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Public HousingOccupancy GuidebookU.S. Department of Housing and Urban DevelopmentOffice of Public and Indian HousingOffice of Public Housing and Voucher ProgramsPublic Housing Management and Occupancy DivisionJune 2003
Public Housing Occupancy GuidebookTable of ContentsINTRODUCTION .1Part 1:Civil Rights .2Part 2:Admissions.2Part 3:Public Housing Income and Program Rents .3Part 4:Continued Occupancy.4Part 5:The Public Housing Lease .5Part 6:Grievance Procedure.6Part 7:Domestic Violence .6Appendices .7PART 1: CIVIL RIGHTS AND NONDISCRIMINATION REQUIREMENTSCHAPTER 1. CIVIL RIGHTS AND NONDISCRIMINATION REQUIREMENTS .91.0 General Provisions .91.1 Nondiscrimination Laws.9Fair Housing Act - 42 U.S.C. 3601 (also known as Title VIII of the Civil Rights Act)(24 CFR Part 100 et seq). 10Title VI of the Civil Rights Act of 1964 (24 CFR Part 1). 11Section 504 of the Rehabilitation Act of 1973 (24 CFR Part 8) . 12Title II of the Americans with Disabilities Act. 12Age Discrimination Act of 1975 (24 CFR Part 146) . 13Obligation to Affirmatively Further Fair Housing (24 CFR § 960.103 (b)) . 13Improving Access to Services for Persons with Limited English Proficiency (LEP). 13Other Applicable Laws and Regulations . 14Effect of More than One Applicable Law or Regulation. 14Program Reporting and Record Keeping (24 CFR § 107.30 and 24 CFR § 1.6(b)). 14Discrimination Complaints. 151.2 Affirmative Disability-Related Civil Rights Requirements Under Section 504 of theRehabilitation Act and the Fair Housing Act .15Who is a Person with a Disability under Federal Civil Rights Laws . 15Exclusion of Individuals Who Pose a Direct Threat to Health or Safety of Others. 17Accessibility in Communication. 17Reasonable Accommodations. 17Reasonable Accommodations in the Admissions/Occupancy Process. 18Civil Rights Requirements Related to Verification/Inquiries About Disability (24 CFR § 100.202). 191.3 Affirmative Marketing and Other Affirmative Obligations .20PART 2: ADMISSIONS TO PUBLIC HOUSINGCHAPTER 2. ELIGIBILITY FOR ADMISSION.232.0 Overview.232.1 Annual Income (24 CFR § 5.609) .23Income for Eligibility . 23i
Public Housing Occupancy GuidebookDefiinition of Annual Income . 242.2 Eligible Family Status (24 CFR § 5.403) .24Definitions of Eligible Families . 24Citizenship and Eligible Immigrant Status (24 CFR § 5.506). 27Disclosure of Social Security Numbers (24 CFR § 5.216). 28Ineligibility Because of Criminal Activity (24 CFR § 960.204). 28CHAPTER 3. WAITING LIST ADMINISTRATION .293.0 Overview.293.1 Entering New Applications on the Waiting List .303.2 Opening and Closing the Waiting List or Sub-List .313.3 Essential Application Information for Waiting List Placement.313.4 Community-Wide and Site-Based Waiting Lists .323.5 Moving From Community-Wide to Site-Based Waiting List .333.6 Preferences .33Considerations Before Applying Preferences . 34Local and Ranking Preferences. 34Change in Preference Status While on the Waiting List . 37Meeting for Applicants Denied a Preference (24 CFR § 5.410(g)) . 373.7 Updating a Waiting List .38Preparing the Update Package . 38Disseminating the Update Package . 38Applicants Who Fail to Respond: Second Notice . 39Reasonable Accommodation of Applicants with Disabilities . 39Completing the Waiting List Update . 403.8 Removing Applicants from the Waiting List.40Withdrawing an Application From the Waiting List. 40Rejecting an Application for Public Housing (24 CFR § 960.203). 41Removing or Dropping an Application for Refusal of a Unit Offer. 