Resident Selection Criteria Documents - DRAFT

Click below for links to draft PDF documents

 

Below you will find content sections of the Draft Resident Selection Criteria for review

and a comment form (available until June 30th, 2024) to provide feedback

to CCH Management prior to final publication and translations on August 31, 2024.

DRAFT General Sections (Eligibility Sections Below)

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.

Complete an Application For Housing

Assistance is available if an applicant requires assistance in complete the Application For Housing by contacting the Property or Leasing Agent.

All applicants must complete and Application For Housing and certify that all information supplied is complete and accurate.  Providing false, inaccurate, or incomplete information may disqualify a prospective tenant.  Intentionally providing false information on any part of the application is considered fraud and may result in failure of the applicant to obtain a housing offer.  If discovered after an applicant becomes a tenant, this may result in loss of housing or housing assistance.  Applications For Housing should be completed in entirety to the best knowledge of the applicant(s); if an Applicant is unaware or chooses to not disclose information, they may provide a response of “N/A” as informed on the Application For Housing.  Incomplete applications may be excluded from lottery processing or may delay eligibility processing.

In addition to the application, applicants must complete HUD Form 92003, Supplement to Application for Federally Assisted Housing.  This form gives the applicant the opportunity to identify an individual or organization that may be contacted to assist in resolving any issues that may arise during the application or tenancy process.

 

Submit an Application For Housing

The Application For Housing must be signed and dated by digital signature if submitted electronically, or if a physical copy is submitted, by all adult members for the application to be considered.  Applications can be submitted electronically, by mail, or in person as indicated on the Application For Housing Cover Page or Property Marketing Flyer.

Any applicant who appears to qualify after management reviews the application, but before any information is formally verified, will be placed on the Waiting List. The applicant is then informed approximately how long the wait for an apartment may be. All applicants on the waiting list are required to provide timely changes to their contact information.

 

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 3rd 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. 

DRAFT Eligibility Sections

Asset Limitations (HOTMA)

All applicants of HUD Multifamily Housing Programs, except Section 202/811 PRAC, Section 236 IRP, Section 811 PRA, and SPRAC, are restricted to admission and/or assistance if the family owns real property that is suitable for occupancy by the family as a residence or has assets in excess of $100,000, as adjusted annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers.

CCH will enforce the asset limitation for examinations effective on or after January 1, 2025.


Self-Certification of Net Family Assets (HOTMA)

CCH has not adopted a policy to allow for self-certification of net family assets for families with net family assets that are equal to or below $50,000 and will verify all family’s assets on an annual basis for the HUD Multifamily Housing Programs.

For all other programs, especial for the Low-Income Housing Tax Credit program, CCH must accept a family’s self-certification of net family assets if the assets are no more than $50,000 and anticipated income earned from assets without taking additional steps to verify accuracy at admission and reexaminations.

Citizen/Non-Citizen Requirements

By law, only U.S. citizens and noncitizens with eligible immigration status as determined by HUD may receive assistance under the HUD Multifamily Programs, except Section 202 PAC, Section 202 PRAC, and Section 811 PRAC.  All family members who wish to be considered for one of these programs, regardless of age, must declare their citizenship or immigration status. 

U.S. Citizens must sign a declaration of citizenship.  Eligible noncitizens, under the age of 62, must sign a declaration of eligible immigration status, provide documentation of their status, and sign a verification consent form to verify eligible status with the Department of Homeland Security.  Eligible noncitizens age 62 or older must sign a declaration of eligible immigration status and provide proof of age.  Ineligible noncitizens must sign a declaration stating that they do not claim eligible immigration status.  Mixed households with one or more ineligible family member(s) are eligible for prorated assistance.

CCH will require applicants to do the following:

·       Complete a Family Summary Sheet listing all family members who will reside in the apartment.

·       Complete a Citizenship Declaration for each family member listed on the Family Summary Sheet. 

·       Contain at least one member of the applicant household be a citizen or national of the United States, or an eligible non-citizen as defined by HUD (24 CFR part 5, subpart E).

Consent and Verification Forms

All applicants of CCH must have the head of household, the spouse and/or co-head, and all other adults and emancipated minors in each applicant household must sign a CCH Authorization for Release of Information.

