DRAFT RSC – HOTMA Compliance

The purpose of the Resident Selection Criteria is to establish fair and equitable guidelines for selecting applicants to occupy housing units managed by CCH.  All applicants must complete an initial certification and meet all eligibility criteria prior to being offered a unit.  The criteria listed in this document applies to all applicants; however, special criteria that is unique to program units, due to funding sources of the Property, may be listed in the attached exhibits.

CCH reserves the right to make modifications to this plan as necessary.  When the plan is revised, the effective date of the new plan will be noted on the cover page.  In addition, any time a new plan is implemented, all applicants on the waiting list and current residents will be provided with notice that a revised plan is being implemented and that they may request a copy from the management office.

Limited English Persons Notice

CCH ensures that person with Limited English Proficiency (LEP) not be discriminated against nor denied meaningful access to housing built and managed by CCH.  In order to ensure meaningful access and participation for LEP persons, CCH provides language services (interpretation) at no cost and takes reasonable steps to see that language services are provided according to the provisions of CCH’s Language Access Plan (LAP).

Language Access Statement

CCH wishes to notice all applicants and residents that have limited ability to read, speak, write, or understand English, that they have the right to receive Free Oral Interpretation at no cost, regardless of language, type of service, benefit, or encounter.

CCH intends to provide written translations of vital documents in the following languages: Arabic, Chinese, English, Korean, Russian, Spanish, Tagalog, and Vietnamese. 

Copies of CCH’s full Language Access Plan available upon request.

HUD Privacy Act Notice

The Department of Housing and Urban Development (HUD) is authorized to collect information by the U.S. Housing Act of 1937 (42 U.S.C. 1437 et seq.), by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and by the Fair Housing Act (42 U.S.C. 3601-19).  The Housing and Community Development Act of 1987 (42 U.S.C. 3543) requires applicants and participants to submit social security number of each household member.

To help ensure the privacy of applicant and tenant information, CCH is subject to penalties for unauthorized disclosure of applicant/tenant information.  In addition, applicants and tenant may initiate civil action against CCH for unauthorized disclosure or improper use of the information they provided.

Community Privacy Statement

It is the policy of CCH to guard the privacy of applicants and residents as conferred by the Federal Privacy Act of 1974 and to ensure the protection of such records maintained by CCH.  Therefore, neither CCH, nor its agents or employees shall disclose any personal information contained in its records to any person or agency unless the individual about whom information is requested shall give written consent to such disclosure.  The Privacy Policy in no way limits CCH’s ability to collect such information as it may need to determine eligibility, compute rent, or determine suitability for tenancy.

Consistent with the intent of Section 504 of the Rehabilitation Act of 1973, any information obtained regarding disability or disability status will be treated in a confidential manner.

CCH Non-Discrimination Statement

CCH does not discriminate on the basis of race, color, religion, sex, disability, familial status, national origin, marital status, ancestry, source of income, age, medical condition (cancer/genetic characteristics), creed, Acquired Immune Deficiency Syndrome (AIDS), or AIDS related condition (ARC), sexual orientation, gender, gender identity, gender expression, genetic information, citizenship, immigration status, primary language spoken, any arbitrary basis or any other basis protected by federal, state, or local law.

Section 504 Equal Access Statements

For mobility-impaired persons, this document is kept at CCH’s management company office located at 1855 Olympic Boulevard, Suite 200; Walnut Creek, CA 94596.  Documents may be examined from Monday through Friday between the hours of 9:00 AM to 5:00 PM.  You must phone to plan to examine this document.  Please call (510) 632 – 6712 and TDD users may dial 711.

For hearing-impaired persons, CCH will help in reviewing this document.  Assistance may include provision of a qualified interpreter at a time convenient to both CCH and the individual with disability.  Please call the TDD number NEED to schedule an appointment.

For vision-impaired persons, CCH will provide a staff person to assist in reviewing this document.   Assistance may include describing the contents of the document, reading the document or sections of the document, or providing such other assistance as may be needed to permit the contents of the document to be communicated to the person with vision impairments.

Assistance to ensure equal access to this document will be provided in a confidential manner and setting. The individual with disabilities is responsible for providing their own transportation to and from the location where this document is kept.

If an individual with disabilities is involved, all hearings or meetings required by this document will be conducted at an accessible location with appropriate assistance provided.

