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#8 Rent Assistance Administrative Plan _B_ SECTION 8 RENTAL ASSISTANCE ADMINISTRATIVE PLAN JANESVILLE COMMUNITY DEVELOPMENT AUTHORITY 18 North Jackson Street Janesville, WI 53545 This plan was adopted by the Janesville Community Development Authority on , 2009. This plan supersedes all previously adopted plans. TABLE OF CONTENTS Policy # Page # Formatted: Font: Bold, Underline Policy 1 Plan and Program Purpose and Organization………………………………… 1 Policy 2 Definitions……………………………………………………………………. 3 Formatted: Font: Bold Policy 3 Eligibility for Participation……………………………………………………148 Policy 4 Wait List Management………………………………...……………………...915 Policy 5 Selection of Applicants from Wait List(s)……………………………………117 Policy 6 Admission to Program………………………………………………………..149 Policy 7 Term of Housing Choice Voucher…………………………………………...1824 Policy 8 Dwelling Unit Approval……………………………………………………...1925 Policy 9 Release of Tenant Information……………………………………………….2228 Policy 10 Approval of Owners………………………………………………………….2329 Policy 11 Lease Requirements………………………………………………………….2431 Policy 12 Re-Examination of Income, Expenses, Assets, and Family Composition…...2532 Policy 13 Minimum Rent ……………………………………………………………….34 14 Moving with Continued Assistance………………………………………….2736 Policy 154 Absence from Unit…………………………………………………………...3039 Policy 165 Family Break-up……………………………………………………………..3140 Policy 176 Failure to Report Changes in Income, Expenses, Assets, Family 32 Composition or Other Misrepresentations……………………………………41 Policy 1187 Termination of Assistance to Illegal Drug Users and Alcohol Abusers…….. 3443 Policy 1198 Termination of Lease…………………………………………………………3645 2019 Informal Review for Applicant………………………………………………3746 TABLE OF CONTENTS Policy # Page # 2120 Informal Hearing for Participant……………………………………………..3847 Policy 221 Informal Hearing Procedures………………………………………………...3948 Policy 232 Claims for Rent, Damages, and Vacancy Loss………………………………4150 Policy 243 Approval of Live-In Aide…………………………………………………….4351 Policy Formatted: No underline 254 Family Self-Sufficiency (FSS) Program……………………………………...4452 Policy 265 Rent Reasonableness…………………………………………………………4654 Policy 27 Verification of Information ………………………………………….……….56 28 Equal Opportunity and Fair Housing Policy…………………………….……57 29 Certification ………………………………………………………………….59 32 Violence Against Women Act ……………………………………………….60 1 POLICY 1 PLAN AND PROGRAM PURPOSE AND ORGANIZATION 1.01 PURPOSE 1.01.1The purpose of the Administrative Plan is to establish policies for items which are not clearly defined under Federal Regulations for the Section 8 Housing Choice Voucher Program (hereinafter referred to as the “Program”) operated by the Janesville Community Development Authority. The plan covers both admission to and continued participation in the Program. Changes to the Plan will be approved by the Janesville Community Development Authority. The Janesville Community Development Authority (CDA) is responsible for complying with Federal Statute and HUD regulations pertaining to the Program. This Plan is subject to changes in all Statutes and Federal Regulations. In the event of a discrepancy, Statute and Regulation will supersede the Administrative Plan. The Program’s objectives are to provide rental assistance to eligible low income households, to provide safe, decent and sanitary housing to low income households in the City of Janesville, and to offer a Family Self Sufficiency Program. All households served by this Program will reside in housing units that meet Housing Quality Standards as specified in 982.401 of the Code of Federal Regulations (CFR). 1.02 PROGRAM DEFINITION 1.02.1 The Section 8 Rent Assistance Program, as administered by the Janesville Community Development Authority, is a program designed to assist very low income families in renting, or continuing to rent, decent, safe, and sanitary housing at costs which they can afford (882.204(ii)(A). The Community Development Authority will comply with HUD regulations for Section 8 Existing and Housing Voucher Programs (CFR 24, Chapter VIII, Parts 982 and Administrative Handbook 7420.7) in administration of the program. The Janesville Community Development Authority is created pursuant to Section 66.4325 of the Wisconsin Statutes. 1.02.2 The Authority will also operate a Family Self-Sufficiency (FSS) Program. The FSS Program will enable families participating in the Section 8 Rental Assistance Program to attain the skills, knowledge and motivation to secure the opportunities needed for them to become economically, socially and financially independent and self-sufficient. The goal of the FSS program is to develop opportunities for clients participating in the program. Clients will be connected to agencies and organizations in the community who will help them achieve their goals. 1 1.03 STAFFING The following staff, under the direction of the Housing DirectorNeighborhood Services Director, will administer the Section 8 Rent Assistance program. ? Section 8 Housing Specialist (2) ? Customer Service Representative (part-time) 1.04 ACTIVITIES AND RESPONSIBILITIES Section 8 staff shall be responsible for and complete the following activities: ? Maintain program records ? Inform eligible families of program ? Encourage owners to make units available ? Encourage fair housing ? Inspect or assure unit conditions ? Approve leases ? Make housing assistance payments to owners 2 POLICY 2 DEFINITIONS 2.01 DEFINITIONS In order to provide clarification, the following terms used in this plan shall be defined as follows: Allowance for Utilities and Other Services ("Allowances") An amount determined by the CDA which serves as an allowance for the cost of utilities (except telephone and cable television) and charges for other services payable directly by the family. Where the family pays directly for one or more utilities or services, the amount of the allowance is deducted from the Gross Rent in determining the Contract Rent and is included in the Total Tenant Payment. Annual Income The anticipated total income from all sources of the family head and spouse (even if temporarily absent), and each additional member of the family household who is over 18 (including foster children), anticipated to be received during a 12 month period. Income, including all net income derived from assets, shall include, but not be limited to: Annual income a) means all amounts, monetary or not, which: (1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or (2) Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and (3) Which are not specifically excluded in paragraph (c) of this section. (4) Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access. (b) Annual income includes, but is not limited to: (1) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services; (2) The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family; 3 (3) Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in paragraph (b)(2) of this section. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD; (4) The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in paragraph (c)(14) of this section); (5) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except as provided in paragraph (c)(3) of this section); Welfare assistance payments. (6) (i) Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income only to the extent such payments: (A) Qualify as assistance under the TANF program definition at 45 CFR 260.31; and (B) Are not otherwise excluded under paragraph (c) of this section. (ii) If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of: (A) The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus (B) The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage. (7) Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling; (8) All regular pay, special pay and allowances of a member of the Armed Forces (except as provided in paragraph (c)(7) of this section). (9) For section 8 programs only and as provided in 24 CFR 5.612, any financial assistance, in excess of amounts received for tuition, that an individual receives under the Higher Education 4 et seq. Act of 1965 (20 U.S.C. 1001 ), from private sources, or from an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except that financial assistance described in this paragraph is not considered annual income for persons over the age of 23 with dependent children. For purposes of this paragraph, “financial assistance” does not include loan proceeds for the purpose of determining income. (c) Annual income does not include the following: (1) Income from employment of children (including foster children) under the age of 18 years; (2) Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone); (3) Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in paragraph (b)(5) of this section); (4) Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member; (5) Income of a live-in aide, as defined in §5.403; (6) Subject to paragraph (b)(9) of this section, the full amount of student financial assistance paid directly to the student or to the educational institution; (7) The special pay to a family member serving in the Armed Forces who is exposed to hostile fire; (8)(i) Amounts received under training programs funded by HUD; (ii) Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS); (iii) Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program; (iv) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time; (v) Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not 5 affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program; (9) Temporary, nonrecurring or sporadic income (including gifts); (10) Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era; (11) Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse); (12) Adoption assistance payments in excess of $480 per adopted child; (13) [Reserved] (14) Deferred periodic amounts from supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts. (15) Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit; (16) Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or (17) Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the Federal Register and distributed to PHAs and housing owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary. Annualization of income. (d) If it is not feasible to anticipate a level of income over a 12-month e.g., period ( seasonal or cyclic income), or the PHA believes that past income is the best available indicator of expected future income, the PHA may annualize the income anticipated for a shorter period, subject to a redetermination at the end of the shorter period. Annual Income After Allowances The gross income minus the following allowances: ? $480 for each minor; ? Unusual expenses, i.e., amounts paid by the family for care of minors under 13 years of age or for the care of disabled or handicapped family household members, but only where such care is necessary to enable a family member to be gainfully employed or to further his/her education and the amount allowable as Unusual Expenses shall not exceed the amount of income from such employment; 6 ? $400 for each elderly or handicapped family; ? Medical expenses anticipated during the 12 month period for which the annual income is computed, which are not covered by insurance, and which exceed 3% of the annual income (for elderly or handicapped or disabled families only). Applicant A family that has applied for admission to a program, but is not yet a participant in the program. Co-head The spouse of the head of household. Contract Rent The rent payable to the owner under his/her contract including the portion of the rent payable by the family and PHA Public Housing Authority or HUD on family's behalf. In the case of a cooperative, the term "Contract Rent" means charges under occupancy agreements between the members and the cooperative. Dating Violence The term “dating violence” means violence committed by a person: (A) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) Where the existence of such a relationship shall be determined based on a consideration of the following factors: a. The length of the relationship. b. The type of relationship c. The frequency of interaction between the persons involved in the relationship. Disabled Person A person who is under a disability as defined in section 223 of the Social Security Act (42 U.S.C. 423), or who has a developmental disability as defined in section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(7)). For purposes of the Fair Housing Act, the Americans with Disabilities Act, §504 of the Rehabilitation Act of 1973, and state and local laws protecting the rights of the disabled, the CDA will interpret the definition of “disabled person” consistent with definitions provided in the applicable statute, regulation or ordinance. Displaced Family A family displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized under Federal disaster relief laws. Domestic Violence The term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in 7 common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. Drug-Related Criminal Activity The illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute or use a controlled substance. Elderly Family A family whose head, spouse, or sole member is a person who is at least 62 years of age; or two or more persons who are at least 62 years of age living together; or one or more persons who are at least 62 years of age living with one or more live-in aides. Elderly Person A person who is at least 62 years of age. Eligible Immigrants Eligible immigrants are noncitizens and non-nationals of the United States who are residing in the United States and able to provide verification according to HUD and INS guidelines that they are eligible to receive federal housing assistance. The Housing Authority shall require those persons claiming to be eligible immigrants to provide verification of status according to the following two categories: a. Persons who are 62 years or older: Self certification of eligible immigrant status; and Proof of age. b. Persons who are under 62 years of age: Self certification of eligible immigrant status. Verification form for INS SAVE system: One or more of the following acceptable INS documents: ? Resident Alien Card (I-551) ? Alien Registration Receipt Card (I-151) ? Arrival-Departure Record (I-94) ? Temporary Resident Card (I-688) ? Employment Authorization Card (I-688B) ? Receipt issued by INS for issuance of replacement of any of the above documents that shows individual’s entitlement has been verified. 