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ensureDoOwner/agents of HUD regulated multifamily properties are subject to several important federal civil rights laws affecting both admission and occupancy. These requirements seek to ensure that all applicants have equal access to affordable housing and that owners treat all tenants equitably.  In addition, states and local jurisdictions often establish their own civil rights laws that affect rental housing.

This is overview of the key federal civil rights and nondiscrimination requirements that pertain to admissions and occupancy in HUD regulated programs subject to the HUD Handbook 4350.3.

There are a number of technical terms used in the different Civil Rights Laws that have very specific definitions established by federal statute or regulations, or by HUD.  It is important to be familiar with the different laws and the definitions.

Owners must be familiar with the regulations implementing these civil rights laws regarding fair housing and program accessibility, and with the applicable HUD Notices explaining those requirements.  HUD’s Office of Fair Housing and Equal Opportunity (FHEO) also provide technical assistance on these requirements.

Civil Rights Laws

1. Americans with Disabilities Act of 1990

a. Title II prohibits discrimination based on disability in programs, services, and activities provided or made available by public entities. HUD enforces Title II when it relates to state and local public housing, housing assistance and housing referrals.

b. Title III covers new construction and alterations of areas of public accommodation built after January 26, 1993.

c. This includes sales or rental office, stores, services or meeting rooms open to the public and model units.

2. Age Discrimination Act of 1975

a. This Act prohibits discrimination based upon age in federally assisted and funded programs or activities, except in limited circumstances. 

b. It is not a violation of the Act to use age screening criteria in a particular program if age distinctions are permitted by statute for that program or if age distinctions are a factor necessary for the normal operation of the program or the achievement of a statutory objective of the program or activity. 

3. Civil Rights Act of 1964 (Title VI)

Title VI prohibits discrimination on the basis of race, color, or national origin for programs and activities receiving Federal Financial assistance

a. Complaints must be filed within 180 days

b. Title VI applies to any program or activity receiving federal financial assistance, not just housing.  Each federal agency has its own Title VI regulations. 

c. In housing, Title VI and the Fair Housing Act apply to many of the same types of activities.  However, HUD has broader investigative authority in complaints related to violations of Title VI and the authority to impose different types of remedies than it does in cases involving violations of the Fair Housing Act. 

d. Title VI regulations require that recipients have an affirmative obligation to take reasonable steps to remove or overcome any discriminatory practice or usage that subjects individuals to discrimination based on race, color, or national origin.  The regulations also require that, even in the absence of prior discrimination, recipients should take affirmative steps to overcome the effects of conditions that result in limiting participation by persons of a particular race, color, or national origin.

e. Title VI regulations also require that owners maintain racial and ethnic data showing the extent to which members of minority groups are beneficiaries of federal financial assistance

4. Elderly Preferences (Title VI-D of the Community Development Act of 1992

a. Title VI, Subtitle D of the Housing and Community Development Act of 1992 (Title VI-D) authorizes owners of certain HUD multifamily assisted developments to elect to serve elderly families, limit the numbers of disabled families residing in the projects or to adopt preferences for elderly families, depending upon the type of project and whether certain requirements are met.  While owners must comply with all relevant sections pursuant to Title VI-D, owners should pay close attention to Sections 651 and 658 with respect to eligibility and tenant selection. 

b. While this statute is not a civil rights law, it is referenced because if it is applied incorrectly, an owner may be in violation of federal civil rights laws, as well as program requirements. 

c. Section 651 of Title VI, Subtitle D of the Housing and Community Development Act of 1992 permits owners of “covered Section 8 housing projects” designed primarily for occupancy by elderly families to adopt a selection preference for elderly families.  An owner may, but is not required to, implement this preference.   If the owner adopts the preference, it must be implemented in accordance with the rules described in paragraph 3-18 of the 4350.3. Owners of properties assisted through the following programs are eligible to implement this preference:

d.

e. Section 8 New Construction;

f. Section 8 Substantial Rehabilitation;

g. State Housing Agency programs for Section 8 New Construction and Substantial Rehabilitation;

h. Rural Housing 515/8; and

i. Section 8 Property Disposition Set-Aside (applies only to properties that involve substantial rehabilitation).

j. Section 658 of Title VI of Subtitle D of the Housing and Community Development Act of 1992 (HCDA) permits owners of certain federally assisted projects to restrict occupancy in such projects (or portions of projects) to elderly families in accordance with the rules, standards, and agreements governing occupancy in effect at the time of the development of the project. Applicability:  only owners of properties that were originally designed for the elderly and assisted through the following programs are eligible to apply this restriction:

a. Section 236;

b. Section 221(d)(3) BMIR; and

c. Section 202 of the Housing Act of 1959, as Section 202 existed before the enactment of the Cranston-Gonzalez National Affordable Housing Act (i.e., Section 202 projects developed prior to 1991). See paragraph 3-20 B for 202/8 eligibility requirements.

NOTE:  In order to restrict occupancy to the elderly in accordance with Section 658, the project must have continuously operated solely as an elderly project.

k. The formula to determine the percentages of Elderly families and non-elderly families with disabilities:

a. The percentage of younger families with disabilities required, is the highest percentage of non-elderly disabled on two dates (10/28/92 & 1/1/92), unless that number exceeds 10% in which case the requirement is set at 10%

5. Fair Housing Act, Title VIII of the Civil Rights Act of l968

Prohibits discrimination in the sale, rental and financing of dwellings

• 1968 – race, color, religion, and national origin

• 1974 - sex

Technically, this is the only “fair housing” law

6. Fair Housing Amendments Act of 1988

Most comprehensive civil rights statute passed in 25 years & signed by President Reagan on 9/13/88

● familial status

● handicap/disabilities

7. Fair Housing Prohibits Discrimination

The Fair Housing Act prohibits discrimination in most housing and housing-related transactions with respect to the following basis:

a. Race;

b. Color;

c. Religion;

d. Sex;

e. Disability;

f. National origin; or

g. Familial status.

