The Housing Authority Of the City & County of Sacramento 2008Admissions And Continued Occupancy Policy (ACOP) Effective 1/1/2008 “DRAFT FOR PUBLIC COMMENT” (Page Formatting TBD) TABLE OF CONTENTS HOUSING AUTHORITY ADMISSIONS AND CONTINUED OCCUPANCY POLICY Chapter 1-STATEMENT OF POLICIES AND OBJECTIVES A. Public Housing Agency Mission Statement..................................................................................1-1 B. Local Objectives...........................................................................................................................1-1 C. Purpose of the Policy....................................................................................................................1-2 D. Fair Housing Policy.......................................................................................................................1-3 E. Reasonable Accommodation Policy.............................................................................................1-3 F. Translation of Documents and Plan for Language Assistance for Limited English Proficiency (LEP) Persons........................................................................................................................ 1-5 G. Family Outreach...........................................................................................................................1-6 H. Privacy Rights..............................................................................................................................1-7 I. Posting of Required Information ..................................................................................................1-7 J. Public Housing Management Assessment System (PHAS) Objectives.......................................1-8 Chapter 2-ELIGIBILITY FOR ADMISSION A. Factors Affecting Admission.........................................................................................................2-1 B. Family Composition......................................................................................................................2-3 C. Income Limitations.......................................................................................................................2-6 D. Social Security Numbers...............................................................................................................2-6 E. Citizenship/Eligible Immigration Status.........................................................................................2-6 F. Other Criteria for Admission..........................................................................................................2-7 G. Denial of Admission for Drug-Related and/or Other Criminal Activity........................................2-13 Chapter 3-APPLYING FOR ADMISSION A. Overview of the Pre-Application Process......................................................................................3-1 B. Completion of a Full Application...................................................................................................3-3 C. Final Determination and Notification of Eligibility..........................................................................3-5 Chapter 4-RESIDENT SELECTION AND ASSIGNMENT PLAN A. Management of the Waiting List...................................................................................................4-1 B. Site Based Waiting Lists...............................................................................................................4-2 C. Assignment of Units Designated for the Elderly, Disabled, or Mixed Use....................................4-3 D. General Occupancy Units.............................................................................................................4-4 E. Accessible Units...........................................................................................................................4-4 F. Offer of Placement on the Housing Choice Voucher (HCV) ........................................................4-4 G. Removal From Waiting List and Purging......................................................................................4-5 H. Waiting List Preferences...............................................................................................................4-5 I. Preference Denial.........................................................................................................................4-6 J. Special Admissions......................................................................................................................4-6 K. Matching Unit and Family Characteristics.....................................................................................4-7 L. Income Targeting.........................................................................................................................4-7 M. Deconcentration of Poverty and Income-Mixing...........................................................................4-8 N. Plan for Unit Offers........................................................................................................................4-9 O. Changes Prior to Unit Offer.........................................................................................................4-10 P. Applicant Status After Final Unit Offer........................................................................................4-10 Q. Time-Limit For Acceptance of Unit..............................................................................................4-10 R. Refusal of Offer..........................................................................................................................4-11 Chapter 5-OCCUPANCY GUIDELINES A. Determining Unit Size...................................................................................................................5-1 B. Exceptions to Occupancy Standards............................................................................................5-2 C. Accessible Units...........................................................................................................................5-4 Chapter 6-DETERMINATION OF TOTAL TENANT PAYMENT A. Minimum Rent..............................................................................................................................6-1 B. Income and Allowances................................................................................................................6-4 C. Disallowance of Earned Income from Rent Determinations-(EID)...............................................6-5 D. Individual Savings Accounts.........................................................................................................6-8 E. Training Programs Funded By HUD.............................................................................................6-8 F. Wages From Employment with the PHA or Resident Organization.............................................6-8 G. Averaging and Annualizing Income..............................................................................................6-8 H. Minimum Income..........................................................................................................................6-8 I. Income of Person Permanently Confined to Nursing Home.........................................................6-9 J. Regular Contributions and Gifts....................................................................................................6-9 K. Alimony and Child Support...........................................................................................................6-9 L. Lump Sum Receipts....................................................................................................................6-10 M. Assets and Asset Income............................................................................................................6-11 N. Contributions to Retirement Funds.............................................................................................6-11 O. Assets Disposed of For Less Than Market Value.......................................................................6-12 P. Childcare Expenses....................................................................................................................6-12 Q Disability Assistance Expense....................................................................................................6-13 R. Medical Expenses.......................................................................................................................6-13 S. Proration of Assistance For “Mixed” Families ............................................................................6-14 T. Income Changes Resulting From Welfare Program Requirements...........................................6-14 U. Utility Allowance and Utility Reimbursement Payments ............................................................6-14 V. Family Choice Rents ..................................................................................................................6-15 W. PHA’s Flat Rent Methodology.....................................................................................................6-16 Chapter 7-VERIFICATION PROCEDURES A. Methods of Verification and Time Allowed....................................................................................7-1 B. Release of Information..................................................................................................................7-6 C. Items to be Verified.......................................................................................................................7-7 D. Verification of Income....................................................................................................................7-8 E. Income from Assets....................................................................................................................7-11 F. Verification of Assets...................................................................................................................7-12 G. Verification of Allowable Deductions From Income....................................................................7-13 H. Verifying Non-Financial Factors..................................................................................................7-15 I. Verification of Waiting List Preferences......................................................................................7-20 J. Verification of Suitability for Admission.......................................................................................7-20 Chapter 8-TRANSFER POLICY A. Involuntary (Mandatory) Transfers................................................................................................8-1 B. Voluntary Transfers......................................................................................................................8-2 C. Transfer Waiting List.....................................................................................................................8-3 Chapter 9-LEASING A. Lease Terms and Conditions........................................................................................................9-1 B. Lease Orientation.........................................................................................................................9-5 C. Execution of Lease........................................................................................................................9-5 D. Additions to the Lease...................................................................................................................9-8 E. Leasing Units with Accessible or Adaptable Features..................................................................9-9 F. Utility Services............................................................................................................................9-11 G. Security Deposits.......................................................................................................................9-11 H. Rent Payments...........................................................................................................................9-12 I. Fees and Nonpayment Penalties................................................................................................9-12 J. Schedule of Fees and Charges..................................................................................................9-12 K. Modifications to the Lease..........................................................................................................9-12 L. Cancellation of the Lease...........................................................................................................9-13 M. Inspections of Public Housing Units............................................................................................9-13 N. Pest Control...............................................................................................................................9-16 O. Trash Disposal and Recycle Program........................................................................................9-16 P. Appliances..................................................................................................................................9-16 Q. Screen Doors.............................................................................................................................9-17 R. Window Coverings......................................................................................................................9-17 S. Gardening..................................................................................................................................9-17 T. Parking.......................................................................................................................................9-17 U. Inoperative and Abandoned Vehicles.........................................................................................9-18 V. Miscellaneous Policies.................................................................................................................9-18 W. Key Control.................................................................................................................................9-18 X. Wading Pools………………………………………………………………………….9-19 Chapter 10-PET POLICY A. Registration of Pets.....................................................................................................................10-1 B Non-Applicability of Pet Policy to Animals that Assist Persons with Disabilities.........................10-1 C. Advance Permission, Registration, and Pet Deposits......................................10-2 D. Prohibited Animals......................................................................................................................10-3 E. Additional Prohibitions and Requirements..................................................................................10-4 F. Inspections and Other Rights of the Authority............................................................................10-5 G. Pet Removal...............................................................................................................................10-5 H. Termination of Tenancy..............................................................................................................10-5 I. Disposition of Pet Deposit(s).......................................................................................................10-6 J. Liability.......................................................................................................................................10-6 K. Refusal to Register