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ADMISSIONS AND CONTINUING OCCUPANCY PLAN FOR THE HERITAGE NOVEMBER 2018 PURPOSE The purpose of this Admissions and Continuing Occupancy Plan is to establish local policies for the management of the Heritage in accordance with HUD requirements. All policies established locally will comply with: Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance from HUD. The Fair Housing Act, which prohibits discrimination in housing and housing related transactions based on race, color, national origin, sex, age, disability, religion, and familial status. Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin in any program or activity receiving federal financial assistance from HUD. The Davenport Civil Rights Ordinance, which prohibits discrimination on the basis of race, color, creed, religion, sex, national origin or ancestry, age, familial status, marital status, disability, gender identity, or sexual orientation. Iowa State Code, Section 216.8, which prohibits discrimination on the basis of race, color, creed, sex, religion, national origin, disability, familial status, sexual orientation, or gender identity. The Plan also states local policy on matters for which a Housing Agency has discretion and provides staff with standards for administering the program. These standards are in addition to those regulations put forth by the U.S. Department of Housing and Urban Development (HUD). NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City will not discriminate against qualified individuals with disabilities on the basis of disability in the City’s services, programs, or activities. Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA). Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact Christina Mondanaro-Murphy, Employment Manager, at 563-326-6143 (voice) or 563-3266145 (TTY) as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to Christina Mondanaro-Murphy, Employment Manager, at 563-3266143 (voice) or 563-326-6145 (TTY). The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. III. PROJECT ELIGIBILITY REQUIREMENTS Eligibility as Elderly or Disabled Family Only applicants who meet the definition of an elderly or disabled family may be admitted to the Heritage. An elderly family is a family whose head or spouse or sole member is a person who is at least 62 years of age. It may include 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, spouse, or sole member is a person with disabilities (see definitions). It may include two or more persons with disabilities living together, or one or more persons with disabilities living with one or more live-in aides. Restriction on Assistance to Noncitizens Only the following applicants may be admitted to the Heritage: U.S. citizens or nationals; and Noncitizens who have eligible immigration status as determined by HUD. All applicants for admission will be given notice of the requirement to submit evidence of citizenship or eligible immigration status at the time of application. All family members, regardless of age, must declare their citizenship or immigration status. Noncitizens (except those aged 62 and older) must sign a Verification Consent Form and submit documentation of their status or sign a declaration that they do not claim to have eligible status. Noncitizens age 62 and older must sign a declaration of eligible immigration status and provide a proof of age document. U.S. citizens must sign a declaration of citizenship. No further verification will be performed when an applicant signs a declaration of citizenship. Applicants claiming eligible immigration status will be subject to primary verification through the SAVE ASVI database. If primary verification results in secondary verification being required, a manual process will be used. A mixed family—a family with on or more ineligible family members and one or more eligible family members—will receive prorated assistance. Applicants who hold a noncitizen student visa are ineligible for assistance, as are any noncitizen family members living with the student. A family consisting of a noncitizen student with a citizen spouse or citizen children is considered a mixed family. Social Security Number Disclosure Requirements All applicants and residents (all household members) must disclose and provide verification of the complete and accurate Social Security Number assigned them unless an individual meets an exception as described below. Individuals who do not contend eligible immigration status - the Heritage will not deny assistance to mixed families due to nondisclosure of a SSN by an individual who does not contend eligible immigration status. Individuals, age 62 or older as of January 31, 2010, and whose initial determination of eligibility was begun before January 31, 2010. The eligibility date is based on the initial effective date of the form HUD-50059 or HUD-50058, whichever is applicable. Documentation that verifies the applicant’s exemption status will be obtained from the owner of the property where the initial determination of eligibility was determined prior to January 31, 2010, and will be retained in the resident file. The Heritage will not accept certification from the applicant stating they qualify for the exemption. iv. The exemption status for these individuals will be retained in the file if the individual moves to a new assisted unit under any