NOTE: Familial status refers to families living with children under the age of 18, regardless of age or number of children.  Familial status also includes pregnant women, families that are planning to adopt, and families that have or are planning to have foster children or to become guardians of children.

8. Fair Housing Prohibits Actions

Under the Fair Housing Act, owners or other housing providers must not take any of the actions listed below based on race, color, religion, sex, disability, familial status, or national origin:

a. Deny anyone the opportunity to apply to rent housing, or deny to any qualified applicant the opportunity to lease housing suitable to his or her needs;

b. Provide anyone housing that is different from that provided to others;

c. Subject anyone to segregation, even if by floor or wing;

d. Restrict anyone’s access to any benefit enjoyed by others in connection with the housing program;

e. Treat anyone differently in determining eligibility or other requirements for admission, in use of the housing amenities, facilities or programs, or in the terms and conditions of a lease.

f. Deny anyone access to the same level of services;

g. Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program;

h. Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons

i. Discriminate in the provision of brokerage services or in residential real estate transactions;

j. Discriminate against someone because of that person’s relation to or association with another individual; or

k. Retaliate against, threaten, or act in any manner to intimidate someone because he or she has exercised rights under the Fair Housing Act.

9. Additional Protections for Persons with Disabilities

Although the Fair Housing Act generally requires applicants to be given equal treatment and prohibits discrimination against anyone with respect to the prohibited bases, there are certain limited circumstances when the Act requires a housing provider to treat persons with disabilities differently to enable them to have equal access to, or enjoyment of, housing and other housing-related programs. 

Specifically, the Fair Housing Act requires housing providers to provide “reasonable accommodations” to persons with disabilities.  This means an owner may have to modify rules, policies, practices, procedures and/or services to afford a person with a disability an equal opportunity to use and enjoy the housing.  In addition, the Fair Housing Act contains specific accessibility requirements that apply to the design and construction of new multifamily housing built for first occupancy after March 13, 1991.

10. Section 504 of the Rehabilitation Act of 1973

a. Section 504 is specific to assisted housing and specific to “qualified persons with disabilities”.

b. Many of the more recent laws (both federal and state) have taken their wording directly from Section 504.

c. Section 504 prohibits discrimination based upon disability in all programs or activities operated by recipients of federal financial assistance. 

d. Although Section 504 often overlaps with the disability discrimination prohibitions of the Fair Housing Act, it differs in that it also imposes broader affirmative obligations on owners to make their programs as a whole, accessible to persons with disabilities. 

e. These obligations include the following:

1. Making and paying for reasonable structural modifications to units and/or common areas that are needed by applicants and tenants with disabilities, unless these modifications would change the fundamental nature of the project or result in undue financial and administrative burdens;

2. Operating housing that is not segregated based upon disability or type of disability, unless authorized by federal statute or executive order;

3. Providing auxiliary aids and services necessary for effective communication with persons with disabilities; i.e., large print, verbal recorded documents, etc;

4. Developing a transition plan to ensure that structural changes are properly implemented to meet program accessibility requirements; and

5. Performing a self-evaluation of the owner’s program and policies to ensure that they do not discriminate based on disability. 

6. Operating their programs in the most integrated setting appropriate to the needs of qualified individuals with disabilities.

7. Furthermore, the Section 504 regulations establish affirmative accessibility requirements for newly constructed or rehabilitated housing, including providing a minimum percentage of accessible units.  In order for a unit to be considered accessible, it must meet the requirements of the Uniform Federal Accessibility Standards (UFAS)

8. The Section 504 regulations also require that recipients not discriminate in employment based upon disability. 

11. Architectural Barriers Act of 1968

The Architectural Barriers Act requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons.

12. Owners must collect and maintain various types of information regarding prospective and current tenants to help establish compliance with program requirements such as the information used in the MOR Addendum B, etc.

13. Owners must keep civil rights related records in accordance with 24 CFR 1.6, 8.55(b), and 107.30.  The civil rights related records include race and ethnicity data, compliance with 504, and compliance with Executive Order 11063.

14. Owners are required to allow HUD staff and Contract Administrators access to the relevant records for their properties and other sources of information, as necessary, for determining compliance with civil rights and nondiscrimination requirements.

Fair Housing-Related Presidential Executive Orders:

Executive Order 11063:

Executive Order 11063 prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds.

Executive Order 11246:

Executive Order 11246, as amended, bars discrimination in federal employment because of their race, color, religion, sex, or national origin.

Executive Order 12892:

Executive Order 12892, as amended, requires federal agencies to affirmatively further fair housing in their programs and activities, and provides that the Secretary of HUD will be responsible for coordinating the effort. The Order also establishes the President's Fair Housing Council, which will be chaired by the Secretary of HUD.

Executive Order 12898:

Executive Order 12898 requires that each federal agency conduct its program, policies, and activities that substantially affect human health or the environment in a manner that does not exclude persons based on race, color, or national origin.

Executive Order 13166:

Executive Order 13166 eliminates, to the extent possible, limited English proficiency as a barrier to full and meaningful participation by beneficiaries in all federally-assisted and federally conducted programs and activities.

Executive Order 13217:

Executive Order 13217 requires federal agencies to evaluate their policies and programs to determine if any can be revised or modified to improve the availability of community-based living arrangements for persons with disabilities.

