TRIANGLE ASSOCIATES INC.
ADMISSION, TRANSFER, AND CONTINUING OCCUPANCY POLICY
MT ZION APARTMENTS
3655 Boulevard Pl.
Indianapolis, IN46208
317-923-1523
Effective Date: 05/02/02
Past Revisions: 08/21/04, 11/19/04, 01/27/05, 10/20/06, 2/8/07, 3/15/07, 10/07, 12/08, 3/09, 9/09, 5/10, 6/10, 2/11
Revised: 3/2011
Table of Contents
ADMISSION, TRANSFER, AND CONTINUING OCCUPANCY POLICY
DESCRIPTION OF PROPERTY
ELIGIBILITY
ELIGIBLE HOUSEHOLD CHARACTERISTICS
DEFINITIONS RELATING TO ELIGIBLE HOUSEHOLD CHARACTERISTICS:
PROPERTY STANDARDS FOR OCCUPANCY:
INCOME LIMITATIONS
MINIMUM RENT
INELIGIBLE APPLICANTS
ADDITIONAL SELECTION CRITERIA
FAIR HOUSING AND EQUAL OPPORTUNITY REQUIREMENTS
PRIORITIES FOR ADMISSION AND TRANSFER
MOVE-INS:
UNIT TRANSFERS:
ASSIGNMENT OF SECTION 8 ASSISTANCE
UNITS DESIGNED SPECIFICALLY FOR HANDICAPPED PERSONS
SECTION 504 FAIR HOUSING ACT AND CIVIL RIGHTS ACT
Section 504:
Fair Housing Act:
CIVIL RIGHTS RELATED PROGRAM REQUIREMENTS
Limited English Proficiency (LEP)
Mitigating Circumstances
THE VIOLENCE AGAINST WOMEN AND DEPARTMENT OF JUSTICE REAUTHORIZATION ACT OF 2005
CITIZENSHIP REQUIREMENTS
ACCEPTABLE DEPARTMENT OF HOMELAND SECURITY DOCUMENTATION
Reviewing and Verification of a Household’s Citizenship/Immigration Status
Secondary verification
Notification to Applicants
Mixed Households
Appealing Determinations of Ineligibility
Prohibition Against Delay of Assistance
SOCIAL SECURITY REQUIREMENTS
STUDENT ELIGIBILITY
EXEMPTION FOR STUDENT WITH DISABILITIES
APPLICATIONS, WAITING LIST, AND CERTIFICATION PROCEDURES
TAKING APPLICATIONS:
REVIEWING THE APPLICATION TO DETERMINE TENTATIVE ELIGIBILITY AND UNIT SIZE NEEDED
RECONFIRMATION OF INTEREST AND MAINTENANCE OF THE WAITING LISTS
INTERVIEWING THE APPLICANT
VERIFYING INFORMATION
EIV
DETERMINING ELIGIBILITY
NOTIFYING THE APPLICANT OF REJECTION
NOTIFYING THE APPLICANT OF APPROVAL AND UNIT ASSIGNMENT
GENERAL APPLICATION INFORMATION
CLOSING THE WAITING LIST
REOPENING A WAITING LIST
ADDITIONAL CONTINUING OCCUPANCY REQUIREMENTS
M:\WORD\MT. ZION APTS\Admin Pol Current\ADMITPOL 3-2011 Mt Zion w toc [f] Site Copy.doc
221(d) (3) MIR/8
MT ZIONAPARTMENTS
3655 Boulevard Pl.
Indianapolis, IN46208
317-923-1523
ADMISSION, TRANSFER, AND CONTINUING OCCUPANCY POLICY
Revised: 3/2011
DESCRIPTION OF PROPERTY
Mt Zionis a Section 221(d) (3) MIR property for the elderly with a 100% Set-Aside Section 8 Contract (Post-81 Universe) for its 4 efficiency and 57 one bedroomrental units. Mt Zion’s 61 units are available to eligible elderlyhouseholds in, which the head or spouse is either 62 or older. Mt Zionconsists of onethree-story elevator buildings and does not offer health care or medical services, food services, or house keeping services.
