2016-29343 Reso RESOLUTION NO 2016-29343
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE AFFORDABLE
HOUSING PROGRAM OPERATIONS AND MANAGEMENT MANUAL
(TENANCY MANUAL) ATTACHED TO THIS RESOLUTION TO BE
UTILIZED IN THE ONGOING OPERATION OF CITY-OWNED
AFFORDABLE RENTAL APARTMENTS.
WHEREAS, the City is an entitlement community for a variety of funds from the United
States Department of Housing and Urban Development and the Florida Department of Economic
Opportunity for the creation and retention of affordable housing; and
WHEREAS, Miami Beach Community Development Corporation (MBCDC) received funds
from the City for the acquisition and rehabilitation of five (5) affordable housing projects: Allen
Apartments; Barclay Plaza Apartments; Lottie Apartments; Madeleine Village Apartments; and
Neptune Apartments (the "MBCDC Properties"); and
WHEREAS, a review of MBCDC projects and operations revealed a variety of operational
and compliance lapses that jeopardized those projects and raised concerns regarding MBCDC's
operational capacity; and
WHEREAS, on September 17, 2014, the City Commission, through Resolution No. 2014-
28756 authorized the City Manager to pursue the acquisition of the five (5) MBCDC Properties; and
WHEREAS, on January 9, 2015 the City took title to the Lottie and Madeleine Apartments,
and on January 30, 2015 the City took title to the Barclay and Neptune Apartments; and
WHEREAS, tenant manuals provide affordable housing project tenants with salient
information about federal housing rules, grievance procedures and tenant responsibilities; and
WHEREAS, the Administration recommends that the Mayor and City Commission approve
the Tenancy Manual attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
the amended Affordable Housing Program Operations and Management Manual (Tenancy Manual)
attached to this Resolution to be utilized in the ongoing operation of City-owned affordable rental
apartments.
PASSED and ADOPTED this /(3 day of April , 2016.
ATTEST:
11.x%`,1 ,�
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RA AEL E. GRANADA CI Y CLER.! '• ct, I. rL MAYOR
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APPROVED
:INCCRP `4 ' ASTO
ORATED
FORM LANGUAGE
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City Attorney _Date
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and the City Commission of the City of Miami Beach, Florida, approving the Affordable
Housing Program Operations and Management Manual(Tenancy Manual)to be utilized in the ongoing operation of
City-owned affordable rental apartments.
Key Intended Outcome Supported:
NA
Supporting Data (Surveys, Environmental Scan, etc.):
Item Summary/Recommendation:
In May 2013,the City embarked on an extensive review of its U. S. Department of Housing and Urban Development
(HUD) funded projects and operations. This review included the analysis of the affordable housing projects
undertaken between 2008 and 2013 by Miami Beach Community Development Corporation (MBCDC), the City's
largest HUD-funded beneficiary. This analysis uncovered significant compliance lapses and determined that MBCDC
had grown too quickly and did not have the capacity to properly operate its extensive housing portfolio. City staff
reached out to the MBCDC Board of Directors and offered a plan to address the agency's operational problems while
securing the City's fiscal interests and the wellbeing of the tenants housed by MBCDC. That plan suggested that
MBCDC surrender title to five (5) properties: the Allen Apartments, the Barclay Plaza Apartments, the Lottie
Apartments, the Madeleine Village Apartments, and the Neptune Apartments.
At its September 17,2014 meeting,the City Commission approved Resolution No. 2014-28756 authorizing the City
Manager to proceed with the acquisition of the properties,and subsequently, in January 2015,the City acquired four
of the five properties. Over the last year of operations, staff has experienced many issues and concerns, as well as
opportunities relating to maintaining these assets and providing the best living environment for the tenants.Therefore,
staff deemed it important to establish a Tenancy Manual based on its experiences to ensure that the properties
comply with HUD rules and regulations in providing decent, safe and sanitary housing.
The staff review resulted in the Tenancy Manual which addresses the operations, management, liabilities,
responsibilities, and enforcement of the lease agreements between the City and its tenants. The Administration is
therefore requesting the Commission's approval of the manual.
Advisory Board Recommendation:
NA
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary: NA
City Clerk's Office Legislative Tracking:
Maria Ruiz
Sign-Offs:
Department Director Assista4 ity Manager City Manager
MLR KGB p/ JLM
T:\AGENDA\2016\April\Housing&Community Services\Tenancy Manual Amendment Summary.doc
NAIAMIBEACH AGENDA ITEM C 7
DATE
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members the City C•• mission
FROM: Jimmy L. Morales, City Manager
DATE: April 13, 2016
SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF
THE CITY OF MIAMI BEAC , FLORIDA, APPROVING THE
AFFORDABLE HOUSING PROGRAM OPERATIONS AND
MANAGEMENT MANUAL (TENANCY MANUAL) ATTACHED TO
THIS RESOLUTION TO BE UTILIZED IN THE ONGOING
OPERATION OF CITY-OWNED AFFORDABLE RENTAL
APARTMENTS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
In May 2013, the City embarked on an extensive review of its U. S. Department of Housing and
Urban Development (HUD) funded projects and operations. This extensive review included the
analysis of the affordable housing projects undertaken between 2008 and 2013 by Miami Beach
Community Development Corporation (MBCDC), the City's largest HUD-funded beneficiary, as
well as the City's internal processes, operations and staff. This analysis uncovered significant
compliance lapses including, but not limited to, contractual lapses, violations of HUD rules and
regulations, and fiscal irregularities.
The review determined that MBCDC had grown too quickly and did not have the capacity to
properly operate its extensive housing portfolio. City staff reached out to the MBCDC Board of
Directors and shared its findings offering a plan to address the agency's operational problems
while securing the City's fiscal interests and the wellbeing of the tenants housed by MBCDC.
That plan suggested that MBCDC surrender title to five (5) properties: the Allen Apartments, the
Barclay Plaza Apartments, the Lottie Apartments, the Madeleine Village Apartments, and the
Neptune Apartments.
At its September 17, 2014 meeting, the City Commission approved Resolution No. 2014-28756
authorizing the City Manager to proceed with the acquisition of the properties. Subsequently, in
January 2015, the City acquired four of the five properties. The Barclay Apartments are
currently unoccupied and boarded awaiting the completion of redevelopment plans that call for
City Commissioner Memorandum—Amended Tenancy Manual
April 13,2016
Page 2
the creation of workforce housing. The Lottie, Madeleine, and Neptune Apartments were
acquired in operation and leased to tenants with varying lease lengths. For the first time in its
history, the City was the owner/landlord for affordable rental properties and realized the need for
a consistent set of rules that would ensure that its properties and their tenants are managed
equitably and consistently to best practices.
ANALYSIS
Over the last year of operations, staff has experienced many issues, concerns, as well as
opportunities relating to maintaining these assets and providing the best living environment for
the tenants. The Tenancy Manual addresses issues and situations that arose based on staff's
experiences in managing the properties as well as establishing a framework upon which to
ensure compliance with HUD rules and regulations that ensure the provision of decent, safe and
sanitary housing.
Staff reviewed and evaluated the Tenancy Manual and sought the consultation of the City
Attorney's Office. The result is the amended Manual which addresses the operations,
management, liabilities, responsibilities, and enforcement of the lease agreements between the
City and its tenants. A copy of the Tenancy Manual is attached to this memorandum.
CONCLUSION
The Administration requests that the Mayor and City Commission approve the Affordable
Housing Program Operations and Management Manual so that it can be utilized in the ongoing
operation of the City-owned affordable rental apartments.
JLM/K /MLR/ARB
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Affordable Housing Program e
Operations & Managemen Manual
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-Administered by the Office:of Housing&Commu_nrty Development-,, . ='
Forwarc!•' ,The:Office Of Housin & Communit Development is tasked with`managing the City of_Miami Beach's
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Affordable:Housing Program,l encompassing those residential, multi-household;buildings;receiving US
Department of Housing and;Urban:Developm_ent.(HUD),subsidy ;_
These properties include ,.
• ' London House Apartments-(projected for occupancy in September 20`16)
. ,- . _ "Lottie Apartments
Madeleine Village Apartments 1
-- - •. Neptune Apartments
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` For more information about these properties, please contact:
t,_ ' - Office°of Housing_&CommunityServices '
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"� Miami°Beach'Florida 33139 .
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-•_ J°Telephone 305=673-7260
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Index
Program Administration 6
A. Purpose of the Operations&Tenancy Manual - 6
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B. Office of Housing & Community Services(HCS) 6
■ C. Fraud and Crime Control Program • 6
D. Assistance to Limited English Proficiency(LEP) Persons 6
II. Eligibility for Admission and Processing of Applications 8
A. Affirmative Marketing 8
B. Qualifying for Admission 9
C. Wait List Management . 11
D. Opening and Closing of the Wait List 13
E., Processing Applications for Admission 14
F. The Applicant Selection System 15
G. Interviews and Verification Process 16
H. Screening Applicants for Admission 19
I. Ability to Comply with Financial Obligations and Lease Requirements 19
J. Denial of Assistance 20
K. Applicants and Residents Claiming Mitigating Circumstances • 21
L. Qualified and Unqualified Applicants 23
M. Occupancy Guidelines 23
N. Record Maintenance 25
III. Tenant Selection and Assignment Plan '. 25
A. Organizing the Wait List 25
B. Removing Applicants from the Project-based Wait List 25
C. Good Cause for Applicant Refusal of Unit Offer 26
D. Administering the Applicant Wait List 26
IV. Leasing Policies 26
A. General Leasing Policy 26
B. Showing Units Prior to Leasing 27
C. Changes in the Household and Visitors 27
D. Requirements for Posting Policies, Rules and Regulations 29
V. Tenant Responsibilities 29
A. Maintenance . . - 29
B. Work Orders and Repairs • 30
C. Housing Project Rules . . 32
• D. Schedule of Fees 30
VI. Transfer Policy 31
A. General Transfer Policy 31
- B. . Types of Transfers 31
C. Processing Transfers 32
D. Administrative Requirements 33
E. . Good Record Requirement for Transfers 34
F. Relocation 34
VII. Eligibility for Continued Occupancy,Annual Reexaminations and Remaining Household- . 35
Members
A. Eligibility for Continued Occupancy 35
B. Remaining Household Members and Prior Debt . 35
C. Annual Recertification 35
D. Recertification Procedures 35
E. Income Verification and Third Party Verification - 36
F. • Action Following Recertification 37
Page3of64
VIII: Lease Termination Procedures 37 .
A. - General Process: Lease Termination 37
_ B. Mitigating Circumstances - V. 38
C. Notice Requirements' 39
D. Recordkeeping Requirements 39
IX. Grievance Policy = - 39
- .A. Applicant's Informal Reviews 39
B. Resident's Procedure for Obtaining an Informal Hearing 40
C. Applicability and Exclusions 41
D. Hearings 41. ,
E. Hearing Process:for Applicants and Residents 42
F. Decision of the Hearing 42
X. Utilities and Maintenance Charges ' 42
A. Utilities - 42
B. Utilities Paid by the Resident 42
C. Maintenance Charges 42
XI. Determining Income and Rent • : 43
A. Annual Income - 43
B. Items Not.Included in Annual Income 44
C. Anticipating Annual Income
D. Rent Amounts \ 45
E. Rent.Collection 45
F. Security Deposit 46
XII. Fair Housing and Equal Opportunity 46
A. Non-discrimination Policy 46
B. Processing Non-Discrimination Complaints and Reason_able Accommodation Requests 46
C. Effective Communication Policy 46
D. Emergency Evacuation Assistance Program Procedures ,. - - 46
E. Service Animals ' ' , 47
XIII. Domestic Violence 47
A. Overview -., ., 47
B. Admission and Continued Occupancy Criteria .
C. Evidence Required as Proof of Domestic Violenc 48
D. Considerations for Victims of Domestic Violence - 48
E. Protection of Victims of Domestic Violence - 49
-. Appendix I - . 50
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Mission Statement ' The,;City of.Miami' Beach is committed to ,providing excellent public
services and safety tonal who live, work and play in our vibrant, tropical historic community •
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I. Program Administration
A. Purpose of the Operations&Tenancy Manual
This Operations & Tenancy Manual (Manual) provides the parameters for the operations,
maintenance and tenancy of those properties administered within the City's Affordable Housing
Program. The Manual shall be available for public review during regular office hours Monday
through Friday at the Office of Housing & Community Services located at 555— 17th Street, Miami
Beach, Florida as well as online at www.miamibeachfl.qov.
The purpose of this Manual is to establish written processes in accordance with United States
Department of Housing and Urban Development (HUD) regulations and in regards to matters
not covered under the HUD regulations, but left to local discretion. The regulations that govern
these programs are documented in Title 24 of the Code of Federal Regulations (CFR) and other
applicable regulations promulgated by the HUD.
B. Office of Housing & Community Services (HCS)
The City of Miami Beach, a municipality within Miami-Dade County (County), a political
subdivision of the State of Florida, is the local governmental entity responsible for affordable
housing programs including, but not limited to, federally-assisted housing programs, which are
administered through the City's Office of Housing & Community Services (HCS). Although HCS
has responsibility for all day-to-day operations of its affordable housing programs, any revisions to
this manual after its adoption, requires approval from the City's Mayor & City Commission
and/or City Manager or his designee.
Administration of the Affordable Housing Program shall comply with all applicable Federal,
State and local law, program handbooks, and policies promulgated by HUD, and other federal
laws including, but not limited to: the United States Housing Act of 1937, as amended; the Fair
Housing Act, as amended; the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; and Section 3 of the Housing and Urban Development Act
of 1968, as amended.
For more information on the HUD laws,regulations and regulations,please visit www.hud.gov
C. Fraud and Crime Control Program
HCS investigates allegations of fraud and illegal activity committed by housing program
applicants and residents, including household members on the lease. Incidents of fraud or illegal
activity should be reported to HCS by calling 305-673-7260 or online via the City's eGov portal.
HCS proactively seeks to prevent and eliminate crime and fraud. HCS may refer cases to the
Miami Beach Police Department; Public Corruption Task Force, Office of the State Attorney; or
local law enforcement agencies with jurisdiction to investigate housing fraud, criminal and fraud
cases for legal prosecution and collection of debt, if applicable. In an effort to ensure safety
at its properties, each City site shall display "no trespass" signage, as delineated in
Florida Statutes 810.08 and 810.09. City of Miami Beach Police officers are authorized
to enforce posted signage leading up to and including arrest of any offenders.
t
D. Assistance to Limited English Proficiency(LEP) Persons
HCS is committed to ensuring direct access to its programs and activities. A Limited English
Page 6 of 64
Proficient (LEP) person is defined as someone that does not speak English as the primary
language and has limited ability to read, write, or understand English at a level that permits
the person to communicate effectively in the course of applying or receiving services or benefits
from recipients of federal funds.
1. Limited English Proficiency Four(4)Factor Analysis
HUD's Final L E P Guidance defines a self-assessment method to assist agencies
receiving its funds in determining the extent of their obligations to LEP persons. HCS has
conducted the following four-factor self-assessment and concluded that Spanish is the non-
English language most commonly spoken by the LEP population it serves.
a. The number and proportion of LEP persons eligible to be served or likely to be
encountered by the program or grantee (persons speaking a language
other than English exceeds 5%or 1,000 persons,whichever is less);
b. The frequency with which LEP persons come in contact with the program;
c. The nature and importance of the program, activity, or service provided
by the program to people's lives; and
d. The resources available to HCS and its costs.
2. Language Assistance Plan(LAP)
Applicants and program participants are informed of their ability to request an interpreter in all
written HCS advertisements and notifications related to hearings, interviews, scheduled
appointments,and adverse action notices.
a. Staff Training. HCS employees are provided with training on the LEP policy requirements,
their role in assisting LEP persons, and with information on the resources available for
LEP persons and how to access these resources.
b. Oral Language Interpretation. HCS utilizes bilingual staff members fluent in Spanish to
provide oral language interpretation to LEP persons at face-to-face or telephone
contacts, as needed. Oral l a n g u a g e interpretation services may be provided for
scheduled appointments, meetings, informal reviews, hearings and interviews, with
advance notice of five (5) business days. Language interpretation services are offered to
LEP persons for activities including but not limited to the following:
• Eligibility Interview
• Rental Interview and Lease Signing
• Initial,Annual,and Interim Reexaminations
• Transfer and Resident Tenancy Application
• Reasonable Accommodation Requests
• Conferences, Informal Reviews and Hearings
HCS staff will not require or request LEP persons to bring their own interpreter. A LEP
person may request that an adult household member or friend (18 years of age or older)
provide interpretation. The LEP person will be advised by HCS staff about the availability of
free language services.
c. Written Language Translation of Vital Documents. HUD's Final LEP Guidance defines vital
documents as "those that are critical for ensuring meaningful access by beneficiaries or
potential beneficiaries generally and LEP persons specifically." HCS translates its vital
documents into Spanish and are available upon request.
HCS has translated into Spanish the following vital documents. They are available in the
shared drive at: F:\RHCD\$ALL\HSG-CD\Affordable Housing Program and maybe provided
to LEP persons upon request:
• Consent and complaint forms;
Page 7 of 64
• Intake forms with the potential for important consequences;
• Written notices of rights, denial, loss, or decreases in benefits or services, and
other hearings;
• Eviction Notices;
• Notices of advising LEP persons of free language assistance;
• Notices of public hearings, especially those that meet HUD citizen participation
requirements; and/or
• Lease and tenant rules.
3. Monitoring and Updating
HCS will periodically review and assess its LEP policy, based on the City's demographics and
changes in HUD regulations.
II. Eligibility for Admission and Processing of Applications
A.Affirmative Marketing
HCS' marketing plan ensures inclusion on its wait list of all people without regard to race,
national origin, color, sex, intersexuality, religion, age, disability, familial and marital status,
ancestry, sexual orientation, gender identity, or source of income, except where local housing
preferences have been enacted by the Mayor and City Commission.
The opening of the wait list will be advertised utilizing a variety of media including: local area
newspapers, the City's website and digital media resources, and via press release to member
agencies of the Miami Beach Service Partnership. The opening and closing dates of any open
wait list period will be advertised in advance. The wait list ranking process will be conducted per
the State of Florida laws.
Efforts will be taken to ensure outreach t o our City's eligible population providing information
of opportunities to apply for program assistance. In order to reach the widest eligible population,
the agency may use special outreach in any of the following methods:
• Notice to churches, synagogues,and other places of worship;
• Notice to government offices including, but not limited to, Miami-Dade County regional
libraries, Miami-Dade County Community Action Agency, Social Security Administration,
State of Florida Department of Children and Families, Legal Services of Greater Miami,
Inc., or other agencies designed to assist the low income community;
• Notice to agencies that assist the elderly or disabled;
• Public service announcements on radio or television;
• Announcement at public meetings; and
• Any other methods deemed appropriate to increase the scope of outreach for
eligible applicants.
Marketing and informational materials will:
• Comply with Fair Housing Act requirements and HUD regulations;
• Describe the application process,wait list,and preference structure accurately;
• Utilize easy—to-understand terms distributed in more than print media;
• Clearly indicate eligibility; and
• Communicate HCS' responsibility to provide reasonable accommodations to people
with disabilities.
Page 8 of 64
B. Qualifying for Admission
1. Placement on the wait list does not indicate that the applicant is eligible for
admission. A final determination of eligibility will be made when the applicant is
selected for interview. It is the City's policy to admit only qualified applicants into its
housing programs.