504 Reference Chart

|PROPERTY STATUS | |APPLICABLE | |

|UNDER 504 |REFER |APARTMENT GOALS |COMMENTS |

| |ENCE | | |

|New construction |§ 8.22 |5% / 2% |All new construction must meet the goals. |

| | | | |

|Substantial alterations| | | |

| |§ 8.23 (a) |5% / 2% |Applicable to any site with: 15 or more apartments AND rehab/repair work costs|

| | | |greater than 75% of replacement value. |

|Other alterations | | | |

| | | |To the maximum extent feasible, properties must be made readily accessible & |

|Existing Housing |§ 8.23 (b) |5% / 2% |usable by individuals with disabilities. Maximum extent feasible defined as |

|Program | |(met over time) |not creating an undue financial and administrative burden for the property. |

|(properties not | | | |

|undergoing alterations)| | |Alterations of apartments and elements of apartments, when "considered |

| | | |together," trigger periodic compliance requirements at the property until the |

|Self-evaluation | | |percentage goals (5% / 2%) are reached. |

|completed | | | |

| | | |Alterations exclude normal maintenance or repairs, reroofing, interior |

|Common areas accessible| | |decoration, and changes to mechanical systems. |

| | | | |

| | | |Where multiple elements in an apartment are being replaced/repaired, the |

| | | |entire apartment must be made accessible up to the 5% / 2% goals. |

| | | | |

| | | |Property, when viewed in its entirety, must comply. |

| | | | |

| | | |Needs of existing persons with disabilities within a given household must be |

| | | |met through reasonable accommodation required by 504 and the Fair Housing |

| | | |Amendments, unless the accommodation is determined by the management to be an |

| |§ 8.24 | |undue financial and administrative burden or results in a fundamental |

| | | |alteration of the program. |

| | | | |

| | | |5% / 2% goals "activated" by substantial alterations or other alterations |

| | | |undertaken at the property. |

OVERVIEW

Theis application paperwork has been created to ensure all applicant information is obtained, a. As well as ensure that applicants are made aware of specific resident policies and requirements. Therefore, it is very important that all applicants are given each document listed below. All office employees should be well versed on each document and able to freely explain the purpose of each document.

Application Process

This application process is to be followed by all NHE Employees. Every applicant over the age of 18 needs to fill out all application documents and provide the income verification. All monies are to be paid upon accepting application paperwork.

APPLICATION DOCUMENTS

• Application: The application used is the Blue Moon Application. A master blank copy of the application should be printed and available to office employees in the event more copies are required. All sections of this form must be filled out and signed by applicant. No section is to be left blank. There also needs to be proper income verification to support the application. The income must be 3 times the market value of the apartment. The income verification must be an offer letter or a month’s worth of paystubs. The Property Manager must approve all applications and sign off on them.

• Qualifying Criteria: This document details the criteria that every resident must meet to obtain residency in our community. This must be initialed and signed by applicant. All employees need to read and understand the Qualifying Criteria form.

• Individual Criminal Assessment Criteria: Details the criminal history for all applicants that areis reviewed, as well as the maximum allotted time allowed before residing in our community. Must be signed by applicant.

• NHE Pet Policy Acceptance: Details the NHE pet policy and and should be given to all applicants forto review and signature. This must be reviewed by ALL applicants regardless of the applicant’s ownership of a pe Even if they don’t have a pet, as this confirms they have been made aware of pet and dog breed restrictions. Must be signed by applicant.

• NHE Employment Verification: The top half of this form is to be completed by the applicant. The form is then sent to the applicant’s employer to be completed. This form isis used in the event that an applicant cannot provide paycheck stubs as verification of income. In the event of self-employed applicants, they should provide the previous year’s tax statements. Totales. iIncome from line 22 of form 1040 or line 15 of form 1040A must show qualifying income as stated on the Qualifying Criteria form. they make 3 times the market value of the apartment. This form must be signed by applicant.

• NHE Carpet Addendum: Details the proper care and maintenance of all flooring in the apartment home. In addition to the NHE the process for carpet replacement. Applicants are asked to complete this form so they are aware of the responsibilities upon them as a resident.

• Rental Verification: The top portion of this form is to be completed by the applicant. The NHE Employee is then required to fax or email the form to the current landlord. Any persons owning a previous Landlords/ Property Management Companyies are denied residency on a NHE property. Must be signed by applicant.

• NHE Communication Log: The communication log should be used throughout the application process. Any updates or changes to the application should be noted here. This will allow any office Employee to jump in and assist with the application process.

• Resident File Checklist: The checklist should be kept with all applicant documentation to ensure that proper company procedures nothing is missedare followed throughout the application process.

• Welcome Letter: The Welcome Letter should be completed with the applicant. This form allows the applicant to have details of what monies are owed, both at move in and monthly. In addition, it details utility information, renter’s insurance requirements and security deposit information.

• Application Approval Form: This needs to be completed and in every file as verification that application process was completed and approved by Manager, Regional, or VP.

APPLICATION

KENTUCKY

APPLICATION INSTRUCTIONS

At the time an applicant applies all applicable paperwork is to be completed and signed by the applicant and NHE employee. The application is to be completely filled out and all applicants over the age of 18 are to complete separate applications and pay a separate application fee. At this time the Qualifying Criteria, Criminal Assessment, Pet Policy, and Welcome letter should be completed by the leasing agent with the applicant. Signatures need to be on all documents by both parties. At the time application paperwork is completed the administrative fee is to be collected. The application fee and administrative fee should be paid in the form of a money order or cashier’s check.