423.9 Designated Housing.423.10 Designated Housing Plan (PIH Notice 97-12) .423.11 Implementing a Designated Housing Plan .44CHAPTER 4. QUALIFICATION FOR ADMISSION: APPLICANT SELECTION CRITERIA .474.0 Overview.474.1 Selection Policy and Procedures .474.24.34.44.54.6Applicant Screening: The Policy Statement.48Screening Procedures .49The Application Form and Screening.49Explaining the Screening Process.50Techniques and Procedures Used to Check an Applicant’s History .50Past Performance Meeting Financial Obligations, Especially Rent (24 CFR § 960.203(c)(1)). 50Disturbance of Neighbors, Destruction of Property or Living or Housekeeping Habits at PriorResidences that May Adversely Affect the Health, Safety or Welfare of Other Tenants, or CauseDamage to the Unit or the Development (24 CFR § 960.203(c)(2)). 51Involvement in Criminal Activity on the Part of Any Applicant Family Member that Wouldii
Public Housing Occupancy GuidebookAdversely Affect the Health, Safety or Right to Peaceful Enjoyment of the Premises byOther Tenants (24 CFR § 960.203(c)(3) and 960.204). 53Questions on History or Current Use of Illegal Drugs. 54A Record of Eviction from Housing or Termination from Residential Programs. 54Ability to Comply with the Terms of the PHA Lease. 55Misrepresentation of any Information Related to Eligibility, Preferences, Allowances,Family Composition or Rent. 554.7Processing the Screening Verification Forms .554.8Preliminary Recommendation of Admission or Rejection .564.9Notice and Right to Dispute Rejection.574.10 Applicants with Disabilities.584.11 Role of Residents in Applicant Selection (24 CFR § 964.135) .61CHAPTER 5. OCCUPANCY GUIDELINES .625.0 Overview.625.1 State and Local Codes.625.2 Sizes and Configuration of PHA Units.625.3 Capacity of Sites, Systems and Infrastructure .635.4 Individual Family Characteristics .635.5 Making the Best Use of Available Units.65CHAPTER 6. PROCESSING APPLICATIONS .676.0 Overview.676.1 Compliance with Law, Regulations and PHA Policies .686.26.36.46.56.66.7Accessibility and Plain Language (24 CFR §§ 8.6 and 8.21) .68Accepting Applications for Housing.68Initial Eligibility Determination (24 CFR § 960.201).70Applying the Preference System (24 CFR § 960.206).71Completing/Updating the Application .72Applying Applicant Selection Criteria (24 CFR § 960.202 – 205).736.8 Income Targeting, Income Mixing and Deconcentration.74Income Targeting (24 CFR § 960.202). 746.9 Unit Assignment .75Applicant Selection Criteria Determination . 76Waiting List Position. 76Occupancy Standards . 76Accessibility Issues. 776.10 Unit Offers to Applicants .776.11 Leasing .786.12 Pre-Occupancy Training or Orientation.79CHAPTER 7. VERIFICATION STANDARDS .807.0 Overview .807.1 What Must Be Verified .827.2 Verifying Social Security Numbers .837.3 Verifying Citizenship or Eligible Noncitizen Status .84iii
Public Housing Occupancy GuidebookEvidence of Citizenship or Eligible Immigration Status . 85Verification of Eligible Immigrant Status Using the INS SAVE System. 867.4 Verifying Annual Income .86Dealing with Families that Report No Income. 887.5 Up-Front Income Verification .887.6 Limitations on Verifications Related to Disabilities and Medical Information.907.7 Verifying Applicant Selection Criteria .94Verifying Past Performance Meeting Financial Obligations, Especially Rent and Utilities(24 CFR 960.203 (c)(1)). 94Verifying Disturbance of Neighbors, Destruction of Property, or Living or HousekeepingHabits that Would Pose a Threat to Other Tenants (24 CFR § 960.203(c)(2)). 