic receipts, including a lump-sum payment for the
delayed start of a periodic payment.
NOTE : Where Social Security is making a reduction in
monthly benefits to recoup amounts previously
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JULY 1988 _ _ _ _ _POLICY AND PROCEDURE WiANUAL_ _ _ _ _ _ _ _ —14.0 _
Section VII . (cont' d)
over-paid to a family; Annual Income shall
' include the portion of the monthly payment
remaining after the deduction for over-payment
has been made.
5. Payments in lieu of earnings, such as unemployment and disability
compensation, worker' s compensation, and severance pay. (See
the paragraph in the next section concerning lump-sum additions
to family assets. )
6. All welfare assistance payments received by or on behalf of any
family member.
. NOTE: Where welfare is making a reduction in monthly
' benefits to recoup amounts previously over-paid
to a family, Annual Income shall include the
portion of the monthly payment remaining after
the deduction for over-payment has been made.
7. Periodic and determinable allowances, such as alimony and
child support payments, and regular cash contributions or
gifts received from persons not residing in the dwelling
unit.
8. All regular pay, special pay, and .allowances of a member
of the Armed Forces. (See paragraph in the next section
concerning exposure to hostile fire. )
9. Any earned income tax credit to the extent it exceeds
income tax liability.
B. ITEMS EXCLUDED FROM ANNUAL INCOME
' Annual Income excludes the following amounts:
1. Income from the employment of children (including foster
children) under the age of 18 years;
2. Payments received for the care of foster children;
3. Lump sum additions to family assets, such as inheritances,
insurance payments (including payments under health, and
accident insurance and worker' s compensation) capital gains,
' and settlements for personal property losses; (but see
paragraph 5 in the previous section if payments are/will
be periodic in nature) .
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JULY_1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ —14.0 _ _ _
Section VII . (cont'd)
4. Amounts received by the family that are specifically for, or
in reimbursement of the cost of medical expense for any family
member;
' 5. Income of live-in aide;
6. Amounts of educational scholarships paid directly to the
student or to the educational institution, and amounts paid
by the government to a veteran, for use in meeting the costs
of tuition, fees, books, equipment, materials, supplies,
transportation, and miscellaneous personal expenses of the
student. Payment to a veteran not used for the above purpose
that is available for subsistence is to be included in income;
7. The special pay to a family member serving in the Armed Forces
who is exposed to hostile fire;
' 8. Amounts received under training . programs funded by HUD;
and amounts received by a disabled person that are dis-
regarded for a limited time for purposes of Supplemental
Security Income and benefits because they are set aside
for use under a Plan to Attain Self-Sufficiency (PASS) :
OR .amounts received by a participant in other publicly
assisted programs which are specifically for, or in
reimbursement of, out-of-pocket expenses incurred
(special equipment, clothing, transportation, child-
care, etc. ) to allow participation in a specific
program (e.g. , Job Training Partnership Act);
9. Temporary, non-recurring, or sporadic income (including
gifts; ) or
10. Amounts specifically excluded by any other Federal Statute
from consideration as income for purposes of determining
1 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
qual.ify for this exclusion. Updates will be published
and distributed when necessary. )
The following is a list of benefits that qualify for the
exclusion as of April 1, 1988.
° Relocation payments made under Title II of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4621-4638) .
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JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ —14.0
Section VII . (cont'd)
1
° The value of the allotment provided to an eligible
household for coupons under the Food Stamp Act of
1977. (7 U.S.C. 2011-2029) .
° Payments to volunteers under the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4951-4993) .
° Payments received under the Alaska Native Claims
Settlement Act (43 U.S.C. 5044g, 5058) .
° Income derived from certain submarginal land of
the United States that is held in trust . for certain
Indian tribes (25 U.S.C. 459e) .
° Payments or allowances made under the Department
of Health and Human Services Low-Income Home Energy
Assistance Program (42 U.S.C. 8621-8629) .
r ° Payments received from the Job Training Partner-
ship Act (29 U.S.C. 1552(b).
