Admissions & Continued Occupancy Policy (ACOP) - PROPOSED REVISIONS FOR FY 2019 DURHAM HOUSING AUTHORITY-PUBLIC HOUSING PROGRAM
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FY 2019 Admissions & Continued Occupancy Policy (ACOP) PROPOSED REVISIONS FOR FY 2019 DURHAM HOUSING AUTHORITY-PUBLIC HOUSING PROGRAM
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) Exhibit 3-2: ELIGIBILITY DETERMINATION STANDARDS Exhibit 3-2: ELIGIBILITY DETERMINATION STANDARDS Sex Offense Involving Children or Adults DENY FOR Sex Offense Involving Children or Adults DENY 5 LIFE years Abuse Involving Children DENY FOR Abuse Involving Children DENY 5 LIFE years Registered State Sex Offender DENY FOR Registered State Sex Offender DENY FOR Exhibit LIFE LIFE 3-2 Manufacturing Methamphetamine DENY FOR Manufacturing Methamphetamine DENY FOR (Speed) LIFE (Speed) LIFE (Drugs) Use (without evidence of Deny 5 (Drugs) Use (without evidence of Deny 5 rehabilitation) years rehabilitation) years (Drugs) Possession Deny 3 (Drugs) Possession Deny 3 years years Arrest or conviction-posed a threat to Deny 5 Arrest or Conviction-posed a threat to Deny 5 DHA staff or residents years DHA staff or residents years 4-I.B. APPLYING FOR ASSISTANCE 4-I.B. APPLYING FOR ASSISTANCE DHA POLICY DHA POLICY ….Families may obtain application forms from the site ….Families may obtain application forms from the Site they they are applying for during normal business hours. are applying for during the times designated by the site, Families may also request – by telephone or by mail – or from the DHA website. Families may also request – by that a form be sent to the family via first class mail. telephone, mail, or e-mail – that a form be sent to the 4-I.B family via first class mail or e-mail. Completed applications must be returned to the site the applicant is applying for by mail, by fax, or Completed applications must be returned to the Site the submitted in person during normal business hours. applicant is applying for by mail, fax, e-mail, or in person Applications must be complete in order to be accepted during the times designated by the site. Applications must by DHA for processing. If an application is incomplete, be complete in order to be accepted by DHA for DHA will notify the family of the additional information processing. If an application is incomplete, DHA will notify required. the family of the additional information required. Page 1 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) Families may also apply using the Online Application Portal when available. 4-I.D. PLACEMENT ON THE WAITING LIST 4-I.D. PLACEMENT ON THE WAITING LIST Eligible for Placement on the Waiting List Eligible for Placement on the Waiting List DHA Policy DHA Policy DHA will mail written notification of the preliminary DHA will mail written notification of the preliminary eligibility determination within 10 business days of eligibility determination within 10 business days of receiving a completed application. If applicable, the receiving a completed application. If applicable, the notice will also indicate the waiting list preference(s) notice will also indicate the waiting list preference(s) for 4-I.D for which the family appears to qualify. which the family appears to qualify. Placement on the waiting list does not indicate that Placement on the waiting list does not indicate that the the family is, in fact, eligible for admission. A final family is, in fact, eligible for admission. A final determination of eligibility and qualification for determination of eligibility and qualification for preferences will be made when the family is selected preferences will be made when the family is selected from from the waiting list. the waiting list. 4-II.F. UPDATING THE WAITING LIST 4-II.F. UPDATING THE WAITING LIST HUD requires DHA to establish policies to use when removing HUD requires DHA to establish policies for removing applicant applicant names from the waiting list [24 CFR names from the waiting list [24 CFR 960.202(a)(2)(iv)]. 960.202(a)(2)(iv)]. Purging the Waiting List 4-II.F Purging the Waiting List The decision to withdraw an applicant family that includes a The decision to withdraw an applicant family that includes a person with disabilities from the waiting list is subject to person with disabilities from the waiting list is subject to reasonable accommodation. If the applicant did not respond to reasonable accommodation. If the applicant did not respond DHA’s request for information or updates because of the family to DHA’s request for information or updates because of the member’s disability, DHA must, upon the family’s request, family member’s disability, DHA must, upon the family’s reinstate the applicant family to their former position on the Page 2 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) request, reinstate the applicant family to their former position waiting list as a reasonable accommodation [24 CFR 8.4(a), 24 CFR on the waiting list as a reasonable accommodation [24 CFR 100.204(a), and PH Occ GB, p. 39 and 40]. See Chapter 2 for further 8.4(a), 24 CFR 100.204(a), and PH Occ GB, p. 39 and 40]. See information regarding reasonable accommodations. Chapter 2 for further information regarding reasonable accommodations. DHA Policy The site-based waiting list will be purged at least annually DHA Policy or more frequently as needed to ensure that all applicants The site based waiting list will be updated on a and applicant information is current and timely. quarterly basis to ensure that all applicants and applicant information is current and timely. 