TENANT SELECTION PLAN FOR THE HOUSING AUTHORITY …



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SECTION 8 PROJECT BASED RENTAL ASSISTANCE AND LOW INCOME HOUSING TAX CREDIT PROGRAMS TENANT SELECTION PLAN

The Section 8 Program was authorized by Congress in 1974 and developed by the U.S. Department of Housing and Urban Development (HUD) to provide rental assistance for eligible tenant families (including single persons) residing in newly constructed, rehabilitated and existing rental and cooperative apartment projects. This Tenant Selection Plan is applicable to The Housing Authority of the City of El Paso (HACEP) Section 8 Project Based Rental Assistance and Low Income Housing Tax Credit properties.

PROJECT ELIGIBILITY

HACEP owns and manages properties designated for the elderly, disabled, and families. To be eligible for Project Based Rental Assistance (PBRA) and Low Income Housing Tax Credit (LIHTC) properties, as set forth in IRS Section 42 of the United States Code and the Tax Credit Restrictive Covenant/ LURA. Applicants must meet basic requirements concerning familial status. These requirements are outlined below.

A Family is:

Either a single person or a group of persons includes:

• A household with or without children. A child who is temporarily away from home due to placement in foster care should be considered a member of the family.

• A displaced family, which is a family in which each member or the sole member is a person displaced by governmental action, or whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized by federal disaster relief laws.

• A remaining member of a tenant family is a family member of an assisted tenant family who remains in the unit when other members of the family have left the unit.

• A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a tenant family.

An Elderly Family is a:

• Family whose head or spouse or sole member is a person who is at least 62 years of age; or

• Two or more persons who are at least 62 years of age living together; or

• One or more persons who are at least 62 years of age living with one or more live-in aides.

A Disabled Family is a:

• Family whose head or spouse or sole member is a person with disabilities;

• Two or more persons with disabilities living together;

• One or more persons with disabilities living with one or more live-in aides.

CITIZENSHIP

Only U.S. citizens or eligible non-citizens may receive assistance. This means that at least one family member must be able to provide proof of citizenship or eligible non-citizen status. If some family members are not able to provide proof of citizenship, housing assistance will be prorated accordingly, based on the number of confirmed eligible family members. Applicants must submit required citizenship/immigration status documentation no later than the initial date of verification of eligibility. If applicant cannot supply the documentation within the timeframe an extension of not more than 30 days may be given, but only if applicant certifies that documentation is temporarily unavailable and additional time is needed to collect and submit the requested documentation.

SOCIAL SECURITY NUMBER REQUIREMENTS

In accordance with 24 CFR 5.216, applicants and participants (including each member of the household) are required to disclose assigned SSNs, with the exception of the following individuals:

• Those individuals who do not contend to have eligible immigration status (individuals who may be unlawfully present in the United States). These individuals in most instances would not be eligible for SSN.

• A family that consists of a single household member (including a pregnant individual) who does not have eligible immigration status is not eligible for housing assistance and cannot be housed.

• A family that consists of two or more household members and at least one household member that has eligible immigration status, is classified as a mixed family, and is eligible for prorated assistance in accordance with 24 CFR 5.20.

• Existing program participants as of January 31, 2010, who are 62 years of age or older, and had not previously disclosed a valid SSN. This exception continues even if the individual moves to a new assisted unit.

HACEP will request the applicant and participant (including each member of the household), who are not exempt under the guidelines, to provide documentation of each disclosed SSN. Acceptable evidence of the SSN consists of:

• An original SSN card issued by SSA or an original SSA-issued document, which contains the name and the SSN of the individual, or

• An original document issued by a federal, state, or local government agency, which contains the name and the SSN of the individual, such as:

• IRS Form 1099 or W-2 Form;

• Benefit award letters from government agencies;

• Medicaid cards;

• Unemployment benefit letter;

• Court records such as real estate, tax notices, marriage and divorce, judgment or bankruptcy records;

• Verification of Social Security benefits with the Social Security Administration (SSA).

Applicants who have not disclosed and/or provided verification of SSNs for all non-exempt household members have 90 days from the date they are first offered an available unit to disclose and/or verify the SSNs. During this 90 day period, if the applicant is unable to disclose and/or verify the SSNs for all non-exempt household members, the applicant will be determined ineligible and removed from the site based waiting list. The SSN requirements do not apply to persons not claiming immigration status.

Failure to disclose all Social Security Numbers as required or certify that a family member does not have a number is cause for denial of admission or termination of assistance, subject to the family’s right to an informal review or hearing.