° Income derived from the disposition of funds
of the Grand River Band of Ottawa Indians
(Pub. L. 94-540, 90 State 2503-2504, and
° The frst $2,000.00 of per capita shares received
from judgement funds awarded by the Indian Claims
Commission or the Court of Claims (25 U.S.C. 1407-
1408) , or from funds held in trust for an Indian
Tribe by the Secretary of Interior (25 U.S.C. 117) ;
and
Amounts of scholarships funded under Title IV of
the Higher Education Act of 1965 that are used to
cover :the cost of attendance at 'an educational
institution. Examples of Title IV Programs are:
Basic Educational Opportunity Grants (Pell Grants),
Supplemental Opportunity Grants, State Student
Incentive Grants, College Work Study, and Byrd
Scholarships. See 6 above for the kinds of
expenses that are excluded from Annual Income.
° Payments received fromro rams funded under.
P 9
Title V of the Older Americans Act of 1965
(42 U.S.C. 3056 (f). Examples of programs under
this Act are: Senior Community Services Employ-
ment Program (SCSEP) Green Thumb, and the Senior
Aide Programs.
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I PHA
JULY 1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _14.0 _
Section VII . (cont'd)
' C. ANNUALIZING INCOME
The following computations will be used to annualize income:
1. Full-Time Employment. Multipy:
° hourly wages by 2,080 (for an 8-hour day)
weekly wages by 52 (NOT by 4 weeks/month X 12 months)
bi-weekly amounts by 26
' ° Semi-monthly amounts by 24
° Monthly amounts by 12.
2. Part-Time Employment. Multiply:
° Hourly wages times number of hours anticipated
for the year
° Average weekly amounts times the number of weeks
work is anticipated
° Other periodic amounts (monthly, etc. ) times the
number of such periods that the family member expects
to work
3. Use of an annual wage without additional calculations.
For example, if a teacher is paid $15,000/year, use
$15,000 whether the payment is made in 12 monthly
installments, 9 installments, or some other payment
I schedule. (This policy eliminates the need for interim
adjustments in the summer months).
D. ANTICIPATING ANNUAL INCOME
If it is not feasible to anticipate a level of income over a
12-month period, the Authority may use the annualized income
anticipated for a shorter period, subject to a redetermination
at the end of the shorter period.
E. ADJUSTED INCOME
t Adjusted Income (the income upon which rent is based) means
Annual Income less the following deductions and exemptions:
For All Families
1. Child Care Expenses--A deduction of amounts anticipated to be
paid by the family for the care of children under 13 years of
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JULY 1988 _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ —14.0
Section VII . (cont'd)
age for the period for which Annual Income is computed, but
only when such care is necessary to enable a family member to
be gainfully employed or to further his/her education. Amounts
deducted must be unreimbursed expenses and shall not exceed:
° The amount of income earned by the family membe r
released to work; or
° An amount determined to be reasonable by the Authority
when the expense is incurred to permit education or
' look for work.
2. An exemption of $480 for each member of the family residing in
the household (other than the head, or spouse, live-in aide,
or 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.
3. Handicapped Expenses--a deduction of unreimbursed amounts
paid for attendant care or auxilary apparatus expenses for
handicapped family members where such expenses are necessary
to permit a family member(s), including the handicapped/disabled
member, to be employed. In no event may the amount of the
deduction exceed the employment income earned by the family
' member(s) freed to work.
Equipment and auxiliary apparatus may include but are not
limited to: wheelchairs, lifts, reading devices for the
visually handicapped, and equipment added to cars and vans
to permit their use by the handicapped or disabled family
member. Where major expenses for handicapped apparatus
are being paid for over time, only the portion of the total
bill being paid off during the twelve months covered by the
certification or re-examination shall be permitted. Allowable
handicapped expenses for a year will be equal to: Total
unreimbursed expenses anticipated for the coming twelve months
minus 3% of Annual Income, but NEVER more than the employment
income made possible by the care or apparatus.
For Elderly Families Only:
1. Medical Expenses Deduction--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
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PHA
jULY_1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ —14.0 _ _ _
Section VII . (cont'd)
of Medicare) , prescription and non-prescription medicines,
transportation to and from treatment, dental expenses, eye-
glasses, hearing aide and batteries, attendant care (unrelated
to employment of family members) , and payment accumulated
medical bills. To be considered by the Authority for the
purpose of determining a deduction from income the expenses
claimed must be verifiable.
NOTE : Need for alive-in aide must be verified by a
third-party before the Authority will permit a
family to move a live-in aide into the unit.