7-III.E. ASSETS AND INCOME FROM ASSETS 7-III.E. ASSETS AND INCOME FROM ASSETS Family Declaration of Assets Under $5,000 [24 CFR 960.259] DHA will obtain third-party verification of all family assets upon admitting a family to the public housing program, and at least Assets Disposed of for Less than Fair Market Value every three (3) years thereafter. The family must certify whether any assets have been disposed of for less than fair market value in the preceding DHA Policy two years. DHA needs to verify only those certifications that For a family with net assets equal to or less than $5,000, DHA warrant documentation [HCV GB, p. 5-28]. will accept for purposes of annual reexamination only, a family’s 7-III.E certification that is has net assets equal to or less than $5,000. The declaration will state the amount of income the family expects to receive from such assets; this amount will be included in the family’s income. DHA will obtain third-party verification of all family assets every three (3) years. All family members 18 years or older will be required to sign the declaration of total assets. Page 3 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) Whenever a family member is added DHA will obtain third-party verification of that family member’s assets. If the addition of that family member’s assets puts the family above the $5,000 asset threshold, DHA will obtain third-party verification of the entire family’s assets at the next annual reexamination. If the addition of that family member’s assets does not put the family above the $5,000 asset threshold, then DHA will not obtain third-party verification of the entire family’s assets at the next reexamination; however, third party verification of all family assets is required at least every three (3) years. Assets Disposed of for Less than Fair Market Value The family must certify whether any assets have been disposed of for less than fair market value in the preceding two years. DHA needs to verify only those certifications that warrant documentation [HCV GB, p. 5-28]. 7-III.C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF 7-III.C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS EARNINGS Social Security/SSI Benefits Social Security/SSI Benefits DHA Policy DHA Policy To verify the SS/SSI benefits of applicants, DHA will To verify the SS/SSI benefits of applicants, DHA will request request a current (dated within the last 60 days) SSA a current (dated within the last 60 days) SSA benefit 7-III.C benefit verification letter from each family member verification letter from each family member that receives that receives social security benefits. If the family is social security benefits. If the family is unable to provide unable to provide the document(s), DHA will ask the the document(s), DHA will ask the family to request a family to request a benefit verification letter by either benefit verification letter by either calling SSA at 1-800- calling SSA at 1-800-772-1213, or by requesting it from 772-1213, or by requesting it from www.ssa.gov. Once the www.ssa.gov. Once the applicant has received the applicant has received the benefit verification letter they will be required to provide it to DHA. Page 4 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) benefit verification letter they will be required to provide it to DHA. To verify the SS/SSI benefits of residents, DHA will obtain information about social security/SSI benefits through the To verify the SS/SSI benefits of residents, DHA will HUD EIV System or the Tenant Assessment Subsystem obtain information about social security/SSI benefits (TASS). If benefit information is not available in HUD through the HUD EIV System or the Tenant systems, DHA will request a current SSA benefit Assessment Subsystem (TASS). If benefit information verification letter from each family member that receives is not available in HUD systems, DHA will request a social security benefits. If the family is unable to provide current SSA benefit verification letter from each family the document(s) DHA will ask the family to request a member that receives social security benefits. If the benefit verification letter by either calling SSA at 1-800- family is unable to provide the document(s) DHA will 772-1213, or by requesting it from www.ssa.gov. Once the ask the family to request a benefit verification letter resident has received the benefit verification letter they by either calling SSA at 1-800-772-1213, or by will be required to provide it to DHA. requesting it from www.ssa.gov. Once the resident has received the benefit verification letter they will be To verify the benefits of residents when 100 percent of required to provide it to DHA. the family’s income consists of Social Security payments to include Supplemental Security Income (SSI) and Supplemental Security Disability Insurance (SSDI), DHA will recalculate family income by applying the Social Security Administrations published cost of living adjustments to the previously verified income amount. 8-I.E. SECURITY DEPOSITS [24 CFR 966.4(b)(5)] 8-I.E. SECURITY DEPOSITS [24 CFR 966.4(b)(5)] At the option of DHA, the lease may require security deposits. At the option of DHA, the lease may require security deposits. The The amount of the security deposit cannot exceed a amount of the security deposit cannot exceed a reasonable fixed 8-I.E. reasonable fixed amount as determined by DHA. Subject to amount as determined by DHA. Subject to applicable laws, security applicable laws, security deposits may be refunded to the deposits may be refunded to the tenant after vacating the unit, or tenant after vacating the unit, or used for tenant services or used for tenant services or activities. activities. Page 5 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) DHA Policy DHA Policy DHA will require the resident to pay the full amount of DHA will require the resident to pay the full amount of the the deposit on or before the occupancy date unless deposit on or before the occupancy date unless waived waived under an official marketing promotion that is under an official marketing promotion that is approved by approved by the CEO or designee. the CEO or designee. The security deposit shall be an amount equal to one month’s total tenant payment or a fixed amount $300. The security deposit shall be an amount equal to one month’s total tenant payment or a fixed amount $300. PART II: INSPECTIONS PART II: INSPECTIONS 8-II.B. TYPES OF INSPECTIONS 8-II.B. TYPES OF INSPECTIONS Move-Out Inspections [24 CFR 966.4(i)] Move-Out Inspections [24 CFR 966.4(i)] DHA must inspect the unit at the time the resident vacates the DHA must inspect the unit at the time the resident vacates the unit unit and must allow the resident to participate in the and must allow the resident to participate in the inspection if he or 8-II.B inspection if he or she wishes, unless the tenant vacates she wishes, unless the tenant vacates without