2. An applicant is qualified if he or she meets all of the following criteria:
a. Meets HUD requirements on citizenship or immigration status;
b. Meets HUD's established income limits;
c. Provides documentation of Social Security numbers for all household members;
d. Provides documentation validating identity of each adult or emancipated minor;and
e. Meets the Applicant Selection Criteria.
f. Other requirements as promulgated by HUD.
3. Citizenship or Eligible Immigration Status
In order to determine each household's eligibility, HCS is required to verify the
citizenship and/or immigration status of each individual household member.
a. There are four(4)categories of citizenship/immigration status:
i. Eligible citizen
ii. Eligible noncitizen
iii. Ineligible noncitizen
iv. Pending Verification
b. The Declaration of Citizenship or Eligible Immigration Status form must be signed by
all household members (or by parent or guardian if household member is a minor).
Documents to verify citizenship or immigration status may be required.
c. A citizen/national may submit one of the following documents:
• U.S. Passport
• U.S. Birth Certificate
• Certificate of Citizenship
• Naturalization Certificate
• Voter's Registration
• Other documents as may be required by HUD
d. An eligible noncitizen must have permanent residence, refugee or asylee status.
Acceptable documentation of eligible immigration status includes:
• Permanent residents: Permanent Resident Card (Form 1-551), also known
as the"Green Card."
• Asylees: Asylum Approval Notice, Employment Authorization Document
(EAD), or Arrival-Departure Record (Form 1-94), along with government-issued
ID card with photo.
• Refugees: Refugee Approval Notice or Employment Authorization
Document (EAD).
• For non-citizens 62 years of age and older receiving assistance under a covered
program on September 30, 1996 or applying for assistance after that date,
a signed declaration of eligible immigration status and proof of age is required.
e. Documents must be valid and current.
f. Documentation proving citizenship or eligible immigration status must be provided to
HCS within ten (10) business days of the intake and assessment. HCS may
extend the submission period, which shall not exceed thirty (30) days. The
household members coded as ineligible noncitizens are required to submit evidence
of changes in eligible immigration status while being assisted under the program.
HCS shall verify immigration status for each household member.
Page 9 of 64
g. In circumstances where HCS has not verified eligibility, the household will be
provided with a written notice that shall include:
• That the household has a right to request an appeal to HCS of the results
of the verification of immigration status;
• That the household has the right to request an informal hearing with HCS
upon completion of the appeal;
• That housing assistance may not be denied or terminated until the conclusion of
the appeal process; and
• Notification of the type of assistance for which the household may be eligible
(continued assistance, temporary deferral of assistance or pro-ration of
assistance).
4. Social Security Numbers. All members of the household must provide appropriate
documentation of his or her Social Security Number (SSN) before the household
member is admitted into the program:
a. Disclosure requirement for applicants. At eligibility determination, each applicant
must submit the complete and accurate SSN assigned for each member of the
applicant's household, including the live-in aide and children under the age of six
(6).
b. Subsequent Disclosure. When an additional household member is added to the
household, including a newborn or live-in aide, a complete and accurate SSN for
each new member must be provided and verification provided at the time of the
request or at the time of processing the interim reexamination or recertification
of household composition. If the additional household member is under the age of
six (6) and they have no SSN, a SSN must be applied for and documentation
submitted at the time of the request to add the child to the household.
c. Verification of SSNs. Applicants and participants must submit one of the following
documents to confirm their SSN:
o A valid SSN issued by the SSA; or
o An original document from a federal or state government
agency that contains the individual's name and SSN, along with
identifying information of the individual(i.e. address, date of birth, etc.)
Referral sources for applicants and participants who need to request a SSN
or information may contact www.socialsecurity.gov or(800)772-1213.
d. Time frame to submit documents to confirm the SSN. The following timelines shall be
followed:
• If the SSN documents cannot be submitted at the time of eligibility
screening, and the applicant is otherwise eligible, the applicant may retain
his or her place on the wait list until the required documents to confirm the
SSN are provided.
• SSNs are required for the annual and/or interim reexamination.
• HCS may grant additional time up to 60 days, only if there are
unforeseen circumstances beyond the household's control that prevent the
household from complying with the SSN requirements. Such an extension
must be requested in writing.
e. Penalties for failing to disclose and verify SSN. If an applicant fails to produce a
SSN:
• HCS must deny an applicant if he/she does not meet the applicable
SSN disclosure, documentation and verification requirements by the time
eligibility is determined or within the period of time established by HCS to
provide documentation.
• HCS must terminate a participant's tenancy if he/she does not meet
the applicable SSN disclosure,documentation and verification requirements.
5. Verification of Identity. The following is required identification documentation for each
adult or emancipated minor having citizenship or eligible immigration status:
Page 10 of 64
• State-issued driver's license (current and unexpired), or
• State-issued identification card(issued within the last ten(10)years);
• U.S. passport(current and unexpired);
• US-issued immigration verification documents that contain a picture of
individual (issued within the last ten(10)years);
• Military identification card; and
• Other documents as may be required by HUD.
6. Legal Capacity. The head of household must be 18 years of age or older at the
time of application, or have been emancipated by a court of appropriate jurisdiction,
otherwise the household will be removed from the wait list. The head of household
must have the capacity under state and local law to enter into a legally-binding
lease agreement.
C. Wait List Management
HCS maintains a community-wide wait list with for its programs: The waitlist is published and
available for review on the City's website at www.miamibeachfl.gov
1. Position on Wait List. Each applicant will be categorized by preference and family
composition [e.g., general occupancy, unit with accessible features and size (number of
bedrooms required) of unit]. Applicants who qualify for any local preferences shall be given
priority for housing placement over non-preference applicants.
2. Movement on the Wait List. Each applicant moves up the wait list in sequence, based upon:
• A neutral lottery system that determines the applicant's ranking on each
program;
• Local preference; and
• Type and size of unit required.
When an applicant reaches the top of the Wait List, his/her information will be verified, including
any local preference request, so that he/she may be certified eligible to receive benefits.
Applicants failing to provide verification of local preference will not be eligible for said
preference and will be restored to the general wait list.
Applicants determined ineligible will be promptly notified of their ineligibility and the reason for
the determination, and shall be provided an opportunity for an informal review if requested
within thirty(30)days of the notice.
3. Changes to Household Composition. Changes to the household composition shall be considered
and documented at the time the changes below occur.
a. Addition to Household Composition,. Requests for additions to the household
composition are to be made in writing by the head of household and are restricted to:
• Spouses, co-heads, or domestic partners; children (born, adopted, or
otherwise granted custody by operation of law, including foster children).
HCS will require documentation that the head of household has
authorization to include a minor as part of the household. Court-
approved custody or guardianship is not the only mechanism for
establishing that a head of household has authorization to include a minor in
the household composition. Addition of minors may also be permitted for
families in which one (1) or more children live with the designee of the
parent or legal custodian, with the parent or custodian's written consent.
Documentation can include, but is not limited to, court documents, pre-need
guardian, school records, other state and federal public assistance
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documentation,or power of attorney;
• Immediate relatives (sons, daughters, brothers, sisters, parents,
grandparents and grandchildren), may be added for humanitarian and
extraordinary reasons, including reasonable accommodation for a
household member on a case-by-case basis and approved by the
Department Director or designee.
• Addition of a Live-in Aide. A live-in aide may be added to the household as follows:
• HCS will consider a written request for a live-in aide as a reasonable
accommodation, upon documented verification that the elderly or disabled
person requires the services of a live-in aide.
• If the live-in aide is not a household member, the income of the live-in aide
is not considered towards the calculation of the household's annual
income. If the live-in aide is a member of the household, his/her income will
be considered towards the calculation of the household's annual income.
• The live-in aide may live in the unit solely to care for the disabled household
member and qualifies for occupancy as long as the individual requires
the supportive services. HCS shall deny occupancy to the live-in aide
after the disabled resident terminates tenancy.
• A relative may be considered as a live-in aide, but must meet all the
above criteria and be qualified to provide care. The head of household and
the live-in aide shall acknowledge that the live-in aide does not have any
rights to the unit. The live-in aide does not qualify for continued
occupancy as a remaining household member, and shall be required to sign
a Live-In Aide Agreement which shall become an addendum to the resident's
lease.
• An eligible live-in aide may be granted up to one (1) additional
bedroom if approved as a reasonable accommodation. The live-in aide
may have HCS- approved household member(s) live with him/her in the
unit, as long as the occupancy standards are not violated. If additional
household members result in violation of the occupancy standards, or do
not meet the eligibility requirements set forth below, this specific live-in
aide may not be approved. No additional bedrooms will be provided to
accommodate the live-in aide's household members.
• The live-in aide (and household, if any) must provide the following
documents as part of the admission criteria described in this chapter:
o Proof of identity;
o Verification of birth date;
o Social Security number; and
o Other documents as may be required by HUD.
• The live-in aide (and household, if any) will be asked to sign forms which
include but is not limited to the following:
o Live-in Aide Agreement;
o Authorization to Check Information;
o Authorization to Obtain Criminal Background; and
o Authorization for the Release of Information/ Privacy Act Notice.
• The live-in aide individual (and any household members) may be denied
for the following reasons:
o Commits/committed fraud, bribery or any other corrupt or
criminal act in connection with any federal housing program;
o Unauthorized household members;
o The screening process shows a pattern of arrests within the
last ten (10) years of engaging in drug or violent criminal
activities excluding murder, arson, aggravated felony battery
and sex-related crimes not subject to lifetime registration under a
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state sex offender registration program;
o Violent criminal activities shall include any criminal activity that
has the use, attempted use, or threatened use of physical
force substantial enough to cause, or be reasonably likely to
cause, bodily injury or property damage; and/or
o A sex offender according to State Laws. HCS will perform
nationwide background checks. The nationwide background
check will be conducted online using a database available at
www.nsopw.gov.
b. Removals from the Household Composition. Household members may be removed as
follows:
• Any adult household member, including the head of household, requesting to be
removed from the household composition must provide a notarized statement
agreeing to the removal and acknowledging consent by the head of household.
• The notarized statement must be accompanied by two (2) pieces of supporting
documentation from different sources showing that the household member is no
longer residing. Supporting documentation to prove another residency may include, but
is not limited to, a copy of the dwelling lease agreement, utility bills, or official mail
(from a Federal, State, County or City government agency) properly dated (no more
than two (2) months old), showing the new address. HCS may request additional
documentation.
• If the adult household member is unable to provide the notarized statement agreeing to
removal, the head of household must provide a written statement explaining the
reason why the household member is unable to provide the statement and provide
supporting documentation, if available (e.g. death certificate,jail order).
• For removal of minors, the head of household must provide a signed, notarized
statement accompanied by supporting documentation showing that the minor is no
longer residing in the subsidized unit. Supporting documentation to prove another
residency may include, but is not limited to, school records, custody records, etc.
properly dated (no more than two months old), showing the new address.
C. Removal of Applicants from the Wait List. Applicants will be removed from the wait list when:
1. Applicant fa i I s to respond to notices of scheduled appointments or HCS
correspondence within the twenty-one (21) days. If removed from the wait list,
applicants will have a right to request an informal review as noted herein.
2. Applicant fails to keep HCS apprised of any changes in circumstances, including
changes to telephone number, address, etc.
3. Applicant accepts a unit offer.
4. Applicant requests to be removed from the waitlist.
D. Opening and Closing of the Wait List
1. Timing. Regarding the maintenance of the Wait List:
a. HCS may elect to dissolve the wait list as needed. Once the wait list is dissolved,
applicants, regardless of their ranking on the old wait list, if applicable, must submit new
applications during the open registration period in order to be added to the new wait
list. Notwithstanding the dissolution of the wait list, applicants who are being processed
prior to dissolution of the wait list will continue to be processed by HCS.
b. Ranking for the wait list is done through a computerized application and is verified by a
neutral third party.
c. HCS may elect to open the wait list if there are insufficient applicants for a particular
bedroom size, type (e.g., general occupancy, elderly designated buildings, elderly and
individuals with disability-designated buildings, accessible or non-accessible, or for one or
more of the local preferences.
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d. The opening and closing of registration periods will be advertised in the media to ensure
advance notice and accessibility by all segments of the community.
2. Open Registration at Designated Locations. HCS will ensure accessibility to the waitlist:
a. People interested in applying for HCS programs may do so during open registration
periods.
b. Applications will be available on-line at designated locations, including for those with
no computer access. Media advertisement and marketing providing notice of the
opening of the wait list will be conducted. The designated locations will be accessible to
people with disabilities and will be noted within the notice.
3. Submission of Applications. HCS will process applications:
a. The wait list registration period shall remain open for at least five (5) business days.
b. HCS' application for admission may request and include, but may not be limited to, the
following information: household composition and income; social security numbers;
dates of birth; disability; immigration status of each household member; and local
preference.
c. Applications will be available electronically during the open registration period at
www.miamibeachfl.gov. Assistance with the online submission may be available at
locations specified in the media announcement to enable access to eligible applicants.
d. In the event that HCS decides to accept applications in person at designated
locations, HCS will make reasonable accommodations for applicants with disabilities.
e. Only one application is allowed per household. Multiple applications will be grounds for
disqualification of the individual/household for placement on the wait list. Applications will
be screened for multiplicity to ensure that the applicant or any other adult household
member listed in the application has not submitted another application.
f. If an applicant on the wait list is determined ineligible for assistance, the applicant will be
notified by mail and will be given an opportunity for an informal review of such
determination, if requested in writing, within thirty ( 30) days of the
determination.
E. Processing Applications for Admission
All applicants will certify that the information provided in the pre-application is true and
accurate. Verification of provided information i s part of the eligibility process.
1. All applicants are responsible for updating HCS regarding changes of address and other
contact information. If an applicant does not respond to notices of scheduled
appointments or HCS correspondence requiring information within ten (10) days, the
applicant's name will be removed from the wait list. If removed from the wait list, applicants will
have a right to request an informal review in accordance with the Grievance Policy.
2. Applications are nontransferable except under the following conditions:
a. If the head of household deceases prior to or during the application process, one of the
remaining adult household members on the application will automatically become the head
of household, provided such person meets all eligibility requirements. In circumstances
where there is more than one (1) surviving adult household member, the household shall
determine which surviving household member should be head of household as long as
he/she i s part of the original application. HCS shall not make the determination
nor create more than one(1)application.
b. If the head of household is deceased and the remaining household members are minors,
the person granted legal custody of such children will become the head of household
and is entitled to the original date of application, provided such person meets all
eligibility requirements.
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•
c. Only one (1) application is allowed per household. HCS will consider the following
circumstances in determining which household member shall assume the application:
• The desires of the household;
• The interest of minor children, or disabled or elderly household members;
• Any instance of actual or threatened physical violence against a household member
by another household member;
• Which household members were part of the original application for assistance;or
• If a court determines property disposition between the household members, HCS
will abide the court's determination.
F. The Applicant Selection System
The factors that may affect applicant selection are described below:
1. Need for units complying with the Uniform Federal Accessibility Standards (UFAS) or
accessible features. The following factors will be considered:
a. Transfers of residents with disabilities and placement of applicants with disabilities
requiring units complying with UFAS or with accessible features will be approved in
accordance with the Reasonable Accommodation Policies and Procedures, in
accordance with the Reasonable Accommodations under the Fair Housing Act, (Appendix
I).
b. When an accessible unit becomes available, the unit will first be offered to a current
resident with disabilities in the same development who requires the accessibility
features of the vacant accessible unit and occupying a unit not having those features.
c. If there is no current resident in the same development who requires the accessibility
features, then the vacant accessible unit will be offered to a resident with disabilities
residing in another development that requires the accessibility features.
d. If there is no current resident who requires the accessibility features of the vacant,
accessible unit, then the vacant accessible unit will be offered to the next eligible,
qualified applicant with disabilities on the wait list who can benefit from the
accessible features of the available accessible unit.
e. If there is no eligible qualified resident or applicant with disabilities on the wait list who
wishes to reside in the available accessible unit, then it will be offered to an applicant
on the wait list who does not need the accessible features of the unit. HCS requires
residents to relocate to a vacant, non-accessible unit within thirty (30) days of written
notification from HCS, if there is an eligible applicant or existing resident with
disabilities who requires the accessibility features of the unit.
2. Income Targeting. HCS will comply with applicable HUD income targeting requirements to
ensure that high and low HOME rent levels as well as NSP- and SHIP-required set-asides are
met.
3. Transfers. HCS will also offer units to existing qualified residents on the transfer list. •
Emergencies and reasonable accommodation transfers are processed before new admissions.
4. Displaced Persons. This includes persons displaced due to governmental action and
national disasters declared by the President of the United States. The referral for
assistance must be made within six (6) months of the displacement in order for such families
to qualify for housing assistance.
Written referrals indicating that the person has been displaced due to governmental action may
also be accepted from HUD, appropriate federal, state and local law enforcement agencies, by the
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State Attorney's Office, or by the courts.
5. Wait List Admission Preferences. Preference request is limited to one per household.
Applicants failing to provide verification of local preference at initial eligibility screening will not
be eligible for the local preference and will be restored to the general wait list for selection
in accordance to the movement on the wait list. Applicants determined ineligible for the
requested local preference will be notified of their ineligibility and shall be provided an
opportunity for an informal review if requested within thirty (30) days of the written
notice.
HCS will not hold its units vacant for applicants or transferees with a preference, nor will it relax
eligibility or screening criteria to admit otherwise unqualified applicants with a preference.
Admission preferences are subject to the specific preference being indicated in the housing
application.Applicants requesting a preference should be properly coded in wait list.
G. Interviews and Verification Process
As applicants approach the top of the wait list, they will be contacted by mail and scheduled for
an initial eligibility interview. Once a housing offer is accepted, an eligibility interview will be
scheduled to complete the applicant file. Applications will be withdrawn if an applicant fails to
attend a scheduled interview or cannot be contacted to schedule an interview. Notwithstanding
this, HCS will make an exception for those people with a disability requiring a reasonable
accommodation as described in HCS's Reasonable Accommodation Policy and Procedures.
Generally, HCS will verify the household's eligibility within sixty (60) days. Verification documents
for initial certifications (admissions) and annual re-examinations must be no older than 60
days from the move-in date or the effective date of the re- examination.
1. The following items will be verified to determine qualification for admission to HCS:
• Identify of each adult or emancipated minor household member;
• Household composition and type(elderly/disabled/non-elderly);
• Annual Income;
• Assets and Asset Income;
• Deductions from Income;
• Local preferences;
• Social security numbers of all household members;
• Applicant Screening Information;
•
• Citizenship or eligible immigration status;
• Current landlord references;
• Criminal background, including any arrest due to drugs, and if registered as a sex
offender; and
• Public Records(eviction history).
2. HCS will not decline assistance to any household or any household member receiving
subsidy from a housing authority or subsidized housing program. If the applicant is
transferring, the household or household member must show documentation of intent to
vacate from the other housing authority or program before approval for admission. HCS
may provide up to th i rty (30) days to show proof of intent to vacate from the other
housing or program. Assistance will be denied if the applicant or participant does not
• provide proof that they moved from another housing authority or program before the
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expiration of the thirty (30) days. A 30-day extension to show intent to vacate or termination
of tenancy documentation may be provided in extenuating circumstances and upon good
cause.
3. Applicant Interview Process. Each eligibility interview appointment letter must include a
list of all the documents required by HCS at the interview and the Affordable Housing
Program Tenant Application form, or any other approved form for the same purpose.