HUD assisted program or if there is a break in his or her participation in a HUD assisted program. Applicants must provide documentation of social security numbers. A social security card issued by the Social Security Administration is acceptable. Also acceptable are a driver’s license with SSN, an identification card issued by a federal, State, or local agency, a medical insurance provider, employer, or trade union; an earnings statement of payroll stub; a bank statement; a form 1099; a benefit award letter; a retirement benefit letter; a life insurance policy; or court records. When an applicant has a SSN but does not have the required documentation, the applicant may submit the SSN and certify that the number is accurate but that acceptable documentation could not be provided. The certification will be accepted and the family’s application will continue to be processed. The applicant who has not disclosed and/or provided verification of SSNs for all non-exempt household members has 90 days from the date they are first offered an available unit to disclose and/or verify the SSNs. During this 90 day period the applicant family may retain its place on the waiting list. After 90 days, if the applicant is unable to disclose and/or verify the SSNs of all non-exempt household members, the applicant will be determined ineligible and removed from the waiting list. Households that include and applicant family members under the age of 6, who does not yet have a Social Security Number (SSN) assigned to him/her, and was added to the household 6 months or less from the movein date shall be accepted. Households will have 90 days from the move-in date to provide documentation of the SSN for the child. An additional 90day period must be granted if failure to provide documentation of the SSN is due to circumstances that are outside the control of the household. D. Determining the Eligibility of Students for Assistance A student’s eligibility for Section 8 assistance will be determined at movein, annual recertification, initial certification (when an in-place tenant begins receiving assistance), and at the time of an interim recertification if one of the family composition changes reported is that household member is enrolled as a student. Section 8 assistance will not be provided to any individual who: Is enrolled as either a part-time or full-time student at an institution of higher education for the purpose of obtaining a degree, certificate, or other program leading to a recognized educational credential; Is under the age of 24; Is not married; Is not a veteran of the United States Military; Does not have a dependent child; Is not a person with disabilities, as 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. Is not living with his or her parent(s) who are receiving Section 8 assistance; and Is not individually eligible to receive Section 8 assistance and has parent(s) who are not income eligible to receive Section 8 assistance. For a student to be eligible independent of his or her parents (where the income of the parent(s) is not relevant), the student must demonstrate the absence of, or his or her independence from, parents. The student must meet, at a minimum, all of the following criteria to be eligible for assistance. The student must: Be of legal contract age under state law; 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; Not be claimed as a dependent by parents or legal guardians pursuant to IRS regulations; and Obtain a certification of the amount of financial assistance that will be provided by parents, guardians or others, 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 of 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 Section 8 assistance. If an ineligible student is a member of an applicant household or an existing household receiving Section 8 assistance, the assistance for the household will not be prorated but will be terminated. The following methods will be used to verify student status: Age will be verified by birth certificate or government issued ID. Proof that an individual has established a household separate from parents or legal guardians will be requested. Acceptable proof will include a copy of a lease, prior year income tax returns, or other evidence that the student had a separate address. If a student cannot demonstrate independence from parents, the parents must sign a declaration and certification of income. If the declaration is questionable, further documentation, such as tax returns, pay stubs, or benefit award letters will be requested. Definition of “Independent Student” includes “vulnerable youth”. Vulnerable youth include those who were an orphan, in foster care, or ward of court at the age of 13 or older, those students who are or were emancipated or in legal guardianship, is an individual who has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or a youth unaccompanied, at risk of homelessness, and selfsupporting. When an individual is determined to be a “vulnerable youth,” such determination is all that is necessary to determine a person is an “independent student”. The tax return requirement only applies to providing the student’s tax returns and not that of the student’s parents, and a written certification of financial assistance is not required by the student’s. Any financial assistance in excess of amounts received for tuition and any other required fees and