All family members claiming eligible immigration status and requesting assistance, regardless of age, must disclose and document their SSN prior to admission. Applicants who cannot provide SSNs for all family members requesting assistance may retain their position on the site based waiting list.  However, appropriate documentation of a SSN for all family members claiming eligible citizenship status must be provided before the household can be admitted.

PROGRAM ELIGIBILITY

a. Income Eligibility for Admission

No family other than a low-income family as defined in regulations is eligible for admission to low-rent units. At least 40% of new admissions annually must be extremely low-income families (families whose incomes fall at or below 30% of the local area median income). This includes families who, at the time of application and/or admission, have no countable income. The Income Limits vary by family size and are posted in each office.

Applicants being processed for a Low Income Housing Tax Credits (LIHTC) unit will be advised of the income limit restrictions of the development, used to determine eligibility for occupancy. The applicant will be asked to complete and sign a Release of Verification Form for use for retrieving third-party asset and income information. This information is necessary to complete the Tenant Income Certification.

b. Family Income

A family’s annual income, at the time of admission, may not exceed the income limits established by HUD and published in the Federal Register applicable to HACEP’s jurisdiction, for the current year.

Generally, HACEP will complete verification of income eligibility approximately 60 to 90 days prior to the family being offered a unit. However, any change in income, family size, or composition can occur during the period of time between that verification and the offer of housing. Since such changes can affect eligibility, the family must immediately report such changes so that the correct rent and unit size can be determined. If a change in family size, or composition occurs applicant’s place in the site based waiting list will remain according to original date and time of application submission until the correct unit size becomes available.

Eligibility for LIHTC units will be verified using documentation received by third parties, or paychecks, bank statements, benefit statements collected by Tenants. Tenants in any development that has been financed by tax credits or other mixed financing will be required to meet all eligibility requirements as set out by applicable Federal law and regulations, as well as IRS Section 42 and HUD Handbook 4350.3.

c. Records of admissions of low-income families will be maintained by HACEP to ensure that admission requirements and targets are met.

HACEP will count all persons living in the unit except live-in aides and guests. HACEP will include the following as members of the household:

➢ Children in joint custody arrangements who are present in the household 50% or more of the time (including foster children and foster adults).

➢ Unborn children of pregnant women

➢ Children who are away at school but who live with the family during school recesses.

➢ Children who are in the process of being adopted.

➢ Temporarily absent family members who are still considered family members (for example, a member of the household who is working in another state on assignment, hospitalized, or in rehab).

➢ Family members in the hospital or rehabilitation facility for periods of limited or fixed duration.

APPLICATION AND SITE BASED WAITLIST PROCESS

All persons interested in Project Based Rental Assistance, or Low Income Housing Tax Credit must complete the pre-application online at . TDD telecommunication is available by calling the TDD number (915)849-3737. The Housing Authority of the City of El Paso, Texas does not discriminate on the basis of race, color, religion, national origin, gender, familial status, sexual orientation, marital status, or disability.  If an applicant is a person with a disability and requires a specific accommodation in order to fully utilize the programs and services provided by HACEP, please contact the Equal Opportunity Compliance Officer at (915) 849-3820. Each applicant must complete an online Pre-Application for Admission form located at .

HACEP will review the information on the Application for Admission and if the applicant appears to be eligible for assistance, the applicant will be placed on the site based waitlist in the order in which the application is received. Accepting an application and placing an applicant’s name on the site based waitlist does not guarantee that the applicant will be offered housing.

The following information is listed on the site based waitlist: Date, Time, Name of Head of Household, Applicable Program, Annual Income Level, and Identification of the Need for an Accessible Unit, Preference Status, and Unit (Bedroom) Size. HACEP maintains site based waitlist specific to the Project Based Rental Assistance program; however, the applicant may choose to apply for other housing programs which may be taking applications.

Only one application shall remain open per family for the same program. Applicants will be notified of duplicate applications. HACEP will also inform applicants of any other housing assistance programs HACEP administers. If the applicant is interested, HACEP will advise the applicant how and where to apply for those programs. HACEP will also advise applicants about housing assistance programs in other localities, where available. As units of the appropriate size become available, applicants will be selected from the Waitlist in chronological order to fill vacancies.

The site based waitlist may be closed and applications may be suspended when the average wait for one or more unit sizes is one year or more. A notice will be posted on the front door of the Office, and the HACEP will publish a notice to that effect in the local newspaper(s). The notice will state the reason(s) for the HACEP’s refusal to accept additional applications. When the HACEP decides to re-open the site based waitlist, this action will be announced in the same manner and in the same publication as the notification that the site based waitlist is closed. The rules for applying and the order in which applications will be processed will be stated in this notice.