ELIGIBILITY
To be eligible for admission and for continuing occupancy, applicants must meet the eligibility requirements of the Department of Housing and Urban Development (HUD) for this type property AND the Mt Zionselection criteria.
The household may be eligible for assistance ONLY IF:
- The household meets the economic criteria established for the subsidy program, and the household's annual income does not exceed the Very Low (50%) income limit.The income limits are published by HUD each year and available online at
- The owner and member comply with HUD's unit size standards.
3.The applicant agrees to pay the monthly rent required for the subsidy program.
4.The unit will be the household's only residence.
5.At the time of admission, the applicant is not receiving assistance on any other unit.
ELIGIBLE HOUSEHOLD CHARACTERISTICS
Admission to this property is expressly limited to eligible households consisting of
a household whose head, spouse, or sole member is an elderly person. It may include two or more elderly persons OR one or more of these persons living with one or more live-in aides/attendants who are essential to their care or well-being.
DEFINITIONS RELATING TO ELIGIBLE HOUSEHOLD CHARACTERISTICS:
Admission to this property is expressly limited to eligible households consisting of:
(a).A single person who is elderly (62 years of age or older).
(b). A family of two or more persons the head or spouse of which is elderly.
Note:
The surviving adult member of a family who was living in the unit and assisted under the Section 8 program with the deceased member of the family are at the time of his or her death(and who was not a live-in aide/attendant) is eligible for continuing occupancy.
LIVE-IN AIDE/ATTENDANT: A person who lives with an elderly or physically elderly disabled individual and is essential to that individual's care and well-being, is not obligated for the individual's support, and would not be living in the unit except to provide the support services. While a relative may be considered to be a live-in aide/attendant, this definition must be met, especially the last part of it. The Live-in Attendant has no rights of occupancy under the lease and must vacate the apartment if required by management.
PROPERTY STANDARDS FOR OCCUPANCY:
A minimum of one person and a maximum of two persons per bedroom are considered to be a reasonable standard.
BedroomMinimumMaximum
0 1 2
1 1 2
This standard also ensures that residents are treated fairly and consistently in order to receive adequate housing space. The property will not make social judgments on a family’s sleeping arrangement.
Waiting List:
Qualified Applicants will be placed on the waiting list in chronological order by date received. The applicant will be placed on the appropriate size waiting list as requested on the application.
Applicants who choose to be on the waiting list for more than one type unit for which they qualify should be aware that:
A.Refusal of an offered unit of type applied for will cause the application to be canceled UNLESS the applicant still has his/her one "pass" privilege and wishes to use it to remain on the waiting list for the other unit type.
- Acceptance of an offered unit for move-in will cause the applicant's name to be removed from any other type unit's waiting list.
Assigning Units Larger Than Required
Management will consider assigning a family to a larger unit than the standards listed above if no eligible family in need of the larger unit is available to move into the unit within 60 days, the property has the proper size unit for the family but it is not currently available, and the family agrees in writing to move at its own expense when a proper size unit becomes available. A larger unit may be assigned if a reasonable accommodation request is made for the storage of medical equipment.
Families with Children
The Fair Housing Act prohibits properties receiving Federal assistance from discriminating on the basis of familial status, defined by Congress as children under the age of 18, making it illegal to discriminate against families because of the presence of children. The property will neither exclude families with children, nor will they develop policies or procedures that have the purpose or effect of prohibiting children. The property will not exclude eligible elderly families because of the presence of children, or because of the anticipated presence of children.
Counting Family Members
In order to determine the size of unit that would be appropriate for a particular family, the property will count all full-time members of the family including live-in aides and foster persons who will reside in the unit. In addition, the property will count all anticipated persons including the following:
Children expected to be born to a pregnant woman;
Children in the process of being adopted by an adult family member;
Children whose custody is being obtained by an adult family member;
Children who are temporarily in a foster home who will return to the family;
Children in joint custody arrangements who are present in the household 50% or more of the time, but see below;
Children who are away at school and who live at home during recesses, but see below;
Children that are temporarily in a correctional facility/detention center who will return to the family.