All applicants of HUD Multifamily Housing Programs must sign the consent form (Authorization for the Release of Information Forms HUD-9886/HUD-9887) at admission, and participants must sign the consent form no later than their next interim or regularly scheduled income reexamination.  IF signed on or after January 1, 2024, they do not need to sign and submit subsequent consent forms except under the following circumstances: (1) Any person 18 years or older becomes a member of the family (2) a member of the family turns 18 years of age (must sign consent forms within 30 calendar days of 18th birthday); or (3) a prior Revocation of Consent (see section below).

All information provided by applicants will be verified in accordance with HUD Regulations and Requirements, as stated in HUD Handbook 4350.3REV-1 and any State Low Income Housing Tax Credit Agency or Local Funding Entities.  Applicants will be required to sign appropriate forms authorizing management to verify any and all factors that affect the applicant’s eligibility, the rent that the applicant will pay, or the subsidy that they would receive.

 

Revocation of Consent (HOTMA)

Executed consent forms will remain effective until the family is denied assistance, the assistance is terminated, or if the family provides written notification to CCH to revoke consent.  Families have the right to revoke consent by providing written notice to CCH; however, revoking consent will result in termination of assistance or denial of admission by CCH policy.  If a family voluntarily leaves a HUD Multifamily Housing Program, the family’s assistance is considered to be terminated and the signed consent forms will no longer be in effect.

 

Revocation of consent or refusal to sign the consent forms prohibits CCH from requesting and accessing income information and financial records, including pulling EIV reports and using EIV data to verify income.  CCH will not be able to process initial, interim or annual reexaminations of income, including when a family’s income decreases and the family requests an interim reexamination to decrease tenant rent, without the family’s executed consent form(s).

Credit Requirements

 

CCH does not conduct a credit history as reported by credit bureaus and the existence, positive or negative, or lack of credit existence is not part of our resident selection criteria.

Deductions and Expenses

Dependent Deduction

Effective January 1, 2024, the dependent deduction amount is $480 and will be adjusted annually and applies to a family’s next annual or interim reexamination after the annual adjustment.  HUD publishes annual adjustments by the first of September and CCH will implement on the following first of January.

Elderly/Disabled Family Deduction

Effective January 1, 2024, the elderly/disabled family deduction is $525 and will be adjusted annually and applies to a family’s next annual or interim reexamination after the annual adjustment.  HUD publishes annual adjustments by the first of September and CCH will implement on the following first of January.

Unreimbursed Health and Medical Care Expenses and Reasonable Attendant Care and Auxiliary Apparatus Expenses Deduction

The sum of unreimbursed health and medical care and reasonable attendant care and auxiliary expenses that exceed ten (10) percent of the family’s annual income can be deducted from annual income.  Please see definition section for more details.

 

Hardship Exemptions for Expenses (HOTMA)

CCH will provide hardship relief to any family that demonstrates its eligible health and medical care expenses, that qualify under HUD regulation, or disability-related expenses, that meet the HUD definition of a disability related expense, exceed 5% of the family’s annual income.

Families may be eligible for relief under one of two categories: (1) Phased-In Relief or (2) General Relief.  A family that receives phased-in relief may request to receive general relief; however, once a family chooses to obtain general relief, a family my no longer receive the phased-in relief.

Phased-In Relief

All families who receive a deduction for unreimbursed health and medical care and/or reasonable attendant care or auxiliary apparatus expenses prior to January 1, 2024, will begin receiving the 24-month phased-in relief at their next annual reexamination or interim reexamination (whichever occurs first after January 1, 2025).  Families will have eligible expenses deducted that exceed five (5) percent of annual income for 12 months, and then seven-point five (7.5) person for the next 12 months.  After the 24 months, the family will remain at the ten (10) percent threshold, unless the family qualifies for relief under the general relief.

CCH will not establish a policy to continue the phased-in relief for families who were eligible for relief as of January 1, 2024, and who are treated as new admissions under a different program.

General Relief

To receive general relief, a family must demonstrate that the family’s unreimbursed health and medical care expenses or unreimbursed reasonable attendant care and auxiliary apparatus expenses increased, or the family’s financial hardship is a result of a change in circumstances that would not otherwise trigger an interim reexamination.