notice to DHA. DHA without notice to DHA. DHA must provide to the tenant a must provide to the tenant a statement of any charges to be made statement of any charges to be made for maintenance and for maintenance and damage beyond normal wear and tear within damage beyond normal wear and tear. 30 days of move-out. PART I: COMMUNITY SERVICE REQUIREMENT PART I: COMMUNITY SERVICE REQUIREMENT 11-I.B. REQUIREMENTS 11-I.B. REQUIREMENTS Definitions Definitions Exempt Individual [24 CFR 960.601(b), Notice PIH 2009-48] Exempt Individual [24 CFR 960.601(b), Notice PIH 2009-48] 11-I.B An exempt individual is an adult who: An exempt individual is an adult who: Is in a family receiving assistance under a state Is in a family receiving assistance under a state program program funded under part A of title IV of the Social funded under part A of title IV of the Social Security Act, or Security Act, or under any other welfare program of under any other welfare program of the state in which Page 6 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) the state in which DHA is located, including a state- DHA is located, including a state-administered welfare-to- administered welfare-to-work program, and has not work program, and has not been found by the state or been found by the state or other administering entity other administering entity to be in noncompliance with to be in noncompliance with such program. such program. HUD has determined that the Supplemental Nutrition Assistance Program (SNAP) qualifies as a welfare program of the state. 12-I.E VAWA EMERGENCY TRANSFER POLICY I. PURPOSE AND APPLICABILITY The purpose of this policy is to implement the requirements of the Violence Against Women Act (VAWA) with respect to the responsibilities of DHA regarding domestic violence, dating [NEW SECTION] violence, sexual assault and stalking. This policy shall be applicable to the Public Housing Program, administered by DHA and shall be part of the Public Housing Admissions & Continued Occupancy Policy. Protections under this policy are available to all victims regardless of sex, gender identity, or sexual orientation and NEW will be applied consistent with all nondiscrimination and fair SECTION housing requirements. 12-I.E II. GOALS AND OBJECTIVES A. Maintaining compliance with all applicable legal requirements imposed by VAWA B. Ensuring the physical safety of victims of actual or threatened domestic violence, dating violence, sexual assault and stalking C. Providing and maintaining housing opportunities for victims of domestic violence, dating violence, sexual assault and stalking Page 7 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) D. Creating and maintaining collaborative arrangements between DHA, law enforcement authorities, victim service providers and [NEW SECTION] others to promote the safety and well-being of victims of actual or threatened domestic violence, dating violence, sexual assault and stalking E. Taking appropriate action in response to an incident or incidents of domestic violence, dating violence, sexual assault and stalking affecting individuals assisted by DHA. III. DEFINITIONS A. Domestic Violence - includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child, by a person who is living with or has lived with the victim as a spouse or intimate partner, by a person [NEW SECTION] similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. B. Spouse or Intimate Partner - includes a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship. Page 8 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) C. Dating Violence - violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship is determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship. D. Sexual Assault - is any type of sexual contact or behavior that occurs without the explicit consent of the recipient, including when the individual lacks capacity to consent E. Stalking - engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's individual safety or the safety of others, or suffer substantial emotional distress F. Affiliated individual - with respect to an individual, means (1) A spouse, parent, brother, sister, or child of that individual, or [NEW SECTION] a person to whom that individual stands in the place of a parent or guardian (for example, the affiliated individual is a person in the care, custody, or control of that individual); or (2) Any other person living in the household of that individual G. Perpetrator - a person who commits acts of domestic violence, dating violence, sexual assault, or stalking against a victim IV. NOTIFICATIONS PROVIDED Page 9 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) A. All applicants and tenants of the Public Housing Program will be provided HUD-5380, "Notification of Occupancy Rights Under the Violence Against Women Act (VAWA)" and HUD-5382, "Certification of Domestic Violence, Dating violence, Sexual Assault, or Stalking and Alternate Documents" at the following times: (1) Denial of assistance or (2) Eligibility screening for assistance or (3) Termination of assistance (4) Annual Recertification B. These forms will be provided in the applicable language, if necessary, in accordance with Executive Order 13166 (Improving Access to Services for Persons with Limited English Proficiency). V. ELIGIBILITY SCREENING A. Non-Denial of Assistance – DHA will not deny assistance [NEW SECTION] to any person because that person is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, provided that such person is otherwise qualified for admission. B. Mitigation of Disqualifying Information (1) An applicant for assistance whose history includes incidents in which the applicant was a victim of domestic violence, may request that DHA take such information into account in mitigation of potentially disqualifying information, such as Page 10 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) poor credit history or previous damage to a dwelling. (2) If requested by an applicant to take such mitigating information into account, DHA shall be entitled to conduct such inquiries as are reasonably necessary to verify the claimed history of domestic violence and its probable relevance to the potentially disqualifying information. (3) DHA will not disregard or mitigate potentially