• To the greatest extent possible, eligibility interviews are conducted in privacy.
Reasonable accommodations will be provided for people with disabilities who may
require special services.
• Original documents such as birth certificates, Social Security numbers, pay stubs,
and receipts will be reviewed, photocopied and included in the applicant's file.
• Applicants failing to submit required documents at the time of the interview will be
given a checklist listing missing documents and a final opportunity to provide the
documents. Applicant will be notified in writing at the interview of a second and final
appointment date. Applicants failing to provide requested documents at their next
appointment may be subject to denial of assistance.
• During the applicant's formal interviews, the eligibility interviewer will compare new
information received with past information stated on the application and query the
applicant regarding any discrepancies and/or require additional documentation.
• Any additional information or documentation specifically requested at the eligibility
interview must be provided within five (5) business days of the interview date
unless an extension is granted.
• The applicant household must complete all applicable information spaces on the
Affordable Housing Program Tenant Application. Misrepresentation of income,
household composition or any other information affecting eligibility and selection
criteria will result in the household being declared ineligible. In the event fraud is
discovered after admission, the household may be subsequently evicted, even if the
household meets current eligibility requirements at the time.
• After HCS has reviewed all information with the applicant, all adult household members
at the time of the eligibility interview, are required to sign the Affordable Housing
Program Tenant Application and other necessary forms such as the Authorization to
Release Information, prior to conducting background checks.
4. Affordable Housing Program Tenant Application Form. The Affordable Housing Program
Tenant Application is a personal statement of information required to evaluate the eligibility
for selection of the applicant. Information required on the form relate to the following:
• Household composition;
• Local preferences(if applicable);
• Emergency contacts;
• Previous landlord references;
• Background references;
• Care of unit;
• Household income;
• Household assets;
• Child-care expenses;
• Disability assistance expenses;
• Medical expenses; and
• Criminal background, among others.
In support of the applicant/tenant's declaration of income, HCS may review original documents,
Page 17 of 64
•
authenticated copies, and/or electronic documents (unaltered) provided by the applicant or
• resident. All income-related documents must be dated less than thirty (30) days preceding
the determination date (eligibility interview) and continues to be valid an additional thirty (30)
days following the request date. If income-related documents expire, the applicant or resident
will have to provide new documents. A photocopy will be placed in the file. Acceptable
applicant or resident provided documents include:
• Consecutive and unaltered pay stubs;
• Social Security Administration award letter;
• Bank statements;
• Pension benefit statements;
• TANF award letter; and
• Other official and authentic documents from a Federal, State or local agency.
a. Value of Assets. Each asset must be analyzed to obtain its net value (market/face value
less redemption cost).When verifying the value of assets,for example, a bank account, use
the current balance for savings account and at least one current bank statement indicating
the average balance or four(4) consecutive bank statements in order to calculate average
balance for checking accounts. HCS will accept unaltered documents (bank statement) to
verify assets from checking and savings accounts in lieu of obtaining written or oral
third party verifications, if the balance does not exceed $4,999 and HCS is able to
verify the asset through review of unaltered documents (bank statement) provided by the
applicant or resident.
b. Income from Assets (based on the total net value of household assets). When the total
value of assets is $5,000 or less, HCS will use the actual amount of income from assets.
If the only asset is an interest bearing bank account, the actual income from the asset is
the amount of interest earned shown in the last bank statement. When the total value of
assets is over$5,000, use the greater of:
• The actual amount of income from assets,or
• The imputed income from assets based on the Savings National Rate in effect at the
time.
c. If third party income verification is not otherwise available, a copy of the most recent
federal income tax return shall be submitted, including any W-2 information, or at least
two (2) months' consecutive pay stubs or earnings statements. As stated above, notarized
statements or affidavits are the least desirable forms of verifications and shall be
accepted only when all other types of verification attempted have failed.
d. HCS will obtain verifications from previous landlords to verify the applicant's ability to pay
rent and comply with the lease terms, and will perform criminal background (not including
juvenile records) and sex offender registration checks on applicants and household
members 18 years of age and older.
e. HCS will conduct such checks on household members who are younger than 18 years if
they are being tried as adults for certain criminal offenses. If HCS discovers the
household has a history of failure to comply with lease terms under previous landlords or
fails the background check, such shall result in removal from the wait list, withdrawal of an
offer, or termination of assistance.
f. Prior to initial certification, applicants shall be informed that HCS will subsequently verify
the household's income information they have provided HCS.
g. An applicant's intentional misrepresentation of information related to eligibility, preference
for admission, housing history, allowances, household composition, income or rent
will result in rejection. Unintentional mistakes that do not confer any advantage to the
applicant will not be considered misrepresentations.
h. Uncollected child support will not be counted as income so long as the household
provides court documents demonstrating that the debt is uncollectible or has not been
paid or received as directed by the Court for more than three(3) months.
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i. Income from seasonal employment (i.e. school board employees, teachers, etc.) may
be calculated using one of the following methods:
• Annualize income by projecting the current monthly income for 12 months even if the
current income is not expected to last the entire 12 months. Under this method, the
household has the right to come in for an interim re-examination once the income
decreases.
• Calculate average income based on anticipated changes for the upcoming year using
verified historical evidence of past income fluctuations. This second method would not
require an interim re-examination at the time income decreases since such decreases
would be averaged into the anticipated annual amount.
H. Screening Applicants for Admission
Any costs incurred to complete the application process and screening will be the
responsibility of HCS, except for those costs associated with the applicant providing the necessary
eligibility determination information.
1. All applicants shall be screened in accordance with HUD's regulations and with sound
management practices. Applicants must complete a self-certified form certifying their ability to
comply with essential provisions of the lease as summarized below:
• Pay rent and other charges (e.g. utility bills) as required by the lease in a timely manner;
• Care for and avoid damaging the unit and common areas;
• Use facilities and equipment in a reasonable way;
• Create no health, or safety hazards, and to report maintenance needs;
• Not interfering with the rights and peaceful enjoyment of others, and avoid
damaging the property of others;
• Not engaging in criminal activity that threatens the health, safety or right to peaceful
enjoyment of the premises by other residents or staff; and not engage in drug- related
criminal activity;and
• Comply with necessary and reasonable rules and program requirements of HUD and
HCS.
2. HCS will perform criminal background (not including juvenile records) and sex offender
registration checks for applicants and additions to households 18 years of age and older at
local and national levels. HCS will conduct such checks on household members who are
in l offenses.
years if they being criminal than 18 yea y are g tried as adults for certain cram
• The criminal background and sex offender registration check will be performed
nationwide. The nationwide sex offender registration check will be conducted online using
a database available atwww.nsopw.gov.
3. Prior to conducting any criminal (not including juvenile records) and sex offender registration
9 Y ( 9J
background checks, household members over 18 years of age, including the live-in aide,
must sign the Consent Form Authorizing Criminal Background Records. The custodial parent
will sign the required form for the minor. HCS will conduct such checks on household
members who are younger than 18 years if they are being tried as adults for certain criminal
offenses.
I. Ability to Comply with Financial Obligations and Lease Requirements
1. Each applicant's ability and willingness to comply with the essential lease requirements will be
self-proclaimed. Applicant screening shall assess the conduct of the applicant and other
household members listed on the application, in present and prior housing.
2. In verifying the applicant's ability to meet financial obligations, especially rent (for
subsidized housing), HCS may perform verifications with at least one prior landlord. At the
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interview, applicants must provide current and prior addresses, as well as current and prior
landlords'contact information.
3. The applicants' conduct and behavior history must demonstrate that the applicant
household can reasonably be expected not to:
a. Interfere with other residents in such a manner as to diminish their peaceful enjoyment of
the premises by adversely affecting their health, safety, or welfare;
b. Adversely affect the physical environment or financial stability of the project; and
c. Violate the terms and conditions of the lease.
4. HCS may verify applicants' record of disturbance of neighbors, destruction of property or living
and housekeeping habits at prior residences that may adversely affect the health, safety or
welfare of other tenants or cause damage to the unit or development.
5. Payment of funds owed to the City is part of the screening evaluation. HCS will reject an
applicant household for unpaid balances owed to the City by any member of the applicant
household, or for money paid to an owner by HCS, until the unpaid balance is paid in full.
6. HCS' examination of relevant information regarding past and current habits or practices will
include, but is not limited to, an assessment of the applicant and each household
members':
a. Past performance in meeting financial obligations, especially rent and utility bills. If
the applicant had difficulty meeting financial obligations, HCS may consider mitigating
circumstances.
b. Record of disturbance of neighbors (sufficient to warrant a police call), destruction of
property, or living or housekeeping habits that may adversely affect the health,
safety, or welfare of other tenants or neighbors.
c. History of criminal activity on the part of any applicant household member involving
crimes of physical violence to people or property, or other criminal acts including drug-
related criminal activity that would adversely affect the health, safety, or welfare of other
residents or staff or cause damage to the unit or development.
d. A record of eviction of any household member from subsidized housing or involuntary
termination from residential assistance programs (taking into account date and
circumstances)for a period of five(5)years from end of participation.
e. An applicant's ability and willingness to comply with the terms of the HCS' lease.
7. An applicant's intentional misrepresentation of information related to eligibility, preference
for admission, housing history, allowances, household composition or rent will result in
rejection. Unintentional mistakes that do not confer any advantage to the applicant will
not be considered misrepresentations.
J. Denial of Assistance
1. Eviction or Termination from Federally-Assisted Housing. HCS shall deny assistance if any
household member has been evicted from subsidized housing or experienced involuntary
termination from residential assistance programs (taking into account date and
circumstances) for a period of five (5) years from end of participation.
2. Monies Owed. If the applicant had difficulty meeting financial obligations, HCS may consider
mitigating circumstances. If the applicant or any member of the applicant household currently
owes rent or other amounts to the City, he/she will not be offered assistance until the
outstanding balance is paid in full.
3. Abusive Behavior. If the applicant or any member of the applicant household has engaged in
physical or verbal abuse, or threatened abusive or violent behavior including, but not limited
to, the use, attempted use, or threatened use of physical force, toward City personnel or
any other official within five (5) years of eligibility determination.
4. Criminal Activity. The following will be considered:
a. HCS may deny admission when the screening process shows a pattern of arrests for
engaging in criminal activity within the last ten (10) years, poor past performance in
P age 20 of 64
meeting financial obligations, especially rent (for subsidized housing), and history of
inability to comply with the terms of previous leases, as verified by previous landlords
or other entities. However, HCS may consider mitigating circumstances.
b. An arrest where the criminal charges are dropped, nolle prossed, dismissed no
action, or other resolution that does not involve an admission of guilt or where the
applicant is found not guilty or acquitted may not result in denied assistance, except for
cases specified below.
c. HCS may propose to deny assistance in the following instances when the applicant has
engaged in criminal activity, regardless of whether or not the person has been arrested or
convicted.
1) Ten (10) years from date of arrest for the following Criminal Activities:
a) Drug-related offenses including, but not limited to, eviction or termination from
federally- assisted housing.
b) Violent criminal activities shall include 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, non-trivial bodily injury or
property damage.
c) Non-violent criminal activities that may threaten the health, safety or right to
peaceful enjoyment of the premises by other residents. Examples are crimes that
involve disturbing the peace, crimes against the property such as burglary,
larceny and robbery, and crimes that impose a financial cost such as vandalism,
bribery and fraud, including fraud in connection with federally-assisted housing.
d) Alcohol abuse or pattern of abuse, if HCS has reasonable cause to believe that the
person's abuse or pattern of abuse of Alcohol may interfere with the health,
safety, or right to peaceful enjoyment of the premises by other residents.
e) In determining denial of assistance related to drug or Alcohol abuse, HCS must
take into consideration: Evidence of drug or Alcohol rehabilitation and if the drug
or Alcohol abuse is related to a disability, as determined by HCS's ADA
Coordinator.
2) Permanently:
a) Methamphetamine manufacturers on premises of federally-assisted housing.
b) Sex offenders subject to a lifetime registration under a state sex offender
registration program. In searching for sex offenders, HCS will perform
background checks nationwide. The nationwide sex offender registration
check will be conducted online using a database available at www.nsopw.gov_.
c) Violent criminal activities, including but not limited to murder, arson,
aggravated felony battery and sex-related crimes not subject to lifetime
registration under a state sex offender registration program.
5. Other Non-Criminal Activities. Assistance will be denied for a period of five (5) years for
inability to comply with the lease terms (e.g., record of disturbance of neighbors, destruction
of property, living and housekeeping habits) that may adversely affect the health, safety or
welfare of other tenants or cause damage to the unit or development.
6. Notification of Proposed Rejection. HCS must notify the household of the proposed rejection,
the reason for the denial of admission, and provide an opportunity to dispute the accuracy
and relevance of the record. If the denial is because of criminal background, HCS must
provide the household member with copy of the criminal records, upon request. Criminal
records (not including juvenile records) for minors convicted as adults available to HCS by
operation of law will be released to the head of household, parent or legal guardian of the
minor, upon request.
K. Applicants and Residents Claiming Mitigating Circumstances
1. If negative information is received about an applicant or resident, HCS shall consider the time,
nature, and extent of the conduct and factors that may indicate a reasonable probability of
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favorable future conduct. To be considered, mitigating circumstances must be verifiable.
2. Mitigating circumstances are facts relating to negative rental history or behavior, that, when
verified, indicate: (a) the reason for the unsuitable rental history and/or behavior; and (b) that
the reason for the unsuitable rental history and behavior is no longer in effect or is under
control, justifying admission or continued occupancy. Mitigating circumstances would
overcome or outweigh information gathered in the screening process.
3. If the applicant or resident asserts that mitigating circumstances relate to a change in
disability, medical condition or treatment, HCS may refer such information to HCS's ADA
Coordinator to evaluate the evidence and verify the mitigating circumstance. HCS shall also
have the right to request further information to verify the mitigating circumstance. Such
inquiries will be limited to the information necessary to verify the mitigating circumstances
or, in the case of a person with disabilities, to verify a reasonable accommodation which will
be used by HCS as the source document to process reasonable accommodation requests.
4. In its decision to deny assistance, HCS may consider the seriousness of the case, and the
effect of denial of assistance on other household members who were not involved in the action
or failure to act. If HCS admits such a household to the program, it may impose, as a
condition of assistance, the requirement that household members (other than the head of
household) who participated in or were culpable for the action or failure to act will not reside in
the assisted unit.
5. Ineligibility due to an ongoing open criminal case is not appealable and an informal
hearing will not be scheduled until final disposition (closure of the case), unless the
household member with the criminal case is removed from the application.
6. The factors below will be taken into consideration, as well as any pattern of arrests for
engaging in criminal activity within the last ten (10) years. These factors are not the only
allowable mitigating circumstances. HCS will consider other mitigating circumstances as
appropriate. Providing documentation of mitigating circumstances as described below is the
responsibility of the household. It is incumbent upon the household to provide
documentation, evidence and any and all other third party proof at any time including, but
not limited, to the investigation interviews, appointments with the HCS staff, at the time of
the informal review or within the time limit set by HCS to provide substantiating information
challenging the recommendation to deny assistance.
a. Request to Remove Household Member. The applicant or resident may request
removal of the offending household member. If the offending household member(s)
is not removed, then the entire household shall be recommended for denial of
assistance from the Program. In circumstances where the offending household
member is the head of household, the entire household shall be recommended for
denial of assistance.
b. Non-Violent Charges Involving Firearms. Charges limited to the specific crime of
illegal possession or unlawful display of firearm shall constitute a violation.
c. Prior Criminal History. In cases of multiple prior charges of one or more household
members where the disposition of the cases was dropped, nolle prosse, no action, not
guilty, acquitted, dismissed or not prosecuted by the court or State Attorney's Office,
the HCS or its authorized representative may take both the household and
individual household member's history and/or outcome into consideration at arriving at
a final determination whether to deny assistance.
d. Violation of Peaceful Enjoyment. HCS may consider all circumstances relevant to a
particular case, such as the seriousness of the offending action, the extent of
participation by the head of household or household member(s) in the offending
activity and the extent to which the head of household or household member(s) has
shown personal responsibility to prevent or mitigate the offending action. HCS may
require a household to exclude a household member in order to receive housing
assistance, where that household member has participated in or been culpable for
the action or failure to act that warrants denial of assistance.
e. Substance Abuse Rehabilitation. Upon determination by HCS to recommend denial of
assistance for illegal drug use or a pattern of illegal drug. use by a household
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member who is no longer engaging in such use, or for abuse or a pattern of abuse of
a Icohol by a household member who is no longer engaging in such abuse, may
consider whether such household member was remanded by the court and is
participating in or has successfully completed a supervised drug or alcohol
rehabilitation program, or has otherwise been rehabilitated successfully. For this
purpose, HCS shall require the applicant or resident to submit evidence of the
household member's current participation in, or successful completion of, a
supervised drug or alcohol rehabilitation program or evidence of otherwise having
been rehabilitated successfully.
f. Domestic Violence. HCS or its authorized representative will allow the perpetrator of the
domestic violence, dating violence, or stalking to be removed from the household at
the request of the household member who is the victim.
7. Examples of mitigating circumstances may include:
a. If the unit is not ready for move-in, the applicant or resident may refuse the unit and
receive another housing offer based on availability;
b. Evidence of successful rehabilitation. The household member who engaged in drug-
related criminal activity or alcohol abuse has successfully completed a supervised drug
or alcohol rehabilitation program verified by HCS;
c. Circumstances leading to the eviction or criminal activity no longer exist (for
example, the criminal household member has died or is imprisoned);
d. Evidence of the household's participation in social service or other appropriate
counseling service;or
e. Evidence of successful and sustained modification of previous disqualifying behavior.
8. Consideration of mitigating circumstances does not guarantee that the household will qualify
for admission or continued occupancy. HCS will consider such circumstances in light of:
a. The ability to provide documentation/evidence to verify the mitigating circumstances and
prospects for improved future behavior;
b. The overall performance with respect to all the screening requirements; and
c. The nature and seriousness of the criminal activity, especially drug-related and
criminal activity,that appears in the applicant's or resident's record.
L. Qualified and Unqualified Applicants
1. Verified information will be analyzed and a determination made with respect to:
• Eligibility of the applicant as a household;
• Eligibility of the applicant with respect to income limits for admission;
• Eligibility of the applicant with respect to citizenship or eligible immigration status;
• Eligibility of the applicant with respect to disclosure of Social Security Number for each
household member;
• Unit size required; and
• Qualification of the applicant with respect to the selection criteria.
2. Applicants who failed to respond to a notice for eligibility screening, or do not cooperate with
HCS in providing all required information, will be notified in writing that he/she has been
removed from the wait list. The applicant may request an informal review within thirty (30)
days of the notice.
3. The applicant shall be provided an opportunity for an informal review if requested within thirty
(30)days from the date of the notice.
4. Eligible applicants, who have a disability, but fail to meet the applicant selection criteria
detailed herein, will be offered an opportunity to submit documentation in support of their
claims that mitigating circumstances related to disabilities or reasonable accommodations will
make it possible for them to be housed in accordance with the screening procedures.
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M. Occupancy Guidelines
This policy maintains the
Units shall be occupied by households of the appropriate size. Th s po c
P Y Y
usefulness of the units, while preserving them from excessive wear and tear and under-
utilization.
