Public Housing Admissions and Continued Occupancy Policies

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Public Housing

Admissions and Continued

Occupancy Policies

2023

Approved by HABC Board of

Commissioners: October 18, 2022

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SUMMARY TABLE OF CONTENTS 
 
 
CHAPTER 1: GENERAL POLICIES .................................................................................................. 1-1 
CHAPTER 2: FAIR HOUSING AND EQUAL OPPORTUNITY .................................................... 2-1 
CHAPTER 3: APPLICATION & WAITING LIST ........................................................................... 3-1 
CHAPTER 4: ELIGIBILITY FOR ADMISSION ............................................................................... 4-1 
CHAPTER 5: TENANT SELECTION AND ASSIGNMENT PLAN ............................................... 5-1 
CHAPTER 6: OCCUPANCY GUIDELINES ...................................................................................... 6-1 
CHAPTER 7: VERIFICATION ........................................................................................................... 7-1 
CHAPTER 8: INCOME & ADJUSTED INCOME ........................................................................... 8-19 
CHAPTER 9: CALCULATING TOTAL TENANT PAYMENT & RENT ...................................... 9-1 
CHAPTER 10: TRANSFER 
PO
LICY ............................................................................................... 10-1 
CHAPTER 11: LEASING ................................................................................................................... 11-1 
CHAPTER 12: INSPECTIONS
 .......................................................................................................... 12-1 
CHAPTER 13: PET POLICY ............................................................................................................ 13-1 
CHAPTER 14: REEXAMINATIONS & CONTINUED OCCUPANCY ........................................ 14-1 
CHAPTER 15: LEASE TER
M
INATI
O
NS ....................................................................................... 15-1 
CHAPTER 16: INFORMAL HEARINGS FOR APPLICANTS ..................................................... 16-1 
CHAPTER 17: INFORMAL HEARINGS: NON-CITIZENS ................................................ 17-1PRO 
CHAPTER 18: COMPLAINTS AND GRIEVANCES ..................................................................... 18-1 
CHAPTER 19: COMMUNITY SERVIC
E
 ........................................................................................ 19-1 

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CHAPTER 20: RECORD KEEPING ................................................................................................ 20-1 
CHAPTER 21: PROGRAM INTEGRITY ........................................................................................ 21-1 
CHAPTER 22: RENTAL ASSISTANCE DEMONSTRATION (RAD) POLICY ........................ 22-1 
CHAPTER 23:
 SCATTERED SITE HOMEOWNERSHIP 
P
LAN ................................................ 23-1 
APPENDIX A: ACRONYMS USED IN PUBLIC HOUSING ........................................................... A-1 
APPENDIX B: GLOSSARY OF ACOP TERMS ................................................................................ B-1 
APPENDIX C: SMOKE-FREE POLICY ............................................................................................. C-1 
APPENDIX D: FEDERALLY MANDATED INCOME EXCLUSIONS ........................................... D-1 
APPENDIX E: VAWA EMERGENCY TRANSFER PLAN ................................................... E-1 
APPENDIX F: PET POLICY FOR FAMILY DEVELOPMENTS ......................................... F-1 
APPENDIX G: OVER-INCOME LIMITS ................................................................................... G-1 
APPENDIX H: RESIDENT GRIEVANCE POLICY AND PROCEDURES....................... H-1 
APPENDIX I: LONG TERM AFFORDABILITY CRITERIA .......................................................... I-1 
 
APPENDIX J: HABC DWELLING LEASE 

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TABLE OF CONTENTS 
CHAPTER 1: GENERAL POLICIES .................................................................................................. 1-1 
1 INTRODUCTION ............................................................................................................................................. 1-1 
2 PURPOSE OF THE POLICY ............................................................................................................................... 1-1 
3 LOCAL OBJECTIVES ........................................................................................................................................ 1-1 
4 MTW AGREEMENT  OBJECTIVES .................................................................................................................... 1-2 
5 IDENTIFYING MTW AND NON-MTW POLICIES ............................................................................................... 1-2 
6 IDENTIFYING MTW POLICY ADDITIONS AND MODIFICATION ........................................................................ 1-2 
7 PRIVACY RIGHTS ........................................................................................................................................... 1-3 
8 SMOKE-FREE POLICY ..................................................................................................................................... 1-4 
9 POSTING OF REQUIRED INFORMATION ......................................................................................................... 1-4 
10 TERMINOLOGY ............................................................................................................................................ 1-5 
CHAPTER 2: FAIR HOUSING AND EQUAL OPPORTUNITY .................................................... 2-1 
1 FAIR HOUSING POLICY .................................................................................................................................. 2-1 
2 MONITORING AND ENFORCEMENT OF HABC’S POLICY AND PROGRAMS ..................................................... 2-2 
3 COMPLIANCE WITH ACCESSIBILITY REQUIREMENTS ..................................................................................... 2-2 
4 REASONABLE ACCOMMODATIONS POLICY ................................................................................................... 2-2 
4.1 Verification of Disability ............................................................................................................................... 2-3 
4.2 Reexamination by Mail ................................................................................................................................ 2-3 
4.3 Home Visits .................................................................................................................................................. 2-3 
4.4 Other Accommodations ............................................................................................................................... 2-3 
5 LANGUAGE INTERPRETATION, TRANSLATION OF DOCUMENTS .................................................................... 2-4 
5.1 Language Assistance .................................................................................................................................... 2-4 
6 FAMILY OUTREACH ....................................................................................................................................... 2-4 
7 VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT AND/OR STALKING ....................... 2-5 
7.1 Definitions as Used in the Violence Against Women Act ............................................................................. 2-5 
7.2 Confidentiality Requirements – VAWA ........................................................................................................ 2-6 
7.3 VAWA Self-Petitioners ................................................................................................................................. 2-6 
7.4 Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault 
and Stalking ........................................................................................................................................................... 2-7 
7.5 Prohibition Against Termination of Assistance Related to Victims of Domestic Violence, Dating Violence, 
Sexual Assault and Stalking ................................................................................................................................... 2-7 

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7.6 Notification to Applicants & Residents Regarding Protections Under VAWA ............................................. 2-8 
7.7 Victim Documentation ................................................................................................................................. 2-9 
7.8 Conflicting Documentation ........................................................................................................................ 2-10 
7.9 Discretion to Require No Formal Documentation ..................................................................................... 2-10 
7.10 Failure to Provide Documentation ........................................................................................................... 2-10 
7.11 VAWA Record Retention .......................................................................................................................... 2-10 
CHAPTER 3: APPLICATION & WAITING LIST ........................................................................... 3-1 
1 INTRODUCTION ............................................................................................................................................. 3-1 
2 WHO MAY APPLY .......................................................................................................................................... 3-1 
3 APPLYING FOR HOUSING ASSISTANCE .......................................................................................................... 3-1 
4 PRELIMINARY APPLICATION (PRE-APPLICATION) TO PH  & PLACEMENT ON WAITING LIST ........................... 3-1 
5 INFORMATION CONTAINED ON THE WAITING LIST ....................................................................................... 3-2 
6 TYPES OF WAITING LISTS ............................................................................................................................... 3-3 
7 ADMINISTRATION OF THE WAITING LIST ...................................................................................................... 3-4 
8 CLOSING THE WAITING LISTS ........................................................................................................................ 3-5 
9 OPENING THE WAITING LIST ......................................................................................................................... 3-6 
10 UPDATING & PURGING THE WAITING LIST .................................................................................................. 3-6 
11 REMOVAL FROM THE WAITING LIST............................................................................................................ 3-7 
12 FAMILY OUTREACH ..................................................................................................................................... 3-8 
13 REPORTING CHANGES WHILE ON THE WAITING LIST .................................................................................. 3-8 
13.1 Changes in Family Composition ................................................................................................................. 3-8 
13.2 Changes in Site Selection ........................................................................................................................... 3-8 
13.3 Changes in Preference ............................................................................................................................... 3-9 
13.4 Changes in Type Of Waiting List................................................................................................................. 3-9 
14 SPLIT HOUSEHOLDS WHILE ON THE WAITING LIST ...................................................................................... 3-9 
15 MULTIPLE FAMILIES IN SAME HOUSEHOLD ............................................................................................... 3-10 
CHAPTER 4: ELIGIBILITY FOR ADMISSION ............................................................................... 4-1 
1 INTRODUCTION ............................................................................................................................................. 4-1 
2 DEFINITIONS ................................................................................................................................................. 4-1 
2.1 Family ........................................................................................................................................................... 4-1 
2.2 Household .................................................................................................................................................... 4-2 
2.3 Elderly Persons ............................................................................................................................................. 4-2 
2.4 Near-Elderly Persons .................................................................................................................................... 4-2 

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2.5 Elderly Family ............................................................................................................................................... 4-2 
2.6 Non-elderly Person with a Disability Family ................................................................................................ 4-3 
2.7 Head of Household ...................................................................................................................................... 4-3 
2.8 Spouse of Head of Household ...................................................................................................................... 4-3 
2.9 Co-head ........................................................................................................................................................ 4-3 
2.10 Adult/Other Adult ...................................................................................................................................... 4-4 
2.11 Other Definitions ....................................................................................................................................... 4-4 
3 FOSTER CHILDREN AND FOSTER ADULTS ....................................................................................................... 4-4 
4 LIVE-IN AIDE .................................................................................................................................................. 4-4 
5 JOINT CUSTODY OF DEPENDENTS ................................................................................................................. 4-5 
6 REQUIREMENT TO ATTEND INTERVIEW ........................................................................................................ 4-6 
7 COMPLETION OF A FULL APPLICATION .......................................................................................................... 4-7 
8 VERIFYING FACTORS FOR ELIGIBILITY ............................................................................................................ 4-7 
9 QUALIFICATION FOR ADMISSION .................................................................................................................. 4-8 
10 DESIGNATED HOUSING ............................................................................................................................... 4-8 
11 ELIGIBILITY AND SCREENING CRITERIA ........................................................................................................ 4-8 
11.1 Preference Verification .............................................................................................................................. 4-8 
11.2 Legal Capacity of the Head of Household .................................................................................................. 4-9 
11.3 Income Limits for Eligibility ........................................................................................................................ 4-9 
11.4 Mandatory Social Security Numbers ......................................................................................................... 4-9 
11.5 Citizenship/Eligible Immigration Status ................................................................................................... 4-10 
11.6 Mixed Families ......................................................................................................................................... 4-10 
11.7 No Eligible Members ................................................................................................................................ 4-11 
11.8 Non-citizen Students ................................................................................................................................ 4-11 
11.9 Occupancy by Police Officers ................................................................................................................... 4-11 
12 OTHER ELIGIBILITY CRITERIA ..................................................................................................................... 4-11 
13 ADMINISTRATION OF SCREENING ............................................................................................................. 4-12 
14 DEFINITIONS RELATED TO SCREENING ...................................................................................................... 4-12 
15 ENTERPRISE INCOME VERIFICATION (EIV) SCREENNG ............................................................................... 4-13 
16 DEBT SCREENING ...................................................................................................................................... 4-14 
16.1 Denial for Debt to HABC .......................................................................................................................... 4-14 
17 CRIMINAL BACKGROUND SCREENING ....................................................................................................... 4-15 
18 DENIALS .................................................................................................................................................... 4-16 
18.1 Mandatory Denials ................................................................................................................................... 4-16 
18.2 Other Denials ........................................................................................................................................... 4-16 
19 CONFIDENTIALITY OF CRIMINAL RECORDS ................................................................................................ 4-17 

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20 DISCLOSURE OF CRIMINAL RECORDS TO APPLICANT ................................................................................. 4-18 
21 TENANT READINESS TRAINING .................................................................................................................. 4-18 
22 SCREENING FOR SUITABILITY .................................................................................................................... 4-18 
22.1 Rent Paying Habits ................................................................................................................................... 4-19 
23 ESTIMATION OF DATE OF OCCUPANCY ..................................................................................................... 4-20 
24 DOCUMENTING FINDINGS RELATED TO SCREENING .................................................................................. 4-20 
25 PROHIBITED CRITERIA FOR DENIAL OF ADMISSION ................................................................................... 4-21 
26 OWNER SELECTION OF TENANTS ............................................................................................................... 4-21 
27 OWNER DENIAL OF ADMISSION ................................................................................................................ 4-22 
28 HEARINGS ................................................................................................................................................. 4-22 
CHAPTER 5: TENANT SELECTION AND ASSIGNMENT PLAN ............................................... 5-1 
1 INTRODUCTION ............................................................................................................................................. 5-1 
2 WAITING LIST PREFERENCES ......................................................................................................................... 5-1 
3 LOCAL PREFERENCES ..................................................................................................................................... 5-1 
4 SPECIAL HOUSING INITIATIVES ...................................................................................................................... 5-2 
4.1 Homeless Families Referred by the Mayor’s Office of Homeless Services (OHS) ........................................ 5-3 
5 ORDER OF SELECTION ................................................................................................................................... 5-3 
6 ORDER OF SELECTION FOR THE 22 SCATTERED SITES THOMPSON UNITS ....................................................... 5-5 
7 PROHIBITION ON SELECTION LIMITS FOR MIXED POPULATION DEVELOPMENTS .......................................... 5-6 
8 UNIT OFFERS ................................................................................................................................................. 5-6 
8.1 Unit Offers for Applicants on the CALBWL Only .......................................................................................... 5-6 
8.2 Unit Offers for Applicants on the CALBWL and CAMPBWL ......................................................................... 5-7 
8.3 Unit Offers for Applicants on the CAMPBWL Only ...................................................................................... 5-7 
8.4 Unit Offers for Applicants on the CAFAWL .................................................................................................. 5-7 
8.5 Unit Offers for Project-Based Units Covered under the LTA Criteria ........................................................... 5-7 
9 UNITS/DEVELOPMENTS INCLUDED IN THE CAMPBWL .................................................................................. 5-7 
10 OFFER OF ACCESSIBLE UNITS ....................................................................................................................... 5-9 
11 PREFERENCE DENIAL ................................................................................................................................... 5-9 
12 LOW INCOME FAMILY ADMISSIONS .......................................................................................................... 5-10 
13 UNITS DESIGNATED FOR THE ELDERLY ...................................................................................................... 5-10 

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14 CHANGES PRIOR TO UNIT OFFER ............................................................................................................... 5-10 
15 TIME LIMIT FOR ACCEPTANCE OF UNIT ...................................................................................................... 5-11 
16 UNIT ACCCEPTANCE: UNIT OUTSIDE OF HABC OCCUPANCY STANDARDS .................................................. 5-11 
17 UNIT REFUSAL ........................................................................................................................................... 5-11 
18 GOOD CAUSE FOR UNIT REFUSAL .............................................................................................................. 5-11 
CHAPTER 6: OCCUPANCY GUIDELINES ...................................................................................... 6-1 
1 INTRODUCTION ............................................................................................................................................. 6-1 
2 DETERMINING UNIT SIZE ............................................................................................................................... 6-1 
3 PARAMETERS FOR DETERMINATION OF UNIT SIZE........................................................................................ 6-1 
4 EXCEPTIONS TO OCCUPANCY GUIDELINES..................................................................................................... 6-2 
5 ACCESSIBLE UNITS ......................................................................................................................................... 6-3 
6 FAMILY MOVES ............................................................................................................................................. 6-4 
CHAPTER 7: VERIFICATION ........................................................................................................... 7-1 
1 INTRODUCTION ............................................................................................................................................. 7-1 
2 FAMILY CONSENT TO RELEASE OF INFORMATION ......................................................................................... 7-1 
3 VERIFICATION HIERARCHY ............................................................................................................................ 7-1 
4 OVERVIEW OF VERIFICATION REQUIREMENTS .............................................................................................. 7-2 
5 UP-FRONT INCOME VERIFICATION (UIV) ....................................................................................................... 7-3 
6 ENTERPRISE INCOME VERIFICATION (EIV) SYSTEM ........................................................................................ 7-3 
6.1 Income Validation Tool ((IVT) ...................................................................................................................... 7-3 
6.2 EIV Income Reports ...................................................................................................................................... 7-4 
6.3 EIV Identity Verification ............................................................................................................................... 7-5 
7 THIRD-PARTY WRITTEN VERIFICATION .......................................................................................................... 7-5 
8 WRITTEN THIRD-PARTY VERIFICATION FORM ............................................................................................... 7-5 
9 ORAL THIRD-PARTY VERIFICATION ................................................................................................................ 7-5 
10 WHEN THIRD-PARTY VERIFICATION IS NOT REQUIRED................................................................................ 7-6 
11 SELF-CERTIFICATION .................................................................................................................................... 7-6 
12 RESIDENT FAILS TO RESPOND TO VERIFICATION REQUEST .......................................................................... 7-6 

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13 SUBSTANTIAL DIFFERENCE .......................................................................................................................... 7-7 
14 FRAUD ......................................................................................................................................................... 7-7 
15 SOCIAL SECURITY NUMBERS ....................................................................................................................... 7-7 
16 DOCUMENTATION OF AGE .......................................................................................................................... 7-8 
17 MARRIAGE .................................................................................................................................................. 7-8 
18 SEPARATION OR DIVORCE ........................................................................................................................... 7-9 
19 ABSENCE OF ADULT MEMBER ..................................................................................................................... 7-9 
20 FOSTER CHILDREN AND FOSTER ADULTS ..................................................................................................... 7-9 
21 VERIFICATION OF STUDENT STATUS ............................................................................................................ 7-9 
22 VERIFICATION OF DISABILITY ...................................................................................................................... 7-9 
23 VERIFICATION OF U.S. CITIZENSHIP AND OF ELIGIBLE IMMIGRATION STATUS .......................................... 7-10 
24 VERIFYING INCOME ................................................................................................................................... 7-10 
24.1 Earned Income ......................................................................................................................................... 7-10 
24.2 Business & Self-Employment Income ...................................................................................................... 7-11 
24.3 Social Security (“SS”)/Supplemental Security Income (“SSI”) Benefits .................................................... 7-11 
24.4 Alimony or Child Support ......................................................................................................................... 7-12 
25 ASSETS AND INCOME FROM ASSETS ......................................................................................................... 7-12 
25.1 Assets Disposed of for Less than Fair Market Value ................................................................................ 7-13 
25.2 Net Income from Rental Property ........................................................................................................... 7-14 
26 RETIREMENT ACCOUNTS ........................................................................................................................... 7-14 
27 INCOME FROM EXCLUDED SOURCES ......................................................................................................... 7-14 
28 ZERO, MINIMAL INCOME HOUSEHOLDS & TEMPORARY/SPORADIC INCOME HOUSEHOLDS ..................... 7-15 
29 VERIFYING MANDATORY DEDUCTIONS ..................................................................................................... 7-16 
29.1 Dependent and Elderly/Disabled Household Deductions ........................................................................ 7-16 
29.2 Medical Expense Deduction ..................................................................................................................... 7-16 
29.3 Disability Assistance Expenses ................................................................................................................. 7-16 
29.4 Child Care Expenses ................................................................................................................................. 7-17 
CHAPTER 8: INCOME & ADJUSTED INCOME ........................................................................... 8-19 
1 INTRODUCTION ........................................................................................................................................... 8-19 
2 MINIMUM INCOME ..................................................................................................................................... 8-19 
3 ANNUAL INCOME ........................................................................................................................................ 8-19 

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4 ANNUAL INCOME EXCLUSIONS ................................................................................................................... 8-21 
5 ANTICIPATING ANNUAL INCOME ................................................................................................................ 8-23 
6 KNOWN CHANGES IN INCOME .................................................................................................................... 8-23 
7 ROUNDING OF INCOME AND DEDUCTIONS ................................................................................................. 8-24 
8 WAGES ........................................................................................................................................................ 8-24 
9 BUSINESS INCOME ...................................................................................................................................... 8-25 
10 MILITARY PAY ........................................................................................................................................... 8-26 
11 ALIMONY AND CHILD SUPPORT ................................................................................................................ 8-26 
12 CHILDREN’S EARNINGS .............................................................................................................................. 8-26 
13 INCOME OF A LIVE-IN AIDE ....................................................................................................................... 8-26 
14 INCOME OF FOSTER CHILDREN AND FOSTER ADULTS ................................................................................ 8-26 
15 SEASONAL INCOME ................................................................................................................................... 8-27 
16 INCOME OF PERSON PERMANENTLY CONFINED TO NURSING HOME ........................................................ 8-27 
17 INCOME OF A PERSON MOVING INTO PUBLIC HOUSING FROM A NURSING HOME .................................. 8-27 
18 INCOME OF TEMPORARILY ABSENT FAMILY MEMBERS ............................................................................ 8-28 
19 INCOME OF NEW FAMILY MEMBERS ADDED TO THE LEASE....................................................................... 8-28 
20 TEMPORARY AND SPORADIC INCOME ...................................................................................................... 8-28 
21 WAGES FROM EMPLOYMENT WITH THE HABC OR A RESIDENT ORGANIZATION ....................................... 8-28 
22 CONTRIBUTIONS TO RETIREMENT FUNDS ................................................................................................. 8-29 
23 INCOME EARNED UNDER CERTAIN FEDERAL PROGRAMS .......................................................................... 8-29 
24 RESIDENT SERVICE STIPEND ...................................................................................................................... 8-29 
25 STATE AND LOCAL EMPLOYMENT TRAINING PROGRAMS ......................................................................... 8-30 
26 HUD-FUNDED TRAINING PROGRAMS ........................................................................................................ 8-31 
27 EARNED INCOME TAX CREDIT ................................................................................................................... 8-31 
28 LUMP-SUM RECEIPTS ................................................................................................................................ 8-31 
29 IMPUTED WELFARE INCOME ..................................................................................................................... 8-32 
30 EARNED INCOME DISREGARD (EID) ........................................................................................................... 8-34 

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31 TREATMENT OF OVERPAYMENT DEDUCTIONS FROM SS BENEFITS ........................................................... 8-36 
32 FULL TIME STUDENT INCOME EXCLUSION ................................................................................................. 8-36 
33 ASSET INCOME .......................................................................................................................................... 8-36 
34 ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE ...................................................................... 8-37 
35 CHECKING AND SAVINGS ACCOUNTS ........................................................................................................ 8-37 
36 INVESTMENT ACCOUNTS SUCH AS STOCKS, BONDS, SAVING CERTIFICATES, AND MONEY MARKET FUNDS . 8-

37 LIFE INSURANCE ........................................................................................................................................ 8-38 
38 PASSBOOK SAVINGS RATE......................................................................................................................... 8-38 
39 ADJUSTED INCOME ................................................................................................................................... 8-39 
40 DEDUCTIONS ............................................................................................................................................. 8-39 
41 MEDICAL EXPENSE DEDUCTION ................................................................................................................ 8-39 
42 DISABILITY ASSISTANCE EXPENSE DEDUCTION .......................................................................................... 8-40 
43 CHILD CARE EXPENSE DEDUCTION ............................................................................................................ 8-42 
CHAPTER 9: CALCULATING TOTAL TENANT PAYMENT & RENT ...................................... 9-1 
1 INTR
O
DUCTI
O
N ............................................................................................................................................. 9-1 
2 TOTAL TENANT PAYMENT FORMULA (TTP) FOR INCOME BASED RENT ......................................................... 9-1 
3 TOTAL TENANT PAYMENT FOR OVER-INCOME FAMILIES .............................................................................. 9-1 
4 MINIMUM RENT ............................................................................................................................................ 9-1 
5 FLAT RENTS ................................................................................................................................................... 9-1 
5.1 Establishing Flat Rents ................................................................................................................................. 9-2 
5.2 Review of Flat Rents ..................................................................................................................................... 9-2 
5.3 Posting of Flat Rents .................................................................................................................................... 9-2 
5.4 Documentation of Flat Rents ....................................................................................................................... 9-2 
5.5 Phasing In Flat Rents Increases .................................................................................................................... 9-3 
5.6 Changing from Flat Rent to Income-Based Rent Due to Hardship ............................................................... 9-3 
5.7 Flat Rent and Transfers ................................................................................................................................ 9-3 
5.8 Flat Rents and Earned Income Disallowance (EID) ...................................................................................... 9-3 
5.9 Prorated Assistance for Mixed Families ....................................................................................................... 9-4 
6 MAXIMUM RENT AT PRIVATELY OWNED/MANAGED SITES .......................................................................... 9-6 
7 FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT .................................................................................... 9-6 
7.1 Determination of Rent Hardship Exemption ............................................................................................... 9-7 

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7.2 No Financial Hardship .................................................................................................................................. 9-7 
7.3 Temporary Hardship .................................................................................................................................... 9-7 
7.4 Long-Term Hardship .................................................................................................................................... 9-7 
8 UTILITY ALLOWANCES ................................................................................................................................... 9-8 
8.1 Establishing the Utility Allowances .............................................................................................................. 9-8 
8.2 Utility Allowance Revisions .......................................................................................................................... 9-9 
8.3 Surcharges For HABC-Furnished Utilities ..................................................................................................... 9-9 
8.4 Notice Requirements – Utilities ................................................................................................................... 9-9 
8.5 Utility Allowance Reasonable Accommodation ......................................................................................... 9-10 
8.6 Resident–Paid Utilities ............................................................................................................................... 9-10 
8.7 Utility Reimbursement ............................................................................................................................... 9-11 
CHAPTER 10: TRANSFER 
PO
LICY ............................................................................................... 10-1 
1 INTRODUCTION ......................................................................................................................................... 10-1 
2 GENERAL STATEMENT ............................................................................................................................... 10-1 
3 ELIGIBILITY FOR TRANSFER ........................................................................................................................ 10-2 
4 TRANSFERS PURSUANT TO AN HABC MEMORANDUM OF UNDERSTANDING (MOU) ................................ 10-2 
5 TYPES OF TRANSFERS ................................................................................................................................ 10-3 
6 EMERGENCY TRANSFERS TO ADDRESS HEALTH, SAFETY, AND HABITABILITY ISSUES ................................ 10-3 
7 EMERGENCY VAWA TRANSFERS ................................................................................................................ 10-3 
8 EMERGENCY INTIMIDATED CRIME VICTIM/INTIMIDATED CRIME WITNESS TRANSFERS ............................ 10-4 
9 ADMINISTRATIVE TRANSFERS ................................................................................................................... 10-5 
10 IMMEDIATE NEEDS TRANSFERS ............................................................................................................... 10-5 
11 REASONABLE ACCOMMODATION TRANSFERS ........................................................................................ 10-5 
12 TRANSFERS DUE TO DEMOLITION, DISPOSITION, REVITALIZATION, OR REHABILITATION ....................... 10-6 
13 TRANSFERS FROM AN ACCESSIBLE UNIT ................................................................................................. 10-6 
14 SEVERELY OVER/UNDER-HOUSED CATEGORY ......................................................................................... 10-7 
15 OVER/UNDER-HOUSED CATEGORY ......................................................................................................... 10-7 
16 FAMILY SPLITS ......................................................................................................................................... 10-7 
17 HABC INITIATED TRANSFERS ................................................................................................................... 10-7 
18 RESIDENT-INITIATED TRANSFERS ............................................................................................................ 10-8 
19 TRANSFER WAITING LISTS ....................................................................................................................... 10-8 

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20 MOVING COSTS ..................................................................................................................................... 10-10 
21 SECURITY DEPOSITS .............................................................................................................................. 10-10 
22 PROCESSING TRANSFERS ....................................................................................................................... 10-10 
23 UNIT OFFERS FOR TRANSFERS ............................................................................................................... 10-11 
24 RENT ADJUSTMENTS FOR TRANSFERRED RESIDENTS ............................................................................ 10-11 
25 RE-EXAMINATION DATE ........................................................................................................................ 10-11 
CHAPTER 11: LEASING ................................................................................................................... 11-1 
1 INTRODUCTION ......................................................................................................................................... 11-1 
2 LEASE TERM & RENEWAL .......................................................................................................................... 11-1 
3 EXECUTION OF LEASE ................................................................................................................................ 11-1 
4 MODIFICATIONS TO THE LEASE ................................................................................................................. 11-2 
4.1 Changes in Family Composition ............................................................................................................... 11-2 
5 TERMINATION OF THE LEASE..................................................................................................................... 11-2 
6 SECURITY DEPOSITS .................................................................................................................................. 11-2 
7 PET DEPOSIT .............................................................................................................................................. 11-4 
8 LEASING ACCESSIBLE UNITS ....................................................................................................................... 11-4 
9 LEASE ORIENTATION ON PROGRAM REQUIREMENTS ............................................................................... 11-4 
10 RENT PAYMENTS ..................................................................................................................................... 11-5 
11 FEES AND NON-PAYMENT PENALTIES ...................................................................................................... 11-5 
12 POSTING SCHEDULES OF CHARGES AND UTILITY ALLOWANCES .............................................................. 11-5 
13 MAINTENANCE & DAMAGE CHARGES ..................................................................................................... 11-6 
14 UTILITY PAYMENTS ................................................................................................................................. 11-6 
15 PEST CONTROL ACTIVITIES ...................................................................................................................... 11-6 
CHAPTER 12: INSPECTIONS
 .......................................................................................................... 12-1 
1 INSPECTIONS ............................................................................................................................................. 12-1 
2 MOVE-IN INSPECTIONS ............................................................................................................................. 12-1 
3 VACATE INSPECTIONS ............................................................................................................................... 12-1 

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4 PREVENTIVE MAINTENANCE INSPECTIONS ............................................................................................... 12-1 
5 UNIFORM PHYSICAL CONDITION STANDARDS INSPECTIONS ..................................................................... 12-1 
6 QUALITY CONTROL (QC) INSPECTIONS ....................................................................................................... 12-2 
7 UNIT INSPECTIONS ..................................................................................................................................... 12-2 
8 OTHER INSPECTIONS ................................................................................................................................. 12-2 
9 EMERGENCY INSPECTIONS ........................................................................................................................ 12-2 
10 NOTICE OF ENTRY .................................................................................................................................... 12-2 
10.1 Emergency Entries ................................................................................................................................. 12-3 
10.2 Non-Emergency Entries ......................................................................................................................... 12-3 
11 UNIT INSPECTION VIOLATIONS.................................................................................................................. 12-3 
12 RESIDENT DAMAGES ............................................................................................................................... 12-4 
13 EMERGENCY REPAIRS .............................................................................................................................. 12-4 
14 NON-EMERGENCY REPAIRS ..................................................................................................................... 12-5 
CHAPTER 13: PET POLICY ............................................................................................................ 13-1 
1 INTRODUCTION ......................................................................................................................................... 13-1 
CHAPTER 14: REEXAMINATIONS & CONTINUED OCCUPANCY ........................................ 14-1 
1 INTRODUCTION ......................................................................................................................................... 14-1 
2 ELIGIBILITY FOR CONTINUED OCCUPANCY ................................................................................................ 14-1 
3 OVER-INCOME FAMILIES ........................................................................................................................... 14-1 
4 REEXAMINATION FREQUENCY .................................................................................................................. 14-2 
5 REEXAMINATION NOTICE TO THE FAMILY ................................................................................................. 14-3 
6 PERSONS WITH DISABILITIES ..................................................................................................................... 14-4 
7 RESCHEDULED REEXAMINATION APPOINTMENTS .................................................................................... 14-4 
8 CONDUCTING REGULAR REEXAMINATIONS .............................................................................................. 14-4 
8.1 Requirements to Attend Reexamination Interview ................................................................................. 14-5 
9 COMMUNITY SERVICE ............................................................................................................................... 14-5 
10 PERSONS WITH DISABILITIES ................................................................................................................... 14-5 
11 VERIFICATION OF INFORMATION ............................................................................................................ 14-6 

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12 EFFECTIVE DATES: CHANGES IN THE TENANT RENT AT REGULAR REEXAMINATION ................................ 14-6 
12.1 Resident Rent Increases ......................................................................................................................... 14-6 
12.2 Resident Rent Decreases ....................................................................................................................... 14-6 
13 REEXAMINATIONS FOR FAMILIES PAYING FLAT RENTS ........................................................................... 14-7 
13.1 Flat Rent Annual Updates ...................................................................................................................... 14-7 
14 INTERIM REEXAMINATIONS .................................................................................................................... 14-8 
15 STANDARD FOR TIMELY REPORTING ....................................................................................................... 14-9 
16 METHOD OF INTERIM REPORTING .......................................................................................................... 14-9 
17 DECREASES IN INCOME & INCREASES IN ALLOWANCE/DEDUCTIONS ...................................................... 14-9 
18 INCREASES IN INCOME .......................................................................................................................... 14-10 
19 CHANGES IN FAMILY COMPOSITION ..................................................................................................... 14-10 
19.1 New Family Members Not Requiring Prior Approval ........................................................................... 14-11 
19.2 New Family Members Requiring Approval .......................................................................................... 14-11 
19.3 Departure of a Family or Household Member ..................................................................................... 14-11 
19.4 Change in Family Size & Transfer ......................................................................................................... 14-12 
20 ZERO INCOME, MINIMAL INCOME & TEMPORARY & SPORADIC INCOME ............................................. 14-12 
20.1 Zero Income, Minimal Income & Temporary/Sporadic Income Adults ............................................... 14-12 
20.2 Zero Income, Minimal Income & Temporary/Sporadic Income Household ........................................ 14-13 
20.3 Interim Reexamination – Other ........................................................................................................... 14-13 
21 EFFECTIVE DATES:  CHANGES IN RENT AT INTERIM REEXAMINATIONS ................................................. 14-13 
22 EFFECTIVE DATES: CHANGES IN RENT AND RESIDENT CAUSED DELAYS IN PROCESSING REEXAMINATIONS
 ....................................................................................................................................................................... 14-14 
23 DELAYS IN PROCESSING REEXAMINATIONS CAUSED BY HABC OR THE PRIVATELY OWNED/MANAGED SITES
 ....................................................................................................................................................................... 14-14 
24 OTHER INTERIM REPORTING ISSUES ...................................................................................................... 14-14 
25 ERRORS IN RENT CALCULATION ............................................................................................................ 14-14 
26 ABSENCE FROM THE UNIT ..................................................................................................................... 14-15 
26.1 Permanently Absent Household Member ........................................................................................... 14-15 
26.2 Temporarily Absent Household Member ............................................................................................ 14-15 
26.3 Absence of an Entire Family ................................................................................................................. 14-15 
26.4 Absence Due to Medical Reasons ........................................................................................................ 14-16 
26.5 Absence Due to Incarceration .............................................................................................................. 14-16 
26.6 Absence Due to Foster Care ................................................................................................................. 14-16 
26.7 Parent/Legal Guardian Absent from the Unit ...................................................................................... 14-17 
26.8 Absent Students ................................................................................................................................... 14-17 
26.9 Minors in the Unit on a Temporary Basis ............................................................................................ 14-17 
27 MILITARY FAMILIES – ABSENCE FROM THE UNIT & CONTINUED OCCUPANCY ....................................... 14-18 

  TOC-13 
28 GUESTS.................................................................................................................................................. 14-18 
29 REMAINING MEMBER OF RESIDENT FAMILY - RETENTION OF UNIT ....................................................... 14-19 
30 CHANGES IN UNIT SIZE .......................................................................................................................... 14-20 
31 CONTINUED ASSISTANCE FOR "MIXED" FAMILIES ................................................................................. 14-21 
32 APPLYING UTILITY ALLOWANCES AT REEXAMINATION ......................................................................... 14-21 
CHAPTER 15: LEASE TER
M
INATI
O
NS ....................................................................................... 15-1 
1 INTRODUCTION ......................................................................................................................................... 15-1 
2 TERMINATION BY RESIDENT ...................................................................................................................... 15-1 
3 MANDATORY TERMINATION..................................................................................................................... 15-1 
3.1 Failure to Provide Consent ....................................................................................................................... 15-1 
3.2 Failure to Document Citizenship .............................................................................................................. 15-2 
3.3 Failure to Disclose and Document Social Security Numbers ................................................................... 15-2 
3.4 Failure to Accept HABC’s Offer of a Lease Revision ................................................................................. 15-2 
3.5 Methamphetamine Conviction ................................................................................................................ 15-3 
3.6 Lifetime Registered Sex Offenders ........................................................................................................... 15-3 
3.7 Noncompliance with Community Service Requirements ........................................................................ 15-3 
3.8 Death of a Sole Family Member............................................................................................................... 15-3 
4 ADDITIONAL AUTHORIZED REASONS FOR TERMINATION ......................................................................... 15-3 
4.1 Family Absence from Unit ........................................................................................................................ 15-6 
4.2 Over-Income Families .............................................................................................................................. 15-6 
4.3 Failure to Make Payments at the Time and in the Amount Due Under the Lease .................................. 15-6 
4.4 Procedural Non-Compliance .................................................................................................................... 15-7 
5 TERMINATING ASSISTANCE OF A VAWA OFFENDER .................................................................................. 15-7 
5.1 Limits on VAWA Protections .................................................................................................................... 15-8 
6 ALTERNATIVES TO TERMINATION OF TENANCY ........................................................................................ 15-8 
6.1 Exclusion of Culpable Household Member .............................................................................................. 15-8 
6.2 Payment of Family Debts ......................................................................................................................... 15-8 
7 CRITERIA FOR DECIDING TO TERMINATE TENANCY ................................................................................... 15-9 
7.1 Evidence ................................................................................................................................................... 15-9 
7.2 Consideration of Circumstances .............................................................................................................. 15-9 
7.3 Consideration of Rehabilitation ............................................................................................................. 15-10 
7.4 Reasonable Accommodation ................................................................................................................. 15-10 
7.5 Nondiscrimination Limitation ................................................................................................................ 15-10 
8 NOTIFICATION REQUIREMENTS, EVICTION PROCEDURES AND RECORD KEEPING ................................... 15-10 
8.1 Conducting Criminal Records Checks ..................................................................................................... 15-11 
8.2 Disclosure of Criminal Records to Family ............................................................................................... 15-11 
8.3 Lease Termination Notice: Form, Delivery, and Content of the Notice ................................................. 15-11 
8.4 Timing of the Notice .............................................................................................................................. 15-12 
8.5 Notice of Nonrenewal Due to Community Service Noncompliance ...................................................... 15-13 

  TOC-14 
8.6 Notice of Termination Based on Citizenship Status ............................................................................... 15-13 
8.7 Eviction Notice ....................................................................................................................................... 15-13 
8.8 Notification to Post Office ..................................................................................................................... 15-14 
CHAPTER 16: INFORMAL HEARINGS FOR APPLICANTS ..................................................... 16-1 
1 INTRODUCTION ......................................................................................................................................... 16-1 
2 INFORMAL HEARING PROCESS .................................................................................................................. 16-1 
2.1 Notice of Denial ....................................................................................................................................... 16-1 
2.2 Scheduling an Informal Hearing ............................................................................................................... 16-1 
2.3 Reasonable Accommodation Related to Informal Hearing Process ........................................................ 16-2 
2.4 Conducting an Informal Hearing .............................................................................................................. 16-2 
2.5 Informal Hearing Decision ....................................................................................................................... 16-2 
2.6 Retention of Documents .......................................................................................................................... 16-3 
CHAPTER 17: INFORMAL HEARINGS: NON-CITIZENS ......................................................... 17-1 
1 INFORMAL HEARINGS WITH REGARD TO NON-CITIZENS ............................................................................ 17-1 
1.1 Notice of Denial or Termination of Assistance ........................................................................................ 17-1 
1.2 United States Citizenship and Immigration Services Appeal Process ...................................................... 17-1 
1.3 Informal Hearing Procedures for Residents Who Are Non-citizens Pending a USCIS Appeal .................. 17-2 
1.4 Informal Hearing Procedures for Applicants............................................................................................ 17-2 
CHAPTER 18: COMPLAINTS AND GRIEVANCES ..................................................................... 18-1 
1 INTRODUCTION ......................................................................................................................................... 18-1 
CHAPTER 19: COMMUNITY SERVIC
E
 ........................................................................................ 19-1 
1 OVERVIEW ................................................................................................................................................ 19-1 
2 EXEMPT RESIDENTS ................................................................................................................................... 19-1 
3 WORK ACTIVITIES ...................................................................................................................................... 19-2 
4 BASIC COMMUNITY SERVICE & SELF-SUFFICIENCY REQUIREMENT ............................................................ 19-2 
5 OBLIGATIONS OF HABC AND THE PRIVATELY OWNED/MANAGED SITES ................................................... 19-3 
6 COMMUNITY SERVICE ............................................................................................................................... 19-4 
7 SELF-SUFFICIENCY ACTIVITIES .................................................................................................................... 19-5 
8 COMMUNITY & SELF-SUFFICIENCY REQUIREMENT PARTNERSHIPS ........................................................... 19-5 
9 DOCUMENTATION AND VERIFICATION ..................................................................................................... 19-5 
10 CHANGE IN STATUS BETWEEN ANNUAL DETERMINATIONS .................................................................... 19-7 

  TOC-15 
11 NOTICE OF NON-COMPLIANCE OF A NON-EXEMPT HOUSEHOLD MEMBER ............................................. 19-7 
12 ENFORCEMENT DOCUMENTATION ......................................................................................................... 19-8 
13 IMPLEMENTATION OF COMMUNITY SERVICE .......................................................................................... 19-8 
CHAPTER 20: RECORD KEEPING ................................................................................................ 20-1 
1 INTRODUCTION ......................................................................................................................................... 20-1 
2 RECORD KEEPING ...................................................................................................................................... 20-1 
2.1 Record Retention ..................................................................................................................................... 20-1 
2.2 Record Retention – Citizenship Status ..................................................................................................... 20-2 
2.3 Records Management .............................................................................................................................. 20-2 
2.4 Privacy Act Requirements ........................................................................................................................ 20-3 
2.5 Upfront Income Verification (UIV) Records ............................................................................................. 20-3 
2.6 Criminal Records ...................................................................................................................................... 20-3 
2.7 Medical/Disability Records ...................................................................................................................... 20-4 
2.8 Domestic Violence, Dating Violence, Sexual Assault, or Stalking Records ............................................... 20-4 
3 REPORTING REQUIREMENTS FOR CHILDREN WITH ENVIRONMENTAL INTERVENTION BLOOD LEAD LEVEL 20-

CHAPTER 21: PROGRAM INTEGRITY ........................................................................................ 21-1 
1 INTRODUCTION ......................................................................................................................................... 21-1 
2 DETECTING ERRORS AND PROGRAM ABUSE ............................................................................................. 21-1 
3 INVESTIGATING ERRORS AND PROGRAM ABUSE ...................................................................................... 21-1 
3.1 Consent to Release of Information .......................................................................................................... 21-2 
3.2 Analysis and Findings ............................................................................................................................... 21-2 
4 DOCUMENTS, EVIDENCE AND STATEMENTS .............................................................................................. 21-2 
5 CONSIDERATIONS FOR IMPOSING PENALTIES FOR FAMILY CAUSED VIOLATIONS ...................................... 21-2 
6 NOTICE AND APPEALS ............................................................................................................................... 21-3 
7 DISPOSITIONS OF CASES INVOLVING MISREPRESENTATIONS .................................................................... 21-3 
8 FAMILY DEBT ............................................................................................................................................. 21-4 
9 PAYMENT AGREEMENT FOR FAMILIES ...................................................................................................... 21-4 
9.1 Guidelines for Payment Agreements ....................................................................................................... 21-5 
9.2 Late Payments .......................................................................................................................................... 21-5 
9.3 No Offer of Payment Agreement ............................................................................................................. 21-6 
9.4 Additional Monies Owed ......................................................................................................................... 21-6 
9.5 Transfers and Payment Agreements ........................................................................................................ 21-6 
10 ERRORS OR PROGRAM ABUSE CAUSED BY HABC OR PRIVATELY OWNED/MANAGED SITE STAFF ........... 21-6 
10.1 HABC or Privately Owned/Managed Staff Caused Errors ...................................................................... 21-7 

  TOC-16 
10.2 Program Abuse by Staff ......................................................................................................................... 21-7 
10.3 Payment to HABC or the Privately Owned/Managed Sites ................................................................... 21-7 
10.4 Family Overpayment .............................................................................................................................. 21-8 
CHAPTER 22: RENTAL ASSISTANCE DEMONSTRATION (RAD) POLICY ........................ 22-1 
1 INTRODUCTION ......................................................................................................................................... 22-1 
2 RELOCATION PLANNING ............................................................................................................................ 22-1 
3 SCREENING ................................................................................................................................................ 22-1 
4 WAITING LIST ............................................................................................................................................ 22-1 
5 RENT ......................................................................................................................................................... 22-2 
6 TRANSFERS................................................................................................................................................ 22-2 
7 PET POLICY ................................................................................................................................................ 22-2 
8 LEASE REQUIREMENTS .............................................................................................................................. 22-2 
9 REASONABLE ACCOMMODATION ............................................................................................................. 22-2 
10 AVAILABILITY OF DOCUMENTS ................................................................................................................ 22-2 
11 RESIDENT PARTICIPATION ....................................................................................................................... 22-2 
12 RAD LONG TERM AFFORDABLE RESIDENT GRIEVANCE POLICY AND APPEALS PROCEDURE ..................... 22-2 
13 COMPLIANCE WITH APPLICABLE LAWS ................................................................................................... 22-3 
CHAPTER 23:
 SCATTERED SITE HOMEOWNERSHIP 
P
LAN ................................................ 23-1 
1 INTRODUCTION AND SUMMARY ............................................................................................................... 23-1 
2 ELIGIBLE PURCHASERS ............................................................................................................................... 23-1 
2.1 Priority of Eligible Buyers ......................................................................................................................... 23-1 
3 . 2 . 2  Prohibition Against Resident Displacement ..................................................................................... 23-1 
3 . 2 . 3  Principal Residence Requirement ...................................................................................................... 23-1 
3 . 2 . 4  Financial Capacity Requirement ........................................................................................................ 23-1 
2.5 Other Requirements ................................................................................................................................ 23-3 
2.6 Participants Who Have a Family Member with a Disability ..................................................................... 23-3 
2.7 Selection Criteria and Methodology ........................................................................................................ 23-4 
3 ELIGIBLE PROPERTIES ................................................................................................................................ 23-4 
3.1 Property Feasibility .................................................................................................................................. 23-4 
3.2 Home Inspections and Code Requirements ............................................................................................. 23-5 
3.3 Property Appraisals and Sales Price ......................................................................................................... 23-5 
4 FINANCING ................................................................................................................................................ 23-5 
4.1 First Mortgage Financing ......................................................................................................................... 23-5 

  TOC-17 
23.4.2 Ineligible First Mortgage Finance Products.............................................................................................. 23-6 
23.4.3 Soft Second Mortgages ............................................................................................................................ 23-6 
23.4.4 Recapture Provisions and Deed Restrictions ........................................................................................... 23-7 
23.4.5 Pre-sale Costs, Closing Costs, and Down Payment Requirement ............................................................ 23-7 
23.4.6 Replacement Escrow Accounts ................................................................................................................ 23-7 
23.4.7 Maintenance Contract and Warranties ................................................................................................... 23-8 
23.5 SCATTERED SITE HOMEOWNERSHIP PROGRAM ADMINISTRATION .......................................................... 23-8 
23.5.1 Approval Process...................................................................................................................................... 23-8 
23.5.2 Net Proceeds of Sales .............................................................................................................................. 23-8 
APPENDIX A: ACRONYMS USED IN PUBLIC HOUSING ........................................................... A-1 
APPENDIX B: GLOSSARY OF ACOP TERMS ................................................................................ B-1 
APPENDIX C: SMOKE-FREE POLICY ............................................................................................. C-1 
APPENDIX D: FEDERALLY MANDATED INCOME EXCLUSIONS ........................................... D-1 
APPENDIX E: VAWA EMERGENCY TRANSFER PLAN ................................................... E-1 
APPENDIX F: PET POLICY FOR FAMILY DEVELOPMENTS ......................................... F-1 
APPENDIX G: OVER-INCOME LIMITS ................................................................................... G-1 
APPENDIX H: RESIDENT GRIEVANCE POLICY AND PROCEDURES....................... H-1 
APPENDIX I: LONG TERM AFFORDABILITY CRITERIA .......................................................... I-1 
 
APPENDIX J:  HABC DWELLING LEASE 
 
   

HABC ACOP: DRAFT 7-26-19 1-1

CHAPTER 1: GENERAL POLICIES

1.1 INTRODUCTION

On March 31, 2005, the United States Department of Housing and Urban Development (HUD)

and the Housing Authority of Baltimore City (HABC) entered into a Moving to Work

Demonstration Agreement (MTW Agreement). Under the terms of the MTW Agreement, HABC

will design and test innovative methods of providing housing and delivering services to low-

income families in an efficient and cost-effective manner. The MTW Agreement supersedes most

of the terms and conditions of the Annual Contributions Contracts (ACCs), the provisions of the

United States Housing Act of 1937 and HUD requirements to the extent necessary for HABC to

implement its MTW demonstration program.

The Public Housing Program was created by the U.S. Housing Act of 1937. Administration of the

Public Housing Program and the functions and responsibilities of the staff of HABC shall be in

compliance with HABC’s Personnel Policy, any union agreements of HABC, and this Admissions

and Continued Occupancy Policy (“ACOP”) and any other duly adopted policies. The

administration of HABC’s housing program will also meet the requirements of the MTW

Agreement. Such requirements include any Public Housing regulations, handbooks, and

applicable notices, as may be applicable given HABC’s MTW status. All applicable Federal, State

and local laws, including fair housing laws and regulations also apply.

1.2 PURPOSE OF THE POLICY

The purpose of this ACOP is to

establish

guidelines for HABC staff to follow in determining

eligibility for admission of applicants and continued occupancy by its residents. These guidelines

are governed by the requirements of the MTW Agreement, which takes into consideration local

policies and procedures. These policies and procedures for admissions and continued occupancy

are binding upon applicants, residents, and HABC.

1.3 LOCAL OBJECTIVES

This ACOP is designed to demonstrate that HABC is managing its program in a manner that

reflects its commitment to improving the quality of housing available to its applicants and residents,

and its capacity to manage that housing responsibly. In addition, this ACOP is designed to achieve

the following objectives:

• To provide improved living conditions for very low- and low-income families while

maintaining their rent payments at an affordable level.

• To operate a socially and financially sound public housing agency that provides decent,

safe, and sanitary housing within a suitable living environment for residents.

HABC ACOP: DRAFT 7-26-19 1-2

• To lawfully deny the admission of applicants, or the continued occupancy of residents,

whose habits and practices reasonably may be expected to adversely affect the health,

safety, peaceful enjoyment or welfare of other residents or the physical environment of the

neighborhood or create a danger to HABC employees.

• To provide opportunities for upward mobility for families who desire to achieve self-

sufficiency.

• To facilitate the judicious management of HABC’s inventory, and the efficient

management of HABC staff.

• To comply with Title VIII of the Civil Rights Act of 1968 and all other applicable Federal

laws and regulations so that the admissions and continued occupancy are conducted

without regard to race, color, national origin, age, religion, sex, familial (family) or

disability or disability status.

The HABC Board of Commissioners must approve this ACOP and any subsequent changes. This

policy, or portions of it, will be provided to HUD, as may be required.

1.4 MTW AGREEMENT OBJECTIVES

HABC’s objectives, under its MTW Agreement, is to operate its public housing program with

efficiency and to demonstrate to HUD or independent auditors that HABC is using its resources in

a manner that reflects its commitment to quality and service.

1.5 IDENTIFYING MTW AND NON-MTW POLICIES

Policies that are adopted by HABC under the MTW Agreement are specifically noted in the ACOP

as MTW policies. Where an ACOP policy relates to MTW and Non-MTW programs, the policy

citation will not state MTW or Non-MTW. Finally, where regulatory citations are specifically

identified in this ACOP, if a corresponding MTW policy is in effect, the MTW policy will

supersede the existing and applicable HUD regulatory citation.

1.6 IDENTIFYING MTW POLICY ADDITIONS AND MODIFICATION

The following table reflects the MTW policies contained in this ACOP including the respective

effective date for each MTW initiative and any modification.

HABC ACOP: DRAFT 7-26-19 1-3

Chapter

Section

Heading/Topic

Effective Date

Chapter 7:

Verification

Procedures

7.25 ASSETS AND

INCOME FROM

ASSETS

• Assets

• 08/20/2010

• Revision: FY

2019 Plan

Chapter 8:

Income and

Adjusted

Income

8.32 FULL TIME

STUDENT

INCOME

EXCLUSION

• Exclusion of all FT Student

Income

• FY 2019 Plan

8.33 ASSET

INCOME

• Asset Income Exclusion

• Asset Income Calculation

• FY 2018

Chapter 12:

Reexaminations

14.4

REEXAMINATION

FREQUENCY

• Two-Year Recertifications

• Three-year Recertifications

for fixed income

households

• 2007

• 03/21/2015

• 2018 Revision

1.7 PRIVACY RIGHTS

Applicants and residents, including all adults (i.e., 18 years of age) in their households, are required

to sign the HUD 9886 Authorization for Release of Information. This document authorizes HABC

to request income information from the State wage information collection agency and other

Federal collection agencies in order to verify household income. This document incorporates the

Federal Privacy Act Statement and does not provide authorization for the release of family

information. Failure to sign the consent form will result in the denial of eligibility or termination

of assisted housing benefits.

HABC policy regarding release of information is in accordance with State and local laws.

Information to be supplied to a landlord, upon request, is limited to that specified in this ACOP.

HABC practices and procedures are designed to safeguard the privacy of applicants and residents.

All applicant and resident files will be stored in a secure location that is only accessible by

authorized staff.

HABC staff will not discuss family information contained in files unless there is a business reason

HABC ACOP: DRAFT 7-26-19 1-4

to do so. Inappropriate discussion of family information or improper disclosure of family

information by staff will result in disciplinary action.

All files must be signed for when removed from the secured file storage area.

Any and all information that would lead one to determine the nature and/or severity of a person's

disability, or eligibility based on a criminal background check, must be kept in a separate folder

and marked "confidential". The personal information in this folder must not be released except on

an "as needed" basis in cases where an accommodation or a criminal eligibility determination is

under consideration.

1.8 SMOKE-FREE POLICY

HABC, as required by HUD, has established a smoke-free policy which bars the use of

prohibited tobacco products in all public housing living units, interior common areas and outdoor

areas within 25 feet from public housing and administrative office buildings (collectively,

“restricted areas”).

Residents, staff and guests are required to adhere to HABC’s Smoke Free Policy. Copies of the

Smoke-Free Policy are included in this ACOP as APPENDIX C: SMOKE-FREE POLICY.

1.9 POSTING OF REQUIRED INFORMATION

HABC’s Central Office and its developments will post, in conspicuous areas, the items outlined

below. Where applicable, HABC will post information on its website.

• Income limits for admission

• Current schedule of routine maintenance charges

• The HABC's grievance procedures

• A fair housing poster

• The Zero Tolerance for Sexual Harassment Policy

• An equal opportunity in employment poster

• Required public notices

• Information regarding security deposit charges

• Information on preferences

HABC ACOP: DRAFT 7-26-19 1-5

• Schedule of utility allowances (if applicable)

• Information on screening and eviction for drug abuse and other criminal activity

• A notice of where the ACOP is available

• A notice of where the HABC MTW Plan is available

• The Mold Prevention Notice.

• The fraud hotline information

The following information is available, upon request, from HABC’s Central Office and from each

development management office:

• A copy of the ACOP

• A copy of the HABC MTW Plan

• Information on application taking

• Directory of the HABC's housing developments including names, address of offices and

office hours at each facility.

• A copy of the lease

• Resident selection policies

• Information on application taking

• Income limits for admission

• HABC's grievance procedures

• Mission Statement

1.10 TERMINOLOGY

The Housing Authority of Baltimore City is referred to as the "Housing Authority" or "HABC"

throughout this document.

• "Disability" is used where "handicap" was formerly used.

• "Family" is used interchangeably with "Applicant," "Resident" or "Participant" and

includes a single-person family.

HABC ACOP: DRAFT 7-26-19 1-6

• “INS” refers to the Immigration and Naturalization Service, or its successor

agency. "Landlord" refers to HABC.

• "Noncitizens Rule" refers to the regulation effective June 19, 1995, restricting

assistance to U.S. citizens and eligible immigrants.

• “Resident” or "Tenant" is used to refer to lessees of HABC. HABC. See Glossary for other

terminology.

HABC ACOP: DRAFT 7-26-19 2-1

CHAPTER 2: FAIR HOUSING AND EQUAL OPPORTUNITY

2.1 FAIR HOUSING POLICY

It is the policy of HABC to comply fully with all Federal, State, and local nondiscrimination laws

and with the rules and regulations governing fair housing and equal opportunity in housing and

employment.

HABC shall not on the basis of race, color, sex, religion, national origin, ancestry, age, familial

status, marital status, disability, sexual orientation or gender identity:

• Deny any family or individual the equal opportunity to apply for or receive assistance under

the Public Housing Program.

• Deny to any family the opportunity to apply for housing or deny to any qualified applicant

the opportunity to lease housing suitable to its needs.

• Provide housing that is different from that provided to others.

• Subject a person to segregation or disparate treatment.

• Restrict a person's access to any benefit enjoyed by others in connection with the housing

program.

• Treat a person differently in determining eligibility or other requirements for admission; or

• Deny a person access to the same level of services.

To further its commitment to full compliance with applicable Civil Rights laws, HABC will

provide Federal, State, and local information to residents regarding unlawful discrimination in

housing and the recourse available to families who believe they are victims of such discrimination.

Such information will be made available during the pre-occupancy training session. In addition,

fair housing information and discrimination complaint forms will be made available upon request

by the asset managers at each of the site developments and by HABC’s Fair Housing & Equal

Opportunity Office.

HABC staff will be required to attend fair housing training, which will include the importance of

affirmatively furthering fair housing and providing equal opportunity to all families, including

providing reasonable accommodations to persons with disabilities, as a part of the overall

commitment to quality customer service. Appropriate staff will attend local fair housing training

update programs sponsored by HABC, HUD and local organizations to keep current with new

developments.

Fair Housing posters are posted throughout the HABC offices, including in the lobby and interview

rooms, in such a manner as to be easily readable from a wheelchair. The equal opportunity logo

HABC ACOP: DRAFT 7-26-19 2-2

will be used on all outreach materials.

Except as otherwise provided in 24 CFR 8.21(c)(1), 8.24(a), 8.25, and 8.31, no individual with

disabilities shall be denied the benefits of, be excluded from participation in, or otherwise be

subjected to discrimination because the HABC facilities are inaccessible to or unusable by persons

with disabilities.

The HABC offices are accessible to persons with disabilities. Accessibility for the hearing

impaired is provided through the Maryland Relay System.

2.2 MONITORING AND ENFORCEMENT OF HABC’S POLICY AND PROGRAMS

HABC’s Fair Housing and Equal Opportunity Office (“FH&EO Office”) is responsible for

monitoring HABC’s compliance with and enforcing the requirements of the fair housing laws

and HABC’s fair housing policy as set forth in this ACOP. The FH&EO Office is located at 417

E. Fayette Street, Baltimore, Maryland (410-396-4247).

2.3 COMPLIANCE WITH ACCESSIBILITY REQUIREMENTS

HABC has amended its capital plan to fund renovations to a number of units to make them

accessible in compliance with Section 504, the ADA, and the FHA.

2.4 REASONABLE ACCOMMODATIONS POLICY

As set forth in The HABC Reasonable Accommodations Policy and Procedures, HABC is

committed to ensuring that its policies and practices do not deny individuals with disabilities the

opportunity to participate in, or benefit from, nor otherwise discriminate against individuals with

disabilities in connection with the operation of HABC’s housing services or programs, solely on

the basis of such disabilities. Therefore, if an individual with a disability requires an

accommodation, such as an accessible feature or modification to HABC policy, HABC will

provide such accommodation, unless doing so would result in a fundamental alteration in the

nature of the program or an undue financial or administrative burden. In such case, HABC will

make another accommodation that would not result in a financial or administrative burden.

Written information regarding this policy and the procedures for making a request for a reasonable

accommodation is available at the Customer Relations Center, Public Housing Management

Offices, HABC’s Central Office, HABC’s Fair Housing and Equal Opportunity Office and

HABC’s website.

Reasonable accommodations will be made for persons with a disability who require an advocate or

accessible offices. A designee will be allowed to provide information on behalf of the person with

the disability, but only with the permission of the person with the disability.

All HABC mailings will be made available in an accessible format upon request, as a reasonable

HABC ACOP: DRAFT 7-26-19 2-3

accommodation.

The definitions of the terms “individual with a disability”, as defined by Section 504, and “person

with disabilities”, as defined by the ADA, are set forth in the glossary to this ACOP.

2.4.1 Verification of Disability

HABC may verify a requestor’s disability only to the extent necessary to ensure that the requestor

is qualified for the housing for which he or she had applied, is qualified for deductions used in

determining adjusted income, is entitled to preferences that have been claimed, and/or that the

requested accommodation is needed to address or because of a disability. HABC will not require

persons requesting a reasonable accommodation to provide access to confidential medical records

to verify a disability and will not require specific details about the disability. HABC may require

documentation of the manifestation of the disability that causes a specific need for a specific

accommodation or accessible unit.

2.4.2 Reexamination by Mail

HABC will permit the family to submit reexamination forms through the mail as a reasonable

accommodation due to a family member’s disability. The mail-in packet will include notice to the

family of HABC’s

deadline

for

returning

the completed forms to HABC.

If there is more than one adult member in the household, but only one has a disability, re-

certification will not be processed through the mail. In such cases, the family may choose to have

the HABC conduct the re-certification

by a home visit or to have the non-disabled adult family

members come in for the appointment and then take the necessary forms home to the member with

a disability for completion and signature.

2.4.3 Home Visits

When requested and where the need for reasonable accommodation has been established, HABC

will conduct home visits to residents to conduct re-certifications.

Requests for home visit re-certifications must be received by HABC at least five working days

before the scheduled appointment date in order for the request to be considered.

2.4.4 Other Accommodations

HABC utilizes organizations that provide assistance for hearing- and sight-impaired persons when

needed.

When needed to address a disability, families will be offered an accessible unit or a unit with

HABC ACOP: DRAFT 7-26-19 2-4

accessible features unless it would result in undue financial and administrative burdens.

2.5 LANGUAGE INTERPRETATION, TRANSLATION OF DOCUMENTS

HABC uses contractors to:

• Provide language interpretation services over the telephone.

• Translate documents; and

• Provide American Sign Language interpretation.

Information about how to request these services is available to HABC staff on the Baltimore

Housing intranet site. The Baltimore Housing intranet website also provides a link to documents

translated by HUD.

2.5.1 Language Assistance

HABC will provide readers to assist persons with

literacy

barriers in

completing

the

application

and

certification process.

2.6 FAMILY OUTREACH

HABC may publicize and disseminate information to make known the availability of housing

assistance and related services for eligible families. When HABC’s waiting list is open, HABC

may publicize the availability and nature of housing assistance for eligible families through,

including but not limited to, the:

• Baltimore Sun

• Afro-American Newspaper

• City Paper

• Baltimore Housing Website

HABC may extend outreach subject to determination of any minority group reaching 2% of the

total population, based on the most recent census or amendment thereto.

To further enhance outreach, HABC may distribute fact sheets to the broadcasting media and may

initiate personal contacts with members of the news media, with community service personnel and

with not-for-profit organizations servicing non-English speaking populations. HABC may also

utilize public service announcements.

HABC ACOP: DRAFT 7-26-19 2-5

HABC may communicate housing opportunities and eligibility requirements to other service

providers in the community, so that they may refer their clients to HABC for housing assistance.

2.7 VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT

AND/OR STALKING

The Violence against Women Reauthorization Act of 2013 (VAWA) provides special

protections for victims of domestic violence, dating violence, sexual assault, and stalking who

are applying for or receiving assistance under the public housing program.

The purpose of this policy is to implement applicable provisions of the Violence Against Women

Act of 2005 and the Violence Against Women Reauthorization Act of 2013 (collectively VAWA),

and to set forth HABC’s policies regarding domestic violence, dating violence, sexual assault and

stalking. Notwithstanding VAWA’s title, this policy is gender neutral.

2.7.1 Definitions as Used in the Violence Against Women Act

The definitions applicable to the Violence Against Women Act (VAWA) are the following:

Domestic Violence: Felony or misdemeanor crimes of violence committed by a current or former

spouse or intimate partner of the victim, by a person with whom the victim shares a child in

common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or

intimate partner, by a person similarly situated to a spouse of the victim under the domestic or

family violence laws of the jurisdiction receiving grant monies, or by any other person against an

adult or youth victim who is protected from that person’s acts under the domestic or family

violence laws of the jurisdiction.

Dating Violence: Violence committed by a person who is or has been in a social relationship of a

romantic or intimate nature with the victim and where the existence of such a relationship is

determined based on the following factors: length of the relationship; type of relationship; and

frequency of interaction between the persons involved in the relationship.

Sexual Assault: Any non-consensual sexual act proscribed by Federal, tribal, or State law,

including when the victim lacks capacity to consent.

Stalking: Engaging in a course of conduct directed at a specific person causing a reasonable person

to fear for his or her safety or the safety of others or suffer substantial emotional distress.

Affiliated Individual: With respect to an individual, as a spouse, parent, brother, sister, or child

of that individual, or an individual to whom that individual stands in loco parentis, or an individual

who has guardianship over another individual who is not a minor, or any individual, resident or

lawful occupant living in the household of that individual.

HABC ACOP: DRAFT 7-26-19 2-6

Bifurcate: The term bifurcate means, with respect to a public housing lease, to divide a lease as

a matter of law such that certain residents can be evicted or removed while the remaining family

members’ lease and occupancy rights are allowed to remain intact.

Actual and Imminent Threat: refers to a physical danger that is real, would occur within an

immediate time frame, and could result in death or serious bodily harm. In determining whether

an individual would pose an actual and imminent threat, the factors to be considered include: The

duration of the risk, the nature and severity of the potential harm, the likelihood that the potential

harm will occur, and the length of time before the potential harm would occur.

2.7.2 Confidentiality Requirements – VAWA

HABC and the privately owned/managed sites will keep confidential any information that the

resident submits in connection with VAWA protections, including keeping confidential the

location of a new dwelling unit, if one is provided, from the person(s) that committed an act(s) of

domestic violence, dating violence, sexual assault or stalking against the resident. HABC and the

privately owned/managed sites will not disclose or release or enter into any shared database any

personally identifying information or individual information collected in connection with VAWA

protections requested or denied except to the extent that the disclosure is:

• Requested or consented to by the individual in a time- limited release.

• Required for use in an eviction proceeding or hearing; or

• Otherwise required by applicable law.

If disclosure is required for use in an eviction proceeding or is otherwise required by applicable

law, HABC and the privately owned/managed sites will make reasonable attempts to provide

notice to victims affected by the disclosure of information and will take steps necessary to protect

the privacy and safety of the persons affected by the release of the information.

2.7.3 VAWA Self-Petitioners

HABC will review non-citizen applicant or resident requests for admission or continued

occupancy as a result of being a self-petitioner under the VAWA.

A VAWA Self-Petitioner is a non-citizen applicant or resident who claims to be a victim of

“battery or extreme cruelty”, which includes domestic violence, dating violence, sexual assault

and stalking perpetrated by his or her spouse or parent, who is a citizen or lawful permanent

resident.

A VAWA Self-Petitioner may indicate that he or she has satisfactory immigration status, though

HABC has not yet verified that satisfactory immigration status. Satisfactory immigration status

means an immigration status which does not make the individual ineligible for financial assistance.

HABC ACOP: DRAFT 7-26-19 2-7

A VAWA Self-Petitioner may submit an I-360 VAWA Self Petition, an I-130 Family-Based VISA

Petition or a USCIS Form 1-797 to demonstrate a claim of satisfactory immigration status. When

an I-360 VAWA Self Petition, an I-130 Family-Based VISA Petition or a USCIS Form 1-797 is

submitted, HABC may not request any additional information from the VAWA Self-Petitioner

other than what is required to complete the verification. When a VAWA self-petitioner uses the

Family Based VISA petition to satisfy immigration status, upon verification of the Family Based

VISA petition, HABC will require the petitioner to submit evidence of battery or extreme cruelty.

Housing assistance and all other VAWA protections will be granted to the VAWA Self-Petitioner

applicant or resident throughout the verification process until a final determination of lawful US

permanent residency can be made.

If HABC later determines that the VAWA Self-Petitioner does not have eligible immigration

status, HABC will notify the individual and take action to terminate assistance. HABC will also

inform the individual of local agencies that provide domestic violence and immigration support

services.

2.7.4 Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating

Violence, Sexual Assault and Stalking

Applicants who otherwise qualify for assistance or admission will not be denied admission on the

basis that the applicant is or has been a victim of domestic violence, dating violence, sexual assault,

or stalking. VAWA does not limit HABC’s authority to deny assistance to an individual or family

that is not otherwise qualified or eligible for assistance.

2.7.5 Prohibition Against Termination of Assistance Related to Victims of Domestic

Violence, Dating Violence, Sexual Assault and Stalking

Criminal activity directly relating to domestic violence, dating violence, sexual assault or stalking,

engaged in by a member of a resident’s family or any guest or other person under the resident’s

control will not be the basis for termination of assistance, tenancy, or occupancy rights if the

resident or an immediate member of the resident’s household is the victim or threatened victim of

such domestic violence, dating violence, sexual assault or stalking.

Incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking will

not be construed either as serious or repeated violations of the lease by the victim or of such

violence or threat of violence, or as good cause for terminating the tenancy or occupancy rights of

the victim of such violence or threat.

Notwithstanding the foregoing, HABC and the privately owned/managed sites may exercise its

authority to evict, remove, terminate occupancy rights, or terminate assistance to any individual

who is a resident or lawful occupant and who engages in criminal acts of physical violence against

household members or others, without evicting, removing, terminating assistance to, or otherwise

penalizing the victim of such violence who is also a resident or lawful occupant.

HABC ACOP: DRAFT 7-26-19 2-8

HABC and the privately owned/managed sites may exercise its discretion to bifurcate a Lease in

order to evict, remove or terminate assistance to residents or lawful occupants who perpetrate such

violence against victims or affiliated individuals.

Further, HABC and the privately owned/managed sites retains its authority to terminate the

tenancy of any resident if HABC and the privately owned/managed sites concludes that there is an

actual and imminent threat to other residents or those employed at or providing service to the

property if that resident is not evicted or terminated from assistance. VAWA does not limit HABC

and the privately owned/managed site’s authority to deny or terminate assistance to an individual

or family that is not otherwise qualified or eligible for assistance.

HABC and the privately owned/managed sites may terminate assistance or evict a resident for any

violation of the Lease not premised on the kinds of violence described above, if HABC and the

privately owned/managed sites refrains from subjecting a victim of domestic violence, dating

violence, sexual assault, or stalking to a more demanding standard than applied to other residents

facing Lease termination. VAWA does not limit HABC and the privately owned/managed site’s

authority to deny or terminate assistance to an individual or family that is not otherwise qualified

or eligible for assistance.

Notwithstanding the protections provided to residents under VAWA, HABC and the privately

owned/managed sites will:

• Comply with court orders that address the rights of access to or control of property,

including civil protection orders issued to protect victims of domestic violence, dating

violence, sexual assault, and stalking; and

• Comply with court orders that address the distribution or possession of property among

members of a household.

In the event HABC and the privately owned/managed sites evicts, removes or terminates assistance

to an individual by bifurcating the Lease HABC and the privately owned/managed sites will refrain

from penalizing the victim of such criminal activity who is a resident or lawful occupant. HABC

and the privately owned/managed sites will also provide any remaining family members with at

least 30 calendar days from the date of bifurcation of the lease or until expiration of the lease to

establish eligibility for continued occupancy if the individual evicted as a result of the bifurcation

of the Lease was the sole resident eligible for housing assistance. If a resident is unable to establish

eligibility, HABC and the privately owned/managed sites will provide resident a reasonable time,

not to exceed 60 days, to find new housing.

HABC will maintain the confidentiality of the resident’s new location in the event the resident

receives an emergency transfer related to VAWA protections.

2.7.6 Notification to Applicants & Residents Regarding Protections Under VAWA

HABC ACOP: DRAFT 7-26-19 2-9

HABC and the privately owned/managed sites will provide notice to applicants and residents of

protections provided under VAWA, in multiple languages when necessary, at the following

junctures:

• At the time the applicant is denied admission to the public housing program.

• At the time the individual is admitted to public housing program.

• With any notification of lease termination or notification of termination of assistance.

2.7.7 Victim Documentation

When a resident family is facing denial or termination of assistance or is requesting an emergency

move because of the actions of a resident household member, or other person under the resident’s

control and a resident or immediate family member of the resident’s family claims that she or he

is the victim of such actions and that the actions are related to domestic violence, dating violence,

sexual assault or stalking, HABC and the privately owned/managed sites will require the individual

to submit documentation affirming that claim.

HABC and the privately owned/managed sites will accept one of three methods for certification

of a claim:

• A completed HUD VAWA Certification Form, which HABC and the privately

owned/managed sites will make available to a resident family upon request and/or

• A Federal, State, tribal, territorial, local police or other law enforcement or court record and/or

• Documentation signed and attested to by an employee, agent, or volunteer of a victim service

provider, an attorney, a medical professional, or a mental health professional, from whom the

victim has sought assistance in addressing domestic violence, dating violence, sexual assault

or stalking, or the effects of abuse, in which the professional attests under penalty of perjury

to the professional’s belief that the incident or incidents in question are bona fide incidents of

abuse, and the victim of domestic violence, dating violence, sexual assault or stalking has

signed or attested to the documentation. The applicant or resident must sign the documentation

provided.

The required certification and supporting documentation must be submitted to HABC and the

privately owned/managed sites within 14 working days after HABC and the privately

owned/managed sites issues a written request for the documentation. The 14-day deadline may be

extended at HABC and the privately owned/managed site’s discretion. If the individual does not

provide the required certification and supporting documentation within 14 working days, or the

approved extension period, HABC and the privately owned/managed sites may proceed with

termination of assistance.

If HABC and the privately owned/managed sites can demonstrate an actual and imminent threat

HABC ACOP: DRAFT 7-26-19 2-10

to other residents or those employed at or providing service to the property, if the resident’s

tenancy is not terminated, HABC and the privately owned/managed sites will bypass the standard

process and proceed with the immediate termination of the family’s assistance.

2.7.8 Conflicting Documentation

In cases where HABC and the privately owned/managed sites receive conflicting certification

documents from two or more members of a household, each claiming to be a victim and naming

one or more of the other petitioning household members as the perpetrator, HABC and the

privately owned/managed sites may determine which is the true victim by requiring each to

provide acceptable third-party documentation, as described above. HABC and the privately

owned/managed sites shall honor any court orders issued to protect the victim or to address the

distribution of property.

2.7.9 Discretion to Require No Formal Documentation

HABC and the privately owned/managed sites have the discretion to provide benefits to an

individual based solely on the individual’s statement or other corroborating evidence—i.e.,

without requiring formal documentation of abuse in accordance with 24 CFR 5.2007(b). If HABC

and the privately owned/managed sites accept an individual’s statement or other corroborating

evidence of domestic violence, dating violence, sexual assault, or stalking, HABC and the privately

owned/managed sites will document acceptance of the statement or evidence in the individual’s

file.

2.7.10 Failure to Provide Documentation

To deny relief for protection under VAWA, HABC and the privately owned/managed sites will

provide the individual requesting relief with a written request for documentation of abuse. If the

individual fails to provide the documentation within 14 working days from the date of receipt, or

such longer time as HABC and the privately owned/managed sites may allow, HABC and the

privately owned/managed sites may deny relief for protection under VAWA.

2.7.11 VAWA Record Retention

HABC and the privately owned/managed sites will retain a record of all VAWA emergency

transfer requests and outcomes for a period not less than three years. HABC and the privately

owned/managed sites will follow HUD reporting requirements regarding VAWA emergency

transfer requests and outcomes.

HABC ACOP: DRAFT 7-26-19 3-1

CHAPTER 3: APPLICATION & WAITING LIST

3.1 INTRODUCTION

The policy of HABC is to ensure that all applicants are treated in a fair and consistent manner.

This Chapter describes the policies and procedures for completing a preliminary application (pre-

application) for assistance and for placement and denial of placement on the waiting lists. HABC

centrally manages the waiting lists for conventional public housing developments, scattered site

properties, RAD properties, properties with LTA units and properties with public housing units

that are in privately owned/managed properties.

3.2 WHO MAY APPLY?

To apply for housing, an applicant must be an adult who is at least 18 years of age or older or

an emancipated minor.

3.3 APPLYING FOR HOUSING ASSISTANCE

HABC’s Admissions and Leasing Office maintains and administers HABC waiting lists for: (a)

properties that it owns and manages; (b) properties that have been converted under the Rental

Assistance Demonstration (RAD); (c) properties with the Long Term Affordable (LTA) units; and

(d) properties with privately owned and/or managed public housing units.

When the waiting list is open, applicants must complete a preliminary application (pre-application)

through HABC’s on-line applicant portal. The on-line portal may be accessed via computer, smart

phone, tablet or at kiosks located at HABC’s Admissions and Leasing Office and at various other

HABC properties. HABC will also provide paper pre-applications upon request.

Pre-applications will be made available in an accessible format upon request from a person with

a disability. Persons with disabilities may call HABC if they need a reasonable accommodation

to complete the pre-application through the on-line portal.

3.4 PRELIMINARY APPLICATION (PRE-APPLICATION) TO PH & PLACEMENT ON

WAITING LIST

The purpose of the pre-application is to collect information needed to place applicants on the

appropriate waiting lists based on developments selected by applicants. Interviews are not

conducted as part of the pre-application process. If an applicant does not select specific

developments, HABC will place the applicant on the centrally administered First Available

Waiting List.

Upon submission of the completed pre-application and development selection form, applicants

will be placed on applicable waiting list(s) according to date and time of application, preference

HABC ACOP: DRAFT 7-26-19 3-2

and size and type of the unit needed. Applicants will receive written confirmation of placement on

the waiting list and their estimated wait time via First-Class Mail.

An applicant will be placed on the waiting list if the pre-application includes:

• Name of the head of household and all household members.

• Dates of birth of the head of household and all household members.

• Social Security number for head of household, where applicable. Social Security numbers

of the other household members will be requested during the eligibility screening). ;

• Mailing address.

• Annual income for the household.

• Race and ethnicity of the head of household.

• Acknowledgement by the head of household of the accuracy of the information provided;

and

• Locations of sites where applicant would accept a unit or determination to be placed on the

available waiting list.

Applicants may not be on both the centrally administered First Available Waiting List CAFAWL)

and a Centrally Administered Location Based Waiting List (CALBWL).

HABC will not pre-screen pre-applications. Information on the application will not be verified

until the applicant has been selected for the eligibility determination. Eligibility will be

determined when the full application process is completed, and all information is verified.

The waiting list for Thompson PCD and Remedial Vouchers is maintained by BRHP and is

separate from any other HABC waiting list. Application for, receipt of, or termination of a

Thompson Voucher will not affect a family’s standing on any other HABC waiting list.

3.5 INFORMATION CONTAINED ON THE WAITING LIST

HABC will organize the waiting list to allow for the accurate identification and selection of

applicants in proper order, according to the admissions policies described in this ACOP.

The waiting list will contain the following information for each applicant listed:

• Name and social security number of head of household.

HABC ACOP: DRAFT 7-26-19 3-3

• Apartment size required (as determined by the occupancy standards for the applicant’s

family composition).

• Gross household income.

• Accessibility requirement, if any.

• Date and time of application and/or application number.

• Household type (family, elderly, disabled);

• Admission preference, if any.

• Race and ethnicity of the head of household; and

• The specific development(s) selected, if applicable.

3.6 TYPES OF WAITING LISTS

HABC centrally administers the waiting lists for:

• Conventional public housing developments.

• Scattered sites.

• RAD properties.

• Referral Program (Special Programs): Applicants are referred directly to HABC under

Special Programs or Allocations

• Mixed population properties and certain other units covered by the Bailey Supplemental

Consent Decree (Bailey);

• Properties with LTA units; and

• Properties with public housing units that are in privately owned/managed properties.

For ease of distinction in this ACOP, the centrally managed waiting lists will be referred as

outlined below. See policies on UNIT OFFERS, UNIT REFUSAL, GOOD CAUSE FOR UNIT

REFUSAL.

• Centrally Administered Location Based Waiting List: CALBWL

o This waiting list includes all units/developments not covered under the Centrally

Administered Mixed Population & Other Units Covered under Bailey

(CAMPBWL) described below.

o Families may select up to 3 developments on the CALBWL

o When selecting only developments covered under the CALBWL, families offered

a unit at one of the CALBWL selected developments, will be removed from all of

the waiting lists covered under the CALBWL if the offer is refused without good

cause.

Families meeting the eligibility requirements for the CAMPBWL may select to be listed on the

CAMPBWL and may select up to two developments on the CALBWL.

HABC ACOP: DRAFT 7-26-19 3-4

• Centrally Administered Mixed Population & Other Units Covered under Bailey:

CAMPBWL:

o This waiting list includes the units at mixed population developments and other

units covered under Bailey.

o Families on this waiting list may receive up to three unit offers and if they refuse

all three offers without good cause, they will be removed from all centrally

managed waiting lists. Families cannot select specific developments covered under

CAMPBWL.

• Centrally Administered First Available Waiting List: CAFAWL

o Families selecting the CAFAWL may not select any other waiting list option.

o Families who select the CAFAWL are listed on all the development waiting lists

for which they are eligible, including those developments covered under the

CALBWL and CAMPBWL.

o Families offered a unit will be removed from the waiting list if the offer is refused

without good cause.

Families may select from the list of waiting list options below; however only families meeting

the eligibility requirements for the CAMPBWL may select to be listed on the CAMPBWL.

Additionally, families meeting the eligibility requirements for the CAMPBWL may select to be

listed on the CAMPBWL and may select up to two developments on the CALBWL.

• CAFAWL only; or

• CALBWL: Up to three developments covered under the CALBWL

• CALBWL and CAMPBWL: Up to two developments covered under CALBWL and

selecting to be listed on the CAMPBWL. For example, an elderly family or a non-elderly

person with a disability may choose to be on the list for the developments covered by the

CAMPBWL and may also choose to be listed on the CALBWL for two family

developments such as Brooklyn Homes and Cherry Hills Homes, etc.; or

• CAMPBWL only, for three offers for developments covered by this waiting list.

All waiting lists will be maintained and operated in a manner that is consistent with applicable

civil rights and fair housing laws and regulations.

3.7 ADMINISTRATION OF THE WAITING LIST

HABC’s waiting list will be administered in such manner to allow HABC to accurately identify

and select families in the proper order, according to admission policies described in this ACOP.

The waiting list will contain information required by federal regulations, as may be amended.

Information provided to applicants in choosing waiting list options will include but not limited to:

HABC ACOP: DRAFT 7-26-19 3-5

• Location

• Number and size of different units

• Occupancy

• Accessible units

• Estimate of the period the applicant would likely have to wait to be admitted at each site

HABC will post on its website and make available, on request, information sheets for each

development which will include but not be limited to:

• Location

• Number and size of different units

• Occupancy

• Accessible units

• Amenities

• Information on transportation, schools, and services in the surrounding area

HABC will manage it waiting lists in a manner that is consistent with HABC’s activities to

affirmatively further fair housing, such as marketing to groups least likely to apply for public

housing. In addition, HABC will have a system for regular review of the results of the location-

based waiting list operation to examine any changes in the racial and/or ethnic makeup and changes

in disability and familial status of each site through the steps described below:

• As part of the annual MTW Plan preparation, HABC will assess any changes in the racial

and ethnic make-up and changes in disability and familial status of each site based on data

that has been determined to be accurate by HABC’s Independent Public Accountant.

• At least every three years HABC will use independent testers or other means satisfactory

to HUD, to assure that location-based waiting lists are not being implemented in a

discriminatory manner, and that no patterns or practices of discrimination exist, and

providing the results to HUD. HABC evaluations will cover disability and familial status

as well as race and ethnicity; and

• HABC will make changes in its location-based waiting list system, as needed, based on the

data and methods above to affirmatively further fair housing.

3.8 CLOSING THE WAITING LISTS

HABC may close the waiting list in whole or in part if there are enough applicants to fill

anticipated openings for the next five years. The waiting list may not be closed if doing so

would have a discriminatory impact inconsistent with applicable civil rights and fair housing

laws and regulations.

Closing of the waiting list will be announced on the Baltimore Housing website and in newspapers

of general circulation, minority publications and other suitable media outlets. HABC will give at

least 30 days’ notice to the public prior to closing the list.

HABC ACOP: DRAFT 7-26-19 3-6

3.9 OPENING THE WAITING LIST

When HABC opens the waiting list, HABC will provide notice of the opening on the Baltimore

Housing website and in newspapers of general circulation, minority publications and other

suitable media outlets. The notice will be made in an accessible format if requested

To reach persons with disabilities, HABC will provide separate notice to local organizations

representing the interests and needs of persons with disabilities.

The waiting list shall be open for the period needed to cover projected turnover for the next five

years.

When a PH development opens, that is part of an existing Location Based Waiting List; HABC

will use the existing waiting list to select applicants.

When a new PH development opens which is not part of an existing CALBWL, HABC will use

the CAFAWL to select applicants for this development. When a determination is made to open

a Waiting List for this development, HABC will provide notice of the opening consistent with the

policies in this ACOP. Existing applicants who would be eligible for housing at the new

development will be allowed to change their site selection and choose the new site; however, the

date and time of application for the new site will reflect the date and time the change was

requested. Applicants on the CAFAWL may also convert to a CALBWL and choose the new

development; however, their date and time of application will be updated to reflect the date and

time the change was requested. Retention of date and time of application when changes are made

is subject to the policy on REPORTING CHANGES WHILE ON THE WAITING LIST.

3.10 UPDATING & PURGING THE WAITING LIST

Applicants are responsible for updating their application to reflect changes as needed to ensure

that all applicants and applicant information is current. HABC will send an update request via first

class mail to applicants identified for update of their application information. For example, HABC

may send an update request to applicants who may be called for an eligibility interview in the next

12 months. The update request will be sent to the last address that HABC has on record for the

family. If the update request is returned to HABC with a forwarding address, HABC will resend

the update request to the new address. If the update request is returned with no forwarding address

or if the update request is not returned within the required time frame, HABC will suspend the

application for one year from the waiting list update request due date. If during that one-year

period, the applicant contacts HABC, HABC will reinstate the applicant on the waiting list with

his/her date and time of application. Additionally, where additional contact information (phone,

e-mail, emergency contact) is available, HABC will attempt to contact the family using the

family’s alternate contact information during the one-year suspension period. If after the one year

suspension period ends, and the applicant has not contacted HABC or responded to HABC update

efforts, HABC will withdraw the applicant’s name from the waiting list.

HABC ACOP: DRAFT 7-26-19 3-7

When an applicant is removed from the waiting list during the update process for failure to

respond to an update request, no informal hearing will be offered. The applicant’s failure to

respond prevents HABC from making an eligibility determination; therefore, no informal hearing

is required.

When an applicant is removed from the waiting list for failure to respond, HABC may reinstate

the applicant if the lack of response was due to HABC error, or in response to an applicant’s

reasonable accommodation request (indicating that the failure to respond was due to a disability)

or due to circumstances beyond the applicant’s control.

3.11 REMOVAL FROM THE WAITING LIST

HABC will follow applicable regulatory requirements for notice of removal. Applicant's names

will be removed from all PH Waiting Lists for as a result of any of the following.

• Being housed in a PH/RAD unit.

• Being withdrawn.

• Being determined ineligible by HABC.

• Refusal—an applicant refused the threshold number of offers of housing without Good

Cause; and

• Upon written request by the applicant family. In such cases no informal hearing is

required.

For the two policies below, rejection assumes that the cause is not related to an actionable unit

which would result in rejection at any development, i.e. lifetime sex offender registration

requirement.

HABC will remove an applicant’s name from a development’s CALBWL when an

owner/management agent rejects an applicant from a specific development. The applicant will

retain placement on all other CALBWLs even if managed by the same owner/management agent.

HABC will allow the applicant to select a new CALBWL and retain his/her date and time of

application.

Where an owner/management agent rejects an applicant from a development covered by the

CAFAWL or CAMPBWL, HABC will retain the applicant’s placement on the CAFAWL and

CAMPBWL; however, the applicant will no longer be offered units at the development where they

were rejected.

HABC ACOP: DRAFT 7-26-19 3-8

3.12 FAMILY OUTREACH

HABC will monitor the characteristics of the population being served and the characteristics of

the population in HABC’s jurisdiction. Targeted outreach efforts will be undertaken in accordance

with HABC deconcentrating activities and Annual Plan.

3.13 REPORTING CHANGES WHILE ON THE WAITING LIST

While a family is on a waiting list, the family must inform HABC of changes in family

composition, preference status, site selections and contact information. The changes must be

submitted on the portal in person to HABC, via US Mail or fax. Changes in the family’s

circumstances while on a waiting list may affect the family’s qualification for a particular bedroom

size or preference and/or estimated wait time.

3.13.1 Changes In Family Composition

If a family reports a change in family composition while on the waiting list, the family will retain

its date and time of application, but the family’s position on the waiting list will be updated to

reflect the updated information/selection. For example, a family qualifies for a two-bedroom unit

and selects three developments with two-bedroom units. After six months on the waiting list,

another family member moves in with the family, and now the family qualifies for a three-bedroom

unit. If the family reports this change to HABC and any of the sites they originally selected do not

have three-bedroom units, the family will be able to select new sites that can accommodate the

family’s new family size and retain its original application date and time.

If the proposed Head of Household of an applicant family dies before a unit offer is made, an adult

family member, listed in the current application, may be instated as Head of Household.

3.13.2 Changes In Site Selection

A family may change its CALBWL site selections while on the waiting list; however, the family’s

date and time of application will be updated to reflect the date and time of the change in site

selections. For example, if a family only selects two CALBWLs and later decides to add a third

CALBWL, the date and time of application for the third CALBWL will reflect the date and time

of the request. The date and time for the two original locations will remain unchanged. Conversely,

if an applicant selects three CALBWLs and later requests to be removed from two of the

CALBWLs, the applicant will retain his/her date and time of application for the one remaining

CALBWL.

If an applicant on the waiting list ages in place and is now elderly or if an applicant becomes

disabled while on the waiting list, HABC will allow the applicant to change a CALBWL selection

or choose the CAMPBWL, as applicable, and retain their date and time of application for the new

selections.