Relief is available regardless of whether the family previously received an unreimbursed health and medical care expense deduction, unreimbursed reasonable attendant care and auxiliary apparatus expense deduction, are currently receiving phased-in hardship relief, or were previously eligible for either this general relief or phased-in relief.

 

Families will receive a deduction for the sum of the eligible expenses that exceed 5 percent of annual income and relief ends when the circumstances that made the family eligible for the relief are no longer applicable or after 90 days, whichever come earlier.  CCH does not allow for an extension of the relief for any additional 90-day periods.

Drug Abuse & Criminal Activity Requirements

HUD Regulations require that we deny admission to applicant households under the following: (1) Any household member was evicted in the last three (3) years from federally assisted housing for drug-related criminal activity, (2) Any household member is currently engaged 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 a drug may interfere with the health, safety, and right to peaceful enjoyment of the property by other residents, (3) Any household member is subject to a State sex offender lifetime registration requirement, or (3) Any household member, if there is reasonable cause to believe that the member’s behavior, from abuse or pattern of abuse of alcohol, may interview with the health, safety, and right to peaceful enjoyment by other residents.

In addition to HUD Regulations and in lieu of the community’s HUD Multifamily Programs for applicants, CCH requires that all applicants must meet our criteria below, unless otherwise stated in EXHIBIT E.

Any household member who has any conviction within three (3) years for any of the crimes listed in CCH’s Criminal Criteria, will have an individualized assessment conducted to determine whether the person poses a threat to resident safety or property.

CCH Criminal Criteria:

·       Arson – Offenses relating to the willful or malicious burning or attempting to burn property.

·       Assault and Battery – Offenses relating to risk or threat of injury and bodily harm or infliction of actual physical injury and bodily harm (like reckless endangerment) OR to assault with intent to commit other crimes or infliction of actual physical injury and bodily harm (like aggravated assault, assault with intent to kill or commit sexual abuse).

·       Burglary – Offenses relating to the possession of criminal tools or breaking and entering a vehicle and accessory to burglary or offenses relating to breaking and entering of the building of another with an intent to commit a crime (like home invasions).

·       Domestic Crimes – Offenses relating to domestic violence or offenses against family/household members (like violating a protective order or non-support of dependents).

·       Most Serious Drug Crimes – Offenses relating to production or manufacture of methamphetamine.

·       Harassment – Offenses relating to intimidating or putting a person in fear for their safety (like annoying phone calls, invasion of privacy, or intimidating a witness).

·       Homicide – Offenses relating to operation of motor vehicle (like DUI resulting in death or vehicular homicide), offenses relating to negligent or involuntary manslaughter, manslaughter offenses not involving malice aforethought (like voluntary manslaughter), or homicide offenses involving malice aforethought (like murder or attempted murder).

·       Robbery – Offenses relating to theft by use of force or violence (like armed robbery).

·       Sex Crimes – Offenses relating to prostitution, pornography, lascivious conduct (like indecent exposure or solicitation for sex/pandering), offenses relating to sexual abuse of adults, children, or minors.

·       Theft/Larceny – Offenses relating to knowingly obtaining control over another’s property with intent to deprive owner of their property (like grand larceny or automobile theft).

 

·       Weapons Related – Offenses relating to possession or use of firearms, terrorism, and weapons of mass destruction.

Enterprise Income Verification (EIV) Usage (HOTMA)

CCH must use HUD’s EIV system in its entirety for HUD Multifamily Housing Programs and provide separate EIV Policies and Procedures. CCH will use HUD’s EIV system and reports as follows:

·       At Application Processing

o   Existing Tenant Search

·       Monthly after admission

o   Deceased Tenants Report

o   Failed EIV Prescreening Report

o   Failed Verification Report

o   Identity Verification Report

o   Income Discrepancy Report

o   Income Report for MFH Programs

o   New Hires Report

o   No Income Reported by HHS or SSA

o   No Income Reported on 50059

o   Summary Report

CCH does not use EIV to verify tenant employment and income information at interim reexaminations of family composition and income.  CCH will verify tenant employment and income information at interim reexaminations of family composition and income outside of HUD’s EIV system, but will document when such changes are reported during monthly reports of HUD’s EIV system.

