Public Housing Occupancy Guidebook - HUD.gov / U.S ...

1 Public Housing Occupancy Guidebook Department of Housing and Urban Development Office of Public and Indian Housing Office of Public Housing and Voucher Programs Public Housing Management and Occupancy Division June 2003. Public Housing Occupancy Guidebook Table of Contents INTRODUCTION ..1. Part 1: Civil Rights ..2. Part 2: Part 3: Public Housing Income and Program Rents ..3. Part 4: Continued Part 5: The Public Housing Lease ..5. Part 6: Grievance Part 7: Domestic Violence ..6. Appendices ..7. PART 1: CIVIL RIGHTS AND NONDISCRIMINATION REQUIREMENTS.

2 CHAPTER 1. CIVIL RIGHTS AND NONDISCRIMINATION REQUIREMENTS ..9. General Provisions ..9. Nondiscrimination Fair Housing Act - 42 3601 (also known as Title VIII of the Civil Rights Act). (24 CFR Part 100 et seq).. 10. Title VI of the Civil Rights Act of 1964 (24 CFR Part 1).. 11. Section 504 of the Rehabilitation Act of 1973 (24 CFR Part 8) .. 12. Title II of the Americans with Disabilities 12. Age Discrimination Act of 1975 (24 CFR Part 146) .. 13. Obligation to Affirmatively Further Fair Housing (24 CFR (b)) .. 13. Improving Access to Services for Persons with Limited English Proficiency (LEP).

3 13. Other Applicable Laws and Regulations .. 14. Effect of More than One Applicable Law or 14. Program Reporting and Record Keeping (24 CFR and 24 CFR (b)).. 14. Discrimination 15. Affirmative Disability-Related Civil Rights Requirements Under Section 504 of the Rehabilitation Act and the Fair Housing Act ..15. Who is a Person with a Disability under Federal Civil Rights Laws .. 15. Exclusion of Individuals Who Pose a Direct Threat to Health or Safety of 17. Accessibility in 17. Reasonable 17. Reasonable Accommodations in the Admissions/ Occupancy 18.

4 Civil Rights Requirements Related to Verification/Inquiries About Disability (24 CFR ).. 19. Affirmative Marketing and Other Affirmative Obligations ..20. PART 2: ADMISSIONS TO Public Housing . CHAPTER 2. ELIGIBILITY FOR Annual Income (24 CFR ) ..23. Income for Eligibility .. 23. i Public Housing Occupancy Guidebook Defiinition of Annual Income .. 24. Eligible Family Status (24 CFR ) ..24. Definitions of Eligible Families .. 24. Citizenship and Eligible Immigrant Status (24 CFR ).. 27. Disclosure of Social Security Numbers (24 CFR ).

5 28. Ineligibility Because of Criminal Activity (24 CFR ).. 28. CHAPTER 3. WAITING LIST ADMINISTRATION ..29. Entering New Applications on the Waiting List ..30. Opening and Closing the Waiting List or Sub-List ..31. Essential Application Information for Waiting List Community-Wide and Site-Based Waiting Lists ..32. Moving From Community-Wide to Site-Based Waiting List ..33. Preferences ..33. Considerations Before Applying Preferences .. 34. Local and Ranking 34. Change in Preference Status While on the Waiting List.

6 37. Meeting for Applicants Denied a Preference (24 CFR (g)) .. 37. Updating a Waiting List ..38. Preparing the Update Package .. 38. Disseminating the Update Package .. 38. Applicants Who Fail to Respond: Second Notice .. 39. Reasonable Accommodation of Applicants with Disabilities .. 39. Completing the Waiting List Update .. 40. Removing Applicants from the Waiting Withdrawing an Application From the Waiting 40. Rejecting an Application for Public Housing (24 CFR ).. 41. Removing or Dropping an Application for Refusal of a Unit 42.

7 Designated Designated Housing Plan (PIH Notice 97-12) ..42. Implementing a Designated Housing Plan ..44. CHAPTER 4. QUALIFICATION FOR ADMISSION: APPLICANT SELECTION CRITERIA ..47. Selection Policy and Procedures ..47. Applicant Screening: The Policy Screening Procedures ..49. The Application Form and Explaining the Screening Techniques and Procedures Used to Check an Applicant's History ..50. Past Performance Meeting Financial Obligations, Especially Rent (24 CFR (c)(1)).. 50. Disturbance of Neighbors, Destruction of Property or Living or Housekeeping Habits at Prior Residences that May Adversely Affect the Health, Safety or Welfare of Other Tenants, or Cause Damage to the Unit or the Development (24 CFR (c)(2)).

8 51. Involvement in Criminal Activity on the Part of Any Applicant Family Member that Would ii Public Housing Occupancy Guidebook Adversely Affect the Health, Safety or Right to Peaceful Enjoyment of the Premises by Other Tenants (24 CFR (c)(3) and ).. 53. Questions on History or Current Use of Illegal 54. A Record of Eviction from Housing or Termination from Residential 54. Ability to Comply with the Terms of the PHA 55. Misrepresentation of any Information Related to Eligibility, Preferences, Allowances, Family Composition or 55.

9 Processing the Screening Verification Forms ..55. Preliminary Recommendation of Admission or Rejection ..56. Notice and Right to Dispute Applicants with Role of Residents in Applicant Selection (24 CFR ) ..61. CHAPTER 5. Occupancy GUIDELINES ..62. State and Local Sizes and Configuration of PHA Capacity of Sites, Systems and Infrastructure ..63. Individual Family Characteristics ..63. Making the Best Use of Available CHAPTER 6. PROCESSING APPLICATIONS ..67. Compliance with Law, Regulations and PHA Policies ..68. Accessibility and Plain Language (24 CFR and ).

10 68. Accepting Applications for Initial Eligibility Determination (24 CFR )..70. Applying the Preference System (24 CFR )..71. Completing/Updating the Application ..72. Applying Applicant Selection Criteria (24 CFR 205)..73. Income Targeting, Income Mixing and Income Targeting (24 CFR ).. 74. Unit Assignment ..75. Applicant Selection Criteria Determination .. 76. Waiting List 76. Occupancy Standards .. 76. Accessibility 77. Unit Offers to Applicants ..77. Leasing ..78. Pre- Occupancy Training or CHAPTER 7. VERIFICATION STANDARDS.