TENANT SELECTION PLAN Heritage House Apartments Elderly / Section 8 / Section 42 / Home Funds

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1 Our Business is You TENANT SELECTION PLAN Heritage House Apartments Elderly / Section 8 / Section 42 / Home Funds TABLE OF CONTENTS SECTION I - GENERAL INFORMATION APPLICATION ASSISTANCE FEDERAL RENTAL ASSISTANCE MARKETING OTHER SOCIAL PROGRAMS LIMITED ENGLISH PROFICENCY SECTION II - NONDISCRIMINATION POLICY... 2 SECTION III - ELIGIBILITY REQUIREMENTS ELIGIBILITY REQUIREMENTS FOR HERITAGE HOUSE APARTMENTS DEFINITIONS... 4 SECTION IV - CITIZENSHIP REQUIREMENTS... 6 SECTION V - SOCIAL SECURITY NUMBER REQUIREMENTS... 7 SECTION VI - INCOME REQUIREMENTS... 7 SECTION VII - APPLICATION PROCESS APPLICATION PREFERENCES AND INCOME TARGETING SCREENING CRITERIA REJECTING APPLICANTS... 9 SECTION VIII - OCCUPANCY REQUIREMENTS... 9 SECTION IX - TRANSFER POLICIES SECTION X - WAITING LISTS MAINTAINING THE WAITING LIST REMOVAL FROM THE WAITING LIST SECTION XI - DEPOSITS SECTION XII - PETS SECTION XIII - PRIVACY ACT STATEMENT SECTION XIV - REQUIRED VERIFICATION AND CONSENT FORMS SECTION XV - CONTINUED OCCUPANCY REQUIREMENTS Kier Property Management and Real Estate LLC Revision 10/24/17 Page 1 of 12 KPM-P104-HH

2 Tenant Selection Plan SECTION I - GENERAL INFORMATION 1. APPLICATION ASSISTANCE If you have a vision, hearing, physical or other type of impairment that does not permit you to complete the required paperwork, please advise management of your needs or call to schedule for assistance. Assistance to ensure equal access to this information will be provided in a confidential manner and setting. Telephone: Heritage House Apartments ; Kier Property Management or Please call between the hours of 8:00 a.m. to 5:00 p.m. (MST), Monday through Friday. TTY: (Utah Relay Service). 2. FEDERAL RENTAL ASSISTANCE If you are applying for this property, you are applying to receive the benefit of rental assistance. If you accept a unit that is offered as a result, please be aware you will be subject to annual and periodic review of your household income and family composition, verification requirements and inspections of your dwelling. 3. MARKETING It is Kier Property Management and Real Estate, LLC s (KPM) policy to advertise affirmatively. This means the property is marketed broadly, using a variety of advertising media to attract and inform the public to let them know about the rental opportunities at our communities. 4. OTHER SOCIAL PROGRAMS Kier Property Management works hand in hand with federal state and local governments to provide housing in tandem with programs and initiatives which may be specific to target populations. These may include but not be limited to the Violence Against Women s Act, battered persons, homeless, mobility impaired, developmentally disabled, etc. 5. LIMITED ENGLISH PROFICENCY (LEP) Kier Property Management and Real Estate, LLC (KPM) provides meaningful access to its programs and activities by persons with Limited English Proficiency (LEP). In accordance with federal guidelines KPM will make reasonable efforts to provide or arrange free language assistance for its LEP clients, including applicants, recipients and/or persons eligible for public housing, Section 8 Housing Choice Vouchers, homeownership and other KPM programs. SECTION II - NONDISCRIMINATION POLICY It is the policy of Kier Property Management and Real Estate LLC (KPM) to comply fully with Title VI and Title VII of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Amendments Act of 1988, Executive Order 11063, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Americans with Disabilities Act and any legislation protecting the individual rights of tenants, applicants or staff which may subsequently be enacted. KPM does not discriminate against any person in the terms, conditions or privileges of employment, sale or rental of a dwelling or in the provisions of services of facilities in connection therewith, because of race, color, religion, sex, age, disability, familial status, national origin or any other state or local protected class. It is the Company's intention that its policies and practices will be discrimination-free, and carried out in strict accordance with federal, state and local fair housing laws and regulations. KPM operates in accordance with Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act and other relevant civil rights laws and statutes. In addition, we have a legal obligation to provide reasonable accommodations to applicants if they or any household members have a disability. Compliance actions may include reasonable accommodations as well as other modifications to the unit or premises. A reasonable accommodation is a modification or change that can be made to the rules, policies, practices, procedures, services, dwelling unit or building that will assist an otherwise eligible applicant with a disability to have an equal opportunity to use and enjoy the unit and the common areas of a dwelling, or to participate in or have access to the program and other activities conducted or sponsored by the property. An applicant household that has a member with a disability must still be able to meet essential obligations of tenancy. They must be able to pay rent, care for their apartment, and report required information to the site manager, avoid disturbing their neighbors, etc. There is no requirement they be able to do these things without assistance. When a household member requires an accessible feature(s), policy modification, or other reasonable accommodation to accommodate a disability, KPM will provide the requested accommodation unless doing so would result in a fundamental alteration in the nature of the program or an undue financial and administrative burden for the property. All requests for reasonable accommodations must be made in writing or by other equally effective means of communication. If the individual with a disability requires assistance in reducing a reasonable accommodation request to writing, KPM will assist the individual with this request. Should any person feel they have been discriminated against, denied housing, employment or accessibility to KPM Kier Property Management and Real Estate LLC Revision 10/24/17 Page 2 of 12 KPM-P104-HH