 

CCH will utilize HUD’s Income Verification Tools (IVTs), Income Discrepancy Reports, and discrepancy logic once updated and ready for use.

Fraud/Interference

 

Any applicant whose conduct interferes with, hinders, delays, obstructs, or otherwise prevents the application process from being completed may be denied.  Any information provided by the applicant that is later proven to be untrue by verification may be used to disqualify the applicant for admission on the basis of attempted fraud.  Fraud is defined by HUD as an applicant or resident knowingly providing inaccurate or incomplete information.

Hardship Policy Requirements (HOTMA)

CCH has established the following policies defining what constitutes a hardship (i.e. when a family is unable to pay rent, triggering eligibility for a hardship exemption).

Qualifications of Hardship Exemptions

Families will qualify for a hardship exemption when (1) rent, utility payments, and expenses (child-care or health and medical expenses) are more than 50 percent of the family’s adjusted income or (2) a family has experienced and paid for unanticipated expenses (not eligible for reimbursement), such as large medical bills (verified by CCH via third party).

Verifications of Hardship Exemptions

CCH will obtain third-party verification of the family’s inability to pay rent.

Notifications of Hardship Exemptions

CCH will promptly notify families in writing of the change in the determination of adjusted income and the family’s rent resulting from the application of a hardship exemption.  Written notice will (1) inform the family of the dates that the hardship exemption will begin and expire, (2) the requirement for the family to report to CCH if the circumstances are no longer applicable, and (3) that the family’s adjusted income and tenant rent will be recalculated upon expiration of a hardship exemption.

Notifications of Hardship Exemptions Denial

CCH will promptly notify families in writing if they are denied either an initial hardship exemption or an additional 90-day extension of the exemption along with the specific reason for the denial.

Notifications of Hardship Exemptions Termination

CCH will notify family when hardship exemptions are no longer necessary and will be terminated because the circumstances are no longer applicable and will include the termination date and 30 days’ notice of rent increase (if applicable).

Extensions of Hardship Exemptions (90-Day Periods)

 

CCH, at its discretion, will not extend hardship exemptions, unless the circumstances surrounding the initial qualification of the hardship exemption have extended beyond its original verification and determination by CCH.

Income Limits

For units not subsidized under one of the HUD Multifamily Housing Programs, applicant households must meet the minimum income requirements for the unit.  The minimum monthly income is set at two (2) times the rent for the unit.  CCH may review and amend this requirement if deemed necessary.  Minimum income is not applicable to applicants under one of the HUD Multifamily Housing Programs or with a Section 8 voucher from a Housing Authority.

 

All household’s annual income must not exceed the applicable income limit for the community as established by HUD and/or the IRS, and as published in EXHIBIT I.

Identification

 

Positive identification with a picture will be required for all adult applicants (photocopy may be kept on file), should be a valid and current government agency issued identification.  Please note that government, does not mean exclusively the United States.  Identification could be a driver license, state-issued identification card, passport, or any other government-issued photo identification.  Some examples of unacceptable identification are local transportation cards, check-cashing identification, and other privately-issued identification.  Applications must include the date of birth of all applicants to be considered complete.

Interim Reexaminations

Reporting Changes (HOTMA)

Families must report all changes to household composition, income, and deductions within ten (10) business days, not to exceed fourteen (14) calendar days, of the change.

CCH is required to review changes reported by families within a reasonable time, not to exceed thirty (30) days.

Changes Reported Timely

When families report a change in family income or composition in a timely manner, as described above, CCH will provide the family with a thirty- (30) day advance notice of any rent increase, and such increase will be effective the first day of the month beginning after the end of the thirty- (30) day advance notice.  CCH will provide the family with a notice of any rent decrease and such decrease will be effective the first day of the month after the date of the actual change, which may be retroactive.

Changes Not Reported Timely

If families have failed to report a change in family income or composition in a timely manner, as described above, CCH must implement any resulting rent increase retroactively to the first day of the month following the date of the change.  CCH will implement any resulting rent decreases no later than the first rent period following the completion of the Interim Reexamination, unless CCH failed to process the family’s reported change within a reasonable time, not to exceed thirty (30) days.