It is the HACEP’s policy to remain in compliance with HUD guidelines regarding admission. There are several factors applicable to any and all applicants that could affect your position on the Site Based Waitlist. If there are any changes in regards to the Preferences or priorities that have been established in this plan that could negatively affect any active applicant on the site based waitlist, all of the active applicants will be notified in writing of the change of policy.

An applicant may be removed from all site based waitlists for one or more of the following reasons:

1. The applicant fails to respond to a written notice for an eligibility interview.

2. The applicant rejects the one unit offer.

3. Mail sent to the applicant’s address is returned as undeliverable; or

4. The unit that is needed – using family size as the basis – changes, and no appropriate size unit exists in the property.

When an applicant is selected from the site based waitlist, a full application will be completed through an eligibility interview. Qualified applicants are those who meet the program’s eligibility requirements, the project’s eligibility requirements, and the HACEP’s screening criteria. All questions must be answered truthfully, and the answers must apply to all prospective household members. If any question is not answered truthfully and/or if any relevant information is omitted, it is grounds to deny the application. Furthermore, if such conduct is discovered after the applicant has been admitted, it is grounds for immediate lease termination.

HACEP’s screening process will begin when it is estimated that the applicant, if approved, could be offered housing. The applicant will be contacted in writing, and if the applicant does not respond within time limit noted on the written notice to arrange an interview, the applicant will be removed from all site based waitlists for non-response. The applicant will be informed in writing and will be given thirty (30) days from the date of the removal notice to respond. When the applicant does contact HACEP to arrange an interview, the following documentation must be completed as part of the interview if it has not already been completed during the prior application process:

➢ Submit proof of identification for all household members who are eighteen (18) or older – a valid Driver’s License or State ID card (must include a picture of the family member)

➢ Submit a Birth Certificate for all members of the household

➢ Submit a Social Security card or other valid proof of a social security number for all household members

➢ Sign verification forms for documentation of Income/Assets/Expenses, as applicable

➢ Sign the Section 214 forms: Declaration of Citizenship, Family Summary, Verification Consent form (if applicable)

➢ If the Head or Co-head of Household is a full-time student, submit proof of having established a household separate from parents or legal guardians for at least one year prior to application for occupancy or the individual meets the US Department of Education’s definition of an independent student

➢ If the Head or Co-head of Household is a full-time student, the individual must not be claimed as a dependent by parents or legal guardians pursuant to IRS regulations and must provide a certification of the amount of financial assistance that will be provided by parents, guardians, or others signed by the individual(s) providing the support

➢ Complete the Document Package for applicant’s/Tenant’s Consent to the Release of Information (Form HUD 9887/9887-A)

➢ Sign a consent to release all relevant criminal information for each adult member of the applicant family

➢ Complete the Race and Ethnic Data Reporting form (Form HUD-27061-H) for each household member (optional for the applicant to complete, but if the applicant refuses, the applicant should note the refusal on the form)

EIV SYSTEM

In accordance with 24 CFR 5.233 HACEP will use HUD’s Enterprise Income Verification (EIV) system to run the Existing Tenant Search when processing a PBRA application to determine if any applicant household member may be currently residing and/or receiving assistance through another Multifamily Housing or Public and Indian Housing (PIH) program. EIV data will not be utilized to verify tenant income for LIHTC program families.

EIV will be used to verify Social Security & Supplemental Security benefits for unless the tenant disputes the information. HACEP will verify if the applicant previously received assistance through a federally assisted program to determine of the individual owes a debt to another HACEP, or has been terminated or evicted from the public housing and the Housing Choice Voucher programs.

Information obtained through the EIV will be compared to documents provided by the family. When there is a substantial difference (substantial difference is defined as a difference of more than $200 per month per source of income), the HACEP will resolve the discrepancy by contacting the source of the income directly. When there is not a substantial difference, the HACEP will use the higher of income verified through EIV or documents provided by the family.

OCCUPANCY STANDARDS

It is the policy of HACEP to rent apartments based on the following Occupancy Standards: two persons per bedroom.

|Bedroom Size |Minimum # of Persons |Maximum # of Persons |

|1 |1 |2 |

|2 |2 |4 |

|3 |3 |6 |

|4 |4 |8 |

|5 |5 |10 |

|6 |6 |12 |

When determining the size of the unit that would be appropriate for a particular family, HACEP will count the following as members of the household:

➢ All full-time members of the family;

➢ All anticipated children (children in the process of being adopted by an adult family member; children whose custody is being obtained by an adult family member; and children in joint custody arrangements who are present in the household 50% or more of the time).