3 housing unjustly under Section 504 of the Rehabilitation Act of 1973, Fair Housing Amendment Act or Americans with Disabilities Act, they should contact the designated Section 504 Coordinator, for KPM, located at the main office, 3710 Quincy Ave., Ogden, Utah 84403, On-site rental offices as well as the main office have the 504 Coordinator clearly identified and means of contact posted in view of the public. Upon receipt of a complaint, the 504 Coordinator will review and respond to complainants within ten working days. The response will contain provision for a personal meeting within fourteen days to discuss allegations and give complainant the opportunity to submit any additional information to support his/her position. Coordinator will respond with a final decision within five (5) business days of said meeting, stating considerations for the decision. Additionally, final decision will also provide the necessary information for complainant to carry his/her grievance to the regional level, should he/she feel so inclined. We believe it is important to publicly demonstrate our policy of nondiscrimination by being as pro-active as possible. It is KPM s policy to provide our employees with on-going continuing education on Fair Housing, ADA, and 504 compliance training. SECTION III - ELIGIBILITY REQUIREMENTS Project eligibility establishes whether applicants are eligible to reside in a specific property. Applications are accepted only from elderly/disabled families whose head of household or co-head is at least 62 years of age or in the case of a disabled household 18 years of age or an emancipated minor under state law. All applicants must meet all additional criteria established by KPM. 1. ELIGIBILITY REQUIREMENTS FOR HERITAGE HOUSE APARTMENTS (an Elderly / Section 8 / Section 42 Property) All eligible households applying for Heritage House Apartments must meet the criteria established by the U.S. Department of Housing and Urban Development (HUD), pertaining to Section 8 and Tax Credit programs, as well as all additional criteria established by KPM. Program eligibility criteria per HUD are as follows: An applicant must be a elderly/disabled family An applicant must be within the appropriate Income Limits An applicant must provide Social Security Numbers for all family members that are claiming Eligible Citizen or Eligible Non-Citizen Status (NOTE: Those not claiming eligible status are not required to provide SSN s) An applicant must provide declaration of Citizenship or Eligible Immigrant Status and verification where required At least one member of the applicant family must be either a U.S. citizen or have eligible immigration status before program assistance may be provided An applicant must furnish documentation as to student status at an institution of higher education The initial eligibility for placement on the waiting list will be made in accordance with the eligibility factors. Evidence of Citizenship/Eligible Immigrant Status will not be verified until the applicant is selected from the waiting list for final eligibility processing for an apartment. Student eligibility criteria are as follows: Student Independent from Parents For a student to be eligible as independent from his or her parents, the student must demonstrate the absence of his or her dependence from parents. Meet the US Department of Education and Higher Education Act of 1965 definition of an independent student, verification is required; The individual is 24 years of age or older by December 31 of the move-in year; Student 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; Is an orphan or a ward of the court through the age of 18, including those who were orphans, in foster care, or were wards of the court at any time when the individual was 13 years of age or older, The individual is a veteran of the Armed Forces of the United States or is currently servicing on active duty in the Armed Forces for other than training purposes; The individual is a graduate or profession student; The individual is a married individual; The individual has legal dependents other than a spouse; The individual is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances; Is not living with his/her parents who are receiving Section 8 assistance or who are applying to receive Section 8 assistance; Have established a household separate from parents or legal guardians prior to application for occupancy, verification is required. Not be claimed as a dependent by parents or legal guardians pursuant to IRS regulations; Review of students prior year income tax return to determine independent status is required; and Kier Property Management and Real Estate LLC Revision 10/24/17 Page 3 of 12 KPM-P104-HH

4 Obtain a verification of the amount of financial assistance that will be provided by parents, signed by the individual providing the support. Financial assistance that is provided by persons not living in the unit is part of the annual income. Verification is also required if the parent is providing no support to the student. 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 or as unaccompanied, at risk of homelessness and self-supporting. Section 8 shall not be provided to any individual who: Is enrolled PT or FT as a student at an institution of higher education to obtain a degree, certificate, or other program leading to a recognized educational credential Is under 24 years of age Is not a veteran of the U.S. Military Is not married Does not have a dependent child Is not a person with disabilities (defined in 3 (b) (3) (E) of the U.S. Housing Act of 1937 (42 U.S.C 1437 a (b) (3) (E) and was not receiving Section 8 assistance as of November 30, 2005 Is not living with his/her parents who are receiving Section 8 assistance Is not individually eligible to receive section 8 assistance, or has parents who, individually or jointly, are not income eligible to receive Section 8 assistance. Any/all educational financial assistance other than tuition that an individual receives from private sources or an institution of higher education shall be considered as income to that individual, except for a person over the age of 23 with dependent children. Loan proceeds are not included as income for the purpose of determining income eligibility. KPM is required to verify all sources of income of an individual who is a student at an institution of higher education, and also verify their parents income. Verifying parental income requires a copy of Federal Tax Returns for both parents. 