charges that an individual receives under the Higher Education Act of 1965, from private sources, or an institution of higher education shall be considered income to that individual, except for a person over the age of 23 with dependent children. ELIGIBILITY, SELECTION FROM THE WAITING LIST, AND ADMISSIONS A. Opening the Waiting List; Public Notice When the Office of Assisted Housing (hereafter referred to as OAH) opens the Heritage waiting list, a public notice will be published in the Quad-City Times. The public notice will state where and when to apply and what families may apply for assistance. The OAH will also send a press release to local radio and television stations and will send announcements to various social agencies and churches. B. Closing the Waiting List; Public Notice If the OAH determines that the Heritage waiting list should be closed because the existing waiting list contains an adequate pool of applicants a public notice will be published in the Quad-City Times. The public notice will state when applications will no longer be accepted and whether applications meeting certain criteria will still be accepted. The OAH will also send a press release to local radio and television stations and will send announcements to various social agencies and churches. C. Application Procedures when Waiting List is Open Applications are available in the OAH office during normal business hours or will be mailed upon request. Completed applications must be returned to the OAH in person or by mail. Completed applications will be processed and filed within 30 calendar days of receipt. Incomplete applications will be maintained in a separate file with the following steps taken: A letter will be mailed to the applicant at the address provided on the application stating that the application is incomplete. The letter will specify what information must be provided in order to complete the application and will allow thirty (30) days from the date of the letter in which to respond. If the required information is not received within thirty (30) days of the letter the application will be denied and filed as inactive. 5. Completed applications will be filed as active on the waiting list. For the purpose of placement on the waiting list, the application date shall be the date the completed application is received by the OAH. D. Eligibility Determination and Notification Preliminary determination of eligibility will be based solely on the information provided by the applicant. A final determination of eligibility will be made when a Heritage unit becomes available and information provided by the applicant is verified. Applicants determined to be eligible based on information they provided may be found ineligible upon further processing for the following reasons: The applicant provided false or incorrect information at the time of application. Changes in circumstances affecting eligibility were not reported to the OAH between the time of application and the time that further processing takes place. Applicants determined to be ineligible will be notified of the reason(s) for their ineligibility and advised of their right to appeal. E. Assignment to the Waiting List The OAH will maintain a waiting list for the Heritage separate from that for the Section 8 program. The waiting list will be divided into two sections; a section for those families requiring a 1-bedroom unit, and a section for those families requiring a 2-bedroom unit. Within each section, applications will be ranked according to date and time of application, only. No local preferences have been adopted. F. Selection from the Waiting List When an appropriate size unit is expected to become available within 3060 days, one or more families at the top of the waiting list will be sent a letter notifying them that they should contact the OAH in order to schedule an interview. Failure to respond to the letter within the specified period of time will cause the applicant’s name to be removed from the waiting list. Families on the waiting list who have indicated that they would benefit from the design features of a mobility accessible unit will be contacted when such a unit becomes available. These families will take precedence over families not indicating that they would benefit from such design features even if their application date ranks them lower on the waiting list. When there are no families on the waiting list who require accessible units, another family may be admitted to that unit. However, that family may be required to move to another unit if a current resident’s family size or composition changes to include the need for an accessible unit. When an extremely low-income applicant is needed to achieve targeting requirements (see below), and the next applicant on the waiting list has income above the extremely low-income, that applicant must be returned to the waiting list until the OAH is ready to house an applicant with income above the extremely low-income limit. G. Removing Names from the Waiting List 1. Names will be removed from the waiting list in the following instances: An applicant fails to respond to a letter within the specified period of time. Mail sent to an applicant’s address is returned as undeliverable. The applicant’s family size changes such that no appropriate size unit exists in the property. The applicant no longer meets eligibility requirements for the property. 