8 Formatted: Indent: First line: 0.5" Formatted: Indent: Left: 0", First line: 0" Formatted: Bullets and Numbering Each family must declare their status once. Assistance cannot be delayed, denied, or terminated while verification of status is pending, except that assistance to applicants may be delayed while a Hearing is pending. Extremely Low Income Family A family whose gross annual income does not exceed 30% of the median income for Rock County (adjusted for family size) as determined by the Secretary of the Department of Housing and Urban Development (HUD). Fair Market Rent (FMR) The rent, including utilities (except telephone and cable television), all maintenance management, and other services which would be required to be paid in order to obtain privately owned, existing, decent, safe, and sanitary rental housing of modest nature with suitable amenities. Separate Fair Market Rents shall be established by HUD for dwelling units of varying sizes and types and will be published in the Federal Register annually. Family Composition A “family” may be a single person or a group of persons. A single person family may be: An elderly person A disabled person A displaced person Any other single person A family includes a family with a child or children. A child who is temporarily away from the home for less than a 12 month time period because of placement in foster care is considered a member of the family. A group of persons consisting of two or more elderly persons or disabled persons living together, or one or more elderly or disabled persons living with one or more live-in aides is a family. Family Self-Sufficiency (FSS) Program A voluntary program whose goal is to enable families participating in the Section 8 Rental Assistance Program to attain the skills, knowledge and motivation to secure the opportunities needed for them to become economically, socially and financially independent and self- sufficient. Gross Rent The Contract Rent plus any Allowance for Utilities and Other Services. Immediate Family Member A spouse, parent, brother, sister, or child of that person, or an individual to whom that person stands in loco parentis; or 9 Any other person living in the household of that person and related to that person by blood or marriage. Ineligible Family Members Ineligible family members are noncitizens and non-nationals of the United States who are residing in the United States and who do not meet HUD and INS guidelines as eligible to receive federal housing assistance. Noncitizen students on student visas are ineligible members even though they are in the country lawfully. They must provide their student visa but their status will not be verified and they do not sign a self certification but are listed as ineligible family members. Formatted: No underline Failure to Provide: If an applicant or participant family member fails to sign required declarations and consent forms or provide documents, as required, they must be listed as an ineligible family member. If the entire family fails to provide and sign as required, the family may be denied or terminated for failure to provide required information. Live-in Aide A person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who: 1. Is determined to be essential to the care and well being of the persons, as documented in a signed physician’s statement declaring the necessity of such an individual; 2. Is not obligated for the support of the persons; and 3. Would not be living in the unit except to provide the necessary supportive services. Minimum Rent Minimum rent is $25.00. Minimum rent refers to Total Tenant Payment and includes the Formatted: Indent: Left: 0", Hanging: 0.5", combined amount a family pays towards rent and/or utilities when it is applied. Tab stops: Not at 0.63" Minor Family Member Children who reside in the unit at least 50% of the time will be considered household family members. Children can be counted for a deduction in one household only. Monthly Income One twelfth (1/12) of the annual income. Monthly Income After Allowances One twelfth (1/12) of the Annual Income after Allowances. 10 Formatted: Font: Not Bold Formatted: No underline Near-elderly Family A family whose head, spouse, or sole member is a person who is at least 50 years of age but below the age of 62; or two or more persons, who are at least 50 years of age but below the age of 62, living together; or one or more persons who are at least 50 years of age but below the age of 62 living with one or more live-in aides. Non-Recurring Income The following items shall not be considered as income: ? Casual, sporadic, or irregular gifts; ? Amounts which are specifically for or in reimbursement of the cost of medical expenses; ? Lump-sum additions to family assets, such as inheritances, insurance payments, (including payments under health and accident insurance and workmen's compensation), capital gains and settlement for personal or property losses; ? Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books, and equipment. Any amount of such scholarships or payments to veterans not used for the above purposes or which are available for subsistence, are to be included as income; ? The special pay to a family member serving in the armed forces who is exposed to hostile fire; ? Relocation payments made pursuant to Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; ? Foster child care payments; ? The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of the amount actually charged to the eligible households; ? Payments received pursuant to participation in the following volunteer programs under the ACTION Agency: 1. National Volunteer Anti-poverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs. 2. National Older American Volunteer Programs for persons age 60 and older which includes Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program, and the National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE). ? For families participating in the Family Self Sufficiency Program an escrow account will be established for each family participating in the program. Deposits will begin into the escrow account when the participant's earned income increases and the participant's portion of the rent decreases the amount of the housing assistance payment paid to the landlord on their behalf. Deposits into the escrow account will be based on earned income only. Earned income is defined as income from: gross wages, gross salaries, other employee 11 compensation, earnings from self employment, tips, gross pay for overtime, commissions, bonuses, fees, etc., net income from operation of a business or profession, military pay (excluded if on active duty in a declared war zone). Earned income does not include: income of children under 18, pension or annuity payments, transfer payments or cash or in kind benefits, AFDC, general relief, social security, SSI, DVR, etc.; ? Income from employment of children (including foster children) if under 18 years of age;. ? Income of live-in aide who resides with and cares for an elderly, disabled, or handicapped person(s). It must be determined by the client's health care provider that the live-in-aide is essential to the care and well being of the person or persons; the aide is not obligated for the support of the person(s) and that the aide would not be living in the unit except to provide the necessary supportive services;. ? Amounts received under training programs funded by HUD; amounts received by a Disabled person that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self- Sufficiency (PASS); or amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program;. ? For all initial determinations and reexaminations of income carried out on or after April 23, 1993, reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era;. Participant A family that has been admitted to the Housing Authority program, and is currently assisted in the program. The family becomes a participant on the effective date of the first Housing Assistance Payments contract executed by the HA for the family (first day of initial lease term). Perpetrator A person who commits an act of domestic violence, dating violence or stalking against a victim. Remaining Member of Tenant Family A person remaining in a unit when other member(s) of an assisted family have moved, unless this individual was an unrelated member of the former family who was necessary to care for the well-being of an elderly, disabled, or handicapped head of household or spouse and whose income was not counted for eligibility (i.e. a Live-in Aide). Stalking The term “stalking” means; (A) to follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate another person; and to place under surveillance with the intent to kill, injure, harass or intimidate another person; and (B) In the course of, or as a result of, such following, pursuit, surveillance or repeatedly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to – a. That person; 12 b. A member of the immediate family of that person; or c. The spouse or intimate partner of that person Student Child away at school will be considered permanently absent. This applies to students who reside in the home only at recess and holidays. If the family wants an away student included in the household, then income (which includes financial assistance) will be counted. If the student is eighteen or over, they will be required to attend all recertification reexams and sign all of the necessary documents. It is the family’s option how they want to consider an away student. Student status shall be determined by the resident family providing documentation of school schedule, written documentation of classes taken, etc. Tenant Rent The amount paid directly to the owner by the family. This amount is equal to the Total Tenant Payment minus any applicable Allowance for Utilities and Other Services. Formatted: No underline Total Tenant Payment The portion of the Gross Rent payable by an eligible family. Transitional Living Program A Program intended to move a family from homelessness to independent living through counseling, education, and other programs designed to prevent future occurrence(s) of the issue(s) that lead to homelessness. Very Low Income Family A family whose gross annual income does not exceed 50% of the median income for Rock County (adjusted for family size) as determined by the Secretary of the Department of Housing and Urban Development (HUD). Very Large Very Low Income Family A very low income family which includes eight or more minors. 13 POLICY 3 ELIGIBILITY FOR PARTICIPATION 3.01 OUTREACH 3.01.1 Outreach will be implemented after execution of the Annual Contributions Contract and according to the Equal Opportunity Housing Plan (EHOP) filed with the original Section 8 application. The Housing DirectorNeighborhood Services Director will advertise and contact groups and agencies as specified in the EHOP. 3.01.2 Advertisements inviting landlord and tenant participation will be made as specified in the EHOP. Brochures will be prepared and distributed to interested agencies and individuals (Appendix A). Continued outreach toward tenants and landlords will concentrate on attracting households and landlords who have not participated in the program before. This will be done on an "as needed" basis. Such outreach will conform with Part 882.103 8 of the Section 8 Program Rules and Regulations. 3.02 ELIGIBLE APPLICANTS In order to be eligible for participation in the Section 8 Rent Assistance program, the applicant must be a family, must be income-eligible, and must be a citizen of the United States or a noncitizen who has eligible immigration status as determined in accordance with 24 CFR part 5. To be income-eligible, the applicant must be a family in any of the following categories: Formatted: Font: Bold 1. A very low income family. 2. A low income family that is “continuously assisted” under the 1937 Housing Act. 3. Not less than 75 percent of the families admitted to the tenant-based Voucher program during the calendar year must be “extremely low income” families. Formatted: Font: Bold 3.03 INELIGIBLE APPLICANTS 3.03.1 If, at the time of application, the HA has determined that there are grounds to deny an applicant assistance pursuant to 24 CFR§ 982.552(b), the applicant “G”may be denied listing on the waiting list(s). 14 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 3.03.2 If an applicant is denied listing on the wait list(s), he/she will be notified in writing of that decision, and will be given the opportunity to request an informal review of the decision. Formatted: Font: Bold 15 POLICY 4 WAIT LIST MANAGEMENT 4.01 APPLICATIONS FOR ASSISTANCE 4.01.1 Applications for assistance will be accepted and the wait list(s) will remain open until the wait for assistance is more than one year. At that time, the HA may elect to close the waiting list to additional applications. Announcements of the closing and opening of the waiting list will be made by press release and/or ads in the local media. 4.01.2 Applications for housing assistance will be accepted on an ongoing basis at the Formatted: Font: Bold Community Development Neighborhood Services offices. Applicants must appear in person to complete the application form. A TDD phone is available (755-3190). In the case of disability or other special circumstances, applications may be taken and returned by mail to the Rent Assistance OfficeNeighborhood Services Dept. All potential applicants will be notified of the applicant’s right to complete the process through the mail as a reasonable accommodation, in response to any potential applicant’s inquiry regarding the application process via phone, email, mail or in person. In addition, the application materials shall notify applicants of his/her right to request to complete the application process through the mail as a reasonable accommodation if doing so is necessary to provide equal access to the application process on account of the applicant’s disability.After the application process is completed, families will receive written notice that they have been placed on the wait list(s). 4.02 WAIT LIST(S) In order to implement the income targeting requirements of the Quality Housing and Work PrimarySecondary Responsibility Act of 1998, the use of a and a wait list will be utilized. Formatted: Font: Bold Primary 4.02.1 At the time of application, all applicants will be placed on the wait list. Primary 4.02.2 After an applicant has been selected from the wait list, if it is determined that the gross annual income of the applicant family is greater than 30% of the Rock County median Secondary income (adjusted for family size), the applicant will be placed on the wait list. Secondary 4.02.3 If, while on the wait list, the gross annual income of an applicant family decreases so that it falls below 30% of the Rock County median income (adjusted for family Secondary Primary size) the applicant will be moved from the wait list to the wait list. It shall be the responsibility of the applicant to notify the HA of changes in family income. 4.03 POSITION ON WAIT LIST(S) Primary 4.03.1 An applicants position on the wait list for admission to the Section 8 Rent Assistance program will be determined based upon a system of local preferences, a local residency preference and the date and time of application. 