Once the paperwork is completed and fees are collected, the application should be processed within 72 hours. Once completed, notification needs to be made to the applicant on approval or denial of their application.

On every application the following must be completed and signed by applicant prior to submitting the credit check in Yardi. All applications are to be reviewed and approved by the Community Manager. If the application fails credit or criminal only the Regional or VP can override the denial. A signature from either Regional or VP needs to be in the file on the credit report along with the reason for the override decision. The application approval form needs to be completed and signed in file on every application.

• Credit Check through Yardi Screening. An automated letter will be emailed to the applicant with the results.

• Rental History Verification- Applicant(s)-must provide a lease and rental receipts if rental is/was from a private owner. An applicant may not have unresolved debts to current or previous landlord/mortgagor. If any of the following information is obtained on the rental history this application for residency will be rejected; debt(s) owed to previous Landlord/Mortgagor; repeated disturbance of neighbor’s peace; reports of unsavory or illegal activity (drugs, gambling, etc.); damage beyond normal wear and tear; reports of violence or threats to neighbors or landlord; allowing persons not on lease to reside in apartment; failure to give proper notice before moving; failure to make timely and correct rental payments. .

• Employment/Income Verification- Each applicant must have verifiable current employment. Full-time students may require a co-signer, proof of enrollment or graduation is required. Self-employed individuals must provide a financial statement from a CPA or previous year’s tax return. Gross income per individual or married couple must be 3 times the amount of the market rent. Roommates must qualify individually and are required to make 3 times the amount of market rent together. If not verifiable by their employer copy of the previous year’s tax return filed with the IRS or the past six (6) months of paycheck stubs or bank statements is needed.

• Pet Policy Acceptance- This form needs to be completed at time application is submitted. Pet restrictions are unified across the NHE Conventional Business Unit however breed sizes can vary. Review your properties allowance with your Regional Manager.

Attached is the NHE Qualifying Criteria. All employees need to review and understand this form prior to showing and leasing apartments.

APPLICATION

OHIO

APPLICATION

NORTH CAROLINA

APPLICATION

SOUTH CAROLINA

APPLICATION

TENNESSEE

QUALIFING CRITERIA

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(prop name) a NHE Managed Community

Qualifying Criteria

The following criteria must be met by all Lessors of a NHE Managed Property. Applicants that do not meet all criteria listed below are ineligible to lease or reside in an apartment home from NHE and (prop name).

Equal and Fair Housing – NHE and (prop name) does not discriminate on the basis of race, color, religion, sex, disability, familial status or national origin. follow the Equal and Fair Housing Laws.

Availability – Applications for apartment homes will be accepted on a first come, first serve basis and are subject to the availably of the apartment floor plan requested.

Rental Applications – Rental applications must be completed by each applicant defined as, all residents identified in the lease as the person(s) responsible for paying rent. Original Government Issued photo identification is required for all occupants. For non-U.S. Citizens, we accept the following INS forms: I-551 – Permanent Resident Card; Form I-688 – Temporary Resident Card, I-688A – Employment Authorization Card or any INS replacement of these three. It is also required that INS Form I-94 – Arrival/Departure Record be accompanied by a passport and visa from the applicant’s home country. Any omissions or falsifications may result in the rejection of an application and/or termination of a lease. Anyone residing in the apartment that is 18 years of age or over, must also complete the necessary application paperwork.

All applicants must be a minimum age of eighteen (18) years of age.

Rental History - Applicant- Applicant(s) must provide a lease and rental receipts if rental is/was from a private owner. An applicant may not have unresolved debts to current or previous landlord/mortgagor. If any of the following information is obtained on the rental history this application for residency will be rejected; debit(s) owed to previous Landlord/Mortgagor; repeated disturbance of neighbor’s peace; reports of unsavory or illegal activity (drugs, gambling, etc.); damage beyond normal wear and tear; reports of violence or threats to neighbors or landlord; allowing persons not on lease to reside in apartment; failure to give proper notice before moving; failure to make timely and correct rental payments.

Employment - Each- Each applicant must have verifiable current employment and a minimum 6 months’ employment history or a verifiable source of income. Full-time students may require a co-signer, proof of enrollment or graduation is required. Self-employed individuals must provide a financial statement from a CPA or previous year’s tax return.

Income - Gross- Gross income per individual or married couple must be 3 times the amount of the market rent. Roommates must qualify individually and are required to make 2.53 times the amount of market rent together. If not verifiable by their employer (prop name) will require a copy of the previous year’s tax return filed with the IRS or the past six (6) months of paycheck stubs or bank statements.

Fixed monthly obligations must not exceed 60% of income.

APPLICANT(S) INITIAL INDICATING ARGREEMENT TO TERMS ABOVE:

_________ ________ _________ ________ _____________

Leasing Agent Initials

Roommates – Each roommate must qualify individually and are required to make 3 times the amount of market rent together. at a minimum of 2.5 times the apartment’s market rent. Each roommate will be responsible for the entire rental payment and each must execute the lease agreement. No partial or split payments will be accepted.

Guarantor - A guarantor must complete an application and meet all leasing criteria and must make 4 times the apartment rental rate in monthly verifiable income. Co-signers must have current verifiable residency in the state of SC. Only applicants that are full-time students are eligible for a co-signer.

Credit - Each applicant’s credit report will be requested and processed. Account must be in good standing with creditors. All applicants must score above the established level to be approved. In the caseourse of a bankruptcy, good credit must be established since the bankruptcy.