HABC ACOP: DRAFT 7-26-19 3-9

A family may only select sites which have the appropriate unit size for the family’s size and for

which they are eligible based on family composition. For example, a family who qualifies for a

one-bedroom unit may not select a site with only three-bedroom units. Additionally, developments

which are elderly only developments may only be selected by households whose head, co-head or

spouse is elderly.

3.13.3 Changes in Preference

When a family reports a change in preference status while on the waiting list, HABC will update

the preference but retain the date and time of application. The family’s position on the waiting list

will reflect the change in preference status. Families will be required to provide verification of any

claimed preference at the time of screening.

3.13.4 Changes In Type of Waiting List

While on the waiting list, a family may move from CALBWLs to CAFAWL. If a family switches

from CALBWL to CAFAWL or from CAFAWL to CALBWL, the family’s date and time of

application will be updated to reflect the date and time of the change in waiting list.

3.14 SPLIT HOUSEHOLDS WHILE ON THE WAITING LIST

When a family on the waiting list(s) split up into two otherwise eligible families, only one of the

new families may retain the original pre-application date. Other former family members may

submit a new pre- application with a new pre-application date, if the waiting list(s) is open.

In the absence of a judicial decision or an agreement among the original family members, the

original head of household will retain the pre-application date. The head of household may allow

another adult household member on the application to retain the original pre-application date.

Exceptions to the policy will be made on a case-by-case basis and may include consideration of

the following factors:

• The interest of any minor children, including custody arrangements.

• The interest of any ill, elderly, or family member with a disability.

• The interest of a family member who is the victim of domestic violence, dating violence,

sexual assault, or stalking, including a family member who was forced to leave an assisted

unit as a result of such actual or threatened abuse.

• Any possible risks to family members because of domestic violence, dating violence,

stalking, sexual assault or criminal activity; and

HABC ACOP: DRAFT 7-26-19 3-10

• The recommendations of social service professionals.

3.15 MULTIPLE FAMILIES IN SAME HOUSEHOLD

If two families living together apply as a family unit, they will be treated as a family unit.

HABC ACOP: DRAFT 7-26-19 4-1

CHAPTER 4: ELIGIBILITY FOR ADMISSION

4.1 INTRODUCTION

This Chapter defines HABC's criteria for admission and denial of admission to the program. The

policy of HABC is to strive for objectivity and consistency in applying these criteria to evaluate

the qualifications of applicants. HABC staff will review the information provided by the

applicant carefully and without regard to factors other than those defined in this Chapter.

Applicants will be provided the opportunity to explain their circumstances, to furnish additional

information, if needed, and to receive an explanation of the basis for any decision made by HABC

pertaining to their eligibility.

The second phase of the admissions process is the "determination of eligibility". At this time

HABC verifies that the information provided to HABC by the applicant is current and determines

if the applicant is eligible to live in public housing, RAD properties and properties with LTA units.

With the exception of the units that meet the Uniform Federal Accessibility Standards (“UFAS”),

HABC does not determine eligibility of applicants for Albemarle Square, Broadway Overlook and

Homes for Arundel because each of these sites maintains a site-based waiting list. HABC does

refer residents and applicants to Albemarle Square, Broadway Overlook and Homes for Arundel

to occupy their UFAS Accessible Units.

Pursuant to the Thompson Consent Decree, HABC created 22 public housing units (Thompson 22

Units) in neighborhoods within Baltimore City. HABC’s Admissions and Leasing Office is

responsible for screening the families for the Thompson 22 Units in accordance with the criteria

outlined in this chapter. The Baltimore Regional Housing Partnership (BRHP) is under contract

with HABC to counsel and prepare the families prior to them moving into the units.

The RAD properties and the properties with LTA units conduct additional screening for eligibility

pursuant to the LTA Criteria. In addition, other privately owned and managed sites conduct

additional screening pursuant to their tenant selection and assignment plans.

4.2 DEFINITIONS

4.2.1 Family

To be eligible for admission, an applicant must qualify as a family. The definition of family is

made regardless of actual or perceived sexual orientation, gender identity, or marital status, Family

as defined by HUD, includes but is not limited to the following:

• A family with or without children (if a child is temporarily absent from home due to

placement in foster care, the temporary absence shall not be considered in determining the

family composition and family size if the absence is presumed to be for less than 180 days).

HABC ACOP: DRAFT 7-26-19 4-2

• An elderly family.

• A near elderly family.

• A non-elderly person with a disability family.

• The remaining member of a resident family who was listed on the lease.

• A one-person household who is not elderly, displaced, or a person with disabilities.

• Two or more elderly persons or persons with disabilities living together,

• One or more elderly persons or persons with disabilities who have a live-in aide.

• Two or more near-elderly persons living together,

• One or more near-elderly persons who have a live-in aide.

• Two or more individuals who are not related by blood, marriage, adoption, or other

operation of law, but who either can demonstrate that they have lived together previously

or certify that everyone’s income and other resources will be available to meet the needs

of the family.

4.2.2 Household

Household is a broader term that includes additional people who, with HABC’s permission, live

in a public housing unit, such as live-in aides, foster children, and foster adults.

4.2.3 Elderly Persons

An Elderly Person is a person who is at least 62 years of age.

4.2.4 Near-Elderly Persons

A Near-Elderly person is a person who is 50-61 years of age.

4.2.5 Elderly Family

An elderly family is one in which the head, spouse, co-head, or sole member is an elderly person.

Identifying elderly families is important because these families qualify for the elderly family

allowance and the medical allowance as described in Chapter 6 and may qualify for a particular

type of development as noted in Chapter 4.

HABC ACOP: DRAFT 7-26-19 4-3

An elderly family is one in which the head, spouse, co-head, or sole member is an elderly person.

Elderly families qualify for the elderly family allowance and the medical allowance described in

Chapter 8 and may qualify for a senior only development, an HABC mixed population

development or a RAD mixed population development.

4.2.6 Non-elderly Person with a Disability Family

A non-elderly person with a disability family is a family whose sole member, head of household,

or head of household’s spouse is a person with a disability who is under the age of sixty-two (62),

and who is eligible for a one-bedroom public housing unit or for a two-bedroom public housing

unit because a second bedroom is needed for disability related reasons. A non-elderly person

with a disability may qualify for LTA units designated for non-elderly persons with disabilities,

an HABC mixed population development or a RAD mixed population development.

4.2.7 Head of Household

The head of household is the adult member of the household who is designated by the family as

head, is wholly or partly responsible for paying the rent, and has the legal capacity to enter into a

lease under State/local law.

Emancipated minors who qualify under State law will be recognized as head of household if there

is a court order declaring them as an emancipated minor. If there is no court order, HABC will

consider other evidence of emancipation recognized under Maryland state law such as, for

example, a person under 18 who is married or serving in the military.

A family may designate an elderly member or member who is a non-elderly person with a disability

as head of household solely to qualify the family for the income deduction available for elderly

persons and non-elderly persons with disabilities, provided that the person is at least partially

responsible for paying the rent.

4.2.8 Spouse of Head of Household

Spouse means the marriage partner of the Head of Household.

For proper application of the Noncitizens Rule, the definition of spouse is: the marriage partner

who, in order to dissolve the relationship, would have to be divorced. The term "spouse" does not

apply to boyfriends, girlfriends, significant others, or co-heads.

4.2.9 Co-head

An individual in the household who is equally responsible with the head of household for

HABC ACOP: DRAFT 7-26-19 4-4

ensuring that the family fulfills all of its responsibilities under the program, but who is not spouse.

A household may have either a spouse or co-head, but not both. A co-head never qualifies as

a dependent.

4.2.10 Adult/Other Adult

An adult is an individual who is 18 years of age or older. Other adult means a family member,

other than the head of household, spouse or co-head, who is 18 years of age or older. Foster adults

and live-in aides are NOT considered other adults.

4.2.11 Other Definitions

Definitions for the following can be found in the glossary:

• Dependent

• Full Time Student

4.3 FOSTER CHILDREN AND FOSTER ADULTS

Foster adults are adults, unrelated to the resident family, who are approved by a state placement

agency to live with the household. Foster children are children approved by a state placement

agency to live with household.

Foster children and foster adults who are living with an applicant or resident family are considered

household members but not family members and therefore do not have residual rights to the unit.

4.4 LIVE-IN AIDE

A household may include a live-in aide provided that such live-in aide:

• Is 18 years of age or older.

• Is essential to the care and well-being of an elderly person or a person with disabilities in

the household as verified in writing by a health professional.

• Is not obligated for the support of the person(s).

• Would not be living in the unit except to provide care for the person(s); and

• Can demonstrate current residency in good standing by providing a landlord reference.

A live-in aide is not considered to be an assisted family member and has no rights or benefits under

HABC ACOP: DRAFT 7-26-19 4-5

the program:

• The income of the live-in aide will not be counted for purposes of determining

eligibility or level of benefits.

• Live-in aides are not subject to Noncitizen Rule requirements.

• Live-in aides may not be considered as a remaining member of the resident family.

Relatives are not automatically excluded from being live-in aides.

Residents may not convert a live-in aide to a household member because such a conversion would

allow individuals to circumvent the application process and the public housing waiting list.

HABC will not allow household members currently listed on the lease to become the live-in aide.

Residents may not remove household members from the household only to add the same household

member back as a live-in aide.

A live-in aide may only reside in the unit with the approval of HABC. Written verification will be

required from a reliable, knowledgeable professional, such as a doctor, social worker, or

caseworker certifying that a live-in aide is needed for the care of the family member who is elderly

or a person with a disability.

After HABC approves the addition of a live-in aide on behalf of an applicant or a resident, the

applicant or resident must submit a specific live-in aide’s name and information for approval by

HABC.

Any person proposed as a live-in aide, including relatives, must pass HABC’s screening eligibility

criteria. HABC has the right to disapprove the person identified to be the live-in aide based on the

"Other Eligibility Criteria" described in this Chapter, as applicable.

Because a live-in aide is an individual who resides in a unit in order to assist a person who is

elderly or has a disability, and is not considered to be a household member, it is HABC's policy

that no more than one individual at a time may serve as the live-in aide and reside in the resident’s

unit. HABC is not obligated to house the family members of live-in aides.

If the live-in aide or a live-in aide’s guest violates a lease provision or participates in drug-related or

criminal activity, HABC will rescind the live-in aide’s right to occupy the unit. When HABC

rescinds the live-in aide’s right to occupy the unit, the live-in aide is not entitled to the grievance

hearing process of the agency.

4.5 JOINT CUSTODY OF DEPENDENTS

Dependents who are subject to a joint custody arrangement will be considered a member of the

family if they live with the applicant or resident family 50 percent or more of the time.

HABC ACOP: DRAFT 7-26-19 4-6

When more than one applicant or resident (regardless of program) are claiming the same

dependents as family members, the family with primary physical custody at the time of the initial

examination or reexamination will be able to claim the dependents. If there is a dispute about

which family will be allowed to claim the dependents, HABC will make the determination based

on available documents such as court orders and IRS income tax returns showing which family

has claimed the child for income tax purposes, school records, and/or other credible

documentation.

HABC may make an exception to the Occupancy Standard policy set forth in this ACOP and allow

two assisted households space for the same dependent children where there is joint physical and

legal custody; however, HABC will only allow one household to claim the dependent deduction.

Exceptions to the Occupancy Standard policy for these instances will be reviewed on a case-by-

case basis.

4.6 REQUIREMENT TO ATTEND INTERVIEW

Applicants are required to attend an interview. HABC will verify applicant information, conduct

eligibility and suitability screening, and then make a determination about the applicant’s eligibility

for assistance. Screening will be carried out in accordance with the policies in this ACOP.

Applicants will be sent an eligibility appointment letter when they reach the top of the waiting list.

The letter scheduling the interview will identify the documents the applicant is required to bring

to the interview and the factors to be verified. HABC utilizes the application interview to discuss

the family’s circumstances in greater detail, to clarify information that has been provided by the

family, and to ensure that the information is complete. The interview is also used as a vehicle to

provide to the family information about the application process, verification process, and other

HABC services or programs, which may be available.

All adult household members are required to attend the interview. If a family misses two scheduled

interviews, without good cause, HABC will withdraw the family from the waiting list.

If an elderly or disabled family misses the second scheduled interview, HABC will attempt to

contact the head of household by phone and schedule a third interview. If HABC is still unable to

reach the applicant HABC will withdraw the family from the waiting list.

If a family is withdrawn from the waiting list and then responds to HABC within 90 calendar days

from the date of withdrawal, HABC will reinstate the family to the waiting list.

Reasonable accommodation will be made for persons with a disability who require an advocate

or accessible offices or to have the interview conducted at a location other than HABC’s offices.

A designee will be allowed to provide information on behalf of the applicant, but only with

permission of the person with a disability.

If an application is withdrawn due to failure to attend the full application interview, the applicant

will be notified in writing that the application has been withdrawn from the waiting list and that

HABC ACOP: DRAFT 7-26-19 4-7

they may re-apply for housing assistance if the waiting list is open. The applicant will also be

offered an opportunity to request an informal hearing.

The head of household and spouse, regardless of age, and all adult members must sign form

HUD-9886, "Release of Information," the declarations and consents related to

citizenship/immigration status and any other documents required by HABC. Applicants will be

required to sign specific verification and/or consent forms for information that is not covered by

the HUD-9886. Failure to sign required documents will be cause for withdrawal of the application

for failure to provide necessary certifications and releases as required by HABC.

Information provided by the applicant will be verified, including information related to

preferences, family composition, income, allowances and deductions, assets, eligible

immigration status, full-time student status and other factors related to eligibility and rent

calculation.

If HABC determines at or after the interview that additional information or document(s) are

needed, HABC will request the document(s) or information in writing. The applicant will be given

5 working days to supply the information. If the information is not supplied in this time, HABC

will provide the applicant a notification of denial for assistance. The applicant will also be offered

an opportunity to request an informal hearing. (See CHAPTER 17: INFORMAL HEARINGS FOR

APPLICANTS)

4.7 COMPLETION OF A FULL APPLICATION

The full application for housing will be completed during the eligibility interview. Applicants will

be required to furnish complete and accurate information as requested by the interviewer during

the interview. HABC will obtain the information necessary to process and screen applicants for

eligibility and suitability.

4.8 VERIFYING FACTORS FOR ELIGIBILITY

Upon completion of the application interview, the following items will be verified to determine

eligibility for admission to HABC’s housing:

• Local preference

• Family composition and type (elderly/nonelderly person with a disability/family)

• Annual income (including assets and asset income)

• Deductions from annual income

• Social Security numbers for all family members

• Information used in applicant screening

• Citizenship or eligible immigration status

• Criminal history report

• Credit history

• Prior debt to a federally and/or state assisted housing program

HABC ACOP: DRAFT 7-26-19 4-8

• Prior tenancy in federally assisted housing

• Landlord references

The household is not eligible for a unit offer until a final eligibility determination has been made

and an appropriate vacant unit is available.

4.9 QUALIFICATION FOR ADMISSION

An applicant is qualified if he or she meets the following criteria:

• Is a family as defined in this Chapter;

• Heads a household where at least one member of the household is either a citizen or

eligible non-citizen.

• Has an annual income at the time of admission at or below defined income limits?

• Provides a Social Security number for all family members as required.

• Consents to HABC’s collection and use of family information as provided for in HABC

consent forms.

• Meets the resident Selection and Suitability Criteria as set forth in this policy including the

criminal background screening, debt screening, suitability screening and the attendance and

successful completion of the HABC’s pre-occupancy class.

4.10 DESIGNATED HOUSING

HABC has units that are designated for occupancy by elderly persons and other units that are

designated for non-elderly persons with a disability. Designated units reserved for elderly persons

and/or for non-elderly persons with a disability shall only be occupied by applicants who meet the

criteria for the designated units.

4.11 ELIGIBILITY AND SCREENING CRITERIA

The applicant must provide information needed by HABC to confirm eligibility and to determine

the appropriate level of assistance. An applicant’s intentional misrepresentation of any

information related to eligibility, award of preference for admission, housing history, allowance,

family composition or rent will result in denial of admissions.

4.11.1 Preference Verification

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As part of the screening process, where applicable, HABC will identify the admissions preference

under which the applicant was selected from the waiting list. HABC will verify that the applicant

meets the claimed admissions preference.

Where an applicant was selected from the waiting list under a certain preference and where the

applicant cannot verify eligibility for such preference, HABC will return the applicant to the

waiting list with no preference. The applicant’s position on the waiting list will be re-ordered to

reflect the revision to the preference status.

4.11.2 Legal Capacity of the Head of Household

The head of household must have the legal capacity to enter into a lease under state and local

law. HABC does not permit a parent or legal guardian to co-sign the lease on the applicant's

behalf if the head of household is under 18 and, under State/local law, does not have the legal

capacity to enter a legally binding contract. A minor who is emancipated under state law may

be designated the head of household.

4.11.3 Income Limits for Eligibility

To be income eligible, the annual income of an applicant must meet one of the following:

• Low-income family. A family whose annual income does not exceed 80 percent of area

median income (AMI), adjusted for family size.

• Very low-income family. A family whose annual income does not exceed 50 percent of

AMI, adjusted for family size.

• Extremely low-income family. A family whose annual income does not exceed the higher

of the federal poverty level or 30 percent of AMI.

4.11.4 Mandatory Social Security Numbers

The applicant and all members of the applicant’s household must provide the complete and

accurate Social Security number assigned to each household member, and the documentation

necessary to verify each Social Security number. See policies on verification of SOCIAL

SECURITY NUMBERS.

These requirements do not apply to noncitizens who do not contend they have eligible immigration

status.

Those applicants who cannot provide verification of Social Security numbers at the time of screening

will be given 90 calendar days to provide verification of their Social Security number. If Social Security

number verification is not provided within the required time frame, HABC will deny assistance to the

HABC ACOP: DRAFT 7-26-19 4-10

applicant.

An applicant family may become a program participant, even if the family lacks the

documentation necessary to verify the Social Security Number (SSN) of a family member under

the age of 6 years. HABC will allow the family a 90-day period to verify the SSN of the family

member under the age of 6 years. An extension of one additional 90-day period must be granted

if HABC determines that, in its discretion, the applicant’s failure to comply was due to

circumstances that could not reasonably have been foreseen and were outside of the control of the

applicant.

The Social Security number requirement also applies to persons joining the family after admission

to the program. Failure to furnish verification of Social Security numbers is grounds for

termination of tenancy.

The SSN requirement also applies to persons joining the family after admission to the program.

Failure to furnish verification of social security numbers is grounds for termination of tenancy.

Individuals exempt from providing a Social Security number are:

• Individuals who do not have eligible immigration status; and

• Residents age 62 and older as of January 31, 2012, whose initial determination of eligibility

was begun before January 31, 2010.

Residents who have previously disclosed a valid Social Security number during a recertification

process will not be required to resubmit a Social Security number unless they are issued a new

Social Security number by the Social Security Administration.

4.11.5 Citizenship/Eligible Immigration Status

In order to receive assistance, at least one family member must be a U.S. citizen, national or non-

citizen with eligible immigration status. Eligible immigrants are persons who are in one of the six

immigrant categories as specified by HUD.

For the Citizenship/Eligible Immigration requirement, the status of each member of the family is

considered individually before the family's status is defined. HABC will verify the

citizenship/immigration status of applicants when other eligibility factors are determined.

See CHAPTER 7: VERIFICATION for policies related to verification of citizenship and eligible

immigration status.

4.11.6 Mixed Families

A mixed family means a family whose members include those with citizenship or eligible

immigration status, and those without citizenship or eligible immigration status. If one family

member is either a citizen or an eligible immigrant, the family will qualify as a mixed family and

HABC ACOP: DRAFT 7-26-19 4-11

will have its

housing assistance

pro-rated (which means that such family will pay a higher rent than

the family would if all family members were either citizens or eligible immigrants).

4.11.7 No Eligible Members

Applicant families that include no eligible members will be ineligible for assistance. Such families

will be denied admission and offered an opportunity for a hearing. (See CHAPTER 17:

INFORMAL HEARINGS: NON-CITIZENS).

4.11.8 Non-citizen Students

Non-citizen students, as defined by HUD in the regulations, are not eligible for assistance. HABC

will establish and verify that an applicant is a non-citizen student before denying eligibility. See

regulations at 24 CFR 5.522.

4.11.9 Occupancy by Police Officers

In order to provide an increased sense of security for public housing residents HABC may allow

public housing units to be occupied by police officers.

Police officers will not be required to be income eligible to qualify for admission to HABC's public

housing program.

4.12 OTHER ELIGIBILITY CRITERIA

All applicants will be processed in accordance with The MTW Agreement and sound management

practices. Applicants will be required to demonstrate ability to comply with essential provisions

of the lease as summarized below.

Applicants will be required to present a valid photo identification card (such as a driver’s license,

state issued ID, student ID, etc.) for verification.

All applicants must demonstrate, through an assessment of current and past behavior, the ability

to:

• Pay rent and other charges as required by the lease in a timely manner.

• Care for and avoid damaging the unit and common areas.

• Use facilities, appliances, and equipment in a reasonable way.

• Create no health or safety hazards.

• Report maintenance needs in a timely manner.

• Not interfere with the rights and peaceful enjoyment of others.

• Avoid damaging the property of others.

HABC ACOP: DRAFT 7-26-19 4-12

• Not engage in criminal activity or alcohol abuse that threatens the health, safety or right to

peaceful enjoyment of other residents or staff.

• Not engage in drug-related criminal activity on or off the HABC premises.

• Not have ever been convicted of manufacturing or producing methamphetamine, also

known as "speed," on the premises of federally assisted housing.

• Not contain a household member subject to lifetime sex offender registration requirement

under a state sex offender registration program.

• Comply with necessary and reasonable rules and program requirements of HUD and

HABC; and

• Comply with local health and safety codes.

4.13 ADMINISTRATION OF SCREENING

All screening procedures shall be administered fairly and in such a way as not to discriminate on

the basis of race, color, sex, religion, national origin, ancestry, age, familial status, marital status,

disability, sexual orientation or gender identity, and not to violate a right to privacy.

4.14 DEFINITIONS RELATED TO SCREENING

• “Currently engaging in or engaged in drug-related criminal activity” includes but is

not limited to:

•

Evidence that the individual has, within the past three years, engaged in the

behavior recently enough to justify a reasonable belief that the individual’s

behavior is current.

•

Evidence of a history or pattern of illegal substance abuse that the individual

has, within the past three years, engaged in to justify a reasonable belief that

the individual’s behavior is current.

• “Currently engaging in or engaged in violent or other criminal activity” includes but is not

limited to:

•

Evidence that the individual has, within the past three years, engaged in the behavior

recently enough to justify a reasonable belief that the individual’s behavior is

current

•

Any history or evidence of repeated acts of violence on the part of an individual, or

a pattern of conduct constituting a danger to peaceful occupancy by neighbors.

•

Any history of initiating threats or behaving in a manner indicating an intent

to assault employees or other residents.

• “Controlled substance” and “Drug” means a controlled substance as defined in section 102

of the Controlled Substances Act (21 U.S.C. 802).

HABC ACOP: DRAFT 7-26-19 4-13

• “Drug-related criminal activity” means the illegal manufacture, sale, distribution, or

use of a drug, or the possession of a drug with intent to manufacture, sell, distribute,

or use the drug. Drug-related criminal activity means on or off the premises, not just

on or near the premises.

• “Covered person” means a resident, any member of the resident’s household, a guest,

or another person under the resident’s control.

• “Guest” for purposes of this Chapter, means a person temporarily staying in the unit with

the consent of a resident or other member of the household who has express or implied

authority to so consent on behalf of the resident.

• “Household” means the resident family and HABC-approved live-in aide.

• “Other Criminal Activity” includes any criminal activity that threatens the health, safety

or right to peaceful enjoyment of the resident's public housing premises by other residents

or employees of HABC.

• “Other Person under the Resident’s Control,” means that the person, although not staying

as a guest (as defined above) in the unit is, or was at the time of the activity in question,

on the premises (as defined in this section) because of an invitation from the resident or

other member of the household who has express or

implie

authorit

y to so consent on

behalf of the resident.

• “Premises” means the building or complex or development in which the public housing

dwelling unit is located, including common areas and grounds.

• “Violent criminal activity” means any criminal activity that has as one of its elements the

use, attempted use, or threatened use of physical force substantial enough to cause, or be

reasonably likely to cause, serious bodily injury or property damage.

4.15 ENTERPRISE INCOME VERIFICATION (EIV) SCREENNG

HABC will conduct EIV screening for new applicants. An EIV existing tenant search will be

conducted on minor and adult members to identify applicants who may be receiving federal rental

assistance. If the EIV existing tenant search reveals that an applicant may be receiving another

federal housing program subsidy, HABC will give the applicant the opportunity to explain any

circumstances relative to his/her receiving another federal rental assistance subsidy. HABC may

contact the respective Public Housing Agency (PHA) or owner to confirm the individual’s program

participation status before admission. HABC will not enter into a lease with an applicant until

confirmation is obtained that there will be no duplicate rental assistance.

HABC will conduct EIV screening on all adult household members to identify former residents of

HABC ACOP: DRAFT 7-26-19 4-14

federally assisted rental programs who voluntarily or involuntarily left the program and have a

reportable adverse status and/or owe money to a PHA or to a landlord as a result of participation

in the Housing Choice Voucher Program (HCVP).

HABC will retain the search results with the application along with any documentation obtained

as a result of contacts with the applicant and the PHA and/or owner at the other location.

4.16 DEBT SCREENING

HABC will conduct a debt screening on all members 18 years old or older.

Previous outstanding debts to HABC or any public housing authority resulting from a previous

tenancy in the public housing or participation in the HCVP must be paid in full prior to admission.

No payment agreement will be accepted. The applicant will be rejected unless the applicant pays

the debt in full within 60 calendar days from the date HABC notifies the applicant of the debt

unless HABC determines that mitigating circumstances exist, or the debt cannot be collected under

law. Debts discharged in bankruptcy may not be collected. Debts may not be collected under

Maryland state law three years after the debt was incurred. If the debt was incurred in another

state, a determination as to whether the debt may be collected shall be made in consultation with

HABC’s Office of Legal Affairs.

Each person who has signed the lease is responsible for the entire debt incurred as a previous

HABC resident; however, remaining family members listed on the lease who did not sign the

lease, such as children of the head of household or spouse, will not be held responsible for the

parent's unpaid debt.

4.16.1 Denial for Debt to HABC

HABC may deny assistance to an applicant:

• If the applicant family has current debt to HABC or another PHA or a judgment against them

in connection with participation in the HCVP or public housing assistance under the 1937 Act

for amounts paid to an owner under a HAP contract for rent, damages to the unit or other

amounts owed by the applicant family under the lease and the amount is not fully repaid within

60 calendar days from the date HABC notifies the applicant of the debt; and/or

• If the applicant family has breached a repayment agreement with HABC or another PHA

entered in connection with participation in the HCVP or public housing assistance under the

1937 Act, and the amount is not fully repaid within 60 calendar days from the date of the

screening appointment.

Mitigating Factors

Review and approval by the Admissions and Leasing Manager is required when admission is based

HABC ACOP: DRAFT 7-26-19 4-15

on mitigating factors. HABC may consider the following factors when considering denial of

assistance related to debt screening:

• The effects that denial of assistance may have on other members of the family who were

not involved in the action or failure.

• Circumstances which led to the creation of the debt, i.e., death of a household member,

layoff, medical expenses.

• Current financial circumstances.

• The extent of participation or culpability of individual family members, including whether

the culpable family member is a minor or a person with disabilities, or a victim of domestic

violence, dating violence, or stalking.

4.17 CRIMINAL BACKGROUND SCREENING

HABC will check criminal history for all members of the applicant’s household who are 14 years

of age and older to determine whether any such member has engaged in drug-related, violent or

other criminal activity.

Verification of any past criminal activity will be done prior to final eligibility and will include a

review of conviction records.

HABC will deny eligibility for admission for a period of 18 months for a misdemeanor conviction

and for a period of three years for a felony conviction beginning on the date of conviction or the

release from incarceration, whichever is later.

HABC will not base a determination that an applicant or household engaged in criminal activity

warranting denial of admission, termination of assistance, or eviction on a record of arrest(s).

HABC has the authority to deny an applicant based on the results of the criminal background

check. If HABC denies admission based on the criminal background check and the applicant

disagrees with the results of the criminal background check the applicant may present

documentation that the criminal background check results are incorrect.

If HABC denies assistance based on criminal record information, HABC will notify the applicant

of the denial and will make the record available upon request to the applicant. The applicant will

have an opportunity to dispute the accuracy and relevance of the information through the informal

review process.

If the criminal record check identifies a pending criminal investigation or charge, HABC will

suspend an eligibility determination. HABC will inform the applicant that he/she may request

reactivation of the application within 90 calendar days of the final disposition of the case, provided

the disposition is not a conviction. If reactivation of the application is not requested within 90

HABC ACOP: DRAFT 7-26-19 4-16

calendar days, the applicant will be withdrawn.

4.18 DENIALS

4.18.1 Mandatory Denials

HABC will deny assistance because of one of the following:

• Any household member has been convicted of drug-related criminal activity for the production

or manufacture of methamphetamine on the premises of federally assisted housing. This denial

will be permanent.

• Any household member was evicted from public housing, Indian housing, or any Section 8

program because of drug-related or other criminal activity, for a three-year period beginning

on the date of eviction. For purposes of this ACOP, the term eviction shall include any

household member leaving the unit because of a pending eviction, pending termination from

the federally assisted program or other pending adverse action due to alleged criminal activity

or due to a pending lease enforcement action.

• A member of the household who is subject to any registration requirement under a State sex

offender registration program, so that the period of ineligibility will be the same as the period

required for registration.

Mitigating Factors

Review and approval by the Admissions and Leasing Manager is required when admission is based

on mitigating factors. HABC may consider the following as a mitigating factor to reverse

mandatory denial of assistance related to criminal background screening:

• Removal of the culpable family member from the application. In such instances, the head

of household must certify that the family member will not be permitted to visit or to stay

as a guest in the assisted unit.

4.18.2 Other Denials

HABC may deny assistance because of one of the following:

• HABC determines there is reasonable cause to believe that any household member is currently

engaging in or has engaged in drug-related, violent, or other criminal activity.

• HABC determines there is reasonable cause to believe that any household member is currently

abusing alcohol in a way that may interfere with the health, safety or right to peaceful

HABC ACOP: DRAFT 7-26-19 4-17

enjoyment of the premises by other residents. This includes cases where HABC determines

that there is a pattern of alcohol abuse.

Mitigating Factors

Review and approval by the Admissions and Leasing Manager is required when admission is based

on mitigating factors. HABC may consider the following as mitigating factors to reverse denial

of assistance related to criminal background screening during the information review process:

• The seriousness of the case, especially with respect to how it would affect other residents.

• The effects that denial of assistance may have on other members of the family who were

not involved in the action or failure.

• The extent of participation or culpability of individual family members, including whether

the culpable family member is a minor or a person with disabilities, or a victim of domestic

violence, dating violence, or stalking.

• The length of time since the violation occurred, the family’s recent history and the

likelihood of favorable conduct in the future.

• Evidence of the family’s participation in or willingness to participate in social service or

other appropriate counseling service programs.

• In the case of drug or alcohol abuse, whether the culpable household member is

participating in or has successfully completed a supervised drug or alcohol rehabilitation

program or has otherwise been rehabilitated successfully. HABC will require the applicant

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.

• Evidence of work history or history of community volunteer work

• Satisfactory completion of probation.

• Removal of the culpable family member from the application. In such instances, the head

of household must certify that the family member will not be permitted to visit or to stay

as a guest in the assisted unit.

• The circumstances that led to eviction no longer exist, i.e., the criminal household

member has died or is imprisoned.

4.19 CONFIDENTIALITY OF CRIMINAL RECORDS

HABC will ensure that any criminal record received is: (1) maintained confidentially; (2) not

HABC ACOP: DRAFT 7-26-19 4-18

misused or improperly disseminated; and (3) is destroyed once the purpose for which it was

requested is accomplished.

HABC will document in the applicant’s file that the applicant was denied admission due to findings

in the Criminal History Report.

4.20 DISCLOSURE OF CRIMINAL RECORDS TO APPLICANT

When HABC takes any adverse action based on a criminal conviction record, the applicant and

subject of record will be provided with a copy of the criminal record and an opportunity to dispute

the record. Applicants will be provided an opportunity to dispute the record at an informal hearing.

4.21 TENANT READINESS TRAINING

The admissions process will include a pre- and/or post-occupancy Tenant Readiness Training.

HABC will try to assess an applicant’s readiness for housing prior to admission. However, in

certain circumstances HABC may require the applicant/resident to attend training after admission.

These cases include but are not limited to:

• When the applicant must be housed precipitously due to an emergency (as defined by the

policies in the Tenant Selection and Assignment chapter of this ACOP); or

• As a reasonable accommodation.

Notwithstanding the foregoing, an applicant’s failure to complete the Tenant Readiness Training

may result in denial of admission or termination of tenancy.

4.22 SCREENING FOR SUITABILITY

HABC may conduct a detailed interview and screening of all applicants. The interview may contain

questions designed to evaluate the qualifications of applicants to meet the essential requirements

of tenancy. Answers will be subject to third party verification.

HABC may complete a rental history check on all applicants.

In the absence of satisfactory landlord documentation, applicants must be able to demonstrate the

ability and willingness to comply with the terms of the lease. If the applicant is a person with a

disability, he or she must be able to demonstrate the ability and willingness to comply with the

terms of the lease with or without a reasonable accommodation.

HABC may rely upon sources of information which may include, but are not limited to, HABC

records, personal interviews with the applicant or resident, interviews with previous landlords,

employers, social workers, parole officers, criminal and court records, clinics, physicians, the

HABC ACOP: DRAFT 7-26-19 4-19

police department, and home visits for persons who have had negative landlord reference(s) for

poor housekeeping habits.

Factors to be considered in the screening are housekeeping habits, rent paying habits, prior history

as a resident, criminal records, the ability of the applicant to maintain the responsibilities of

tenancy, and whether the conduct of the applicant in present or prior housing has been such that

admission to the program would adversely affect the health, safety or welfare of other

ident

s, or

the physical environment, or the financial stability of the project.

HABC's examination of relevant information pertaining to past and current habits or practices may

include, but is not limited to, an assessment of:

• A credit history checks to determine if there is unreported income and/or assets, i.e., if an

applicant claimed zero income and routinely pays $500 toward a credit card, HABC would

question the source of the funds to pay on the credit card.

• The applicant's past performance in meeting financial obligations, especially payment of rent

and utilities, which may include a credit history check.

• Eviction, a record of disturbance of neighbors sufficient to warrant a police call,

destruction of property, and past or present housekeeping habits that may adversely

affect the health, safety, or welfare of other residents or neighbors.

• Any history or evidence of repeated acts of violence on the part of any applicant family

member, or a pattern of conduct constituting a danger to peaceful occupancy by

neighbors.

• Any history of initiating threats or behaving in a manner indicating an intent to assault

employees or other residents.

4.22.1 Rent Paying Habits

HABC may examine any records from a prior tenancy and may request written references from

the applicant's current landlord and may request written references from former landlords up to

the past three years to determine if the applicant was chronically late with rent payments, was

evicted at any time during the past three years for nonpayment of rent, or had other legal action

initiated against him/her for debts owed. Any of these circumstances may be grounds for an

ineligibility determination. HABC will consider the following factors during an informal review,

if requested by the applicant:

(1) Amount of former rent.

(2) Loss of employment.

(3) Death or divorce from primary support.

(4) Illness or other circumstances beyond applicant’s control.

HABC ACOP: DRAFT 7-26-19 4-20

Applicants will not be considered to have a poor credit history if they were late paying rent because

they were withholding rent due to substandard housing conditions in a manner consistent with

applicable laws; or had a poor rent paying history clearly related to an excessive rent relative to

their income (using 50% of their gross income as a guide), and responsible efforts were made by

the applicant to resolve the nonpayment problem.

4.23 ESTIMATION OF DATE OF OCCUPANCY

At the time the applicant completes the full application, HABC will make every effort to

accurately estimate an approximate date of occupancy; however, the date given by HABC does

not mean that applicants should expect to be housed by that date. The availability of a suitable unit

to offer an applicant is contingent upon factors not directly controlled by HABC, such as turnover

rates, and market demands as they affect bedroom sizes and project location.

4.24 DOCUMENTING FINDINGS RELATED TO SCREENING

An authorized representative of HABC will document any pertinent information received relative

to the following:

• Criminal Activity - includes the activities identified in the criminal background check.

• Pattern of Violent Behavior - includes evidence of repeated acts of violence on the part of

an individual, or a pattern of conduct constituting a danger to peaceful occupancy of

neighbors.

• Pattern of Drug Use - includes a determination by HABC that the applicant

s exhibited

a pattern of illegal use of a controlled substance, which might interfere with the health,

safety, or right to peaceful enjoyment of the premises by other residents.

• Drug-Related Criminal Activity - includes a determination by HABC that

the applicant

has

been involved in the illegal manufacture, sale, distribution, or use of an illegal drug, or the

possession of a drug with the intent to manufacture, sell, distribute or use the illegal drug.

• Pattern of Alcohol Abuse - includes a determination by HABC that the applicant's

pattern of alcohol abuse might interfere with the health, safety or right to peaceful

enjoyment of the premises by other residents.

• Initiating Threats - includes a determination by HABC that the applicant has a history

of behaving in a manner indicating intent to assault employees or other residents.

• Abandonment of a Public Housing Unit – is a determination by HABC that the applicant

left a PHA unit without advising PHA management staff so that staff could secure the

unit and protect the property from vandalism.

HABC ACOP: DRAFT 7-26-19 4-21

• Non-Payment of Rightful Obligations – a determination by HABC that the applicant

owes rent, utilities and/or other charges to HABC or any other public housing authority.

• Intentionally Falsifying an Application for Leasing – a determination by HABC that

the applicant provided false information about family income OR size, used an alias

on the application for housing, or made any other materially false statement or

omission intended to mislead.

• Grossly Unsanitary or Hazardous Housekeeping – a determination by HABC that the

applicant created a fire hazard through acts such as hoarding rags, papers, or any other

materials; severely damaged the premises and equipment; caused infestation; caused foul

odors, deposited garbage in halls; or seriously neglected the premises. This category does

not include a determination that the housekeeping is found to be superficially unclean or

lacking in orderliness, where such conditions do not create a problem for neighbors.

•

Destruction of Property – a determination by HABC that the applicant destroyed property in

previous rentals.

4.25 PROHIBITED CRITERIA FOR DENIAL OF ADMISSION

HABC will not reject an applicant because:

• The applicant has no income.

• The applicant is not employed.

• The applicant does not participate in a job-training program.

• The applicant will not apply for various welfare or

benefit programs.

• The applicant has children.

• The applicant’s marital status.

• The applicant is on welfare.

• The applicant is a student

4.26 OWNER SELECTION OF TENANTS

After HABC has conducted applicable screening, HABC will refer eligible applicants to owners

who have vacant units. The owner is responsible for developing and HABC is responsible for

approving, owner written tenant selection plans which must be consistent with improving housing

HABC ACOP: DRAFT 7-26-19 4-22

opportunities for income eligible families and reasonably related to program eligibility and an

applicant’s ability to fulfill their obligations under the lease. An owner must promptly notify

HABC, in writing, of any rejected applicants including the grounds for any rejection.

4.27 OWNER DENIAL OF ADMISSION

If an applicant is referred to an owner for owner eligibility and suitability screening and his/her

application is rejected by the owner, the applicant may select a different site and maintain his/her

waiting list date and time. The applicant will only be removed from the CALBWL where the

owner denied the applicant even if the applicant is on other CALBWLs owned/operated by that

same owner. Owner rejected applicants will retain their position on all other CALBWLs provided

the reason for rejection does not violate HABC eligibility and screening policies.

4.28 HEARINGS

If information is revealed that would cause HABC to deny admission to the household and the

applicant disputes the information, s/he shall be given an opportunity for an informal hearing

according to the HABC's hearing procedures outlined in the Chapter on Complaints, Grievances

and Appeals.

HABC ACOP: DRAFT 7-26-19 5-1

CHAPTER 5: TENANT SELECTION AND ASSIGNMENT PLAN

5.1 INTRODUCTION

This chapter explains the policies for selection of applicants from the waiting list that will be

assisted in HABC conventional public housing sites and other sites that use HABC’s ACOP and/or

do not have their own tenant selection and assignment plan.

Applicants will be listed on the waiting lists in sequence based upon:

• Applicable preference factors.

• Date and time of application.

Applicants will be selected from the waiting lists to form a final eligibility "pool" based on the

anticipated availability of units and size and type of units expected to be available. Applicants will

be placed in the appropriate eligibility pool based on the size and type of unit needed after

completing the verification and screening process.

To fill a vacancy, HABC will offer the dwelling unit to applicants at the top of the appropriate

eligibility pool

5.2 WAITING LIST PREFERENCES

Preferences are used to establish the order of placement on the waiting list and do not guarantee

admission to the program. Every applicant must meet HABC's Selection Criteria as defined in this

policy.

Applicants are contacted by HABC when they reach the top of the waiting list to verify their

preference. See REPORTING CHANGES WHILE ON THE WAITING LIST for information

on preference changes while on the waiting list. HABC will verify during the full eligibility

determination interview whether the applicant meets the criteria for the preference.

Among applicants with equal preference status, the waiting list will be organized by date and time.

5.3 LOCAL PREFERENCES

Local preferences are used to prioritize applicants on the waiting list. Public notice will be given

before HABC adopts any new local preference not set forth in this ACOP. The notice will be

publicized using the same guidelines as those for opening and closing the waiting list.

HABC uses the following Local Preferences:

1. Emergency Preferences

HABC ACOP: DRAFT 7-26-19 5-2

• Families displaced due to Natural Disaster in the Baltimore metropolitan area. (Head, Co-

head or Spouse has to have been displaced)

• Intimidated Crime Victims and Intimidated Witnesses of Crime Referred by the Maryland

State's Attorney or Deputy Attorney, the United States Attorney’s office or authorized

persons within a law enforcement agency. Applies to any family member.

• Families displaced from the family’s residential housing unit due to governmental action

that occurs in Baltimore City. The Head of Household, Co-head of Household or spouse

has to be the person who is or is being displaced. For these purposes, the term “residential

housing unit” means real property that: (1) contains a permanent structure constructed, or

otherwise approved by the governing government authorities, for human habitation in

accordance with applicable building codes; (2) has an address recognized by the United

States Postal Service for delivery of mail; and (3) is occupied by the owner or by verified

permission of the owner. For these purposes, Government action does not include acts to

remove a person from any land, structure, place, space, or thing, which such person has no

legal right to occupy or remain.

HABC will select applicants with the emergency preference after selecting transfer families with

any type of emergency preference and before other transfer families.

2. Either the head of household, co-head, spouse or sole member of the family is:

• Employed

• Age 62 or older

• Enrolled in an approved Job Training Program.

• A veteran: or

• A family where one or more members is a person with a disability.

3. Residency Preference: HABC will grant priority within each preference categories to families

where the head, co-head or spouse is a resident of Baltimore City/County. Applicants who do

not live in Baltimore City/County will only be considered for assistance after the waiting list

is exhausted of applicants who live in Baltimore City regardless of preference. Applicants who

are working or who have been notified that they are hired to work in the Baltimore City area

will be provided with a residency preference.

5.4 SPECIAL HOUSING INITIATIVES

HABC may develop special housing initiatives that receive limited local preference through

HABC Board approval. These special initiatives are targeted for specifically named families and

may be based on HABC and community priorities or HUD targeted funding. In addition, SHIs

HABC ACOP: DRAFT 7-26-19 5-3

may include a defined number of PH units that will be allocated to families meeting specific

described criteria. An examples of special housing initiative is the program for homeless families

referred by the Mayor’s Office of Homeless Services (OHS).

The number and type of housing opportunities, eligibility and admissions criteria, lease terms, rent

payments and other terms and conditions may vary from program to program. The terms and

conditions of each Special Housing Initiative shall be described in MOUs or other agreements

subject to Board approval.

Generally, applicants for SHIs are referred to HABC. When referred to HABC, these families may

have already been determined eligible based on the referring organizations criteria. However,

these families must meet HABC income and other eligibility requirements in order to be housed.

In establishing special housing initiatives, HABC will determine the priority given to special

housing initiative applicants, including if appropriate, the ratio of admissions of standard

applicants to special initiatives applicants.

5.4.1 Homeless Families Referred by the Mayor’s Office of Homeless Services (OHS)

Pursuant to an agreement between HABC and the program funder, HABC will provide an

allocation of up to 100 public housing units for families referred by the Mayor’s OHS through

their Coordinated Access database. Applicants for units allocated under the Homeless allocation

must meet HABC eligibility and screening requirements. Eligible applicants will be assigned

appropriately sized units at family developments. Each family referred under this program will

have a primary service provider who will coordinate and monitor all program activities. Families

will be required to comply with and complete their service programs, which may include services

such as addiction, anti-aggression, family, and mental health counseling. HABC has the right to

terminate a family’s lease due to the family’s failure to comply with and complete the family’s

service program. The family must also comply with the terms of the family’s HABC lease.

5.5 ORDER OF SELECTION

Before applying its preference system, HABC will first match the characteristics of the available

unit to the applicants available on the waiting lists. Factors such as unit size, accessible features,

or units in housing designated for the elderly or for non-elderly persons with disabilities limit the

admission of families who match the characteristics and features of the vacant unit available.

The order of selection for vacant units, which includes residents requesting/needing transfers, as

well as applicants, will generally be as follows, subject to the requirements of Section 10.9 for

Administrative Transfers and Section 10.12, Demolition, Disposition, Revitalization, or

Rehabilitation:

Transfer Type or Admission

Preference

Applicant or

Transfer

Emergency to address health, safety,

and habitability issues

Transfer

Emergency VAWA

Transfer

HABC ACOP: DRAFT 7-26-19 5-4

Transfer Type or Admission

Preference

Applicant or

Transfer

Emergency IV/IW

Transfer

Emergency preference

Applicant

Immediate Needs

Transfer

Reasonable accommodation

Transfer

Transfers from accessible units

Transfer

Severely over-housed

Transfer

Severely under-housed

Transfer

Over/Under housed *

Transfer

Local Preference 3 *

Applicant

Local Preference 2 *

Applicant

*For over/under housed transfers, on an annual basis, HABC will review its current occupancy

goals and objectives and based on that review, establish a ratio of new admissions to transfers.

NOTE: Where Emergency preferences are referred to HABC, the Executive Director or his/her

designee shall make a written determination on the admission priority of the emergency. Such

determination will be included in the file to provide a clear audit trail for selection and housing.

The default admission priority for applicant emergencies will be after all emergency transfers.

HABC does not apply additional preference points if a household qualifies for more than one of

the household types in Preference #2, i.e., is employed and has disabled family members.

The examples below assume the households selected the same site (or were next on the CAFAWL)

and qualify for the unit size.

Example #1

Applicant A will be selected before Applicant B even though Applicant B applied before Applicant

Applicant A:

• Applied on 3/5/17,

• Lives in Baltimore City.

• Is employed; and

• Is 63 years of age,

• Receives 3 preference points, two for being a Baltimore City resident and one point for

qualifying for Preference 2.

Applicant B:

• Applied on 11/15/16.

• Is a veteran; and

• Does not live in Baltimore City,

• Receives 1 preference point for the veteran’s status.

HABC ACOP: DRAFT 7-26-19 5-5

Example #2

Applicant C receives 3 preference points and will be selected before Applicant D, who receives

only 1 preference point. Even though Applicant D applied over one year before Applicant C,

applicants who do not live in Baltimore City will only be considered for assistance after the waiting

list is exhausted of applicants who live in Baltimore City regardless of preference.

Applicant C:

• Applied on 10/10/15

• Works in Baltimore City

• Receives 2 points for working in Baltimore City (residency preference)

• Receives 1 point for being employed

Applicant D:

• Applied on 2/5/14

• Is employed outside of Baltimore City

• Does not currently live in Baltimore City

• Receives 1 preference point for being employed

By matching unit and applicant characteristics, it is possible that applicants who are lower on the

waiting list may receive an offer of housing ahead of applicants with an earlier date and time of

application.

Any admissions policies mandated by court order or directed by HUD related to desegregation or

Fair Housing and Equal Opportunity will take precedence over HABC’s preference system.

5.6 ORDER OF SELECTION FOR THE 22 SCATTERED SITES THOMPSON UNITS

Under the Thompson Consent Decree, HABC created 22 public housing units in Baltimore City

(Thompson 22 Units). HABC’s Admissions and Leasing Office is responsible for screening the

applicants for the Thompson 22 Units in accordance with Chapter 4 of this ACOP. The families

found eligible to move into the Thompson 22 Units will be housed in accordance with the

following preferences:

• Current residents of HABC public housing who are in the Baltimore Regional Housing

Partnership (“BRHP”) case load.

HABC’s Admissions and Leasing Office is also responsible for screening families to occupy the

Thompson 22 Units that meet the Uniform Federal Accessibility Standards (“UFAS”) in

accordance with the following preferences:

• 1

Preference – HABC public housing residents who are on the reasonable accommodation

transfer waiting list and need the features of a UFAS unit; and

HABC ACOP: DRAFT 7-26-19 5-6

• 2

Preference – Applicants on HABC’s public housing waiting list who need the features

of a UFAS unit.

Families selected by the Admissions and Leasing Office for the Thompson 22 Units that are UFAS

compliant will be referred to BRHP for pre-move counseling.

5.7 PROHIBITION ON SELECTION LIMITS FOR MIXED POPULATION

DEVELOPMENTS

A mixed population development is one that is occupied by families whose head, spouse or sole

member is at least 62 years of age, and by families whose head, co-head or spouse or sole member

is a non-elderly person with a disability.

No limit will be established on the number of elderly families or non-elderly persons with

disabilities who may occupy a mixed population development. All other HABC preferences will

be applied.

Per HUD regulations, equal preference will be given to elderly families and non-elderly persons

with disabilities.

Applicants who are referred to a development converted under the Rental Assistance

Demonstration (RAD) may be screened by that development in accordance with the RAD Long

Term Affordable (LTA) Criteria.

5.8 UNIT OFFERS

The policies below cover unit offers for units covered under the CALBWL, CAFAWL and

CAMPBWL.

Unit offers will be made to eligible applicants in the ready pool according to their ranking order.

If an applicant has been offered a unit from one of the applicant’s selected waiting lists, HABC

will not refer the applicant for other vacant units until a determination is made on the open referral.

For example, if an applicant is referred to a unit at Primrose Place and the applicant is also on the

waiting list for Heritage Crossing, the applicant will not be offered a unit at Heritage Crossing

until an outcome has been determined on the unit offered at Primrose Place.

5.8.1 Unit Offers for Applicants on the CALBWL Only

When an applicant selects up to three developments on the CALBWL only, the refusal of one unit

offer, without good cause, will result in removal from all selected developments covered by the

CALBWL. The applicant must reapply.

HABC ACOP: DRAFT 7-26-19 5-7

5.8.2 Unit Offers for Applicants on the CALBWL and CAMPBWL

If an applicant selects the CAMPBWL and one or two developments covered by the CALBWL,

the applicant will have a total of three refusals of unit offers, without good cause, before being

removed from all centrally managed waiting lists. For example, assuming refusals are without

good cause:

• If an applicant selects Heritage Crossing, Gilmor Homes and the CAMPBWL and the

applicant refuses an offer at Heritage Crossing, the applicant will be removed from the

Heritage Crossing waiting list and will have two more-unit refusals before being removed

from the Gilmor Homes and the CAMPBWL.

• If the applicant is next offered a unit from the CAMPBWL and refuses the offer, the

applicant will be remaining on both the CAMPBWL and Gilmor waiting lists.

• If the applicant is next offered a unit from either the CAMPBWL or Gilmor waiting list

and refuses the offer, the applicant will be removed from the CAMPBWL and Gilmor

waiting lists. The applicant will no longer be listed on any waiting lists and must reapply.

5.8.3 Unit Offers for Applicants on the CAMPBWL Only

Applicants who have selected the CAMPBWL only will not be able to choose a specific

development covered under the CAMPBWL. HABC will provide up to three (3) offers of dwelling

units for applicants who have the CAMPBWL as their waiting list option. If an applicant refuses

three unit offers without good cause, the applicant will be removed from the CAMPBWL and must

reapply.

5.8.4 Unit Offers for Applicants on the CAFAWL

Applicants who have selected the CAFAWL only will be included on all development/unit waiting

lists for which they are eligible. Applicants who choose the CAFAWL will not be able to choose

a specific development covered under the CAFAWL. HABC will provide one unit offer to an

applicant who has chosen the CAFAWL as their waiting list option. If an applicant refuses the unit

offer, without good cause, the applicant will be removed from the CAFAWL and must reapply.

5.8.5 Unit Offers for Project-Based Units Covered under the LTA Criteria

HABC will select applicants for Project-Based (PB) Units covered under the LTA Criteria from

the PH CALBWL. The waiting list will identify the PB LTA units and inform interested families

that the PB LTA units will be subject to PB Program regulatory requirements and applicable

policies in the HCV Admin Plan.

5.9 UNITS/DEVELOPMENTS INCLUDED IN THE CAMPBWL

HABC ACOP: DRAFT 7-26-19 5-8

The CAMPBWL includes the following units and developments:

o Allendale

o Bel Park Towers

o Bernard E. Mason

o The Brentwood

o Chase House

o Ellerslie

o Govans Manor

o Hollins House

o J. Van Story Branch

o Lakeview Tower and Lakeview Extension

o McCulloh High Rise

o Monument East

o Primrose Place

o Rosemont Towers

o Wyman House

o Pleasant View Gardens Senior-12 UFAS Accessible Units developed pursuant to the

Bailey Consent Decree

o Pleasant View Gardens

Family-13

UFAS Accessible Units developed pursuant

the Bailey Consent Decree and one-bedroom units converted under RAD

o Senior Terraces Apartment Building - 4 UFAS Accessible Units developed

pursuant

to the Bailey Consent

Decree

• 1-bedroom units and applicable UFAS Accessible Units at the following developments:

o Arbor Oaks (4 UFAS Accessible Units developed pursuant to the Bailey Consent

o Decree)

o Heritage Crossing (4 UFAS Accessible Units developed pursuant to the Bailey

o Consent Decree)

o Hillside Park

o Townes at the Terraces (11 UFAS Accessible Units developed pursuant to the Bailey

o Consent Decree)

• UFAS Accessible Units at Broadway Overlook

• 479 UFAS Accessible Units in public housing, scattered site housing, or privately owned or

managed property developed under the Bailey Consent Decree that use the Long-Term

Affordable (LTA) Criteria

Vacancies for the units and developments covered under the CAMPBWL will be filled by the first

eligible applicant on the CAMPBWL, CAFAWL or the reasonable accommodations transfer list.

Where the term eligible families are concerned, this means that the waiting list will include only

those families who meet the eligibility requirements for the development, i.e. Elderly Only, Mixed

Population (elderly or non-elderly disabled), Family.

HABC ACOP: DRAFT 7-26-19 5-9

5.10 OFFER OF ACCESSIBLE UNITS

HABC has units designed for persons with mobility impairments, referred to as UFAS Accessible

Units.

Where a family needs a 2 or more BR unit on one level without steps, the only available units

which meet this qualification are UFAS Accessible Units. As such, families who are verified to

need such a unit, may be offered a UFAS Accessible Unit.

Applicants in which no household member has a mobility impairment will not be offered these

units until all residents and applicants who are eligible for the size of the available UFAS Accessible

unit and who have a household member who has a mobility impairment have been considered.

Before offering a vacant UFAS Accessible unit to an applicant in which no household member

has a mobility impairment, HABC will offer such units:

• First, to a current resident at that HABC development who was approved by HABC to

transfer to a UFAS Accessible unit and who is on HABC’s reasonable accommodation

transfer waiting list because the resident or a household member has a disability that

requires the special features of the vacant unit.

• Second, to a current resident at another HABC development who was approved by

HABC to transfer to a UFAS Accessible unit and who is on HABC’s reasonable

accommodation transfer waiting list because the resident or a household member has a

disability that requires the special features of the vacant unit.

• Third, to an eligible qualified applicant on HABC’s public housing waiting list who has

a disability that requires the special features of the vacant unit or who has a household

member who has a disability that requires the features of the unit.

When offering a UFAS Accessible unit to an applicant in which no household member has a

mobility impairment, HABC will require the household to agree to move to an available non-

UFAS/non-accessible unit within 30 calendar days when either a current resident or an applicant

needs the features of the unit and there is another unit available for the household in which no

household member has a mobility disability. This requirement will be a provision of the lease

agreement.

5.11 PREFERENCE DENIAL

If HABC denies a preference, the applicant will be placed on the waiting list without benefit of the

preference.

HABC will notify the applicant in writing of the reasons why the preference was denied and offer

the applicant an opportunity for a review. The applicant must request an informal review within 14

HABC ACOP: DRAFT 7-26-19 5-10

calendar days. The request must be made in writing. If the preference denial is upheld as a result of

the meeting, or the applicant does not request a meeting, the applicant will be placed on the waiting

list without benefit of the preference. Fair Housing information and discrimination complaint

forms will be made available upon request by the asset managers at each of the site developments

and by HABC’s Fair Housing & Equal Opportunity Office.

5.12 LOW INCOME FAMILY ADMISSIONS

HABC will ensure that at least 75% of the families admitted into public housing from the waiting

list have incomes that do not exceed 50% of the area median income as established in Baltimore

City.

HABC will not admit any family whose income exceeds 80% of the HUD approved area median

income.

5.13 UNITS DESIGNATED FOR THE ELDERLY

Elderly families with a head, spouse or sole member at least 62 years of age will receive a

preference for admission to buildings with an elderly preference.

5.14 CHANGES PRIOR TO UNIT OFFER

Changes in an applicant’s status, including but not limited to changes in family composition

and /or income that occur between the time of eligibility determination and unit offer may affect

the family's eligibility or Total Tenant Payment. The family will be notified in writing of

changes in the family’s eligibility or level of benefits and informed of the family’s right to an

informal hearing when applicable.

HABC will verify and process changes in family composition and/or income which occur between

the time of eligibility determination and unit offer. HABC will not lease a unit to a family whose

occupancy will overcrowd or underutilize the unit or whose change in income results in income

ineligibility.

If changes in the family composition results in a change in the size of the unit for which the family

is eligible, HABC will place the family back on the waiting list for the appropriate size unit using

the family’s original date and time of application.

If changes in income result in a family being over-income, HABC will send a denial letter and

inform the family of its right to an informal hearing.

See policies in Chapter 4 on OWNER DENIAL OF ADMISSION for waiting list status when

an owner denies an applicant.

HABC ACOP: DRAFT 7-26-19 5-11

5.15 TIME LIMIT FOR ACCEPTANCE OF UNIT

Applicants must accept a unit offer within 3 working days of the date the offer is made. Offers

made over the telephone will be confirmed by letter. If unable to contact an applicant by telephone,

HABC will send a letter. Applicants will be removed from all centrally managed PH waiting lists

if they do not respond within three working days. If a letter is sent via US Mail, the three working

days is presumed to start two working days after the date on the letter. This policy presumes that

the unit offer letter is mailed on the same date referenced on the unit offer letter.

Once an applicant has accepted a unit, the applicant must sign a lease with an effective date that is

no more than 3 business days from the date of unit acceptance. However, if the unit is not ready

on the date of unit acceptance, the lease must be signed with an effective date which is no more

than 3 business days from the date the unit will be ready for occupancy.

5.16 UNIT ACCCEPTANCE: UNIT OUTSIDE OF HABC OCCUPANCY STANDARDS

If a family agrees to be housed in a unit that is smaller than the unit size under HABC’s occupancy

standards, the family will not be allowed to request an occupancy standard move for one year.

If a family agrees to be housed in a unit that is larger than the unit size under HABC’s occupancy

standards, the family will be required to sign a Lease Addendum whereby the family agrees to

move upon thirty days’ notice from HABC. In such circumstances, HABC will provide an

appropriately sized unit for the family who is required to move.

5.17 UNIT REFUSAL

Generally, if an applicant rejects a unit that is offered, the applicant will be withdrawn from the

centrally managed Public Housing waiting list unless the applicant can demonstrate and HABC

can verify good cause for the refusal. Where unit offers are made for units covered under the

CAMPBWL, if an applicant rejects three unit offers, the applicant will be withdrawn from all

centrally managed Public Housing waiting list unless the applicant can demonstrate and HABC

can verify good cause for the refusal.

If an applicant accepts the unit offered but is unable to take occupancy at the time of the offer for

"good cause," the applicant will not be removed from the waiting list.

5.18 GOOD CAUSE FOR UNIT REFUSAL

"Good cause" for the refusal to take occupancy of a housing unit is defined below. If an applicant

refuses an offer for good cause the applicant will retain his/her position on the waiting list and will

not be removed from the waiting list.

Reasons which constitute good cause include:

HABC ACOP: DRAFT 7-26-19 5-12

• Inaccessibility to source of employment or children's day care such that an adult household

member must quit a job, drop out of an educational institution or a job training program,

which must be verified by the employer, job training program or day care center as

applicable.

• For families who have a family member with a disability, inaccessibility to the medical

provider or service provider, which must be verified by the family member’s healthcare

professional.

• A qualified, knowledgeable, health professional verifies the temporary hospitalization or

recovery from illness of the principal household member, other household members, or a

live-in aide necessary to care for the principal household member.

• The unit is inappropriate for the applicant's disabilities (if the inappropriateness of the unit

is not obvious, HABC may require verification from the applicant’s healthcare

professional).

• There is a change to the school which covers the development selected and the

parent/guardian no longer finds the location selection appropriate.

• Other circumstances that are determined by HABC’s Admissions and Leasing Office to

prevent the applicant from occupying the unit as may be verified by an independent third

party.

HABC ACOP: DRAFT 7-26-19 6-1

CHAPTER 6: OCCUPANCY GUIDELINES

6.1 INTRODUCTION

Occupancy Guidelines are established by HABC to ensure that families occupy units of the

appropriate size. This Chapter explains the Occupancy Guidelines used to determine minimum

and maximum unit sizes based on the number of household members in the family when they are

selected from the waiting list, when a family’s composition changes, or when a family requests

an exception to the occupancy guidelines.

6.2 DETERMINING UNIT SIZE

HABC does not determine who shares a bedroom but there must be at least one person per

bedroom. HABC’s Occupancy Guideline standards for determining unit size shall be applied in a

manner consistent with Fair Housing guidelines. HABC uses the general guidelines for

determining the unit size below in conjunction with the Parameters for Determination of Unit Size.

General Guidelines for Determining Unit Size

Bedroom Size

Persons in Household:

(Minimum #)

Persons in Household:

(Maximum #)

0 Bedroom

1 Bedroom

2 Bedrooms

3 Bedrooms

4 Bedrooms

5 Bedrooms

6 Bedrooms

6.3 PARAMETERS FOR DETERMINATION OF UNIT SIZE

For occupancy standards, an adult is a person as defined in this ACOP.

Generally, HABC will assign a unit within the following guidelines:

• Single person families shall be allocated a zero or one bedroom.

• The Head of Household will not be required to share a bedroom with anyone other than the

co-head of household or spouse.

• A same or opposite sex couple who is married, has an interdependent relationship or

domestic partnership will be allocated a zero or one bedroom.

• Household members of the same sex will be required to share a bedroom.

HABC ACOP: DRAFT 7-26-19 6-2

• Children of the opposite sex will not be required to share a bedroom.

• Foster children, appropriately documented, will be included in determining unit size only

if they will be in the unit for more than 180 calendar days per year.

• Live-in aides will generally be provided a separate bedroom. See the policy on live-in

aides for information on family members of live-in aides.

• Space may be provided for a student who is away at school but who lives with the family

during school recesses.

• Space will not be provided for a family member who will be absent for more than 180

cumulative calendar days in a twelve-month period, except for family members who have

been called to active duty. In the case where a family member has been called to active duty,

the family composition will remain unchanged even if the family member is absent from

the unit for more than six months. After one-year HABC may reevaluate the situation and

may take action to transfer the family to another unit based on the family’s composition.

6.4 EXCEPTIONS TO OCCUPANCY GUIDELINES

HABC may grant exceptions from the guidelines at the family’s request or if HABC determines the

exceptions are justified by the relationship, age, sex, health or disability of family members, or

other individual circumstances. The Chief Operating Officer or his/her designee are authorized

to approve exceptions to occupancy standards. If an applicant requests to be listed on a smaller

or larger bedroom size waiting list, the following guidelines will apply:

• In all cases, where the family requests an exception to the general occupancy standards,

HABC will evaluate the relationship and ages of all family members and the overall size

of the unit.

• At the applicant’s request or at the discretion of HABC, a family may be placed on the

waiting list for a unit size smaller than designated by the occupancy guidelines if in doing

so, the family has an opportunity to be housed earlier, except where such placement

conflicts with HABC’s requirements under the section “Parameters for Determination of

Unit Size.” If placed in a smaller sized unit, the family must agree not to request a transfer

until the family composition changes or the family has occupied the unit for at least two

years.

• The family may request placement on a larger bedroom size waiting list than indicated by

HABC’s occupancy guidelines. The request must explain the need or justification for a

larger bedroom size and will be verified by HABC before the family is placed on the larger

bedroom size list.

o HABC will not assign a larger bedroom size due to additions of family members other

HABC ACOP: DRAFT 7-26-19 6-3

than by birth, adoption, marriage, or court-awarded custody. An exception will be

granted if the family has submitted an "Appointment of Temporary Guardian" to

HABC. If this form has been submitted, HABC will also require that the family have

initiated legal proceedings for guardianship or legal custody.

o HABC will consider the following requests for a larger bedroom size:

✓ Person with Disability - HABC will grant an exception upon request as a reasonable

accommodation for persons with disabilities if the need is appropriately verified by

a healthcare provider familiar with the disability and who can explain how a larger

unit will address the disability.

✓ To avoid vacancies, HABC may provide a family with a larger unit than the

occupancy standards permit subject to the approval of the Chief Operating Officer

or his/her designee.

• Children specified in joint custody agreements will be considered family members if the

agreement specifies that they live with the parent for 50% or more of the time (at least 183

days a year) HABC will require verification of the custody agreement which may include

school records and or court orders. When more than one applicant or client family is

claiming the same dependents as family members, the family with primary custody at the

time of the initial examination or recertification will be able to claim the dependents. If

there is a dispute about which family should claim them, HABC will make the

determination based on available documents such as court orders, or an IRS return showing

which family has claimed the child for income tax purposes. For purposes of determining

unit size, HABC will follow the occupancy guidelines found in Chapter 6 of this ACOP;

however, an exception for an extra bedroom may be made for a child in a shared physical

custody arrangement. In any shared physical custody arrangement, children may only be

listed as a family member in one household.

6.5 ACCESSIBLE UNITS

HABC has units designed for persons with mobility impairments and for persons with sight and

hearing impairments. These units were designed and constructed specifically to meet the needs of

persons requiring the use of wheelchairs and for persons requiring hearing and vision

modifications.

Preference for occupancy of these units will be given to families who have family members who

have disabilities and require the modifications or accessibility features provided in the units.

Accessible units must be offered first to residents on HABC’s reasonable accommodation transfer

waiting list who have a household member who needs the accessibility features of the unit and

second to applicants on HABC’s public housing waiting list who have a household member who

needs the accessibility features of the unit. An accessible unit may be offered to either a resident

or an applicant who does not have a household member who needs the features of the unit only

after the unit has been offered to and rejected by residents and applicants who have a household

HABC ACOP: DRAFT 7-26-19 6-4

member who needs the accessibility features of the unit.

If an accessible unit is offered and accepted by a resident or applicant who does not have a

household member who needs the accessibility features of the unit, the resident or applicant must

agree to a transfer to a non-accessible unit at a later date, if HABC identifies a resident or an

applicant who has a household member with a mobility impairment requiring the features of the

accessible unit. This requirement is set forth in an Accessible Unit Lease Addendum, which must

be signed by all residents leasing accessible units at the time the lease is signed.

6.6 FAMILY MOVES

The Asset Manager is required to complete a transfer application upon learning that a change in

the household composition results in the family being under-house or over-housed. The Asset

Manager may learn of a change in the composition of a resident family because of, among other

things, information obtained during recertification or due to the removal of a family member as

evidenced through a memorandum of understanding. If the transfer request is approved, the family

will be placed on the appropriate transfer waiting list (See chapter on Transfers).

The occupancy guidelines in this section are to be used as a guide in determining when a change

in the bedroom size is appropriate. Unusual situations not covered in this policy must be reviewed

with the Admissions and Leasing Manager for a decision.

HABC ACOP: DRAFT 7-26-19 7-1

CHAPTER 7: VERIFICATION

7.1 INTRODUCTION

HABC and the privately owned/managed sites verify all information that is used to establish the

family’s eligibility and level of assistance. Applicants and residents must cooperate with the

verification process as a condition of receiving assistance. All information obtained through the

verification process will be handled in accordance with the records management policies

established by HABC and the privately owned/managed sites.

HABC will follow verification guidance in its approved MTW Plans and where not specifically

stated in an MTW Plan, HABC and the privately owned/managed sites will follow verification

guidance provided by HUD in Notice PIH 2010-19 and any subsequent guidance issued by HUD.

This chapter describes the general verification process and summarizes the verification policies on

income, assets, mandatory deductions and other family information used by HABC and the

privately managed sites.

7.2 FAMILY CONSENT TO RELEASE OF INFORMATION

Applicants and residents must supply any information that HABC, the privately owned/managed

sites or HUD determines is necessary for the administration of the program and must consent to

verification of that information by HABC and/or the privately managed sites.

It is required that all adult applicants and residents sign form HUD-9886, Authorization for Release

of Information, any other HUD required form and other forms required by HABC and the privately

owned/managed sites as part of the application process and as part of the re-certification process.

The purpose of form HUD-9886 is to facilitate automated data collection and computer matching

from specific sources and to provide the family's consent only for the specific purposes listed on

the forms.

If any family member who is required to sign a consent form fails to do so, HABC or the privately

owned/managed site will deny admission to applicants or terminate the lease of residents. The

family may request a hearing in accordance with HABC's or the privately owned/managed site’s

grievance procedures.

7.3 VERIFICATION HIERARCHY

HABC and the privately owned/managed sites will use the most reliable form of verification that

is available. In order of priority, the forms of verification that HABC and the privately

owned/managed sites will use are:

• Up-front Income Verification using HUD’s Enterprise Income Verification system and the

Income Validation Tool (IVT)

• Up-front Income Verification using a non-HUD system

HABC ACOP: DRAFT 7-26-19 7-2

• Written Third Party Verification (may be provided by applicant or resident)

• Written Third-party Verification Form

• Oral Third-party Verification

• Self-certification

7.4 OVERVIEW OF VERIFICATION REQUIREMENTS

The following are HABC’s and the privately owned/managed sites’ general verification

requirements:

• Any documents submitted for verification must be the original (not photocopies) and

generally must be dated within 60 calendar days of the date they are provided to HABC.

• Generally, documents submitted for verification will remain valid for 150 calendar days

from the date of receipt.

• Criminal history reports will be valid for no longer than 90 calendar days.

• The documents must not be altered or in any way illegible. HABC may reject any tenant

provided documentation if:

o The document is not an original; or

o The original document has been altered, mutilated or is not legible; or

o The document appears to be a forged document (i.e. does not appear to be authentic)

• Printouts from web pages may be considered original documents.

• Any family self-certifications must be made in a format acceptable to HABC or the

privately owned/managed site and must be signed in the presence of an HABC

representative or a representative of the privately owned/managed site or a notary public.

• The HABC staff member or the privately owned/managed site staff member who views the

original document will make a photocopy and date stamp the copy with the date the

document was received.

• Unless otherwise stated, HABC and the privately owned/managed sites will accept

documents dated more than 6 months before the date of the applicant’s eligibility interview

or the resident’s reexamination if the document represents the most recent scheduled report

from a source. For example, if the holder of a pension annuity provides annual reports,

HABC and the privately owned/managed sites would accept the most recent report.

However, because a Social Security benefit letter may be obtained more than once per year,

HABC ACOP: DRAFT 7-26-19 7-3

HABC and the privately owned/managed sites will not accept a benefit letter that is more

than 60 calendar days old.

• If a verifier provides a range of hours worked, HABC and the privately owned/managed

sites will use the average of the range to calculate income.

• Where income is fully excluded, HABC will not conduct third party verification of the

income.

7.5 UP-FRONT INCOME VERIFICATION (UIV)

UIV refers to HABC’s and the privately owned/managed sites’ use of the verification tools

available from independent sources that maintain computerized information about earnings and

benefits. UIV will be used to the extent that these systems are available to HABC and the privately

owned/managed sites.

7.6 ENTERPRISE INCOME VERIFICATION (EIV) SYSTEM

HABC and the privately owned/managed sites will use HUD’s EIV system as a third-party source

to verify resident employment and certain income information during regular and interim

reexaminations of family composition and income. The following policies apply to the use of

HUD’s EIV system.

7.6.1 Income Validation Tool ((IVT)

The IVT report facilitates and enhances identification of unreported or under-reported income

during interim and regular reexaminations. The IVT also provides income and wage,

unemployment compensation and SSA benefit information. Additionally, the IVT report provides

income information for heads of household and family members where there may be discrepancies

in family reported income and employer reported information.

At each regular and interim reexamination of income and family composition HABC will:

• Review the EIV Income and IVT reports to confirm/validate tenant-reported income.

• Print and maintain the EIV Income and IVT Reports in the tenant file.

• Obtain current acceptable tenant-provided documentation to supplement EIV information

(where applicable); and

• Use current tenant-provided documentation and/or third-party verification to calculate

annual income.

Additionally, at each regular and interim reexamination of income and family composition, using

the IVT, HABC will:

• Identify any reported discrepancies in family reported income and employer reported

information.

HABC ACOP: DRAFT 7-26-19 7-4

• Request the tenant to provide any documentation to confirm or dispute the income

discrepancy.

• If applicable, determine the tenant rent using the correct and updated income.

• Determine the degree of tenant underreporting or misreporting of income information; and

• Act in accordance with HABC policy to resolve the identified discrepancies.

7.6.2 EIV Income Reports

The data shown on income reports is updated quarterly. However, data may be between three and

six months old at the time reports are generated.

EIV income reports will be compared to family-provided information as part of the regular and

interim reexamination process. EIV Income reports may be used in the calculation of annual

income, as described in the Chapter on Income and Adjusted Income.

EIV income reports will be used as necessary to identify earned income and unemployment

benefits, and to verify and calculate Social Security, Dual Entitlement and/or Supplemental

Security Income benefits. EIV income reports will also be used to verify that families claiming

zero income or minimal income are not receiving income from any of these sources.

EIV Income Reports will be retained in resident files with the applicable annual or interim

reexamination documents. When HABC or the privately owned/managed site determines through

EIV Income Reports and third-party verification that a family has concealed or under-reported

income, corrective action will be taken pursuant to the policies this ACOP.

New Admission:

For each new admission, HABC will review the EIV Income and IVT Reports within 120 days

from the first PIC submission date to ensure that families, at the time of admission, accurately

reported income. HABC will print and retain the reports and will take action to address any income

discrepancies within 60 days from running the EIV income report.

Historical Adjustment:

For each historical adjustment, HABC will run the EIV Income and IVT Reports within 120 days

from the PIC submission date to ensure that families accurately reported income. HABC will print

and retain the reports and will take action to address any income discrepancies within 60 days from

running the EIV/IVT reports.

Interim Reexamination of Family Income and Composition

For each interim reexamination of family income and composition, HABC will review the EIV

Income and IVT Reports to ensure that families accurately reported income. HABC will print and

retain the reports and will follow up with the family and resolve the differences between reported

information using the HUD hierarchy of verification.

Regular Reexamination

HABC ACOP: DRAFT 7-26-19 7-5

For each regular reexamination of family income and composition, HABC will review and retain

in the tenant file the EIV Income and IVT Reports and any applicable documentation to resolve

identified income discrepancies.

7.6.3 EIV Identity Verification

The EIV system verifies resident identities against Social Security Administration (SSA) records.

These records are compared to Public and Indian Housing Information Center (PIC) data for a

match on Social Security number, name, and date of birth. When identity verification for a resident

fails, a message will be displayed within the EIV system, and no income information will be

displayed.

HABC and the privately owned/managed sites will identify residents whose identity verification

has failed. HABC and the privately owned/managed sites will attempt to resolve PIC/SSA

discrepancies by obtaining appropriate documentation from the resident. When HABC or the

privately owned/managed site determines that discrepancies exist as a result of errors by HABC

or the privately owned/managed site, such as spelling errors or incorrect birth dates, HABC or the

privately owned/managed site will correct the errors.

7.7 THIRD-PARTY WRITTEN VERIFICATION

Written third-party verification is an original or authentic document generated by a third-party

source dated either within the 60-calendar day period preceding the reexamination or the HABC

or the privately owned/managed site request date. Such documentation may be in the possession

of the resident or the applicant. HABC or the privately owned/managed site may, at its discretion,

reject any resident-provided or applicant- provided documents and follow up directly with the

source to obtain necessary verification of information.

Examples of acceptable applicant-provided and resident-provided documents include but are not

limited to pay stubs, payroll summary reports, employer notice or letters of hire and termination,

SSA benefit verification letters, bank statements, child support payment stubs, welfare benefit

letters and/or printouts, and unemployment monetary benefit notices.

7.8 WRITTEN THIRD-PARTY VERIFICATION FORM

When upfront verification is not available and the family is unable to provide written third-party

documents, or the documents provided by the family are rejected by HABC or the privately

owned/managed site, HABC or the privately owned/managed site will request a written third-party

verification form. HABC or the privately owned/managed site may mail, fax, or e-mail third-party

written verification form requests to third-party sources.

7.9 ORAL THIRD-PARTY VERIFICATION

HABC ACOP: DRAFT 7-26-19 7-6

Oral third-party verification is mandatory if no form of written third-party verification is available.

Third-party oral verification may be used when requests for written third-party verification forms

have not been returned within 5 working days. HABC or the privately owned/managed site will

document oral verification attempts in the resident file.

7.10 WHEN THIRD-PARTY VERIFICATION IS NOT REQUIRED

Third party verification will not be required under the following circumstances:

Verification Service Charge

If there is a service charge for third party verification, HABC or the privately owned/managed site

will assume that third party verification is not available and use the next level of verification

according to the verification hierarchy set forth in section 7.3 of this chapter.

Primary Documents

Third-party verification is not required when legal documents are the primary source, such as a

birth certificate or other legal documentation of birth.

Imputed Assets

HABC or the privately owned/managed site will accept a self-certification from the family as

verification of assets disposed of for less than fair market value.

Assets Valued Up to $50,000

Per the section of this chapter on asset verification, HABC or the privately owned/managed site

will accept a self-certification of asset income and value if the family’s assets are valued up to

$50,000.

7.11 SELF-CERTIFICATION

Self-certification, or “resident declaration,” is used as a last resort when HABC or the privately

owned/managed site is unable to obtain third-party verification. When information cannot be

verified by a third party or by review of documents, family members will be required to submit

self-certifications attesting to the accuracy of the information they have provided to HABC or the

privately owned/managed site. HABC or the privately owned/managed site will document the file

with attempts to obtain higher forms of verification before relying on self-certification.

The self-certification must be made in a format acceptable to HABC or the privately

owned/managed site and must be signed by the family member whose information or status is

being verified. All self-certifications must be signed in the presence of an HABC representative or

notary public.

7.12 RESIDENT FAILS TO RESPOND TO VERIFICATION REQUEST

Residents are required to respond to requests by HABC or the privately owned/managed site

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for verification of family, income and/or expense information. HABC or the privately

owned/managed site will take the following actions when a family fails to respond to the

request for verification:

• 5 working days after the request for verification, HABC or the privately

owned/managed site will send a letter to the head of household, warning of the

consequences if the family fails to contact HABC or the privately owned/managed

site within the time frame set forth in the letter.

• If at the end of the time frame set forth in the letter, the family has not provided the

requested information, HABC or the privately owned/managed site will send the

family a termination letter.

7.13 SUBSTANTIAL DIFFERENCE

If UIV/ third party information differs substantially from applicant/resident provided information

HABC and the privately owned/managed sites reserve the right to request additional verification

information and use any other verification method in priority order to reconcile the difference.

HABC and the privately owned/managed sites will use the $200 per month as the threshold for a

substantial difference.

7.14 FRAUD

Information provided by the applicant/resident that proves to be untrue may be used to disqualify

the applicant for admission or terminate the resident’s lease based on attempted fraud. HABC and

the privately owned/managed sites consider false information concerning the following to be

grounds for rejecting an applicant or terminating assistance:

• Income, assets, family composition.

• Social Security Numbers.

• Preferences.

• Allowances (e.g. medical, disability and/or child care expenses); and

• Previous participant history or criminal history

The applicant/resident shall be notified in writing of such determination by HABC or the privately

owned/managed site and will be given the opportunity for a grievance hearing.

7.15 SOCIAL SECURITY NUMBERS

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Applicants and residents must provide documentation of a valid Social Security number for each

member of the household, except for individuals who do not contend eligible immigration status.

An exemption is also provided to existing residents who were at least 62 years of age as of January

31, 2010 and had not previously disclosed a Social Security number.

HABC or the privately owned/managed site will accept the following documentation as acceptable

evidence of the social security number:

• An original Social Security number card issued by the Social Security Administration

(SSA)

• An original SSA-issued document, which contains the name and Social Security number

of the individual

• An original document issued by a federal, state, or local government agency, which

contains the name and Social Security number of the individual

Verification of the Social Security number of a child under the age of 6 must be provided to HABC

or the privately owned/managed site within 90 calendar days from the date of admission to the

program or within 90 days of the date of the request to add the child to the household. A 90-day

extension may be granted if HABC or the privately owned/managed site determines that the

resident’s failure to comply was due to unforeseen circumstances and was outside of the resident’s

control. During the period HABC or the privately owned/managed site is awaiting documentation

of the Social Security number, the child will be counted as part of the assisted household.

When a resident makes a request to add a new household member who is 6 years of age or under

and has a Social Security number, the resident must provide the complete and accurate Social

Security number assigned to that member at the time of reexamination or reexamination, and the

documentation required to verify the Social Security number. HABC or the privately

owned/managed site will not add the new household member until such documentation is

provided.

7.16 DOCUMENTATION OF AGE

If an official record of birth or evidence of Social Security retirement benefits cannot be provided,

HABC or the privately owned/managed site will require the family to submit other documents that

support the reported age of the family member (e.g., school records, driver's license if birth year

is recorded) and to provide a self-certification.

7.17 MARRIAGE

Certification by the head of household is normally sufficient verification of marriage.

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7.18 SEPARATION OR DIVORCE

HABC or the privately owned/managed site may require the family to provide documentation of

the divorce or separation with a certified copy of a divorce decree, signed by a court officer; a copy

of a court-ordered maintenance or other court record; or other documentation that shows a couple

is divorced or separated.

7.19 ABSENCE OF ADULT MEMBER

If an adult member who was formerly a member of the household is reported to be permanently

absent, the family must provide evidence to support that the person is no longer a member of the

family (e.g., documentation of another address at which the person resides such as a lease or utility

bill).

7.20 FOSTER CHILDREN AND FOSTER ADULTS

Third-party verification from the state or local government agency responsible for the placement

of the foster child or foster adult with the family is required.

7.21 VERIFICATION OF STUDENT STATUS

HABC and the privately owned/managed sites require families to provide information about the

student status of all students who are 18 years of age or older. This information will be verified

only if:

• The family claims full-time student status for an adult other than the head, spouse, or co-

head, or

• The family claims a childcare deduction to enable a family member to further his or her

education.

7.22 VERIFICATION OF DISABILITY

HABC and the privately owned/managed sites with site-based waiting lists will verify the

existence of a disability in order to determine waiting list preferences. HABC and the privately

owned/managed sites will verify the existence of a disability to allow certain income disallowances

and deductions from income. HABC or the privately owned/managed site will use HUD’s

definition of disability in 24 CFR 5.403, as may be amended, to verify a disability for these

purposes.

HABC and the privately owned/managed sites will accept receipt of Social Security

Administration disability benefits or other benefits awarded exclusively to persons with disabilities

HABC ACOP: DRAFT 7-26-19 7-10

as verification of disability and to entitle a resident to the household deduction for persons with

disabilities. If the resident stops receiving Social Security Administration disability benefits, is not

receiving any other benefits that are awarded only to persons with disabilities and does not have

an obvious disability, HABC or the privately owned/managed site may require the resident to

provide disability verification from a healthcare professional verifying that the resident continues

to have a disability as a condition of the resident’s continuing to receive the household deduction

for persons with disabilities.

7.23 VERIFICATION OF U.S. CITIZENSHIP AND OF ELIGIBLE IMMIGRATION

STATUS

HUD requires a declaration for each family member who claims to be a U.S. citizen or national or

to have eligible immigration status. The declaration must be signed personally by any family

member 18 or older and by a guardian for minors.

Family members who claim U.S. citizenship or national status will not be required to provide

additional documentation unless HABC or the privately owned/managed site receives information

indicating that an individual’s declaration may not be accurate.

The documentation required for eligible non-citizens varies depending upon factors such as the

date the person entered the U.S., the conditions under which eligible immigration status has been

granted, age, and the date on which the family began receiving HUD-funded assistance.

For family members age 62 or older who claim to be eligible immigrants, proof of age is required;

however, no further verification of eligible immigration status is required.

For family members under the age of 62 who claim to be eligible immigrants, HABC or the

privately owned/managed site will verify immigration status with the U.S. Citizenship and

Immigration Services (USCIS). HABC will follow all USCIS protocols for verification of eligible

immigration status.

7.24 VERIFYING INCOME

Any income reported by the family must be verified.

7.24.1 Earned Income

For verification of wages using paystubs (written third party verification), HABC and the privately

owned/managed sites require 4 pays stubs for weekly pay, 2 pay stubs for bi-weekly or bi-monthly

pay and 2 pay stubs for monthly pay. The pay stubs must be consecutive.

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If an applicant/resident provides more than the minimum required pay stubs for verification,

HABC or the privately owned/managed site will use only the minimum number of paystubs

required and will ensure that the pay stubs used reflect the most current paystubs provided.

MTW Policy

HABC will not verify adult full-time student (for adult FT students other than the head, co-

head or spouse) income as 100% of the earned income is excluded; however, HABC will verify

full-time student status.

7.24.2 Business & Self-Employment Income

Business owners and self-employed persons will be required to provide one or more of the

following:

• An audited financial statement for the previous fiscal year if an audit was conducted.

• If an audit was not conducted, a statement of income and expenses must be submitted, and

the business owner or self-employed person must certify to its accuracy.

• All IRS schedules completed for filing federal and local taxes in the preceding year. If

accelerated depreciation was used on the tax return or financial statement, an accountant's

calculation of depreciation expense, computed using straight-line depreciation rules.

At any reexamination HABC or the privately owned/managed site may request documents that

support submitted financial statements such as manifests, appointment books, cash books, or bank

statements.

If a family member has been self-employed for less than three (3) months, HABC or the privately

owned/managed site will accept the family member’s certified estimate of income and schedule

an interim reexamination in three (3) months.

If the family member has been self-employed for only three (3) to twelve (12) months HABC or

the privately owned/managed site will require the family to provide documentation of income and

expenses for this period and use that information to project income.

7.24.3 Social Security (“SS”)/Supplemental Security Income (“SSI”) Benefits

To verify the SS/SSI benefits of applicants, HABC or the privately owned/managed site will

request a current (dated within the last 60 calendar days) SSA benefit verification letter from each

family member who receives social security benefits. If a family member is unable to provide the

document, HABC or the privately owned/managed site will help the applicant request a benefit

verification letter from SSA’s Web site at www.socialsecurity.gov or ask the family to request one

HABC ACOP: DRAFT 7-26-19 7-12

by calling SSA at 1-800-772-1213. The family will be required to provide the benefit verification

letter to HABC upon receiving it.

To verify the SS/SSI benefits of residents, HABC or the privately owned/managed site will obtain

information about SS/SSI benefits through HUD’s EIV system and confirm with the resident(s)

that the current listed benefit amount is correct.

If the resident disputes the EIV-reported benefit amount, or if benefit information is not available

in HUD systems, HABC or the privately owned/managed site will request a current SSA benefit

verification letter from each family member who receives Social Security benefits. If a family

member is unable to provide the document, HABC or the privately owned/managed site will advise

the resident that he or she may request a benefit verification letter from SSA’s Web site at

www.socialsecurity.gov or ask the family to request one by calling SSA at 1-800-772-1213. The

family will be required to provide the benefit verification letter to HABC or the privately

owned/managed site upon receiving it.

7.24.4 Alimony or Child Support

The methods HABC and the privately owned/managed sites will use to verify alimony and child

support payments will differ depending on whether the family declares that it receives regular

payments. If the family declares that it receives irregular or no payments, HABC or the privately

owned/managed site will verify payments using a disbursement history provided by the child

support enforcement agency. If the family declares that payments are regular, HABC or the

privately owned/managed site will use one or more of the following:

• Copies of the receipts and/or payment stubs from a complete prior six (6) month average

• Third-party verification form from the state or local child support enforcement agency

• Third-party verification form from the person paying the support

• Family's self-certification of amount received

If there are minors in the household and both parents and/or legal guardians do not reside in the

unit, HABC will request 3

party verification from the Family Court to confirm that no child

support is paid.

7.25 ASSETS AND INCOME FROM ASSETS

MTW Policy

Under the authority of the MTW Agreement, applicants and tenants will be allowed to self-

certify asset value and income when the market/face of the family’s assets is up to $50,000.

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When the market/face value of assets is over $50,000, HABC will apply regulatory verification

requirements.

HABC and the privately owned/managed sites will require the information necessary to determine

the current cash value of the family’s assets, which is the net amount the family would receive if

the asset were converted to cash.

Acceptable verification may include any of the following:

• Verification forms, letters, or documents from a financial institution or broker.

• Passbooks, checking account statements, certificates of deposit, bonds, or financial

statements completed by a financial institution or broker.

• Quotes from a stockbroker or realty agent as to net amount family would receive if they

liquidated security or real estate.

• Real estate tax statements if the approximate current market value can be declared from

assessment.

• Financial statements for business assets.

• Copies of closing documents showing the selling price and the distribution of the sales

proceeds.

• Appraisals of personal property.