Pets.............................................................................................................10-6 L. Pets Temporarily on the Premises..............................................................................................10-6 Chapter 11-RECERTIFICATIONS A. Eligibility for Continued Occupancy............................................................................................11-1 B. Annual Recertifications...............................................................................................................11-1 C. Reporting Interim Changes.........................................................................................................11-5 D. Income Changes Resulting From Welfare Program Requirements...........................................11-9 E. Timely Reporting of Changes in Income (and Assets).............................................................11-10 F. Remaining Member of Resident Family – Retention of Unit ....................................................11-11 G. Changes in Unit Size ................................................................................................................11-11 H. Continuance of Assistance for “Mixed” Families ......................................................................11-12 Chapter 12-LEASE TERMINATIONS A. Termination by Resident.............................................................................................................12-1 B. Termination by PHA....................................................................................................................12-1 C. Notification Requirements...........................................................................................................12-2 D. Record Keeping.........................................................................................................................12-4 E. Terminations Due to Ineligible Immigration Status.....................................................................12-4 Chapter 13-COMPLAINTS, GRIEVANCES AND APPEALS A. Complaints.................................................................................................................................13-1 B. Informal Review Procedures for Applicants................................................................................13-2 C. Informal Hearing Procedures for Residents................................................................................13-3 D. Formal Hearing Procedures........................................................................................................13-4 E. Hearing And Appeal Provisions for “Restrictions On Assistance To Non-Citizens 13-9 Chapter 14-FAMILY DEBTS TO THE PHA A. Payment Agreement for Families................................................................................................14-1 B. Debts Due to Misrepresentation of Information..........................................................................14-2 C. Writing Off Debts.........................................................................................................................14-3 Chapter 15-COMMUNITY SERVICE AND SELF-SUFFICIENCY A. Program Requirements.................................................................................................................15-1 B. PHA Responsibilities...................................................................................................................15-2 C. Exempt Adults.............................................................................................................................15-3 D. Noncompliance of Family Members.............................................................................................15-3 Chapter 16-GLOSSARY I. Terms Used in Determining Rent................................................................................................16-1 II. Glossary of Housing Terms........................................................................................................16-7 III. Glossary of Terms Used in the Non-citizens Rule....................................................................16-19 Chapter 17-PROGRAM INTEGRITY ADDENDUM A. Criteria for Investigation of Suspected Abuse and Fraud...........................................................17-1 B. Steps the PHA will Take to Prevent Program Abuse and Fraud................................................17-2 C. Steps the PHA will Take to Detect Program Abuse and Fraud..................................................17-2 D. The PHA’s Handling of Allegations of Possible Abuse and Fraud.............................................17-3 E. How the PHA will Investigate Allegations of Abuse and Fraud...................................................17-4 F. Placement of Documents, Evidence, and Statements Obtained by the PHA.............................17-5 G. Conclusion of the PHA’s Investigative Review...........................................................................17-5 H. Evaluation of the Findings...........................................................................................................17-5 I. Action Procedures for Violations Which Have Been Documented.............................................17-5 CHAPTER 1 STATEMENT OF POLICIES AND OBJECTIVES INTRODUCTION The U.S. Housing Act of 1937 created the low rent Public Housing program. Administration of the Public Housing program and the functions and responsibilities of the Public Housing Agency (PHA) of the City and County of Sacramento staff shall be in compliance with the PHA’s Personnel Policy, any union agreements of the PHA, and this Admissions and Continued Occupancy Policy (ACOP). The administration of this PHA’s housing program will also meet the requirements of the Department of Housing and Urban Development (HUD). Such requirements include any Public Housing regulations, handbooks, and applicable notices. All applicable federal, state and local laws, including Fair Housing Laws and regulations also apply. Changes in applicable federal laws or regulations shall supersede provisions in conflict with this policy. Federal regulations shall include those found in Volume 24 CFR, Parts 1, 5, 8, 100 and 900-966 (Code of Federal Regulations). A. PUBLIC HOUSING AGENCY MISSION STATEMENT The mission of the PHA is to promote adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination. Our mission is to assist applicants in obtaining housing. Our task is to determine what we can and must do to achieve that goal fairly and with the highest degree of integrity. We will perform our mission with: . Dignity - allowing each applicant and participant a sense of pride . Fairness - remaining objective at all times, remembering that there are two sides to every story . Respect - treating others as we would like to be treated, in a non- judgmental manner . Sensitivity - demonstrating empathy (not sympathy) by ensuring that program information provided is not only complete and accurate, but also offers positive solutions that foster hope B. LOCAL OBJECTIVES . To provide improved living conditions for very low and low-income families while maintaining their rent payments at an affordable level . To operate a socially and financially sound Public Housing Agency that provides decent, safe, and sanitary housing within a drug free, suitable living environment for residents and their families, insuring that all units meet the Uniform Physical Condition Standards (UPCS) . To avoid concentrations of economically and socially deprived families in any one, or all of the PHA’s public housing developments . Promote a safe environment by denying initial or continued assistance to families who have demonstrated a history of violent criminal or drug- related activity . Promote a safe environment by denying initial or continued assistance to families who have shown a pattern or repeated acts of any criminal activity . To attempt to house a resident body in each development, that is composed of families with a broad range of incomes and rent-paying abilities that are representative of the range of incomes of low-income families in the PHA’s jurisdiction . To provide opportunities for upward mobility for families who desire to achieve self-sufficiency . To facilitate the judicious management of the PHA inventory and the efficient management of the PHA staff . To ensure compliance with Title VI of the Civil Rights Act of 1964, and all other applicable federal laws and regulations, so that the admissions and continued occupancy are conducted without regard to race, color, religion, creed, sex, national origin, disability or familial status C. PURPOSE OF THE POLICY The purpose of this ACOP is to establish policies for the PHA staff to follow in determining eligibility for admission and continued occupancy. These policies are governed by the requirements of HUD with latitude for local policies and procedures. If any changes conflict with this plan, HUD regulations will have precedence. The PHA Board of Commissioners will approve the original policy and significant amendments. Required portions of this plan will be provided to HUD. D. FAIR HOUSING POLICY It is the policy of the PHA to comply fully with all federal, state, and local nondiscrimination laws and with the rules and regulations governing Fair Housing and Equal Opportunity in housing and employment. The PHA shall not deny any family or individual the opportunity to apply for or receive assistance under the Conventional/Public Housing programs on the basis of race, color, sex, religion, creed, national or ethnic origin, ancestry, source of income, veteran’s status, age, familial or marital status, handicap/ disability or sexual orientation. To further its commitment to full compliance with applicable Civil Rights laws, the PHA will provide federal/state/local information to voucher holders and public housing residents regarding "discrimination" and any recourse available to them. The PHA provides and reviews information regarding Fair Housing rights and responsibilities during family briefing sessions. Such information will be made available during the family briefing session in each briefing packet. Except as otherwise provided in 24 CFR 8.21, 8.24, 8.25, and 8.31, no individual with disabilities shall be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination because the PHA's facilities are inaccessible to or unusable by persons with disabilities. Posters and housing information are displayed in locations throughout the PHA's office in such a manner as to be easily readable from a wheelchair. The office of Application/Intake and Eligibility and the Conventional Housing programs are accessible to persons with disabilities. Accessibility for the hearing impaired is provided by the TTD/TDY telephone service provider. E. REASONABLE ACCOMMODATION POLICY This policy is applicable to all situations described in this ACOP when a family initiates contact with the PHA, when the PHA initiates contact with a family including when a family applies for housing, and when the PHA schedules or reschedules appointments of any kind. An applicant and participant with a disability must first ask for a specific accommodation for their disability before the PHA will deviate from standard policies. The PHA's policies and practices will be designed to provide assurances that persons with disabilities will be given reasonable accommodations, upon request, so that they may fully access and utilize the housing program and related services. The availability of request for accommodation will be made known by including notices on PHA forms and letters. This policy is intended to afford persons with disabilities an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as those who do not have disabilities and is applicable to all situations described in this ACOP. The PHA utilizes organizations that provide assistance for disabled persons when needed. The PHA will fully comply with the obligations found in HUD Notice PIH 2002-01 (HA) [Accessibility Notice: Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990; the Architectural Barriers Act of 1968 and the Fair Housing Act of 1988]. To request a reasonable accommodation due to a disability, an applicant or participant must qualify under the following American with Disabilities Act (ADA) definition of disability: . A physical or mental impairment that limits an individual’s ability to participate in major life activities . A record of such impairment . Being regarded as having such impairment Notwithstanding any other provision of law, no individual shall be considered a person with disabilities for purposes of eligibility for low-income housing solely on the basis of any current drug use or alcohol dependence. Individuals whose drug or alcohol addiction is a material factor to their disability are excluded from the definition. Individuals are considered disabled if disabling mental and physical limitations would persist if drug or alcohol abuse discontinued. METHODS USED TO CERTIFY A PERSON WITH A DISABILITY To verify that an applicant or program participant is a person with a disability, PHA staff will first check to see whether the applicant is under the age 62 and receives either Social Security Disability or SSI Disability income. Some residents or applicants may be persons with disabilities even though they do not have such income. In these cases, a verification form will be sent to a qualified professional having knowledge of the person’s disability who can verify the person’s status. The PHA staff will work with the individual client to determine the least intrusive or restrictive means for certifying the need for a reasonable accommodation. METHODS USED TO CERTIFY THE NEED FOR A REASONABLE ACCOMMODATION Once the person's status as a qualified person with a disability is confirmed, the PHA will require that a professional third party, competent to make the assessment, provides written verification that the person needs the specific accommodation, due to their disability, and the change is required for them to have equal access to the housing program. (Refer to Verification Procedures Chapter 7). The PHA will provide a written decision to the person requesting the accommodation within a reasonable time. If a person is denied the accommodation, or feels that the alternative suggestions are inadequate, they may request an informal hearing to review the PHA’s decision. (Refer to chapter 13, Complaints, Grievances and Appeals). Reasonable accommodation will be made for persons with a disability that requires an advocate, or accessible offices. A designee will be allowed to provide some information, but only with the permission of the person with the disability. All PHA mailings will be made available in an accessible format, upon request, as a reasonable accommodation. All PHA communities and programs are open to all eligible persons without regard to race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, family status, source of income, veteran status, or the presence of qualified disability. A reasonable accommodation will be made in policies, practices, and services, when such accommodation may be necessary to afford a disabled person equal opportunity to fully access and utilize housing programs and related services, unless such accommodation will impose an undue financial or administrative burden on the (PHA), or will require a fundamental alteration in the nature of its program. UNDUE HARDSHIP Requests for reasonable accommodation from persons with disabilities will be granted upon verification that they meet the need presented by the disability, and they do not create an undue financial and/or administrative burden. The PHA will deny the request and/or present an alternate accommodation that will still meet the need of the person. An undue administrative burden is one that requires a fundamental alteration of the essential functions of the PHA (i.e., waiving a family obligation). An undue financial burden is one that when considering the available resources of the agency as a whole the requested accommodation would pose a severe financial hardship on the PHA. In determining whether an accommodation would create an undue hardship, the following guidelines will apply: . The nature and cost of the accommodation needed . The overall current financial resources of the facility, or facilities involved in the provision of the reasonable accommodation . The number of persons currently employed at such facility, the number of families likely needing such accommodation, the effect on expenses and resources, or the likely impact on the operation of the facility as a result of the accommodation F. TRANSLATION OF DOCUMENTS AND PLANS FOR LANGUAGE ASSISTANCE FOR LIMITED ENGLISH PROFICIENCY (LEP) PERSONS It is the goal of the Housing Authority to be accessible to all residents of Sacramento County, regardless of race, color, or national origin. Therefore, we will endeavor to provide all families the same high quality customer service no matter what language they speak. In order to serve limited English proficiency (LEP) families, the Housing Authority is implementing the following activities: 1. When the adult members of the family are LEP, staff will show them the Language Identification Flashcard, created by the Census Bureau, so that the family can identify what language they speak. The Housing Authority has identified staff who speak American Sign Language, Chinese and Spanish to assist with these languages. For other languages, an interpreter will be called to assist the staff person in serving the family. 