Criminal History A criminal background check will be completed on all occupants age 18 and over. Applications can be rejected for any felony or violent crime, sexual crime convictions, weapon charges, crimes against persons, theft, property related, theft by check, crimes related to the sale or manufacturing of a controlled substance, or record of anything drug related. - A criminal background check will be completed on all occupants age 18 and over. Applications can be rejected for felony, sexual crime convictions, weapon charges, crimes against persons in addition to crimes related to the sale or manufacturing of a controlled substance. Rejected applicants have the right to request Management further evaluate found criminal records. In such cases, the Individual Assessment Criteria Form will be used to determine eligibility for admission to (prop name).

Occupancy – The following are the mandatory requirements: No more than two (2) occupants per bedroom in each floor plan. The following are the mandatory requirements:

One Bedroom – 32 Persons Two Bedroom – 54 Persons Three Bedroom – 76 Persons

Application Fee – A non-refundable fee of $___ will be submitted by applicant(s).

Administrative Fee – A non-refundable fee of $___ will be submitted by applicant(s), per apartment home.

Security Deposit – Applicant(s) have 72 hours to cancel their application(s) in writing and receive a refund of their administrative fee as detailed above. Application(s) can take longer than 72 hours to approve, as a result a 72hour written cancellation is not contingent upon the approval of the application.

Rental Payments – Rent is due on the 1st day of every calendar month. Rent received on day 2-5 of a calendar month are considered late rent. Rental payment received after the close of business on the day 5 of the calendar month will incur a $___ late fee plus forfeiture of concessions offered. Partial payments will not be accepted under any circumstances. Acceptable forms of payment include a personal check, cashier’s check or money order. Roommates must submit all monies on one form of acceptable payment. All returned checks will be assessed a NSF fee of $____ in addition to the $____ late fee and forfeiture of applicable concessions. Once an NSF fee is applied to a Rental Account, the only form of acceptable payment is a money order or cashier’s check for the remainder of the lease term.

Grills – The use of charcoal or gas grills is strictly prohibited at all times. There are designated grilling areas located on the property.

Vehicles – Two vehicles will be permitted per apartment home. Boats, trailers, commercial vans and/or trucks, campers and motorcycles will not be permitted on the property at any time, without management’s prior written approval.

APPLICANT(S) INITIAL INDICATING ARGREEMENT TO TERMS ABOVE:

_________ ________ _________ ________ _____________

Leasing Agent Initials

Water Items – Waterbeds and aquariums are only permitted with Management’s written approval. (prop name) requires proof and verification of renter’s insurance specifically outlining coverage for these items. This proof of renter’s insurance coverage will be required prior to the signing of your lease agreement. Proof of the Insurance Renewal will be required for each lease renewal.

Pets – Pets are defined as animals which include domestic cats, fish (maximum tank size is 50gals), birds and dogs. Dogs that are purebreds or mixes of the following breeds are prohibited: Akita, Alaskan Malamute, Chow-Chow, Doberman Pincher, German Shepard, Great Dane, Pit Bull, American Staffordshire Terrier, American Pit Bull, Staffordshire Bull Terrier, Rottweiler, Saint Bernard, Shar Pei, and Siberian Husky. All other animals are prohibited. All applicants must sign attached Pet Policy Acceptance Form to have a pet on property.

I / We have read and agree to the above criteria from which my/our application(s) will be approved.

___________________________________________ _______________

Applicant Date

___________________________________________ _______________

Applicant Date

___________________________________________ _______________

Applicant Date

___________________________________________ _______________

Applicant Date

Applicant(s) specifically authorizes and acknowledges that a criminal background check will be performed.

______ Applicant Initials ________ Applicant Initials

______ Applicant Initials ________ Applicant Initials

Individual Criminal Assessment Criteria

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(prop name) a NHE Managed Community

Individual Assessment Criteria

It is the policy of (prop name) to screen applicants, residents and household members for criminal history, and to reject applicants, or terminate the leases of residents, if it is determined that current or past criminal activity of an applicant, resident or household member may indicate a present threat to the health, safety, or right to peaceful enjoyment by other residents, property management staff or persons residing in the immediate vicinity of the facility.

All applicants and residents will be screened using (prop name) Criminal History Policy, detailed below.

Criminal History Policy:

Applicants must not have been released from a penal system for a felony in the last 5 years and must not have a criminal background that falls in the following criminal activity:

1. Eviction for Drug Related Criminal Activity: If the applicant or any household member has been evicted from federally assisted housing for drug sales or manufacture, the application will be rejected for 10 years. If the eviction was due to use or possession the application will be rejected for 5 years.

2. Illegal Drug Use: If the applicant or any household member is currently engaged in illegal use of a drug or shows a pattern of illegal use that may interfere with the health, safety, or right to peaceful enjoyment by other residents, the application will be rejected.

3. Alcohol Abuse: If a determination is made that the applicant or any 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, the application will be rejected.

4. Sex Offenders: If the applicant or any household member has a conviction or adjudication other than acquittal, for any sexual offense, the application will be rejected.

5. Sex Offender Registration: If the applicant or any household member is subject to registration under a state sex offender registration program, the application will be rejected.

6. Domestic Violence: If the applicant or any household member has a conviction or adjudication other than acquittal, for domestic violence, dating violence, sexual assault or stalking during the past 10 years, the application will be rejected.

7. Applicant's criminal history includes grounds for rejection as described in the Criminal History Policy below.

Criminal Activity:

Management has established a policy to reject all applications where the applicant or any household member has engaged in certain criminal activity or has been released within the past 5 years from a penal system.

The activities that will be grounds for rejection of an application include but are not limited to the following:

1. Any conviction or adjudication other than acquittal for generally violent crimes and felonies in all states, including but not limited to: criminal homicide, manslaughter, robbery, assault, arson within the last 99 years.