7.25.1 Assets Disposed of for Less than Fair Market Value

HABC or the privately owned/managed site will obtain a self-certification from applicants and

residents as to whether any member has disposed of assets for less than fair market value during

the two years preceding the effective date of the applicant’s eligibility certification or the resident’s

reexamination. If the family certifies that it has disposed of assets, as defined by HUD, for less

than fair market value, verification is required that shows:

• All assets disposed of for less than fair market value.

• The date they were disposed of.

• The amount the family received; and

• The market value of the assets at the time of disposition. Third party verification will be

obtained wherever possible.

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7.25.2 Net Income from Rental Property

To verify net income from a rental property, the family must provide:

• A current executed lease for the property that shows the rental amount or certification from

the current resident; or

• A self-certification from the family members engaged in the rental of property providing

an estimate of expenses for the coming year and the most recent IRS Form 1040 with

Schedule E (Rental Income). If a Schedule E was not prepared, HABC or the privately

owned/managed site will require the family members involved in the rental of property to

provide a self-certification of income and expenses for the previous year and may request

documentation to support the statement including tax statements, insurance invoices, bills

for reasonable maintenance and utilities, and bank statements or amortization schedules

showing monthly interest expense.

7.26 RETIREMENT ACCOUNTS

HABC or the privately owned/managed site will accept written third-party documents supplied by

applicants and residents as evidence of the status of retirement accounts. The type of original

document that will be accepted depends upon the family member’s retirement status.

• Before retirement, HABC or the privately owned/managed site will accept an original

document from the entity holding the account with a date that shows it is the most recently

scheduled statement for the account but in no case earlier than 6 months from the effective

date of the examination.

• Upon retirement, HABC or the privately owned/managed site will accept an original

document from the entity holding the account that reflects any distributions of the account

balance, any lump sums taken and any regular payments.

• After retirement, HABC or the privately owned/managed site will accept an original

document from the entity holding the account dated no earlier than 12 months before the

date of the applicant’s eligibility interview or the resident’s reexamination that reflects any

distributions of the account balance, any lump sums taken and any regular distributions.

7.27 INCOME FROM EXCLUDED SOURCES

For fully excluded income, HABC and the privately owned/managed sites are not required to

follow the verification hierarchy, document why third-party verification is not available, or report

the income on the 50058. Fully excluded income is defined in 24 C.F.R 5.609 (c1 –c17), as may

be amended, and is income that is entirely excluded from the annual income determination (for

example, food stamps, earned income of a minor, or foster care funds). HABC will accept the

family’s self-certification as verification of fully excluded income. HABC and the privately

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owned/managed sites may request additional documentation if necessary to document the income

source. For example, under MTW, HABC fully excludes earned income of adult full-time students,

other than the head, co-head or spouse. In concert with this policy, HABC will not verify earned

income of adult full-time students where the income is fully excluded.

Partially excluded income is defined as income where only a certain portion of what is reported by

the family qualifies to be excluded and the remainder is included in annual income (for example,

the income of an adult full-time student, or income excluded under the earned income

disallowance). HABC or the privately owned/managed site will verify the source and amount of

partially excluded income.

7.28 ZERO, MINIMAL INCOME HOUSEHOLDS & TEMPORARY/SPORADIC

INCOME HOUSEHOLDS

A zero-income household is one where no household member receives any income, contributions

and/or benefits on his/her own behalf or on behalf of another individual in the household.

A minimal income household is one where the combined gross household income is $2,400 or less

per year.

A temporary or sporadic income household is one where the only source of income is temporary

or sporadic income.

See Chapter 13: Reexamination and Continued Occupancy policies related to zero, minimal

income and temporary/sporadic income households.

Households that report zero or minimal income and households reporting only temporary or

sporadic income may be required to provide information regarding their means of basic

subsistence, such as food, utilities, transportation, etc. If the family’s expenses exceed the family’s

known income, HABC or the privately owned/managed site may make inquiry as to the nature of

the family’s accessible resources.

HABC or the privately owned/managed site may also review the family information to evaluate

possible participation in programs such as TANF or unemployment compensation, and to provide

information on social service agencies and other organizations that may be of assistance to

families.

HABC or the privately owned/managed site may question the family to determine if there is

unreported income and to clarify any discrepancies.

HABC or the privately owned/managed site will require the following when the household claims

zero or minimal or only temporary/sporadic income at each successive income reexamination:

• Head or co-head of household must complete a Personal Declaration and Continued

Occupancy Application.

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• Completion of a zero income self-certification by each adult household member.

• EIV check to confirm that no household member has any income or in the case of a

minimal income family, to verify the income reported.

• Verification of any income source received at the certification prior to the claim of zero

income, minimal income or temporary or sporadic income. For example, if one household

member, at the certification prior to the claim of zero income, had wage income, HABC

or the privately owned/managed site will verify termination of employment.

HABC will run an EIV income report every 180 days for zero income, minimal income and

temporary/sporadic income households and will take action for unreported income.

7.29 VERIFYING MANDATORY DEDUCTIONS

Policies in this section cover verification of mandatory deductions.

7.29.1 Dependent and Elderly/Disabled Household Deductions

HABC or the privately owned/managed site will verify that the family members identified as

dependents or elderly/disabled persons meet the statutory definitions. No further verifications are

required.

7.29.2 Medical Expense Deduction

Unreimbursed medical expenses will be verified through written third-party documents provided

by the family, such as pharmacy printouts or receipts. See policies related to medical expenses in

the chapter on income and adjusted income. HABC or the privately owned/managed site will verify

that:

• The household is eligible for the deduction.

• The costs to be deducted are qualified medical expenses.

• The expenses are not paid for or reimbursed by any other source.

• Costs incurred in past years are counted only once.

7.29.3 Disability Assistance Expenses

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HABC or the privately owned/managed site will verify that the family is eligible to deduct

unreimbursed disability assistance expenses. HABC or the privately owned/managed site will

allow a family to deduct unreimbursed disability assistance expenses after verifying that:

• The family member for whom the expense is incurred is a person with disabilities

• The expense permits a family member, or members, to work

• The expense is not reimbursed from another source

Attendant Care

HABC will accept written third-party documents provided by the family. If family-provided

documents are not available, HABC will send a third-party verification form directly to the care

provider requesting the needed information. See policies related to disability assistance expenses

in Chapter 8: Income and Adjusted Income. Expenses for attendant care will be verified through:

• Written third-party documents provided by the family, such as receipts or cancelled checks.

• Third-party verification form signed by the provider, if family-provided documents are not

available.

• If third-party verification is not possible, written family certification as to costs anticipated

to be incurred for the upcoming 12 months.

Auxiliary Apparatus

Expenses for auxiliary apparatus will be verified through:

• Written third-party documents provided by the family, such as billing statements for

purchase of auxiliary apparatus, or other evidence of monthly payments or total payments

that will be due for the apparatus during the upcoming 12 months.

• Third-party verification form signed by the provider, if family-provided documents are not

available.

• If third-party or document review is not possible, written family certification of estimated

apparatus costs for the upcoming 12 months.

7.29.4 Child Care Expenses

The amount of the childcare expense deduction will be verified following the standard verification

procedures. HABC or the privately owned/managed site will verify that the household is eligible

to deduct unreimbursed childcare expenses by verifying the following:

• The child is eligible for care (12 or younger).

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• The costs claimed are not reimbursed.

• The costs enable a family member to work, actively seek work, or further the family’s

education.

• The costs are for an allowable type of childcare.

• The costs are reasonable.

Reasonableness of Expenses

The actual costs the family incurs will be compared with standards of reasonableness for the type

of care in the locality to ensure that the costs are reasonable. If the family presents a justification

for costs that exceed typical costs in the area, HABC or the privately owned/managed site will

request additional documentation, as required, to support a determination that the higher cost is

appropriate.

7.30 Verification of Identity

Adult residents will be required to present a current photo identification card (such as a current

driver’s license, state issued ID, student ID, etc.) to demonstrate that the adult named on birth

certificate is, indeed, the resident. Copies of identification verification items must be retained in

the tenant file folder.

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CHAPTER 8: INCOME & ADJUSTED INCOME

8.1 INTRODUCTION

A family’s income determines eligibility for assistance and is also used to calculate the family’s

rent payment. HABC and the privately owned/managed sites will use the policies and methods

described in this chapter to ensure that only income eligible families receive assistance and that

families pay the appropriate amount as set forth in this policy and in the MTW Plan, as applicable.

Once annual income has been established HABC and the privately owned/managed sites will

subtract from annual income the deductions for which a family qualifies in order to determine

adjusted income.

8.2 MINIMUM INCOME

There is no minimum income requirement for applicants or residents in HABC’s conventional

public housing program. Certain privately owned sites may apply different income eligibility

requirements as set forth in their approved tenant selection criteria.

8.3 ANNUAL INCOME

Annual income means all amounts, monetary or not, which:

• Goes to, or is on behalf of, the family head or spouse (even if temporarily absent) or to any

other family member.

• Is anticipated to be received from a source outside the family during the 12-month period

following admission or annual reexamination effective date.

• Is not specifically excluded under 24 C.F.R. 5.609 or the MTW Plan, where applicable.

Annual income also covers amounts derived during the 12-month period from assets to which any

member of the family has access, except where otherwise excluded under the MTW Plan, as

applicable.

Annual income includes, but is not limited to:

• The full amount, before any payroll deductions, of wages and salaries, overtime pay,

commissions, fees, tips and bonuses, and other compensation for personal services. The

employment income of an emancipated minor is included if the emancipated minor is the

head of household, co-head, or spouse.

• The net income from operation of a business or profession

HABC ACOP: DRAFT 7-26-19 8-20

o 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 IRS regulations. Withdrawals of cash or assets will not be considered

income when used to reimburse the family for cash or assets invested in the business.

Any withdrawal of cash or assets from the operation of a business or profession will be

included in income, except to the extent the withdrawal is reimbursement of cash or

assets invested in the operation by the family.

• Interest, dividends, and other net income of any kind from real or personal property

o 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 be considered income

when used to reimburse the family for cash or assets invested in the property.

• If the family has net family assets in excess of $50,000, annual income shall include the

market value of the asset times the passbook savings rate. See MTW Policy on ASSET

INCOME

• The full amounts of periodic payments received from Social Security, annuities, insurance

policies, retirement funds, pensions, disability or death benefits, and other similar types of

periodic receipts (See section 8.4 (Annual Income Exclusions) of this chapter for treatment

of delayed or deferred periodic payment of Social Security or Supplemental Security

Income benefits).

• Payments in lieu of earnings, such as unemployment and disability compensation, worker’s

compensation, and severance pay (See section 8.4 (Annual Income Exclusions) of this

chapter concerning treatment of lump-sum additions as family assets)

• All welfare assistance payments (Temporary Assistance to Needy Families, General

Assistance) received by or on behalf of any family member.

• Periodic and determinable allowances, such as alimony and child support payments, and

regular cash and non-cash contributions or gifts received from agencies or persons not

residing in the dwelling made to or on behalf of family members

o Any contribution or gift received every 2 months or more frequently will be considered

a "regular" contribution or gift, unless the amount is less than $600.00 per year.

• Imputed Welfare Income: Such amounts that involve a reduction of welfare benefits by the

welfare agency, in whole or in part, for a resident family member, because of fraud by a

family member in connection with the welfare program or because of a welfare agency

sanction against a family member for non-compliance with a welfare agency requirement

to participate in an economic self-sufficiency program shall be included in annual income.

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This limitation does not apply to the loss of welfare benefits resulting from the expiration

of a lifetime limit on benefits or a durational time limit on benefits.

o All regular payments to the head of the household for support of a minor, or payments

nominally to a minor for his/her support but controlled for his/her benefit by the head of

the household or a resident family member other than the head, who is responsible for his

or her support.

• All regular pay, special payments, and allowances (such as longevity, overseas duty, rental

allowances, allowances for dependents, etc.), received by a member of the Armed Forces

(whether they are living or not) who is head of the family, spouse, or other family member

whose dependents are residing in the unit.

8.4 ANNUAL INCOME EXCLUSIONS

Annual Income does not include the following:

• Income from the employment of children (including foster children) under the age of 18

years.

• Income from the employment of an emancipated minor if the emancipated minor is not the

head of household, co-head or spouse.

• Payments received for the care of foster children or foster adults (usually individuals with

disabilities, unrelated to the resident family, who are unable to live alone).

• Kinship and other similar state guardianship care payments. Kinship care, Kin-GAP, and

similar programs funded by states serve as an alternative to foster care placements. The

compensation to participating relatives or legal guardians is comparable to the

compensation to foster care parents. Payments for the care of foster children and foster

adults are exempt from income.

• Lump sum additions to family assets, such as inheritances, insurance payments (including

payments under health and accident insurance, and worker’s compensation), capital gains,

one-time lottery winnings, and settlement for personal or property losses (see above if the

payments are or will be periodic in nature). See section below for treatment of delayed or

deferred periodic payments of Social Security or Supplemental Security Income benefits.

See MTW Policy on ASSET INCOME.

• Amounts received by the family that are specifically for, or in reimbursement of, the cost

of medical expenses for any family member.

• Withdrawals of cash or assets when used to reimburse the family for cash or assets invested

in a property.

HABC ACOP: DRAFT 7-26-19 8-22

• Income of a live-in aide provided the person meets the definition of a live-in aide.

• The full amount of student financial assistance paid directly to the student, or the

educational institution is excluded.

• The special pay to a family member serving in the Armed Forces who is exposed to hostile

fire.

• Certain amounts received that are related to participation in the following programs:

o Amounts received under HUD funded training programs.

o Amounts received by a person with disabilities that are disregarded for a limited time

for purposes of Supplemental Security Income and benefits that are set aside for use

under a Plan to Attain Self-Sufficiency (PASS);

o Amounts received by a resident in other publicly assisted programs that are specifically

for, or in reimbursement of, out-of-pocket expenses incurred (special equipment,

clothing, transportation, childcare, etc.) to allow participation in a specific program.

o A resident services stipend, which is a modest amount (not to exceed $200/month)

received by a public housing resident for performing a service for HABC or a privately

owned/managed site, on a part-time basis, that enhances the quality of life in public

housing. Such services may include but are not limited to, fire patrol, hall monitoring,

lawn maintenance, and resident initiatives coordination. No resident may receive more

than one such stipend during the same period; and

o Incremental earnings and/or benefits to any family member from participation in a

qualifying state or local employment training program (including training programs not

affiliated with the local government), and training of family members as resident

management staff. Amounts excluded by this provision must be received under

employment training programs with clearly defined goals and objectives and are

excluded only for a limited period as determined in advance by HABC.

• Temporary, non-recurring, or sporadic income (including gifts).

• Reparation payments paid by foreign governments pursuant to claims filed under the laws

of that government by persons who were persecuted during the Nazi era.

A training program is defined as one with goals and objectives designed to lead to a higher level of

proficiency, and one, which enhances the individual’s ability to obtain employment. The training program may

have performance standards to measure proficiency. Training may include but is not limited to classroom training in

a specific occupational skill, on-the-job training with wages subsidized by the program, and basic education.

HABC ACOP: DRAFT 7-26-19 8-23

• All earned income for each full-time student 18 years old or older (excluding the head of

the household and spouse); (unearned income of adult full-time students, i.e. Social

Security, Supplemental Security Income and Child Support is counted) See MTW Policy

on WAGES ;

• Adoption assistance payments in excess of $480 per adopted child.

• Deferred periodic payments of Supplemental Security Income and Social Security benefits

that are received in a lump sum payment.

• Amounts received by the family in the form of refunds or rebates under state or local law

for property taxes paid on the dwelling apartment.

• Amounts paid by a state agency to a family that has a family member with a developmental

disability living at home to offset the cost of services and equipment needed to keep the

family member with the developmental disability at home; and

• 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 a program to which the exclusions set forth in the above list

of excluded income apply. A notice will be published by HUD in the Federal Register

identifying the benefits that qualify for this exclusion. A list of these federally mandated

exclusions are included as Appendix D: FEDERALLY MANDATED INCOME

EXCLUSIONS to this ACOP.

8.5 ANTICIPATING ANNUAL INCOME

HABC and the privately owned/managed sites will calculate anticipated annual income by adding

the income the family expects to receive during the 12-month period following the family’s

admission or regular reexamination effective date. Accordingly, annual income is calculated by

projecting current income forward for a 12-month period. If an estimate can be made for those

families whose income fluctuates from month to month by income averaging, this estimate will be

used so that the housing payment will not change from month to month. If there are bonuses or

overtime, which the employer cannot anticipate for the next twelve months, bonuses and overtime

received the previous year will be used. The method used depends on the regularity, source and

type of income.

8.6 KNOWN CHANGES IN INCOME

If HABC or the privately owned/managed site verifies an upcoming increase or decrease in

income, annual income will be calculated by applying each income amount to the appropriate part

of the 12-month period.

Example:

HABC ACOP: DRAFT 7-26-19 8-24

An employer reports that a full-time employee who has been receiving $8/hour will begin to

receive $8.25/hour in the eighth week after the effective date of the reexamination.

HABC or the privately owned/managed site would calculate annual income as follows: ($8/hour

× 40 hours × 7 weeks) + ($8.25/hr. × 40 hours × 45 weeks = $2,240.00 + $14,850.00 = $17,090.00)

8.7 ROUNDING OF INCOME AND DEDUCTIONS

Generally, HABC or the privately owned/managed site will round to the nearest whole dollar at

the annual calculation for each income/deduction source.

HABC or the privately owned/managed site will round as follows for the following income and

deductions:

• Social Security Income

o When the Social Security benefit letter states that the monthly benefit is rounded

down to the whole dollar, HABC or the privately owned/managed site will calculate

annual income by using the full monthly (not rounded down) benefit before any

deductions and round at the final annual calculation. The benefit letter is only to be

used when Enterprise Income Verification (EIV) is not available or the resident

disputes EIV.

• Applying the Cost-of-Living Adjustment (COLA) to Social Security and Supplemental

Security Income

o When the EIV report does not yet contain the benefit for the upcoming year and

where HABC or the privately owned/managed site is required to apply the COLA

for the upcoming year, HABC or the privately owned/managed site will apply the

COLA to the current monthly benefit and will use the full monthly benefit to

calculate income. For example, if the current Social Security benefit is $560/month

and the COLA is 1.7%, HABC or the privately owned/managed site would increase

the monthly benefit of $560/month benefit by 1.7% to $569.52 and would then

multiply $569.52 times 12 to get the annual income. The rounding would occur at

the annual calculation $6834.

• With respect to other income/deduction verification sources, HABC and the privately

owned/managed sites will follow the instructions for rounding set forth in the verification

document to calculate annual income and/or deductions.

8.8 WAGES

The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions,

fees, tips and bonuses, and other compensation for personal services is included in annual income.

HABC ACOP: DRAFT 7-26-19 8-25

For persons who regularly receive bonuses or commissions, HABC and the privately

owned/managed sites will average amounts received for the year preceding admission or

reexamination

MTW Policy

Under the authority of the MTW Agreement, HABC will exclude all full-time student earned

income for adult full-time students, other than the head of household, co-head and spouse.

HABC will continue to apply a dependent deduction to adult full-time students. Additionally,

as HABC is excluding 100% of earned income for adult full-time students, HABC will verify

full-time student status; however, HABC will not conduct verification of full-time student

earned income.

Earned income include wages, income from a business and military pay

8.9 BUSINESS INCOME

Annual income includes the net income from the operation of a business or profession.

Expenditures for business expansion or amortization of capital indebtedness shall not be used as

deductions in determining net income.

An allowance for depreciation of assets used in a business or profession may be deducted, based

on straight line depreciation, as provided in Internal Revenue Service regulations.

Any withdrawal of cash or assets from the operation of a business or profession will be included

in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the

operation by the family.

Business Expenses

Net income is “gross income less business expense.” To determine business expenses that may be

deducted from gross income, HABC or the privately owned/managed site will use current

applicable Internal Revenue Service (IRS) rules for determining allowable business expenses [see

IRS Publication 535], unless a topic is addressed by HUD regulations or guidance.

Business Expansion

HUD regulations do not permit HABC or the privately owned/managed sites to deduct from gross

income expenses for business expansion.

Business expansion is defined as any capital expenditures made to add new business activities, to

expand current facilities, or to operate the business in additional locations. For example, purchase

of a street sweeper by a construction business for the purpose of adding street cleaning to the

services offered by the business would be considered a business expansion. Similarly, the purchase

HABC ACOP: DRAFT 7-26-19 8-26

of a property by a hair care business to open at a second location would be considered a business

expansion.

8.10 MILITARY PAY

All regular pay, special pay, and allowances of a member of the Armed Forces are considered

income except for the special pay to a family member serving in the Armed Forces who is exposed

to hostile fire.

8.11 ALIMONY AND CHILD SUPPORT

If the amount of child support or alimony received is less than the amount awarded by the court,

HABC or the privately owned/managed site will use the amount awarded by the court unless the

family can verify that they are not receiving the full amount.

HABC or the privately owned/managed site will accept as verification that the family is receiving

an amount less than the award if HABC or the privately owned/managed site receives verification

from the agency responsible for enforcement or collection.

It is the family's responsibility to supply a certified copy of the divorce decree or other court

documents reflecting alimony awarded by the court or verification from the court or agency

responsible for enforcing child support payments reflecting the amount of child support payments

awarded.

8.12 CHILDREN’S EARNINGS

Employment income earned by children (including foster children) under the age of 18 years is

not included in annual income.

8.13 INCOME OF A LIVE-IN AIDE

Income earned by a live-in aide, as defined in 24 CFR 5.403, is not included in annual income

8.14 INCOME OF FOSTER CHILDREN AND FOSTER ADULTS

• Earned income of foster children is excluded from annual income.

• Earned income of foster adults is included in annual income.

HABC ACOP: DRAFT 7-26-19 8-27

• Payments received for the care of foster children or foster adults (usually persons with

disabilities, unrelated to the resident family, who are unable to live alone) is excluded from

annual income.

• All other income received on behalf of a foster child, or a foster adult is included in annual

income. For example, if a foster adult receives Supplemental Security Income payments

those payments are included in annual income.

8.15 SEASONAL INCOME

People in some occupations regularly work less than 12 months per year, i.e., school employees,

agricultural workers, and construction workers. To determine annual income for individuals who

have seasonal income, HABC or the privately owned/managed site will use past actual income

received or earned within the last 12 months of the determination date. Therefore, interim

reexaminations will not be completed when circumstances change. Documentation may

include, but is not limited to UIV, EIV, W-2 forms and tax returns.

Example:

Mary is a teacher with the ABC school district, earning $2,000 per month. She works for nine

months a year. At the time of her regular reexamination Mary is not working. HABC or the

privately owned/managed site runs an EIV income report which has the actual income earned for

the prior year. The EIV income report shows income of $24,053 for the prior year. Mary received

$20,000 for her job as a teacher and collected $4,053 in unemployment the prior year. HABC or

the privately owned/managed site would use $24,053 as her income for the upcoming certification.

8.16 INCOME OF PERSON PERMANENTLY CONFINED TO NURSING HOME

If a family member is permanently living in a hospital or nursing home and there is a family

member left in the household, HABC or the privately owned/managed site will conduct an interim

reexamination, remove exclude the income and medical expenses of the family member

permanently living in a nursing home and re-calculate the Total Tenant Payment. HABC or the

privately owned/managed site will remove the individual from the household.

8.17 INCOME OF A PERSON MOVING INTO PUBLIC HOUSING FROM A NURSING

HOME

If a family member is admitted to public housing upon release from a nursing home,

rehabilitation center or other healthcare or assisted living facility, and verifies a reduced

Supplemental Security Income or Old Age Survivors Disability Income (OASDI) income from

Social Security; HABC or the privately owned/managed site will annualize the current income

and conduct an interim reexamination within 90 calendar days of the date of admission. If within

the 90 calendar days, the resident experiences an increase in income from the Social Security

Administration, HABC or the privately owned/managed site will process an increase in rent

HABC ACOP: DRAFT 7-26-19 8-28

between the regularly scheduled reexaminations.

8.18 INCOME OF TEMPORARILY ABSENT FAMILY MEMBERS

The income of family members approved to live in the apartment will be counted, even if the

family member is temporarily absent from the apartment. See policies on Temporarily Absent

family members for definition of Temporarily Absent.

8.19 INCOME OF NEW FAMILY MEMBERS ADDED TO THE LEASE

HABC or the privately owned/managed site will process an increase in rent between regularly

scheduled reexaminations when the household size increases due to the addition of an adult

household member approved by HABC and, where the addition is to a household living in a

privately owned/managed site. Requests for the addition of a new member to the household must

be approved by HABC and, where the addition is to a household living in a privately

owned/managed site, by that site, prior to the actual move-in by the proposed new member. The

addition of a family member will not result in re-examination of the income of the other family

members. Rather, the re-examination of the income of the other family members will occur during

the next regularly scheduled review.

8.20 TEMPORARY AND SPORADIC INCOME

Temporary and sporadic income is excluded from the calculation of annual income. (See Chapter

on Reexaminations and Continued Occupancy for regular and interim reexamination policies

related to temporary and sporadic income).

Sporadic income is income that cannot be reliably predicted. For example, the income of an

individual who works occasionally as a handyman would be considered sporadic if future work

could not be anticipated and no historic, stable pattern of income existed.

Example:

Daniel works occasionally as a handyman. He claims to have worked only a couple of times last

year and he has no documentation to support this claim. His earnings are neither reliable (he cannot

depend on them) nor do they recur at regular intervals. Daniel’s handyman earnings are not

included in annual income. If Daniel is the sole household member and has no other sources of

income or benefits, he would fall under the zero/minimal income verification and reexamination

requirements.

8.21 WAGES FROM EMPLOYMENT WITH THE HABC OR A RESIDENT

ORGANIZATION

Upon employment with HABC or a privately owned/managed site, or an officially recognized

resident organization, the full amount of employment income received by the person is counted.

HABC ACOP: DRAFT 7-26-19 8-29

There is no exclusion of income for wages funded under the 1937 Housing Act Programs, which

includes public housing and Section 8.

8.22 CONTRIBUTIONS TO RETIREMENT FUNDS

Contributions to company retirement/pension funds are handled as follows:

• While an individual is employed, only amounts the family can withdraw without retiring

or terminating employment are counted as assets.

• After retirement or termination of employment, any amount the employee elects to receive

as a lump sum is counted as an asset. Regular withdrawals from retirement accounts are

treated as income; however, do not count any remaining amounts in the account as an

asset.

8.23 INCOME EARNED UNDER CERTAIN FEDERAL PROGRAMS

Income from some federal programs is specifically excluded from consideration as income,

including:

• Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C.

5044(g), 505

• Awards under the federal work-study program (20 U.S.C. 1087 cup)

• Payments received from programs funded under Title V of the Older Americans Act of

1985 (42 U.S.C. 3056(f))

• Allowances, earnings, and payments to AmeriCorps participants under the National and

Community Service Act of 1990 (42 U.S.C. 12637(d))

• Allowances, earnings, and payments to participants in programs funded under the

Workforce Investment Act of 1998 (29 U.S.C. 2931)

8.24 RESIDENT SERVICE STIPEND

Amounts received under a resident service stipend are not included in annual income. A resident

service stipend is a modest amount (not to exceed $200 per individual per month) received by a

resident for performing a service for HABC or the privately owned/managed site, on a part-time

basis, that enhances the quality of life in the development. Such services may include, but are not

limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and

serving as a member of HABC’s governing board. No resident may receive more than one such

stipend during the same period.

HABC ACOP: DRAFT 7-26-19 8-30

8.25 STATE AND LOCAL EMPLOYMENT TRAINING PROGRAMS

Incremental earnings and benefits to any family member resulting from participation in qualifying

state or local employment training programs (including training programs not affiliated with a

local government) and the training of a family member as a resident management staff are excluded

from annual income. Amounts excluded by this provision must be received under employment

training programs with clearly defined goals and objectives and are excluded only for the period

during which the family member participates in the employment training programs.

HABC and privately owned/managed sites define training program as “a learning process with

goals and objectives, generally having a variety of components, and taking place in a series of

sessions over a period of time. It is designed to lead to a higher level of proficiency, and it enhances

the individual’s ability to obtain employment. It may have performance standards to measure

proficiency. Training may include, but is not limited to:

• Classroom training in a specific occupational skill,

• On-the-job training with wages subsidized by the program, or

• Basic education.

HABC and the privately owned/managed sites define incremental earnings and benefits as the

difference between the total amount of welfare assistance and earnings of a family member prior

to enrollment in a training program and the total amount of welfare assistance and earnings of the

family member after enrollment in the program.

In calculating the incremental difference, HABC or the privately owned/managed site will use as

the pre-enrollment income the total annualized amount of the family member’s welfare assistance

and earnings reported on the family’s most recently completed HUD-50058.

End of participation in a training program must be reported in accordance with HABC’s or the

privately owned/managed site’s interim reporting requirements.

All other amounts (such as child support and alimony) are treated in the usual manner in

determining annual income. Child support, or other income that is not earnings or benefits, is not

a factor and will not be considered in regard to training income exclusions, regardless of whether

they have increased or decreased.

If a family has members who enroll in training programs at different times, the exclusion may be

taken at different periods. The rules will be applied individually to each member based on in

which type of program they are enrolled.

Employment Before Completion of Training Program

A resident who has substantially completed a training program to accept a job offer will be

eligible for the 18-month exclusion of income.

HABC ACOP: DRAFT 7-26-19 8-31

"Substantial completion" of a training program will be completion of 75% of the program.

If a resident has completed that portion of the training program necessary to get a job and

continues simultaneously with the training program, the 18-month exclusion period will begin on

the date the resident started the new job, not the date the resident completes the training program.

The resident is not required to get a job that is directly related to the training program to be

eligible for the exclusion.

Other Factors to Be Considered

For self-employed residents, HABC and privately owned/managed sites will exclude only the net

income of a resident when factoring the earnings.

The resident is required to notify HABC or the privately owned/managed site within 10 working

days of enrolling in a qualifying training program.

Residents who have a decrease in income because of enrolling in a training program may request

an interim examination. HABC or the privately owned/managed site will determine the decrease

in incremental income because of the training program and adjust the resident’s rent accordingly.

Residents who do not notify HABC or the privately owned/managed site within 10 working

days of starting a training program, and have a decrease in income, will not have their rent

adjusted retroactively.

8.26 HUD-FUNDED TRAINING PROGRAMS

Amounts received under training programs funded in whole or in part by HUD are excluded from

annual income. Eligible sources of funding for the training include operating subsidy, Section 8

administrative fees, and modernization, Community Development Block Grant (CDBG), HOME

program, and other grant funds received from HUD.

To qualify as a training program, the program must meet the definition of training program

provided above for state and local employment training programs.

8.27 EARNED INCOME TAX CREDIT

Earned income tax credit (EITC) refund payments received on or after January 1, 1991 (26 U.S.C.

32(j)), are excluded from annual income. Although many families receive the EITC annually when

they file taxes, an EITC can also be received throughout the year. The prorated share of the annual

EITC is included in the employee’s payroll check.

8.28 LUMP-SUM RECEIPTS

Lump-sum additions to family assets (i.e., inheritances, insurance payments inclusive of payments

HABC ACOP: DRAFT 7-26-19 8-32

under health and accident insurance and worker's compensation), capital gains, and settlement for

personal or property losses) are not included in income but may be included in assets.

Lump-sum payments caused by delays in processing periodic payments (unemployment or

welfare assistance) are counted as income. Lump sum payments from Social Security or

Supplemental Security Income are excluded from income, but any amount remaining will be

considered an asset. Deferred periodic payments, which have accumulated due to a dispute, will

be treated the same as periodic payments which are deferred due to delays in processing.

In order to determine the amount of retroactive resident rent that the family owes as a result of

the lump sum receipt, HABC or the privately owned/managed site will always calculate

retroactively to date of receipt.

Retroactive Calculation Methodology

HABC or the privately owned/managed site will go back to the date the lump-sum payment was

received, or to the date of admission, whichever is closer.

HABC or the privately owned/managed site will determine the amount of income for each

certification period, including the lump sum, and recalculate the resident rent for each

certification period to determine the amount due HABC or the privately owned/managed site.

The family may pay this "retroactive" amount to HABC or the privately owned/managed site in

a lump sum or, at HABC's or the privately owned/managed site’s option, HABC or the privately

owned/managed site may enter into a Repayment Agreement with the family. The amount owed

by the family is a collectible debt even if the family becomes unassisted.

Attorney Fees

The family's attorney’s fees may be deducted from lump-sum payments when computing annual

income if the attorney's efforts have recovered a lump-sum compensation, and the recovery paid

to the family does not include an additional amount in full satisfaction of the attorney’s fees.

8.29 IMPUTED WELFARE INCOME

HABC or the privately owned/managed site will not reduce the public housing rent for families

whose welfare assistance is reduced due to a "specified welfare benefit reduction," which is a

reduction in welfare benefits due to:

• Fraud by a family member in connection with the welfare program; or

• Noncompliance with a welfare agency requirement to participate in an economic self-

sufficiency program.

A "specified welfare benefit reduction" does not include a reduction of welfare benefits due to:

• The expiration of a lifetime time limit on receiving benefits.

HABC ACOP: DRAFT 7-26-19 8-33

• A situation where the family has complied with welfare program requirements but cannot

or has not obtained employment ( an example: the family has complied with welfare

program requirements, but the durational time limit, such as a cap on the length of time

a family can receive benefits, causes the family to lose its welfare benefits);

• Noncompliance with other welfare agency requirements.

Definition of "Covered Family"

A household that receives benefits for welfare or public assistance from a State or public agency

program which requires, as a condition of eligibility to receive assistance, the participation of a

family member in an economic self-sufficiency program.

Definition of Imputed Welfare Income

The amount of annual income, not actually received by a family, as a result of a specified

welfare benefit reduction, that is included in the family’s income for purposes of determining

rent is considered imputed welfare income.

The amount of imputed welfare income is determined by HABC or the privately owned/managed

site, based on written information supplied to HABC or the privately owned/managed site by the

welfare agency, including:

• The amount of the benefit reduction

• The term of the benefit reduction

• The reason for the reduction

• Subsequent changes in the term or amount of benefit reduction.

Imputed welfare income will be included at regular and interim reexaminations during the

term of reduction of welfare benefits.

The amount of imputed welfare income will be offset by the amount of additional income a

family receives that begins after the sanction was imposed. When additional income is at least

equal to the imputed welfare income, the imputed income will be reduced to zero.

If the family was not an assisted resident of public housing when the welfare sanction began,

imputed welfare income will not be included in annual income.

Verification Before Denying a Request to Reduce Rent

HABC or the privately owned/managed site will obtain written verification from the welfare

agency stating that the family's benefits have been reduced because of fraud or noncompliance

before denying the family's request for rent reduction. HABC or the privately owned/managed

site will rely on the welfare agency’s written notice to HABC or the privately owned/managed

site regarding welfare sanctions.

HABC ACOP: DRAFT 7-26-19 8-34

Family Dispute of Amount of Imputed Welfare Income

If the family disputes the amount of imputed income and HABC denies the family’s request to

modify the amount, HABC will provide the resident with a notice of denial, which will

include:

• An explanation for HABC’s determination of the amount of imputed welfare income.

• A statement that the resident may request a grievance hearing.

• A statement that the information received from the welfare agency cannot be disputed

at the grievance hearing, and the issue to be examined at the grievance hearing will be

HABC’s determination of the amount of imputed welfare income, not the welfare

agency’s determination to sanction the welfare benefits.

If the resident requests a grievance hearing, the resident is not required to pay an escrow deposit

for the portion of resident rent attributable to the imputed welfare income.

8.30 EARNED INCOME DISREGARD (EID)

Effective April 7, 2016, HUD implemented revised guidance and regulation on the Earned Income

Disregard. The policies below represent the revised EID requirements. Families eligible for and

participating in the disallowance of earned income under this section prior to May 9, 2016 will

continue to be governed by the EID as it existed immediately prior to that date. See

REEXAMINATION FREQUENCY for policy information on reexam frequency for households

with family members on EIDs.

Eligibility

This disallowance applies only to individuals in families already participating in the public

housing program and therefore does not apply for purposes of admission.

A qualified family is a family residing in public housing:

• Whose annual income increases as a result of employment of a family member who

was unemployed for one or more years previous to employment.

• Whose annual income increases as a result of increased earnings by a family member

during participation in any economic self-sufficiency or other job training program;

• Whose annual income increases, as a result of new employment or increased earnings

of a family member, during or within six months after receiving assistance, benefits

or services under any state program for temporary assistance for needy families

funded under part a of title iv of the social security act, as determined by HABC in

consultation with the local agencies administering temporary assistance for needy

HABC ACOP: DRAFT 7-26-19 8-35

families (TANF) and welfare-to-work (WTW) programs. The TANF program is not

limited to monthly income maintenance, but also includes such benefits and services

as one-time payments, wage subsidies and transportation assistance—provided that

the total amount over a six-month period is at least $500.

Description of the EID

Once a family member is determined to be eligible for the EID, the 24–calendar month period will

begin on the effective date of the regular reexamination. 100% of the increase in earned income is

excluded.

• If the family member discontinues the employment that initially qualified the family for

the EID, the 24–calendar month period continues.

• During the 24–calendar month period, EID benefits are recalculated based on changes to

family member income and employment (no change from current practice);

• During the 24–calendar month period, HABC will exclude all increased income resulting

from the qualifying employment of the family member.

• The EID benefit is limited to a lifetime 24-month period for the qualifying family

member.

• At the end of the 24 months, the EID ends regardless of how many months were “used.”

Example of How the EID Works

Time Frame

EID Under this Regulation

• January 2017

(month one)

• Carl begins working and is eligible for EID.

• 100% of Carl’s increase in earned income is

excluded

• July 2017

(month seven)

• Carl is laid off.

• EID “clock” continues to run.

• February 2018

(month 14)

• Carl begins working again.

• 100% of the increase in earned income due

to Carl’s employment is excluded.

• December 2018

(month 24)

• This is the final month during which Carl

receives his EID benefit.

HABC ACOP: DRAFT 7-26-19 8-36

Applicability to Training Income Exclusions

If a resident meets the criteria for the mandatory earned income disallowance as outlined in

24 CFR 960.255, and as amended, HABC shall not deny a resident the disallowance based on the

resident’s receipt of any prior training income exclusion.

Applicability to Child Care and Disability Assistance Expense Deductions

The amount deducted for childcare and disability assistance expenses necessary to permit

employment shall not exceed the amount of employment income that is included in annual income.

Therefore, for families entitled to the earned income disallowance, the amounts of the full and

phase-in exclusions from income shall not be used in determining the cap for childcare and

disability assistance expense deductions.

Applicability to Training Income Exclusions

If a resident meets the criteria for the mandatory earned income disallowance as outlined in

24 CFR 960.255, and as amended, HABC shall not deny a resident the disallowance based on

the resident’s receipt of any prior training income exclusion.

8.31 TREATMENT OF OVERPAYMENT DEDUCTIONS FROM SS BENEFITS

When the Social Security Administration overpays an individual, resulting in a withholding or

deduction from his or her benefit amount, HABC or the privately owned/managed site will perform

an interim rent calculation until the overpayment is paid in full. The amount and duration of the

withholding will vary depending on the amount of the overpayment and the percent of the benefit

rate withheld.

Regardless of the amount withheld or the length of the withholding period, HABC or the privately

owned/managed site will use the reduced benefit amount after deducting only the amount of the

overpayment withholding from the gross benefit amount.

8.32 FULL TIME STUDENT INCOME EXCLUSION

Non-MTW Policy: Earnings in excess of $480 for each full-time student 18 years old or older

(excluding the head of household, co-head and spouse will be excluded.

MTW Policy

HABC will exclude all adult, full-time student earned income, excluding the head of

household, co-head, or spouse. HABC will not verify adult full-time student income as 100%

of the earned income is excluded.

8.33 ASSET INCOME

HABC ACOP: DRAFT 7-26-19 8-37

MTW Policy

Using its MTW authority, HABC will exclude income from assets where the market/face value

of the asset is up to $50,000. When the market/face value of a family’s assets is in excess of

$50,000, HABC will calculate asset income by taking the market/face value of the family’s

assets and multiplying that value by the established passbook savings rate.

There are two terms that are important in calculating asset income – Market Value and Cash Value.

Market Value is the face value of an asset (i.e. the value of a Certificate of Deposit).

The Cash Value of an asset is the Market Value less reasonable expenses that would be incurred

in selling or converting the asset to cash, such as the following:

• Penalties for premature withdrawal.

• Broker and legal fees; and

• Settlement costs for real estate transactions

8.34 ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE

HABC and the privately owned/managed sites will count assets disposed of for less than fair

market value during the two years preceding certification or reexamination. HABC and the

privately owned/managed sites will count the difference between the market value and the actual

payment received in calculating total assets. The difference will be included in calculating total

assets for two years.

Assets disposed of as a result of foreclosure or bankruptcy are not considered to be assets disposed

of for less than fair market value. Assets disposed of because of a divorce or separation are not

considered to be assets disposed of for less than fair market value.

HABC's and the privately owned/managed sites’ minimum threshold for counting assets disposed

of for less than Fair Market value is $5,000.00. If the total value of assets disposed of within the

two-year period is less than $5,000.00, they will not be considered an asset.

8.35 CHECKING AND SAVINGS ACCOUNTS

For regular checking accounts and savings accounts, cash value has the same meaning as market

value. If a checking account does not bear interest, the anticipated income from the account is zero.

• In determining the value of a checking account, HABC or the privately owned/managed

site will use the average monthly balance for the last six months.

HABC ACOP: DRAFT 7-26-19 8-38

• In determining the value of a savings account, HABC or the privately owned/managed site

will use the current balance.

• In determining the anticipated income from an interest-bearing checking or savings

account, HABC or the privately owned/managed site will multiply the value of the account

by the current rate of interest paid on the account.

8.36 INVESTMENT ACCOUNTS SUCH AS STOCKS, BONDS, SAVING

CERTIFICATES, AND MONEY MARKET FUNDS

Interest or dividends earned by investment accounts are counted as actual income from assets even

when the earnings are reinvested. The cash value of such an asset is determined by deducting from

the market value any broker fees, penalties for early withdrawal, or other costs of converting the

asset to cash.

In determining the market value of an investment account, HABC or the privately owned/managed

site will use the value of the account on the most recent investment report.

How anticipated income from an investment account will be calculated depends on whether the

rate of return is known.

For assets that are held in an investment account with a known rate of return (e.g., savings

certificates), asset income will be calculated based on that known rate (market value multiplied by

rate of earnings). When the anticipated rate of return is not known (e.g., stocks), HABC or the

privately owned/managed site will calculate asset income based on the earnings for the most recent

reporting period.

8.37 LIFE INSURANCE

The cash value of a life insurance policy available to a family member before death, such as a

whole life or universal life policy, is included in the calculation of the value of the family’s assets.

The cash value is the surrender value. If such a policy earns dividends or interest that the family

could elect to receive, the anticipated amounts of dividends or interest is counted as income from

the asset whether the family receives it or not.

8.38 PASSBOOK SAVINGS RATE

HABC will establish a passbook rate within 75 basis points (plus or minus .75 percent) of the

Savings National Rate in effect at the time HABC establishes the passbook rate. The passbook rate

may not be less than 0 percent. HABC will apply this policy to calculate asset income for applicants

and residents. For example, if the published FDIC Savings National Rate is .12% HABC might

add 75 basis points (.75 percent) for a passbook savings rate of .87%.

HABC ACOP: DRAFT 7-26-19 8-39

8.39 ADJUSTED INCOME

Adjusted income is calculated by subtracting allowable deductions and allowances from annual

income.

8.40 DEDUCTIONS

In determining adjusted income, HABC and the privately owned/managed sites will deduct the

following amounts from annual income:

1) Dependent allowance: A deduction of $480 is taken for each dependent, which is defined as

any family member other than the head, spouse, or co-head who is under the age of 18 or who is

18 or older and is a person with disabilities or a full-time student. Foster children, foster adults,

and live-in aides are never considered dependents.

2) "Elderly" allowance: $400 per household for families whose head or spouse is 62 or over or

are persons with disabilities. A single deduction of $400 is taken for the family.

3) Allowable medical expenses for all family members are deducted for elderly families and

families whose head, spouse or co-head is a person with a disability. Medical deductions will only

be allowed to the extent that the sum exceeds three percent of the annual income.

4) Childcare expenses for children under 13 are deducted when childcare is necessary to allow

an adult family member to work, actively seek work, or attend school (including vocational

training).

5) Expenses for attendant care or auxiliary apparatus for persons with disabilities if needed to

enable the individual or an adult family member to work, actively seek work, or attend school

(including vocational training).

8.41 MEDICAL EXPENSE DEDUCTION

Unreimbursed medical expenses may be deducted to the extent that, in combination with any

disability assistance expenses, they exceed three percent of annual income.

The medical expense deduction is permitted only for families in which the head, spouse, or co-

head is elderly or is a person with a disability. If a family is eligible for a medical expense

deduction, the medical expenses of all family members are counted.

“Medical expenses” include medical insurance premiums, and medical expenses that are

anticipated during the period for which annual income is computed, and which is not covered by

insurance.

HABC ACOP: DRAFT 7-26-19 8-40

The most current IRS Publication 502, Medical and Dental Expenses, will be used to determine

the costs that qualify as medical expenses. Over-the-counter products will not be eligible for

deductions as medical expenses unless they are accompanied by a doctor’s prescription.

Summary of Allowable Medical Expenses from IRS Publication 502

• Services of medical professionals

• Surgery and medical procedures that

are necessary, legal, non-cosmetic

• Services of medical facilities

• Hospitalization, long-term care, and

in-home nursing services

• Prescription medicines and insulin,

but not nonprescription medicines

even if recommended by a doctor

• Improvements to housing directly

related to medical needs (i.e., ramps

for a wheelchair, handrails)

• Substance abuse treatment programs

• Psychiatric treatment

• Ambulance services and some costs

of transportation related to medical

expenses

• The cost and care of necessary

equipment related to a medical

condition (i.e., eyeglasses/lenses,

hearing aids, crutches, and artificial

teeth)

• Cost and continuing care of

necessary service animals

• Medical insurance premiums or the

cost of a health maintenance

organization (HMO)

Note: This chart provides a summary of eligible medical expenses only. Detailed

information is provided in IRS Publication 502. Medical expenses are considered only

to the extent they are not reimbursed by insurance or some other source.

8.42 DISABILITY ASSISTANCE EXPENSE DEDUCTION

Reasonable expenses for attendant care and auxiliary apparatus for a family member with a

disability may be deducted if they:

• Are necessary to enable a family member 18 years or older to work, actively seek work, or

attend school (including vocational training);

• Are not paid to a family member or reimbursed by an outside source.

• In combination with any medical expenses, exceed three percent of annual income; and

• Do not exceed the earned income received by the family member who is enabled to work.

Earned Income Limit on the Disability Assistance Expense Deduction

A family can qualify for the disability assistance expense deduction only if at least one family

member (who may be the person with disabilities) is enabled to work, actively seek work, or attend

school (including vocational training).

HABC ACOP: DRAFT 7-26-19 8-41

The disability expense deduction is capped by the amount of “earned income received by family

members who are 18 years of age or older and who are able to work” because of the expense. The

earned income used for this purpose is the amount verified before any earned income

disallowances or income exclusions are applied.

The family must identify the family member enabled to work, actively seek work, or attend school

(including vocational training) because of the disability assistance expenses. In evaluating the

family’s request, HABC or the privately owned/managed site will consider factors such as how

the work schedule of the relevant family members relates to the hours of care provided, the time

required for transportation, the relationship of the family members to the person with disabilities,

and any special needs of the person with disabilities that might determine which family members

are enabled to work, actively seek work, or attend school (including vocational training).

When HABC or the privately owned/managed site determines that the disability assistance

expenses enable more than one family member to work, the disability assistance expenses will be

capped by the sum of the family members’ incomes.

Eligible Disability Expenses

Expenses incurred for maintaining or repairing an auxiliary apparatus are eligible. In the case of

an apparatus that is specially adapted to accommodate a person with disabilities (e.g., a vehicle or

computer), the cost to maintain the special adaptations (but not maintenance of the apparatus itself)

is an eligible expense. The cost-of-service animals trained to give assistance to persons with

disabilities, including the cost of acquiring the animal, veterinary care, food, grooming, and other

continuing costs of care, will be included as an eligible expense.

Eligible Attendant Care

The family identifies and HABC or the privately owned/managed site verifies the type of attendant

care that is appropriate for the person with disabilities. Attendant care includes, but is not limited

to, reasonable costs for home medical care, nursing services, in-home or center-based care

services, interpreters for persons with hearing impairments, and readers for persons with visual

disabilities.

Attendant care expenses will be included for the period that the person enabled to work is

employed plus reasonable transportation time. The cost of general housekeeping and personal

services is not an eligible attendant care expense. However, if the person enabled to work is the

person with disabilities, the cost of personal services necessary to enable the person with

disabilities to work is an eligible expense.

Disability Expense Payments to Family Members

No disability expenses may be deducted for payments to a member of a resident family. However,

expenses paid to a relative who is not a member of the resident family may be deducted if they are

not reimbursed by an outside source.

Necessary and Reasonable Expenses

The family identifies and HABC or the privately owned/managed site verifies the type of care or

HABC ACOP: DRAFT 7-26-19 8-42

auxiliary apparatus to be provided. The family must describe how the expenses enable a family

member to work. The family must certify that the disability assistance expenses are necessary and

are not paid for or reimbursed by any other source.

8.43 CHILD CARE EXPENSE DEDUCTION

Childcare expenses are amounts anticipated to be paid by the family for the care of children under

13 years of age during the period for which annual income is computed, but only where such care

is necessary to enable a family member to actively seek employment, be gainfully employed, or to

further his or her education and only to the extent such amounts are not reimbursed. The amount

deducted shall reflect reasonable charges for childcare. In the case of childcare necessary to permit

employment, the amount deducted shall not exceed the amount of employment income that is

included in annual income.

Childcare expenses do not include child support payments made to another on behalf of a minor

who is not living in an assisted family’s household. However, childcare expenses for foster

children that are living in the assisted family’s household are included when determining the

family’s childcare expenses.

Determining Who Is Enabled to Pursue an Eligible Activity

The family must identify the family member(s) enabled to pursue an eligible activity to receive

the childcare deduction. The term eligible activity in this section means any of the activities that

may make the family eligible for a childcare deduction (seeking work, pursuing an education, or

being gainfully employed).

In evaluating the family’s request, HABC or the privately owned/managed site will consider

factors such as how the schedule for the claimed activity relates to the hours of care provided, the

time required for transportation, the relationship of the family member(s) to the child, and any

special needs of the child that might help determine which family member is enabled to pursue an

eligible activity.

Seeking Work

If the childcare expense being claimed is to enable a family member to seek employment, the

family must provide evidence of the family member’s efforts to obtain employment at each

reexamination. The deduction may be reduced or denied if the family member’s job search efforts

are not commensurate with the childcare expense being claimed.

Furthering Education

If the childcare expense being claimed is to enable a family member to further his or her education,

the member must be enrolled in school (academic or vocational) or participating in a formal

training program. The family member is not required to be a full-time student, but the time spent

in educational activities must be commensurate with the childcare claimed.

Being Gainfully Employed

If the childcare expense being claimed is to enable a family member to be gainfully employed, the

HABC ACOP: DRAFT 7-26-19 8-43

family must provide evidence of the family member’s employment during the time that childcare

is being provided. Gainful employment is any legal work activity (full- or part-time) for which a

family member is compensated.

Earned Income Limit on Child Care Expense Deduction

When a family member looks for work or furthers his or her education, the amount that may be

deducted for childcare will be based on Department of Social Services purchase of care rates.

However, when childcare enables a family member to work, the deduction is capped by the amount

of employment income that is included in annual income. The earned income used for this purpose

is the amount of earned income verified after any earned income disallowances or income

exclusions are applied.

When the person who is enabled to work is a person who receives the earned income disallowance

(EID) or a full-time student whose earned income above $480 is excluded, childcare costs related

to enabling a family member to work may not exceed the portion of the person’s earned income

that actually is included in annual income. For example, if a family member who qualifies for the

EID makes $15,000 but because of the EID only $5,000 is included in annual income, childcare

expenses are limited to $5,000.

When the childcare expense being claimed is to enable a family member to work, only one family

member’s income will be considered at a time.

Eligible Child Care Expenses

The type of care to be provided is determined by the resident family. HABC or the privately

owned/managed site will not refuse to give a family the childcare expense deduction because there

is an adult family member in the household that may be available to provide childcare.

Allowable Child Care Activities

For school-age children, costs attributable to public or private school activities during standard

school hours are not considered. Expenses incurred for supervised activities after school or during

school holidays (i.e., summer day camp, after-school sports league) are allowable forms of

childcare.

The costs of general housekeeping and personal services are not eligible. Likewise, childcare

expenses paid to a family member who lives in the family’s apartment are not eligible; however,

payments for childcare to relatives who do not live in the apartment are eligible.

Necessary and Reasonable Costs

Childcare expenses will be considered necessary if: (1) a family adequately explains how the care

enables a family member to work, actively seek employment, or further his or her education, and

(2) the family certifies, and the childcare provider verifies, that the expenses are not paid or

reimbursed by any other source. Childcare expenses will be considered for the time required for

the eligible activity plus reasonable transportation time.

To establish the reasonableness of childcare costs, HABC or the privately owned/managed site

will use the schedule of childcare costs from the Department of Social Services. Families may

HABC ACOP: DRAFT 7-26-19 8-44

present, and HABC will consider, justification for costs that exceed typical costs in the area.

HABC ACOP: DRAFT 7-26-19 9-1

CHAPTER 9: CALCULATING TOTAL TENANT PAYMENT & RENT

9.1 INTR

DUCTI

The accurate calculation of annual income and adjusted income will ensure that families are

paying the correct amount of rent pursuant to applicable regulations and the MTW Plan. This

chapter defines the allowable deductions from annual income and how the presence or absence of

household members may affect the total tenant payment (TTP) and resident rent.

9.2 TOTAL TENANT PAYMENT FORMULA (TTP) FOR INCOME BASED RENT

TTP is the highest of the following amounts:

• 30 percent of the family’s monthly adjusted income

• 10 percent of the family’s monthly gross income

• The minimum rent

• Welfare rent (does not apply at HABC)

9.3 TOTAL TENANT PAYMENT FOR OVER-INCOME FAMILIES

The monthly rent for a family whose adjusted income exceeds 120% of the area median income

for two consecutive years will be set by HUD in forthcoming guidance; however, where residents

reside in units financed with Low Income Housing Tax Credits, rent generally will not exceed the

applicable maximum rent as required under Low Income Housing Tax Credit regulations. See

policies on OVER-INCOME FAMILIES.

9.4 MINIMUM RENT

HABC and/or the privately managed sites may establish a minimum rent. HABC has a

minimum rent of zero. There are privately owned sites that have an approved minimum rent

that exceeds zero. Where a minimum rent is established, residents will be required to pay at least

the amount established as the minimum rent. HABC and the privately managed sites may grant an

exemption due to financial hardship as defined in section 9.8 of this chapter.

9.5 FLAT RENTS

Flat rent is designed to encourage self-sufficiency and to avoid creating disincentives for continued

residency by families who are attempting to become economically self-sufficient. Change in

family income, expenses, or composition do not affect the flat rent amount because it is outside

the income-based formula.

HABC ACOP: DRAFT 7-26-19 9-2

HABC and the privately owned/managed sites that have public housing units shall provide each

family residing in a public housing unit that is eligible for a flat rent, during the regular

reexamination or when adding an adult who was not a member of the original households described

in Section 14.19. the choice to pay:

• Income based rent; or

• HABC-established flat rent.

HABC and the privately owned/managed sites that have public housing units will provide

sufficient information to families to make an informed choice, including the policy on

changing from flat rent to income-based rent due to financial hardship and the dollar amount

of the rent under each option. Policies related to reexamination of families paying flat rent are

contained in the Chapter 13 (Reexaminations and Continued Occupancy).

9.5.1 Establishing Flat Rents

For each public housing unit, HABC will set the flat rent amount at no less than eighty percent

(80%) of the applicable HUD Fair Market Rent (FMR) adjusted, if necessary, to account for

reasonable utility costs.

9.5.2 Review of Flat Rents

Every three years, beginning 2022, effective for reexams with effective dates of January 1

of that

year and thereafter, HABC will revise flat rents as necessary based on the rent reasonableness

analysis and changes to the FMR.

HABC will offer changes to the flat rent to all new admissions and to existing families at the next

regular reexamination.

If HABC determines that reasonable rents would be less than 60 percent of the applicable FMR,

HABC will conduct a rent reasonableness study once every three years.

9.5.3 Posting of Flat Rents

HABC will publicly post the schedule of flat rents in HABC’s central office and in each of the

development management offices and the privately owned/managed sites that have public housing

units will publicly post the schedule of the flat rents in their management offices.

9.5.4 Documentation of Flat Rents

HABC will maintain records that document the method used to determine flat rents, and that show

how flat rents were determined by HABC in accordance with this method.

HABC ACOP: DRAFT 7-26-19 9-3

9.5.5 Phasing In Flat Rents Increases

For families whose flat rent is being phased-in, HABC will conduct a flat rent impact analysis to

determine the percentage increase in the family's rent amount at each regular reexamination. If the

increase is greater than 35 percent, HABC will phase in the rent increase at the maximum amount

annually over a three-year period so that it does not exceed 35 percent in any year until the flat

rent is fully phased in. If the increase is 35 percent or less, there will be no phase-in.

9.5.6 Changing from Flat Rent to Income-Based Rent Due to Hardship

A family can opt to change from flat rent to income-based rent if they are unable to pay the flat

rent due to financial hardship. All hardship situations will be verified.

Upon determination by HABC or a privately owned/managed site that a financial hardship exists,

HABC or the privately owned/managed site will allow a family to change from flat rent to income-

based rent effective the first of the month following the family’s approved request.

If a family changes from flat rent to an income-based rent due to a financial hardship, the family

will not be offered the option to change back to flat rent until the next regular reexamination.

Reasons for financial hardship include:

• The family has experienced a decrease in income that will last at least 120 days because of

changed circumstances, including loss or reduction of employment, death in the family, or

reduction in or loss of earnings or other assistance that would affect the rent calculation.

• The family has experienced an increase in expenses, because of changed circumstances,

for medical costs, childcare, transportation, education, or similar items that would affect

the rent calculation; or

• Such other situations determined by HABC or the privately owned/managed site as

appropriate because they would affect the rent calculation.

9.5.7 Flat Rent and Transfers

When a family has chosen to pay a flat rent and is being transferred to a unit that has a higher or

lower flat rent amount, the family will be given a choice to select a rent option.

9.5.8 Flat Rents and Earned Income Disallowance (EID)

Because the EID is a function of income-based rents, a family paying flat rent cannot qualify for

the EID even if a family member experiences an event that would qualify the family for the EID.

HABC ACOP: DRAFT 7-26-19 9-4

If the family later chooses to pay income-based rent, they will only qualify for the EID if a new

qualifying event occurred. A family currently paying flat rent that previously qualified for the EID

while paying income-based rent and is currently within the family’s 24-month period would have

the 24 cumulative months of full (100 percent) exclusion continue while paying flat rent if the

employment that is the subject of the exclusion continues, and the 24 -month lifetime limit would

continue uninterrupted. A family paying flat rent could therefore see a family member’s 24-month

lifetime limit expires while the family is paying flat rent.

9.5.9 Prorated Assistance for Mixed Families

A "mixed" family is one that includes at least one U.S. citizen or eligible immigrant and any

number of ineligible members. Proration of assistance will be offered to any "mixed" applicant

or participant family.

In calculating public housing rents for mixed families, HABC will use the established flat rent

applicable to the units.

HABC will complete the following steps when calculating rent for mixed families:

• Step 1. Determine the total tenant payment in accordance with 24 CFR §5.628. (Annual

income includes income of all family members, including any family member who has

not established eligible immigration status.)

• Step 2. Family maximum rent is equal to the applicable flat rent for the unit size to

be occupied by the family.

• Step 3. Subtract the total tenant payment from the family maximum rent. The result is the

maximum subsidy for which the family could qualify if all members were eligible (“family

maximum subsidy”).

• Step 4. Divide the family maximum subsidy by the number of persons in the family (all

persons) to determine the maximum subsidy per each family member who has citizenship

or eligible immigration status (“eligible family member”). The subsidy per eligible family

member is the “member maximum subsidy.”

• Step 5. Multiply the member maximum subsidy by the number of family members who have

citizenship or eligible immigration status (“eligible family members”). The product of this

calculation is the “eligible subsidy.”

• Step 6. The mixed family TTP is the maximum rent minus the amount of the eligible subsidy.

• Step 7. Subtract any applicable utility allowance from the mixed family TTP. The result

of this calculation is the mixed family tenant rent.

When the mixed family’s TTP is greater than the maximum rent, HABC will use the TTP as the

mixed family TTP. This method of prorating assistance applies to new admissions and regular

HABC ACOP: DRAFT 7-26-19 9-5

reexaminations after the effective date of the regulation.

The following tables provide examples of mixed family rent calculation

Example 1: Family of 4 with an annual income of $20,000, and one family member that is

not eligible to receive subsidy. The flat rent is $600. The applicable utility allowance is $100

per month.

Steps

Mixed Family Rent

Calculation

(Example)

Step 1: Determination of TTP

$500

Step 2: Determination of

Maximum Rent

Applicable flat rent

Step 3: Determination of Family

Maximum Subsidy

$600 – $500 = $100

Step 4: Determination of

Member Maximum Subsidy

$100 \ 4 = $25

Step 5: Determination of Eligible

Subsidy

3 * $25 = $75

Step 6: Determination of Mixed-

Family TTP

$600 – $75 = $525

Step 7: Determination of Mixed-

Family Rent

$525 – $100 = $425

Example 2: Family of 4 with an annual income of $20,000 and one family member that is

not eligible to receive subsidy. The flat rent is $480. The applicable utility allowance is

$100 per month.

Steps

Mixed Family Rent

Calculation

(Example)

Step 1: Determination of TTP

$500

Step 2: Determination of

Maximum Rent

Applicable flat rent

Step 3: Determination of Family

Maximum Subsidy

$480 – $500 = ($20)

HABC ACOP: DRAFT 7-26-19 9-6

Step 4: Determination of

($20) / 4 = ($5)

9.6 MAXIMUM RENT AT PRIVATELY OWNED/MANAGED SITES

Privately owned/managed sites may have maximum rents that are lower than the flat rents. When

the maximum rent is lower than the flat rent, the resident will be given the choice between the

income-based rent and the maximum rent for the unit instead of the flat rent.

9.7 FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT

The financial hardship rules described below apply to sites that have established a minimum rent.

Sites that have established a minimum rent will grant an exemption from the minimum rent if a

family can document that they are unable to pay the minimum rent because of a long-term

hardship, which is a hardship that will last more than 90 days. If a family’s TTP is higher than the

minimum rent, the family is not eligible for a hardship exemption.

Sites that have established a minimum rent will notify all families at time of lease-up of their right

to request a minimum rent hardship exemption. Such notification will advise the family that the

determination regarding a financial hardship exemption is subject to the grievance policy and

procedures in effect at the site.

Sites that have established a minimum rent will review all resident requests for exemption from

the minimum rent due to financial hardships.

Situations under which residents would qualify for the minimum rent hardship exemption are

limited to the following:

• The family has lost eligibility for or is applying for an eligibility determination for a

Federal, State, or local assistance program. This includes a family member who is a non-

citizen lawfully admitted for permanent residence under the Immigration and Nationality

Act who would be entitled to public benefits but for Title IV of the Personal Responsibility

and Work Opportunity Act of 1996.

• The family would be evicted as a result of the imposition of the minimum rent

requirements.

• The income of the family has decreased because of changed circumstances, including loss

of employment.

HABC ACOP: DRAFT 7-26-19 9-7

• A death in the family that affects the rent calculation has occurred. To qualify under this

provision, a family must describe how the death has created a financial hardship (i.e.,

because of funeral-related expenses or the loss of the family member’s income).

To qualify for a minimum rent hardship exemption, a family must submit a request for a hardship

exemption in writing. The request must explain the nature of the hardship and how the hardship

has affected the family’s ability to pay the minimum rent.

9.7.1 Determination of Rent Hardship Exemption

When a family requests a minimum rent hardship exemption, sites that have established a

minimum rent will suspend the minimum rent requirement beginning the first of the month

following the family’s request. Such sites will then determine whether the financial hardship exists

and whether the hardship is temporary or long-term.

HABC defines temporary hardship as a hardship expected to last 90 days or less. Long term

hardship is defined as a hardship expected to last more than 90 days.

9.7.2 No Financial Hardship

If a site that has established a minimum rent determines there is no minimum rent financial

hardship, the site will reinstate the minimum rent and require the family to repay the amounts

suspended.

The site will require the family to repay the suspended amount within 30 calendar days of the site’s

notice that a hardship exemption has not been granted.

9.7.3 Temporary Hardship

If a site that has established a minimum rent determines that a qualifying minimum rent financial

hardship is temporary, the site will not impose the minimum rent during the 90-day suspension

period. At the end of the 90-day suspension period, the site will reinstate the minimum rent from

the beginning of the first of the month following the date of the family’s request for a hardship

exemption.

The family must resume payment of the minimum rent and must repay the site the amounts

suspended in accordance with the site’s repayment agreement policy.

9.7.4 Long-Term Hardship

If a site that has established a minimum rent determines that the minimum rent financial hardship

is long-term, the site will exempt the family from the minimum rent requirement for so long as the

HABC ACOP: DRAFT 7-26-19 9-8

hardship continues. The minimum rent hardship exemption will apply from the first of the month

following the family’s request until the end of the qualifying hardship. When the minimum rent

financial hardship has been determined to be long-term, the family is not required to repay the

minimum rent. Families approved for the exemption from minimum rent are required to re-verify

the financial hardship every 120 days.

The minimum rent hardship period ends when the family’s calculated TTP is greater than the

minimum rent.

For minimum rent hardship conditions based on loss of income, the minimum rent hardship

condition will continue to be recognized until new sources of income are received to enable the

family to pay at least the minimum rent.

• For hardship conditions based upon hardship-related expenses, the minimum rent exemption

will continue to be recognized until the cumulative amount exempted is equal to the expense

incurred.

When the minimum rent is suspended, the resident rent reverts to the highest of the remaining

components of the calculated TTP.

9.8 UTILITY ALLOWANCES

This section addresses utility allowances for families who pay utilities directly to the utility

company and who live in units with utilities furnished by HABC or a privately owned/managed

site, and excessive consumption charges. The utility allowances established by HABC apply to the

privately owned/managed sites.

Utility allowances (UAs) are provided to families paying income-based rents when the cost of

utilities is not included in the rent. When determining a family’s income-based rent, HABC will

use the utility allowance applicable to the type of dwelling unit leased by the family.

9.8.1 Establishing the Utility Allowances

HABC will establish allowances for HABC-furnished utilities for all individually metered utilities

and for all utilities purchased directly by residents from a utility supplier. HABC charges for excess

consumption of HABC-furnished utilities where sub-metering is in place for individual units.

HABC will maintain a record that documents the basis on which utility allowances are established

and revised, and the record will be made available for inspection by residents.

HABC will establish separate allowances for each utility. The objective of HABC in establishing

utility allowances for each dwelling unit category and unit size is to approximate a reasonable

consumption of utilities by an energy-conservative household of modest circumstances consistent

with the requirements of a safe, sanitary, and healthful living environment. Utilities may include

HABC ACOP: DRAFT 7-26-19 9-9

gas, electricity, fuel for heating, water, sewerage, and solid waste disposal for a dwelling unit.

Costs for telephone, cable/satellite TV, and internet services are not considered utilities. Utility

allowances are established in accordance with HUD regulations and guidelines.

9.8.2 Utility Allowance Revisions

HABC will review its schedule of utility allowances each year. Between annual reviews, HABC

will revise the utility allowance schedule if there is a rate change that by itself or together with

prior rate changes not adjusted for, results in a change of 10 percent or more from the rates on

which such allowances were based. Adjustments to resident payments because of such changes

shall be retroactive to the first day of the month following the month in which the last rate change

considered in such revision became effective. Such rate changes shall not be subject to the 60-day

notice requirement.

Unless HABC is required to revise utility allowances retroactively, revised utility allowances will

be applied to a family’s rent calculations at the next reexamination after the allowance is adopted.

9.8.3 Surcharges For HABC-Furnished Utilities

For dwelling units subject to allowances for HABC-furnished utilities where individual meters

have been installed, HABC charges for utility consumption in excess of the allowances. The excess

consumption is computed on a straight per unit of purchase basis and is based on HABC’s average

utility rate. The basis for calculating the excess utility consumption charges is described in

HABC’s schedule of allowances. Changes in the amount of excess consumption charges based

directly on changes in the HABC’s average utility rate are not subject to the advance notice

requirements.

For dwelling units served by HABC-furnished utilities where individual meters have not been

installed, HABC may establish schedules of surcharges indicating additional dollar amounts

residents will be required to pay by reason of estimated utility consumption attributable to resident-

owned major appliances. The surcharge schedule will state the resident-owned equipment for

which surcharges will be made and the amounts of such charges. Surcharges will be based on the

cost to HABC of the utility consumption estimated to be attributable to reasonable usage of such

equipment.

9.8.4 Notice Requirements – Utilities

HABC and the privately owned/managed sites will give notice to all residents of proposed

allowances and scheduled surcharges, and revisions thereof. The notice will:

• Be provided at least sixty (60) days before the proposed effective date of the allowances,

scheduled surcharges, or revisions.

HABC ACOP: DRAFT 7-26-19 9-10

• Notify residents of the place where HABC’s documentation on which allowances and

surcharges are based is available for inspection; and

• Provide all residents an opportunity to submit written comments during a period expiring

not less than thirty (30) days before the proposed effective date of the allowances,

scheduled surcharges, or revisions.

9.8.5 Utility Allowance Reasonable Accommodation

On request from a family, HABC may approve a utility allowance that is higher than the applicable

amount for the dwelling unit if a higher utility allowance is needed as a reasonable accommodation

because a family member with a disability uses equipment, which requires electricity to operate,

to address the disability need.

9.8.6 Resident–Paid Utilities

HABC will establish the utility allowance for sites with resident paid utilities for the unit, which

may be modified in accordance with applicable law and regulations.

The resident’s TTP will be reduced by the amount of the utility allowance, which HABC will

provide to the resident.

If the resident’s actual utility bill(s) exceeds the utility allowance, the resident must pay the full

amount of the bill to the utility supplier.

If the resident pays a flat rent, the resident is not entitled to a utility reimbursement because the

utility allowances are factored into the schedule of flat rents.

By signing a third-party notification agreement at application for the utility service, the resident

authorizes HABC or the privately managed sites, whichever is applicable, to be notified by

the utility provider if the resident fails to pay the utility bill. Failure of the resident to maintain

utility service is grounds for termination under the lease.

Applicants cannot be admitted, and residents cannot be transferred to a development with

resident-paid utilities unless they can obtain utility service. The following requirements apply

to residents living in developments with resident-paid utilities or applicants being admitted to

such developments:

• If a resident or applicant is unable to get utilities connected because of a previous

balance owed to the utility company, the resident/applicant will not be permitted to move

into a unit with resident-paid utilities. As a result, a current resident will not be permitted

to transfer to scattered site units or privately managed sites with resident paid utilities

and an applicant will not be admitted to a unit with resident-paid utilities.

HABC ACOP: DRAFT 7-26-19 9-11

• When a resident is responsible for payment of utilities, payment of the utility bills is the

resident's obligation under the lease. Failure to maintain utilities is grounds for eviction.

• If the unit is serviced by an individual meter, the resident is responsible for establishing

an account directly with the utility provider and paying for those individually metered

utilities.

9.8.7 Utility Reimbursement

If the resident’s rent is less than the utility allowance, HABC or the privately managed site will

pay a monthly utility reimbursement, equal to the difference between one month's total tenant

payment and one month’s utility allowance, either to the resident or, with the resident’s consent,

directly to the utility provider on the resident’s behalf, if the resident is paying an income-based

rent.

HABC ACOP: DRAFT 7-26-19 10-1

CHAPTER 10: TRANSFER

LICY

10.1 INTRODUCTION

HABC permits residents to transfer within or between housing sites for the reasons set forth in

this policy. The transfer policy will be carried out in a manner that does not violate fair housing

laws.

For purposes of this transfer policy the "losing development" refers to the development/unit from

which the family is moving and the "receiving development" refers to the development/unit to

which the family is transferring. Losing and receiving developments include privately

owned/managed sites with RAD units, LTA units and units with public housing subsidy.

10.2 GENERAL STATEMENT

HABC’s policy provides for resident transfers, within and/or between HABC public housing sites

and the privately owned/managed sites that are RAD sites or have LTA units or public housing

units for the following reasons:

• To abate dangerous and/or substandard conditions within the unit that cannot otherwise

be addressed.

• Because the resident is an intimidated crime victim and/or an intimidated crime witness

as defined in this chapter.

• Because the resident is a crime victim as defined under the Violence Against Women Act,

as amended.

• Because the resident has an approved reasonable accommodation transfer request to

address a disability.

• To accommodate resident families that are determined to be over- or under-housed

because of their family size or composition.

• Because the resident is living in a unit that has been certified as meeting the Uniform

Federal Accessibility Standards (UFAS) for wheelchair accessibility or as near UFAS

compliant and no one in the household needs the accessibility features in the unit.

• To permit rehabilitation of the resident’s unit.

• Because the unit is scheduled for disposition and/or demolition.

• To offer standard alternative accommodations when repairs to the unit cannot be made

within a reasonable time.

HABC ACOP: DRAFT 7-26-19 10-2

• Because the resident is living in a Low-Income Housing Tax Credit unit and no longer

meets the income eligibility requirements for the unit;

• Pursuant to a memorandum of understanding between the resident and HABC.

10.3 ELIGIBILITY FOR TRANSFER

To be determined eligible for a transfer initiated by residents, residents must submit the required

documentation to HABC to substantiate their requests and must be in good standing with HABC

at the time of transfer. When a resident who is not in good standing has been approved for a

transfer due to an emergency, immediate need, reasonable accommodation, demolition,

disposition, or because the resident is in an accessible unit and no one in the household needs the

features of the unit, HABC may require the resident to enter a memorandum of understanding

before allowing the resident to transfer.

A resident is not in good standing when:

• A resident is delinquent in rent.

• HABC has issued a Notice of Lease Termination and the outcome of the Notice of Lease

Termination is pending or the resident’s household is the subject of a pending lease

enforcement investigation.

• The resident has a poor rental history or a history of disturbances; or

• The resident, a member of the resident’s household or a guest of the resident has damaged

the unit.

• The household has engaged in criminal activity.

Residents will not be allowed to transfer when HABC has received judgment or been awarded

possession of the unit.

Low Income Housing Tax Credit (LIHTC) Sites

Residents may not be transferred to a LIHTC site unless they are income eligible.

Resident Paid Utilities

Residents may not be transferred to a development with resident-paid utilities unless he/she can

obtain utility service.

10.4 TRANSFERS PURSUANT TO AN HABC MEMORANDUM OF

UNDERSTANDING (MOU)

HABC ACOP: DRAFT 7-26-19 10-3

HABC may approve a transfer pursuant to an MOU entered into between the resident and HABC

to resolve a lease termination or other similar issue

10.5 TYPES OF TRANSFERS

The following are the types of transfers allowed under HABC’s transfer policy:

• Emergency to Address Health, Safety, and Habitability Issues

• Emergency Under the Violence Against Women Act (VAWA)

• Emergency to Address an Intimidated Crime Victim & Intimidated Crime Witness (IV/IW)

• Administrative

• Immediate Needs

• Reasonable Accommodation

• Demolition, Disposition, Revitalization or Rehabilitation

• Transfer from Accessible Units

• Severely Over/Under Housed Category

• Over/Under Housed Category 2

10.6 EMERGENCY TRANSFERS TO ADDRESS HEALTH, SAFETY, AND

HABITABILITY ISSUES

Emergency transfers to address health, safety, and habitability issues are made because the

resident's unit has become uninhabitable because of fire, flood, or other causes; or (b) one or more

properties adjacent to the resident’s unit is/are obsolete as to physical conditions and may pose a

threat to the safety of the resident.

When the unit is uninhabitable, the resident will be required to relocate. Relocation of the resident

is not a waiver by HABC of its right to terminate the resident’s lease where it is determined that

the damage was caused by an intentional act, carelessness/or negligence on the part of the resident,

a member of the resident's household, guest or other person under the resident’s control.

10.7 EMERGENCY VAWA TRANSFERS

The following are conditions for which a resident may qualify for an Emergency VAWA transfer:

HABC ACOP: DRAFT 7-26-19 10-4

• A resident or an immediate family member is a crime victim of domestic violence, dating

violence, sexual assault, or stalking.

• The resident expressly requests the transfer, and the resident reasonably believes that harm

or further violence is imminent if the resident remains in the unit or if the sexual assault

occurred on the premises during the 90 day period preceding the request for transfer;

• The resident has complied with all other obligations of the public housing program; and

• Supporting documentation of the abuse is provided.

Residents receiving a VAWA-based Emergency Public Safety transfer may be referred to a

domestic violence crime victim services organization if a safe unit is not immediately available.

Consistent with HABC’s Emergency Transfer Plan, HABC may allow residents requesting

Emergency VAWA transfers to select up to three specific developments for transfer to protect the

resident’s safety and security. Where three development options are allowed, the applicable

developments covered under the CAMPBWL constitute one development selection. See

Appendix E: VAWA EMERGENCY TRANSFER PLAN.

10.8 EMERGENCY INTIMIDATED CRIME VICTIM/INTIMIDATED CRIME

WITNESS TRANSFERS

An Intimidated Crime Victim (“IV”) – Means a person subject to a credible threat of imminent

harm or threatened harm in connection with the person’s status as a victim of a criminal act that is

planned, threatened, attempted or completed, who is cooperating with law enforcement.”

An Intimidated Crime Witness (“IW”) – Means a person subject to a credible threat of imminent

harm or threatened harm in connection with the person’s status as a witness to a crime that is

planned, threatened, attempted or completed, who is cooperating with law enforcement.

The following are conditions for which a resident may qualify for an Emergency IV/IW transfer:

• The household needs to be relocated because of a household member’s participation in a

witness protection program or in order to avoid reprisal as a result of providing information

to a law enforcement agency.

• The household’s need to relocate has been verified by a local, State or Federal law

enforcement agency. The following are examples of the type of documentation required

for a family to be considered for this type of transfer: police reports, letter from law

enforcement agency describing the situation and the need for a transfer, or court records

such as a restraining order.

Consistent with HABC’s Emergency Transfer Plan, HABC may allow residents requesting

Emergency IV/IW transfers to select up to three specific developments for transfer to protect the

resident’s safety and security. Where three development options are allowed, the applicable

HABC ACOP: DRAFT 7-26-19 10-5

developments covered under the CAMPBWL constitute one development selection. See Appendix

E: VAWA EMERGENCY TRANSFER PLAN.

10.9 ADMINISTRATIVE TRANSFERS

An administrative transfer is a transfer that is initiated by HABC because HABC determines that

the transfer is in the best interest of the resident or HABC. HABC reserves the right to determine

the priority of the transfer. Full documentation for the transfer rationale must be placed in the

resident’s file. Administrative transfers require approval from the Executive Director or his/her

designee.

10.10 IMMEDIATE NEEDS TRANSFERS

The consent decree entered in Bailey v. HABC (JFM-02-CV-225) and United States of America

v. HABC (JFM-04-CV-3107) (the Bailey Consent Decree) provides for immediate needs transfers,

which receive priority over other reasonable accommodation transfer requests.

The Immediate Needs Plan, which is Attachment B to the Bailey Consent Decree, defines

“Immediate Need” as follows:

• An immediate need refers to a family (including a family of one) residing in public housing

that has a family member with a disability who: a) lacks access to a toilet; b) lacks access

to a shower or a bathtub that can be used by a person with a disability; c) lacks access to

the kitchen unless the person with the disability is a minor child under age 8 years; d) lacks

access to a bedroom; e) lacks access to a bedroom occupied by a minor child/children for

whom the person with a disability provides supervision or has child care responsibilities;

f) lacks the ability to enter or exit the unit without assistance; or g) is at a substantial health

risk, as verified by a healthcare professional, due to the conditions of the current unit.

The Immediate Needs Plan is to “remain in effect until HABC has completed the creation of the

total number of UFAS compliant accessible public housing units required under the” Bailey

Consent Decree. HABC may, in its sole discretion, continue the Immediate Needs Plan after the

total number of UFAS compliant accessible public housing units has been created.

Immediate Needs transfer requests are investigated by Immediate Needs teams in accordance with

the aforementioned Immediate Needs Plan. If the Immediate Needs team determines that the

resident has an Immediate Need, it will prepare, with input from the resident, an Immediate Needs

Plan. If the Immediate Needs Plan includes the option of a transfer to another unit and the family

selects that option, the family will be placed on the reasonable accommodation transfer waiting

list based on the date that the transfer request was made. Development selections will follow the

policies under Reasonable Accommodations Transfers.

10.11 REASONABLE ACCOMMODATION TRANSFERS

HABC approves reasonable accommodation (RA) transfer requests to a disability of the head of

HABC ACOP: DRAFT 7-26-19 10-6

household or a household member. Disability verification is required where the disability is not

obvious or when it is not clear how a transfer will address the disability.

RA transfers are divided into two groups:

• Transfers to UFAS or units on one level

• All other RA transfers

Residents requesting an RA transfer to a UFAS unit or unit on one level may NOT select specific

developments.

Residents requesting all other RA transfers may select up to three locations as transfer options.

Where three development options are allowed, the applicable developments covered under the

CAMPBWL constitute one development selection.

10.12 TRANSFERS DUE TO DEMOLITION, DISPOSITION, REVITALIZATION, OR

REHABILITATION

HABC will relocate a resident family with reasonable written notice when the unit or property in

which the resident family lives is being disposed of or demolished or is undergoing major

rehabilitation that requires the unit to be vacant.

Affected resident families will be placed on the transfer waiting list created pursuant to the HABC

approved relocation plan.

In cases of revitalization or rehabilitation, the HABC approved relocation plan may provide that

the family may be offered a temporary relocation and may be allowed to return to the family’s unit

once revitalization or rehabilitation is complete.

10.13 TRANSFERS FROM AN ACCESSIBLE UNIT

In the event an accessible unit/unit with accessible features is occupied by a family that does not

require those features, HABC or the privately managed site will initiate a transfer when a resident

with a disability or an applicant with a disability requiring the accessible unit/features is identified.

Families living in accessible units/units with accessible features who do not need the accessible

unit/accessible features: (1) will be given notice to move when a resident with a disability or

applicant with a disability who needs the features in the unit is identified; (2) will receive a 30-

calendar day notice to move after a unit of appropriate size/type is identified; and (3) will be

required to transfer. If the family refuses to transfer, HABC or the privately managed site will

terminate the lease.

HABC ACOP: DRAFT 7-26-19 10-7

10.14 SEVERELY OVER/UNDER-HOUSED CATEGORY

Severely Over/Under-Housed Category Transfers where the number of occupants listed on HABC

Dwelling Lease constitutes over/under-housed conditions according to HABC’s Occupancy

Standards by two (2) or more bedrooms.

10.15 OVER/UNDER-HOUSED CATEGORY

Over/Under-Housed Category Transfers are transfers where:

• The number of occupants listed on HABC Dwelling Lease constitutes over/under-

housed conditions according to HABC’s Occupancy Standards by one (1) bedroom.

10.16 FAMILY SPLITS

HABC may approve a request for a split family transfer to address:

• A reasonable accommodation.

• An emergency health, safety and/or habitability issue.

• An over/under housed family in the event no appropriate size unit is available in the

absence of a family split; or

• To address a VAWA situation.

The resident who splits from the original household must be otherwise eligible for occupancy of

a public housing unit and legally capable of executing a lease.

10.17 HABC INITIATED TRANSFERS

Transfers required by HABC are mandatory for the resident. Mandatory transfers are initiated by

HABC management with the forwarding of a Notice of Proposed Action to a resident. HABC may

proceed to terminate tenancy if a resident does not move based on a mandatory transfer. If the

family requests a grievance hearing within the required timeframe, HABC may not take action on

the transfer until the conclusion of the grievance process.

The following are HABC initiated transfers:

• Emergency to Address Health, Safety, and Habitability Issues

• Demolition, Disposition, Revitalization or Rehabilitation

• Transfer from an Accessible Unit

• Severely Over/Under Housed Transfers

HABC ACOP: DRAFT 7-26-19 10-8

• Over/Under Housed Category 2 Transfers

• Transfer Pursuant to an MOU

• Family Splits to address Health, Safety, and Habitability Issues; to Address a VAWA

Situation or to Address a Severely Over/Under-housed Situation

• Administrative

10.18 RESIDENT-INITIATED TRANSFERS

Resident-initiated transfers are transfers that commence with a written transfer request submitted

to HABC by the resident and are approved by HABC. Resident reasonable accommodation

requests to transfer to address a disability may be made orally. The resident’s oral request shall be

memorialized in writing by the resident or on behalf of the resident by representative of the resident

or by HABC staff.

The following are resident-initiated transfers:

• Immediate Needs

• Reasonable Accommodation

• Emergency VAWA

• Emergency IV/IW

Families must document circumstances that serve as the basis for the transfer request in a form

acceptable to HABC.

HABC will verify the need for the transfer and determine eligibility for the requested transfer.

HABC will respond either by approving the transfer and putting the family on the appropriate

transfer waiting list, by denying the transfer, or by requiring more information or documentation

from the family.

If the family is not approved for the transfer, HABC will provide a denial letter to the family that

will include information on the family’s right to request a grievance. The letter denying a

reasonable accommodation transfer request will identify Fair Housing agencies that the resident

may contact.

10.19 TRANSFER WAITING LISTS

Centralized transfer waiting lists are administered by the Office of Admissions and Leasing to

HABC ACOP: DRAFT 7-26-19 10-9

ensure that transfers are processed in the correct order and that procedures are uniform across all

properties. Housing Operations staff submits requests for transfers, including necessary

documentation, to the Office of Admissions and Leasing. The Office of Admissions and Leasing

staff places residents approved for transfers on the appropriate waiting list based on the date the

request was made for resident-initiated transfer requests and the date of the transfer application for

HABC-initiated transfers. Within each transfer category, selection will be determined by the date

and time of the resident-initiated transfer request or the date of the HABC-initiated transfer

application, which ever applies, and required unit type.

HABC may, at the time a resident reaches the top of the transfer waiting list, re-determine the

resident’s transfer needs prior to making any unit offer.

Residents on the Emergency to Address Health, Safety, and Habitability Issues; Emergency

VAWA; Emergency IV/IW; Immediate Needs; Demolition, Disposition, Revitalization, or

Rehabilitation, Transfers from an Accessible Unit; Reasonable Accommodation and Severely

Over/Under-housed transfer waiting lists will be offered units that become available before the

units are offered to applicants on the public housing waiting list. For over/under housed transfers,

on an annual basis, HABC will review its current occupancy goals and objectives and, based on

that review, establish a ratio of new admissions to transfers.

Transfers will be processed in the following order based on the date/time of application within

each category, subject to the requirements of Section 10.9, Administrative Transfers and Section

10.12, Demolition, Disposition, Revitalization, or Rehabilitation:

1. Emergency to address health, safety, and habitability issues

2. Emergency VAWA

3. Emergency IV/IW

4. Immediate Needs

5. Reasonable accommodation

6. Transfers from accessible units

7. Severely over-housed

8. Severely under-housed. HABC will house one severely under-housed current resident for

every 3 applicants housed at the affected AMP

9. When the list of severely over/under-housed current residents is exhausted, HABC will

house one over/under-housed current resident for every 4 applicants housed at the affected

AMP

HABC ACOP: DRAFT 7-26-19 10-10

HABC may, at its sole discretion, transfer a resident family without regard to its position on the

transfer list in order to address a family in crisis or to address a legal directive. The transfer must

be approved by two executive staff and full documentation that supports, and provides the reasons

for, the transfer rationale must be placed in the resident’s file.

10.20 MOVING COSTS

HABC will pay for reasonable moving costs related to the transfer types outlined below. Moving

costs must be pre-approved by HABC.

• Emergency to address health, safety, and habitability issues

• Demolition, Disposition, Revitalization or Rehabilitation

• Reasonable Accommodation and Immediate Needs

• Transfers from accessible units

For all other transfers, the resident will pay all moving and other costs related to the transfer.

10.21 SECURITY DEPOSITS

Residents transferring from one HABC development to another HABC development will not be

required to pay a new security deposit. Rather, the security deposit paid at the losing development

will be transferred to the resident’s account at the receiving development. If the resident has not

paid all or part of the security deposit to the losing development, the resident will be required to

pay the entire security deposit to the receiving development before being allowed to transfer.

Residents transferring between a privately owned or managed site and an HABC development

will be reimbursed the security deposit paid to losing development and required to pay a new

security deposit to the receiving development.

10.22 PROCESSING TRANSFERS

The Housing Managers at the losing and receiving developments will reach an agreement on the

date the lease for the unit in the losing development will end and the date the lease for the receiving

development will begin. They will also work cooperatively to complete the move and ensure that

the residents sign the required the pre-transfer and leasing documents. Residents transferring

between traditional public housing units will have three working days to return the keys to the

losing development. Residents transferring from private sites to traditional public housing must

return keys to the private site immediately.

HABC ACOP: DRAFT 7-26-19 10-11

10.23 UNIT OFFERS FOR TRANSFERS

When a suitable unit is available, HABC will offer the unit to the next family on the waiting list

per the transfer hierarchy. HABC has the right to offer the same unit to multiple residents at the

same time. If more than one resident accepts the unit, the unit will be leased to the resident who

accepts the unit before the expiration of the acceptance period and is on the highest priority waiting

list and has been on that waiting list for the longest period. Offers shall be made orally and in

writing.

Generally, if the resident rejects the offered unit, unless the rejection is for good cause: (1) in

resident-initiated transfers, the resident will be removed from the transfer waiting list; (2) in

HABC-initiated transfers, the resident will receive a lease termination notice.

Residents requesting RA transfers will be allowed to refuse three units, without good cause, before

being removed from the RA Transfer WL.

