Resident Selection Policy

PROPERTY NAME

ADDRESS

CITY, STATEZIP CODE

Telephone Number: () -

Fax Number: () -

Telecommunications

Statewide access dial 711

Date

OBJECTIVES OF THE RESIDENT SELECTION POLICY

The objectives of the Resident Selection and Occupancy Policy are to:

1)Promote the overall goal of providing safe, decent, sanitary housing to:

  1. Establish high standards of qualification for occupancy, and
  2. Lawfully deny admission or continued occupancy to anyone whose presence in the apartment community could adversely affect the health, safety, or welfare of other residents or whose presence could adversely affect the physical environment of the community, and
  3. Ensure the fiscal stability of the community and of the owners.

2)Comply in spirit and in practice with all applicable fair housing laws, specifically Title VI of the Civil Rights Act of 1964, Title VIII, Section 804 of the Civil Rights Act of 1968, the Fair Housing Amendments Act of 1988, Executive Order 11063, Section 504 of the Rehabilitation Act of 1973, Fair Housing Amendments Act of 1988, Equal Access to Housing in HUD Programs - Regardless of Sexual Orientation or Gender Identity Final Ruleand any legislation protecting the individual rights of residents, applicants, or staff which may subsequently be enacted

3)Execute proper management activities through established and implemented management policies and procedures.

Please contact the management office if you need help understanding this document.

PROPERTY INFORMATION

Property Name Apartments are located at Street AddressCity, State. The property has building(s), containing Number of Units apartments. Number of units are under a Section Eight contract for low income, very low income and extremely low income households. The property is designated as and is operated under the housing program and abides by those requirements.

BUSINESS RELATIONSHIP

The relationship between a landlord (owner/agent) and an applicant or resident is a business relationship. A courteous and businesslike attitude is required from both parties. The owner/agent reserves the right to refuse rental to anyone who is verbally abusive, swears, is disrespectful, makes threats, uses discriminatory language or appears to be intoxicated or under the influence of alcohol or drugs.

If the applicant or any member of the applicant’s family demonstrates unprofessional behavior in the presence of management teams or other resident/applicant, the applicant(s) will be required to leave the property and the application will be rejected.

If the applicant or any member of the applicant’s family exhibits threatening behavior, appears to be intoxicated or under the influence of alcohol or illegal drugs or attempts to intimidate the staff, the applicant(s) will be required to leave the property and the application will be rejected.

If the applicant or any member of the applicant’s family is inappropriately attired when visiting the management office, the applicant will be asked to leave. Appropriate attire includes shoes, shirt and pants, shorts or skirt. Unacceptable attire includes but is not limited to:

  • Pajamas
  • Bathing attire
  • Clothing that allows display of foundation garments (underwear)
  • Clothing with inappropriate language or pictures

Animals, other than assistance animals necessary to allow the applicant/resident to conduct business with the owner/agent, are not allowed in the management office.

Aside from the standard property charges, the property staff is not permitted to accept any money, gifts, services or favors connected with the application process or associated with any aspect of residency at this Community.

FAIR HOUSING

The Owner is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation.We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, disability, familial status, national origin, and regardless of sexual orientation or gender identity or marital status of applicants and residents.

The person named below has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development’s regulations implementing Section 504. (24CFR, part 8 dated June 2, 1988).

Susan Howell

Section 504 Coordinator

LHP Management

Suite 2000, 900 S. Gay Street

Knoxville, TN 37902

Phone: (865) 244-4311

Telecommunication: Dial 711 (Nationwide Number)

LHP Management, agent for Owner, does not discriminate against applicants on the basis of their race, color, religion, sex, national origin, familial status, disability, sexual orientation, gender identity or marital status. In addition, we have a legal obligation to provide “reasonable accommodations” to applicants if they or any family members have a disability. Compliance actions may include reasonable accommodations as well as structural modifications to the unit or premises. A reasonable accommodation is some modification or change that we can make to our policies or procedures that will assist an otherwise eligible applicant with a disability to take advantage of the program.

Income Limit Restrictions

An applicant household’s gross family income cannotexceed the HUD determined applicable income limits for admission in the program type.

The household’s annual income may not exceed the current Area Median Income (AMI) guidelines established by the Department of Housing and Urban Development (HUD) for the County of [Enter County} located in the State of [Enter State].

SMOKING POLICY

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Smoking is allowed in individual apartments, on balconies attached to apartments and in designated smoking areas only. Smoking is prohibited in any other indoor or outdoor area. This policy applies to all residents, guests, vendors, staff, and service persons. Residents are responsible for ensuring that all household members and guests comply with this rule,

The term “smoking” is defined as inhaling, exhaling, burning or carrying any lighted cigarette, electronic cigarette, cigar, pipe, or other tobacco product.