2. Any conviction or adjudication other than acquittal which involved injury or potential injury to a person within the last 99 years, or property within the last 10 years.

3. Any conviction or adjudication other than acquittal for the sale, distribution or manufacture of any controlled or illegal substance within the past 10 years.

4. Any conviction or adjudication other than acquittal involving illegal use or possession of any controlled or illegal substance within the last 5 years.

5. Any act which results in the person’s tenancy constituting a threat to the health or safety of other individuals, result in substantial physical damage to the property of others, or interfere with the peaceful and quiet enjoyment of the premises.

6. Any conviction or adjudication other than acquittal, for any sexual offense.

7. Registration on any state sex offender registry.

8. Any conviction or adjudication other than acquittal, which involved bodily harm to a child within the last 10 years. If offense was of sexual nature revert to #9.

9. Any conviction or adjudication other than acquittal, for domestic violence, dating violence, sexual assault or stalking, within the last 10 years.

10. Eviction for Drug Related Criminal Activity from federally assisted housing for drug related criminal activity within the last 10 years.

11. Alcohol abuse or pattern of abuse, of alcohol interferes with the health, safety or right to peaceful enjoyment of the premises by other residents.

An application will be denied if there is a history of habitual criminal activity, including misdemeanors, when the crimes for which the applicant has been convicted represent a risk to the safety of residents, staff, and/or property.

Individualized Assessment Criteria – Upon request by a rejected applicant, Management will evaluate the criminal record(s) of the applicant(s) to determine if the decision to reject the application should be reconsidered and admission offered to the applicant. This determination of suitability will include consideration of the following factors:

• The seriousness of the criminal offense;

• The level of violence, if any, of the offense for which the applicant was convicted;

• The relationship between the criminal offense and the safety and security of residents, staff, or property;

• The length of time since the offense, with particular weight being given to significant periods of “good” behavior;

• The age of the applicant at the time of the offense;

• The number of and nature of any other criminal convictions;

• Evidence of rehabilitation, such as employment, participation in a job training program, education, participation in a drug or alcohol treatment program, or recommendations from a parole or probation officer, employer, or social worker

• If applicable, tenancy supports or other risk mitigation services the applicant will receive during tenancy.

Management will work with law enforcement to follow-up on any criminal reports received for all criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises); or any criminal activity that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises.  And, if the criminal police reports indicate criminal activity which allows for the termination of tenancy, then eviction proceedings will be started.

I / We have read and agree to the above criteria from which my/our application(s) will be approved.

___________________________________________ _______________

Applicant Date

___________________________________________ _______________

Applicant Date

___________________________________________ _______________

Applicant Date

___________________________________________ _______________

Applicant Date

Applicant(s) specifically authorizes and acknowledges that a criminal background check will be performed.

______ Applicant Initials ________ Applicant Initials

______ Applicant Initials ________ Applicant Initials

NHE Pet Policy Acceptance

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PET POLICY ACCEPTANCE

FOR

(PROP NAME)

Date: ____________

Applicant Name(s): _________________________________________________________

Pet Name(s): _________________ Number of Pet(s): ___________

Animal Type: __________________ Animal Type: _______________

Breed/Weight: ____________________ Breed/Weight: _____________________

FEES

A one-time Non-Refundable Fee required when signing the Lease Contract.

One Pet = $300 Two Pets = $350

Monthly Fees to be submitted with Rental Payment.

One Pet = $25.00 Two Pets = $35.00

Definition of Acceptable Pet

Pets are defined as animals which include domestic cats, fish (maximum tank size is 50gals), birds and dogs. Dogs that are purebreds or mixes of the following breeds are prohibited: Akita, Alaskan Malamute, Chow-Chow, Doberman Pincher, German Shepard, Great Dane, Pit Bull, American Staffordshire Terrier, American Pit Bull, Staffordshire Bull Terrier, Rottweiler, Saint Bernard, Shar Pei, and Siberian Husky.

Acceptable Animal Sizes

Only the following combination of pets at full grown weight are allowed:

2 pets each under 40 lbs.

or

1 pet under 40 lbs. and 1 pet up to 65 lbs.

or

1 pet up to 65 lbs.

As an applicant, I understand the NHE Pet Policy. I also understand that all dogs are to be leashed, at all times. I am responsible for my dog’s waste, as are any of my guests that are walking my dog(s). I understand failure to follow these rules, and additional rules as detailed in the Apartment Lease Contract can result in my pet to be permanently removed from the premises. If I choose to not remove the pet, my Lease Contract will be terminated and I will be required to pay all early move out fees as described in the Apartment Lease Contract, section 11 on page 1.

___________________________________ ______________________________ ___________

Signature of Applicant Printed Name Applicant Date

___________________________________ ______________________________ ___________

Signature of Applicant Printed Name Applicant Date

NHE Employment Verification

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EMPLOYMENT VERIFICATION

for

(PROP NAME)

Employer _____________________________ HR Contact ___________________

Employer Phone # ___________________ Fax # _________________ Email _____________________

Printed Name of Applicant/Employee: ____________________________________

I, the undersigned, hereby authorize the above namedabove-named employer to release my employment and income information as requested below.

__________________________________ _________________

Applicant/Employee Signature Date

Applicant acknowledges without the completion of the requested information rental application will not be

approved. _____

Applicant Initials

TO BE COMPLETED BY EMPLOYER

The above namedabove-named Employee has applied for residency at (PROP NAME). To complete the application process Employment and Income verification is required. Please complete the section below and return via fax or email as soon as possible. We thank you in advance for your prompt attention.