Anticipated Children Due to Adoption, Pregnancy, or Foster Child
Anticipated children that are not currently living in the unit will be taken into consideration when determining unit size, and in some cases when determining income limits. The rules as laid out in Chapter 3 of HUD Handbook 4350.3 REV-1 are as follows:
Family Addition Adoption: Counts for income limits and unit size.
Family Addition Pregnancy: Counts for income limits and unit size.
Family Addition Foster Child: Counts for unit size.
When these anticipated children become a reality and move into the unit, an interim recertification is required including the child as a family member if the addition is due to adoption or pregnancy or as a household member if the addition is due to a foster child.
Joint Custody Agreements
Children in joint custody agreements whose parents both live in assisted housing, may receive a dependent deduction in only one of the assisted units at any given time. The determination of which parent will receive the deduction will remain with the parents. All families with single parents will be asked on their move-in and annual/interim recertification checklists or questionnaires if they are in a joint custody agreement, and if so, does the other parent live in assisted housing. If there is a joint custody agreement and both parents live in assisted housing, a declaration must be made by each parent at each certification which parent will receive the dependent deduction.
Children Who are Away at School
Management will not include as a family member a child who is away at school and who has established residency at another address or location as evidenced by a lease agreement. The new address or location is considered the student’s principle place of residence.
No additions to the household may be made after move-in unless; prior written approval is given by management. Permitting unauthorized persons to occupy the unit violates the lease and/or the Rules and Regulations and is grounds for termination of assistance and/or tenancy (eviction).
Management will not approve the addition of a person to the household if this would cause the family to exceed the limitations for the apartment size.
Management will also not be able to approve the addition of any adult (18 or older) to the household until all necessary verifications (credit report, landlord verifications, criminal background reports, proof of relationship, verifications of income, assets, etc.) have been received and management has been able to determine that the addition meets the property’s criteria.
To approve the addition of a person under age 18, management must receive documentation to prove that the minor is the child of one or both natural or adoptive parents living in the household and/or proof of legal custody or guardianship. In the event of split custody, an adult living in the household must have custody of the child 50% of the year or more.
Verification required before admitting a live-in aide/attendant is less than for a regular family member, as income and asset verification is not necessary, and the live-in attendant cannot become a remaining member. However, criminal reports, landlord verifications, etc. are required by management to assess the individual's ability to live in the building.
INCOME LIMITATIONS
To be admitted for occupancy, the applicant's eligibility income must be equal to or less than the Section 8 required Income limit for the family size. In the case of this property you must be either Very Low Income or Extremely Low Income to qualify. The admission of over-income applicants is not permitted.
With the passage of QHWRA of 1998 an additional income limit was established for the Section 8 Program of 30% of the median income or the extremely low-income limit.
MINIMUM RENT
The Owner must charge families a minimum monthly Total Tenant Payment (TTP) rent no less than $25, otherwise known as “a $25 minimum Total Tenant Payment” (24 CFR 5.240). The 1998 QHWRA made the $25 TTP a permanent requirement for tenants. All residents are charged a $25 minimum TTP, however, exemptions are provided for long-term hardships.
INELIGIBLE APPLICANTS
Applicants who are classified by HUD as "ineligible applicants" may be admitted, only as specifically permitted by current HUD regulations.
ADDITIONAL SELECTION CRITERIA
Applicants must also be determined acceptable according to the following criteria in order to be approved for admission:
•Applicant's willingness to pay monthly rent and other charges in a timely manner, as determined from information obtained from current and prior landlords or mortgage companies, if any, for at least the past two years; from a credit report; and from credit references provided by the applicant or disclosed by the credit report.
•If verified records of timely rental payments and utility payments (that apply to the apartment) are received from a credit report, landlord and/or utility supplier, no further documentation of past performance in meeting financial obligations, especially rent, will be collected.
•An applicant who applies owing a balance consisting of uncollected rent will not be admitted unless a payment plan has been set up prior to occupancy. Verified records of timely payments for the payment plan will be requested.
