Resident Selection Plan

Property: XYZ Apartments Page | 21

Resident Selection Plan
XYZ Property
A HUD 202 PRAC community
Contract Number: XXXXXXXX
Project Id: XXXXXXXX
XYZ Management
1/28/11

Table of Contents

1. Introduction 3

2. Non-Discrimination 3

3. Eligibility for Rental Assistance 3

3.1.1. Eligibility for Rental Assistance 3

3.1.2. Current Income Limits 3

3.1.3. Income and Asset Reporting Requirement 4

3.1.4. Student Status Reporting Requirement 4

3.1.5. Social Security Number Requirement 4

4. Enterprise Income Verification System (EIV) 4

4.1.1. Existing Tenant Search 4

4.1.2. EIV Use at Recertification 5

4.1.3. HUD 9887 and 9887A Privacy Act 5

4.1.4. No Income Report 5

4.1.5. New Hires Report 5

4.1.6. Multiple Subsidy Report 6

4.1.7. Identity Verification Report 7

4.1.8. Failed EIV Pre-Screening Report 7

4.1.9. Failed Verification Report (Failed the SSA Identity Test) 7

4.1.10. Deceased Tenants Report 8

5. Income Limits 9

6. Project Specific Requirements 9

7. Limited English Proficiency 9

8. Policies to Comply with Section 504 of Rehabilitation Act of 1973 9

9. Eligibility of Single Persons 10

10. Student Eligibility 10

11. Application Requirements 10

12. Notification of Changes to Resident Selection Plan 10

13. Changes in Information for Applicants 11

14. Determining Unit Size at Move In 11

15. Over-Crowded or Underutilized Units 11

16. Unit Transfer Policy 12

17. Preferences 12

18. Processing Steps 13

19. Screening Criteria 13

20. References, Criminal, and Credit History 15

21. Rejecting Applicants 16

22. Household Occupancy Standards 18

23. Determining Security Deposit Amounts 18

24. Opening and Closing Waitlist 18

25. Definitions 19

1.  Introduction

This policy is to be used for the community listed above, herein referred to as “The Community”. The procedures used for selection of residents shall be implemented in compliance with the Department of Housing and Urban Development (HUD) Handbook 4350.3, Rev-1, Chg-3 as amended, and all other applicable federal statutes and regulations, including the following guides:

a.  The Federal Register

b.  Federal Fair Housing Laws

c.  State of ______ Fair Housing Laws

d.  HUD 4350.3 Rev-1, Chg-3 Owner’s Handbook

e.  The Federal Fair Credit Reporting Act and other state and local credit reporting laws

2.  Non-Discrimination

The management agent shall comply with all federal, state and local fair housing and civil rights laws and with all equal opportunity requirements as required by law, including without limitation HUD administrative procedures. Federal laws forbid discrimination based on race, color, creed, religion, sex, age, handicap, familial status, or national origin. Discrimination against a particular social or economic class is also prohibited (for example: welfare recipients; single parent households, etc.) Additional state laws if applicable These requirements apply to all aspects of tenant relations including without limitation: accepting and processing applications, selecting residents from among eligible Applicants on the waiting list, assigning units, certifying and re-certifying eligibility for assistance and terminating tenancies.

3.  Eligibility for Rental Assistance

Applicants seeking rental assistance in subsidized rental developments must meet the following eligibility factors:

3.1.1.  Eligibility for Rental Assistance

Elderly/Disabled Apartment Community - Households must meet eligibility criteria for the specific apartment community; this community restricts occupancy to:

i.  Elderly Households of two or more persons with at least one person who is 62 years of age or older;

ii. A Single Person who is 62 years of age or older

3.1.2.  Current Income Limits

The household’s annual income may not exceed the applicable Income Limit for the community, which is determined to be the 50% Area Median Income level (Very low Income),

·  The Applicant agrees to pay the portion of rent required by the subsidy program under which the Applicant will be admitted.

·  The unit must be the Family’s only residence.

·  At the time of admission, the Applicant may not be receiving Section 8 assistance on another housing unit.

3.1.3.  Income and Asset Reporting Requirement

Each household member must provide consent for verification of all sources of income or other information relative to occupancy in the community.