Equal Opportunity Statement

CCH will apply the same screening criteria to all applicants; however, CCH is obligated to offer qualified applicants with disabilities additional consideration in the application of rules, policies, and practices, or services and structural alterations, if it will enable an otherwise eligible applicant or tenant with a disability an equal opportunity to access and enjoy the housing.

CCH will seek to identify and eliminate situations or procedures which create a barrier to equal housing opportunity for all.  In accordance with Section 504, CCH will make physical or procedural changes to permit individuals with disabilities to have full advantage of housing.  See Reasonable Accommodations section below.

Marketing & Outreach

    Duration

CCH shall review and update the Affirmative Fair Housing Marketing Plan (AFHMP) at least every five years, or more frequently if relevant demographics change, or as otherwise needed in order to ensure compliance with applicable federal, state, or local law/guidance and CCH guidelines, as may be amended from time to time (or any successor guidelines or directives).

    Contents

CCH shall prepare the following materials which shall comprise an AFHMP:

·       Informational materials for applicants including a general description of the overall project that provides key information such as the number of units, amenities, number of parking spaces per unit, distribution of bedrooms, accessible units, etc.;

·       Description of the eligibility requirement for the property;

·       Description of the rules for applying and the order in which applications will be processed;

·       Lottery and resident selection procedures;

·       Clear description of the preference system being used (if any);

·       Description of the measures that will be used to ensure affirmative fair marketing will be achieved including a description of the affirmative fair marketing and outreach methods that will be used, ample advertisements to be used, and a list of publications where ads will be placed;

·       Application materials including:

o   Application for Housing Form;

o   Supplement(s) to Application;

o   A statement regarding the housing provider’s obligation not to discriminate;

o   Information indicating that persons with disabilities are entitled to request a reasonable accommodation or modification; and

o   An authorization for consent to release information

·       CCH will utilize the HUD AFHMP unless the absence of HUD funding.

    Approval

The AFHMP must be approved by the subsidizing Agency(ies), Regulators, Investor(s), Owner, and other Stakeholders before the marketing and application process commences.

    Applicability

Aside from the advertising component of the AFHMP, which applies to all units, the AFHMP shall be applied to affordable units upon availability for the term of affordability and must consist of actions that provide information, maximum opportunity, and otherwise attract eligible persons protected under state and federal civil rights laws that are less likely to apply.

    Criminal Backgrounds

Criminal background checks are not required under these AFHMP guidelines.  However, if criminal inquiries and checks will be utilized after the initial application process, the use of such inquiries and checks are subject to the approval of the Subsidizing and Funding Agency(ies).  Criminal background screening shall not be conducted as a precondition for an applicant participation in the lottery.

CCH complies with applicable Ban-The-Box and Fair Chance Ordinances of the property.  See EXHIBIT C.

    Outreach and Marketing

Marketing should attract the community by extending to the regional statistical area as well as the state and must meet the following requirements:

·       Advertisement Notices should be sent to local fair housing commissions, non-profit housing corporations, other low-income housing advocacy organizations serving low-income individual, disabled adults, and other likely to be eligible for housing units, area churches, local and regional housing agencies, local housing authorities, civic groups, lending institutions, social service agencies, community-oriented radio, internet, and other non-profit organizations;

·       Advertising content will indicate Ban-The-Box or Fair Chance Ordinances;

·       Announcements will be posted at the CCH Office(s), and other nearby buildings managed by CCH;

·       Marketing should be included in non-English publications based on the prevalence of particular language groups in the regional area.  To determine prevalence of a particular language by geographical area, see http://www.lep.gov/demog_data/demog_data.html;

·       All marketing should be comparable in terms of the description of the opportunity available, regardless of the marketing type (e.g., local newspaper vs. minority newspaper).  The size of the advertisements, including the content of the advertisement, as well as the dates of the advertising unless affirmative advertising occurs first, should be comparable across regional, local, and minority newspapers;

·       All advertising and marketing materials should indicate resident selection by lottery or other random selection procedure, where applicable;

·       All advertising should offer reasonable accommodations in the application process;

·       Pursuant to fair housing laws, advertising/marketing must not indicate any preference or limitation, or otherwise discriminate based on race, color, disability, religion, sex, familial status, sexual orientation, gender identity, national origin, genetic information, ancestry, children, marital status, or public assistance recipient.  The prohibition includes phrases such as “active adult community” and “empty nesters.”  Exceptions may apply if the preference or limitation is pursuant to a lawful eligibility requirement.