2. DEFINITIONS A. Section 8 Elderly/Disabled Family Properties 1. Elderly Family Elderly family means a family whose head or spouse or sole member is a person who is at least 62 years of age. It may include two or more persons who are at least 62 years of age living together, or one or more persons who are at least 62 years of age living with one or more live-in aides. 1) The remaining member of a resident family 2. Disabled Family A disabled family is a family whose head, spouse, or sole member is a person with disabilities. It may include two or more persons with disabilities living together, or one or more persons with disabilities living with one or more live-in aides. 3. Person with Disabilities A person with disabilities for purposes of program eligibility: a. Means a person who: 1) Has a disability, as defined in 42 U.S.C. 423 a) Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months 2) Is determined, pursuant to HUD regulations, to have a physical, mental, or emotional impairment that: a) Is expected to be of long-continued and indefinite duration b) Substantially impedes his or her ability to live independently c) Is of such a nature that the ability to live independently could be improved by more suitable housing conditions 3) Has a developmental disability, as defined in Section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(8)), i.e., a person with a severe chronic disability that: a) Is attributable to a mental or physical impairment or combination of mental and physical impairments b) Is manifested before the person attains age 22 c) Is likely to continue indefinitely d) Results in substantial functional limitation in three or more of the following areas of major life activity: Self-care Receptive and expressive language Learning Mobility Kier Property Management and Real Estate LLC Revision 10/24/17 Page 4 of 12 KPM-P104-HH

5 Self-direction Capacity for independent living Economic self-sufficiency 4) Reflects the person s need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services that are of lifelong or extended duration and are individually planned and coordinated. b. Does not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome; c. For purposes of qualifying for low-income housing, does not include a person whose disability is based solely on any drug or alcohol dependence; and d. Means person with disabilities (individual with handicaps), as defined in 24 CFR 8.3, for purposes of reasonable accommodation and program accessibility for persons with disabilities. B. Section 202 Senior Properties with Section 8: 1. Elderly Family Elderly families are: a. Families of two or more persons, the head of which (or his or her spouse) is 62 years of age or older; b. The surviving member or members of a family described in paragraph (1) living in a unit assisted under subpart E of this part (Section 202 loans) with the now deceased member of the family at the time of his or her death; c. A single person who is 62 years of age or older; or d. Two or more elderly persons living together or one or more such persons living with another person who is determined by HUD, based upon a licensed physician's certificate provided by the family, to be essential to their care or well-being. 2. Disabled Family (Handicapped Family) Disabled (handicapped) family means: a. Families of two or more persons, the head of which (or his or her spouse) is a person with disabilities (handicapped); b. The surviving member or members of any family described in paragraph (1) of this definition living in a unit assisted under subpart E of this part (Section 202 loans) with the deceased member of the family at the time of his or her death; c. A single person with disabilities (handicapped person) over the age of 18; or d. Two or more persons with disabilities (handicapped persons) living together, or one or more such persons living with another person who is determined by HUD, based upon a licensed physician's certificate provided by the family, to be essential to their care or well-being. 3. Disabled Person (Handicapped Person) A person with disabilities means: a. Any adult having a physical, mental or emotional impairment that is expected to be of long continued and indefinite duration, substantially impedes his or her ability to live independently, and is of a nature that such ability could be improved by more suitable housing conditions. b. A person with a developmental disability, as defined in Section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(5)), i.e., a person with a severe chronic disability that: 1) Is attributable to a mental or physical impairment or combination of mental and physical impairments; 2) Is manifested before the person attains age 22; 3) Is likely to continue indefinitely; 4) Results in substantial functional limitation in three or more of the following areas of major life activity: a) Self-care b) Receptive and expressive language c) Learning d) Mobility e) Self-direction f) Capacity for independent living g) Economic self-sufficiency 5) Reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services that are of lifelong or extended duration and are individually planned and coordinated. c. A person with a chronic mental illness, (i.e., a person who has a severe and persistent mental or emotional impairment that seriously limits his or her ability to live independently, and whose impairment could be improved by more suitable housing conditions). d. Persons infected with the human acquired immunodeficiency virus (HIV) who are disabled as a result Kier Property Management and Real Estate LLC Revision 10/24/17 Page 5 of 12 KPM-P104-HH