2. If an applicant is removed from the waiting list, and subsequently the OAH determines that an error was made in removing the applicant, the applicant will be reinstated to the waiting list by the original date and time of application. H. Income Targeting and Admission Eligibility 1. HUD has established regulations that set forth income eligibility requirements for the Heritage. In order for an applicant to be eligible for occupancy, the applicant family’s income must not exceed 80% of the area median income (“low income”), adjusted for family size. These income limits are published by HUD annually. Additionally, the Office of Assisted Housing will make at least 40 percent of units that become available in each fiscal year available for leasing to families whose income do not exceed 30% of the area median income (“extremely low-income”) adjusted for family size, at time of admission. The OAH will estimate annual turnover and analyze the waiting list by income category in order to determine whether at least 40% of applicants likely to be admitted meet extremely-low income requirements. No action will be taken if the analysis shows this to be true. If less than 40% of applicants likely to be admitted meet extremely-low income requirements then applicants meeting extremely low-income requirements will be admitted before others with higher incomes. Compliance with this requirement will be monitored quarterly. 2. The following non-income screening factors will be used to establish eligibility for admission to Heritage. All applicants MUST disclose if they are currently receiving HUD housing assistance. In accordance with the Heritage Enterprise Income Verification System policies, an Existing Tenant Report will be obtained and used during the final eligibility interview to ensure that an applicant family does not maintain a residence in addition to the HUD-assisted unit. A family will not be admitted for three years from the date of eviction if any family member has been evicted from federally assisted housing for drug-related criminal activity. However, a family may be admitted if 1) the evicted household member who engaged in drug-related criminal activity has successfully completed an approved supervised drug rehabilitation program; or 2) the circumstances leading to the eviction no longer exist (for example, the criminal household member has died or is imprisoned). A family will not be admitted if the Office of Assisted Housing determines that any household member is currently engaging in illegal use of a drug or if the Office of Assisted Housing has reasonable cause to believe that a household member’s illegal use or a pattern of illegal use of a drug may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. A family will not be admitted if the Office of Assisted Housing determines that in the past three years a family member has engaged in drug-related or violent criminal activity or other criminal activity that would threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or threatens the health or safety of staff, contractors, or subcontractors who are involved in housing operations. A family will not be admitted if any member of the household is subject to a registration requirement under a State sex offender registration program. The necessary background checks will be performed in the State where the housing is located and in other States where the household members are known to have resided. A family will not be admitted if the Office of Assisted Housing has reasonable cause to believe that a household member’s abuse or pattern of abuse of alcohol interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents. An applicant family must be given positive references from current and previous landlords. A reference will be considered positive if, during the past three years, the family did not violate the terms of a lease, if the family did not cause damages to the property, if proper notice was given before moving, if the family did not interfere with the rights of neighbors and if the family did not leave owing money to the landlord. A family must be able to demonstrate acceptable housekeeping habits. Housekeeping inspections will be done for all applicants who live within 40 miles of the Office of Assisted Housing. A family must not currently owe any money to the OAH or to any other housing agency in connection with any assisted housing programs. Rejection of Ineligible Applicants The Office of Assisted Housing will reject an applicant if the applicant: Is ineligible for occupancy in a particular unit; Does not sign and submit verification consent forms or the Authorization for Release of Information; Has household characteristics that are not appropriate for the specific type of unit available at that time, or has a family of a size not appropriate for the unit size that is available; Includes family members who did not declare citizenship or noncitizenship status, or sign a statement electing not to contend noncitizen status; or Does not meet tenant screening criteria. Rejection notices will be made in writing and will include: The specific reason for rejection; and Notice to the applicant of the right to dispute the rejection by requesting a hearing within 14 days, to dispute the rejection The hearing will be conducted according to the grievance procedures outlined below. Unit Transfers The