Minimum and Maximum-Number-of-Persons-Per Unit Standard
#of Bedrooms Minimum Persons p/Unit ! Maximum Persons p/Unit
0 1 2 related persons
1 1 3
2 2 4
3 3 6
Occupancy standards are applied at the initial certification, annual recertification or during
authorization for change of dwelling. For occupancy standards an adult is a person 18 years or
older.
1. Two (2) persons per bedroom will be the standard for the smallest unit a household may be
offered.
2. A single person household shall be allocated a zero (0) or one (1) bedroom unit, and
spousal/domestic partners a one(1)bedroom unit.
3. The unit standard must be applied consistently for all families of like size and composition.
4. The following principles govern the size of unit for which a household will qualify. Generally,
two (2) persons are expected to share one (1) bedroom, except that units will be so
assigned that:
a. Exceptions to the largest permissible unit size may be made in case of reasonable
accommodations for a person with disabilities;
b. In determining household unit size for a particular household, HCS may grant an exception
to its established unit standards if HCS determines that the exception is justified by the age,
sex, health, handicap, or relationship of household members or other personal
circumstances;
c. The dwelling unit must have at least one (1) bedroom or living/sleeping room for each
two (2) persons. Children of opposite sex, over the age of six (6), may not be required to
occupy the same bedroom or living/sleeping room;
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d. A household that consists solely of a pregnant woman (with no other members) shall
only be allocated a maximum of a one (1) bedroom unit. HCS will count a child in the
occupancy standard if the parent has primary custody of the child;
e. A one-person household member with joint custody of a child/children but does not have
primary custody will be granted a one(1)bedroom unit;
f. HCS will count a child in the occupancy standard who is temporarily away from the home
because the child has been placed in foster care, kinship care, or is away at school.
g. A single head of household parent shall not be required to share a bedroom with
his/her child over the age of six (6), although they may do so at the request of the
household;
h. A live-in aide may be assigned up to one (1) bedroom if approved as a reasonable
accommodation. The live-in aide may have HCS-approved household member(s) live
with him/her in the unit, as long as the occupancy standards are not violated. If
additional household members result in violation of occupancy standards, or do not meet
eligibility requirements set forth for live-in aides, this specific live-in aide may not be
approved. No additional bedrooms will be provided to accommodate the live-in aide's
household members;
i. The HCS will issue a zero(0)or one(1)bedroom unit to a single person; and
j. As a reasonable accommodation, an applicant or program participant household may be
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allowed a larger bedroom unit to accommodate a household member who requires a
hospital bed or other large medical equipment. The equipment must be substantial in size
and must be verifiable by a medical doctor as medically necessary in order to justify
approval of a larger unit. In addition, the applicant or participant will be required to
submit evidence of equipment specifications including but not limited to detailed
description of equipment to include dimensions, photographs of equipment, etc.
5. Actual Unit Size Offered. The following factors will be considered:
a. Individual housing units with very small or very large bedrooms or other specific
situations that inhibit or encourage lower or higher levels of occupancy may be
permitted to establish lower or higher occupancy levels so long as the occupancy levels
shall not discriminate on the basis of familial status. The largest unit size that a household
may be offered would provide no more than one (1) bedroom per household member,
taking into account household size and composition.
b. If a household opts for a smaller unit size than designated and does not exceed the
maximum amount of people per bedroom size (two (2) persons per bedroom) and local
codes, the household will be required to sign a statement agreeing to occupy the smaller
unit assigned. They may not request a transfer within two (2) years after admission,
unless they have a change in household composition or because of a reasonable
accommodation.
c. When a household is offered a unit and they no longer qualify for the unit size they were
originally assigned, they will be reassigned to the appropriate bedroom size, retaining
their original ranking. This may mean that they may have to wait longer for a unit offer.
N. Record Maintenance
1. HCS will keep the resident's application for admission in the resident's file.
2. HCS will maintain records of the circumstances of each dwelling unit offered to an
applicant, including the location of the unit, the offer date, and whether the offer was
rejected or accepted.This information may be maintained electronically.
3. HCS will retain historical applicant and resident data.
4. Criminal record obtained by HCS must be:
a. maintained confidentially, unless otherwise subject to disclosure pursuant to the Public
Records' Laws, including, without limitation, Chapter 119, Florida Statutes;
b. not misused or improperly disseminated;and
C. Destroyed, once the purpose(s) for which the record was requested has been
accomplished, including expiration of the period for filing a challenge to the HCS
action.
III. Tenant Selection and Assignment Plan
A. Organizing the Wait List
It is HCS's policy that each applicant shall be assigned his/her appropriate place on the Wait List
in sequence based upon:
1. A neutral lottery system that determines the applicant's ranking on the wait list;
2. Local preferences; and
3. Type and size of unit needed according to household composition (e.g. general occupancy
building, elderly designated building, elderly and individuals with disability designated
buildings,accessible or non-accessible unit, number of bedrooms).
B. Removing Applicants from the Wait List
1. To ensure vacant units are filled in a timely manner, HCS will maintain an accurate wait list.
Page 25 of 64
While each applicant is responsible for keeping HCS apprised of changes in address,
telephone number, income or other circumstances, no applicant shall be removed from
the wait list except when one of the following situations occurs:
a. The applicant receives and accepts an offer of housing;
b. The applicant requests in writing to be removed from the wait list;
C. The applicant is rejected, either because he/she is ineligible for assisted housing during
the screening process or because he/she fails to meet the applicant selection criteria;
d. The application is withdrawn because: 1) HCS attempted to contact the applicant and
was unable to do so, 2) the applicant did not respond to the offer, 3) the applicant
does not accept an offer, or 4) the applicant does not re-schedule or attend the
scheduled leasing appointment, except for good cause;
e. In order to be eligible for reinstatement to the wait list as a reasonable accommodation,
applicant families who fail to respond to an offer must present the Reasonable
Accommodation Request and Verification Forms. Upon approval, such reinstatements
shall be to the applicant's former wait list position.
2. Families whose applications are withdrawn or rejected may reapply for housing when the
wait list is opened.
3. All rejected applicants are entitled to a written explanation for rejection and may request
an informal review, at which time they may present reasons why they should be reinstated to
the wait list.
C. Good Cause for Applicant Refusal of Unit Offer
If an applicant does not accept the unit and presents clear evidence ("good cause") that
acceptance of the offer of a suitable vacancy will result in undue hardship not related to
consideration of race, color, sex, intersexuality, religion, age, disability, national origin, ancestry,
marital or familial status, sexual orientation, gender identity, or source of income, the applicant will
be entitled to another offer.
1. Examples of"good cause"for refusal of an offer of housing are:
a. Inaccessibility to source of employment, education, or job training, children's day care,
or educational program for children with disabilities, so that accepting the unit offer would
require the adult household member to quit a job, drop out of an educational
institution or job training program, or take a child out of day care or an educational
program for children with disabilities.
b. The household demonstrates that accepting the offer will place a household member's
life, health or safety in jeopardy. The household must provide specific and compelling
documentation such as restraining orders, other court orders, or risk assessments from
a law enforcement agency. Reasons offered must be specific to the household.
Refusals due to location alone do not qualify for this good cause exemption.
c. A health professional verifies temporary hospitalization or recovery from illness of the
principal household member, other household members (each as listed on final
application)or live-in aide necessary to the care of the principal household member.
d. The unit is inappropriate for the applicant's disability, or the household does not need the
accessible features in the unit offered and does not want to be subject to the 30-day notice
to move.
e. An elderly or disabled household makes the decision not to occupy or accept occupancy in
designated housing.
f. If good cause is verified, the refusal of the offer shall not require the applicant to be
removed from the wait list or otherwise affect the household's position on the wait list.
The applicant will receive another housing offer upon unit availability.
g. HCS will maintain a record of units offered, including location, date, and circumstances
of each offer, and each acceptance or refusal, including the reason for the refusal.
Page 26 of 64
D. Administering the Applicant Wait List
Applications for admission will be processed centrally. Initial intake, wait list management,
screening, and assignment of housing (including transfers) will be made by HCS.
IV. Leasing Policies
A. General Leasing Policy
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1. All units must be occupied pursuant to the HCS-approved dwelling lease that complies with
HUD's regulations.
2. The lease shall be signed by the head of household, spouse, domestic partner, co- head,
and all other adult members of the household and by the site manager or other authorized
HCS representative, prior to admission.
3. A deposit equivalent to one month's Rent shall be paid in cash, money order or cashier's
check during the signing of the lease agreement.
4. New Residents will be assigned a move-in date, corresponding with the Commencement date
of the lease, during working hours and excluding legal holidays.
5. If a resident transfers from one HCS unit to another, a new lease must be executed by the
head household for the new dwelling unit.
6. If at any time during the life of the lease agreement, a change in the resident's status
results in the need for changing or amending any provision of the lease, either:
a. A new lease agreement will be executed, or
b. A Notice of Rent Adjustment will be executed, or
c. An appropriate rider will be prepared and made a part of the existing lease.
7. All copies of such riders or insertions are to be dated and signed by the resident and by the
site manager or other authorized HCS representative.
8. Residents must advise HCS if they will be absent from the unit for more than seven (7)
consecutive days. Residents shall notify the site manager in writing, secure the unit, and
provide a means for HCS to contact the resident in an emergency.
B. Showing Units Prior to Leasing
1. Upon receipt of offer letter, the applicant contacts the site manager to schedule an
appointment to view the offered unit.
2. Once the unit is shown to an applicant and the applicant accepts the unit and all
required documentation is received, HCS or its representative will execute a lease. If the
applicant refuses the unit, applicant will sign a statement in which they state the reason
for refusal. HCS should obtain this statement from each applicant who refuses a unit.
HCS is responsible for making the"good cause"determination.
3. No lease will have an effective date before the unit is ready for occupancy.
C. Changes in the Household and Visitors
1. Only those people listed on the most recent certification form and lease shall be
permitted to occupy a dwelling unit:
a. Except for natural births to, or adoptions by, household members, or court-awarded
custody or other operation of law, any household seeking to add a new member must
request approval in writing in advance (Household members being added to the
household composition must meet eligibility criteria.);
b. When a resident requests approval to add a new person to the lease, HCS will conduct
pre-admission screening, including criminal background (excluding juvenile records),
eligible immigration status, and sex offender registration checks, of any proposed new
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member 18 years of age and over, to determine whether the HCS will grant such
approval. HCS will conduct such checks on household members who are younger than
18 years if they are being tried as adults for certain criminal offenses. Minor children for
whom juvenile justice records are not made available or added through a formal custody
award or kinship care arrangement are exempt from the pre-admission screening process,
although the resident needs prior approval from HCS to add children other than those
born to, adopted by, or awarded by the court to the household;
C. All persons listed on the most recent certification form and the lease must use the
dwelling unit as their sole residence. In cases of joint custody, where the families have
50-50 custody, the child shall live with both families as required by the court; however,
the families must decide amongst themselves, and notify HCS, as to under which
household lease the child shall be listed for reporting purposes.
2. Examples of situations where the addition of a household or household member is subject to
screening are:
a. Resident plans to be married or live with his/her domestic partner and requests to add the
new spouse/domestic partner to the lease;
b. Resident desires to add a new household member to the lease, employ a live-in aide, or
take in a foster child(ren) over the age for which juvenile justice records are available;
c. A unit is occupied by a remaining household member(s) under age 18, who is not an
emancipated minor, and an adult, not a part of the original household, requests
permission to take over as the head of the household.
3. Residents who fail to notify HCS of additions to the household or permit people to join the
household without undergoing screening are in violation of the lease. People added without
HCS approval will be considered unauthorized occupants and the entire household will be
subject to eviction.
4. Visitors may be permitted in a dwelling unit so long as they have no previous history of
unacceptable or negative behavior on HCS premises that would be a lease violation.
a. Visits in excess of fourteen (14) days per year, whether or not consecutive, are not
permitted, unless the resident obtains the advance written consent of the Department
Director or designee.
b. Visitors remaining beyond this period shall be considered unauthorized occupants and
the head of the household shall be guilty of a breach of the Lease.
c. Only the persons listed in the lease are authorized to use the unit's address in their
driver's license, identification card, or as their mailing address.
5. Roomers and lodgers shall not be permitted to move in with any household. Violation of this
provision is ground for termination of the lease.
6. Residents will not permit a former resident of HCS who has been terminated to occupy the unit
for any period of time. Violation of this requirement is grounds for termination of the lease. If
the resident requests that the former resident be allowed to return, HCS may consider this
request based on mitigating circumstances.
7. Removals from the Household Composition as follows:
a. Residents(continuous assistance):
i. Any adult household member, including the head of household, requesting to be
removed from the household composition must provide a notarized statement
agreeing to the removal, signed by the adult household member and the head of
household.
ii. The notarized statement must be accompanied by two (2) pieces of supporting
documentation from different sources showing that the household member is no
longer residing in the subsidized unit. Supporting documentation to prove another
residency may include, but is not limited to, a copy of the dwelling lease agreement,
utility bills, or official mail (from a Federal, State, County or City government
agency) properly dated (no more than two (2) months old), showing the new address.
HCS may request additional documentation to verify the permanent relocation of
the household member requesting removal.
iii. If the adult household member is unable to provide the notarized statement agreeing to
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removal from the household composition, the head of household must provide a
written statement explaining the reason why the household member is unable to
provide the statement and the supporting documentation (e.g. death certificate, jail
order).
iv. For removal of minors, the head of household must provide a signed notarized
statement accompanied by supporting documentation showing that the minor is no
longer residing in the subsidized unit. Supporting documentation to prove another
residency may include, but is not limited to, school records, custody records, etc.
properly dated (no more than two(2) months old), showing the new address.
b. Unauthorized Persons:
i. If HCS obtains sufficient evidence of unauthorized occupants or unauthorized users
of the subsidized unit's address (e.g. in their driver's license, identification card or as
mailing address), and the finding is denied by the head of household, the head of
household will be required to provide a written statement accompanied by two (2)
pieces of supporting documentation from different sources showing the residential
address of the unauthorized occupant or user. Supporting documentation to prove
another residency may include, but is not limited to, a copy of the dwelling lease
agreement, utility bills, or official mail (from a Federal, State, County of City
government agency properly dated (no more than two (2) months old,) showing
another address. The unauthorized person's driver's license or identification card may
not be used as valid proof of residential address.
8. Household members over the age 17 or emancipated minors who move from the dwelling
unit to establish new households shall be removed from the lease.
a. The resident shall report the move-out within thirty(30)calendar days of its occurrence.
b. Emancipated minors may not be readmitted to the unit and must apply as new
applicant households for placement on the wait list.
D. Requirements for Posting Policies, Rules and Regulations
The following documents shall be available in the wait area of every housing
development management office, and/or posted on a large bulletin board:
• Tenant Selection and Assignment Plan (included herein)
• Directory of all housing developments including names, perimeter streets, number of
units by bedroom size, number of units specifically designed for the elderly, addresses of
management offices and office hours
• Income limits
• Utility allowances
• Dwelling Lease form
• Current schedule of routine maintenance and other charges (included in Community
Policies)
• Grievance Procedures(included in MANUAL and Community Policies)
• Fair Housing poster
• "Equal Opportunity in Employment is the Law"poster
• Resident oriented notices
• Emergency telephone numbers for after hours and weekends
• Reasonable Accommodation Policies and Procedures document
V. Tenant Responsibilities
A. Maintenance
1. Tenants and Authorized Residents are responsible to keep and maintain the residential
Page 29 of 64
units in good and sanitary condition and repair during the term of their tenancy, as stipulated in
their Residential lease agreement. It is the tenant's responsibility to replace air conditioning
filters on a monthly basis, replace lightbulbs, and smoke detector batteries as needed.
2. Tenants may purchase replacement batteries, lightbulbs and other available supplies
from HCS at cost.
3. Tenants and Authorized Residents are responsible for maintaining order in their unit and
in the common area, including laundry rooms, mail room, lobby, front porch, corridors,
stairways, alleyways, hallways, elevators, etc. Any damage to the common area in the Housing
Project can be considered a default of the ease, or possible termination.
4. Appliances in common areas such as laundry machines must be used appropriately and
kept clean and free of debris after each use.
5. Elevators must be kept free of dirt, food, stains or debris and must be cleaned any
spillage immediately.
6. Air conditioning closets must be kept free of dirt, debris, food. Closets may not be used
for storage purposes and cannot be obstructed.
7. Fire alarm panels, smoke detectors and fire extinguishers in Premises and throughout the
Housing Project may not be obstructed and must be free of any clutter.
8. Doors and windows must be kept free of dirt, food, stains or debris.
B. Work Orders and Repairs
1. Tenants are responsible for notifying Landlord of any operational or condition issues with
plumbing, fixtures, appliances, heating and cooling equipment or any other part of the Premises
or Housing Project. If any damages are caused as a result of the Tenant's negligence to report
the condition, it could result in a default of the lease agreement and the Tenant will incur the
cost of the repair.
2. Tenants may call HCS during office hours, Monday- Friday, 8:30 am- 5 pm at
305.673.7260. After hours calls can be placed at 786.785.0511.
3. A plumbing and/or air condition issue must be notified no later than 24 hours to HCS. If
tenants notify of a work order after normal office hours, it will be documented accordingly. If it is
an emergency, HCS will contact the appropriate vendor and repair as soon as possible. If the
repair is caused by negligence or misconduct on behalf of the Tenant, Authorized Residents, or
guests, the repair cost will be incurred by the responsible party and payment shall be made
within thirty (30) days.
4. If a key is lost, misplaced or if the Tenant or Authorized Resident is locked out of their
unit after working hours, the responsible party will incur the cost the replacement key fee.
C. Housing Project Rules
1. The mail area is intended for sending and receiving US Postal mail only. Unwanted
correspondence shall be discarded appropriately, without littering the common area.
2. Common areas such as the laundry room, mail room, front porch, corridors, stairways,
alleyways, hallways, elevators, etc. are for their intended purposes only.
3. Smoking is not permitted inside the Premises or in the common area of the Housing
Project. Failure to comply can result in a default of the lease, or possible termination.
4. Thermostat and cooling/heating equipment cannot be tampered, altered or damaged.
5. Common areas in the Housing Project cannot be used for storage purposes.
6. Balconies, terraces, catwalks, railings, docks are for their intended purposes only. In
some instances, balconies, terraces and railings are part of the historical façade of the Housing
Project and for decorative purposes only.
D. Schedule of Fees
1. Delinquent Rent: Rent is due on the 1st of the month. If Rent is delinquent for more than
five (5) days, Tenant shall pay Landlord a late charge of $25.00 ("Late Charge"), as additional
Rent.
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2. Default Interest, or Per Annum Fee: if Rent is delinquent for more than fifteen (15) days,
said delinquent Rent payment shall accrue interest in an amount equal to the lesser of the
highest rate permitted by law or interest at the rate of twelve percent (12%) per annum ("Default
Interest"), as additional Rent, until paid, which shall be in addition to and not in lieu of the Late
Charge or any other remedy available to Landlord.
3. Returned Checks. In addition to any Late Charge or Default Interest which may accrue
under this lease agreement, in the event that any payment by Tenant is dishonored due to
insufficient funds ("NSF"), a "stop payment" request, or any other reason, Tenant shall pay
Landlord a return check fee in the amount of$25.00 ("Returned Check Fee")
4. Replacement Unit Key: If a unit key is lost, misplaced, destroyed or altered, Tenant will
incur the cost of $50.00. If a key is stolen, a police report must be provided as acceptable
documentation.