95Screening for a History of Criminal Activity on the Part of Any Applicant Family Member thatWould Adversely Affect the Health, Safety or Welfare of Other Tenants (24 CFR § 960.203(c)(3)). 96A Record of Eviction From Housing or Termination From Residential Programs. 97Ability and Willingness to Comply With the Terms of the PHA Lease. 987.8Misrepresentation of Any Information Related to Eligibility, Award ofPreference for Admission, Allowances, Family Composition or Rent .987.9 Acceptable Forms of Verification.987.10 Duration of Acceptable Verification .997.11 File Documentation.99CHAPTER 8. TENANT SELECTION AND ASSIGNMENT PLAN .1018.0 Overview.1018.1 Unit Offers to Applicants.101Plan A: One Unit Offer . 102Plan B: Two or Three Unit Offers. 1028.28.38.48.58.6Comparison of Plan A and Plan B.103Community-Wide and Site-Based Waiting Lists .103Due Process Rights for Applicants .104Good Causes for Applicant Refusal of Unit Offer .104Determining Which Unit to Offer When More Than One Is Available .1058.7 Uniform Federal Accessibility Standards (UFAS) Accessible or Adaptable Dwelling Units .1068.8 Leasing and Occupancy of Dwelling Units .1068.9 Transfers of Tenants .106CHAPTER 9. LEASING REQUIREMENTS .1089.0 Overview.1089.1 General Leasing Policy .1089.2 Move-in Inspections .1089.3 Additions to the Household .1099.4 Family Sizes and the Transfer Requirement .1099.5 Visitors, Guests and Unauthorized Occupants .109PART 3: PUBLIC HOUSING INCOME AND PROGRAM RENTSCHAPTER 10.INCOME AND PROGRAM RENTS .112iv
Public Housing Occupancy Guidebook10.0 Overview .11210.1 Annual Income (24 CFR § 5.609) .112Amounts Included in Annual Income . 113Amounts Excluded from Annual Income (24 CFR § 5.609(c)). 116Treatment of Assets and Determining Income from Assets. 121Definition of Net Family Assets (24 CFR § 5.603) . 12110.2 Adjusted Income – Statutory Deductions (24 CFR § 5.611).122Dependent Deduction. 123Elderly and Disabled Family Deduction. 123Child Care Deduction. 123Disability Expense Deduction. 124Unreimbursed Medical Expense Costs . 125The 3 Percent “Deductible” for Disability and Medical Deductions . 126The 3 Percent “Deductible” with Both Unreimbursed Medical and Disability Expense Deductions. 12710.3 Adjusted Income – Permissive Deductions.127How Deductions Affect Rent. 129Impact on PHA Operating Budget. 13010.4 Income-Based Rent and Minimum Rent .130How Optional Changes to Income-Based Rents Work. 131Optional Changes in the Percentage of Rent Paid. 133Other Reasonable Systems . 13410.5 Ceiling Rents.13410.6 Flat Rents .135Overview. 135Setting Flat Rents Properly (24 CFR § 960.253(b)). 135Rent Choice (24 CFR § 960.253). 136Reexamination (24 CFR § 960.253). 137Switching from Flat Rent to Income-Based Rent Because of Hardship (24 CFR § 960.253) . 137Annual Review of Flat Rents (24 CFR § 960.253) . 13710.7 Relationship Between Rents and Utility Allowances.13810.8 Utility Reimbursement .13910.9 Earned Income Disallowance.139Overview. 139Terminology . 139Qualifying for a Disallowance . 140Disallowance Amounts (24 CFR § 960.255 (b)) . 141Disallowance Periods (24 CFR § 960.255 (b)) . 142Maximum Disallowance Period. 143Earned Income Disallowance Examples . 144Individual Savings Account (24 CFR § 960.255 (d)) . 145PART 4: CONTINUED OCCUPANCY OF PUBLIC HOUSINGCHAPTER 11. TRANSFERS .14711.0 Overview .14711.1 Types of Transfers .147v
Public Housing Occupancy Guidebook11.2 Priorities Among Types of T
Public Housing Occupancy Guidebook U.S. Department of Housing and Urban Development Office of Public and Ind