following are acceptable reasons for transfers to a different unit. Families who are over housed (living in larger unit than necessary) Families who are under housed (living in smaller unit than necessary) Medical justification such as the need for the design features of an accessible unit Administrative reasons such as to allow modernization. Emergency transfers will be allowed in accordance with the Violence Against Women Act protections. The Office of Assisted Housing will maintain a transfer waiting list for families requesting or requiring a different unit. The transfer of these families already living at the Heritage to another unit will take precedence over new admissions of families from the general waiting list. If a tenant’s current unit is smaller or larger than appropriate as a result of a change in family size or composition, or if the tenant is living in an accessible unit but does not require an accessible unit, and another family requires such a unit, the tenant will be required to transfer to another unit, when one becomes available. When a tenant is notified that a transfer is required, the tenant: May remain in the unit and pay the HUD-approved market rent; or Must move within 30 days after the owner notifies the family that a unit of the required size is available within the property. Rent Determination Policies Income Based Rent Family income and tenant rent will be calculated in accordance with HUD regulations. Minimum Rent Each family must pay a minimum monthly rent of $25.00. Hardship Exceptions The minimum monthly rent requirement will be waived if a family is unable to pay due to financial hardships. The financial hardships include the following: i. The family has lost Federal, State, or local government assistance or is waiting for eligibility determination (including legal immigrants) ii. The family would be evicted if the minimum rent requirement was imposed; The family’s income has decreased due to a change in circumstances, including, but not limited to, loss of employment; A death in the family has occurred Tenant Requests for Hardship Exception Upon a tenant’s request for a hardship exception, the minimum rent charge will be waived beginning the month that immediately follows the date that the tenant made the request. The OAH may request reasonable documentation of hardship in order to determine whether there is a hardship and whether it is of a temporary or long-term nature. This determination must be done in a prompt and timely manner. If the OAH determines that there is no hardship the OAH will immediately reinstate the minimum rent requirements. The tenant is responsible for any minimum rent that was not paid from the date the minimum rent was suspended. The OAH may not evict the tenant for nonpayment of rent during the time in which it takes the OAH to make the hardship determination. A reasonable repayment agreement will be offered for any minimum rent back payment by the tenant. If it is determined that the hardship is of a temporary nature, the minimum rent shall not be imposed for a 90-day period from the date of the suspension. At the end of the 90-day period, the tenants shall be responsible for the minimum rent, which shall be imposed retroactively to the initial date of the suspension. The tenant cannot be evicted for nonpayment of rent during the time in which it takes to make the hardship determination or during the 90-day grace period. A reasonable repayment agreement must be offered for any minimum rent back payment by the tenant. If the nature of the hardship is determined to be long-term, the OAH shall exempt the tenant from the minimum rent requirement from the date the suspension was granted until such a time that the hardship no longer exists. iv. The OAH will maintain documentation of all determinations regarding requests for hardship exceptions. Implementation of a long-term suspension of the minimum rent requirement shall be treated as an interim recertification. The tenant must complete the appropriate recertification documents. Annual Recertification Program eligibility will be reviewed once each year in accordance with HUD regulations. Interim Recertifications When any of the following circumstances occur between regular reexaminations, income will be reviewed and rent adjusted accordingly: A decrease in household income that would lower the rent paid by the family. A change in family composition. A cumulative increase in family income of $200.00 or more per month. Any adult member of the household, who was reported as unemployed on the most recent certification or recertification, obtains employment. Determining Eligibility of a Remaining Member of a Tenant Family Periodically, family composition changes after initial occupancy. If the qualifying person leaves the unit, a determination must be made as to whether the remaining member of the household (see definitions) will be eligible to receive assistance. In the case of the death of the qualifying person, the remaining member of the household will be eligible to remain in the unit and will pay rent based on income. OCCUPANCY STANDARDS A. The OAH has established occupancy standards that determine the number of bedrooms needed for families of different sizes and compositions. These occupancy standards provide for the smallest number of bedrooms needed to house a family without overcrowding. The following occupancy