disqualifying information if the applicant household includes a perpetrator of a previous incident or incidents of domestic violence. VI. TERMINATION OF ASSISTANCE A. VAWA Protections [NEW SECTION] (1) A tenant may not be terminated solely on the basis of criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking if: a. the criminal activity is engaged in by a member of the household of the tenant or any guest or other person under the control of the tenant and Page 11 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) b. the tenant or an affiliated individual of the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking (2) An incident of actual or threatened domestic violence, dating violence, sexual assault, or stalking shall not be considered as a serious or repeated violation of the lease by the victim or threatened victim or good cause for terminating the assistance, of the victim or threatened victim of such incident. B. Limitations of VAWA Protections (1) Nothing in the above section limits the authority of DHA to comply with a court order with respect to the rights of access or control of property, including civil protection orders issued to protect a victim of domestic violence, [NEW SECTION] dating violence, sexual assault, or stalking, or the distribution or possession of property among members of a household. (2) Nothing in the above section limits any available authority of DHA to terminate assistance to a tenant for any violation not premised on an act of domestic violence, dating violence, sexual assault, or stalking. However, DHA will not hold to a more demanding standard, an applicant, tenant or an affiliated individual who is or has been a victim of or domestic violence, dating violence, sexual assault, or stalking Page 12 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) (3) Nothing in the above section limits the authority of DHA to terminate from assistance any tenant or lawful applicant if a. DHA can demonstrate an actual and imminent threat to other tenants or to those employed at or providing service to the property, if the tenant is not terminated from the program, and b. No other actions that could be taken to reduce the threat have been successful, including transferring the victim to a different unit, barring the perpetrator from the assisted unit, involving law enforcement, or seeking other legal remedies to prevent the perpetrator from acting on a threat. V I I . VERIFICATION OF DOMESTIC VIOLENCE, DATING [NEW SECTION] VIOLENCE, SEXUAL ASSAULT, OR STALKING A. Requirement for Verification. Subject only to waiver as provided in paragraph D below, DHA shall require verification in all cases where an individual requests protection against an action involving domestic violence, dating violence, sexual assault, or stalking. Verification may be accomplished in one of three ways: Page 13 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) (1) Completing HUD-5382, "Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking" (2) Other documentation signed by an employee, agent, or volunteer of a victim service provider, an attorney, or a medical professional, from whom the victim has sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the side effects of the abuse, described in such documentation. The professional providing the documentation must sign and attest under penalty of perjury that the incident or incidents in question are bona fide and meet the requirements of the applicable definition set forth in this policy. (3) Police or court record - provided to DHA by federal, state, tribal, or local police or court record describing the incident or incidents in question. [NEW SECTION] B. Time Allowed. An individual who claims protection against adverse action based on an incident or incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking, and who is requested by DHA to provide verification, must provide such verification within 14 business days after receipt of the request for verification. Failure to provide verification, in proper form within such time will result in loss of protection under VAWA and this policy against a proposed adverse action. Page 14 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) C. If DHA receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed (such as certification forms from two or more members of a household each claiming to be a victim and naming one or more of the other petitioning household members as the abuser or perpetrator), DHA has the right to request that the tenant provide third-party documentation within thirty 30 calendar days in order to resolve the conflict. Failure to provide third-party documentation where there is conflicting evidence will result in loss of protection under VAWA and this policy against a proposed adverse action. D. Waiver of verification requirement. With respect to any specific case, DHA may waive the above-stated requirements for verification and provide the benefits of this policy based on the victim’s statement or other corroborating evidence. Such waiver may be granted [NEW SECTION] in the sole discretion of the Program Director or CEO. Any such waiver must be in writing. Waiver in a particular instance or instances shall not operate as precedent for, or create any right to, waiver in any other case or cases, regardless of similarity in circumstances. VIII. EMERGENCY TRANSFER PLAN A. Eligibility for Transfer Page 15 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) In accordance with the Violence Against Women Act (VAWA) DHA allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer from the tenant’s current unit to another unit, regardless of sex, gender identity, or sexual orientation. The ability of DHA to honor such request for tenants currently receiving assistance may depend upon: (1) A preliminary determination that the tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, and (2) On whether DHA has another dwelling unit that is available and is safe to offer the tenant for temporary or more permanent occupancy. [NEW SECTION] B. Requesting a transfer (1) In order to request an emergency transfer the tenant shall notify DHA by submitting a written request for a transfer (HUD-5383). DHA will provide reasonable accommodations to this policy for individuals