➢ A live-in aide;

➢ Foster adults living in the unit;

➢ Adults on active military duty.

HACEP will not count non-family members such as permanently institutionalized family members or visitors.

A single person will not be permitted to occupy a unit with two or more bedrooms except for the following persons:

➢ A person with a disability who needs an extra bedroom as a reasonable accommodation.

➢ A displaced person when no appropriately sized unit is available.

➢ An elderly person who has a verifiable need for a larger unit.

➢ A remaining family member of a Tenant family when no appropriately sized unit is available.

Low Income Housing Tax Credit (LIHTC) mixed-finance properties and the occupancy rules for these properties are subject to restrictions as required by the IRS Section 42, TDHCA (including the tax credit application), the Land Use Restriction Agreement, the Extended Use Agreement, and the project documents including but not limited to the Regulatory & Operating Agreement, as well as HUD rules.

TRANSFERS

HACEP will not discriminate against any person at any stage of the transfer process because of race, color, religion, sex, age, disability, familial status, national origin, or marital status. HACEP will with non-discrimination requirements, 24 CFR 8, applicable laws and Executive Orders.

HACEP administers a centralized transfer waitlist for disability-related and medically-necessitated transfers. All other transfer requests will be processed, managed, and administered at the property level. Under certain circumstances, HACEP may request a tenant to transfer to a unit of the appropriate size once a unit is available. Priority for transfer for other than disability and medically necessitated transfers and the order in which families are transferred are subject to the hierarchy by category as follows:

Ø Emergency

Ø Safety

Ø Hardship

Ø A change in family composition/size

These transfers shall take priority over new admissions. When the transfer is required by HACEP, refusal without good cause may result in termination of assistance. Whenever feasible, transfers shall be made within a Tenant’s area and on a case-by-case basis. HACEP may periodically review the Transfer List to determine if a past request meets current priorities.

Reasonable Accommodations

Reasonable accommodations are exceptions to rules, policies, and procedures that allow a person with a qualifying-disability related need to use and enjoy a dwelling and comply with lease requirements. Requests for reasonable accommodations, to include disability-related transfer requests will be submitted to the Equal Opportunity Compliance Officer through site management for processing in accordance with established HACEP Policy for Disability Accommodations and Modifications.

Reasonable Accommodations Transfers

If a Tenant makes a written request for special dwelling unit features in support of a documented disability, HACEP may modify Tenant's existing dwelling unit. If the modifications needed are similar to those existing in a fully accessible dwelling unit, HACEP may transfer Tenant to another dwelling unit with the features requested. Requests for reasonable accommodations from applicants and Tenants with disabilities will be considered. Reasonable accommodations include, for example, those that are necessary for a person with a disability to use and enjoy a dwelling. To show that a requested accommodation may be necessary, there must be an identifiable relationship, or nexus, between the requested accommodation and the individual’s disability.

Transfers to appropriate unit size

Tenant agrees that if HACEP determines that the size or design of the dwelling unit is no longer appropriate to Tenant's needs, HACEP shall send Tenant written notice. Tenant further agrees to accept a new Lease for a different dwelling unit of appropriate size or design anywhere in HACEP’s jurisdiction. One offer will be made for such a move; the refusal of the Tenant to move to a new unit shall result in Tenant being responsible for paying HUD approved market rent.

LIHTC Transfers

LIHTC families transferring to a unit in a different building will be treated as a new household. Therefore a new initial certification consisting of the current household information and income limits will be completed to determine eligibility for the unit. LIHTC families transferring to a unit within the same building will not require the completion of a new initial certification.

FAIR HOUSING AND REASONABLE ACCOMMODATIONS

The Fair Housing Act prohibits discrimination in housing and housing related transaction based race, color, religion, national origin, sex, disability and familial status. It applies to housing, regardless of the presence of federal financial assistance. 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.HUD regulations at 24 CFR 5.105(a) (2) Equal Access to Housing further ensures that its programs are open to all eligible individuals and families regardless of sexual orientation, gender identity or marital status.

Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance from the Housing and Urban Development (HUD). Under Section 504, HACEP will make reasonable accommodations in policies, procedures, services, and facilities, if necessary, to afford a person with disabilities equal opportunity to use and enjoy a dwelling unit or the common areas and facilities of the property.

HACEP appreciates any information that individuals with disabilities provide during the application, screening, admission, or residency process regarding accommodations that it can make in policies, procedures, services or facilities to make the program or its services more accessible. All requests should be reduced to writing and will be reviewed by the Equal Opportunity Compliance Officer.