standards will determine the unit size for which a family qualifies. A head of household will share a bedroom with the co-head of household. Family members other than the head or co-head of household who are 18 years of age or older are not required to share a bedroom with any other family member. Family members who are 5 years of age or older will share a bedroom with another family member of the same sex who is 17 years of age or younger. Family members who are 4 years of age or younger will share a bedroom with another family member of either sex who is also 4 years of age or younger or with another family member of the same sex who is 17 years of age or younger. A child who is temporarily away from home because of placement in foster care will be considered a member of the family. A child expected to be born to a pregnant woman or a child in the process of being adopted by an adult family member will be considered a member of the family. A child whose custody is being obtained by an adult family member will be considered a member of the family. A foster child who will reside in the unit will be considered a family member. Children in joint custody arrangements who are present in the household at least 50% of the time will be considered family members. Children who are away at school and who live at home during recesses will be considered family members. A person who lives with an elderly, disabled or handicapped individual and is essential to that individual’s support and would not be living in the unit except to provide the support services is considered a live-in aide. While a relative may be considered to be a live-in aide, they must meet the above requirements. The live-in aide qualifies for occupancy only as long as the individual needing supportive services qualifies and may not qualify for continued occupancy as a remaining family member (see definitions). An adult member who is away from the family for a period of 6 months or more will not be considered a member of the family. Adult children on active military duty, permanently institutionalized family members, or visitors, will not be considered family members. B. A family may be permitted a larger unit than determined by the above occupancy standards if at least one of the following criteria is met: A family needs a larger unit as a reasonable accommodation. An elderly person has a verifiable need for a larger unit. No appropriately sized unit is available for a remaining family member. There are no eligible families in need of the larger unit and the family agrees to move to the appropriately sized unit, at its own expense, when one becomes available. C. After a family moves into a unit, the unit may become overcrowded or underutilized due to a change in family size. A family whose unit is no longer the appropriate size due to a change in family size will be required to move into a unit of appropriate size when available. Refusal to move when a unit of appropriate size is offered will result in the family being required to pay market rent. OFFER OF A UNIT Once an applicant family has been determined eligible for a Heritage unit they will be offered the first available unit appropriate for their family size. If the family chooses not to accept that unit their name will be removed from the waiting list. Families will be required to pay a security deposit prior to occupying a Heritage unit. Such security deposit shall be equal to one month’s rent at the time the family initially occupies the unit. In accordance with the lease, when a family moves out of a Heritage unit the security deposit will be applied to any outstanding rent or other charges. OCCUPANCY A. Residents of Heritage must comply with the rules of occupancy as set forth in this policy and The Heritage lease (attachment 1) The Heritage handbook (attachment 2) B. Rent Collection Policies In accordance with the lease, tenant rent is due on the 1st day of the month at the Davenport Housing Commission office. If the tenant does not pay the full amount of the rent by the end of the 5th day of the month, or if the 5th day of the month is not a business day, by the end of the following business day, the rent is considered delinquent. Hardship exemption – if a Tenant notifies the Landlord before rent is due that because of extenuating circumstances, he or she will be unable to make a timely rent payment, and a written repayment plan is agreed to, the rent will not be considered delinquent. Management has the right to request documentation pertaining to the extenuating circumstances. If a repayment agreement is defaulted on, the full amount of rent owed will be considered delinquent. The first business day that rent is considered delinquent, a delinquency notice will be delivered to the tenant. If rent remains unpaid for the full month and remains unpaid after the following month’s rent are due, eviction proceedings will be initiated. INSPECTIONS Housekeeping inspections will be performed at least annually by the OAH. More frequent housekeeping inspections may be warranted if maintenance inspection reports indicate poor housekeeping. The City of Davenport will contract with a pest control company in order to maintain pest-free housing. Monthly service will be provided to each unit. ANNUAL RE-EXAMINATION AND RENT ADJUSTMENT Annual re-examination and rent adjustments will be conducted in accordance with