2. All LEP families will be identified on the computer, and in their file, as to their primary language so that appropriate resources can be identified in advance of the family’s needing assistance with an appointment. 3. When the number of families speaking one non-English language exceeds 5% of the number of program participants, the Housing Authority will translate “important” documents into this language. “Important” is defined as those documents addressing safety, participant rights, participant obligations, or communication regarding the loss of housing (i.e., eviction or program termination). 4. When the number of families speaking one non-English language exceeds 5% of the number of program participants, the Housing Authority will actively recruit staff that speak, read and write this language. 5. The Housing Authority will post signs in public spaces, in languages known to be spoken by LEP families involved with the agency, telling them that help is available in the language they know. 6. The Housing Authority will provide training to current and new staff, on an annual basis, about the resources available for LEP families and how to utilize these resources for participating families. G. FAMILY OUTREACH The PHA will publicize and disseminate information to make known the availability of housing assistance, and related services, for low-income families on a regular basis. When the PHA's waiting list is open, the PHA will publicize the availability, and nature of housing assistance for low-income families, in newspapers of general circulation, minority media, and by other suitable means. To reach persons who cannot read the newspapers, the PHA will distribute fact sheets to the broadcasting media, and initiate personal contacts with members of the news media and community service personnel. The PHA will also utilize public service announcements. The PHA will communicate the status of housing availability to other service providers in the community and advise them of housing eligibility factors/guidelines, in order that they can make proper referrals for housing assistance. H. PRIVACY RIGHTS Applicants and participants, including all adults in their households, are required to sign the HUD 9886 Authorization for Release of Information. This document incorporates the Federal Privacy Act statement, and describes the conditions under which HUD/PHA will release family information. The PHA's policy regarding release of information is in accordance with state and local laws, which may restrict the release of family information. Any and all information, which would lead one to determine the nature and/or severity of a person’s disability, must be kept in a separate folder and marked "confidential". The personal information in this folder must not be released except on an "as needed" basis, in cases where an accommodation is under consideration. Designated staff must approve all requests for access and granting of accommodations based on this information. The PHA's practices and procedures are designed to safeguard the privacy of applicants and program participants. All applicant and participant files will be stored in a secure location, which is only accessible by authorized staff. PHA staff will not discuss family information contained in files unless there is a business reason to do so. Staff will be required to disclose whether s/he has relatives living in Public Housing. Inappropriate discussion of family information, or improper disclosure of family information by staff, will result in disciplinary action. The staff person, who is utilizing a file, is responsible for its security. Files will never be left unattended in common areas. I. POSTING OF REQUIRED INFORMATION The PHA will maintain a bulletin board in a conspicuous area of each Area Management Office lobby that will contain: . Statement of policies and procedures governing ACOP or a notice of where the policy is available . A notice of where the PHA 5-year Plan and PHA Annual Plans are available . Information on application process . Directory of the PHA’s housing sites including names, address of offices and office hours at each facility . Income limits for admission . Current schedule of routine maintenance charges . A copy of the lease . The PHA’s grievance procedures . A Fair Housing poster . An Equal Opportunity in Employment poster . Current resident notices . Required public notices Site developments with Community Rooms will maintain a bulletin board, in a conspicuous place, that will contain: . Resident selection policies [24 CFR 960.202 and 960.203] . Information on application process . Income limits for admission . Current schedule of maintenance charges . Copy of lease . PHA’s grievance procedures . Fair Housing poster . Equal Opportunity in Employment poster . Current resident notices J. PUBLIC HOUSING MANAGEMENT ASSESSMENT SYSTEM (PHAS) OBJECTIVES The PHA operates its Public Housing program with efficiency and can demonstrate to HUD or independent auditors that the PHA is using its resources in a manner that reflects its commitment to quality and service. The PHA policies and practices are consistent with the new Public Housing Assessment System (PHAS) outlined in the 24 CFR Parts 901 and 902 final published regulations. The PHA is continuously assessing its program and consistently strives to make improvements. The PHA acknowledges that its performance ratings are important to sustaining its capacity to maintain flexibility and authority. The PHA intends to diligently manage its current program operations and continuously make efforts to be in full compliance with PHAS. The policies and procedures of this program are established so that the standards set forth by PHAS are demonstrated and can be objectively reviewed by an auditor whose purpose is to evaluate performance. CHAPTER 2 ELIGIBILITY FOR ADMISSION INTRODUCTION This chapter defines both HUD's and the PHA's criteria for admission and denial of admission to the program. The policy of this PHA is to strive for objectivity and consistency in applying these criteria to evaluate the qualifications of families who apply. The PHA staff will review all information provided by the family carefully and without regard to factors other than those defined in this chapter. Families will be provided the opportunity to explain their circumstances, to furnish additional information, if needed, and to receive an explanation of the basis for any decision made by the PHA pertaining to their eligibility. A. FACTORS AFFECTING ADMISSION The family's initial eligibility for Conventional Public Housing issuance will be made in accordance with the eligibility factors, which will be verified before the family is admitted to the program. The PHA accepts applications only from families whose head or spouse is at least eighteen (18) years of age or an emancipated minor under state law. To be eligible for participation, an applicant must meet HUD's criteria, as well as any permissible additional criteria established by the PHA. HUD FACTORS An applicant is qualified if he or she meets the following criteria: .. Is a "family" as defined in this chapter .. Heads a household where at least one member of the household is either a citizen or eligible non-citizen .. Has an Annual Income at the time of admission that does not exceed the low income limit for occupancy established by HUD and posted separately in the PHA offices .. Provides a Social Security number for all family members, age 6 or older, or will provide written certification that they do not have Social Security numbers .. Meets or exceeds the tenant Selection and Suitability Criteria set forth in this policy . The PHA will permanently deny admission to public housing persons convicted of manufacturing or producing methamphetamine on the premises of federally assisted housing in violation of any federal or state law AGENCY FACTORS The PHA will apply the following criteria, in addition to the HUD eligibility criteria, as grounds for denial of admission to the program: .. The family must furnish declaration of citizenship or eligible immigrant status and verification where required .. The PHA will permanently deny admission to public housing persons convicted of manufacturing or producing methamphetamine on the premises of federally assisted or non-federally assisted housing in violation of any federal or state law .. The PHA will permanently deny admission to sex offenders who are subject to a lifetime registration requirement under a state sex offender registration program .. The family must pay or resolve any debt owed the PHA, or another PHA, as a result of prior participation in any federal housing program within thirty (30) days notification by the admissions staff. .. A family will be denied admission to the program if any member of the family fails to sign and submit consent forms for obtaining information required by the PHA, including Form HUD-9886 .. A family will be denied admission to the program if any member of the family has been evicted from federally assisted housing for serious violation of the lease .. The family must not have violated any family obligation during a previous participation in a federally assisted housing program for five (5) years prior to final eligibility determination (The PHA may make an exception if the family member who violated the family obligation is not a current member of the household. The PHA may request the family to provide verifiable documentation) .. The family must not engage in criminal activity, illegal drugs, or alcohol abuse that threatens the health, safety or right to peaceful enjoyment of other residents .. Admission of applicants with any current criminal charges will be delayed pending final court decision. After the final court decision, the applicant will be reviewed to determine if they meet all admission criteria. .. Applicants must meet other criteria for admissions FAMILY COMPOSITION (HUD CFR 5.403) DEFINITION OF FAMILY AT ADMISSION The applicant must qualify as a family. A family may be a single person or a group of persons. The PHA defines a group of persons as two or more persons who intend to share residency, whose income and resources are available to meet the family's needs, and who will live together in PHA housing. Discrimination on the basis of familial status is prohibited, and a group of persons may not be denied solely on the basis that blood, marriage or operation of law does not relate them. For occupancy standards purposes, the applicant may claim a spousal relationship. (See Chapter 5 - Occupancy Guidelines) HUD defines elderly, disabled and displaced families (see glossary in this policy for definitions). The PHA further defines a family as: All of the federally defined families, including elderly family, near-elderly family, disabled family, displaced family, remaining member of a tenant family, and a single person and two or more persons related by blood, marriage, adoption or other operation of law, or two or more persons who are not so related but who will live together as domestic partners and share resources. TEMPORARY ABSENCE OF CHILD The temporary absence of a child from the home due to placement in foster care is defined as a period of time that is anticipated to be less than six months (6 mos.) from the time the family is determined eligible for admission to the program. The child who is temporarily absent from the home due to placement in foster care shall be considered part of the family in determining the family composition and unit size. All temporary absences will be verified through the appropriate agencies. OCCUPANCY BY POLICE OFFICERS In order to provide an increased sense of security for public housing residents the PHA may allow public housing units to be occupied by police officers. Police officers will not be required to be income eligible to qualify for admission to the PHA's public housing program. HEAD OF HOUSEHOLD The head of household is the adult member of the household who is designated by the family as head, is wholly or partly responsible for paying the rent, and has the legal capacity to enter into a lease under State or local law. Emancipated minors who qualify under state law will be recognized as head of household if there is a court order recognizing them as an emancipated minor. Persons who are married are legally recognized as adults under State law. SPOUSE OF HEAD Spouse means the husband or wife of the head. For proper application of the Non-Citizens Rule, the definition of spouse is the marriage partner who in order to dissolve the relationship would have to be divorced. It includes the partner in a common law marriage. The term "spouse" does not apply to boyfriends, girlfriends, significant others/partners, or co-heads. CO-HEAD A co-head is an individual in the household who is equally responsible for the lease with the head of household. A head of household may have either a spouse or co-head, but not both. A co-head never qualifies as a dependent. LIVE-IN AIDES A household may include a live-in aide provided that such live-in aide: .. Is determined by the PHA to be essential to the care and well being of an elderly person, a near-elderly person, or a person with disabilities .. Is not obligated for the support of the person(s) .. Would not be living in the unit except to provide care for the person(s) .. A live-in aide is not considered to be an assisted family member and has no rights or benefits under the program .. Income of the live-in aide will not be counted for purposes of determining eligibility or level of benefits .. Is approved by the PHA after normal screening criteria .. Live-in aides are not subject to Non-Citizen Rule requirements .. Live-in aides may not be considered as a remaining member of the resident family Relatives are not automatically