NOTE: Whether an Elderly family is claiming only medical
or handicapped expenses, or both of the deductions,
3% of Annual Income shall be deducted once., from the
sum of verified unreimbursed handicapped and medical
expenses anticipated for the coming year, in deter-
mining the combined allowable amount.
' 5. Elderly Household Exemption--An exemption of $400 per
Household.
' F. VERIFYING ANNUAL INCOME
1. Projections of Annual Income shall be based on the best available
information, with due consideration to past year' s income, current
income rate and effective date; and shall include estimates for
each income recipient in the family group.
2. The income of irregular workers will be estimated on the basis
of. the best information available, . with due consideration to
earning ability and work history.
3. Overtime will be computed . in accordance with verification
obtained from the employer in the absence of more reliable
or accurate information.
4. Income is the most important factor in determining a family's
eligibility and rent. The Authority has established methods
of verifying income which include:
a. Written third-party verification through an employer or
public agency. Authority staff may update this verifica-
tion by. phone provided a memorandum. to the file is prepared.
1
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JULY-1988 _ _ _ _ _ _ _ POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ —14.0
Section V1I. (cont'd)
b. Authority review of documentation provided by the family,
such as:
° Benefit Checks
° Income tax .returns
° W-2 forms
c. In the absence of any of the above, affidavits from
the family describing the amount and type of income
are acceptable documentation.
t Note: The Authority will not copy checks issued by
the U.S. Government.
' G. RENT COMPUTATION
1. All rents shall be computed using the following formula:
Total Tenant Payment equals therg eater of:
30% of Monthly Adjusted Income
iOR
10% of Monthly Income
2. Application of the 10% Rent Increase Limitation
a. For tenants who were assisted prior to 8/1/82, and .
who have been assisted continuously since that time;
rents will be computed so as to ensure that rent
' increases in excess of 10% per year do not occur
as a result of the cumulative effect of:
° The elimination of ceiling rents in effect at
the Authority as of 7/31/82;
° The change in the rent formula mandated by
the .1981 Housing and Community Development
Amendments, in which a public housing
tenant' s share of the rent increased from
25% of monthly adjusted income to 30% of
' monthly adjusted income.
° The changes in income, asset and allowance
policies mandated by the 1983 Housing and
Urban Rural Recovery Act, which went into
effect on 10/1/84.
i
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JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ —14.0
Section VII. (cont'd)
1 b. For tenants who were assisted between 8/1/82 and
6/30/84, and who have been assisted continuously
since their move-in; rents will be computed so
1 as to ensure that rent increases in excess of
10% per year do not occur as a result of the
cumulative effect of:
° The changes in income, asset, and allowance
policies mandated by the 1983 Housing and Urban
1 Rural Recovery Act, which went into effect on
10/1/84.
Tenants in the categories (2a) and (2b) above shall have their
' rents tested for the effect of the 10% rent increase limita-
tion any time their rents are computed, whether at an annual
or interim re-examination, until a rent is computed for which
1 it was not necessary to apply the 10% cap. Once an uncapped
rent is calculated for a tenant, the tenant loses the right
to the rent increase limitation, and it shall no longer be
necessary to subject future rent computations to the rent
increase limitation test.
(VOTE : THE AUTHORITY SHALL USE RENT WORKSHEETS TO ENSURE
THAT RENTS ARE COMPUTED CORRECTLY.
r
i
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. 1
1 -27-
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' PHA
JULY-198.8 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ _ —14.0 _
SECTION VIII . DEFINTION OF TERMS USED IN THIS POLICY
1. Area of Operation--Housing units owned by the Housing Authority of
the County of Contra Costa.
2. Assets--Assets means "cash" (including checking accounts) , stocks,
' bonds, savings, equity in real property, or the cash value of life
insurance policies, not including the value of personal property
such as furniture, automobiles and household effects. "
IMPORTANT: See definition number 24 for a description of
' of Family Assets, used to compute Annual Income.
3. Authority--The Housing Authority of the County of Contra Costa.
' 4. Child Care Expenses--Costs incurred for the care of children under
the age of 13, where such care enables a family member to work or
further his/her education. Where such costs are incurred to permit
' employment, the amount permitted may not exceed the employment income
made possible by the care. In any case, the cost of care must be
reasonable given the hours and type of care provided, and the number
and age of the children for whom care is provided. Third-party
written verification must be received by the Authority before such
expenses will be allowed. For such costs to be eligible, they must
not be paid to any family member residing in the unit, must not be
pre-paid or reimbursed by any outside agency or individual , and
there must be no adult family member (18 or older, head or spouse)
at home during the hours care is provided who would be capable of
providing the care.