HUD regulations. EVICTIONS A. Eviction shall be conducted in accordance with HUD regulations and state law. 1. Drugs and violent crime a. The Office of Assisted Housing may terminate tenancy for criminal activity if the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying a criminal conviction standard of proof of the activity. VIOLENCE AGAINST WOMEN ACT (VAWA) PROTECTIONS The Office of Assisted Housing will support and/or assist victims of domestic violence, dating violence or stalking and protect victims, as well as members of their family, from being denied housing or from losing their HUD assisted housing as a consequence of domestic violence, dating violence or stalking. A. The Notice of Occupancy Rights under the Violence Against Women (form HUD-5380) and a form for Certification as a Victim (form HUD-5382) will be provided to: 1. All resident families at annual certification or next lease renewal; 2. All applicants when denied. 3. All applicants at admission (Move-in); 4. With any notification of eviction; and 5. With any notification of termination. B. Certification of Domestic Violence, Dating Violence or Stalking Tenants or denied applicants will be provided the option to complete a form for Certification as a Victim (form HUD-5382). The certification form will be made available in the event of a lease termination or the start of an eviction for cause proceeding. The certification form will be enclosed with the appropriate notice, and will direct the family to complete, sign and return the form within fourteen (14) days. The Office of Assisted Housing may extend this time period. Alternately, in lieu of the certification form or in addition to it, the OAH will accept: A federal, state, or local police record or court record, or Documentation signed by an employee, agent, volunteer of a victim service provider, an attorney, or medical professional from whom the victim has sought assistance in addressing domestic violence, dating violence, or stalking or, the effects of the abuse in which the professional attests under penalty of perjury under 28 U.S.C. 1746 to the professional’s belief that the incident or incidents are bona fide incidents of abuse, and the victim of domestic violence, dating violence or stalking has signed or attested to the documentation. The OAH will not require that a tenant provide official documentation or physical proof of an individual’s status as a victim of domestic violence, dating violence or stalking in order to receive the protections of the VAWA. The OAH may provide assistance based upon the individual’s statement or other corroborating evidence. The OAH will carefully evaluate abuse claims to avoid terminating a family’s lease based on false or unsubstantiated claims. In order to mitigate risks to the victim, the OAH will arrange acceptable delivery arrangements, such as inviting them into the office to pick up the form, so there is less potential for the abuser to intercept or monitor the mail. C. Confidentiality of Information. 1. The identity of the victim and all information provided to owners relating to the incident(s) of domestic violence, dating violence or stalking will be retained in confidence by the OAH and will not be entered into any shared database or provided to a related entity, except to the extent that the disclosure is: Requested or consented to by the individual in writing; Required for use in an eviction proceeding; or Otherwise required by applicable law. The HUD-approved certification form provides notice to the tenant of the confidentiality of the form and the limits thereof. D. Retention of Information. 1. The OAH will retain all documentation relating to an individual’s domestic violence, dating violence or stalking in a separate file that is kept in a separate secure location from other tenant files. E. VAWA Lease Addendum. 1. All tenants will be required to sign the VAWA lease addendum, form HUD91067. SMOKING POLICYThe Heritage is a Smoke-Free Public Housing Complex. The term “smoking” means inhaling, exhaling, breathing, or carrying any lighted or heated cigar, cigarette, or other tobacco product or plant product in any manner or in any form. At this time, the definition of smoking for the purposes of this policy prohibiting the act of smoking does not include the use of an electronic cigarette.Tenant and members of the Tenant’s household shall not smoke anywhere in the unit rented by the Tenant, or the building where the Tenant’s dwelling is located or in any of the common areas or adjoining grounds of such building or other parts of the rental community (including the Heritage greenspace and parking lots) except where noted, nor shall Tenant permit any guests or visitors under the control of Tenant to do so.Acceptable areas that tenants and their guests may still smoke on the Heritage property are within 25 feet of the designated smoking area bench located in the southwest corner of the Heritage greenspace or within an enclosed vehicle in the Heritage parking lot. Otherwise, smoking should only take place beyond the sidewalks surrounding the Heritage and its greenspace and parking lots within the public Right-Of-Way. This includes the CitiBus bus shelter in front of the Heritage on West Third Street, but not the area between the bus shelter and the north entrance to the Heritage consisting of the Fire lane and the approach sidewalk adjacent