Dates of Employment: From: ______ To: ______________

Gross Wages $ _______________ per ( ) hour ( ) week ( ) month

Total hours worked _______ per ( ) hour ( ) week ( ) month

Tips: $ ________________

Bonuses: $ ________________

Comments: _________________________________________________________________

___________________________ ___________________________

Signature of Employer Printed Name of Employer

_______________________ _________________

Title of Employer Date

PLEASE SEND COMPLETED FORMS TO (PROP NAME) at

(PROPERTY EMAIL) or (FAX NUMBER)

NHE Carpet Addendum

FLOORING ADDENDUM

FOR

(PROP NAME)

Date: ____________ Unit: ________

Residents Name(s): ____________________________ ____________________________________

____________________________ ____________________________________

Resident(s) are responsible for the care and maintenance of the carpet and vinyl flooring in their apartment home. It is recommended that the Resident(s) thoroughly document areas on the carpet or vinyl that have any stains, marks, tears or rips from the previous Resident on the move in inspection form. Anything undocumented will become the responsibility of the current resident.

The following steps can be completed to help keep your flooring clean and stain free throughout your lease term.

• Carpeted areas should be vacuumed at least 1 to 2 times per week. This prevents dirt from getting ground into the fibers, thus creating a traffic area, which cannot be cleaned/removed.

• In the event of spillage, of brightly colored items such as Kool-Aid, it is important to be cautious of using most store-bought cleaners, as these products can remove the coloring from the carpet fibers. In addition, these items can also spread the stain and make the soiled area larger.

• Using a clean towel, first blot the area. Use a clean cloth with cold water to gently rub the stain. This will prevent the stain from setting into the fibers.

• Contact the Management office, as soon as possible, to schedule a professional carpet cleaning. This will be at the cost of the Resident, no exceptions.

• Avoid using any cleaners or chemicals with bleach (Clorox) or paint removers in them as these products will permanently damage the carpet.

• For spills on vinyl flooring soak it up immediately. Especially the product has chemicals in it like. Chemicals can dull the finish of the flooring, thus requiring the entire floor be replaced.

• NHE does not patch carpet or vinyl. If a Resident accidently stains or tears the flooring the Resident(s) is responsible for the replacement of the flooring. Replacement is based on the prorated remaining life of the flooring. All NHE flooring items have a 5-year life span, therefore the resident will be responsible for the cost of the remaining life of flooring, minus the months that the resident has occupied the unit.

• We recommend an entry rug to help reduce tracking in oil, mud or other debris that could be tracked throughout the apartment home.

As a Resident of ________________________, I/We understand the NHE Flooring Policy. I/We also accept responsibility for the cost of replacement in the event the flooring cannot be cleaned.

_________________________ ________ ______________________________ ___________

Signature of Resident Date Signature of Resident Date

_________________________ _________ ______________________________ ___________

Signature of Resident Date Signature of Resident Date

__________________________________ _____________

Signature of NHE Representative Date

Rental Verification

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RENTAL VERIFICATION

FOR

(PROP NAME)

Date: ____________ Attention: _____________________ (Representative with Current Property/Landlord) Property/Landlord Name: _______________________________________

Property/Landlord Phone#: ______________ Email: ________________ Fax#: ________________

The applicant listed below has applied for residency with (prop name). To process this application, it is necessary for us to obtain the following information on current/past rental history. Please complete the section below and return via email or fax to our office. We thank you in advance for your prompt attention to this matter.

PLEASE RETURN COMPLETED FROM TO PROPERTY EMAIL@nhe- or FAX #

Applicant Name: _________________________________________________________

Applicant Current Address: _________________________________________________

Please release rental history associated with the rental of the address listed above:

______________________________ _________

Signature of Applicant Date

COMPLETED BY LESSOR

Dates of Residency from: _______________ To: _______________

Monthly Rental Amount: $________________

Number of Late Payments: ________ Number of NSF Checks: ________

Number of Court Filings: ______ Number of Evictions Filed: _______

Please detail any Lease Violations and/or Noise Complaints: _________________________________

__________________________________________________________________________________

Does this Resident have Pets? yes ___ no ____ Number ____ Type/Breed _________

Has this Resident adhered to your Pet Policy? yes ___ no ____ if no please explain

_______________________________________________________________________

Was proper notice provided by Resident: yes ___ no ___

Is Resident eligible to renew lease/re-rent? Yes ___ no____ if no please explain ___________________

____________________________________________________________________________________

____________________________________ ______________________________ ___________

Signature of Lessor Printed Name of Lessor Date

PLEASE RETURN COMPLETED FROM TO PROPERTY EMAIL@nhe- or FAX #

NHE Communication Log

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COMMUNICATION LOG

|DATE |DETAILS OF RESIDENT CALL/VISIT |EMP |

| | |INITIALS |

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Resident File Checklist

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Resident File Checklist

Left Side Right Side

[from top to bottom] [from top to bottom]

| |Communication Log Resident File Checklist | |Lease AgreementRent Concession Addendum |

| |Resident File Checklist Communication Log | |Rent Concession AddendumLease Agreement |