·       The Fair Housing Logo and slogan should be included in all marketing materials.  The logo is obtained at HUD’s website: http://portal.hud.gov/hudportal?HUD?src=/library/bookshelf11/hudgraphics/fhelogo

    Availability of Applications

Advertising and outreach efforts shall identify locations where the application can be obtained.  Applications shall be available at public, wheelchair accessible locations, including one that has some night hours; usually a public library will meet this need.  Applications shall be available for download on CCH’s website: www.wearecch.org The advertisements and other marketing materials shall include a telephone number, as well as the TTY/TTD telephone number, that persons can call to request an application by mail.  Advertisements and other marketing materials cannot indicate that the applicants must appear in person in order to receive or submit applications or those will have an advantage over applicants who do not appear in person.

    Informational Meeting

At the time of initial marketing for a new building, the lottery administrator must offer one or more informational meetings for potential applicants to educate them about the lottery process and the housing development.  These meeting may include local officials, developers, and local bankers.  The date, time, and location of these meetings hall be published in ads and flyers that publicize the availability of lottery applications.  The workshops shall be held in a municipal building, school, library, public meeting room, or other accessible space.  Meetings shall be held in the evening or on weekend’s days in order to reach as many potential applicants as possible.  However, attendance at a meeting shall not be mandatory for participation in a lottery.  The purpose of the meeting is to answer questions that are commonly asked by lottery applicants.  Usually a municipal official will welcome the participants and describe the municipality’s role in the affordable housing development.  The lottery administrator will them explain the information requested on the application and answer questions about the lottery drawing process.  CCH should be present to descript the development and to answer specific questions about the affordable units.  At the meeting the lottery administrator should provide complete application materials to potential applicants.

After initial marketing, informational meetings shall be at the discretion of building management and CCH.

    Marketing Records

CCH and the property shall maintain records of its activities in implementing the affirmative marketing plan, including records of advertisement and other community outreach efforts.  Racial and ethnic characteristics of applicants and tenants will be maintained at the management office and will be updated annually.  CCH complies with the marketing requirements of the regulatory funders of the project.

Notice

The Violence Against Women Act (VAWA) provides legal protections for victims of domestic violence, dating violence, sexual assault, or stalking. These protections prohibit CCH from denying assistance and from evicting or terminating assistance from individuals and their affiliates if the asserted grounds for such actions are an instance of domestic violence, dating violence, sexual assault, or stalking. 

VAWA protections are not only available to women, but are available equally to all individuals regardless of sex, gender identity, or sexual orientation. The U.S. Department of Housing and Urban Development (HUD) is the Federal agency that oversees properties owned and/or managed by CCH are in compliance with VAWA.

All applicants admitted to CCH housing will be required to sign form HUD-91067, the VAWA Lease Addendum, which informs residents of their protections under this act.  In addition, all applicants will be provided with the Notification of Occupancy Rights, form HUD-5380 and Certification form HUD-5382 upon acceptance or denial for housing.

Protections for Applicants

If you otherwise qualify for assistance, you cannot be denied admission or denied assistance because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.

If an applicant or resident requests protection provided under VAWA, CCH will provide the applicant with the HUD-approved certification form, Form HUD-5382, where the request for protection shall be certified.  CCH shall be mindful that the delivery of the certification form to the resident or applicant via mail may place the victim at risk, and therefore will work with the applicant or resident for an acceptable delivery arrangement.  In lieu of the certification form or in addition to it, CCH may accept a federal, state, tribal, territorial, or local police record or court record or documentation signed and attested to by a professional (employee, agent, or volunteer of a victim service provider, an attorney, medical personnel, etc.). from which the victim has sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking or the effects of the abuse.

VAWA Documents

All documents relating to an individual’s domestic violence, dating violence, sexual assault, or stalking will be retained in a separate, secure location apart from other resident files.  All CCH policies, procedures, forms, etc., and HUD forms related to VAWA are provided in an exhibit to the Resident Selection Criteria.   See EXHIBIT J.