HABC may allow residents requesting Emergency IV/IW and VAWA transfers to select up to

three specific developments for transfer to protect the resident’s safety and security

If circumstances require immediate removal of the occupants in the unit, the resident will be

required to move to the first available appropriate size unit, which will be considered a temporary

move. If the unit from which the resident has been moved is made habitable, the resident may

have the option of returning to that unit or, if the unit cannot be made habitable, to another unit

in the same development. If the resident refuses to move, HABC will issue a lease termination

notice to the family.

The resident has the right to file a grievance in accordance with HABC’s Grievance Policy.

Removal from the transfer waiting list means the resident must reapply for a transfer.

10.24 RENT ADJUSTMENTS FOR TRANSFERRED RESIDENTS

Generally, a resident will pay the same rent at the receiving development as s/he paid at the losing

development. When a family is paying the flat rent at the losing development, the family will be

given a choice to pay income-based or the flat rent amount at the receiving development.

Residents who intend to transfer to a privately managed site may be screened by the site in

accordance with that site’s approved tenant selection plan. The screening may result in an increase

in the resident’s the rent payment.

HABC or the privately owned/managed site will notify the resident of the rent amount before the

transfer occurs. Any applicable rent changes will be effective the first of the month following the

month of the transfer.

10.25 RE-EXAMINATION DATE

Upon transfer to another unit, the head of household will sign a new lease that will be effective the

HABC ACOP: DRAFT 7-26-19 10-12

date of the transfer. However, the date of the new lease may affect the reexamination date.

The receiving development should be certain that the annual, biennial or triennial review,

whichever applies, is properly scheduled to give the staff time to re-determine rent in order to

meet the established reexamination date.

HABC ACOP: Draft Date 7-26-19 11-1

CHAPTER 11: LEASING

11.1 INTRODUCTION

All units must be occupied pursuant to a dwelling lease agreement between HABC and the resident

or, at the privately owned/managed sites, between the landlord and the resident. (See Appendix J

– Dwelling Lease). This chapter describes pre-leasing activities and HABC's policies pertaining

to lease execution, security deposits, other charges, and additions to the lease. This chapter also

describes HABC’s policies with respect to inspection of each dwelling unit prior to move-in, at

move-out, and during the period of occupancy.

11.2 LEASE TERM & RENEWAL

The initial term of the lease will be for 12 months. The lease will renew automatically for 12-

month terms unless the resident has violated the community service requirement as described in

the chapter on community service. An annual signing process is not required because the lease

automatically renews for terms of 12 months.

11.3 EXECUTION OF LEASE

The lease is incorporated into this policy by reference. The lease document will reflect current

HABC policies as well as applicable federal, state and local law. The privately owned/managed

sites may use a lease that is different from HABC’s lease but will also comply with applicable

federal, state and local law. The HABC lease, including attachments and rider(s) is attached as

Appendix J. The head of household is the person who signs the lease, assumes legal and financial

responsibility for the unit and is listed on the lease as the head of household.

The following provisions govern lease execution and amendments:

• A lease is executed at the time of admission for all new residents.

• A new lease is executed at the time of the transfer of a resident from one HABC unit

to another or between an HABC unit and a privately owned/managed unit.

• Lease signers must be persons legally eligible to execute contracts.

• The names and dates of birth of all household members are listed on the lease at initial

occupancy and on the HUD form 50058 at the time of re-examination. Only those persons

listed on the most recent HUD form 50058 shall be permitted to occupy the dwelling unit.

• Changes to resident rents are made upon the preparation and execution of a notice of rent

adjustment by HABC or the owner/manager of a privately owned/managed site, which

becomes an attachment to the lease. Documentation of a change to a resident’s rent will be

included in the resident file.

HABC ACOP: Draft Date 7-26-19 11-2

• Households that include a live-in aide must sign the form in which both the head of

household and the live-in aide acknowledge that the live-in aide is not a party to the lease.

11.4 MODIFICATIONS TO THE LEASE

HABC and the privately owned/managed sites may modify their forms of lease from time to time.

HABC and the privately owned/managed sites will provide residents with at least 30 calendar

days advance notice of the proposed changes to the lease and an opportunity to comment on the

changes. All comments will be considered before formally adopting changes to the lease.

After proposed changes have been approved by the Board of Commissioners and incorporated

into the HABC Lease or by a privately owned/managed site and incorporated into its lease, each

family will be notified at least 60 calendar days in advance of the effective date of the new lease

or lease revisions.

Schedules of special charges and rules and regulations are subject to modification or revision.

Because these schedules are incorporated into the lease by reference, residents and resident

organizations will be provided at least 30 calendars days’ written notice of the reason(s) for any

proposed modifications or revisions and must be given an opportunity to present written

comments. The notice will be delivered directly or mailed to each resident; or posted in at least

three conspicuous places within each structure or building in which the affected dwelling units are

located, as well as in a conspicuous place at the management office, if any, or if none, a similar

central business location within the development or site.

11.4.1 Changes in Family Composition

The lease will be modified to reflect all changes in family composition. Policies related to when

and how changes in family composition must be reported are set forth in the chapter on

Reexamination and Continued Occupancy.

A resident's refusal to accept permissible and reasonable lease modifications is grounds for

termination of tenancy.

11.5 TERMINATION OF THE LEASE

Termination of the resident's lease is to be in accordance with the provisions contained in the lease

agreement and as stated in this policy.

11.6 SECURITY DEPOSITS

“Security deposit” means any payment of money, including payment of the last month's rent in

HABC ACOP: Draft Date 7-26-19 11-3

advance of the time it is due, given to a landlord by a tenant in order to protect the landlord against

nonpayment of rent, damage due to breach of lease, or damage to the leased premises, common

areas, major appliances, and furnishings.

HABC and the privately owned/managed sites require new residents to pay a security deposit in

the amount of $50.00 or an amount not to exceed one month’s rent, whichever is lower. The family

may be allowed to pay the security deposit in installments, or the family may be required to pay

the security deposit in full prior to occupancy. Subject to applicable laws, the security deposit and

the interest earned on security deposits will be refunded to the resident unless used for any of the

costs listed below.

The amount of the security deposit required is specified in the lease. HABC and the privately

owned/managed sites will hold the security deposit for the period the resident occupies the unit.

HABC and the privately owned/managed sites will refund the security deposit (including interest

earned on the security deposit) less any amounts owed within 45 calendar days after move-out and

resident's notification of a new address. The security deposit will be used by HABC and the

privately owned/managed sites to pay the cost of:

• Unpaid rent;

• Damages listed on the Move-Out Inspection Report that exceed normal wear and tear;

• Other charges under the lease.

HABC or the privately owned/managed site will provide the resident, or the person designated by

the former resident in the event of the former resident's incapacitation or death, with a written list of

any charges against the security deposit. If the resident or his/her designee disagrees with the

amount charged to the security deposit, HABC or the privately owned/managed site will meet

with the former resident or his/her designee to discuss the charges.

The resident must leave the dwelling unit in a clean and undamaged (beyond normal wear and tear)

condition and must furnish a forwarding address to HABC or the privately owned/managed site.

All keys to the unit must be returned to the appropriate management office upon moving out of the

unit.

If the resident transfers to another unit in an HABC owned and managed property, HABC will

transfer the security deposit to the new unit. The resident will be billed for any maintenance costs

or other charges arising out of the resident’s tenancy in the unit from which he or she is

transferring. Residents transferring between a privately owned/managed site and an HABC

development will be reimbursed the security deposit paid to the losing development, minus any

maintenance costs or other charges arising out of the resident’s tenancy and required to pay a new

security deposit to the receiving development.

HABC ACOP: Draft Date 7-26-19 11-4

11.7 PET DEPOSIT

The policy on pet deposits is set forth in Chapter 12 (Pet Policy – Family Developments) and in

Appendix F: PET POLICY FOR FAMILY DEVELOPMENTS (HABC Pet Policy for Family

Developments).

11.8 LEASING ACCESSIBLE UNITS

The policy on leasing accessible units is set forth in the Chapter on Occupancy Guidelines, section

6.5.

11.9 LEASE ORIENTATION ON PROGRAM REQUIREMENTS

Before signing the lease, families will be required to attend a pre-occupancy training session.

When the family signs the lease, an HABC representative or a private manager, whichever is

applicable, will review the lease and the documents incorporated into the lease, including but not

limited to the documents listed below, with the head of household and co-head.

• A copy of the lease

• A copy of the grievance procedures

• A copy of the House Rules or community rules, if applicable

• A copy of the schedule of maintenance charges

• Information about the protections offered under the Violence Against Women Act of 2013

At both the pre-occupancy training session and at the lease signing, a number of topics will be

discussed that will include, but are not limited to, the topics listed below, before the family signs

the lease.

• Applicable deposits and other charges

• Provisions of the lease

• Family choice of rents

• Rent payment options

• Orientation to the community

• Unit maintenance and work orders

• Explanation of each of the forms to be signed by the family

• Excess utility consumption charges

HABC ACOP: Draft Date 7-26-19 11-5

• Terms of occupancy

• Community service requirements

• VAWA protections

11.10 RENT PAYMENTS

The resident rent is due and payable on the 1st of every month. If the rent payment is not received

by the date set forth in the lease, a delinquent rent notice will be sent.

11.11 FEES AND NON-PAYMENT PENALTIES

The requirements relating to fees and nonpayment penalties are set forth in the lease.

HABC or the privately owned/managed site shall assess and collect a fee of 5% of the monthly rent

if the resident does not pay the full amount of rent due by the end of the fifth day of the month.

Repeated late payment of rent and/or other charges is grounds for termination of the Lease. See

Chapter 14 (Lease Terminations).

Any rent payment received will be applied to the oldest rent charges in the resident's account.

A charge will be assessed against the resident for checks that are returned for insufficient funds or

checks written on a closed account. When HABC or a privately owned/managed site has been

informed that a resident’s check has been returned for insufficient funds, the resident will be notified,

and the rent is to be satisfied by the payment of the outstanding amount using HABC or privately

owned/managed site approved payment options immediately upon such notification to the resident.

HABC or the privately owned/managed site will always consider the rent unpaid when a check is

returned because of insufficient funds or a check is written on a closed account. If a

resident’s

check is

returned

twice for insufficient funds, HABC or the privately owned/managed site will no

longer accept a check from, or on behalf of, that resident.

If HABC or the privately owned/managed site has not agreed, in writing, to accept payment at a

later date, a “Failure to Pay Rent” complaint will be filed with the court. HABC or the privately

owned/managed site will note the cost of filing the “Failure to Pay” complaint in the resident’s

account and will seek an award of this cost in the “Failure to Pay” action upon judgment by the

court in favor of HABC or the privately owned/managed site.

11.12 POSTING SCHEDULES OF CHARGES AND UTILITY ALLOWANCES

Schedules of charges for services and repairs and the utility allowance schedule shall be publicly

posted in a conspicuous manner in the management office and will be provided to applicants and

residents upon request.

HABC ACOP: Draft Date 7-26-19 11-6

11.13 MAINTENANCE & DAMAGE CHARGES

In instances where HABC or the privately owned/managed site charges the resident for

maintenance and repair beyond normal wear and tear, the lease will state the basis for the

determination of such charges.

Charges for maintenance and repair beyond normal wear and tear are not due and collectible until

thirty calendar days after HABC or the privately owned/managed site gives written notice of the

charges. The written notice is considered an adverse action and will meet the requirements

governing a notice of adverse action. HABC and the privately owned/managed sites will not take

the proposed action until the time for the resident to request a grievance hearing has expired, or if

a hearing was requested within the required timeframe, the grievance process has been completed.

Nonpayment of maintenance and damage charges is a violation of the lease and is grounds for

eviction.

11.14 UTILITY PAYMENTS

Residents responsible for direct payment of utilities must abide by any and all regulations of

the specific utility company, including regulations pertaining to advance payments of deposits.

Failure to maintain utility services during tenancy is a lease violation and grounds for eviction.

Where applicable, charges for excess utility consumption will be due and collectible thirty

calendar days after HABC gives written notice of the charges. The written notice is considered

an adverse action and will meet the requirements governing a notice of adverse action.

Non-payment of excess utility consumption charges to HABC or the privately owned/managed

site is a violation of the lease and is

grounds for eviction.

11.15 PEST CONTROL ACTIVITIES

HABC or the privately owned/managed sites will require that residents comply with pest control

activities undertaken by the housing authority. Residents will be required to provide access to the

apartment when pest control treatments are scheduled. HABC or the privately owned/managed

sites will enter any apartment where pest control activities are scheduled and/or needed. Residents

are required to complete all pre-treatment activities in their apartments prior to the pest control

treatment, such as placing items in plastic bags and storing food items. Failure to allow access for

pest control and/or failure to prepare the apartment for pest control activities will result in lease

termination. Pest Control activities must be completed on all units in order for the treatments to

be effective. For this reason, this policy will be strictly enforced. Residents are required to abide

by the terms of the Bed Bug Lease Addendum. Resident negligence, resulting in infestation, is a

violation of the Lease and may result in Lease termination. HABC will provide at least forty-eight

HABC ACOP: Draft Date 7-26-19 11-7

(48) hour notice prior to the pest treatment.

HABC ACOP: Draft Date 7-26-19 12-1

CHAPTER 12:

INSPECTIONS

12.1 INSPECTIONS

HABC inspects each dwelling unit prior to move-in, at move-out, and annually during occupancy.

Additionally, HABC may require additional inspections, in accordance with HABC Policy.

12.2 MOVE-IN INSPECTIONS

HABC or the privately owned/managed site and the family will inspect the premises prior to

occupancy of the unit in order to

determine

the

condition

of the unit and

equipment

in the unit. A

copy of the initial

inspection,

signed by HABC or the privately owned/managed site and the family,

will be kept in the resident file.

The head of household or co-head must sign the inspection form.

12.3 VACATE INSPECTIONS

HABC or the privately owned/managed site will perform a move-out inspection when the resident

vacates the unit. The resident will be given notice of the right to participate in the move-out

inspection.

The purpose of this inspection is to determine necessary maintenance and whether there are

damages that exceed normal wear and tear. HABC or the privately owned/managed site will

determine if there are damages to the unit caused by the resident. Damages caused by the resident

may affect part or all of the resident’s security deposit.

The move-out inspection also assists HABC or the privately owned/managed site in determining

the time and extent of the preparation and repairs necessary to make the unit ready for the next

resident.

12.4 PREVENTIVE MAINTENANCE INSPECTIONS

HABC will inspect the unit at least one a year for the purpose of preventive maintenance (PM).

The PM inspection will also cover inspection of major systems, i.e. heating, air conditioning.

12.5 UNIFORM PHYSICAL CONDITION STANDARDS INSPECTIONS

HABC and the privately owned/managed sites will inspect all units and common areas annually

using HUD's Uniform Physical Condition Standards (UPCS) as a guideline.

HABC ACOP: Draft Date 7-26-19 12-2

12.6 QUALITY CONTROL (QC) INSPECTIONS

The purpose of the QC inspections is to ensure that repairs have been completed at an

acceptable level of craftsmanship and to determine resident satisfaction with the work performed.

HABC inspection staff will conduct QC inspections for an established percentage of units.

HABC QC Inspection staff will conduct inspections on all units at a site as part of a site audit.

12.7 UNIT INSPECTIONS

HABC and the privately owned/managed sites will conduct unit inspections of all units at least

annually. The purpose of these inspections is to determine the housekeeping and unit

conditions. Units that fail the unit inspections will be subject to follow-up inspections.

During the unit inspections, the Reasonable Accommodation Survey Tool – Short Form will be

completed with the resident to allow the resident to identify if any family member has a disability

and needs a reasonable accommodation to address that disability.

12.8 OTHER INSPECTIONS

HABC and privately owned/managed site staff will periodically conduct walk-through

inspections to determine whether there may be lease violations, adverse conditions, or local code

violations.

12.9 EMERGENCY INSPECTIONS

HABC and privately owned/managed site staff may conduct an emergency inspection if they

believe that an emergency exists in a unit or on the site. A work order must be generated after the

inspection has been conducted.

12.10 NOTICE OF ENTRY

HABC and the privately owned/managed sites will be allowed to inspect units at reasonable times

with reasonable notice.

If HABC is unable to enter the dwelling unit because a different lock has been installed in the

dwelling unit, HABC will install a new lock to gain entry to perform the necessary inspection,

maintenance, extermination treatment or repair. HABC will leave a written statement posted on

the dwelling unit notifying the resident to come to the management office of his/her development

to obtain the new keys. This information will be included in advance in the notice to resident

scheduling such inspection, maintenance, extermination treatment or repair.

HABC ACOP: Draft Date 7-26-19 12-3

12.10.1 Emergency Entries

HABC and the privately owned/managed sites may enter dwelling units at any time without

advance notice when there is reasonable cause to believe that an emergency exists. If no adult

household member is present at the time of an emergency entry, HABC and privately

owned/managed staff will leave a written statement showing the date, time and purpose of the

entry prior to leaving the dwelling unit.

12.10.2 Non-Emergency Entries

HABC and the privately owned/managed sites will provide families with written 48-hour notice

prior to entering the unit for non-emergency reasons.

Non-emergency reasons for entering a unit are:

• Maintenance and repairs- If a Resident requests repairs through the work order system of

HABC or the privately owned/managed sites, the Resident will be informed at the time of

the request that HABC or the privately owned/managed sites may enter the Resident’s unit

during normal business hours, without any further advance written notice to the resident,

for the sole purpose of making the requested repairs. Maintenance staff will knock and

announce their entry into the unit upon arrival to make the requested repairs.

HABC or the privately owned/managed sites will leave a summary of the actions taken during

the repair visit.

• Inspections

• To make improvements

An adult family member should be present in the unit during a non-emergency inspection. If no

one is in the unit, the staff person(s) will leave a written notice for the resident regarding the date

and time the non-emergency inspection was attempted.

If a resident needs to reschedule a non-emergency inspection, the resident must notify HABC or

the privately owned/managed site at least 48 hours prior to the re-scheduled inspection.

HABC or the privately owned/managed site will reschedule the non-emergency inspection no

more than twice unless the resident has a verifiable good cause reason for refusing entry. HABC

may request verification of such good cause. If the resident refuses to allow the inspection, the

resident will be in violation of the lease.

12.11 UNIT INSPECTION VIOLATIONS

If a unit fails, the unit inspection HABC or the privately owned/managed site will provide the

resident with a copy of the inspection report with required corrections. The resident will be

required to correct noted items. A follow-up inspection will be conducted within 30 calendar

HABC ACOP: Draft Date 7-26-19 12-4

days. HABC or the privately managed site may require the resident to participate in

housekeeping/unit maintenance counseling. The inspection report will indicate whether required

corrections are to be charged to the resident or covered by HABC or the privately

owned/managed site.

If the resident fails make required corrections identified on the inspection report, lease termination

may result.

12.12 RESIDENT DAMAGES

Repeated failed inspections or damages to the unit beyond normal wear and tear caused by the

resident, a member of the household or a guest of the resident may constitute serious or repeated

lease violations. HABC may charge the resident for the reasonable cost of repairs.

"Beyond normal wear and tear" is defined as items that could be charged against the resident's

security deposit under state law or repairs resulting from willful damage, neglect or negligence.

12.13 EMERGENCY REPAIRS

If the unit is damaged to the extent that conditions are created which are hazardous to the life,

health, or safety of the occupants, the resident must immediately notify HABC or the privately

owned/managed site, whichever is applicable, of the damage. Abatement of the emergency must

be completed within 24 hours from the time the work order is issued.

If HABC or the privately owned/managed site cannot make repairs within 24 hours, the resident

will be offered standard alternative accommodations. If HABC or the privately owned/managed

site can neither repair the defect within 24 hours nor offer alternative housing, rent shall be abated

in proportion to the seriousness of the damage and loss in value as a dwelling. Rent shall not be

abated if the damage was caused by a household member or guest, or if the resident rejects the

alternative accommodations.

The following items are to be considered emergency in nature and require immediate (less than 24

hour) response:

• Broken lock which affects unit security

• Broken window glass which affects unit security, is a cutting hazard, or occurs during

inclement weather (to be secured or abated)

• Plumbing leaks that can cause flooding or damage to the unit

• Natural gas leaks or smell of fumes

• Backed-up sewage

HABC ACOP: Draft Date 7-26-19 12-5

• Electrical hazard

• Units in which the temperature is below 68 degrees because of defective or broken heaters.

• Units with elderly residents or residents with disabilities in which HABC-owned air

conditioners are inoperable during the summer or in which the refrigerators are inoperable.

Inoperable smoke detectors will be treated as a 24-hour emergency and will be replaced or

made operable. Residents who disengage smoke detectors for convenience purposes are in

violation of their lease.

12.14 NON-EMERGENCY REPAIRS

If necessary to bring the unit into UPCS compliance, routine or needed repairs will be completed

by HABC or the privately owned/managed site. Non-emergency repairs will be completed by

HABC or the privately owned/managed site within 30 calendar days of the inspection date.

HABC ACOP: Draft Date 7-26-19 13-1

CHAPTER 13: PET POLICY

13.1 INTRODUCTION

HABC’s policy on pets in family developments is set forth in the Pet Policy for Family

Developments (the Pet Policy), attached as Appendix F: PET POLICY FOR FAMILY

DEVELOPMENTS. The Pet Policy is reasonably related to the legitimate interest of HABC in

providing a decent, safe and sanitary living environment for residents, providing standards aimed

at creating the best possible environment for both pet owners and non-pet owners, and promoting

responsible care of pets.

Privately owned sites may have different pet policies. The family developments converted under

RAD shall follow the pet policy set forth in the Long Term Affordable (LTA) Criteria.

Neither HABC’s Pet Policy nor the pet policies followed by the privately owned sites, or the RAD

Sites apply to animals that are used to assist, support or provide service to persons with disabilities,

or to service animals that visit public housing developments.

HABC ACOP: Draft Date 7-26-19 14-1

CHAPTER 14: REEXAMINATIONS & CONTINUED OCCUPANCY

14.1 INTRODUCTION

This Chapter summarizes the policy for conducting reexaminations. It also explains the interim

reporting requirements for families and the standards for timely reporting.

14.2 ELIGIBILITY FOR CONTINUED OCCUPANCY

Residents who meet the following criteria will be eligible for continued occupancy:

• Qualify as a family as defined in Chapter 4: Eligibility for Admission.

• Are in full compliance with the obligations and responsibilities described in the dwelling

lease.

• Whose family members, age 6 and older, each having submitted their social security

numbers or having provided a certification from the Social Security Administration

that a social security number has not been issued.

• Whose family members have submitted required citizenship/eligible immigration

status/non-citizens documents.

• Who are not over-income (as defined in this chapter) for the specified period of

time.

14.3 OVER-INCOME FAMILIES

Under the Housing Opportunity Through Modernization Act (HOTMA) of 2016, over-income is

defined as a family with adjusted income which exceeds 120% of area median income (AMI).

After a family’s adjusted income has exceeded 120% of AMI for two consecutive years, HABC

will charge the family a monthly rent which will be set by HUD in forthcoming guidance.

At a regular or interim reexamination, if a family’s adjusted income exceeds the applicable over-

income limit, HABC will document the family file and begin tracking the family’s over-income

status. A family which is over-income will be placed on an annual recertification frequency

beginning with the first regular or interim recertification in which the family exceed the over-

income limit.

If one year after the applicable regular or interim reexamination the family’s adjusted income

continues to exceed the applicable over-income limit, HABC will notify the family, in writing,

that their adjusted income has exceeded the over-income limit for one year, and that if the family

continues to be over-income for 12 consecutive months, the family will be subject to HABC’s

over-income rent policies.

If two years after the applicable annual or interim reexamination the family’s adjusted income

continues to exceed the applicable over-income limit, HABC will charge the family the alternate

HABC ACOP: Draft Date 7-26-19 14-2

rent set by HUD; however, where residents reside in units financed with Low Income Housing

Tax Credits, rent generally will not exceed the applicable maximum rent as required under Low

Income Housing Tax Credit regulations. HABC will notify the family in writing of their new rent

amount which will be effective 30 days after HABC’s written notice to the family.

If, at any time, an over-income family experiences a decrease in income, the family may request

an interim redetermination of rent in accordance with HABC policy. If, as a result, the previously

over-income family is now below the over-income limit, the family is no longer subject to over-

income provisions as of the effective date of the recertification. In such instances, HABC will

notify the family in writing that over-income policies no longer apply to them. If the family’s

adjusted income later exceeds the over-income limit again, the family will be entitled to a new

two-year grace period.

HABC will update the over income limits no later than 60 days after HUD publishes the new

income limits each year. See Appendix G: OVER-INCOME LIMITS for the applicable income

limit for the current year.

HABC will begin tracking over-income families once these policies have been adopted.

14.4 REEXAMINATION FREQUENCY

The frequency of reexaminations by HABC and the privately owned/managed sites is based on the

resident’s program participation, income source and whether the resident chooses income based

rent or flat rent. The following identifies the frequency of the re-examinations:

MTW Policy

• Except as set forth below, the re-examination of HABC residents will generally occur every

two-years.

• The re-examination of households where 100% of income is from fixed incomes sources

will occur every three years. Fixed income refers to social security income, supplemental

security income and/or pension income.

• Regular re-examination of households who elect the flat rent option will occur every three

years. Households who elect the flat rent option will be required to certify their household

composition annually.

• Regular re-examination of households who report zero or minimal income and households

at privately owned/managed properties will occur annually. Minimal income is defined as

$2,400 or less in annual gross household income.

• When and if an over-income family’s income decreases to the point where their income no

longer exceeds 120% of area median income, HABC will conduct a certification to review

the family income and determine the applicable recertification frequency for the family.

HABC ACOP: Draft Date 7-26-19 14-3

HABC may also schedule a regular reexamination for completion prior to the anniversary date for

administrative purposes.

At regularly scheduled reexaminations, residents will provide all certifications and forms in

accordance with HABC, HUD and tax credit requirements, as applicable.

The table below provides a summary of household types and reexamination frequency.

Table of Reexamination Frequency

Description

Frequency of Reexamination

Households on fixed incomes only

Triennial (MTW Policy)

Over-Income Households

Annual

Households who select the flat rent option

Annual flat rent updates

Triennial

Households who report zero income,

minimal income or temporary or sporadic

income only, child support only, State

Assistance (e.g., TANF) only

Annual

Households at privately owned/managed

properties

Annual

Households with an Earned Income

Disregard

Households on an EID will have

recertifications completed on a biennial

basis; however, if an EID period starts

outside of the effective date of the regular

recertification, HABC will conduct an

interim recertification at the start and end

of the 24-month exclusion period

All other households

Biennial (MTW Policy)

HABC reserves the right to create a different re-examination schedule.

When families move to a dwelling unit in another development, the receiving development will

prepare a new HUD form 50058 at the time of the family’s transfer. The receiving development

will complete a regular reexamination with an effective date that coincides with the new lease

effective date. The reexamination month may be made consistent with the reexamination schedule

at the new development but will not be more than 24 or 36 months from the last regular

reexamination. When families move to another dwelling unit within the same development, a new

HUD form 50058 must be prepared at the time of the family’s transfer.

14.5 REEXAMINATION NOTICE TO THE FAMILY

All families will be notified of their obligation to recertify by first class mail. Generally, HABC

sends the reexamination notification letter at least 120 days before the scheduled reexamination

effective date. HABC will provide families with at least 14 working days advance notice of the

first scheduled reexamination appointment.

HABC ACOP: Draft Date 7-26-19 14-4

14.6 PERSONS WITH DISABILITIES

HABC and the privately owned/managed sites will provide notices in an accessible format or

mail notices to a third party, if requested as a reasonable accommodation by a person with

disabilities.

Persons with disabilities who are unable to come to HABC's office or the offices of the privately

owned/managed site for the reexamination may make a reasonable accommodation to have the

interview conducted at the person's home, which shall be approved if it is verified that the person

has a disability that prevents him/her from going to the HABC office or the offices of the privately

owned/managed site.

Verification that the person has a disability or that the requested accommodation will address the

disability may be required if the disability is not obvious.

14.7 RESCHEDULED REEXAMINATION APPOINTMENTS

If the family is unable to attend the first scheduled interview, the family must contact HABC or

the privately owned/managed site at least 10 working days before the interview is scheduled to

occur to schedule a new appointment.

If the family does not appear for the reexamination interview and has not rescheduled the

interview with HABC or the privately owned/managed site, HABC or the privately owned/managed

site will schedule a second appointment. HABC will provide the family with 10 working days

advance notice of the rescheduled appointment. HABC will not reschedule a reexamination

appointment more than twice except as a reasonable accommodation.

Families must contact HABC if they are unable to attend the second scheduled appointment. If

the family fails to appear for the second appointment HABC or the privately owned/managed site

will issue a notice of lease termination.

Exceptions to these policies may be made by the HABC Asset Manager or the property manager at

the privately owned/managed site if the family provides documentation of a good cause reason

that prevented them from canceling or attending the appointment.

14.8 CONDUCTING REGULAR REEXAMINATIONS

The terms of the public housing lease and the privately owned/managed site leases require the

family to furnish information regarding income and family composition as may be necessary for

the redetermination of rent, eligibility, and the appropriateness of the housing unit. All adult

members of the household are required to sign consent/release forms necessary in the

recertification process.

HABC ACOP: Draft Date 7-26-19 14-5

Any required documents or information the family is unable to provide at the time of interview

must be provided within 5 working days from the date of the interview. If the family is unable to

obtain or supply the information within the required time frame, the family must request an

extension.

14.8.1 Requirements to Attend Reexamination Interview

All adult household members will be required to attend the reexamination interview and sign the

Personal Declaration and Continued Occupancy Declaration. If the head of household is unable to

attend the interview, the appointment will be cancelled.

14.8.2 Household Members Turning 18

Residents are not required to report when a family member turns 18 years of age between regular

recertifications. However, if a family member will be 18 years of age on or before the household’s

recertification effective date, they must attend the reexamination appointment.

14.9 COMMUNITY SERVICE

For families who include nonexempt individuals, HABC will determine compliance with

community service requirements. See the Chapter on Community Service.

All families will be notified of their obligation to recertify by first class mail. Generally,

HABC sends the reexamination notification letter at least 120 days before the scheduled

reexamination effective date.

14.10 PERSONS WITH DISABILITIES

HABC and the privately owned/managed sites will provide notices in an accessible format or

mail notices to a third party, if requested as a reasonable accommodation by a person with

disabilities.

Persons with disabilities who are unable to come to HABC's office or the offices of the privately

owned/managed site for the reexamination may make a reasonable accommodation to have the

interview conducted at the person's home, which shall be approved if it is verified that the person

has a disability that prevents him/her from going to the HABC office or the offices of the privately

owned/managed site.

Verification that the person has a disability or that the requested accommodation will address the

disability may be required if the disability is not obvious.

HABC ACOP: Draft Date 7-26-19 14-6

14.11 VERIFICATION OF INFORMATION

All information that affects the family's eligibility for continued occupancy and the family's total

tenant payment and rent will be verified in accordance with HABC or the privately

owned/managed site verification policies and procedures.

When the information has been verified, it will be analyzed to determine:

• The continued eligibility of the resident as a family or as the remaining member of a

family.

• The unit size required by the family.

• The amount of rent the family should pay.

14.12 EFFECTIVE DATES: CHANGES IN THE TENANT RENT AT REGULAR

REEXAMINATION

As part of the reexamination process, HABC will make appropriate adjustments in the rent after

consultation with the family and upon verification of the information.

14.12.1 Resident Rent Increases

If, because of a regularly scheduled reexamination, the resident rent increases, a 30-day notice

will be mailed to the family prior to the reexamination effective date.

If less than 30 calendar days are remaining before the effective date, the resident rent increase

will be effective on the first day of the month following the 30-day notice.

If there has been a misrepresentation or a material omission by the family, or if the family

delay in the reexamination processing, the increase in rent will be effective on the scheduled

effective date.

14.12.2 Resident Rent Decreases

If the family reports a change that results in a rent decrease within 30 calendar days of the

regular reexamination effective date, the change will be effective on the regular reexamination

effective date.

If a resident reports changes in circumstances that result in a rent decrease more than 30

calendar days prior to the next reexamination date, the change will be treated as an interim

reexamination effective on the first day of the following month that the family reported the

change. The regular reexamination effective date will not change as a result of this action.

HABC ACOP: Draft Date 7-26-19 14-7

If the family causes a delay so that the processing of the reexamination is not complete by the

regular reexamination effective date, any decrease in rent will be effective on the first day of the

month following completion of the reexamination processing by HABC or the privately

owned/managed site.

14.13 REEXAMINATIONS FOR FAMILIES PAYING FLAT RENTS

For a family that chooses the flat rent option, HABC or the privately owned/managed site will

conduct a reexamination of family composition at least annually and will conduct a reexamination

of family income at least once every three years.

Once a year, HABC or the privately owned/managed site will: (1) give each family the opportunity

to choose between the two methods for determining the amount of resident rent payable monthly

by the family; and (2) require each family to submit updated information about the household

composition. The family may choose to pay either a flat rent as determined in accordance with

HABC’s flat rent schedules, or an income-based rent. HABC and the privately owned/managed

sites will require families to submit their choice of flat or income-based rent in writing and will

maintain such requests in the resident file.

If the family choses a flat rent for the previous year, HABC or the privately owned/managed site

will provide the amount of income-based rent for only the year HABC or the privately

owned/managed site conducts an income reexamination or, during the intervening years, only if

the family specifically requests income recalculation and submits updated income information.

For further information on flat rent schedules and changes, see Chapter 8: Income and Adjusted

Income.

14.13.1 Flat Rent Annual Updates

In scheduling the annual update, HABC or the privately owned/managed site will follow the policy

used for scheduling the annual reexamination of families.

As flat rent updates will be determined annually, based on changes to fair market rents (FMR),

and resident rent updates will occur on the annual rent update anniversary, there may be times that

residents on flat rent are paying more or less than 80% of the FMR, depending on the change to

the FMR. Flat rent increases will be limited so that no family on flat rent will have an increase in

excess of 35 % of the family’s existing rent amount due to the increase in FMR.

If the family has chosen flat rent, his/her rent shall be adjusted at the next annual flat rent update

or regular reexamination rather than at the point the flat rent may change. At the time of the annual

flat rent update or regular reexamination, the family will be given the choice of changing to

income-based rent or of remaining on flat rent at the current (most recently adjusted) flat rent for

the family’s unit.

HABC ACOP: Draft Date 7-26-19 14-8

14.14 INTERIM REEXAMINATIONS

Family circumstances may change between annual reexaminations. HABC policies and the polices

of the privately owned/managed sites define the types of information about changes in family

circumstances that must be reported, and under what circumstances HABC or the privately

owned/managed site will process interim reexaminations to reflect those changes. HUD

regulations also permit HABC and the privately owned/managed sites to conduct interim

reexaminations of income or family composition at any time.

The regular reexamination effective date will not change as a result of an interim reexamination.

HABC will verify all income and expense information for the household member for whom the

change is reported. Additionally, when a household reports removal of a household member,

HABC will verify that the household member has vacated the unit. Income/expense changes for

other household members are not required to be reviewed or verified during interim

recertifications.

Required Interim Reporting

Families are required to report the changes outlined below. HABC will process an interim rent

change when any of the following occur:

• Zero or minimal income family receives monetary or non-monetary income

• Family with only temporary or sporadic income receives monetary or non-monetary

income

• Change in family composition

HABC will process an interim reexamination at the start and end of Earned Income Disregard

period. See Earned Income Disregard policies.

If a household reports a change that it was not required to make which will result in an increase in

rent, HABC will place the information in the file; however, HABC will not process an interim

increase in rent. There is one exception to this policy where FSS families are concerned. Upon

request from a family participating in the Family Self-Sufficiency Program (FSS), if the family

reports an increase in income between regular recertifications and requests an interim

recertification, HABC will process the interim recertification so that the family can take advantage

of the escrow deposit feature of the FSS program. The family will also experience an increase in

rent as a result of the increase in income.

Optional Interim Reporting

Families may report the changes outlined below. HABC will process an interim rent change when

any of the following occur:

• Decrease in income

• Increase in allowable expenses

HABC ACOP: Draft Date 7-26-19 14-9

14.15 STANDARD FOR TIMELY REPORTING

The standard for timely reporting is within 10 working days from the date of the change. This

standard applies to required and optional reporting. For example, if a resident loses his job on

April 1

, timely reporting of the job loss will be 10 working days from April 1

. See the policies

on effective dates of interim rent changes when reporting is or is not timely.

If the change is not reported within the required time period, or if the family fails to provide

signatures, certifications or documentation within the required time frame, it will be considered

untimely reporting.

14.16 METHOD OF INTERIM REPORTING

Families are required to submit interim changes in writing. Generally, the head of household and

the person requesting the change will be required to attend an interview for an interim

reexamination.

Based on the type of change reported, HABC or the privately owned/managed site will determine

the documentation the family will be required to submit. Any information, document or signature

that is needed from the family to verify the change must be provided within 5 working days from

the date HABC or the privately owned/managed site made the request. This time frame may be

extended by HABC or the privately owned/managed site for good cause. HABC and the privately

owned/managed sites will accept required documentation by mail, by fax, electronic mail (email)

or in person.

HABC or the privately owned/managed site may conduct the interim reexamination by mail as a

reasonable accommodation when requested. (See Chapter 2: Fair Housing and Equal Opportunity).

14.17 DECREASES IN INCOME & INCREASES IN ALLOWANCE/DEDUCTIONS

Between regular reexaminations, residents may report a decrease in income and other changes,

such as an increase in allowances or deductions that would reduce the amount of the total tenant

payment within 10 working days of when the change occurs. Any information, document or

signature needed from the family that is needed to verify the change must be provided within 5

working days from the date of the HABC request.

HABC or the privately owned/managed site will process the rent adjustment unless HABC or the

privately owned/managed site confirms that the decrease in income will last less than 30 calendar

days.

HABC ACOP: Draft Date 7-26-19 14-10

14.18 INCREASES IN INCOME

Generally, families paying income-based and flat rents are not required to report increases in

income or assets between regular reexaminations. HABC and the privately owned/managed sites

will not process rent adjustments resulting from these increases in income until the next regularly

scheduled reexamination, except in certain cases as described in this ACOP.

14.19 CHANGES IN FAMILY COMPOSITION

Families must report all changes in household composition to HABC or the privately

owned/managed site within 10 working days from the date of the change. Such changes

include additions due to birth, adoption and court-awarded custody. The family must obtain

approval from HABC or the privately owned/managed site prior to all other additions to the

household. The change in family composition must be submitted in writing.

Following receipt of a family's request for addition of a household member, HABC or the privately

owned/managed site will conduct a pre-admission screening, including the criminal history report,

of the proposed new member. HABC or the privately owned/managed site will not allow the

addition of a new family or household member unless the individual meets the applicable

screening criteria and documentation requirements as described in Chapter 4: Eligibility for

Admission. Only new members approved by HABC or the privately owned/managed sites will

be added to the household.

HABC and the privately owned/managed sites will conduct an interim reexamination for all

changes in family and household composition that occur between regular reexaminations and

annual updates. The head of household shall provide HABC or the privately owned/managed site

with all income documentation for the new household member. HABC or the privately

owned/managed site will process an increase in rent when the household size increases due to the

addition of a new family member with earned or unearned income.

If a household receives public assistance benefits and reports any change in family composition

between reexaminations, HABC or the privately owned/managed site will re-verify the public

assistance benefit and recalculate income and rent using the new benefit amount. Income

attributable to new members being added to the household will be evaluated and may result in a

recalculation of the rent.

Additions to the household subject to applicable screening:

• Any person 18 or older the resident proposes to add to the lease.

• Resident is awarded custody of a child who is 14 or older.

• Children who are 14 and older are added through a kinship care arrangement.

HABC ACOP: Draft Date 7-26-19 14-11

• Resident desires to add a new family member to the lease, a live-in aide, or a foster

child(ren).

• A unit is occupied by a remaining family member(s) under age 18 (not an emancipated

minor) and an adult who was not a member of the original household requests permission

to take over as the head of household.

Additions to the household not subject to screening:

• Children born to a family member.

• Children for whom court-awarded custody is provided, if the child is under the age of 14;

and

• Legal adoptions of minors.

14.19.1 New Family Members Not Requiring Prior Approval

The addition of a family member as a result of birth, adoption, or court-awarded custody does not

require prior approval from HABC or the privately owned/managed site; however, the family is

required to notify HABC or the privately owned/managed site of the addition within 10 working

days of the occurrence.

14.19.2 New Family Members Requiring Approval

The family must inform HABC or the privately owned/managed site and obtain approval from

HABC or the privately owned/managed site for additional family members, other than additions

due to birth, adoption, and court-awarded custody, before the new member occupies the unit. Only

new members approved by HABC or the privately owned/managed site will be added to the

household.

HABC or the privately owned/managed site will not approve the addition of family members

other than by birth, adoption, court-awarded custody, or marriage/interdependent relationship

where the occupancy standards would require a larger size unit, except as a reasonable

accommodation. Exceptions will be reviewed, and determinations made on a case-by-case basis.

Residents who fail to notify HABC or the privately owned/managed sites of additions to the

household, or who permit persons to join the household without undergoing screening, are in

violation of the lease. Such persons are considered to be unauthorized occupants by HABC or the

privately owned/managed sites and the entire household will be subject to eviction.

14.19.3 Departure of a Family or Household Member

HABC ACOP: Draft Date 7-26-19 14-12

If a family or household member ceases to reside in the unit, the family must inform HABC or the

privately owned/managed site within 10 working days of the occurrence. This notification

requirement includes removal of a live-in aide, foster child, or foster adult. The household must

complete a certification of removal and provide verification of the removal, i.e. new address for

the household member being removed, death certificate etc.

These individuals may not be added back to the lease and must apply as a new applicant for

placement on the HABC public housing waiting list.

14.19.4 Change in Family Size & Transfer

HABC will initiate a unit transfer, if needed under the Occupancy Guidelines, for additions to the

family in the following cases:

• Addition of a minor who is a member of the family who had been living

elsewhere.

• Addition of a live-in aide approved by HABC or the privately owned/managed

site.

• Addition due to birth, adoption or court-awarded custody.

If a change due to birth, adoption, court-awarded custody, or need for a live-in aide requires a

larger size unit due to overcrowding, the resident will be placed on the appropriate transfer

waiting list for the larger unit and transferred to an appropriately sized unit when the resident

reaches the top of the waiting list and an appropriately sized unit becomes available.

Transfers due to over-housing or under-housing conditions caused by the addition or removal of

household members will be handled in accordance with Chapter 10: Transfer Policy.

14.20 ZERO INCOME, MINIMAL INCOME & TEMPORARY & SPORADIC INCOME

14.20.1 Zero Income, Minimal Income & Temporary/Sporadic Income Adults

A zero-income adult is one who does not receive any income, contributions and/or benefits on

his/her own behalf or on behalf of another individual in the household.

A temporary or sporadic income adult is an adult who reports only temporary or sporadic income

Temporary and sporadic income is excluded from the calculation of annual income.

Zero income adults and adults reporting only temporary/sporadic income are required to report

monetary and/or non-monetary changes in income or benefits between regular reexaminations.

HABC will process an increase in rent when a zero income or minimal income adult reports

an increase in income or benefits between regular reexaminations as well as process an increase

in rent when an adult reporting only temporary or sporadic income reports an increase in

income or benefits between regular reexaminations.

HABC ACOP: Draft Date 7-26-19 14-13

Once income/benefits are received and reported by an adult with zero and/or an adult reporting only

temporary/sporadic income, subsequent increases in income/benefits between regular

reexaminations do not need to be reported until the next regular reexamination.

14.20.2 Zero Income, Minimal Income & Temporary/Sporadic Income Household

A zero income or temporary/sporadic income household is one where no household member

receives any income, contributions and/or benefits on his/her own behalf or on behalf of another

individual in the household or the only income received by the entire household is

temporary/sporadic income.

A minimal income household is one where the gross annual household income is $2,400 or less

per year.

Households that report zero income, minimal or temporary/sporadic income may be required to

provide information regarding their means of basic subsistence, such as food, utilities,

transportation, etc. If the family’s expenses exceed the family’s known income, HABC may make

inquiry as to the nature of the family’s accessible resources.

See the policies on verification of zero income, minimal income or temporary/sporadic income

households.

HABC will run an EIV income report on zero income and minimal income households as well as

households reporting only temporary/sporadic income every 180 days and take action for

unreported income. Regular reexaminations are conducted annually for zero income and minimal

income households and households reporting only temporary/sporadic income

14.20.3 Interim Reexamination – Other

If at the time of regular reexamination, tenant-provided documents were used on a provisional

basis due to the lack of third-party verification, and third-party verification becomes available,

HABC will conduct an interim reexamination if the difference in income is greater than

$2,400/year.

HABC may conduct an interim reexamination at any time in order to correct an error in a

previous reexamination, or to investigate a tenant fraud complaint.

14.21 EFFECTIVE DATES: CHANGES IN RENT AT INTERIM REEXAMINATIONS

HABC will process reexaminations after the family request or family notification of changes in

income, expense, deductions and/or household composition.

HABC ACOP: Draft Date 7-26-19 14-14

14.22 EFFECTIVE DATES: CHANGES IN RENT AND RESIDENT CAUSED DELAYS

IN PROCESSING REEXAMINATIONS

An increase in rent, because of a reexamination, will generally be effective on the first of the month

following 30 calendar days’ notice to the family.

A decrease in rent because of a reexamination will generally be effective on the first of the month

following the month in which the change was reported.

If a family fails to report a change within the required time frames or fails to provide all required

information within the required time frames, the increase will be applied retroactively to the date

it would have been effective had the information been provided on a timely basis. The family

will be responsible for any underpaid rent and may be offered a repayment agreement in

accordance with the policies in this ACOP or be required to make a lump sum payment.

If the change is not reported timely, HABC or the privately owned/managed site will not

retroactively apply the rent decrease. In this case, the rent decrease will be effective on the first

day of the month following th3e completion of the reexamination processing by HABC or the

privately owned/managed site.

In cases where, through no fault of the resident, the change cannot be verified until after the date

the change would have become effective, the change will be made retroactively.

14.23 DELAYS IN PROCESSING REEXAMINATIONS CAUSED BY HABC OR THE

PRIVATELY OWNED/MANAGED SITES

If HABC or the privately owned/managed site causes the delay in the timely processing of the

reexamination: (1) in the case of a rent increase, the effective date will be the first of the month

following 30 calendar days’ notice to the resident; and (2 in the case of a rent decrease, the

overpayment by the family will be calculated retroactively to the date it should have been

effective, and the family will be credited for the amount.

14.24 OTHER INTERIM REPORTING ISSUES

Any changes reported by residents other than those listed in this section will be noted in the file

by the staff person but will not be processed between regularly scheduled reexaminations.

14.25 ERRORS IN RENT CALCULATION

If HABC or the privately owned/managed site makes a calculation error at admission or during

regular or interim reexaminations, an interim reexamination will be conducted to correct the

error. The family will not be charged retroactively for any increase in rent. However, if the

HABC ACOP: Draft Date 7-26-19 14-15

family was underpaying rent, HABC or the privately owned/managed site will increase the

rent to the correct amount effective on the first of the month following 30 calendar days’ notice

to the family. HABC or the privately owned/managed site will credit the resident’s account

for rent that was overpaid due to error by HABC or the privately owned/managed site.

14.26 ABSENCE FROM THE UNIT

"Absence" and “absent” mean that no family member is residing in the unit.

To determine if the family is absent from the unit, HABC or the privately owned/managed site will:

• Conduct home visits.

• Write letters to the family at the unit; and/or

• Call and/or write the emergency contact.

Families must notify HABC or the privately owned/managed site if they are going to be absent

from the unit for more than fifteen consecutive calendar days. A person with a disability may

request an extension of time as a reasonable accommodation.

14.26.1 Permanently Absent Household Member

Any member of the household will be considered permanently absent if s/he is away from the unit

for 6 consecutive months or more except as otherwise provided in this Chapter. A household

member who is permanently absent will be removed from the lease and that person’s income will

no longer be counted.

Anyone who is removed from the lease must apply to HABC for public housing in order to be

housed by HABC or in a privately owned/managed site.

14.26.2 Temporarily Absent Household Member

Generally, an individual who is or is expected to be absent from the assisted unit for less than 6

consecutive months per calendar year is considered temporarily absent.

HABC and the privately owned/managed sites will compute all applicable income of every family

member who is on the lease, including those who are temporarily absent.

14.26.3 Absence of an Entire Family

Families are required to notify HABC or the privately owned/managed site in accordance with

HABC ACOP: Draft Date 7-26-19 14-16

the lease before they move out of a unit and to give HABC or the privately managed site

information about any family absence from the unit.

If the entire family is absent from the unit, without permission from HABC or the privately

owned/managed site for more than 30 consecutive calendar days, the unit will be considered to be

vacant and HABC or the privately owned/managed site will terminate tenancy.

In cases where the family has moved out of the unit, HABC or the privately owned/managed site

will terminate tenancy in accordance with the appropriate lease termination procedures contained

in this Policy.

As a reasonable accommodation for a person with a disability, HABC or the privately managed

site may approve an extension. During the period of absence, payment of the rent and other

charges must remain current.

14.26.4 Absence Due to Medical Reasons

If any family member leaves the household to enter a facility such as a hospital, a nursing home,

or a rehabilitation center, HABC or the privately owned/managed site will consult with a reliable

qualified source as to the likelihood and timing of the family member’s return. If the verification

indicates that the family member will be living in a nursing home permanently, the family

member will be considered permanently absent. If the verification indicates that the family

member will return in less than 6 consecutive months, the family member will be considered

temporarily absent, as long as rent and other charges remain current.

If the person who is determined to be permanently absent is the sole member of the household,

assistance will be terminated in accordance with Absence of Entire Family.

14.26.5 Absence Due to Incarceration

Any member of the household will be considered permanently absent if he/she is incarcerated for

30 consecutive calendar days for drug-related or other criminal activity.

14.26.6 Absence Due To Foster Care

If the family includes a child or children temporarily absent from the home due to placement in

foster care, HABC will determine from the appropriate agency when the child/children will be

returned to the home.

If the time is to be greater than 180 consecutive calendar days from the date of removal of the

child(ren), the family may be required to move to a smaller size unit. If all children are removed

from the home permanently, the unit size will be reduced in accordance with HABC's occupancy

guidelines.

HABC ACOP: Draft Date 7-26-19 14-17

14.26.7 Parent/Legal Guardian Absent from the Unit

When neither a parent nor a legal guardian remains in the household and the appropriate agency

has determined that another adult is to be brought into the assisted unit to care for the children for

an indefinite period: (1) within 30 calendar days, the proposed caretaker must provide

documentation to HABC or the privately owned/managed site that s/he is seeking custody or legal

guardianship of the children; (2) within 10 working days of receiving the documentation, HABC

or the privately owned/managed site will screen the proposed caretaker; and (3) if the proposed

caretaker passes the screening, HABC or the privately owned/managed site will enter into a lease

with the proposed caretaker. If the proposed caretaker does not provide the required

documentation or does not pass the screening, HABC or the privately owned/managed site will

take action to gain possession of the unit.

HABC or the privately owned/managed site may obtain periodic updates from social services staff

or the attorney representing the children regarding the status of the action to obtain custody or

legal guardianship.

The caretaker will be allowed to remain in the unit as a visitor until he or she signs the lease or is

determined to ineligible.

14.26.8 Absent Students

Full-time students who are 17 and older and attend school away from the home but live with

the family during school recesses may, at the family's choice, be considered either temporarily or

permanently absent.

• If the family decides that the member is permanently absent, income of that member

will not be included in total household income, the member will not be included on

the lease, and the member will not be included for determination of unit size. College

students who were part of the family but who now live away from home during the

school year and are not considered members of the household may visit for up to 90

days per year without being considered a member of the household. Students under

the age of 17 who attend school away from home will not be considered permanently

absent.

Full-time students who attend school away from the home and live with the family during school

recess will be considered temporarily absent from the household.

14.26.9 Minors in the Unit on a Temporary Basis

In a joint custody arrangement, if the minor is in the household less than 90 calendar days per

year, the minor will be an eligible visitor and not a family member. If both parents reside in

HABC ACOP: Draft Date 7-26-19 14-18

federally assisted housing, only one parent will be able to claim the child for deductions and for

determination for the occupancy standards. For situations where the minor lives with the parent

for more than 90 calendar days, see Joint Custody of Dependents.

14.27 MILITARY FAMILIES – ABSENCE FROM THE UNIT & CONTINUED

OCCUPANCY

If a household member is temporarily absent and, in the military, all military pay and allowances

(except hazardous duty pay when exposed to hostile fire and any other exceptions to military pay

HUD may define) are counted as income.

On a case-by-case basis, HABC and the privately owned/managed sites will make reasonable

exceptions with respect to program requirements for active duty military families, to the extent

HABC can do so while responsibly administering the PH program.

Exceptions will be granted at HABC’s sole discretion and must be approved by the Deputy Chief

for Operations or his/her designee.

Exceptions may include, but are not limited to:

• Allowing a guardian who meets HABC’s or the privately owned/managed site’s

screening criteria to move into the assisted unit on a temporary basis to care for any

dependents that the military person leaves in the unit. Income of the guardian

temporarily living in the unit solely for this purpose is not to be counted in determining

family income and rent.

• Where a member of the family has been called into active duty, allowing the assisted

tenancy and dwelling lease to remain in effect for up to 9 consecutive months even

though all members of the family are temporarily absent from the assisted unit.

• Until the member of the family called into active duty returns, allowing for a no-change

reexamination and then completing the interim reexamination within 30 calendar days

after the military family member returns.

14.28 GUESTS

HABC will reasonably accommodate a resident's overnight guests for a combined total period of

up to twenty-one (21) nights in any fifty-two (52) weeks period. If HABC agrees to extend the

time, HABC may impose such additional conditions as are reasonable. The term “guest” means

a person temporarily staying in the Dwelling Unit with the consent of the resident or other

member of the household who has express or implied authority to so consent on behalf of the

resident. An “overnight guest” means a guest who spends the night in the Dwelling Unit.

Absence of evidence of any other address will be considered verification that the guest is an

HABC ACOP: Draft Date 7-26-19 14-19

unauthorized household member

HABC will consider:

• Statements from neighbors and/or HABC staff

• Vehicle license plate verification

• Post Office records

• Driver's license verification

• Law enforcement reports

• Credit reports

Use of the unit address as the guest’s current residence for any purpose shall be construed as

permanent residence.

The burden of proof that the individual is a guest rests on the family. In the absence of such

proof, the individual will be considered an unauthorized occupant and HABC or the privately

owned/managed site will terminate the family's lease.

If an individual other than a leaseholder is representing to an outside agency that they are residing

in the resident’s unit, the person will be considered an unauthorized occupant.

Residents are not allowed to have boarders and lodgers live with them.

14.29 REMAINING MEMBER OF RESIDENT FAMILY - RETENTION OF UNIT

Resident families who separate while being assisted under the federally assisted program will be

assessed on a case-by-case basis to determine which family members remain assisted under the

program. The policy pertaining to remaining members is as follows:

• To be considered the remaining member of the resident family, the person must have been

previously approved by HABC or the privately owned/managed site to be living in the unit.

• A live-in aide, by definition, is not a member of the family and will not be considered a

remaining member of the family.

• The head of household, the co-head or the remaining family member of the household who

has custody of any minor children will retain the federally assisted unit.

HABC ACOP: Draft Date 7-26-19 14-20

• In cases where the head of household and co-head of household have a joint custody

arrangement for minor children, the original head of household will retain the federally

assisted unit.

• In cases where the head of household dies, leaving minor children, the new head of

household will be subject to all eligibility and admission requirements of HABC or the

privately owned/managed sites. If the new head of household is a current resident of

HABC or of a privately owned/managed site, the receiving development will screen the

resident to determine if s/he is in good standing.

• In cases where there are two adult co-heads of household with no minor children, the

original head of household will retain the federally assisted unit.

• In cases where a non-related adult has been added to the household, the original head of

household will retain the federally assisted unit.

• In the event that the head of household dies, a remaining adult household member may

become head of household if that adult was on the lease and meets all other program

eligibility and continued occupancy requirements.

• Exceptions to the “remaining family member” requirement will be reviewed by HABC or

the privately owned/managed site on a case-by-case basis.

• If a separation is the result of a divorce or separation under a settlement or judicial decree,

HABC or the privately managed site will follow any court determination regarding which

family members will retain the federally assisted unit.

• In order for a minor to continue to receive assistance as a remaining family member, HABC

or the privately owned/managed site has to verify that the court awarded emancipated

minor status to the minor or that the appropriate agency has arranged for another adult to

be brought into the unit to care for the child(ren) for an indefinite period of time. The adult

must meet the HABC screening criteria or the screening criteria of the privately

owned/managed site unless the adult is already a resident of HABC or a privately

owned/managed site, in which case the adult must be a resident in good standing.

14.30 CHANGES IN UNIT SIZE

Changes in family or household composition may make it appropriate to consider transferring the

family to comply with occupancy standards. HABC or the privately owned/managed site may use

the results of the regular or interim reexamination to require the family to move to an appropriate

size unit. See Chapter 10: Transfer Policy.

HABC or the privately owned/managed site shall grant exceptions from the occupancy standards

if the family requests and HABC or the privately owned/managed site determines that the

exceptions are justified according to this policy. See Chapter 6: Occupancy Standards.

HABC ACOP: Draft Date 7-26-19 14-21

HABC or the privately owned/managed site will not assign a larger bedroom size due to additions

of family members other than by birth, adoption, marriage, or court-awarded custody.

HABC or the privately owned/managed site will consider the size and number of bedrooms when

an exception is requested.

When a change in the circumstances in a resident family results in eligibility for another unit

size, the family will be placed on the appropriate transfer waiting list.

14.31 CONTINUED ASSISTANCE FOR "MIXED" FAMILIES

Under the Noncitizens Rule, "mixed" families are families that include at least one citizen or

eligible immigrant and any number of ineligible members.

If a mixed family does not qualify for continued assistance, the member(s) that caused the family

to be ineligible for continued assistance may move, or the family may choose prorated assistance.

14.32 APPLYING UTILITY ALLOWANCES AT REEXAMINATION

Revised utility allowance schedules for residents who pay utilities directly to the utility company

will be applied to a family’s rent calculations at the first regular reexamination after the allowance

is adopted.

HABC ACOP: Draft Date 7-26-19 15-1

CHAPTER 15: LEASE TER

INATI

15.1 INTRODUCTION

This chapter presents the policies that govern voluntary termination of the lease by the family and

the mandatory and voluntary termination of the lease by HABC and the privately owned/managed

sites. Either party to the dwelling lease agreement may terminate the lease in accordance with the

terms of the lease. When the family moves from the family’s public housing unit, the family loses

its rental assistance. Families living in other federally assisted housing located in the privately

owned/managed sites may lose their assistance, depending on the circumstances of their move-

out. Therefore, there are additional safeguards to protect the family’s tenancy in federally assisted

housing. Likewise, there are safeguards to protect HUD’s interest in the federally assisted housing

programs. HABC and the privately owned/manages sites have the authority to terminate the lease

because of the family’s failure to comply with HUD regulations, for serious or repeated violations

of the terms of the lease, and for other good cause. HUD regulations also specify when termination

of the lease is mandatory by HABC and the privately owned/managed sites.

15.2 TERMINATION BY RESIDENT

The family may terminate the lease by providing HABC or the privately owned/managed site with

30 calendar day’s prior notice at any time, for any reason, as indicated in the lease. Such notice

must be in writing and delivered to the property site office or HABC’s central office or the

privately owned/managed site or sent by pre-paid first-class mail, properly addressed. The notice

of lease termination must be signed by the head of household, spouse, or co-head. When a family

must give less than 30 days’ notice due to circumstances beyond the family’s control, HABC or

the privately owned/managed site, at its discretion, may waive the 30-day notice requirement.

Residents must provide HABC with seventy-two (72) advance notice of their actual move-out date

so that HABC can ensure that the unit is safely secured.

15.3 MANDATORY TERMINATION

HUD requires mandatory termination of the lease for certain actions or inactions of the family.

Conditions for mandatory termination include the reasons listed in sections 14.3.1 through 14.3.8

below.

15.3.1 Failure to Provide Consent

HABC or the privately owned/managed site will terminate the lease if any family member fails to

sign and submit any consent form s/he is required to sign for any reexamination.

HABC ACOP: Draft Date 7-26-19 15-2

15.3.2 Failure to Document Citizenship

HABC or the privately owned/managed site will terminate the lease if:

• A family fails to submit required documentation within the required timeframe concerning

any family member’s citizenship or immigration status.

• A family submits evidence of citizenship and eligible immigration status in a timely

manner, but United States Citizenship and Immigration Services (USCIS) primary and

secondary verification does not verify eligible immigration status of the family, resulting

in no eligible family members; or

• A family member, as determined by HABC or a privately owned/managed site, has

knowingly permitted another individual who is not eligible for assistance to reside (on a

permanent basis) in the unit. The mandatory termination does not apply to ineligible

noncitizens listed on the lease resulting in proration of assistance.

15.3.3 Failure to Disclose and Document Social Security Numbers

HABC or the privately owned/managed site will terminate assistance if a participant family fails

to disclose the complete and accurate social security numbers of each household member and the

documentation necessary to verify each social security number.

HABC or the privately owned/managed site will defer the family’s termination and provide the

family with the opportunity to comply with the requirement for a period not to exceed 90 calendar

days from the date HABC or the privately owned/managed site determined the family to be

noncompliant for circumstances beyond the participant’s control. These may include, but are not

limited to, delayed processing of the social security number application by the Social Security

Administration, natural disaster, fire, death in the family, or other emergency.

15.3.4 Failure to Accept HABC’s Offer of a Lease Revision

HABC or the privately owned/managed site will terminate the lease if the family fails to accept

HABC’s or the privately owned/managed site’s offer of a lease revision to an existing lease,

provided HABC or the privately owned/managed site has done the following:

• The revision is on a form adopted by HABC or the privately owned/managed site pertaining

to requirements for notice to residents and resident organizations and their opportunity to

present comments.

• HABC or the privately owned/managed site has made a written notice of the offer of the

revision at least 60 calendar days before the lease revision is scheduled to take effect and

HABC ACOP: Draft Date 7-26-19 15-3

• HABC or the privately owned/managed site has specified in the offer a reasonable time

limit within that period for acceptance by the family.

15.3.5 Methamphetamine Conviction

HABC or the privately owned/managed site will immediately terminate the lease if HABC or the

privately owned/managed site determines that any household member has ever been convicted of

the manufacture or production of methamphetamine on the premises of federally assisted housing.

15.3.6 Lifetime Registered Sex Offenders

Should HABC or the privately owned/managed site discover that a member of an assisted

household was subject to a lifetime registration requirement at admission and was erroneously

admitted after June 25, 2001, HABC or the privately owned/managed site will immediately

terminate assistance for the household member.

In this situation, HABC or the privately owned/managed site will offer the family the opportunity

to remove the ineligible family member from the household. If the family is unwilling to remove

that individual from the household, HABC or the privately owned/managed site will terminate

assistance for the household.

15.3.7 Noncompliance with Community Service Requirements

HABC and the privately owned/managed sites will review compliance with the community

service requirement in conjunction with the regular reexamination schedule.

15.3.8 Death of the Head of Household in a Single Member Household

HABC or the privately owned/managed site will terminate assistance for a deceased single member

household. HABC or the privately owned/managed site will list the end of participation date as

the date on which the family or designee of the deceased resident’s estate returned the keys and

signed a vacate notice; or the date the public housing lease was terminated; or the date HABC or

the privately owned/managed site legally regained possession of the unit, whichever occurs first.

To permit a presumed next of kin to obtain belongings of a deceased resident left in the

dwelling unit, such person must present valid picture identification and must: (1) be listed

on the resident’s emergency contact form; (2) present a letter of administration from a court

of competent jurisdiction; or (3) present a notarized statement, in the form approved by

HABC, certifying under penalties of perjury that he/she has the sole right to claim possession

of the items.

15.4 ADDITIONAL AUTHORIZED REASONS FOR TERMINATION

HABC ACOP: Draft Date 7-26-19 15-4

HABC or the privately owned/managed site has the discretion to terminate the lease when and if

HABC or the privately owned/managed site determines that the resident, a member of the

resident’s household or guest, or any other person under the resident’s control participates in any

of the following activities:

• Engaging in drug-related criminal activity on or off the premises;

• Illegally using a drug or a pattern of illegal use of a drug that interferes with the health,

safety, or right to peaceful enjoyment of the premises by other residents;

• Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the

premises by other residents or by persons residing in the immediate vicinity of the

premises;

• Abuse or pattern of abuse of alcohol that threatens the health, safety, or right to peaceful

enjoyment of the premises by other residents (HABC will consider the use of alcohol to be a

pattern if there is more than one incident during the previous 12 months);

• Furnishing false or misleading information concerning illegal drug use, alcohol abuse, or

rehabilitation of illegal drug users or alcohol abusers;

• Incidents of actual or threatened domestic violence, dating violence, sexual assault, or

stalking (such incidents may not be construed as serious or repeated violations of the lease

by the crime victim or threatened victim of such violence or stalking);

• Fleeing to avoid, or harboring someone fleeing, prosecution, or custody or confinement

after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws

of the place from which the individual flees or violating a condition of probation or parole

imposed under federal or state law;

• Any member of the household, during the household’s current public housing tenancy,

becoming subject to a registration requirement under a state sex offender registration

program;

• Discovery of facts after admission to the program that would have made the resident

ineligible;

• Discovery of materially false statements or fraud by the resident in connection with an

application for assistance or with a reexamination of income;

• Failure to furnish such information and certifications regarding family composition and

income as may be necessary for HABC or for the privately owned/managed site to make

HABC ACOP: Draft Date 7-26-19 15-5

determinations with respect to rent, eligibility, and the appropriateness of the dwelling unit

size;

• Failure to transfer to an appropriate size dwelling unit based on family composition, upon

appropriate notice by HABC or the privately owned/managed site that such a dwelling unit

is available;

• Failure to transfer out of a wheelchair accessible unit after it has been determined that no

one in the household needs the features of the wheelchair accessible unit upon appropriate

notice by HABC or the privately owned/managed site that another dwelling unit is

available;

• Failure to permit access to the unit by HABC or the privately owned/managed site after

proper advance notification for the purpose of performing routine inspections and

maintenance, for making improvements or repairs, or to show the dwelling unit for re-

leasing, or without advance notice if there is reasonable cause to believe that an emergency

exists. A written statement specifying the purpose of HABC’s, or the privately

owned/managed site’s entry delivered to the unit at least forty-eight (48) hours before such

entry shall be considered reasonable advance notification;

• Failure to inform HABC or the privately owned/managed site of the birth, adoption or

court-awarded custody of a child within 10 working days of the event;

• Failure to abide by the provisions of HABC’s pet policy or a privately owned/managed

site’s pet policy;

• Repeated late payment of rent or other charges;

• If the family has breached the terms of a repayment agreement entered into with HABC or

the privately owned/managed site;

• Violation of a federal, state, or local law that imposes obligations in connection with the

occupancy or use of the premises (inclusive of failure to appear and provide all required

information during the re-examination unless the resident can show that failure to provide

the information was due to circumstances beyond the resident’s control;

• Engaging in or threatening violent or abusive behavior toward HABC or the privately

owned/managed site personnel (abusive or violent behavior includes verbal as well as

physical abuse or violence; use of racial epithets, or other language, written or oral, that is

customarily used to intimidate may be considered abusive or violent behavior; threatening

refers to oral or written threats or physical gestures that communicate intent to abuse or

commit violence);

• Resident caused damage;

HABC ACOP: Draft Date 7-26-19 15-6

• Failing to move out of a unit to allow the rehabilitation of the unit; and

• Failing to move out of a unit when the move is for health and safety reasons.

In addition, HABC or the privately owned/managed site may terminate the lease for other grounds

that constitute serious or repeated violations of material terms of the lease or for other good cause.

What constitutes serious or repeated lease violations, and other good cause, is based upon the

content of HABC’s or the privately owned/managed site’s lease. In the development of the terms

of the lease, HABC and the privately owned/managed sites will consider the requirements imposed

by state and local landlord-tenant law, as well as HUD regulations, federal statutes, and MTW

policies.

15.4.1 Family Absence from Unit

It is reasonable that the family may be absent from the public housing unit or the privately

owned/managed unit for brief periods. Absence in this context means that no member of the family

is residing in the unit. The family must supply any information or certification requested by HABC

or the privately owned/managed site to verify that the family is living in the unit, or explaining the

family absence from the unit, including any information or certification requested by HABC or

the privately owned/managed site on the reasons for the family absences. The family must

cooperate with HABC or the privately owned/managed site for this purpose.

If a family is absent from the federally subsidized unit for more than 30 consecutive calendar days,

and the family does not adequately verify that they are living in the unit; HABC or the privately

owned/managed site will terminate the lease.

If the family appears to have vacated the unit without giving proper notice, HABC or the privately

owned/managed site will follow state and local landlord-tenant law pertaining to abandonment

before taking possession of the unit.

15.4.2 Over-Income Families

See policies on over-income families in the chapter on Reexamination and Continued Occupancy.

15.4.3 Failure to Make Payments at the Time and in the Amount Due Under the Lease

If HABC or the privately owned/managed site obtains 4 judgments against a resident for failure to

pay rent in a preceding 12-month period, HABC or the privately owned/managed site may ask the

Court, when filing the fifth failure to pay rent complaint for authorization to deny the resident the

opportunity to keep occupancy of the unit, even if the resident pays the past due rent, and proceed

with eviction. This process is known as Foreclosing the Right of Redemption. Prior to foreclosing

a resident’s right to redemption, HABC or the privately owned/managed site will attempt to collect

the rent due and owing through home visits, rent conferences, correspondence and offers of Tenant

HABC ACOP: Draft Date 7-26-19 15-7

Readiness Training.

15.4.4 Procedural Non-Compliance

Three instances of procedural non-compliance may result in lease termination. A non-compliance

violation occurs when the resident fails to observe a procedure or requirement of HABC or the

privately owned/managed site, but does not misrepresent a material fact, and there is no

retroactive rent owed by the family.

15.5 TERMINATING ASSISTANCE OF A VAWA OFFENDER

VAWA provides that incidents of actual or threatened domestic violence, dating violence, sexual

assault or stalking may not be construed either as serious or repeated violations of the lease by the

victim of such violence or as good cause for terminating the tenancy or occupancy rights of the

victim of such violence.

Although VAWA provides termination protection for victims of domestic violence, dating

violence, sexual assault and/or stalking, it does not provide protection for offenders. HABC may

exercise its explicit authority to “evict, remove, or terminate assistance to any individual who is a

resident or lawful occupant of the housing and who engages in criminal activity directly relating

to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or

other individual without evicting, removing, terminating assistance to, or otherwise penalizing a

victim of such criminal activity who is also a resident or lawful occupant of the housing.”

This authority supersedes any local, state, or other federal law to the contrary. However, if HABC

chooses to exercise this authority, HABC will follow any procedures prescribed by HUD or by

applicable local, state, or federal law regarding termination of assistance.

When the actions of a resident or other family member result in a decision to terminate the family’s

assistance and another family member claims that the actions involve criminal acts of physical

violence against family members or others, HABC will request that the victim submit the required

certification and supporting documentation in accordance with the stated timeframe. If the

certification and supporting documentation are submitted within the required timeframe, or any

approved extension period, HABC will terminate only the offender’s assistance. If the victim does

not provide the certification and supporting documentation, as required, HABC will proceed with

termination of the family’s assistance.

If HABC can demonstrate an actual and imminent threat to other residents or those employed at

or providing service to the property if the resident’s tenancy is not terminated, HABC will bypass

the standard process and proceed with the immediate termination of the family’s assistance.

For VAWA requirements and the policies pertaining to notification, documentation, and

confidentiality, see chapters on Fair Housing and Equal Opportunity as well as on Transfer Policy

in this ACOP.

HABC ACOP: Draft Date 7-26-19 15-8

15.5.1 Limits on VAWA Protections

While VAWA prohibits HABC and the privately owned/managed sites from using domestic

violence, dating violence, sexual assault, or stalking as the cause for a termination or eviction

action against a resident of federally subsidized housing who is the victim of the abuse, the

protections it provides are not absolute. Specifically, VAWA does not limit the otherwise available

authority of HABC or the privately owned/managed site to terminate assistance to or evict a victim

for lease violations not premised on an act of domestic violence, dating violence, sexual assault,

or stalking provided that HABC or the privately owned/managed site does not subject the victim

to a more demanding standard than the standard to which it holds other residents.

HUD regulations authorize HABC or the privately owned/managed site to terminate the victim’s

assistance when a victim poses an actual and imminent threat “only when there are no other actions

that could be taken to reduce or eliminate the threat.”

15.6 ALTERNATIVES TO TERMINATION OF TENANCY

Upon consideration of alternatives to termination of tenancy and factors surrounding the violation,

HABC or the privately owned/managed site may, on a case-by-case basis, choose not to terminate

the lease subject to approval by HABC’s Deputy Chief of Operations or the person designated by

a privately owned/managed site to give such approvals.

15.6.1 Exclusion of Culpable Household Member

As an alternative to termination of the lease for criminal activity or alcohol abuse, HABC or the

privately owned/managed site may consider exclusion of the culpable household member as

documented in a memorandum of understanding. Such an alternative can be used for any other

reason where such a solution appears viable in accordance with the policies of HABC or the

privately owned/managed site.

As a condition of the family’s continued occupancy, the head of household must certify that the

culpable household member has vacated the unit and will not be permitted to visit or to stay as a

guest in the assisted unit. The family must present evidence of the former household member’s

current address upon request by HABC or the privately owned/managed site.

15.6.2 Payment of Family Debts

If a family owes amounts to HABC or the privately owned/managed site, and there are no other

lease violations, as a condition of continued occupancy, HABC or the privately owned/managed

site may require the family to pay the full amount or to enter into a payment agreement. See

Chapter 19: Program Integrity for additional policies on payment agreements.

HABC ACOP: Draft Date 7-26-19 15-9

15.7 CRITERIA FOR DECIDING TO TERMINATE TENANCY

15.7.1 Evidence

HUD permits HABC and the privately owned/managed sites to terminate the lease for criminal

activity if a preponderance of the evidence indicates that a household member has engaged in the

activity, regardless of whether the household member has been arrested or convicted, and without

satisfying the standard of proof used for a criminal conviction.

HABC and the privately owned/managed sites will use the preponderance of the evidence as the

standard for making all termination decisions.

15.7.2 Consideration of Circumstances

HABC or the privately owned/managed site may consider all circumstances relevant to a particular

case in order to determine whether or not to terminate the lease.

HABC or the privately owned/managed site will consider the following factors before deciding

whether to terminate the lease for any of the HUD required lease provisions or for any other

reasons:

• The seriousness of the offending action, especially with respect to how it would affect other

residents

• The extent of participation or culpability of the head of household, or other household

members, in the offending action, including whether the culpable member is a minor, a

person with disabilities, or a victim of domestic violence, dating violence, sexual assault,

or stalking

• The effects that the eviction will have on other family members who were not involved in

the action or failure to act

• The effect on the community of the termination, or of the failure by HABC or the privately

owned/managed site to terminate the tenancy

• The effect of HABC’s or the privately owned/managed site’s decision on the integrity of

the federally subsidized housing program

• The demand for housing by eligible families who will adhere to lease responsibilities

• The extent to which the head of household has shown personal responsibility and whether

s/he has taken all reasonable steps to prevent or mitigate the offending action

HABC ACOP: Draft Date 7-26-19 15-10

• The length of time since the violation occurred, the family’s recent history, and the

likelihood of favorable conduct in the future

• In the case of program abuse, the dollar amount of the underpaid rent and whether or not a

false certification was signed by the family.

15.7.3 Consideration of Rehabilitation

In determining whether to terminate the lease for illegal drug use or a pattern of illegal drug use,

or for abuse or a pattern of abuse of alcohol, by a household member who is no longer engaging

in such use or abuse, HABC or the privately owned/managed site will consider whether such

household member has successfully completed a supervised drug or alcohol rehabilitation

program. For this purpose, HABC or the privately owned/managed site will require the resident to

submit evidence of the household member’s successful completion of a supervised drug or alcohol

rehabilitation program.

15.7.4 Reasonable Accommodation

If the family includes a person with disabilities, HABC’s or the privately owned/managed site’s

decision to terminate the family’s lease is subject to consideration of reasonable accommodation

requests, if made by the family, in accordance with HABC’s reasonable accommodation policy

and procedures, which are followed by the privately owned/managed sites, federal law and HUD

regulations. If a family makes a reasonable accommodation request indicating that the behavior

of a family member with a disability is the reason for a proposed lease termination, HABC’s Office

of Fair Housing & Equal Opportunity may require documentation that the family member has a

disability and will determine whether the behavior is related to the disability. If HABC’s Office

of Fair Housing & Equal Opportunity determines that the family member has a disability and that

the behavior is related to the disability, it may engage in the interactive process with the family to

address the reasonable accommodation request. HABC’s Office of Fair Housing & Equal

Opportunity may approve such reasonable accommodation requests if it is established that the

behavior that is the basis of the proposed lease termination is being addressed such that the family

is able to meet the requirements of tenancy going forward.

15.7.5 Nondiscrimination Limitation

HABC’s eviction actions must be consistent with fair housing and equal opportunity requirements

of federal, state, and local law and applicable HUD regulations.

15.8 NOTIFICATION REQUIREMENTS, EVICTION PROCEDURES AND RECORD

KEEPING

HABC ACOP: Draft Date 7-26-19 15-11

15.8.1 Conducting Criminal Records Checks

HUD authorizes HABC and the privately owned/managed sites to conduct criminal records checks

on public housing residents for lease enforcement and eviction. HABC policy determines when

HABC and the privately owned/managed sites will conduct such checks.

HABC or the privately owned/managed site will conduct criminal records checks when it has come

to the attention of HABC or the privately owned/managed site, either from local law enforcement

or by other means, that an individual has engaged in the destruction of property, engaged in violent

activity against another person, or has interfered with the right to peaceful enjoyment of the

premises of other residents. Such checks will also include sex offender registration information.

To obtain such information, all adult household members must sign consent forms for release of

criminal conviction and sex offender registration records. HABC and the privately

owned/managed sites will not require the resident to pay the costs of a criminal records check.

15.8.2 Disclosure of Criminal Records to Family

If HABC or the privately owned/managed site uses the authority of 24 CFR 5.903 and 5.905 to

obtain criminal record information, certain protections shall be afforded to the resident before any

adverse action is taken. See Chapter 4: Eligibility for Admission for additional policy and

procedural information on disclosure of criminal records to the family.

The family will be given 10 working days from the date of the notice, to dispute the accuracy and

relevance of the information. If the family does not contact HABC or the privately

owned/managed site to dispute the information within that 10-business day period, HABC or the

privately owned/managed site will proceed with the termination action. Should the resident not

exercise his/her right to dispute the information prior to any adverse action, the resident still has

the right to dispute the information in the grievance hearing or at court trial.

15.8.3 Lease Termination Notice: Form, Delivery, and Content of the Notice

Notices of lease termination must be in writing. The notice must state the specific grounds for

termination, the date the termination will take place, the resident’s right to reply to the termination

notice, and the resident’s right to examine the HABC or the privately owned/managed site

documents directly relevant to the termination or eviction. If HABC or the privately

owned/managed site does not make the documents available for examination upon request by the

resident, HABC or the privately owned/managed site may not proceed with the eviction.

When HABC or the privately owned/managed site is required to offer the resident an opportunity

for a grievance hearing, the notice will also inform the resident of his/her right to request a hearing

in accordance with HABC’s or the privately owned/managed site’s grievance procedure. In these

cases, the tenancy shall not terminate until the time for the resident to request a grievance hearing

has expired or, if a grievance was requested, the grievance procedure has been completed.

HABC ACOP: Draft Date 7-26-19 15-12

When HABC or the privately owned/managed site is not required to offer the resident an

opportunity for a grievance hearing because HUD has made a due process determination and the

lease termination is for criminal activity that threatens the health, safety or the right to peaceful

enjoyment or for drug-related criminal activity, the notice of lease termination must state that the

resident is not entitled to a grievance hearing on the termination. It will specify the judicial eviction

procedure to be used by HABC or the privately owned/managed site for eviction of the resident,

and state that HUD has determined that the eviction procedure provides the opportunity for a

hearing in court that contains the basic elements of due process as defined in HUD regulations.

The notice will also state whether the eviction is for a criminal activity that threatens the health,

safety, or the right to peaceful enjoyment of the premises of other residents or employees of HABC

or the privately owned/managed site, or for a drug-related criminal activity on or off the premises.

15.8.4 Timing of the Notice

HABC or the privately owned/managed site shall give written notice of lease termination as

follows:

• 14 calendar days in the case of failure to pay rent

• A reasonable period considering the seriousness of the situation (that is at least fourteen

(14) calendar days but no more than thirty (30) calendar days):

o If the health or safety of other residents, HABC employees or contractors, or

persons residing in the immediate vicinity of the premises is threatened.

o If any member of the household has engaged in any drug-related criminal activity

or violent criminal activity.

o If any member of the household has been convicted of a felony.

o If any of the following occurs, provided that a thirty (30) day notice of termination

will be given in lieu of any shorter period if the situation does not result in a threat

to the health or safety of other residents, HABC employees or contractors, or

persons residing in the immediate vicinity of the premises:

o If illegal drugs are seized from the unit by any law enforcement officer.

o If any fire on the premises results from the deliberate, reckless or negligent

act of the resident, a member of the resident’s household, a guest, or any

other person under the resident’s control, or from the inaction of such

person(s). Examples of such conduct include but are not limited to: (a)

arson; (b) a violation of the HABC Smoke-Free Policy; (c) a flammable

material left within the reach of children; or (d) leaving an ignited stove or

other heat-producing equipment unattended.

o If a gun is seized from the resident or a household member by a law

enforcement officer on or off the premises.

o If the resident, a member of the resident’s household, a guest, or any other

person under the resident’s control unlawfully, recklessly, or negligently

possesses a gun or other weapon on the premises;

HABC ACOP: Draft Date 7-26-19 15-13

o If the lease violation is due to the undisclosed or unauthorized occupancy

of a person who is subject to a sex offender registration requirement in the

unit.

o If the resident refuses or impedes access to the unit to HABC as provided

in the lease, to perform an inspection, repair or maintenance, including

inspection or treatment for bedbugs, rodents and/or other pests, or the

resident fails to perform pre-treatment preparation as required by the lease;

o If the resident violates the HABC Pet Policy.

• Thirty (30) calendar days in any other case, except that if a state or local law

allows a shorter notice period, such shorter period shall apply

The family must notify HABC at least seventy-two (72) hours before the actual move-out from

the unit, as required by local law. The Notice to Vacate that may be required under state or local

law may be combined with or run concurrently with the notice of lease termination.

15.8.5 Notice of Nonrenewal Due to Community Service Noncompliance

When HABC finds that a family is in noncompliance with the community service requirement, the

resident and any other noncompliant resident must be notified in writing of this determination.

Notices of noncompliance will be issued in accordance with the requirements and policies in the

Chapter 17: Community Service.

15.8.6 Notice of Termination Based on Citizenship Status

In cases where termination of tenancy is based on citizenship status, HUD requires the notice of

termination to advise the family of the reasons the family’s assistance is being terminated and to

advise the family of any of the following that apply: the family’s eligibility for proration of

assistance, the criteria and procedures for obtaining relief under the provisions for preservation of

families, the family’s right to request an appeal to the U.S. Citizen & Immigration Services

(USCIS) of the results of secondary verification of immigration status and to submit additional

documentation or a written explanation in support of the appeal, and the family’s right to request

an informal hearing with HABC either upon completion of the USCIS appeal or in lieu of the

USCIS appeal. Please see the Informal Hearing for Non-Citizens chapter in this ACOP for

HABC’s informal hearing procedures.

15.8.7 Eviction Notice

HABC ACOP: Draft Date 7-26-19 15-14

HABC or the privately owned/managed site may only evict the resident from the unit by instituting

a court action and obtaining a court order awarding possession to HABC or the privately

owned/managed site.

HABC and the privately owned/managed sites shall not proceed with an eviction action if it has

not made available the documents to be used in the case against the family and has not afforded

the family the opportunity to examine and copy such documents in accordance with the provisions

of federal law and HUD regulations.

15.8.8 Notification to Post Office

When HABC or a privately owned/managed site evicts an individual or family for criminal

activity, including drug-related criminal activity, HABC or the privately owned/managed site will

notify the local post office serving the dwelling unit that the individual or family is no longer

residing in the unit.

HABC ACOP: Draft Date 7-26-19 16-1

CHAPTER 16: INFORMAL HEARINGS FOR APPLICANTS

16.1 INTRODUCTION

Applicants who are denied admission to the program because they are determined to be

ineligible or because HABC has no units in its inventory, which includes units in the privately

owned/managed sites, to accommodate the size of the household, will be given written

notification promptly, including the reason for the denial and offering them an opportunity for an

informal hearing.

16.2 INFORMAL HEARING PROCESS

Informal hearings provide applicants the opportunity to review the reasons for denial of admission

and to present evidence to refute the grounds for denial. An applicant is someone who has applied

for admission to the public housing program but is not yet a resident in an HABC unit or in a

privately owned/managed unit occupied from an HABC public housing waiting list. Applicants

are not entitled to the same hearing process afforded residents under the grievance procedures of

HABC or the privately owned/managed sites.

16.2.1 Notice of Denial

HABC or the privately owned/managed site will give an applicant prompt notice of a decision

denying eligibility for admission. The notice will contain a brief statement of the reasons for the

decision and will also state that the applicant may request an informal hearing to dispute the

decision. The notice will describe the process for requesting an informal hearing.

Before the applicant is denied based on information obtained from criminal or sex offender

registration records, the applicant must be given the opportunity to dispute the information in those

records which would be the basis of the denial. The applicant may request an administrative

review within 10 working days of being notified that HABC or the privately owned/managed site

intends to deny the applicant based on criminal or sex offender records. Applicants who request

an administrative review and whose admission is denied may still request an informal hearing in

accordance with the procedures set forth in section 15.2.2 of this chapter upon being notified of

the denial.

16.2.2 Scheduling an Informal Hearing

Applicants must submit their request for an informal hearing in writing to HABC or the privately

owned/managed site within 10 working days from the date of the notification of their ineligibility.

If the applicant requests an informal hearing, HABC or the privately owned/managed site will

provide an informal hearing within 10 working days of receiving the request. HABC or the

privately owned/managed site will notify the applicant of the place, date, and time of the informal

HABC ACOP: Draft Date 7-26-19 16-2

hearing.

16.2.3 Reasonable Accommodation Related to Informal Hearing Process

Applicants who have a disability and need a reasonable accommodation in order to participate in the

informal hearing process may request a reasonable accommodation during any stage of the informal

hearing process. HABC and the privately owned/managed sites will consider such requests for

reasonable accommodations.

16.2.4 Conducting an Informal Hearing

Informal hearings will be conducted by an impartial hearing officer. The person who is designated

as the hearing officer cannot be the person who made the determination of ineligibility or a

subordinate of that person.

The applicant may bring to the hearing any documentation or evidence s/he wishes and the

evidence along with the data compiled by HABC and/or the privately owned/managed site will

be considered by the hearing officer.

The hearing officer will make a determination based upon the merits of the evidence presented by

both sides.

16.2.5 Informal Hearing Decision

Within 10 working days of the date of the hearing, the hearing officer will mail a written decision

explaining the reason(s) for the decision to the applicant, his or her representative (if any), and

provide a copy of the decision to HABC’s Admissions and Leasing staff and, if applicable, to the

privately owned/managed site to place in the applicant's file.

In rendering a decision, the hearing officer will evaluate the following matters:

• Whether or not the grounds for denial were stated factually in the notice.

• Whether the grounds for denial of admission are in accordance with HUD regulations

and/or directives, HABC policy, the privately owned/managed site’s admissions criteria, if

applicable, and/or applicable state and/or local laws. See Chapter 4: Eligibility for

Admission for a detailed review of the grounds for applicant denial.

• Whether the facts presented support the grounds for denial of admission.

• In cases where the applicant makes a reasonable accommodation request to overturn the

denial because of the person’s disability, whether the applicant has provided evidence that

he or she has a disability that was the reason for the behavior or activity that resulted in the

HABC ACOP: Draft Date 7-26-19 16-3

denial and whether the applicant is taking steps to address the disability such that he or she

will be able to comply with the requirements of tenancy and program rules.

If the informal hearing decision overturns the denial, processing for admission will resume.

If the applicant fails to appear for his/her informal hearing, the denial of admission will stand and

the applicant will be so notified.

16.2.6 Retention of Documents

See Chapter on Program Administration.

HABC ACOP: Draft Date 7-26-19 17-1

CHAPTER 17: INFORMAL HEARINGS: NON-CITIZENS

17.1 INFORMAL HEARINGS WITH REGARD TO NON-CITIZENS

HABC and the privately owned/managed sites will comply with HUD regulations and procedures

with respect to applicants who are pending a decision under the United States Citizenship and

Immigration Services (USCIS) appeal process. Assistance to a family may not be terminated while

HABC’s hearing is pending, but assistance to an applicant may be delayed pending the completion

of the informal hearing.

17.1.1 Notice of Denial or Termination of Assistance

The notice of denial or termination of assistance for non-citizens must advise the family of any of

the following that apply:

• That financial assistance will be denied or terminated and provide a brief explanation of

the reasons for the proposed denial or termination of assistance.

• The family may be eligible for proration of assistance.

• In the case of a resident, what the criteria and procedures for obtaining relief are under the

provisions for preservation of families.

• That the family has a right to request an appeal to the USCIS of the results of secondary

verification of immigration status and to submit additional documentation or explanation

in support of the appeal.

• That the family has a right to request an informal hearing with HABC or the privately

owned/managed site either upon completion of the USCIS appeal or in lieu of the USCIS

appeal.

• For applicants, assistance may not be delayed until the conclusion of the USCIS appeal

process, but assistance may be delayed during the period of the informal hearing process.

17.1.2 United States Citizenship and Immigration Services Appeal Process

When HABC or a privately owned/managed site receives notification that the USCIS secondary

verification failed to confirm eligible immigration status, HABC or the privately owned/managed

site will notify the family of the results of the USCIS verification. The family will have 30 calendar

days from the date of the notification to request an appeal of the USCIS results. The request for

appeal must be made by the family in writing directly to the USCIS. The family must provide

HABC ACOP: Draft Date 7-26-19 17-2

HABC or the privately owned/managed site with a copy of the written request for appeal and proof

of mailing.