16 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Secondary 4.03.2 An applicants position on the wait list for admission to the Section 8 Rent Assistance program will be based upon a system of local preferences, a local residency preference, and the date and time of application. Formatted: Font: Bold 4.04 WAIT LIST(S) MAINTENANCE 4.04.1 If an applicant ins selected from the wait list(s) and it is determined that the applicant does not qualify for the local or residency preference selected, the applicant shall be placed back on the wait list at their original date and time of application without the preference. 4.04.2 Periodically letters willmay be mailed to all applicants on the wait list(s) to update the information on their applications and determine their interest in continuing to be listed ion the wait list(s). Applicants whose letters are returned by the Postmaster, or who fail to respond within the prescribed time frame, within 30 days from the date of the letter, will have their names removed from the wait list(s). Applicants whose names are removed from the wait list(s) in this manner must reapply for assistance. Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 17 POLICY 5 SELECTION OF APPLICANTS FROM WAIT LIST(S) PRIMARY 5.01 WAIT LIST 5.01.1 Applicants will be selected for admission to the Section 8 Rent Assistance program from Primary the wait list based upon a system of local preferences, a local residency preference and the date and time of application. 5.01.2 Applicants who qualify for one or more of the following local preferences will receive assistance before applicants who do not qualify for one or more of the following preferences: Formatted: Font: Bold ? Displaced by Governmental Action – To qualify for this preference, a family must have been ordered to vacate their living unit by a governmental body for reasons beyond their control, and such order must be expected to last a minimum of 30 days. ? Displaced by Rental Rehabilitation – To qualify for this preference, the unit in which the Formatted: Font: Bold family resides must have been approved for a Rental Rehabilitation Program loan from the City of Janesville and the family must be considered “displaced” according to the Uniform Relocation Act. ? Homeless TLP Participant – To qualify for this preference, a family must be homeless and have signed an agreement to participate in a transitional living program (TLP) with an Agency or Organization that has a transitional living program approved by the HA. 5.01.3 Applicants who live or work in the city of Janesville will receive assistance before those applicants who do not live or work in the city of Janesville. Formatted: Font: Bold 5.01.4 Selection from among applicants with equal local and residency preferences will be based upon date and time of application. 5.01.5 The following summarizes the order in which applicants will be selected from the primary wait list: ? Applicants who qualify for the Displaced by Governmental Action local preference and who live or work in the city of Janesville ? Applicants who qualify for the Displaced by Governmental Action local preference and who do not live or work in the city of Janesville ? Applicants who qualify for the Displaced by Rental Rehabilitation local preference and who live or work in the City of Janesville ? Applicant who qualify for the Displaced by Rental Rehabilitation local preference and who do not live or work in the City of Janesville ? Applicants who qualify for the Homeless TLP Participant local preference and who live or work in the city of Janesville ? Applicants who qualify for the Homeless TLP Participant local preference and who do not live or work in the city of Janesville ? Applicants who live or work in the city of Janesville ? Applicants who do not live or work in the city of Janesville 18 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold SECONDARY 5.02 WAIT LIST 5.02.1 Applicants will be selected for admission to the Section 8 Rent Assistance program Formatted: Font: Bold Secondary from the wait list based upon a system of local preferences, a local residency preference, and the date and time of application. 5.02.2 Applicants who qualify for one or more of the following local preferences will receive assistance before applicants who do not qualify for one or more of the following preferences: Formatted: Font: Bold ? Displaced by Governmental Action – To qualify for this preference, a family must have been ordered to vacate their living unit by a governmental body for reasons beyond their control, and such order must be expected to last a minimum of 30 days. ? Displaced by Rental Rehabilitation – To qualify for this preference, the unit in which the family resides must have been approved for a Rental Rehabilitation Program loan from the City of Janesville and the family must be considered “displaced” according to the Uniform Relocation Act. ? Homeless TLP Participant – To qualify for this preference, a family must be homeless and have signed an agreement to participate in a transitional living program (TLP) with an Agency or Organization that has a transitional living program approved by the HA. Formatted: Font: Bold 5.02.3 Applicants who live or work in the city of Janesville will receive assistance before those applicants who do not live or work in the city of Janesville. 5.02.4 Selection from among applicants with equal local and residency preferences will be based upon date and time of application. 5.02.5 The following summarizes the order in which applicants will be selected from the secondary wait list: ? Applicants who qualify for the Displaced by Governmental Action local preference and who live or work in the city of Janesville ? Applicants who qualify for the Displaced by Governmental Action local preference and who do not live or work in the city of Janesville ? Applicants who qualify for the Displaced by Rental Rehabilitation local preference and who live or work in the City of Janesville ? Applicants who qualify for the Displaced by Rental Rehabilitation local preference and who do not live or work in the City of Janesville ? Applicants who qualify for the Homeless TLP Participant local preference and who live or work in the city of Janesville ? Applicants who qualify for the Homeless TLP Participant local preference and who do not live or work in the city of Janesville ? Applicants who do not qualify for one of the local preferences who live or work in the city of Janesville ? Applicants who do not qualify for one of the local preferences who do not live or work in the city of Janesville POLICY 6 19 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold ADMISSION TO PROGRAM 6.01 ELIGIBILITY 6.01.1 This Authority will not deny to any family the opportunity to apply for admission, nor deny an eligible applicant the opportunity to receive assistance on the basis of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, lawful source of income, age or ancestry. Formatted: Font: Bold 6.01.2 In order to be eligible for admission to the program, a family's income at time of admission must not exceed 50% of the Rock County median income, as adjusted for family size. The schedule of median incomes, adjusted for family size, issued by the U.S. Department of Housing and Urban Development will be used to make such eligibility determinations. Formatted: Font: Bold 6.01.3 To comply with the Income Targeting requirements of the Quality Housing and Work Responsibility Act of 1998, at least 75% of all new admissions must have gross annual incomes below 30% of the Rock County Median income, as adjusted for family size. To implement this requirement, the following process shall be used: Primary A. All applicants will be selected from the wait list in accordance with the applicable preferences. B. If it is determined that a family is eligible to participate in the Section 8 Tenant-Based Rent Assistance program, but their gross annual income of the family exceeds 30% of the Rock County median income, as adjusted for family size, the family will be placed on the Secondary wait list. C. For every three (3) families admitted to the program (where a HAP contract is executed on Formatted: Font: Bold their behalf) with gross annual incomes below 30% of the Rock County median income, as Secondary adjusted for family size, one (1) family will be selected from the wait list. For example, if twelve (12) families with incomes below 30% of the Rock County median income, as adjusted for family size, are admitted to the program, four (4) families will be Secondary admitted to the program from the wait list. In this way sixteen (16) total families are admitted to the program, twelve (12) of which, or 75%, have gross annual incomes below 30% of the Rock County median income, as adjusted for family size. Secondary D. Applicants will be selected from the wait list in accordance with the applicable preferences. Formatted: Font: Bold 20 6.02 VERIFICATION PROCESS 6.02.1 Applicants selected from the wait list(s) will be notified via U.S. mail and given fourteen (14) calendar days to appear in person at the offices of the housing authority to sign the necessary consent forms and begin the verification process. Applicants failing to report within Formatted: Font: Bold fourteen (14) calendar days will have their names removed from the wait list(s) and must reapply for assistance (this includes applicants whose notification letter is returned by the post office). 6.02.2 Applicants must sign all consent forms and provide all information requested by the housing authority in a timely manner. Formatted: Font: Bold 6.02.3 The housing authority must verify any and all admission preferences claimed by the applicant. If the housing authority is unable to verify an admission preference, or determines that an applicant does not qualify for an admission preference, the applicant will be placed back on the wait list(s) at their original date and time of application without the claimed preference. 6.02.4 VERIFICATION HEIRARCHY The housing authority will require third-party verifications for all sources of income, assets, and expenses. A first request will be mailed to the verification source and they will be given fourteen (14) calendar days to respond. If no response is received within fourteen (14) calendar days, a second request will be mailed. If no response is received to the second request, staff may use other means to verify the information such as telephone verification, check stubs, or other means as determined by the housing authority, including mandatory use of the HUD Enterprise Income Verification System (EIV). Formatted: Font: Bold 6.02.5 For each family member who contends that he or she is a U.S. citizen or noncitizen with eligible immigration status, the family must submit to the PHA a written declaration, signed under penalty of perjury, by which the family member declares that he or she is a U.S. citizen or noncitizen with eligible immigration status. The family must also identify in writing to the PHA the family member or members who will elect not to contend that he/she has, or they have, eligible immigration status. Formatted: Font: Bold Eligible noncitizens must provide documentation that supports their citizenship status declaration. The documentation that eligible noncitizens must provide: ? A signed declaration of eligible immigration status. ? Documentation designated by USCIS as acceptable evidence of immigration status. This will be verified by the PHA through the USCIS Systematic Alien Verification for Entitlements (SAVE). ? If the SAVE system does not verify eligible immigration status, the PHA will request secondary verification within 10 days of receiving the results of the primary verification. This is accomplished by forwarding photocopies of te original USCIS documents required for the declared immigration status, attached to the USCIS document verification request form G-845. 6.03 INELIGIBLE APPLICANTS Formatted: Font: Bold 21 Formatted: Font: Bold 6.03.1 Person’s Evicted from Public, Indian, Section 23, or Section 8 Programs Persons evicted from Public Housing, Indian Housing, Section 23, or any Section 8 program because of drug-related criminal activity are ineligible for admission to Section 8 programs for a three-year period beginning on the date of such eviction. Formatted: Font: Bold The HA may waive this requirement if: ? The person demonstrates successful completion of a rehabilitation program approved by the Housing DirectorNeighborhood Services Director, or ? The circumstances leading to the eviction no longer exist. For example, the individual involved in drugs is no longer in the household because the person is incarcerated. The decision to waive this requirement shall be made by the Housing DirectorNeighborhood Services Director and shall be final. 6.03.2 Criminal History ReviewRIMINAL HISTORY REVIEW At the time their name comes to the top of the waiting list, all family members over the age of eighteen (18) will be required to sign authorization form(s) permitting the HA to access criminal history records from Federal, State, County, and Local authorities. Failure to sign the required consent form(s) will result in an immediate determination of ineligibility and no further processing of the application for assistance will occur. A. If, based upon the review of criminal records, the HA has reasonable cause to believe that Aany member of the family is illegally using a controlled substance, the family may be denied admission to the Section 8 program. Such determinations may be made based upon the following standard(s): ? If any member of the family has been arrested for drug-related criminal activity within the twelve (12) month period immediately preceding the date the family was notified that their name was at the top of the waiting list, or any time between that date and their admission to the Section 8 program. B. If, based upon the review of criminal records, the HA has reasonable cause to believe that any member of the family abuses alcohol in a way that may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents, the family may be denied admission to the Section 8 program. Such determinations may be based upon the following standards(s): ? If any member of the family has been arrested, within the twelve (12) month period preceding the date their name came to the top of the waiting list, for illegal activity on or near the premises in which they reside which had as a contributing factor the use or abuse 22 Formatted: Font: Bold Formatted: Font: Bold of alcohol. Periods of incarceration shall be omitted from the 12 month period, and the 12 month period shall be extended by the length of time spent incarcerated. ? Such illegal activity must reasonably interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. C. If, based upon the review of criminal records, the HA has reasonable cause to believe that any member of the family exhibits a pattern of illegal use of a controlled substance or a pattern of abuse of alcohol that may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents, the family may be denied admission to the Section 8 program. Such determinations may be based upon the following standard(s): ? If any member of the family has been arrested fivethree (53) or more times in the thirty- six (36) month period preceding the date their name came to the top of the waiting list for illegal activity on or near the premise in which they reside which had as contributing factor the use of a controlled substance or the use or abuse of alcohol. Periods of incarceration shall be omitted from the 36 month period, and the 36 month period shall be extended by the length of time spent incarcerated. ? Such illegal activity must reasonably interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. The preceding policies prohibiting admission to the Section 8 program for persons illegally using a controlled substance or abusing alcohol may be waived if the person is able to demonstrate to the satisfaction of the Housing DirectorNeighborhood Services Director that they are no longer engaging in the illegal use of a controlled substance or abuse of alcohol and: ? Has successfully completed a supervised drug or alcohol rehabilitation program; or ? Has otherwise been rehabilitated successfully; or ? Is participating in a supervised drug or alcohol rehabilitation program. D. If any member of the family has been arrested for Disorderly Conduct for physical contact violations within the twelve (12) month period preceding the date their name came to the top of the waiting list. Under VAWA, assistance will not be denied by the HA as a result of criminal activity, if that criminal activity is directly related to domestic violence, dating violence or stalking engaged in by a member of the applicant’s household, a guest or another person under the tenant’s control, and the applicant or immediate family member is the victim or threatened victim of this criminal activity. 