CCH has many properties that are specially funding and therefore adopt special eligibility criteria and additional requirement in order for applicant to be accepted.  CCH will inform all applicants of available preferences, and give all applicants the opportunity to show that they qualify for any preference(s).  The below preference(s) apply to all CCH communities, unless otherwise stated in EXHIBIT E of this RSC.

General Preferences (Federal & State)

HUD 221(d)(3) Statutory Preference (HUD 221) – Federal or Presidential Disasters:  Preference will be given to applicants who have been displaced from units by government action or a presidentially-declared disaster.  This will be verified through the displacing agency or by reviewing documentation provided by government agency as necessary.

Leasing Priorities

     Accessible Units

Should a unit become available that includes special accessibility features, applicants needing these features will be given priority preference over applicants who do not indicate a need.  These needs will be verified via third-party with a licensed medical professional following CCH’s Reasonable Accommodation and Modification Policies and Procedures.

     Physical Rehabilitation

Should a unit within the property or CCH portfolio require significant physical rehabilitation, CCH may give transfer priority preference to households, with funder approval.

     Housing Authority Vouchers

The community gives priority preference to applicants for the Housing Authority (HA) Project Based Vouchers (PBV) assistance for units the property has under contract with the HA.  Referrals for these units are under the specific guidelines related to the HA PBV qualification criteria directly administered by the HA.

     HUD Section 8

In communities with apartments subsidized under the Section 8 program, HUD requires that no less than 40% of the Section 8 units that become available for occupancy in any project fiscal year be leased to extremely-low income families. 

We meet this requirement by filling the first Section 8 slot/apartment each year with the first applicant/resident on the waiting list who meets the eligibility requirements and the Extremely Low Income Limit.  The second Section 8 slot/apartment each fiscal year will be filled with the next person on the waiting list who meets the eligibility requirements.  Each time a vacancy occurs, management will determine whether the apartment/Section 8 slot can be filled with the next qualified person on the waiting list, or if it is necessary to “skip” to the first person who meets the extremely low-income limit in order to ensure that the 40% requirement is met.

Avoiding Potential Discriminatory Effects

The local selection preferences must not disproportionately delay or otherwise deny admission of non-local residents that are protected unde3r state and federal civil rights laws.  The AFHMP should demonstrate what efforts will be taken to prevent a disparate impact or discriminatory effect.  For example, the community may move minority applicants into the local selection pool to ensure it reflects the racial/ethnic balance of the HUD defined Metropolitan Statistical Area as described below.  However, such a protective measure may not be sufficient as it is race/ethnicity specific; the AFHMP must address other classes of persons protected under fair housing laws who may be negatively affected by a local preference.

To avoid discriminatory effects in violation of applicable fair housing laws, the following procedure should be followed unless an alternative method for avoiding disparate impact (such as lowering the original percentage for local preference as needed to reflect demographic statistics of the MSA) is approved by the Subsidizing Agency.  If the project receives HUD financing, HUD standards must be followed.

¹Note: This protective measure may not be dispositive with respect to discriminatory effects.  For example, the non-local applicant pool may contain a disproportionately large percentage of minorities, and therefore adjusting the local preference pool to reflect demographics of the regional area may not sufficiently address the discriminatory effect that the local preference has on minority applicants.  Therefore, characteristics of the non-local applicant pool should continually be evaluated.

CCH Guidelines

CCH has adopted a general occupancy of rule of a minimum of one person per bedroom and maximum of two persons per bedroom plus one.

A maximum of two persons can occupy studio units and a minimum of one person.

A maximum of three persons can occupy one-bedroom units and a minimum of one person.

A maximum of five persons can occupy two-bedroom units and a minimum of two persons.

When counting household members, every member listed on the application, 50059, or lease is counted including all full-time members, persons temporarily absent from the family, children anticipated to live with the family, live-in aides, foster children, and foster adults.

CCH is required to establish reasonable occupancy standards that will assist as many people as possible (without overcrowding) and minimize vacancies.

CCH must comply with all reasonable state and local health and safety restrictions regarding the maximum number of persons permitted to occupy a unit.  In the absence of such restrictions, ‘overcrowding’ is deemed to occur when the total number of persons in the unit exceeds two persons per habitable sleeping room.  A habitable sleeping room is any room except the following: kitchen, bathroom, hallway, or dining room.