6 of infection with the HIV are eligible for occupancy in the Section 202 projects designed for the physically disabled, developmentally disabled, or chronically mentally ill depending upon the nature of the person s disability. (24 CFR ) Note: A person whose sole impairment is alcoholism or drug addiction (e.g., who does not have a developmental disability, chronic mental illness, or physical disability that is the disabling condition required for eligibility in a particular project) will not be considered to be disabled for the purposes of the Section 202 program. e. A person infected with the human acquired immunodeficiency virus (HIV) and a person who suffers with alcoholism or drug addiction, provided they meet the definition of person with disabilities in Section 811 (42 U.S.C) 8013(k)(2). A person whose sole impairment is a diagnosis of HIV positive or alcoholism or drug addiction (i.e., does not meet the qualifying criteria in Section 811 will not be eligible for occupancy in a section 811 project. (24 CFR ) 4. Nonelderly Disabled (Handicapped) Family A non-elderly disabled (handicapped) family means a disabled family in which the head of the family (and spouse, if any) is less than 62 years of age at the time of the family's initial occupancy of a project. 5. Affiliated Individual (VAWA Definition) Any person living with the survivor and related to him or her by blood or marriage including the survivor s spouse, parent, brother, sister, child, or any person to whom the survivor stands in place of a parent or guardian. C. IRS Section 42 (LIHTC) The eligibility criteria per the Internal Revenue Service (IRS) code Section 42 is as follows: 1. The household s annual income does not exceed the income limit requirements of the state finance agency having jurisdiction over the property for which you apply. You may request a copy of these limits from the site manager at the site you are applying. 2. This program does not allow households comprised totally of full-time students unless they qualify for an exception. If a household s status changes and they no longer qualify for an exception, they become ineligible. A full-time student household requires each household to meet at least one of the following student status exceptions in order to live on a tax credit property. a. Household members are married and filing a joint tax return b. Household member is a single parent with child/ren who are not dependents of a third party (the child/ren must be claimed on their tax return) c. Household member is currently enrolled in a local, state or federal JTPA program d. Household member is a recipient of assistance under Title IV of the Social Security Act (AFDC, TANF, or Welfare, etc.) 3. All members of the household age 18 and older must be willing to sign and consent to have all qualifying information verified. In addition to meeting the criteria established by the Internal Revenue Service (IRS) code Section 42, households must meet all additional criteria established by KPM. D. NON-ASSISTED - CONVENTIONAL PROPERTIES Conventional properties establish income to rent ratio requirements on a property specific basis. SECTION IV - CITIZENSHIP REQUIREMENTS Only U.S. Citizens and eligible non-citizens may benefit from federal rental assistance programs. These requirements apply to households making application to the property, households on the waiting list, and tenants. Applications are selected and processed chronologically from the waiting list without regard to all federally protected classes; age, race, color, religion, sex, national origin, familial status, and handicap/disability, or any other state or local protected class. The status of each member of the household is considered individually before the family s status is defined. All household members, regardless of age, must declare their citizenship or immigration status prior to move-in or at such time there is a new family member present in the household. The following documentation must be provided: 1. From U.S. Citizens or Nationals (for each household member regardless of age): A. A signed declaration of citizenship, and B. A U.S. birth certificate, or C. A U.S. passport 2. From non-citizens 62 years and older: A. A signed declaration of eligible immigration status B. A proof of age document. 3. From non-citizens under the age of 62 claiming eligible status: A. A signed declaration of eligible immigration status; B. A signed consent form; and Kier Property Management and Real Estate LLC Revision 10/24/17 Page 6 of 12 KPM-P104-HH

7 C. A DHS-approved document. Non-citizens not claiming eligible immigration status may elect to sign a statement that they acknowledge their ineligibility for assistance. Household members who indicate, on the Citizenship Declaration, that they are a non-eligible non-citizen are not required to provide Social Security Numbers. For most programs, these applicants may move in only if another household member is deemed eligible under HUD rules. In these cases, the household is considered a mixed household and assistance is prorated. Mixed Families: A household is eligible for assistance as long as at least one member is a citizen or eligible immigrant. Households that include eligible and ineligible individuals are called mixed. Such applicant families will be given notice that their assistance will be pro-rated and they may request a hearing if they contest this determination. Ineligible Household/Families: Applicant households that include no eligible members are ineligible for assistance. Such households will be denied admission and offered an opportunity for a hearing. Non-citizen Students: Applicants who hold a non-citizen student visa are ineligible for assistance, as are any noncitizen household members living with the student. SECTION V - SOCIAL SECURITY NUMBER REQUIREMENTS All Applicants must disclose Social Security Numbers (SSN) at time of application and must provide verification prior to move-in. Applicant households with members six (6) years and under who lack social security numbers at time of admission will have ninety (90) days to obtain and provide verification of social security number. An additional 90-day period will be granted if the failure to provide documentation of a SSN is due to circumstances that are outside the control of the household. This requirement also applies to persons under the age of six (6) joining the household within six (6) months of move-in. Exceptions are those persons who do not contend eligible immigration status and persons over the age of 62 