RESIDENT SELECTION CRITERIA
RENTAL APPLICATION |ALL CO-APPLICANTS 18 YEARS OR OLDER MUST FILL OUT A SEPARATE RENTAL APPLICATION FORM. | |
/ | |
| | | | |
| | |Signature of Agent |Date and Time Rec’d. |
|CURRENT ADDRESS |
|Applicant’s First Middle Initial Last | |
|Name |Phone ( ) |
|Street |Alternate Phone ( ) |
|City |State |Zip Code |
|List Maiden Name and all other Last Names you have used |
|Do you Own? |Rent? |Rent Amount $ |Driver’s License # |
|CURRENT LANDLORD OR MORTGAGE HOLDER |
|Current Landlord |Phone ( ) |Dates of Occupancy |
|or Mortgage Holder | |from to |
|Street |City |State |Zip |
|LIST 2 PRIOR ADDRESSES & LANDLORDS. (IF AT CURRENT ADDRESS LESS THAN 5 YEARS) |
|Your Prior Address |Rent Amount |
| |$ |
|Name of Landlord |Phone ( ) |Dates of Occupancy |
| | |from to |
|Street |City |State |Zip |
|Your Prior Address |Rent Amount |
| |$ |
|Name of Landlord |Phone ( ) |Date of Occupancy |
| | |from to |
|Street |City |State |Zip |
|INCOME INFORMATION |
|Applicant’s Employer |Phone ( ) |
|Street |City |State |Zip |
|Estimated |List Income Sources |
|Annual Income |Other than Employment |
|LIST ALL PERSONS WHO WILL OCCUPY THE UNIT, INCLUDING YOURSELF |
|Name |Date of Birth |Soc. Sec # |Disabled |Relationship |
| | | | Yes No |HEAD |
| | | | Yes No | |
| | | | Yes No | |
| | | | Yes No | |
| | | | Yes No | |
| | | | Yes No | |
|CREDIT REFERENCES |
|Name |Name |
|Address |Address |
|Phone ( ) |Phone ( ) |
|PERSONAL REFERENCES |
|Name |Name |
|Address |Address |
|Phone ( ) |Phone ( ) |
|ADDITIONAL INFORMATION |
|Have you ever been convicted of a felony? | Yes No |
|Have you been convicted of any drug-related crime? | Yes No |
|Have you been convicted of any crime involving fraud or dishonesty? | Yes No |
|Have you been convicted of any crime involving violence or weapons? | Yes No |
|Are you currently charged with any of the above criminal activities? | Yes No |
|Are you currently subject to a lifetime registration requirement under a state sex offender registration program? | |
| |Yes No |
|List all states in which you have lived or have held licenses to drive. Include driver’s license numbers. |
| |
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|Are you currently using illegal drugs or any other controlled substance that has not been prescribed for you? | |
| |Yes No |
|Have you ever been or are you currently being evicted from your residence? | Yes No |
|Have you been evicted from a federally assisted site for drug-related criminal activity within the past three years? | |
| |Yes No |
|Are you a United States citizen, national or have eligible immigration status? | Yes No |
|Are you a Student? | Yes No |
|Are you currently or have you ever lived in another First Housing Corporation managed development? If “yes,” which one? | |
| |Yes No |
|Are you displaced due to governmental action or by a presidential declared disaster? | Yes No |
|Are you currently residing in a property where you received a subsidy or housing voucher to assist you in paying your rent? If | |
|yes, please list: |Yes No |
|What size unit are you requesting? Check One: 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom |
THE UNDERSIGNED FURTHER REPRESENTS AND WARRANTS THAT ALL STATEMENTS MADE ARE TRUE AND AGREES THAT IF ANY INFORMATION IS FOUND TO BE FALSE OR MISLEADING, THE APPLICATION CAN BE DENIED AND/OR LEASE TERMINATED AT A LATER DATE. THE UNDERSIGNED ALSO AGREES THAT WE HAVE THE RIGHT TO VERIFY ANY AND ALL INFORMATION GIVEN ABOVE WITH THE APPROPRIATE PERSON/AGENCY, INCLUDING A COMPLETE CREDIT AND CRIMINAL REPORT
WE DO NOT ACCEPT CASH. ALL PAYMENTS MUST BE MADE BY CHECK OR MONEY ORDER.
|Signature of |Date of |
|Applicant |Application |
First Housing Corporation Managed Property
|Office Use Only |
|Applicant (s) Qualifies For: |
|Regular Waiting List | |
|Preference List | |
|Unit Size Required | |
|Barrier-Free Unit | |
|Special Needs Unit | |
|Application Approved Yes No |
|Rejection Letter Sent | |
|[pic] |Equal Housing Opportunity |[pic] |
| |Equal Opportunity Employer | |
|Serenity Place |
|216 S. Clinton Street |
|Grand Ledge, MI 48837-2071 |
|517-627-8460 |
|TTY: 800-649-3777 |
OPTIONAL INFORMATION FOR ALL APPLICANTS
Reasonable Accommodations or Special Needs
First Housing Corporation manages this property and has a legal obligation to provide “reasonable accommodations” to applicants if they or any family member have a disability or handicap.
A reasonable accommodation is some modification or change that can be made to the policies, procedures, or services that will assist an otherwise eligible applicant with a disability to have equal access to participate in the program or necessary to afford applicant full enjoyment of the premises. Reasonable modifications are those that would not place an undue financial burden to the apartment complex. Modification requests will be evaluated individually on a case-by-case basis. Reasonable accommodations may include, but are not limited to, adjustments or modifications to buildings, facilities, dwellings, and may also include provision of auxiliary aids, such as readers, interpreters, and materials in accessible formats.
If you believe your housing needs can best be met through a reasonable accommodation, please check below all that applies to your household. A physician or health care provider must document verification of the disability.
Ground Floor Unit* Unit for Vision Impaired*
A Barrier-Free Apartment* Unit for Hearing Impaired*
One-Level Unit* Bedroom & Bath on First Floor*
Other Modification to Unit* Live-In Aide*
Assistive Animal** Modification to Policy, Procedures or Services*
Need assistance or help in understanding and completing this application
An applicant family that has a member with a disability must still be able to meet the essential obligations of tenancy—they must be able to pay rent, to care for their apartment, to report information to the Manager, avoid disturbing their neighbors, etc.; but there is no requirement that they be able to do these things without assistance.
|Signature of |Date of |
|Applicant |Application |
* Applicant must sign the release of information on the Section 504 Accommodation Verification Form (Form #504-A) prior to submitting to the physician or health care provider.
** Applicant must sign the release of information on the Assistive Animal Verification Form (Form #504-B) prior to submitting to the physician or health care provider.
RESIDENT SELECTION CRITERIA
FIRST HOUSING CORPORATION
Serenity Place
Section 8 Properties
OBJECTIVE
To ensure that all applicants regardless of race, color, religion, sex, marital status, national origin, age, physical or mental handicap and familial status will be treated equally in the application and rental process required for occupancy.
• Family includes but is not limited to the following, regardless of sexual orientation, gender identity or marital status:
1. Sexual Orientation – Homosexuality, Heterosexuality and Bisexuality
2. Gender Identity – actual or perceived gender characteristics.
• Section 504 of the Rehabilitation Act of 1973 prohibits discrimination of the basis of disability in any program or activity receiving federal financial assistance from HUD.
• The Fair Housing Act prohibits discrimination in housing and housing related transactions based on race, color, religion, sex, national origin, disability and familial status.
• Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving federal financial assistance from HUD.
APPLICATION/OCCUPANCY REQUIREMENTS
All applicants will have a criminal background and sex offender registry search completed for each state that the applicant has had residency. In addition, a credit and landlord reference check will be completed prior to the determination of qualifying for residency.
1. All applicants must be 62 years of age or older, handicapped or disabled in elderly developments.
2 All applicants must have an eligibility income less than or equal to the program’s established income limits and agree to pay the rent required by the program under which the applicant will receive assistance. Income Limits are published annually and are posted in this office and are also available from the local HUD office or on line at . HUD establishes Income Limits (for low, very low, extremely low incomes) for each county in the country based on the median income of that area. Income limits are based on family size and the annual income the family receives. Acceptable applicable income limit categories for this property are: low, very low and extremely low.
