Public Housing ACOP Suggested Changes for 2016

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Hester Richardson
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1 Public Housing ACOP Suggested Changes for 2016 Waiting List: Informal Review Current: LHC will only offer informal hearings to applicants for the purpose of disputing denials of admission. Informal Review proposed addition-change: If an applicant is denied occupancy by two LHC Properties (AMPS) during the same application time and for the same reason, the informal review appointment will be combined. Application List Current: Families may apply for housing on line only. This is done when the waiting list is open by going to No applications will be accepted at any site via mail, fax or in person. Applicants who submit multiple applications for the same property and/or apply for a bedroom size they do not qualify for will be disapproved. Application List proposed addition-change: If an applicant applies for more than one unit size during the different application waitlist openings,. LHC will process only one application (and make all others inactive) based on LHC s long term vacancy and LHC occupancy standards and then place the other application(s) inactive. Application Interview Current: Families selected from the waiting list are required to participate in an eligibility interview. Application Interview proposed change: Remove the word interview, and replace with program orientation. Application Interview Current: If the family is unable to attend a scheduled interview, the family should contact LHC in advance of the interview to schedule a new appointment. In all circumstances, if a family does not attend a scheduled interview, LHC will send another notification letter with a new interview appointment time. Applicants who fail to attend two scheduled interviews without LHC approval will have their applications made inactive based on the family s failure to supply information needed to determine eligibility. The second appointment letter will state that missing 2 scheduled appointments will be interpreted to mean that the family is no longer interested and their application will be made inactive. Such failure to act on the part of the applicant prevents the LHC from making an eligibility determination; therefore, LHC will not offer an informal hearing. Application interview proposed change: If your family is unable to attend a scheduled interview, the family must contact LHC in advance of the interview to schedule a new appointment. In all circumstances, if a family does not attend a scheduled interview, their application shall be made inactive based on the family s failure to supply information needed to determine eligibility. Such failure to act on the part of the applicant prevents the LHC from making an eligibility determination; therefore, LHC will not offer an informal hearing. Waitlist Current: LHC Policy Depending upon the length of time applicants may need to wait to be housed, LHC may use a one- or two-step application process. Public Housing ACOP Proposed Changes for 2016 Page 1 of 8

2 A one-step process will be used when it is expected that a family will be selected from the waiting list within 60 days of the date of application. At application, the family must provide all of the information necessary to establish family eligibility and the amount of rent the family will pay. A two-step process will be used when it is expected a family will not be selected from the waiting list for at least 60 days from the date of application. Under the two-step application process, LHC will initially require families to provide only the information needed to make an initial assessment of the family s eligibility, and to determine the family s placement on the waiting list. The family will be required to provide all of the information necessary to establish family eligibility and the amount of rent the family will pay when notified by LHC. Families may apply for housing on line only. This is done when the waiting list is open by going to No applications will be accepted at any site via mail, fax or in person. If you submit multiple applications for the same Property and/or apply for a bedroom size larger or smaller than you qualify for will be denied. Regardless of whether a one- or two-step application process is used, LHC will request all adults listed on the application to provide proof of legal identity, to complete a HUD 9886 (Authorization for Release of Information/Privacy Act Notice), and complete a Declaration of Section 214 Citizenship Status form at time of application. Waitlist proposed change: LHC initially will require families to provide only the information needed to make an initial assessment of the family s eligibility, for placement on the waiting list. Waitlist Current: When LHC opens the waiting list, LHC will advertise the location(s), and program(s) for which applications are being accepted through any one, some or all of the following: LHC s website, Service Agencies and other local media resources as appropriate. Waitlist proposed change: LHC open waiting lists will be advertised through any one, some or all of the following: LHC s website, Service Agencies and media outlets. Waitlist Current: LHC will not merge the public housing waiting list with the waiting list for any other program the LHC operates. When there are insufficient applicants on a sitebased waiting list, LHC may contact applicants on the other site-based waiting lists who may qualify for the type of housing with insufficient applicants. Insufficient applicants on a list will be defined as not enough families to fill vacancies for at least 12 or 24 months based on anticipated turnover at the developments. Waitlist proposed change: LHC will not merge the public housing waiting list with the waiting list for any other program the LHC operates. When there are insufficient applicants on a site-based waiting list, LHC may contact applicants on the other site-based waiting lists who may qualify for available vacancies with insufficient applicants. Insufficient applicants on a list will be defined as not enough families to fill current vacancies. Such offers shall not count as their two 2 offers. Public Housing ACOP Proposed Changes for 2016 Page 2 of 8