whose eligibility was established prior to January 31, Once an applicant is offered an apartment, accepts, and becomes a Tenant, should the Tenant or any member have a SSN which becomes invalid and/or be assigned a new SSN, the Tenant must submit documentation of the new number at the time of receipt or at the next recertification. When adding a Household Member who is a child under the age of six with a SSN, the child s SSN must be disclosed and verified at the time of the certification which will add the new household member, is processed. When the new Household Member is a child under the age of six without a SSN the Household will have a 90-day period in which to provide a SSN together with the required verification for the child. An additional 90-day period will be granted if the failure to provide documentation of a SSN is due to circumstances that are outside the control of the household. SECTION VI - INCOME REQUIREMENTS In order for an applicant to be eligible for occupancy, the applicant household s annual income at move-in must not exceed the applicable income limit established by HUD for the specific county or Metropolitan Statistical Area (MSA) in which they are applying. This limit depends upon the type of subsidy and household size. A pre-determination of the applicant household s income eligibility is made by comparing the household s annual income to the applicable income limit for the family s size, prior to placing them on a waiting list. However, actual verification of the household s annual income is not completed until their name is approaching the top of the waiting list or a unit is available. Households whose annual income exceeds the income limit will be denied admission and offered an informal review. To qualify to reside at Heritage House Apartments, your income must meet the very low or extremely low-income limit. Income limits are published annually and are available upon request from the KPM main office or the rental office where the applicant is applying. They are also available on-line at All income limits are based on the median income for a Metropolitan Statistical Area (MSA). This table shows the income limits as a percentage of median income in an MSA. Income Limit Low-income limit Very low-income limit Extremely low-income limit Median Income for the Area 80% of median income 50% of median income 30% of median income INCOME LIMITS Subsidy Type of Income Limit Kier Property Management and Real Estate LLC Revision 10/24/17 Page 7 of 12 KPM-P104-HH

8 Section 8 (pre-1981) Section 8 (post-1981) Section 236 Section 202 with Section 8 Assistance Low, very low, and extremely low-income limit Very low and extremely low-income limit Low-income limit Low, very low, and extremely low-income limit 1. APPLICATION: SECTION VII - APPLICATION PROCESS All persons interested in becoming a tenant must complete our written application. Applications will not be accepted if they are not completed in full and signed by all household members over the age of 18 or emancipated. Household member citizenship must be declared at the time of application. Verifications required (see Citizenship Requirements section IV) for non-citizens must be submitted to the property being applied for no later than 30 days after application is accepted. A one-time extension of 30 days will be granted if the applicant certifies that the documentation is temporarily unavailable and additional time is needed to collect and submit the required documentation. Applications are accepted on-site or at the main office located at 3710 Quincy Avenue, Ogden, Utah. An incomplete application will not be accepted and will not be placed on a waiting list. The application process involves two phases. Phase 1: The initial application Phase 2: The final determination of eligibility Final eligibility will be determined when the full application process is completed and all information is verified. All applicants must provide a verifiable, current picture identification card such as driver s license, state issued identification card, military identification, etc. When the completed application is submitted, it is stamped with the date and time received. Depending upon the information disclosed, the application is then placed on the appropriate waiting list chronologically. 2. PREFERENCES AND INCOME TARGETING: With proper verification, Applicants affected by statutory and/or regulatory preferences, are placed above all other persons on the waiting list. Statutory preferences are established through legislation and include persons who have been displaced by natural disaster, government action, and/or a presidentially declared disaster, as well as persons affected by the Uniform Relocation Act (URA). All properties with project-based Section 8 assistance must also lease not less than 40% of the dwelling units (assisted under the contract) that become available for occupancy in any project fiscal year to extremely lowincome households. In an effort to comply with the required Income Targeting as specified by HUD, KPM will continue to use our waiting lists in chronological order. Our Tenant Selection Plan states that approved in-house transfers are the first consideration for placement (after statutory/regulatory preferences) and then persons on the waiting lists. Each quarter, the percentage of extremely low-income admissions for the year to date will be examined. An alternate tenant selection method will be implemented if extremely low-income admissions are: Less than 30% after the first quarter of the fiscal year. Less than 35% after the second quarter of the fiscal year. Less than 40% after the third quarter of the fiscal year. This policy will ensure that, regardless of which bedroom size units become available, we will meet the income targeting requirements. However, in the event extremely low-income households drop below the 40% threshold at the beginning of the third quarter of the fiscal year, chronological placement of applicants will cease and advertising and outreach will occur in order to place eligible extremely low-income households until the 40% threshold is achieved. Once the 40% threshold has been met, chronological processing of applicants will continue as referenced above. KPM does not have any additional preferences. 3. SCREENING CRITERIA: Screening for suitability of tenancy is not a determination of eligibility for the program. An eligible household may or may not qualify for housing through KPM depending upon information disclosed by KPM's screening policies. KPM will evaluate each applicant to determine eligibility. An applicant will be rejected for falsifying any information on the application. All prospective tenants, live-in aids and new additions to tenant households will be screened, and may be rejected based on the following criteria, a summary of which is outlined below: A. Credit reports - present and past credit history (Any negative credit reports relating to catastrophic medical bills, tax liens or charge offs will be considered exempt.) B. Landlord references - present and past rental history Kier Property Management and Real Estate LLC Revision 10/24/17 Page 8 of 12 KPM-P104-HH