6.03.3 Persons who Owe Rent or Other Amounts to the HA or Another HA in Connection with Section 8 or pPublic hHousing aAssistance under the 1937 Act. 23 Formatted: Font: Bold Persons who owe rent or other amounts to the HA or another HA in connection with Section 8 or public housing assistance under the 1937 Act are ineligible for admission to Section 8 programs until such amounts are repaid in full. The HA may waive this requirement if: ? The person has entered into a repayment agreement and payments are being made in accordance with the terms of that agreement, or ? The circumstances of the person have changed so that it is unlikely that the reason for the monies owed will occur in the future and the person enters into a repayment agreement for the amounts owed. The decision to waive this requirement shall be made by the Housing DirectorNeighborhood Services Director. If the applicant wishes to attempt an appeal, the appeal may be made to the Board of Commissioners or a suit may be filed in State Court. 6.04 DETERMINATION OF INELIGIBILITY Applicants, who are determined by the housing authority to be ineligible on the basis of income, family composition, or for any other reason, shall be notified promptly, in writing, of the determination and the reasons therefore. The determination letter shall state that the applicant has the right to request an informal review within fourteen (14) days. Requests for an Informal Review shall be submitted in writing to the Housing DirectorNeighborhood Services Director. The applicant shall be notified, in writing, of the review determination and his/her right to seek judicial review of the denial decision from the circuit court within thirty (30) days of the date of the decision. 6.05 ORIENTATION BRIEFING 6.05.1 After a family has been determined to be eligible to participate in the program, an orientation briefing will be scheduled for the family. At the briefing, the family will be provided the following information: ? Family and Owner responsibilities under the Housing Choice Voucher program, the lease, and the Housing Assistance Payments Contract; ? How to find a suitable unit; ? Applicable Housing Quality Standards and procedures for inspections of units; ? Significant aspects of the applicable State and local Laws; ? Significant aspects of federal, state, and local Fair Housing Laws. 6.05.2 The family shall also receive an Orientation Packet which includes information on the Rent Assistance Program and which will assist the family in finding a suitable unit. 24 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 6.05.3 Once the orientation briefing is complete, the family will be issued a Housing Choice Voucher and a Request for Tenancy Approval. Formatted: Font: Bold 25 POLICY 7 TERM OF HOUSING CHOICE VOUCHER 7.01 The initial term of the Housing Choice Voucher shall be sixty (60) days from the date of issuance. 7.02 When a completed request for lease approval has been submitted, the term of an unexpired Voucher shall be suspended until the unit for which the request was submitted has been approved or denied. That is, the "clock" on the term of a family's Voucher will be stopped after the family submits a request for approval of assisted tenancy. The "clock" will resume if that request is denied, and the family will need to locate another dwelling unit. Formatted: Font: Bold 7.03 If a Voucher expires or is about to expire, a family may submit the Voucher to the Housing DirectorNeighborhood Services Director or Section 8 Housing Specialist(s) with a request for an extension. The Housing DirectorNeighborhood Services Director or Section 8 Housing Specialist(s) shall review with the family the efforts it has made to find a suitable dwelling unit and the problems it has encountered and determine what advice or assistance might be helpful. If the Housing DirectorNeighborhood Services Director or Section 8 Housing Formatted: Font: Bold Specialist(s) believe that there is a reasonable possibility that the family may, with the additional advice or assistance, if any, find a suitable unit, an extension may be granted not to exceed 60 additional days. 7.04 The term of a voucher may be extended beyond a total of 120 days if, in the opinion of the Housing DirectorNeighborhood Services Director, it is necessary as a reasonable accommodation for a family with a handicapped or disabled family member, or a family that requires a dwelling unit with four (4) or more bedrooms. Formatted: Font: Bold 26 Formatted: Font: Bold POLICY 8 DWELLING UNIT APPROVAL 8.01 Request for Unit ApprovalREQUEST FOR UNIT APPROVAL 8.01.1 When a family has found a unit it wants and the owner is willing to lease, the family shall submit a completed request for lease approval form and request that the Section 8 staff make an inspection of the unit and discuss the terms of the lease with the landlord. Only one (1) request for lease approval may be submitted at a time. All requests will be processed as quickly as possible. Formatted: Font: Bold 8.01.2 When a completed request for lease approval has been submitted, the term of an unexpired certificate or voucher shall be suspended until the unit for which the request was Formatted: Font: Bold submitted has been approved or denied. That is, the "clock" on the term of a family's certificate or voucher will be stopped after the family submits a request for lease approval. The "clock" will resume if that request is denied. Formatted: Font: Bold 8.02 Housing Quality StandardsHOUSING QUALITY STANDARDS 8.02.1 Housing quality will be insured through an inspection by staff of all units prior to signing of the lease agreement. Staff will apply requirements of HUD Handbook 7420.7 Chapter 5 on Housing Quality Standards and any further standards approved by the CDA and HUD. 8.02.2 CDA staff will require that all units meet Housing Quality Standards before leasing a unit and annually thereafter (see Appendix C). In addition, other recommendations for upgrading property will be made to landlords. 8.02.3 If during the term of an assisted tenancy, an owner fails to maintain a unit in compliance with Housing Quality Standards, the HA shall take prompt and vigorous actions to insure that the unit is brought into compliance with Housing Quality Standards in a timely manner. If an owner fails to bring the unit into compliance with Housing Quality Standards as Formatted: Font: Bold required, the HA shall at its option: ? Terminate the Housing Assistance Payments (HAP) contract between the landlord and the PHA; or ? Abatement or reducetion of housing assistance payments under this, or any other HAP contract in effect between the landlord and the HA. 8.02.4 When a CDA rental rehabilitation loan is involved, a Section 8 Housing Choice Voucher will be issued to an eligible family prior to the completion of all of the rehabilitation work provided one of the following conditions is met: ? The unit meets Section 8 Housing Quality Standards and the remaining work is not Housing Quality Standards related; or Formatted: Font: Bold 27 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold ? No imminent health or safety hazard exists and the work required to meet Housing Quality Standards cannot be completed due to weather conditions and the work is contracted for. 8.03 Occupancy StandardsOCCUPANCY STANDARDS 8.03.1 The following standards will determine the minimum number of bedrooms required to accommodate a family of a given size. Number of Number of Persons Bedrooms Minimum Maximum Formatted: Font: Bold 0 1 2 1 1 2 2 2 4 3 4 6 4 6 8 5 8 10 Formatted: Font: Bold 8.03.2 Housing Choice Vouchers shall be issued for the minimum number of bedrooms that a family needs. In determining the minimum number of bedrooms, the following principles shall be followed: ? The dwelling unit shall contain at least one bedroom of appropriate size for each two persons. ? In determining the minimum number of bedrooms that a family needs, persons of opposite sex, other than husband and wife or very young children (aged five and under) shall not be required to occupy the same bedroom. If the head of the household chooses to have children of the opposite sex over age 5 occupy the same bedroom, they may do so provided the square footage of the bedroom is sufficient for the number of occupants, per BOCAInternational Property Maintenance Code occupancy standards. In addition, the head of the household must sign a statement indicating they understand they qualify for a larger unit, but choose to live in one with fewer bedrooms. The signing of this statement will not prevent the family from moving to a larger unit when the initial term of their lease is complete. The rent for the smaller unit must not exceed the FMRFair Market Rent for that unit size, regardless of the unit size the family qualifies for. In addition, BOCA occupancy standards will be followed. ? Vouchers shall be issued so as to not require the use of the living room for sleeping purposes. ? Every family member, regardless of age, is to be counted as a person. ? If at the time a family is admitted to the program, or at the end of a lease term a family member is pregnant, the unborn child(ren) will be counted as a family member in determining the number of bedrooms which a family qualifies to receive. 8.03.3 For certificates, no unit, which is otherwise acceptable, shall be disapproved on the ground that it is too large for the family, providing that the gross rent does not exceed the Fair Market Rent for the smaller size unit as stated in the Family's Certificate. 28 Formatted: Font: Bold 8.03.34 For vouchers, due to the nature of the program, aA participating family may choose to rent whatever size unit they desire as long as it is not too small according to the above criteria. 8.03..45 If the Section 8 staff determines that a dwelling unit is not decent, safe, and sanitary by reason of increase in family size, the family and the Section 8 staff shall try to find an acceptable unit as soon as possible. If an acceptable unit is found that is available for occupancy by the family, and the lease with the first owner can be terminated in accordance with its terms, the contract with the first owner shall be terminated and Housing Assistance Payments shall be made available to the family for occupancy in the acceptable unit. 8.04 Rent ReasonablenessRENT REASONABLENESS 8.04.1 A certification of rent reasonableness will be completed for each unit approved in accordance with the HUD policy regarding rent reasonableness. Formatted: Font: Bold 8.05 Security DepositSECURITY DEPOSIT Formatted: Font: Bold The proposed security deposit may not be in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 29 Formatted: Font: Bold POLICY 9 RELEASE OF TENANT INFORMATION 9.01 The following tenant information will be released by the HA to a prospective landlord at the landlord's request: A. The family's current address, as shown in the HA records. B. The name and address (if known to the HA) of the landlord at the family's current and prior address. Formatted: Font: Bold 30 POLICY 10 APPROVAL OF OWNERS 10.01 If the HA is aware of any of the following situations, the HA may deny the approval of an owner. a) The PHA must not approve an assisted tenancy if the PHA has been informed (by HUD or otherwise) that the owner is debarred, suspended, or subject to a limited denial of participation under 2 CFR part 2424. Formatted: Font: Bold (b) When directed by HUD, the PHA must not approve an assisted tenancy if: (1) The federal government has instituted an administrative or judicial action against the owner for violation of the Fair Housing Act or other federal equal opportunity requirements, and such action is pending; or (2) A court or administrative agency has determined that the owner violated the Fair Housing Act or other federal equal opportunity requirements. (c) In its administrative discretion, the PHA may deny approval of an assisted tenancy for any of the following reasons: (1) The owner has violated obligations under a HAP contract under Section 8 of the 1937 Act (42 U.S.C. 1437f); (2) The owner has committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program; (3) The owner has engaged in any drug-related criminal activity or any violent criminal activity; (4) The owner has a history or practice of non-compliance with the HQS for units leased under the tenant-based programs, or with applicable housing standards for units leased with project- based Section 8 assistance or leased under any other federal housing program; (5) The owner has a history or practice of failing to terminate tenancy of tenants of units assisted under Section 8 or any other federally assisted housing program for activity engaged in by the tenant, any member of the household, a guest or another person under the control of any member of the household that: (i) Threatens the right to peaceful enjoyment of the premises by other residents; (ii) Threatens the health or safety of other residents, of employees of the PHA, or of owner employees or other persons engaged in management of the housing; (iii) Threatens the health or safety of, or the right to peaceful enjoyment of their residences, by