3. The Head of Household and all household members 18 years and older must submit to a criminal check. Any of the following convictions will result in denial of the application:
a. Assault with intent to murder, assault with intent to rob while armed, kidnapping, assault with intent to do great bodily harm, felonious assault, aggravated assault, domestic violence;
b. Breaking and entering and/or attempted breaking and entering;
c. Criminal sexual contact in the first, second, third or fourth degrees, sodomy, gross indecency or assault with intent to commit criminal sexual contact. Housing a known criminal sex offender will also be grounds for termination
d. Manufacturing, delivery, or possession with intent to deliver any controlled substance, manufacturing of controlled substances, possession of any controlled substances or any attempted offense associated with those within the twenty years prior to the date of application;
e. Larceny from a person, armed robbery, larceny from a motor vehicle;
f. Arson or intent to maliciously burn real property;
g. Any firearm offense;
h. Convictions not listed will be evaluated on an individual basis;
i. A record of any felony, including felonies pled down to a misdemeanor for violence will result in automatic denial within 20 years of conviction or parole: whichever is greater.
j. Other criminal activity that threatens the health, safety and right to peaceful enjoyment of the property by other residents or the health and safety of the owner, employees, contractors, subcontractors, or agents of the owner;
k. Eviction from a federally assisted site for drug-related criminal activity within the past three years;
l. Currently subject to a lifetime registration requirement under a state sex offender registration program;
m. Currently charged with a crime involving sex, violence, weapons, drugs, fraud or dishonesty;
n. Any household member is currently engaging in illegal drug use;
o. Management determines that there is reasonable cause to believe that a household member’s illegal use or a pattern of illegal use of a drug may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents, (examples of evidence of illegal activities may include a conviction record, former landlord references, etc.);
p. Management determines that there is reasonable cause to believe that a household member’s abuse or pattern of abuse of alcohol interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.
q. Records of non-violent misdemeanors will not be considered in the evaluation, with the following exceptions:
A. Records of three alcohol related crimes in the last five years will result in automatic denial.
B. Records of three or more for the same non-violent misdemeanor in the last five years will result in automatic denial.
C. Record of a misdemeanor involving violence of any kind will result in automatic denial within 10 years of conviction or parole: whichever is greater.
4. Screening of State Lifetime Sex Offender Registration: First Housing Corporation has established standards and processes in order to comply with HUD’s regulatory requirements that prevent lifetime sex offenders from receiving federal housing assistance as follows:
a. Households will be asked at admission and at each Annual, Interim, and Initial Certification whether any member is subject to a lifetime registration requirement under a state sex offender registration program
b. All members 18 years of age and older will be processed through the Dru Sjodin National Sex Offender Website to confirm that applicants and federal housing assistance recipient are not lifetime registered sex offenders.
c. Failure to respond to these questions or submission of false information regarding these questions will result in denial of the application and/or termination of tenancy.
d. This property will aggressively pursue termination of tenancy or assistance, as appropriate, for residents subject to a state lifetime sex offender registration requirement to the extent currently allowed by law.
5. The applicant must agree to a credit check and have acceptable credit history as follows:
a. Credit reports will be evaluated based on past credit history using value ratings from 1 (best) to 9 (worst).
b. Any credit report with 3 or more ratings of a 9 over $350.00 or any one account over $750.00 will result in automatic denial. Ten or more ratings of a 9 will result in automatic denial. Delinquent accounts more than five years old will be disregarded in the assessment but only if the more recent credit history is favorable. Medical and student loans will not be considered in the credit evaluation.
c. Exceptions may be granted under special circumstances such as a major illness of a family member or cases involving divorce. Foreclosures will be considered on an individual basis.
6. The applicant must pass written landlord references for the past five years (if applicable) and the rental history must be acceptable.
7. The applicant must have receipts for utilities placed in their name on or before the move-in date.
8. The applicant must be able to furnish the following documents:
a. A government issued Birth Certificate for ALL HOUSEHOLD MEMBERS regardless of age. If the birth certificate fails to identify the Head of Household or the Co-Head of Household as a birth parent, applicant must provide custody/guardianship papers for that child. If applicant claims joint physical custody, joint physical custody papers must be provided. In the event that applicant is unable to provide a Birth Certificate, there are a few alternative methods to provide “proof of age” but only after all efforts to provide a true Birth Certificate have been exhausted. Please contact this office for the list of alternative or acceptable documents. If the applicant cannot supply the original Birth Certificate and supplies one of the alternative documents, the applicant must also certify that the document provided is complete and accurate by completing a First Housing form entitled Acceptable Form of Verification in Lieu of Original Social Security Card and/or Birth Certificate.
9. Applicant’s household composition must meet the occupancy standards for the unit types available. Standard policy is a maximum of two heartbeats per bedroom and a minimum of one heartbeat per bedroom. Families will be placed on the waiting list for all unit sizes for which they qualify.
10. The unit will be the applicants’ sole (only) residence. Only household members listed on the application will reside in the unit. The unit is to be used primarily for residential purposes but an applicant may conduct certain incidental businesses from the unit, such as computer work, limited babysitting services, etc. Any such business must have prior written approval from this Management Office and certain licenses and insurance coverage may be required before operations may begin. All income from any home-based business will be declared as income for rent calculation. The following Community Rules apply to any such business:
a. There can be no excessive amount of traffic (both foot and motor vehicle) associated with such incidental business,
b. There can be no excessive noise associated with such incidental business,
c. There will be no signs in unit windows or any place else on community grounds advertising the business,
d. Clients will not be allowed to park within the community grounds while conducting business with a resident,
e. Hours during which the business work is performed must not disturb the rights or comfort of the other residents.
11. All household members added to the household after move-in must have management approval. All persons added to the applicants lease agreement (18 years of age and older) must meet the above requirements.
12. Live-In Aides (including relatives if they meet the requirements as a live-in aide) will be screened for drug abuse, criminal activity and landlord references, as required for screening of all other applicants. A live-in aide is a person who resides with one or more elderly, near-elderly or resident with disabilities and who is determined to be essential to the care and well-being of the resident. A live-in aide is not obligated for the support of the resident and would not be living in the unit except to provide the necessary support services. To qualify for a live-in aide:
a. There must be verification that the aide is needed to provide support services essential to the resident and must be obtained from the resident’s physician, psychiatrist or other medical practitioner.
b. Management must approve a live-in aide, if needed, as a reasonable accommodation via a 504 Accommodation Request Forms which is to be completed by the resident giving permission to obtain verification that the live-in aide is necessary only to the extent to document that the resident requesting a live-in aide has a disability-related need for this accommodation.
c. Expenses for services provided by the live-in aide such as nursing services (dispensing of medication or providing other medical needs) and personal care (such as bathing or dressing), that are out-of-pocket expenses for the resident and where the resident is not reimbursed for the expenses from other sources, are considered as eligible medical expenses. Homemaker services such as housekeeping and meal preparation are not eligible medical expenses.
d. Live-in aide will qualify for occupancy only as long as the resident requires the aide’s services and remains a resident. The aide may not qualify for continued occupancy as a remaining family member. Live-in aides are required to sign a Live-In Aide Lease Addendum that denies occupancy of the unit to the live-in aide after the resident, for whatever reason, is no longer living in the unit. The lease addendum also gives the owner the right to evict a live-in aide who violates any of the Community Rules and Regulations.
13. All adults 18 years of age and older must sign an Authorization of Release of Information (HUD form 9887/9887A) form prior to receiving assistance and annually thereafter. All existing household members must notify this Management Office on or immediately after their 18th birthday in order to comply with the Enterprise Income Verification requirements. A meeting must be scheduled within 30 days of that birthday during which the new adult household member will be required to sign HUD form 9887/9887A, sign the lease, participate in a HUD compliance review to understand their responsibilities as a recipient of HUD housing assistance, and disclose current employment or earned income.
14. Effective 9/30/2009, First Housing Corporation elects to use past actual income received or earned within the last 12 months when the household reports little or no income ($350 or less monthly) and the management staff is unable to determine annual income due to fluctuation in income such as seasonal income or frequent job changes. Applicants claiming this lack of income will be processed through the Enterprise Income Verification System to identify past income and verify past employment. EIV will then be used to compute income and calculate rent only if the resident agrees with the information provided by EIV. If complete information is unavailable or the resident/applicant claims that the information is inaccurate, the resident/applicant will be asked to sign appropriate verification release forms and to produce previous years tax returns and 12 months of checking account statements. All applicable forms must be provided prior to move in/certification and unit rent will be calculated based on these computations. ADDITIONALLY, all household members 18 and over claiming little or no income must complete an Initial Tracking Sheet for Non-Dependent Household Members Claiming Little or No Income Form and must then complete an Interim Tracking Sheet for Non-Dependent Household Members Claiming Little or No Income Form every 90 days during the term of occupancy. Failure to disclose income or complete the required paperwork will be grounds to initiate termination of subsidy and/or lease.
15. Employment and other income (including income from assets) for a foster adult will be included in the monthly rent calculation.
16. The Earned Income of a foster child under 18 will not be included in rent computation. Note: The earned income of a full-time student 18 years old or older who is a dependent is excluded to the extent that it exceeds $480.
17. Federal Government/Uniformed Services Pension funds which are paid directly to a former spouse pursuant to the terms of a court decree of divorce, annulment or legal separation are not counted as annual income for the applicant/resident. The decree and copies of statements must be provided in order to verify the net amount of the pension that should be applied in order to determine eligibility and to calculate rent.