9 An applicant may be rejected for any negative landlord references. C. Personal references present and past character history An applicant may be rejected for any negative personal references. D. Kier Property Management Negative List An applicant may be rejected if their name is listed on the KPM negative list. The KPM negative list is an internal list made up of previous tenants who have moved out of a property managed by KPM and owed money, damaged the property, was evicted, left without proper notice, was involved in criminal activity, etc. E. Criminal background present and past history Applicants will be screened to prohibit the admission of persons who may currently be engaged in illegal use of drugs and/or alcohol abuse, or any persons whose criminal history and/or current behavior would interfere with the health, safety and right to peaceful enjoyment of the premises by other residents. i. Excludes any individual or affiliate individual who has been a victim of a VAWA crime (domestic violence, dating violence, stalking or sexual assault) and is eligible for protections under the Act. F. National lifetime Sex Offenders Applicants will be screened to prohibit admission of individuals who are subject to a State/National Sex Offender Lifetime Registration requirement. All applicants age six (6) years and older will be screened for sex offenses using a database that checks against all state and national registries. G. Existing Tenant Search Applicants will be screened through the HUD Enterprise Income Verification to ensure the household will not receive dual subsidy. H. Eviction from Federal Housing Programs Admission will be prohibited for any individuals who have been evicted for drug-related or criminal activity within the last three (3) years from federally assisted housing. 4. REJECTING APPLICANTS: A denial letter may be issued if negative information on any of the screening criteria is revealed, or if prospective tenant refuses to give complete information, submits false information, or deliberately omits information in order for thorough screening to be accomplished. If an applicant is unable to satisfy the screening criteria or is determined to be ineligible for a specific program, they will be promptly notified in writing stating the reason(s) for the rejection and offered an opportunity to request an appeal within 14 days from the date of the denial letter to meet, review, and discuss with management. Persons with disabilities have the right to request reasonable accommodation/modification(s) and to participate in the informal hearing process. If the denial is based on credit, prior to meeting for an appeal, applicants must obtain a copy of their credit report. KPM will provide applicants a copy of their credit reports at no charge only when requested in person and upon proof of identity (current photo ID and social security number). All appeals will be handled by the main office. Depending upon additional information revealed, a decision to approve or disapprove the denial for housing will be made and the applicant will be notified in writing within 5 days after the appeal meeting. Should the denial decision be reversed, the applicant will then be placed in the next available qualified unit on the property selected by applicant. Under no circumstances will a unit be held while waiting an appeal decision. SECTION VIII - OCCUPANCY REQUIREMENTS Unit size is based on the criteria of one (1) person per bedroom minimum and two (2) persons per bedroom maximum, except where housing program requirements prevail. In addition, there is no minimum per bedroom requirement for conventional properties. SECTION IX - TRANSFER POLICIES For government programs, at the time a unit or units is/are anticipated to become vacant, persons qualified under VAWA protections are first considered, followed by approved in-house transfers, then followed by those persons on the waiting lists. For all other units, placement will be based on a first-come first-serve basis, providing screening information is acceptable. Transfers are considered for the following: 1. Change in household composition 2. Change in family size 3. Medical reasons, certified/verified by a doctor 4. Need for accessible unit (ability to enter, exit, or move about the unit) 5. Violence Against Women Act (VAWA). Transfers must be consistent with the one (1) person per bedroom minimum, two (2) persons per bedroom maximum occupancy policy. All requests for transfers must be received in writing, orally or by any other means of equally effective communication. Kier Property Management and Real Estate LLC Revision 10/24/17 Page 9 of 12 KPM-P104-HH