persons residing in the immediate vicinity of the premises; or (iv) Is drug-related criminal activity or violent criminal activity; or 31 (6) The owner has a history or practice of renting units that fail to meet State or local housing codes; or (7) The owner has not paid State or local real estate taxes, fines or assessments. (d) The PHA must not approve a unit if the owner is the parent, child, grandparent, grandchild, sister, or brother of any member of the family, unless the PHA determines that approving the unit would provide reasonable accommodation for a family member who is a person with disabilities. This restriction against PHA approval of a unit only applies at the time a family initially receives tenant-based assistance for occupancy of a particular unit, but does not apply to PHA approval of a new tenancy with continued tenant-based assistance in the same unit. 10.02 The decision to reject an owner rests in the discretion of the HA. Such decisions may be appealed to the Housing DirectorNeighborhood Services Director within fourteen (14) days of such determination. The decision of the Housing DirectorNeighborhood Services Director shall be final. Formatted: Font: Bold 32 POLICY 11 LEASE REQUIREMENTS 11.01 A current lease between the landlord and the tenant must be in place for all units assisted with Section 8 funds. The lease must, at a minimum, specify the term of the lease, the amount of rent to be paid to the landlord, and who is responsible for the payment of utilities. The first year of the lease term shall be for not less than one year, unless authorized by the HA. 11.02 In case of any conflict between a HUD Lease Addendum and any other provisions of the Lease between the owner and the family, the HUD Lease Addendum provisions shall prevail. All other provisions of the Lease shall be binding on the tenant, to the extent they are consistent Formatted: Font: Bold with state and local law. 11.03 Applicants for continued participation who are deemed ineligible by reasons of income shall be permitted to remain in the unit as an unassisted tenant for up to six (6) months. During this period, the tenant must follow all rules and regulations of the Section 8 Program regarding notifications of income or family size changes. The termination of eligibility at such point shall not affect the family's other rights under its lease, nor shall such termination preclude resumption of payments as a result of subsequent changes in income or rents or other relevant circumstances for up to six (6) months after the Housing Assistance Payment drops to $0. Formatted: Font: Bold Formatted: Font: Bold 33 POLICY 12 RE-EXAMINATIONS OF INCOME, EXPENSES, ASSETS, AND FAMILY COMPOSITION 12.01 All changes in income, expenses, assets, and family composition must be reported to the HA within ten (10) days of the change. If the income of a participant family increases, or expenses decrease, an adjustment in the Total Tenant Payment will be made at the next scheduled re-examination. Failure to report changes in income or expenses in a timely manner will be considered misrepresentation and may result in the termination of assistance and/or repayment to the HA for the difference between what the Housing Assistance Payment would have been with the additional income versus that which was actually paid. 12.02 Interim Re-examinationsINTERIM RE-EXAMINATIONS Formatted: Font: Bold Once the Total Tenant Payment (TTP) is established, such TTP shall remain in effect until the next scheduled re-examination or until circumstances occur that warrant an interim re- examination. Any time any of the following circumstances occur, TTP will be reviewed and adjusted. A. A request for a review by the family, if the change in monthly adjusted income is more than $40.00 per month. B. A change in family composition. C. Six (6) months after the Annual Re-examination if there has been any reported change in the income, expenses, or assets of the family. 12.03 Annual Re-examination of Income, Expenses, Assets, and Family cOMPOSItionANNUAL RE-EXAMINATION OF INCOME, EXPENSES, ASSETS AND FAMILY 12.03.1 Re-examination of family income, composition, and expenses incurred by the family shall be made annually by the Section 8 staff. Appropriate re-determinations shall be made by the staff of the amount of Total Tenant Payment and the amount of the Housing Assistance Payment, all in accordance with criteria established by HUD. Formatted: Font: Bold 12.03.2 A family's eligibility for Housing Assistance Payments continues until the amount payable by the family towards the Gross Rent equals the Gross Rent for the dwelling unit it Formatted: Font: Bold occupies at which time there will be no Housing Assistance Payment made to a landlord on their behalf. The family, though, will be kept on the program for one-year six (6) months. 12.03.3 At the time of the family's annual re-examination, an inspection of the rental unit will also be conducted. Required repairs will be noted on the inspection sheet and a time frame for completion will be discussed with the landlord and sent in writing with a copy of the to the client. Inspections will also be conducted if the tenant informs the Section 8 staff of deficiencies which are serious and which the landlord has not remedied. 34 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 12.03.4 Rents will be reviewed at the time the scheduled re-examination of income is made. Rents may only be adjusted on the anniversary date of the lease and need to be requested by the owner. The owner must notify the HA of any changes in the amount of the rent to owner at least sixty (60) days before any such changes go into effect. The proposed gross rent, including any proposed increase, must be reasonable when compared to comparable unassisted units. Formatted: Font: Bold 12.04 Effective DatesEFFECTIVE DATES 12.04.1 Increases in Total Tenant Payment resulting from an interim or annual re-examination are to be effective the first of the month following twenty-eight (28) day notice. 12.04.2 Decreases in Total tTenant Payment from a rent review are to be effective the first of the month following report and verification of the change. 12.05 Misrepresentation MISREPRESENTATION If a participant misrepresents their income, expenses, assets, or family composition at admission, or during an interim or annual re-examination, they will be required to repay any difference between the HAP that was actually made on their behalf, and the HAP that would have been made if the information had been reported accurately. Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 35 Formatted: Left POLICY Formatted: Left 36 POLICY 133 MINIMUM RENT 13.01 Minimum Rent – Minimum rent is $25.00 per month. Minimum rent refers to Total Tenant Payment and includes the combined amount a family pays towards rent and/or utilities when it is applied. 13.02 Hardship Requests for an Exception to the Minimum Rent. The Housing Authority recognizes that in some circumstances even the minimum rent may create a financial hardship for families. The Housing Authority will review all relevant circumstances brought to the Housing Authority’s attention regarding financial hardship as it applies to the minimum rent. Formatted: Font: Bold HUD has defined circumstances under which a hardship could be claimed in 24 CFR 5.630. Formatted: Left 13.03 Criteria for Hardship Exception. In order for a family to qualify for a hardship exception, the family’s circumstances must fall under one of the following HUD hardship criteria: The family has lost eligibility or is awaiting an eligibility determination for Federal, State or local assistance, including a family with a member who is a citizen lawfully admitted for permanent residence under the Immigration and Nationality Act, and who would be entitled to public benefits but for Title IV of the Personal Responsibility and Work Opportunity Act of 1996; Formatted: Font: Bold The family would be evicted as a result of the imposition of the minimum rent requirement; The income of the family has decreased because of changed circumstances, including loss of employment beyond the family’s control, death in the family, or other circumstances as determined by the Housing Authority or HUD. 13.04 Housing Authority Notification to Families of Right to Hardship Exception. The Housing Authority will notify all families subject to minimum rents of their right to request a minimum rent hardship exception. “Subject to minimum rent” means the minimum rent was the greatest figure when comparing 30% of monthly adjusted income, 10% of monthly income, or minimum rent. If the minimum rent is the greatest figure in the calculation of the Total Tenant Portion, Housing Authority staff will provide the family with a copy of the notice regarding hardship requests. Formatted: Font: Bold 13.05 The Housing Authority notification will advise families that the hardship exception determinations are subject to Neighborhood Services Director review and hearing procedures. The Director will review all family requests for exception from the minimum rent due to financial hardships. A decision on whether or not to grant the exception will be made within 14 days. Formatted: Left, Indent: Left: 0.5" 37 Formatted: Left Formatted: Left, Indent: Left: 0.5" Formatted: Left Formatted: Left, Indent: Left: 0.5" Formatted: Left Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 13.06 All requests for minimum rent hardship exceptions are required to be in writing. The request must include a statement of the family hardship that qualifies the family for the exception. Formatted: Font: Bold 13.07 Written documentation that adequately verifies the qualifying circumstances will be required to be provided by the participating family that is requesting the exception. Formatted: Font: Bold 13.08 Exceptions that are granted for the minimum rent will be granted for a three month period. If the participating family wishes to extend this period of exception past the three month period, it will be treated as a new request and the guidelines for an initial claim shall be followed. 13.09 Exceptions for minimum rent that are granted for one three month period must be repaid to the Housing Authority by the family. A repayment agreement shall be signed and followed as Formatted: Font: Bold specified in Policy 17. 13.10 Exceptions for minimum rent that are granted by the Housing Authority that exceed a Formatted: Font: Bold three month period may not be required to repay the amount(s) waived on their behalf. Formatted: Left Formatted: Font: Bold Formatted: Font: Bold Formatted: Left 38 Formatted: Left POLICY 14 MOVING WITH CONTINUED ASSISTANCE 134.01 During Lease Term 134.01.1 A participating family may be issued a Housing Choice Voucher for the purpose of finding another dwelling unit if the family has sufficient cause or valid reason(s) to move during the lease term as determined by the Housing DirectorNeighborhood Services Director or their case manager. Examples of sufficient cause and/or valid reason(s) to move may include, but are not limited to, the following: Formatted: Font: Bold A. The unit does not meet Housing Quality Standards and the landlord has failed to make the necessary repairs in a reasonable amount of time. B. The tenant or a member of the tenant's family has a health or medical problem and has obtained a doctor's statement to that effect. Formatted: Font: Bold (Exception is if CDA does not have the sufficient ACC funding authority for continued assistance to the family.) 134.01.2 Participating families may also request to move during the term of a lease if the landlord and the tenant agree to mutually terminate the lease. Such mutual termination agreements must be submitted in writing, and must be signed by both the landlord and the tenant. 134.01.3 Requests to move during the lease term must be submitted in writing at least one (1) week prior to the date the family intends to give written notice to the landlord. Such requests may not be approved if the participant family currently owes money to the HA and a repayment agreement is not in place, or if the participant family is delinquent in a current repayment agreement. The HA will make a determination to approve or disapprove the request within one (1) week. 134.02 END OF LEASE TERM 134.02.1 A participating family may be issued a Housing Choice Voucher for the purpose of finding another dwelling unit if their lease term is ending. 134.02.2 Requests to move must be submitted in writing to the HA at least one (1) week prior to the date the tenant gives written notice to the landlord of their intent to move. The HA will review the request and either approve or disapprove it within one (1) week. 134.02.3 3Following this initial move, if the family does end up liable for unpaid rent, damages, or vacancy loss for its former unit, repayment of the liability is required before any further requests to move will be approved. (For example, a tenant who moves from Landlord A to Landlord B and ends up owing money to Landlord A or to the CDA for payments to Landlord A, will not be allowed to move to Landlord C without repayment of the liability.) 39 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold (Exception is if the Community Development Authority (CDA) does not have sufficient ACC authority for continuing assistance to the family.) 134.03 If a participant owes money to the HA and has not signed a repayment agreement, or is delinquent in their payments under the terms of an existing repayment agreement, the HA must process a request to move, but may refuse to accept a request the new Request for Tenancy Approval of Assisted Tenancy. 134.04 A participant may only move once in any twelve (12) month period. Exceptions to this may be made in cases of domestic violence, or if an owner does not maintain the dwelling unit in compliance with Housing Quality Standards. Requests to waive this policy shall be made to the Formatted: Font: Bold Housing DirectorNeighborhood Services Director and his/her decision shall be final. 134.05 PortabilityPORTABILITY 134.05.1 After participating as a client in the Section 8 program for at least 12 months, a family may move anywhere within the United States. 134.05.2 When notified by a participating family, the Section 8 housing staff will assist in their move under the portability option. Contact will be made with the receiving PHA to ascertain if they will provide assistance to the family utilizing funding under its own program. Formatted: Font: Bold 134.05.3 If the receiving PHA cannot or will not provide the family with one of its own vouchers, the initial Section 8 program will retain funding of the Housing Choice Voucher and will reimburse the receiving Section 8 program on behalf of the family. The receiving Section 8 program will be reimbursed 80% (or up to the maximum allowable) of its administrative fee and can also receive the initial hard-to-house fee if allowable. 