ELIGIBILITY OF STUDENTS

A student’s eligibility for Project Based Rental Assistance (PBRA) will be determined at move-in, annual recertification, initial certification (when an in-place tenant begins receiving Section 8), and at the time of an interim recertification if one of the family composition changes reported is that a household member is enrolled as a student.

For a student to be eligible independent of his or her parents (where the income of the parents is not relevant), the student must demonstrate the absence of, or his or her independence from, parents. Additional criteria for determining the student’s independence from parents will be used. The student must meet, at a minimum all of the following criteria to be eligible for Project Based Rental Assistance:

a. Be of legal contract age under state law;

b. Have established a household separate from parents or legal guardians for at least one year prior to application for occupancy, or, meet the U.S. Department of Education’s definition of an independent student.

c. Not be claimed as a dependent by parents or legal guardians pursuant to IRS regulations; and

d. Obtain a certification of the amount of financial assistance that will be provided by parents, signed by the individual providing the support. This certification is required even if no assistance will be provided.

Any financial assistance a student receives (1) under the Higher Education Act of 1965, (2) from private sources, or (3) from an institution of higher education that is in excess amounts received for tuition is included in annual income, except if the student is over the age of 23 with dependent children or if the student is living with his or her parents who are receiving Project Based Rental Assistance.

Assistance will not be provided to any individual who:

a. Is enrolled as either a part-time or full-time student at an institution or higher education for the purpose of obtaining a degree, certificate, or other program leading to a recognized educational credential;

b. Is not married;

c. Is not a veteran of the United States Military;

d. Is not a person with disabilities, as such term is defined in 3(b)(3)(E) of the United States Housing Act of

1937 (42 U.S.C. 1437a (b) (3) (E) and was not receiving section 8 assistance as of November 30, 2005.

e. Is not living with his her parents who are receiving Section 8 assistance; and

f. Is not individually eligible to receive Section 8 assistance AND has parents (the parents individually or jointly) who are not income eligible to receive Section 8 assistance.

If an ineligible student is a member of an existing household receiving Project Based Rental Assistance, the assistance for the household will not be prorated but will be terminated in accordance.

Low Income Housing Tax Credit (LIHTC) defines a student as someone who attends school full time for any part of five or more months in a calendar year (months need not be consecutive).

A student’s eligibility for LIHTC will be based on the Full-Time Student Rule. Generally, a household won’t qualify for a LIHTC unit if the household is comprised entirely of full-time students. Exceptions to the Full-Time Student Rule:

a. One tenant is not a full-time student;

b. Receives Title IV of Social Security Act (TANF);

c. Is enrolled in Job Training Partnership Act program or similar program;

d. Was previously a foster child (effective after 07/31/2008);

Exceptions for a unit comprised entirely of full-time students are:

a. Single parents and their dependent children (but parent and children can’t be dependents of another individual), OR…

b. Tenants are married and file joint tax return (or able to file a joint tax return).

Student status must be verified by the institution’s registrar’s office, status will be verified on a semester basis, annual recertification (by the anniversary of the household’s initial move in date into the unit).

VIOLENCE AGAINST WOMEN ACT

VAWA 2013 is designed to protect both child and adult victims of domestic violence, dating violence, sexual assault, and stalking. VAWA 2013 expands protections relating to the prohibition of terminating assistance because of criminal activity directly relating to domestic violence, dating violence, sexual assault, and stalking by replacing the term “immediate family member” with “affiliated individual.” If the tenant or affiliated individual is the victim of the above-described criminal activity, the activity cannot be cause for terminating assistance, tenancy, or occupancy rights.

VAWA 2013 mandates that if a lease is bifurcated and the removed tenant or occupant was the sole person eligible to receive assistance in the covered HUD program, the Housing Authority of the City of El Paso (HACEP), owner, or manager must provide remaining tenants with the opportunity to establish eligibility under the HUD program providing assistance. If the tenant is unable to establish eligibility, the HACEP, owner, or manager must provide the tenant with a reasonable amount of time to find new housing or establish eligibility under a different housing program. HUD will provide through later guidance or regulations what constitutes a reasonable amount of time.

SCREENING FOR SUITABILITY

HACEP’s screening process consists of verification of all of the applicable information that is provided by the applicant. In addition, the applicant screening process includes the screening criteria listed below:

The applicant must be able to:

➢ Pay rent and other housing obligations in a timely manner;

➢ Maintain an apartment in a safe, decent and sanitary condition;

➢ Refrain from interfering with the rights and quiet enjoyment of other Tenants;

➢ Report all changes in income and family composition in a timely and accurate manner;

➢ Comply with the lease terms that no individual may live in the unit without prior written permission of HACEP.