HABC or the privately owned/managed site will notify the family in writing of the results of the

USCIS secondary verification within 10 working days of receiving the results. The family must

provide HABC or the privately owned/managed site with a copy of the written request for appeal

and proof of mailing within 10 working days of sending the request to the USCIS.

The family must forward to the designated USCIS office any additional documentation or written

explanation in support of the appeal. This material must include a copy of the USCIS document

verification request (used to process the secondary request) or such other form specified by the

USCIS, and a letter indicating that the family is requesting an appeal of the USCIS immigration

status verification results.

The USCIS will notify the family, with a copy to HABC or the privately owned/managed site, of

its decision. When the USCIS notifies HABC or the privately owned/managed site of the decision,

HABC or the privately owned/managed site will notify the family of its right to request an informal

hearing.

HABC or the privately owned/managed site will send written notice to the family of its right to

request an informal hearing within 10 working days of receiving notice of the USCIS decision

regarding the family’s immigration status.

17.1.3 Informal Hearing Procedures for Residents Who Are Non-Citizens Pending a

USCIS Appeal

After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS, a resident

family may request that HABC or the privately owned/managed site provide a hearing. The

request for a hearing must be made either within 30 calendar days of receipt of HABC’s or the

privately owned/managed site’s notice of termination, or within 30 calendar days of receipt of the

USCIS appeal decision.

The informal hearing procedures for resident families whose tenancy is being terminated based on

immigration status are the same as for any grievance under the grievance procedures for resident

families.

17.1.4 Informal Hearing Procedures for Applicants

After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS, an

applicant family may request that HABC or the privately owned/managed site provide a hearing.

The request for a hearing must be made either within 30 calendar days of receipt of HABC’s or

the privately owned/managed site’s notice of denial, or within 30 calendar days of receipt of the

USCIS appeal decision.

HABC ACOP: Draft Date 7-26-19 17-3

The informal hearing procedures for applicant families are described below.

Informal Hearing Officer

HABC or the privately managed site will provide an informal hearing before an impartial

individual, who may be an HABC employee or an employee of the privately owned/managed site,

other than a person who made or approved the decision under review, and other than a person who

is a subordinate of the person who made or approved the decision.

Evidence

The family must be provided the opportunity to examine and copy at the family’s expense, at a

reasonable time in advance of the hearing, any documents in the possession of HABC or the

privately owned/managed site pertaining to the family’s eligibility status, or in the possession of

the USCIS (as permitted by USCIS requirements), including any records and regulations that may

be relevant to the hearing.

The family will be allowed to copy any documents related to the hearing at the family’s own cost.

The family must request discovery of HABC documents or the privately owned/managed site

documents no later than 12:00 p.m. two working days prior to the hearing.

The family must be provided the opportunity to present evidence and arguments in support of

eligible status. Evidence may be considered without regard to admissibility under the rules of

evidence applicable to judicial proceedings.

The family must also be provided the opportunity to refute evidence relied upon by HABC or the

privately owned/managed site, and to confront and cross-examine all witnesses on whose

testimony or information HABC or the privately owned/managed site relies.

Representation and Interpretive Services

The family is entitled to be represented by an attorney or other designee, at the family’s expense,

and to have such person make statements on the family’s behalf.

The family is entitled to request an interpreter. HABC or the privately owned/managed site will

provide a competent interpreter, free of charge, upon request. The family may also or instead

provide its own interpreter, at the expense of the family.

Recording of the Hearing

The family is entitled to have the hearing recorded by audiotape. HABC or the privately

owned/managed site may, but is not required to, provide a transcript of the hearing. A transcript

of an audio taped informal hearing will not be provided by HABC or the privately owned/managed

site.

Hearing Decision

HABC or the privately owned/managed site will provide the family with a written notice of the

final decision, based solely on the facts presented at the hearing, within 10 working days of the

date of the informal hearing. The notice must state the basis for the decision.

HABC ACOP: Draft Date 7-26-19 18-1

CHAPTER 18: COMPLAINTS AND GRIEVANCES

18.1 INTRODUCTION

A resident may submit a grievance to the Asset Manager for the property in which the resident

resides. The grievance process consists of two steps: (1) the informal resolution process and the

hearing process. The grievance process is described in the Resident Grievance Policy, which is

attached to this ACOP as Appendix G: RESIDENT GRIEVANCE POLICY AND

PROCEDURES

HABC ACOP: Draft Date 7-26-19 19-1

CHAPTER 19: COMMUNITY SERVIC

19.1 OVERVIEW

Residents must comply with the community service and self-sufficiency requirement (CSSR), as

required by law. Community service is the performance of voluntary work or duties that are a

public benefit, and that serve to improve the quality of life, enhance resident self-sufficiency, or

increase resident self-responsibility in the community. Community service is not employment and

may not include political activities. In administering community service requirements, HABC and

the privately owned/managed sites will comply with all nondiscrimination and equal opportunity

requirements.

19.2 EXEMPT RESIDENTS

An adult (meaning a person aged 18 or older) member of the household who qualifies as outlined

below is considered to be exempt from the CSSR:

• Is 62 years of age or older.

• Blind or disabled, as defined under 216(i)(1) or 1614 of the Social Security Act (42 U.S.C.

Section 416(i)(1); Section 1382c), and who certify that, because of this disability, she or

he is unable to comply with the service provisions of this subpart, or is a primary caretaker

of such individual; or

• Engaged in work activities. See Work Activities);

• Able to meet requirements under a state program funded under part A of title IV of the

Social Security Act (42 U.S.C. Section 601 et seq.) or under any other welfare program in

Maryland, including a state-administered Welfare-to-Work program; or;

• A member of a family receiving assistance, benefits, or services under a state program

funded under part A of title IV of the Social Security Act (42 U.S.C. Section 601 et seq.),

or under any other welfare program of Maryland, including a state-administered Welfare-

to-Work program, and has not been found by the state or other administering entity to be

in non-compliance with such a program.

Individuals who have special circumstances which they believe will prevent them from completing

the required community service hours for a given month, must notify HABC or the privately

owned/managed site in writing. HABC or the privately owned/managed site will review the

request and notify the individual of its determination. HABC or the privately owned/managed site

may require those individuals to provide documentation to support their claim.

HABC or the privately owned/managed site will make the final determination as to whether to

grant an exemption from the community service requirement. If a resident does not agree with

HABC’s or the privately owned/managed site’s determination, the resident may dispute the

HABC ACOP: Draft Date 7-26-19 19-2

decision through HABC’s or the privately owned/managed site’s grievance procedures, whichever

is applicable.

19.3 WORK ACTIVITIES

An individual may be exempt from the CSSR requirement because he/she is engaged in work

activities. Thirty (30) hours is the minimum number of hours for a work activity to be eligible for

the exemption.

The person must be participating in an activity that meets one of the following definitions of “work

activity” contained in Section 407(d) of the Social Security Act (42 U.S.C. Section 607(d)):

a. Unsubsidized employment.

b. Subsidized private sector employment.

c. Subsidized public-sector employment.

d. Work experience (including work associated with the refurbishing of publicly assisted

housing) if sufficient private sector employment is not available.

e. On-the-job-training.

f. Job-search.

g. Community service programs.

h. Vocational educational training (not to exceed 12 months with respect to any individual).

i. Job-skills training directly related to employment.

j. Education directly related to employment in the case of a recipient who has not received a

high school diploma or a certificate of high school equivalency.

k. Satisfactory attendance at secondary school or in a course of study leading to a certificate

of general equivalency, in the case of a recipient who has not completed secondary school

or received such a certificate.

19.4 BASIC COMMUNITY SERVICE & SELF-SUFFICIENCY REQUIREMENT

• Each non-exempt adult in a household must contribute and document 8 hours of

community service per month or participate in an economic self-sufficiency program for 8

hours per month.

HABC ACOP: Draft Date 7-26-19 19-3

• The CSSRs may also be met by performing a combination of community service and

participation in an economic self-sufficiency program.

• The CSSR activities may be completed at 8 hours each month or may be aggregated across

a year. Any blocking of hours is acceptable as long as 96 hours is completed annually.

• CSSR activities must be performed within the City of Baltimore and not outside the

jurisdictional area of HABC. The exception to this rule would be adults who are enrolled

in full-time higher education or vocational training. Their hours of education would count

toward the requirement.

• Political activity is excluded.

• Work activity must not take the place of work performed by paid employees; however,

residents may do community service on HABC or the privately owned/managed site

property or with or through HABC or the privately owned/managed site programs to assist

or enhance work done by an HABC or the privately owned/managed site employee.

• At lease execution and regular reexamination, each adult member (18 or older) of a

federally assisted housing resident household must sign an acknowledgement that he/she

has received and read the CSSR. Further the resident acknowledgement includes resident

understanding that failure to comply with the CSSR will result in lease nonrenewal.

• Residents must provide notice to HABC or the privately owned/managed site of a change

in exempt status, (see status definitions here)

19.5 OBLIGATIONS OF HABC AND THE PRIVATELY OWNED/MANAGED SITES

HABC or the privately owned/managed site will give each household a written description of the

community service requirements, the process for claiming status as an exempt person, and the

process for HABC or the privately owned/managed site to verify exempt status. To the greatest

extent possible and practicable, HABC and its asset managers and the privately owned/managed

sites and their property managers will:

• Provide names and contacts at agencies that can provide opportunities for residents,

including those with disabilities, to fulfill their CSSR; and

• Provide referrals for volunteer work or self-sufficiency programs.

Additionally, HABC and the privately owned/managed sites will:

• Provide the household with recording/certification documentation forms and a copy of the

Community Service policy.

HABC ACOP: Draft Date 7-26-19 19-4

• Determine exempt or non-exempt status regarding community service and notify the

household of the determination.

• Review family compliance with CSSRs and will verify such compliance in conjunction

with the regular reexamination schedule.

• Take appropriate action for failure to comply with the CSSR.

• Follow HUD guidance on self-certifications of completion of the CSSR.

19.6 COMMUNITY SERVICE

Community Service is volunteer work that benefits the property or the local neighborhood.

Eligible community service activities include, but are not limited to:

• Serving at local public or nonprofit institutions, such as: schools, Head Start Programs,

before-or after-school programs, childcare centers, hospitals, clinics, hospices, nursing

homes, recreation centers, senior centers, adult daycare programs, homeless shelters,

feeding programs, food banks (distributing either donated or commodity foods), or clothes

closets (distributing donated clothing);

• Serving at non-profit organizations serving HABC residents or their children or the

residents of the federally assisted units in the privately owned/managed sites and their

children, such as: Boy or Girl Scouts, Boys or Girls Club, 4-H Clubs, Police Activities

League (PAL), organized children's recreation, mentoring or education programs, Big

Brothers or Big Sisters, Garden Centers, community clean-up programs or beautification

programs.

• Serving at programs funded under the Older Americans Act, such as: Green Thumb,

Service Corps of Retired Executives, senior meals programs, senior centers, Meals on

Wheels.

• Serving at public or nonprofit organizations dedicated to seniors, youth, children, residents,

citizens, special-needs populations or with missions to enhance the environment, historic

resources, cultural identities, neighborhoods or performing arts.

• Serving at HABC properties or the privately owned/managed sites to improve grounds or

provide gardens (so long as such work does not alter HABC’s or the privately

owned/managed site’s insurance coverage); or work through resident organizations to help

other residents with problems, including serving on the Resident Advisory Board, outreach

and assistance with HABC or the privately owned/managed site-run self-sufficiency

activities including supporting computer learning centers; and

• Providing care for the children of other residents so parents may volunteer.

HABC ACOP: Draft Date 7-26-19 19-5

19.7 SELF-SUFFICIENCY ACTIVITIES

For purposes of satisfying the CSSR, an economic self-sufficiency program is defined by HUD as:

Any program designed to encourage, assist, train, or facilitate economic independence of assisted

households or to provide work for such households. The self-sufficiency hours counted toward

the monthly community service requirement will be the hours when a non-exempt adult is actually

attending class or engaged in job training. It will not include time in transit.

Economic self-sufficiency programs include, but are not limited to:

• Job readiness or job training while not employed.

• Training programs through local One-Stop Career Centers, Workforce Investment Boards

(local entities administered through the U.S. Department of Labor), or other training

providers.

• Higher education (junior college or college);

• Apprenticeships (formal or informal);

• Substance abuse or mental health counseling.

• Reading, financial and/or computer literacy classes.

• English as a second language and/or English proficiency classes; and

• Budgeting and credit counseling.

19.8 COMMUNITY & SELF-SUFFICIENCY REQUIREMENT PARTNERSHIPS

HABC or the privately owned/managed site may, through their Family Self-Sufficiency programs,

coordinate Individual Training and Service Plans (ITSPs) with the CSSR. Specific CSSR activities

may be included in the ITSPs to enhance a person’s progress toward self-sufficiency. Regular

meetings with service coordinators may satisfy CSSR activities. Service coordinators may verify

community service hours within individual monthly logs.

19.9 DOCUMENTATION AND VERIFICATION

If qualifying activities are administered by an organization other than HABC, a family member

who is required to fulfill a service requirement must provide one of the following:

• A signed certification to HABC by such other organization that the family member has

performed such qualifying activities; or

HABC ACOP: Draft Date 7-26-19 19-6

• A signed self-certification to HABC by the family member that he or she has performed

such qualifying activities.

If a signed self-certification is used to verify CSSR requirements, the signed self-certification must

include the following:

• A statement that the resident contributed at least 8 hours per month of community service

not including political activities within the community in which the adult resides; or

participated in an economic self-sufficiency program as set forth in section 1.7 (Self-

Sufficiency Activities) above for at least 8 hours per month.

• The name, address, and a contact person at the community service provider; or the name,

address, and contact person for the economic self-sufficiency program.

• The date(s) during which the resident completed the community service activity or

participated in the economic self-sufficiency program.

• A description of the activity completed; and

• A certification that the resident’s statement is true.

HABC and the privately owned/managed sites will follow HUD guidance on self-certifications of

completion of the CSSR.

If anyone in the household is subject to the community service requirement, HABC or the privately

owned/managed site will provide the household with community service documentation forms.

At lease execution and during the regular recertification process, each adult member (18 or older)

of a federally assisted housing resident household must sign an acknowledgement that he/she has

received and read the CSSR. Further the resident acknowledgement includes a statement that the

resident understands that failure to comply with the CSSR lease termination of tenancy.

At lease execution and during the regular recertification process each exempt adult member must

provide documentation that they are exempt from the CSSR.

If HABC or the privately owned/managed site has reasonable cause to believe that the certification

provided by the household is false or fraudulent, HABC or the privately owned/managed site has

the right to request additional documentation to verify CSSR participation.

HABC or the privately owned/managed site will retain reasonable documentation of service

requirement performance or exemption in participant files.

HABC or the privately owner/managed site will conduct QC on the required sample size of CSSR

certifications.

HABC ACOP: Draft Date 7-26-19 19-7

19.10 CHANGE IN STATUS BETWEEN ANNUAL DETERMINATIONS

Exempt to Non-Exempt Status

If an exempt individual becomes non-exempt during the twelve-month lease term, it is the

household’s responsibility to report this change to HABC or the privately owned/managed site

within 10 working days.

After reporting such a change, or HABC or the privately owned/managed site determining such a

change is necessary, HABC or the privately owned/managed site will provide written notice of the

effective date of the CSSR requirement, a list of agencies in the community that provide volunteer

and/or training opportunities or other activities that qualify, as well as a documentation form on

which the household member may record the activities performed and number of hours

contributed.

The effective date of the community service requirement will be the first of the following month.

Non-Exempt to Exempt Status

If a non-exempt person becomes exempt before the next regular reexam, it is the household’s

responsibility to report this change to HABC or the privately owned/managed site within 10

working days. Any claim of exemption will be verified by HABC or the privately owned/managed

site.

After reporting such a change, or HABC or the privately owned/managed site determining such a

change is necessary, HABC or the privately owned/managed site will provide the household

written notice that the household member is no longer subject to the community service

requirement.

The exemption will be effective immediately.

19.11 NOTICE OF NON-COMPLIANCE OF A NON-EXEMPT HOUSEHOLD

MEMBER

In the event a resident does not provide documentation of the CSSR, the resident will have 5

working days to submit to HABC, or the privately owned/managed site required documentation

form(s). If the resident fails to submit the documentation within the required time frame or within

any HABC or the privately owned/managed site approved extension, the resident will be

considered non-compliant with the CSSR and a notice of non-compliance will be issued. The

notice of non-compliance will include:

• A brief description of the finding of non-compliance with the CSSR.

• A statement that HABC or the privately owned/managed site will terminate the tenancy

before the next regular recertification unless the resident enters into a written cure

agreement with HABC or the privately owned/managed site or the household provides

HABC ACOP: Draft Date 7-26-19 19-8

written assurance that is satisfactory to HABC or the privately owned/managed site

explaining that the non-compliant resident no longer resides in the unit.

19.12 ENFORCEMENT DOCUMENTATION

If a resident is non-compliant with the CSSR, HABC or the privately owned/managed site will

terminate the tenancy before the next regular recertification unless the resident agrees to enter into

a cure agreement, or the household provides a written declaration that the non-compliant

household member no longer resides in the unit

The cure agreement includes the means through which a non-compliant household member will

comply with the CSSR requirement. The household will have 10 working days from the date of

the notice of non-compliance to enter into a cure agreement to cure the non-compliance before the

next recertification. If after the cure period, the household member is still not compliant with the

CSSR, HABC or the privately owned/managed site shall terminate tenancy of the entire household,

in accordance with the lease, unless the household provides documentation that the non-compliant

household member no longer resides in the unit.

If the household reports that a noncompliant household member is no longer residing in the unit,

the household must provide documentation that the household member has actually vacated the

unit before HABC, or the privately owned/managed site will agree to continued occupancy of

the household. Documentation must consist of a certification signed by the head of household as

well as evidence of the current address of the household member that previously resided with

them.

If the household does not request a grievance hearing or does not take corrective action required

by the notice of noncompliance within the required 10 business day timeframe, HABC or the

privately owned/managed site will terminate tenancy in accordance with the lease termination

policy found in this ACOP.

19.13 IMPLEMENTATION OF COMMUNITY SERVICE

HABC and the privately owned/managed sites will not substitute any community service or self-

sufficiency activities performed by residents for work ordinarily performed by HABC or the

privately owned/managed site employees or replace a job at any location where residents perform

activities to satisfy the service requirement.

HABC ACOP: Draft Date 7-26-19 20-1

CHAPTER 20: RECORD KEEPING

20.1 INTRODUCTION

The policies that are discussed in the sections of this chapter below are:

• Record Keeping

• Reporting and Record Keeping for Children with Environmental Intervention Blood Lead

Level

20.2 RECORD KEEPING

HABC will maintain complete and accurate accounts and other records for the program in

accordance with HUD requirements, in a manner that permits a speedy and effective audit. All

such records must be made available to HUD or the Comptroller General of the United States upon

request.

In addition, HABC and the privately owned/managed sites will ensure that all applicant and

resident files are maintained in a way that protects the residents’ privacy rights.

20.2.1 Record Retention

HABC and the privately owned/managed sites will keep the last three years of the Form HUD-

50058 and supporting documentation during the term of each assisted lease, and for a period of at

least seven years from the end of participation (EOP) date.

During the term of each public housing tenancy, and for at least seven years thereafter, HABC will

keep all documents related to a family’s eligibility, tenancy, and termination. In addition, HABC

will keep the following records for at least seven years:

• The application files of the families who have been determined to be ineligible or who have

been withdrawn (the 7 years will be calculated based on the date of the ineligibility

determination or withdrawal);

• Lead-based paint records.

• Documentation supporting the establishment of flat rents and the public housing maximum

rent for mixed families.

• Documentation supporting the establishment of utility allowances and excess consumption

charges.

HABC ACOP: Draft Date 7-26-19 20-2

• Accounts and other records supporting HABC budget and financial statements for the

program.

• Complaints, investigations, notices, and corrective actions related to violations of the Fair

Housing Act, Section 504 of the Rehabilitation Act of 1973, or the equal access final rule;

and

• Other records as determined by HABC or as required by HUD.

Except for lead-based paint records, which must be retained for seven years, privately

owned/managed sites may establish their own record keeping policy consistent with HUD

regulations and guidance.

20.2.2 Record Retention – Citizenship Status

HABC and the privately owned/managed sites will retain for a minimum of five years the

following documents that may have been submitted to HABC or the privately owned/managed site

by the family, or provided to HABC or the privately owned/managed site as part of the USCIS

appeal or HABC’s informal hearing process:

• The application for assistance

• The form completed by the family for income reexamination

• Photocopies of any original documents, including original USCIS documents

• The signed verification consent form

• The USCIS verification results

• The request for a USCIS appeal

• The final USCIS determination

• The request for an informal hearing

• The final informal hearing decision

20.2.3 Records Management

HABC and the privately owned/managed sites will maintain applicant and resident files and

information in accordance with HUD’s regulations and guidance.

HABC ACOP: Draft Date 7-26-19 20-3

All applicant and participant information will be kept in a secure location and access will be limited

to authorized HABC and, as applicable, privately owned/managed site staff.

HABC and the privately owned/managed site staff will not discuss personal family information

unless there is a business reason to do so. Inappropriate discussion of family information or

improper disclosure of family information by staff will result in disciplinary action.

20.2.4 Privacy Act Requirements

The collection, maintenance, use, and dissemination of Social Security numbers, employer

identification numbers, any information derived from these numbers, and income information of

applicants and residents must be conducted, to the extent applicable, in compliance with the

Privacy Act of 1974, and all other provisions of federal, state, and local law.

Applicants and residents, including all adults in the household, are required to sign a consent form,

HUD-9886, Authorization for Release of Information. This form incorporates the Federal Privacy

Act Statement and describes how the information collected in the form may be used, and under

what conditions HUD, HABC or the privately owned/managed sites may release the information

collected.

20.2.5 Upfront Income Verification (UIV) Records

HABC and the privately owned/managed sites access UIV data through HUD’s Enterprise Income

Verification (EIV) system and have adopted and follow specific security procedures to ensure that

all EIV data is protected in accordance with federal laws, regardless of the media on which the

data is recorded (e.g., electronic, paper).

20.2.6 Criminal Records

HABC and the privately owned/managed sites may only disclose the criminal conviction records

which HABC or the privately owned/managed sites receive from a law enforcement agency to

officers or employees of HABC and the privately owned/managed sites, or to authorized

representatives of HABC or the privately owned/managed sites who have a job-related need to

have access to the information.

Any criminal record received by HABC or a privately owned/managed site from a law enforcement

agency will be maintained confidentially, not misused or improperly disseminated, and destroyed,

once the purpose for which the record was requested has been accomplished, including expiration

of the period for filing a challenge to an action by HABC or the privately owned/managed site

without institution of a challenge or final disposition of any such litigation.

Any sex offender registration information received by HABC or a privately owned/managed site

from a state or local agency will be maintained confidentially, not misused or improperly

HABC ACOP: Draft Date 7-26-19 20-4

disseminated, and destroyed, once the purpose for which the record was requested has been

accomplished, including expiration of the period for filing a challenge to an action by HABC or

the privately owned/managed site without institution of a challenge or final disposition of any such

litigation.

A record of criminal background and sex offender registration requirement screening, including

the type of screening and the date performed, shall be retained.

20.2.7 Medical/Disability Records

HABC and the privately owned/managed sites will not inquire about the nature or extent of a

person’s disability. HABC and the privately owned/managed sites will not inquire about a

person’s diagnosis or details of treatment for a disability or medical condition. If HABC or a

privately owned/managed site receives a verification document that provides such information,

HABC or the privately owned/managed site will not place this information in the resident file.

HABC or the privately owned/managed sites will destroy the document or redact the confidential

medical information.

20.2.8 Domestic Violence, Dating Violence, Sexual Assault, or Stalking Records

For requirements and HABC policies related to management of documentation obtained from

victims of domestic violence, dating violence, sexual assault, or stalking, see VAWA policies

contained in this ACOP.

20.3 REPORTING REQUIREMENTS FOR CHILDREN WITH ENVIRONMENTAL

INTERVENTION BLOOD LEAD LEVEL

HABC and the privately owned/managed sites shall report the name and address of a child living

in federally assisted housing, who is identified as having an elevated blood lead level to the public

health department after being so notified by any other medical health care professional. HABC

and the privately owned/managed sites will also report each known case of a child with an elevated

blood lead level to the HUD field office.

HABC ACOP: Draft Date 7-26-19 21-1

CHAPTER 21: PROGRAM INTEGRITY

21.1 INTRODUCTION

This chapter outlines HABC's policies for the prevention, detection and investigation of program

abuse and resident fraud, which the privately owned/managed sites are required to follow.

Additionally, this chapter describes HABC's policies for the recovery of monies that have been

underpaid

by families as well as remedies for errors or program abuse caused by HABC or the

privately owned/managed sites.

21.2 DETECTING ERRORS AND PROGRAM ABUSE

HABC and the privately owned/managed sites may use a variety of activities to detect errors and

program abuse including but not limited to:

• Quality Control and Analysis of Data: HABC and the privately owned/managed sites

may employ a variety of methods including the use of EIV and other non-HUD sources of

up-front income verification and file reviews.

• Independent Audits and HUD Monitoring: HABC and the privately owned/managed

sites will use the results reported in any independent audits or HUD monitoring reports to

identify potential program abuses as well as to assess the effectiveness of the error

detection and abuse prevention efforts employed by HABC and the privately

owned/managed sites.

• Individual Reporting of Possible Errors and Program Abuse: HABC and the privately

owned/managed sites will encourage staff, residents, and the public to report possible

program abuse.

• Public Records: Public records may be reviewed.

• State Wage Data Record Keepers: Pursuant to federal and state laws, inquiries may be

made annually to detect unreported wages or unemployment compensation benefits.

• Credit Bureau Inquiries: Credit bureau inquiries are made routinely to verify applicant

information as part of the applicant screening process.

21.3 INVESTIGATING ERRORS AND PROGRAM ABUSE

HABC and the privately owned/managed sites will review referrals, specific allegations,

complaints, and tips from any source including other agencies, companies, and individuals, to

determine if they warrant investigation. HABC and the privately owned/managed sites may

investigate when inconsistent or contradictory information is detected through file reviews and the

verification process.

HABC ACOP: Draft Date 7-26-19 21-2

21.3.1 Consent to Release of Information

HABC and the privately owned/managed sites may investigate possible instances of error or abuse

pertaining to their applicants and residents. HABC and the privately owned/managed sites will

use available records in conducting their investigations. If necessary, HABC and the privately

owned/managed sites will require families to sign consent forms for the release of additional

information.

21.3.2 Analysis and Findings

HABC and the privately owned/managed sites will base their evaluations on a preponderance of

the evidence (see glossary) collected during their investigations.

For each investigation HABC or the privately owned/managed site will determine:

• Whether an error or program abuse has occurred.

• Whether any amount of money is owed to HABC or the privately owned/managed site;

• What corrective measures or penalties will be assessed, if any; and

• Whether the matter should be referred to HABC’s Internal Audits and Investigation Unit.

21.4 DOCUMENTS, EVIDENCE AND STATEMENTS

Documents and other evidence obtained by HABC and the privately owned/managed sites during

an investigation will be considered confidential and will either be kept in the resident file, or in a

separate work file. Cases under review will not be discussed among staff unless they are involved

in the investigation or have information which may assist in the investigation.

21.5 CONSIDERATIONS FOR IMPOSING PENALTIES FOR FAMILY CAUSED

VIOLATIONS

Whether HABC or the privately owned/managed site will enforce other corrective actions and

penalties identified in sections 20.7 through 20.9 of this chapter depends upon the nature of the

error or program abuse.

In the case of family-caused errors or program abuse, HABC will take into consideration:

• The seriousness of the offense and the extent of participation or culpability of individual

family members.

HABC ACOP: Draft Date 7-26-19 21-3

• Any special circumstances surrounding the case.

• Any mitigating circumstances related to the disability of a family member; and

• The effects of a particular remedy on family members who were not involved in the offense.

21.6 NOTICE AND APPEALS

HABC and the privately owned/managed sites will inform the relevant party in writing of its

findings and remedies after the conclusion of the investigation.

The notice will include:

• A description of the error or program abuse.

• The basis on which HABC or the privately owned/managed site determined the error or

program abuses.

• The remedies to be employed; and

• The family’s right to appeal the results through an informal hearing or grievance hearing,

if applicable.

21.7 DISPOSITIONS OF CASES INVOLVING MISREPRESENTATIONS

In all cases of misrepresentations involving efforts to recover monies owed, HABC or the privately

owned/managed site may pursue one or more of the following actions:

Criminal Prosecution

When HABC or the privately owned/managed site determines that program abuse by a family has

occurred and the amount of the violation meets or exceeds the threshold for prosecution under

local or state law, HABC or the privately owned/managed site will refer the matter to the

appropriate entity for prosecution. When the amount of the violation meets or exceeds the federal

threshold, the case will also be referred to the HUD Office of Inspector General (OIG).

Administrative Remedies

HABC or the privately owned/managed site may:

• Terminate tenancy and demand payment of restitution in full.

• Terminate tenancy and execute an administrative payment agreement.

• Terminate tenancy and pursue restitution through civil litigation.

HABC ACOP: Draft Date 7-26-19 21-4

• Continue assistance at the correct rent upon payment of restitution in full.

• Permit continued occupancy at the correct rent and execute an administrative payment

agreement.

21.8 FAMILY DEBT

HABC or the privately owned/managed site will have appropriate documentation supporting that

a debt is owed by the family. The written documentation will include the method of calculation,

in a clear format, for review by the family.

When families owe money to HABC or to a privately owned/managed site, HABC or the privately

owned/managed site will make reasonable efforts to collect it. HABC or the privately

owned/managed site will use a variety of collection tools to recover debts including, but not limited

to:

• Requests for lump sum payments

• Civil suits

• Payment agreements

• Collection agencies

• Credit bureaus

21.9 PAYMENT AGREEMENT FOR FAMILIES

A “Payment Agreement,” as used in this ACOP, is a document entered into between HABC or a

privately owned/managed site and the head of household, spouse/co-head, if any, who owes a debt

to HABC or the privately owned/managed site in connection with the tenancy. The payment

agreement contains details regarding the nature of the debt, the terms of payment, any special

provisions of the agreement, and the remedies available to HABC or the privately owned/managed

site upon default of the agreement. Any payment agreement between HABC or a privately

owned/managed site and a family must be signed and dated by HABC or the privately

owned/managed site and by the head of household and spouse/co-head (if applicable).

The maximum amount for which HABC and the privately owned/managed sites will enter into a

payment agreement with a family is $2,500.00, except as provided below.

The maximum length of time HABC and the privately owned/managed sites will enter into a

payment agreement with a family is 24 months. All payments are due by the close of business on

HABC ACOP: Draft Date 7-26-19 21-5

the 1

day of the month. If the 1

does not fall on a business day, the due date is the close of

business on the first business day after the 1

21.9.1 Guidelines for Payment Agreements

Payment agreements will be executed between HABC or the privately owned/managed site and

the head of household and co-head/spouse, if any. The monthly payment agreement amount and

the monthly rent amount together may not exceed 40% of the family’s monthly adjusted income.

If a family underreported or failed to report income and a payment agreement is executed, the

following provisions will be included:

• A reference to the items in the public housing lease that state the family’s obligation to

provide true and complete information at every reexamination and the grounds on which

HABC or the privately owned/managed site may terminate assistance because of a family’s

action or failure to act.

• A statement clarifying that each month the family not only must pay to HABC or the

privately owned/managed site the monthly payment amount specified in the agreement but

must also pay to HABC or the privately owned/managed site the monthly tenant rent.

• A statement that the terms of the payment agreement may be renegotiated if the family’s

income decreases or increases; and

• A statement that late or missed payments constitute default of the payment agreement and

may result in termination of tenancy.

Monthly payments may be decreased in cases of financial hardship. Families must make a written

request for a hardship consideration, which must include supporting documentation of the financial

hardship. HABC or the privately owned/managed site will verify the financial hardship and

provide a written response on the decision regarding the hardship request.

Payment agreements will follow the schedule below; however, HABC reserves the right to modify

the maximum term on a case-by-case basis.

Initial Payment

Due: (% of Total)

Amount)

Amount Owed

Maximum Term

25%

0 - $500

6 months

25%

$501- $1,000

10 months

50%

$1,001 - $2,500

24 months

21.9.2 Late Payments

HABC ACOP: Draft Date 7-26-19 21-6

A payment will be in arrears if the payment has not been received by the close of the business day

on which the payment was due, and prior approval for the missed payment has not been given by

HABC or the privately owned/managed site. If the due date is on a weekend or a holiday, the due

date will be at the close of the next business day.

If the family's payment agreement is in arrears, HABC or the privately owned/managed site will

send the family a delinquency notice giving the family 10 working days to make the late payment.

If the payment is not received by the due date set forth in the delinquency notice, it will be

considered a breach of the agreement and HABC or the privately owned/managed site may

terminate tenancy in accordance with the termination policies. HABC or the privately

owned/managed site may also require the family to pay the balance in full and/or pursue civil

collection of the balance due, in addition to termination of tenancy.

21.9.3 No Offer of Payment Agreement

The circumstances in which HABC or the privately owned/managed site will not enter into a

payment agreement are, as follows:

• If the family already has a payment agreement in place; or

• If HABC or the privately owned/managed site determines that the debt is so large that it

would take more than 24 months to repay.

21.9.4 Additional Monies Owed

If the family has a payment agreement in place and incurs an additional debt to HABC or the

privately owned/managed site, the payment agreement may be amended so that the additional

amounts owed by the family will be added to the existing payment agreement if the payments

can be completed within 24 months of the date of the original agreement and do not exceed

40% of the family’s adjusted monthly income.

21.9.5 Transfers and Payment Agreements

If the family requests a transfer to another unit and has a payment agreement in place and the

payment agreement is not in arrears, the family will be permitted to move. Exceptions for

families who are in arrears will be considered on a case-by-case basis and make take into

account situations including but not limited to emergencies, reasonable accommodations and

occupancy standards.

21.10 ERRORS OR PROGRAM ABUSE CAUSED BY HABC OR PRIVATELY

OWNED/MANAGED SITE STAFF

HABC ACOP: Draft Date 7-26-19 21-7

This section specifically addresses actions of an HABC staff member or a privately

owned/managed site staff member that are considered errors or program abuse related to a federal

housing program. Additional standards of conduct may be provided in the HABC personnel policy

or in the personnel policies of the privately owned/managed site.

21.10.1 HABC or Privately Owned/Managed Staff Caused Errors

HABC or privately owned/managed staff-caused incorrect rental determinations include failing to

correctly apply federal housing rules regarding family composition, income, assets, and expenses,

errors in calculation.

21.10.2 Program Abuse by Staff

Any of the following will be considered evidence of program abuse by HABC or privately

owned/managed site staff:

• Failing to comply with federal housing program requirements for personal gain.

• Failing to comply with federal housing program requirements as a result of a conflict-of-

interest relationship with any applicant or resident.

• Seeking or accepting anything of material value from applicants, residents, vendors,

contractors, or other persons who provide services or materials to HABC or the privately

owned managed site.

• Disclosing confidential or proprietary information to outside parties.

• Gaining profit because of insider knowledge of activities, policies, or practices of HABC

or the privately owned/managed site.

• Misappropriating or misusing federal housing funds.

• Destroying, concealing, removing, or inappropriately using any records related to the

federal housing program; or

• Committing any other corrupt or criminal act in connection with any federal housing

program.

21.10.3 Payment to HABC or the Privately Owned/Managed Sites

The family is not required to pay an underpayment of rent if the error or program abuse is caused

by HABC staff or staff of a privately owned/managed site.

HABC ACOP: Draft Date 7-26-19 21-8

21.10.4 Family Overpayment

HABC or the privately owned/managed site will credit a family for any family overpayment of

rent, regardless of whether the overpayment was the result of staff-caused error or staff program

abuse. If the family is no longer a resident of HABC or privately owned/managed housing, HABC

or the privately owned/managed site will reimburse the family.

HABC ACOP: Draft Date 7-26-19 22-1

CHAPTER 22: RENTAL ASSISTANCE DEMONSTRATION (RAD) POLICY

22.1 INTRODUCTION

HABC is converting certain public housing developments under RAD (RAD Sites), which after

conversion will be assisted by project based rental assistance subsidies. This chapter sets forth the

policies applicable to these RAD Sites.

The owners and managers of the RAD Sites will operate them in accordance with RAD

requirements and the agreements that establish criteria for tenant selection and continued

occupancy at the sites, which are the Long Term Affordable (LTA) Criteria, attached at Appendix

H:LONG TERM AFFORDABILITY CRITERIA.

22.2 RELOCATION PLANNING

Should residents require relocation because of acquisition, demolition, or rehabilitation for a

project converting under RAD, HABC requires the owners of the RAD Sites to undertake a

planning process in conformance with the Uniform Relocation Act (URA) in order to minimize

the adverse impact of relocation.

22.3 SCREENING

Existing residents shall not be rescreened at conversion. However, the owners/managers of the

RAD Sites may verify the existing residents’ income and household composition to determine if

they meet the Low-Income Housing Tax Credit requirements.

Current public housing residents or residents from other RAD Sites referred to the RAD Site who:

(i) are in good standing, (ii) meet the income-eligibility requirements for the RAD Site, and (iii)

are approved for a reasonable accommodation or immediate needs transfer to a RAD Site shall not

be rescreened.

Applicants from the HABC public housing waiting list referred to a RAD Site may be screened by

the RAD Sites in accordance with the LTA Criteria.

22.4 WAITING LIST

Owner and managers of RAD Sites are prohibited from establishing any site-based waiting list for

the RAD Sites. Applicants for units in the RAD Sites shall be referred by HABC from HABC's

public housing applicant and reasonable accommodation transfer waiting lists for leasing available

units in the RAD Sites.

HABC ACOP: Draft Date 7-26-19 22-2

22.5 RENT

Rent will be determined by the RAD owners and managers in accordance with the LTA Criteria.

The owners/managers of the RAD Sites will conduct initial income verifications, annual re-

examinations of income and interim certifications, as well as income verifications upon turnover.

22.6 TRANSFERS

RAD owners and managers will process transfers in accordance with the LTA Criteria unless

superseded by federal or state law.

22.7 PET POLICY

The RAD owners and managers shall follow the pet policy set forth in the LTA Criteria.

22.8 LEASE REQUIREMENTS

The RAD owners and managers shall follow the lease requirements set forth in the LTA Criteria.

22.9 REASONABLE ACCOMMODATION

The RAD owners and managers shall follow the reasonable accommodation policy set forth in the

LTA Criteria.

22.10 AVAILABILITY OF DOCUMENTS

The RAD owners and managers shall follow the policy regarding the availability of documents set

forth in the LTA Criteria.

22.11 RESIDENT PARTICIPATION

The RAD owners and managers shall follow the policy regarding resident participation set forth

in the LTA Criteria.

22.12 RAD LONG TERM AFFORDABLE RESIDENT GRIEVANCE POLICY AND

APPEALS PROCEDURE

The RAD owners and managers shall follow the grievance policy and appeals procedure set forth

in the LTA Criteria.

HABC ACOP: Draft Date 7-26-19 22-3

22.13 COMPLIANCE WITH APPLICABLE LAWS

The policies governing the RAD Sites shall not violate state or federal law. If the LTA Criteria

are deemed to be in violation of either state or federal law, or both, and in the event that a waiver

of any such law cannot be obtained, they shall be amended to ensure that said violations are cured

and that the LTA Criteria remain in compliance with applicable law.

HABC ACOP: Draft Date 7-26-19 23-1

CHAPTER 23:

SCATTERED SITE HOMEOWNERSHIP

LAN

23.1 INTRODUCTION AND SUMMARY

This section describes HABC’s Scattered Site Homeownership Plan under the Moving to Work

Demonstration Agreement (MTW).

The following outlines who will be eligible to purchase homes, which properties will be eligible,

the structure of the purchase financing, and how HABC administers the program.

23.2 ELIGIBLE PURCHASERS

23.2.1 Priority of Eligible Buyers

Eligible buyers are, in order of priority: (1) residents of scattered sites public housing units; (2)

residents of public housing developments; and (3) Housing Choice Voucher Program (HCVP)

(also known as Section 8) participants.

23.2.2 Prohibition Against Resident Displacement

Residents of scattered site properties will not be displaced to create a homeownership opportunity

for another family.

23.2.3 Principal Residence Requirement

Each eligible buyer must use the dwelling unit purchased as the principal residence of his or her

family. This restriction will be included in mortgage loan documents, closing cost grant assistance

agreements, the deed, and any other appropriate legal documents associated with the sale of the

property. Furthermore, if a family discontinues use of the property as its principal residence and

sells or rents the unit, recapture provisions of HABC’s investment in the rehabilitation of the

property, soft second mortgage assistance, appreciation, and/or settlement assistance will be

triggered.

23.2.4 Financial Capacity Requirement

HABC’s public housing homeownership program incorporates the following requirements and

guidelines:

• Income Eligibility will be determined through a combined analysis of gross income,

current debt, and obligations. All participant families must have an income level at or

HABC ACOP: Draft Date 7-26-19 23-2

below 80% of the AMI established for the Baltimore Metropolitan Area. A family must

meet a minimum income requirement such that they can qualify for a mortgage for 50% of

the appraised value of the house. The analysis of income and debt will determine how

much of a mortgage the family can afford. Participating families will be expected to fully

obtain first mortgage financing possible prior to determining the level of assistance they

may receive from HABC in the form of a soft second mortgage.

• Affordability – During the initial screening process, HABC’s Homeownership

Coordinator will compute the family’s income debt ratio based upon standards in

traditional lending products. The analysis of income and debt will determine how much of

a mortgage the family can afford. A family must qualify for a mortgage of at least 50% of

the appraised value of the house in order to purchase that house.

• Down Payment Requirement – Purchasers in the HABC’s homeownership program will

be required to make down payment of $250. This amount may be adjusted to prevent

creating financial hardship that would prevent purchase ability to pay for inspections,

appraisal and other related expenses.

• Minimum Cash Contribution – Purchasers in HABC’s homeownership program will be

required to invest a minimum of one percent (1%) of the purchase price of their homes or

$1,000, whichever is greater. The purchasing family must use its own resources other than

grants, gifts, credit cards, loans, and contributions, or similar amounts to invest an amount

of the down payment that is not less than one percent of the purchase price of the family’s

home or $1000, whichever is greater. This investment must be documented and verified

at the time of settlement. The purchasing family’s out of pocket paid expenses such as:

earnest money deposit, down payment, home inspections, appraisal, etc., may be credit

towards the family meeting the minimum cash contribution. One eligible source of funds

for meeting this down payment requirement will be the funds contributed by the family

into escrow accounts due to the family’s participation in HABC’s Family Self-Sufficiency

Program.

HABC’s Homeownership Office will inform families about available homeownership

incentive programs in the city and state. Such financial assistance will be made available

to eligible purchasers in HABC’s homeownership program for amounts in excess of one

percent of the purchase price or $1000, whichever is greater.

HABC will refund the earnest money deposit if the purchasing family is unable to obtain

mortgage financing or decides they are no longer interested in purchasing the property.

• Participation in a Homeownership Counseling Program: Participants in HABC’s

homeownership program will be required to obtain a certification that they completed an

HABC-approved homeownership counseling program prior to settlement. A list of HABC-

approved homeownership counseling agencies and the required counseling topics will be

available to participants. Participants in HABC’s homeownership program will also be

HABC ACOP: Draft Date 7-26-19 23-3

required to participate in post-purchase counseling. HABC will provide a list of appropriate

counseling agencies to participants.

23.2.5 Other Requirements

Participants must be residents in good standing at the time of the application and remain in good

standing through the settlement of the property. Good standing is defined as follows:

• The participant is in compliance with the current lease.

• The participant is not currently under investigation for possible lease violations.

• There is no HABC initiated breach of lease action against the participant.

• The participant’s rent payments are current (including utilities and other charges);

• The participant must have a record of timely rental payments (no more than 4 late rental

payments within a 12-month period) (for participants in the HCVP, the current landlord

must provide the participant’s payment history).

• The participant has not been evicted from public or private housing within the last 3 years.

• The participant was not terminated from the HCVP for program non-compliance.

• The participant must successfully pass a home inspection (no unit inspection violations);

• The participant must successfully pass a credit and criminal background check; and

• There is no evidence of a recurring breach of lease resulting in judgment in favor of HABC

or any other landlord within the past 24 months.

23.2.6 Participants Who Have a Family Member with a Disability

If a participant or any family member who will reside in the purchased home has a disability and

requires accessible features, the following reasonable accommodations and special assistance will

be provided:

• The family will be provided information and application assistance for the Maryland State

Disability Mortgage Program which has liberal underwriting criteria and may offer a lower

than market interest rate.

HABC ACOP: Draft Date 7-26-19 23-4

• The family will be given information about applying for a Direct Homeownership

Assistance grant for closing cost or down payment assistance (beyond the down payment

required from the buyer’s own funds), as long as program funds are available.

• Processing of a reasonable accommodation request for accessible features.

23.2.7 Selection Criteria and Methodology

The following guidelines, procedures, and principles will be applied to the Program:

• The selection process will follow priority tiers set forth in Section 21.2.1 (Priority of

Eligible Buyers).

• The length of residency in public housing may be considered during the selection process.

• Families displaced from the family’s residential housing unit by governmental action that

occurs in Baltimore City may receive a higher priority for program participation than

families not affected by such displacement.

• Families, who are initially not considered eligible, will be referred to credit counseling,

homeownership counseling, Family Self-Sufficiency programs, and other resources that

may help the family become eligible over time.

• Eligible families must meet all the program requirements of the Scattered Site

Homeownership program.

23.3 ELIGIBLE PROPERTIES

Only HABC owned scattered site properties are eligible for purchase under this program.

23.3.1 Property Feasibility

The determination as to which properties are eligible for homeownership will be made solely by

HABC based on its assessment of the community and the agency’s best interests.

The general scope of repairs and renovations to be considered for properties in the homeownership

program will consist of updating or upgrading heating, plumbing, electrical systems, windows,

appliances, cabinetry, and roofs. Replacement of flooring, walls, lights, and fixtures may also be

included. HABC limits the scope of repairs and renovations of units disposed of directly by HABC

to eligible purchasers to $75,000 per unit, which may be increased by HABC to accommodate

renovations related to disability accessibility or rehabilitation of properties within the historic

districts.

HABC ACOP: Draft Date 7-26-19 23-5

If a candidate family states a preference to buy its current residence, HABC will evaluate the

feasibility of satisfying that preference. The property must meet the rehabilitation cost limit test.

Rehabilitation cost limit test: the rehabilitation costs cannot be more than 1/3 of the appraised

value after rehab.

If the rehabilitation exceeds the cost limit or the family is unable to afford the unit, the family will

be offered choices among HABC’s vacant house inventory for which rehabilitation is completed

or well underway.

23.3.2 Home Inspections and Code Requirements

HABC’s properties rehabilitated for homeownership purposes will meet all of the relevant housing

and building code requirements of state and local law. The home buying family will be required

to obtain an independent home inspection for the family’s own information. A list of licensed and

qualified home inspectors may be obtained from the Maryland Department of Labor Licensing and

Regulation. The cost of the home inspections will be credited toward the buyer’s minimum cash

contribution.

23.3.3 Property Appraisals and Sales Price

HABC will contract for an independent appraisal of a property to establish a sales price, and thus

determine the feasibility of purchase by a participant. The appraisals will establish the after-rehab

value of the property, based upon a scope of work for planned rehabilitation. The potential

purchaser must be able to qualify for a first mortgage based on one-half of the appraised value of

the property.

23.4 FINANCING

23.4.1 First Mortgage Financing

The participant is responsible for obtaining first mortgage financing. HABC will strongly urge that

a participant secure a mortgage loan from a Fannie Mae or Freddie Mac approved lending

institution. If a participant chooses to use a mortgage broker, the mortgage broker must adhere to

HABC written policy.

Lenders must provide a good faith estimate to the participant that includes:

• Any points, fees, or other charges.

• Any mortgage insurance fees; and

HABC ACOP: Draft Date 7-26-19 23-6

• Any monthly escrow amounts required for property taxes and homeowner's insurance.

More specifically, lenders must not charge in excess of three (3) points -- one (1) point for the

origination fee and two (2) points for the mortgage interest rate discount. Lenders must charge

only the actual fee incurred by the lender for obtaining the credit report and appraisal and any other

documents and services required as part of the mortgage transaction. Lenders must adhere to the

disclosure requirements set forth in applicable federal law and regulations. No lender will be given

favored treatment by HABC.

Mortgage products funded by the State of Maryland and administered through the City Office of

Homeownership may be available to participants. These programs include the Maryland Tenant

Conversion Mortgage Program, which is designed to aid residents desiring to purchase their

current residences, and the Maryland Disability Mortgage Program.

Each assistance program may have its own provisions for recapture or repayment if the property

is sold or rented.

23.4.2 Ineligible First Mortgage Finance Products

HABC will not sell a property to a participant who obtains financing as a result of the following

mortgage products:

• No documentation loans

• Interest only loan

• Conventional 80/20 loan

• Adjustable-rate loan

• Balloon payment loans

Any loans for which prepayment penalties or fees are applicable, or will be assessed, are not

eligible for use with HABC homeownership programs.

23.4.3 Soft Second Mortgages

Subject to funding availability, HABC may offer non-cash, non-interest bearing second mortgages

to eligible homebuyers up to 25% of the after-rehab appraised value of the property, which may

be increased to up to 50% on a case-by-case basis or in extenuating circumstances as long as

HABC funding is available to support such mortgages. HABC second mortgage assistance may

be made only after eligible homebuyers have obtained a first mortgage commitment to the fullest

extent that their incomes allow. If the participating family can afford a first mortgage for the full

appraised value of the property, no soft second mortgage will be provided.

HABC ACOP: Draft Date 7-26-19 23-7

HABC requires that second mortgages be paid back in full during or after the first mortgage has

been paid in full, if the property or any part of the land thereof is refinanced, or if ownership is

transferred or sold.

Closing Costs – HABC may match closing costs up to $5,000 to be applied at closing. All closing

costs will be based on need and only apply after required personal contribution, government and/or

lender assistance have been applied.

23.4.4 Recapture Provisions and Deed Restrictions

If a property acquired through HABC’s scattered sites homeownership program is resold,

refinanced with a cash-out or leased, the following recapture provisions will take effect. During

the first five years of homeownership, HABC will be entitled to full reimbursement of the amount

of the non-cash second mortgage; and 50% of the appreciation of the property. After the fifth

anniversary of the sales date, if the property is resold, HABC will recapture decreasing

percentages of the non-cash second mortgage and appreciation. If a property purchased through

HABC’s Scattered Sites Homeownership program is resold, refinanced with a cash-out or leased,

during the first 10 years after sale, the following recapture provisions will take effect:

1) First 5 years – 50% of appreciation;

2) Years 6-10 – 25% of appreciation;

3) Year 11 and beyond – no recapture of appreciation.

23.4.5 Pre-sale Costs, Closing Costs, and Down Payment Requirement

Certain costs associated with the implementation of this program may be incurred prior to the sale

of a scattered site unit to a participant. Prior to the sale of the property, the unit is still owned by

HABC and the family is still an HABC resident or an HABC voucher participant. HABC will pay

for the appraisal conducted prior to sale for the purpose of establishing the sales price.

The traditional services of a real estate agent for either the buyer or the seller are not required.

Nonetheless, HABC will not prohibit participating families from employing the services of a

buyer’s agent. If a participant chooses to hire a real estate agent licensed to perform services in the

State of Maryland, the participant will be responsible for negotiating when the licensed real estate

agent will be paid and for paying that fee by closing. Agent commission fees will be limited to 3%

of the first mortgage amount.

23.4.6 Replacement Escrow Accounts

HABC strongly encourages the establishment of a replacement escrow account for each property

sold. The purpose of the account is to ensure that larger, and often unexpected, maintenance needs

or problems do not undermine the feasibility of homeownership for participating families.

HABC ACOP: Draft Date 7-26-19 23-8

Each buyer will be encouraged to make monthly contributions to the escrow account as part of the

first mortgage monthly payments. Maintenance escrow accounts provide a cushion for the new

homeowners and relegate some savings to cover maintenance needs.

23.4.7 Maintenance Contract and Warranties

HABC will strongly suggest that the homebuyer purchase a homeowner’s maintenance contract

from a reputable company. The cost typically ranges from $400 to $600 annually depending on

the selected plan. To assist in the annual purchase cost of the maintenance contract, the homeowner

may choose to establish a savings or escrow account.

HABC will guarantee that all major systems are operational and functional at the time of

settlement. In addition, homeowners will be provided manufacturer warranties for all new

appliances installed in the home. Homeowners will be responsible for contacting the manufacturer

regarding issues related to the appliances. Any warranties and guarantees may be voided if the

homeowner fails to provide proper care and maintenance or if it is determined that the problems

resulted from homeowner, family member and or guest misuse, neglect, or carelessness.

23.5 SCATTERED SITE HOMEOWNERSHIP PROGRAM ADMINISTRATION

23.5.1 Approval Process

The approval process is as follows:

• Residents on the rent roll are periodically mailed a preliminary interest application

describing the program and listing the documents required to submit an application.

• All completed applications are date stamped and processed according to date of receipt.

• The applicant’s ability to qualify for a mortgage is evaluated based on at least 50% of the

sales price of the property.

• All families who express interest in homeownership are required to attend homeownership

counseling. Prior to settlement, participants are required to provide a homeownership

counseling certificate, which must be dated within one year of property settlement.

• Participants are required to provide proof of financing prior to ratifying a sales contract.

23.5.2 Net Proceeds of Sales

HABC uses the proceeds of homeownership sales to further rehab units to be sold to buyers and

HABC ACOP: Draft Date 7-26-19 23-9

for other affordable housing purposes.

HABC ACOP: Draft 7-26-19 A-1

Appendix A: ACRONYMS USED IN PUBLIC HOUSING

1. ACC Annual contributions contract

2. ACOP Admissions and continued occupancy policy

3. ADA Americans with Disabilities Act of 1990

4. AIDS Acquired immune deficiency syndrome

5. AMI Area median income

6. AMP Asset management project

7. BR Bedroom

8. BRHP Baltimore Regional Housing Partnership (administers the Baltimore Housing

Mobility Program)

9. CDBG Community Development Block Grant (Program)

10. CFP Capital fund program

11. CFR Code of Federal Regulations (published federal rules that define and implement laws;

commonly referred to as “the regulations”)

12. CNI Choice Neighborhoods Initiative

13. COCC Central office cost center

14. CPI Consumer price index (published monthly by the Department of Labor as an inflation

indicator)

15. DOFA Date of final availability

16. EID Earned income disallowance

17. EIV Enterprise Income Verification

18. EIOP End of initial occupancy

19. EOP End of participation

20. EPC Energy performance contract

21. FDIC Federal Deposit Insurance Corporation

22. FHA Federal Housing Administration (HUD Office of Housing)

23. FHEO Fair Housing and Equal Opportunity (HUD Office of)

24. FICA Federal Insurance Contributions Act (established Social Security taxes)

HABC ACOP: Draft 7-26-19 A-2

25. FMR Fair market rent

26. FR Federal Register

27. FSLA Federal Labor Standards Act

28. FSS Family Self-Sufficiency (Program)

29. FY Fiscal year

30. FYE Fiscal year end

31. GAO Government Accountability Office

32. HA Housing authority or housing agency

33. HCV Housing choice voucher

34. HCVP Housing Choice Voucher Program

35. HERA Housing and Economic Recovery Act of 2008

36. HOPE VI Revitalization of Severely Distressed Public Housing Program

37. HOTMA Housing Opportunity Through Modernization Act of 2016

38. HUD Department of Housing and Urban Development

39. HUDCLIPS HUD Client Information and Policy System

40. IAIU Internal Audit and Investigations Unit (HABC unit that investigates certain types of

lease violations and reviews IVIW & VAWA transfer requests)

41. IMS Inventory Management System

42. IPA Independent public accountant

43. IRA Individual retirement account

44. IRS Internal Revenue Service

45. IV/IW Intimidated Victim/Intimidated Witness

46. JTPA Job Training Partnership Act

47. LBP Lead-based paint

48. LAP Language assistance program

49. LEP Limited English proficiency

50. LIHTC Low-income housing tax credit

51. LIPH Low-income public housing

HABC ACOP: Draft 7-26-19 A-3

52. LTA Long term affordable

53. MTW Moving to Work

54. NEDs Non-elderly persons with disabilities

55. NOFA Notice of funding availability

56. OGC HUD's Office of General Counsel

57. OIG HUD’s Office of Inspector General

58. OMB Office of Management and Budget

59. PASS Plan to Achieve Self-Support

60. PHA Public housing agency

61. PHAS Public Housing Assessment System

62. PIC PIH Information Center

63. PIH (HUD Office of) Public and Indian Housing

64. QA Quality assurance

65. QC Quality control

66. QHWRA Quality Housing and Work Responsibility Act of 1998 (also known as the Public

Housing Reform Act)

67. RAB Resident Advisory Board

68. RAD Rental Assistance Demonstration Program

69. REAC (HUD) Real Estate Assessment Center

70. RFP Request for proposals

71. RIGI Regional inspector general for investigation (handles fraud and program abuse

matters for HUD at the regional office level)

72. ROSS Resident Opportunity and Supportive Services

73. SSA Social Security Administration

74. SSI Supplemental security income

75. SWICA State wage information collection agency

76. TANF Temporary assistance for needy families

77. TPA Tenant participation activities

78. TR Tenant rent

HABC ACOP: Draft 7-26-19 A-4

79. TTP Total tenant payment

80. UA Utility allowance

81. UFAS Uniform Federal Accessibility Standards

82. UIV Upfront income verification

83. UPCS Uniform Physical Condition Standards

84. URA Uniform Relocation Act

85. URP Utility reimbursement payment

86. USCIS United States Citizens & Immigration Services

87. VAWA Violence Against Women Reauthorization Act of 2013

88. VCA Voluntary Compliance Agreement

HABC ACOP: Draft 7-26-19 B-1

Appendix B: GLOSSARY OF ACOP TERMS

1. Accessible. When used in reference to a building, physical structure or a portion of a building

or structure, including a dwelling unit, means capable of being approached, entered, exited

and used by individuals with disabilities, including persons who use wheelchairs. When used

with respect to a program, means affording persons with disabilities an equal opportunity to

participate in the program without disability-related barriers to access and incorporating the

effective communication requirements of 28 C.F.R §§ 35.160 – 35.164.

2. Accessible dwelling units. When used with respect to the design, construction or alteration

of an individual dwelling unit, means that the unit is located on an accessible route, and when

designed, constructed, or altered, can be approached, entered, and used by individuals with

physical disabilities. A unit that is on an accessible route and is adaptable and otherwise in

compliance with the standards set forth in 24 CFR 8.32 & 40, (the Uniform Federal

Accessibility Standards) is "accessible" within the meaning of this paragraph.

3. Accessible facility. All or any portion of a facility other than an individual dwelling unit used

by individuals with physical disabilities.

4. Accessible or accessibility features. Specific features added to housing units for use by a

person with a disability. Accessible or accessibility features include, but are not limited to,

grab bars, hand rails, lever handles on faucets, raised toilet seats and benches for a shower

or bathtub.

5. Accessible route. For persons with a mobility disability, a continuous, unobstructed path that

complies with space and reach requirements of the Uniform Federal Accessibility Standards

(UFAS). For persons with hearing or vision disabilities, the route need not comply with

requirements specific to mobility.

6. Actual and imminent threat. Actual and Imminent Threat mean words, gestures, actions, or

other indicators of a physical threat that (a) is real, (b) would occur within an immediate time

frame, and (c) could result in death or serious bodily harm.

7. Adaptability. The ability to change certain elements in a dwelling unit to accommodate the

needs of persons with disabilities and persons who do not have disabilities; or the ability to

meet the needs of persons with different types and degrees of disability.

8. Adjusted income. Annual income, less allowable HUD and HABC MTW deductions and

allowances.

9. Affiliated individual. With respect to an individual, a spouse, parent, brother, sister, or child

of that individual, or an individual to whom that individual stands in loco parentis (in the

place of a parent), or any individual, tenant, or lawful occupant living in the household of

that individual

HABC ACOP: Draft 7-26-19 B-2

10. Annual contributions contract (ACC). The written contract between HUD and HABC under

which HUD agrees to provide funding for a program under the 1937 Act, and HABC agrees

to comply with HUD requirements for the program.

11. Annual income. The anticipated total income of an eligible family from all sources for the

12-month period following the date of determination of income, computed in accordance

with the regulations.

12. Applicant (applicant family). A family that has applied for admission to a program but is not

yet a participant in the program.

13. Assets. (See net family assets.)

14. Auxiliary aids. Services or devices that enable persons with impaired sensory, manual, or

speaking skills to have an equal opportunity to participate in, and enjoy the benefits of,

programs or activities receiving federal financial assistance.

15. Bifurcate. With respect to a public housing or Section 8 lease, to divide a lease as a matter

of law such that certain tenants can be evicted or removed while the remaining family

members’ lease and occupancy rights are allowed to remain intact.

16. Child. A member of the family other than the family head, co-head or spouse who is under

18 years of age and who is not an emancipated minor.

17. Childcare expenses. Amounts anticipated to be paid by the family for the care of children

under 13 years of age during the period for which annual income is computed, but only where

such care is necessary to enable a family member to actively seek employment, be gainfully

employed, or to further his or her education and only to the extent such amounts are not

reimbursed. The amount deducted shall reflect reasonable charges for childcare. In the case

of childcare necessary to permit employment, the amount deducted shall not exceed the

amount of employment income that is included in annual income.

18. Citizen. All persons born or naturalized in the United States.

19. Co-head. An individual in the household who is equally responsible for the lease with the

head of household. A family may have a co-head or spouse but not both. A co-head never

qualifies as a dependent. The co-head must have legal capacity to enter into a lease.

20. Community service. The performance of voluntary work or duties that are a public benefit

and that serves to improve the quality of life, enhances resident self-sufficiency, or increases

resident self-responsibility in the community. Community service is not employment and

does not include political activities (except voter registration activities).

21. Confirmatory review. An on-site review performed by HUD to verify the management

performance of HABC.

HABC ACOP: Draft 7-26-19 B-3

22. Consent form. Any consent form approved by HUD, HABC or the privately owned/managed

sites to be signed by assistance applicants and residents to obtain information from any third-

party source.

23. Covered families. Statutory term for families who are required to participate in a welfare

agency economic self-sufficiency program and who may be subject to a welfare benefit

sanction for noncompliance with this obligation. The term includes families who receive

welfare assistance or other public assistance under a program for which federal, state, or local

law requires that a member of the family must participate in an economic self-sufficiency

program as a condition for the assistance.

24. Dating violence. Violence committed by a person who is or has been in a social relationship

of a romantic or intimate nature with the victim; and where the existence of such a

relationship shall be determined based on a consideration of the following factors:

• The length of the relationship

• The type of relationship

• The frequency of interaction between the persons involved in the relationship.

25. Dependent. A member of the family (except foster children and foster adults) other than the

family head, co-head or spouse, who is under 18 years of age, or is a person with a disability,

or is a full-time student.

26. Dependent Deduction. An exemption of $480 for each member of the family residing in the

household (other than the head, co-head or spouse, live-in aide or foster child) who is under

eighteen years of age or who is eighteen years of age or older and has a disability, or is a full-

time student.

27. Designated Housing Plan. The plan submitted by HABC and approved by HUD under

which HABC is permitted to designate a building, or portion of a building, for occupancy by

elderly families or families with disabilities.

28. Developments. See Housing Projects.

29. Disability assistance expenses. Reasonable expenses that are anticipated, during the period

for which annual income is computed, for attendant care and auxiliary apparatus for a family

member with a disability, and that are necessary to enable a family member (including the

member with the disability) to be employed, actively seek work or attend school provided

that the expenses are neither paid to a member of the family nor reimbursed by an outside

source.

30. Disabled Family or Families with disabilities. A family whose head, co-head, spouse, or

sole member is a person with disabilities; two or more persons with disabilities living

together; or one or more persons with disabilities living with a live-in aide.

31. Disabled person. See person with disabilities.

HABC ACOP: Draft 7-26-19 B-4

32. Displaced family. A family in which each member, or whose sole member, is a person

displaced from the family’s residential unit by governmental action that occurs in Baltimore

City, or a person whose dwelling has been extensively damaged or destroyed as a result of a

disaster in the Baltimore Metropolitan area declared or otherwise formally recognized

pursuant to federal disaster relief laws.

33. Domestic violence. Felony or misdemeanor crimes of violence committed by a current or

former spouse of the victim, by a person with whom the victim shares a child in common,

by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a

person similarly situated to a spouse of the victim under the domestic or family violence laws

of the jurisdiction receiving grant monies, or by any other person against an adult or youth

victim who is protected from that person’s acts under the domestic or family violence laws

of the jurisdiction.

34. Domicile. The legal residence of the head of household, co-head or spouse as determined in

accordance with state and local law.

35. Drug-related criminal activity. The illegal manufacture, sale, distribution, or use of a drug,

or the illegal possession of a drug with intent to manufacture, sell, distribute, or use the drug.

36. Economic self-sufficiency program. Any program designed to encourage, assist, train, or

facilitate the economic independence of assisted families, or to provide work for such

families. Such program may include job training, employment counseling, work placement,

basic skills training, education, English proficiency, financial or household management,

apprenticeship, or any other program necessary to prepare a resident to work. An economic

self-sufficiency program includes any work activities as defined in the Social Security Act

(42 U.S.C. 607(d)). Also see 24 CFR 5.603(c).

37. Effective date. The “effective date” of an examination or reexamination refers to: (i) in the

case of an examination for admission, the date of initial occupancy and (ii) in the case of any

reexamination of an existing resident, the date the re-determined rent becomes effective.

38. Elderly family. A family whose head, co-head, spouse, or sole member is a person who is at

least 62 years of age.

39. Elderly person. An individual who is at least 62 years of age.

40. Eligible family. A family that is income eligible and meets the other requirements of the

Housing Act of 1937, as amended, and Part 5 of 24 CFR.

41. Emancipated minor. A person under the age of 18 classified as an adult.

42. Employer identification number (EIN). The nine-digit taxpayer identifying number that is

assigned to an individual, trust, estate, partnership, association, company, or corporation.

43. Eviction Notice. A notice to vacate, or a complaint or other initial pleading used under state

or local law to commence an eviction action.

HABC ACOP: Draft 7-26-19 B-5

44. Evidence of citizenship or eligible status. The documents which must be submitted as

evidence of citizenship or eligible immigration status. (See 24 CFR 5.508(b).)

45. Exempt Status. The status of residents who do not have to comply with the community &

self-sufficiency requirement.

46. Extremely low-income family. A family whose annual income does not exceed the federal

poverty level or 30 percent of the median income for the area as determined by HUD,

whichever number is higher, with adjustments for smaller and larger families. HUD may

establish income ceilings higher or lower than 30 percent of median income if HUD finds

such variations are necessary due to unusually high or low family incomes. (See 24 CFR

5.603.)

47. Facility. All or any portion of buildings, structures, equipment, roads, walks, parking lots,

rolling stock, or other real or personal property or interest in the property.

48. Fair Housing Act. Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing

Amendments Act of 1988.

49. Fair market rent (FMR). The rent, including the cost of utilities (except telephone, cable

and internet services), as established by HUD for units of varying sizes (by number of

bedrooms), that must be paid in the housing market area to rent privately owned, existing,

decent, safe, and sanitary rental housing of a modest (non-luxury) nature with suitable

amenities. See periodic publications in the Federal Register in accordance with 24 CFR Part

888.

50. Family. A family is either a single person or a group of persons and includes:

• A household with or without children. A child who is temporarily away from home

due to placement in foster care should be considered a member of the family.

• An elderly family or a near-elderly family

• A disabled family

• A displaced family

• The remaining member of a resident family

• A single person who is not an elderly or displaced person, or a person with disabilities,

or the remaining member of a resident family.

51. Family self-sufficiency program (FSS program). The program established by HABC in

accordance with 24 CFR part 984 to promote self-sufficiency of assisted families, including

the coordination of supportive services (42 U.S.C. 1437u).

52. Federal agency. A department of the executive branch of the federal government.

53. Flat rent. A rent established by HABC for each public housing unit based on the market rent

charged for comparable units in the unassisted rental market, set at no less than 80 percent

of the applicable Fair Market Rent (FMR), and adjusted by the amount of the utility

allowance, if any.

HABC ACOP: Draft 7-26-19 B-6

54. Foster child care payment. A payment to eligible households by state, local, or private

agencies appointed by the state to administer payments for the care of foster children.

55. Full-time student. A person who is attending school or vocational training on a full-time

basis (carrying a subject load that is considered full-time for students under the standards and

practices of the educational institution attended). (See 24 CFR 5.603)

56. Gender identity. A personal conception of oneself as male or female or both or neither.

57. Handicap. (See person with disabilities.)

58. Head of household. The adult member of the family who is the head of the household for

purposes of determining income eligibility and rent and is responsible for the lease.

59. Household. A household includes additional people other than the family who, with HABC’s

permission, live in an assisted unit, such as live-in aides, foster children, and foster adults.

60. Housing agency (HA). See public housing agency.

61. Housing and Community Development Act of 1974. The Act in which the U.S. Housing

Act of 1937 was recodified, and which added the Section 8 Programs.

62. Housing Projects. Housing that is publicly financed through development, construction

and/or operation for low income, very low income and extremely low-income families. Such

housing is also referred to as developments, communities, complexes, AMPs, sites and

scattered site properties and may be at a single location or may be at scattered locations or in

a mixed income development.

63. HUD. The U.S. Department of Housing and Urban Development.

64. Imputed asset. An asset disposed of for less than fair market value during the two years

preceding examination or reexamination.

65. Imputed asset income. HUD-established passbook rate multiplied by the total cash value of

assets. The calculation is used when net family assets exceed $5,000.

66. Imputed welfare income. An amount of annual income that is not actually received by a

family as a result of a specified welfare benefit reduction but is included in the family’s

annual income and therefore reflected in the family’s rental contribution.

67. Income. Income from all sources of each member of the household, as determined in

accordance with criteria established by HUD.

68. Income-based rent. The resident’s rent, which is based on the family’s income and HABC’s

rent policies for determination of such rents.

HABC ACOP: Draft 7-26-19 B-7

69. Income Disallowance. Income excluded from the calculation of annual income.

70. Income Targeting. The HUD requirement that 40% of all new admissions in public housing

during any given fiscal year be reserved for extremely low-income families. This

requirement may be modified in HABC’s MTW Agreement.

71. Indian. Any person recognized as an Indian or Alaska Native by an Indian Tribe, the federal

government, or any state.

72. Indian Housing Authority (IHA). A housing agency established either by exercise of the

power of self-government of an Indian Tribe, independent of state law, or by operation of

state law providing specifically for housing authorities for Indians.

73. Individual with handicaps. See person with disabilities.

74. Interdependent relationship. A close personal relationship in which two people live

together, one or each provides financial support, domestic support or personal care to the

other.

75. Intimidated Crime Victim (“IV”) – Means a person subject to a credible threat of imminent

harm or threatened harm in connection with the person’s status as a victim of a criminal act

that is planned, threatened, attempted or completed, who is cooperating with law

enforcement.”

76. Intimidated Crime Witness (“IW”) – Means a person subject to a credible threat of imminent

harm or threatened harm in connection with the person’s status as a witness to a crime that

is planned, threatened, attempted or completed, who is cooperating with law enforcement.

77. Jurisdiction. The area in which HABC has authority under state and local law to administer

the program.

78. Landlord. Either the legal owner of the property, or the owner's representative or managing

agent as designated by the owner.

79. Lease. A written agreement between HABC or a privately owned/managed site and a resident

family for the leasing of a federally assisted housing unit. The lease establishes the legal

relationship between HABC or the privately owned/managed site and the resident family.

80. Live-in aide. A person who resides with one or more elderly persons, or near-elderly persons,

or persons with disabilities, and who:

• Is determined to be essential to the care and well-being of the persons.

• Is not obligated for the support of the persons; and

• Would not be living in the unit except to provide the necessary supportive services.

81. Local preference. A preference used by HABC to select among applicant families.

HABC ACOP: Draft 7-26-19 B-8

82. Low-income family. A family whose income does not exceed 80 percent of the median

income for the area as determined by HUD with adjustments for smaller or larger families,

except that HUD may establish income limits higher or lower than 80 percent for areas with

unusually high or low incomes.

83. Maximum rent. Privately owned/managed sites: Privately owned/managed sites may have

maximum rents that are lower than the flat rents. When the maximum rent is lower than the

flat rent, the resident will be given the choice between the income-based rent and the

maximum rent for the unit instead of the flat rent.

Mixed families: Public housing maximum rents are used to calculate the tenant rent for a

mixed family. The public housing maximum rent is based on the value of the 95th percentile

of the total tenant payment (TTP) for each tenant within HABC. HABC recalculates the

public housing maximum rents on an annual basis.

84. Medical expenses. Medical expenses, including medical insurance premiums that are

anticipated during the period for which annual income is computed, and that are not covered

by insurance (a deduction for elderly or disabled families only). These allowances are given

when calculating adjusted income for medical expenses in excess of 10 percent of annual

income.

85. Minimal income. Annual adjusted income that is $2,400 or less.

86. Minimum rent. An amount established by HABC or the privately owned/managed sites of

up to $50.

87. Minor. A member of the family household other than the family head, co-head or spouse,

who is under 18 years of age.

88. Mixed family. A family whose members include persons with U.S. citizenship or eligible

immigration status and persons who do not have U.S. citizenship or eligible immigration

status.

89. Monthly adjusted income. One twelfth of adjusted income (see definition of adjusted

income).

90. Monthly income. One twelfth of annual income (see definition of annual income).

91. Moving To Work Demonstration Program. As established under the Section 204 of the

Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Pub. L. 104-134) (the

“1996 Appropriations Act”) for purposes of providing public housing agencies the flexibility

to design and test various approaches for providing and administering housing assistance that

reduces cost and achieves greater cost effectiveness in Federal expenditures; gives incentives

to families with children whose heads of household are either working, seeking work, or are

participating in job training, educational or other programs that assist in obtaining

employment and becoming economically self-sufficient; and increase housing choices for

low-income families.

HABC ACOP: Draft 7-26-19 B-9

92. National (U.S. National). A person who owes permanent allegiance to the United States, for

example, as a result of birth in a United States territory or possession.

93. Near-elderly family. A family whose head, co-head, spouse, or sole member is a person who

is at least 50 years of age but below the age of 62; or two or more persons, either of whom is

at least 50 years of age but below the age of 62, living together; or one or more persons who

are at least 50 years of age but below the age of 62 living with a live-in aide.

94. Net family assets. Net cash value after deducting reasonable costs that would be incurred in

disposing of real property, savings, stocks, bonds, and other forms of capital investment,

excluding interests in Indian trust land and excluding equity accounts in HUD

homeownership programs. The value of necessary items of personal property such as

furniture and automobiles shall be excluded.

95. Non-elderly person with a disability or NED. A family whose sole member, head of

household or head of household’s spouse is a person with a disability who is under age 62

and who is eligible for a one-bedroom public housing unit or for a two-bedroom public

housing unit because a second bedroom is needed for disability related reasons.

96. Noncitizen. A person who is neither a citizen nor a national of the United States.

97. Obsolete as to physical conditions. Where HABC has made a determination that one or more

properties adjacent to a Scattered Sites property is in a state of disrepair due to abandonment

and/or structural deficiency that may pose a threat to the safety of an occupant of the HABC-

owned unit.

98. Occupancy Standards. Established by HABC to determine the appropriate number of

bedrooms for families of different sizes and compositions.

99. Other Adult. A family member who is 18 or older who is not the head, co-head or spouse.

100. Person with disabilities. For the purposes of program eligibility. A person who has a

disability as defined under the Social Security Act or Developmental Disabilities Care Act,

or a person who has a physical, emotional, developmental or mental impairment expected to

be of long and indefinite duration and whose ability to live independently is substantially

impeded by that impairment but could be improved by more suitable housing conditions.

This includes persons with AIDS or conditions arising from AIDS but excludes persons

whose disability is based solely on drug or alcohol dependence. For the purposes of

reasonable accommodation. A person with a physical or mental impairment that

substantially limits one or more major life activities, a person regarded as having such an

impairment, or a person with a record of such an impairment.

101. Premises. The building or complex in which the dwelling unit is located, including common

areas and grounds.

HABC ACOP: Draft 7-26-19 B-10

102. Preponderance of Evidence. Evidence which is of greater weight or more convincing than

the evidence which is offered in opposition to it; that is, evidence which as a whole shows

that the fact sought to be proved is more probable than not. Preponderance of the evidence

may not be determined by the number of witnesses, but by the greater weight of all evidence.

103. Previously unemployed. With regard to the earned income disallowance, a person who has

earned, in the 12 months previous to employment, no more than would be received for 10

hours of work per week for 50 weeks at the established minimum wage.

104. Public assistance. Welfare or other payments to families or individuals, based on need,

which are made under programs funded, separately or jointly, by federal, state, or local

governments.

105. Public housing agency (PHA). Any state, county, municipal, or other governmental entity

or public body, or agency or instrumentality of these entities, that is authorized by HUD to

engage or assist in the development or operation of low-income housing under the 1937

Housing Act, as amended.

106. Quality Housing and Work Responsibility Act of 1998. The Act which amended the U.S.

Housing Act of 1937 and is also known as the Public Housing Reform Bill. The Act is

directed at revitalizing and improving HUD's Public Housing and Section 8 assistance

programs.

107. Reasonable accommodation. A change, exception, or adjustment to a rule, policy, practice,

or service to allow a person with disabilities to fully access HABC’s programs or services.

108. Recertification (also called reexamination). The process of securing documentation of total

family income and family composition used to determine the rent the resident will pay until

the effective date of the next scheduled reexamination if there are no additional changes to

be reported.

109. Remaining member of the resident family (residual member). The person left in assisted

housing who may or may not qualify for assistance on the person’s own circumstances.

110. Rent burden. When a resident pays more than 40% of the household income on rent and a

payment agreement with HABC.

111. Residency preference. HABC preference for admission of families that live in Baltimore

City. (See residency preference area.)

112. Residency preference area. The city of Baltimore, MD.

113. Responsible entity. For the public housing program, HABC administering the program under

an ACC with HUD is the responsible entity.

114. Secretary. The Secretary of U. S. Department of Housing and Urban Development.

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115. Section 8. This section of the United States Housing Act of 1937 authorizes subsidies

currently known as tenant based and project-based vouchers.

116. Section 214. This section restricts HUD from making financial assistance available for non-

citizens unless they meet one of the categories of eligible immigration status specified in

Section 214.

117. Section 9. This section of the United States Housing Act of 1937 authorized the creation

and operation of public housing.

118. Section 504 of the Rehabilitation Act of 1973. This law requires that at least 5% of all units

in federal-funded properties be accessible to people with mobility impairments, at least 2%

of all of the units be accessible to people with sensory impairments, that reasonable

accommodations be made when necessary to allow full use of housing and that housing for

persons with disabilities be as integrated as possible.

119. Security deposit. A dollar amount (maximum set according to state law) which can be used

for unpaid rent or damages to HABC and the privately owned/managed sites upon the end

of the tenancy. Currently, the security deposit is the lesser of one month’s rent or $50.00.

120. Sexual assault. Any nonconsensual sexual act proscribed by federal, tribal, or state law,

including when the victim lacks capacity to consent (42 U.S.C. 13925(a)).

121. Sexual orientation. Homosexuality, heterosexuality or bisexuality.

122. Single person. A person living alone or intending to live alone.

123. Social security number (SSN). The nine-digit number that is assigned to a person by the

Social Security Administration and that identifies the record of the person’s earnings reported

to the Social Security Administration. The term does not include a number with a letter as a

suffix that is used to identify an auxiliary beneficiary.

124. Specified welfare benefit reduction. Those reductions of welfare benefits (for a covered

family) that may not result in a reduction of the family rental contribution. A reduction of

welfare benefits because of fraud in connection with the welfare program, or because of

welfare sanction due to noncompliance with a welfare agency requirement to participate in

an economic self-sufficiency program. (See definition of imputed welfare income.)

125. Spouse. The marriage partner of the head of household.

126. Stalking. To follow, pursue, or repeatedly commit acts with the intent to kill, sexually

assault, falsely imprison, injure, harass, or intimidate; or to place under surveillance with the

intent to kill, sexually assault, falsely imprison, injure, harass, or intimidate another person;

and in the course of, or as a result of, such following, pursuit, surveillance, or repeatedly

committed acts, to place a person in reasonable fear of the death of, or serious bodily injury

HABC ACOP: Draft 7-26-19 B-12

to, or to cause substantial emotional harm to (1) that person, (2) a member of the immediate

family of that person, or (3) the spouse or intimate partner of that person.

127. State wage information collection agency (SWICA). The state agency, including any Indian

tribal agency, receiving quarterly wage reports from employers in the state, or an alternative

system that has been determined by the Secretary of Labor to be as effective and timely in

providing employment-related income and eligibility information.

128. Subsidized Project. A multi-family housing project (except for a project owned by a

Cooperative Housing Mortgage Corporation or Association) which receives the benefit of

subsidy in the form of:

• Below-market interest rates pursuant to Section 221(d)(3) and (5) or interest

reduction payments pursuant to Section 236 of the National Housing Act; or

• Rent supplement payments under Section 101 of the Housing and Urban

Development Act of 1965; or

• Direct loans pursuant to Section 202 of the Housing Act of 1959; or

• Payments under the Section 8 Housing Assistance Payments Program pursuant to

Section 8 of the United States Housing Act after amendment by the Housing and

Community Development Act unless the project is owned by a Public Housing

Agency.

• A public housing project.

129. Tenant (Resident). The person or persons (other than a live-in aide) who executes the lease

as lessee of the dwelling unit.

130. Tenant rent. The amount payable monthly by the family (minus the utility allowance) as rent

to HABC or to the privately owned/managed site.

131. Total tenant payment (TTP). The highest of 30% of the family’s adjusted monthly income

or 10% of the family’s monthly income.

132. Unauthorized occupants. Anyone who has lived in the unit beyond the approved guest

period who is not listed on the lease.

133. Utilities. Water and sewer services, electricity, gas and other heating services. Telephone,

cable and internet services are not included.

134. Utility allowance. The estimated amount approved by HABC of the monthly cost of a

reasonable consumption of utilities for the unit by an energy conservative household of

modest circumstances consistent with the requirements of a safe, sanitary, and healthful

living environment.

135. Utility reimbursement. The amount paid to the family, if any, by which the utility allowance

for the unit, if applicable, exceeds the total tenant payment (TTP) for the family occupying

the unit.

HABC ACOP: Draft 7-26-19 B-13

136. Veteran. A person who has served in the active military or naval service of the United States

at any time and who shall have been discharged or released there from under conditions other

than dishonorable.

137. Violence Against Women Reauthorization Act (VAWA) of 2013. A landmark federal law

enacted to improve criminal justice and community-based responses to domestic violence,

dating violence, sexual assault and stalking, and to provide certain protections for victims of

such crimes, regardless of gender or sexual orientation, including protections in the

application for, and occupancy of housing.

138. Violent criminal activity. Any criminal activity that has as one of its elements the use,

attempted use, or threatened use of physical force against the person or property of another.

139. Waiting list. A list of families organized according to HUD regulations and HABC policy

who are waiting for a unit to become available.

140. Welfare assistance. Income assistance from federal or state welfare programs, including

assistance provided under TANF and general assistance. Does not include assistance directed

solely to meeting housing expenses, nor programs that provide health care, childcare or other

services for working families. For the FSS program (984.103(b)), welfare assistance includes

only cash maintenance payments from federal or state programs designed to meet a family’s

ongoing basic needs, but does not include food stamps, emergency rental and utilities

assistance, SSI, SSDI, or social security.

HABC ACOP: Draft 7-26-19 C-1

Appendix C: SMOKE-FREE POLICY

I. PURPOSE OF THE POLICY

The Housing Authority of Baltimore City (HABC) adopts this Smoke-Free Policy (the

“Policy” or “Smoke-Free Policy”) in accordance with 24 C.F.R. § 965.653, which requires

public housing authorities to develop and implement a policy prohibiting the use of prohibited

tobacco products in their public housing living units and interior areas and other restricted

areas as defined below. The Smoke-Free Policy is intended to improve indoor air quality,

benefit the health of public housing residents and HABC staff, reduce the risk of fires, and

lower overall maintenance costs. The Policy bars the use of prohibited tobacco products in all

HABC public housing living units, and other restricted areas. The Smoke-Free Policy also

extends to all outdoor areas up to twenty-five (25) feet from any HABC public housing unit

and HABC administrative office buildings. A list of the properties affected by this policy can

be found on HABC’s website or provided upon request.

This Policy does not prohibit smoking outside of the smoke-free areas nor does it make HABC

a guarantor of resident health or of the smoke-free condition of the resident’s unit or common

areas.

II. DEFINITIONS

Designated Smoking Area (DSA) - “Designated smoking area” or “DSA” means areas on the

grounds near HABC public housing or administrative office buildings, at least twenty-five (25)

feet from all doors and windows, in order to accommodate residents who smoke. These areas

shall be outside of any restricted areas (as defined below), and may, if HABC deems

appropriate, include partially enclosed structures. The location of all DSAs will be furnished

upon request.

ENDS - “ENDS” means Electronic Nicotine Delivery System or e-cigarettes, also known as

“vaping”.

Interior Common Areas - “Interior common areas” include but are not limited to: hallways,

rental and administrative offices, community centers, day care centers, laundry centers,

electrical closets, storage units and similar structures.

Notice of Violation – A Notice of Violation or “Notice” - means notice to the resident in

writing and delivered to the Dwelling Unit or sent by prepaid first-class mail, properly

addressed to the resident. Such Notice will include the specific violation of the Smoke Free

Policy and also state the outcome(s) for failure to correct such violation(s).

Prohibited Tobacco Products - “Prohibited tobacco products” are items that involve the

ignition and burning of tobacco leaves, such as: cigarettes, cigars, and pipes, including water

pipes (“hookahs”).

Public Housing - Public housing is defined as low-income housing, and all necessary

HABC ACOP: Draft 7-26-19 C-2

appurtenances (e.g., community facilities, public housing offices, day care centers, and laundry

rooms) thereto, assisted under the U.S. Housing Act of 1937 (the 1937 Act), other than

assistance under section 8 of the 1937. Public Housing includes Scattered Sites units.

Restricted Area – Restricted area means all public housing living units, interior common

areas and outdoor areas within 25 feet from public housing and administrative office

buildings.

Smoke-Free Areas - Smoke-Free Areas are areas where smoking is prohibited such as living

units and interior common areas, including but not limited to bathrooms, lobbies, hallways,

stairways, elevators, management offices, community rooms balconies and on the grounds of

all HABC properties including playgrounds, basketball courts, lawns, parks, courtyards,

walkways and parking lots except in Designated Smoking Areas (DSAs).

Smoking - Smoking is defined as inhaling, exhaling, breathing or carrying any lit cigar,

cigarette, pipe, other tobacco product or similarly lighted smoking material in any manner or

in any form. E-cigarettes are not considered smoking under this policy.

Water Pipes (hookahs) - Water pipes (also known as “hookahs”) are smoking devices that

use coal or charcoal to heat tobacco, and then draw the smoke through water and a hose to the

user. Both the heating source and burning of tobacco are sources of contaminant emissions.

III. PROMOTION OF SMOKE-FREE POLICY

HABC will post signs in the management offices and in conspicuous locations throughout the

developments and HABC offices that reference the Smoke-Free Policy. The signs will be in a

format accessible to all residents and visitors (including persons with disabilities). HABC will

also use various communication letters, flyers, and resident meetings to share information on

the Smoke-Free Policy.

IV. PUBLIC HOUSING PROPERTIES COVERED UNDER THE POLICY

Smoking is prohibited in the locations outlined below:

1. All public housing residential units (including HABC’s Scattered Sites inventory);

2. Common areas such as stairwells, community centers, lobbies, laundry rooms and

hallways.

3. Areas within 25’ of all residential, management and administrative offices

4. Playgrounds and Basketball courts on HABC properties

5. Balconies and porches on HABC properties

V. PROPERTIES NOT SUBJECT TO THE POLICY

This Policy applies to all public housing properties owned by HABC. The Policy does not

apply to properties that are not owned by HABC such as mixed-finance developments and

properties assisted under the Housing Choice Voucher Program (HCVP). A list of mixed-

finance developments that are not subject to this policy is available upon request.

VI. TYPES OF TOBACCO PRODUCTS PROHIBITED UNDER THE POLICY

HABC ACOP: Draft 7-26-19 C-3

The smoking of ignited tobacco products such as cigarettes, cigars, and pipes, including water

pipes (hookahs) is prohibited under this Policy. The use ENDS within a dwelling unit is not

prohibited by this Policy but the use of such electronic cigarettes is prohibited in all other

Smoke-Free Areas.

VII. SMOKING CESSATION PARTNERS

HABC will partner with appropriate organizations to provide smoking cessation information

to residents. Medicaid recipients may be eligible to receive financial assistance for cessation

services and prescription cessation medications depending on Maryland’s Medicaid program.

Cessation resources are currently available at:

http://www.cdc.gov/tobacco/quit_smoking/index.htm. Residents may also contact national

telephone-based tobacco cessation services (“quit lines”) such as 1-800-QUIT-NOW, and

community health centers to obtain information about services that are available through

them. A list of HABC’s cessation support partners will be provided to residents and will also

be made available upon request.

VIII. DESIGNATED SMOKING AREAS (DSA)

HABC may, in its sole discretion, provide Designated Smoking Areas to accommodate

residents that smoke. All Designated Smoking Areas will be outside of restricted areas.