3 Waitlist Current: Every reasonable action will be taken by LHC to assure that applicants can make informed choices regarding the development(s) in which they wish to reside. LHC will disclose information to applicants regarding the location of available sites, occupancy number and size of accessible units. LHC will also include basic information relative to amenities such as day care, security, transportation, training programs, and an estimate of the period of time the applicant will likely have to wait to be admitted to units of different types. Waitlist proposed change: Every reasonable action will be taken by LHC to assure applicants can make informed choices regarding the development(s) in which they wish to reside. LHC will disclose information to applicants regarding the location of available sites, occupancy number and size of accessible units. LHC will also include basic information relative to amenities such as Head Start, public transportation, training programs, and an estimate of the period of time the applicant will likely have to wait to be admitted to units of different types. No adverse actions will be taken against these applicants for not taking the unit at an alternative site. Waitlist Current: LHC Policy While the family is on the waiting list, the family must inform LHC, within 14 calendar days, of changes in family size or composition, preference status, or contact information, including current residence, mailing address, and phone number. The changes must be submitted in writing. Changes in an applicant's circumstances while on the waiting list may affect the family's qualification for a particular bedroom size or entitlement. When an applicant reports a change that affects their placement on the waiting list, the waiting list will be updated accordingly. Waitlist proposed change: LHC Policy Once the family is pulled for processing, the family must inform LHC, within 14 calendar days, of changes in family size or composition, preference status, or contact information, including current residence, mailing address, and phone number. The changes must be submitted in writing. Changes in an applicant's circumstances while on the waiting list may affect the family's qualification for a particular bedroom size or entitlement. When an applicant reports a change that affects their placement on the waiting list, the waiting list will be updated accordingly. Waitlist Current: HUD directs that a family that applies to reside in public housing must be offered the opportunity to be placed on the waiting list for any tenant-based or project-based voucher or moderate rehabilitation program that the PHA operates if 1) the other programs waiting lists are open, and 2) the family is qualified for the other programs [24 CFR (a)(2)(i)]. HUD permits, but does not require, LHC maintain a single merged waiting list for their public housing, Section 8, and other subsidized housing programs [24 CFR (a)(1)]. LHC has opted not to organize its waiting list in this way. Waitlist proposed change: HUD permits, but does not require, LHC maintain a single merged waiting list for their public housing, Section 8, and other subsidized housing programs [24 CFR (a)(1)]. LHC has adopted not to organize its waiting list in this way. Waitlist Current: LHC must assign eligible applicants to dwelling units in accordance with a plan consistent with fair housing and nondiscrimination. Public Housing ACOP Proposed Changes for 2016 Page 3 of 8