5. Co-head--An adult member of a family and co-signor to the lease
' who is not in a spousal relationship with the head.
EXAMPLE. Two unrelated women, aged 75 and 73, share a unit.
Rather than designating one the head and the other
' the spouse, both would be designated "co-head".
' 6. Dependent--A member of the household, other than head, spouse, sole
member, foster child, or live-in aide, who is under 18 years of age,
or 18 years of age or older and disabled, handicapped or a full-time
student.
' 7. Disabled Person--A person who is under a disability as defined in
Section 223 of the Social Security Act or in Section 102(5)(b) of
' the Developmental . Disabilities Services and Facilities Construction
Amendments of 1970.
' a. Section 223 of the Social Security Act defines
disability as:
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JULY 198 _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ _ —14.0
Section VIII . (cont'd)
1
Inability to engage in any substantial gainful
' activity by reason of any medically determinable
physical or mental impairment which can be expected
to result in death or which has lasted or can be
' expected to last for a continuous period of not
less than 12 months; OR
' In the case of an individual who has attained the
age of 55 and is blind (within the meaning of
"blindness" as defined in Section 416(1 )(1) of
this title) , and unable by reason of such blind-
ness to engage in substantial gainful activity
requiring skills abilities comparable to those
of any gainful activity in which he/she has
' previously engaged with some regularity and
over a substantial period of time.
b. Section 102(5)(b) of the Development Disabilities Services and
Facilities Construction Amendments of 1970 defines disability
as: Disability attributable to mental retardation, cerebral
palsy, epilepsy, or another neurological condition of an
individual found by the Secretary of Health, Education and
Welfare to be closely related to mental retardation or to
require treatment similar to that required for mentally
retarded individuals, which disability originates before such
individual attains age 18, which has continued indefinitely,
and which constitutes a substantial handicap to such individual .
8. Displaced Family--A person or family involuntarily displaced as
defined in this section. (See Involuntarily Displaced)
9. Divestiture Income--Income imputed on assets disposed of within
the past two years for less than Fair Market Value, by an applicant
or tenant. (See Net Family Assets)
10. Elderly Family--A family whose head, spouse, or sole member is at
least sixty-two years of age, or handicapped or disabled. It may
also include two unrelated persons sixty-two or older, handicapped
or disabled, or one or more such persons living with a live-in
aide or aides.
' 11. Elderly Person--A person who is at least 62' years of age.
12. Family--Two or more persons regularly living together, related by
blood, marriage, adoption, guardianship or operation of law; or an
Elderly Family, Displaced Person or remaining member of a tenant
' -29-
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PHA
' JULY_1982 _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ _ _ — _ _
Section VIII . (cont 'd)
family (as defined in this section) . Foster children and live-in
aides may reside in a unit, provided prior written approval has
been granted by the Housing Authority, but under no circumstances
shall they have any rights to the unit as the remaining member of
a tenant family.
13. Family of a Veteran or Serviceman--A family shall be considered as
qualifying for this definition if:
' f
a. The head is a veteran or serviceman;
' b. The family includes a veteran or serviceman related
to the head (spouse, son or daughter of the head);
' c. The spouse, who has not re-married of a deceased veteran;
d. The surviving relative of a deceased veteran who was a family
member other than head at the time of death (i .e. mother of a
' soldier killed in Vietnam);
e. The family of a veteran or serviceman, formerly head, who is
' now permanently absent due to hospitilization, separation,
desertion, or divorce. Such a family shall qualify only if:
The remaining spouse has not re-married, and there remains
in the unit one or more persons for whom the former head is
' legally responsible.
f. The family of a veteran or serviceman, now permanently hos-
pitalized, who was a family member other than head at the time
of hospitalization, and there remains in the family at least
two persons related to the hospitalized individual . (i .e.
' Mother and sister of a hospitalized Vietnam Veteran) .
14. Full-Time Student--A person who is carrying a subject load which is
considered full-time for day students under the standards and prac-
tices of the educational institution attended. Educational insti-
tution shall include, but not be limited to, college, university,
secondary school , vocational school , or trade school .