3.1.4.  Student Status Reporting Requirement

Each household member must provide verifiable information regarding their status as a student

3.1.5.  Social Security Number Requirement

·  Each member of the household must provide a valid social security card or evidence of application for the card. Applicants 62 years of age or older on January 31, 2010 and previous participants of HUD assisted housing on or before January 31, 2010, are exempt from disclosure of a social security card as described above. If the applicant meets the exception requirements for SSN disclosure and verification, documentation will be requested from the property where the initial determination of eligibility was determined. This information will be retained in the applicant’s file.

·  Applicants must disclose Social Security numbers (SSNs) for all family members. Documentation must be provided, such as the original Social Security card. If no SSN has been assigned, the applicant must complete a certification that no SSN has been assigned. Note: If it has been determined that the applicant is otherwise eligible for admission into the property, and the only outstanding verification is that of the SSN, the applicant may retain his or her place on the waiting list for a period of 90-days during which the applicant is trying to obtain documentation of SSN. Applicants should be aware that available units will offered to the other eligible households during this period of time; units will not be “held” for applicants while they await their documentation. After 90-days, if the applicant is unable to disclose the SSNs of all non-exempt household members, the applicant will be determined ineligible and removed from the waiting list.

4.  Enterprise Income Verification System (EIV)

As of January 2010, HUD has made the use of the Enterprise Income Verification (EIV) mandatory for all HUD assisted properties. This system is an online system that can used to compare the income and person information provided by residents to information provided to several databases (including the National Directory of New Hires and Social Security). This information will be used to determine if there are any instances of fraud, misreported or under-reported income. Applicants and Residents will be given a copy of HUD’s EIV and You Brochure at each certification, which will provide further detail on the uses and purposes of the EIV system.

4.1.1.  Existing Tenant Search

EIV will be accessed at admissions to determine if an applicant is currently receiving assistance at another HUD project. This process in the Enterprise Income Verification System is done by using an “Existing Tenant Search” in the EIV system. If an applicant or any member of the applicant’s household is receiving assistance at a Multifamily Housing or Public and Indian Housing location, it will be discussed with the applicant, giving them the opportunity to explain the circumstances. The applicant is permitted to apply but is prohibited from receiving subsidy from two locations. Management would then follow up with the PHA or Management to confirm the applicant’s program participation, if necessary, depending on the outcome of the discussion with the applicant.

4.1.2.  EIV Use at Recertification

EIV Use At Recertification - EIV will be accessed at annual recertification for all residents to determine if the income reported matches the information stored in the EIV system. If there are discrepancies in EIV compared to the information reported by the resident, Management will independently verify the information to determine if there is an error in reporting, including under-reported or non-reported income. If it is found that the resident misreported income or under-reported income, the resident may be asked to repay the difference in rent that occurred due to the misrepresentation or under-reporting.

4.1.3.  HUD 9887 and 9887A Privacy Act

Residents of HUD assisted housing must sign form HUD 9887, Notice and Consent for Release of Information and 9887-A, Applicant’s/Tenant’s Consent to the release of information. All residents will consent to management obtaining information to verify employment and/or income for determining eligibility. Management accesses the Enterprise Income Verification system (EIV). EIV is a web-based computer system containing employment and income information on individuals participating in HUD’s rental assistance programs.

4.1.4.  No Income Report

This report is a tool for Management to indentify households who have passed the identity test (e.g. the household’s SSN and DOB matched other records in the SSA NDHA databases), but no employment or SSA/SSDI records were received again the information from NDHA and SSA. Whenever available, this report will be reviewed by Management to determine if further actions are required.

4.1.5.  New Hires Report

This report identifies households who have started new jobs within the last six months; the information on these reports is updated monthly. Management will run this report quarterly to determine if any tenants have started new employment in the last quarter and did not report the change to Management.

Because tenants participating in one of Multifamily Housing’s rental assistance programs are required to report changes in income when the household’s income cumulatively increases by $200 or more per month, Management will reach out to tenants to report the income changes so that rent adjustments can be made in a timely manner, thus eliminating/reducing the amount of retroactive rent repayments. (See Handbook 4350.3 REV-1, Chapter 7, Paragraph 7-12.B.)