to the Fire Lane.GRIEVANCE PROCEDURES In 2013, the City of Davenport established a uniform process for handling grievances to the administrative actions of all City offices, including the Office of Assisted Housing, and as it applies to the assisted housing programs to which it is related. This uniform process was adopted by the Davenport City Council and codified as Davenport City Code Chapter 2.86 Administrative Hearing Procedure. Please refer to this section of the Davenport City Code for the general procedure for filing an appeal related to this assisted housing program. DEFINITIONS Person with Disabilities (24CFR 5.403). A person with disabilities for purposes of program eligibility: (1) Means a person who: (i) Has a disability, as defined in 42 U.S.C. 423; Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or In the case of an individual who has attained the age of 55 and is blind, inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he/she has previously engaged with some regularity and over a substantial period of time. For the purposes of this definition, the term blindness, as defined in section 416(i)(1) of this title, means central vision acuity of 20/200 or less in the better eye with use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for the purposes of this paragraph as having a central visual acuity of 20/200 or less. (ii) Is determined, pursuant to HUD regulations, to have a physical, mental, or emotional impairment that: Is expected to be of long-continued and indefinite duration, Substantially impedes his or her ability to live independently, and Is of such a nature that the ability to live independently could be improved by more suitable housing conditions; or (iii) Has a developmental disability, as defined in Section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(8)), i.e., a person with a severe chronic disability that Is attributable to a mental or physical impairment or combination of mental and physical impairments; Is manifested before the person attains age 22; Is likely to continue indefinitely; Results in substantial functional limitation in three or more of the following areas of major life activity: Self-care, Receptive and expressive language, Learning, Mobility, Self-direction, Capacity of independent living, and Economic self-sufficiency; and (E) Reflects the person’s need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated. Does not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. For purposes of qualifying for low-income housing, does not include a person whose disability is based solely on any drug or alcohol dependence; and Means person with disabilities (individual with handicaps), as defined in 25 CFR 8.3, for purposes of reasonable accommodation and program accessibility for persons with disabilities. Remaining Member of a Tenant Family: The following basic requirements for eligibility must be met for a person to qualify as a remaining member of a household: The individual must be a party to the lease when the family member leaves the unit. The individual must be of legal contract age under state law. Updates to Plan: 1/1/07 Added “age” as protected class under Section I (B) Added Section III (D); determining the Eligibility of Students who are Head or Co-head of a Household 1/1/08 Added a reference to Iowa State Code, Section 216.8 under Section I (E) Updated citizenship requirements under Section III (B) Changed income eligibility level from “very low income” to “low income” under Section IV (I) Updated procedures for removing applicants from the waiting list under Section IV (H) Updated unit transfer policies under Section IV (K) Updated procedures for verifying student eligibility under Section III (D) 10/1/09 Updated name of person designated to coordinate Section 504 responsibilities under Section II. 12/1/09 Removed provision stating a temporary deferral of termination of assistance may be allowed under Section III (B). 12/1/10 Changed date in Section III D.2.(f) from November 30, 2006, to November 30, 2005. 10/20/11 Changed number of calendar days in Section IX (I) from ten to five. 10/11/12 Added rent collection policy Section V(B). 12/1/12 Amended requirements in Section III C.1 to comply with HUD requirements. 12/1/12 Removed Section III C.2, which said “If no social security number has been assigned to a particular family member, the applicant must sign a certification stating that no social security number has been assigned” as it no longer applies. 12/1/12 Changed requirement in Section III C.4 to comply with HUD requirements. 12/1/12 Amended Section IV J.1 to remove the phrase “who are at least 6 years old”. 12/1/12 Removed Section IV J.1(b) to remove the phrase “Is unable to disclose and document Social Security numbers of all household members or does not execute a certification stating that no social security numbers have been assigned” 12/1/12 Amended Section III B.5 to comply with HUD requirements. 12/1/12 Added Section IV I.2.a. to comply with HUD requirements. 12/1/12 Corrected layout format and section numbers, which had been duplicated. 10/1/13 Added Section on Violence Against Women Act (VAWA) protections. 3/21/16 Revised Grievance Procedures to align with Davenport City Code Chapter 2.86 Administrative Hearing Procedure. 11/15/18Added Section XII Smoking Policy ................
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