excluded from being live-in aides, but they must meet all of the elements in the live-in aide definition described above. Family members of a live-in aide may also reside in the unit, providing doing so does not increase the subsidy by the cost of an additional bedroom and that the presence of the family member(s) does not overcrowd the unit. A live-in aide may only reside in the unit with the approval of the PHA and is subject to the Admission’s screening criteria. Written verification certifying that a live-in aide is needed for the care of the family member who is elderly, near elderly or disabled will be required from a reliable, knowledgeable professional, such as a doctor, social worker, or caseworker. The PHA will approve a live-in aide if needed as a reasonable accommodation to make the program accessible to and usable by the family member with a disability. If the live-in aide or their family members participate in drug-related or criminal activity, the PHA will rescind the aide’s right to occupy the unit. When the agency takes such action against the live-in aide, the aide is not entitled to the grievance hearing process of the agency. The PHA has the right to disapprove a request for a live-in aide based on the "Other Eligibility Criteria" described in this chapter. A live-in aid who is an applicant to the conventional housing program may not be approved for his/her own conventional housing unit while maintaining a bedroom in the conventional housing unit of another resident. Once an applicant who is residing as a live-in with an existing conventional housing resident is approved to receive his/her own low income or subsidized housing, they must immediately be removed from the residence of the existing conventional housing program resident. SPLIT HOUSEHOLDS PRIOR TO BEING HOUSED When a family on the waiting list splits into two otherwise eligible families due to divorce or legal separation, and the new families both claim placement on the waiting list, the PHA will place both families on the appropriate size wait list based on the split family composition, the date they applied and any preferences for which they are eligible. Duplicate application including applications from a segment of an applicant household, will not be accepted. Documentation of these factors is the responsibility of the applicant families. If either or both of the families do not provide the documentation, they may be denied placement on the waiting list for failure to supply information requested by the PHA. MULTIPLE FAMILIES IN THE SAME HOUSEHOLD When applicant families consist of two families living together, (such as a mother and father, and a daughter with her own husband or children), and they apply as a family unit, they will be treated as a family unit. JOINT CUSTODY OF CHILDREN Children who are subject to a joint custody agreement but, live with one parent at least fifty-one percent (51%) of the time will be considered members of that household. Fifty- one percent (51%) of the time is defined as one hundred eighty-three (183) days of the year and do not have to run consecutively. There will be a self-certification required of families who claim joint custody or temporary guardianship. When both parents share equal custody of the children, the parent whose address is listed in the school records will be allowed to claim the school-age child as a dependent. INCOME LIMITATIONS No family other than a low-income family is eligible for admissions to a PHA’s public housing program. HUD establishes income limits annually (by family size) for the area in which the PHA is located. Those considered low-income have income that is eighty percent (80%) or below the median income for that area. Annual income is compared to the income limit and is applied only at admission as a test for eligibility. Once admitted, a family is no longer subject to initial income limit requirements in order to retain eligibility, or for unit transfers. D. SOCIAL SECURITY NUMBERS Families are required to provide verification of Social Security numbers for all family member’s age one (1) year and older prior to admission, if the Social Security Administration has issued them a number. This requirement also applies to persons joining the family after admission to the program. Applicants who disclose their Social Security number but do not provide verification of that number must apply to the Social Security Administration for a replacement card. No applicant will be approved for housing until the Socials Security number has been certified by the Social Security Administration and a Social Security card has been provided to the SHRA by the applicant for all household members who have been issued a social security number. Failure to furnish verification of social security numbers is grounds for denial of admission or termination of tenancy. Applicants who have not been issued a Social Security number must sign a certification that they have never been issued a Social Security number but will disclose the number if they do receive one at a later date. E. CITIZENSHIP/ELIGIBLE IMMIGRATION STATUS In order to receive assistance, a family member must be an U.S. citizen or eligible immigrant. Individuals who are neither may elect not to contend their status. Eligible immigrants are persons who are in one of the immigrant categories as specified by HUD. For the citizenship/eligible immigration requirement, the status of each member of the family is considered individually before the family's status is defined. MIXED FAMILIES A family is eligible for assistance as long as at least one member is a citizen or eligible immigrant. Families that include eligible and ineligible individuals are called "mixed families". Such applicant families will be given notice that their income-based assistance will be prorated and that they may request a hearing if they contest this determination. If such a family chooses flat rent, the flat rent will not be prorated if the flat rent is greater than the Public Housing Maximum Rent. If the Public Housing Maximum Rent is greater than the flat rent, and the family chooses flat rent, then the family’s maximum subsidy will be calculated and prorated. NON ELIGIBLE MEMBERS Applicant families that include no eligible members will be ineligible for assistance. Such families will be denied admission and offered an opportunity for a hearing. NON-CITIZEN STUDENTS Non–citizen students as defined by HUD in the non-citizen regulations are not eligible for assistance even if they marry an eligible individual VERIFICATION OF STATUS BEFORE ADMISSION The PHA will not provide assistance to families prior to the verification of eligibility for the individual or at least one member of the family pursuant to this section. Assistance to a family may not be delayed, denied or terminated on the basis of the family's ineligible immigration status unless and until the family completes all the verification and appeals processes to which they are entitled under both Immigration and Naturalization Services (INS) and PHA procedures, except for a pending PHA hearing. F. OTHER CRITERIA FOR ADMISSION In developing its admission policies the aim of the PHA is to attain a resident body composed of families with a broad range of incomes whose habits and practices will not be a detriment to other residents, and/or the surrounding community. . Therefore, it is the policy of the PHA to deny admission to applicants whose present or past habits and practices may reasonably be expected to increase the likelihood of interference with other residents’ right to peaceful enjoyment of the premises or may have an adverse effect on the health, safety and welfare of other residents. All applicants will be screened in accordance with HUD's regulations and the PHA’s Applicant Screening. The regulations require an assessment of the behavior of each applicant with respect to the essential obligations of tenancy as expressed in the Authority’s lease as summarized below. All applicants must demonstrate through an assessment of current and past behavior the ability: .. To pay rent and other charges as required by the lease in a timely manner .. To care for and avoid damaging the unit and common areas .. To use facilities, appliances and equipment in a reasonable way .. To create no health or safety hazards and to report maintenance needs in a timely manner .. Not to interfere with the rights and peaceful enjoyment of others and to avoid damaging the property of others .. Not to allow guests and visitors under the applicant’s control to engage in any activity that threatens the health, safety or right to peaceful enjoyment of other residents or staff .. Not to engage in criminal activity or alcohol abuse that threatens the health, safety or right to peaceful enjoyment of other residents or staff and not to engage in drug-related or violent criminal activity on or off the PHA premises .. To comply with necessary and reasonable rules and program requirements of HUD and the PHA .. To comply with local health and safety codes Previous outstanding debts to this PHA or any PHA resulting from a previous tenancy in the Public Housing or Housing Choice Voucher (HCV, AKA: Section 8) programs must be paid in full or be resolved prior to admission. No re-payment agreement will be accepted. Head, spouse or co-head is responsible for the entire debt incurred as a previous PHA resident. Children of the head or spouse or co-head who had incurred a debt to the PHA will not be held responsible for the parent's previous debt. The PHA will conduct a detailed interview of all applicants. The interview form will contain questions designed to evaluate the qualifications of applicants to meet the essential requirements of tenancy. Interview responses will be subject to third party verification. Applicants must be able to demonstrate the ability and willingness to comply with the terms of the lease, either with or without assistance, and that they can demonstrate that they have or will have this ability and willingness at the time of admission. The availability of assistance is subject to verification by the PHA. The PHA does not permit a parent or legal guardian to co-sign the lease on the applicant’s behalf if the head of household is under eighteen (18) and, under State/local law, does not have the legal capacity to enter into a legally binding contract. As a part of the final eligibility determination, the PHA will screen each applicant household to assess their suitability as renters. The PHA shall rely upon sources of information which may include, but not be limited to: .. PHA records .. Personal interviews with the applicant or resident .. Credit check and unlawful detainer report .. Interviews with previous landlords, employer, family, social workers, clinics, physicians, parole officers, or the police department .. Criminal and court records .. Home visits Home visits may be conducted at the current residence of all applicants, as the PHA deems necessary, whenever there is a potential of instability, unfavorable landlord comments, or lack of prior landlord history. Applicants shall have at least two working days advance written notice of home visits. This will be done in order to determine whether the individual attributes, prior conduct, and behavior of a particular applicant are likely to interfere with other residents in such a manner as to diminish their enjoyment of the premises by adversely affecting their health, safety or welfare. The PHA's examination of relevant information pertaining to past and current habits or practices will include, but is not limited to, an assessment of: .. The applicant's past performance in meeting financial obligations, especially rent and utilities .. Eviction or a record of disturbance of neighbors sufficient to warrant a police call, destruction of property, or living or housekeeping habits at present or prior residences which may adversely affect the health, safety, or welfare of other residents or neighbors .. History or pattern of repeated acts of criminal activity on the part of any applicant family member involving criminal acts, including drug-related criminal activity; .. History or pattern of repeated acts of violence on the part of an individual, or a pattern of conduct constituting a danger or interfering with the peaceful occupancy of neighbors .. History of initiating threats or behavior indicating intent to assault employees or other residents .. History or pattern of repeated acts of alcohol or substance abuse that would threaten the health, welfare, or right to peaceful enjoyment of the premises by other residents The ability and willingness of an applicant to comply with the essential lease requirements will be verified and documented by the PHA. The information to be considered in the screening process shall be reasonably related to assessing the conduct of the applicant and other family members listed on the application in present and prior housing. The history of applicant conduct and behavior must demonstrate that the applicant family can reasonably be expected not to: .. Interfere with other residents in such a manner as to diminish their peaceful enjoyment of the premises by adversely affecting their health, safety, or welfare .. Adversely affect the physical environment or financial stability of the project .. Violate the terms and conditions of the lease .. Require services from PHA staff that would alter the fundamental nature of the PHA's program RENT PAYING HABITS The PHA will examine any records from a prior tenancy, and will request written references from the applicant's current landlord and may request written references from former landlords. Based upon these verifications, the PHA will determine if the applicant was chronically late with rent payments, was evicted at any time, for nonpayment of rent, or had other legal actions initiated against him/her for debts owed. Any of these circumstances may be grounds for an ineligibility determination, depending on any mitigating circumstances. SCREENING APPLICANTS WHO CLAIM MITIGATING CIRCUMSTANCES Mitigating circumstances are facts relating to the applicant's record of unsuitable rental history or behavior, which, when verified would indicate both: (1) the reason for the unsuitable rental history and/or behavior; and (2) that the reason for the unsuitable rental history and behavior is no longer in effect or is under control, and the applicant's prospect for lease compliance is an acceptable one, justifying admission. If unfavorable information is received about an applicant, consideration shall be given to the time, nature, and extent of the applicant's conduct and to factors that might indicate a reasonable probability of favorable future conduct. In order to be factored into the PHA's screening assessment of the applicant, mitigating circumstances must be verifiable. If the mitigating circumstances claimed by the applicant relate to a change in disability, medical condition or course of treatment, the PHA shall have the right to refer such information to persons who are qualified and knowledgeable to evaluate the evidence and to verify the mitigating circumstance. The PHA shall also have the right to request further information reasonably needed to verify the mitigating circumstance. Such inquiries will be limited to the information necessary to verify the mitigating circumstances or, in the case of a person with disabilities, to verify the need for a reasonable accommodation. Examples of Mitigating Circumstances .. Evidence of successful rehabilitation .. Evidence of the applicant family's participation in and completion of social service or other appropriate counseling service approved by the PHA .. Evidence of successful and sustained modification of previous disqualifying behavior Consideration of mitigating circumstances does not guarantee that the applicant will qualify for admission. Consideration of Rehabilitation When making determinations concerning applicant eligibility, PHA may consider whether the applicant household member in question can demonstrate that: .. They have successfully completed a supervised drug or alcohol rehabilitation program, are no longer engaging in illegal use of a controlled substance or abuse of alcohol, and have been “clean and sober” for a period of no less than twelve (12) months; or The Sacramento Housing Authority may make inquiries to a drug abuse treatment facility that are solely related to whether the applicant household member in question is currently engaging in the illegal use of a controlled substance in cases where: .. The Authority receives information from the criminal record of the applicant that indicates evidence of a prior arrest or conviction for such offense; or .. The Authority receives information from the records of prior tenancy of the applicant that demonstrates that the applicant engaged in the destruction of property; engaged in violent activity against another person; or interfered with the right of peaceful enjoyment of the premises of another tenant. For persons who previously have been evicted from public housing for drug-related or violent criminal activity, they must provide the PHA with verifiable evidence that the circumstances leading to the eviction no longer exist. DOCUMENTING FINDINGS An authorized representative of the PHA shall document any pertinent information received relative to the following: . Criminal Activity includes the activities listed in the definition of criminal activity in this chapter. . Pattern of Criminal Activity includes evidence of repeated criminal activities on the part of an individual, or a pattern of conduct, which might interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. . Pattern of Violent Behavior includes evidence of repeated acts of violence on the part of an individual, or a pattern of conduct constituting a danger to peaceful occupancy of neighbors. . Pattern of Drug Use includes a determination by the PHA that the applicant has exhibited repeated acts of illegal use of a controlled substance, which might interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. . Drug Related Criminal Activity includes a determination by the PHA that the applicant has been involved in the illegal manufacture, sale, distribution, use or possession of a controlled substance. . Pattern of Alcohol Abuse includes a determination by the PHA that the applicant's repeated abuse of alcohol might interfere with the health, safety or right to peaceful enjoyment of the premises by other residents. . Initiating Threats or behaving in a manner, which indicates intent to assault employees or other residents. . Abandonment of a Public Housing Unit without advising PHA officials so that staff may secure the unit and protect its property from vandalism. . Non-Payment of Rightful Obligations including rent and/or utilities and other charges owed to the PHA or any other PHA. . Falsifying an Application for Leasing including verbalizing or otherwise providing false information about family income and size, using an alias on the application for housing, or making any other material false statement or omission intended to mislead. . Record of Disturbances of Neighbors, Destruction of Property or Other Disruptive or Dangerous Behavior consists of patterns of behavior, which endanger the life, safety, or welfare of other persons by physical violence, gross negligence or irresponsibility. This also includes behavior which damages the equipment or premises in which the applicant resides, or which is seriously disturbing to neighbors or disrupts sound family and community life, indicating the applicant's inability to adapt to living in a multi-family setting. Furthermore, it includes judicial termination of tenancy in previous housing on the grounds of nuisance or objectionable conduct, or frequent loud parties, which have resulted in repeated disturbance of the neighbors. . Unsanitary or Hazardous Housekeeping includes the creation of a fire hazard through acts such as hoarding rags, papers, or other materials. It also includes severe damages to premises or equipment. When it is determined that the family is responsible for conditions that may affect neighbors by causing infestation and foul odors or depositing garbage in halls or other neglect of the premises, this may also be cause for denial. This category does not include families whose housekeeping is found to be superficially unclean or due to lack of orderliness, where such conditions do not create a problem for neighbors. . Whether Applicant or Resident is Capable of Maintaining the Responsibilities of Tenancy in the case of applicants for admission, the person's present living arrangements and a statement obtained from applicant's physician, social worker, or other health professional will be among factors considered in making this determination. The availability of a live-in attendant will be considered in making this determination. 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. Applicants who are determined to be unqualified for admission will be promptly notified with a Notice of Denial of Admission stating the reason for the denial. The PHA shall provide applicants an opportunity for an informal hearing (see Chapter 13 - Complaints, Grievances, and Appeals). G. DENIAL OF ADMISSION FOR DRUG RELATED AND/OR OTHER CRIMINAL ACTIVITY PURPOSE All federally assisted housing is intended to provide a place to live and raise families, not a place to commit crime, to use or sell drugs or terrorize neighbors. It is the intent of the PHA of the City and County of Sacramento to fully endorse and implement a policy that is designed to help create and maintain a safe crime and drug-free community and keep our program participants free from threats to their personal and family safety. ADMINISTRATION All screening procedures shall be administered fairly and in such a way as not to discriminate on the basis of race, color, nationality, religion, sex, familial status, disability or against other legally protected groups, and not to violate right to privacy. To the maximum extent possible, the PHA will involve other community and governmental entities in the promotion and enforcement of this policy. This policy will be posted on the bulletin boards of the PHA's area management offices and copies made readily available to applicants and residents upon request. SCREENING FOR DRUG ABUSE AND OTHER CRIMINAL ACTIVITY In an effort to prevent drug related and other criminal activity, as well as other patterns of behavior that pose a threat to the health, safety or the right to peaceful enjoyment of the premises by other residents, the PHA will endeavor to screen applicants thoroughly and fairly. Obtaining summary criminal history information for the purpose of screening a prospective participant/applicant includes: .. Any information concerning any arrest, conviction or release from custody that occurred within at least the past seven (7) years by applicants. Any information regarding a pattern or repeated acts of criminal or drug related behavior that occurred within at least the past seven (7) years by applicants .. Any felony offense that involved any activity related to controlled substances or alcoholic beverages within at least the past seven (7) years [CA Penal Code § 1105.3] .. In evaluating evidence of negative past behavior, the PHA will give fair consideration to the seriousness of the activity with respect to how it would affect other residents, and/or likelihood of favorable conduct in the future which could be supported by evidence of rehabilitation SECURITY AND CRIMINAL BACKGROUND CHECK The PHA will verify any involvement in criminal activity on the part of any applicant family or household member who intends to reside in the PHA leased premises: .. Applicants will be advised at the time of intake and at the start of the screening interview that criminal behavior will jeopardize admission to a PHA community. Criminal activity that occurs while an applicant’s family is on the PHA's waiting list will result in PHA’s decision to reject an applicant family. .. Involvement in criminal activity by any member of an applicant family or household member that would adversely affect the health, safety or welfare of other tenants will be verified using information from the criminal records system of the City and County of Sacramento, the State of California, and the federal National Crime Information Center (the "NCIC"). The PHA will also examine criminal histories provided by other States or municipalities, court records, and other evidence that might document any criminal activity. In addition, the current and former landlords and housing providers will be asked to indicate problems during the applicant’s tenancy. The Authority will review police reports for any criminal activity during the seven (7) year period prior to consideration for admission. .. The PHA will use a third party service to check criminal history. .. The PHA will use the criminal records system of the City and County of Sacramento, the State of California, the NCIC, and other states and/or municipalities to check all applicants for any evidence of: (1) Any and all information relative to any criminal convictions or activity, both felonies and misdemeanors within the past seven (7) years; (2) Any and all information relative to any criminal charges that are currently pending before the court of the State of California or any jurisdiction, including the federal courts; (3) Lifetime sex offender registration requirement for any household member. The PHA will check in California and any other states where any family member is known to have resided. .. The criminal records system shall be used to assess the applicant's past behavior especially the commission of violent crimes, drug related criminal activity of any kind, disturbance of neighbors, or destruction of property .. Without substantial evidence of mitigating circumstances (including serving jail time and rehabilitation) the PHA will not admit persons engaging in any criminal activity violating state and/or federal law .. Examples of criminal offenses that will be considered include, but are not limited to: felonies, disturbing the peace, drunk and disorderly conduct, threats or harassment, domestic violence, including actual or threatened violence toward members of an applicant household, assaults, destruction of property, vandalism, citations for health and sanitary code violation, possession of an unlawful weapon, criminal damage, arson, and home invasion .. In applying the above provisions, the PHA will consider the nature of the offense and any mandatory penalties in accordance with state and federal law .. Documentation of any of the following criminal activity by any applicant family or household member who intends to reside in the PHA leased premises may result in rejection of the applicant family. Documentation of such activity may be considered alone or in conjunction with other criminal activity such as: (1) Use, distribution, or possession of illegal drugs by an applicant family or household member who intends to reside in the PHA leased premises (2) Documentation from the criminal records system, or other verification of criminal activity, that shows a history of property- related crimes such as, but not limited to, burglary, robbery, larceny, weapon charges, and possession and receipt of stolen goods (3) Documentation from the criminal records system, or other verification of criminal activity, that shows a history of crimes that endanger the health or safety of others such as assault, battery, public intoxication (drunk & disorderly), prostitution (4) Documentation from the criminal records system, or other verification of criminal activity, that shows a history of crimes that endanger the health or safety of others such as homicide/murder, rape, child molestation, spousal or child abuse, or drug related crimes as referenced STANDARD FOR VIOLATION The PHA will deny admission to the program to applicants for five (5) years from the date of eviction if a household member has been evicted from federally assisted housing for drug-related criminal activity. However, the PHA may admit the household if the PHA determines: .. That the evicted household member who engaged in drug-related criminal activity has successfully completed a supervised drug rehabilitation program approved by the PHA and has met the rehabilitation standard set forth in this policy .. That the circumstances leading to eviction no longer exist The PHA will deny admission to the program to applicants for five (5) years from the date of arrest, if convicted, or if incarcerated for one year or more, the date the applicant completed his/her sentence due to drug-related and other criminal activity that pose a threat to the health, safety or the right to peaceful enjoyment of the premises by other residents. The PHA will deny admission to the program, applicants either currently on parole or probation or whose parole or probation release is within 12 months of the date of application. The PHA will deny participation in the program to applicants where the PHA determines there is reasonable cause to believe that the person is illegally using a controlled substance or engages in drug-related or other criminal activity. The same will apply if it is determined that the person abuses alcohol in a way that may interfere with the health, safety or right to peaceful enjoyment of the premises by other residents. This includes cases where the PHA determines that there is a pattern or repeated acts of illegal use of controlled substances or a pattern or repeated acts of alcohol abuse. The PHA will consider the illegal use of a controlled substance or alcohol abuse to be a pattern if there is more than one incident, during the previous 18 months, that may interfere or threaten the health, safety or right to peaceful enjoyment of the public housing premises by other residents or employees of the PHA. In evaluating evidence or a pattern of negative past behavior, the PHA will give fair consideration to the seriousness of the activity with respect to how it would affect other residents, and/or likelihood of favorable conduct in the future which could be supported by evidence of rehabilitation. No family member may have engaged in or threatened abusive or violent behavior toward PHA personnel at any time. No family member may have committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program in the last five (5) years. EVIDENCE The PHA must have credible evidence of the violation. Credible evidence may be obtained from police and/or court records. Testimony from neighbors, when combined with other factual evidence can be considered credible evidence. Other credible evidence includes documentation of drug raids or arrest warrants and evidence gathered by PHA inspectors and/or investigators. The PHA may pursue fact-finding efforts as needed to obtain credible evidence. CONFIDENTIALITY OF CRIMINAL RECORDS The PHA will ensure that any criminal record received is maintained confidentially, not misused or improperly disseminated, and destroyed once the purpose for which it was requested is accomplished or in accordance with HUD regulation. If the family is determined eligible for initial or continued assistance, the PHA's copy of the criminal report shall be shredded as soon as the information is no