Designated Smoking Areas will include suitable wellness and safety features, such as

appropriate seating, lighting and shade and will be accessible for persons with disabilities, in

accordance with section 504 of the Rehabilitation Act of 1973 (and the U.S. Department of

Housing and Urban Development’s (HUD) implementing regulations at 24 CFR part 8), Title

II of the Americans with Disabilities Act, and the Fair Housing Act. This may include a flat or

paved pathway, ramp, and adequate lighting. Designated Smoking Areas are not required under

HUD regulations, and HABC may, at any time restructure, remove in part or in whole, or

otherwise eliminate a Designated Smoking Area as HABC deems appropriate, after giving

notice to public housing residents of the affected site.

IX. HABC IS NOT A GUARANTOR OF A SMOKE-FREE ENVIRONMENT

HABC’s adoption of this Smoke-Free Policy does not make HABC or any of its employees,

official, contractors and agents the guarantor of: (1) the health of any resident, household

member or guest, or HABC employee; or (2) the smoke-free condition of any resident’s unit

and the common areas. HABC will take reasonable steps to enforce the Smoke-Free Policy in

accordance with the Lease Addendum that incorporates the Policy in the HABC lease.

X. ENFORCEMENT

A violation of this Policy constitutes grounds for initiation of the enforcement remedies of the

Smoke-Free Policy. Violation of the provisions of the Policy by a household member, guest or

any other person under the resident’s (leaseholder) control constitutes a breach of the HABC

lease. HABC will implement a graduated enforcement process that includes escalated warnings

and documentation in the resident’s file, up to and including lease termination, as follows:

1. 1st Violation – When evidence of a violation of this Policy is received by HABC, such

as smoking in a restricted area by a resident, household member, guest or any other

person under the resident’s control, the resident will receive a written Notice of

HABC ACOP: Draft 7-26-19 C-4

Violation. The Notice of Violation will inform the resident of the nature of the

violation, and will request that the resident appear at the management office for a

conference with the Asset Manager or other designee to receive support and

informational materials, with a one-time option of having the 1st Violation expunged

if: (a) the resident enters a cessation program within thirty (30) days of the date of the

Notice of Violation; or (b) if the violation occurred due to smoking by a household

member, guest or other person under the resident’s control. The Notice of Violation

will include information on how to reply to the Notice and the resident’s right to file a

grievance pursuant to the HABC Grievance Policy and Procedure (the “Grievance

Policy”) in effect at the time of such violation of this Policy.

2. Second Violation – When evidence of a violation by the same resident is received a

second time by HABC, the resident will receive a second written Notice of Violation,

which will describe the nature of the violation, and request a conference with the Asset

Manager or other designee, to receive support and informational materials The Notice

of Violation will inform resident of the opportunity for a one-time option of having the

second Violation expunged only if the option was not already used in response to the

first Violation, and (a) the resident enters a cessation program within thirty (30) days

of the date of the Notice of Violation; or (b) if the violation occurred due to smoking

by a household member, guest or other person under the resident’s control . The Notice

of Violation shall include information on how to reply to the Notice and the resident’s

right to file a grievance pursuant to the Grievance Policy in effect at the time of such

violation. The Notice of Violation will also inform resident of the consequences of a

further violation.

3. Third Violation –If evidence of a violation by the same resident is received a third

time by HABC, the resident will receive a written Notice of Lease Termination. Notices

of Lease Termination shall include information on how to reply to the Notice of

Termination and the resident’s right to file a grievance pursuant to the HABC

Grievance Policy in effect at the time of such termination. Provided, however, that if

the termination notice includes other basis for such lease termination that are not

subject to a grievance under the Grievance Policy, such as certain criminal activity, the

resident shall have no right to file a grievance on the violation of this Policy.

4. Grievances – Upon receipt of a Notice of Lease Termination, residents may file a

grievance in accordance with HABC’s Grievance Policy, a copy of which can be

obtained from the Management Office of any HABC development, subject to

subsection 3 of this section above.

5. Eviction – HABC may pursue resident eviction upon a third violation, subject to

grievance procedures subsection 3 of this section above, and subsection 6 of this section

below.

6. Inapplicability of Graduated Process When Fire Results from A Violation: The

graduated enforcement process described above does not apply to any first or

subsequent violation of this Policy that results in a fire in the resident’s unit, or on the

resident’s development or on any other property owned or assisted by HABC. In such

HABC ACOP: Draft 7-26-19 C-5

event, the provisions of the HABC lease that govern fires caused by the resident will

control and resident will not receive any Notice of Violation as described above prior

to a lease termination as provided in the lease.

XI. REASONABLE ACCOMMODTION REQUESTS

When a resident makes a reasonable accommodation request concerning this Policy, to address

a disability, HABC will make the accommodation in accordance with HABC’s policies and

procedures, unless doing so would result in a fundamental alteration in the nature of the Smoke-

Free Policy or cause an undue financial and administrative burden on HABC. For example, an

individual with a mobility disability may request a reasonable accommodation to move to a

section that provides easier access to a Designated Smoking Area. Such requests will be

evaluated on a case-by-case basis in order to make a determination. However, HABC will not

permit smoking in a restricted area as a reasonable accommodation for a disability.

Smokers with certain health conditions (e.g., cognitive impairment) may require special

attention to ensure they understand the Policy and available cessation resources, as well as

reasonable accommodation request procedures; however, such residents must comply with the

Policy.

XII. TRANSFERS

Transfers to an alternate site with greater access to a non-restricted area or a Designated

Smoking Area will not be available to HABC residents except as a reasonable accommodation

to address a disability.

XIII. MARIJUANA

This Policy does not change any requirements regarding the possession and use of marijuana

in federally subsidized housing. The possession and use of medical and non-medical marijuana

are prohibited in public and federally assisted housing. Accommodations allowing the use of

medical marijuana in public and federally assisted housing are not reasonable under the Fair

Housing Act.

XIV. LEASE ADDENDUM

Residents will be required to sign a lease addendum that incorporates the Smoke-free Policy

in the lease. In the lease addendum, residents acknowledge that: (1) HABC’s adoption of this

policy for a smoke-free living environment does not in any way change the standard of care

that HABC or its Asset Managers would have to a resident household to render buildings and

premises designated smoke-free any safer, more habitable, or improved in terms of air quality

standards than any other rental property; (2) HABC specifically disclaims any implied or

express warranties that the building, common areas, or resident’s dwelling unit and premises

will have any higher or improved air quality standards than any other rental property; (3)

HABC cannot and does not warrant or promise that the rental premises or common areas will

be free from secondhand smoke; (4) HABC’s ability to police, monitor or enforce the terms of

the Policy and the lease addendum will be dependent in significant part on voluntary

compliance by the resident, members of the household and guests, as well as by other residents

and guests in other parts of the smoke-free area; and thus cooperation of residents is expected;

And (5) Residents with respiratory ailments, allergies or other physical or mental conditions

HABC ACOP: Draft 7-26-19 C-6

relating to smoke are informed that HABC does not assume any higher duty of care to enforce

the Policy or the lease addendum than any other HABC obligation under the lease.

HABC ACOP: Draft 7-26-19 D-1

Appendix D: FEDERALLY MANDATED INCOME EXCLUSIONS

77 FEDERAL REGISTER 43347: Published May 20, 2014

HUD's regulations provide for HUD to periodically publish in the Federal Register a notice that

lists amount specifically excluded by any Federal statute from consideration as income for

purposes of determining eligibility or benefits in a HUD program.

1. The value of the allotment provided to an eligible household under the Food Stamp Act

of 1977 (7 U.S.C. 2017(b)).

2. Payments to volunteers under the Domestic Volunteer Service Act of 1973 (42 U.S.C.

5044(f)(1), 5058).

3. Certain payments received under the Alaska Native Claims Settlement Act (43 U.S.C.

1626(c));

4. Income derived from certain sub-marginal land of the United States that is held in trust

for certain Indian tribes (25 U.S.C. 459e).

5. Payments or allowances made under the Department of Health and Human Services'

Low-Income Home Energy Assistance Program (42 U.S.C. 8624(f)).

6. Income derived from the disposition of funds to the Grand River Band of Ottawa Indians

(Pub. L. 94-540, section 6);

7. The first $2000 of per capita shares received from judgment funds awarded by the

National Indian Gaming Commission or the U.S. Claims Court, the interests of individual

Indians in trust or restricted lands, and the first $2000 per year of income received by

individual Indians from funds derived from interests held in such trust or restricted lands

(25 U.S.C. 1407-1408). This exclusion does not include proceeds of gaming operations

regulated by the Commission.

8. Amounts of scholarships funded under title IV of the Higher Education Act of 1965 (20

U.S.C. 1070), including awards under federal work-study programs or under the Bureau

of Indian Affairs student assistance programs (20 U.S.C. 1087uu). For section 8 programs

only (42 U.S.C. 1437f), any financial assistance in excess of amounts received by an

individual for tuition and any other required fees and charges under the Higher Education

Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or an institution of higher

education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall

not be considered income to that individual if the individual is over the age of 23 with

dependent children (Pub. L. 109-115, section 327) (as amended);

9. Payments received from programs funded under title V of the Older Americans Act of

1965 (42 U.S.C. 3056g).

HABC ACOP: Draft 7-26-19 D-2

10. Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund

(Pub. L. 101-201) or any other fund established pursuant to the settlement in In Re Agent

Orange Liability Litigation, M.D.L. No. 381 (E.D.N.Y.);

11. Payments received under the Maine Indian Claims Settlement Act of 1980 (Pub. L. 96-

420, 25 U.S.C. 1728).

12. The value of any childcare 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 (42 U.S.C. 9858q);

13. Earned income tax credit (EITC) refund payments received on or after January 1, 1991,

for programs administered under the United States Housing Act of 1937, title V of the

Housing Act of 1949, section 101 of the Housing and Urban Development Act of 1965,

and sections 221(d)(3), 235, and 236 of the National Housing Act (26 U.S.C. 32(l)).

14. Payments by the Indian Claims Commission to the Confederated Tribes and Bands of

Yakima Indian Nation or the Apache Tribe of Mescalero Reservation (Pub. L. 95-433).

15. Allowances, earnings and payments to AmeriCorps clients under the National and

Community Service Act of 1990 (42 U.S.C. 12637(d)).

16. Any allowance paid under the provisions of 38 U.S.C. 1833(c) to children of Vietnam

veterans born with spina bifida (38 U.S.C. 1802- 05), children of women Vietnam

veterans born with certain birth defects (38 U.S.C. 1811-16), and children of certain

Korean service veterans born with spina bifida (38 U.S.C. 1821).

17. Any amount of crime victim compensation (under the Victims of Crime Act) received

through crime victim assistance (or payment or reimbursement of the cost of such

assistance) as determined under the Victims of Crime Act because of the commission of

a crime against the applicant under the Victims of Crime Act (42 U.S.C. 10602(c)).

18. Allowances, earnings, and payments to individuals participating in programs under the

Workforce Investment Act of 1998 (29 U.S.C. 2931(a)(2)).

19. Any amount received under the Richard B. Russell School Lunch Act (42 U.S.C.

1760(e)) and the Child Nutrition Act of 1966 (42 U.S.C. 1780(b)), including reduced-

price lunches and food under the Special Supplemental Food Program for Women,

Infants, and Children (WIC).

20. Payments, funds, or distributions authorized, established, or directed by the Seneca

Nation Settlement Act of 1990 (25 U.S.C. 1774f(b)).

21. Payments from any deferred U.S. Department of Veterans Affairs disability benefits that

are received in a lump sum amount or in prospective monthly amounts (42 U.S.C. Sec.

1437a(b)(4)).

HABC ACOP: Draft 7-26-19 D-3

22. Compensation received by or on behalf of a veteran for service-connected disability,

death, dependency, or indemnity compensation as provided by an amendment by the

Indian Veterans Housing Opportunity Act of 2010 (Pub. L. 111-269; 25 U.S.C. 4103(9))

to the definition of income applicable to programs authorized under the Native American

Housing Assistance and Self-Determination Act (NAHASDA) (25 U.S.C. 4101 et seq.)

and administered by the Office of Native American Programs.

23. A lump sum or a periodic payment received by an individual Indian pursuant to the Class

Action Settlement Agreement in the case entitled Elouise Cobell et al. v. Ken Salazar et

al., 816 F.Supp.2d 10 (Oct. 5, 2011, D.D.C.), for a period of one year from the time of

receipt of that payment as provided in the Claims Resolution Act of 2010 (Pub. L. 111-

291);

24. Any amounts in an ``individual development account'' as provided by the Assets for

Independence Act, as amended in 2002 (Pub. L. 107-110, 42 U.S.C. 604(h)(4));

25. Per capita payments made from the proceeds of Indian Tribal Trust Cases as described

in PIH Notice 2013-30 ``Exclusion from Income of Payments under Recent Tribal Trust

Settlements'' (25 U.S.C. 117b(a)); and

26. Major disaster and emergency assistance received by individuals and families under the

Robert T. Stafford Disaster Relief and Emergency Assistance Act (Pub. L. 93-288, as

amended) and comparable disaster assistance provided by States, local governments, and

disaster assistance organizations (42 U.S.C. 5155(d)).

HABC ACOP: Draft 7-26-19 E-1

Appendix E: VAWA EMERGENCY TRANSFER PLAN

Emergency Transfer/Move Plan for Victims of Domestic Violence, Dating Violence,

Sexual Assault, or Stalking

Dated June 13, 2017

A. Emergency Transfers/Move Vouchers

The Housing Authority of Baltimore City (“HABC”) is concerned about the safety of its residents

in the Low-Income Public Housing (“LIPH”) and participants in the Housing Choice Voucher

Program (“HCV”), and such concern extends to residents and participants who are victims of

domestic violence, dating violence, sexual assault, or stalking. In accordance with the Violence

Against Women Act (“VAWA”),

HABC allows residents and participants who are victims of

domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer or

emergency move voucher from the resident or participant’s current unit, to another unit under the

covered program. The ability to request a transfer or move voucher is available regardless of sex,

gender identity, or sexual orientation.

HABC’s ability to honor such request for residents and

participants currently receiving assistance, however, may depend upon a preliminary determination

that the resident or participant is or has been a victim of domestic violence, dating violence, sexual

assault, or stalking, and in the case of residents, on whether HABC has another dwelling unit that is

available and is safe to offer the resident for temporary or more permanent occupancy.

This plan identifies residents and participants who are eligible for an emergency transfer, the

documentation needed to request an emergency transfer, confidentiality protections, how an

emergency transfer may occur, and guidance to residents and participants on safety and security.

This plan is based on a model emergency transfer plan published by the U.S. Department of Housing

and Urban Development (“HUD”), the Federal agency that oversees that the LIPH and HCV

programs administered by HABC are in compliance with VAWA.

B. Eligibility for Emergency Transfers/Move Vouchers

A resident or participant who is a victim of domestic violence, dating violence, sexual assault, or

stalking, as provided in HUD’s regulations at 24 CFR part 5, subpart L is eligible for an emergency

transfer, if: the resident or participant reasonably believes that there is a threat of imminent harm

from further violence if the resident or participant remains within the same unit. If the resident or

participant is a victim of sexual assault, the resident or participant may also be eligible to transfer if

the sexual assault occurred on the premises within the 90-calendar-day period preceding a request

for an emergency transfer.

Despite the name of this law, VAWA protection is available to all victims of domestic violence, dating violence, sexual

assault, and stalking, regardless of sex, gender identity, or sexual orientation.

Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national

origin, religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be made available

to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status

HABC ACOP: Draft 7-26-19 E-2

A resident or participant requesting an emergency transfer/move voucher must expressly request the

transfer/move voucher in accordance with the procedures described in this plan. Residents or

participants who are not in good standing may still request an emergency transfer/move voucher if

they meet the eligibility requirements in this section.

C. Emergency Transfer/Move Voucher Request Documentation

Residents - To request an emergency transfer, a resident shall notify the management office of the

resident’s development (the “Management Office”) and submit a written request for a transfer to the

Management Office using the form approved by HABC.

Participants - To request an emergency move voucher, a participant shall notify the HCV Office

located at 1225 West Pratt Street, Baltimore, MD 21223 (the “HCV Office”) and submit a written

request for a move voucher to the HCV Office using the form approved by HABC.

HABC will provide reasonable accommodations to this policy for individuals (residents and

participants) with a disability.

The resident or participant’s written request for an emergency transfer/move voucher should include

either:

1. A statement expressing that the resident or participant reasonably believes that there is a

threat of imminent harm from further violence if the resident or participant were to remain

in the same dwelling unit assisted under the covered program; or

2. A statement that the resident or participant is a sexual assault victim and the sexual assault

occurred on the resident’s or participant’s premises during the 90-calendar-day period

preceding the resident or participant’s request for an emergency transfer/move voucher.

D. Confidentiality

HABC will maintain in a confidential manner, any information that the resident or participant

submits in requesting an emergency transfer/move voucher, and information about the emergency

transfer/move voucher, unless; (1) the resident or participant gives HABC written permission to

release the information on a time limited basis; or (2) disclosure of the information is required by

law or required for use in an eviction proceeding or hearing regarding termination of assistance from

the covered program. This includes keeping confidential the new location of the dwelling unit of the

resident or participant, if one is provided, from the person(s) that committed an act(s) of domestic

violence, dating violence, sexual assault, or stalking against the resident or participant. The Notice

of Occupancy Rights under the Violence Against Women Act for All Residents (and the Notice of

Occupancy Rights Under the Violence Against Women Act for All Participants) provides additional

information about HABC’s responsibility to maintain the confidentiality of information related to

incidents of domestic violence, dating violence, sexual assault, or stalking.

E. Emergency Transfer/Move Voucher Timing and Availability

HABC ACOP: Draft 7-26-19 E-3

HABC cannot guarantee that a transfer/move voucher request will be approved or how long it will

take to process a transfer/move voucher request. HABC will, however, act as quickly as possible

to move a resident or participant who is a victim of domestic violence, dating violence, sexual

assault, or stalking to another unit, subject to availability and safety of a unit.

Residents - If a resident reasonably believes a proposed transfer unit would not be safe, the tenant

may request a transfer to a different unit. If a unit is available, the transferred resident must agree

to abide by the terms and conditions that govern occupancy in the unit to which the resident has

been transferred. HABC may be unable to transfer a resident to a particular unit if the resident has

not or cannot establish eligibility for that unit.

If HABC has no safe and available units for which a resident who needs an emergency transfer is

eligible, HABC will assist the resident or participant in identifying other housing providers who

may have safe and available units to which the resident could move. At the resident or participant’s

request, HABC will also assist the resident or participant in contacting the local organizations

offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking that

are attached to this plan.

F. Safety and Security of Residents and Participants

Pending processing of the transfer/move voucher request and the actual transfer or move, if it is

approved and occurs, the resident or participant is to be urged to take all reasonable precautions to

be safe.

A resident or participant who is or has been a victim of domestic violence are encouraged to contact

the National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter,

for assistance in creating a safety plan. Persons with a hearing impairment may call 1-800-787-

3224 (TTY).

A resident or participant who is or has been a victim of sexual assault may call the Rape, Abuse &

Incest National Network’s National Sexual Assault Hotline at 800-656-HOPE or visit the online

hotline at https://ohl.rainn.org/online.

A resident or participant who is or has been a victim of stalking seeking help may visit the National

Center for Victims of Crime’s Stalking Resource Center at https://www.victimsofcrime.org/our-

programs/stalking-resource-center.

Attachment: List of local organizations aiding victims of domestic violence, dating violence,

sexual assault, or stalking.

HABC ACOP: Draft 7-26-19 F-1

Appendix F: PET POLICY FOR FAMILY DEVELOPMENTS

A. INTRODUCTION

This Pet Policy for Family Developments (“Pet Policy”) sets forth the requirements of the Housing

Authority of Baltimore City (“HABC”) in permitting ownership of certain pets by residents

(“Residents”) of public housing family developments. Residents must submit an application for a Pet,

and if approved, must pay the pet security deposit as provided in this Pet Policy before maintaining a

pet in their dwelling unit or the Premises (as the term Premises is

defined below

B. APPLICABILITY

The Pet Policy applies to all Residents, household members, guests and any other person under the

Resident’s control, of public hous

ng family developments.

e Pet Policy, as it may be amended by

HABC, shall be incorporated into and made a part of the Resident’s lease, as an attachment to the lease.

Exclusion From Applicability. This Pet Policy does not apply to animals that assist, support, or

provide service to persons with disabilities. HABC shall not apply nor enforce this Pet Policy against

animals that are necessary as a reasonable accommodation to assist, support, or provide service to

persons with disabilities. This exclusion applies to such animals that reside in public housing, as such

term is defined herein, and such animals that visit public housing developments.

C. SECTION I. DEFINITIONS.

1. The term “Management” means HABC Housing Operations or its designee, which is the

Asset Manager of Resident’s development and his/her designee.

2. (a) The term “Pet” is defined as a domesticated small animal limited to dogs, cats, gerbils,

hamsters, guinea pigs, small birds such as parakeets, canaries, finches, cockatoos, and parrots,

and fish, lizards and amphibians within the size and weight limitations established in this

Policy.

(b) The following animals are excluded from the definition of Pet and are expressly

prohibited from being kept, owned, or harbored in, on or about the Dwelling Unit or

Premises

(as the term Premises is

defined

below) by any Resident or any member of the

Resident’s household, guest, or any other person under the Resident’s control:

(i) Wolves and part wolves, and dogs that are known to exceed thirty-five (35)

pounds at maturity, including, but not limited to, Afghan Hounds, Great

Danes, Collies, Retrievers (Golden, Labrador), Pointers, Irish Setters,

Dalmatians, Boxers, Doberman Pinschers, German Shepherds, Rottweilers,

Pit Bulls, Bull Terriers, Giant Schnauzers, and Siberian Huskies.

(ii) Any animal maintained or utilized for breeding, fighting, or sale, or as a

guard dog; and

(iii) Any animal prohibited under any applicable Federal, state, or local law from

being kept in a residence.

HABC ACOP: Draft 7-26-19 F-2

(i) “Smaller Pet” means Pets that must be always kept in a cage or tank, such as

gerbils, hamsters, guinea pigs, birds, lizards, amphibians and fish within the

size and weight limitations established in this Policy.

(ii) “Larger Pet” means dogs and cats, within the size and weight limitations

established in this Policy.

3. The term “Premises” means the building, complex or development in which the Resident’s

Dwelling Unit is located. Any conduct prohibited on the Premises under the Pet Policy is

prohibited on or in any other HABC-owned or assisted property.

4. The term “public housing” is defined as housing assisted under the Housing Act of 1937,

other than Housing Choice Voucher Program (“Section 8”). Public housing includes dwelling

units in a mixed finance development that are assisted by HABC with capital or operating

assistance but does not include public housing developments for the elderly or persons with

disabilities.

D. SECTION II. REQUIREMENTS

1. Number Limitations - No more than: (a) one Larger Pet (dog or cat), and/or (b) one cage

holding no more than two Smaller Pets, or one 20-gallon fish tank may be kept in a Dwelling

Unit. Heads of household shall be responsible for each Pet. The Resident must maintain the

Pet

responsibly

and in

accordance

with

applicable

state and local public health, animal control,

and animal anti-cruelty laws and regulations.

2. Size of Pet - Dogs or cats (Larger Pets) shall weigh no more than thirty-five (35) pounds at

maturity. Fish, amphibians, and lizards must be housed humanely within a single bowl or

steel framed glass fish tank having a capacity of not more than twenty (20) gallons. Birds can

be no larger than one (1) pound. Other Smaller Pets such as gerbils, hamsters and guinea pigs

must be no larger than two (2) pounds.

3. Resident’s Capacity to Care for Pets - A Pet owner must be physically and mentally capable

of taking care of the Pet. Further, Pet owners must be able to provide food and medical care

for their Pets.

Pet Security

Deposit - A

refundable

Pet security deposit of

fifty

dollars ($50.00) shall be

required for Larger Pets. The Pet security deposit may be paid over a consecutive three (3)

month period and will be held by HABC in the manner required for applicable security

deposits

under Maryland

law.

Upon move-out or Pet removal the cost to de-flea, deodorize, and clean the carpet and/or floor

tile will be deducted from the Pet security deposit if deemed necessary by Management. The

Dwelling Unit will be inspected and the remainder of the Pet security deposit, if any, will be

refunded as required by law, if the Dwelling Unit is free of damage. The move-out inspection

will be performed by the Resident and Management.

The Pet security deposit may only be applied to damages caused by the Pet or to HABC’s

HABC ACOP: Draft 7-26-19 F-3

cost to remove the Pet if the Resident vacates his or her unit without removing the Pet.

5. Hold

Harmless -

A Pet is the sole responsibility of the Resident. HABC, its employees,

contractors, agents, and staff are in no way

responsible

for any actions, injuries, claims or

damages caused by the Resident’s Pet.

6. Vaccinations – Every Pet, if required by law, must wear a current City Animal license and

be vaccinated. Resident must submit the pet license to the Management Office together with

his or her application for Pet registration. A copy of the Pet’s (dog or cat) current inoculation

and treatment is to be furnished and verified annually by a licensed veterinarian which must

indicate dates of most recent shots and treatment against disease and parasites as follows:

(a) Dogs – rabies, parvo-virus, para-influenza, distemper, hepatitis, leptospirosis

(D.H.L.), hookworm, heartworm, roundworm, tapeworm, and other internal and

external parasites, fleas, ticks and other diseases of the skin including eczemas.

(b) Cats – rabies, rhinotracheitis, calici virus, pneumonitis, tapeworms, hookworms,

heartworms,

and other

internal

and external

parasites,

fleas, lice, and ticks.

7. Spaying and Neutering – Female cats and dogs over six months of age must be spayed and

male cats and dogs over eight months must be neutered unless the Resident submits to HABC

a licensed veterinarians written certification giving medical reasons why spaying or neutering

is detrimental to the pet’s health.

8. Breeding, Fighting, Sale Prohibited - Residents shall not breed any dog, cat or other animal,

or maintain an animal in a manner in which breeding is the intended result, on or in connection

with any HABC Property. "Breeding" is defined as activity to cause the production of

offspring for the purpose of sale or other remuneration. Residents shall not engage in animal

fighting on or in connection with any HABC property. Any Resident who engages in animal

breeding or animal fights or the sale of animals is subject to lease termination. A Resident

who no longer wishes to keep his or her Pet and sells the Pet as a method of removing the Pet

from his or her Unit is not considered to have engaged in the prohibited sale of animals.

9. Housekeeping/Pet Hygiene – In addition to the Resident’s housekeeping requirements

expressed elsewhere in the Lease:

(a) The Resident must maintain the Dwelling Unit free of Pet odors and in a clean and

sanitary condition.

(b) Dogs are not to be caged. Dogs may be kept in humane dog crates for transporting

the dog.

scoop the dog waste and place it in a plastic bag securely before placing the plastic

bag in a heavy plastic trash bag, which is tied and disposed of in an approved trash

receptacle.

(d) Cats must be litter box trained. Litter boxes must be changed a minimum of once a

week and scooped once a day. Cat litter is to be bagged securely in a heavy plastic

trash bag, which is tied and disposed of in an approved trash receptacle.

HABC ACOP: Draft 7-26-19 F-4

RESIDENTS MUST NOT FLUSH LITTER INTO THE COMMODE.

(e) Birds must be

always maintained in a cage

, and never allowed to fly free within the

Dwelling Unit.

(f) Other Smaller Pets such as gerbils, hamsters and guinea pigs must also be always

maintained in a cage, and not allowed to wander about the Dwelling Unit or

development.

(g) Dog and cat bedding and the Dwelling Unit are to be kept free of, and treated

regularly against, infestations by fleas, ticks, lice, pet worms, mites, bedbugs, and

other parasites and vermin. If

infestation

of any such parasites or vermin occurs,

Management shall have the right to eradicate in all affected areas at Pet owner’s

expense.

(h) Residents must control noise and odor caused by their Pets.

(i) Residents shall not leave exposed pet food and dirty pet food dishes in their units or

on the Premises.

10. Pet Control in Public Area –Dogs must be on a leash outside of the

Dwelling

Unit and in

all public areas. Under no circumstances may any Pet of any kind be taken into, or permitted

to be in, the recreation/community rooms, or any other common area.

11. Waste Control – Pet owners shall be responsible for immediate cleanup of Pet feces in

accordance with applicable law. Resident must ensure that his/her yard is kept clear of Pet

feces. Resident will not place any animal fecal waste, cat litter, etc., or other articles in any

sink, bathtub, toilet, or on the grounds. Residents must place all Pet waste in a heavy plastic

trash bag, tied and disposed of in an approved trash receptacle. If a toilet has to be unclogged

or a sink unstopped because of animal waste, cat litter, and/or stones from a fishbowl, the

Resident will pay all associated costs.

12. Nuisance/Endangerment of Persons – If any Pet becomes a threat to: (a) the safety or quiet

and peaceful

enjoyment

of the

Premises

by any other

Resident, his/her households and their

guests; (b) the safety of HABC employees, contractors, delivery persons

or visitors to the

Premises or otherwise significantly interferes with the performance of their duties; or (c) if

such Pet causes damage to any part of the building or grounds or the

furnishings

and fixtures

thereof;, then, upon the written request of

Management, Resident

shall permanently remove

such Pet from the Premises within five (5) calendar

ys. In the case of a Pet biting a person,

the Pet must be immediately removed to an area for observation for a period designated by a

Health Officer and must then be

examined

by a licensed Veterinarian. Animal bites must also

be reported to the local Health Department and/or the Police. Refusal by the Pet owner to

abide by Management’s request for the removal of such Pet is a material lease violation that

may result in termination of the Resident’s lease. A directive from Management for the

removal of a Pet may be grieved by Resident as applicable under the HABC Grievance Policy.

13. Complaints/Problems – Management will investigate complaints and/or reported problems

concerning a Pet. Management will notify the Pet owner in writing of the complaint and the

Resident will have twenty-four (24) hours to respond to a complaint that Management has

determined to be material. If the Manager verifies the complaint and the Pet is not

HABC ACOP: Draft 7-26-19 F-5

endangering other people, the Resident will be given the opportunity to address the issue that

gave rise to the complaint. If Management receives a second complaint, which is verified

by management, the Resident will be informed the Pet must be removed. However, the

Resident may file a grievance. Failure to comply may result in termination of residency. If

the complaint is of a nature that requires HABC to immediately contact an officer or

authorized agent of a humane society, or a police officer or other public official required to

protect animals, the above procedures will not apply, and the complaint may be addressed

by such authorized entities or officials.

14. Resident’s Absence – No Pet, other than fish in a fish tank, shall be left alone in any Dwelling

Unit for over twenty-four (24) hours. Any Resident who will be absent for twenty-four (24)

hours or longer for any reason must plan for such Pet to be kept elsewhere during his/her

absence if no other adult resides in the Dwelling Unit under the lease.

15. “Pet-sitting” Prohibited – Residents are not permitted to “pet-sit” other people’s Pets or

animals. Residents shall not allow their guests or visitors to bring any animal prohibited under

this Pet Policy to their Dwelling Unit or the Premises.

16. Animal Rescue – An officer or authorized agent of a humane society, or a police officer or

other public official required to protect animals who presents documentation to Management

of his or her authority to rescue or remove an animal will be provided access by HABC to

enter the Dwelling Unit to rescue the animal.

17. Responsibility for Pet in an Emergency – The Resident shall complete Section III of the

Pet Application and submit it to Management Office. Section III of the Pet Application is an

agreement signed by one (1) person who is not a Resident of the Dwelling Unit who will

assume immediate responsibility for the Pet in case of an emergency or in case the Resident

becomes unable to provide proper care for the Pet. In addition, the Resident shall file with

the Management Office a document in the form provided by HABC authorizing Management

to have the Pet removed in the event that the Resident cannot care for the Pet, and the

responsible party cannot be reached or the responsible party refuses to provide proper care

for the Pet. Management will contact an appropriate authority for removal of the Pet in such

event.

18. Fire Emergency – When a fire alarm or smoke detector sounds, if the Resident is unable to

evacuate safely with the Pet, the Pet is to be placed in the bathroom and the door is to be

closed. If evacuation is necessary the fire department will be responsible for the evacuation

of Residents first, and then the Pet.

19. Subsequent Agreements –Resident must notify Management upon Resident’s removal of a

Pet for which Resident paid a pet security deposit. Resident and Management will perform an

inspection of the apartment. The Pet security deposit will be used towards any damages and

the balance, if any, of the Pet security deposit will be returned to the Resident within forty-

five (45) days. If the Resident determines he/she wants a new Pet, Resident must submit a

new application for a Pet, and upon approval, the Pet must be registered with the Management

Office and a new Pet security deposit must be collected in accordance with the Pet Policy.

20. Resident’s Signature – Residents will receive a copy of the Pet Policy as an attachment to

the Lease. At the time they sign their Lease, Residents must sign an acknowledgment of

receiving the Pet Policy, acknowledging notice and acceptance of the Pet Policy. Residents

HABC ACOP: Draft 7-26-19 F-6

who wish to maintain a Pet will have to meet all requirements listed in this

Pet Policy

complete and sign the

“Application

for Pets” form and pay the pet security deposit prior to

keeping a Pet in their Dwelling Unit.

21. Modifications to Pet Policy - HABC reserves the right to rescind or change any of the

foregoing rules to make such rules and regulations as may be deemed necessary for the safety,

care and cleanliness of the Premises, and for the security, comfort and convenience of all

Residents. Any changes deemed necessary by HABC will be made in accordance with the

Lease.

22. Incorporation of Pet Policy in Lease - This Pet Policy is made a part of the HABC Dwelling

Lease as an attachment to the Lease, and any violation of this Pet Policy, will be considered

a material breach of the Lease. If any Court declares a particular provision of this Pet Policy

to be invalid or unenforceable, all other terms of this Pet Policy shall remain in effect, and

both HABC and the Resident will continue to be bound by all such other terms of the Pet

Policy.

AGREED TO AND ACCEPTED BY RESIDENT(S):

______________________________________ ___________________

HEAD OF HOUSEHOLD DATE

______________________________________ ___________________

CO-HEAD OF HOUSEHOLD DATE

ADDRESS ______________________________________________________________

___________________________________________ ___________________

ASSET MANAGER’S SIGNATURE DATE

Attachment: Application for a Pet

HABC ACOP: Draft 7-26-19 F-7

ATTACHMENT A

APPLICATION FOR A

DOGS AND CATS MUST BE PHOTOGRAPHED BY MANAGEMENT AND THE

PHOTOGRAPH(S) MUST BE ATTACHED TO THE APPLICATION WITH THE

DATE THE PHOTOGRAPH(S) WAS/WERE TAKEN.

SECTION I

I/we, ________________________________ and ____________________________________,

Head of Household Co-Head of Household

Resident(s) of _______________________, residing at ________________________________

Name of Development Address

verify that I/we have received and reviewed the HABC Pet Policy, and I/we understand and accept

the HABC Pet Policy

. I/we am/are also aware that the HABC Pet Policy is an

official part of

my/our Lease, and that I/we am/are to abide by all its terms, and that my/our failure to do so is a

material violation of my/our Lease.

Signature of Resident(s)

_________________________________ ___________________

Head of Household Date

_________________________________ ___________________

Co-Head of Household Date

SECTION II

cription:

________________________

Type: ___

________________ S

ex:

_____

Weight: _____________

ge:

________

Name:

_____________________

Col

nd M

arki

ngs

________________________________

Spayed: _____________________________ Neutered: ___________________________

City License No.: __________________________________ (Copy must be attached)

Date of Most Recent Vaccination(s): ____________________________

eterinaria

n’s N

ame:

________________________________________

eterinaria

n’s A

ddre

______________________________________

eterinaria

n’s

Telephone

umber:

_____________________________

HABC ACOP: Draft 7-26-19 F-8

SECTION III

I, _________________________________, (non-Resident) am a relative /friend (circle one) of

Name of Non-Resident

Resident(s) _____________________________, and I reside at __________________________.

Name of Resident(s)/Applicant(s)

Address of

Non-Resident

By signing below, I (non-Resident) agree to remove the Pet from Resident’s unit and accept full

responsibility for the Pet identified in Sections I and II of this application in the event of an

emergency or if the Resident is unable to care for the Pet. I certify that the information in Section

III of this application is true and correct to the best of my knowledge.

Printed Name of Non-Resident: _________________________

Signature of Non-Resident: ____________________________

Date: _______________________

Telephone Number of Non-Resident: ____________________

By signing below, I/we (Resident(s)/Applicant(s)) certify that the information in this application

is true and correct to the best of my/our knowledge, and I/we agree that Management is authorized

to have the Pet removed in the event that I/we cannot care for the Pet and the non-Resident

identified above cannot be reached or is unable to remove or care for the Pet.

Printed Name(s) of Resident(s) /Applicant(s): _______________________________________

Signature(s) of Resident(s) / (Applicants(s) _________________________________________

Date: _______________________

Telephone Number of Resident(s) /Applicant(s): ______________________

Printed Name of Manager: ____________________

Signature of Manager: _________________________ Date:______________________

Telephone Number of Manager: ______________________

HABC ACOP: Draft 7-26-19 G-1

Appendix G: OVER-INCOME LIMITS

Over Income Limit 2019

Persons in Family

Over

Income

Limit

$84,840

$96,960

$109,080

$121,200

$130,920

$140,640

$150,360

$160,080

Over income limit is applied to a family's adjusted income.

HABC ACOP: Draft 7-26-19 H-1

Appendix H: RESIDENT GRIEVANCE POLICY AND PROCEDURES

I. PURPOSE

This grievance policy and procedures (the “Grievance Policy”) is established to ensure that

residents are afforded an opportunity for a fair hearing if the resident disputes any Housing

Authority of Baltimore City (HABC) action or failure to act involving the resident's lease or

HABC actions, which adversely affects the individual resident's welfare, rights, duties or

status. Tenancy shall not terminate until such time as the grievance process has been

completed. This Grievance Policy shall be incorporated by reference into the dwelling lease

and made an attachment to the lease.

This Grievance Policy applies to the privately owned/managed sites that do not have separate

admissions and continued occupancy policies, which include a grievance policy.

II. APPLICABILITY

Maryland law affords residents the opportunity for a court hearing that provides the basic

elements of due process (as defined below) before eviction from the dwelling unit. Therefore,

this Grievance Policy shall be applicable to only the individual grievances defined in Section

III.F below. The following are not subject to this Grievance Policy:

A. Refusal to pay rent when due unless the amount of rent charged is in dispute.

B. Disputes between residents not involving management.

C. Class grievances.

D. Any criminal activity that threatens the health, safety, or the right to peaceful

enjoyment of the premises of other residents or employees of HABC.

E. Any violent or drug related criminal activity on or off the premises.

F. Any criminal activity that resulted in felony conviction of a household member; or

G. Any lease termination due to the occupancy of a person subject to a sex offender

lifetime registration requirement.

III. DEFINITIONS

A. Class Grievance: Any grievance in which the decision on an individual grievance

would be, as a practical matter, dispositive of the interests of other residents.

B. Complainant: Any resident, as defined in paragraph H below, who presents to the

management office a grievance in accordance with the procedures set forth herein.

HABC ACOP: Draft 7-26-19 H-2

C. Drug: A controlled substance as defined in section 102 of the Controlled Substances

Act (21 U.S.C. 802).

D. Drug Related Criminal Activity: The illegal manufacture, sale, distribution, or use of

a drug, or the possession of a drug with intent to manufacture, sell, distribute, or use

the drug.

E. Elements of Due Process: An eviction action or termination of tenancy in a state or

local court in which the following procedural safeguards are required:

1. Adequate notice to the resident of the grounds for terminating the tenancy and

for eviction.

2. Right of the resident to be represented by counsel.

3. Opportunity for the resident to refute the evidence presented by HABC,

including the right to confront and cross-examine witnesses and to present any

affirmative legal or equitable defense which the resident may have.

4. A decision based upon the facts presented at the hearing.

F. Grievance: Any dispute that a resident may have with respect to the management's

(HABC) action or failure to act in accordance with the individual resident's lease or

management procedures, which adversely affects the individual resident's rights,

duties, welfare or status, including any dispute about the amount of rent that is

charged. For the purpose of the lease and the grievance procedures, the definition of

"grievance" does not include the issues set forth in Sections II.A through II.G above.

G. Premises: The building or complex or development in which a public or assisted

housing dwelling unit is located, including common areas and grounds.

H. Resident: The adult person (or persons, other than a live-in aide, as defined in the

lease): (1) who resides in the unit, and who executed the lease with HABC as lessee

of the dwelling unit, or, if no such person now resides in the unit, (2) who resides in

the unit and is identified in the lease as a household member, and is the remaining

head of household of the resident family residing in the dwelling unit.

I. Reasonable Accommodation: A modification or change in HABC’s rules, policies,

practices or services that will provide the opportunity to participate in HABC’s

programs and services and/or to meet HABC’s essential requirements of tenancy

made for an otherwise eligible individual with a disability.

J. Violent Criminal Activity: Any criminal activity that has as one of its elements the

use, attempted use, or threatened use of physical force substantial enough to cause, or

be reasonably likely to cause, serious bodily injury or property damage.

HABC ACOP: Draft 7-26-19 H-3

IV. INFORMAL SETTLEMENT OF GRIEVANCE

As much as possible should be left to the mutual efforts of management and the resident, with

both parties attempting to resolve all complaints as quickly and justly as possible. However,

the resident may present a grievance for any complaint which cannot be resolved by such

methods, and the following procedure will apply:

A. The resident shall, either orally or in writing, present a description of the grievance to

the management office within ten (10) working days after the HABC action or failure

to act, giving rise to the grievance, so that the grievance may be discussed informally

and settled without a formal hearing. (The form attached as Exhibit A may be used

for this purpose.)

B. The resident shall be given a receipt by management upon presentation of the

grievance, stating the date of filing and the nature of his/her grievance, and a copy will

be retained in the management resident file. (The receipt shall be in the form attached

as Exhibit B.)

C. The asset manager, in concert with the resident, will establish a mutually agreeable

date, time and place for the informal discussion of the grievance.

D. The asset manager shall mail to the resident within five (5) working days after the

meeting, a summary of the informal discussion and his/her decision regarding the

proposed disposition of the complaint and the specific reason therefor. The summary

shall specify the procedures by which a hearing may be obtained if the resident is not

satisfied with the decision. A copy of the form attached as Exhibit C shall be enclosed

with the summary which is to be used by the resident to request a formal grievance

hearing.

E. The resident may request a formal grievance hearing as described in Section V below.

V. PROCEDURE TO OBTAIN A HEARING

A. Request for Hearing: If the resident is not satisfied with the results of the informal

discussion of grievance and desires a formal grievance hearing, the resident must

submit a written request for a hearing to the management office, no later than ten (10)

working days after the date resident receives the Summary of Discussion, pursuant to

Section IV above. The written request shall specify:

1. The reasons for the grievance.

2. The action or relief the resident is requesting.

(The form for this purpose, Exhibit C, may be obtained from the Management Office.)

HABC ACOP: Draft 7-26-19 H-4

B. Prerequisite For Obtaining Formal Hearing: All grievances shall be presented either

orally or in writing pursuant to the informal procedures described in Section IV above

as a condition precedent to a hearing. A resident may request a waiver of this

requirement. However, the resident bears the burden of establishing good cause for

failing to comply with the prerequisite condition. For purposes of this section, good

cause includes, but is not limited to: (a) a verifiable medical condition that prevented

the resident from requesting an informal hearing; (b) a documented absence from the

unit which prevented the resident from receiving a notice of adverse action; (c) a

verifiable disability that prevented the resident from understanding or being aware of

the adverse action that the resident disagrees with; or (d) documentation that

management did not schedule an informal discussion, and such failure was not due to

lack of cooperation by the resident. To request such a waiver, the resident shall follow

the following procedure:

1. The resident shall complete and submit to the management office a request for

a waiver, which shall be in the form attached as Exhibit D.

2. A hearing panel will be convened.

3. The resident shall appear before the hearing panel to show why he or she failed

to proceed in accordance with Section IV above.

4. If the hearing panel decides the resident has shown good cause for his or her

failure to proceed in accordance with Section IV above, the hearing panel may

waive the requirements of Section IV.

5. The resident will be notified in writing of the decision of the hearing panel on

the resident’s waiver request. If the hearing panel grants such a waiver, it shall

immediately set a date for a hearing on the resident’s grievance, and the

resident will be notified in writing of the hearing date.

Failure to request a hearing shall not constitute a waiver by the resident of his or her

right thereafter to contest management's action in disposing of the complaint in an

appropriate judicial proceeding.

C. Failure to Make a Timely Request for a Hearing: If the resident does not make a

request for a hearing within ten (10) working days after receipt of Summary of

Discussion, management's disposition of the grievance shall become final.

The resident may request a waiver of this ten (10) working days requirement.

However, the resident bears the burden of establishing good cause for failing to

proceed in accordance with this requirement. For purposes of this section, good cause

includes, but is not limited to: (a) a verifiable medical condition that prevented the

Resident from proceeding within the ten (10) working day period; (b) a documented

absence from the unit which prevented the resident from receiving the summary of

the informal discussion of grievance; or (c) a verifiable disability that prevented the

HABC ACOP: Draft 7-26-19 H-5

resident from understanding or being aware of the summary of informal discussion of

grievance. To request a waiver, the resident shall follow this procedure:

1. Within thirty (30) calendar days after receipt of Summary of Discussion, the

resident shall submit to the Management Office a request for waiver of this

ten (10) working days requirement.

2. A hearing panel will be convened.

3. The resident shall appear before the hearing panel to show why he or she failed

to proceed within the given ten (10) working days period.

4. If the hearing panel decides the resident has shown good cause for his or her

failure to proceed within the ten (10) working days period, the hearing panel

may waive the ten (10) working days requirement.

5. The resident will be notified in writing of the decision of the hearing panel on

the resident’s waiver request. If the hearing panel grants such a waiver, it shall

immediately set a date for a hearing on the resident’s grievance, and the

resident will be notified in writing of the hearing date.

Failure to request a hearing shall not constitute a waiver by the resident of his or her

right thereafter to contest management's action in disposing of the complaint in an

appropriate judicial proceeding.

D. Escrow Deposit: In any grievance involving the amount of rent or any part thereof,

as defined in the lease, which management claims is due under the lease, and which

has not been paid, the resident shall pay to management at the time the resident files

his or her request for a formal hearing under Section V. A above, an amount equal to

the amount of rent due and payable as of the first of the month preceding the month

in which the act or failure to act took place. The resident shall thereafter pay the same

amount of the monthly rent to the management office, and the management office

shall deposit the monies in an escrow account until the complaint is resolved by

decision of the hearing panel. Following this decision, any amount due the resident

from the escrow deposits shall be returned in full to him or her within thirty (30)

calendar days. These requirements for escrow deposit must be waived by

management:

1. In the event management determines, upon request by the resident, that the

resident is unable to pay the escrow deposit because of a financial hardship

exemption from the minimum rent requirements in accordance with the lease,

2. For the portion of the resident’s rent attributable to the imputed welfare

income.

HABC ACOP: Draft 7-26-19 H-6

Unless so waived, the failure to make such payments shall result in a termination of

the grievance procedure, if failure to make payment shall not constitute a waiver of

any right the resident may have to contest management's disposition of his or her

grievance in an appropriate judicial proceeding.

E. Scheduling of Hearings: Upon the resident’s compliance with all applicable

procedures or waiver pursuant to Section V above, the asset manager shall, within five

(5) working days, forward the resident’s request for a grievance hearing to the hearing

panel secretary. The secretary will immediately notify the members of the hearing

panel of the resident’s request for a formal hearing and shall promptly schedule a

hearing within forty-five (45) calendar days at a time mutually convenient for the

panel, the resident and management. A written notification shall be delivered by hand

or by regular mail, specifying the time, the place and the procedures governing the

hearing, to the hearing panel members, the resident and the appropriate management

official.

VI. SELECTION OF HEARING PANEL

A. The grievance shall be presented before a permanent hearing panel consisting of five

(5) voting persons and a secretary who will be provided by management.

B. The Policy Committee of the Resident Advisory Board (RAB) will select two (2)

permanent panel members; management will select two (2) panel members for each

grievance hearing; and one impartial member will be selected on a rotating basis from

a list of names previously compiled by agreement between management and the

Policy Committee of RAB. No one on the list may be an officer, employee or resident

of HABC.

C. The Policy Committee of RAB will select two (2) alternate panel members, who will

serve on the panel if a permanent RAB member cannot be contacted, is unable to

attend the hearing or is unable to serve.

D. No relatives of the resident shall serve on the hearing panel.

E. No person from the resident’s development shall serve on the hearing panel.

F. No person whose duties or responsibilities are involved in any way with the grievance

at issue shall serve on the hearing panel.

G. The term for the permanent hearing panel members and alternates selected by RAB

will be for one year, beginning January 1 of each year. If a permanent RAB member

leaves before the end of his or her term, the position will be filled by an alternate and

a new alternate will be selected. Members may be reappointed for subsequent terms.

The list from which the impartial member is selected will also be drawn up on an

annual basis, effective January 1 of each year.

HABC ACOP: Draft 7-26-19 H-7

VII. PROCEDURES GOVERNING THE HEARING

A. The hearing shall be held before the hearing panel selected pursuant to Section VI

above. The full panel or three members shall constitute a quorum for the hearing of a

grievance if one member chosen by the Policy Committee of RAB, one member

chosen by management, and the impartial member are present.

B. The impartial member shall act as moderator at the hearing. His or her responsibilities

will include coordinating all activities associated with the hearing, such as calling

witnesses and maintaining order, and generally ensuring that the hearing is conducted

in a fair and orderly manner.

C. The resident shall be afforded a fair hearing providing the basic safeguards of due

process, which shall include:

1. The opportunity to examine before the hearing any HABC documents and to

copy all documents and records that management intends to rely upon at the

hearing. Any document relevant to the hearing that management does not

make available to resident after request by resident may not be relied on by

management at the hearing. The copying of documents that management

intends to use at the hearing shall be done at the expense of management. All

other documents shall be copied at the expense of the resident.

2. The right to be represented by counsel or another person chosen by the resident

as his or her representative, at the resident’s expense.

3. The right to a private hearing (which includes only panel members, the

resident, the asset manager, the hearing panel secretary, the resident’s counsel

or representative and witnesses) unless the resident requests a public hearing.

4. The right to present evidence and arguments in support of his or her complaint,

to controvert evidence relied on by management, and to confront and cross

examine all witnesses upon whose testimony or information management

relies.

5. The right to a decision based solely and exclusively upon the facts presented

at the hearing.

6. The hearing panel shall hear each case and judge it on its own merit.

D. Management and resident shall exchange lists of witnesses that each intends to call

upon at the hearing.

E. If the resident or management fails to appear at a scheduled hearing, the hearing panel

may make a determination to postpone the hearing or may make a determination that

HABC ACOP: Draft 7-26-19 H-8

the party has waived the right to a hearing. Both the resident and management shall

be notified of the determination by the hearing panel, provided that a determination

that the resident has waived the right to a hearing shall not constitute a waiver of any

right the resident may have to contest disposition of the grievance by management in

an appropriate judicial proceeding.

F. At the hearing, the resident must first make a showing of an entitlement to the relief

sought and thereafter management must sustain the burden of justifying management's

action or failure to act against which the complaint is directed.

G. The hearing shall be conducted informally by the hearing panel, and oral or

documentary evidence pertinent to the facts and issues raised by the complaint may

be received without regard to admissibility under the rules of evidence applicable to

judicial proceedings. The moderator shall require management, the resident, counsel

and other participants or spectators to conduct themselves in an orderly fashion.

Failure to comply with the directions of the moderator to obtain order may result in

exclusion from the proceedings.

H. The resident or management may arrange, in advance and at the expense of the party

making the arrangement, for a transcript of the hearing. Any interested party may

purchase a copy of such transcript.

VIII. DECISION OF THE HEARING PANEL

A. The hearing panel shall prepare a written decision, together with the reasons therefor,

within ten (10) working days after the hearing. A copy of this decision shall be sent

to the resident, the Assistant Chief of Conventional Public Housing or the Assistant

Chief of Private Management, whichever is applicable, and the appropriate

management office. Management shall retain a copy of the decision in the resident's

folder.

B. If the grievance is in reference to monies due to HABC, and the hearing panel rules in

favor of management, a written agreement may be made between the resident and the

appropriate asset manager for payment. The asset manager shall take into

consideration any recommendations made by the hearing panel as to the amount and

the scheduling of payments.

C. The decision of the hearing panel shall be binding on management, which shall take

all action, or refrain from any action, necessary to carry out the decision unless the

HABC Board of Commissioners determines within a reasonable time (30 calendar

days) and promptly notifies the resident of its determination that:

1. The grievance does not concern management's action or failure to

act in accordance with or involving the resident’s lease or management

rules, which adversely affect the resident’s rights, duties, welfare or status.

HABC ACOP: Draft 7-26-19 H-9

2. The decision of the hearing panel is contrary to applicable federal, state or

local law, the MTW Agreement, or HUD regulations or the requirements of

the Annual Contributions Contract between HUD and HABC.

D. A decision by the hearing panel or the HABC Board of Commissioners in favor of

management or which denies the relief requested by the resident in whole or in part

shall not constitute a waiver of, nor affect in any manner whatsoever, any rights the

resident may have to a trial or judicial review in any judicial proceedings, which may

thereafter be brought in the matter.

X. REASONABLE ACCOMMODATIONS

Upon written notification submitted by the resident of a request for a reasonable

accommodation as part of an informal discussion of grievance, or a formal grievance hearing,

HABC will provide reasonable and accessible accommodations for residents with qualified

disabilities and communication that is as effective as that provided to individuals without

disabilities. Moreover, HABC shall take appropriate steps to ensure that communications

with residents with disabilities are as effective as communications with others, which may

include, but not be limited to, enlarged print, a signer (sign language interpreter), audio

communication, Braille, or a reader.

XI. TIME PERIODS

In computing time periods referred to in this procedure, Saturdays, Sundays and federal,

state or HABC legal holidays occurring on weekdays shall not be included in determining

working days.

HABC ACOP: Draft 7-26-19 H-10

HOUSING AUTHORITY OF BALTIMORE CITY

RESIDENT GRIEVANCE

AND

REQUEST FOR INFORMAL DISCUSSION OF GRIEVANCE

NAME: _______________________________________

ADDRESS: __________________________________________________________

TELEPHONE NUMBER(S): ____________________________________________

HOUSING DEVELOPMENT: ___________________________________________

NAME OF ASSET MANAGER (If Known): _______________________________

BRIEF DESCRIPTION OF GRIEVANCE (Include Dates If Known): ____________

____________________________________________________________________

I understand that I can bring documents, witnesses and other persons that I think

will be helpful to me at the informal discussion of my grievance with HABC. I also

understand that I have a right to bring a lawyer or representative to the informal

discussion of my grievance at my own expense.

**** NOTICE ****

If you are a person with a disability and are unable to comply with the contents

of this document, you have the right to ask HABC to make a reasonable

accommodation for you. To make such a request, please contact your Housing

Manager at 443-984-1867 or Maryland Relay at 410-547-9247.

Resident’s Signature: ___________________________ Date: _______________

________________________________________________________________________

Housing Management Staff Name and Signature

Received by: __________________________

Signature: ____________________________ Date: _______________

HABC ACOP: Draft 7-26-19 H-11

EXHIBIT A

HOUSING AUTHORITY OF BALTIMORE CITY

RECEIPT OF RESIDENT GRIEVANCE AND REQUEST FOR INFORMAL

DISCUSSION OF GRIEVANCE

NAME: ___________________________ ACCOUNT NUMBER: ___________

ADDRESS: __________________________________________________________

TELEPHONE NUMBER(S): ____________________________________________

HOUSING DEVELOPMENT: ___________________________________________

NAME OF ASSET MANAGER: ________________________________

Acknowledgement

On _____________ [Date] at _________ [Time], the undersigned Housing Management

Staff received the attached Resident Grievance and Request for Informal Discussion of

Grievance from, or on behalf of, the above-named person (“Resident”).

Resident will be notified of the date and time of the informal discussion.

Resident may bring documents, witnesses, and other persons that Resident thinks will

be helpful to Resident at the informal discussion of Resident’s grievance with HABC.

Resident also has the right to bring a lawyer or representative to the informal discussion

of the grievance at Resident’s own expense.

**** NOTICE ****

If you are a person with a disability and are unable to comply with the contents

of this document, you have the right to ask HABC to make a reasonable

accommodation for you. To make such a request, please contact your Housing

Manager at 443-984-1867 or Maryland Relay at 410-547-9247.

__________________________________________ ___________________

Signature of Resident (or Representative) Date

__________________________________________ ____________________

Signature of Housing Management Staff Date

__________________________________________

Printed Name and Title of Housing Management Staff

HABC ACOP: Draft 7-26-19 H-12

EXHIBIT B

HOUSING AUTHORITY OF BALTIMORE CITY

REQUEST FOR FORMAL GRIEVANCE HEARING

NAME: _____________________________________________________________

ADDRESS: __________________________________________________________

TELEPHONE NUMBER(S): ____________________________________________

HOUSING DEVELOPMENT: ___________________________________________

NAME OF ASSET MANAGER (If Known): _______________________________

Statement Of Formal Grievance Hearing Request

I have received the summary of the discussion we had on ____________, regarding

my grievance concerning: _______________________________________________

________________________________________________________________________________

Your decision in this matter is not satisfactory, and I therefore request a formal

grievance hearing in accordance the Housing Authority of Baltimore City (HABC)

grievance policy and procedures.

Action Or Relief You Are Requesting

I am requesting the following action or relief: __________________________

________________________________________________________________________________

I understand that I can bring documents, witnesses and other persons that I think

will be helpful to me at the formal grievance hearing. I also understand that I have

a right to bring a lawyer or representative to the formal grievance hearing at my

own expense.

**** NOTICE ****

If you are a person with a disability and are unable to comply with the contents

of this document, you have the right to ask HABC to make a reasonable

accommodation for you. To make such a request, please contact your Housing

Manager at 443-984-1867 or Maryland Relay at 410-547-9247.

Resident’s Signature: ___________________________ Date: _______________

________________________________________________________________________

Housing Management Staff Name and Signature

Received by: __________________________

Signature: ____________________________ Date: _______________

HABC ACOP: Draft 7-26-19 H-13

EXHIBIT C

HOUSING AUTHORITY OF BALTIMORE CITY

INSTRUCTIONS FOR REQUEST FOR GRIEVANCE WAIVER HEARING

It is the Resident’s responsibility to demonstrate good cause as to why the Resident did

not comply with the required procedures set forth in the Housing Authority of

Baltimore City (HABC) Grievance Policy for obtaining a formal grievance hearing.

Good cause for why the required informal discussion of grievance was not conducted,

includes, but is not limited to:

1) A verifiable medical condition that prevented the Resident from requesting an

informal hearing.

2) A documented absence from the unit which prevented the Resident from

receiving a notice of adverse action.

3) A disability that prevented the Resident from understanding or being aware of

the adverse action that Resident disagrees with.

4) Documentation that the Housing Manager did not schedule an informal

discussion, and such failure was not due to lack of cooperation by the

Resident.

Good cause for why the Resident did not request a formal grievance hearing within ten

(10) working days after the summary of the informal discussion of grievance as required

includes, but is not limited to:

1) A verifiable medical condition that prevented the Resident from requesting a

formal hearing within the ten (10) working days after receiving the Summary of

the Informal Discussion of Grievance.

2) A documented absence from the unit which prevented the Resident from

receiving the summary of the informal discussion of grievance; or

3) A verifiable disability that prevented the Resident from understanding or being

aware of the summary of informal discussion of grievance.

You may bring documents, witnesses and other persons that you think will be

helpful to you at any hearing or discussion with you to consider your Request for

Grievance Waiver Hearing, and to a formal hearing on your grievance if your

request for waiver is granted. You further have the right to bring a lawyer or

representative to such hearing or discussion at your own expense.

**** NOTICE ****

If you are a person with a disability and are unable to comply with the contents

of this document, you have the right to ask HABC to make a reasonable

accommodation for you. To make such a request, please contact your Housing

Manager at 443-984-1867 or Maryland Relay at 410-547-9247.

Resident’s Signature: ___________________________ Date: _______________

________________________________________________________________________ _____________

Housing Management Staff Name and Signature

Received by: __________________________

Signature: ____________________________ Date: _______________

Page -1- of -2-

HABC ACOP: Draft 7-26-19 H-14

EXHIBIT D

HOUSING AUTHORITY OF BALTIMORE CITY

REQUEST FOR GRIEVANCE WAIVER HEARING

NAME: ________________________________________________

ADDRESS: __________________________________________________________

TELEPHONE NUMBER(S): ____________________________________________

HOUSING DEVELOPMENT: ___________________________________________

NAME OF ASSET MANAGER (If Known): ________________________________

Request for Grievance Waiver Hearing Request And Verification

I am requesting a grievance waiver hearing for the following reason(s):______________

__________________________________________________________________________

I have attached the following documents to verify the information I have provided above:

__________________________________________________________________________

Statement Of Formal Grievance Hearing Request

I am requesting a formal grievance hearing on my grievance of the following action or

failure to act by Management: __________________________________________

____________________________________________________________________

Action Or Relief You Are Requesting

I am requesting the following action or relief: ______________________________

__________________________________________________________________________

**** NOTICE ****

Review Page 1 above for a notification of your rights and responsibilities

regarding your Request for Grievance Waiver Hearing.

Resident’s Signature: ___________________________ Date: _______________

________________________________________________________________________

Housing Management Staff Name and Signature

Received by: __________________________

Signature: ____________________________ Date: _______________

Page 2 of 2

General RAD LTA Criteria

12-27-13 rev 4-7-14

I-1

Appendix I: LONG TERM AFFORDABILITY CRITERIA

This document sets forth the admissions and leasing criteria for long term affordable (“LTA”)

units, applicable to applicants for and residents of LTA units. The Owner and Management Agent

shall not change the criteria set forth in this document without approval from the Housing

Authority of Baltimore City (“HABC”).

1. DEFINITIONS

(a) Applicant – shall mean a household on HABC’s waiting list for public housing.

(b) “Bailey Consent Decree” refers to the Consent Decree, as amended or modified, entered

in Bailey v. Housing Authority of Baltimore City, JFM 02-CV-225; JFM-04-CV-03107.

Occupancy Policy for Public Housing.

(d) “Family” is defined as including, but is not limited to, the following, regardless of actual

or perceived sexual orientation, gender identity, or marital status:

(1) A single person, who may be an elderly person, displaced person, disabled person, near-

elderly person, or any other single person; or

(2) A group of persons residing together, and such group includes, but is not limited to:

(i) A family with or without children (a child who is temporarily away from the

home because of placement in foster care is considered a member of the family).

(ii) An elderly family.

(iii) A near elderly family.

(iv) A disabled family.

(v) A displaced family; and

(vi) The remaining member of a tenant family.

(e) DELETED.

(f) “Long Term Affordable units” or “LTA units” shall mean those units that are reserved

and leased upon initial occupancy for residents of ____________, and individuals from

HABC’s public housing and/or transfer waiting lists. These units shall remain affordable

for a period of 40 years consistent with requirements under the Bailey Consent Decree The

LTA units for non-elderly persons with disabilities (“NED”) shall be reserved exclusively

for NEDs for a period of 15 years. The applicants and tenants in these units have any and

all rights, privileges and benefits that are provided to HABC’s public housing residents or

applicants and such tenants shall pay no more than 30% of their monthly adjusted income

in rent as participants in the Housing Choice Voucher Program. Notwithstanding the

above, no minimum income is required. NED and UFAS LTA units must be operated and

maintained in accordance with the terms stated herein.

General RAD LTA Criteria

12-27-13 rev 4-7-14

I-2

(g) “Management Agent” means the company engaged to manage and operate the

development on behalf of the owner.

(h) “Non-elderly person with disabilities” or “NED” shall mean a family whose sole

member, head of household, or head of household's spouse is a person with a disability

who is under age sixty-two (62), and which is eligible for a one-bedroom public housing

unit or for a two-bedroom public housing unit because a second bedroom is needed for

disability-related reasons; and who is on HABC’s waiting list.

(i) “Owner” refers to the entity with ownership interest in the housing development, which is

responsible for ensuring the Management Agent complies with the admissions and leasing

requirements for the LTA units.

(j) “Resident” shall mean a household who leases an LTA unit under these criteria.

(k) DELETED.

(l) “UFAS unit” shall mean a unit containing accessible features and certified by an architect

designated by HABC as compliant with Uniform Federal Accessibility Standards (UFAS).

(m) “Violent Criminal Activity” means any criminal activity that has as one of its elements

the use, attempted use, or threatened use of physical force substantial enough to cause, or

be reasonably likely to cause, serious bodily injury or property damage. 24 C.F.R. §5.100.

2. DELETED.

3. SECURITY DEPOSIT; APPLICATION OR OTHER FEES

The amount of the security deposit will be equal to one month’s rent, or Fifty Dollars ($50.00),

whichever is lower. The Agent will establish a payment plan for payment of the security deposit

in the event of a documented hardship situation.

Applicants will not be charged an application fee. Additionally, Applicants will not be charged

any fee for credit or criminal background checks.

4. SCREENING CRITERIA

(a) Applicants may be screened for credit and criminal background according to the detailed

screening process set forth in Section 4.1 below. Lack of credit history will not be sufficient

justification for rejection of an Applicant.

4.1. Detailed Screening Process For New Applicants

(a) Credit and criminal background reports may be evaluated through a third-party screening

company.

(b) Rental history may be verified up to the past three years.

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references indicates a history of lease violations, including but not limited to repeated judgments

for failure to pay rent, chronic late rental payments (more than four (4) late rental payments within

a twelve (12) month period), prior eviction(s), history of public disturbances, damage to living unit

or property of others, physical and/or verbal attacks on others, history of poor or unsatisfactory

housekeeping as defined by the House Rules developed for O’Donnell Heights or any other

behavior that would have a substantial adverse impact upon the health, safety or peaceful

enjoyment of the Development by other Residents, members of the community or Agent personnel.

4.1.1. Credit Screening Criteria

(a) Credit Information.

Applicants may be denied eligibility if they have a history of not meeting past financial

obligations as demonstrated by the following:

• More than four (4) late rental payments within a twelve (12) month period only if

the Applicant leased a dwelling unit that received continuous direct rental

assistance subsidy that provided for the Applicant to pay no more than thirty percent

(30%) of his or her income during the Applicant’s tenancy.

• No unsatisfied collections, charge-offs, or judgments in the past 24 months totaling

more than $3,000 in the aggregate.

Notwithstanding evidence of difficulty meeting past financial obligations, Applicants will

be favorably considered if their poor payment history relates to:

• Medical debts

• Student loans

Applicants will not be denied eligibility solely based on bankruptcy.

Other credit issues such as collections, charge-offs, judgments, or liens will be reviewed in

light of all the circumstances including evidence of the Applicant’s limited disability

benefits, prior lack of subsidized housing, illness or loss of Spouse, loss of primary support,

etc. Such review may result in a favorable consideration for Applicant despite such credit

issues. The housing application shall inform applicants that they can provide information

about or to explain the circumstances for their poor credit history.

(b) Pre-Denial Review

The Management Agent shall provide Applicants the opportunity to discuss reasons for a

poor credit history, mitigating circumstances or requests for reasonable accommodations

prior to the Owner/Agent making a determination to deny the applicant. Said pre-denial

review will not replace or remove the informal hearing process set forth in 10.1 below.

Examples of extenuating circumstances that should result in a favorable review by the

Owner/Agent include (but are not limited to):

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• Applicants whose form of income is from Supplemental Security Income (SSI)

or similar form of disability payment.

• Applicants whose previous housing payment was substantially disproportionate

to the tenant portion of rent for which he or she will be responsible in the LTA

Unit.

• Applicants with a documented / disclosed hardship that is not likely to repeat.

4.1.2. Criminal Screening

(a) General.

1. Denial of Eligibility. Applicants will be denied eligibility for admission

for any of the following reasons:

• Any household member who has been convicted of drug-related

criminal activity in connection with the manufacture or production of

methamphetamine. This results in a lifetime ban from assisted housing.

• Any household member who has been evicted for drug-related criminal

activity within the prior 3 years.

• Any household member is subject to a lifetime registration requirement

under a State sex offender registration program.

2. Applicants may be denied eligibility for admission based upon the

following:

• Public records, landlord references or criminal background checks

indicate there is reasonable cause to believe that the Applicant and/or

other household members have a history of violent criminal activity,

violent behavior or alcohol or drug abuse that would threaten the health,

safety, or right to peaceful enjoyment of the premises by other tenants.

• Public records or criminal background checks indicate Applicant/or

household member has been convicted of a drug-related offense,

Violent Criminal Activity, or felony offense.

"Alcohol or drug abuse” means, including but not limited to:

• Evidence of a history or pattern of illegal substance abuse that the

individual has, within the past three years, engaged in to justify a reasonable

belief that the individual’s behavior is current.

"Violent criminal activity” means, including but not limited to:

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• Evidence that the individual has, within the past three years, engaged in

the behavior recently enough to justify a reasonable belief that the individual’s

behavior is current.

• Any history or evidence of repeated acts of violence on the part of an

individual, or a pattern of conduct constituting a danger to peaceful occupancy by

neighbors.

• Any history of initiating threats or behaving in a manner indicating an

intent to assault employees or other tenants.

3. Pending charges for any crime (not just those listed below) may be

considered a cause for temporary denial of eligibility for admission. If the

Applicant is temporarily denied admission because of the existence of a

pending charge, the Applicant will maintain a priority order for occupancy

of a Unit until disposition of the pending charge, either favorably (in which

case the application process can continue) or unfavorably (in which case the

Applicant will be considered against the criminal screening guidelines set

herein).

(b) Specific Felony Crimes

The following felonies may subject new Applicants to a maximum seven (7) year

exclusion period. The exclusion period is calculated from the date of conviction or

release from incarceration, whichever is later. If Management Agent chooses to

utilize the maximum seven (7) year exclusion period to deny a new Applicant, the

applicant shall be notified that they may contact the TC for assistance with

appealing the decision of the Management Agent in application of the 7 year

exclusion period.

1. Felony Child Abuse

2. Sexual Abuse of a Minor except when crime results in conviction as a sex

offender subject to a lifetime registration requirement, who, in such case, is

prohibited from federally assisted housing.

3. Felony Arson

4. Malicious Burning of Personal Property (First degree)

5. Burning with Intent to Defraud

6. Felony Assault Attempted Poisoning

7. Manufacture, Distribution or Possession with the Intent to Distribute of

CDS (Controlled Dangerous Substances)

8. Damage to Associated Building when Charged as a Felony

9. Murder (all forms)

10. Attempted Murder (all forms)

11. Voluntary Manslaughter (all forms)

12. Homicide (all forms)

13. Kidnapping

14. Child Kidnapping

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15. Abduction of Child Under 16

16. Robbery

17. Robbery with a Dangerous Weapon

18. Carjacking

19. Felony Sexual Crimes, except when crime results in conviction as a sex

offender subject to a lifetime registration requirement, who, in such case, is

prohibited from federally assisted housing.

20. Weapons Crimes - Felonies

21. Use of a Machine Gun in a Crime of Violence

22. Use of a Machine Gun for Aggressive Purposes

23. Manufacture or Possession of a Destructive Device

Denial of eligibility for admission based upon all other types of felony crimes may

subject Applicants to a maximum three (3) year exclusion period beginning on the

date of conviction or the release from incarceration, whichever date is later.

(d) Misdemeanor Crimes

Denial of eligibility for admission based upon misdemeanor convictions may

subject applicants to a maximum eighteen (18) month exclusion period beginning

on the date of conviction or the release from incarceration, whichever date is later.

(e) Confidentiality of Criminal Records

Any criminal record received must be maintained confidentially, not misused or

improperly disseminated.

(f) Disclosure of Criminal Records to Family

Before taking any adverse action based on a criminal conviction record, the

applicant and subject of record will be provided with a copy of the criminal record

and an opportunity to dispute the record at an informal hearing.

4.1.3. Other Reasons to Deny Eligibility

In addition to the credit and criminal background screening criteria above, Applicants may

be rejected only for any of the following reasons:

• Applicant fails to respond to a request for verification of information or for

additional information within ten (10) working days of the written request from the

Agent.

• Applicant makes any materially false statement or omission on the application

and/or during an application interview with the intention of misleading the Owner

/Agent.

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• Applicant’s household size is incompatible with the Owner/Agent’s occupancy

standards and/or unit availability. Provided, however, that an Applicant who has a

verifiable need for a live-in aide may not be denied admission on the grounds that

the addition of a live-in aide violates the Owner/Agent’s occupancy standards.

4.1.4. Prohibited Criteria for Denial of Eligibility

An Applicant cannot be rejected because he or she:

• Has no income.

• Is not employed.

• Does not participate in a job-training program.

• Will not apply for various welfare or benefit programs.

• Has children, except in the case of an Applicant for a NED unit whose household

members include one or more children.

• Is receiving welfare benefits.

• Has children born out of wedlock.

• Is a student, unless otherwise prohibited by financing for the Development.

4.2. Mitigating Circumstances

Mitigating circumstances are facts relating to the applicant's record of unsuitable rental

history or behavior, which, when verified would indicate both: (1) the reason for the

unsuitable rental history and/or behavior; and (2) that the reason for the unsuitable rental

history and behavior is no longer in effect or is under control, and the applicant's prospect

for lease compliance is an acceptable one, justifying admission.

If unfavorable information is received about an applicant, consideration shall be given to

the time, nature, and extent of the applicant's conduct and to factors that might indicate a

reasonable probability of favorable future conduct. To be factored into the screening

assessment of the applicant, mitigating circumstances must be verifiable.

If the mitigating circumstances claimed by the applicant relate to a change in disability,

medical condition or course of treatment, the Owner/Agent shall have the right to refer

such information to persons who are qualified and knowledgeable to evaluate the evidence

and to verify the mitigating circumstance. The Owner/Agent shall also have the right to

request further information reasonably needed to verify the mitigating circumstance, even

if such information is of a medically confidential nature. Such inquiries will be limited to

the information necessary to verify the mitigating circumstances or, in the case of a person

with disabilities who has requested a reasonable accommodation, information necessary,

to verify the reasonable accommodation.

4.2.1. Mitigating Circumstances

Examples of mitigating circumstances include:

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• Evidence of successful rehabilitation.

• Evidence of the Applicant family's participation in and completion of social service

or other appropriate counseling service.

• Evidence of successful and sustained modification of previous disqualifying

behavior.

Consideration of mitigating circumstances does not guarantee that the Applicant will

qualify for admission. Such circumstances will be considered in light of:

• The applicant's ability to substantiate through verification the claim of mitigating

circumstances and his/her prospects for improved future behavior; and

• The applicant's overall performance with respect to all the screening requirements.

• However, if mitigating circumstances are found the applicant will keep his place

on the waiting list and will be housed in the unit which was offered if that unit is

still available and if it is not will be housed when the next appropriately sized unit

becomes available.

4.3. Citizenship/Eligible Immigrant Status

To receive assistance, a family member must be a U.S. citizen or an eligible immigrant.

Eligible immigrants are persons who are in one of the categories established by HUD.

Assistance to the family may not be delayed, denied, or terminated based on immigration

status at any time prior to receipt of the decision from an appeal to the Immigration and

Naturalization Service.

5. OCCUPANCY GUIDELINES

5.1. General. These occupancy guidelines will be followed by HABC and the Owner to

ensure that families occupy units of the appropriate size. This policy maintains the

maximum usefulness of the units, while preserving them from excessive wear and tear or

under-utilization

5.2. Determining Unit Size.

(a) The Owner does not determine who shares a bedroom/sleeping

room, but

there must be at least one person per bedroom. Standards for determining unit size shall be

applied in a manner consistent with Fair Housing guidelines and shall be implemented by

HABC and referred to Owner.

(b) For occupancy standards, an adult is a person who is at least 18 years of age

or older, an emancipated minor, or in a legally recognized marriage as under the laws of

the State of Maryland or a marriage recognized by the State of Maryland. All guidelines

in this section relate to the number of bedrooms in the unit.

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(i) Separate bedrooms should be allocated for persons of the opposite sex

(other

than adults who have a spousal relationship and children under

five years old).

(ii) Live-in aides will generally be provided a separate bedroom for

their occupancy only. The Owner is not obligated to nor will it

house the family members of a live-in aide.

(iii) Space may be provided for a child who is away at school but who

lives with the family during school recesses.

(iv) Space will not be provided for a family member who will be absent

most of the time except for family members who have been called

to active duty. In the case of a family member in active duty, the

family composition will include the member who is away from the

unit for such purpose, even if the active duty family member is

absent from the unit for more than six months. After one (1) year

the Owner may reevaluate the situation and take appropriate action.

(v ) Single person families shall be allocated a zero- or one-bedroom unit.

The living room should not be used as a bedroom except for purposes

of a reasonable accommodation.

Bedroom Size

Persons in

Household:

(Minimum #)

Persons in

Household:

(Maximum #)

0 Bedroom

1 Bedroom

2 Bedrooms

3 Bedrooms

4 Bedrooms

5.3. Exceptions To Occupancy Standards.

The Owner or HABC, as applicable, will grant an exception to the occupancy standards

upon request as a reasonable accommodation for persons with disabilities if the need is

appropriately verified by a licensed medical professional or social worker. A reasonable

accommodation for a larger unit may be granted for example when a person with a

disability needs space for medical equipment, and such need is appropriately verified.

- HABC will not assign a larger bedroom size due to additions of family members

other than by birth, adoption, marriage, or court-awarded custody.

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An exception will be granted if the family has submitted an "Appointment of

Temporary Guardian" to the Owner. If this form has been submitted, the Owner will

also require that the family have initiated legal proceedings for guardianship or legal

custody.

- All members of the family residing in the unit must be approved by the Owner.

The family must obtain approval of any additional family member before the person

occupies the unit except for additions by birth, adoption, or court-awarded custody, in

which case the family must inform the Owner within 30 days.

- To avoid vacancies, the Owner may provide a family with a larger unit than the

occupancy standards permit subject to the approval of the HABC. The family must

agree to move to a suitable, smaller unit when another family qualifies for the larger

unit and there is a suitable smaller unit available. This requirement shall be included

in the lease.

5.4. Accessible Units. Units designed and constructed to meet the needs of persons

with mobility disabilities will be first offered to households with a family member who needs the

accessible features of the unit. Accessible units will be offered to households who do not need

the accessible features of the unit only after the Owner determined with the understanding

that such applicants must accept a transfer to a non-accessible unit at a later date if a person with a

mobility

impairment

requiring the unit applies for housing and is

determined

eligible.

6. AMOUNT OF RENT

Owner will conduct initial income verifications, re-certifications of income and interim

certifications, as well as income verifications upon turnover.

6.1. Total Tenant Payment

The Total Tenant Payment is the greater of:

- 30% of the adjusted monthly income

- 10% of the monthly income

- The minimum rent as established by the HABC

The Total Tenant Payment does not include charges for excess utility consumption or other

charges.

If a minimum rent is established the resident will be required to pay at least the amount established

as the minimum rent, unless Management Agent grants an exemption from the due to financial

hardship.

6.2 Rent Determination.

The amount of rent and family size or composition will be set forth in the lease or, if there

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are changes, in a lease supplement, which will be delivered to the resident. The amount of

monthly rent and the family composition will remain in effect for the period between

annual re-certifications, unless during such period:

(a) Resident can show a change in Resident's circumstances that would justify a

reduction in rent by submitting a signed statement and other documentation,

setting forth the facts as to the family composition, employment and family

income. Such circumstances include, but are not limited to, the following: (1)

Divorce; (2) Marriage; (3) Separation; (4) Death; (5) Retirement; (6)

Unemployment; (7) Strike; (8) Layoff; (9) Sick Leave; (10) Disability; (11)

Entry into or discharge from military service; (12) Birth; and (13) Change of

job or other reduced income.

(b) Resident can show a decrease in income which is believed to be temporary in

nature.

has terminated. Resident shall report this information to the Owner/Agent

together with any information concerning other sources of income which have

become available to family members since the last rent determination. The rent

will then be redetermined based on the information which is provided, but in no

case will the rent be increased, beyond the original rent, until the next Annual

Review.

6.2.2 Reporting a Change in Income Resident shall report any change in income

described in Paragraphs (a), (b), and (c) above within thirty (30) days of its

occurrence. Any decrease in rent resulting from the change will take effect on the

first of the month following the month in which the change occurred.

6.3. Minimum Income.

Resident is not required to have any minimum income.

6.4. Determining and Calculating Income

6.4.1. Generally the final calculation for each income or deduction source will be

rounded to the nearest dollar, unless documentation from the income source provides

otherwise.

6.4.2.

(a) “Income” is defined as the anticipated total income from all sources for purposes

of calculating the TTP. This includes net income derived from assets, received by the

family head and spouse (even if temporarily absent) and by each additional family member

for the 12-month period following the effective date of initial determination or

reexamination of income. It does not include income that is temporary, non-recurring, or

income that is specifically excluded by other federal statute.

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(b) “Annual income” is the amount of income prior to any allowable expenses or

deductions and does not include income that has been excluded by other provisions in this

policy. Annual income is used to determine whether or not applicants are within the

applicable income limits. “Adjusted Income” is defined as the Annual Income minus any

allowable deductions.

6.4.3. Mandatory Deductions.

The HUD mandatory deductions from Annual Income must be applied when

calculating income for program eligibility and determination of rent. The mandatory

deductions are as follows:

(a) Dependent allowance: $480 each for family members (other than the head

or spouse), who are minors, and for family members who are 18 and older

who are full-time students or who are disabled.

(b) "Elderly" allowance: $400 per household for families whose head or spouse

is 62 or over or disabled.

elderly and disabled families. Medical deductions will only be allowed to

the extent that the sum exceeds three percent of the annual income.

(d) Childcare expenses for children under 13 are deducted when childcare is

necessary to allow an adult family member to work, actively seek work, or

attend school (including vocational training).

(e) Expenses for attendant care or auxiliary apparatus for persons with

disabilities if needed to enable the individual or an adult family member to

work.

6.4.4. Training Income Exclusions.

Income from certain training programs will be excluded from calculating income

for program eligibility and determining the amount of rent. A training program is

defined as one with goals and objectives designed to lead to a higher level of proficiency,

and one, which enhances the individual’s ability to obtain employment. The training

program may have performance standards to measure proficiency. Training may include

but is not limited to: (a) classroom training in a specific occupational skill; (b) on-the-job

training with wages subsidized by the program; or (c) basic education.

The exclusions are as follows:

(a) Exclusion of amounts received under training programs funded by HUD

(b) Amounts received by a participant in other publicly assisted programs which

are specifically for or in reimbursement of out-of-pocket expenses incurred

(special equipment, clothing, transportation, childcare, etc.) and which are

made solely to allow participation in a specific program. Exclusion of

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amounts received from participation in qualifying State or local employment

training programs (including training programs not affiliated with a local

government) and training of a family member as resident management staff.

Amounts excluded by this provision must be received under employment

training programs with clearly defined goals and objectives and are excluded

only for the period during which the family member participates in the

employment-training program.

6.4.4.1. For this purpose, Annual Income does not include incremental

earnings and benefits resulting to any family member from participation in

qualifying State or local employment training programs.

6.4.4.2. All other amounts (such as child support and alimony) are treated

in the usual manner in determining annual income. Child support, or other income

that is not earnings or benefits, is not a factor and will not be considered in regard

to training income exclusions, regardless of whether they have increased or

decreased.

6.4.1.3. Any member of the resident’s family is eligible for the exclusion,

provided the individual is enrolled in the qualifying employment-training program.

If a family has members who enroll in training programs at different times, the

exclusion may be taken at different periods. The rules will be applied individually

to each member based on which type of program they are enrolled in.

6.4.4.4. Upon verification, residents who are actively enrolled in a

qualifying training program will have the incremental income from the training

program excluded from their annual income.

6.4.4.5. A resident who has substantially completed a training program in

order to accept a job offer will be eligible for the 18-month exclusion of income.

"Substantial completion" of a training program will be completion of 75% of the

program. If a resident has completed that portion of the training program necessary

to get a job and continues simultaneously with the training program, the 18-month

exclusion period will begin on the date the resident started the new job, not the date

they complete the training program. The resident is not required to get a job that is

directly related to the training program to be eligible for the exclusion.

6.4.4.6. For self-employed residents, only the net income of the resident will

be excluded when factoring the earnings.

6.4.4.7. The Resident is required to notify the HABC within 10 working

days of enrolling in a qualifying training program.

6.4.4.8. Residents who have a decrease in income as a result of enrolling in

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a training program may request an interim examination. In the event the interim

examination results in a decrease in incremental income as a result of the training

program, the resident’s rent will be adjusted accordingly.

6.4.4.9. All training income from a HUD sponsored or funded training

program, whether incremental or not, is excluded from the resident’s annual income

while the resident is in training. Income from a Resident Services training program,

which is funded by HUD, is excluded.

6.4.5. Averaging Income. When Annual Income cannot be anticipated for a full twelve

months, the HABC will annualize current income and conduct an interim reexamination if

income changes. If there are bonuses or overtime, which the employer cannot anticipate

for the next twelve months, bonuses and overtime received the previous year will be used.

Income from the previous year may be analyzed to determine the amount to anticipate

when third-party or check-stub verification is not available. If by averaging, an estimate

can be made for those families whose income fluctuates from month to month, this estimate

will be used so that the housing payment will not change from month to month. The method

used depends on the regularity, source and type of income.

6.4.6. Income Of Person Permanently Confined To or Released from Nursing

Home. If a family member is permanently confined to a hospital or nursing home and there

is a family member left in the household, HABC will conduct an interim reexamination,

exclude the income and medical expenses of the family member permanently confined to

a hospital or nursing home and re-calculate the Total Tenant Payment. If a family member

leases an LTA Unit upon release from a nursing home, rehabilitation center or other

healthcare or assisted living facility, and verifies a reduced SSI or OASI income from social

security, HABC will annualize the current income and conduct an interim reexamination

within 90 days of the date of admission. If within the 90 days, the resident experiences an

increase in income by the Social Security Administration, HABC will process an increase

in rent between the regularly scheduled re-certifications.

6.4.7. Income Of New Family Members Added to the Lease. HABC will process an

increase in rent between regularly scheduled re-certifications when the household size

increases due to the addition of an adult household member approved by the Management

Agent. Requests for the addition of a new member of the household must be approved by

the Management Agent and HABC, prior to the actual move-in by the proposed new

member.

6.4.8. Regular Contributions And Gifts. Regular contributions and gifts received from

persons outside the household are counted as income for calculation of the Total Tenant

Payment. Any contribution or gift received every 2 months or more frequently will be

considered a "regular" contribution or gift, unless the amount is less than $600.00 per year.

This includes rent and utility payments made on behalf of the family and other cash or non-

cash contributions provided on a regular basis. It does not include casual contributions or

sporadic gifts. If the family's expenses exceed their known income, HABC will make

inquiry of the family about contributions and gifts.

6.4.9. Alimony And Child Support Regular alimony and child support payments are

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counted as income for calculation of Total Tenant Payment. If the amount of child support

or alimony received is less than the amount awarded by the court, the HABC must use the

amount awarded by the court unless the family can verify that they are not receiving the

full amount. HABC will accept as verification that the family is receiving an amount less

than the award if HABC receives verification from the agency responsible for enforcement

or collection. It is the family's responsibility to supply a certified copy of the divorce

decree.

6.4.10. Lump-Sum Receipts. Lump-sum additions to family assets, such as inheritances,

insurance payments (including payments under health and accident insurance and worker's

compensation), capital gains, and settlement for personal or property losses, are not

included in income but may be included in assets. Lump-sum payments caused by delays

in processing periodic payments (unemployment or welfare assistance) are counted as

income. Lump sum payments from Social Security or SSI are excluded from income, but

any amount remaining will be considered an asset. Deferred periodic payments, which have

accumulated due to a dispute, will be treated the same as periodic payments which are

deferred due to delays in processing. In order to determine amount of retroactive tenant

rent that the family owes as a result of the lump sum receipt the HABC will always

calculate retroactively to date of receipt the lump-sum payment was received, or to the date

of admission, whichever is closer. The family's attorney fees may be deducted from lump-

sum payments when computing annual income if the attorney's efforts have recovered a

lump-sum compensation, and the recovery paid to the family does not include an additional

amount in full satisfaction of the attorney fees.

6.4.11. Retroactive Payments. In the event the calculation of income results in the family

owing a retroactive payment, the family should make the payment in a lump sum. The

Management Agent, at its option, may enter into a Repayment Agreement with the family.

The amount owed by the family is a collectible debt even if the family becomes unassisted.

6.4.12. Contributions To Retirement Funds – Assets. Contributions to company

retirement/pension funds are handled as follows:

(a) While an individual is employed, only the amounts the family can withdraw without

retiring or terminating employment will be counted as income.

(b) After retirement or termination of employment, any amount the employee elects to

receive as a lump sum will be counted as income.

6.4.13. Assets Disposed Of For Less Than Fair Market Value. The HABC must count

assets disposed of for less than fair market value during the two years preceding

certification or reexamination. The HABC will count the difference between the market

value and the actual payment received in calculating total assets. The difference will be

included in calculating total assets for two years. Assets disposed of as a result of

foreclosure or bankruptcy are not considered to be assets disposed of for less than fair

market value. Assets disposed of as a result of a divorce or separation are not considered

to be assets disposed of for less than fair market value. If the total value of assets disposed

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of within the two-year period is less than $5,000.00, they will not be considered an asset.

6.4.14. Child Care Expenses. Un-reimbursed childcare expenses for children under 13

may be deducted from annual income if they enable an adult to work, actively seek work,

attend school full time, or attend full-time vocational training. In the case of a child

attending private school, only before or after-hours care can be counted as childcare

expenses. If a tenant is eligible for the earned income disallowance, the amount of

deduction for childcare expenses necessary to permit employment shall not exceed the

amount of employment income that is included in annual income. Therefore, the

disregarded or excluded amounts cannot be used in determining the cap for the childcare

expense deduction. Childcare expenses must be reasonable. Reasonable is determined by

what the average childcare rates are in the Development’s jurisdiction. Allowing

deductions for childcare expenses is based on the following guidelines:

(a) Childcare to work: The maximum childcare expense allowed must be less than the

amount earned by the person enabled to work. The "person enabled to work" will

be the adult member of the household who earns the least amount of income from

working.

(b) Amount of Expense: The HABC will survey the local care providers in the

community to determine what is reasonable. The HABC will use the collected data

as a guideline. If the hourly rate materially exceeds the guideline, the HABC may

calculate the allowance using the guideline.