CCH will take into consideration the composition of the household when determining the appropriately-sized unit.  Persons of different generations, opposite gender, and unrelated adults will not be required to share a bedroom.

Below is CCH’s adopted Occupancy Guidelines, please note that program requirements may require more restrictive occupancy minimums and maximums at this Property. See EXHIBIT E.

Occupancy Guidelines

The occupancy standard is the minimum and maximum number of household members that may reside in a specific unit.  When counting household members, every member listed on the application, HUD-50059, TIC, or lease is counted including all full-time members, person temporarily absent from the unit, children anticipated to live with the family, children away at school, live-in aides, foster children and foster adults.

In the event an applicant household member, or someone associated with that household, has a physical or mental disability, which requires a variance from these occupancy standards, the applicant should make a request for reasonable accommodation which may be granted if it does not create an undue financial or administrative burden or create a fundamental change to the nature of the property.  As with all accommodation request, whether the request is reasonable will be evaluated on a case-by case basis.

Accessible Units

This property may contain units that are fully accessible, including features for persons with mobility, visual, and/or hearing impairments.

In the event that an accessible unit designed to meet the special needs of persons with mobility impairments becomes available, preference will be given to a current tenant in the building who requires and has requested an accessible unit.  Tenants or applicants may also request a modification to any unit in the building to accommodate special needs as a result of a disability.

In the event that no tenant is available for transfer, CCH will market to individuals with mobility impairment before offering the unit to an individual who does not require it accessible features.  If all marketing efforts do not result in finding such an applicant, the unit will be offered to the next eligible applicant.  Should the unit be offered to an applicant or tenant who does not require its modifications, they will be required to sign an agreement to transfer to a comparable non-accessible unit within the building should a tenant or applicant require an accessible unit in the future. Failure to transfer as agreed shall be deemed non-compliance with the Lease and be cause for termination of the Lease.

Property specific accessible units and features are provided in an exhibit to the RSC.  See EXHIBIT E.

Policy Statement

CCH will apply the same screening criteria to all applicants.  However, CCH is obligated to offer qualified applicants with disabilities additional consideration in the application of rules, policies, and practices, or services and structural alterations, if it will enable an otherwise eligible applicant or tenant with a disability an equal opportunity to access an enjoy the housing program.

This community is committed to making the apartment community readily accessible and usable by individuals with disabilities.  The community will consider any request by or on behalf of a disabled applicant or resident for:

A) A reasonable accommodation requesting a change in its rules and/or policies; or

B) A reasonable modification relating to alteration of the common areas or an individual unit

Any such request should be made in accordance with our Reasonable Accommodation or Modification Policy and Procedure (RAMPP) presented in and exhibit to the RSC.  See EXHIBIT B.

Policy Statement

Federal, state, and local civil rights laws require CCH reasonably accommodate applicants and residents with disabilities.  When a resident or applicant requests a Reasonable Accommodation to have a Live-In Aide, management must follow established procedures to ensure that the Live-In Aide meets applicable criteria and is aware of all rules and obligations that accompany residing on the premises.   The Live-In Aide policy attempts to place responsibility for the aide’s selection, delivery of services, and conduct with the resident while not limiting or impairing the rights of the person with disabilities or violating Section 504 of the Rehabilitation Act or the Fair Housing Act. 

It is unlawful to refuse to make Reasonable Accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with disabilities equal opportunity to use and enjoy a dwelling unit, including public and common use areas.  CCH applies the Live-In Aide Policy in cases where a Reasonable Accommodation has been requested to allow a person with disabilities to have an aide live in their apartment to provide essential care.  This Aide must not be obligated for the individual’s support, and would not be living in the unit except to provide the support services.

The entire Live-In Aide Policies and forms are presented in an exhibit to the RSC.  See EXHIBIT L.

Waiting List Policy

CCH administers its Waiting Lists as required by HUD or other Regulatory Agencies’ handbooks and regulations.  Accepting an applicant from a lower waiting list position before one in a higher position violates this policy and may be regarded as being discriminatory.

Waiting List Administration

      Opening and Closing the Property Waiting List

In order to maintain a balanced application pool, CCH may, at its discretion, restrict application intake, suspend application intake, or open/close waiting lists either in whole or in part.  Any waiting list opening may require a new lottery for new applicants.