5. Replacement Mailbox/ Dumpster Key: If a mailbox or dumpster key is lost, misplaced,
destroyed or altered, Tenant will incur the cost of$25.00. If a key is stolen, a police report must
be provided as acceptable documentation.
6. Replacement Front Door Key: If a front door key is lost, misplaced, destroyed or altered,
Tenant will incur the cost of $75.00. If a key is stolen, a police report must be provided as
acceptable documentation.
7. Pet Fee. Please see section on Service Animals. The pet fee associated with this section
is$200.00.
VI. Transfer Policy
A. General Transfer Policy
1. Transfers will be made without regard to race, color, national origin, sex, intersexuality,
religion, age, marital status, familial status, ancestry, disability, sexual orientation, gender
identity, or source of income.
2. Under certain circumstances, residents may be transferred to accommodate a disability.
3. Residents will not be transferred to a dwelling unit of equal size, except to alleviate
hardship or other undesirable conditions, as determined by the Department Director or
designee.
4. Whenever feasible, transfers will be made within the resident's development or the
resident's area.
5. Residents must be in good standing.
6. Residents have the right to request a hearing if they are refused the right to transfer or if HCS
is requiring them to transfer and they do not want to do so.
7. Resident's transfer requests will not be granted during the first year of tenancy, unless
approved as a reasonable accommodation.
B. Types of Transfers
HCS may encounter situations in which it is necessary to move residents from one unit to another.
1. Management-Initiated Transfers
a. Emergency Transfers: These transfers are required when conditions pose an immediate
threat to life, health or safety of a household or one of its members. Such situations
may involve, but are not limited to, unit or building defects or law enforcement concerns,
including special circumstances such as domestic violence cases, hate crimes, violence
or victimization,and participation in witness protection program.
• Emergency transfers shall take priority over new admissions.
• Transfers for special circumstances shall be documented (i.e. police reports,
support letters from law enforcement, restraining orders, etc.) and shall be
required for the immediate safety and welfare of the household. A special
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circumstance transfer shall be given the next available vacancy that is not in the same
project.
b. Occupancy Standards Transfers: These transfers are necessary to correct
underhoused or overhoused conditions and must be recommended by the site
manager upon annual or interim re-examinations, as required by changes in the
household composition, in accordance with the Occupancy Guidelines found in Chapter II.
These transfers shall take priority over new admissions and are limited to be made when:
• The underhoused (overcrowded) condition is such that the household members over
the age of six(6)equal more than two(2) persons per bedroom.
• The overhoused condition is such that the household size includes fewer people than
the number of bedrooms in the unit.
2. Resident-Initiated Transfers.
Reasonable Accommodation: Under certain circumstances, a resident's transfer request may be
granted to accommodate a disability as requested in writing to HCS.
• All Reasonable Accommodation transfers shall take priority over new admissions.
Transfers to accessible units will be done in accordance herein.
• Prior to this type of transfer, every effort shall be made to accommodate the needs of
disabled residents, including but not limited to, making necessary modifications to the
existing unit and providing other alternative forms of reasonable accommodation as
detailed in the Reasonable Accommodation Policies.
• Residents may be given a list of available units City-wide to select their top three choices.
The selection must be hand-delivered to the Applicant Leasing Center within five (5)
calendar days.
• Residents will receive a housing offer for the first unit chosen from the list. If the unit was
already offered,the second or third choice may be considered.
• The unit will be offered to the first eligible resident who responds with an acceptance,
based on date and time of acceptance.
• If the resident fails to respond or accept one of the available units, he/she will be
removed from the transfer list.
C. Processing Transfers
A centralized transfer wait list will be administered by HCS. A household that opted to reside in a
smaller unit size than would normally be assigned under the largest unit size standard will be
eligible for a transfer two (2) years after admission, unless they have a change in household size
or composition.
1. All transfers must be approved by the Department Director or designee, before HCS admits
them into the transfer wait list.
2. Transfers to provide reasonable accommodation recommended for denial by the Department
director or designee must be reviewed by the Department Director and City Manager in
accordance with HCS's Reasonable Accommodation Process included herein.
3. Transfers will be made in the following order of priority:
1. Emergency
2. Reasonable Accommodation
3. Occupancy Standards
4. Transfers to Uniform Federal Accessibility Standard (UFAS) Units
a. Transfers of residents with disabilities and placement of applicants with disabilities
requiring UFAS Accessible Units, or units with accessible features, will be centrally
coordinated through HCS.
b. When an accessible unit becomes available, the unit will first be offered to a current
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resident with disabilities in the same development who requires the accessibility
features of the vacant, accessible unit and occupying a unit not having those features.
c. If there is no current resident in the same development who requires the accessibility
features of the vacant, accessible unit, then the unit will be offered to a resident with
disabilities residing in another development that requires the accessibility features of
the unit.
d. If there is no current resident who requires the accessibility features of the vacant,
accessible unit, then the unit will be offered to an eligible, qualified applicant with
disabilities on the wait list who can benefit from the a ccessible features of the unit.
e. If there is not an eligible, qualified resident or applicant with disabilities on the
wait list who wishes to reside in the available, accessible unit, then it will be offered
to an applicant on the wait list who does not need the accessible features of the unit. HCS
requires residents to relocate to a vacant, non-accessible unit within thirty (30) days of
notice by HCS if there is an eligible applicant or existing resident with disabilities who
requires the accessibility features of the unit.
5. When a head of a household, originally housed in a bedroom by him/herself, has
adopted or has plans to adopt a child, the household will not be approved for a transfer until
the child is six (6) years of age. Exceptions: spouse, co-head, or partner returns to the unit,
marriage takes place, or household decides to remain in the unit and the unit is large
enough (using the smallest-unit standard) to accommodate the number of people now in the
household.
6. Split-household transfers are not permitted. Separation of households will be processed as
follows:
a. Resident-Initiated Separation of Households: Families that decide to separate because of
divorce or inability to live under the same roof must identify the household member(s)
who are willing to establish a new household. Such person may submit an application to
be placed on the wait list during open registration periods. The household member(s) who
will be leaving the unit must do so within thirty (30) days of notification by HCS.
The remaining household member(s) may also be required to transfer to a smaller unit
if the unit becomes under-occupied after one household moves out and there exist
families on the wait list for that size unit. Whenever a household cannot agree on which
household member(s) shall remain in the unit, HCS will rely on other forms of
documentation, i.e. in cases of divorce case HCS will rely on the court decree, if available.
b. If upon recertification, HCS finds that a household composition has grown beyond the
maximum bedroom size unit available in HCS, whether the household was transferred or
not to the maximum sized bedroom unit, the household must identify member(s) who are
willing to establish a new household. Such party may submit an application for housing
assistance during the open registration period. The household member(s) who are
leaving the unit must do so within thirty (30) days of notification by HCS. The
remaining household members may also be required to transfer to a smaller unit if the
unit becomes under-occupied and there exist families on the wait list for that size unit.
c. HCS may transfer a household to a larger unit in order to accommodate the addition of
household members by birth. However, in order to maximize the use of scarce affordable
housing and in consideration of applicants on the wait list, transfers of families to separate
units are not allowed.
7. The site managers must provide residents who wish to initiate a Reasonable
Accommodation transfer with the necessary forms, which include the Authorization to
Release Information, Reasonable Accommodation Request, and Reasonable
Accommodation Verification, in accordance with the Reasonable Accommodation Policies
and Procedures, (Appendix I).
8. When a resident is allowed to transfer, the resident's name is placed on the transfer wait
list and will be given written notice to this effect.
9. All exceptions and consideration of mitigating circumstances must be approved by the HCS
Director or designee.
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D. Administrative Requirements
1. All residents approved for transfers must have a current rent account with no outstanding
balance and must leave the unit in a satisfactory condition. Requests for exceptions to this
requirement based on disability or domestic violence will be considered.
2. A household who has been approved for a transfer will be made one(1)offer of an
appropriate size unit. If the household rejects the offer, a second offer can be made only for
good cause(see III (C)for definition).
3. Once a transfer assignment is made, the resident is required to move within thirty(30)days of
being notified, or may face eviction proceedings in accordance to HCS's lease.
4. Residents will bear the cost of transfers to correct occupancy standards. However, where
there is a hardship due to health or other factors, the site manager may recommend that
families be reimbursed for out-of-pocket expenses for an occupancy standards transfer in an
amount not to exceed a reasonable moving allowance established by HCS. Residents who
seek reimbursement must provide proof of their out-of-pocket expenses to HCS, i.e. receipts.
The Department Director or designee must approve the expense.
5. Costs associated with transfers that are mandated by HCS (except occupancy standards)
and transfers for reasonable accommodation will be paid in accordance with the Reasonable
Accommodation Policies and Procedures(Appendix I of this Manual).
E. Good Record Requirement for Transfers
1. In general, and in all cases of all resident-requested transfers, residents will be
considered for transfers only if the head of household and any other household members:
a. Have not engaged in criminal activity that threatens the health and safety of
residents and staff;
b. Do not owe back rent or other charges;
c. Meet reasonable housekeeping standards and have no housekeeping lease
violations;and
d. Can have utilities turned on in the name of the head of household (applicable only to
properties with tenant-paid utilities).
2. Absent a determination of exception, the following policy applies to transfers:
a. If back rent is owed, the resident will not be transferred until a payment plan is
established or, if prior payment plans have failed, the back rent is paid in full.
b. A resident with housekeeping standards violations will not be transferred until
he/she passes a follow-up housekeeping inspection.
c. The resident must be in good standing and in compliance with the Lease and
Community Policies.
F. Relocation
1. Temporary Relocation: Residents who are required to temporarily relocate to permit
rehabilitation of their units must be provided with:
a. Written notice of the dates and duration of the temporary relocation at least thirty (30) days
prior;
b. Information on alternative housing available; and
c. Reimbursement for all reasonable out-of-pocket expenses, including the cost of
moving to and from the temporary housing and any increase in monthly rent/utilities costs,
upon presentation of acceptable receipts.
2. Permanent Relocation: Residents of City-owned affordable housing units which are
dilapidated, unsafe, and/or in substantial disrepair as determined by HCS for which there are no
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I
immediate reconstruction plans, may be relocated to comparable vacant housing units of
their choice, based on availability. The impacted residents will not be considered part of the
housing transfer wait list and will be provided with:
a. Applicable meeting(s) to inform of available or potentially available alternative
housing which may include new acquisition(s)of housing units.
b. Written Information on alternative housing which may include new acquisition(s) of
housing units that may be under HUD-approval process.
c. Written notice of the date of relocation and other requirements in accordance with
the Uniform Relocation Act(URA), if applicable.
d. Reimbursement of reasonable out-of-pocket expenses, including moving expenses,
upon presentation of acceptable receipts.
e. After all affected residents have been permanently relocated; any remaining vacant units
in a new acquisition development may be filled from the transfer list or wait list.
VII. Eligibility for Continued Occupancy, Annual Reexaminations and
Remaining Household Members
A. Eligibility for Continued Occupancy
Residents who meet the following criteria will be eligible for continued occupancy.
Residents not in compliance with the criteria are subject to lease termination and eviction:
1. Qualify as a"Household" as defined herein.
2. Are in full compliance with the resident obligations and responsibilities as described in the
dwelling lease.
3. Whose household members each have Social Security numbers or have certifications on file
indicating they have no Social Security number.
4. Who meet HUD standards on citizenship or immigration status or are paying a pro-rated rent.
B. Remaining Household Members and Prior Debt
1. To be considered the remaining member of the household, the person(s) remaining must
meet all eligibility requirements.
2. Remaining household members age 18 years or older will be held responsible for
arrearages incurred by the former head of household, co-head of household, or spouse.
HCS will not hold remaining household members (other than the head, co-head, or spouse)
responsible for any portion of the arrearage incurred before the remaining member attained
age 18.
3. A live-in aide or foster child/adult, by definition, is not a member of the household and will
not be qualified for continued occupancy as a remaining household member.
C. Annual Recertification
Recertification is conducted annually by the tenancy anniversary. In order to have the
information available to adjust the rent, the initial request for re-certification will be started at
least 90 days before the scheduled effective re-certification date.
1. Regular Recertification: HCS shall, at least once a year, re-examine the household
composition and incomes of all resident families. Household incomes shall still be subject to
annual reexamination as will household composition. Criminal background checks may be
included as part of the recertification.
2. Special Recertification: When it is not possible to estimate household income accurately, a
temporary determination will be made with respect to income as documented through
invoices, payroll records, bank records and other accepted documentation.
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D. Recertification Procedures
1. At the time of recertification, all adult members of the household will be required to sign an
application for continued occupancy, and other forms required by HUD and HCS. If an adult
household member is temporarily away from the household and not available to sign the forms
at the time of the recertification, their status must be verified and they must sign and
notarize the required documents within 30 days.
2. Income, allowances, Social Security numbers, and such other data as is deemed
necessary will be verified, and all verified findings will be filed in the resident's file.
3. Verified information will be analyzed and a determination made with respect to:
a. Eligibility of the resident as a household or as the remaining member of a household;
9 Y
b. Unit size required for the household;
c. Rent the household should pay.
4. HCS will access criminal justice records (excluding juvenile records), including sex
offender registration checks of household members 18 years of age and over with the
purpose of determining continued assistance under the program, at regular recertification and
at any other time HCS deems it necessary. HCS will conduct such checks on household
members who are younger than 18 years if they are being tried as adults for certain criminal
offenses.
5. Residents with seasonal or part-time employment of a cyclical nature will be asked for third
party documentation of their employment including start and ending dates.
6. Income shall be computed in accordance with the definitions and procedures set forth in federal
regulations.
7. Families failing to respond to the initial annual recertification appointment will be issued a
second and final recertification appointment. Failure to respond to the final request will result in
the household being sent a notice of lease violation and referred to the HCS Director for
termination of the lease.
8. Recertification procedures also apply in the event residents are under the eviction or
termination process. The recertification is not an offer of extension of the lease agreement
and does not constitute a waiver of such eviction or termination proceeding.
9. Failure to Comply in Timely Manner or Non-Compliance:
a. A household's failure to comply with recertification requirements in providing all required
documentation and signatures on forms is grounds for termination of the lease.
b. The resident will reimburse HCS for the difference in rent if it is found that the resident
failed to timely report any changes in income or household composition or provided
inaccurate,or incomplete information.
E. Income Verification and Third Party Verification
1. Accurate determination of income eligibility, allowances, and household rent can occur only if
all factors related to income and household circumstances are verified.
2. Tenants have the right to dispute information obtained; however, such information will only
be provided to the tenant if requested.
3. In cases where income data is substantially different than tenant-reported income, HCS will
utilize the following guidelines:
a. Request written third party verification from the discrepant income source. For Social
Security Administration (SSA) benefit discrepancies, HCS shall require the tenant to
obtain a current unaltered SSA benefit letter within ten (10) business days of the interview
date.
b. Review historical income data for patterns of employment, paid benefits, and/or
receipt of other income, when HCS cannot readily anticipate income, such as
unstable working hours, and suspected fraud. For calculating income in cases of
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seasonal employment (i.e. school board employees, teachers, etc.), see Chapter II,
Section G or Chapter XI, Section A.
c. Analyze all data (third party verification and other documents/information provided by the
household)and attempt to resolve the income discrepancy.
d. Use the most current verified income data (and historical income data if appropriate) to
calculate anticipated annual income.
4. HCS may recommend terminating assistance for fraud as opposed to tenant error. Fraud
includes, but is not limited to, forgery and pattern of unreported or under reported income. In
verified differences of $10,000 or more and when fraud has occurred, HCS may refer the
case to OIG or any other law enforcement organization with jurisdiction to investigate and
prosecute fraud in assisted housing, prior to commencement of the eviction process.
F. Action Following Recertification
1. If there is a change in rent, it will be noted in the new lease and the tenant will be advised at
the time of the new lease's execution.
2. If there is a change in the household composition, a lease addendum or new lease, as
applicable, shall b e executed by the head of household and the new household
members.
3. If any change in the unit size is required, the resident will be placed on a transfer list in
accordance with the transfer criteria described herein and moved to an appropriate unit when
one becomes available, subject to the requirements stipulated in the transfer policy section
and approved by the Department Director or designee,where required.
VIII. Lease Termination Procedures
A. General Process: Lease Termination
The lease may be terminated by HCS in compliance with HUD regulations and in accordance
with law.
The lease may be terminated by the resident no earlier than at the end of the first year by giving
thirty (30) days written notice and upon compliance with all applicable procedures to properly
vacate the unit and depart in good standing.
HCS shall have the right to terminate the Lease for failure by the resident to fulfill his/her
obligations set forth in the I ease agreement, based upon a material v i o l a t i o n or repeated
minor violation. The following causes for termination contained in the lease include but may not
be limited to:
1. Resident's failure to pay rent within five (5) days of the due date and default continues for
three (3) days, excluding Saturday, Sunday, and legal holidays, after delivery of written
demand by Landlord;
2. Upon providing resident with thirty (30) days written notice, indicating HCS's intention to
terminate the lease, for the following reasons:
a. Any drug-related criminal activity, violent criminal activity, or non-violent criminal activity,
whether on or off the premises, committed by the resident, any member of his/her
household, a guest or a person under the control of the resident, that threatens the
health, safety, or right to peaceful enjoyment of the premises by other residents or
employees of HCS. Any such criminal activity upon conviction, shall be cause for
termination of tenancy, and for eviction from the dwelling unit:
(1)Drug-related criminal activity includes, but is not limited to: illegal possession, illegal
manufacture, sale, distribution, use and/or possession with intent to manufacture, sell,
distribute or use a controlled substance;
(2)Violent criminal activity includes, but is not limited to: any criminal activity that has as
one (1) of its elements the use, attempted use, or threatened use of physical force
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substantial enough to cause, or be reasonably likely to cause, non-trivial bodily injury
or property damage;
(3)Non-violent criminal activity includes, but is not limited to: any activity that threatens the
health, safety, or right to peaceful enjoyment by the residents, employees of HCS or
any other City of Miami Beach official;
(4)An arrest where the criminal charges are dropped, dismissed no action, nolle prossed
or other resolution that does not involve an admission of guilt, or where the resident is
found not guilty or acquitted, may not result in termination of assistance except for cases
specified herein or when there is a pattern of repeated arrests within the last ten (10)
years that may threaten health, safety, or right to peaceful enjoyment by residents,
employees of HCS or any other City of Miami Beach personnel or official;
(5)A fugitive felon or parole violator after conviction of a crime or attempt to commit a
crime is considered a person that threatens the health, safety and right to peaceful
enjoyment of the premises by other residents or employees of HCS;
(6)As concerns juvenile household members under the age of 18, HCS will consider
criminal related activity only if they are being tried as adults for certain criminal
offenses or if the acts occur on HCS property;
b. a record of alcohol abuse or pattern of abuse, when the record or pattern of abuse
poses a direct threat to the health or safety of others shall be considered a violation of
the lease;
c. failure by the resident to report to any recertification interview or provide verification of
any information required by HCS within thirty (30) days from receipt of a written request
from HCS;
d. if HCS verifies that one of the household members is also participating in another
federally-assisted housing program and that they have not relinquished the assistance
within thirty (30) days from the date of the move-in; and the household member fails
to provide proof of the termination of the subsidized housing assistance within thirty
(30) days from receipt of a written request from HCS;
e. discovery of material false statements in connection with information provided at
application or recertification, or fraud committed by the resident in connection with any
federally-assisted housing program;
f. if the resident or any member of his/her household, a guest or a person under the
resident's control engages in the illegal use, or threatened use of or display of firearms,
fire bombs or other weapons on HCS property;
g. serious or repeated damage to the dwelling unit, creation of physical hazards in the
unit, common areas, grounds, or parking areas;
h. extremely poor living or housekeeping habits, including hoarding o r clutter, that cause
health and safety concerns or property damage;
i. the denial of service, disconnection or termination of utility services that the resident is
responsible for paying, and resident's failure to restore the utility service within thirty (30)
days from receipt of a written request from HCS;
Y on premises any fire the remises caused by carelessness, failure to supervise children or
unattended cooking;
k. if the resident, any member of his/her household, a guest or a person under the
resident's control threatens, obstructs or interferes with an HCS employee or any
government official conducting official business on or around the premises;
I. a subsequent or continued unreasonable disturbance;
m. Two or more repeated non-material defaults under the lease within twelve(12) months;
n. Resident's violation of applicable federal, state, or local laws; or
o. If any part of the premises is condemned by any governmental authority.