•The property will run a credit check and obtain a credit report on the applicant. The purpose of these checks is to obtain information on the applicant’s past history of bankruptcy, meeting rental payments, future ability to make timely rent payments, and to describe whether the applicant has ever been evicted from a rental unit. If it is determined by the landlord that the applicant is not credit worthy, the applicant will be rejected.
Also, the property will contact the current housing provider to determine the applicant’s current behavior and abilities for paying the rent in a timely manner. Any filed bankruptcies must be discharged prior to occupancy.
•Applicant's ability and willingness to care for the dwelling unit based on landlord references, and credit report.
•Applicant's ability to meet the Lease requirements, with or without the services of a live-in attendant, as determined from landlord references, credit reports, and by criminal background reports.
•A record of criminal acts against persons or property; drug-related criminal activity including the illegal manufacture, sale, distribution, use, or possession of a controlled substance; acts of violence against other persons; or confinement in a correctional facility following conviction for any of the foregoing criminal activities; or serious or repeated disturbances that disturb the livability of a residential property or community, adversely affect the health or safety of any person, have an adverse financial effect on a residential property, interfere with the management of a property, or interfere with the rights and quiet enjoyment of other residents during the fifteen years prior to application will be grounds for rejection of the application. Unless otherwise provided by law, proof of violation shall not require criminal conviction but shall be by a preponderance of the evidence.
•Any household containing a member(s) who was evicted in the last three years from federally assisted housing for drug related criminal activity.
•Any household member that is subject to a state sex offender lifetime requirement will be rejected.
•Any household member for whom there is reasonable cause to believe that the member’s behavior, from abuse or pattern of abuse of alcohol, may interfere with the health, safety, and right to peaceful enjoyment by other residents. The screening standards must be based on behavior, not the condition of alcoholism or alcohol abuse.
FAIR HOUSING AND EQUAL OPPORTUNITY REQUIREMENTS
The property will not knowingly violate any applicable Federal, State, or local fair housing, civil rights laws, or any equal opportunity requirements in the providing of housing and housing services. The Affirmative Fair Housing Marketing Plan is attached hereto by reference and is available for review.
PRIORITIES FOR ADMISSION AND TRANSFER
MOVE-INS:
The QHWRA law of 1998 established a move-in preference requiring 40% of all admissions be at incomes at or below the extremely low-income limit in any given property fiscal year. This number will be achieved by reviewing vacancies for a one- year period. Of that yearly vacancy average, 40% of that number will be determined to come up with the total number of applicants who must be housed to meet the 40% requirement.
The current waiting list is composed of a significant number of extremely low-income applicants. Therefore, the three (3) methods outlined in the HUD Handbook 4350.3 REV-1, Chapter 4, pgs. 4-8 & 4-9 are not currently being used. This is due to the majority of applicants on the waiting list, being at the extremely low-income limit.
If it becomes necessary to implement one (1) of the three (3) methods outlined in the referenced section of the HUD handbook, Method 1 will be the selected method implemented to achieve the 40% target requirement.
Method 1 – Admit only extremely low-income families until the 40% target is met. In chronological order, Owners select eligible applicants from the waiting list whose incomes are at or below the extremely low-income limit to fill the first 40% of expected vacancies in the property. Once the 40% target has been reached, applicants will be admitted in waiting list order.
UNIT TRANSFERS:
Management will allow in-house transfers, in the following situations:
A unit transfer due to change in family size;
A unit transfer due to changes in family composition;
A unit transfer for a medical reason, including a reasonable accommodation;
A transfer from a unit due to renovation of the previous unit.
A transfer request to a different unit.
Approved unit transfers will be placed on a waiting list titled “Transfer Waiting List” and marked for the type of transfer needed noted above.
Management will first assign units to existing tenants who have a demonstrated need for a change in housing before offering units to an applicant on the Waiting List. This will be done in chronological order, based on the date of management’s notification of the transfer need. All current in place tenants whose needs or family situations have changed will be transferred before anyone on the waiting list is housed.
Requests for transfers that are based on the need for a reasonable accommodation will be provided priority over other requests. Management is required to pay for the move as a reasonable accommodation unless doing so would constitute an undue financial or administrative burden.