4 In filling an actual or expected vacancy, LHC must offer the dwelling unit to an applicant in the appropriate sequence. Applicants must have the ability to pay the security deposit and 1 st month s rent immediately upon a unit offer or LHC may go to the next household on the waiting list in sequential order. Chronically homeless households must be offered units in sequential order in accordance with the highest Service Prioritization Decision Assistance Tool (SPDAT) score on the Housing Assessment and Resource Agency (HARA) waitlist. LHC will offer the unit until it is accepted. This section describes the PHA s policies with regard to the number of unit offers made to applicants selected from the waiting list. This section also describes LHC s policies for offering units with accessibility features. Waitlist Current: LHC Policy LHC will maintain a record of units offered, including location, date and circumstances of each offer, each acceptance or rejection, including the reason for the rejection. Waitlist proposed change: In filling an actual or expected vacancy, LHC must offer the dwelling unit to an applicant in the appropriate sequence. Applicants must have the ability to pay the security deposit and ad provide utility transfer confirmation immediately upon a unit offer within 24 hours of offer acceptance or LHC may go to the next household in sequential order. LHC will offer the unit until it is accepted. This section describes the PHA s policies with regard to the number of unit offers made to applicants selected from the waiting list. This section also describes LHC s policies for offering units with accessibility features. Waitlist current: LHC Policy Applicants must accept a unit offer within 48 hours instead of 24 hours and pay the security deposit. LHC will not hold a unit off of the market based on a verbal commitment. Unless a security deposit and the 1 st month s rent is received from the applicant within 48 hours of a unit offer LHC will offer the available unit to the next eligible household until it is accepted as evidenced by a paid security deposit and 1 st month s rent. Applicants who are unable to pay the security deposit and 1 st month s rent within 48 hours of a unit offer will be placed in a ready pool. An applicant can remain in the ready pool until a 2 nd unit offer is made. If the applicant does not accept the 2 nd unit offer and pay the security deposit and 1 st month s rent within 48 hours after a unit is offered he/she will be removed from the waitlist. Waitlist proposed change: LHC Policy Applicants must accept a unit offer within 48 hours and pay the security deposit or provide documentation from an approved 3 rd party agency of their commitment to pay security deposit on the applicants behalf and demonstrate the ability to transfer applicable utilities into their name within 24 hours after acceptance. LHC will not hold a unit off of the market based on a verbal commitment. Unless the applicant pays the security deposit and demonstrates the ability to transfer applicable utility s into their name within 24 hours of acceptance LHC will offer the available unit to the next eligible household until it is accepted as evidenced by a paid security deposit and ability to transfer applicable utility s into the applicants name within 24 hours of acceptance Applicants who are unable to pay the security deposit and demonstrate the ability to transfer applicable utility s in their name 24 hours after acceptance of a unit will be placed in a ready pool of approved applicants. Public Housing ACOP Proposed Changes for 2016 Page 4 of 8

5 An applicant can remain in the ready pool until a 2 nd unit offer is made. If the applicant does not accept the 2 nd unit offer and pay the security deposit and demonstrate the ability to transfer applicable utilities into their name 24 hours after acceptance of a unit he/she will be removed from the waitlist LIPH: LIPH Documentation Current: All documents that require a signature need a notary stamp. LIPH Documentation Proposed Addition CHANGE: All documents that require a signature require a notary stamp or be witnessed by LHC staff. Interim Recertification Current: Interim changes in rent will be calculated only if income goes up or down $ annually. Changes must be documented on the Income and Asset and/or Personal Declaration forms Interim Recertification Proposed CHANGE: Interim recertification s of rent will be completed when there is a change up or down in income of annually or in any amount if the change in income will last for a full 30 days. LIPH Pet Policy Current: refers to service animals as pets. LIPH Pet Policy Proposed Change: delete all references to service animals as pets and refer to service animals as service animals LIPH Additions to household current: Household is a broader term that includes additional people who, with LHC s permission, live in a public housing unit, such as live-in aides, foster children, and foster adults. Household Additions Additions to a household will be made only if the person(s) are born married, adopted or court awarded to the family. LIPH Additions to household proposed change: Additions to the house hold can be made at any time. In order to remove household members from your lease you must provide a current bill with the family members address, a photo id with the new address and a lease. Bedroom size will not change unless you are married, birth, court ordered adopted Waitlist and LIPH: Criminal Activity Current: LHC Policy If any household member is currently engaged in, or has engaged in any of the following criminal activities, within the past seven (7) years from date of discharge, the family will be denied admission. Drug-related criminal activity, defined by HUD as the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug [24 CFR 5.100]. Violent criminal activity, defined by HUD as any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage [24 CFR 5.100]. Public Housing ACOP Proposed Changes for 2016 Page 5 of 8