' (24 CFR 913.102) .
15. Handicapped Expense Allowance--Costs incurred for apparatus or
' attendant care for handicapped/disabled family member(s) , which
permit a family member (including the handicapped/disabled person)
to work. Such. expenses may not exceed the employment income made
possible by the care or apparatus. Both the amount of such .expenses
1 and the need for them, as a condition of employment, must be veri-
fied before the Authority will allow them. Expenses pre-paid or
reimbursed by outside agencies or individuals are ineligible.
1
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JUL Y_1988 _ _ _ _ _ _ _ _PULICY AND PROCEDURE 14ANUAL_ _ _ _ _ _ _ _ _ _ —14.0
Section VIII . (cont'd)
1
Where substantial expenses for apparatus are being paid off by
time payments, only the portion paid off during the 12 month
period for which rent is computed shall be allowed.
' 16. Handicapped Person--A person having an impairment which (a) is
expected to be of long continued and indefinite duration, (b) sub-
stantially impedes his/her ability to live independently, and (c)
' is of such nature that such disability could be improved by more
suitable housing conditions. (24 CFR 913.102) .
' 17. Head of Household--The person who assumes responsibility for the
household. Authority policy dictates that a head of household
must be at least 18 years of age to execute a lease agreement.
18. Involuntarily Displaced--An applicant qualifies for this Federal
Preference if:
' a. The applicant has been involuntarily displaced and is not
living in standard, permanent replacement housing, OR
b. The applicant will be involuntarily displaced within no more
than six months from the date of any verification received by
the Authority.
' For the involuntary displacement to qualify the applicant for the
Federal Preference, it must .fall into one or more of the following
categories of action:
° A disaster, such as fire or flood, that results
in the uninhabitability of the unit;
' ° Activity carried on by an agency or unit of
government (Federal of Local) connected with
code enforcement, public improvement programs,
' or public development programs;
*. Action taken by a housing owner that results in an applicant
' having to vacate his/her unit, provided that:
c. The reason for the owner' s action is beyond an applicant' s
' ability to control or prevent.
d. The action occurs despite the applicant having met all
previously imposed conditions of occupancy (thus, eviction
' for non-payment of rent or other lease violations disqual-
ifies an applicant for this category of displacement); AND
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JULY-198.8 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ _ —14.0
Section VIII . (cont'd)
' e. The action taken is other than a rent increase.
f. Eligible actions a housing. owner might take that could qualify
an applicant as involuntarily displaced include, but are not
limited to:
° Conversion of the unit to non-rental or non-residential use;
° Closing of the unit for rehabilitation or any other reason;
' ° Notice to an applicant that he/she must vacate the unit
for the owner' s personal or family use or occupancy;
° Sale of the unit in which the applicant resides under
an agreement to vacate when possession is transferred;
Any other legal act that results or will result in the
' withdrawal of the unit by the owner from the rental market.
The reasons listed above do not include vacating the unit
by the tenant as a result of actions taken because the
tenant refused to:
° Comply with applicable program policies or procedures
' under this title (the 1937 Housing Act) with respect
to the occupancy of underoccupied and overcrowded units
' ° Accept a transfer to another housing unit in accordance
with a court decree or in accordance with the policies
and procedures of. a. HUD-approved desegregation plan.
' 9• An Applicant may also qualify as involuntarily displaced, if;
' ° The applicant has vacated his/her housing unit as
the result of actual or threatened physical violence
directed against the applicant or one or more member
iof the applicant' s household.
The applicants lives in a unit with an individual who
' engages in such threats or violence.
The actual or threatened violence must be .verified in accordance
with the Authority's requirements and be of a recent or continuing
nature, for an applicant claiming these circumstances to qualify
as involuntarily displaced.
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' JULY-198.8 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ _ —14.0
Section V1II . (cont'd)
' 19. Live-In-Aide--Ay
erson who resides with an Elderly, Handica ed or
P � PP
Disabled Person or persons, and who: .
(a) Is determined by the Authority to be essential to the care
and well-being of the persons;
(b) is not obligated to support the family member for whom care is
being provided; and
(c) would not be living in the unit except to provide the necessary
supportive services.