18. First Housing Corporation will be as lenient as responsibly possible to support households in situations where residents are called to active duty in the Armed Forces. Specific actions to support military households include, but are not limited to:
a. Allow a guardian to move into the assisted unit on a temporary basis to provide care for any dependents the military person leaves in the unit. Income of the guardian temporarily living in the unit for this purpose is not counted as income.
b. Allow a resident to provide care for any dependents of persons called to active duty in the Armed Forces on a temporary basis, as long as the head and/or co-head of household continues to serve in active duty. Income of the child is not counted as income of the person providing the care.
c. Exclude from annual income special pay received by a household member serving in the Armed Services who is exposed to hostile fire.
d. Give consideration for any case involving delayed payment of tenant rent. Determine whether it is appropriate to accept a late payment.
e. Allow the assistance payment and the lease to remain in effect for a reasonable period of time (depending on the length of deployment) even though the adult members of the military family are temporarily absent from the unit.
19. All changes in a resident’s household income, employment or composition MUST be reported (in writing) to the manager within 30 days of the change.
an Applicant will be excluded as a household member
when that applicant’s past or current actions violate
the Resident Selection Criteria.
STUDENT APPLICANTS
Any full-time or part-time student enrolled at an institution of higher learning must meet eligibility requirements in one of the following categories:
1. Student is a dependent of an otherwise qualified household.
2. Student meets one of the following criteria to be classified as “independent.” Independent students must also meet Section 8 income requirements. The student:
1. Is 24 years of age or older,
2. Is a Veteran of the U.S. Armed Forces,
3. Has a dependent child, or
4. Is Married.
5. Is Disabled and was receiving Section 8 assistance as of November 30, 2005.
3. To be eligible for Section 8 assistance, an applicant who is a student, is under 24 years of age, is not a veteran, is unmarried and does not have a dependent child, both the applicant and the applicant’s parents must meet the applicable income limits except as discussed in HUD’s Guidance on the Student Eligibility Rule.
If accepted for residency, the student must re-qualify as an eligible student each year at recertification or will become ineligible for Section 8 Assistance. If a student is determined to be “ineligible” per the above criteria, he/she and all members of the Household will be ineligible for Section 8 Assistance and will be required to pay Market Rent. For additional clarification concerning meeting student eligibility requirements, applicant may request a copy of the full Student Eligibility Policy.
SOCIAL SECURITY NUMBERS
Existing Residents
All residents, except those who are exempt, must disclose and provide verification of their Social Security Number for all family members at the time of their next interim or annual certification if they have not previously disclosed a SSN, previously disclosed SSN that HUD or the Social Security Administration determined was invalid; or been issued a new Social Security Number
Acceptable SS# Verification Documents
• Original Social Security Card issued by federal government
• Drivers license with Social Security number
• Earnings statements on payroll stubs
• Bank statement
• Form 1099
• Social Security Administration benefit award letter
• Retirement benefit letter
• Life insurance policy
• Court records
If the applicant cannot supply the original SS card and supplies one of the alternative documents, the applicant must also certify that the document provided is complete and accurate by completing the First Housing Form “Acceptable Form of Verification in Lieu of Original Social Security Card…”. If failure to meet the SSN requirements is due to circumstances outside the control of the resident and there is a likelihood that the resident will be able to disclose and provide verification, the resident will be granted a 90 day deferral to meet the requirement. The head of household will be notified when EIV pre-screening or the SSA validation determines that a household member has provided an invalid SSN.
If a resident fails to provide a valid and verified SSN, the household is subject to termination of tenancy in accordance with 24 CFR 5.218.
Adding a Household Member
When a resident requests the addition of a household member age six or older, the documentation of the SSN for the new household member must be provided to the property at the time of the request or at the time of certification. No new household member will be added until this documentation is provided.
When adding a household member under the age of six with a SSN, the SSN must be disclosed and verification provided at the time of certification. If the child does not have a SSN, the household will be given 90 days to provide the SSN for the child. An additional 90 day period will be granted if the failure to provide the SSN is due to circumstances outside the control of the resident, such as delayed processing of the SSN application by the SSA, natural disaster, fire or death in family
During this time, the child is included as part of the household and the household will receive all the benefits of the program including the dependent deduction and applicable child care deductions. At the time of the disclosure of the SSN and verification documentation, an interim certification will be processed to include the child’s verified SSN. If the SSN is not provided, the household is subject to termination of tenancy.
Assignment of a New Social Security Number
If a resident or any member of the household is or has been assigned a new SSN, the resident must provide the SSN and documentation to the property at the time of receipt, the next interim or scheduled recertification or such earlier time as specified by the property.
Penalties for a Resident’s Non-disclosure of Social Security Number
This property will terminate the tenancy of a resident household if it does not meet the SSN disclosure, documentation and verification requirements since the household is in non-compliance with the lease. There is no pro-ration of assistance for the household.
Applicants
• Applicants do not need to disclose or provide verification of a SSN for household members to be placed on the waiting list. However, applicants must disclose a SSN and provide adequate documentation to verify each SSN for all non-exempt household members before they can be housed. If all non-exempt household members have not disclosed and/or provided verification of their SSN at the time a unit becomes available, the next eligible applicant must be offered the available unit.
• The applicant who has not provided required SSN information for all non-exempt household members has 90 days from the date they are first offered an available unit to disclose/verify the SSN.
• During this 90 day period, the applicant may retain their place on the waiting list.
• After 90 days, if the applicant is unable to disclose/verify the SSN’s of all non-exempt household members, the applicant will be determined ineligible and removed from the waiting list.
Exemptions to Disclosure of Social Security Number
The Social Security Number requirements do not apply to:
1. Individuals who do not contend eligible immigration status.
• The property will have each resident’s Citizenship Declaration on file – whereby the individual did not contend eligible immigration status – to support exception to the requirements to disclose and provide verification of a Social Security number.
2. Individuals age 62 or older as of January 31, 2010, whose initial determination of eligibility was
begun before January 31, 2010.
• The eligibility date is based on the initial effective date of the form HUD-50059 or form
HUD-50058, whichever is applicable.
• Documentation that verifies the applicant’s exemption status must be obtained from the
owner of the property where the initial determination of eligibility was determined prior to January 31, 2010. A certification from the applicant stating they qualify for the
exemption is not acceptable. The documentation will be retained in the resident file.
• The exception status for these individuals is retained if the individual moves to a new
assisted unit under and HUD assisted program or if there is a break in participation in a HUD assisted program.
A document that is not original, has been altered, mutilated or is not legible or appears to be forged will not be accepted.
CITIZEN AND NON-CITIZEN VERIFICATION POLICY
Applicants are required to declare U.S. Citizenship or submit evidence of eligible immigration status for each household member seeking housing assistance. This property requires the following documents:
1. Family Summary Sheet (lists all household members who will reside in the assisted unit)
2. Citizenship Declaration (Each household member listed on the Household Summary Sheet must complete.)
3. Forms and/or evidence of citizen/immigration status.
If you are unable to provide the required documentation in the timeframe indicated, you must contact the management office and request an extension. If you fail to provide this information, the property cannot provide assistance. If any household member is determined to be an ineligible non-citizen, either at application or after move-in, assistance may be prorated or terminated. The property will offer subsidy to those household members whose documents were received on time when assistance is available, the household has come to the top of the waiting list or at least one member of the household has submitted required documentation and has been determined to be eligible. If any household member is determined to be an ineligible non-citizen, assistance may be prorated or terminated. The household may appeal the property’s decision of denial directly to DHS. The household must send a copy of the appeal directly to the site. If the DHS decision results in a positive determination of eligibility, the site will provide the household with assistance. If the DHC decision results in a negative determination of eligibility, the household has 30 days to request a hearing with the manager. The site may not delay the household’s assistance if the household submitted its immigration information in a timely manner but the DHS verification or appeals process has not been completed. If a unit is available, the household has come to the top of the waiting list, and at least one member of the household has submitted the required documentation and has been determined to be eligible, the site will offer the household a unit and provide full assistance to those household members whose documents were received on time. Full assistance will be provided until information establishing the immigration status of any remaining non-citizen household members has been received and verified.
Required Documentation
The following documentation is required for each household member regardless of age:
**From U.S. citizens, a signed declaration of citizenship and verification of the declaration. The following documents will be accepted as proof of citizenship:
1. U.S. Passport
2. U.S. Naturalization Certificate issued by U.S. Citizenship & Immigration Services (USCIS)
3. Certificate of Citizenship issued by USCIS
The following will be accepted as proof of citizenship when proof of identity is also provided:
1. U.S. birth certificate
2. Certification of birth abroad issued by USCIS or the State Department
3. U.S. Citizenship ID card issued by USCIS
4. American Indian card issued by USCIS for the Kickapoo tribe
5. Final Adoption Decree
6. Evidence of Civil Service employment by U.S. Government before 6/1/1976
7. Official Military Record of Service showing U.S. place of birth
8. Northern Mariana ID card issued by USCIS to a naturalized citizen born before 11/4/1986
9. Extract of U.S. hospital birth record established at time of birth
10. Life, health or other insurance record showing U.S. place of birth
11. Census records showing U.S. place of birth
12. Nursing home records, medical records or other documentation showing U.S. place of birth created at lease 5 years before initial AHCCCS application date
13. Bureau of Indian Affairs tribal census records (Navajo & Seneca tribes only)
14. Written affidavit
Proof of identity includes:
1. Driver’s license;
2. Government issued ID cards with photo;
3. Tribal government issued ID and documents, including Certificate of Indian Blood;
4. Day care or nursery record (minors only);
5. School record or report card (under 16 only);
6. School I.D. with picture; or
7. U.S. Military ID, U.S. Military Dependent ID or U.S. Military Draft Record.
**From non-citizens claiming eligible status one of the following items must be satisfied:
1. A signed declaration of eligible immigration status;
2. A signed consent form AND one of the following DHS approved documents:
a. Form I-151, Alien Registration Receipt Card issued prior to 1979;
b. Form I-551, Alien Registration Receipt Card;
c. Form I-94, Arrival-Departure Record with one of the following annotations:
i. Admitted as Refugee Pursuant to Section 207;
ii. Section 208 or Asylum;
iii. Section 243(h) or Deportation stayed by Attorney General;
iv. Paroled Pursuant to Section 212(d)(5) of the INA.