with disabilities. In addition to submitting the HUD-5383, the tenant 's written request for an emergency transfer should also include either: a. A statement expressing that the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant Page 16 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) were to remain in the same dwelling unit assisted under the PH program; or b. A statement that the tenant was a sexual assault victim and that the sexual assault occurred on the premises during the 90-calendar-day period preceding the tenant’s request for an emergency transfer. (2) DHA cannot guarantee that a transfer request will be approved or how long it will take to process a transfer request. However, DHA will act as quickly as possible to expedite and finalize the move of a tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking to another unit, subject to availability and safety of a unit. [NEW SECTION] (3) If a tenant believes a transfer within DHA’s jurisdiction would not be safe, the tenant may request an external transfer to a different PHA. DHA will assist the tenant by completing a form indicating that the tenant is a victim of domestic or sexual violence and is eligible for a VAWA emergency transfer and that DHA does not have a safe unit immediately available. (4) If a unit is available, the transferred tenant must agree to abide by the terms and conditions that govern occupancy in the unit to which the tenant has been transferred. DHA may be unable to transfer a Page 17 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) tenant to a particular unit if the tenant cannot establish eligibility for that unit. (5) In cases where DHA determines that the family’s decision to move out of public housing was reasonable under the circumstances, then DHA may wholly or partially waive rent payments and any rent owed shall be reduced by the amounts of rent collected for the remaining lease term from a tenant subsequently occupying the unit. (6) Should for any reason DHA be unable to successfully process/facilitate the tenant’s emergency transfer, DHA will refer the tenant to other housing providers who may have safe and available units to which the tenant could move. (7) At the tenant’s request, DHA will also assist tenants in contacting the local organizations offering [NEW SECTION] assistance to victims of domestic violence, dating violence, sexual assault, or stalking. C. Family Break-Up Affecting a Tenant’s Emergency Move If the family breakup results from the occurrence of domestic violence, dating violence, sexual assault or stalking, DHA must ensure that the victim retains assistance. DHA will act accordingly as follows: (1) Should the victim wish to remain in the currently occupied unit, the unit will remain with the victim, as Page 18 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) long as the victim agrees to have the perpetrator removed from the lease agreement and thereby removed from the household composition (2) Should the victim wish to request an emergency move, DHA will provide the victim a voucher to search for housing and expedite the applicable change of unit processes in order to facilitate a quicker move for the victim. DHA will also terminate the assistance of the perpetrator and remove him/her from the household composition D. Safety and Security of Tenants (1) Confidentiality - DHA will keep confidential any information that the tenant submits in requesting an emergency transfer, and information about the emergency transfer, unless the tenant gives DHA written permission to release the information [NEW SECTION] on a time limited basis, or disclosure of the information is required by law or required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program. This includes keeping confidential the new location of the dwelling unit of the tenant, if one is provided, from the person(s) that committed an act(s) of domestic violence, dating violence, sexual assault, or stalking against the tenant. Page 19 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) (2) Pending processing of the transfer and the actual transfer, if it is approved and occurs, the tenant is urged to take all reasonable precautions to be safe. (3) Tenants who are or have been victims of domestic violence are encouraged to contact the National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter, for assistance in creating a safety plan. For persons with hearing impairments, that hotline can be accessed by calling 1-800-787-3224 (TTY). (4) Tenants who have been victims of sexual assault may [NEW SECTION] call the Rape, Abuse & Incest National Network’s National Sexual Assault Hotline at 800-656-HOPE, or visit the online hotline at https://ohl.rainn.org/online/. (5) Tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime’s Stalking Resource Center at https://www.victimsofcrime.org/our- programs/stalking-resource-center. IX. OTHER REMEDIES A. Relationships with service providers It is the policy of DHA to cooperate with organizations and entities, both private and governmental that provide shelter and/or services to victims of domestic violence. If DHA becomes Page 20 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) aware that an individual assisted by the Housing Authority is a victim of domestic violence, dating violence, sexual assault or stalking, DHA will refer the victim to such providers of shelter or services as appropriate. Notwithstanding the foregoing, this policy does not create any legal obligation requiring DHA either to maintain a relationship with any particular provider of shelter or services to victims of domestic violence or to make a referral in any particular case. 13-III.B CHAPTER 13 PART III: TERMINATION BY DHA – OTHER CHAPTER 13 PART III: TERMINATION BY DHA – OTHER AUTHORIZED REASONS AUTHORIZED REASONS 13-III.B. MANDATORY LEASE PROVISIONS [24 CFR 966.4(I)(5)] 13-III.B. MANDATORY LEASE PROVISIONS [24 CFR 966.4(I)(5)] Illegal Use of a Drug [24 CFR 966.4(l)(5)(i)(B)] Illegal Use of a Drug [24 CFR 966.4(l)(5)(i)(B)] The lease must provide that a DHA may evict a family when The lease must provide that a DHA may evict a family when DHA DHA determines that a household member is illegally using a determines that a household member is illegally using a drug