The applicant will be prohibited admission if the applicant’s household includes the following or the following circumstances apply:

➢ A member who was evicted in the last three (3) years from federally assisted housing for drug-related criminal activity except under the following circumstances:

o The evicted household member has successfully completed an approved, supervised drug rehabilitation program; or

o The circumstances leading to the eviction no longer exist (e.g., the household member no longer resides with the applicant household)

➢ A member who is currently engaged in illegal use of drugs or for which HACEP has reasonable cause to believe that a member’s illegal use pattern of illegal use of a drug may interfere with the health, safety, and right to peaceful enjoyment of the property by other Tenants.

➢ If there is reasonable cause to believe that a member’s behavior, form abuse or pattern of abuse of alcohol, may interfere with the health, safety, and right to peaceful enjoyment by other Tenants; the screening standards are based on behavior, not the condition of alcoholism or alcohol.

➢ Persons who have ever been convicted for manufacture or production of methamphetamine on the premises of federally assisted housing.

➢ If, within the past three (3) years, a member has been released from a State or Federal prison;

➢ If a member owes money to any Housing Authority in the United States.

➢ If a member is subject to a lifetime sex offender registration program in any state.

HACEP will conduct a criminal background checks on members of the household ages 10 and up. HACEP will use the Dru Sjodin National Sex Offender Database to obtain information from individual state sex offender registries and/or other available national, state, or local resources. Other local law enforcement agency databases will be utilized as well.

Criminal background screenings will also be performed on juvenile members of the household (ages 10 years and up) to the extent allowed by state and local laws. Parents of minors will be required to sign a HUD-approved release and consent form authorizing the criminal background screenings on juvenile members of the household.

HACEP will require the family head of house and such other family members eighteen (18) years of age and older to execute a HUD-approved release and consent form authorizing any depository or private source of income, or any Federal, state, or local agency, to furnish or to release to HACEP and to HUD such information as HACEP or HUD determines to be necessary.

Criminal history screenings will be performed during the admission certification, and during the annual re-certification. If the re-certification screening reveals that the tenant has falsified information or otherwise failed to disclose criminal history on his/her application and/or recertification forms HACEP will pursue eviction or termination of assistance.

Criminal activity criteria

HUD regulations at 24 CFR 5.856 prohibit admission after June 25, 2001, if any member of a household is subject to a State lifetime sex offender registration requirement. This regulation reflects a statutory prohibition. A household receiving assistance with such a member is receiving assistance in violation of federal law. If discovered that a household member was erroneously admitted (the household member was subject to a lifetime registration requirement at admission and was admitted after June 25, 2001), HACEP must immediately pursue eviction or termination of assistance for the household member.

Criminal background checks must be performed in the state in which the housing is located and for states where the applicant and members of the applicant’s household may have resided.

Failure to accurately respond to any question during the application process is cause to deny the family admission. Additionally, PHAs and O/As must ask whether the applicant, or any member of the applicant’s household, is subject to a lifetime sex offender registration requirement in any state.

HACEP will determine, in accordance with screening standards, whether the applicant and the applicant’s household members meet the screening criteria. If the processes described above reveal an applicant’s household includes an individual subject to State lifetime sex offender registration, HACEP will offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, HACEP must deny admission to the family. An applicant will be given a written rejection notice if denial of admission should occur.

1. In addition to criminal history screenings HACEP will also determine credit worthiness from a credit report which should reflect prudent payment history. Applicant shall provide information necessary to verify current and previous housing or rental history.

1.

Outstanding bad debt reported from a Credit Bureau. Verifiable “Landlord Debt” will result in denial.

An applicant has the right to appeal a decision and to have the appeal heard by someone other than the staff person who made the initial decision to deny the application.

The appeal will be determined either by an independent review of the applicant’s application and other documentation in the application file, by an informal hearing or by both. An applicant desiring to appeal must either furnish the appeal in writing to the Supervisory Property Manager or request a meeting (in writing) within ten (10) days from the date of the denial of the application. No particular form is required for the appeal; however, it must be in writing and signed by the applicant. The applicant may also present documents or testimony as evidence to support the appeal, if desired.

A decision on an applicant’s appeal will be made promptly. A final written decision will be mailed to the applicant within ten (10) business days after the requested meeting or the receipt of the applicant’s written appeal by the Supervisory Property Manager. The applicant will be notified in writing of the decision to uphold the original ineligibility decision or to reverse that decision and accept the application. The appeal decision is final.