10 The tenant, KPM staff, or other persons identified by the tenant must reduce all requests to writing. Those which are not based on medical reasons or VAWA protections will not be considered until after a tenant has been in place for at least one (1) year, and has demonstrated to be a tenant in good standing. Kier Property Management will accommodate persons with verifiable disabilities. Although we do not charge a transfer fee, the tenant will be required to pay a new deposit based on the tenant s current income. This deposit must be paid prior to the transfer, and in the event the tenant does not have sufficient funds to pay the deposit, the transfer will be denied. The deposit paid for the apartment in which the tenant currently resides will be refunded less any unpaid rent or other amounts the tenant owes under the lease, within 30 days of the move-out date, or a shorter time if required by state and/or local law. If charges exceed the amount of deposit, the tenant will be required to pay the difference prior to transfer. All tenants requesting transfers must be re-screened for criminal background history prior to approval of transfer. Transfers will occur within the same property the tenant currently resides unless the property does not offer the appropriate/requested bedroom size unit. In the event the appropriate/requested bedroom size is not available at the property, transfers may or may not occur. Transfer policies and requirements may vary depending on the property and rental program involved, and therefore will be considered on a case-by-case basis. Inspections will be performed prior to transfer to determine move-out costs. (ALL MOVE-OUT EXPENSES MUST BE PAID PRIOR TO TRANSFER.) SECTION X - WAITING LISTS Kier Property Management and Real Estate LLC (KPM) has a decentralized waiting list for its various communities. Waiting lists on KPM communities will continually remain open and are maintained on-site. Waiting lists are kept separate according to unit type and size, accessibility need, and transfer status. The applicant is required to designate the apartment community(s) of their preference so they can be placed on the waiting list(s) for those communities selected. Applications are selected and processed chronologically from the waiting list. Households are placed in apartment communities based on meeting all Program eligibility and screening requirements Only applicants whose head of households are over 18 years of age or legally emancipated, will be considered eligible for a waiting list or placement. Persons are selected from the waiting list on a first-come first-serve basis without regard to all federally protected classes; age, race, color, religion, sex, national origin, familial status, and handicap/disability, or any other state or local protected classes. Additional protections are also in place to ensure equal access to housing opportunities regardless of actual or perceived sexual orientation, gender identity or marital status. Applicants must disclose Social Security Numbers in order to be placed on the waiting list. Additionally, proper verification of disclosed Social Security Numbers must be provided prior to move-in. For government programs, at the time a unit or units are anticipated to become vacant, the approved in-house transfers (approved in-house transfers are those persons living in a KPM managed property who have been approved for a transfer to another apartment) are the first consideration and then persons on the waiting lists. For all other units, placement will be based on a first-come first-serve basis, providing screening information is acceptable. 1. MAINTAINING THE WAITING LIST: Follow-up letters are mailed quarterly to applicant households on the waiting list to ensure applicant information is current and any names that should no longer be on the list are removed. If a letter is returned by the Postal Service due to an undeliverable address or the person can t be reached, the applicant will automatically be put in our inactive file. If during the update process the household composition changes, the waiting list information must be updated and determination made whether the household needs the same or a different unit size. The household maintains the original application date. If the applicants contact information changes, such as the address or phone number, the new information will be noted, the date it was received, and the waiting list (either manual or electronic) is accurately updated. 2. REMOVAL FROM THE WAITING LIST: After rising to the top of the waiting list, the applicant is offered the next available unit which fits the household size and special needs. If the applicant household is no longer eligible or cannot meet the occupancy standard for the property, the applicant will be removed from the waiting list. Additionally, if the applicant has failed to provide verification of SSN's of all non-exempt persons anticipated to occupy the unit at this time, the applicant will be passed over. The applicant will then have up to 90 days to provide the required verification, after which the applicant will be removed from the waiting list. If the applicant declines the available unit, the following procedures apply; A. The first time the applicant declines the available unit, the applicant is allowed to remain on the top of the waiting list for the next available unit. B. The second time the applicant declines the next available unit, the application will then go to the bottom of the waiting list. C. The third time the applicant declines the next available unit, the applicant will be taken off the list. Kier Property Management and Real Estate LLC Revision 10/24/17 Page 10 of 12 KPM-P104-HH

11 SECTION XI - DEPOSITS Security deposits must be paid in full prior to move-in. Deposit refunds will be made in accordance with the lease agreement and state law. Pet Deposits for properties established for the elderly and/or disabled are defined by HUD as follows: Pet deposits are required in addition to any regular financial obligation generally imposed on tenants of the property for those tenants living in a property designated as elderly who choose to keep an approved pet in their home. The pet deposit must not exceed $300. The tenant is allowed to pay an initial deposit of $50 when the pet is brought onto the premises and must continue to pay $10 per month until the full amount of $300 is paid. Pet deposit refunds will be made in accordance with the pet agreement and state law. Conventional properties establish pet deposit requirements with regard to each specific property. SECTION XII - PETS KPM has a no pet policy. Assistance, companion, aide and service animals are not considered pets and will be permitted when required to assist a disabled or handicapped person as per policy. Properties that are established for the elderly and/or disabled as defined under the