If form I-94 is not annotated, then accompanied by one of the following:
• Final court decision granting asylum (but only if no appeal is taken);
• Letter from an INS asylum officer granting asylum prior to 10/1/90;
• letter from INS District Director granting asylum after 10/1/90;
• Court decision granting withholding or deportation; or
• Letter from an asylum officer granting withholding of deportation.
3. Form-688 Temporary Resident Card with Section 245A or Section 210;
4. Form-688B Employment Authorization Card with “Provision of Law 274a.12(11)or 2741.12; or
5. A receipt issued by the INS indicating that an application for issuance of a replacement document in one of the above listed categories has been made and the applicant’s entitlement to the document has been verified.
Non-citizens not claiming eligible immigration status may elect to sign a statement that they acknowledge their ineligibility for assistance.
Applicants must submit required documentation of citizenship/immigration status no later than the date the property initiates verification of other eligibility factors. Citizenship/immigration status will be determined prior to adding that household to the waiting list. If the applicant cannot supply the documentation at application or certification, an extension of 30 days may be granted. The request for an extension must be made in writing. The property will inform the applicant in writing if the extension is granted or denied.
A primary verification will be done through the Systematic Alien Verification for Entitlement ASVI database. The property will notify the households in writing that they are eligible for assistance or eligible for partial assistance as a mixed household. Applicants will also be notified in writing if they are found to be ineligible based upon citizenship/immigration status.
ENTERPRISE INCOME VERIFICATION SYSTEM (EIV) POLICY AND PROCEDURE
This verification system has been implemented by HUD and will be used by First Housing Corporation to assist in streamlining the income verification process and to help in minimizing the need for 3rd party verification. EIV allows this property to identify, via the Existing Tenant Search, the following information: *Applicants currently receiving HUD assistance, *Income not previously reported, *New employment, *Historical patterns of earnings and received income, *Multi-subsidy for household members in TRACS databases, and *Deceased household member(s).
The data provided via EIV system will be protected to ensure that it is only used for official purposes and not disclosed in any way that would violate the privacy of the individuals represented in the system data.
The information processed by the EIV system can include wage and income data about private individuals, as well as identifying information such as Social Security number, address and employment information. The EIV system will only be accessed by authorized staff on a need-to-know basis, with appropriate approval and authorization.
This property will assure that of copy of Form-9887 and Form 9887-A has been signed by each member of the household age 18 years or older. The 9887 will be presented at the initial move-in interview and/or annual certification. If a household member turns 18 in the middle of a certification cycle, that household member must sign Form 9887 and Form-9887A within 30 days of turning 18. By signing these forms, the applicant/resident authorizes HUD and/or this property to obtain and verify income and unemployment compensation information from various sources including but not limited to the IRS, Department of Health and Human Services, the Social Security Administration and current and former employers and state agencies.
The EIV data will be maintained in a locked metal file cabinet within a locked room. The Documentation of EIV Data will be included in the resident file. The entire file will be made available to authorized people including appropriate staff or contractors for the property, HUD staff, Contract Administration staff and the Office of the Inspector General. Other people such as financial auditors complying with the Consolidated Audit Guide (Handbook IG 2000.04) will be allowed to view the Documentation of EIV form to provide appropriate information required by the file audit.
Immediately upon receipt, the printouts will be filed and secured as appropriate. EIV data will be stored as follows:
*Social Security Benefit reports--term of tenancy plus 3 years
*New hires (W-4), wage, unemployment compensation--term of tenancy plus 3 years
*Resident has both social security benefits and employment or wage information--term of tenancy plus 3 years.
CURRENT STATUS AS A HUD RECIPIENT
All applicants MUST disclose if they are currently receiving HUD housing assistance. This property will not knowingly assist applicants who maintain a residence in addition to the HUD-assisted unit or who attempt to receive HUD assistance in two separate residences.
HUD provides this property with information about an applicant’s current status as a HUD housing assistance recipient. The property will use the EIV System to determine if the applicant or any member of the applicant household is currently receiving HUD assistance. Nothing prohibits a HUD housing assistance recipient from applying to this property. However, the applicant must move out of the current property and/or forfeit any voucher /subsidy before HUD assistance on this property will begin. Special consideration applies to minor children where both parents share 50% custody or recipients of HUD assistance in another unit who are moving to establish a new household when other family/household members will remain in the original unit.
If the applicant or any member of the applicant household fails to fully and accurately disclose rental history, the application may be denied based on the applicant’s “misrepresentation” of information. This information will be reviewed on an annual basis, at Initial Certification and each Annual, and Interim Certification. If any household member receives or attempts to receive assistance in another HUD assisted unit while receiving assistance on this property, the household member will be required to reimburse HUD for assistance paid in error. This is considered material lease violation and may result in penalties up to and including eviction and pursuit of fraud charges.
For additional clarification, applicant may request a complete copy of the EIV Use and Security Policy.
EIV USE POLICY
EIV reports will be produced and reviewed by staff responsible for HUD eligibility determination, HUD discrepancy analysis and HUD compliance monitoring. When information in EIV indicates potential errors in the eligibility determination or assistance calculation, documentation of the investigations of such errors will be maintained in the resident file and the EIV Discrepancy Log. EIV Logs will be maintained for one year. First Housing Corporation will review and if necessary investigate information for all households. If FHC discovers that any resident has violated the lease or HUD regulations, appropriate action will be taken up to and including termination of assistance and/or tenancy and pursuit of fraud.
Reports
The Existing Tenant Report provides information about an applicant’s current status as a HUD recipient and will be run prior to the final eligibility interview for applicants and monthly for residents.
The Failed Verification Report is run monthly and identifies household members who failed the SSA identity match.
The Deceased Tenant Report is run monthly and identifies residents who are currently reflected in TRACS as existing/active residents and who have been identified by SSA as deceased.
The New Hires Report is run monthly and provides employment information for residents who may have started new jobs.
The Income Report is run monthly and is used to verify certain income/employment information and for 3rd party verification resource purposes. This report matches SSA, SSI, Dual Entitlement, Medicare Part B Premium and Disability Onset.
The NDNH Wage and Unemployment Compensation Report is run monthly for existing residents and provides wage and unemployment benefit data for all household members who are at least 18 years of age, pass the SSA/EIV verification and are not a live-in aide or foster adult.
VIOLENCE AGAINST WOMEN ACT
First Housing Corporation has implemented the provisions of the Violence Against Women Act (VAWA). VAWA provides legal protection to victims of domestic violence, dating violence and stalking. FHC will not evict or terminate assistance from individuals applying for or receiving rental assistance payments under a project-based Section 8 program, if the asserted grounds for such action are an instance of domestic violence, dating violence or stalking.
FHC will require that a resident/applicant certify that he/she is a victim of domestic violence, dating violence or stalking and that the incidence(s) of threatened or actual abuse are bona fide in determining whether the protections afforded under the VAWA are applicable. In order to prove the allegations of domestic violence, the resident must complete, sign and submit the Certification of Domestic Violence, Dating Violence or Stalking form HUD-91066 to the site office within 14 business days. This form will be made available to all eligible families at the site office. If the certification or other supporting documentation is not provided within the specified timeframe, FHC may begin eviction proceedings. If the resident has sought assistance in addressing domestic violence, dating violence or stalking from a federal, state, tribal, territorial jurisdiction or local police or court the resident may also submit written proof of this outreach.
VAWA protects victims of domestic violence, dating violence or stalking, as well as their immediate family members generally from being evicted or being denied housing assistance if an incident of violence is reported and confirmed. The VAWA also provides that an incident of actual or threatened domestic violence, dating violence or stalking does not qualify as a serious or repeated violation of the lease nor does it constitute good cause for terminating the assistance, tenancy or occupancy rights of the victim.
Furthermore, criminal activity directly relating to domestic violence, dating violence or stalking is not grounds for terminating the victim’s tenancy. FHC may bifurcate a lease in order to evict, remove or terminate the assistance of the offender while allowing the victim, who is a resident or lawful occupant, to remain in the unit. It is possible for someone lawfully occupying the unit, who is also a victim, to be evicted or removed from the home. If the victim commits separate criminal activity, a landlord may evict them for engaging in crime. If a victim poses “an actual and imminent threat to other residents or those employed at or providing service to the property,” they can be evicted despite the VAWA.