or drug or that a pattern of illegal use of a drug interferes with that a pattern of illegal use of a drug interferes with the health, the health, safety, or right to peaceful enjoyment of the safety, or right to peaceful enjoyment of the premises by other premises by other residents. residents. DHA Policy DHA Policy DHA will terminate the lease when DHA determines DHA will terminate the lease when DHA determines that a that a household member is illegally using a drug or household member is illegally using a drug or DHA DHA determines that a pattern of illegal use of a drug determines that a pattern of illegal use of a drug interferes interferes with the health, safety, or right to peaceful with the health, safety, or right to peaceful enjoyment of enjoyment of the premises by other residents. the premises by other residents. A pattern of illegal drug use means more than one incident of any use of illegal drugs during the previous six months. Page 21 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) A pattern of illegal drug use means more than one incident of any use of illegal drugs during the previous DHA will consider all credible evidence, including but not six months. limited to, any record of arrests or convictions of household members related to the use of illegal drugs. DHA will consider all credible evidence, including but Arrest records or police reports will not be used as the not limited to, any record of arrests or convictions of sole basis for terminating a lease. An arrest record or household members related to the use of illegal drugs. police report may, however, trigger an investigation into whether the applicant actually engaged in disqualifying In making its decision to terminate the lease, DHA will criminal activity. A conviction will be given more weight consider alternatives as described in Section 13-III.D than an arrest. and other factors as described in Section 13-III.E. Upon consideration of such alternatives and factors, DHA In making its decision to terminate the lease, DHA will 13-III.B may, on a case-by-case basis, choose not to terminate consider alternatives as described in Section 13-III.D and the lease. other factors as described in Section 13-III.E. Upon consideration of such alternatives and factors, DHA may, on a case-by-case basis, choose not to terminate the lease. Threat to Other Residents [24 CFR 966.4(l)(5)(ii)(A)] Threat to Other Residents [24 CFR 966.4(l)(5)(ii)(A)] The lease must provide that any criminal activity by a covered The lease must provide that any criminal activity by a covered person that threatens the health, safety, or right to peaceful person that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including DHA enjoyment of the premises by other residents (including DHA management staff residing on the premises) or by persons management staff residing on the premises) or by persons residing residing in the immediate vicinity of the premises is grounds in the immediate vicinity of the premises is grounds for for termination of tenancy. termination of tenancy. DHA Policy DHA Policy DHA will terminate the lease when a covered person DHA will terminate the lease when a covered person engages in any criminal activity that threatens the engages in any criminal activity that threatens the health, health, safety, or right to peaceful enjoyment of the safety, or right to peaceful enjoyment of the premises by premises by other residents (including DHA other residents (including DHA management staff residing management staff residing on the premises) or by Page 22 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) persons residing in the immediate vicinity of the on the premises) or by persons residing in the immediate premises. vicinity of the premises. Immediate vicinity means within a three-block radius Immediate vicinity means within a three-block radius of of the premises. the premises. DHA will consider all credible evidence, including but DHA will consider all credible evidence, including but not not limited to, any record of arrests or convictions of limited to, any record of arrests or convictions of covered covered persons related to the criminal activity. persons related to the criminal activity. Arrest records or police reports will not be used as the sole basis for In making its decision to terminate the lease, DHA will terminating a lease. An arrest record or police report consider alternatives as described in Section 14-III.D may, however, trigger an investigation into whether the and other factors as described in Section 14-III.E. Upon applicant actually engaged in disqualifying criminal consideration of such alternatives and factors, DHA activity. A conviction will be given more weight than an may, on a case-by-case basis, choose not to terminate arrest. the lease. In making its decision to terminate the lease, DHA will consider alternatives as described in Section 14-III.D and other factors as described in Section 14-III.E. Upon consideration of such alternatives and factors, DHA may, on a case-by-case basis, choose not to terminate the lease. Alcohol Abuse [24 CFR 966.4(l)(5)(vi)(A)] DHA must establish standards that allow termination of Alcohol Abuse [24 CFR 966.4(l)(5)(vi)(A)] tenancy if DHA determines that a household member has DHA must establish standards that allow termination of tenancy if engaged in abuse or pattern of abuse of alcohol that threatens DHA determines that a household member has engaged in abuse the health, safety, or right to peaceful enjoyment of the or pattern of abuse of alcohol that threatens the health, safety, or premises by other residents. right to peaceful enjoyment of the premises by other residents. DHA Policy DHA Policy DHA will terminate the lease if DHA determines that a DHA will terminate the lease if DHA determines that a household member has engaged in abuse or a pattern household member has engaged in abuse or a pattern of Page 23 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) of abuse of alcohol that threatens the health, safety, abuse of alcohol that threatens the health, safety, or right or right to peaceful enjoyment of the premises by to peaceful enjoyment of the premises by other residents. other residents. A pattern of such alcohol abuse means