HUD guidelines are allowed to have pets. Tenants living in such a designated property who choose to keep an approved pet in their home are required to pay a pet deposit. The pet deposit requirements are set by HUD for elderly and/or disabled properties and may change periodically with future HUD publications. Conventional properties establish pet policies with regard to each specific property. SECTION XIII - PRIVACY ACT STATEMENT It is the policy of KPM to guard the privacy of individuals conferred by the Federal Privacy Act of 1974 and to ensure the protection of such individuals records maintained by KPM. The information being collected is to determine an applicant s eligibility, the recommended unit size, and the amount the tenant(s) will pay toward rent and utilities. It will be used to manage the programs covered by HUD, to protect the Government s financial interest, and to verify the accuracy of the information furnished. It may be released to appropriate federal, state and local agencies when relevant to civil, criminal or regulatory investigators and prosecutors. It is mandatory to provide social security numbers. Failure to provide any other information may result in a delay or rejection of your eligibility approval. The Department authorized to ask this information by the U.S. Housing Act of 1937, as amended (42 U.S.C., 1437 et seq.), the Housing and Community Development Amendments of 1981 (P.L ) the Housing and Urban-Rural Recovery Act of 1983 (P.L ), and the Housing and Community Development Technical Amendments of 1984 (P.L ). Consistent with the intent of Section 504 of the Rehabilitation Act of 1973, any information obtained on the handicap or disability of an individual will be treated in a confidential manner. SECTION XIV - REQUIRED VERIFICATION AND CONSENT FORMS Adult members of assisted households must authorize properties to request independent verification of data required for program participation. To provide properties with this authorization, adult household members must sign two HUD-required consent forms plus the KPM specialized verification forms needed to request information from employers, child care providers, medical professionals and others. Households sign these and the two HUD consent forms at the time of initial certification and annual recertification. All persons 18 years of age and older in each assisted household must sign the required consent forms or the household must be denied assistance. The household may receive a copy of each form the household signed, a HUD Fact Sheet, and the Resident Rights and Responsibilities brochure. Form HUD-9887, Notice and Consent to the Release of Information to HUD and to a PHA. Each adult member must sign the form regardless of whether he or she has income. The head of household, spouse, co-head and each household member who is at least 18 years of age must sign this form. The form is valid for 15 months from the date of signature. The consent allows HUD or a public housing agency to verify information with the Internal Revenue Service, the Social Security Administration, and with state agencies that maintain wage and unemployment claim information. The original signed form will be maintained in the tenant s file and a copy may be provided to the household. Form HUD 9887-A, Applicant s/tenant s Consent to the Release of Information Verification by Owners of Information Supplied by Individuals Who Apply for Housing Assistance. KPM and the head of household, spouse, co-head and each family member who is at least 18 years of age must sign this form. Each adult member must sign the form regardless of whether he or she has income. The consent allows KPM to request and receive information from third-party sources about the applicant or tenant. The original signed form will be maintained in the tenant s file and a copy may be provided to the household. HUD-9887 Fact Sheet. Kier Property Management and Real Estate LLC Revision 10/24/17 Page 11 of 12 KPM-P104-HH

12 When applicants and tenants sign form HUD-9887 and form HUD 9887-A, each household will be provided with a copy of the HUD Fact Sheet. This Fact Sheet describes the verification requirements for applicants and tenants and the tenant protections that are part of the verification process. Resident Rights and Responsibilities Brochure. Applicants and tenants will be provided with a copy of the Resident Rights and Responsibilities brochure at move-in and annually at recertification. Violence Against Women Lease Addendum (VAWA) Each adult household member must sign the VAWA addendum at move-in and annually at recertification. This addendum amends the lease to include the provisions and protections of the Violence Against Women s Act and Justice Department Reauthorization Act. All documentation relating to an individual s domestic violence, dating violence, stalking or sexual assault, with the exception of the VAWA addendum, will be maintained in a separate file that is kept in a separate secure location from the other tenant files. In addition, applicants will be provided with a copy of HUD s Notice of Occupancy Rights Under the Violence Against Women Act and HUD s Certification of Domestic Violence on the following occasions: denial for housing, move-in, annual recertification, termination of subsidy, termination of housing. Copies of the notice and the certification form are available in multiple languages, consistence with guidance issued by HUD in accordance with Executive Order (Improving Access to Services for Person with Limited English Proficiency). SECTION XV - CONTINUED OCCUPANCY REQUIREMENTS If you are applying for a property which provides you with affordable housing program benefits, you will be required to certify as to your gross income annually. Additionally, you will also be required to: 1. Report to management, any changes of the household s income which cumulatively increases $ or more per month and changes in household composition, if any occur; and 2. All applicants age six (6) years and older will be screened for sex offenses through databases of state and national registries. Kier Property Management and Real Estate LLC Revision 10/24/17 Page 12 of 12 KPM-P104-HH

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