BEDBUGS
1. Applicants with a current bedbug infestation may be accepted, however may be required to provide documentation from a Certified Exterminator Company that their personal belongings are bedbug free.
2. Residents will immediately report suspicion of possible bed bug infestation.
3. The management may inspect any unit in the property to independently verify the presence of bed bugs and to treat an infestation any may enter the unit to perform these activities in accordance with the lease.
4. Residents are expected to cooperate with treatment efforts.
5. The resident will not be reimbursed for the cost of any expense to the household such as the purchase of new furniture, clothing or cleaning services.
PROCEDURES FOR ACCEPTING APPLICATIONS
1. No pre-applications will be accepted.
2. All blanks on the application must be filled in. If an item does not apply to your household, fill in the blank with N/A. If a question is left blank, the application will be rejected. An incomplete application cannot be processed.
3. Applicant must sign and date the application. Do not sign unless you have read and understand all items on the application and are sure all information is complete and accurate. If necessary, an application will be mailed to you as a reasonable accommodation.
4. First Housing Corporation will verify information given on your application. In addition, HUD is using computer matching income verification to identify differences between tenant reported income and Federal tax data provided by the Internal Revenue Service and Social Security.
5. In addition to providing applicants the opportunity to complete applications at the project site, the owner will accommodate persons with disabilities who, as a result of their disabilities, cannot utilize the owner’s preferred application process. Some examples of the alternate methods would be mailing the application, faxing the application or emailing the application to the applicant.
6. If the application is denied, reconsideration or reapplication will be accepted one (1) year after the final date of denial.
REJECTION/APPEAL PROCESS:
Rejected applicants will be notified in writing of the reason for rejection.
Rejected applicants have fourteen (14) days to appeal their rejection or to request a meeting to discuss rejection of their application. If you have been denied admission due to a criminal background check that you believe is incorrect, you may, within 14 days, provide the Compliance Director with written proof from the applicable law enforcement agency that the criminal background information provided is incorrect. Appeal letters and requests for a meeting must be IN WRITING and should be mailed to the following:
Kathy Cooley, Compliance Director
First Housing Corporation
4275 Five Oaks Drive
Lansing, MI 48911
Final decisions of the appeal process cannot be determined by the on-site staff and any variance from these written criteria must be reviewed and approved in writing by the First Housing Corporation Compliance Director. Rejected applicants will be notified in writing within five business days after the owner meeting.
This process does not preclude applicant from seeking advice from any other agency or individual. If you are an individual with a disability and you believe an accommodation will cure the reason for your rejection, you may inform the development office staff of this fact and request a reasonable accommodation form.
RECORD KEEPING PROCEDURES:
The tenant file will be available for review by the tenant upon request or by a third party who provides a signed authorization for access from the tenant.
RANKING THE APPLICATION ON THE WAITING LIST
Section 8 Developments
Applicants cannot be selected in an order different from that of the waiting list for the purpose of selecting higher income families. Applicants with preferences receive the opportunity for an available unit earlier than those who do not have a preference. All applicants will be given the opportunity to show that they qualify for available preferences by providing acceptable sources of information to verify the qualifications for preference. Each preference applicant will be evaluated on a case-by-case basis.
PREFERENCES
1. Displaced by Government Action or a Presidentially Declared Disaster. HUD regulatory preferences require that Section 8, 221(d)(4) properties give preference to applicants who have been displaced by government action or a presidentially declared disaster. Applicant must provide documentation from FEMA or applicable Government Agency to prove displacement and must complete the FHC form “Verification of Presidentially Declared Disaster or Household Displace by Government Action” form.
2. Income Targeting. HUD requires owners to comply with the “income targeting” requirement that at least 40% of the households admitted each calendar year must be “extremely low-income” applicants. HUD defines “extremely low-income” to mean households making 30 percent or LESS of the median income for households of a similar size in the area. Some proof of income can be provided with previous years income tax return, employment check stubs or First Housing Corporation verification forms. When an extremely low-income applicant is needed to achieve targeting requirements and the next applicant on the waiting list has income above the extremely low-income limit, that applicant will be returned to the waiting list. When the property is ready to house an applicant with income above the extremely low-income limit, this applicant can be served. A notation will be made on the waiting list indicating why this applicant has been returned to the list rather than housed or withdrawn. The property will then select the first extremely low-income applicant on the list needing the appropriate bedroom size and qualifying for the top-ranked preference.
3. Working Family Preference. Preference is given to working families. HUD defines “working families” as “families where the head, spouse, co-head or sole member is employed and households in which the head, spouse, co-head or sole member is age 62 or older or is a person with disabilities”. Some proof of income can be provided with previous years income tax return, employment check stubs or First Housing Corporation verification forms. Within the group eligible for working preference, households will be ranked solely on the basis of the dates of their applications.
4. Elderly Preference. Preference is given to elderly families in which the head of household, co-head, or spouse is at least 62 years of age or a near-elderly family whose head, spouse or sole member is a person with disabilities who is at least 50 years of age, but below the age of 62. Proof of age can be established by a birth certificate or by completing First Housing’s Acceptable Form of Verification in Lieu of Original Social Security Card and/or Birth Certificate form and providing one of the alternative proofs of age listed on the form.
To qualify for Preference Numbers 2 or 3, applicable preference must be verified with appropriate documentation such as income tax returns, current pay stubs, FIA verification, SS Administration or VA verification, etc.
RANKING ON THE WAITING LIST
The ranking of the applicants on the Waiting List is as follows:
1. Applicants are placed on the waiting list by date and time of application.
2. The applicant will be placed on the waiting list and classified in one or more groups: Displaced Preference, Extremely Low-Income, Working Preference, or Non-Preference.
3. Applicants who have been displaced by government action or a presidentially declared disaster will be ranked first priority.
4. Applicants on the waiting list may be skipped over to achieve the 40% extremely low percentage and/or working preference.
5. Applicants with a Working Preference are ranked over non-working applicants. Applicants cannot be selected in an order different from that of the waiting list for the purpose of selecting higher income families.
6. The final applicants to be considered for residency are those qualified applicants who do not qualify for the “Working Preference” and are above the 30% income limit.
WAITING LIST MANAGEMENT
1. Applications will be time and date stamped upon receipt and placed on the waiting list in that order.
2. Applicants will be selected from the waiting list in chronological order and preference qualification.
3. The waiting list will be updated annually with a written notice to applicants asking that they confirm whether or not they wish to remain on the list. The applicant must respond in writing, within seven (7) days, requesting to remain on the list or their name will be dropped at that time.
4. Applicants are required to notify the property in writing of any change in their status after the initial application. Change in status would include but not be limited to change of address, contact information, family composition, and significant change of income.
5. If at any time the property finds it necessary to close the waiting list, the property will place a notice in a local publication explaining the closure. At the time that the list is subsequently reopened, notice to that effect will also be published.
6. Applicants wanting to know what position they are on the waiting list must submit their request in writing and enclose a self-addressed, stamped envelope for our response. Inquires by phone are not acceptable.
UNIT TRANSFER POLICY
It is First Housing Corporation’s policy to refuse unit transfers except under a certain few exceptions. Residents wanting a better view or residents wanting to transfer to be near friends or family are NOT valid reasons to allow the transfer. Unit turns constitute a large part of the operating expense of a development and units which are market ready need to be filled with new residents.
When vacancies occur, in-place residents will be transferred prior to filling the vacant unit with applicants from the waiting list. The following is a description of circumstances under which a resident can be transferred from one unit to another unit within the development. The first three descriptions are based on HUD/MSHDA requirements which mandate transfers based on specific needs of residents. They are:
1. Changes in household composition/family size. In accordance with HUD rules, when a household no longer meets site occupancy standards for its unit due to the change in family composition, the household will be asked to transfer to an appropriately sized unit if:
a. An appropriately sized unit becomes available;
b. Applications have been received for the units size the household currently occupies;
c. The household isn’t planning to move out within the next three months.
Households that refuse to transfer under the above circumstances will lose their housing assistance and must pay market rent for their current unit.
2. Need for deeper subsidy. In house residents requiring transfer due to the need for a deeper subsidy will be transferred over in house residents not requiring such subsidy.
3. Households with disabled members. In accordance with HUD rules, households with a disabled member may request a transfer to a different unit that would more specifically accommodate their needs. Households must provide the name and address of a health care provider that can verify that a member is disabled and needs a specially adapted or accessible unit. The applicant/tenant must complete the Section 504 Accommodation Request Form describing the requested accommodation and how this accommodation would meet their needs. The applicant/tenant must also sign the authorization to release the Section 504 Accommodation Verification Form. The Section 504 Accommodation Verification Form must be mailed directly to the health care provider along with the Section 504 Accommodation Request Form. If the health care provider verifies the need for a reasonable accommodation, the household will be allowed to transfer upon unit availability. If a tenant is being moved to a different unit as a reasonable accommodation due to a household member’s disability, the cost of the move will be paid for by the property unless doing so will constitute an undue financial or administrative burden. You may request a copy of the Transfer Policy for Disabled Residents.