more than one A pattern of such alcohol abuse means more than one incident of any such abuse of alcohol during the previous incident of any such abuse of alcohol during the six months. previous six months. DHA will consider all credible evidence, including but not DHA will consider all credible evidence, including but limited to, any record of arrests or convictions of not limited to, any record of arrests or convictions of household members related to the abuse of alcohol. household members related to the abuse of alcohol. Arrest records or police reports will not be used as the sole basis for terminating a lease. An arrest record or police report may, however, trigger an investigation into whether the applicant actually engaged in disqualifying criminal activity. A conviction will be given more weight than an arrest. Furnishing False or Misleading Information Concerning Illegal Furnishing False or Misleading Information Concerning Illegal Drug Use or Alcohol Abuse or Rehabilitation [24 CFR Drug Use or Alcohol Abuse or Rehabilitation [24 CFR 966.4(l)(5)(vi)(B)] 966.4(l)(5)(vi)(B)] DHA must establish standards that allow termination of DHA must establish standards that allow termination of tenancy if tenancy if DHA determines that a household member has DHA determines that a household member has furnished false or furnished false or misleading information concerning illegal misleading information concerning illegal drug use, alcohol abuse, drug use, alcohol abuse, or rehabilitation of illegal drug users or rehabilitation of illegal drug users or alcohol abusers. or alcohol abusers. DHA Policy DHA Policy DHA will terminate the lease if DHA determines that a DHA will terminate the lease if DHA determines that a household member has furnished false or misleading household member has furnished false or misleading information concerning illegal drug use, alcohol abuse, or information concerning illegal drug use, alcohol abuse, rehabilitation of illegal drug users or alcohol abusers. Page 24 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) or rehabilitation of illegal drug users or alcohol abusers. DHA will consider all credible evidence, including but not limited to, any record of arrests or convictions of DHA will consider all credible evidence, including but not household members related to the use of illegal drugs or limited to, any record of arrests or convictions of household the abuse of alcohol, and any records or other members related to the use of illegal drugs or the abuse of documentation (or lack of records or documentation) alcohol, and any records or other documentation (or lack of supporting claims of rehabilitation of illegal drug users or records or documentation) supporting claims of rehabilitation alcohol abusers. Arrest records or police reports will not of illegal drug users or alcohol abusers. be used as the sole basis for terminating a lease. An arrest record or police report may, however, trigger an investigation into whether the applicant actually engaged in disqualifying criminal activity. A conviction will be given more weight than an arrest. 13-III.C. OTHER AUTHORIZED REASONS FOR TERMINATION 13-III.C. OTHER AUTHORIZED REASONS FOR TERMINATION [24 [24 CFR 966.4(l)(2) and (5)(ii)(B)] CFR 966.4(l)(2) and (5)(ii)(B)] Over-Income Families [24 CFR 960.261 and FR 11/26/04, p. Over-Income Families [HOTMA Sec. 103, FR 7/26/18, P.35490- 68786] 35494, 24 CFR 960.261 and FR 11/26/04, p. 68786] Subject to certain restrictions, HUD authorizes PHA’s to evict The Housing Opportunity Through Modernization Act (HOTMA) or terminate the tenancies of families because they are over of 2016 places an income limitation on public housing tenancy for income. Unless required to do so by local law, DHA may not families. The law requires that once a family’s income has 13-III.C evict or terminate the tenancy of a family solely because the exceeded 120% of AMI, or a different limitation set by the family is over income if: (1) the family has a valid contract of Secretary of HUD (“over-income limit”) for two consecutive participation in the Family Self-Sufficiency (FSS) program, or years, DHA must terminate the family’s tenancy within six (6) (2) the family is currently receiving the earned income months of the second income determination or charge the family disallowance. This rule does not require PHA’s to evict over- a monthly rent equal to the greater of: income residents, but rather gives PHA’s the discretion to do (1) The applicable Fair Market Rent (FMR) for the area; or so thereby making units available for applicants who are (2) The amount of monthly subsidy for the unit including income-eligible. amounts from the operating and capital fund, as DHA Policy determined by regulations. Page 25 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) DHA will not evict or terminate the tenancies of families solely DHA must notify a family of the potential changes to monthly because they are over income. rent or potential termination after one (1) year of the family’s income exceeding the over-income limit. DHA must submit a publicly available report to HUD annually about the number of families residing in public housing with incomes exceeding the over-income limit and the number of families on the waiting lists for admission to public housing. Subject to certain restrictions, HUD authorizes PHA’s to evict or terminate the tenancies of families because they are over income. Unless required to do so by local law, DHA may not evict or terminate the tenancy of a family solely because the family is over income if: (1) the family has a valid contract of participation in the Family Self-Sufficiency (FSS) program, or (2) the family is currently receiving the earned income disallowance. This rule does not require PHA’s to evict over-income residents, but rather gives PHA’s the discretion to do so thereby making units available for applicants who are income-eligible. DHA Policy DHA will not evict or terminate the tenancies of families solely because they are over income; however, DHA will consider the number of families on the waiting lists for admission when making a determination regarding whether to terminate a family whose income exceeds the over-income limit. 