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•
B. Mitigating Circumstances
Prior to HCS's decision to send a notice terminating the lease, HCS shall consider all
circumstances relevant to a particular case, such as the seriousness of the offending action, the
extent of participation by the leaseholder in the offending action, the effects that the eviction
would have on household members not involved in the offending activity and the extent to which
the leaseholder has shown personal responsibility and has taken all reasonable steps to
prevent or mitigate the offending action. See Chapter II, Section K — Applicants and Residents
Claiming Mitigating Circumstance for additional details.
C. Notice Requirements
If the HCS proposes to terminate the lease, the termination of the lease shall be by Federal
and State law as follows or as may be amended in the future:
1. With respect to a termination relating to rent which is not paid within five (5) days from the due
date under the lease, HCS shall provide written notice of termination as required pursuant to
Florida Law and any other applicable laws;
2. With respect to non-material violations under the lease, HCS shall the resident with a 7-day
written notice to cure;
3. With respect to any termination of lease for a material breach of the lease (excluding the
payment of rent) or a non-material breach of the lease, HCS shall provide resident with a 30-day
written notice of termination; and
4. The notice of termination to the resident shall state the reasons for termination; shall inform
the resident of his/her right to make such reply, settlement, and/or request for a hearing in
accordance with the Grievance Policy, Chapter IX of this MANUAL.
D. Recordkeeping Requirements
In accordance to State of Florida records retention schedule, a written record of every
termination and/or eviction shall be maintained by HCS at its offices, and shall contain the
following information:
1. Name of resident, race and ethnicity, number and identification of unit occupied;
2. Date of the Notice of Lease Termination and any other state or local notices required, which
may be on the same form and run concurrently;
3. Specific reason(s) for the Notice(s), with section of the lease violated, and other facts
pertinent to the issuing of the Notice(s)described in detail;
4. Date and method of notifying resident; and
5. Summaries of any conferences held with resident including dates, names of conference
participants and conclusions.
Such records may be maintained electronically.
IX. Grievance Policy
When required by federal regulations, regarding HCS's action or failure to act having an
aggrieved adverse effect on the individual resident's rights, duties, welfare or status, the housing
applicant will be afforded informal reviews and aggrieved residents will be afforded informal
hearings.
A. Applicant's Informal Reviews
Applicants denied program participation or removed from the wait list shall be entitled to an
informal review conducted by HCS. Applicants will be notified of such determination in writing,
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generally at the time of their initial certification appointment.
The P rocess described in HCS's Reasonable Accommodation Policy and Procedures will be
followed for applicants denied reasonable accommodation requests. Further, this describes the
process that must be followed by designated HCS staff if he/she becomes aware during the
informal review that an applicant's ineligibility determination occurred because of the applicant's
disability.
It is an applicant's responsibility to notify HCS when there is a change in address.
1. Processing Removals:
a. An applicant who is determined ineligible for housing program benefits or removed for
failing to respond to notices, shall be notified in writing that his/her name will be removed
from the wait list unless he/she requests an informal review by contacting HCS within
thirty (30) days of the notice. Applicants whose mail is returned by the post office will be
automatically withdrawn from the wait list.
b. Applicants who have been removed from the wait list for failing to provide a Social Security
number or (bad debt, termination information, or disputed information of possible double
subsidy), may, request an informal review seeking reinstatement to his/her original place
on the wait list.
c. If HCS proposes to deny admission on the basis of a household member's criminal
record, the household may request an informal review. HCS will not attach a copy of the
criminal record with the denial notice to protect the household member's privacy.
However, HCS will provide the household member with the criminal record and the
head of household with a copy of the criminal record upon the household member's
request either before or at the informal review and provide an opportunity to dispute the
accuracy and relevance of that record. The applicant will have thirty (30) calendar days to
dispute the accuracy and relevance of the record in writing. If HCS does not receive
the dispute within the allotted time, the applicant will be denied participation and his/her
name removed from the wait list.
d. Once a wait list is closed, only applicants that have had an interruption in the eligibility
process may request an informal review. Applicants that have not been selected, did
not show to initial interview, or refused a unit without good cause will not be granted an
informal review once the wait list has been closed.
2. Requesting an informal review:
Applicants may request an informal review in writing to the address or fax number
indicated on the adverse action letter. The request must be made within thirty (30) days
from the date of the notice. HCS will schedule the review for the next available date within
thirty (30)days from receipt of request and forward written notification to the applicant.
3. Informal Review Procedures:
a. The informal review will be conducted by designated HCS staff that shall listen to
testimony or other evidence that the applicant may wish to present.
b. The informal review's decision will be made in writing within thirty (30) calendar days of
the review.
C. Ineligibility due to an ongoing open criminal case is not appealable and an informal
hearing will not be scheduled until final disposition (closure) of the case, unless the
household member with the criminal case is removed from the application.
d. The decision of the informal review shall be final. In extenuating circumstances, the HCS
Director or designee may review and modify the decision of an informal reviewer.
The informal review's decision, however, shall not abridge any other rights the applicants
have under law.
B. Resident's Procedure for Obtaining an Informal Hearing
1. Tenants who desire a hearing must submit a written request to the HCS's representative within
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ten (10) calendar days of receiving a notice of proposed adverse action. The written request
must specify:
a. The reason(s)for the grievance or content of HCS's proposed action; and
b. The action or relief sought.
HCS will schedule the hearing for the next available date within thirty (30) days from the
receipt of the request. The Reasonable Accommodation Process will be followed for residents
denied reasonable accommodation requests. Further, this document describes the process that
must be followed if the hearing panel becomes aware that the reason for the termination of
assistance or other adverse action occurred because of the resident's disability.
2. A hearing may be held via telephone conference in situations where a health condition or
portability prevents any of the parties from attending the hearing in person. Hearings held by
telephone conferences are not allowed simply for the convenience of any of the parties. Any
other reasons for telephone conference hearings shall be at the discretion of the HCS
Director.
3. The notice of termination to the resident shall state the reasons for termination; shall inform
the resident of his/her right to make such reply, settlement, and/or request for a hearing. If a
grievance is presented by the household, orally or in writing, to the main office or site
manager's office, the grievance may be discussed informally and settled without a hearing.
C. Applicability and Exclusions
The grievance procedure shall be applicable to all individual grievances, with the following
exceptions:
Any termination of tenancy or eviction that involves:
a. Any violent or drug-related criminal activity on or off HCS-owned, managed or
controlled housing, office,warehouse or other property;
b. Any criminal activity (including non-violent) that threatens the health, safety, or right to
peaceful enjoyment of the premises by other residents or employees of HCS; and
c. Any criminal activity that resulted in felony conviction of a household member.
D. Hearings
Tenants may request a hearing to dispute an HCS action. The Hearing shall consist of the HCS
Director's designee, the requesting tenant(s) and language interpreter, if necessary. The tenant
may present information and evidence in support of his/her position. The decision of the HCS
Director is final.
E. Hearing Process for Applicants and Residents
1. The parties may be represented by legal counsel or another person chosen as a
representative.
2. Prior to the hearing, the applicant or resident may examine and copy at his/her expense all
documents, records, and regulations of HCS that may be relevant to the hearing, unless
otherwise prohibited by law and in the event of hardship. In the event, HCS does not
provide the applicant or resident with a copy of his or her file prior to the hearing, HCS is
prohibited from relying on the contents of the file at the hearing as set forth in the federal
regulations.
3. If the applicant or resident fails to appear at a scheduled hearing, except for verifiable good
cause, the applicant or resident is in automatic default and the decision rendered by the HCS
Director shall be final.
4. At the hearing, the applicant or resident must first show entitlement to the relief sought.
Thereafter, HCS has the burden of justifying HCS's action, or failure to act, at which the
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complaint is directed.
5. Oral or documentary evidence pertinent to the facts and issues raised by the complainant
may be received without regard to admissibility under the rules of evidence applicable to
judicial proceedings.
6. The HCS Director must verify any document provided by the applicant or resident, such
as evidence of completion of rehabilitation program or any other proof or testimony
provided, before submitting the decision letter to uphold or overturn the denial of
assistance.
F. Decision of the Hearing
1. The decision of the HCS Director shall be based solely and exclusively upon the facts and
evidence presented at the hearing and upon applicable regulations and requirements. This
decision shall be in writing by specifying the reasons thereof, within fourteen (14) calendar
days of the hearing. A copy of the decision must be forwarded to the resident and
another copy to the management office to be filed in the resident's records.
2. A decision by the HCS Director in favor of HCS, or which denies the relief sought by the
resident in whole or in part, shall not constitute a waiver of or affect in any manner
whatever, the resident's rights to trial de novo or judicial review in any judicial proceeding
which may thereafter be brought in the matter.
3. The decision of the HCS Director shall be final.
4. Copies of hearing decision letters in addition to any documents or testimony presented at the
hearing are kept on file as per State of Florida retention schedules by the hearing officer or on
site.
X. Utilities and Maintenance Charges
A. Utilities
This section establishes the procedures for utility allowances for resident-purchased utilities.
Utilities are defined as electricity, gas, water and sewer. Telephone and cable television are not
considered utilities under this policy.
Review and revision of allowance
a. Annual review: HCS shall review the utility allowances annually or in accordance with
federal regulatory requirements and shall adjust the amount of utility allowance if
necessary to reflect changes in utility rates and/or utility consumptions.
b. Schedule of Utility Allowances: Schedules of utility allowances for each development are
posted on the bulletin board in each development office and will be made available
to the resident upon request.
B. Utilities Paid by the Resident
1. Utility accounts established and maintained by the residents must be in the name of the head
of household, spouse, or co-head.
C. Maintenance Charges
1. Repair Charges.
a. Schedules of maintenance charges are posted in the HCS offices and will be made
available to residents upon request.
b. Residents will be charged for material and services at the price list in effect at the time
of repair for intentional damages or damages caused by negligence of the residents.
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c. HCS will notify the resident by mail or in person of any maintenance charges for which
he/she will be billed, and his/her rights to request a hearing under the grievance procedure.
d. At the tenant's request for a hearing, the charges will not become due until the
grievance process has been completed.
2. Move-Out Charges:
a. Upon the move out inspection, residents will be held responsible for all damages
beyond normal wear and tear to the unit and appliances.
b. Damages beyond normal wear and tear not repaired will be charged to the resident's
security deposit necessary osit and if the resident's account at the time of move-out. The
rY
price list in effect as of the move-out date will be utilized to price labor and materials.
c. Photographs of the damages will be maintained in the tenant file in accordance to
retention schedule.
XI. Determining Income and Rent
A. Annual Income
The Annual Income is calculated taking into consideration all amounts, monetary or not, which
go to, or on behalf of, the household head, spouse, co-head or to any other household
member (even temporarily absent); at the time of admission, reexamination, or recertification, and
is based on:
a. Actual income being received (projected forward for a 12-month period); or
b. Past actual income received or earned within the last 12 months of the determination date,
as HUD may prescribe in applicable administrative instructions when: (1) The household
reports little or no income; and (2) HCS is unable to determine annual income due to
fluctuations in income(e.g., seasonal or cyclical income).
c. The Annual income also includes amounts derived from assets to which any member of the
household has access(during the 12-month period).
Annual income includes but is not limited to:
1. The full amount, before any payroll deductions, of wages and salaries, overtime pay,
commissions, fees, tips and bonuses, and other compensation for personal services;
2. The net income from operation of a business or profession, including any withdrawal of cash
or assets from the operation of the business. Expenditures for business expansion or
amortization of capital indebtedness shall not be used as deductions in determining the net
income from a business. An allowance for the straight-line depreciation of assets used in a
business or profession may be deducted as provided in the Internal Revenue Service (IRS)
regulations. Withdrawals of cash or assets will not be considered income when used to
reimburse the household for cash or assets invested in the business;
3. Interest, dividends, and other net income of any kind from real or personal property.
Expenditures for amortization of capital indebtedness shall not be used as deductions in
determining net income. An allowance for the straight-line depreciation of real or personal
property is permitted. Withdrawals of cash or assets will not be considered as income when
used to reimburse the household for cash or assets invested in the property. If the household
has net household assets in excess of $5,000, annual income shall include the greater of
the actual income derived from all net household assets or a percentage of the value of
such assets based on the current passbook savings rate.
4. The full amount of periodic payments received from Social Security, annuities, insurance
policies, retirement funds, pensions, disability or death benefits, and other similar types of
periodic receipts;
5. Payments in lieu of earnings, such as unemployment and disability compensation,
worker's compensation, and severance pay;
6. All welfare assistance payments (Temporary Assistance to Needy Families, General
Assistance)received by or on behalf of any household member.
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7. Periodic and determinable allowances, such as alimony and child support payments (see
note), and regular cash and non-cash contributions or gifts received from agencies or people
not residing in the dwelling made to or on behalf of household members. (Note: Uncollected
child support will not be counted as income so long as the household provides court
documents demonstrating that the debt is uncollectible or has not been paid or received as
directed by the Court for more than three(3) months).
8. All regular pay, special pay, and allowances of a household member in the Armed Forces.
9. In determining annual income, HCS may request the household to provide documentation of
current income. The household acceptable documentation can be either dated sixty (60)
days prior to income determination or sixty (60) days following the date the income
documentation is requested.
10. Historical Amounts: If HCS is unable to determine annual income using current information
because the household reports little to no income or because income fluctuates, HCS may
average past actual income received or earned within the last twelve (12) months before
the determination date to calculate annual income.
11. Income from seasonal employment (i.e. school board employees, teachers, etc.) may be
calculated using one of the following methods:
a. Annualize income by projecting the current monthly income for twelve (12) months
even if the current income is not expected to last the entire twelve (12) months. Under
this method, the household has the right to come in for an interim re-examination once
the income decreases;
b. Calculate average income based on anticipated changes for the upcoming year using
verified historical evidence of past income fluctuations. This second method would not
require an interim re-examination at the time income decreases since such decreases
would already be averaged into the anticipated annual amount.
B. Items Not Included in Annual Income
HCS is not required to verify fully excluded income and may accept an applicant or
participant's self-certification of such income. Annual Income does not include the following:
1. Income from the employment of children (including foster children) under the age of 18 years;
2. Payments received for the care of foster children or foster adults (usually individuals with
disabilities, unrelated to the resident household, who are unable to live alone);
3. Lump sum additions to household assets, such as inheritances, insurance payments
(including payments under health and accident insurance, and worker's compensation), capital
gains, onetime lottery winnings, and settlement for personal property losses;
4. Amounts received by the household that are specifically for, or in reimbursement of, the cost of
medical expenses for any household member;
5. Income of a live-in aide, provided the person meets the definition of a live-in aide;
6. The full amount of student financial assistance paid directly to the student or the
educational institution; .
7. The special pay to a household member serving in the Armed Forces who is exposed to
hostile fire;
8. Temporary, non-recurring,or sporadic income(including gifts);
9. Reparation payments paid by foreign governments pursuant to claims filed under the laws
of that government by people who were persecuted during the Nazi era;
10. Earnings in excess of $480 for each full-time student 18 years old or older (excluding the
head of the household, spouse, or co-head). Full Time Student status will be identified
by the college or vocational school. Students with approval to attend school for the next
semester, either after graduation or in the summer will be considered for this income
exemption;
11. Adoption assistance payments in excess of$480 per adopted child;
12. Deferred periodic payments of Supplemental Security Income and Social Security benefits
that are received in a lump sum payment;
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13. Amounts received by the household in the form of refunds or rebates under state or local law for
property taxes paid on the dwelling unit;
14. Amounts paid by a state agency to a household with a developmentally disabled
household member living at home to offset the cost of services and equipment needed to keep
the developmentally disabled household member at home;
15. Amounts specifically excluded by any other federal statute from consideration as income for
purposes of determining eligibility or benefits under a category of assistance programs that
includes assistance under the United States Housing Act of 1937. A notice will be
published by HUD in the Federal Register identifying the benefits that qualify for this
exclusion. Updates will be published and distributed when necessary.
16. The following is a list of benefits excluded by other federal statute:
a. The value of the allotment provided to an eligible household for coupons under the Food
Stamp Act of 1977;
b. Payments or allowances made under the Department of Health and Human Services'
Low-Income Home Energy Assistance Program;
c. Amounts of scholarships funded under Title IV of the Higher Education Act of 1965
including awards under the Federal work-study program or under the Bureau of Indian
Affairs student assistance programs. Examples of Title IV programs include but are not
limited to: Basic Educational Opportunity Grants (Pell Grants), Supplemental
Opportunity Grants, State Student Incentive Grants, College Work Study, and Byrd
Scholarships;
d. The value of any child care provided or arranged (or any amount received as
payment for such care or reimbursement for costs incurred for such care) under the Child
Care and Development Block Grant Act of 1990; and
e. Earned income tax credit refund payments received.
These exclusions may be amended from time to time as permitted or required by the
federal regulations.
C. Anticipating Annual Income
If it is not feasible to anticipate income for a twelve (12)-month period, HCS may use the
annualized income anticipated for a shorter period. For example, this method would be used
for teachers who are only paid for ten (10) months, or for tenants receiving unemployment
compensation.
D. Rent Amounts
All units in the City's Affordable Housing Program portfolio shall adhere to HOME Investments
Partnership Program (HOME) rents as determined by HUD and published at www.hud.gov
E. Rent Collection
Clients are mailed a monthly rent statement listing any transactions processed that month and
indicating the balance due. HCS has initiated the following rent payment options for its residents:
1. Online payment through major credit card or checking account.
2. Cash, check, money order will be accepted at Cashier locations. Payments of any kind will not
be accepted at the site offices.
F. Security Deposit
1. Security deposits must be equivalent to one month's rent. For new applicants, the security
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deposit is due within twenty-four (24) hours after lease is signed in the form of cash, cashier's
• check or money order.
2. During the time of recertification, Tenants will have to replenish their current security deposit if
the new lease agreement reflects an increase in the rent. If the rent is decreased, then the
Tenant will receive a reimbursement of any overage.
XII. Fair Housing and Equal Opportunity
A. Non-discrimination Policy
1. HCS complies with all federal, state, and local antidiscrimination laws including, but not
limited to: the Fair Housing Act; Section 504 of the Rehabilitation Act of 1973; and the
Americans with Disabilities Act.
2. No person shall, on the basis of race, color, sex, i n t e r s e x u a I i t y, religion, national
or ethnic origin, familial status, marital status, sexual orientation, gender identity, ancestry,
age, pregnancy, disability, or source of income be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under programs operated and/or
funded by HCS.