The following steps will be taken to verify new employment of any household identified in the New Hires report:

v  Contact the tenant regarding his/her new employment.

v  Confirm with the tenant that they have a new job and that the employment information in EIV is correct. If the tenant agrees that the employment information in EIV is correct, request the tenant provide documents, e.g., four current, consecutive pay stubs, employment confirmation letter specifying date of hire, rate of pay, number of hours worked each week, pay frequency, for use in determining the tenant’s income or, if necessary, request third party verification from the employer.

v  If the tenant disputes the employment information in EIV, Management will obtain third party verification from the employer.

v  Management will process a recertification in accordance with program requirements that includes the employment income.

v  Retain the New Hires Summary Report in a master “New Hires Report” files along with notations as to the outcome of the contact with the tenant. A copy of the New Hires Detail Report for the tenant along with any correspondence with the tenant, third party verifications, etc. must be retained in the tenant file.

4.1.6.  Multiple Subsidy Report

This report identifies individuals who may be receiving multiple rental subsidies. Management will perform the following:

1.  Use the Multiple Subsidy Report at least quarterly to identify any tenants who are being assisted at another location. Management will follow up with tenants identified on the report where the discrepancy was not identified and resolved at the time of recertification.

2.  Perform both of the search options shown below to determine if possible multiple subsidies exist:

v  Search within MF

v  Search within PIH

3.  Discuss with the tenant if the results of either of the searches shows that a tenant is being assisted at another location. The tenant must be given the opportunity to explain any circumstances relative to his/her being assisted at another location.

4.  Management will follow up with the respective Housing Authority or Owner/Agent, if necessary, to confirm that the tenant is being assisted at the other location. Depending on the results of this investigation, management may need to take action to terminate the tenant’s assistance or tenancy.

5.  Management will print out and retain a copy of the Multiple Subsidy Summary Report in a master “Multiple Subsidy Report” files along with notations as to the outcome of contacts with the tenant and/or PHA or owner. A copy of the Multiple Subsidy Detail Report for the tenant plus any documentation supporting any contacts made or information obtained to determine if a household and/or household member is receiving multiple subsidies as well as documentation to support any action taken if a household and/or a household member is receiving multiple subsidies must be retained in the tenant file.

4.1.7.  Identity Verification Report

There are two reports that can be accessed from the Identity Verification Report link. Management will use both of these reports monthly to clear up any invalid, discrepant or missing information in the TRACS database that was not identified and corrected at the time of recertification. There will not be any employment or income information in EIV for tenants who fail either the EIV pre-screening or SSA identity test so it is essential that any discrepancies are corrected within 30 days from the date of the reports. O/As must conduct third party verifications to obtain employment and income data for these tenants.

4.1.8.  Failed EIV Pre-Screening Report

This report identifies tenants who fail the EIV pre-screening test because of invalid or missing personal identifiers (SSN, last name or DOB). The tenants on this list will not be sent to SSA from EIV for the SSA identity match until the personal identifier information is corrected in TRACS. O/As must:

(a)  Use this report monthly to identify tenants that did not pass the pre-screening test and the reason(s) they did not pass so that the errors can be corrected. O/As must follow up with tenants identified on the report where discrepant personal identifiers were not corrected at the time of recertification.

(b)  Before contacting the tenant, confirm accuracy of data entry in TRACS, the HUD electronic system used to store tenant data.

(c)  Confirm with the affected tenant their SSN, DOB and/or last name.

(d)  Obtain documentation from the tenant to verify any discrepant personal identifiers.

(e)  Correct any discrepant information in the TRACS system.

(f)  Print and retain a copy of the report in a master “Failed EIV Pre-screening Report” files. The report must be documented with action taken to resolve invalid or discrepant personal identifiers.

Exempt from SSN disclosure and verification requirements:

v  Tenants who were 62 years of age or older as of January 31, 2010, and whose initial determination of eligibility was begun before January 31, 2010; and

v  Individuals who do not contend eligible immigration status.