13-III.E. CRITERIA FOR DECIDING TO TERMINATE TENANCY 13-III.E. CRITERIA FOR DECIDING TO TERMINATE TENANCY 13-III.E A DHA that has grounds to terminate a tenancy is not required A DHA that has grounds to terminate a tenancy is not required to to do so, except as explained in Part II of this chapter, and may do so, except as explained in Part II of this chapter, and may consider all of the circumstances relevant to a particular case consider all of the circumstances relevant to a particular case before making a decision. before making a decision. Page 26 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) Evidence [24 CFR 982.553(c)] Evidence [24 CFR 982.553(c)] For criminal activity, HUD permits DHA to terminate the lease For criminal activity, HUD permits DHA to terminate the lease if a if a preponderance of the evidence indicates that a household preponderance of the evidence indicates that a household member member has engaged in the activity, regardless of whether the has engaged in the activity, regardless of whether the household household member has been arrested or convicted, and member has been arrested or convicted, and without satisfying the without satisfying the standard of proof used for a criminal standard of proof used for a criminal conviction. conviction. DHA Policy DHA Policy DHA will use the concept of the preponderance of the DHA will use the concept of the preponderance of the evidence as the standard for making all termination evidence as the standard for making all termination decisions. decisions. Preponderance of the evidence is defined as evidence which is of Preponderance of the evidence is defined as evidence which is greater weight or more convincing than the evidence which is of greater weight or more convincing than the evidence which offered in opposition to it; that is, evidence which as a whole is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. shows that the fact sought to be proved is more probable than Preponderance of the evidence may not be determined by the not. Preponderance of the evidence may not be determined number of witnesses, but by the greater weight of all evidence. by the number of witnesses, but by the greater weight of all evidence. Consideration of Circumstances [24 CFR 966.4(l)(5)(vii)(B)] Although it is required that certain lease provisions exist for Consideration of Circumstances [24 CFR 966.4(l)(5)(vii)(B)] criminal activity and alcohol abuse, HUD provides that DHA may Although it is required that certain lease provisions exist for consider all circumstances relevant to a particular case in order to criminal activity and alcohol abuse, HUD provides that DHA determine whether or not to terminate the lease. may consider all circumstances relevant to a particular case in order to determine whether or not to terminate the lease. Such relevant circumstances can also be considered when terminating the lease for any other reason. Such relevant circumstances can also be considered when 13-III.E. terminating the lease for any other reason. A resident who fails to pay rent when due which results in DHA filing court papers two times in a 12 month period prior to issuance A resident who fails to pay rent when due which results in DHA of a termination letter, shall be required to participate in the DHA filing court papers two times in a 12 month period prior to Resident Services Money Management Program, and upon Page 27 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
Public Housing Admissions & Continued Occupancy Policy (ACOP) Proposed Revisions for FY 2019 ACOP Proposed New Language ACOP Current Language Section (Changes are BOLD and HIGHLIGHTED) issuance of a termination letter, shall be required to successful completion will have the first infraction of nonpayment participate in the DHA Resident Services Money Management forgiven, and the 12 month period will begin on the date of the Program, and upon successful completion will have the first second filing. This option shall be given only once during tenancy. infraction of nonpayment forgiven, and the 12 month period will begin on the date of the second filing. This option shall be DHA Policy given only once during tenancy. DHA will consider the following factors before deciding whether to terminate the lease for any of the HUD DHA Policy required lease provisions or for any other reasons: DHA will consider the following factors before The seriousness of the offending action, especially deciding whether to terminate the lease for any of the with respect to how it would affect other residents HUD required lease provisions or for any other The extent of participation or culpability of the reasons: leaseholder, or other household members, in the The seriousness of the offending action, offending action, including whether the culpable especially with respect to how it would affect member is a minor or a person with disabilities other residents The effects that the eviction will have on other The extent of participation or culpability of the family members who were not involved in the leaseholder, or other household members, in action or failure to act the offending action, including whether the The effect on the community of the termination, or culpable member is a minor or a person with of DHA’s failure to terminate the tenancy disabilities The effect of DHA’s decision on the integrity of the The effects that the eviction will have on other public housing program family members who were not involved in the The demand for housing by eligible families who will action or failure to act adhere to lease responsibilities The effect on the community of the The extent to which the leaseholder has shown termination, or of DHA’s failure to terminate personal responsibility and whether they have 13-III.E. the tenancy taken all reasonable steps to prevent or mitigate the The effect of DHA’s decision on the integrity of offending action the public housing program The length of time since the violation occurred, the The demand for housing by eligible families who family’s recent history, and the likelihood of will adhere to lease responsibilities favorable conduct in the future Page 28 of 29 Draft Revisions as of July, 2018 Proposed Adoption September 26, 2018
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