3. HCS prohibits inquiries regarding sexual orientation or gender identity, which includes, but is
not limited to,whether a person is transgendered.
4. HCS will provide applicants and participants with federal/state/local information regarding
discrimination and any recourse available to them if they believe they may be victims of
discrimination.
5. HCS will display the Fair Housing poster at HCS offices. Upon eligibility determination,
applicants will be provided with the Housing Discrimination Complaint form and information
pertaining to procedures to be followed if the applicant believes he/she has experienced illegal
discrimination.
B. Processing Non-Discrimination Complaints and Reasonable Accommodation
Requests
1. All applicable Fair Housing Information and Discrimination Complaint forms will be made
available at HCS's office and/or by mailing copies of information to persons requesting
same. In addition, all appropriate written information and advertisements will contain the
appropriate written information, and advertisements will contain the appropriate Equal
Opportunity language and logo.
2. HCS will assist any household that believes they have been discriminated against by
providing copies of the federal and local housing discrimination forms and the addresses of
the applicable offices. In addition, HCS will facilitate conciliation of discrimination complaints
upon the request of complainants,to the greatest extent feasible.
3. HCS will cooperate with HUD in conducting monitoring and compliance reviews and
complaint investigations, pursuant to all applicable civil rights statutes and regulations,
Executive Orders, and all civil rights related program requirements.
4. Reasonable accommodation requests are processed through the HCS.
C. Effective Communication Policy
HCS has an Effective Communication Policy to ensure effective communication with
applicants, residents, program participants, employees, and people with disabilities.
D. Emergency Evacuation Assistance Program Procedures
In case of emergency, HCS will take all necessary steps to address specific needs of its
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residents in consistency with the City of Miami Beach Emergency Operations Center.
In preparation of the hurricane season, HCS will distribute the Hurricane Guide in electronic format
to tenants and a physical copy will be available at 555 17th street. The Guide will be published
online at www.miamibeachfl.gov.
Additionally, HCS's Emergency Operations Plan will continue to be reviewed to ensure that
it contains all necessary provisions required for people with disabilities in emergency
conditions. For more information on the City's Emergency Evacuation Plan, please visit
www.miamibeachfl.gov.
E. Service Animals
No pets shall be permitted on the premises, except those certified as a service pet, by an
accredited, licensed agency. Service animals will be considered for residents with medical records
documenting the need for a service animal. The pet shall then receive the appropriate training
required for the service animal designation and the resident must also abide by the County
requirements by providing annual vaccine records, rabies tag information and complying with the
Pet Fee.
XIII. Domestic Violence
A. Overview
HCS is committed to protecting victims of domestic violence and will work with tenants, law
enforcement officials and community-based agencies to ensure that services and supports are
available.
B. Admission and Continued Occupancy Criteria
1. An applicant cannot be denied admission or assistance solely because the person has been
a victim of domestic violence, if the applicant or tenant otherwise qualifies for admission,
assistance, participation,or occupancy.
2. Residents or tenants who are victims of domestic violence must be handled as an
exception to the federal One Strike Rule under documented incident of actual or threatened
domestic violence.
3. If the tenant or affiliated individual is a victim of criminal activity directly related to domestic
violence engaged in by a household member or guest or other person under the tenant's
control, such criminal activity shall not be cause for eviction or termination.
4. Being a victim of domestic violence does not qualify as a serious or repeated violation of the
lease for terminating assistance, tenancy, or the occupancy rights of the victim.
5. HCS may allow for the perpetrator of domestic violence to be removed from the lease, while
the remaining household members stay in the assisted unit, upon approval of the division
director.
6. Victims of domestic violence will be considered for emergency transfers.
C. Evidence Required as Proof of Domestic Violence
When confronted with cases of domestic violence, HCS will request the name of perpetrator if it is
known to the victim. Additional documentation to accompany the victim's statement or in lieu of the
victim's statement may include but is not limited to:
1. A listing of the approximate dates when each incident occurred, discussion of the
applicant's fears and injuries and the effect that each abusive incident has had on the
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applicant and her/his household;
2. Restraining or civil protection orders;
3. Medical records or statement from medical professional;
4. Documentation from a mental health professional;
5. Police reports, records of telephone calls or visits to the victim's address. This may include
telephone calls to the police registering a compliant, a log of police runs made to the residence,
copies of all tapes and reports written by officers responding to a call;
6. A record of an administrative agency or victim service provider;
7. Court records;
8. Statements signed by workers from a domestic violence shelter or other domestic
violence programs attesting to the time the victim spent in the shelter and the reason as linked
to incidents of abuse;
9. Statement signed by counselors, if victim attended counseling;
10. Statement signed by attorney from whom the victim sought assistance in addressing
domestic violence;
11. Reports, statements from police, judges and other court officials, clergy, social workers, social
service agencies, or other victim service providers;
12. Other credible evidence as corroborated by law enforcement or domestic violence
providers.
Statements signed by above-mentioned professionals must attest to the professional's belief
that the incident(s) are bona fide incident(s) of abuse and must also be signed by the victim.
D. Considerations for Victims of Domestic Violence
HCS may consider:
1. The nature and severity of each case while exercising discretion on whether or not
household members or their guests pose an actual Rathimminent threat to the health, safety, or
right to peaceful enjoyment of the premises by others. Any eviction or termination of
assistance taken on this basis should only be used when there are no other actions that can be
taken to reduce or eliminate the threat, including but not limited to:
a. Transferring the victim
b. Barring the perpetrator from the property
c. Contacting law enforcement
2. The effects of denial or termination of assistance on other household members who were
not involved in the offense.
3. The conditions barring the culpable household member from residing in or visiting the unit.
4. The circumstances relevant to an eviction or termination of tenancy based on the extent to
which the person has shown personal responsibility to prevent the offending action, and the
time that has elapsed since their arraignment for that crime.
5. The range of evidence as proof of domestic violence, which may include, but is not
limited to: victim's statement, testimony or affidavit outlining the facts of the violence or
cruelty in each incident, utilizing form HUD-50066.
E. Protection of Victims of Domestic Violence
1. HCS may collaborate with appropriate counseling and law enforcement entities to assist
victims of domestic violence, including, but not limited to, the following services and
programs for domestic violence victims:
a. Domestic Violence Service Providers:
• Safe Space Shelter:305-758-2804
• The Lodge:305-693-1170
• Coordinated Victims Assistance Center(CVAC): 305-285-5900
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2. In determining if termination, removal or in some cases eviction is appropriate, HCS must
consider the safety and well-being of victims, as well as the health, safety and peaceful
enjoyment of other residents who may be affected by incidents or domestic violence. If the
evicted individual is the sole tenant eligible to receive assistance under a covered housing
program, HCS shall provide any remaining tenant an opportunity to establish eligibility. If a
tenant described in the preceding sentence cannot establish eligibility, HCS shall provide the
tenant a reasonable time, as determined by the appropriate agency, to find new housing or
to establish eligibility for housing under another covered housing program.
3. HCS has developed linkages and referrals to appropriate counseling and law enforcement
entities.
Page 49 of 64
<� I U.S. DEPARTMENT OF JUSTICE
. `�.' ';
CIVIL RIGHTS DIVISION
! I U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
II�dli 4r OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY
Washington, D.C.
May 17, 2004
JOINT STATEMENT OF
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND THE DEPARTMENT OF JUSTICE
REASONABLE ACCOMMODATIONS UNDER THE
FAIR HOUSING ACT
Introduction
The Department of Justice ("DOJ") and the Department of Housing and Urban
Development("HUD") are jointly responsible for enforcing the federal Fair Housing Act' (the
"Act"),which prohibits discrimination in housing on the basis of race, color,religion, sex,
national origin, familial status, and disability.' One type of disability discrimination prohibited
by the Act is the refusal to make reasonable accommodations in rules,policies,practices, or
services when such accommodations may be necessary to afford a person with a disability the
equal opportunity to use and enjoy a dwelling.' HUD and DOJ frequently respond to complaints
alleging that housing providers have violated the Act by refusing reasonable accommodations to
persons with disabilities. This Statement provides technical assistance regarding the rights and
obligations of persons with disabilities and housing providers under the Act relating to
1 The Fair Housing Act is codified at 42 U.S.C. §§ 3601 - 3619.
2 The Act uses the term"handicap" instead of the term "disability." Both terms have the
same legal meaning. See Bragdon v. Abbott, 524 U.S. 624, 631 (1998) (noting that definition of
"disability"in the Americans with Disabilities Act is drawn almost verbatim"from the definition
of'handicap' contained in the Fair Housing Amendments Act of 1988"). This document uses the
term "disability," which is more generally accepted.
3 42 U.S.C. § 3604(f)(3)(B).
Page 50 of 64
reasonable accommodations.'
Questions and Answers
1. What types of discrimination against persons with disabilities does the Act
prohibit?
The Act prohibits housing providers from discriminating against applicants or residents
because of their disability or the disability of anyone associated with them' and from treating
persons with disabilities less favorably than others because of their disability. The Act also
makes it unlawful for any person to refuse"to make reasonable accommodations in rules,
policies,practices, or services, when such accommodations may be necessary to afford ...
person(s) [with disabilities] equal opportunity to use and enjoy a dwelling."6 The Act also
prohibits housing providers from refusing residency to persons with disabilities, or placing
conditions on their residency, because those persons may require reasonable accommodations.
In addition, in certain circumstances, the Act requires that housing providers allow residents to
4 Housing providers that receive federal financial assistance are also subject to the
requirements of Section 504 of the Rehabilitation Act of 1973. 29 U.S.C. § 794. Section 504,
and its implementing regulations at 24 C.F.R. Part 8, prohibit discrimination based on disability
and require recipients of federal financial assistance to provide reasonable accommodations to
applicants and residents with disabilities. Although Section 504 imposes greater obligations than
the Fair Housing Act, (e.g.,providing and paying for reasonable accommodations that involve
structural modifications to units or public and common areas), the principles discussed in this
Statement regarding reasonable accommodation under the Fair Housing Act generally apply to
requests for reasonable accommodations to rules,policies,practices, and services under Section
504. See U.S. Department of Housing and Urban Development, Office of Public and Indian
Housing,Notice PIH 2002-01(HA) (www.hud.gov/offices/fheo/disabilities/PIH02-01.pdf) and
"Section 504: Frequently Asked Questions,"(www.hud.gov/offices/fheo/disabilities/
sect504faq.cfm#anchor272118).
5 The Fair Housing Act's protection against disability discrimination covers not only
home seekers with disabilities but also buyers and renters without disabilities who live or
are associated with individuals with disabilities 42 U.S.C. § 3604(f)(1)(B), 42 U.S.C.
§ 3604(f)(1)(C), 42 U.S.C. § 3604(f)(2)(B), 42 U.S.C. § (f)(2)(C). See also H.R. Rep. 100-711 —
24 (reprinted in 1988 U.S.C.A.N. 2173, 2184-85) ("The Committee intends these provisions to
prohibit not only discrimination against the primary purchaser or named lessee, but also to
prohibit denials of housing opportunities to applicants because they have children,parents,
friends, spouses,roommates,patients, subtenants or other associates who have disabilities.").
Accord: Preamble to Proposed HUD Rules Implementing the Fair Housing Act, 53 Fed. Reg.
45001 (Nov. 7, 1988) (citing House Report).
6 42 U.S.C. § 3604(f)(3)(B). HUD regulations pertaining to reasonable accommodations
may be found at 24 C.F.R. § 100.204.
Page 51 of 64
make reasonable structural modifications to units and public/common areas in a dwelling when
those modifications may be necessary for a person with a disability to have full enjoyment of a
dwelling.' With certain limited exceptions (see response to question 2 below), the Act applies to
privately and publicly owned housing, including housing subsidized by the federal government or
rented through the use of Section 8 voucher assistance.
2. Who must comply with the Fair Housing Act's reasonable accommodation
requirements?
Any person or entity engaging in prohibited conduct—i.e., refusing to make reasonable
accommodations in rules,policies,practices, or services,when such accommodations may be
necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling—
may be held liable unless they fall within an exception to the Act's coverage. Courts have
applied the Act to individuals, corporations, associations and others involved in the provision of
housing and residential lending, including property owners,housing managers, homeowners and
condominium associations, lenders, real estate agents, and brokerage services. Courts have also
applied the Act to state and local governments, most often in the context of exclusionary zoning
or other land-use decisions. See e.g., City of Edmonds v. Oxford House, Inc., 514 U.S. 725, 729
(1995);Project Life v. Glendening, 139 F. Supp. 703, 710 (D. Md. 2001), affd 2002 WL
2012545 (4th Cir. 2002). Under specific exceptions to the Fair Housing Act, the reasonable
accommodation requirements of the Act do not apply to a private individual owner who sells his
own home so long as he (1) does not own more than three single-family homes; (2) does not use
a real estate agent and does not employ any discriminatory advertising or notices; (3) has not
engaged in a similar sale of a home within a 24-month period; and(4) is not in the business of
selling or renting dwellings. The reasonable accommodation requirements of the Fair Housing
Act also do not apply to owner-occupied buildings that have four or fewer dwelling units.
3. Who qualifies as a person with a disability under the Act?
The Act defines a person with a disability to include(1) individuals with a physical or
mental impairment that substantially limits one or more major life activities; (2) individuals who
are regarded as having such an impairment; and(3) individuals with a record of such an
impairment.
The term "physical or mental impairment" includes,but is not limited to, such diseases
and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism,
epilepsy, muscular dystrophy,multiple sclerosis, cancer, heart disease, diabetes, Human
Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction(other
than addiction caused by current, illegal use of a controlled substance) and alcoholism.
' This Statement does not address the principles relating to reasonable modifications. For
further information see the HUD regulations at 24 C.F.R. § 100.203. This statement also does
not address the additional requirements imposed on recipients of Federal financial assistance
pursuant to Section 504, as explained in the Introduction.
Page 52 of 64
The term"substantially limits" suggests that the limitation is "significant" or "to a large
degree."
The term"major life activity"means those activities that are of central importance to
daily life, such as seeing, hearing, walking, breathing,performing manual tasks, caring for one's
self, learning, and speaking.' This list of major life activities is not exhaustive. See e.g., Bragdon
v. Abbott, 524 U.S. 624, 691-92 (1998)(holding that for certain individuals reproduction is a
major life activity).
4. Does the Act protect juvenile offenders, sex offenders,persons who illegally use
controlled substances, and persons with disabilities who pose a significant danger to
others?
No,juvenile offenders and sex offenders,by virtue of that status, are not persons with
disabilities protected by the Act. Similarly, while the Act does protect persons who are
recovering from substance abuse, it does not protect persons who are currently engaging in the
current illegal use of controlled substances; Additionally, the Act does not protect an individual
with a disability whose tenancy would constitute a "direct threat" to the health or safety of other
individuals or result in substantial physical damage to the property of others unless the threat can
be eliminated or significantly reduced by reasonable accommodation.
5. How can a housing provider determine if an individual poses a direct threat?
The Act does not allow for exclusion of individuals based upon fear, speculation, or
stereotype about a particular disability or persons with disabilities in general. A determination
that an individual poses a direct threat must rely on an individualized assessment that is based on
reliable objective evidence (e.g., current conduct, or a recent history of overt acts). The
assessment must consider: (1)the nature, duration, and severity of the risk of injury, (2)the
probability that injury will actually occur; and (3) whether there are any reasonable
accommodations that will eliminate the direct threat. Consequently, in evaluating a recent
history of overt acts, a provider must take into account whether the individual has received
intervening treatment or medication that has eliminated the direct threat(i.e., a significant risk of
substantial harm). In such a situation, the provider may request that the individual document
8 has questioned but has not yet ruled on whether"working"is to be
The Supreme Court q y g
considered a major life activity. See Toyota Motor Mfg, Kentucky, Inc. v. Williams, 122 S. Ct.
681, 692, 693 (2002). If it is a major activity,the Court has noted that a claimant would be
required to show an inability to work in a"broad range of jobs"rather than a specific job. See
Sutton v. United Airlines, Inc., 527 U.S. 470, 492 (1999).
9 See, e.g.,United States v. Southern Management Corp., 955 F.2d 914, 919 (4`h Cir. 1992)
(discussing exclusion in 42 U.S.C. § 3602(h) for"current, illegal use of or addiction to a
controlled substance").
Page 53 of 64
how the circumstances have changed so that he no longer poses a direct threat. A provider may
also obtain satisfactory assurances that the individual will not pose a direct threat during the
tenancy. The housing provider must have reliable, objective evidence that a person with a
disability poses a direct threat before excluding him from housing on that basis.
Example 1: A housing provider requires all persons applying to rent an
apartment to complete an application that includes information on the applicant's
current place of residence. On her application to rent an apartment, a woman
notes that she currently resides in Cambridge House. The manager of the
apartment complex knows that Cambridge House is a group home for women
receiving treatment for alcoholism. Based solely on that information and his
personal be lief that alcoholics are likely to cause disturbances and damage
property, the manager rejects the applicant. The rejection is unlawful because it is
based on a generalized stereotype related to a disability rather than an
individualized assessment of any threat to other persons or the property of others
based on reliable, objective evidence about the applicant's recent past conduct.
The housing provider may not treat this applicant differently than other applicants
based on his subjective perceptions of the potential problems posed by her
alcoholism by requiring additional documents, imposing different lease terms, or
requiring a higher security deposit. However, the manager could have checked
this applicant's references to the same extent and in the same manner as he would
have checked any other applicant's references. If such a reference check revealed
objective evidence showing that this applicant had posed a direct threat to persons
or property in the recent past and the direct threat had not been eliminated, the
manager could then have rejected the applicant based on direct threat.
Example 2: James X, a tenant at the Shady Oaks apartment complex, is
arrested for threatening his neighbor while brandishing a baseball bat. The Shady
Oaks' lease agreement contains a term prohibiting tenants from threatening
violence against other residents. Shady Oaks' rental manager investigates the
incident and learns that James X threatened the other resident with physical
violence and had to be physically restrained by other neighbors to keep him from
acting on his threat. Following Shady Oaks' standard practice of strictly enforcing
its "no threats"policy, the Shady Oaks rental manager issues James X a 30-day
notice to quit, which is the first step in the eviction process. James X's attorney
contacts Shady Oaks'rental manager and explains that James X has a psychiatric
disability that causes him to be physically violent when he stops taking his
prescribed medication. Suggesting that his client will not pose a direct threat to
others if proper safeguards are taken, the attorney requests that the rental manager
grant James X an exception to the "no threats"policy as a reasonable
accommodation based on James X's disability. The Shady Oaks rental manager
need only grant the reasonable accommodation if James X's attorney can provide
satisfactory assurance that James X will receive appropriate counseling and
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periodic medication monitoring so that he will no longer pose a direct threat
during his tenancy. After consulting with James X, the attorney responds that
James X is unwilling to receive counseling or submit to any type of periodic
monitoring to ensure that he takes his prescribed medication. The rental manager
may go forward with the eviction proceeding, since James X continues to pose a
direct threat to the health or safety of other residents.
6. What is a "reasonable accommodation" for purposes of the Act?
A"reasonable accommodation" is a change, exception, or adjustment to a rule, policy,
practice, or service that may be necessary for person with a disability to have an equal
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opportunity to use and enjoy a dwellin g, includin g p ublic and common use spaces. Since rules,
policies,practices, and services may have a different effect on persons with disabilities than on
other persons, treating persons with disabilities exactly the same as others will sometimes deny
them an equal opportunity to use and enjoy a dwelling. The Act makes it unlawful to refuse to
make reasonable accommodations to rules,policies,practices, or services when such
accommodations may be necessary to afford persons with disabilities an equal opportunity to use
and enjoy a dwelling.