143.05.4 The program will absorb an incoming Section 8 tenant with a certificate or voucher with the approval of the Housing DirectorNeighborhood Services Director. If the program does not have sufficient ACC to provide the incoming Section 8 tenant with a Housing Choice Voucher, the program will administer assistance for the family on behalf of the initial PHA. 143.05.5 The receiving Section 8 Program is responsible for recertifying the family's income initially and at least annually for purposes of determining the housing assistance payments. The Formatted: Font: Bold receiving Section 8 Program must perform all of the functions normally associated with providing assistance to a family in a program and shall notify the initial Section 8 Program Formatted: Font: Bold promptly if the family ceases to be a current participant in the program. 134.05.6 All Family Self Sufficiency (FSS) Program participants will be eligible to participate in the portability option available under the Section 8 Existing Housing Certificate andChoice Voucher Rent Assistance Program rules. All participants must reside within the jurisdiction of Formatted: Font: Bold the Janesville Community Development Authority for at least 12 months after signing the 40 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Contract of Participation (COP) for the FSS Program. After the 12 month residency period, a participant family can choose to continue to participate in another jurisdiction if: A. The receiving PHA agrees to give a preference to the FSS family to participate in the receiving PHA's FSS program. B. The family must demonstrate to the Janesville Community Development Authority that they will be able to fulfill its responsibilities under the original (or modified) contract at the new place of residence within the allotted time. 41 POLICY 145 ABSENCE FROM UNIT 135.01 The family may be absent from the unit for brief periods of time. However, the family may not be absent from the unit for a period of more than 180 consecutive calendar days in any circumstance, or for any reason. Absent is defined to mean that no member of the family is residing in the unit. Absence is different than moving from the unit. If a family moves from the unit, housing assistance payments for that unit will terminate immediately. 135.02 Any absence from the unit exceeding thirty (30) calendar days must be reported to and approved by the HA. Failure to notify and receive approval from the HA for such absences may Formatted: Font: Bold result in termination of assistance. Requests for approval must be submitted to the HA in writing and will be evaluated on a case by case basis taking into account all relevant circumstances. Formatted: Font: Bold Requests based upon factors beyond the control of the family (hospitalization, imprisonment, employment, etc.) are more likely to be favorably reviewed than those of a voluntary nature. 135.03 Decisions concerning requests for an absence from the unit may be appealed to the Housing DirectorNeighborhood Services Director within fourteen (14) days. The decision of the Housing DirectorNeighborhood Services Director shall be final. If the decision results in termination of assistance, the family shall be given the opportunity for an informal hearing prior to the termination of the assistance. 135.04 Once assistance has been terminated due to an unapproved absence or an absence exceeding six (6) months, the family must reapply for assistance and wait for their name to come to the top of the waiting list. Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 42 Formatted: Font: Bold Formatted: Font: Bold POLICY 156 FAMILY BREAK-UP 156.01 If an assisted family breaks-up, the HA will determine who the assistance should continue with. The HA may consider factors such as: A. Whether the assistance should remain with family members remaining in the original assisted unit. B. The interest of minor children or of ill, elderly or disabled family members. C. Whether family members are forced to leave the unit as a result of actual or threatened physical violence against family members by a spouse or other member of the household. Formatted: Font: Bold 156.02 Determinations will be made on a case by case basis, based upon the circumstances of Formatted: Font: Bold individual cases. Determinations will be made by the case manager and may be appealed in writing within fourteen (14) days to the Housing DirectorNeighborhood Services Director. The Decision of the Housing DirectorNeighborhood Services Director shall be final. 156.03 When a court determines the disposition of property between members of the assisted family in a divorce or separation under a settlement or judicial decree, the HA is bound by the court's determination of which family members continue to receive assistance in the program. Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 43 Formatted: Font: Bold POLICY 167 FAILURE TO REPORT CHANGES IN INCOME, EXPENSES, ASSETS, FAMILY COMPOSITION OR OTHER MISREPRESENTATIONS 167.01 All changes in income, expenses, assets, and family composition must be reported to the HA within ten (10) days of the change. Failure to report changes in income or expenses in a timely manner will be considered misrepresentation and may result in the termination of assistance and/or a repayment to the HA for the difference between what the Housing Assistance Payment would have been with the additional income versus that which was actually paid. 167.02 The tenant will be notified in writing of any finding of misrepresentation revealed through the annual re-examination, interim re-examination, or other occurrences and any other corrective action required by the HA. Formatted: Font: Bold 167.03 The following steps shall be taken if misrepresentation is suspected: Formatted: Font: Bold A. Complete an initial assessment in order to verify whether or not misrepresentation has occurred. Verified evidence of misrepresentation of income, assets, and/or deductions must exist to proceed. B. If evidence of misrepresentation exists, repayment, in full amount of the overpayment, must be made to the HA whether the action was intentional or unintentional. The tenant shall not be required to repay overpayments caused by an error of the HA. C. If evidence indicates the misrepresentation was unintentional, or if intent is unclear, the tenant must begin making regular monthly payments to the HA beginning the first of the month following notification to the tenant of the overpayment. The monthly repayment amount due the program from a tenant for amounts due under $1,000 shall be determined by taking the full amount owed and dividing that amount equally over the following 12 months. Formatted: Font: Bold The minimum repayment amount per month will be $5.00. The monthly repayment amount due the program for amounts over $1,000 will be determined by the Program staff to be Formatted: Font: Bold reasonable and approved by the Housing DirectorNeighborhood Services Director. Payments are due by close of business the fifth day of each month. D. If evidence indicates the misrepresentation was intentional and the amount overpaid on behalf of the tenant exceeds $1,000, the case shall be referred to the Rock County District Attorney's Office with a copy of information and materials to the appropriate Regional Inspector General for Investigation for its information. Formatted: Font: Bold E. If evidence indicates the misrepresentation was intentional, the Housing DirectorNeighborhood Services Director or his/her designatee may terminate assistance for a period of time commensurate with the seriousness of the offense (example: for the number of Formatted: Font: Bold months the misrepresentation occurred). In addition, repayment must be made in full to the HA and shall be accomplished through a repayment schedule established by the Executive Formatted: Space Before: 12 pt Director or his/her designatee. 44 F. If payments are not made by the tenant as required by the HA, the tenant shall be terminated from the program after 30 days notice to the landlord involved. Notice to the landlord shall be given on the first day of the month. G. If a tenant chooses not to make repayment to the HA as required above, the tenant/family will forfeit its Certificate of Family Participation or Housing Voucher and will not be allowed to again participate in the program until the debt is repaid in full. H. Tenants will be notified of their right to request an informal hearing if their assistance is terminated under any of these provisions. 45 POLICY 178 TERMINATION OF ASSISTANCE TO ILLEGAL DRUG USERS, ALCOHOL ABUSERS, AND INDIVIDUALS WHO HAVE ENGAGED IN VIOLENT CRIMINAL BEHAVIOR 178.01 Illegal Drug UsersILLEGAL DRUG USERS 178.01.1 The HA may terminate assistance for a participant family if any family member has engaged in illegal drug activity, including illegally using a controlled substance. The decision to terminate assistance shall be made by the Housing DirectorNeighborhood Services Director based upon a preponderance of the evidence. 178.01.2 The following standards may be used in making this determination: A. If any member of the family has been arrested for illegal drug activity. The activity for which the participant was arrested must have occurred within one (1) year from the date the Formatted: Font: Bold participant is notified of the decision to terminate assistance. B. If any member of the family has been convicted of illegal drug activity. The activity for Formatted: Font: Bold which the participant was convicted must have occurred within one (1) year from the date the participant is notified of the decision to terminate assistance. Formatted: Font: Bold 178.01.3 Participants shall be notified in writing of the decision to terminate assistance, and shall be given an opportunity to request an informal hearing. Formatted: Font: Bold 178.01.4 Assistance may not be terminated if the family member can demonstrate that he or she: Formatted: Font: Bold Has an addiction to a controlled substance, has a record of such an impairment, or is regarded as having such an impairment; and Is recovering, or has recovered from such addiction and does not currently use or possess controlled substances. The HA may require a family member who has engaged in the illegal Formatted: Font: Bold use of drugs to submit evidence of participation in, or successful completion of, a treatment program as a condition of being allowed to reside in the unit. Formatted: Font: Bold 178.02 Alcohol AbusersALCOHOL ABUSERS The HA may terminate assistance for a participant family if any member of the family abuses alcohol in such a way that it interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents. 46 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 18.03 DISORDERLY CONDUCT, PHYSICAL CONTACT VIOLATIONS, AND/OR VIOLENT CRIMINAL BEHAVIOR 18.03.1 The HA may terminate assistance for a participant family if any member of the family is arrested for Disorderly Conduct in which the following circumstances apply: ? Physical contact violations. ? Weapons use or possession ? Criminal behavior that is violent in nature. In deciding whether to terminate assistance for a participant family, the HA shall consider all of the circumstances of each case including the seriousness of the case, the extent of participation or involvement of individual family members, and the effects of denial or termination of assistance on other family members who were not involved in the action. 178.04 DISCRETION TO CONSIDER CIRCUMSTANCES 178.04.1 In deciding whether to terminate assistance for a participant family, under Policy 18, the HA has discretion to consider all of the circumstances of each case including the seriousness of the case, the extent of participation or involvement of individual family members, and the effects of denial or termination of assistance on other family members who were not involved in the action. 178.04.2 The HA may impose, as a condition of continued assistance for other family members, a requirement that family members who participated in or were culpable for the action will not reside in the unit. Formatted: Font: Bold Formatted: Font: Bold 47 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold POLICY 189 TERMINATION OF LEASE 189.01 Termination of LeaseTERMINATION OF LEASE 189.01.1 The owner shall not terminate the tenancy of the Family except for: A. Serious or repeated violation of the terms and conditions of the lease; B. Violation of Federal, State or local law which imposes obligations on the Family in connection with the occupancy and use of the dwelling unit; or C. Other good cause (as defined in the Housing Assistance Payment Contract). 189.01.2 The owner may evict the family from the contract unit only by instituting court action. The owner must notify the HA in writing of the commencement of procedures for termination of tenancy, at the same time that the owner gives notice to the family under state or local law. The Formatted: Font: Bold notice to the HA may be given by furnishing to the HA a copy of the notice sent to the family. 189.01.3 Whether or not the HA has received notice of an eviction, another Housing Choice Formatted: Font: Bold Voucher will be issued to the family only if the family does not owe the CDA or any other PHA any money. Formatted: Font: Bold 189.02 Claims for DamagesCLAIMS FOR DAMAGES Formatted: Font: Bold 8,Owners may not claim reimbursement from the HA for unpaid rent payable by the tenant, damages to the unit, or for other amounts owed by the tenant. The owner, in accordance with Formatted: Font: Bold state law, may use the security deposit as reimbursement for these amounts. If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may seek to collect the balance from the tenant. Formatted: Font: Bold Formatted: Font: Bold 48 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold POLICY 1920 INFORMAL REVIEW FOR APPLICANTS 1920.01 An applicant who is denied assistance may request an informal review of the decision. 1920.02 All requests for an informal review must be submitted in writing to the Housing DirectorNeighborhood Services Director within fourteen (14) days of the date which the applicant was notified of the decision to deny assistance. 1920.03 The HA is not required to provide the applicant an opportunity for an informal review for any of the following: Formatted: Font: Bold A. Discretionary administrative determinations by the HA. Formatted: Font: Bold B. General policy issues or class grievances. C. A determination of the family unit size under the HA subsidy standards. D. An HA determination not to approve an extension or suspension of a certificate or voucher Formatted: Font: Bold term. E. An HA determination not to grant approval to lease a unit under the program or to approve a proposed lease. Formatted: Font: Bold F. An HA determination that a unit selected by the applicant is not in compliance with HQS. G. An HA determination that the unit is not in accordance with HQS because of the family size or composition. 