 

Decreases in Adjusted Income (HOTMA)

A family may request an interim determination of family income for any change since the last determination.  CCH will process an interim reexamination when there is a decrease in family size attributed to the death or permanent move-out from the assisted unit of a family member during the period since the family’s last reexamination that results in a decrease in adjusted income of any amount.  CCH will only conduct an interim reexamination of family income if CCH estimates that the family’s adjusted income will decrease by an amount that is at least 10 percent of the family’s annual adjusted income.  CCH will not round up calculated percentages (e.g. a calculated decrease of 9.5 percent will not be rounded up to 10 percent).

 

Increases in Adjusted Income (HOTMA)

CCH must conduct an interim reexamination of family income when CCH becomes aware that the family’s adjusted income has changed by an amount that CCH estimates will result in an increase of 10 percent or more in annual adjusted income or another amount established through a HUD notice, with the following exceptions:

·       CCH may not consider any increases in earned income, unless the family has previously received an interim reduction during the same reexamination cycle.

·       CCH will not conduct an interim reexamination during the last three (3) months of a certification period, unless the family has delayed reporting the income increase until the last three (3) months of their certification period.

 

Non-Interim Reexamination Transactions (HOTMA)

Families may experience changes within the household that do no trigger an interim reexamination, but are still required to be reported to CCH.  In these cases, CCH must submit a separate action code to HUD, for the following transaction types:

·       Adding or removing a hardship exemption for the child-care expense deduction

·       Updating or removing the passed-in hardship relief for the health and medical care expense deduction and/or reasonable attendant care and auxiliary apparatus expense deduction;

·       Adding or removing general hardship relief for the health and medical care expense deduction and/or reasonable attendant care and auxiliary apparatus expense deduction;

·       Adding or removing a minimum rent hardship

·       Adding or removing a non-family member (i.e., live-in aide, foster child, foster adult);

·       Ending a family’s EID or excluding 50 percent (decreased from 100%) of a family member’s increase in employment income at the start of the second 12-month EID period;

·       Adding a family member and the increase in adjusted income does not trigger an interim reexamination under the final rule;

·       Removing a family member and the increase in adjusted income does not trigger an interim reexamination under the final rule;

·       Adding/updating a family or household member’s Social Security Number; and

·       Updating a family member’s citizenship status from eligible to ineligible or vice versa, resulting in a change to the family’s rent and/or utility reimbursement, if applicable (i.e., family begins receiving prorated assistance or previously prorated assistance becomes full assistance), or updating the prorated rent calculation due to the addition or removal of family members in household with an ineligible noncitizen(s).

CCH will make all other changes to assets, income, and deductions at the next annual or interim reexamination of income, whichever is sooner.

 

De Minimis Errors in Income Determinations (HOTMA)

CCH will take corrective action to credit or repay a family if the family was overcharged tenant rent because of de minimis errors (no more than $360 annually) in calculating family income.  If a family is undercharged for rent due to an owner miscalculation of income, families may not be required to repay.

CCH will provide credit to tenant accounts for any de minimis errors in calculating family income, unless the amount is over $99.  For amounts over $99, CCH will provide a one-time repayment by check.

 

Other Means/Determination of Family Income (HOTMA)

 

CCH will not determine a family’s annual income, including income from assets, prior to the application of any deductions based on income determinations made within the previous 12-month period, using income determinations from other means-tested public assistance (i.e. “Safe Harbor).

Rent Formulas

The applicant family must agree to pay the rent required by the programs regulating the property.

HUD guidelines require all tenant rents (monthly, prorated move-in/out) round up or down to the nearest whole dollar.

 

CCH adopts this guideline to all other housing programs.

Rental History

 

CCH verifies two (2) consecutive years of rental history and the absence of previous rental history by itself will not be a reason to reject an applicant.  If any member of the applicant household fails to fully and accurately disclose rental history, the application may be denied based on the applicant’s “misrepresentation” of information.  Applicants must not have more than one (1) eviction in the past three (3) years OR two (2) evictions in the past five (5) years.  