6 Criminal activity, that may threaten the health, safety, or welfare of other tenants [24 CFR (c)(3)]. Criminal activity, which may threaten the health or safety of LHC staff, contractors, subcontractors, or agents and will be placed on a No Trespass list LHC wide for seven (7) years. Criminal sexual conduct, including but not limited to sexual assault, incest, open and gross lewdness, or child abuse. Evidence of such criminal activity includes, but is not limited to any record of convictions, arrests, or evictions for suspected drug-related or violent criminal activity of household members within the past 7 years. A conviction for such activity will be given more weight than an arrest or an eviction. In making its decision to deny assistance, the LHC will consider the factors discussed in Sections 3-III.E and 3-III.F. Upon consideration of such factors, LHC may, on a case-by-case basis, decide not to deny assistance. Criminal Activity Proposed Change: LHC intends to add best practices based on HUD s intent to provide housing assistance to those with the greatest need. Below are issues LHC is seeking to address with the proposed policy changes: a) The seriousness of the offending action, especially with respect to how it would affect other residents; b) The extent of participation or culpability of the leaseholder, or other household members, in the offending action, including whether the culpable member is a minor, a person with disabilities, or a victim of domestic violence, dating violence, sexual assault, or stalking; c) The effects the eviction will have on other family members who were not involved in the action or failure to act; d) The effect on the community of the termination, or of the PHA s failure to terminate the tenancy; e) The effect of the PHA s decision on the integrity of the public housing program; f) The demand for housing by eligible families who will adhere to lease responsibilities; g) The extent to which the leaseholder has shown personal responsibility and whether they have taken all reasonable steps to prevent or mitigate the offending action h) The length of time since the violation occurred, the family s recent history, and the likelihood of favorable conduct in the future. i) Reducing the term of the lookback period for criminal conduct during the screening process to a twelve-month period for drug-related criminal activity and a twenty-four month lookback period for violent and other criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other resident j) LHC may allow public housing applicants to address and present mitigating circumstances regarding criminal backgrounds prior to admission decisions. If any household member is currently engaged in, or has engaged in any of the following criminal activities, within one year from date of discharge, the family will be denied admission. Public Housing ACOP Proposed Changes for 2016 Page 6 of 8

7 Drug-related criminal activity, defined by HUD as the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug [24 CFR 5.100]. Violent criminal activity, defined by HUD as any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage [24 CFR 5.100]. Criminal activity, that may threaten the health, safety, or welfare of other tenants [24 CFR (c)(3)]. Criminal activity, which may threaten the health or safety of LHC staff, contractors, subcontractors, or agent. Criminal sexual conduct, including but not limited to sexual assault, incest, open and gross lewdness, or child abuse. Evidence of such criminal activity includes, but is not limited to any record of convictions, arrests, or evictions for suspected drug-related or violent criminal activity of household members within the past 2 years. A conviction for such activity will be given more weight than an arrest or an eviction. In making its decision to deny assistance, the LHC will consider the factors discussed in Sections 3-III.E and 3-III.F. Upon consideration of such factors, LHC may, on a case-by-case basis, decide not to deny assistance. Bedroom size current: o LHC Policy o LHC will use the same occupancy standards for each of its communities. o LHC s occupancy standards are as follows: o LHC will assign one bedroom for each two persons within the household, except in the following circumstances: o Persons of the opposite sex (other than spouses, unrelated adults and children under age 18 will not be required to share a bedroom. o Persons of different generations will not be required to share a bedroom. o Live-in aides will be allocated a separate bedroom if available. No additional bedrooms will be provided for the live-in aide s family. o Single person families will be allocated a zero or one bedroom. o Foster children shall be included in determining unit size. o Family members who are absent most of the time, such as a member who is away in the military, will not be allocated a bedroom. o LHC will not assign a larger bedroom size due to additions of Family members other than by birth, adoption, marriage or court-awarded custody. (Families must obtain Public Housing ACOP Proposed Changes for 2016 Page 7 of 8

8 approval of any additional family member before the person occupies the unit except for additions by birth, adoption or court-awarded custody.) Bedroom size proposed change: o LHC Policy o LHC will use the same occupancy standards for each of its communities. o LHC s occupancy standards are as follows: o LHC will assign one bedroom for each two persons within the household, except in the following circumstances: Live-in aides will be allocated a separate bedroom if available. No additional bedrooms will be provided for the live-in aide s family. Single person families will be allocated a zero or one bedroom. Foster children will be included in determining unit size as described above unless the court orders a separate bedroom Family members who are absent most of the time, such as a member who is away in the military, will not be allocated a bedroom. o LHC will not assign a larger bedroom size due to additions of Family members other than by birth, adoption, marriage or court-awarded custody. o Families must obtain approval of any additional family member before the person occupies the unit except for additions by birth, adoption or court-awarded custody. Public Housing ACOP Proposed Changes for 2016 Page 8 of 8

Denial or Termination of Assistance CHAPTER 12 DENIAL OR TERMINATION OF ASSISTANCE

CHAPTER 12 DENIAL OR TERMINATION OF ASSISTANCE 12.0 INTRODUCTION The HA may deny assistance to a family or to the requested addition of a household member or terminate assistance to a family because of