longer needed for eligibility or continued assistance determination. If the family's assistance is denied or terminated, the criminal record information shall be shredded immediately upon completion of the review or hearing procedures and a final decision has been made. The PHA will document in the family's file that the family was denied admission or the tenancy was terminated due to findings in the Criminal History Report. DISCLOSURE OF CRIMINAL RECORDS TO FAMILY Before the PHA takes any adverse action based on a criminal conviction record, upon request, the applicant will be provided with a copy of the criminal record and an opportunity to dispute the record. RECOMMENDATION OF ADMISSION OR REJECTION Recommendation for admission or rejection will be based on the aforementioned criteria in this section. SUPERVISORY REVIEW AND HEARINGS If information is revealed that would cause the PHA to deny admission to the household and the person disputes the information, s/he shall be given an opportunity for an informal hearing according to the PHA's hearing procedures outlined in Chapter 13 – Complaints, Grievances and Appeals. The applicant must request the informal review no later than ten (10) days after receipt of the notification. Difficult cases will be referred to the Eligibility Supervisor for further review and determination. CHAPTER 3 APPLYING FOR ADMISSION INTRODUCTION The policy of the PHA is to ensure that all families who express an interest in housing assistance are given an equal opportunity to apply, and are treated in a fair and consistent manner. This chapter describes the policies and procedures for completing an initial application for assistance, placement and denial of placement on the waiting list, and limitations on who may apply. The primary purpose of the intake function is to gather information about the family, but the PHA will also utilize this process to provide information to the family so that an accurate and timely decision of eligibility can be made. Applicants will be placed on the waiting list in accordance with this policy. APPLICATION PROCESS The application process is as follows: .. The pre-application will be recorded by date and time received .. The “initial” or pre-application is used to determine the family’s placement on the waiting list - Applications submitted during a waitlist opening during which a lottery selection system has been used will be maintained and pulled from the waitlist through a computerized random selection process .. The "final determination of eligibility for admission" (referred as the full application) takes place when the family reaches the top of the waiting list. At this time the PHA ensures that verification of all HUD and PHA eligibility factors is current, in order to determine the family’s eligibility for an offer of a suitable unit A. OVERVIEW OF PRE-APPLICATION PROCESS PRE-APPLICATION Families who wish to apply for any of the PHA’s programs must complete a written preliminary application (pre-application) when the waiting list is open. The information is to be filled out by the applicant whenever possible. To provide specific accommodation for persons with disabilities, a staff person may complete the information over the telephone. It may also be mailed to the applicant and, if requested, it will be mailed in an accessible format. Pre-applications will not require interviews. Information on the application will not be verified until the applicant has been selected for final eligibility determination. Final eligibility will be determined when the full application process is completed and all information is verified. The purpose of the pre-application is to permit the PHA to preliminarily assess family eligibility or ineligibility and to determine placement on the waiting list. Applications will be accepted at central location(s) for all waiting lists. Unless Admissions is collecting family income information for income limits verification purposes and/or reviewing the pre-application for criminal activity that would prevent program participation, the pre-application does not preliminarily determine eligibility. NOTIFICATION OF PRELIMINARY STATUS After a review of the pre-application a written notification of preliminary eligibility will be mailed to the applicant by first class mail. If the family is determined to be eligible, they will be placed on the waiting list, based on the date and time of application and any claimed preferences. If the family is determined to be ineligible based on the information provided in the pre- application, the PHA will notify the family in writing (in an accessible format upon request as a reasonable accommodation), state the reason(s), and inform them of their right to an informal review. Persons with disabilities may request to have an advocate attend the informal review as an accommodation. (See Chapter 13 - Complaints, Grievances and Appeals) APPLICANT STATUS WHILE ON WAITING LIST Applicants are required to inform the PHA in writing, within thirty (30) days of changes in family composition, income, and address, as well as any changes in their preference status. Applicants are also required to respond to requests from the PHA to update information on their application, or to determine their continued interest in assistance. Failure to provide information or to respond to mailings will result in the applicant being removed from the waiting list. (See Chapter 13 - Complaints, Grievances and Appeals) STATUS OF THE WAITING LISTS The PHA, at its discretion, may restrict application intake, suspend application intake, and close waiting lists in whole or in part. The open period shall be long enough to achieve a waiting list adequate to cover projected turnover and new allocations over the next twenty-four (24) months. The PHA will update the waiting list periodically by removing the names of those families who are no longer interested or cannot be reached by mail. At the time of initial intake, the PHA will advise families of their responsibility to notify the PHA when changes in family composition, income, mailing address, telephone numbers and/or when other changes occur. When the PHA opens the waiting list, the PHA will advertise through public notice in the following newspapers, minority publications and media entities: .. Sacramento Bee, Sacramento Observer, El Hispano, Hmong Women’s Heritage, Thang Mo Magazine, and Vesti, LLC .. City and County offices .. Sacramento City Council and Sacramento County Board of Supervisors The notices will be made in an accessible format if requested. They will provide potential applicants with information that includes the PHA address and telephone number, how to submit an application, information on eligibility requirements and the availability of local preferences. Upon request from a person with a disability, additional time will be given as an accommodation for submission of an application after the closing deadline. This accommodation is to allow persons with disabilities the opportunity to submit an application in cases when a social service organization provides inaccurate or untimely information about the closing date. The PHA may stop the acceptance of applications if there are enough applicants to fill anticipated openings for the next twenty-four (24) months. The waiting list may not be closed if it would have a discriminatory effect inconsistent with applicable civil rights laws. The PHA will give at least thirty (30) calendar days notice prior to closing the list. When the period for accepting applications is over, the PHA will add the new applicants to the list by separating the new applicants into groups based on bedroom size, unit type, preferences and date and time of application. The PHA will announce the closing of the waiting list by public notice as previously described. B. COMPLETION OF A FULL APPLICATION When the PHA is ready to select pre-applicants from the waiting list, the PHA will send the applicant a letter notifying him/her of an orientation. Applicants will be required to complete a full application in his or her own handwriting, unless assistance is needed, or a person with a disability makes a request for accommodation. Applicants will then be interviewed by PHA staff to review the information on the full application form. Verification of disability as it relates to 504, Fair Housing, or ADA reasonable accommodation will be requested at this time. The full application will also include questions asking all applicants whether reasonable accommodations are necessary. The qualification for preference(s) must exist at the time the preference is verified regardless of the length of time that an applicant has been on the waiting list because the preference is based on current status. The full application will be mailed as an accommodation to a person with a disability or at the discretion of the PHA. REQUIREMENT TO ATTEND INTERVIEW The PHA utilizes the full application interview to discuss the family’s circumstances in greater detail, to clarify information, which has been provided by the family, and to ensure that the information is complete. The interview is also used as a vehicle to meet the informational needs of the family by providing information about the application and verification process, as well as to advise the family of other PHA services or programs, which may be available. All adult members are required to attend the interview and sign the housing application. Exceptions may be made for adult students attending school out of state or for members for whom attendance would be a hardship, on a case by case basis. If the head of household cannot attend the interview due to a disability, a reasonable accommodation may be made. The head of household, however, will be required to certify by signature that all the information is complete and accurate. The head of household will be responsible for the application. If the applicant fails to appear for a pre-scheduled appointment, the PHA will automatically schedule a second appointment. If the applicant misses the second appointment without prior approval, the application is removed from the waiting list. If the application is removed from the waiting list due to the applicant’s failure to attend the full application interview, the applicant will be notified in writing and offered an opportunity to request an informal review. (See Chapter 13 - Complaints, Grievances and Appeals) Applicants that do not return after the interview with the application booklet and/or supporting documentation within ten (10) days of their interview will have their case closed for lack of verification. A notice will be mailed to the applicant. It is the applicant’s responsibility to contact the PHA within ten (10) days to request: (1) to be placed back on the wait list, or (2) ask for another opportunity to bring back the application booklet with supporting documentation (another ten (10) days may be granted with a valid reason or emergency). Being incarcerated is not a valid emergency. Notices to applicant will include applicant’s hearing rights. A reasonable accommodation will be made for persons with a disability that requires an advocate or accessible offices. A designee will be allowed to participate in the interview process, but only with permission of the person with a disability. All adult members must sign the HUD Form 9886, Release of Information, the application form and all supplemental forms required by the PHA, the declarations and consents related to citizenship/immigration status and any other documents required by the PHA. Applicants will be required to sign specific verification forms for information, which is not covered, by the HUD form 9886. Failure to do so will be cause for denial of the application for failure to provide necessary certifications and release as required by the PHA. Every adult household member must sign a consent form to release criminal conviction records and to allow the PHA to receive records and use them in accordance with HUD regulations. If the PHA determines at or after the interview that additional information or document(s) are needed, the PHA will request the document(s) or information in writing. The family will be given ten (10) days to supply the information. If the information is not supplied in this time period or if an extension is not requested and granted, the PHA will provide the family a notification of denial of assistance. (See "Complaints and Appeals" chapter 13) VERIFICATION Information provided by the applicant will be verified, using the verification procedures in the “Verification Procedures” chapter. Family composition, income, allowances and deductions, assets, full-time student status, eligibility and rent calculation factors, and other pertinent information will be verified. Verified information that is less than 120 days old at the time of admission is considered current and need not be re-verified. C. FINAL DETERMINATION AND NOTIFICATION OF ELIGIBILITY After the verification process is completed, the PHA will make a final determination of eligibility. This decision is based upon information provided by the family, the verification completed by the PHA and the resident suitability determination. (see Chapter 2 – Eligibility for Admission) Because HUD can make changes in rules or regulations and family circumstances may have changed during the review process that affect an applicant’s eligibility, it is necessary to make final eligibility determination. The household is not actually eligible for a unit offer until this final determination has been made, even though they may have been preliminarily determined eligible and may have been listed on the waiting list and moved to the wait pool. The PHA will make every effort to accurately estimate an approximate date of occupancy. However, the date given by the PHA does not mean that applicants should expect to be housed by that date. The availability of a suitable unit to offer a family is contingent upon factors not directly controlled by the PHA, such as turnover rates, and market demands as they affect bedroom sizes and project location. CHAPTER 4 RESIDENT SELECTION AND ASSIGNMENT PLAN INTRODUCTION This chapter describes the PHA’s policies with regard to local preferences, management of waiting lists, and the number of unit offers that will be made to qualified applicants selected from the wait pool. PHA policies will be followed consistently and will affirmatively further HUD’s fair housing goals. It is the PHA’s policy that each applicant shall be assigned an appropriate place on a jurisdiction-wide waiting list and/or on the waiting list for the developments in which the applicant wishes to reside. Applicants will be listed in sequence based upon the waiting list guidelines stated below. In filling an actual or expected vacancy, the PHA will offer the dwelling unit to an applicant in the appropriate sequence. A. MANAGEMENT OF THE WAITING LIST The PHA will administer its waiting list as required by 24 CFR Part 5, Part 945 and 960 Subparts A and B. The waiting list will be maintained in accordance with the following guidelines: .. The application will be a permanent file .. The list will state the family name and family type .. The list will state the racial and ethnic designations of the head of household .. All applicants in the wait pool will be maintained in order of preference and in order of date and time of application receipt .. Applications equal in preference will be maintained by date and time sequence .. Applicants will be listed by size and type of unit required All applicants must meet applicable income eligibility requirements as established by HUD. .. Applications submitted during