Residency/Assistance Requirements

All applicants must agree that their rental unit will be their sole place of residency.  Applicants are allowed to own real estate, whether they are retaining it for investment purposes as with other assets, or have the property listed for sale; however, they may never use this real estate as their residence while they live in an affordable housing unit or unless more restrictions exist within a HUD Multifamily Housing Program.

All applicants MUST disclose if they are currently receiving HUD housing assistance.  CCH will not knowingly admit or assist applicants who maintain a residence in addition to the HUD-assisted unit.  Nothing prohibits a HUD housing assistance recipient from applying to a CCH community; however, the applicant must move out of the current property where assistance is being received or may need to forfeit any Housing Choice Voucher before HUD assistance and admittance at this community can begin.

CCH will use the Enterprise Income Verification (EIV) System’s Existing Tenant Search to determine if the applicant or any member of the applicant household is currently receiving HUD assistance. 

Special consideration applies to: (1) Minor children where both parents share 50% custody, (2) Recipients of HUD assistance in another unit who are moving to establish a new household when other family/household members will remain in the original unit

This information will be reviewed on an annual basis, at each annual certification.  If any household member receives assistance in another HUD assisted unit while receiving assistance at this community, the household member will be required to reimburse HUD for assistance paid in error.  This is considered a material lease violation and may result in penalties up to and including eviction and pursuit of fraud charges.

If assistance becomes available and the other aspects of the eligibility review show that the applicant family is eligible for housing assistance, that assistance may be provided if at least one member of the applicant household has submitted the required documentation.  Following verification of the documentation submitted by all family members, assistance may be adjusted depending on the immigration status verified. 

 

If the review results in a determination of ineligibility, applicants will have an opportunity to appeal the decision.  Also, if the final determination concludes that only certain members of the applicant family are eligible for assistance, the family may be eligible for proration of assistance.  This means that when assistance is available, a reduced amount may be provided for the applicant family based on the number of members who are eligible.

Social
Security Number

All household members must disclose and provide verification of
the complete and accurate Social Security Number (photocopy may be kept on
file) assigned to them unless no Social Security Number has been assigned and
the household member meets one of the following exceptions:

·      
Household members who do not contend eligible
immigration status

·      
Household members who were age 62 or older on
January 31, 2010 and whose initial determination of eligibility was begun
before January 31, 2010

CCH Must deny and/or terminate HUD assistance, in accordance with
the provisions governing the program, if the assistance applicant does not meet
the applicable Social Security Number disclosure, documentation, and
verification requirements.

Applicants may not be required to disclose or provide
verification of a Social Security Number at the time of being placed on a
Waiting List; however, they must disclose and provide verification of a Social
Security Number for all non-exempt household members before they can be
housed.  If all non-exempt household
members have not disclosed and/or provided verification of their Social
Security Number at the time a unit becomes available, the next eligible
applicant will be offered the available unit. 
Applicants will have 90 days from the date they are offered the
available unit to disclose and/or verify the Social Security Number.  During this 90-day period, the applicant may
retain their place on the Waiting List. 
After 90 days, if the applicant is unable to disclose and/or verify the
Social Security Numbers of all non-exempt household members, the applicant will
be determined ineligible and remove from the Waiting List.

If a child under the age of 6 is added to the household within
the 6-month period prior to the household’s date of admission and the child’s
Social Security Number and verification are not available, the household will
have 90 days after the date of admission to provide the number and
documentation.  An extension of one (1)
90-day period would be allowed under circumstances beyond the family’s control.

The Social Security Number provided will be compared to the
information recorded in the Social Security Administration database (through
HUD’s Enterprise Income Verification System) to ensure that the Social Security
Number, birth date, and last name match. 
If EIV returns an error that cannot be explained or resolved, assistance
and/or tenancy may be terminated and any assistance paid in error must be
returned to HUD.  If the
applicant/resident deliberately provides an inaccurate Social Security Number,
the owner/agent and/or HUD may pursue additional penalties due to attempted
fraud.

Verification of Social Security Number (HOTMA)

CCH will first attempt to obtain a valid SSN Card issued by the
SSA or an original document issued by a federal or state government agency that
contains the name of the individual and the SSN of the individual, along with
other identifying information.  If
unsuccessful, a Self-Certification of SSN and at least one third-party
document, such as a bank statement, utility, or cell phone bill, benefit
letter, etc., that contains the name of the individual will meet the
verification requirements.