4. Households without disabled members in accessible units. In accordance with the lease, if a household that doesn’t include a physically disabled member occupies a unit specially adapted for, or accessible to, the physically disabled, the household must transfer to another unit if a household with a disabled member requires the specially adapted or accessible unit.
5. Households requiring transfers for medical reasons. A household may be transferred to a different unit but must have a certification from a doctor.
In addition to the instances described above, First Housing will allow unit transfers under one other condition. It is:
Developments that have both apartments and townhouses can transfer residents, in good standing, laterally after they have resided in the unit for one full year. Example: A family qualifies for a two-bedroom unit and moves into an apartment. After completion of the initial lease, they can request a transfer to a two-bedroom townhouse. The request can be approved once an inspection is completed on the occupied unit and there is no damage other than normal wear and tear. (NOTE: Resident must pay for any minimal damage before the transfer can occur. The damage cannot be paid with the Security Deposit monies.) When the family transfers to a new unit the security deposit must also be transferred.
No transfers will be permitted for any reason other than those described above. Kathy Cooley, Director of Compliance, must approve any deviation from the above policy prior to the resident’s transfer. Additionally, in place residents who request transfers to other developments managed by First Housing Corporation must receive prior approval from the Director of Compliance.
ELDERLY DESIGNATED DEVELOPMENT/Handicap or Barrier Free Units
Serenity Place is designed primarily for occupancy by elderly families (i.e. heads, spouses or sole member are 62 years of age or older). There are a certain number of units that are available for non-elderly disabled families whose head of household, co-head or spouse is disabled and 18 to 49 years of age. “Persons with disabilities” means a person who meets the program eligibility as defined in 42 U.S.C. 423, HUD Regulation, Section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C 6001(8). Elderly may not have a preference over non-elderly for the “set-aside” units.
ACCESSIBLE UNITS
Applicant or family member that requires either the barrier-free or specially equipped units will be prioritized on the waiting list for those units by date and time of application. If applicant or family member has a disability and no accessible unit is available when the family reaches the top of the waiting list, physical modification to the unit can be approved. (See Modification Policy.)
ACCEPTANCE OF APPLICATION IS NO GUARANTEE OF RESIDENCY
Acceptance of the application is never a guarantee of residency. It is simply acceptance of the application to be placed on the waiting list. Applicant must still meet all qualification requirements outlined in the Resident Selection Criteria.
SERENITY PLACE RESIDENT SELECTION CRITERIA
TAX CREDIT REGULATIONS
STUDENT RULES:
A household is ineligible if all members of the household are full-time students at the time of initial occupancy or at any time during the certification period. At no time during the lease, or any extension thereof, may the unit be occupied entirely by full-time students who do not meet any of the student exemptions.
All household members 18 years of age and older will be required to complete and sign a Student Eligibility/Certification Form for the initial certification and for every recertification of the household. Tenants must immediately notify management of any change in household student status.
If a household qualified at move-in but later becomes comprised entirely of full-time students (not meeting any of the exceptions), the household would no longer be qualified to occupy the unit. Further, if the household initially met one of the exceptions, but at some point during the lease or extension thereof no longer meets the exception, at that time the unit becomes an ineligible student household.
A household containing full-time students is not ineligible if it includes at least one member who is not a full-time student. Unborn children can be counted as a non-student. Persons studying for the GED and persons attending adult education courses for the purpose of obtaining a high school diploma or GED are not counted as full-time students.
A household may continue to add members as long as at least one member of the original low-income household continues to live in the unit. Once all original residents have moved out of the unit, the remaining residents must be certified as a new income-qualified household.
If a single applicant (or resident) or all household applicants (or residents) in a unit are full-time students and not married, then that household is usually ineligible, unless the household meets one or more student exemptions.
A household that is comprised entirely of full-time students may still be eligible if the household satisfies the conditions of either (1) or (2) below:
• 1. At least one household member is:
o Receiving assistance under Title IV of the Social Security Act (welfare);
o Enrolled in a job-training program receiving assistance under the Workforce Investment Act or under other similar federal, state or local laws; or
o An individual who was previously under the care and placement responsibility of a State agency responsible for administering a plan under part B or part E of Title IV of the Social Security Act (foster care).
• 2. A unit occupied entirely by full-time students if such students are:
o A single parent receiving AFDC payments with dependent children who are also students;
o A single parent and his or her children and such parents are not dependents of another individual other than a parent of such children; or
o Married and filing a joint tax return.
INCOME
The total maximum annual household income cannot exceed 60% of the median income for Eaton County. Annual income is defined as the gross amount of income anticipated to be received by members of the household during the 12 months following the date of certification or recertification. The total household income must be less than or equal to the maximum allowable income limit in effect at the time of the tenant certification for the household to initially qualify. If the total household income is greater than the maximum allowable income limit, the household is not eligible.
MARRIED PERSONS NOT LIVING WITH SPOUSE
Some applicants/residents are married but do not reside with a spouse. In some situations, the prospective resident’s income alone is within LIHTC guidelines but the inclusion of the absent spouse’s earnings makes the household ineligible to reside in a restricted unit.
• Spouses are counted as family members and must be listed on the TIC even if they are temporarily absent, and;
• Annual income includes all amounts, monetary or not, which go to or are received on behalf of any family member even if the member is temporarily absent;
• A military spouse is counted as a household member even though the absent spouse is not physically residing in the unit. If the spouse or a dependent of the person on active military duty resides in the unit, that person’s income must be counted in full;
• The income of a household member who is confined to a nursing home can be excluded only if that person is permanently absent.
In the absence of documentation that a spouse is permanently absent, the absent spouse will be considered a “Temporarily Absent Family Member” and that spouse’s income and assets must be included as part of the household income. Following is a list of non-exhaustive items that can be used to document that a separation is permanent:
• Divorce filing or legal separation documents
• Documents from an attorney/legal aid office indicating that the applicant/resident is pursuing or has inquired about a divorce or legal separation
• Copy of legal restraining order or documentation that the prospective applicant/resident has experienced domestic violence
• A statement from a person who provided counseling to the resident in an official capacity as part of his/her occupation (ie., attorney, therapist, marriage counselor, clergy) indicating that the separation is permanent. The statement must be sworn or prepared on the counselor’s business letterhead
• A sworn statement from the resident indicating the following:
o The spouses operate as separate households and the absent spouse will not reside in the unit; and
o The separation is permanent.
• Legal or official documents indicating two separate residences for the spouses (ie., tax returns, signed lease agreement with only one of the spouses listed as an occupant in a unit other than the one in the LIHTC development).
• Welfare, food stamps, Housing Choice Voucher statements showing that benefits are currently being received by one of the spouses and those benefits are based on a household composition that does not include the other spouse.
PREGNANT WOMEN/UNBORN CHILDREN/CHILDREN IN THE PROCESS OF BEING ADOPTED
Unborn children and children who are in the process of being adopted (who do not live in the unit) can be counted as household members for the purpose of determining the appropriate income limit. Their unearned income is not counted in determining annual income. Documentation of pregnancy (a sworn self-statement from the applicant/resident) must be provided and included in the resident file if the pregnancy is being used to establish eligibility. For pending adoptions, documentation of the pending official adoption must be provided by the applicant/resident and be included in the resident file.
A household may be income-eligible to reside in the unit even without the inclusion of the unborn child as a household member. In such situations, the pregnant resident/applicant can elect to not count her unborn child as a household member for income-eligibility purposes. If the pregnant resident/applicant elects not to count the unborn child as a household member, no documentation of pregnancy is required. (Self-certification is still required for Section 8 verification purposes.)
Upon completion of a subsequent recertification, all persons, including children who were unborn at the time of the previous certification must be included as household members.
Resident Rights & Responsibilities
Secretary of HUD
You, as a resident (tenant), have rights and responsibilities that help make your HUD-assisted housing a better home for you and your family.
This brochure is being distributed to you because the United States Department of Housing and Urban Development (HUD), which has ultimate jurisdiction over the development in which you live, has provided some form of assistance or subsidy for this apartment building. As part of its dedication to maintaining the best possible living environment for all residents, your HUD field office encourages and supports the following:
• Management agents and property owners communicate with residents on any and all issues.
• Owners and manager give prompt consideration to all valid resident complaints and resolve them as quickly as possible.
• Residents’ right to organize and participate in the decisions regarding the well-being of the development and their home.
Along with your owner/management agent, you play an important role in making your place of residence – the unit (apartment), the grounds, and other common areas – a better place to live and in creating a community you can be proud of.
This brochure briefly lists some of your most important rights and responsibilities to help you get the most out of your home.
Your Rights
As a resident of a HUD-assisted multifamily housing development, you should be aware or your rights.
Rights Involving Your Apartment
• The right to live in decent, safe, and sanitary housing that is free from environmental hazards such as lead-based paint hazards.
• The right to have repairs performed in a timely manner, upon request, and to have a quality maintenance program run by management.
• The right to be given a reasonable notice, in writing, of any non-emergency inspection or other entry into your apartment.