6.4.15. Medical Expenses When it is unclear in the HUD rules as to whether or not to

allow an item as a medical expense, IRS Publication 502 will be used as a guide.

Nonprescription medicines, unless prescribed by a licensed medical professional, will not

be considered a medical expense. Chiropractic services will be considered allowable

medical expenses.

6.4.16. Proration Of Assistance For "Mixed" Families. Proration of assistance must be

offered to any "mixed" applicant or participant family. A "mixed" family is one that

includes at least one U.S. citizen or eligible immigrant and any number of ineligible

members. Applicant mixed families are entitled to prorated assistance. Families that

become mixed after June 19, 1995, by addition of an ineligible member are entitled to

prorated assistance.

6.4.17. Prorated TTP Calculation for Mixed Families. Prorated assistance will be

calculated by subtracting the Total Tenant Payment from the applicable Maximum Rent

for the unit the family occupies to determine the Family Maximum Subsidy. The family's

TTP will be calculated by:

(a) dividing the family maximum subsidy by the number of persons in the family to

determine member maximum subsidy.

(b) multiplying the member maximum subsidy by the number of eligible family

members to determine eligible subsidy.

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the unit the family occupies to get the family's revised total tenant payment.

6.4.18. Income Changes Resulting From Welfare Program Requirements. Owner will

not reduce rent for families whose welfare assistance is reduced specifically because of:

(a) fraud; or

(b) failure to participate in an economic self-sufficiency program; or

However, Owner will reduce the rent if the welfare assistance reduction is a result of:

(x) the expiration of a lifetime time limit on receiving benefits; or

(y) a situation where a family member has complied with the welfare agency’s

economic self-sufficiency or work activities requirements but cannot or has not

obtained employment; or

(z) a situation where a family member has not complied with other welfare agency

requirements.

6.4.18.1. Imputed welfare income is the amount of annual income not actually

received by a family as a result of a specified welfare benefit reduction that is included

in the family’s income for rental contribution. Imputed welfare income is not included

in annual income if the family was not an assisted resident at the time of sanction. The

amount of imputed welfare income is offset by the amount of additional income a

family receives that begins after the sanction was imposed. When additional income

is at least equal to the imputed welfare income, the imputed welfare income is reduced

to zero.

6.4.18.2. Owner will obtain from the welfare agency written verification that the

family's benefits have been reduced for fraud or noncompliance before denying the

family's request for rent reduction.

6.4.19. Utilities. No applicant can be admitted nor tenant transferred to a development

with resident-paid utilities unless he or she can obtain utility service. The Resident is

responsible for establishing an account directly with the utility provider and paying for

those individually metered utilities. The Resident’s rent must be reduced by the amount of

the established utility allowance. If the Resident’s actual utility bill(s) exceeds the utility

allowance, Resident must pay the full amount of the bill to the utility supplier. If Resident

pays a flat rent, Resident is not entitled to a utility reimbursement. Failure of Resident to

retain and maintain utility service is grounds for termination under the Lease.

6.5. Verification of Income.

Owner shall verify income and other information pertaining to the Resident’s household

in accordance with the methods set forth in this section 6.5.

A third-party source should first be used to verify employment, unemployment and social

security benefits.

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6.5.1. Employment Income. Verification forms should be used to request that the

employer specify the:

(a) Dates of employment

(b) Amount and frequency of pay

(d) Likelihood of change of employment status and effective date of any known

salary increase during the next 12 months

(e) Estimated income from overtime, tips, bonus pay expected during next 12

months

6.5.1.1. Acceptable forms of verification include:

(a) EIV information obtained from

(b) Employment verification form completed by the employer.

frequency of pay or year to date earnings.

(d) W-2 forms plus income tax return forms.

(e) Self-certification or income tax returns signed by the family may be used

for verifying self-employment income, or income from tips and other gratuities.

(f) State Wage Information Collection Agency (SWICA) means the State

agency, receiving quarterly wage reports from employers in the State, or an

alternative system that has been determined by the Secretary of Labor to be as

effective and timely in providing employment-related income and eligibility

information

(g) In cases where there are questions about the validity of information

provided by the family, the Management Agent will require the most recent

federal income tax statements.

6.5.2. Social Security, Pensions, Supplemental Security Income (SSI), Disability Income.

Acceptable methods of verification include:

(a) Benefit verification form completed by agency providing the benefits

(b) Computer report electronically obtained or in hard copy.

agency.

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6.5.3. Unemployment Compensation.

Acceptable methods of verification include:

(a) Computer report electronically obtained or in hard copy, stating payment dates

and amounts

(b) Verification form completed by the unemployment compensation agency.

6.5.4. Welfare Payments or General Assistance.

Acceptable methods of verification include:

(a) Verification form completed by payment provider.

(b) Written statement from payment provider indicating the amount of grant/payment,

start date of payments, and anticipated changes in payment in the next 12 months.

6.5.5. Alimony or Child Support Payments.

Acceptable methods of verification include:

(a) Copy of a separation or settlement agreement or a divorce decree stating amount

and type of support and payment schedules.

(b) A notarized letter from the person paying the support.

payments being received in the future, or that support payments are not being

received.

(d) If payments are irregular, the family must provide a statement from the agency

responsible for enforcing payments to show that the family has filed for

enforcement.

6.5.6. Net Income from a Business. In order to verify the net income from a business, the

Management Agent will view IRS and financial documents from prior years and

use this information to anticipate the income for the next 12 months. Acceptable

methods of verification include:

(a) IRS Form 1040, including:

i. Schedule C (Small Business)

ii. Schedule E (Rental Property Income)

iii. Schedule F (Farm Income)

(b) Audited or unaudited financial statement(s) of the business.

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(d) Documents such as manifests, appointment books, cash books, bank

statements, and receipts will be used as a guide for the prior six months (or

lesser period if not in business for six months) to project income for the next

12 months. The family will be advised to maintain these documents in the

future if they are not available.

(e) Family's notarized statement as to net income realized from the business

during previous years.

6.5.7 Child Care Business. If a Resident is operating a licensed day care business, income

will be verified in the same manner as with any other business. If the family has filed a tax

return, the family will be required to provide it. HABC will conduct interim reevaluations

every 60 days and require the Resident to provide a log with the information about

customers and income.

6.5.8. Recurring Gifts. The family must furnish a notarized statement that contains the

following information:

(a) The person who provides the gifts;

(b) The value of the gifts;

(d) The purpose of the gifts.

6.5.9. Zero Income Status. Each adult (18 years of age or older) household member

claiming to have no income will be required to execute forms to allow HABC to verify that

the household is not receiving any income such as unemployment benefits, SSI, or the like.

6.5.10. Full-Time Student Status. Only the first $480 of the earned income of full-time

students 18 years of age or older, other than head or spouse, will be counted towards family

income. Financial aid, scholarships and grants received by full time students are not

counted towards family income. Verification of full-time student status includes:

(a) Written verification from the registrar's office or other school official; or

(b) School records indicating enrollment for sufficient number of credits to be considered

a full-time student by the educational institution.

The admission of Full-Time Students shall be governed by Section 42 of the Internal

Revenue Code and the parties acknowledge that the Owner may deny a unit to a full-time student

in the event that it would cause the Owner to fail to conform with Low Income Housing Tax Credit

Requirements or would cause the Project’s eligible fraction for tax credit purposes to fall below

100%.

6.5.11. Verification of Income Exclusions. HABC will attempt third party verification of

income exclusions wherever possible. When third party verification of income exclusions

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are not possible or practical, a review of documents or notarized self-certification will be

obtained.

6.5.12. Income From Assets. Residents will be allowed to self-certify the value of

family’s assets totaling $5000 and less.

6.5.12.1. Savings Account Interest Income and Dividends. Verification will

be done using the following:

(a) Account statements, passbooks, certificates of deposit, or HABC

verification forms completed by the financial institution.

(b) Broker's statements showing value of stocks or bonds and the earnings

credited the family. Earnings can be obtained from current newspaper

quotations or oral broker's verification.

HABC must adjust the information to project earnings expected for the

next 12 months.

6.5.12.2. Interest Income from Mortgages or Similar Arrangements.

Verification will be done using the following:

(a) A letter from an accountant, attorney, real estate broker, the buyer, or a

financial institution stating interest due for next 12 months. (A copy of

the check paid by the buyer to the family is not sufficient unless a

breakdown of interest and principal is shown.)

(b) Amortization schedule showing interest for the 12 months following

the effective date of the certification or recertification.

6.5.12.3. Net Rental Income from Property Owned by Family. Verification will be

done using the following:

(a) IRS Form 1040 with Schedule E (Rental Income).

(b) Copies of latest rent receipts, leases, or other documentation of rent

amounts.

statements, insurance invoices, bills for reasonable maintenance and

utilities, and bank statements or amortization schedules showing

monthly interest expense.

(d) Lessee's written statement verifying rent payments to the family and

family's notarized statement as to net income realized.

7. GUESTS

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Resident is permitted to have a guest in the unit for no more than fourteen calendar days during a

twelve-month period. The term “guest” means a person temporarily staying in the LTA Unit with

the consent of Resident or other member of the household who has express or implied authority to

so consent on behalf of the Resident. A household member who is absent from the unit because

he or she (a) is attending college, (b) is on military duty, or (c) is under a joint custody arrangement

will not considered a guest when he or she stays in the unit. Management may waive/extend the

two-week period of time solely at its own discretion, as circumstances warrant.

8. ABSENCE FROM THE UNIT FOR MEDICAL REASONS

If any family member leaves the household to enter a facility such as a hospital, nursing home or

rehabilitation center, the Owner/Agent will seek advice from a reliable qualified source as to the

likelihood and timing of the family member’s return to the unit. If the Owner/Agent verifies that

the family member will be living in a nursing home and not likely to return to the unit, the family

member will be considered permanently absent. If the Owner/Agent verifies that the family

member will likely return in less than 180 consecutive days, the family member will not be

considered permanently absent as long as the rent and other charges remain current.

9. REMAINING MEMBER OF RESIDENT’S FAMILY

A remaining member of Resident’s family is the person or persons who are listed in the lease or

lease supplement as an authorized household member. A remaining member may be eligible to

enter into a lease with the Owner/Agent as the new head of household. The remaining member of

the resident’s family must: (a) have been previously approved by the Owner/Agent to live in the

unit and (b) satisfy the applicant screening criteria set forth herein. In the event the remaining

family member is a minor, the Owner/Agent may approve, as an additional household member to

the lease, an adult person non-member of the Resident household, who submits written

documentation of a court-ordered custody or guardianship of the minor remaining family member

and who satisfies the LTA eligibility criteria,

10. ADMINISTRATIVE HEARINGS

10.1. Informal Hearing for Applicants Denied Eligibility.

10.1.1. Notice of Ineligibility Determination.

Applicants who are determined ineligible will be sent a written notice promptly by

Owner/Agent.

10.1.2. Content of Written Notice of Ineligibility.

The notice of ineligibility (the “Ineligibility Notice”) will:

(a) Inform the Applicant of the status of his or her application and will state the

basis for the ineligibility determination;

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(b) Offer the Applicant an opportunity for an informal hearing concerning the

denial of eligibility;

days from receipt of the notice;

(d) Inform the Applicant of his or her right to request a reasonable accommodation

in order to participate in the hearing process and provide contact information

for the Applicant wishing to make such a request. Written requests for

reasonable accommodations for informal hearings are preferred, but verbal

requests will be accepted with a written confirmation provided back to the

Applicant by the Owner/Agent. Applicants who have a disability and need a

reasonable accommodation in order to participate in the informal hearing

process may request a reasonable accommodation during any stage of the

informal hearing process;

(e) Inform the Applicant that a list of any witnesses or documents relied upon by

HABC or the Owner/Agent will be made available to the Applicant for review

prior to the informal hearing upon request. HABC or Owner/Agent may charge

Applicant the reasonable cost for reproduction of any documents requested.

(f) Inform the Applicant that his or her attorney or advocate may attend and

represent him or her at the informal hearing, to include presenting evidence to

dispute determination by the Owner/Agent or evidence of mitigating

circumstances, as provided in Section 4.2 hereunder. Participants, which

include, but are not limited to, the Applicant, Owner/Agent and HABC may

engage in appropriate and relevant conversations during the hearing;

(g) Provide contact information for the TC and inform the denied Applicant that

the TC is available to assist the Applicant with appealing a denial..

10.1.3. Scheduling the Informal Hearing.

(a) If the Applicant requests an informal hearing, the Management Agent will

schedule an informal hearing within fourteen (14) business days of receiving the

request and notify the Applicant of the place, date, and time for the hearing.

10.1.4. Hearing Officer.

Informal hearings will be conducted by an impartial hearing officer, to be

designated by Management Agent. Audio or video recordings of the informal

hearings shall be prohibited by any participant. The person who is designated as

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the hearing officer cannot be the person who made the determination of ineligibility

or a subordinate of that person. Housing units are not required to be held open

during the period the Notice of Ineligibility is being appealed. The Management

Agent shall wait for the appeal notice period to expire before sending denial

notification to HABC for waitlist disposition purposes. Applicants shall be advised

of their right to be represented by legal counsel or an advocate and present evidence

to dispute the Management Agent’s determination or evidence of mitigating

circumstances.

10.1.5. Decision of Hearing Officer.

The Owner/t Agent will send the Applicant the written decision via first class mail

within three (3) business days of the informal hearing. The written decision shall

state the reasons for hearing officer’s decision and the evidence provided at the

hearing in support of such decision. The hearing office shall only consider evidence

presented at the informal hearing in deciding whether to uphold or overturn the

Notice of Ineligibility. In the event the Notice of Ineligibility is overturned by the

Hearing Officer, the Applicant shall be determined eligible for the next available

unit, subject to size availability.

10.2. Grievance Policy and Procedure. Grievances of the Resident shall be governed

by the attached Grievance Policy and Procedure (Exhibit 1).

11. TRANSFERS

11.1. Agent-Initiated Transfers: The Agent may require that a Resident accept a

transfer when a Resident occupies a housing unit with accessible features that are not

needed for the Resident or Resident’s family and a Resident or Applicant has been

identified who does need the accessibility features of the unit. Failure to accept a

Management Agent-initiated transfer will be a Lease violation and may result in

termination of the lease, provided that resident was provided proper notice at the beginning

of the lease term that by accepting an accessible unit the resident may be responsible for

moving costs if the unit is needed for a resident requiring an accessible unit.

Resident will be responsible for moving costs. The Management Agent will give the

Resident 30 days’ advance notice of the intended transfer. The Resident will have two (2)

working days to complete the actual move and turn over possession of the vacated unit.

The Resident may request, and the Management Agent may grant, an extension of up to

three (3) working days if needed.

The Management Agent may require that a Resident transfer because the unit is to be

rehabilitated or demolished. The Owner/Management Agent is responsible for moving

costs.

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11.2 Resident Requested Transfers: A Resident must be permitted to request a

transfer to another unit based upon the criteria set forth below. Valid reasons for Resident

requested transfers include:

• Accessible Unit – Resident may request a unit with needed mobility or

hearing/vision impaired accessibility features. If a transfer is required, the

Owner/Management Agent is responsible for moving costs.

• Reasonable Accommodation – The Agent will provide reasonable accommodations

to individuals with a disability to the maximum extent feasible. Moving costs will

be paid by Owner/Management Agent.

• Crime Victim- Resident may request a transfer if a criminal attack, recent or

ongoing, or credible threat of an imminent criminal attack against the Resident, or

member of Resident’s household, has destroyed the family’s peaceful enjoyment

of the unit. Resident will be responsible for moving costs.

• A unit becomes uninhabitable through no fault of the resident. Moving costs will

be paid by Owner/Management Agent.

Resident must be current with all rental payments and charges due under the lease to

receive approval for a Resident requested transfer. Residents may refuse unit transfer offers

for good cause. After rejecting 3 offers, the resident is withdrawn from the transfer waitlist.

Residents whose transfers are mandatory are subject to lease termination. Residents may

file for a grievance under the Grievance Procedure if the transfer is denied or in the case of

a mandatory transfer, the Resident disputes the basis for requiring the transfer.

11.3 Transfer to HABC Conventional Public Housing: In addition to the bases set

forth in this Section 11, a Resident may be eligible to transfer to a suitable HABC

conventional or mixed finance public housing unit, or other HABC long term affordable

for the following reasons:

• To abate dangerous and/or substandard conditions within the unit that cannot

otherwise be addressed.

• To abate emergency life-threatening living conditions caused by third party

criminal activity.

• To accommodate verified physical conditions caused by long-term illness and/or

disability (such as the ability to live closer to a required medical treatment center).

• To accommodate resident families that are determined to be over- or under-housed

by virtue of family size.

• To permit the rehabilitation of the resident’s unit.

• To offer standard alternative accommodations when repairs to the unit cannot be

made within a reasonable time.

HABC will always consider a request to transfer as a reasonable accommodation for a

person with a verified disability. For reasonable accommodation transfers, HABC is

responsible for moving costs. This right to transfer shall include a request to transfer from

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Long Term Affordable Units at O’Donnell Heights to the public housing transfer list.

Residents who apply for a transfer to public housing, per this Section, shall be placed on

the public housing transfer waiting list based upon the date and time of filing of Resident’s

application for reasonable accommodation.

All transfer requests shall be initiated by HABC or the Resident in writing. In order to be

eligible for transfer the Resident shall submit the required documentation to HABC to

substantiate the request and must be in Good Standing with HABC and the

Owner/Management Agent at the time of the transfer.

12. LEASE REQUIREMENTS

12.1. The leasing requirements and lease terms must comply with the provisions set forth

in 24 CFR 966, subpart A. Notwithstanding this provision, the requirements for

security deposits shall comply with Section 3 hereunder, and redetermination of

rent shall comply with Section 6 hereunder.

12.2. Lease Termination

-By Owner/Management Agent: The lease is automatically renewable for

a 12-month period. Leases can only be terminated for serious or repeated

violation of material terms of the lease or other good cause consistent with

the requirements of 24 CFR 966.

-By Resident: The Resident may terminate the lease by providing the Agent

30-day’s notice, which is effective on the last day of a month.

12.2.1. Notice of Lease Termination

The notice of lease termination to the Resident shall state specific grounds for

termination, and shall inform the Resident of the Resident's right to make such reply

as the Resident may wish.

(a) When the Management Agent is required to afford the Resident the

opportunity for a grievance hearing, the notice shall also:

1 Inform the Resident of the Resident's right to request a hearing

in accordance with the Grievance Procedure (Exhibit 1);

2 Specify the judicial eviction procedure to be used by the

Management Agent for eviction of the Resident, and state that

HUD has determined that this eviction procedure provides the

opportunity for a court hearing that contains the basic elements

of due process as defined in HUD regulations; and

3 State whether the eviction is for criminal activity or for drug

related criminal activity.

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(b) When the Management Agent is not required to afford the Resident

the opportunity for hearing under the Grievance Procedure, the notice of

lease termination shall:

(1) State that the Resident is not entitled to a grievance hearing

on the termination;

(2) Specify the judicial eviction procedure to be used by the

Management Agent for eviction of the Resident, and state that HUD

has determined that this eviction procedure provides the opportunity

for a court hearing that contains the basic elements of due process

as defined in HUD regulations; and

(3) State whether the eviction is for criminal activity or for

drug-related criminal activity.

13. THE VIOLENCE AGAINST WOMEN ACT (VAWA)

VAWA protects applicants, tenants and immediate family members of tenants who are victims of

domestic violence, dating violence, or stalking from being denied, evicted or terminated from

housing assistance based solely on criminal acts of domestic violence against them. Criminal acts

of domestic violence against the victim shall not be considered “serious or repeated lease

violations” or “criminal activity” that are grounds for termination of the lease or denial of housing

assistance.

14. REASONABLE ACCOMMODATION POLICY

The Reasonable Accommodation policy is designed to provide persons with disabilities reasonable

accommodations, upon request, so that they may fully access and utilize the housing program and

related services. Written information regarding this policy and the procedures for making a request

for a reasonable accommodation shall be posted and made available at Owner/Management Agent

offices and, if different, at the Management office on the property. This policy is intended to afford

persons with disabilities an equal opportunity to obtain the same result, to gain the same benefit,

or to reach the same level of services as those who do not have disabilities. Situations in which

this policy applies include, but are not limited to, when a family initiates contact with the

Owner/Management Agent, when the Owner/Management Agent initiates contact with a family

including when a family applies, and when the Owner/ Management Agent schedules or

reschedules appointments of any kind.

To be eligible for a reasonable accommodation, a person must have a disability. A person

requesting an accommodation due to a disability should submit a Request for Reasonable

Accommodation Form (the Request Form). The Request Form will be available in an alternative

format to accommodate those needing such a format in order to submit the request. However, a

reasonable accommodation request may also be made orally or in another equally effective means

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of communication. The Owner/Management Agent will acknowledge receipt of the request within

twenty (20) business days of receiving the request and, within this time period, the

Owner/Management Agent may request additional information or documentation needed in order

to make a decision regarding the request. Owner/ Management Agent will make a decision on the

request within thirty (30) business days after receiving all needed information and documentation

from the requestor. The decision will be communicated in writing or, if required because of the

requestor’s disability, in an alternative format. If the Owner/ Management Agent will be unable

to make a decision within thirty (30) business days, it will advise the requestor in writing with the

reason(s) for the delay. If the Owner/Management Agent finds that the requested accommodation

would result in a fundamental alteration in the nature of its housing programs or activities, or in

undue financial and administrative burdens, the Owner/Management Agent may deny the request

and/or present an alternate accommodation that will meet the need of the requestor.

The Owner/ Management Agent may make reasonable accommodations through such means as

reassignment of services to accessible buildings, alteration of existing facilities and construction

of new facilities, or any other methods that result in making its programs or activities readily

accessible to and usable by individuals with disabilities.

The Owner/Management Agent is not required to make structural changes in existing housing

facilities where other methods are effective in achieving compliance or to provide supportive

services that are not part of the program.

Verification of Disability

The Owner/Management Agent may verify a requestor’s disability only to the extent necessary to

ensure that the requestor is qualified for the housing for which he or she had applied, is qualified

for deductions used in determining adjusted income, is entitled to preferences that have been

claimed, and that the requested accommodation is needed. The Owner/Management Agent will

not require applicants to provide access to confidential medical records in order to verify a

disability and will not require specific details about the disability. The Owner/Management Agent

may require documentation of the manifestation of the disability that causes a specific need for a

specific accommodation or accessible unit.

Recertification by Mail

The Owner/Management Agent will permit the family to submit annual and/or interim

recertification forms through the mail, when the Owner/Management Agent has determined that

the request is necessary as a reasonable accommodation.

The mail-in packet will include notice to the family of the deadline for returning the completed

forms to the Owner/Management Agent.

If there is more than one adult member in the household, but only one is disabled, re-certification

can be processed through the mail or the family may choose to have the re-certification conducted

by a home visit or to have the non-disabled adult family members come in for the appointment and

then take the necessary forms home to the member with a disability for completion and signature.

Home Visits

When requested and where the need for reasonable accommodation has been established, home

visits to residents will be done to conduct annual and/or interim re-certifications.

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Requests for home visit re-certifications must be received by the Owner/Agent at least five

working days before the scheduled appointment date in order for the request to be considered.

15. FAIR HOUSING POLICY

It is the policy of the Owner/Agent to comply fully with all Federal, State, and local

nondiscrimination laws and with the rules and regulations governing Fair Housing and Equal

Opportunity in housing and employment.

Owner/Agent shall not deny any family or individual the equal opportunity to apply for or receive

assistance under the housing assistance programs at the Development on the basis of race, color,

sex, religion, national origin, ancestry, age, familial status, marital status, or disability or sexual

orientation.

16. TRANSLATION OF DOCUMENTS

Consideration will be given as to whether documents which are written in English and are relevant

to the Resident’s tenancy will be translated into other languages. The decision to translate such

documents will be based on the following factors:

• The number of Residents who do not speak English and who do speak the other

language;

• The estimated cost per Resident of translation of the English written documents into

the other language;

• The availability of translation services for non-English speaking Residents.

17. LANGUAGE ASSISTANCE

Readers will be provided to assist Residents with literacy barriers in completing documents

relating to their tenancy.

18. AVAILABILITY OF DOCUMENTS

A copy of each of the following documents will either be posted in a conspicuous location at the

management office for the site or will be provided to the Resident:

• The Admissions and Continued Occupancy Policy;

• Schedule of maintenance charges;

• Dwelling Lease;

• Complaint and Grievance Policy and Procedure;

• Fair Housing poster;

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• Equal Opportunity in Employment poster;

• Required public notices;

• Schedule of Utility Allowance, as applicable;

• Information on eviction for drug-related and other criminal activity

19. RESIDENT PARTICIPATION

Residents are authorized to participate in all activities set forth in 24 CFR Part 964.

All residents in LTA units are eligible to participate in TC activities and also eligible to serve on

the Resident Advisory Board and serve as commissioners at HABC. The Owner has budgeted in

its initial operating budget the sum of fifteen ($15.00) per LTA unit annually for participation in

RAB meetings and training. Annually, this sum shall increase on par with other operating

expenses in the operating budget.

20. These Admissions and Leasing Criteria Applicable to Long Term Affordable Units shall

not violate State or Federal law. In the event these admissions and leasing criteria are deemed to

be in violation of either State or Federal law, or both, they shall be amended to ensure that said

violations are cured and that they remain in compliance with applicable law.

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EXHIBIT 1

LONG TERM AFFORDABLE

RESIDENT GRIEVANCE POLICY ANDAPPEALS PROCEDURE

I. PURPOSE

This Long Term Affordable Resident Grievance Policy and Appeals Procedure (the

“Grievance Procedure”) is established to assure that Residents are afforded an opportunity

for a fair hearing if the Resident disputes a Management Agent action or failure to act

involving the Resident's Lease, or Management’s regulations which adversely affect the

Resident’s rights, duties, welfare or status. Neither housing assistance nor tenancy shall be

terminated until such time as the grievance process has been completed. This Grievance

Procedure shall be incorporated by reference into the dwelling lease.

II. APPLICABILITY AND DEFINITIONS

1. This Grievance Procedure shall be applicable to all resident grievances, except

the following:

A. Refusal to pay rent when due, unless the amount of rent charged is in dispute;

B. Disputes between Residents not involving Management Agent;

C. Class grievances;

D. Any criminal activity that threatens the health, safety or the right to peaceful

enjoyment of the premises of other residents or employees of the Management

Agent;

H. Any violent or drug related criminal activity on or off the premises of other

residents or employees of the Management Agent;

I. Any criminal activity that resulted in felony conviction of a household

member; or

J. Any lease termination due to the occupancy of person subject to a sex

offender lifetime registration requirement.

2. Maryland law requires that Residents be given the opportunity for a court hearing

before eviction from a dwelling unit. Thus, where the Grievance Procedure does

not apply, the Management Agent is still required to use proper judicial process.

3. The following definitions are applicable to this Grievance Procedure:

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A. Class Grievance: Any grievance in which the decision on an

individual grievance would be, as a practical matter, dispositive of the interests

of other Residents.

B. Complainant: Any Resident, as defined in below, who presents to the

Management Agent a grievance in accordance with the procedures set forth

herein.

C. Grievance: Any dispute that a Resident may have with respect to the

Management Agent’s action or failure to act in accordance with the individual

Resident's lease or regulations which adversely affect the individual Resident's

rights, duties, welfare or status, including any dispute about the amount of rent

that is charged. The definition of "grievance" does not include the matters set

forth in Section II.1. A through G above.

D. Resident: The adult person (or persons, other than a live-in aide, as

defined in the lease): (1) who resides in the unit, and who executed the lease

with the landlord of the dwelling unit, or (2) if no such person now resides in

the unit, the person who resides in the unit, and is the remaining head of

household of the Resident family residing in the dwelling unit.

III. INFORMAL DISCUSSION OF GRIEVANCE

As much as possible should be left to the mutual efforts of Management Agent and Resident,

with both parties attempting to resolve all complaints as quickly and justly as possible.

However, the Resident may present a grievance for any complaint which cannot be resolved

by such methods, and the following procedure will apply in grievances based on lease

termination notices that are subject to the grievance policy. For all non-lease termination

grievances, the time periods for the informal discussion and formal grievance hearing shall be

as follows:

A. The Complainant shall, either orally or in writing, present a description of the

grievance to the Management Agent Office within twenty (20) working days after the

Management Agent’s action or failure to act, giving rise to the grievance, so that the

grievance may be discussed informally and settled without a formal hearing (the

“Informal Discussion”). Forms for requesting an Informal Discussion or formal

grievance hearing shall be available from the Management Agent. Use of the request

form is optional.

B. The Resident shall receive a receipt upon presentation of the grievance stating the date

of filing and the nature of his/her grievance, and a copy will be retained in the

Management Office’s Resident file.

C. The Management Agent, in concert with the Complainant, will establish a mutually

agreeable date, time and place for the Informal Discussion.

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D. The Management Agent shall mail to the Resident within three (3) working days after

the meeting, a summary of the Informal Discussion and his/her decision regarding the

proposed disposition of the complaint and the specific reason thereof (“Summary

Decision”). The Summary Decision shall specify the procedures by which a hearing

may be obtained if the Complainant is not satisfied.

IV. PROCEDURE TO OBTAIN A HEARING

A. Request for Hearing: If the Complainant is not satisfied with the results of the

Informal Discussion, the Complainant shall submit a written request for a hearing to

the Management Agent, no later than ten (10) working days after the date

Complainant receives the Summary Decision, pursuant to Section III. above. The

written request shall specify: (1) the reasons for grievance; and (2) the action of relief

sought.

B. Hearing Prerequisite: All grievances shall be presented either orally or in

writing pursuant to the procedures prescribed in Section III. above as a condition

precedent to a hearing, unless the Complainant obtains a waiver of this prerequisite

from a Hearing Panel.

C. Waiver of the Hearing Prerequisite:

In order to request a waiver of the hearing prerequisite, the Complainant must show

good cause for failing to request and proceed with an Informal Discussion, and shall

comply with the following:

1. Within three (3) working days after the deadline for presenting a grievance in

accordance with the procedures for an Informal Discussion the Complainant

shall submit to the Management Office a request for a waiver of this hearing

prerequisite.

2. A hearing will be convened before a Hearing Panel in order to decide whether

the hearing waiver request will be granted.

3. The Complainant shall appear before the Hearing Panel to show why he or she

failed to proceed within the time period for the Informal Discussion.

4. If the Hearing Panel decides the Complainant has shown good cause for his or

her failure to proceed within the time period for the Informal Discussion, the

Hearing Officer or Hearing Panel may grant the waiver.

5. If the Informal Discussion prerequisite is waived, the Hearing Panel will

immediately set a date for a hearing concerning the Complainant’s grievance.

D. Failure to Make a Timely Request for a Hearing: If the Complainant does not make

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a request for a hearing within five (5) working days after receipt of the Summary

Discussion, Management Agent's disposition of the grievance shall become final.

Failure to request a hearing shall not constitute a waiver by the Complainant of his or

her right thereafter to contest Management Agent's action in disposing of the

complaint in an appropriate judicial proceeding.

E. Escrow Deposit: In any grievance involving the amount of rent or any part thereof,

as defined in the lease, which the Management Agent claims is due under the lease,

and which has not been paid, the Complainant shall pay to Management Agent at the

time the Complainant files his or her request for a formal hearing, an amount at least

equal to the amount of rent due and payable as of the first of the month preceding the

month in which the act or failure to act took place. The Complainant shall thereafter

pay the same amount of the monthly rent to the Management Agent, and the

Management Agent shall deposit the monies in an escrow account until the grievance

is resolved by decision of the Hearing Panel. Following this decision, any amount

due the Complainant from the escrow deposits shall be returned in full to him or her

within 30 days. These requirements for escrow deposit must be waived by

Management Agent:

3. in the event Management Agent determines, upon request by the Complainant,

that the Complainant is unable to pay the escrow deposit because of a financial

hardship in accordance with the requirements under the lease, or

4. for the portion of the Complainant’s rent attributable to the imputed welfare

income.

Unless so waived, the failure to make such payments shall result in a termination of

the grievance procedure, provided that failure to make payment shall not constitute a

waiver of any right the Complainant may have to contest Management Agent's

disposition of his or her grievance in an appropriate judicial proceeding.

F. Scheduling of Hearings: Upon Complainant's compliance with all applicable

procedures or waiver, the formal grievance hearing will be scheduled within five (5)

working days of the Complainant’s request. The hearing will be held before a

Hearing Panel. A written notification shall be delivered by hand or by regular mail,

specifying time, the place and the procedure governing the hearing, to the

Complainant, the Management Agent, and the Hearing Officer or the members of the

Hearing Panel.

V. SELECTION OF HEARING PANEL OR HEARING OFFICER

A. The grievance shall be presented before a Hearing Panel consisting of five (5)

voting persons and a Secretary (who is non-voting) for record keeping purposes

who will be provided by Management or HABC. The Resident Advisory Board

(“RAB”) will select two (2) panel members; Management and/or HABC will select

two (2) panel members; and one (1) impartial member will be selected from a list

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of names previously compiled by HABC. The Hearing panel shall not include any

of the following persons:

1. Any relatives of the Complainant or Management;

2. Any person from the Complainant’s development;

3. Any person whose duties, responsibilities or knowledge involve the

grievance at issue; and

4. Any person whose duties, responsibilities or knowledge involve the

operation of the development.

VI. PROCEDURES GOVERNING THE HEARING

A. If the hearing is held before a Hearing Panel, three members, including the impartial

member, shall constitute a quorum for the hearing. The impartial member shall act

as moderator at the hearing. His or her responsibilities will include coordinating

all activities associated with the hearing, such as calling witnesses and maintaining

order, and generally insuring that the hearing is conducted in a fair and orderly

manner.

B. The Complainant shall be afforded a fair hearing providing the basic safeguards of

due process, which shall include:

1. The opportunity to examine before the hearing any HABC documents and to

copy all documents, records and regulations of Management Agent, that are

relevant to the hearing. Any document relevant to the hearing which

Management Agent does not make available after request thereof by the

Complainant, may not be relied on by Management Agent at the hearing. The

copying of documents, which Management Agent intends to use in responding

to the grievance, shall be done at the expense of Management Agent. All other

documents shall be copied at the expense of the Complainant.

2. The right to be represented by Counsel or other person chosen by the

Complainant as his or her representative.

3. The right to a private hearing (which includes only the Hearing Panel

members, the Complainant, the Housing Manager, the Panel Secretary,

Counsel or representative from both sides and witnesses) unless the

Complainant requests a public hearing.

4. The right to present evidence and arguments in support of his or her complaint,

to controvert evidence relied on by Management Agent, and to confront and

cross examine all witnesses upon whose testimony or information

Management Agent relies.

5. The right to a decision based solely and exclusively upon the facts presented

at the hearing.

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6. The Hearing Panel shall hear each case and judge it on its own merit.

C. The Management Agent and Complainant shall exchange a listing of witnesses that

each intends to call upon at the hearing.

D. If the Complainant or Management Agent fails to appear at a scheduled hearing, the

Hearing Panel may make a determination to postpone the hearing, or may make a

determination that the party has waived the right to a hearing. Both the Complainant

and Management Agent shall be notified of the determination by the Hearing Panel,

provided that a determination that the Complainant has waived the right to a hearing

shall not constitute a waiver of any right the Complainant may have to contest

disposition of the grievance by Management Agent in an appropriate judicial

proceeding.

E. At the hearing, the Complainant must first make a showing of an entitlement to the

relief sought and thereafter Management Agent must sustain the burden of justifying

Management Agent's action or failure to act against which the complaint is directed.

F. The hearing shall be conducted informally by the Hearing Panel, and oral or

documentary evidence pertinent to the facts and issues raised by the complaint may

be received without regard to admissibility under the rules of evidence applicable to

judicial proceedings. Failure to comply with the directions of the moderator of the

Hearing Panel for order may result in exclusion from the proceedings.

G. Upon request of either or both parties, the hearing shall be recorded. The Complainant

or Management Agent may arrange, in advance and at the expense of the party making

the arrangement, for a transcript of the hearing. Any interested party may purchase a

copy of such transcript.

VII. DECISION OF THE HEARING PANEL

A. The Hearing Panel shall prepare a written decision, together with the reasons

thereof, within three working days after the hearing. A copy of this decision shall

be sent to the Complainant, and the Management Agent. The Management Agent

shall retain a copy of the decision in the Resident's folder in the Management

Office. A copy of such decision, with all names and other personal identifying

references deleted, shall also be maintained on file by Management and made

available for inspection or purchase by a prospective Complainant, his representative,

and the Hearing Panel.

B. If the grievance is in reference to monies due under the tenancy, and or Hearing

Panel rules in favor of Management Agent, a written agreement will be made

between the Complainant and the Management Agent for payment of the amount

due and the schedule for payment.

C. The decision of the Hearing Panel shall be binding on Management Agent, which

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shall take all action, or refrain from any action necessary to carry out the decision,

unless the decision of the Hearing Panel is contrary to applicable Federal, State or

local law or applicable regulations, or the HABC Moving to Work Agreement and

Annual Plan.

D. A decision by the Hearing Panel denying the relief requested by the Complainant

in whole or in part shall not constitute a waiver of, nor affect in any manner

whatsoever, any rights the Complainant may have in any judicial proceedings,

which may thereafter be brought in the matter.

VIII. NOTICE TO VACATE AND EVICTION ACTIONS

If the Complainant’s grievance hearing was due to a complaint concerning a notice of lease

termination, and the Hearing Panel upholds Management Agent's action to terminate the

tenancy, Management Agent shall issue to the Resident a Notice to Vacate prior to

commencing an eviction action. The Notice to Vacate shall not be issued prior to the

Hearing Panel’s decision having been delivered by hand or by regular mail to the

Complainant. Such Notice to Vacate must be in writing and specify that if the Resident

fails to quit the premises within the applicable statutory period, or by the termination date

stated in the notice of termination, whichever is later, appropriate action for eviction will

be brought against him/her and he/she may be required to pay court costs, and attorney's

fees if the Management Agent prevails in the eviction action.

IX. ACCOMMODATIONS

Upon notification made by the Resident (a) upon the Resident’s request for an informal

grievance, and (b) upon the Resident’s request for a formal grievance, the Management

Agent will provide reasonable and accessible accommodations for residents with qualified

disabilities and ensure that communication is as effective as that provided to individuals

without disabilities. Moreover, the Management Agent shall take appropriate steps to

ensure that communications with participants with disabilities are as effective as

communications with others, which may include, but not be limited to, enlarged print, a

signer, audio communication, Braille, or a reader.

X. TIME PERIODS

In computing time periods set forth herein, Saturdays, Sundays and holidays observed by the

Management Agent shall not be included.

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LONG TERM AFFORDABLE UNITS

PET POLICY

APPLICABILITY

This Pet Policy and any amendments thereto, shall apply to all Residents of the LTA Units. This

Pet Policy, as it may be amended from time to time, shall be incorporated into and made a part of

the Resident’s lease..

Exclusion from Applicability. This Pet Policy does not apply to animals that assist, support, or

provide service to persons with disabilities. The Management Agent shall not apply nor enforce

this Pet Policy against animals that are necessary as a reasonable accommodation to assist, support,

or provide service to persons with disabilities. This exclusion applies to such animals that reside

at and visit the Development.

DEFINITIONS

The term “Pet” is defined as a domesticated small animal limited to dogs, cats, gerbils,

hamsters, guinea pigs, birds, (parakeet, canary, finches, cockatoo, small parrot) and fish. The

following breeds are excluded from the definition of Pet, and shall be expressly prohibited

from being kept, owned or harbored in, on or about the Premises (as that term is defined

in the Lease) by any Resident or any member of the Resident’s household: PIT BULLS,

ROTTWEILERS, CHOW-CHOWS, BULL MASTIFFS, DOBERMAN PINSCHERS,

AND ANY CROSS-BREED THEREOF, AND ANY WOLF OR PART WOLF.

REQUIREMENTS

1. Number Limitations - No more than one domesticated Pet, and/or one 20-gallon tank of

fish will be kept in a Unit. Heads of household shall be responsible for their Pet. The

Resident must maintain the Pet responsibly and in accordance with applicable State and

local public health, animal control, and animal anti-cruelty laws and regulations.

2. Size of Pet - Dogs or cats or others defined in paragraph 1 shall weigh no more than twenty

(25) pounds at maturity. Fish are limited to a single bowl or steel framed glass fish tank

having a capacity of not more than twenty (20) gallons. Birds can be no larger than one

(1) pound.

3. Resident’s Health - A Pet owner must be physically and mentally capable of taking care

of the Pet.

4. Security Deposit - A refundable Pet security deposit of twenty-five dollars ($25.00)

shall be required for each Pet. The Pet security deposit can be paid over a three (3) month

consecutive period, and will be held in the manner required for applicable security

deposits under Maryland law. THE PET SECURITY DEPOSIT WILL BE RETURNED

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WITHIN 45 DAYS OF MOVE-OUT OR IF A PET IS REMOVED BEFORE RESIDENT

MOVES FROM THE DWELLING UNIT, WITHIN 45 DAYS OF PET REMOVAL.

5. Upon move-out or Pet removal the cost to de-flea, deodorize, and clean the carpet and/or

floor tile will be deducted from the Pet security deposit if deemed necessary by

Management. The Dwelling Unit will be inspected and the remainder of the Pet security

deposit will be refunded, if the Dwelling Unit is free of damage. The move-out inspection

will be performed by the Resident and Management.

The Pet security deposit may only be applied to damages caused by the Pet.

6. Hold Harmless – The Management Agent shall not be responsible for any actions or

injuries or damages caused by the Resident’s Pet. A Pet is the sole responsibility of the

Resident.

7. Vaccinations – Every Pet, if required by law, must wear a current City Animal license and

be vaccinated. Resident must submit registration papers to the Management Office. A

copy of the Pet’s (dog or cat) current inoculation and treatment is to be furnished and

verified annually by a licensed veterinarian which must indicate dates of most recent shots

and treatment against disease and parasites as follows:

(a) Dogs – rabies, parvo-virus, para-influenza, distemper, hepatitis, leptospirosis

(D.H.L.), hookworm, heartworm, roundworm, tapeworm, and other internal and other

parasites, fleas, ticks and other external parasites and other diseases of the skin including

eczemas.

(b) Cats – rabies, rhinotracheitis, calici virus, pnemonitis, tapeworms, hookworms,

heartworms, and other internal parasites, fleas, lice, ticks and other external

parasites.

Female cats and dogs over six months of age must be spayed and males over eight months

must be neutered, unless a licensed veterinarian gives medical reasons why such is

detrimental to the Pet’s health.

8. Housekeeping – The Unit must be kept free of odors and maintained in a clean and sanitary

condition. Cats must be litter box trained and dogs must be able to exercise outside the

Dwelling Unit. Litter boxes must be changed a minimum of once a week and scooped once

a day. Kitty litter is to be bagged securely in a heavy plastic trash bag, tied, and disposed

of in an approved trash receptacle.

(a) Birds must be maintained in a cage and never allowed to fly free within the

Dwelling Unit.

(b) Dog and cat bedding and the Dwelling Unit are to be kept free of and treated

regularly on an ongoing basis against infestations by fleas, ticks, lice, pet worms,

mites, and other parasites. If infestation of any such parasites or vermin occur

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which shall be determined by Management to have occurred due to inattentive care

by the Pet owner, and/or if such infestation shall spread to other Dwelling Units,

Management shall have the right to eradicate in all affected areas at Pets owner’s

expense.

9. Pet Control in Public Area – Pets must be on a leash outside of the Dwelling Unit and in

all public areas. Under no circumstances may any Pet of any kind be taken into, or

permitted to be in, the recreation/community rooms, or any other “common” room.

10. Waste Control – Pet owners shall be responsible for immediate cleanup of Pet feces in

accordance with applicable law. Resident must insure that their yard is kept clear of Pet

feces. Resident will not place any animal fecal waste, kitty litter, etc., or other articles in

the sinks, plumbing fixtures or on the grounds. Residents must place all Pet waste in a

heavy plastic trash bag, tied and disposed of in an approved trash receptacle.

If a toilet has to be unclogged or a sink unstopped because of animal waste, kitty litter,

and/or stones from a fish bowl, the Resident will pay all associated cost.

11. Nuisance – If, in the judgement of Management, any Pet becomes a threat to the safety

and comfort or quiet enjoyment of the Premises to any other Resident, employee, or visitor

to the Premises, or if such Pet causes substantial damage to any part of the building or

grounds or the furnishings and fixtures thereof, then, upon the written request of

Management, such Pet shall be permanently removed from the Premises by the Pet’s owner

within five (5) days.

If the Resident files a grievance the Pet shall be allowed to remain until the grievance

process is exhausted. In the case of a Pet biting a person, the Pet must be immediately

removed to an area for surveillance for a period designated by a Health Officer and must

then be examined by a licensed Veterinarian. Animal bites must also be reported to the

local Health Department and/or the Police. A bite victim or parent of a child bitten by an

animal can swear out a complaint against the owner of the Pet at the nearest district court.

Refusal by the Pet owner to abide by Management Agent’s request for a Pet’s removal may

result in termination of residency.

12. Complaints/Problems – Any and all complaints about Pets will not be considered valid

(or heard) unless they are in writing, dated and signed by the person(s) making the

complaint. Management Agent will review complaints and/or problems concerning a

Pet/Pet owner. Management Agent will notify in writing the Pet owner of the complaint

and the Resident will have 24 hours to answer the complaint. Two or more legitimate

complaints will mean the Pet must be removed unless the Pet owner initiates a grievance

procedure. Failure to comply may result in termination of residency.

13. Resident’s Absence – No dog or cat shall be left alone in any Unit over twenty-four (24)

hours. Any Resident who is away twenty-four (24) hours or longer for any reason must

make arrangements for such Pet to be kept elsewhere during his/her absence.

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14. Responsibility for Pet in an Emergency – The Pet owner shall file with the Management

an affidavit of agreement signed by one (1) person who is not a Resident of the Unit who

will assume immediate responsibility for the Pet in case of an emergency or in case the Pet

owner becomes unable to provide proper care for the Pet. In addition, the Pet owner shall

file with Management Agent an affidavit authorizing Management Agent to have the Pet

removed in the event that the Pet owner cannot care for the Pet and the responsible party

cannot be reached. Management Agent will contact the SPCA or an appropriate authority

for removal of the Pet in such event

15. Fire Emergency – When a fire alarm or smoke detector sounds, Pets are to be placed in

the bathroom and the door is to be closed. If evacuation is necessary the fire department

will be responsible for the evacuation of Residents first, and then the Pet.

16. Subsequent Agreements – If a Resident has an approved Pet and that Pet is disposed of,

the Resident must notify Management Agent. The Resident and Management Agent will

perform an inspection of the apartment. The Pet security deposit will be used towards any

damages and the balance, if any, of the Pet security deposit will be returned to the Resident

within 45 days. If the Resident determines they want a new Pet, the Pet must be registered

with the Management Office and a new Pet security deposit must be collected in

accordance with the Pet Policy.

17. Resident’s Signature – All Residents, whether desiring a Pet or not, must sign this

Attachment to the Lease, thereby acknowledging agreement and acceptance of the Pet

Policy. Those Residents desiring a Pet will have to meet all requirements listed in this

Attachment and sign the “Application for Pets” including Section 3 which includes the

“Co-Responsibility” section for a non-Resident friend or relative to sign.

18. The Management Agent reserves the right to rescind or change any of the foregoing rules

to make such rules and regulations as may be deemed necessary for the safety, care and

cleanliness of the Premises, and for the security, comfort and convenience of all Residents.

Any changes deemed necessary by the Management Agent will be made in compliance

with the Lease.

19. This Pet Policy is made a part of the HABC Dwelling Lease and any violation of the terms

and conditions contained herein, will be considered a breach of the Lease. If any Court

declares a particular provision of this Pet Policy to be invalid or illegal, all other terms of

this Pet Policy will remain in effect, and both the Management Agent and the Resident will

continue to be bound by all valid, legitimate terms of the Pet Policy.

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AGREED AND ACCEPTED BY RESIDENT(S): DATE:

ADDRESS:

MANAGEMENT AGENT’S

SIGNATURE: DATE:

Resident’s Initials:

3/28/2018

Page -1- of -31-

APPENDIX A:

APPLICATION FOR PETS

Date:

SECTION I

I, and Resident(s) of

, living at verify I have received, reviewed,

understand and accept the Pet Policy Regarding Pets Admittance and Ownership at

. I am also aware that the Pet Policy is an official part of my Lease, and that I am to abide by all

its terms.

Resident Signature: Date:

************************************************************************

SECTION II

Pet Description: Type: Sex:

Weight: Age: Name:

Color and Markings:

Security Deposit Required: Security Deposit Paid:

Veterinarian’s Name:

Address:

Telephone Number:

Resident’s Initials:

3/28/2018

Page -2- of -31-

SECTION III

I, , (non-Resident) relative /friend (circle one) of

Resident ,

(Resident’s Name)

live at , and I agree

(Non-Resident’s Address)

to accept full responsibility of the Pet listed above in the event the said Resident is unable to care for the Pet in

any twenty-four hour period.

Print Name: Date:

Signed: Date:

Telephone Number:

Resident Signature: Date:

Telephone Number:

Manager Signature: Date:

Resident’s Initials:

3/28/2018

Page -3- of -31-

SECTION IV

(Name of Management Agent)

Management Agent, permit the ownership by Resident of the Pet described as

______________________________________________________________________________

at the following address: .

Management Agent’s Signature:

Date:

RESIDENT LEASE AGREEMENT

I hereby acknowledge my right as a Resident to keep a household Pet as defined in paragraph 1 of the Pet

Policy.

I agree to comply with this Pet Policy (an Attachment to the Lease) with the understanding that violation of this

Pet Policy may be grounds for Pet removal or termination of tenancy.

HABC: RESIDENT:

By: RESIDENT:

Title:

Date: Date:

Appendix J: HOUSING AUTHORITY OF BALTIMORE CITY

Dwelling Lease

THIS DWELLING LEASE AGREEMENT (the "Lease") is made on this day of

, by and between the Housing Authority of Baltimore City (“HABC”) as

“Landlord,” and as “Resident” or “Head of Household.” If

two persons are Head of Household, such persons are individually and jointly referred to in this Lease

as Resident, Head of Household, or Co-Head of Household. HABC and Resident agree as follows:

The parties to this Lease are HABC and the person(s) identified above as Resident or Head of

Household. HABC and Resident are collectively referred to in the Lease as the “parties.” The parties

agree that relying on the information in Resident’s application, HABC has determined that Resident is

eligible to receive housing assistance under a program funded by the United States Department of

Housing and Urban Development (“HUD”), in accordance with the terms and conditions set forth this

Lease and the HABC Admissions and Continued Occupancy Policies (the “ACOP”). Resident

represents to HABC that all of the statements made in the application are true and correct, and

understands that a material false statement by Resident in the application is grounds for termination of

the Lease and eviction from the Dwelling Unit in accordance with Section 18 below.

SECTION 1. PARTIES

Resident’s Initials:

3/28/2018

Page -4- of -31-

(a)

Dwelling Unit

HABC agrees to lease to Resident, the dwelling unit located at

(the

“Dwelling

Unit”)

the

housing

development

known

, subject to the terms, covenants and conditions set forth in this Lease.

(b)

Premises

For purposes of this Lease, the term “Premises” means the building, complex or development in which

the Dwelling Unit is located. Any conduct prohibited on the Premises under this Lease is prohibited on

or in any other HABC-owned or assisted property as indicated in the Lease.

HABC and Resident agree that the summary below is accurate as of the date this Lease was signed and

any modifications to the Lease approved by HABC as set forth in the Lease will supersede and replace

the summary:

Head(s) of

Household

Leased Dwelling

Unit

Development

Entity ID

Reexamination

Month

Lease Start Date

Monthly Rent

Amount

Rent Due Date

1st day of each

month

Late Fee

Amount

5% of one

month’s rent

Date Late Fee is

Charged

6th day of the

month

Admission Date

Rent Type

Move-in Type

Unit Type

Number of

Bedrooms

Household Size

Disabled

Household

Management

Office Address

Management

Office Phone

Management

Office Hours

SECTION 2. LEASED UNIT

SECTION 3. SUMMARY OF LEASE

Resident’s Initials:

3/28/2018

Page -5- of -31-

HOUSING AUTHORITY OF BALTIMORE CITY

Dwelling Lease

(a)

Authorized Occupants.

The following persons represent the composition of Resident’s household approved by HABC to reside

in the Dwelling Unit, and are referred to in the Lease as “Household members:”

HOUSEHOLD COMPOSITION

Name

Date of

Birth

Gender

Relationship

to Resident

Social Security No.

(Last 4 Digits)

Self

10.

(b)

Authorized Household Members Record.

The Household members consist of Resident, any family members and any live-in aide as the term

“live-in aide” is defined in Section 9(n) of this Lease below. The Household members are listed in

Attachment 1 to the Lease, titled Authorized Household Members Record, and are the only persons

authorized to reside in the Dwelling Unit. The Authorized Household Members Record will be

amended and signed by HABC and Resident upon any change to Resident’s household composition

approved by HABC due to the addition or removal of a Household member as provided in this Lease.

Attachment 1, as may be amended from time to time, is incorporated by reference and made a part of the

Lease.

Except additions due to birth, adoption or court-awarded custody of a child, which Resident must

promptly report to HABC within ten (10) working days, Resident must request HABC’s approval to

add any other person as an occupant of the Dwelling Unit, as provided in Section 9(n) below. If HABC

approves the request, HABC and Resident will record the addition on the Authorized Household

Members Record and both parties will sign the document. Resident agrees not allow such person to move

into the unit prior to receiving HABC’s written approval.

Resident acknowledges that any person who is subject to a sex offender lifetime registration

requirement in any jurisdiction is prohibited from being admitted to, or residing in, public housing.

Resident is required, and agrees, to notify HABC whenever any member of the household authorized

under this Lease to reside in the Dwelling Unit is no longer residing in the Dwelling Unit. Resident

agrees to make such notification within ten (10) working days after the Household member no longer

resides in the Dwelling Unit, as provided in Section 9(m) below.

(c)

Unauthorized Occupancy Prohibited.

Any person not listed as a Household member in the Authorized Household Members Record or

otherwise approved by HABC in writing to reside in the Dwelling Unit, who remains in the Dwelling

Unit overnight for more than twenty-one (21) nights in a period of fifty-two (52) weeks or less, will be

considered an “Unauthorized Occupant.” Resident understands and agrees that it is a material breach of

the Lease and grounds to terminate the Lease if Resident allows an Unauthorized Occupant to

SECTION 4. HOUSEHOLD COMPOSITION / AUTHORIZED OCCUPANTS

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remain or reside in the Dwelling Unit, or allows any person who is not a Household member to use the

address of the Dwelling Unit to send or receive mail or for other purposes. See Section 10(a) below for

additional information.

(a)

Initial Lease Term

The Lease will have an initial term (the “Initial Lease Term”), beginning on:

(Month) (Day) (Year), and ending on

(Month) (Day) (Year).

(b)

Automatic Renewal of Lease -

Resident’s Initials:

Unless terminated by HABC or Resident as provided in the Lease, the Lease will automatically renew at

the end of the Initial Lease Term for a term of twelve (12) months (the “First Renewal Term”), except

as provided in the next section. Subject to the termination and nonrenewal sections of this Lease, the

Lease will continue to renew automatically for additional twelve-month terms after the First Renewal

Term.

(c)

Nonrenewal of Lease for Failure to Comply With Community Service/Self-Sufficiency

Requirement

All non-exempt public housing adult residents are required to contribute eight (8) hours per month of

community service (volunteer work) or participate in eight (8) hours of training, counseling, classes or

other activities that help an individual toward economic self-sufficiency and economic independence.

This requirement is described in Attachment 6, which is incorporated by reference and made a part of

this Lease. If Resident or another family member(s) has failed to comply with the requirement to

perform a specified number of hours of community service or participate in an economic self-

sufficiency activity, HABC will not renew the Lease upon expiration of the lease term in effect unless:

(1)

Resident and any noncompliant family member(s) enter into a written agreement with

HABC in the form approved by HABC, to cure such noncompliance by completing the

additional number of hours of community service or economic self-sufficiency activity

needed to make up the deficiency as well as the total number of hours required for the next

twelve-month lease term; or

(2)

Resident provides a written certification that the non-compliant family member(s) no longer

resides in the Dwelling Unit.

Attachment 6 may be modified by HABC consistent with applicable laws and HABC Policies, including

changes in the number of hours of community service/economic self-sufficiency activities that all non-

exempt public housing adult residents must perform as a condition of occupancy. Resident agrees to

comply with Attachment 6 as may be modified by HABC from time to time.

(d)

Right of HABC and Resident to Terminate Lease

HABC may terminate the Lease at any time in accordance with Sections 18, 19 and 22 below. Resident

may terminate the Lease in accordance with Section 20 below.

(e)

Signing of Lease

Except for automatic renewals, the Lease must be signed by Resident and HABC. The Lease is

effective once it is signed by both parties.

SECTION 5. LEASE TERM AND RENEWAL

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(a)

Rent Payments

(1)

Monthly Rent Amount - Resident agrees to pay a monthly rent in the amount of

$ .

(2)

First Month’s Rent – Resident agrees to pay a first month’s rent in the amount of

$ at the time this Lease is signed. If the Lease is signed after the first day of

the month, Resident’s first month’s rent will be a prorated amount of the monthly rent based on the number

of days remaining in the month.

(3)

Rent Amount is Subject to Change by HABC - Resident’s monthly rent has been

determined by HABC in accordance with HABC policies established under authority of

HUD regulations (“HABC Policies”), based on Resident’s statements of Resident's

anticipated annual family income. The monthly rent is subject to change by HABC during

or after any term of the Lease in accordance with HUD regulations, HABC Policies and the

Lease.

(b)

Rent Due Date; Rent Payment Location and/or Methods

The first month’s rent is due at the signing of the Lease. Rent for all following months is due on the first

day of each month at the locations and/or by the methods designated by HABC in writing.

(c)

Charge for Late Rent Payment (“Late Fee”)

Rent is considered late if it is not received by HABC on the first (1st) day of the month in which it is due.

If Resident does not pay the full amount of rent due under the Lease by 11:59 p.m. on the fifth (5th)

calendar day of the month in which the rent is due, HABC will assess and collect a late fee of five

percent (5%) of the monthly rent amount. The late fee will be assessed on the sixth (6th) day of the

month. If a late fee has been assessed, any payment made by Resident will be applied first to the oldest

rent charge and then to the late fee charge, if allowed under applicable laws, before the most current

monthly rent charge. Any remaining balance on the rent due will be subject to collection through a Failure

to Pay Rent court action.

If the fifth (5th) calendar day of the month is on a Saturday, Sunday, or a day that is a HABC, Baltimore

City, or Federal holiday, Resident will have up to 11:59 p.m. on the next working day to pay the rent due.

If the rent due is not paid by 11:59 p.m. of such working day after a Saturday, Sunday, or HABC,

Baltimore City, or Federal holiday, a late fee will be assessed on the following day.

(d)

Charge for Returned Checks

If at any time HABC accepts payment by check, HABC will assess and collect a fee of twenty- five

dollars ($25.00) if Resident’s check is not honored by the bank on which it is drawn (bounces). If

Resident’s check is dishonored for payment on a second occasion, HABC will not accept any further

personal checks from or on behalf of Resident.

(e)

Court Action for Failure to Pay Rent

(1)

HABC will file an action in court to evict Resident and obtain possession of the Dwelling

Unit if:

(A)

Resident fails to pay the full amount of rent due plus any late fee that has been

assessed; and

SECTION 6. RENT AND OTHER PAYMENTS DUE UNDER THE LEASE

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(B)

Any amount of rent that is due remains unpaid after HABC has given notice to

Resident in accordance with Section 22 of the Lease. HABC will seek all remedies

available by law in a failure to pay rent court action such as court costs, future rent and

foreclosure of the right of redemption.

(2)

If HABC has obtained four (4) prior court judgments against Resident within a twelve

month period for failure to pay rent, and is filing another court action against Resident for a

fifth judgment within the same twelve month period, HABC will ask the court to foreclose

Resident’s right to redeem the Dwelling Unit (“FRR Judgment”). If HABC obtains a FRR

Judgment against Resident, Resident will not have the right to stay in the Dwelling Unit and

will be evicted even if Resident pays the entire FRR Judgment amount.

(f)

Minimum Rent

HABC may establish a minimum monthly rent for the Dwelling Unit in accordance with HUD

regulations and HABC Policies (the “Minimum Monthly Rent”). If Resident’s income-based rent for

the Dwelling Unit is less than such Minimum Monthly Rent, Resident will pay the amount established

by HABC as the Minimum Monthly Rent.

(1)

Amount of Minimum Monthly Rent

The Minimum Monthly Rent for the Dwelling Unit is: Dollars ($

). If

the amount shown is zero, HABC has not established a Minimum Monthly Rent. If at any time during a

lease term or any renewals, HABC establishes a Minimum Monthly Rent and such Minimum Monthly

Rent is greater than Resident’s income-based rent, Resident agrees to pay such Minimum Monthly Rent

amount in lieu of Resident’s income-based rent.

(2)

Financial Hardship Exemption from the Minimum Monthly Rent

HABC will grant an exemption from payment of the Minimum Monthly Rent if the Resident is unable

to pay the Minimum Monthly Rent because of financial hardship as determined by HABC in accordance

with HABC Policies.

(3)

Responsibility for Requesting a Financial Hardship Exemption from the Minimum Monthly

Rent

Resident will be responsible for requesting a financial hardship exemption from the Minimum Monthly

Rent by submitting a request to the Asset Manager of Resident’s development. A copy of HABC

Policies on financial hardship exemption from the Minimum Monthly Rent is available at the

management office of Resident’s development. Resident is responsible for establishing a financial

hardship under the HABC Polices.

(g)

Rent Options (Choice of Paying an Income-Based Rent or a Flat Rent)

(1)

Timing of Rent Choice Offer

If eligible, as provided in the HABC ACOP, HABC will give Resident a choice annually, of paying either

an income-based rent or a flat rent as the monthly rent for the Dwelling Unit.

(2)

Income-Based Rent

An income-based rent is rent that is based on the total income of Resident and all family members in

the household (the “Household Income”) and HABC’s policies for determining the amount of income-

based rent. Income-based rent is generally thirty percent (30%) of a family’s adjusted gross Household

Income.

(3)

Flat Rent

A flat rent is rent established by HABC for the Dwelling Unit that is usually set at no less than eighty

percent (80%) of the fair market rent (“FMR”) for the Dwelling Unit as determined by HUD. HUD may

modify the FMR from time to time. If Resident chooses to pay the flat rent, Resident’s rent will be

updated annually to reflect the current flat rent based on any changes by HUD in the FMR. However,

the flat rent will not be increased because of an increase in Resident’s Household Income. At the time

of the annual rent update or Resident’s regular Reexamination (Periodic Review), Resident will be given

the

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HOUSING AUTHORITY OF BALTIMORE CITY

Dwelling Lease

choice of changing to income-based rent or remaining on a flat rent at the current (most recently

adjusted) flat rent amount for the Dwelling Unit.

(4)

Information to Assist Resident in Choosing a Rent Option

HABC will provide sufficient information for Resident to make an informed choice about Resident’s

rent options, including HABC’s policies on families changing from a flat rent to an income-based rent in

circumstances of financial hardship, and the dollar amount of Resident’s monthly rent under each rent

option. If Resident chooses the flat rent option, HABC must conduct a reexamination of family income

at least once every three years, and a reexamination of household composition annually.

(5)

Request to Change from a Flat Rent to an Income-Based Rent

If Resident is paying a flat rent, Resident may, at any time, request to change from paying a flat rent to

paying an income-based rent if Resident is unable to pay the flat rent due to financial hardship. If HABC

determines that Resident is unable to pay the flat rent because of financial hardship, HABC will allow

Resident to change to paying an income-based rent effective the first of the month following the

approved request. Reasons for financial hardship include the following:

(A)

Resident has experienced a decrease in Household Income that will last at least 120

days because of changed circumstances, including loss or reduction of employment,

death in the family that affects rent calculation, or reduction in or loss of earnings or

other assistance;

(B)

Resident has experienced an increase in expenses, because of changed circumstances,

for medical costs, child care, transportation, education, or similar items that would

affect the rent calculation; and

(C)

Such other situations determined by HABC as appropriate because they would affect

the calculation of Resident’s rent.

(h)

Other Charges Due And Collectible Under The Lease

(1)

Other charges due under this Lease include any balance due on the security deposit, utility

charges, maintenance and repair charges beyond ordinary wear and tear, returned check

charges, court costs, HABC installation charges for Resident-supplied air conditioners, and

other expenses incurred by HABC due to Resident’s failure to pay rent when due, or

Resident’s failure to allow HABC entry into the Dwelling Unit as required by the Lease.

Any charge for maintenance or repair assessed against Resident will be based on the

schedule of charges for maintenance or repair of Resident-caused damage in effect at the

time of such damage. The schedule of charges in effect at the time this Lease is signed is

attached as Attachment 2. The schedule of charges, as may be amended by HABC from

time to time, will be posted in the management office of Resident’s development.

(2)

Payment for such charges, except any unpaid security deposit which is due on demand, will

be due and collectible thirty (30) calendar days after the date HABC gives Resident notice

of the charge, with notice that if Resident disputes the charge, Resident has the right to file a

grievance in accordance with the HABC Resident Grievance Policy and Procedure (the

“Grievance Policy”) that is in effect at the time such dispute arises. The current Grievance

Policy is Attachment 3 to the Lease.

(3)

All such charges will be collectible in the same manner as rent if and when permitted by

applicable Federal, State or local law, otherwise, HABC will file any other appropriate court

action authorized by law to collect any such unpaid charges, or terminate the Lease.

(i)

Documentation of Changes in Resident’s Rent

Changes in Resident’s rent made by HABC as provided by in this Lease will be stated in a Lease

Supplement, which HABC will send to Resident in accordance with the notice provisions of this

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Dwelling Lease

Lease. Any new monthly rent amount shown in the Lease Supplement will remain in effect until

Resident’s next regular Reexamination (Periodic Review), subject to any change that Resident reports

to HABC as provided in the Lease that may affect the calculation of Resident’s rent.

(a)

Security Deposit Amount

Resident agrees to pay a security deposit in the amount of $ , which is

equal to one month's rent or a lesser amount established by HABC, to protect HABC against unpaid

rent or damage to the Dwelling Unit at the end of the tenancy. As provided in Section 15(a) below,

HABC will provide Resident with a written inspection report of the condition of the Dwelling Unit at

the time of occupancy, to be signed by HABC and Resident.

(b)

Security Deposit Receipt

Resident’s Initials:

HABC hereby acknowledges receipt of $ from Resident toward Resident’s security

deposit in the total amount of $ , leaving a remaining balance of $ to be

paid by Resident on or before . Interest shall accrue on the security deposit in

accordance with applicable State and/or local laws. At the end of Resident’s tenancy, the security

deposit together with any interest accrued will be refunded to Resident, less any rent and/or charges

owed by Resident at such time, in accordance with applicable State and/or local laws.

(c)

Resident’s Rights Concerning the Security Deposit

Resident’s Initials:

Resident has the following rights under Maryland law:

(1)

Resident has the right to have the Dwelling Unit inspected by HABC in Resident’s

presence for the purpose of making a written list of any damages in the Dwelling Unit that

may exist at the beginning of Resident’s occupancy, if Resident so requests by certified

mail to HABC within fifteen (15) calendar days of Resident’s occupancy. The move-in

inspection that will be conducted by HABC and Resident described in Section 15(a)

satisfies this requirement;

(2)

Resident has the right to be present when HABC inspects the Dwelling Unit at the end of

Resident’s occupancy in order to determine if any damage was done to the Dwelling Unit,

if Resident notifies HABC by certified mail at least fifteen (15) calendar days prior to the

date of Resident’s intended move, of Resident's intention to move, the date of moving, and

Resident's new address;

(3)

HABC must conduct the inspection within five (5) days before or after Resident’s date of

intended moving;

(4)

HABC must notify Resident in writing of the date of the inspection;

(5)

Resident has the right to receive, by first-class mail, delivered to Resident’s last known

address, a written list of the charges against the security deposit claimed by HABC and the

actual costs, within forty-five (45) days after the end of Resident’s occupancy;

(6)

HABC is required to return any unused portion of the security deposit, by first-class mail,

addressed to Resident’s last known address within forty-five (45) days after the end of

Resident’s occupancy; and

(7)

Failure of HABC to comply with the security deposit law may result in HABC being liable

to Resident for a penalty of up to three (3) times the security deposit withheld, plus

reasonable attorney's fees.

SECTION 7. SECURITY DEPOSIT / SECURITY DEPOSIT RECEIPT

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(d)

Transfer of Security Deposit Paid on a Prior Unit Resident’s Initials:

If Resident is signing this Lease as a result of a transfer from a prior HABC public housing unit, any

security deposit paid by Resident for such prior public housing unit will be transferred and credited

towards Resident’s security deposit for the Dwelling Unit. Resident will be notified of any changes to

HABC Policies on transfers of prior security deposit payments.

(a)

Utilities Furnished by HABC

If HABC furnishes utilities to the Dwelling Unit, the following will apply, and subsection b below will

not apply:

(1)

If the Dwelling Unit is individually metered or sub-metered for any utility furnished by

HABC (such as electricity, gas, water, heating fuel), HABC will provide a utility

allowance to Resident based on a utility allowance schedule established by HABC, which

will be posted in the management office of Resident’s development.

(2)

Resident agrees to pay HABC for all Resident’s utility usage in excess of the utility

allowance. Payment for such excess utility usage charges will be due and collectible in the

same manner as provided in Section 6(h) above. The utility allowance schedule may be

modified by HABC in accordance with applicable laws and regulations.

(3)

If the Dwelling Unit is not individually metered or sub-metered for a utility furnished by

HABC, HABC reserves the right to impose charges for the estimated amount of the utility

that is consumed by Resident-owned major appliances or for any optional functions of

equipment furnished by HABC. Such charges will be based on a surcharge schedule

established by HABC in accordance with HUD regulations, which will be posted in the

management office of Resident’s development. Resident agrees to pay for all such

surcharges, which will be due and collectible in the same manner as provided in Section

6(h) above. Failure of Resident to pay excess utility charges or surcharges for Resident-

owned major appliances is a material breach of the Lease and grounds for termination of

the Lease.

(4)

Resident agrees not to waste HABC-supplied utilities and agrees to comply with any

applicable law, regulation, or guideline of any governmental entity regulating utilities or

fuels. Resident further agrees to abide by any applicable local ordinance or HABC notice

to residents restricting or prohibiting the use of space heaters in certain housing units.

(5)

HABC shall not be liable for the failure to supply utility service for any circumstances of

any nature whatsoever beyond its control.

(b)

Utilities Furnished by Resident

If the Dwelling Unit is individually metered for utilities supplied directly by the utility provider(s) and

not by HABC, the following will apply, and subsection a above will not apply:

(1)

Resident Will Establish and Maintain an Account Directly with Utility Provider(s)

Resident will establish and maintain an account directly with the utility provider(s) and pay the

utility provider(s) directly for utilities (such as electricity, gas, water, heating fuel).

(2)

HABC Will Provide a Utility Allowance to Resident

HABC will provide a utility allowance to Resident for the Dwelling Unit based on a utility allowance

schedule established by HABC, which will be posted in the management office of Resident’s

development. If Resident’s actual utility bill(s) exceeds the utility allowance, Resident must pay the

full amount of the bill(s) to the utility supplier(s). If Resident’s actual utility bill is less than the utility

allowance, Resident retains the benefit of such saving. The

SECTION 8. UTILITIES

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utility allowance may be modified by HABC in accordance with HUD regulations, HABC Policies

and this Lease.

(3)

Reduction of Resident’s Total Payment by Resident’s Utility Allowance

The Total Tenant Payment or “TTP” is the total amount that a person would pay for rent unless the

person is entitled to a reduction such as a utility allowance deduction. Resident’s monthly Total Tenant

Payment has been reduced by the amount of Resident’s monthly utility allowance, to determine

Resident’s monthly rent provided in Section 6(a) above. If Resident’s monthly rent is less than Resident’s

monthly utility allowance, HABC will pay the difference as a monthly utility reimbursement, either to

Resident or with Resident’s consent, directly to the utility provider on Resident’s behalf, if Resident

is paying an income-based rent. If Resident pays a flat rent, Resident is not entitled to a utility

reimbursement.

(4)

Amount of Resident’s TTP, Utility Allowance and Any Utility Reimbursement (For

Resident-furnished utilities only)

The amounts of Resident’s Total Tenant Payment, utility allowance, and any utility reimbursement to

Resident as of the date of this Lease are provided in the box below, and may be modified by HABC in

accordance with HUD regulations, HABC Policies and the Lease. (The box below applies only to

Resident-furnished utilities and will not be filled in if HABC supplies utilities.)

(5)

Additional Requirements

(i)

Resident shall authorize the utility provider to notify HABC if Resident fails to maintain

utility service.

(ii)

Failure of Resident to maintain utility service is a material breach of the Lease and

grounds for termination of the Lease.

(iii)

HABC shall not be liable for any failure by Resident to maintain utility service for the

Dwelling Unit or for any failure by the utility provider to supply such utility to the Dwelling

Unit.

(c)

Appliances and Equipment

Listed below are the appliances and equipment that will be supplied by HABC without additional cost

(except any excess utility charge as may be applicable), and those appliances and equipment which will

be supplied and paid for by Resident. Resident is not permitted to install any other appliance or

equipment without prior HABC written approval.

APPLIANCES AND EQUIPMENT

To Be Supplied And Paid For By HABC:

To Be Paid For By Resident:

Stove

Refrigerator

Monthly utility reimbursement payment to Resident: $

Resident’s monthly Total Tenant Payment: $

minus

Resident’s monthly utility allowance: $

equals

Resident’s monthly rent: $

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(d)

Reasonable Accommodation to Address a Disability Relating to Utilities

If Resident is subject to a utility allowance, and needs an increase in his/her utility allowance based on

a disability or medical condition that requires the use of medical or other equipment by Resident or a

family member, Resident may make a reasonable accommodation request for such increase, in an amount

to be determined by HABC, by contacting the management office of Resident’s development.

(a)

Periodic Reviews (Reexamination) for Continued Eligibility

Resident agrees to furnish accurate information to HABC as requested by HABC, regarding Resident’s

family income, employment, expenses and household composition, to be used by HABC in determining

continued eligibility, whether Resident’s rent should be adjusted as required under HUD regulations

and HABC Policies, and whether the size of the Dwelling Unit is appropriate for Resident's needs. These

determinations, referred to in the Lease as the “Periodic Review” or “Reexamination,” will be made in

accordance with the ACOP that is in effect at the relevant time. The ACOP will be available for review

in the management office of Resident’s development and on the HABC website. Periodic Reviews

include regular and interim Reexaminations and may be conducted in the frequency deemed appropriate

by HABC.

The frequency of Resident’s regular Reexamination for income and/or household composition (e.g.,

annual, every two years, or every three years) will be based on factors specified in the HABC ACOP,

such as, Resident’s income source and whether Resident chooses income-based rent or flat rent.

(b)

Interim Reexamination Due to Changed Circumstances

Resident may request an interim Reexamination between regular Reexaminations due to changed

circumstances, such as a decrease in household income, increase in expenses or deductions, and/or

changes in household composition. HABC will process the interim reexamination in accordance with

the ACOP and make a determination as to any rent adjustment to which the Resident may be entitled

unless HABC verifies that the decrease in income will last less than thirty (30) calendar days or such

other period of time provided in HABC Policies.

(c)

Resident’s Right to File A Grievance If Resident Disagrees With A Rent Determination

If Resident disagrees with a rent determination made by HABC at any regular or interim Reexamination

(Periodic Review), Resident may submit a grievance in accordance with the Grievance Policy that is in

effect at the time such dispute arises. The current Grievance Policy is Attachment 3 to the Lease.

(d)

Notification and Process for Regular Reexaminations

For a regular Reexamination, HABC will send Resident a reexamination notification letter at least one

hundred and twenty (120) days before the first day of Resident’s designated Reexamination Month (the

“Reexamination Effective Date”), which will specify the scheduled Reexamination appointment date.

The appointment date will be at least fourteen (14) working days of the date of the appointment letter.

For regular Reexaminations, Resident and all adult family members must appear in person and must

provide any information and documents that HABC or HUD determines are necessary in the

administration of the Public Housing Program, including but not limited to evidence of citizenship or

eligible immigration status. Resident and all adult family members must sign all

SECTION 9. REDETERMINATION OF RENT, DWELLING SIZE AND CONTINUED

ELIGIBILITY; TIMEFRAMES FOR REPORTING CHANGES IN HOUSEHOLD INCOME

AND/OR COMPOSITION

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documents required by HABC to review the household’s eligibility for continued occupancy such as a

personal declaration, and authorization to third-parties to release information to HABC. For interim

Reexaminations, Resident and the adult family member reporting the change must appear in person and

must provide any information and documents, and complete and sign any documents that HABC or

HUD determines are necessary in the administration of the Public Housing Program, including evidence

of citizenship or eligible immigration status.

Any information or document provided by the family must be accurate and complete, and current as

provided in the HABC ACOP. As a condition of admission to, or continued assistance under, the

program, HABC will require the Resident and such other family members as HABC designates, to

execute any release and consent forms, as required, authorizing any financial institution or other private

source of income, employer, or any Federal, State or local agency, to furnish or release to HABC or

HUD such information as HABC or HUD determines to be necessary. The use or disclosure of

information obtained from Resident and household members or from another source pursuant to this

release and consent shall be limited to purposes directly connected with administration of the program.

(e)

Examples of Required Verification

HABC must obtain and document in the Resident’s file third party verification of the following factors,

or must document in the file why third party verification was not available:

▪

Reported family annual income;

▪

The value of assets, except when HABC may accept a self-certification by Resident;

▪

Expenses related to deductions from annual income; and

▪

Other factors that affect the determination of adjusted income or income-based rent.

Resident agrees to comply with HABC's request for verification by ensuring that Resident and all adult

family members sign releases for third party sources, present documents for review, or provide other

suitable forms of verification (e.g. notarized support statements, yearly income tax forms) as requested

by HABC. HABC agrees to maintain any information so received in accordance with the governing

law.

(f)

Timeframe for Reporting Increases in Income – Zero Income Households/Individuals

If Resident or a member of Resident’s household reports no income, Resident and such household

member must report any and all monetary and/or non-monetary income and/or benefits received, within

ten (10) working days of the income or benefit. Resident shall report such income or benefit to the Asset

Manager of Resident’s development. Any increase in Resident’s rent due to the reported change, or

deferral of increase if Resident is eligible, will be made in accordance with HABC Policies.

(g)

Timeframe for Reporting Increases in Income – Income-based/Flat Rent Households

If Resident pays an income-based rent or a flat rent, Resident must report increases in income or assets

at the time of Resident’s regular Reexamination. Resident is not required to report increases in income

or assets between Resident’s regular Reexaminations. HABC may change the requirements for residents

to report increases in income in accordance with HABC Policies and applicable laws. Upon such

change, Resident agrees to report any increase in income as required by HABC after notice by HABC to

Resident in accordance with the Lease. Any increase in Resident’s rent due to the reported change, or

deferral of increase if Resident is eligible, will be made in accordance with HABC Policies and the Lease.

(h)

Timeframe for Reporting Decreases in Income

Resident may report a decrease in income and/or other changes, such as an increase in Resident’s

allowable expenses that may reduce the amount of Resident’s rent payment, at any time between

Resident’s regular Reexaminations. Resident must make the report to the Asset Manager of Resident’s

development, within ten (10) working days of when the change occurs. Resident must provide any

information, document or signature needed from Resident’s household in order to

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verify the change, within ten (10) working days of HABC’s request. A delay by Resident in providing

the requested information, document or signature may result in a delay in the effective date of any

decrease in Resident’s rent. HABC will process the reported decrease/change as an interim

Reexamination as described in subsection b above.

(i)

Increases in Monthly Rent

Except as otherwise provided in this Section 9, any increase in Resident’s rent that occurs as a result of

information provided at a regular Reexamination (Periodic Review) will be effective as of Resident’s

Reexamination Effective Date shown in Section 3 on page 1 above, or in the event of a late review as a

result of HABC’s actions or omissions, thirty (30) calendar days after Resident is notified of the rent

increase, whichever is later. Any increase in rent occurring late as a result of Resident’s actions or

omissions during a regular Reexamination (Periodic Review) will be effective retroactively as of

Resident’s Reexamination Effective Date.

(j)

Decreases in Monthly Rent

If Resident reports a change that results in a rent decrease within thirty (30) calendar days of Resident’s

Reexamination Effective Date, the change will be effective on Resident’s Reexamination Effective

Date.

If Resident reports a change in circumstances that results in a rent decrease more than thirty (30) calendar

days prior to Resident’s Reexamination Effective Date, the change will be treated as an interim

Reexamination and will be effective on the first day of the following month that the family reported the

change. Resident’s Reexamination Effective Date will not change as a result of this action.

If Resident causes a delay so that the processing of the reexamination is not completed by Resident’s

Reexamination Effective Date, any decrease in rent will be effective on the first day of the month following

completion of the reexamination processing by HABC.

(k)

Errors in Rent Calculation

If HABC makes a calculation error at a regular or interim Periodic Review, an interim reexamination

will be conducted to correct the error. Resident will not be charged retroactively for any increase in rent.

However, if Resident was underpaying rent, HABC will increase the rent to the correct amount effective

on the first of the month following thirty (30) calendar days’ notice to Resident. HABC will credit the

Resident’s account for rent that was overpaid due to error by HABC.

(l)

Failure to Report Income / Underreported Income

If Resident and/or a family member fails to report or underreports income:

(1)

Resident must immediately repay HABC any rent due as a result of underpaid rent based on

such failure to report income or underreported income;

(2)

If HABC determines that such failure to report income, or underreporting of income was an

error by Resident and/or a family member that does not constitute a material breach of the

Lease, and Resident is unable to pay the full amount due immediately, HABC, may, at its

sole discretion, enter into a repayment agreement with Resident if appropriate, for payment

of the rent due as a result of the underpaid rent; or

(3)

If HABC determines that such failure to report income or underreporting of income was due

to a material false statement or fraud by Resident and/or a family member in connection

with an application for assistance or with a reexamination of income or household

composition, HABC will terminate the Lease and take appropriate action to collect any

amount of rent due.

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(m)

Timeframe for Reporting Changes In Household Composition

Resident shall report all changes in household composition to the Asset Manager of Resident’s

development within ten (10) working days of the change. Such changes include births, adoption or court

ordered custody, or when a Household Member no longer resides in the Dwelling Unit.

(n)

HABC Approval is Required to Add a Person to Resident’s Household

With the exception of births, adoption or court ordered custody, any person proposed to reside in the

Dwelling Unit, including but not limited to a foster child, foster adult or live-in aide, must be approved

in advance by HABC before the person may reside in the Dwelling Unit. Proposed additions to the

Household, including live-in aides, must meet screening criteria described in the ACOP as applicable, in

order to be permitted to reside in the Dwelling Unit. If HABC approves the addition, the Authorized

Household Members Record (Attachment 1) will be modified to reflect the addition. If the new member

of the household is an adult, the person will be required to sign and date the modification.

When applicable, HABC will request that Resident provide, and Resident agrees to provide HABC, the

income information of the proposed new household member, other than a live-in aide. In such event,

HABC will consider the income of the proposed new household member as family income for purposes

of calculating Resident’s rent, and Resident’s rent may be increased, as a result, prior to the next regular

Periodic Review.

A live-in aide, for the purposes of this Lease, is a person who is determined to be essential to the care and

well-being of the Resident or a family member, and who would not be living in the Dwelling Unit except

to provide necessary supportive services. Medical verification of the need for a live-in aide is required.

Resident and any approved live-in aide must sign a form acknowledging that the live-in aide must

comply with the lease requirements applicable to members of the household, and that when the need for

support services ends, the live-in aide will no longer be authorized to occupy the Dwelling Unit and must

vacate the Dwelling Unit within the time period specified by HABC.

(o)

Removal of a Household Member

When Resident requests to remove a household member, upon verification by HABC that such

household member no longer resides in the Dwelling Unit, HABC will remove the applicable income

and expenses of the removed household member for purposes of calculating Resident’s rent, and

Resident’s rent may be decreased, as a result, prior to the next regular Periodic Review.

The timing of rent increases and rent decreases related to changes in family composition will be

consistent with HABC’s Policies on rent increases and decreases at regular and interim Periodic Reviews.

(a)

Use of Dwelling Unit

Resident shall have the right to exclusive use and occupancy of the Dwelling Unit by the members of

the household identified in Attachment 1 to the Lease – Authorized Household Members Record, as

the family’s private and sole residence. HABC will reasonably accommodate Resident's overnight

guests for a total combined period of up to twenty-one (21) nights in any fifty-two (52) week period. In

extenuating circumstances, if HABC is notified in advance, HABC may extend the period of time. If

HABC agrees to extend the time period, HABC may impose such additional conditions as are reasonable

and consistent with this Lease. For purposes of this Lease, (1) the term “guest” means a person

temporarily staying in the Dwelling Unit with the consent of Resident or other member of the household

who has express or implied authority to so consent on behalf of Resident; and (2) the term “overnight

guest” means a guest who spends the night in the Dwelling Unit.

SECTION 10. OCCUPANCY

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Resident agrees to obtain prior written HABC approval in accordance with Section 9(n) above, before

allowing any person who is not identified as an authorized household member in Attachment 1 to the

Lease to reside in the Dwelling Unit.

(b)

Resident’s Responsibility for Conduct of Resident’s Household and Guests

Resident is responsible for the conduct of all household members including any live-in aide, guests, and

any other person under Resident’s control, and must ensure that they do not engage in conduct that is

prohibited under the Lease, as such activity would be a material violation of this Lease and subject the

Lease to be terminated, regardless of whether Resident was aware of the conduct.

(a)

HABC may require Resident and Resident’s household to transfer or move temporarily from the

Dwelling Unit, and Resident agrees to transfer or temporarily move from the Dwelling Unit to

another dwelling unit or another appropriate temporary accommodation for the following

reasons:

(1)

to permit rehabilitation or renovations of the Dwelling Unit;

(2)

when repairs or maintenance to the Dwelling Unit cannot be made within a reasonable time

or while the Dwelling Unit is occupied;

(3)

when HABC decides to sell, dispose of, or demolish the Dwelling Unit;

(4)

if Resident is housed in a unit with an accessibility feature not needed by Resident or

member of Resident’s household;

(5)

when the circumstances relating to the Dwelling Unit do not meet requirements under

Federal, State or local law or HABC policies for occupancy;

(6)

any other reason required or permitted under the HABC ACOP or applicable laws and

regulations.

(b)

If HABC determines that a transfer or temporary or permanent relocation is warranted, Resident

will be given written notice setting forth the reasons necessitating the transfer. When an

appropriately sized unit becomes available, upon notification to Resident, Resident shall move to

such available unit within a reasonable amount of time as determined by HABC. However, if the

relocation is governed by the Federal Uniform Relocation Act (“URA”) Resident will not be

required to relocate until HABC has provided the notice required by the URA and given

Resident notice of relocation benefits available under the URA.

(c)

HABC will pay the reasonable cost of transferring or relocating Resident when HABC requires

Resident to transfer from the Dwelling Unit. Resident will be liable for any costs allowed by

law, incurred by HABC in connection with Resident’s refusal to transfer or move temporarily, or

Resident’s delay in transferring or moving temporarily when required by HABC, and/or

Resident’s failure to return keys and sign appropriate documents in the form approved by HABC

in order to return possession of the Dwelling Unit to HABC.

(d)

Involuntary transfers (transfers initiated by HABC) are subject to the Grievance Policy. Except

in the case of transfers required due to conditions in the Dwelling Unit that HABC determines

may pose a health or safety risk to anyone, no transfers may be made until either the time to

request a grievance has expired or the grievance proceeding has been completed.

(e)

If HABC requires Resident to move from the Dwelling Unit because it is a unit with an

accessibility feature not required to address a disability of Resident or a family member, HABC

will provide Resident with thirty (30) calendar days’ notice to move. Resident must leave the

SECTION 11. TRANSFERS AND RELOCATION

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Dwelling Unit in clean and good condition, ordinary wear and tear excepted, and must immediately

return the keys to the Dwelling Unit to HABC upon move-out. The Lease Addendum for Occupancy

of Accessible Units, Attachment 9, is incorporated by reference and made a part of this Lease.

(f)

If Resident makes a request with supporting verification, as may be required by HABC, for a unit

with accessibility features required to address a disability, HABC will have the choice to modify

Resident's existing Dwelling Unit, if it is reasonable to make such an accommodation, or transfer

Resident to another unit with the needed features.

(g)

HABC will consider a transfer request by Resident in accordance with the transfer priorities

established in the HABC ACOP. If Resident is approved for a transfer Resident will be placed

on a waiting list that applies to Resident’s transfer priority and unit type for Resident’s

household. If Resident is placed on a transfer waiting list for any reason other than a reasonable

accommodation to address a disability, HABC may, at the time Resident reaches the top of the

transfer waiting list, re-determine Resident’s transfer needs prior to making any unit offer to

Resident. Resident agrees to provide information reasonably requested by HABC in order to

make such redetermination. Resident is responsible for all of Resident’s moving costs and other

costs related to the transfer except when reasonable moving costs are to be paid by HABC in

accordance with HABC Policies and the URA.

(h)

Resident understands and agrees that Resident cannot maintain more than one Federally-assisted

unit, and any failure of Resident to surrender possession of the Dwelling Unit upon accepting

possession of another Federally-assisted unit is: (1) a material breach of this Lease and the

program requirements for such other Federally-assisted unit, and (2) grounds to terminate this

Lease and assistance to Resident for the new unit.

HABC is obligated, other than for circumstances beyond its control, as follows:

(a)

To maintain the Dwelling Unit and the development in a decent, safe and sanitary condition.

(b)

To comply with requirements of applicable building codes, housing codes, and HUD regulations

materially affecting health and safety.

(c)

To make non-emergency repairs to the Dwelling Unit within thirty (30) calendar days of the

inspection date and abate emergency items within a reasonable period of time from the time the

work order is requested.

(d)

To keep the development buildings, facilities and common areas not otherwise assigned to

Resident for maintenance and upkeep in a clean and safe condition.