 

If a SSN is verified in EIV, for HUD Multifamily Housing Program
units, then no further verification is required; however if the SSN fails the
SSA identity match, then CCH must obtain a valid SSN card issued by the SSA or
an original document issued by a federal or statement government agency that
contains the name of the individual and the SSN of the individual, along with
other identifying information of the individuals.  Assistance must be terminated if failure to
provide required documentation.

Student Eligibility

HUD Multifamily Housing Programs

If a student becomes ineligible after move-in, their assistance may be terminated in accordance with program guidance.  The household’s rent may be increased to the market rate rent for the unit.

A student must meet all of the following criteria in order to be eligible for HUD assistance programs:

·       Be of legal contract age under state law

·       Have established a household separate from parents or legal guardians for at least one year prior to application for occupancy, OR

·       Meet the U.S. Department of Education’s definition of an independent student as follows:

o   The individual is 24 years of age or older by December 31 of the award year;

o   The individual is an orphan, in foster care, or ward of the court or was an orphan, in foster care, or ward of the court at any time when the individual was 13 years of age or older;

o   The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual’s State of legal residence;

o   The individual is a veteran of the Armed Forces of the United States (as defined in subsection (c)(1) of HEA) or is currently serving on active duty in the Armed Forces or other than training purposes;

o   The individual is a graduate or professional student;

o   The individual is married individual;

o   The individual has legal dependents other than a spouse;

o   The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth (as such terms are defined in section 725 of the McKinney-Vento Homeless Assistance Act) (42 U.S.C. 11431 et seq.), or as unaccompanied, at risk of homelessness, and self-supporting, by:

§  A local educational agency homeless liaison, designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act

§  The director of a program funded under the Runaway and Homeless Youth Act or a designee of the director

§  The director of a program funded under subtitle B of the title IV of the McKinney-Vento Homeless Assistance Act (relating to emergency shelter grants) or a designee of the director

§  A financial aid administrator

o   The individual is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances.

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

·       Obtain a certification of the amount of financial assistance that will be provided by parents, signed by the individual providing the support.  This certification is required even if not assistance will be provided.  This certification is not required for vulnerable youth populations, including individuals who are orphans, in foster care, wards of the court, emancipated minors, unaccompanied homeless youth, and youth at risk of becoming homeless.

Low-Income Housing Tax Credit Program

In a Tax Credit unit without HUD assistance, tenancy can be terminated if the household does not meet the student requirements.

Applicant households containing full-time students must meet the IRS Section 42 regulations regarding full-time student households at all times or they are not eligible to move-in or remain as a tax credit eligible family.

The IRS defines a full-time student as one who attends an educational institution with regular facilities, other than a correspondence or night school, during at least five months of the calendar year for which application for housing has been made.  The educational institution determines whether a student is full or part-time.

If a household is comprised entirely of full-time students, they must meet one of the following criteria in order to be eligible for a Tax Credit unit:

·       All members of the household are married and either file or are entitled to file a joint tax return;

·       The household consists of a single parent and their minor child(ren), and both the parent and children are not a dependent of a third party other than the parent of such children;

·       At least one member of the household receives assistance under Title IV of the Social Security Act. (AFDC, TANF, CalWORKS, etc.  Please note SSA or SSI do not qualify)

·       At least one member is enrolled in a job training program receiving assistance under the Work Investment Act (WIA) formerly known as the Job Training Partnership Act, or similar federal, state, or local laws as defined by HUD 4350.3 REV-1;

·       The household consists of a tenant under the age of 24, who has exited the Foster Care system within the last six (6) years.

Section 8

An individual cannot reside in a Section 8 unit if the individual:

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

·       Is under the age of 24; and

·       Is not married; or

·       Is not a veteran of the United States Military; or

·       Does not have a dependent child; or

·       Is not a person with disabilities, as such term is defined in 3(b)(3)(E) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving Section 8 assistance as of November 30 2005; or

·       Is not living with their parents who are receiving Section 8 assistance; or

 

·       Is not individually eligible to receive Section 8 assistance or has parents (individually or jointly) who are not income eligible to receive section 8 assistance.


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