Housing Authority policy on Live-in Aides stipulates that:
' ° Before a Live-In Aide may be moved into a unit, a
third-party written .verification must be supplied
which establishes the need for care;
° Move-in of a Live-In Aide must not result in .
over-crowding;
The family of a Live-In Aide will not be permit
ted to move into the unit;
Live-In Aides have no right to the unit as the
remaining member of a tenant family, and
1 ° Relatives who satisfy the definitions and stipula-
tions may qualify as live-in aides. However, they
must sign a statement relinquishing all rights to
the unit as a remaining member of a tenant family.
20. Lower Income Family--A family whose Annual Income does not exceed
' 80% of the median income for the area as determined by HUD with
adjustments for smaller and larger families.
21. Medical Expense Allowance--For purposes of adjusted income
determination, for elderly families only,. medical expenses mean the
medical expenses in excess of 3% of Annual Income, where these
expenses are not compensated for or covered by insurance.
22. Minor--A minor is a person less than 18 years of age. An unborn
child will not be considered a minor.
23. Net Family Assets--The net cash value, after deducting reasonable
costs that would be incurred in disposing of;
' ° Real property (land, houses, mobile homes)
Savings. (CDS, IRA or KEOUGH accounts, checking
and savings accounts, precious metals)
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' JuLY_1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ _ —14.0
Section VIII . .(cont'd)
° Cash value of life insurance policies
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Stocks and bonds (mutual fund, corporate bonds,savings bonds)
° Other forms of capital investments (business equipment)
Net cash value is determined by subtracting the
reasonable costs likely to be incurred in selling or
disposing of an asset from the market value of the
asset. Examples of such costs are: Broker or legal
I fees, settlement costs for real property, penalties
for withdrawing savings funds before maturity.
Net Family Assets also includes the amount in excess of any consi-
deration received or assets disposed of by an applicant or tenant
for less than fair market value during the two years preceding the
date of the initial application or re-examination. This does not
apply to assets transferred as the result of a foreclosure or bank-
ruptcy sale.
In the case of a disposition as a part of a separation or divorce
settlement, the dispostion will not be considered .to be less than
fair market value if the applicant or tenant receives important
' considerations not measurable in dollar terms. (24 CFR 913.102)
24. Paying more than 50% of Income for Rent--A family must be paying
more than 50% of income for rent at the time of verification by
the Authority to qualify for this Federal Preference. Family
Income is Monthly Income or 1/12 of Annual Income. Rent is the
actual amount due, calculated on a monthly basis, under a lease
' or occupancy agreement between a family and the family's current
landlord. Rent includes the monthly cost of shelter plus utilities
when utilities are tenant-paid.
For applicants who own a manufactured home, but rent the space upon
which it is located, rent includes the monthly payment to amortize
the purchase price of the home.
For applicants who are members of a cooperative, rent means the
charges under the occupancy agreement between the members and the
' cooperative. If the utilities are purchased directly by the tenant
from the utility providers the applicable utility cost is determined
in one of two ways:
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' JULY-198.8 _ _ _ _ _ _ _ _POLICY AND PROCEDURE IIANUAL_ _ _ _ _ _ _ _ _ _ —14.0
Section VIII . (cont'd)
The Authority' s reasonable estimate of tenant-
punccased utilities (except telephone) and the
other housing services normally included in rent
(e.g. trash collectin) OR
° If the Family Chooses, the average monthly payments
that it actually made for these utilities and services
for the most recent 12-month period; or if that informa-
tion is not obtainable for 'the entire 12-month period,
for an appropriate recent period.
Amounts paid to or on behalf of the family under any energy assis-
tance program must be subtracted from the rent amount to the extent
that they are not included in income.
r
The formula for establishing the 50% of income for rent preference
can be expressed as follows:
(A) RENT = MONTHLY RENT OR SHELTER
+ MONTHLY UTILITY OR HOUSING SERVICES LESS
ENERGY ASSISTANCE PAYMENTS NOT COUNTED IN INCOME
(B) 50% OF FAMILY INCOME = ANNUAL INCOME DIVIDED BY 12 X 50%
r
(C) IS (A) GRATER THAN (B)? YES NO
If yes, the family qualifies; if no the family is not entitled to
the preference.
25. Servicemen-- A person in the active military services of the
United States, meaning only the Army, Navy, Air Force, Marine
Corps, and Coast Guard. Such service does not include Merchant
Marine, Red Cross, National Guard, Active Reserve Service, or
any other organization not actually part of the Military or
Naval Service of the United States.