Rights Involving Resident Organizations
• The right to organize as residents without obstruction, harassment, or retaliation from property owners or management.
• The right to post materials in common areas and provide leaflets informing other residents of their rights and of opportunities to involve themselves in their development.
• The right, which may be subject to reasonable HUD-approved fee, to use appropriate common space or meeting facilities to organize or to consider any issue affecting the condition or management of the property.
• The right to meet without the owner/manager present.
• The right to be recognized by property owners and managers as having a voice in residential community affairs.
Rights Involving Nondiscrimination
The right to equal and fair treatment and use of your building’s services and facilities, without regard to race, color, religion, gender, disability, familial status (children under 18), national origin (ethnicity or language), or in some circumstances, age.
YOUR RESPONSIBILITIES
As a resident of a HUD-assisted multifamily housing development, you also have certain responsibilities to ensure that your building remains a suitable home for you and your neighbors. By signing your lease, you and the owner/management company have entered into a legal, enforceable contract. You and the owner/management company are responsible for complying with your lease, house rules, and local laws governing your property. If you have any questions about your lease or do not have a copy of it, contact your management agent or your local HUD field office.
RESPONSIBILITIES TO YOUR PROPERTY OWNER OR MANAGEMENT AGENT
• Complying with the rules and guidelines that govern your lease.
• Paying the correct amount of rent on a timely basis each month.
• Providing accurate information to the owner at the certification or recertification interview to determine your total tenant payment, and consenting to the release of information by a third party to allow for verification.
• Reporting changes in the family’s income.
RESPONSIBILITIES TO THE PROJECT AND TO YOUR FELLOW RESIDENTS
• Conducting yourself in a manner that will not disturb your neighbors.
• Not engaging in criminal activity in the unit, common area, or grounds.
• Keeping your unit clean and not littering the grounds or common areas.
• Disposing of garbage and waste in a proper manner.
• Complying with local codes that affect the health or safety of the residence.
• Maintaining your apartment and common areas in the same general physical condition as when you moved in.
• Reporting any apparent environmental hazards to the management, such as peeling paint—which is a hazard if it is lead-based paint—and any defects in building systems, fixtures, appliances, or other parts of the unit, the grounds, or related facilities.
YOUR PARTICIPATION IS IMPORTANT
Residents in HUD assisted multifamily housing play an important role in decisions that affect their development. Different HUD programs provide for specific rights. You have the right to know under what HUD program your building is assisted. To find out if your apartment building is covered under any of the following categories, contact your management agent.
If your building was funded under Section 236, 221 (d)(3)/BMIR, Rent Supplement Program, Section 202 Direct Loan Program, Section 202/811 Capital Advance Programs, or is assisted under any applicable project-based Section 8 programs, and prior HUD approval is required before the owner can prepay, you have the right to participate in or be notified of, and comment on the following:
• An increase in the maximum permissible rent.
• Conversion of a project from project-paid utilities to tenant-paid utilities or a reduction in tenant utility allowance.
• Conversion of residential units in a multifamily housing development to a non-residential use or to condominiums, or the transfer of the development to a cooperative housing mortgagor corporation or association.
• Partial release of mortgage security.
• Capital improvements that represent a substantial addition to the development.
• Non-renewal of a project-based Section 8 contract.
• Any other action which could ultimately lead to involuntary temporary or permanent relocation of residents.
• Prepayment of mortgage.
If your unit has a project-based Section 8 contract that is expiring or being terminated and will not be renewed, the assisted family may elect to remain in the same development in which the family was residing on the date of the eligibility event for the development. The family residing in an assisted unit may be eligible for an enhanced voucher. Owners must provide a 1-year notification of their intent to opt out of the Section 8 contract. Residents may use the Section 8 voucher in any building with rents in the allowable range. Eligible tenants can receive enhanced vouchers only if they remain in the same development in which they resided on the date the Section 8 contract was terminated. If an eligible tenant moves, they are eligible for a Section 8 voucher that is not enhanced. You also have the right to Relocation Counseling, where you can learn about housing options available to you.
If you live in a building that is owned by HUD and is being sold, you have the right to be notified of, and comment on, HUD’s plans for disposing of the building.
ADDITIONAL ASSISTANCE
If you need help or more information, you may contact:
• Your property manager or management company.
• The project manager in HUD’s Multifamily Hub, Multifamily Field Office, or your local Contract Administrator.
• Your local HUD Field Office –
• The Outreach and Training Grant (OTAG), and Intermediary Technical Assistance Grant (I:TAG) group in your area --
• The housing counseling agency in your community (for assistance, call the HUD Housing Counseling Service Locator at 1-800-569-4287)
• HUD’s National Multifamily Housing Clearinghouse at 1-800-685-8470 to report maintenance or management concerns.
• HUD’s Office of Inspector General Hot Line at 1-800-347-3735 or 202-708-4200 to report fraud, waste, or mismanagement.
• Citation to the Multifamily Housing Rule—24 CFR Part 245.
• World Wide Web —
If you believe that you have been discriminated against, or would like information on what constitutes housing discrimination, call 1-800-669-9777, or call your local HUD Office of Fair Housing and Equal Opportunity.
Your local government tenant/landlord affairs office, legal services office, and tenant organizations may also provide you with the information on additional rights you have under local or state law.
The brochure about your rights and responsibilities as a resident of HUD assisted multifamily housing is available in languages other than English. To find out which language versions are currently in stock, contact HUD’s National Multifamily Housing Clearinghouse at 1-800-685-8470.
|Residents of HUD-assisted housing are our partners and partners in |
|their communities. HUD regulations give residents the right to press |
|for improved conditions by organizing independent resident |
|associations. These associations encourage residents to become involved|
|in the decisions that affect their homes without harassment or |
|retaliation by property owners or management. |
| |
|---Secretary of HUD |
APPLYING FOR HUD HOUSING ASSISTANCE?
THINK ABOUT THIS…
IS FRAUD WORTH IT?
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If you commit fraud to obtain assisted housing from HUD, you could be:
• Evicted from your apartment or house.
• Required to repay all overpaid rental assistance you received.
• Fined up to $10,000.
• Imprisoned for up to five years.
• Prohibited from receiving future assistance.
• Subject to State and local government penalties.
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You are committing fraud if you sign a form knowing that you provided false or misleading information.
The information you provide on housing assistance application and recertification forms will be checked. The local housing agency, HUD, or the Office of Inspector General will check the income and asset information you provide with other Federal, State, or local governments and with private agencies. Certifying false information is fraud.
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When you fill out your application and yearly recertification for assisted housing from HUD make sure your answers to the questions are accurate and honest. You must include:
All sources of income and changes in income you or any members of your household receive, such as wages, welfare payments, social security and veterans’ benefits, pensions, retirement, etc.
Any money you receive on behalf of your children, such as child support, AFDC payments, social security for children, etc.
Any increase in income, such as wages from a new job or an expected pay raise or bonus.
All assets, such as bank accounts, savings bonds, certificates of deposit, stocks, real estate, etc., that are owned by you or any member of your household.
All income from assets, such as interest from savings and checking accounts, stock dividends, etc.
Any business or asset (your home) that you sold in the last two years at less than full value.
The names of everyone, adults or children, relatives and non-relatives, who are living with you and make up your household.
(Important Notice for Hurricane Katrina and Hurricane Rita Evacuees: HUD’s reporting requirements may be temporarily waived or suspended because of your circumstances. Contact the local housing agency before you complete the housing assistance application.)
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If you don’t understand something on the application or recertification forms, always ask questions. It’s better to be safe than sorry.
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• Don’t pay money to have someone fill out housing assistance application and recertification forms for you.
• Don’t pay money to move up on a waiting list.
• Don’t pay for anything that is not covered by your lease.
• Get a receipt for any money you pay.
• Get a written explanation if you are required to pay for anything other than rent (maintenance or utility charges).
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If you know of anyone who provided false information on a HUD housing assistance application or recertification or if anyone tells you to provide false information, report that person to the HUD Office of Inspector General Hotline. You can call the Hotline toll-free Monday through Friday, from 10:00 a.m. to 4:30 p.m., Eastern Time, at 1-800-347-3735. You can fax information to (202) 708-4829 or e-mail it to Hotline@. You can write the Hotline at:
HUD OIG Hotline,
GFI 451 7th Street, SW
Washington, DC 20410
December2005
FACT SHEET
For HUD ASSISTED RESIDENTS
Project-Based Section 8
“HOW YOUR RENT IS DETERMINED”
Office of Housing
September 2010
This Fact Sheet is a general guide to inform the Owner/Management Agents (OA) and HUD-assisted residents of the responsibilities and rights regarding income disclosure and verification.
Why Determining Income and Rent
Correctly is Important
Department of Housing and Urban Development studies show that many resident families pay incorrect rent. The main causes of this problem are:
• Under-reporting of income by resident families, and
• OAs not granting exclusions and deductions to which resident families are entitled.
OAs and residents all have a responsibility in ensuring that the correct rent is paid.