1920.04 The Housing DirectorNeighborhood Services Director shall give the applicant the opportunity to present written or oral objections to the HA decision. Formatted: Font: Bold 1920.05 Within thirty (30) calendar days of the receipt of the appeal the applicant shall be notified in writing of the final decision including a brief statement of the reasons for the final Formatted: Font: Bold decision. 49 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold POLICY 201 INFORMAL HEARING FOR PARTICIPANT 201.01 The HA must give a participant family an opportunity for an informal hearing for the following determinations: A. A determination of the family's annual or adjusted income, and the use of such income to compute the housing assistance payment. B. A determination of the appropriate utility allowance (if any) for tenant-paid utilities from the HA utility allowance schedule. C. A determination of the family unit size under the HA subsidy standards. Formatted: Font: Bold D. A determination that a certificate program family is residing in a unit with a larger number of bedrooms than appropriate for the family unit size under the HA subsidy standards, or the Formatted: Font: Bold HA determination to deny the family's request for an exception from the standards. E. A determination to terminate assistance for a participant family because of the family's action or failure to act. F. A determination to terminate assistance because the participant family failed to notify or receive approval from the HA for an absence exceeding thirty (30) calendar days or has been absent from the assisted unit for longer than 180 calendar days. 201.02 The HA must give the opportunity for an informal hearing before the HA terminates housing assistance payments for the family under an outstanding HAP contract. 201.03 In the cases described in A, B, and C above, the HA must notify the family that the family may ask for an explanation of the basis of the HA determination and that if the family does not agree with the determination, the family may request an informal hearing on the decision. 201.04 In the cases described in D, E, and F above, the HA must give the family prompt written notice that the family may request a hearing. This notice must: A. Contain a brief statement of reasons for the decision, including the requirement which was allegedly violated. B. State that if the family does not agree with the decision, the family may request an informal hearing on the decision, and C. State the deadline for the family to request an informal hearing. All requests for an informal hearing must be submitted in writing to the Housing DirectorNeighborhood Services Director within fourteen (14) days of the date the family was notified of the decision of the HA. 50 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold POLICY 212 INFORMAL HEARING PROCEDURES 212.01 Once a request for an informal hearing is received by the HA, the hearing will be scheduled, when possible, in thirty (30) calendar days. 212.02 Once a hearing is scheduled, the family will be given the opportunity to examine their file and any HA documents that are directly relevant to the hearing. The family will be allowed to copy any documents at the family's expense. If a document is not made available to the family, the HA may not rely on the document at the hearing. An appointment will be set up for the family for review and the family shall be notified in writing of the appointed date and time Formatted: Font: Bold for review. Formatted: Font: Bold 212.03 The HA must be given the opportunity to examine at the HA offices any family documents that are directly relevant to the hearing. If the family does not make the document available, the family may not rely on the document at hearing. 212.04 At its own expense, the family may be represented by a lawyer or other representative. Formatted: Font: Bold 212.05 A hearing officer will be appointed by the HA. The hearing officer shall be a person who did not make or approve the decision under review, or a subordinate of this person. Formatted: Font: Bold 212.06 The HA will first be given the opportunity to present evidence and witnesses to support its decision. The family will be allowed to question witnesses. 212.07 The Ffamily will then be allowed to present evidence and witnesses. The HA will be allowed to question witnesses. 212.08 Both the HA and the family will be allowed an opportunity to summarize their arguments with the Housing Authority proceeding first. 212.09 The hearing officer will issue a written decision within fourteen (14) days of the completion of the hearing briefly stating the reason for the decision. Factual determinations relating to the individual circumstances of the family shall be based on a preponderance of the evidence presented at the hearing. A copy of the decision shall be furnished promptly to the family. The decision shall notify the family of its right to request judicial review of the hearing Formatted: Font: Bold decision from the circuit court within thirty (30) days of the date of the decision. Formatted: Font: Bold Formatted: Font: Bold 51 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 212.10 The HA is not required to provide a participant family an opportunity for an informal hearing for any of the following: A. Discretionary administrative determinations by the HA. B. General policy issues or class grievances. C. Establishment of the HA schedule of utility allowances for families in the program. Formatted: Font: Bold D. An HA determination not to approve an extension or suspension of a certificate or voucher term. Formatted: Font: Bold E. An HA determination not to approve a unit or lease. F. An HA determination that an assisted unit is not in compliance with HQS. (However, the HA must provide the opportunity for an informal hearing for a decision to terminate Formatted: Space Before: 12 pt assistance for breach of the HQS caused by the family.) G. An HA determination that the unit is not in accordance with HQS because of the family size. H. A determination by the HA to exercise or not to exercise any right or remedy against the owner under a HAP contract. 52 POLICY 223 CLAIMS FOR UNPAID RENT, DAMAGES, AND VACANCY LOSS 223.01 Claims ProcedureCLAIMS PROCEDURE 223.01.1 USE OF SECURITY DEPOSIT If a family vacates its unit, the owner, subject to state and local law, may use the security deposit as reimbursement for any unpaid family rent or other amounts owed under the lease. If no such amounts are owed, or if amounts owed are less than the amount of the security deposit, the owner must refund the full amount, or the unused balance to the family. Formatted: Font: Bold 223.01.2 For Units Leased After December, 1995 Formatted: Font: Bold If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may seek to collect the balance from the tenant. Formatted: Font: Bold 223.03 TENANT RESPONSIBILITY Formatted: Font: Bold A.Unpaid Rent and/or Damages If the Housing DirectorNeighborhood Services Director has determined that an unpaid rent, Formatted: Font: Bold damage, or vacancy loss claim is valid and the amount of the claim will be in excess of the amount of security deposit that the family paid, the HA will require repayment of the liability in full. Another Certificate of Participation will be issued to the family upon written agreement of repayment of the liability if the family's move was made in accordance with applicable policies. (Exception is if the CDA does not have sufficient ACC authority for continued assistance to the family.) In addition, no lease or Housing Assistance Payments Contract will be renewed until a tenant family has agreed in writing to clear any liability with the CDA from the previous year. B.Vacancy Loss (for certificates) Formatted: Font: Bold The HA will require written agreement of repayment of the liability in full before issuing another Formatted: Font: Bold Certificate of Participation unless the family was in compliance with applicable policies governing moving with continued participation. (Exception is if the CDA does not have sufficient ACC authority for continued assistance to the family.) If a family has not been participating in the Rent Assistance Program for a period of time and left the program owing money, the CDA will require repayment before the family is issued another certificate or voucher. 223.04 Families will be notified of their right to appeal any decision made under this section. Formatted: Font: Bold 53 Formatted: Font: Bold Formatted: No bullets or numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Font: Bold Formatted: Font: Bold POLICY 243 APPROVAL OF LIVE-IN AIDE 234.01 A live-in aide is defined as: A person who resides with one or more elderly person, or near-elderly person, or person with disabilities, and who: A. Is determined to be essential to the care and well being of the person; B. Is not obligated for the support of the person; and C. Would not be living in the unit except to provide the necessary supportive services. Formatted: Font: Bold 24.01.1 The HA will require signed certification from a physician that it is medically necessary Formatted: Font: Bold for a participant to have 24 hour in home care. 234.02 Relatives of the family shall not be automatically excluded as a live-in aide, but must meet the above requirements to qualify. 234.03 The HA may refuse to approve a person as a live-in aide, or may withdraw such approval, if the person: A. Commits fraud, bribery, or any other corrupt act in connection with any federal housing program; or B. Commits drug-related or violent criminal activity; or C. Currently owes rent or other amounts to the HA or to another HA in connection with Section 8 or other public housing assistance under the 1937 Act. 24.04 The individual who will be residing in the unit as a live-in-aide will be required to sign a Live-In-Aide Certification that will state they are aware of the requirements to not contribute financially to the household, and continuing compliance with the requirements in items 23.03 A, B and C. 234.05 4 Decisions to deny the approval of a person as a live-in aide may be appealed to the Housing DirectorNeighborhood Services Director. The decision to deny approval may be grieved in accordance with Policy 22. Formatted: Font: Bold Formatted: Font: Bold 54 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold POLICY 254 FAMILY SELF-SUFFICIENCY (FSS) PROGRAM 245.01 DEFINITION A voluntary program whose goal is to enable families participating in the Section 8 Rental Assistance Program to attain the skills, knowledge and motivation to secure the opportunities needed for them to become economically, socially and financially independent and self- sufficient. 245.02 OUTREACH Formatted: Font: Bold Staff will recruit participants for the Family Self-Sufficiency program from families who are Formatted: Font: Bold current participants in the Section 8 Rent Assistance Program. The program will also be explained during group and individual orientation sessions. 245.03 ESCROW PAYMENTS 245.03.1 All escrowed funds will be deposited into a single depository account. 254.03.2 A separate subsidiary ledger will be maintained for each family participating in the FSS program showing deposits and interest credits into the account. 254.03.3 When the participant signs their Contract of Participation, the Total Tenant Payment (TTP) is determined at that point, and this becomes the baseline TTP. 254.03.4 As the participant's earned income increases (which increases the TTP) any difference between the baseline TTP and the actual TTP is deposited into an escrow account on behalf of Formatted: Font: Bold the family on a monthly basis. 254.03.5 In order for deposits to be made into an escrow account on behalf of a participant, the Formatted: Font: Bold participant must report the change in income to the HA, and the HA must complete an interim re- examination of income to adjust the monthly TTP. If a participant fails to report a change in income, the participant’s escrow account will not be credited with any portion of back rent. 254.03.6 FSS accounts will be credited on a monthly basis, but transfers to the depository account will occur on an annual basis. 254.03.7 Amounts deposited in the escrow account will earn monthly interest at the same rate as the City of Janesville’s investments in the Local Government Investment Pool. Formatted: Font: Bold Formatted: Font: Bold 55 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 254.04 WITHDRAWAL FROM ESCROW ACCOUNT 254.04.1 Funds in the escrow account will be disbursed when: Formatted: Font: Bold A. The family completes the contract; or B. Whenever 30 % of the family monthly adjusted income equals or exceeds the FMR for the Formatted: Font: Bold size of the unit for which the family qualifies; and C. When no family member receives welfare assistance. Formatted: Font: Bold 254.04.2 Fund in the escrow account may be partially disbursed if Formatted: Font: Bold A. The family has fulfilled interim Contract goals; and B. Needs a portion of the FSS account funds for the purposes consistent with the Contract such as: ? School tuition or other school costs ? Job training expenses ? Business start-up expenses ? Car when public transportation ins unavailable or inaccessible to the family 254.04.3 The decision to disburse funds from an escrow account shall be made by the Housing DirectorNeighborhood Services Director. 25.05 Amounts in the escrow account shall be forfeited if Formatted: Font: Bold A. The Contract of Participation is terminated; or B. The Contract Oof Participation is completed but the family is receiving welfare assistance when the contract expires, including extensions. Formatted: Font: Bold 56 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold POLICY 266 RENT REASONABLENESS 266.01 Rents charged by owners for units leased to participants in the Section 8 Tenant-based Rent Assistance program shall not exceed the current rents for comparable unassisted units. 266.02 In making a certification of Rent Reasonableness the following factors should be taken into consideration in comparing the program unit and similar unassisted units: A. Location B. Size C. Type D. Quality Formatted: Font: Bold E. Age F. Amenities G. Housing Services Formatted: Font: Bold H. Management and Maintenance Services I. Utilities Provided by Owners 266.03 A certification of Rent Reasonableness shall be completed: A. At the time of initial leasing Formatted: Font: Bold B. Before any increase in the rent to owner C. At the HAP contract anniversary if there is a 5% decrease in the published FMR in effect 60 Formatted: Font: Bold days before the HAP contract anniversary 266.04 METHODOLOGY 266.04.1 The HA will maintain books which include comparable data on unassisted units in the market. Staff in making their rent reasonableness determinations will use this data. 266.04.2 These books will include data sheets for each unassisted unit to be used as a comparable. The data sheets will provide information on each of the items identified in 26.02 and will assign points to each of the unassisted units based upon the number of amenities provided. 