26. Single Person--A person living alone or intending to live alone
who does not qualify as an elderly family, displaced person, or
the remaining member of a tenant family. (24 CFR 912.2) The
Authority will not admit single persons without prior authoriza-
tion by HUD. Single persons who are a displaced family, or an
elderly family as defined in this section, or the remaining
member of a tenant family, may be housed without HUD approval .
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JULY_1988 _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ _ _ — _ _
Section VIII . (cont'd)
27. Spouse--Spouse means the husband or wife of the head of the
household.
28. Standard, Permanent, Replacement Housing--Such housing is:
* Decent, safe and sanitary
* Adequate for the family size
* Occupied pursuant to a lease or occupancy agreement; and
* IS NOT a transient facility such as a motel , hotel , or
temporary shelter for victims of domestic violence or
homeless families. (In the case of domestic violence,
the housing unit which the applicant shared with the
person who engaged in the violence is specifically
excluded from this definition. )
29. Substandard Housing--A unit is substandard if it:
* Is dilapidated
* Does not have operable indoor plumbing
* Does not have a usable flush toilet inside the unit for
the exclusive use of the family
* Does not have a usable bathtub or shower inside the unit
for the exclusive use of the family
* Does not have electricity, or has inadequate or unsafe
electrical service;
* Does not have a safe or adequate source of heat;
* Should, but does not, have a kitchen; or
* Has been declared unfit for habitation by an agency
or unit of government.
A housing unit is delapidated if it.
-- does not provide safe and adequate shelter, and in its
present condition endangers the health, safety, or
well-being of the family; or
-- it has one or more critical defects, or a combination of
intermediate defects in sufficient number and extent to
require considerable repair or rebuilding. The defects
may involve original construction, or they may result
from continued neglect or lack of repair, or from serious
damage to the structure.
NOTE: Single Room Occupancy (SRO) is not considered substandard
solely because it lacks sanitary or food preparation
facilities (or both) .
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JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ _ —14.0 _
Section VIII . (cont'd)
Applicants who are homeless families are considered to
be living in substandard housing.
A homeless family is defined in the McKinney Homeless Assistance
Act (PL 100-77. approved July 22, 1987) . The definition of a
homeless family includes any individual or family who:
° Lacks a fixed, regular, and adequate nightime residence, and
' ° Has a primary nightime residence that is:
A supervised publicly or privately operated shelter
designed to provide temporary living accomodations
(including welfare hotels, congregate shelters, and
transitional housing for the mentally ill );
An institution that provides a temporary residence
for individuals intended to be institutionalized; or
A public or private place not designed for, or ordinarily
used as a regular sleeping accomodation for human beings.
Homeless family does NOT include any individual imprisoned
' by otherwise detained pursuant to an Act of Congress or
State Law.
30. Tenant Rent--The amount payable monthly by the Family as rent
to the Authority. Where all utilities (except telephone) and
other essential housing services are supplied by the Authority,
' Tenant Rent equals Total Tenant Payment. Where some or all
utilities (except telephone) and other essential housing
services are not supplied by the Authority and the cost
thereof is not included in the amount paid as rent, Tenant
' Rent equals Total Tenant Payment less the Utility Allowance.
(24 CFR, 913.102)
31. Total Tenant Payment--The Total Tenant Payment is the total
monthly amount paid by the tenant for shelter and utilities.
32. Utilities--Utilities means water, electricity, gas, other
heating, refrigeration and cooking fuels, trash collection,
and sewerage services. Telephone service is not included as
a utility. (7465.1 REV-2 App.3)
33. Utility Reimbursement--Funds that are reimbursed to a tenant
if the utility allowance exceeds the Total Tenant Payment.
' (24 CFR 913.102)
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JULY-1988 _ _ _ _ _ _ _ _POLICY AND PROCEDURE MANUAL_ _ _ _ _ _ _ _ _ _ —14.0
Section VIII . (cont'd)
34. Very Low Income Family--A family whose Annual Income does not
exceed 50% of the median Annual Income for the area, with
adjustments for smaller and larger families, as determined by
the Secretary .of Housing and. Urban Development.
35. Veteran-- A person who has served in the active military or
naval service of the United States, is no longer in the service,
and was not dishonorably discharged.
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