OAs’ Responsibilities:
• Obtain accurate income information
• Verify resident income
• Ensure residents receive the exclusions and deductions to which they are entitled
• Accurately calculate Tenant Rent
• Provide tenants a copy of lease agreement and income and rent determinations Recalculate rent when changes in family composition are reported
• Recalculate rent when resident income decreases
• Recalculate rent when resident income increases by $200 or more per month
• Recalculate rent every 90 days when resident claims minimum rent hardship exemption
• Provide information on OA policies upon request
• Notify residents of any changes in requirements or practices for reporting income or determining rent
Residents’ Responsibilities:
• Provide accurate family composition information
• Report all income
• Keep copies of papers, forms, and receipts which document income and expenses
• Report changes in family composition and income occurring between annual recertifications
• Sign consent forms for income verification
• Follow lease requirements and house rules
Income Determinations
A family’s anticipated gross income determines not only eligibility for assistance, but also determines the rent a family will pay and the subsidy required. The anticipated income, subject to exclusions and deductions the family will receive during the next twelve (12) months, is used to determine the family’s rent.
What is Annual Income?
Gross Income – Income Exclusions = Annual Income
What is Adjusted Income?
Annual Income – Deductions = Adjusted Income
Determining Tenant Rent
Project-Based Section 8 Rent Formula:
The rent a family will pay is the highest of the following amounts:
• 30% of the family’s monthly adjusted income
• 10% of the family’s monthly income
• Welfare rent or welfare payment from agency to assist family in paying housing costs.
OR
• $25.00 Minimum Rent
Income and Assets
HUD assisted residents are required to report all income from all sources to the Owner or Agent (OA). Exclusions to income and deductions are part of the tenant rent process.
When determining the amount of income from assets to be included in annual income, the actual income derived from the assets is included except when the cash value of all of the assets is in excess of $5,000, then the amount included in annual income is the higher of 2% of the total assets or the actual income derived from the assets.
Annual Income Includes:
• Full amount (before payroll deductions) of wages and salaries, overtime pay, commissions, fees, tips and bonuses and other compensation for personal services
• Net income from the operation of a business or profession
• Interest, dividends and other net income of any kind from real or personal property (See Assets Include/Assets Do Not Include below)
• 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 lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount (except for deferred periodic payments of supplemental security income and social security benefits, see Exclusions from Annual Income, below)
• Payments in lieu of earnings, such as unemployment and disability compensation, worker’s compensation and severance pay (except for lump-sum additions to
family assets, see Exclusions from Annual Income, below Welfare assistance
• 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
• All regular pay, special pay and allowances of a member of the Armed Forces (except for special pay for exposure to hostile fire)
• For Section 8 programs only, any financial assistance, in excess of amounts received for tuition, that an individual receives under the Higher Education Act of 1965, shall be considered income to that individual, except that financial assistance is not considered annual income for persons over the age of 23 with dependent children or if a student is living with his or her parents who are receiving section 8 assistance. For the purpose of this paragraph, “financial assistance” does not include loan proceeds for the purpose of determining income.
Assets Include:
• Stocks, bonds, Treasury bills, certificates of deposit, money market accounts
• Individual retirement and Keogh accounts
• Retirement and pension funds
• Cash held in savings and checking accounts, safe deposit boxes, homes, etc.
• Cash value of whole life insurance policies available to the individual before death
• Equity in rental property and other capital investments
• Personal property held as an investment
• Lump sum receipts or one-time receipts
• Mortgage or deed of trust held by an applicant
• Assets disposed of for less than fair market value.
Assets Do Not Include:
• Necessary personal property (clothing, furniture, cars, wedding ring, vehicles specially equipped for persons with disabilities)
• Interests in Indian trust land
• Term life insurance policies
• Equity in the cooperative unit in which the family lives
• Assets that are part of an active business
• Assets that are not effectively owned by the applicant or are held in an individual’s name but:
• The assets and any income they earn accrue to the benefit of someone else who is not a member of the household, and
• that other person is responsible for income taxes incurred on income generated by the assets
• Assets that are not accessible to the applicant and provide no income to the applicant (Example: A battered spouse owns a house with her husband. Due to the domestic situation, she receives no income from the asset and cannot convert the asset to cash.)
• Assets disposed of for less than fair market value as a result of:
• Foreclosure
• Bankruptcy
• Divorce or separation agreement if the applicant or resident receives important consideration not necessarily in dollars.
Exclusions from Annual Income:
• Income from the employment of children (including foster children) under the age of 18
• Payment received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone
• Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker’s compensation), capital gains and settlement for personal or property losses
• Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member
• Income of a live-in aide
• Subject to the inclusion of income for the Section 8 program for students who are enrolled in an institution of higher education under Annual Income Includes, above, the full amount of student financial assistance either paid directly to the student or to the educational institution
• The special pay to a family member serving in the Armed Forces who is exposed to hostile fire
• Amounts received under training programs funded by HUD
• 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)
• 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
• Resident service stipend (not to exceed $200 per month)
• Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs and training of a family member as resident management staff
• Temporary, non-recurring or sporadic income (including gifts)
• Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era
• Earnings in excess of $480 for each full time student 18 years old or older (excluding head of household, co-head or spouse)
• Adoption assistance payments in excess of $480 per adopted child
• Deferred periodic payments of supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts
• Amounts received by the family in the form of refunds or rebates under State of local law for property taxes paid on the dwelling unit
• 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
Federally Mandated Exclusions:
• Value of the allotment provided to an eligible household under the Food Stamp Act of 1977
• Payments to Volunteers under the Domestic
Volunteer Services Act of 1973
• Payments received under the Alaska Native Claims Settlement Act
• Income derived from certain submarginal land of the US that is held in trust for certain Indian Tribes
• Payments or allowances made under the Department of Health and Human Services’ Low-Income Home Energy Assistance Program
• Payments received under programs funded in whole or in part under the Job Training Partnership Act
• Income derived from the disposition of funds to the Grand River Band of Ottawa Indians
• The first $2000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the US. Claims Court, the interests of individual Indians in trust or restricted lands, including the first $2000 per year of income received by individual Indians from funds derived from interests held in such trust or restricted lands
• Payments received from programs funded under Title V of the Older Americans Act of 1985
• Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in In Re Agent-product liability litigation
• Payments received under the Maine Indian Claims Settlement Act of 1980
• The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990
• Earned income tax credit (EITC) refund payments on or after January 1, 1991
• Payments by the Indian Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation
• Allowance, earnings and payments to AmeriCorps participants under the National and Community Service Act of 1990
• Any allowance paid under the provisions of 38U.S.C. 1805 to a child suffering from spina bifida who is the child of a Vietnam veteran
• Any amount of crime victim compensation (under the Victims of Crime Act) received through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of a crime against the applicant under the Victims of Crime Act
• Allowances, earnings and payments to individuals participating under the Workforce Investment Act of 1998.
Deductions:
• $480 for each dependent including full time students or persons with a disability
• $400 for any elderly family or disabled family
• Unreimbursed medical expenses of any elderly family or disabled family that total more than 3% of Annual Income
• Unreimbursed reasonable attendant care and auxiliary apparatus expenses for disabled family member(s) to allow family member(s) to work that total more than 3% of Annual Income
• If an elderly family has both unreimbursed medical expenses and disability assistance expenses, the family’s 3% of income expenditure is applied only one time.
• Any reasonable child care expenses for children under age 13 necessary to enable a member of the family to be employed or to further his or her education.
Reference Materials
Legislation:
• Quality Housing and Work Responsibility Act of 1998, Public Law 105-276, 112 Stat. 2518 which amended the United States Housing Act of 1937, 42 USC 2437, et seq.
Regulations:
• General HUD Program Requirements;24 CFR Part 5
Handbook:
• 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs
Notices:
“Federally Mandated Exclusions” Notice 66 FR 4669, April 20, 2001
For More Information:
Find out more about HUD’s programs on HUD’s Internet homepage at
AGENCY DISCLOSURE
First Housing Corporation and its representatives are acting as agents for the Owner and not as agents for the Tenants. This information is provided to all prospective Applicants/Tenants prior to their disclosure of any confidential information.
First Housing Corporation has a commitment to protect all collected personal information in a safe and confidential manner. A copy of our Confidentiality Policy is available upon request.
ACKNOWLEDGEMENT
I (We) acknowledge receiving a copy of the following documents on the date listed below.
1. Completed Rental Application,
2. Resident Selection Criteria and Waiting List Ranking Policy
3. Resident Rights & Responsibilities as published by HUD
4. Is Fraud Worth It? as published by HUD, and
5. Fact Sheet for HUD Assisted Residents—Project Based Section 8 “How Your Rent is Determined.”
6. Attachment A - Supplement To Application For Federally Assisted Housing
7. EIV Brochure
If there are any questions concerning the information on these documents, please contact our office so that we may help you.
| | | |
|Applicant’s Signature—Head of Household | |Agent’s Signature |
| | | |
|Applicant’s Signature | | |
| | | |
|Applicant’s Signature | | |
| | | |
|Applicant’s Signature | |Date |
| | | |
First Housing Corporation Managed Property
Attachment A
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