To show that a requested accommodation may be necessary, there must be an identifiable
relationship, or nexus,between the requested accommodation and the individual's disability.
Example 1: A housing provider has a policy of providing unassigned parking
spaces to residents. A resident with a mobility impairment, who is substantially
limited in her ability to walk, requests an assigned accessible parking space close
to the entrance to her unit as a reasonable accommodation. There are available
parking spaces near the entrance to her unit that are accessible,but those spaces
are available to all residents on a first come, first served basis. The provider must
make an exception to its policy of not providing assigned parking spaces to
accommodate this resident.
Example 2: A housing provider has a policy of requiring tenants to come to the
rental office in person to pay their rent. A tenant has a mental disability that
makes her afraid to leave her unit. Because of her disability, she requests that she
be permitted to have a friend mail her rent payment to the rental office as a
reasonable accommodation. The provider must make an exception to its payment
policy to accommodate this tenant.
Example 3: A housing provider has a"no pets" policy. A tenant who is deaf
requests that the provider allow him to keep a dog in his unit as a reasonable
accommodation. The tenant explains that the dog is an assistance animal that will
alert him to several sounds, including knocks at the door, sounding of the smoke
detector, the telephone ringing, and cars coming into the driveway. The housing
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provider must make an exception to its "no pets"policy to accommodate this
tenant.
7. Are there any instances when a provider can deny a request for a reasonable
accommodation without violating the Act?
Yes. A housing provider can deny a request for a reasonable accommodation if the
request was not made by or on behalf of a person with a disability or if there is no di sab ility-
related need for the accommodation. In addition, a request for a reasonable accommodation may
be denied if providing the accommodation is not reasonable—i.e., if it would impose an undue
financial and administrative burden on the housing provider or it would fundamentally alter the
nature of the provider's operations. The determination of undue fmancial and administrative
burden must be made on a case-by-case basis involving various factors, such as the cost of the
requested accommodation, the financial resources of the provider,the benefits that the
accommodation would provide to the requester, and the availability of alternative
accommodations that would effectively meet the requester's disability-related needs.
When a housing provider refuses a requested accommodation because it is not reasonable,
the provider should discuss with the requester whether there is an alternative accommodation that
would effectively address the requester's disability-related needs without a fundamental alteration
to the provider's operations and without imposing an undue financial and administrative burden.
If an alternative accommodation would effectively meet the requester's disability-related needs
and is reasonable, the provider must grant it. An interactive process in which the housing
provider and the requester discuss the requester's disability-related need for the requested
accommodation and possible alternative accommodations is helpful to all concerned because it
often results in an effective accommodation for the requester that does not pose an undue
financial and administrative burden for the provider.
Example: As a result of a disability, a tenant is physically unable to open the
dumpster placed in the parking lot by his housing provider for trash collection.
The tenant requests that the housing provider send a maintenance staff person to
his apartment on a daily basis to collect his trash and take it to the dumpster.
Because the housing development is a small operation with limited financial
resources and the maintenance staff are on site only twice per week, it may be an
undue financial and administrative burden for the housing provider to grant the
requested daily trash pick-up service. Accordingly, the requested accommodation
may not be reasonable. If the housing provider denies the requested
accommodation as unreasonable, the housing provider should discuss with the
tenant whether reasonable accommodations could be provided to meet the tenant's
disability-related needs—for instance,placing an open trash collection can in a
location that is readily accessible to the tenant so the tenant can dispose of his
own trash and the provider's maintenance staff can then transfer the trash to the
dumpster when they are on site. Such an accommodation would not involve a
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fundamental alteration of the provider's operations and would involve little
financial and administrative burden for the provider while accommodating the
tenant's disability-related needs.
There may be instances where a provider believes that, while the accommodation
requested by an individual is reasonable,there is an alternative accommodation that would be
equally effective in meeting the individual's disability-related needs. In such a circumstance, the
provider should discuss with the individual if she is willing to accept the alternative
accommodation. However,providers should be aware that persons with disabilities typically
have the most accurate knowledge about the functional limitations posed by their disability, and
an individual is not obligated to accept an alternative accommodation suggested by the provider
if she believes it will not meet her needs and her preferred accommodation is reasonable.
8. What is a "fundamental alteration"?
A"fundamental alteration" is a modification that alters the essential nature of a provider's
operations.
Example: A tenant has a severe mobility impairment that substantially limits his
ability to walk. He asks his housing provider to transport him to the grocery store
and assist him with his grocery shopping as a reasonable accommodation to his
disability. The provider does not provide any transportation or shopping services
for its tenants, so granting this request would require a fundamental alteration in
the nature of the provider's operations. The request can be denied,but the
provider should discuss with the requester whether there is any alternative
accommodation that would effectively meet the requester's disability-related needs
without fundamentally altering the nature of its operations, such as reducing the
tenant's need to walk long distances by altering its paiicing policy to allow a
volunteer from a local community service organization to park her car close to the
tenant's unit so she can transport the tenant to the grocery store and assist him
with his shopping.
9. What happens if providing a requested accommodation involves some costs on
the part of the housing provider?
Courts have ruled that the Act may require a housing provider to grant a reasonable
accommodation that involves costs, so long as the reasonable accommodation does not pose an
undue financial and administrative burden and the requested accommodation does not constitute
a fundamental alteration of the provider's operations. The financial resources of the provider,the
cost of the reasonable accommodation, the benefits to the requester of the requested
accommodation, and the availability of other, less expensive alternative accommodations that
would effectively meet the applicant or resident's disability-related needs must be considered in
determining whether a requested accommodation poses an undue financial and administrative
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burden.
10. What happens if no agreement can be reached through the interactive process?
A failure to reach an agreement on an accommodation request is in effect a decision by
the provider not to grant the requested accommodation. If the individual who was denied an
accommodation files a Fair Housing Act complaint to challenge that decision,then the agency or
court receiving the complaint will review the evidence in light of applicable law-and decide if
the housing provider violated that law. For more information about the complaint process, see
question 19 below.
11. May a housing provider charge an extra fee or require an additional deposit
from applicants or residents with disabilities as a condition of granting a reasonable
accommodation?
No. Housing providers may not require persons with disabilities to pay extra fees or
deposits as a condition of receiving a reasonable accommodation.
Example 1: A man who is substantially limited in his ability to walk uses a
motorized scooter for mobility purposes. He applies to live in an assisted living
facility that has a policy prohibiting the use of motorized vehicles in buildings and
elsewhere on the premises. It would be a reasonable accommodation for the
facility to make an exception to this policy to permit the man to use his motorized
scooter on the premises for mobility purposes. Since allowing the man to use his
scooter in the buildings and elsewhere on the premises is a reasonable
accommodation,the facility may not condition his use of the scooter on payment
of a fee or deposit or on a requirement that he obtain liability insurance relating to
the use of the scooter. However, since the Fair Housing Act does not protect any
person with a disability who poses a direct threat to the person or property of
others,the man must operate his motorized scooter in a responsible manner that
does not pose a significant risk to the safety of other persons and does not cause
damage to other persons'property. If the individual's use of the scooter causes
damage to his unit or the common areas, the housing provider may charge him for
the cost of repairing the damage (or deduct it from the standard security deposit
imposed on all tenants), if it is the provider's practice to assess tenants for any
damage they cause to the premises.
Example 2: Because of his disability, an applicant with a hearing impairment
needs to keep an assistance animal in his unit as a reasonable accommodation.
The housing provider may not require the applicant to pay a fee or a security
deposit as a condition of allowing the applicant to keep the assistance animal.
However, if a tenant's assistance animal causes damage to the applicant's unit or
the common areas of the dwelling, the housing provider may charge the tenant for
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the cost of repairing the damage (or deduct it fmm the standard security deposit
imposed on all tenants), if it is the provider's practice to assess tenants for any
damage they cause to the premises.
12. When and how should an individual request an accommodation?
Under the Act, a resident or an applicant for housing makes a reasonable accommodation
request whenever she makes clear to the housing provider that she is requesting an exception,
change, or adjustment to a rule, policy,practice, or service because of her disability. She should
explain what type of accommodation she is requesting and, if the need for the accommodation is
not readily apparent or not known to the provider, explain the relationship between the requested
accommodation and her disability.
An applicant or resident is not entitled to receive a reasonable accommodation unless she
requests one. However,the Fair Housing Act does not require that a request be made in a
particular manner or at a particular time. A person with a disability need not personally make the
reasonable accommodation request; the request can be made by a family member or someone
else who is acting on her behalf. An individual making a reasonable accommodation request
does not need to mention the Act or use the words "reasonable accommodation." However, the
requester must make the request in a manner that a reasonable person would understand to be a
request for an exception, change, or adjustment to a rule,policy,practice, or service because of a
disability.
Although a reasonable accommodation request can be made orally or in writing, it is
usually helpful for both the resident and the housing provider if the request is made in writing.
This will help prevent misunderstandings regarding what is being requested, or whether the
request was made. To facilitate the processing and consideration of the request, residents or
prospective residents may wish to check with a housing provider in advance to determine if the
provider has a preference regarding the manner in which the request is made. However,housing
providers must give appropriate consideration to reasonable accommodation requests even if the
requester makes the request orally or does not use the provider's preferred forms or procedures
for making such requests.
Example: A tenant in a large apartment building makes an oral request that she
be assigned a mailbox in a location that she can easily access because of a
physical disability that limits her ability to reach and bend. The provider would
prefer that the tenant make the accommodation request on a pre-printed form, but
the tenant fails to complete the form. The provider must consider the reasonable
accommodation request even though the tenant would not use the provider's
designated form.
13. Must a housing provider adopt formal procedures for processing requests for a
reasonable accommodation?
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No. The Act does not require that a housing provider adopt any formal procedures for
reasonable accommodation requests. However, having formal procedures may aid individuals
with disabilities in making requests for reasonable accommodations and may aid housing
providers in assessing those requests so that there are no misunderstandings as to the nature of
the request, and, in the event of later disputes,provide records to show that the requests received
proper consideration.
A provider may not refuse a request, however,because the individual making the request
did not follow any formal procedures that the provider has adopted. If a provider adopts formal
procedures for processing reasonable accommodation requests, the provider should ensure that
the procedures, including any forms used, do not seek information that is not necessary to
evaluate if a reasonable accommodation may be needed to afford a person with a disability equal
opportunity to use and enjoy a dwelling. See Questions 16 - 18,which discuss the di sab ili ty-
related information that a provider may and may not request for the purposes of evaluating a
reasonable accommodation request.
14. Is a housing provider obligated to provide a reasonable accommodation to a
resident or applicant if an accommodation has not been requested?
No. A housing provider is only obligated to provide a reasonable accommodation to a
resident or applicant if a request for the accommodation has been made. A provider has notice
that a reasonable accommodation request has been made if a person, her family member, or
someone acting on her behalf requests a change,exception,or adjustment to a rule,policy,
practice, or service because of a disability, even if the words"reasonable accommodation" are
not used as part of the request.
15. What if a housing provider fails to act promptly on a reasonable
accommodation request?
A provider has an obligation to provide prompt responses to reasonable accommodation
requests. An undue delay in responding to a reasonable accommodation request may be deemed
to be a failure to provide a reasonable accommodation.
16. What inquiries, if any, may a housing provider make of current or potential
residents regarding the existence of a disability when they have not asked for an
accommodation?
Under the Fair Housing Act, it is usually unlawful for a housing provider to (1) ask if an
applicant for a dwelling has a disability or if a person intending to reside in a dwelling or anyone
associated with an applicant or resident has a disability, or(2) ask about the nature or severity of
such persons' disabilities. Housing providers may, however, make the following inquiries,
provided these inquiries are made of all applicants, including those with and without disabilities:
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• An inquiry into an applicant's ability to meet the requirements of tenancy;
• An inquiry to determine if an applicant is a current illegal abuser or addict
of a controlled substance;
• An inquiry to determine if an applicant qualifies for a dwelling legally
available only to persons with a disability or to persons with a particular
type of disability; and
• An inquiry to determine if an applicant qualifies for housing that is legally
available on a priority basis to persons with disabilities or to persons with
a particular disability.
Example 1: A housing provider offers accessible units to persons with
disabilities needing the features of these units on a priority basis. The provider
may ask applicants if they have a disability and if, in light of their disability,they
will benefit from the features of the units. However, the provider may not ask
applicants if they have other types of physical or mental impairments. If the
applicant's disability and the need for the accessible features are not readily
apparent, the provider may request reliable information/documentation of the
disability-related need for an accessible unit.
Example 2: A housing provider operates housing that is legally limited to
persons with chronic mental illness. The provider may ask applicants for
information needed to determine if they have a mental disability that would
qualify them for the housing. However, in this circumstance, the provider may
not ask applicants if they have other types of physical or mental impairments. If it
is not readily apparent that an applicant has a chronic mental disability,the
provider may request reliable information/documentation of the mental disability
needed to qualify for the housing.
In some instances, a provider may also request certain information about an applicant's or
a resident's disability if the applicant or resident requests a reasonable accommodation. See
Questions 17 and 18 below.
17. What kinds of information,if any,may a housing provider request from a
person with an obvious or known disability who is requesting a reasonable
accommodation?
A provider is entitled to obtain information that is necessary to evaluate if a requested
reasonable accommodation maybe necessary because of a disability. If a person's disability is
obvious, or otherwise known to the provider, and if the need for the requested accommodation is
also readily apparent or known, then the provider may not request any additional information
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about the requester's disability or the disability-related need for the accommodation.
If the requester's disability is known or readily apparent to the provider, but the need for
the accommodation is not readily apparent or known, the provider may request only information
that is necessary to evaluate the disability-related need for the accommodation.
Example 1: An applicant with an obvious mobility impairment who regularly
uses a walker to move around asks her housing provider to assign her a parking
space near the entrance to the building instead of a space located in another part of
the parking lot. Since the physical disability(i.e., difficulty walking) and the
disability-related need for the requested accommodation are both readily apparent,
the provider may not require the applicant to provide any additional information
about her disability or the need for the requested accommodation.
Example 2: A rental applicant who uses a wheelchair advises a housing provider
that he wishes to keep an assistance dog in his unit even though the provider has a
"no pets" policy. The applicant's disability is readily apparent but the need for an
assistance animal is not obvious to the provider. The housing provider may ask
the applicant to provide information about the disability-related need for the dog.
Example 3: An applicant with an obvious vision impairment requests that the
leasing agent provide assistance to her in filling out the rental application form as
a reasonable accommodation because of her disability. The housing provider may
not require the applicant to document the existence of her vision impairment.
18. If a disability is not obvious,what kinds of information may a housing provider
request from the person with a disability in support of a requested accommodation?
A housing provider may not ordinarily inquire as to the nature and severity of an
individual's disability(see Answer 16, above). However, in response to a request for a
reasonable accommodation, a housing provider may request reliable disability-related
information that(1) is necessary to verify that the person meets the Act's definition of disability
(i.e., has a physical or mental impairment that substantially limits one or more major life
activities), (2) describes the needed accommodation, and(3) shows the relationship between the
person's disability and the.need for the requested accommodation. Depending on the
individual's circumstances, information verifying that the person meets the Act's definition of
disability can usually be provided by the individual himself or herself(e.g., proof that an
individual under 65 years of age receives Supplemental Security Income or Social Security
Disability Insurance benefits10 or a credible statement by the individual). A doctor or other
10 Persons who meet the definition of disability for purposes of receiving Supplemental
Security Income ("SSI") or Social Security Disability Insurance ("SSDI")benefits in most cases
meet the definition of disability under the Fair Housing Act, although the converse may not be
true. See e.g., Cleveland v.Policy Management Systems Corp., 526 U.S. 795, 797 (1999)
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medical professional, a peer support group, a non-medical service agency, or a reliable third party
who is in a position to know about the individual's disability may also provide verification of a
disability. In most cases, an individual's medical records or detailed information about the nature
of a person's disability is not necessary for this inquiry.
Once a housing provider has established that a person meets the Act's definition of
disability, the provider's request for documentation should seek only the information that is
necessary to evaluate if the reasonable accommodation is needed because of a disability. Such
information must be kept confidential and must not be shared with other persons unless they
need the information to make or assess a decision to grant or deny a reasonable accommodation
request or unless disclosure is required by law(e.g., a court-issued subpoena requiring
disclosure).
19. If a person believes she has been unlawfully denied a reasonable
accommodation,what should that person do if she wishes to challenge that denial under the
Act?
When a person with a disability believes that she has been subjected to a discriminatory
housing practice, including a provider's wrongful denial of a request for reasonable
accommodation, she may file a complaint with HUD within one year after the alleged denial or
may file a lawsuit in federal district court within two years of the alleged denial. If a complaint is
filed with HUD, HUD will investigate the complaint at no cost to the person with a disability.
There are several ways that a person may file a complaint with HUD:
• By placing a toll-free call to 1-800-669-9777 or TTY 1-800-927-9275;
• By completing the "on-line" complaint form available on the HUD internet site:
http://www.hud.gov; or
• By mailing a completed complaint form or letter to:
Office of Fair Housing and Equal Opportunity
Department of Housing &Urban Development
451 Seventh Street, S.W., Room 5204
Washington, DC 20410-2000
(noting that SSDI provides benefits to a person with a disability so severe that she is unable to do
her previous woik and cannot engage in any other kind of substantial gainful work whereas a
person pursuing an action for disability discrimination under the Americans with Disabilities Act
may state a claim that"with a reasonable accommodation" she could perform the essential
functions of the job).
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Upon request, HUD will provide printed materials in alternate formats (large print,audio
tapes, or Braille) and provide complainants with assistance in reading and completing forms.
The Civil Rights Division of the Justice Department brings lawsuits in federal courts
across the country to end discriminatory practices and to seek monetary and other relief for
individuals whose rights under the Fair Housing Act have been violated. The Civil Rights
Division initiates lawsuits when it has reason to believe that a person or entity is involved in a
"pattern or practice" of discrimination or when there has been a denial of rights to a group of
persons that raises an issue of general public importance. The Division also participates as
amicus curiae in federal court cases that raise important legal questions involving the application
and/or interpretation of the Act. To alert the Justice Department to matters involving a pattern or
practice of discrimination, matters involving the denial of rights to groups of persons,or lawsuits
raising issues that may be appropriate for amicus participation, contact:
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section—G St.
950 Pennsylvania Avenue,N.W.
Washington, DC 20530
For more information on the types of housing discrimination cases handled by the Civil
Rights Division, please refer to the Housing and Civil Enforcement Section's website at
http://www.usdoj.gov/crt/housing/hcehome.html.
A HUD or Department of Justice decision not to proceed with a Fair Housing Act matter
does not foreclose private plaintiffs from pursuing a private lawsuit. However, litigation can be
an expensive, time-consuming, and uncertain process for all parties. HUD and the Department of
Justice encourage parties to Fair Housing Act disputes to explore all reasonable alternatives to
litigation, including alternative dispute resolution procedures, such as mediation. HUD attempts
to conciliate all Fair Housing Act complaints. In addition, it is the Department of Justice's policy
to offer prospective defendants the opportunity to engage in pre-suit settlement negotiations,
except in the most unusual circumstances.
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