TOBACCO FREE HOUSING

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This property is a completely tobacco-free facility. Tobacco use is prohibited in any area of the property, both private and common, indoors, and outdoors due to increased risk of fire, the known health effects of tobacco use and secondhand smoke and increased maintenance costs. This policy applies to all residents, guests, vendors, staff, and service persons. Residents are responsible for ensuring that all household members and guests comply with this rule.

Tobacco is defined as all tobacco-derived or containing products, including and not limited to the following: cigarettes (e.g., clove, bidis, kreteks), electronic cigarettes, cigars and cigarillos, marijuana, including medical marijuana, hookah smoked products, pipes and oral tobacco (e.g., spit and spitless, smokeless, chew, snuff) and nasal tobacco. It also includes any product intended to mimic tobacco products, contain tobacco flavoring or deliver nicotine other than for the purpose of cessation.

SMOKE FREE HOUSING

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This property is a smoke-free facility. Due to increased risk of fire, the known health effects of tobacco use and secondhand smoke and increased maintenance costs, smoking is prohibited in any area of the property, both private and common, indoors, and within 25 feet of the building(s) including entryways, balconies, and patios. This policy applies to all residents, guests, vendors, staff, and service persons. Residents are responsible for ensuring that all household members and guests comply with this rule.

The term “smoking” is defined as inhaling, exhaling, burning or carrying any lighted cigarette, cigar, pipe, marijuana, including medical marijuana or other tobacco product in any manner or any form.

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Smoking will only be allowed in the designated smoking area located at location.

Citizenship /Immigration Status Eligibility

By law, only U.S. citizens and eligible noncitizens may benefit from federal rental assistance.Compliance with these rules ensures that only eligiblehouseholds receive subsidy.These requirements apply tohouseholds making application,households on the wait list, and residents. Applicants mustprove U.S. Citizenship, naturalizationorlegal non-citizen statusfor eachhousehold member in accordance with HUD (24 CFR part 5, subpart E).

Households that have no members with citizenship, naturalizationorlegal non-citizen statusdo not qualify for assistance. Assistance is available to households which include at least one member with citizenship, naturalization or legal non-citizen status that has been verified through the DHS (Department of Homeland Security) through the SystematicAlien Verification for Entitlements (SAVE) Program.

Noncitizen students and their noncitizen families may not receive assistance. A noncitizen student is defined as an individual who is as follows:

1)A resident of another country to which the individuals intends to return;

2)A bona fide student pursuing a course of study in the United States; and

3)A person admitted to the United States solely for the purpose of pursuing a course of study as indicated on an F-1 or M-1 student visa.

Noncitizens claiming eligible status must provide:

1) A signed declaration of eligible immigration status;

2) A signed consent form; and

3) One of the DHS-approved documents.

Noncitizens not claiming eligible immigration status may elect to sign a statement that they acknowledge their ineligibility for assistance. Once the determination of non-citizen status of a household assisted prior to completion of the verification or appeal process, the management will do as follows:

1)Provide full assistance to families with one or more established “eligible” household members until information establishing the immigration status of any remaining noncitizen family members has been received and verified; or

2)Offer continued prorated assistance to a mixed household or temporary deferral oftermination of assistance if the family does not accept the offer of prorated assistance.

The Owner/agents will not delay the family’s assistance if the family submitted its immigration documentation in a timely manner but the DHS verification or appeals process has not been completed and, if assistance, is denied then the applicant may appeal the determination.

DISCLOSURE AND CERTIFICATION OF SOCIAL SECURITY NUMBERS

Effective January 31, 2010, social security numbers are required by applicants and residents in HUD programs unless an exception is met. Each applicant must submit the following information when eligibility is being determined.

1)Complete and accurate SSN assigned to applicant and all applicant household members; and

2)Valid SSN card issued by the Social Security Administration or

3)Original document issued by a federal or state government agency that provides the SSN of the individual along with other identifying information.

HUD allows exemptions for:

a) Seniors, aged 62 and older only when the applicant is 62 years of age or older on January 31, 2010 and their initial determination of eligibility is in process before January 31, 2010.A senior satisfying both of the above noted requirements is exempt from the SSN requirements for all future income examinations, even if the senior moves to another HUD-assisted property.

b) A child under the age of 6 years added to the applicant household within the 6-month period prior to the household’s date of admission. The household will have a maximum of 90-days after the date of admission to provide the Social Security Number and adequate documentation that the Social Security Number is valid. An additional 90 days may be granted under certain circumstances. If the household does not provide the Social Security Number and adequate documentation to verify the Social Security Number within the prescribed timeframe, HUD requires that the owner/agent terminate tenancy.

c) When adding a new household member who is under the age of 6 years to an existing household the tenant must disclose and provide certification of the SSN of the individual to be added within 90-days of adding the new member. An additional 90 days may be granted if delays are due to circumstances beyond the family’s control.

d) Individuals who do not contend eligible immigration status.