a waitlist opening during which a lottery selection system has been used will be maintained and pulled from the waitlist through a computerized random selection process By maintaining an accurate waiting list, the PHA will be able to perform the activities, which ensure that an adequate pool of qualified applicants will be available to fill unit vacancies in a timely manner. Based on the PHA’s turnover and the availability of appropriate sized units, groups of families will be selected from the waiting list to form a final eligibility “wait pool”. Selection from the “wait pool” will be in order of the date and time of the completion of verification. TYPES OF WAITING LISTS This PHA may maintain the following types of wait lists: .. Mixed Population .. General Occupancy .. Designated Elderly .. Designated Disabled .. Site-based .. Accessible Units APPLYING TO MULTIPLE WAIT LISTS A family may put their name on multiple wait lists but when the family is admitted to a public housing site, they will be taken off all other public housing waiting lists. If they are on the Housing Choice Voucher waiting list they may remain on that list while being housed in public housing. Applicants accepting a rental unit in public housing may significantly delay their selection from the Housing Choice Voucher (HCV) waiting list. This is due to the fifty percent (50%) rent burden preference established for the HCV program. B. SITE-BASED WAITING LISTS If the PHA establishes site-based waiting lists, both current and new applicants may choose which site-based waiting list they wish to be placed on, regardless of their application site. When there are insufficient applicants on a site-based waiting list, the PHA will contact applicants on all other waiting lists who may qualify for the type of housing with insufficient applicants. "Insufficient applicants" on a list will be defined as not enough families to fill vacancies for at least three (3) months, based on anticipated turnover at the development. Every reasonable action will be taken by the PHA to assure that applicants can make informed choices regarding the development(s) in which they wish to reside. The PHA will disclose information to applicants regarding the location of available sites, occupancy number and size of accessible units. The PHA will also include basic information relative to amenities such as day care, security, transportation, training programs, and an estimate of the period of time that the applicant will likely have to wait to be admitted to units of different types. MONITORING SITE-BASED WAITING LISTS The system of site-based waiting lists will be carefully monitored to assure that civil rights and fair housing are affirmatively furthered. In order to monitor the site-based waiting lists the PHA will: .. Self-monitor its system of site-based waiting lists at least biannually to assure that racial steering does not occur. If the PHA’s biannual analysis of its site- based waiting list indicates that a pattern of racial steering is or may be occurring, the PHA will take corrective action .. At least every three years, use independent testers to ensure that applicants are not treated differently based upon race or ethnicity, and that no patterns of discrimination exist .. Assess changes in racial, ethnic or disability-related resident composition at each PHA site that has occurred during the implementation of the site-based waiting lists. Each year the PHA will make this assessment based on PIH Information Center (PIC) data that has been confirmed to be complete and accurate by an independent public auditor. C. ASSIGNMENT OF UNITS DESIGNATED FOR THE ELDERLY, DISABLED, OR MIXED USE In accordance with the 1992 Housing Act, families with a head, spouse, co-head or sole member who qualifies as a person who is elderly, disabled, or near elderly as defined in 24 CFR 945.105 will be offered admission to buildings/units that are designated as elderly only, disabled only or mixed use for the elderly and disabled subject to a HUD- approved allocation plan. ELDERLY, NEAR ELDERLY, AND DISABLED Elderly families are defined as families whose head, spouse, co-head, or sole member is at least sixty-two (62) years of age. Disabled families are defined as families whose head or spouse or sole member is a person with disabilities. A near elderly family is a family whose head, spouse, co-head or sole member is at least fifty (50) years of age but below sixty-two (62) years of age. DESIGNATED HOUSING PLAN Until such time as HUD approves a development as designated elderly /near elderly only, the PHA will continue to fill vacancies with the next eligible applicant on the waiting list who accepts a unit offer, regardless of age. After Resident Advisory Board and PHA Board of Commissioners review and HUD approval of a designated plan for elderly/near elderly only housing, the PHA will fill vacancies at designated developments with elderly and near elderly families only. Younger disabled families who currently reside in developments approved for elderly/near elderly designed housing will be relocated on a voluntary basis only. All PHA local preferences apply to elderly, disabled and near-elderly applicants. MIXED POPULATION A mixed population development is reserved for elderly, near elderly, and disabled families. Elderly, near elderly, and disabled families are given equal preference in admission. The PHA does not establish a limit on the number of elderly, near elderly, or disabled families accepted in a mixed population development. D. GENERAL OCCUPANCY UNITS General occupancy units are designed to house all populations of eligible families. In accordance with the PHA’s occupancy standards, eligible families not needing units designed with special features or units designed for special populations will be admitted to the PHA’s general occupancy units. E. ACCESSIBLE UNITS The PHA has units designed for persons with mobility, sight and hearing impairments, referred to as accessible units. No non-mobility-impaired families will be offered these units until all eligible mobility-impaired applicants have been considered. Before offering a vacant accessible unit to a non-disabled applicant, the PHA will offer such units: .. First, to a current occupant of another unit of the same development, or other public housing developments under the PHA’s control who has a disability that requires the special features of the vacant unit .. Second, to an eligible qualified applicant in the waiting pool having a disability that requires the special features of the vacant unit When offering an accessible/adaptable unit to a non-disabled applicant, the PHA will require the applicant to agree to move to an available non-accessible unit within thirty (30) days when either a current resident or an applicant needs the features of the unit and there is another unit available for the applicant. (see Chapter 9 - Leasing) F. OFFER OF PLACEMENT ON THE HOUSING CHOICE VOUCHER (HCV) WAITING LIST If the PHA maintains separate lists for its Public Housing and Housing Choice Voucher programs, the PHA will offer to place the family on both lists. If the public housing waiting list is open at the time an applicant applies for the HCV Program, the PHA will offer to place the family on the public housing waiting list. However, the PHA may merge its waiting lists for all programs. G. REMOVAL FROM WAITING LIST AND PURGING The waiting list will be purged at least periodically by a mailing to all applicants to ensure that the waiting list is current and accurate. The mailing will ask for current information and confirmation of continued interest. If an applicant fails to respond within thirty (30) days the applicant will be removed from the waiting list. If a letter is returned by the Post Office without a forwarding address, the applicant will be removed without further notice and the envelope and letter will be maintained in the file. If an applicant is removed from the waiting list for failure to respond, they will not be entitled to reinstatement unless a person with a disability requests a reasonable accommodation for being unable to reply with the prescribed period. The PHA allows a grace period of one hundred and ninety (90) days after completion of the purge. Applicants who respond during this grace period will be reinstated. The PHA may also remove a name from the waiting list for the following reasons: .. Applicant requests it .. Applicant was clearly advised of a requirement to notify the PHA of his/her continued interest by a particular time and failed to do so .. PHA has made reasonable efforts to contact the applicant to determine if there is continued interest, but has been unsuccessful .. PHA has notified the applicant of its intention to remove the applicant’s name because of ineligibility H. WAITING LIST PREFERENCES A preference does not guarantee admission to the program. Preferences are used to establish the order of placement on the waiting list. Every applicant must meet the PHA’s selection criteria as defined in this policy. The PHA’s preference system will work in combination with requirements to match the characteristics for the family to the type of unit available, including units with targeted populations, and further deconcentration of poverty in public housing. When such matching is required or permitted by current law, the PHA will give preference to qualified families. The PHA uses the following local preferences: (2 Points) Involuntary Displacement: Families displaced by government action through no fault of their own or families displaced by a natural disaster recognized by the Federal government (i.e. flood, earthquake, fire) and documented by the local Building Department or Board of Health will be granted this preference. Displaced by government action also includes families wishing to reside in Public Housing, who were displaced from the Housing Choice Voucher program due to lack of funding. All other applicants that do not qualify for any preference will be placed on the waiting list by the date and time of application. Families with equal preference points will be contacted to complete the full application in order of date and time of placement on the waiting list. Families who reach the top of the waiting list will be contacted by the PHA to complete a full application at which time their preference will be verified. An applicant may not be granted any preference if any member of the family has been evicted from any federally assisted housing during the past five (5) years because of drug-related or violent criminal activity. The PHA may grant an exception to such a family if the responsible member has successfully completed a rehabilitation program. I. PREFERENCE DENIAL If the preference verification indicates that an applicant does not qualify for the preference, the applicant will be returned to the waiting list and ranked without the local preference. Applicants may exercise other rights if they believe they have been discriminated against. If the applicant falsifies documents or makes false statements in order to qualify for any preference, they will be removed from the waiting list with notification to the family. CHANGE IN CIRCUMSTANCES Changes in an applicant’s circumstances while on the waiting list may affect the family’s entitlement to a preference. Applicants are required to notify the PHA in writing when their circumstances change. When an applicant claims an additional preference, the applicant will be placed on the waiting list in the proper order of their newly claimed preference. J. SPECIAL ADMISSIONS When HUD awards a PHA program funding that is targeted for families, the PHA will admit these families under a special admission procedure. Special admissions families will be admitted outside of the regular waiting list process. They do not have to qualify for any preferences, nor are they required to be on the program waiting list. The PHA maintains separate records of these admissions. The following are examples of types of program funding that may be designated by HUD for families living in a specified unit: .. A family displaced because of demolition or disposition of a public or Indian housing project .. A family residing in a multifamily rental housing project when HUD sells, forecloses or demolishes the project .. For housing covered by the Low Income Housing Preservation and Resident Home-ownership Act of 1990 .. A family residing in a project covered by a project-based Section 8 HAP contract at or near the end of the HAP contract term .. A non-purchasing family residing in a HOPE 1 or HOPE 2 project Applicants who are admitted under special admissions, rather than from the waiting list, are identified by codes in the automated system. K. MATCHING UNIT AND FAMILY CHARACTERISTICS Factors such as unit size, accessible features, de-concentration or income mixing, income targeting, or units in housing designated for the elderly limit the admission of families to those characteristics that “match” the characteristics and features of the available vacant unit. By matching unit and family characteristics, it is possible that some families in the waiting pool may receive an offer of housing ahead of families with an earlier date and time of application. Any admission mandated by court order related to desegregation or Fair Housing and Equal Opportunity will take precedence over the preference system. Other admissions required by court order will also take precedence over the preference system. L. INCOME TARGETING The PHA will monitor its admissions to ensure that at least forty percent (40%) of families admitted to public housing in each fiscal year shall have incomes that do not exceed thirty percent (30%) of area median income of the PHA’s jurisdiction. Hereafter families whose incomes do not exceed thirty percent (30%) of area median income will be referred to as "extremely low-income families". The PHA shall have the discretion, at least annually, to exercise the “fungibility” provision of the Quality Housing and Work Responsibility Act (QHWRA) by admitting less than forty percent (40%) of “extremely low-income families” to public housing in a fiscal year, to the extent that the PHA has provided more than seventy-five percent (75%) of newly available vouchers and certificates to “extremely low-income families.” This fungibility provision discretion by the PHA is also reflected in the PHA’s administrative plan. The fungibility credits will be used to drop the annual requirement below forty percent (40%) of admissions to public housing for extremely low-income families by the lowest of the following amounts: .. The number of units equal to ten percent (10%) of the number of newly available vouchers and certificates in the fiscal year .. The number of public housing units that: (1) are in public housing developments located in census tracts having a poverty rate of thirty percent (30%) or more, and (2) are made available for occupancy by and actually occupied in that year by, families other than extremely low-income families. THE FUNGIBILITY FLOOR Regardless of the above two amounts, in a fiscal year, at least thirty percent (30%) of the PHA’s admissions to public housing will be to extremely low-income families. The fungibility floor is the number of units that cause the PHA’s overall requirement for housing extremely low-income families to drop to thirty percent (30%) of its newly available units. Fungibility shall only be utilized if the PHA is anticipated to fall short of its forty percent (40%) goal for new admissions to public housing. COMBINING LOW AND VERY LOW-INCOME FAMILY ADMISSIONS Once the PHA has met the forty percent (40%) targeted income requirement for new