SECTION 8 PROJECT BASED RENTAL ASSISTANCE AND LOW INCOME HOUSING TAX CREDIT PROGRAMSTENANT SELECTION PLAN

The Section 8Program was authorized by Congress in 1974 and developed by the U.S. Department of Housing and Urban Development (HUD) to provide rental assistance for eligible tenant families (including single persons) residing in newly constructed, rehabilitated and existing rental and cooperative apartment projects. This Tenant Selection Plan is applicable to The Housing Authority of the City of El Paso (HACEP) Section 8 Project Based Rental Assistance and Low Income Housing Tax Creditproperties.

PROJECT ELIGIBILITY

HACEP owns and manages properties designated for the elderly, disabled, and families. To be eligible for Project Based Rental Assistance (PBRA)and Low Income Housing Tax Credit (LIHTC) properties, as set forth in IRS Section 42 of the United States Code and the Tax Credit Restrictive Covenant/ LURA. Applicants must meet basic requirements concerning familial status. These requirements are outlined below.

A Family is:

Either a single person or a group of persons 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.
  • A displaced family, which is a family in which each member or the sole member is a person displaced by governmental action, or whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized by federal disaster relief laws.
  • A remaining member of a tenant family is a family member of an assisted tenant family who remains in the unit when other members of the family have left the unit.
  • A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a tenant family.

An ElderlyFamily is a:

  • Family whose head or spouse or sole member is a person who is at least 62 years of age; or
  • Two or more persons who are at least 62 years of age living together; or
  • One or more persons who are at least 62 years of age living with one or more live-in aides.

A Disabled Family is a:

  • Family whose head or spouse or sole member is a person with disabilities;
  • Two or more persons with disabilities living together;
  • One or more persons with disabilities living with one or more live-in aides.

CITIZENSHIP

Only U.S. citizens or eligible non-citizens may receive assistance. This means that at least one family member must be able to provide proof of citizenship or eligible non-citizen status. If some family members are not able to provide proof of citizenship, housing assistance will be prorated accordingly, based on the number of confirmed eligible family members. Applicants must submit required citizenship/immigration status documentation no later than the initial date of verification of eligibility. If applicant cannot supply the documentation within the timeframe an extension of not more than 30 days may be given, but only if applicant certifies that documentation is temporarily unavailable and additional time is needed to collect and submit the requested documentation.

SOCIAL SECURITY NUMBER REQUIREMENTS

In accordance with 24 CFR 5.216, applicants and participants (including each member of the household) are required to disclose assigned SSNs, with the exception of the following individuals:

  • Those individuals who do not contend to have eligible immigration status (individuals who may be unlawfully present in the United States). These individuals in most instances would not be eligible for SSN.
  • A family that consists of a single household member (including a pregnant individual) who does not have eligible immigration status is not eligible for housing assistance and cannot be housed.
  • A family that consists of two or more household members and at least one household member that has eligible immigration status, is classified as a mixed family, and is eligible for prorated assistance in accordance with 24 CFR 5.20.
  • Existing program participants as of January 31, 2010, who are 62 years of age or older, and had not previously disclosed a valid SSN. This exception continues even if the individual moves to a new assisted unit.

HACEP will request the applicant and participant (including each member of the household), who are not exempt under the guidelines, to provide documentation of each disclosed SSN. Acceptable evidence of the SSN consists of:

  • An original SSN card issued by SSA or an original SSA-issued document, which contains the name and the SSN of the individual, or
  • An original document issued by a federal, state, or local government agency, which contains the name and the SSN of the individual, such as:
  • IRS Form 1099 or W-2 Form;
  • Benefit award letters from government agencies;
  • Medicaid cards;
  • Unemployment benefit letter;
  • Court records such as real estate, tax notices, marriage and divorce, judgment or bankruptcy records;
  • Verification of Social Security benefits with the Social Security Administration (SSA).

Applicants who have not disclosed and/or provided verification of SSNs for all non-exempt household members have 90 days from the date they are first offered an available unit to disclose and/or verify the SSNs. During this 90 day period, if the applicant is unable to disclose and/or verify the SSNs for all non-exempt household members, the applicant will be determined ineligible and removed from the site based waiting list. The SSN requirements do not apply to persons not claiming immigration status.

Failure to disclose all Social Security Numbers as required or certify that a family member does not have a number is cause for denial of admission or termination of assistance, subject to the family’s right to an informal review or hearing.