PREFERENCES

HACEP will select and house Tenants in accordance with the following preferences and priorities in the order listed:

1. Limitations on Admission

a. Types of Developments and units available;

b. Occupancy Standards (limitation on the minimum and maximum number of household members permitted to live in dwelling units of specified sizes).

2. The following local preferences will be used to determine the family’s eligibility for rental assistance. A family must meet at least one of these Local Preferences at the time of interview in order to be considered for rental assistance.

The following preferences will have priority over the preferences in the order indicated:

a. Active duty Military and their families;

b. Involuntary displacement by action of local, state, federal government, or by fire, flood, or other natural disaster, within the last six (6) months;

c. After all Tenants eligible for transfer to a unit with disability access features have been placed in the appropriate unit, preference will be given to families with a person with a disability who requires a unit with specific disability access features to the extent that disability units are available.

d. Homeless families emerging from transitional living centers that lack a fixed, regular, and adequate night-time residence;

The following preferences will have the same relative weight and importance:

e. An applicant family whose head of household, spouse or co-head is employed or has a bona fide offer for employment.

f. Veterans and veterans’ families- Honorable, General Discharge from the Armed Forces of the United States with an active training period of over six (6) months;

g. Victims of domestic violence- Crimes of violence committed by another person against an adult or youth victim who is protected under the domestic or family violence laws;

h. Currently enrolled at a university, college or participating in a job-training program or technical school. Graduate of a job-training or school program within the last year; which will prepare the head of household, spouse, or other adult member(s) to enter or return to the job market;

i. Families who meet the definition of “Elderly”.

3. Date and time of application (in each of the above circumstances)

Applicants who meet all the eligibility requirements and who qualify for a preference will be assisted first according to the date and time of application. After all applicants with verified preferences are assisted, HACEP will then contact applicant families who are next on the site based waiting list, according to date and time of application and bedroom size needed.

An applicant who has been determined to be ineligible or is not qualified for housing assistance will be notified in writing. An applicant has the right to appeal a decision and to have the appeal heard by someone other than the staff person who made the initial decision to deny the application.

A decision on an applicant’s appeal will be made promptly. A final written decision will be mailed to the applicant within ten (10) business days after the requested meeting or the receipt of the applicant’s written appeal by the Supervisory Property Manager. The applicant will be notified in writing of the decision to uphold the original ineligibility decision or to reverse that decision and accept the application. The appeal decision is final.

4. Conditions under which applicants may be rejected

An applicant may be rejected for assistance if they are ineligible for occupancy in a particular unit or property, or if applicant does not meet the owner’s tenant screening criteria. If applicant is unable to disclose and provide verification of SSNs for all household members. Except for those household members who do not contend eligible immigration status or tenants who were 62 or older on January 31, 2010, whose initial determination of eligibility was begun before January 31, 2010. Applicant is required to sign and submit verification consent forms or the Authorization for Release of Information (forms HUD-9887 and HUD-9887-A) failure to do so may cause applicant to become rejected.

5. Notification of applicant rejection

HACEP will provide applicants with rejection notices in writing. The rejection notice will include the specific reason(s) for the rejection, and inform the applicants of their right to respond to the owner in writing or request a meeting within 10 business days to dispute the rejection, and that persons with disabilities have the right to request reasonable accommodations to participate in the informal hearing process.

INCOME TARGETING

Since these properties are under a contract for Project Based Rental Assistance, we are required to lease not less than 40% of the dwelling units that become available for occupancy in the property’s fiscal year to Extremely Low-Income (30% of the median income) families. If, at any time during the fiscal year, the property falls below the 40% requirement, the next eligible applicant(s) from the Site Based Waiting List whose Annual Income is at or below the Extremely Low-Income limit will be selected in chronological order.

This process will continue until the 40% requirement is achieved. Once the 40% requirement has been met, the eligible applicant(s) who was/were “skipped over” will retain their place on the list and be selected in chronological order as long as the 40% requirement continues to be met.

For Low Income Housing Tax Credit Properties, the 40-60 rule states that at least 40% of the units must be rent restricted and occupied by households with incomes at or below 60% of the HUD determined area median income (adjusted for household size).

Persons included in the LIHTC household will include their income as per income limits standards. Income at the time of admission should not exceed the more restrictive of the income limits for occupancy established by the Department of Housing and Urban Development (HUD), and posted separately in HACEP offices, or the Low Income Housing Tax Credit Program (LIHTC) as set forth in IRS Section 42 of the Internal Revenue Code of 1986, and the TDHCA Indenture of Restrictive Covenants which is 50% of area median income, as determined by HUD and adjusted for family size.