admissions of extremely low-income families, the PHA will fill the remaining sixty percent (60%) of its new admission units with both low and very low-income families. M. DE-CONCENTRATION OF POVERTY AND INCOME-MIXING The PHA’s admission policy is designed to provide for de-concentration of poverty and income mixing by bringing higher income residents into lower income projects and lower income residents into higher income projects. Gross annual income is used for income limits at admission and for income-mixing purposes. Skipping of a family on the waiting list specifically to reach another family with a lower or higher income is not to be considered an adverse action to the family. Such skipping will be uniformly applied until the target threshold is met. The PHA will gather data and analyze, at least annually, the resident characteristics of its public housing stock, including information regarding resident incomes, to assist in the PHA's de-concentration efforts. The PHA will use the gathered resident income information in its assessment of its public housing developments to determine the appropriate designation to be assigned to the project for the purpose of assisting the PHA in its de-concentration goals. DE-CONCENTRATION AND INCOME-MIXING GOALS Admission policies related to the de-concentration efforts of the PHA do not impose specific quotas. Therefore, the PHA will not set specific quotas, but will strive to achieve de-concentration and income mixing in its developments. DEVELOPMENT DESIGNATION METHODOLOGY The PHA’s goal is to have eligible families having higher incomes occupy dwelling units in developments predominantly occupied by eligible families having lower incomes, and eligible families having lower incomes occupy dwelling units in developments predominantly occupied by eligible families having higher incomes. Families having lower incomes include very low and extremely low-income families. Skipping of families for de-concentration purposes will be applied uniformly to all families. INCOME LIMIT METHOD The PHA will compare the gross annual income of all families in all multi-unit developments to the jurisdiction’s income limits. The PHA will designate as higher income developments those developments where twenty percent (20%) or more of the families residing in the development have incomes at or above the low-income limit eighty percent (80%) of area median income. The PHA will designate as lower income developments those developments where eighty percent (80%) or more of the families residing in the development have incomes at or below the extremely low and very low-income families. PHA INCENTIVES FOR HIGHER AND LOWER INCOME FAMILIES The PHA may offer certain incentives to higher and lower income families willing to move into higher or lower income projects. The PHA will not take any adverse action against any family declining an offer by the PHA to move into a higher or lower income project. N. PLAN FOR UNIT OFFERS The PHA plan for selection of applicants and assignment of dwelling units to assure equal opportunity and non-discrimination on grounds of race, color, sex, religion, or national origin is: .. Two offers- The applicant shall be offered a suitable unit in the location with the higher number of vacancies, oldest vacancy first. If the first offer is rejected, a final offer will be made at another location. .. One offer- Upon approval by HUD of designated elderly housing developments, only one offer to a designated elderly unit will be permitted for an approved designated elderly applicant. If more than one unit of the appropriate type and size is available, the first unit to be offered will be the oldest vacancy first. The PHA will maintain a record of units offered and accepted or turned down. O. CHANGES PRIOR TO UNIT OFFER Changes that occur prior to the applicant’s acceptance of a unit may affect the family’s eligibility, number of bedrooms needed, and/or total tenant payment (TTP). Changes in family composition, status, or income between the time of the interview and the offer of a unit will be processed. If the family is subsequently determined ineligible, the applicant will be notified in writing of changes in their eligibility or level of benefits and offered their right to an informal hearing when applicable (see Chapter 13 - Complaints, Grievances, and Appeals). P. APPLICANT STATUS AFTER FINAL UNIT OFFER When an applicant rejects the final unit offer the PHA will remove the applicant’s name from the waiting list. Removal from the waiting list means the applicant must reapply and must wait twelve (12) months from the date of the final turndown before re-applying for the Public Housing program. Q. TIME-LIMIT FOR ACCEPTANCE OF UNIT Applicants must respond to unit offers within the number of days specified by the PHA. The PHA will make unit offers by phone or letter. The offer will be noted as a refusal (turn down) if the applicant does not respond or accept a unit within the specified number of days. APPLICANTS UNABLE TO TAKE OCCUPANCY If an applicant is willing to accept the unit offered, but is unable to take occupancy at the time of the offer for "good cause," the offer will not be noted as a refusal. Examples of "good cause" reasons for the refusal to take occupancy of a housing unit include, but are not limited to: .. Inaccessibility to source of employment or children’s daycare such that an adult household member must quit a job, drop out of an educational institution or a job-training program .. Presence of lead paint in the unit offered when the applicant has children under the age specified by current law .. A qualified, knowledgeable, health professional verifies the temporary hospitalization or recovery from illness of the principal household member, other household members, or a live-in aide necessary to care for the principal household member .. The unit is inappropriate for the applicant’s disabilities R. REFUSAL OF OFFER If the unit offered is refused for other reasons, the PHA will follow the applicable policy as listed in Sections O and Q above. CHAPTER 5 OCCUPANCY GUIDELINES INTRODUCTION The occupancy guidelines are established by the PHA to ensure that units are occupied by families of the appropriate size. This policy maintains the maximum usefulness of the units, while preserving them from excessive wear and tear or under utilization. This chapter explains the occupancy guidelines used to determine minimum and maximum unit sizes for various sized families when they are selected from the waiting list, or when a family’s size changes, or when a family requests an exception to the occupancy guidelines. A. DETERMINING UNIT SIZE The PHA does not determine who shares a bedroom/sleeping room, but there must be at least one (1) person per bedroom. The PHA’s occupancy guideline standards for determining unit size shall be applied in a manner consistent with Fair Housing guidelines. For occupancy standards, an adult is a person eighteen (18) years or older, or an emancipated minor. All guidelines in this section relate to the number of bedrooms in the unit. Dwelling units will be assigned so that generally the PHA will assign one (1) bedroom to two (2) people within the following guidelines: .. Minors of the same sex and same generation (less than 10 years apart in age) shall be allocated one bedroom .. Minors of the opposite sex, under 4 (four) years of age shall be allocated one bedroom .. Adults (18 and over) who have a spousal relationship shall be allocated one bedroom .. Exception infants under one year of age may be allowed to share a room with two other members of the household The PHA assigns an additional bedroom under the following conditions: .. Minors of the same sex but who are more than 10 years apart in age shall be allocated separate bedrooms .. Minors of the opposite sex, over the age of 4 (four) shall be allocated separate bedrooms .. Adults (18 and over) who are not in a spousal relationship shall be allocated separate bedrooms .. Live-in attendants will generally be provided a separate bedroom, unless requested otherwise by the family. No additional bedrooms are provided for the attendant's family. Other consideration in determining the bedroom size: .. Foster children may be considered when determining unit size at move in only .. Space may be provided for a child who is away at school but who lives with the family during school recesses for as long as the child is considered a dependent .. Space will not be provided for a family member who will be absent most of the time, such as a member who is away in the military unless the absence is considered temporary such as short-term reserve duty .. Single person families shall be allocated zero (0) or one (1) bedroom .. The living room will not be counted for use as a bedroom GUIDELINES FOR DETERMINING BEDROOM SIZE Bedroom Size Persons in Household: (Minimum #) Persons in Household: (Maximum #) 0 Bedroom 1 1 1 Bedroom 1 2 2 Bedrooms 2 4 3 Bedrooms 3 6 4 Bedrooms 4 8 5 Bedrooms 6 10 6 Bedrooms 8 12 B. EXCEPTIONS TO OCCUPANCY STANDARDS The unit considerations in this chapter should be used as a guide to determine whether and when the bedroom size should be changed. If an unusual situation occurs, which is not currently covered in this policy, the PHA will make a determination after review of the situation, the individual circumstances, and the verification provided (see Chapter 11 - Recertifications). The PHA will grant exceptions from the guidelines in cases where it is the family’s request or the PHA determines the exceptions are justified by the relationship, age, sex, health or disability of family members, or other individual circumstances, and there is a vacant unit available. If an applicant requests to be listed on a smaller or larger bedroom size waiting list, the following guidelines will apply: .. In all cases, where the family requests an exception to the general occupancy standards, the PHA will evaluate the relationship and ages of all family members and the overall size of the unit The family may request to be placed on a larger or smaller bedroom size waiting list than indicated by the PHA’s occupancy guidelines. The request must explain the need or justification for a larger or smaller bedroom size, and must be verified by the PHA before the family is placed on the larger or smaller bedroom size list. The PHA will consider these requests: Person(s) with Disability The PHA will grant an exception upon request as a reasonable accommodation for persons with disabilities if the need is appropriately verified and meets requirements in Chapter1(E) - Reasonable Accommodations Policy. Other Circumstances Circumstances may dictate a larger size than the occupancy standards permit when persons cannot share a bedroom because of a need for medical equipment due to its size and/or function. A doctor must verify requests for a larger number of bedrooms due to medical equipment. A licensed physician or an attending health care professional, on a Verification of Need for Reasonable Accommodation form, must verify all requests based upon health related needs. The PHA will not assign a larger bedroom size due to additions of family members other than by birth, adoption, marriage, or court-awarded custody. The PHA must approve all members of the family residing in the unit. The family must obtain written approval of any additional family member before the person occupies the unit except for additions by birth, adoption, or court-awarded custody, in which case the family must inform the PHA within thirty (30) days. To avoid vacancies, the PHA may provide a family with a larger unit than the occupancy standards permit. The family must agree to move to a suitable, smaller unit when another family qualifies for the larger unit and there is a suitable smaller unit available. This requirement is a provision of the lease. C. ACCESSIBLE UNITS The PHA has units designed for persons with mobility, sight and hearing impairments. These units were designed and constructed specifically to meet the needs of persons requiring the use of wheelchairs and persons requiring other modifications. Preference for occupancy of these units will be given to families with disabled family members who require the modifications or facilities provided in the units. Accessible units will be offered and accepted by non-mobility impaired applicants only with the understanding that such applicants must accept a transfer to a non-accessible unit at a later date (at applicants expense with a new security deposit) if a person with a mobility impairment requiring the unit applies for housing and is determined eligible. CHAPTER 6 DETERMINATION OF TOTAL TENANT PAYMENT INTRODUCTION The accurate calculation of annual income and adjusted income will ensure that families are not paying more or less money for rent than their obligation under the regulations. This chapter defines the allowable deductions from annual income and how the presence or absence of household members may affect the total tenant payment (TTP). Income and TTP are calculated in accordance with 24 CFR Part 5, Subpart F and further instructions set forth in HUD notices, memoranda and addenda. The formula for the calculation of TTP is specific and not subject to interpretation. The PHA's policies in this chapter address those areas, which allow the PHA discretion to define terms and to develop standards in order to assure consistent application of the various factors that relate to the determination of TTP. A. MINIMUM RENT The minimum rent for this PHA is fifty dollars ($50). The Total Tenant Payment is the greater of: .. Thirty percent (30%) of the adjusted monthly income .. Ten percent (10%) of the gross monthly income .. The minimum rent of $50 as established by the PHA The minimum rent refers to a minimum total tenant payment and not a minimum tenant rent. The total tenant payment does not include charges for excess utility consumption or other charges. The PHA recognizes that in some instances even the minimum rent may create a financial hardship for families. The PHA will review all relevant circumstances brought to the PHA’s attention regarding financial hardship as it applies to minimum rent. The PHA’s procedures and policies in regard to minimum rent financial hardship as set forth by the QHWRA are stated in the following section. PHA Procedures for Notification to Families of Hardship Exemptions The PHA will notify all participant families subject to a minimum rent of their right to request a minimum rent hardship exemption under the law. The housing technician will document in the family’s file that the family has been notified of their right to request a minimum rent hardship exemption. The PHA notification will advise the family that hardship exemption determination is subject to the PHA’s grievance procedures (see Chapter 13- Complaints, Grievances and Appeals). The PHA will review all resident requests for exceptions from the minimum rent due to financial hardships. All requests for minimum rent exemption are required to be in writing. Requests for minimum rent exemption must state the family circumstances that qualify the family for an exception. EXCEPTIONS TO MINIMUM RENT When a family requests a minimum rent hardship exemption, application of the minimum rent will be suspended beginning the month following the family’s hardship request. During the minimum rent suspension period, the PHA will not charge the family a minimum rent, or if applicable, discontinue charging the family a minimum rent. The PHA will not evict the family for nonpayment of minimum rent during the ninety (90) day period beginning the month following the family’s request for a hardship exemption. T