All family members claiming eligible immigration status and requesting assistance, regardless of age, must disclose and document their SSN prior to admission. Applicants who cannot provide SSNs for all family members requesting assistance may retain their position on the site based waiting list. However, appropriate documentation of a SSN for all family members claiming eligible citizenship status must be provided before the household can be admitted.

PROGRAM ELIGIBILITY

  1. Income Eligibility for Admission

No family other than a low-income family as defined in regulations is eligible for admission to low-rent units. At least 40% of new admissions annually must be extremely low-income families (families whose incomes fall at or below 30% of the local area median income). This includes families who, at the time of application and/or admission, have no countable income. The Income Limits vary by family size and are posted in each office.

Applicants being processed for a Low Income Housing Tax Credits (LIHTC) unit will be advised of the income limit restrictions of the development, used to determine eligibility for occupancy. The applicant will be asked to complete and sign a Release of Verification Form for use for retrieving third-party asset and income information. This information is necessary to complete the Tenant Income Certification.

  1. Family Income

A family’s annual income, at the time of admission, may not exceed the income limits established by HUD and published in the Federal Register applicable to HACEP’s jurisdiction, for the current year.

Generally, HACEP will complete verification of income eligibility approximately 60 to 90 days prior to the family being offered a unit. However, any change in income, family size, or composition can occur during the period of time between that verification and the offer of housing. Since such changes can affect eligibility, the family must immediately report such changes so that the correct rent and unit size can be determined. If a change in family size, or composition occurs applicant’s place in the site based waiting list will remain according to original date and time of application submission untilthe correct unit size becomes available.

Eligibility for LIHTC units will be verified using documentation received by third parties, or paychecks, bank statements, benefit statements collected by Tenants. Tenants in any development that has been financed by tax credits or other mixed financing will be required to meet all eligibility requirements as set out by applicable Federal law and regulations, as well as IRS Section 42 and HUD Handbook 4350.3.

  1. Records of admissions of low-income families will be maintained by HACEP to ensure that admission requirements and targets are met.

HACEP will count all persons living in the unit except live-in aides and guests.HACEP will include the following as members of the household:

Children in joint custody arrangements who are present in the household 50% or more of the time (including foster children and foster adults).

Unborn children of pregnant women

Children who are away at school but who live with the family during school recesses.

Children who are in the process of being adopted.

Temporarily absent family members who are still considered family members (for example, a member of the household who is working in another state on assignment, hospitalized, or in rehab).

Family members in the hospital or rehabilitation facility for periods of limited or fixed duration.

APPLICATION AND SITEBASED WAITLIST PROCESS

All persons interested in Project Based Rental Assistance, or Low Income Housing Tax Creditmust complete the pre-application online at TDD telecommunication is available by calling the TDD number (915)849-3737. The Housing Authority of the City of El Paso, Texas does not discriminate on the basis of race, color, religion, national origin, gender, familial status, sexual orientation, marital status, or disability. If an applicant is a person with a disability and requires a specific accommodation in order to fully utilize the programs and services provided by HACEP, please contact the Equal Opportunity Compliance Officer at(915) 849-3820.Each applicant must complete an online Pre-Application for Admission form located at

HACEP will review the information on the Application for Admission and if the applicant appears to be eligible for assistance, the applicant will be placed on the site based waitlist in the order in which the application is received. Accepting an application and placing an applicant’s name on the site based waitlistdoesnot guarantee that the applicant will be offered housing.

The following information is listed on the site based waitlist: Date, Time, Name of Head of Household, Applicable Program, Annual Income Level, and Identification of the Need for an Accessible Unit, Preference Status, and Unit (Bedroom) Size. HACEP maintainssite based waitlistspecific to the Project Based Rental Assistance program; however, the applicant may choose to apply for other housing programs which may be taking applications.

Only one application shall remain open per family for the same program. Applicants will be notified of duplicate applications. HACEP will also inform applicants of any other housing assistance programs HACEP administers. If the applicant is interested, HACEP will advise the applicant how and where to apply for those programs. HACEP will also advise applicants about housing assistance programs in other localities, where available. As units of the appropriate size become available, applicants will be selected from the Waitlistin chronological order to fill vacancies.