Decisions about opening/closing the waiting lists will be based on the number of units turned by the property processes annually, applications available for a particular size and type of unit, number of applicants who qualify for a Property Preference, and the ability of CCH to house an applicant in an appropriate unit within a reasonable period of time.

Opening/closing the waiting lists or restricting intake(s) will be announced publicly in the same manner in which CCH advertises for rent and described in the Marketing & community Outreach Section.  During the period when the waiting list is closed, CCH will not maintain a list of individuals who wish to be notified when the waiting list is reopened, unless required by a Regulatory Funder.

     Updating the Property Waiting List

CCH shall update the waiting list, no less than once annually, to determine if applicants are still interested an eligible to remain on the waiting list.  CCH shall, at the time of each annual update, obtain current applicant information on at least the following:

·       Household characteristics (i.e. number of members, composition, or preference);

·       Household income, assets, and expenses;

·       Household types/needs (i.e. accessible or program units); and

·       Housing contact information

The updated information will be obtained from the applicant in writing and certified by the applicant’s dated signature that the information provided is true and correct.  CCH will notify each applicant by mail requesting the above information and confirmation of continued interest in remaining on the waiting list.  CCH must specific a reasonable timeframe in which the applicant is to respond, generally thirty (30) calendar days.

If the applicant replies affirmatively, its application will maintain its position on the waiting list.  If the reply is negative (or the applicant fails to respond), the applicant will be removed from the waiting list.  A final letter will be sent, to the last known address, stating the applicants standing in the waiting list, generally within five (5) business days.

     Contacting and Selecting Applicants from the Property Waiting List

Applicants will be contacted when vacancies become available.  The initial contact will be attempted by telephone a maximum of three (3) times within a 48-hour period; and will be followed by correspondence sent via U.S. Postal Mail stating such attempts and availability of a unit.

·       If the applicant fails to respond to CCH’s attempts (within fourteen (14) calendar days), they will be assumed no longer interested, removed from the Property Waiting list and CCH will move to the next applicant.

·       If the applicant responds to CCH, attends all intake eligibility meetings, and meets all eligibility and program requirements, CCH may extend a Housing Unit Offer.

o   If the applicant denies the offer or fails to respond within four (4) business days, the offer will be revoked and the unit will be offered to the next qualified applicant on the waiting list.

o   Should the applicant reject the offer and there is only one suitable vacancy available, CCH may allow the applicant to be given a second offer of a suitable vacancy as soon as one becomes available (assuming they continue to meet all eligibility and program requirements).

o   If the applicant rejects the second offer, the applicant will be removed from the waiting list, unless the applicant can verify that a hardship exists or that there are mitigating circumstances.

§  The reasonableness of the rejection will be determined by management and documented with the applicant’s Application for Housing file.

     Removal of Applicants from the Property Waiting List

CCH will not remove an applicant from the waiting list unless:

·       The applicant requests to be removed;

·       The applicant was clearly advised of the requirement to inform CCH of their continued interest in housing by a particular time and failed to do so;

·       CCH made a reasonable effort (at least three phone attempts and two written correspondence within fourteen (14) calendar days) to contact the applicant to determine if there is a continued interest in housing but has been unsuccessful; or

·       CCH notified the applicant of the intention to remove the applicant’s name because the applicant no longer qualifies for the property’s housing units.

Interview Procedures

When the applicant completes their original application, it will be preliminarily reviewed for completeness and legibility, and to determine that they meet the basic requirements to qualify for this housing program. If it appears that the applicant meets the basic requirements, the applicant will be added to the waiting list. This in no way means that an applicant qualifies for an apartment.

As an applicant’s name approaches the top of the Waiting List, an interview will be scheduled. All members of the applicant’s household must attend this interview. Failure to schedule and/or attend an agreed-upon time for an interview will be grounds for rejection. For applicants with limited English proficiency, language assistance is available.

All applicants must have an in-person interview with CCH staff, at which CCH will explain Resident Selection Criteria (also posted on CCH’s website: www.wearecch.org).  All adults who will live in a unit must attend an interview; and all household members may be asked to sign forms that will be sent out to 3^rd parties to verify information given on the application and interview forms prior to any offer to rent a unit.