4)If all non-exempt household members have not disclosed and/or provided verification of SSN’s at the time a unit becomes available, the next eligible applicant must be offered the available unit. The applicant who has not disclosed and/or provided verification of SSN’s for all non-exempt household members has 90 days from the date they are first offered an available unit to disclose and/or verify SSNs. During this 90 day period the applicant may, at their own discretion, retain their place on the waiting list. After 90 days, if the applicant is unable to provide the required SSN documentation, the applicant will be determined ineligible and removed from the wait list.

5)Live- in aides and foster children are subject to the SSN requirements.

Eligibility of Students

In order to be deemed eligible for Section 8 Assistance, a student attending an “institution of higher learning” for the purpose of obtaining a degree, certificate, or other program leading to a recognized educational credential must meet all screening criteria and be:

1)Living with the parents/guardian currently on or applying for Section 8 or

2)At least 24 years of ageor

3)A veteran of the United States Military or

4)Married or

5)Have a dependent child or

6)A person with disabilities as defined in 3(b)(3)(E) of the United States Housing Act of 1937 (42 U.S.C 1437a(b)(3)(E)) and was receiving assistance under such Section 8 as of November 30, 2005 or

7)Be an Independent Student

a. The individual is 24 years of age or older by December 31 of the award year;

b. The individual is an orphan, in foster care, or a ward of the court or was an orphan, in foster care, or a ward of the court at any time when the individual was 13 years of age or older;

c. The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of

competent jurisdiction in the individual's State of legal residence;

d. The individual is a veteran of the Armed Forces of the United States (as

defined in subsection (c)(1) of HEA) or is currently serving on active duty in

the Armed Forces for other than training purposes;

e. The individual is a graduate or professional student;

f. The individual is a married individual;

g. The individual has legal dependents other than a spouse;

h. The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or

youth (as such terms are defined in section 725 of the McKinney-Vento

Homeless Assistance Act) (42 U.S.C. 11431 et seq.), or as unaccompanied, at risk of homelessness, and self-supporting, by

(i) a local educational agency homeless liaison, designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act;

(ii)the director of a program funded under the Runaway and Homeless Youth Act or a designee of the director;

(iii)the director of a program funded under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (relating to emergency shelter grants) or a designee of the director; or

(iv)a financial aid administrator; or

i. The individual is a student for whom a financial aid administrator makes a

documented determination of independence by reason of other unusual circumstances

Individuals who meets the Independent Student definitions in sections (b), (c) or (h) above are considered “vulnerable youth”.

If a student does not meet the eligibility criteria above, but can prove independence from parents under HUD rules, then the student would meet HUD’s student eligibility criteria.

Or

8)Has parents who are income eligible for the Section 8 program

If an ineligible student applies for or is a member of an existing household receiving Section 8 assistance, the assistance for the household will not be prorated but will be terminated.

NOTE: An owner cannot evict or require an ineligible student to move from a unit as long as the student is in compliance with the terms of the lease

Any financial assistance, in excess of amounts received for tuition that an individual receives under the Higher Education Act of 1965 from private sources or an institution of higher education (as defined under the Higher Education Act of 1965) shall be considered income to that individual.The Department of Education defines tuition as the amount of money charged to students for instructional services which may be charged per term, per course, or per credit. The Department of Education further defines tuition and fees as the amount of tuition and required fees covering a full academic year most frequently charged to students.This income rule does not apply if the applicant is:

1)Living with his/her parents/guardian currently on or applying for Section 8 or

2)A person over the age of 23 with dependent children

3)Financial assistance that is provided by persons not living in the unit is not part of annual income if the student meets the Department of Education’s definition of ‘‘vulnerable youth’’.

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Eligibility of Student Applicants Applying for Section 236 Programs

The student must meet all of the following criteria in order to be eligible. The student must:

1)Be of legal contract age under state law

2)Have established a household separate from parents or legal guardians for at least one year prior to application for occupancyor

3)Meet the U.S. Department of Education’s definition of an independent student. To be classified as an independent student for Title IV aid, a student must meet one or more of the following criteria:

  1. Be at least 24 years old by December 31 of the award year for which aid is sought: or
  2. Be an orphan or a ward of the court through the age of 18: or
  3. Be a veteran of the U.S. Armed Forces: or
  4. Have legal dependents other than a spouse (i.e.; dependent children or an elderly (dependent parent): or
  5. Be a graduate or professional student: or
  6. Be married

4)Not be claimed as a dependent by parents or legal guardians pursuant to IRS regulations; and