266.04.3 On an annual basis the books will be updated. Gross rents will be adjusted using the most current utility allowance worksheet. The rent-to-owner unit rent amount will be adjusted by applying the percentage increase in the Fair Market Rent (FMR) from the previous year for that bedroom size. 266.04.4 A data sheet will also be completed for each assisted unit when a “rent reasonableness” determination is required. 266.04.5 In making a determination of rent comparability the HA will usually compare the gross rent for the assisted unit to the gross rents for three (3) comparable unassisted units. 57 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 266.04.6 Unassisted units will be considered “comparable” if the total points assigned to that unit are within five (5) points of the assisted unit (+/- 5 points). If sufficient data is not available to provide three (3) “comparable” unassisted units within five (5) points of the assisted unit, then the point range may be extended to ten (10) points (+/- 10 points). Formatted: Font: Bold 266.04.7 When a “rent reasonableness” determination is required, a Rent Reasonableness Certification shall be completed. The Rent Reasonableness Certification will list the Contract Formatted: Font: Bold Rent, Utility Allowance, and Gross Rent of the assisted unit and the “comparable” unassisted units. It will also include the unit numbers of the “comparable” unassisted units. 266.04.8 If the gross rent for the assisted unit is within the range of gross rents for “comparable” unassisted units, then the rent shall be determined to be reasonable. If the gross rent for the assisted unit is above range of gross rents for “comparable” unassisted units, then the proposed rent shall be determined to not be “reasonable” and the Request for Tenancy Approval or request for rent increase shall not be approved. 266.05 DENIAL OF PROPOSED RENT OR RENT INCREASE Formatted: Font: Bold 266.05.1 If the HA determines that the proposed rent or rent increase is not “reasonable” based upon rents charged for “comparable” unassisted units, the HA will contact the Owner and inform Formatted: Font: Bold him/her of the determination. 266.05.2 The Owner may choose to decrease the proposed contract rent or proposed rent increase Formatted: Font: Bold so that the gross rent is within the range of “comparable” unassisted units. In this case the proposed rent or rent increase may then be approved. 266.05.3 If the Owner does not agree with the determination that the rent is not reasonable, he/she may supply the HA with information on five (5) unassisted units that he/she feels are “comparable” and support the proposed rent or rent increase requested. If the assisted unit is in a multi-unit building (4 or more units), the Owner need only supply information on three (3) Formatted: Font: Bold “comparable” unassisted units located within that same building or identical buildings located in the same apartment complex. Such information must be provided within five (5) working days Formatted: Font: Bold of the date the Owner was notified of the rent determination. 266.05.4 The Housing Specialist will review the information on comparable unassisted units Formatted: Font: Bold provided by the owner. The Housing Specialist, in consultation with the Housing DirectorNeighborhood Services Director will make a final determination of “Rent Reasonableness”. The decision of the Housing DirectorNeighborhood Services Director shall be final. 266.05.5 If the Owner is unwilling to reduce the Contract Rent to a level that is determined to be “reasonable”, then the HA may not approve the proposed lease or rent increase and the tenant will be required to find other suitable housing if he/she wishes to continue to participate in the Section 8 Rent Assistance program. Formatted: Font: Bold 58 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold POLICY 27 VERIFICATION OF INFORMATION It is the responsibility of the Housing Authority staff to determine, in accordance with HA policy, each applicant’s: ? Eligibility ? Family Size ? Income Eligibility ? Total Tenant Payment Initially, and at each annual, the head of the household and all adult household members will be required to sign a release and consent form authorizing the release of necessary information to the Housing Authority. Verification of information will be obtained through: ? Third party verification forms sent directly to employers, public agencies, physicians, pharmacists, banks, child care providers, etc. Verification source will be given 10 days to return completed verification, at which Formatted: Bullets and Numbering time a second notice will be sent. ? Copies of check stubs, money orders, statements. If two requests are made for a third party verification, and no response is received, the applicant/participant will be sent a request to provide documentation. ? Enterprise Income Verification (EIV) ? Oral/telephone verifications, if written third party verifications are unattainable. ? If verification cannot be obtained through the methods listed above, the Housing Authority may accept an applicant/participant declaration by way of a notarized statement of the information needed. This is the least desirable verification and should only be used if information may not be obtained as listed above. 59 Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering POLICY 28 EQUAL OPPORTUNITY AND FAIR HOUSING POLICY This Housing Authority will not deny to any family the opportunity to apply for admission, nor deny an eligible applicant the opportunity to receive assistance on the basis of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, lawful source of income, age or ancestry. It is the policy of this Housing Authority 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. In addition, same sex couples shall be admitted as a family unit provided each individual is otherwise eligible for admission. To further its commitment to full compliance with applicable Civil Rights laws, the Housing Authority will provide information to Voucher holders regarding unlawful discrimination and any recourse available to families who believe they are victims of a discriminatory act. Such information will be made available during the family briefing session, and all applicable Fair Housing Information and Discrimination Complaint forms will be made a part of the Voucher holder’s briefing packet and available upon request at the front desk. Fair Housing posters are posted throughout the Housing Authority office at a height easily readable from a wheelchair. The Neighborhood Services office is accessible to persons with disabilities, and accessibility for the hearing impaired is provided by the TDD line. 28.01 SERVICES FOR NON-ENGLISH SPEAKING APPLICANTS AND PARTICIPANTS The Neighborhood Services office will have access to a translation service agency to provide this service to applicants and/or participants who speak languages other than English in order to assist non-English speaking families. 28.02 REASONABLE ACCOMMODATION In the event that a person with disabilities may need a reasonable accommodation in order to take full advantage of the housing programs and related services the following policy clarifies how people can request accommodations and the guidelines the Neighborhood Services office will follow in determining whether it is reasonable to provide a requested accommodation. When such accommodations are granted, they do not confer special treatment or advantage for the person with a disability; rather, they make the program fully accessible to them in a way that would otherwise not be possible 60 due to their disability. Because disabilities are not always apparent, the Neighborhood Services office will ensure that all applicants/participants are aware of the opportunity to request reasonable accommodations. Anyone requesting an application will also receive a Request for Reasonable Accommodation Form. Notifications of reexamination will include information about requesting a reasonable accommodation. Any notification requesting action by the participant will include information about requesting a reasonable accommodation. Termination notices shall include information about the right to request a Reasonable Accommodation. 61 POLICY 29 CERTIFICATION The HA will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act 0f 1973, and title II of the Americans with Disabilities Act of 1990, and will affirmatively further fair housing. 62 POLICY 30 VIOLENCE AGAINST WOMEN ACT 30.01 PURPOSE The purpose of this Policy is to implement the applicable provisions of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162) and more generally to set forth the HA’s policies and procedures regarding domestic violence, dating violence, and stalking, as hereinafter defined. Notwithstanding its title, this Policy is gender-neutral, and its protections are available to males who are victims of domestic violence, dating violence, or stalking as well as female victims of such violence. 30.02 GOALS AND OBJECTIVES This Policy has the following principal goals and objectives: A. Maintaining compliance with all applicable legal requirements imposed by VAWA; B. Ensuring the physical safety of victims of actual or threatened domestic violence, dating violence or stalking; C. Providing and maintaining housing opportunities for victims of domestic violence, dating violence or stalking; D. Taking appropriate action in response to an incident or incidents of domestic violence, dating violence, or stalking, affecting individuals assisted by the HA. 30.03 ADMISSIONS AND SCREENING Non-Denial of Assistance. The HA will not deny admission to any person in the HCV Program because that person is or has been a victim of domestic violence, dating violence, or stalking, provided that such person is otherwise qualified for such admission. 30.04 TERMINATION OF ASSISTANCE 30.04.1 VAWA Protections. Under VAWA, assistance will not be terminated by the HA as a result of criminal activity, if that criminal activity is directly related to domestic violence, dating violence or stalking engaged in by a member of the assisted household, a guest or another person under the tenant’s control, and the tenant or immediate family member is the victim or threatened victim of this criminal activity. However, the protection against termination of assistance described in this paragraph is subject to the following limitation: a. Nothing contained in this paragraph shall limit any otherwise available authority of the HA to terminate assistance for any violation of a lease or program requirement not premised on the act or acts of domestic violence, dating violence, or stalking in questions against the tenant or a member of the tenant’s household. 63 30.04.2 Removal of the Perpetrator. Further, notwithstanding anything in Federal, State or local law to the contrary, the HA may divide a lease, or remove a household member from a lease, without regard to whether a household member is a signatory to a lease, in order to remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in acts of physical violence against family members or others. Such action against the perpetrator of such physical violence may be taken without removing, terminating assistance to, or otherwise penalizing the victim of such violence who is also the tenant or lawful occupant. 30.05 VERIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE OR STALKING 30.05.1 Requirement for Verification. The law allows, but does not require, the HA to verify that an incident or incidents of actual or threatened domestic violence, dating violence, or stalking claimed by a tenant or other lawful occupant is bona fide and meets the requirements of the applicable definitions set forth in this policy. Subject only to waiver as provided in 30.05.3 below, the HA shall require verification in all cases where an individual claims protection against an action involving such individual proposed to be taken by the HA. Verification of a claimed incident or incidents of actual or threatened domestic violence, dating violence or stalking may be accomplished in one of the following three ways: 1. HUD-approved form. By providing to the HA a written certification, on a form approved by the U.S. Department of Housing and Urban Development (HUD), that the individual is a victim of domestic violence, dating violence or stalking that the incident or incidents in questions are bona fide incidents of actual or threatened abuse, meeting the requirements of the applicable definition(s) set forth in this policy. The incident or incidents in question must be described in reasonable detail as required in the HUD-approved form, and the completed certification must include the name of the perpetrator. 2. Other documentation – by providing to the HA documentation signed by an employee, agent or volunteer of a victim service provider, an attorney, or a medical professional, from whom the victim has sought assistance in addressing the domestic violence, dating violence or stalking, or the effects of the abuse, described in such documentation. The professional providing the documentation must sign and attest under penalty of perjury (28 U.S.C. 1746) to the professional’s belief that the incident in question bona fide incidents of abuse meeting the requirements of the applicable definition(s) set forth in this policy. The victim of the incident or incidents of domestic violence, dating violence or stalking described in the documentation must also sign and attest to the documentation under penalty of perjury. 3. Police or court record – by providing to the HA a Federal, State, tribal, territorial, or local police or court record describing the incident or incidents in question. 64 30.05.2 Time allowed to provide verification/failure to provide. An individual who claims protection against adverse action based on an incident or incidents of actual or threatened domestic violence, dating violence or stalking, and who is requested by the HA to provide verification, must provide such verification within 14 business days ( excluding Saturdays, Sundays, and federally-recognized holidays) after receipt of the request for verification. Failure to provide verification, in proper form within such time will result in loss of protection under VAWA and this policy against a proposed adverse action. 30.05.3 Waiver of verification requirement. The Neighborhood Services Director may, with respect to any specific case, waive the above-stated requirements for verification and provide the benefits of this policy based on the victim’s statement or other corroborating evidence. Such waiver must be in writing. Waiver in a particular instance or instances shall not operate as precedent for, or create any right to, waiver in any other case or cases, regardless of similarity in circumstances. 65