CCH may offer interviews outside of normal business hours (which is generally Monday through Friday between 8:30 AM and 5:00 PM) and upon written request of Applicants to management of the community.

During the interview, all items on the application will be discussed and confirmed, and verification forms will be signed by the applicant(s) authorizing Management to verify all of these issues/items. Until all items are verified, eligibility cannot be determined, nor any housing offered. Management must make an attempt to verify all factors by “third party” verification, per HUD Regulations and Procedures. Third party verification includes sending verification forms directly to the source, but also includes the use of HUD’s Enterprise Income Verification System, which pulls data directly from the Department of Health and Human Services (HHS), the Department of Housing and Urban Development (HUD), the Social Security Administration (SSA), and Medicare/Medicaid for applicants requesting HUD subsidy.

Eligibility for housing can be confirmed only after all items of income, assets, household composition, etc., which may have any bearing on the rent that they may pay or subsidy they may receive, are verified.

If any applicant is abusive, blatantly disrespectful, disruptive, or otherwise exhibits behaviors that would indicate the potential tenant may pose a significant threat/danger to themselves, other tenants, or property staff during the required interview, or such threatening behavior is witnessed by CCH staff at the property or management office outside of the interview, or the applicant otherwise known to CCH staff by credible, objective evidence, the applicant may not be accepted.  (Credible objective evidence is generally defined as incident reports, witness statements, police reports, video surveillance, etc.).

Ineligibility

Applicants may be ineligible for occupancy for various reasons including, but not limited to, the following:

1.      Not meeting the eligibility requirements listed in this plan or Exhibit E.

2.      Not meeting the applicable income limit published in Exhibit I.

3.      Not meeting the minimum income requirement, if applicable.

4.      Not meeting the student eligibility requirements.

5.      Submission of false/untrue information on the Application for Housing.

6.      Failing to cooperate/provide requested information during the application and interview process.

7.      Failing to schedule and/or attend two interviews.

8.      Refusing two unit offers without a valid medical reason or refusing three unit offers with a valid medical reason.

9.      Failing to meet the criminal background screening criteria.

10.  Household size not conforming to the occupancy guidelines.

11.  Failing to execute or sign designated or requirement forms.

12.  Failing to disclose and document Social Security Numbers on all non-exempt household members within 90 days of first unit offer.

13.  Failing to ensure unit offer will be the sole residence.

14.  Not willing to pay rent in the unit offer(s) (or calculated rent under subsidy program).

15.  Failing to present all applicants during the interview process.

16.  Misrepresenting any information related to eligibility, allowance, household composition, or rent.

17.  Failing or unwilling to abide by the Smoke Free Policy.

18.  Failing or unwilling to abide by the Pet and Assistive Animal Policy.

19.  Failing or unwilling to abide by the Live-In Aide Policy.

20.  Failing or unwilling to fulfill and execute a lease agreement, with or without the assistance of a third party, such as a live-in aide, a relative, or a contract service.

21.  Exhibiting blatant disrespect or disruptive behavior, or demonstrating history of such behavior, towards management, the property, or other residents exhibited by any applicant or member of the household or friend any time prior to move-in.

22.  Engaging in illegal use of drugs or for which the owner has reasonable cause to believe that a member’s illegal use or pattern of illegal use of any drug may interfere with the health, safety, and right to peaceful enjoyment of the property by other residents.

23.  Interfering with the health, safety, and right to peaceful enjoyment from abuse or pattern of abuse of alcohol by any member.

24.  Being evicted more than twice within the past five years or once within the last three years from federally assisted housing for drug-related criminal activity.

25.  Any household member being subjected to a state sex offender lifetime-registration requirement in subsidized communities/units.

Decisions

     Approval of Applicant

If the applicant satisfies all the eligibility and selection criteria and the applicant is officially approved for tenancy, CCH will send the applicant a Housing Unit Offer and Acceptance letter to schedule an appointment for the applicant to pay any move-in costs and sign a rental lease agreement and conduct a unit inspection.

·       The term of the lease will commence for a period of one (1) year (and thereafter, on a month-to-month basis), until either part terminates the lease.

·       CCH may hold a unit for an applicant for only up to seven (7) calendar days upon provision of the security deposit or “promise to provide” from an agency participating in a rental/move-in assistance program.