HACEP PROPERTIES

HACEP owns and manages twenty-five (25) Project Based Rental Assistance and Low Income Housing Tax Credit Properties. The properties are designated as follows:

|Property Name |Address |Phone Number |Community Type |

|Alamito Place |509 South Saint Vrain |915-856-5622 |Family to include |

| |El Paso, TX 79901 | |Elderly/Disabled |

|Alamito Terrace |509 South Saint Vrain |915-856-5622 |Elderly/Disabled |

| |El Paso, TX 79901 | | |

|Alamito Gardens |401 S Tays |915-533-3943 |Family to include |

| |El Paso, Texas 79901 | |Elderly/Disabled |

|Everett Alvarez, Jr. Memorial |8247 North Loop |915-856-5821 |Family to include |

|Apartments |El Paso, TX 79907 | |Elderly/Disabled |

|J.E. Anderson Memorial |741 Lafayette |915-856-5821 |Family to include |

|Apartments |El Paso, TX 79907 | |Elderly/Disabled |

|George Baines Memorial Apartments |10661 Vista Del Sol |915-856-5827 |Elderly/Disabled |

| |El Paso, TX 79935 | | |

|Lt. Palmer Baird Memorial |4747 Atlas Dr. |915-856-5817 |Family to include |

|Apartments |El Paso, TX 79904 | |Elderly/Disabled |

|Dwight D. Eisenhower Memorial |5628 Eisenhower |915-856-5813 |Family to include |

|Apartments |El Paso, TX 79924 | |Elderly/Disabled |

|Juan Hart Memorial |4861 Atlas Dr. |915-856-5817 |Family to include |

|Apartments |El Paso, TX 79904 | |Elderly/Disabled |

|Lyndon B. Johnson Memorial |9000 Roanoke |915-856-5816 |Family to include |

|Apartments |El Paso, TX 79904 | |Elderly/Disabled |

|Kathy White Memorial |2500 Mobile Ave |915-856-5811 |Family to include |

|Apartments |El Paso, TX 79930 | |Elderly/Disabled |

|Kennedy Brothers |400 South Zaragoza |915-849-6374 |Family to include |

| |El Paso, Texas 79907 | |Elderly/Disabled |

|Kennedy Estates |400 South Zaragoza |915-849-6374 |Family to include |

| |El Paso, Texas 79907 | |Elderly/Disabled |

|Haymon Krupp Memorial |10200 Hedgerow |915-856-5823 |Family to include |

|Apartments |El Paso, TX 79925 | |Elderly/Disabled |

|Rafael Marmolejo, Jr. Memorial |600 North Carolina |915-856-5829 |Family to include |

|Apartments |El Paso, TX 79915 | |Elderly/Disabled |

|Aloysius A. Ochoa Memorial |8820 Old Country Road |915-856-5852 |Elderly/Disabled |

|Apartments |El Paso, TX 79907 | | |

|Tays Memorial Apartments |2114 Magoffin |915-856-5839 |Family to include |

| |El Paso, TX 79901 | |Elderly/Disabled |

|Raymond Telles Maynor |Padres Drive and Buena Park Drive |915-856-5852 |Family to include |

|Memorial Apartments |El Paso, Texas 79907 | |Elderly/Disabled |

|Harry S. Truman Memorial |7919 Meraz |915-856-5819 |Family to include |

|Apartments |El Paso, TX 79907 | |Elderly/Disabled |

|George Webber Memorial |110 Whittier |915-856-5854 |Family to include |

|Apartments |El Paso, TX 79907 | |Elderly/Disabled |

|Thomas Westfall Memorial |10700 Vista Del Sol |915-856-5854 |Family to include |

|Apartments |El Paso, TX 79935 | |Elderly/Disabled |

|Woodrow Bean Memorial |1313 North St. Vrain |915-856-5821 |Family to include |

|Apartments |El Paso, TX 79902 | |Elderly/Disabled |

|Eastside Crossing |2015 Zaragoza Rd |915-855-6620 |Family to include |

| |El Paso, TX 79938 | |Elderly/Disabled |

|Paisano Green |4000 East Paisano Drive |915-856-5842 |Elderly/Disabled |

| |El Paso, TX 79905 | | |

|Montwood Heights |2015 Zaragoza Rd |915-855-6620 |Family to include |

| |El Paso, TX 79938 | |Elderly/Disabled |

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