(e)

To maintain in good and safe working order and condition electrical, plumbing, sanitary,

heating, ventilating and other facilities and appliances, including elevators, supplied or required

to be supplied by HABC. If Resident becomes aware of any defect of the aforementioned

systems or facilities, Resident has an obligation to notify HABC promptly.

(f)

To provide and maintain appropriate receptacles and facilities (except containers for the

exclusive use of Resident’s household) for the deposit of garbage, rubbish and other waste

removed from the Dwelling Unit by Resident.

(g)

To supply running water and reasonable amounts of hot water and reasonable amounts of heat at

appropriate times of the year, except where the heat or hot water is generated by an installation

within the exclusive control of Resident and supplied to Resident directly by a utility provider.

(h)

To notify Resident of the specific grounds for any proposed adverse action by HABC. Such

adverse action includes, but is not limited to, a proposed lease termination, transfer of Resident

SECTION 12. OBLIGATIONS OF HABC

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to another unit, or imposition of charges for maintenance and repair, or for excess consumption of

utilities.

(i)

To consider lease bifurcation in circumstances involving domestic violence, dating violence,

sexual assault or stalking. Nothing in this preceding statement shall be construed to allow the

perpetrator or abuser to receive housing assistance under a lease bifurcation.

(j)

To develop a local policy for administration of the community service and economic

self-sufficiency requirements for public housing residents.

(k)

To notify Resident of the presence of any known lead-based paint and lead-based paint hazards

and do what is required by law to address the hazard.

(l)

To make smoking-cessation information available to HABC residents and maintain a smoke-

free policy.

(m)

To continue to work cooperatively with HABC’s Resident Advisory Board in establishing

necessary and reasonable HABC rules and policies.

Resident is obligated under this Lease, as follows:

(a)

To read and/or have read to Resident and understand all terms of this Lease before signing. If

and when Resident realizes that he/she cannot comply with the requirements of this Lease,

Resident shall promptly notify HABC of this fact.

(b)

Not to: (1) commit any fraud, or assist any person in committing or attempting to commit fraud,

in connection with any Federal, state or local housing assistance program; or (2) possess, or

receive assistance for occupancy of, any other unit assisted under any Federal, state or local

housing assistance program during the term of the Lease.

(c)

To make all payments that are due under the Lease at the time and in such amounts as the Lease

requires.

(d)

Not to assign the Lease or sublease the Dwelling Unit or any part of the Dwelling Unit.

(e)

Not to provide accommodations for boarders or lodgers.

(f)

Not to: (1) allow any person who is not identified in the Lease as a member of Resident’s

household to reside in the Dwelling Unit, or remain in the Dwelling Unit in violation of the

overnight guest policy, or use Resident’s address to receive mail, or store property in the

Dwelling Unit; and (2) allow access to, the Dwelling Unit or the Premises, any person who

Resident knows or should reasonable know is under a no-trespass or banning notice from

HABC.

(g)

To assure that Resident, Resident’s household members and their guests and visitors comply

with all security, sign-in, registration and/or identification card system, guest visitation, building

entry and exit requirements, and parking requirements that exist at Resident's building or

development, and as may be amended from time to time by HABC.

(h)

To use the Dwelling Unit solely as a private dwelling for, and as the sole residence of, Resident

and Resident's family members as identified in the Lease (Attachment 1, as may be amended)

and not to use or permit its use for any other purpose. HABC, by prior written approval, may

consent to the use of the Dwelling Unit for legal profit-making activity subject to Federal

regulations, HABC's policies, and local laws, where HABC has determined that such activities

are incidental to primary use of the Dwelling Unit as a residence by members of the household.

Resident must report any income derived from such profit-making activity during Resident’s next

regular Reexamination (Periodic Review). Use of the Dwelling Unit for any purpose other than

SECTION 13. OBLIGATIONS OF RESIDENT

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the sole private dwelling of Resident and authorized family members, without prior written HABC

approval is a material violation of the Lease. Resident must obtain prior written approval from HABC in

order to use any indoor or outdoor common area for an event.

(i)

To comply with the Smoke-Free Policy Lease Addendum and ensure that Resident, member(s) of

Resident’s household, guest(s) and any other person(s) under Resident’s control abide by

HABC’s Smoke-Free Policy which prohibits the use of prohibited tobacco products: (1) in all

public housing living units including the Dwelling Unit; and (2) other restricted areas as defined

in the policy, including but not limited to any area that is within 25-feet from a structure on the

Premises. The Smoke-Free Lease Addendum is Attachment 10 to the Lease and contains the

HABC Smoke-Free Policy. The Smoke-Free Lease Addendum and the HABC Smoke-Free

Policy are incorporated by reference and made a part of the Lease.

(j)

To abide by necessary and reasonable regulations, rules, policies and procedures (collectively,

“regulations”) implemented by HABC for the benefit and wellbeing of the housing development

and residents which shall be posted in the management office of Resident’s development and

incorporated by reference in the lease. Such regulations will be implemented only after notice to

all affected residents and opportunity for residents to provide written comment within thirty (30)

calendar days of the date of notice.

(k)

To comply with all obligations imposed upon Resident by applicable provisions of building,

housing and fire codes materially affecting health and safety, and related safety programs that

may be implemented by HABC such as Resident participation in fire or emergency safety

training, and/or evacuation drills, and such other safety activities established by HABC.

(l)

To keep the Dwelling Unit and such other areas as may be for Resident’s exclusive use in a clean

and safe condition. The parties agree that the tasks which Resident shall perform are indicated

below by Resident's initials:

(1)

[ ] keeping Dwelling Unit walls, floors, cabinets, windows, doors, ceilings, woodwork,

appliances and fixtures of the interior clean and free of grease, dirt, trash, litter, debris,

obstructions, clutter, unsanitary matter and hazards;

(2)

[ ] depositing trash and garbage properly in compactor chutes, dumpsters, and covered

trash cans;

(3)

[ ] shoveling snow from individual walkways;

(4)

[ ] keeping individual sidewalks and yards clean and free of trash and litter;

(5)

[ ] keeping individual balconies, fire escapes, canopies, furnace rooms, storage areas,

trash areas and basements, as applicable, clean and free of trash, clutter and litter, and

obstructions, and to not hang clothes on any such balconies;

(6)

[ ] keeping common hallways and stairways in a clean and sanitary condition (applies

to buildings with less than 10 units);

(7)

[ ] cleaning common hallway tile;

(8)

[ ] cutting individual grass and cleaning lawn areas;

(9)

[ ] maintaining individual trash areas;

(10)

[ ] other:

(m)

To dispose of all garbage, rubbish and other waste from the Dwelling Unit in a sanitary and safe

manner and to deposit such items in the facilities provided. To seal tightly and place in a tightly

sealed trash bag and deposit only in dumpsters, containers which hold or have held any

household cleaning preparation, or other substance which may be hazardous to the health or

safety of others.

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(n)

To use only in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating,

air-conditioning and other facilities and appurtenances, including elevators. To refrain from

depositing into any part of the plumbing or sanitary facilities any items (such as disposable

diapers, socks, or sanitary supplies) not intended for use in or with such facilities.

(o)

To ensure that Resident, members of Resident’s household, and their guests refrain from

destroying, defacing, damaging, or removing any part of the Dwelling Unit, development, or

Premises.

(p)

To pay reasonable charges (other than for ordinary wear and tear) for the repair of damages to the

Dwelling Unit, development buildings, facilities, common areas, or Premises caused by Resident,

Resident's household or guests, or any other person under Resident’s control, in accordance with

a schedule of charges as posted in the management office of Resident’s development from time

to time. No charges will be assessed against Resident for damages which result in a police

complaint filed by Resident and for which Resident was not responsible. For these purposes,

repair of damages includes the removal of any item placed, affixed or installed by Resident in any

part of the Dwelling Unit or on any part of the development without prior HABC approval as

required by this Lease.

(q)

To conduct himself or herself and cause other persons who are on the Premises with Resident's

consent to conduct themselves in a manner which will not disturb Resident's neighbors' peaceful

enjoyment of their accommodations or threaten the health and safety of other residents, HABC

employees or contractors, and will be conducive to maintaining the development and

neighborhood in a decent, safe and sanitary condition.

(r)

To comply with Attachment 11, the Lease Addendum for Prevention and Extermination of Bed

Bugs, Rodents and Other Pests, for all bed bug, rodent and pest control activities undertaken by

HABC. Resident is required to: (1) provide access to the Dwelling Unit when pest control

inspections and treatments are scheduled; (2) complete all pre-treatment activities in the Dwelling

Unit as reasonably directed by HABC, prior to the bed bug, rodent and other pest control

treatment; and (3) complete all post-treatment activities as reasonably directed by HABC for the

success of the treatment. HABC will enter the Dwelling Unit whenever a bed bug, rodent and/or

other pest control activity is scheduled and/or needed. The Lease Addendum for Prevention and

Extermination of Bed Bugs, Rodents and Other Pests, Attachment 11, is incorporated by

reference and made a part of this Lease.

(s)

To promptly notify HABC or HABC’s designee of the need for any repairs to the Dwelling Unit,

and to allow HABC access into the Dwelling Unit without delay to make such repairs.

(t)

To refrain from illegal or other activity under Federal, state or local law, which impairs the

physical or social environment of the development, neighborhood, Premises or other HABC-

owned or assisted property.

(u)

To ensure that Resident, member(s) of Resident’s household, and their guest(s) do not engage in:

(1)

Any criminal activity under Federal, state or local law that threatens the health or safety of

other residents of the Premises or other HABC-owned or assisted property, or their right to

the peaceful enjoyment of the Premises or other HABC-owned or assisted property; or

(2)

Any criminal activity under Federal, state or local law that threatens the health or safety of

HABC employees, agents or contractors; or

(3)

Any drug-related criminal activity under Federal, state or local law, on or off the Premises.

(v)

To ensure that no other person under Resident’s control engages in:

(1)

Any criminal activity under any Federal, state or local law that threatens the health or safety

of other residents of the Premises or their right to the peaceful enjoyment of the Premises; or

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(2)

Any criminal activity under Federal, state or local law that threatens the health or safety of

HABC employees, agents or contractors; or

(3)

Any drug-related criminal activity on the Premises.

(w)

To understand the following definitions which apply for purposes of this Lease and Resident’s

obligations under the Lease:

(1)

The term "drug-related criminal activity" means the illegal (under any federal, state or local

law) manufacture, sale, distribution, or use of a drug, or possession of a drug with intent to

manufacture, sell, distribute or use the drug. Certain activity that may not be drug-related

criminal activity under State law is considered criminal drug-related activity under Federal

law and grounds for termination of tenancy. For example, illegal possession of marijuana

under Federal law on or off the Premises is grounds for termination of the Lease.

(2)

The term “drug” means a controlled substance as defined in section 102 of the Controlled

Substances Act (21 U.S.C. 802), irrespective of any state or local law to the contrary.

(3)

The term “guest” (also see Section 10(a) above) means a person temporarily staying in the

Dwelling Unit with the consent of Resident or other member of the household who has

express or implied authority to so consent on behalf of Resident.

(4)

The phrase “other person under Resident's control” means that the person, although not

staying as a guest (as defined in subsection C above) in the Dwelling Unit, is, or was at the

time of the activity in question, on the Premises (as the term Premises is defined under

Section 3 above) because of an invitation from Resident or other member of the household

who has express or implied authority to so consent on behalf of Resident. Absent evidence

to the contrary, a person temporarily and infrequently on the Premises solely for legitimate

commercial purposes is not under Resident’s control.

(x)

To refrain from: (1) making any alteration to the Dwelling Unit or Premises including, but not

limited to, construction, placement, or installation of exterior fencing, wiring, repairs or

redecoration to the interior or exterior of the Dwelling Unit or to the equipment; (2) installing

additional equipment or major appliances (such as air conditioners, freezers, refrigerators,

washers and dryers) without prior written consent of HABC; and (3) erecting, building or placing

on HABC property any fence, shed, equipment or other structure. For purposes of this Lease, the

term equipment includes but is not limited to playground equipment, tree houses, tents,

trampolines, canopies, doghouses, open-flame lamps and (Tiki) torches, and water apparatus such

as aboveground or in-ground pools, inflatable kiddie pools, and water slides.

(y)

To refrain from changing any lock or installing new locks on any exterior or interior door of the

Dwelling Unit without HABC's prior written approval.

(z)

To take reasonable precautions to prevent fires, including but not limited to: (1) using, placing

and/or storing flammable materials in the Dwelling Unit only in a manner permitted and required

by applicable housing and fire codes, and keeping such materials out of the reach of children; (2)

using, charcoal burners, grills, hibachis, or other similar devices used for cooking, in accordance

with State and local laws. Such devices can only be used if the location of the Dwelling Unit

allows for the device to be placed at a required minimum required distance from a structure. A

copy of the applicable law is available at the management office of Resident’s development; and

(3) ensuring that Resident, Resident’s household members and guests do not leave any heat producing

appliance, equipment, material, or object unattended or within the reach of children while in use or

operation.

(aa) To refrain from installing, attaching, erecting, or hanging, or otherwise causing or allowing to be

installed, erected, attached or hung, any air conditioning unit, satellite dish, radio or television antennae,

clothes line, or wiring of any kind, on or from any part of the Dwelling Unit or Premises without prior

written authorization from HABC. If the proper installation of any such item and/or proper

specifications for the item, as determined by HABC, will result in additional

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cost, Resident will be responsible for all such costs and no installation will be approved by HABC

prior to Resident demonstrating ability to pay the cost.

(bb) To refrain from placing any permanently affixed sign of any type in or about the Dwelling Unit

and the Premises, unless and until such sign is approved by the appropriate zoning authority and HABC

has given written permission to place such sign.

(cc) To comply with a notice from HABC to remove at Resident’s expense, and without damage to the

Dwelling Unit or Premises, any air conditioning unit, equipment, appliance, fence, shed, pool, lock,

playground, or other item installed, constructed, erected or attached by Resident without prior written

approval from HABC in accordance with the Lease. Failure of Resident to comply with a removal notice

issued by HABC, within the time provided in the notice is a material breach of lease and ground to

terminate this Lease. Provided, however, that a removal notice is not required before HABC may initiate

lease termination proceedings against Resident for any violation of the Lease.

(dd) To provide HABC notice at least thirty (30) calendar days in advance of the date on which Resident

proposes to vacate the Dwelling Unit, and in addition, to notify HABC at least seventy-two (72) hours

before Resident’s actual move-out from the Dwelling Unit, as required by local law. At the time Resident

vacates, Resident shall secure and lock all doors and windows and openings in any basement or

basement areaways and leave the Dwelling Unit clean and free from trash and litter. Resident shall

remove any personal property when Resident leaves, abandons or surrenders the Dwelling Unit and

return the keys to HABC on the date specified in the notice to HABC. HABC will consider any personal

property remaining after Resident vacates to have been abandoned and will take the steps necessary to

dispose of it and charge any costs of disposal to Resident’s account.

(ee) To move in and move out only during hours when the management office of Resident’s

development is open, unless Resident has obtained prior written approval from the Asset Manager of

Resident’s development.

(ff) To ensure that Resident and other Household Members do not engage in an abuse or pattern of

abuse of alcohol that affects the health, safety, or right to peaceful enjoyment of the Premises or other

HABC-owned or assisted property by other residents.

(gg) To comply at all times with the requirements of the HABC Pet Policy, which is Attachment 5 to

this Lease, as may be amended by HABC from time to time. As provided in the Pet Policy, Resident

must meet all requirements provided in the Pet Policy, and must complete and sign the “Application for

a Pet” and pay the pet security deposit if the application is approved by HABC, before Resident may

maintain a pet such as a dog or cat in the Dwelling Unit or on the Premises.

(hh) Not to unlawfully, recklessly or negligently possess any weapon.

(ii)

To refrain from washing any vehicle on the Premises, and on a public street or other location

where HABC supplied water will be used.

(jj) To refrain from placing, storing, possessing, driving, riding and/or using any operable or inoperable

dirt bike, golf-cart, snowmobile, or riding lawnmower on the Premises. For purposes of this lease, a “dirt

bike” means any motorized bicycle, motorcycle, or similar vehicle designed for use on rough surfaces

such as dirt roads or trails that are not registered under the Maryland Vehicle Law. Examples of dirt

bikes include minibikes and all-terrain vehicles (ATV) either of the three or four wheel variety.

(kk) To maintain utility service in accordance with Section 8b above concerning Resident-furnished

utilities, if applicable to Resident.

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In the event that the Dwelling Unit is damaged to the extent that conditions are created that are

hazardous to life, health or safety of the occupants:

(a)

Resident shall immediately notify the Asset Manager of Resident’s development of the damage.

(b)

HABC shall be responsible for emergency repair of the Dwelling Unit within a reasonable time

after receiving notice from Resident. HABC will attempt to abate emergency conditions in the

unit within a reasonable period of time after receiving a request for repair. A list of such

"emergency conditions" as defined by HABC in good faith cooperation with the Resident

Advisory Board (“RAB”), will be posted in the management office of Resident’s development. If

the damage was caused by Resident, Resident's household or guests, the cost of repair will be

charged to Resident. The cost of repair being charged to Resident does not limit or waive any

other rights HABC may have concerning damage to HABC property caused by Resident,

Resident's household or guest.

(c)

If necessary repairs cannot be made within a reasonable period of time HABC will offer Resident

standard alternative accommodations, if available in public housing. Resident may be given the

opportunity to return to the Dwelling Unit after repairs are completed, as determined by HABC in

accordance with HABC’s policies governing admission and occupancy.

(d)

In the event repairs cannot be made within a reasonable period of time, or if standard alternative

accommodations in public housing are not available as provided in subsection (c) of this Section,

rent will be abated in proportion to the seriousness of the damage, and the extent of the

diminished use of the Dwelling Unit by Resident provided; however, that no abatement of rent

will occur if Resident rejects an offer for an available standard alternative accommodation or if

the damage was caused by Resident, a member of Resident's household or guest.

(e)

Resident agrees to continue to pay full rent for the Dwelling Unit, less any portion of rent abated

by agreement of HABC and Resident, until the conditions are corrected.

(f)

If HABC determines that the Dwelling Unit is uninhabitable because of imminent danger to the

life, health and safety of Resident’s household, and Resident refuses standard alternative

accommodations or temporary relocation to other available accommodation if standard

alternative accommodation in public housing is not available, this Lease will be terminated, and

any rent paid for the period that the Dwelling Unit is uninhabitable will be credited to Resident’s

account.

Resident agrees to provide HABC access to the Dwelling Unit without delay or hindrance for the

following inspections:

(a)

Move-in Inspection

HABC and Resident and/or Resident’s authorized representative will inspect the Dwelling Unit prior to

occupancy by Resident. HABC will give Resident a written report of the conditions of the interior and

exterior of the Dwelling Unit, and note any equipment provided with the Dwelling Unit. The inspection

report shall be signed by HABC and Resident and a copy of the inspection report retained in Resident's

folder. Any deficiencies noted on the inspection report will be corrected by HABC at no charge to

Resident. Resident has thirty (30) calendar days after move-in to notify HABC of any additional

deficiencies not noted on the original inspection report, which will be corrected by HABC at no charge

to Resident. Deficiencies will be corrected within thirty (30) calendar days.

SECTION 14. DEFECTS HAZARDOUS TO LIFE, HEALTH OR SAFETY

SECTION 15. INSPECTIONS

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(b)

Preventive Maintenance (PM) Inspections

HABC will inspect the Dwelling Unit at least once a year for purposes of preventative maintenance,

and correct any deficiencies based upon the severity in compliance with Section 12(c).

(c)

Pest Treatment Inspections

HABC will conduct inspections for purposes of appropriate treatment of the Dwelling Unit and/or

adjacent units for pests. The inspections and treatments will be in the frequency or intervals determined

by HABC to be necessary and appropriate. Except in the case of an emergency, HABC will provide

Resident at least forty-eight (48) hour notice prior to the inspection. Resident agrees to comply with

Attachment 11, the Lease Addendum for Prevention and Extermination of Bed Bugs, Rodents and other

Pests.

(d)

Housekeeping Inspections

HABC has developed uniform housekeeping standards for all families in an effort to maintain HABC

properties in a decent, safe and sanitary condition. The uniform housekeeping standards are found in the

Public Housing Resident Handbook, which will be provided to Resident by HABC. Once a year, HABC

will conduct a housekeeping inspection of the Dwelling Unit to ensure that Resident is maintaining the

interior and exterior of the Dwelling Unit in accordance with the uniform housekeeping standards.

(1)

HABC will provide Resident at least forty-eight (48) hour notice prior to the inspection. In

the event Resident has not contacted HABC to reschedule the inspection and is not home at

the scheduled time of the inspection, HABC staff will enter the Dwelling Unit and conduct

the inspection. HABC staff will leave a notice in the Dwelling Unit informing Resident of

the inspection.

(2)

If the Dwelling Unit does not pass the housekeeping inspection, Resident will be required to

remedy deficiencies within an appropriate deadline reasonably determined by HABC based

on the seriousness of the deficiencies. Another inspection will be scheduled to occur within

thirty (30) calendar days from the date of notification of inspection results. If the Dwelling

Unit does not pass a second inspection, HABC may terminate the Lease.

(e)

HUD Inspections and HABC Pre-HUD Inspections

HABC will notify Resident of any scheduled inspection to be conducted by HUD, or may otherwise be

required by HUD under the public housing program. Prior to such HUD inspections, HABC will inspect

the Dwelling Unit and notify Resident of any deficiencies in the Dwelling Unit. Resident must

remove/abate all deficiencies caused by Resident, especially any deficiencies that may impact the score

HABC may receive from HUD for the condition of the Dwelling Unit. Resident must comply with a

notice from HABC to remove, at Resident’s expense, any such deficiencies noted by HABC in the pre-

HUD inspection.

(f)

Move-out Inspection

HABC will inspect the Dwelling Unit when Resident vacates and will provide Resident a written report

of any damage beyond ordinary wear and tear for which Resident is responsible, and the charges for the

repair of such damages. Resident has the right to participate in such inspection, and may participate in

person and/or through or with an authorized representative. If Resident fails to notify HABC, as required

by this Lease, that Resident intends to vacate, or fails to provide a forwarding address in a notice of intent

to vacate, HABC will send the move-out inspection report to Resident’s last known address.

(a)

HABC shall, upon reasonable advance notice to Resident, be permitted to enter the Dwelling

Unit during reasonable hours for the purpose of performing routine inspections and maintenance,

for making improvements or repairs, or to show the dwelling unit for re-leasing. Except in an

emergency, a written statement specifying the purpose of HABC’s entry delivered to the

SECTION 16. ENTRY OF UNIT DURING TENANCY

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Dwelling Unit at least forty-eight (48) hours before such entry shall be considered reasonable advance

notification.

(b)

HABC may enter the Dwelling Unit at any time without advance notification when there is

reasonable cause to believe that an emergency exists.

(c)

In the event that Resident and all adult members of Resident's household are absent from the

Dwelling Unit at the time of entry, HABC will leave a written statement in the unit specifying the

date, time and purpose of entry prior to leaving the unit.

(d)

Failure of Resident to allow HABC access to the Dwelling Unit to perform such inspections,

improvements, repairs, or maintenance, including pest eradication treatment, is a material breach

of the Lease and grounds for termination of the Lease. Inability of HABC to gain entry to the

Dwelling Unit for any reason caused by Resident, including but not limited to a change of locks

by Resident, is a material violation of the Lease that will result in lease termination.

(e)

If HABC is unable to gain entry into the Dwelling Unit because a different lock has been

installed in the Dwelling Unit, HABC will install a new lock in order to gain entry to perform the

necessary inspection, maintenance, extermination treatment or repair. Resident will be provided

keys to the new lock at the management office of Resident’s development during working hours.

The cost of removing Resident-installed locks and installing new locks will be charged to

Resident’s account. Resident’s Initials:

(a)

Except as otherwise provided, notice to Resident will be in writing and delivered to the

Dwelling Unit or sent by prepaid first-class mail, properly addressed to Resident.

(b)

If Resident is visually impaired and has so notified HABC, such notice will be in an accessible

format.

(c)

Notice to HABC shall be in writing, delivered to the management office of Resident’s

development or sent by prepaid first-class mail, properly addressed to the management office of

Resident’s development. The address and contact numbers of the management office of

Resident’s development is:

Name:

Address:

Telephone Number:

Fax Number:

Work Order Number:

After Hours Number:

Subject to Section 19(c) below, HABC will terminate this Lease only for serious or repeated violation

of material terms of the Lease or other good cause, such as the following:

(a)

Failure of Resident to make any payment(s) at the time and in the amount due under the Lease;

(b)

Failure of Resident to fulfill any of Resident’s obligations in the Lease including but not limited

to the ones set forth in Section 13 of the Lease;

(c)

Discovery after admission of any fact that makes, or would have made, Resident ineligible for

admission to the public housing program;

SECTION 17. NOTICE

SECTION 18. TERMINATION OF LEASE BY HABC

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(d)

Discovery of a material false statement or other fraud by Resident in connection with any

application for assistance or continued assistance, or with a regular or interim reexamination;

(e)

Failure of Resident or a family member to comply with community service requirement

provisions as described in Attachment 6 to this Lease, as grounds for non-renewal of the Lease

and termination of tenancy at the end of the twelve-month Lease term;

(f)

Failure of Resident to accept a revision to the Lease, which may be in the form of a rider to the

Lease or in the form of a new lease, with written notice provided by HABC at least sixty (60)

calendar days before the lease revision is to take effect, and specifying a reasonable time limit for

acceptance by Resident;

(g)

Failure of Resident and all adult family members to appear and provide all required information

at the time of a Periodic Review of Resident by HABC for income or household composition;

(h)

Failure to permit HABC entry into the Dwelling Unit: (1) at any time requested by HABC

without advance notice in order to address an emergency; or (2) during reasonable hours upon at

least forty-eight hours advance notice for the purpose of performing inspections and maintenance,

including pest eradication inspections and treatment, and for making improvements or repairs;

(i)

A determination by HABC that Resident or any member of the household has ever been

convicted of drug-related criminal activity for the manufacture or production of

methamphetamine on the premises of federally assisted housing;

(j)

Flight, or harboring any person fleeing, to avoid prosecution, or custody or confinement after

conviction of the Resident, or any household member or other person, for a crime, or attempt to

commit a crime, that is a felony under the laws of the place from which the individual flees, or

that, in the case of the State of New Jersey, is a high misdemeanor; or violation of a condition of

probation or parole imposed under Federal or State law;

(k)

Failure of Resident to: (1) relocate or transfer from the Dwelling Unit in a timely manner when

requested by HABC as provided in this Lease; or (2) return possession of Resident’s prior

dwelling unit to HABC, or other landlord as applicable, if such prior dwelling unit was

subsidized under a Federal, State or local program, and Resident signed this Lease as a result of a

transfer from such dwelling unit. (The term “return possession” includes leaving such prior

dwelling unit in a clean and good condition, ordinary wear and tear excepted, and returning all

keys to such dwelling unit to HABC, or other landlord as applicable.)

(l)

Illegal, reckless and/or negligent possession of a gun or other weapon.

(m)

Abuse, harassment, threat of violence, or violence against a HABC employee or contractor,

another resident or member of such resident’s household, or a guest or visitor.

(n)

Absence of Resident from the Dwelling Unit for more than thirty (30) consecutive calendar days

or more without good cause.

(o)

Allowing any person not authorized by HABC to reside in the Dwelling Unit or to use the

Dwelling Unit address to receive mail or to store his/her belongings in the Dwelling Unit.

(p)

Any of the following types of activity by Resident, any member of Resident's household or a

guest:

(1)

Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the

Premises or other HABC-owned or assisted property by other residents, HABC employees,

or persons residing in the immediate vicinity of the Premises or such other HABC-owned or

assisted property, or any drug-related criminal activity on or off the Premises. Provided,

however, that criminal activity directly relating to domestic violence, dating violence, or

stalking, by a member of Resident’s household or any guest or other person under

Resident’s control, shall not be cause for termination of the tenancy or occupancy rights, if

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Resident or immediate member of the Resident’s household is a victim of such domestic violence,

dating violence, or stalking;

(2)

Any activity that threatens the health, safety or right to peaceful enjoyment of the Premises

or other HABC-owned or assisted property by other residents, employees or contractors of

HABC, or persons residing in the immediate vicinity of the Premises or such other HABC-

owned or assisted property;

(3)

Illegal possession or use (or pattern of illegal use) of a controlled substance;

(4)

Abuse (or pattern of abuse) of alcohol, that HABC determines interferes with or threatens

the health safety, or right to peaceful enjoyment of the Premises or other HABC-owned or

assisted property by other residents; or

(5)

Furnishing false or misleading information concerning illegal drug use, alcohol abuse, or

rehabilitation of illegal drug users or alcohol abusers.

(q)

Any of the following types of activity by any other person under Resident’s control:

(1)

Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the

Premises by other residents, HABC employees, or persons residing in the immediate

vicinity of the Premises. Provided, however, that criminal activity directly relating to

domestic violence, dating violence, sexual assault or stalking by a member of Resident’s

household, guest, or other person under Resident’s control, shall not be cause for

termination of the tenancy or occupancy rights of the victim, if the Resident or family

member in Resident’s household is a victim of such domestic violence, dating violence,

sexual assault or stalking;

(2)

Any drug-related criminal activity on the Premises; or

(3)

Any activity that threatens the health, safety or right to peaceful enjoyment of the Premises

by other residents, employees of HABC, or persons residing in the immediate vicinity of the

Premises.

(r)

Failure of Resident to maintain utility service for any Resident-furnished utility required by this

Lease.

(s)

A determination that Resident no longer meets eligibility requirements for the Public Housing

Program under applicable HUD regulations or HABC Policies;

(t)

Funding is no longer made available to HABC to operate the Public Housing Program.

(a)

Purpose

The federal law known as the Violence Against Women Act (“VAWA”) provides certain protections

to victims of domestic violence, dating violence, sexual assault and stalking, as defined below. Despite

the name of the law, VAWA protections are not only available to women, but are available equally to

all individuals regardless of sex, gender identity, or sexual orientation.

(b)

Definitions

For purposes of this Lease:

(1)

The term “actual and imminent threat” consists of a physical danger that is real, would

occur within an immediate time frame, and could result in death or serious bodily harm. In

determining whether an individual would pose an actual and imminent threat, the factors to

SECTION 19. DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR

STALKING

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be considered include the duration of the risk, the nature and severity of the potential harm, the likelihood

that the potential harm will occur, and the length of time before the potential harm would occur.

(2)

The term “affiliated individual” means, with respect to an individual -

(A)

A spouse, parent, brother or sister, or child of that individual, or an individual to

whom that individual stands in loco parentis (such as a legal guardian of a minor

child); or

(B)

An individual who has guardianship over another individual who is not a minor; or

(C)

Any individual, resident or lawful occupant living in the household of that individual.

(3)

The term “bifurcate” means, with respect to a public housing lease, to divide a lease as a

matter of law such that certain lawful occupants of a household can be evicted or removed

while the remaining family members’ lease and occupancy rights are allowed to remain

intact.

(4)

The term “dating violence” means violence committed by a person who is or has been in a

social relationship of a romantic or intimate nature with the victim. The existence of such a

relationship will be determined based on: (A) the length of the relationship; (B) the type of

relationship; and (C) the frequency of interaction between the persons involved in the

relationship.

(5)

The term “domestic violence” means felony or misdemeanor crimes of violence committed

by a current or former spouse or intimate partner of the victim, by a person with whom the

victim shares a child in common, by a person who is cohabitating with or has cohabitated

with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of

the victim under the domestic or family violence laws of the jurisdiction receiving grant

monies, or by any other person against an adult or youth victim who is protected from that

person’s acts under the domestic or family violence laws of the jurisdiction.

(6)

The term “sexual assault” includes any non-consensual sexual act proscribed (prohibited)

by Federal, tribal, or State law, including when the victim lacks capacity to consent.

(7)

The term "stalking" means engaging in a course of conduct directed at a specific person

causing a reasonable person to fear for his or her safety or the safety of others or suffer

substantial emotional distress.

(c)

Occupancy Rights of Victims of Domestic Violence, Dating Violence, Sexual Assault or

Stalking

(1)

An incident or incidents of actual or threatened domestic violence, dating violence, sexual

assault or stalking will not be considered a serious or repeated violation of the Lease by the

victim of such violence or threatened violence and will not be good cause for terminating

the tenancy or occupancy rights of the victim of such violence or threatened violence.

HABC may request in writing that the Resident submits documentation to verify a claim

that Resident or member of Resident’s Household is a victim of actual or threatened

domestic violence, dating violence, sexual assault or stalking.

(2)

HABC will accept any one of the following three methods for verification of a claim:

(A)

A completed HUD VAWA Certification Form, which HABC will make available to

Resident upon request; and/or

(B)

A Federal, State, tribal, territorial, local police or other law enforcement or court

record; and/or

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(C)

Documentation signed and attested to by an employee, agent, or volunteer of a victim

service provider, an attorney, a medical professional, or a mental health professional,

from whom the victim has sought assistance in addressing domestic violence, dating

violence, sexual assault or stalking, or the effects of abuse, in which the professional

attests under penalty of perjury to the professional’s belief that the incident or incidents

in question are bona fide incidents of abuse, and the victim of domestic violence,

dating violence, sexual assault or stalking has signed or attested to the documentation.

The victim or Resident must sign the documentation provided.

(3)

Such documentation must be provided to HABC within fourteen (14) working days after

Resident receives a written request for such documentation from HABC. If Resident does

not provide the documentation within fourteen (14) working days after receiving HABC’s

written request, HABC may proceed with terminating the Lease, and eviction for violation

of the Lease that otherwise would constitute good cause to evict or grounds for termination.

HABC will keep all information provided pursuant to this subsection (c) in confidence,

including keeping confidential the location of a new dwelling unit, if one is provided, from

the person(s) that committed the act(s) of domestic violence, dating violence, sexual assault

or stalking against the Resident. HABC may only disclose such information to the extent

that disclosure is (A) requested or consented to by the individual in writing; (B) required for

use in an eviction proceeding under this Section 19; or (C) otherwise required by applicable

law.

(4)

HABC may exercise its authority to evict, remove, terminate occupancy rights, or terminate

assistance to Resident or other lawful occupant of the Dwelling Unit if the Resident or such

other lawful occupant engages in criminal acts of physical violence against household

members or others, without evicting, removing, terminating assistance to, or otherwise

penalizing the victim of such violence, if the victim is the Resident or other lawful occupant

of the Dwelling Unit. Such eviction, removal, termination of occupancy rights, or

termination of assistance shall be done in accordance with Federal, State, and local law and

HUD regulations.

(5)

HABC may, at its sole discretion, bifurcate (divide) the Lease in order to evict, remove or

terminate assistance to Resident or other family member if Resident or a family member

perpetrates such violence against a victims or affiliated individual.

(6)

Nothing in this Section 19:

(A)

Limits any otherwise available authority of HABC to evict Resident for any violation

of the Lease not based on the act or acts of violence at issue against the Resident or a

member of the Resident's household, provided that HABC does not subject an

individual who is or has been a victim of domestic violence, dating violence, sexual

assault or stalking to a more demanding standard than other residents in determining

whether to evict or terminate; or

(B)

Limits, or may be interpreted to limit, the authority of HABC to terminate Resident’s

tenancy if HABC can demonstrate an actual and imminent threat to other residents or

HABC employees and contractors if Resident's tenancy is not terminated; or

(C)

Limits the authority of HABC, when notified, to honor court orders addressing rights

of access to or control of the Dwelling Unit, including civil protection orders issued to

protect the victim and to address the distribution of property among household

members in a case where a family breaks up.

This Lease may be terminated by Resident at any time by giving thirty (30) calendar days advance

written notice to HABC in the manner specified in Section 17(c) above. In addition, Resident is required

by local law to notify HABC at least seventy-two (72) hours before Resident’s actual move-

SECTION 20. TERMINATION OF LEASE BY RESIDENT

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out from the Dwelling Unit, to ensure the unit is safely secured. Failure of Resident to give HABC

advance notice of Resident’s intent to vacate and return all keys to the Dwelling Unit to HABC upon

moving out will result in a continuation of the rent charge and other applicable charges until the date

HABC obtains legal possession of the Dwelling Unit.

Failure of Resident or a family member to comply with the Community Service/Economic Self-

Sufficiency Activities requirement as applicable to the household is grounds for non-renewal of the

Lease and termination of tenancy by HABC at the end of the twelve-month lease term in effect.

Resident may terminate the Lease by giving notice to HABC as provided as in Section 20 above. HABC

may terminate the Lease by providing notice to Resident as follows:

(a)

The notice of lease termination to Resident will state the specific grounds for termination, the date

the termination will take place, the Resident’s right to reply to the termination notice, and the

Resident’s right to examine the HABC documents directly relevant to the termination or eviction.

(b)

When HABC is required to provide Resident the opportunity for a grievance hearing, the notice

of lease termination will inform Resident of Resident's right to file a grievance and request a

hearing in accordance with the Grievance Policy.

(c)

When HABC is not required to provide Resident the opportunity to file a grievance and request a

hearing under the Grievance Policy, the notice of lease termination will:

(1)

State that Resident is not entitled to a grievance hearing on the termination and the reason

for such determination by HABC;

(2)

Specify the judicial eviction procedure to be used by HABC for eviction of Resident, and

state that HUD has determined that this eviction procedure provides the opportunity for a

hearing in court that contains the basic elements of due process as defined in HUD

regulations;

(3)

State whether the eviction is for criminal activity or for drug-related criminal activity. In

the event that HABC intends to rely on a criminal record and/or police report as the basis

for termination of a tenancy, HABC will provide Resident with a copy of the criminal

record and/or police report before a court trial concerning such termination. Resident must

be given an opportunity to dispute the accuracy and relevance of that record in a court trial.

Additionally, HABC will provide Resident with a reasonable opportunity to examine, at

Resident’s request, before a court trial concerning a termination of tenancy, any

documents, including records and regulations, which are in the possession of HABC, and

which are directly relevant to the termination of tenancy. Resident will be allowed to copy

any such document at Resident’s expense.

(d)

HABC shall give written notice of termination of this Lease of:

(1)

Fourteen (14) calendar days which will run concurrently (at the same time) with any State

or local laws, in the case of the failure to pay rent;

(2)

A reasonable period of time considering the seriousness of the situation, of at least

fourteen (14) calendar days but not more than thirty (30) calendar days:

(A)

If the health or safety of other residents, HABC employees or contractors, or

persons residing in the immediate vicinity of the Premises or other HABC-owned or

assisted property is threatened;

SECTION 21. NONRENEWAL OF LEASE BY HABC

SECTION 22. LEASE TERMINATION NOTICE

Resident’s Initials:

3/28/2018

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HOUSING AUTHORITY OF BALTIMORE CITY

Dwelling Lease

(B)

If Resident or a member of Resident’s household has engaged in any drug-related

criminal activity or violent criminal activity;

(C)

If Resident or a member of Resident’s household is convicted of a felony;

(D)

If conduct by Resident, a Household member, guest or any other person who is on

the Premises with the Resident’s consent demonstrates a clear and imminent danger

to HABC’s property; or

(E)

If any of the following occurs:

(i)

If illegal drugs are seized from the Dwelling Unit by any law enforcement

officer;

(ii)

If any fire on the Premises results from the deliberate, reckless or negligent act

of Resident, a member of Resident’s household, a guest, or any other person

under Resident’s control, or from the inaction of such person(s). Examples of

such conduct include but are not limited to: (a) arson; (b) a violation of the

HABC Smoke-Free Policy; (c) a flammable material left within the reach of

children; or (d) leaving an ignited stove or other heat-producing equipment

unattended;

(iii)

If a gun is seized from Resident or Household member by a law enforcement

officer on or off the Premises;

(iv)

If Resident, a member of Resident’s household, a guest, or any other person

under Resident’s control unlawfully, recklessly, or negligently possesses a gun

or other weapon on the Premises;

(v)

If the lease violation is due to the undisclosed or unauthorized occupancy of a

person who is subject to a sex offender registration requirement in the

Dwelling Unit;

(vi)

If Resident refuses or impedes access to the Dwelling Unit to HABC as

provided in the Lease, to perform an inspection, repair or maintenance,

including inspection or treatment for bedbugs, rodents and/or other pests, or

Resident fails to do pre-treatment preparation as required by the Lease; or

(vii)

If Resident violates the HABC Pet Policy.

A thirty (30) day notice of lease termination will be given to Resident in lieu of any shorter period if a

situation or conduct described in this subsection E does not threaten the health or safety of other

residents, HABC employees or contractors, or persons residing in the immediate vicinity of the

Premises.

(3)

Thirty (30) calendar days in all other cases.

(e)

The notice of lease termination will include a Notice of Occupancy Rights under VAWA as

required by HUD regulations.

HABC has established the Grievance Policy to ensure that HABC residents are afforded an opportunity

for a fair hearing if a resident disputes actions or failure to act by HABC involving the Lease. Any

grievance the Resident may have arising from this Lease that is subject to the Grievance Policy will be

resolved in accordance with the Grievance Policy that is in effect at the time such grievance arises. The

Grievance Policy is attached to the Lease as Attachment 3 and is incorporated

SECTION 23. GRIEVANCE POLICY AND PROCEDURE

Resident’s Initials:

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HOUSING AUTHORITY OF BALTIMORE CITY

Dwelling Lease

by reference. A copy of the Grievance Policy is posted in the management office of Resident’s

development.

Any delay or failure by HABC or Resident to enforce immediately any provision of this Lease or

exercise a right or remedy under the Lease does not prevent HABC or Resident from enforcing such

provision of the Lease or exercising such right or remedy at a later time without penalty or waiver.

Resident acknowledges that Resident’s signing of documents relating to Resident’s tenancy with

HABC for any reason, such as a new lease for a transfer, a lease modification or supplement, or

documents necessary for Resident’s Periodic Reviews, or the like, is not a waiver by HABC of any

right to proceed with lease enforcement action for any violation of the Lease that occurred prior to the

signing of such documents.

Resident may, at any time during the tenancy, request a reasonable accommodation to address a

disability of Resident or family member, including a reasonable accommodation to enable Resident to

comply with the lease or other requirements of occupancy, by making such request to the management

office of Resident’s development.

At the time of leasing and at each regular Periodic Review, Resident agrees to identify Resident’s

relative(s) or other individual(s) who: (1) Resident authorizes HABC to contact in the event of an

emergency concerning Resident’s household and Resident is unavailable or unable to act; and (2)

Resident authorizes to take, secure, or remove Resident's belongings if Resident should die or become

physically or mentally unable to comply with the terms of the Lease. Resident may make changes to

Resident’s emergency contacts as necessary between regular Periodic Reviews. Nothing in this Section

is intended as an agreement by HABC that such designated individual(s) is/are entitled to take possession

of the Dwelling Unit upon Resident's disability or death, or to enter into a lease with HABC for the

Dwelling Unit. Nothing in this paragraph is intended to confer on such designated individual the status

of "remaining member of Resident’s family."

HABC in good faith cooperation with RAB (the Resident Advisory Board), may modify this Lease at

any time, by written rider or in the form of a new lease, consistent with governing laws and regulations.

Provided, however, that in the event of a change in any applicable Federal, State or Local law that renders

any provision of this Lease inconsistent with such law, the Lease will be considered modified by such

changed law without need for a written rider and the affected Lease provision shall, upon notice from

HABC, be implemented in accordance with such changed law.

(a)

The following attachments are incorporated into and made a part of this Lease:

Attachment 1: Authorized Household Members Record

Attachment 2: Schedule of Charges for Maintenance and Repairs for Resident-Caused Damage

Attachment 3: HABC Grievance Policy

Attachment 4: Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards

Attachment 5: HABC Pet Policy

Attachment 6: Community Service Policy

Attachment 7: Mold Prevention Notice

SECTION 24. NON-WAIVER

SECTION 25. REASONABLE ACCOMMODATION FOR PERSONS WITH A

DISABILITY

SECTION 26. RESIDENT'S INABILITY TO COMPLY WITH LEASE TERMS

SECTION 27. MODIFICATION / CHANGES IN APPLICABLE LAW

SECTION 28. ATTACHMENTS AND ACKNOWLEDGEMENTS

Resident’s Initials:

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HOUSING AUTHORITY OF BALTIMORE CITY

Dwelling Lease

Attachment 8: Combination Carbon Monoxide / Smoke Alarm Notice

Attachment 9: Lease Addendum for Occupancy of Accessible Units

Attachment 10: Smoke-free Policy Lease Addendum and HABC Smoke-free Policy

Attachment 11: Lease Addendum for Prevention and Extermination of Bed Bugs, Rodents and

Other Pests

(b)

By initialing below, Resident makes the following acknowledgements:

Initials:

[

]

I have read or had read to me the terms of the Lease, and I understand the Lease,

including the provisions regarding drug and criminal activity

[

]

I have received Attachment 1 - Authorized Household Members Record

[

]

I have received Attachment 2 - Schedule of Charges for Maintenance and Repairs for

Resident-Caused Damage

[

]

I have received Attachment 3 - HABC Grievance Policy

[

]

I have received Attachment 4 - Disclosure of Information on Lead-based Paint and

Lead-based Paint Hazards

[

]

I have received Attachment 5 - HABC Pet Policy

[

]

I have received Attachment 6 - Community Service Policy

[

]

I have received Attachment 7 - Mold Prevention Notice

[

]

I have received Attachment 8 - Combination Carbon Monoxide / Smoke Alarm Notice

[

]

I have received Attachment 9 - Lease Addendum for Occupancy of Accessible Units

[

]

I have received Attachment 10 - HABC Smoke-free Lease Addendum with the HABC

Smoke-free Policy attached as Exhibit A

[

]

I have received Attachment 11 - Lease Addendum for Prevention and Extermination of

Bed Bugs, Rodents and Other Pests

IN WITNESS WHEREOF, the parties have executed this Lease on the date written on page 1 above, at

Baltimore, Maryland.

RESIDENT/HEAD(S) OF HOUSEHOLD

By:

Signature of Resident Signature of Resident

(Head of Household) (Co-Head of Household)

Signature of Witness Printed Name of Witness

HOUSING AUTHORITY OF BALTIMORE CITY

By:

Signature of Authorized Official Printed Name of Authorized Official

Signature of Witness Printed Name of Witness

ATTACHMENT 1 TO THE DWELLING LEASE AUTHORIZED

HOUSEHOLD MEMBERS RECORD

Attachment 1 to the Lease – Authorized Household Members Record

Page 1 of 2

3/28/2018

HOUSING AUTHORITY OF BALTIMORE CITY

In accordance with the dwelling lease agreement (the “Lease”) between the Housing Authority of

Baltimore City (“HABC”) as Landlord, and the person(s) who signed below as Resident

(individually and jointly referred to as “Resident”), for the dwelling unit identified in the Lease (the

“Dwelling Unit”). HABC and Resident agree that this Authorized Household Members Record is

incorporated in, and made a part of, the Lease.

PART 1--- [Check Applicable Box]

AT LEASE SIGNING: This Authorized Household Members Record is signed with the Lease and

represents the composition of Resident’s household authorized to reside in the Dwelling Unit

effective as of the date the Lease was signed. The parties have not signed any prior Authorized

Household Members Record.

AMENDMENT - ADDITION OF HOUSEHOLD MEMBER: This Authorized Household Members

Record is signed by the parties to add the person(s) listed below to the Lease as authorized

members of Resident’s household who may reside in the Dwelling Unit. By signing below,

Resident and HABC agree, Resident and HABC agree that the following person(s) are added to

the Lease and authorized to reside in the Dwelling Unit effective:

. The parties further agree that this Authorized Household Members

Record amends and replaces any prior Authorized Household Members Record signed by the

parties.

Name

Date of

Birth

Gender

Relationship

to Resident

SSN

(Last 4 Digits)

AMENDMENT - REMOVAL OF HOUSEHOLD MEMBER: This Authorized Household Members

Record is signed by the parties to remove the person(s) listed below from the Lease. By signing

below, Resident and HABC agree that the following person(s) are removed from the Lease and

are no longer authorized to reside in the Dwelling Unit effective:

. The parties further agree that this Authorized Household Members

Record amends and replaces any prior Authorized Household Members Record signed by the

parties.

Name

Date of

Birth

Gender

Relationship

to Resident

SSN

Last 4 Digits)

ATTACHMENT 1 TO THE DWELLING LEASE AUTHORIZED

HOUSEHOLD MEMBERS RECORD

Attachment 1 to the Lease – Authorized Household Members Record

Page 2 of 2

3/28/2018

PART 2 - APPROVED HOUSEHOLD MEMBERS

By signing below, Resident and HABC agree that as of the date the Lease was signed, or with

the addition or removal of the person(s) identified in Part 1 above, if applicable, the following

persons represent the composition of Resident’s household approved by HABC and authorized

to reside in the Dwelling Unit on the date this document was signed by the parties:

HOUSEHOLD COMPOSITION

Name

Date of

Birth

Gender

Relationship

to Resident

SSN

(Last 4 Digits)

Self

RESIDENT/HEAD OF HOUSEHOLD

Name of Head of Household Signature of Date

Head of Household RESIDENT/CO-HEAD OF HOUSEHOLD

Name of Co-Head of Household Signature of Date

Co-Head of Household HOUSING AUTHORITY OF BALTIMORE CITY

Name and Title of HABC Staff Signature of HABC Staff Date

ATTACHMENT 2 TO THE DWELLING LEASE

NOTICE OF SCHEDULE OF CHARGES FOR

MAINTENANCE AND REPAIRS

HOUSING AUTHORITY OF BALTIMORE CITY

This notification (the “Notice of Schedule of Charges for Maintenance and Repairs”) is

Attachment 2 to the dwelling lease agreement (the “Lease”) between the Housing

Authority of Baltimore City (“HABC”) as Landlord, and the person(s) who signed below as

Resident (individually and jointly referred to as “Resident”), for the dwelling unit identified in

the Lease (the “Dwelling Unit”). In accordance with the terms of the Lease, this Notice of

Schedule of Charges for Maintenance and Repairs is incorporated in, and made a part of,

the Lease.

You (Resident) are required by your Lease to pay reasonable charges for the repair of

damage (other than for ordinary wear and tear) to your Dwelling Unit, development

buildings, facilities, common areas, or Premises caused by you, a member of your

household, a guest or any other person under your control, in accordance with a schedule

of charges established by HABC.

For these purposes, repair of damages also includes but is not limited to: (1) HABC’s

removal of any item placed, affixed or installed by you in any part of your dwelling unit or

on any part of the development or Premises either without the prior written approval of

HABC as required by this Lease, or not consistent with any written approval given to you

by HABC; (2) removing and installing locks due to resident caused acts in violation of the

lease or due to lost or misplaced keys; and (3) other expenses HABC may incur due to

your refusal to allow HABC access to the Dwelling Unit as provided in the Lease.

The cost for repairing such damages will be in accordance with a schedule of charges in

effect at the time of such damage, as posted in the HABC management and maintenance

offices. The schedule of charges, as may be amended by HABC from time to time, is

incorporated in your Lease as Attachment 2. The current schedule of charges in effect is

attached as Exhibit A to this document.

HABC will give you notice of any proposed charge before adding the charge to your

account and asking you to pay the amount. When you receive notice of such proposed

charge, you have a right to file a grievance in accordance with HABC’s Grievance Policy

in effect at the time, if you dispute the charge.

In accordance with the Lease, no charges will be assessed against any resident for

damages, which result in a police complaint, filed by a resident and for which the resident

was not responsible. Nor will charges be assessed for normal wear and tear of the

Dwelling Unit or the Premises.

By signing below, you acknowledge receipt of this Notice of Schedule of Charges for

Maintenance and Repairs and the charges for repairs of any damage for which you will

be held responsible under your Lease.

RESIDENT/HEAD OF HOUSEHOLD RESIDENT/CO-HEAD OF HOUSEHOLD

Signature Date Signature Date

Head of Household Co-Head of Household

3/2018

ATTACHMENT 2 TO THE DWELLING LEASE

NOTICE OF SCHEDULE OF CHARGES FOR MAINTENANCE AND REPAIRS

Resident’s Responsibilities and Acknowledgments

HOUSING AUTHORITY OF BALTIMORE CITY SCHEDULE OF

CHARGES

(Effective December 1, 2009)

Max Force Roach Stations $ 1.10

*Full Entry Lock Replacement- Regular & 504 Locks $ 70.25 (Includes Labor)

(Including Knob/Lever System)

*Full Replacement of Deadbolt Lock System $ 45.25 (Includes Labor)

(Regular and 504 Locks)

*Full Replacement of Privacy Passage Lock System $ 42.75 (Includes Labor)

(Regular and 504 Locks)

*Re-key or Cylinder Change $ 18.13 (Includes Labor)

(Regular and 504 Locks)

Door Keys (set of two) $ 2.50

Mailbox Keys (set of two) $ 2.50

Paint (5-Gallon Bucket) Flat, Latex or Semi- Gloss $ $70-$80

Paint (1-Gallon Bucket), Semi-Gloss Only $ 8.25

Paint Roller (26-6838-5200) $ 3.50

Paint Roller Cover (26-1315-3070) $ 2.25

Paint Tray (26-8942-1900) $ 1.09

Paint Brush 2” Wide (24-3973-4005) $ 3.75

Paint Brush 3” Wide (24-3973-4010) $ 4.50

Sink Plunger 4” (30-2386-3475) Cup Force $ 4.95

Toilet Plunger 6” (30-2386-4022) Cup Force $ 6.50

Outdoor Trash Can and Lid (13-1884-4920) $ 11.95

(Offered only in developments without dumpsters)

Indoor Trash Can and Lid (Plastic step-on) $ 26.10

Window Shades $ 3.00 per shade

*Maintenance Mechanics will repair/replace all locks unless there is additional damage to

the door and/or frame. In that instance a Carpenter will complete the repairs/replacement

to the locks and/or door.

EXHIBIT A

EXHIBIT A (Continued)

HOUSING AUTHORITY OF BALTIMORE CITY

MAINTENANCE/MATERIALS CHARGES

(Effective December 1, 2009)

All maintenance charges are for repairs and services resulting from willful damage or neglect.

There are no maintenance charges due to fair wear and tear. The Housing Authority of Baltimore

City does not impose any penalties or fines on its residents. Charges to the residents imposed for

repair/replacement of goods and materials and labor costs are the actual costs incurred by the

agency. LABOR AND MATERIAL CHARGES ARE SUBJECT TO CHANGE.

LABOR CHARGES:

Carpentry $45.00/Hour

Electrician $64.00/Hour

HVAC/Plumbing $61.00/Hour

Janitorial Services $18.79/Hour

Maintenance Mechanic $24.49/Hour

Mechanical $60.00/Hour

Painter $45.00/Hour

Plasterer $45.00/Hour

HOURLY CHARGES AS FOLLOWS

0 to 15 MINUTES HABC Will Charge for 15 Minutes

16 TO 30 MINUTES HABC Will Charge for 30 Minutes

31 MINUTES TO 45 MINUTES HABC Will Charge for 45 Minutes

46 MINUTES TO 1-HOUR HABC Will Charge for 1 HOUR

TASKS PERFORMED TO ABATE SAFETY HAZARDS: Actual Cost to HABC

The services listed below cannot be requested. If deemed necessary for safety reasons residents

will be given notice and the opportunity to perform the service or services. If the resident fails to

perform the tasks outlined and staff, to abate the safety hazard, performs the service a charge for

labor will be posted to the resident’s account. Please note HABC will cut the grass, free of

charge, for an elderly and/or physically disabled resident upon request.

Clean gas or electric range (appliance to be removed from unit)

Clean refrigerator (appliance to be removed from unit)

Clean resident’s hallway/balcony area

Clean resident’s tile area

Clean resident’s lawn area

Cut resident’s lawn

EXHIBIT A (Continued)

HOUSING AUTHORITY OF BALTIMORE CITY

MAINTENANCE/MATERIALS CHARGES

(Effective December 1, 2009)

For the following list of items repaired or replaced by Maintenance, the Resident will be

charged the actual cost of materials to HABC if repaired or replaced due to abuse or neglect The

prices listed are for guidance purposes and reflect the current rates as of the issuance of this

Schedule of Charges.

KITCHEN

Cabinets (Counter tops and Doors)

Refrigerators ($359 GE Frost-Free or actual cost) Sink

& Fixtures

Miscellaneous (Exhaust fan)

Gas & Electric Ranges: (Prices may vary between Scattered Sites Properties and Conventional

Public Housing)

Scattered Sites:

20” Gas – Actual cost to HABC ($249)

24” Gas – Actual cost to HABC ($279)

30” Gas – Actual cost to HABC ($449)

Conventional Public Housing:

20” Gas – Actual cost to HABC ($256.38)

24” Gas – Actual cost to HABC ($281.61)

30” Gas – Actual cost to HABC ($270.39)

20” Electric – Actual cost to HABC ($260.10) 30”

Electric – Actual cost to HABC ($246.39)

UFAS/504 Stoves

30” Gas – Actual Cost to HABC ($516) 30”

Electric – Actual Cost to HABC ($594)

30” Self-Cleaning – Actual Cost to HABC – ($725)

BATHROOM (Price includes Labor)

Face Basin

$89.00

Medicine Cabinet

$51.00

Medicine Cabinet Clips

$2.00

Sink (Replacement of sink legs)

Soap Tray

$10.00

Toilet Bowl

$104.00

Toilet Seat

$25.00

Toilet Tank Replacement

$80.00

EXHIBIT A (Continued)

HOUSING AUTHORITY OF BALTIMORE CITY

MAINTENANCE/MATERIALS CHARGES

(Effective December 1, 2009)

For the following list of items repaired or replaced by Maintenance, the Resident will be

charged the actual cost of materials to HABC if repaired or replaced due to abuse or neglect The

prices listed are for guidance purposes and reflect the current rates as of the issuance of this

Schedule of Charges.

Toilet Tissue Holder

$7.00

Toothbrush Holder

$7.00

Towel Bar

$18.00

BEDROOM (Price includes Labor)

Closet Pole and Bracket $10.00

FLOOR REPAIRS

Tile, Cement, Laminate or Wood

HARDWARE & CARPENTRY

Door Jambs

Door Knockers

Interior/Exterior Doors

Store Front Windows (balcony doors) Handrail

Handrail Brackets

Mailbox Door Mail

Slot

SMOKE/CO2 DETECTORS

Repair/Replace Detector

REAC INSPECTONS (LABOR CHARGES ONLY)

Cable wires (removal by HABC only after notice to resident) Actual Cost to HABC

Air conditioners (removal by HABC only after notice to resident) Actual Cost to HABC

WINDOWS & WINDOW SCREENS

Actual labor and materials costs to HABC if repair/replacement is caused by resident

abuse/neglect.

CITATIONS/FINES ISSUED BY GOVERNMENTAL ENTITIES

If appropriate, HABC will pay the governmental entity to abate the fine or citation and charge

the resident’s account the amount submitted.

ATTACHMENT 3 TO THE DWELLING LEASE HABC

GRIEVANCE POLICY

3-28-2018

HABC RESIDENT GRIEVANCE POLICY AND PROCEDURES

I. PURPOSE

This grievance policy and procedures (the “Grievance Policy”) is established to ensure that

residents are afforded an opportunity for a fair hearing if the resident disputes any Housing

Authority of Baltimore City (HABC) action or failure to act involving the resident's lease or

HABC actions, which adversely affects the individual resident's welfare, rights, duties or status.

Tenancy shall not terminate until such time as the grievance process has been completed. This

Grievance Policy shall be incorporated by reference into the dwelling lease and made an

attachment to the lease.

This Grievance Policy applies to the privately owned/managed sites that do not have separate

admissions and continued occupancy policies, which include a grievance policy.

II. APPLICABILITY

Maryland law affords residents the opportunity for a court hearing that provides the basic

elements of due process (as defined below) before eviction from the dwelling unit. Therefore,

this Grievance Policy shall be applicable to only the individual grievances defined in Section

III.F below. The following are not subject to this Grievance Policy:

A. Refusal to pay rent when due, unless the amount of rent charged is in dispute;

B. Disputes between residents not involving management;

C. Class grievances;

D. Any criminal activity that threatens the health, safety or the right to peaceful

enjoyment of the premises of other residents or employees of HABC;

E. Any violent or drug related criminal activity on or off the premises;

F. Any criminal activity that resulted in felony conviction of a household

member; or

G. Any lease termination due to the occupancy of a person subject to a sex

offender lifetime registration requirement.

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III. DEFINITIONS

A. Class Grievance: Any grievance in which the decision on an individual

grievance would be, as a practical matter, dispositive of the interests of other

residents.

B. Complainant: Any resident, as defined in paragraph H below, who presents to

the management office a grievance in accordance with the procedures set forth

herein.

C. Drug: A controlled substance as defined in section 102 of the Controlled

Substances Act (21 U.S.C. 802).

D. Drug Related Criminal Activity: The illegal manufacture, sale, distribution, or

use of a drug, or the possession of a drug with intent to manufacture, sell,

distribute or use the drug.

E. Elements of Due Process: An eviction action or termination of tenancy in a

state or local court in which the following procedural safeguards are required:

1. Adequate notice to the resident of the grounds for terminating the

tenancy and for eviction;

2. Right of the resident to be represented by counsel;

3. Opportunity for the resident to refute the evidence presented by HABC,

including the right to confront and cross-examine witnesses and to

present any affirmative legal or equitable defense which the resident

may have;

4. A decision based upon the facts presented at the hearing.

F. Grievance: Any dispute that a resident may have with respect to the

management's (HABC) action or failure to act in accordance with the

individual resident's lease or management procedures, which adversely affects

the individual resident's rights, duties, welfare or status, including any dispute

about the amount of rent that is charged. For the purpose of the lease and the

grievance procedures, the definition of "grievance" does not include the issues

set forth in Sections II.A through II.G above.

G. Premises: The building or complex or development in which a public or

assisted housing dwelling unit is located, including common areas and

grounds.

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H. Resident: The adult person (or persons, other than a live-in aide, as defined in

the lease): (1) who resides in the unit, and who executed the lease with HABC

as lessee of the dwelling unit, or, if no such person now resides in the unit, (2)

who resides in the unit and is identified in the lease as a household member,

and is the remaining head of household of the resident family residing in the

dwelling unit.

I. Reasonable Accommodation: A modification or change in HABC’s rules,

policies, practices or services that will provide the opportunity to participate in

HABC’s programs and services and/or to meet HABC’s essential requirements

of tenancy made for an otherwise eligible individual with a disability.

J. Violent Criminal Activity: Any criminal activity that has as one of its elements

the use, attempted use, or threatened use of physical force substantial enough

to cause, or be reasonably likely to cause, serious bodily injury or property

damage.

IV. INFORMAL SETTLEMENT OF GRIEVANCE

As much as possible should be left to the mutual efforts of management and the resident, with

both parties attempting to resolve all complaints as quickly and justly as possible. However,

the resident may present a grievance for any complaint which cannot be resolved by such

methods, and the following procedure will apply:

A. The resident shall, either orally or in writing, present a description of the

grievance to the management office within ten (10) working days after the

HABC action or failure to act, giving rise to the grievance, so that the grievance

may be discussed informally and settled without a formal hearing. (The form

attached as Exhibit A may be used for this purpose.)

B. The resident shall be given a receipt by management upon presentation of the

grievance, stating the date of filing and the nature of his/her grievance, and a

copy will be retained in the management resident file. (The receipt shall be in

the form attached as Exhibit B.)

C. The asset manager, in concert with the resident, will establish a mutually

agreeable date, time and place for the informal discussion of the grievance.

D. The asset manager shall mail to the resident within five (5) working days after

the meeting, a summary of the informal discussion and his/her decision

regarding the proposed disposition of the complaint and the specific reason

therefor. The summary shall specify the procedures by which a hearing may

be obtained if the resident is not satisfied with the decision. A copy of the form

attached as Exhibit C shall be enclosed with the summary which is to be used

by the resident to request a formal grievance hearing.

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E. The resident may request a formal grievance hearing as described in Section V

below.

V. PROCEDURE TO OBTAIN A HEARING

A. Request for Hearing: If the resident is not satisfied with the results of the

informal discussion of grievance and desires a formal grievance hearing, the

resident must submit a written request for a hearing to the management office,

no later than ten (10) working days after the date resident receives the

Summary of Discussion, pursuant to Section IV above. The written request

shall specify:

1. The reasons for the grievance.

2. The action or relief the resident is requesting.

(The form for this purpose, Exhibit C, may be obtained from the Management Office.)

B. Prerequisite For Obtaining Formal Hearing: All grievances shall be presented

either orally or in writing pursuant to the informal procedures described in

Section IV above as a condition precedent to a hearing. A resident may request

a waiver of this requirement. However, the resident bears the burden of

establishing good cause for failing to comply with the prerequisite condition.

For purposes of this section, good cause includes, but is not limited to: (a) a

verifiable medical condition that prevented the resident from requesting an

informal hearing; (b) a documented absence from the unit which prevented the

resident from receiving a notice of adverse action; (c) a verifiable disability

that prevented the resident from understanding or being aware of the adverse

action that the resident disagrees with; or (d) documentation that management

did not schedule an informal discussion, and such failure was not due to lack

of cooperation by the resident. To request such a waiver, the resident shall

follow the following procedure:

1. The resident shall complete and submit to the management office a

request for a waiver, which shall be in the form attached as Exhibit D.

2. A hearing panel will be convened.

3. The resident shall appear before the hearing panel to show why he or

she failed to proceed in accordance with Section IV above.

4. If the hearing panel decides the resident has shown good cause for his

or her failure to proceed in accordance with Section IV above, the

hearing panel may waive the requirements of Section IV.

3-28-2018

5. The resident will be notified in writing of the decision of the hearing

panel on the resident’s waiver request. If the hearing panel grants such

a waiver, it shall immediately set a date for a hearing on the resident’s

grievance, and the resident will be notified in writing of the hearing date.

Failure to request a hearing shall not constitute a waiver by the resident of his or her right

thereafter to contest management's action in disposing of the complaint in an appropriate

judicial proceeding.

C. Failure to Make a Timely Request for a Hearing: If the resident does not make

a request for a hearing within ten (10) working days after receipt of Summary

of Discussion, management's disposition of the grievance shall become final.

The resident may request a waiver of this ten (10) working days requirement. However, the

resident bears the burden of establishing good cause for failing to proceed in accordance with

this requirement. For purposes of this section, good cause includes, but is not limited to: (a) a

verifiable medical condition that prevented the Resident from proceeding within the ten (10)

working day period; (b) a documented absence from the unit which prevented the resident

from receiving the summary of the informal discussion of grievance; or (c) a verifiable

disability that prevented the resident from understanding or being aware of the summary of

informal discussion of grievance. To request a waiver, the resident shall follow this

procedure:

1. Within thirty (30) calendar days after receipt of Summary of Discussion,

the resident shall submit to the Management Office a request for waiver

of this ten (10) working days requirement.

2. A hearing panel will be convened.

3. The resident shall appear before the hearing panel to show why he or

she failed to proceed within the given ten (10) working days period.

4. If the hearing panel decides the resident has shown good cause for his

or her failure to proceed within the ten (10) working days period, the

hearing panel may waive the ten (10) working days requirement.

5. The resident will be notified in writing of the decision of the hearing

panel on the resident’s waiver request. If the hearing panel grants such

a waiver, it shall immediately set a date for a hearing on the resident’s

grievance, and the resident will be notified in writing of the hearing date.

3-28-2018

Failure to request a hearing shall not constitute a waiver by the resident of his or her right

thereafter to contest management's action in disposing of the complaint in an appropriate

judicial proceeding.

D. Escrow Deposit: In any grievance involving the amount of rent or any part

thereof, as defined in the lease, which management claims is due under the

lease, and which has not been paid, the resident shall pay to management at the

time the resident files his or her request for a formal hearing under Section V.

A above, an amount equal to the amount of rent due and payable as of the first

of the month preceding the month in which the act or failure to act took place.

The resident shall thereafter pay the same amount of the monthly rent to the

management office, and the management office shall deposit the monies in an

escrow account until the complaint is resolved by decision of the hearing panel.

Following this decision, any amount due the resident from the escrow deposits

shall be returned in full to him or her within thirty (30) calendar days. These

requirements for escrow deposit must be waived by management:

1. In the event management determines, upon request by the resident, that

the resident is unable to pay the escrow deposit because of a financial

hardship exemption from the minimum rent requirements in accordance

with the lease, or

2. For the portion of the resident’s rent attributable to the imputed welfare

income.

Unless so waived, the failure to make such payments shall result in a termination of the

grievance procedure, provided that failure to make payment shall not constitute a waiver of any

right the resident may have to contest management's disposition of his or her grievance in an

appropriate judicial proceeding.

E. Scheduling of Hearings: Upon the resident’s compliance with all applicable

procedures or waiver pursuant to Section V above, the asset manager shall,

within five (5) working days, forward the resident’s request for a grievance

hearing to the hearing panel secretary. The secretary will immediately notify

the members of the hearing panel of the resident’s request for a formal hearing

and shall promptly schedule a hearing within forty-five (45) calendar days at a

time mutually convenient for the panel, the resident and management. A

written notification shall be delivered by hand or by regular mail, specifying

the time, the place and the procedures governing the hearing, to the hearing

panel members, the resident and the appropriate management official.

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VI. SELECTION OF HEARING PANEL

A. The grievance shall be presented before a permanent hearing panel consisting

of five (5) voting persons and a secretary who will be provided by

management.

B. The Policy Committee of the Resident Advisory Board (RAB) will select two

(2) permanent panel members; management will select two (2) panel members for each

grievance hearing; and one impartial member will be selected on a rotating basis from a list of

names previously compiled by agreement between management and the Policy Committee of

RAB. No one on the list may be an officer, employee or resident of HABC.

C. The Policy Committee of RAB will select two (2) alternate panel members,

who will serve on the panel if a permanent RAB member cannot be contacted,

is unable to attend the hearing or is unable to serve.

D. No relatives of the resident shall serve on the hearing panel.

E. No person from the resident’s development shall serve on the hearing panel.

F. No person whose duties or responsibilities are involved in any way with the

grievance at issue shall serve on the hearing panel.

G. The term for the permanent hearing panel members and alternates selected by

RAB will be for one year, beginning January 1 of each year. If a permanent

RAB member leaves before the end of his or her term, the position will be filled

by an alternate and a new alternate will be selected. Members may be

reappointed for subsequent terms. The list from which the impartial member

is selected will also be drawn up on an annual basis, effective January 1 of each

year.

VII. PROCEDURES GOVERNING THE HEARING

A. The hearing shall be held before the hearing panel selected pursuant to Section

VI above. The full panel or three members shall constitute a quorum for the

hearing of a grievance if one member chosen by the Policy Committee of RAB,

one member chosen by management, and the impartial member are present.

B. The impartial member shall act as moderator at the hearing. His or her

responsibilities will include coordinating all activities associated with the

hearing, such as calling witnesses and maintaining order, and generally

ensuring that the hearing is conducted in a fair and orderly manner.

3-28-2018

C. The resident shall be afforded a fair hearing providing the basic safeguards of

due process, which shall include:

1. The opportunity to examine before the hearing any HABC documents

and to copy all documents and records that management intends to rely

upon at the hearing. Any document relevant to the hearing that

management does not make available to resident after request by

resident may not be relied on by management at the hearing. The

copying of documents that management intends to use at the hearing

shall be done at the expense of management. All other documents shall

be copied at the expense of the resident.

2. The right to be represented by counsel or another person chosen by the

resident as his or her representative, at the resident’s expense.

3. The right to a private hearing (which includes only panel members, the

resident, the asset manager, the hearing panel secretary, the resident’s

counsel or representative and witnesses) unless the resident requests a

public hearing.

4. The right to present evidence and arguments in support of his or her

complaint, to controvert evidence relied on by management, and to

confront and cross examine all witnesses upon whose testimony or

information management relies.

5. The right to a decision based solely and exclusively upon the facts

presented at the hearing.

6. The hearing panel shall hear each case and judge it on its own merit.

D. Management and resident shall exchange lists of witnesses that each intends to

call upon at the hearing.

E. If the resident or management fails to appear at a scheduled hearing, the hearing

panel may make a determination to postpone the hearing, or may make a

determination that the party has waived the right to a hearing. Both the resident

and management shall be notified of the determination by the hearing panel,

provided that a determination that the resident has waived the right to a hearing

shall not constitute a waiver of any right the resident may have to contest

disposition of the grievance by management in an appropriate judicial

proceeding.

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F. At the hearing, the resident must first make a showing of an entitlement to the

relief sought and thereafter management must sustain the burden of justifying

management's action or failure to act against which the complaint is directed.

G. The hearing shall be conducted informally by the hearing panel, and oral or

documentary evidence pertinent to the facts and issues raised by the complaint

may be received without regard to admissibility under the rules of evidence

applicable to judicial proceedings. The moderator shall require management,

the resident, counsel and other participants or spectators to conduct themselves

in an orderly fashion. Failure to comply with the directions of the moderator

to obtain order may result in exclusion from the proceedings.

H. The resident or management may arrange, in advance and at the expense of the

party making the arrangement, for a transcript of the hearing. Any interested

party may purchase a copy of such transcript.

VIII. DECISION OF THE HEARING PANEL

A. The hearing panel shall prepare a written decision, together with the reasons

therefor, within ten (10) working days after the hearing. A copy of this decision

shall be sent to the resident, the Assistant Chief of Conventional Public

Housing or the Assistant Chief of Private Management, whichever is

applicable, and the appropriate management office. Management shall retain

a copy of the decision in the resident's folder.

B. If the grievance is in reference to monies due to HABC, and the hearing panel

rules in favor of management, a written agreement may be made between the

resident and the appropriate asset manager for payment. The asset manager

shall take into consideration any recommendations made by the hearing panel

as to the amount and the scheduling of payments.

C. The decision of the hearing panel shall be binding on management, which shall

take all action, or refrain from any action, necessary to carry out the decision

unless the HABC Board of Commissioners determines within a reasonable

time (30 calendar days) and promptly notifies the resident of its determination

that:

1. The grievance does not concern management's action or failure to act in

accordance with or involving the resident’s lease or management rules,

which adversely affect the resident’s rights, duties, welfare or status.

3-28-2018

2. The decision of the hearing panel is contrary to applicable federal, state

or local law, the MTW Agreement, or HUD regulations or the

requirements of the Annual Contributions Contract between HUD and

HABC.

D. A decision by the hearing panel or the HABC Board of Commissioners in favor

of management or which denies the relief requested by the resident in whole or

in part shall not constitute a waiver of, nor affect in any manner whatsoever,

any rights the resident may have to a trial or judicial review in any judicial

proceedings, which may thereafter be brought in the matter.

IX. NOTICE TO TERMINATE TENANCY, HEARING PANEL DECISIONS,

NOTICE TO VACATE AND EVICTION ACTIONS

If a resident has requested a hearing in accordance with the procedure under Section V, on a

complaint involving a management notice of termination of the tenancy, and the hearing panel

upholds management's action to terminate the tenancy, management shall not commence an

eviction action in a state or local court until it has served a Notice to Vacate on the resident.

In no event shall a Notice to Vacate be issued prior to the decision of the hearing panel having

been delivered by hand or by regular mail service to the resident. Such Notice to Vacate must

be in writing and specify that if the resident fails to quit the premises within the applicable

statutory period, or by the termination date stated in the notice of termination, whichever is

later, appropriate action for eviction will be brought against him/her and he/she may be required

to pay court costs and attorney's fees.

X. REASONABLE ACCOMMODATIONS

Upon written notification submitted by the resident of a request for a reasonable

accommodation as part of an informal discussion of grievance, or a formal grievance hearing,

HABC will provide reasonable and accessible accommodations for residents with qualified

disabilities and communication that is as effective as that provided to individuals without

disabilities. Moreover, HABC shall take appropriate steps to ensure that communications

with residents with disabilities are as effective as communications with others, which may

include, but not be limited to, enlarged print, a signer (sign language interpreter), audio

communication, Braille, or a reader.

XI. TIME PERIODS

In computing time periods referred to in this procedure, Saturdays, Sundays and federal, state

or HABC legal holidays occurring on weekdays shall not be included in determining working

days.

HOUSING AUTHORITY OF BALTIMORE CITY

RESIDENT GRIEVANCE AND

REQUEST FOR INFORMAL DISCUSSION OF GRIEVANCE

NAME:

ADDRESS:

TELEPHONE NUMBER(S):

HOUSING DEVELOPMENT:

NAME OF ASSET MANAGER (If Known):

BRIEF DESCRIPTION OF GRIEVANCE (Include Dates If Known):

I understand that I can bring documents, witnesses and other persons that I think

will be helpful to me at the informal discussion of my grievance with HABC. I also

understand that I have a right to bring a lawyer or representative to the informal

discussion of my grievance at my own expense.

Resident’s Signature: Date:

Asset Management Staff Name and Signature

Received by:

Signature:

EXHIBIT A

Date:

**** NOTICE ****

If you are a person with a disability and are unable to comply with the contents

of this document, you have the right to ask HABC to make a reasonable

accommodation for you. To make such a request, please contact your Asset

Manager at 443-984-1867 or Maryland Relay at 410-547-9247.

HOUSING AUTHORITY OF BALTIMORE CITY

RECEIPT OF RESIDENT GRIEVANCE AND REQUEST FOR INFORMAL

DISCUSSION OF GRIEVANCE

NAME: ACCOUNT NUMBER:

ADDRESS:

TELEPHONE NUMBER(S):

HOUSING DEVELOPMENT:

NAME OF ASSET MANAGER (If Known):

Acknowledgement

On [Date] at [Time], the undersigned Asset Management

Staff received the attached Resident Grievance and Request for Informal Discussion of

Grievance from, or on behalf of, the above-named person (“Resident”).

Resident will be notified of the date and time of the informal discussion.

Resident may bring documents, witnesses and other persons that Resident thinks will be

helpful to Resident at the informal discussion of Resident’s grievance with HABC.

Resident also has the right to bring a lawyer or representative to the informal discussion of

the grievance at Resident’s own expense.

Signature of Resident (or Representative) Date

Signature of Asset Management Staff Date

Printed Name and Title of Asset Management Staff

EXHIBIT B

**** NOTICE ****

If you are a person with a disability and are unable to comply with the contents

of this document, you have the right to ask HABC to make a reasonable

accommodation for you. To make such a request, please contact your Asset

Manager at 443-984-1867 or Maryland Relay at 410-547-9247.

HOUSING AUTHORITY OF BALTIMORE CITY

REQUEST FOR FORMAL GRIEVANCE HEARING

NAME:

ADDRESS:

TELEPHONE NUMBER(S):

HOUSING DEVELOPMENT:

NAME OF ASSET MANAGER (If Known):

Statement Of Formal Grievance Hearing Request

I have received the summary of the discussion we had on , regarding

my grievance concerning:

Your decision in this matter is not satisfactory, and I therefore request a formal grievance

hearing in accordance the Housing Authority of Baltimore City (HABC) grievance policy

and procedures.

Action Or Relief You Are Requesting

requesting

the

following

action

relief:

I understand that I can bring documents, witnesses and other persons that I think

will be helpful to me at the formal grievance hearing. I also understand that I have a

right to bring a lawyer or representative to the formal grievance hearing at my own

expense.

Resident’s Signature: Date:

Asset Management Staff Name and Signature

Received by:

Signature: Date:

**** NOTICE ****

If you are a person with a disability and are unable to comply with the contents

of this document, you have the right to ask HABC to make a reasonable

accommodation for you. To make such a request, please contact your Asset

Manager at 443-984-1867 or Maryland Relay at 410-547-9247.

EXHIBIT C

HOUSING AUTHORITY OF BALTIMORE CITY

INSTRUCTIONS FOR REQUEST OF GRIEVANCE WAIVER HEARING

It is the Resident’s responsibility to demonstrate good cause as to why the Resident did not

comply with the required procedures set forth in the Housing Authority of Baltimore City

(HABC) Grievance Policy for obtaining a formal grievance hearing.

Good cause for why the required informal discussion of grievance was not conducted,

includes, but is not limited to:

1) A verifiable medical condition that prevented the Resident from requesting an

informal hearing;

2) A documented absence from the unit which prevented the Resident from

receiving a notice of adverse action;

3) A disability that prevented the Resident from understanding or being aware of

the adverse action that Resident disagrees with;

4) Documentation that the Asset Manager did not schedule an informal

discussion, and such failure was not due to lack of cooperation by the

Resident.

Good cause for why the Resident did not request a formal grievance hearing within ten

(10) working days after the summary of the informal discussion of grievance as required

includes, but is not limited to:

1) A verifiable medical condition that prevented the Resident from requesting a

formal hearing within the ten (10) working days after receiving the Summary

of the Informal Discussion of Grievance.

2) A documented absence from the unit which prevented the Resident from

receiving the summary of the informal discussion of grievance; or

3) A verifiable disability that prevented the Resident from understanding or being

aware of the summary of informal discussion of grievance.

You may bring documents, witnesses and other persons that you think will be helpful

to you at any hearing or discussion with you to consider your Request for Grievance

Waiver Hearing, and to a formal hearing on your grievance if your request for waiver

is granted. You further have the right to bring a lawyer or representative to such

hearing or discussion at your own expense.

Resident’s Signature: Date:

Asset Management Staff Name and Signature

Received by:

Signature: Date:

Page -1- of -2-

EXHIBIT D

**** NOTICE ****

If you are a person with a disability and are unable to comply with the contents

of this document, you have the right to ask HABC to make a reasonable

accommodation for you. To make such a request, please contact your Asset

Manager at 443-984-1867 or Maryland Relay at 410-547-9247.

HOUSING AUTHORITY OF BALTIMORE CITY

REQUEST FOR GRIEVANCE WAIVER HEARING NAME:

ADDRESS:

TELEPHONE NUMBER(S):

HOUSING DEVELOPMENT:

NAME OF ASSET MANAGER (If Known):

Request for Grievance Waiver Hearing Request And Verification

I am requesting a grievance waiver hearing for the following reason(s):

I have attached the following documents to verify the information I have provided above:

Statement Of Formal Grievance Hearing Request

I am requesting a formal grievance hearing on my grievance of the following action or

failure to act by Management:

Action Or Relief You Are Requesting

I am requesting the following action or relief:

Resident’s Signature: Date:

Asset Management Staff Name and Signature

Received by:

Signature: Date:

Page -2- of -2-

**** NOTICE ****

Review Page 1 above for a notification of your rights and responsibilities

regarding your Request for Grievance Waiver Hearing.

EXHIBIT D Continued

ATTACHMENT 4 TO THE DWELLING LEASE

DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT

AND/OR LEAD-BASED PAINT HAZARDS

Revised 11/2017

HOUSING AUTHORITY OF BALTIMORE CITY (HABC)

DISCLOSURE OF INFORMATION ON LEAD-BASED AND/OR LEAD BASED

PAINT HAZARDS

Lead Warning Statement

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose

health hazards if not managed properly. Lead exposure is especially harmful to young children and

pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-

based paint and/or lead-based paint hazards in the dwelling. Residents must also receive a federally

approved pamphlet on lead poisoning prevention.

HABC’s (Landlord) Disclosure

(a) Presence of lead-based paint and/or lead-based paint hazards:

(i) Known lead-based paint and/or lead-based paint hazards are present in the housing

(explain).

(ii) Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the

housing.

(b) Records and reports available to the Landlord:

(i) Landlord has provided the Resident with all available records and reports pertaining

to lead-based paint and/or lead-based paint hazards in the housing (list documents

below).

(ii) Landlord has no reports or records pertaining to lead-based paint and/or lead- based

paint hazards in the housing.

Resident’s Acknowledgment (initial)

(d) Resident has received the pamphlet Protect Your Family from Lead in Your Home.

(e) Resident has received the Maryland Department of Environment’s Notice of Tenant’s

Rights.

Agent’s Acknowledgment (initial)

(f) Agent has informed the lessor of the lessor’s obligations under 42 U.S.C. 4852(d) and is

[Insert Development Name]

Revised 11/2017

aware of his/her responsibility to ensure compliance.

Certification of Accuracy

The following parties have reviewed the information above and certify to the best of their knowledge, that

the information they have provided is true and accurate.

Landlord (By Asset Manager) Date

Resident (Head of Household) Date

Resident (Co-Head of Household) Date

)

010

HOUSING AUTHORITY OF BALTIMORE CITY PET POLICY FOR FAMILY

DEVELOPMENTS

INTRODUCTION

This Pet Policy for Family Developments (“Pet Policy”) sets forth the requirements of the Housing Authority of

Baltimore City (“HABC”) in permitting ownership of certain pets by residents (“Residents”) of public housing

family developments. Residents must submit an application for a Pet, and if approved, must pay the pet security

deposit as provided in this Pet Policy before maintaining a pet in their dwelling unit or the Premises (as the term

Premises is defined below).

APPLICABILITY

The Pet Policy applies to all Residents, household members, guests and any other person under the Resident’s

control, of public housing family developments. The Pet Policy, as it may be amended by HABC, shall be

incorporated into and made a part of the Resident’s lease, as an attachment to the lease.

Exclusion From Applicability. This Pet Policy does not apply to animals that assist, support, or provide service

to persons with disabilities. HABC shall not apply nor enforce this Pet Policy against animals that are necessary

as a reasonable accommodation to assist, support, or provide service to persons with disabilities. This exclusion

applies to such animals that reside in public housing, as such term is defined herein, and such animals that visit

public housing developments.

ATTACHMENT 5 TO THE DWELLING LEASE

HABC PET POLICY

Revised 11/2017

SECTION I. DEFINITIONS.

1. The term “Management” means HABC Housing Operations or its designee, which is the

Asset Manager of Resident’s development and his/her designee.

2. (a)

The term “Pet” is defined as a domesticated small animal limited to dogs, cats, gerbils,

hamsters, guinea pigs, small birds such as parakeets, canaries, finches, cockatoos, and parrots,

and fish, lizards and amphibians within the size and weight limitations established in this

Policy.

(b)

The following animals are excluded from the definition of Pet and are expressly

prohibited from being kept, owned or harbored in, on or about the Dwelling Unit or

Premises (as the term Premises is defined below) by any Resident or any member of the

Resident’s household, guest, or any other person under the Resident’s control:

(i)

Wolves and part wolves, and dogs that are known to exceed thirty-five (35)

pounds at maturity, including, but not limited to, Afghan Hounds, Great

Danes, Collies, Retrievers (Golden, Labrador), Pointers, Irish Setters,

Dalmatians, Boxers, Doberman Pinschers, German Shepherds, Rottweilers,

Pit Bulls, Bull Terriers, Giant Schnauzers, and Siberian Huskies;

(ii)

Any animal maintained or utilized for breeding, fighting, or sale, or as a

guard dog; and

(iii)

Any animal prohibited under any applicable Federal, state or local law from

being kept in a residence.

Revised 11/2017

(c)

The term “Pet” is categorized as follows:

(i)

“Smaller Pet” means Pets that must be kept in a cage or tank at all times, such

as gerbils, hamsters, guinea pigs, birds, lizards, amphibians and fish within

the size and weight limitations established in this Policy.

(ii)

“Larger Pet” means dogs and cats, within the size and weight limitations

established in this Policy.

3. The term “Premises” means the building, complex or development in which the Resident’s

Dwelling Unit is located. Any conduct prohibited on the Premises under the Pet Policy is

prohibited on or in any other HABC-owned or assisted property.

4. The term “public housing” is defined as housing assisted under the Housing Act of 1937,

other than Housing Choice Voucher Program (“Section 8”). Public housing includes dwelling

units in a mixed finance development that are assisted by HABC with capital or operating

assistance, but does not include public housing developments for the elderly or persons with

disabilities.

SECTION II. REQUIREMENTS

1. Number Limitations - No more than: (a) one Larger Pet (dog or cat), and/or (b) one cage

holding no more than two Smaller Pets, or one 20-gallon fish tank may be kept in a Dwelling

Unit. Heads of household shall be responsible for each and every Pet. The Resident must

maintain the Pet responsibly and in accordance with applicable state and local public health,

animal control, and animal anti-cruelty laws and regulations.

2. Size of Pet - Dogs or cats (Larger Pets) shall weigh no more than thirty-five (35) pounds at

maturity. Fish, amphibians and lizards must be housed humanely within a single bowl or steel

framed glass fish tank having a capacity of not more than twenty (20) gallons. Birds can be no

larger than one (1) pound. Other Smaller Pets such as gerbils, hamsters and guinea pigs must

be no larger than two (2) pounds.

3. Resident’s Capacity to Care for Pets - A Pet owner must be physically and mentally capable

of taking care of the Pet. Further, Pet owners must be able to provide food and medical care

for their Pets.

4. Pet Security Deposit - A refundable Pet security deposit of fifty dollars ($50.00) shall be

required for Larger Pets. The Pet security deposit may be paid over a consecutive three (3)

month period, and will be held by HABC in the manner required for applicable security

deposits under Maryland law.

Upon move-out or Pet removal the cost to de-flea, deodorize, and clean the carpet and/or floor tile will be deducted

from the Pet security deposit if deemed necessary by Management. The Dwelling Unit will be inspected and the

remainder of the Pet security deposit, if any, will be refunded as required by law, if the Dwelling Unit is free of

damage. The move-out inspection will be performed by the Resident and Management.

The Pet security deposit may only be applied to damages caused by the Pet or to HABC’s cost to remove the Pet

if the Resident vacates his or her unit without removing the Pet.

Revised 11/2017

5. Hold Harmless - A Pet is the sole responsibility of the Resident. HABC, its employees,

contractors, agents and staff are in no way responsible for any actions, injuries, claims or

damages caused by the Resident’s Pet.

6. Vaccinations – Every Pet, if required by law, must wear a current City Animal license and

be vaccinated. Resident must submit the pet license to the Management Office together with

his or her application for Pet registration. A copy of the Pet’s (dog or cat) current inoculation

and treatment is to be furnished and verified annually by a licensed veterinarian which must

indicate dates of most recent shots and treatment against disease and parasites as follows:

(a)

Dogs – rabies, parvo-virus, para-influenza, distemper, hepatitis, leptospirosis

(D.H.L.), hookworm, heartworm, roundworm, tapeworm, and other internal and

external parasites, fleas, ticks and other diseases of the skin including eczemas.

(b)

Cats – rabies, rhinotracheitis, calici virus, pnemonitis, tapeworms, hookworms,

heartworms, and other internal and external parasites, fleas, lice, and ticks.