| | | |Buy Out Addendum |

| | | |Animal AddendumBuy Out Addendum |

| | | |Utility and Services AddendumAnimal Addendum |

| | | |Bed Bug AddendumUtility and Services Addendum |

| | | |Mold Information and Prevention AddendumBed Bug Addendum |

| | | |Satellite Dish AddendumMold Information and Prevention Addendum |

| | | |Community Policies, Rules and RegulationsSatellite Dish Addendum |

| | | |Garage and Storage Addendum |

| | | |Lead Base Paint AddendumCommunity Policies, Rules and Regulations|

| | | |Asbestos AddendumLead Base Paint Addendum |

| | | |Lease Addendum Liability Insurance RequiredAsbestos Addendum |

| | | |Additional CorrespondenceLease Addendum Liability Insurance |

| | | |Required |

| | | |Proof of Renter’s InsuranceAdditional Correspondence |

| | | |Electricity & Gas ConfirmationsProof of Renter’s Insurance |

| | | |Welcome FormElectricity & Gas Confirmations |

| | | |Rental Application (s)Welcome Form |

| | | |Core Logic Background CheckRental Application (s) |

| | | |Rental/Residency VerificationCore Logic Background Check |

| | | |Employment VerificationRental/Residency Verification |

| | | |Copies of Paystubs or VerificationEmployment Verification |

| | | |Pet Policy AcceptanceCopies of Paystubs or Verification |

| | | |Inventory and Condition FormPet Policy Acceptance |

| | | |Inventory and Condition Form |

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Welcome Letter

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Welcome Home to

(prop name)

Mr./Mrs./Ms. _________________________; __________________________; _________________________;

Resident Name Resident Name Resident Name

_________________________; your new address is ___________________________________________

Resident Name Apt. #, Street

_______________________________________________________________________________________________________________________________________

City State Zip Code Zip Code

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MONTHLY AND ONE-TIME RENTAL FEES AND CHARGES

Monthly

Charges Deposits

Rent $____________ Security Deposit $__________

Pet Rent $____________

Water/Sewer $____________ Non-Refundable

Trash $____________ Fees

Pest Control $____________ Application Fee $___________

Misc. $____________ Admin Fee $___________

Concession ($____________) Pet Fee $___________

Total Monthly *NWP Set Up Fee $___________

Amount Due $___________ *Where applicable

[pic]PRORATED MOVE-IN COSTS

Rent $________ Dates ______ to ______

Water/Sewer/Trash $_______ Security Deposit $_________

Pet Rent $_______ Pet Fee $_________

Total Due at Move-In $_______ along with Proof of Electric Account and *Renters Insurance

Total due at Move-In, must be paid on or before the start date of lease IN MONEY ORDER OR CASHIERS CHECK

Specials (when applicable) _______________________________________________________________________ _______ Mgr. Initials Mgr. Initials [pic]

UTILITY CONTACTS

Residents are responsible for contacting the following service providers:

(ACCOUNT NUMBER MUST BE PROVIDED AT MOVE IN)

Electricity* - SCE&G 800-251-7234 (ACCOUNT NUMBER MUST BE PROVIDED AT MOVE IN)

TV/Phone/Internet – Comcast/Xfinity 800-331-6489

______________ ____

Electric Account Number Rec’d By

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INSURANCE

*RENTERS INSURANCE IS REQUIRED FOR THE DURATION OF THE LEASE. YOU MAY USE ANY INSURER. POLICY MUST CONTAIN A MINIMUM $100,000 IN LIABILITY COVERAGE. A copy of the policy’s declaration page is required for the lease file.

____________________________ ____

Policy Number Rec’d By

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POTENTIAL MOVE-IN DELAYS

➢ KEYS WILL NOT BE GIVEN WITHOUT THE FOLLOWING

o PROOF OF INSURANCE, DECLARATIONS PAGE

o ELECTRIC ACCOUNT NUMBER AND START DATE

o LEASE SIGNED BY ALL LEASE HOLDERS ON/OR BEFORE MOVE-IN DATE

o COMPLETED INCOME, EMPLOYMENT AND RENTAL VERIFICATIONS MUST BE RECEIVED

➢ SECURTIY DEPOSIT MONIES MUST BE IN THE FORM OF CERTIFED FUNDS, ALL PAYMENTS ARE TO BE MADE PAYABLE TO (PROP NAME)

• All required fees must be paid in certified funds at the time of application in order to reserve an apartment home.

• All Applicants over the age of 18 must complete an application and pay all applicable fees.

• An appointment date and time must be set for signing of the lease. All lease holders must be present at time of appointment. Keys cannot be provided without all signatures.

• All Application and Rent fees and Security Deposits must be received prior to receipt of keys.

• Cancelation of this reservation is required within 72hrs to receive Administration fee back. Application Fee is non-refundable.

• PETS: Breed restrictions include any mix of Akita, Bull Terrier, Chow, American Staffordshire Terrier, Doberman, German Shepard, Husky, Pitt Bull, Presa Canario, Rottweiler and Wolf Hybrid. Maximum size at maturity to not exceed 50lbs.

By signing below, you are certifying that you have read and agree to all ofall the above information.

_____________________________________________________________________

Applicant Signature Applicant Printed Name Date

_____________________________________________________________________

Applicant Signature Applicant Printed Name Date

_____________________________________________________________________

Applicant Signature Applicant Printed Name Date

_____________________________________________________________________

Applicant Signature Applicant Printed Name Date

_____________________________________________________________________

NHE Representative Date

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Improving homes and lives everyday

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Improving homes and lives everyday

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Improving homes and lives everyday

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Improving homes and lives everyday

|Name of Leasing Agent (Print) | |Date |

|Name of Community Manager (Print) | |Date |

|Signature of Community Manager | |Date |

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Improving homes and lives everyday

Move-In Date ___________ Lease Term ____mos. Lease Date from_________ to _______

Apartment Type ________ Rent Amount $_______

NHE Use Leasing Agent _______________ Unit #_______ Unit Type__________

Manager Approval __________ Entered in Yardi by______ Date________

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