·       If the applicant does not wish to rent an available unit or fails to move-in on the agreed upon date, the applicant may be disqualified, their application may be declined, and the unit may be offered to the next qualified applicant.

     Security Deposit

CCH must collect a security deposit at the time of the initial lease execution, amount of security deposit does not change if a tenant’s rent changes (but may change when transferring to another unit), must comply with any applicable state and local laws governing security deposit, is refundable, may be collected on an installment basis.

CCH collections a deposit equal to one month’s total tenant rent or $50.  NEED

Security Deposits are placed into a segregated, interest-bearing account.  CCH maintains a record of the amount in the segregated interest-bearing accounting, and allocates interest accrued on an annual basis less allowable administrative cos

  Rejection Procedures

An applicant may be denied at any time of they have not or will not meet one or more of the eligibility and selection criteria.  If an applicant is denied, they will be notified in writing, in timely fashion, which will state the reason for denial and their right to appeal.  Appeal and Grievance Policies, Procedures, & Forms are presented as an exhibit to this RSC.

See EXHIBIT G.

Appeals

Applicants have fourteen (14) calendar days after the date of the denial letter to submit a written appeal to CCH:

                                                                CCH Appeals

                                                                1855 Olympic Bvld, #320

                                                                Walnut Creek, CA, 94596

                                                                [email protected]

An appeal must consist of documentation refuting the stated reason for rejecting the applicant, or requesting a reasonable accommodation and the basis for such an accommodation.

·       Available units will not be held open during the appeal procedure.  If a unit is not available at the completion of the appeal procedure and the appeal is granted, the applicant will be put back on the Waiting List in its original position.

·       CCH will consider any mitigating circumstances that the applicant feels would affect their application and that would overcome or outweigh information already gathered in the resident screening process.

·       Mitigating circumstances must be documented in the appeal, and must corroborate the reason(s) given by the applicant for the disqualifying circumstances.

·       Applicants have the right to dispute the accuracy of any information provided to CCH by the Consumer Reporting Agency or Screening Company.  The contact information will be contained in the denial letter for the applicant to contact the Consumer Reporting Agency or Screening Company that provided the information to CCH.

o   The applicant has the right to obtain a free copy of the consumer report from the consumer reporting agency if the applicant requests it within 60 days of the application denial.

·       CCH will notify the applicant of their final decision no more than five (5) business days of receipt of the applicant’s written notice of appeal.

o   CCH may require further information or research to give full consideration to the appeal, in which case will send an update letter extending their final decision date up to thirty (30) calendar days.

If a denial letter is sent and no response or new evidence is received within fourteen (14) calendar days, CCH will close the file permanently. All documentation created and collected during the application process will be kept, confidentially, for three (3) years.

Policy Statement

Residents may be allowed to keep pets with CCH approval and persons with disabilities who require an Assistance Animal to assist, support, or provide services should refer to CCH’s Animal Policies presented in an exhibit to the RSC. See EXHIBIT J.

Policy Statement

CCH properties are designated as Non-Smoking Properties.  Smoking is prohibited in all areas of the property including the interior of apartments, all indoor and outdoor common areas on the property, unless otherwise noted in the attached Exceptions to General Resident Selection Criteria.  See EXHIBIT E.

It is the responsibility of applicants and residents to inform their guests of the Non-Smoking Policy.  Any violation of the Non-Smoking Policy will be deemed a material breach of the Rental Agreement and grounds for immediate termination of the Lease/Rental Agreement.

The adoption of a Non-Smoking Policy does not make the Owner the guarantor of the resident’s health or that the property will be free of smoke but management shall take reasonable steps to enforce this policy. 

CCH Smoke Free Housing Policy is presented in an exhibit to the RSC.  See EXHIBIT N.

Policy Statement

All unit transfers will be processed in accordance with the Transfer Policy presented in an exhibit to the RSC.  No transfer will be given to residents wishing to be relocated to other communities owned or managed by CCH (or same entity). See EXHIBIT J.

Vacant units will be filled on an alternating basis between in-place residents requiring Mandatory or Administrative Transfers or applicants on the outside Waiting List.  In this manner, management will be able to avoid displacing, through eviction or other actions, current residents whose housing needs have changed since admission.