Thesite based waitlistmay be closed and applications may be suspended when the average wait for one or more unit sizes is one year or more. A notice will be posted on the front door of the Office, and the HACEP will publish a notice to that effect in the local newspaper(s). The notice will state the reason(s) for the HACEP’s refusal to accept additional applications. When the HACEP decides to re-open the site based waitlist, this action will be announced in the same manner and in the same publication as the notification that the site based waitlistis closed. The rules for applying and the order in which applications will be processed will be stated in this notice.

It is the HACEP’s policy to remain in compliance with HUD guidelines regarding admission. There are several factors applicable to any and all applicants that could affect your position on the Site Based Waitlist. If there are any changes in regards to the Preferences or priorities that have been established in this plan that could negatively affect any active applicant on the site based waitlist, all of the active applicants will be notified in writing of the change of policy.

An applicant may be removed from allsite based waitlists for one or more of the following reasons:

  1. The applicant fails to respond to a written notice for an eligibility interview.
  2. The applicant rejects the one unit offer.
  3. Mail sent to the applicant’s address is returned as undeliverable; or
  4. The unit that is needed – using family size as the basis – changes, and no appropriate size unit exists in the property.

When an applicant is selected from the site based waitlist, a full application will be completed through an eligibility interview. Qualified applicants are those who meet the program’s eligibility requirements, the project’s eligibility requirements, and the HACEP’s screening criteria. All questions must be answered truthfully, and the answers must apply to all prospective household members. If any question is not answered truthfully and/or if any relevant information is omitted, it is grounds to deny the application. Furthermore, if such conduct is discovered after the applicant has been admitted, it is grounds for immediate lease termination.

HACEP’s screening process will begin when it is estimated that the applicant, if approved, could be offered housing. The applicant will be contacted in writing, and if the applicant doesnot respond within time limit noted on the written notice to arrange an interview, the applicant will be removed from allsite based waitlistsfor non-response. The applicant will be informed in writing and will be given thirty (30) days from the date of the removal notice to respond. When the applicant does contact HACEP to arrange an interview, the following documentation must be completed as part of the interview if it has not already been completed during the prior application process:

Submit proof of identification for all household members who are eighteen (18) or older – a valid Driver’s License or State ID card (must include a picture of the family member)

Submit a Birth Certificate for all members of the household

Submit a Social Security card or other valid proof of a social security number for all household members

Sign verification forms for documentation of Income/Assets/Expenses, as applicable

Sign the Section 214 forms: Declaration of Citizenship, Family Summary, Verification Consent form (if applicable)

If the Head or Co-head of Household is a full-time student, submit proof of having established a household separate from parents or legal guardians for at least one year prior to application for occupancy or the individual meets the US Department of Education’s definition of an independent student

If the Head or Co-head of Household is a full-time student, the individual must not be claimed as a dependent by parents or legal guardians pursuant to IRS regulations and must provide a certification of the amount of financial assistance that will be provided by parents, guardians, or others signed by the individual(s) providing the support

Complete the Document Package for applicant’s/Tenant’s Consent to the Release of Information (Form HUD 9887/9887-A)

Sign a consent to release all relevant criminal information for each adult member of the applicant family

Complete the Race and Ethnic Data Reporting form (Form HUD-27061-H) for each household member (optional for the applicant to complete, but if the applicant refuses, the applicant should note the refusal on the form)

EIV SYSTEM

In accordance with 24 CFR 5.233 HACEP will use HUD’s Enterprise Income Verification (EIV) system to run the Existing Tenant Search when processing a PBRA application to determine if any applicant household member may be currently residing and/or receiving assistance through another Multifamily Housing or Public and Indian Housing (PIH) program.EIV data will not be utilized to verify tenant income for LIHTC program families.

EIV will be used to verify Social Security & Supplemental Security benefits for unless the tenant disputes the information. HACEP will verify if the applicant previously received assistance through a federally assisted program to determine of the individual owes a debt to another HACEP, or has been terminated or evicted from the public housing and the Housing Choice Voucher programs.

Information obtained through the EIV will be compared to documents provided by the family. When there is a substantial difference (substantial difference is defined as a difference of more than $200 per month per source of income), the HACEP will resolve thediscrepancy by contacting the source of the income directly. When there is not a substantial difference, the HACEP will use the higher of income verified through EIV or documents provided by the family.

OCCUPANCY STANDARDS

It is the policy of HACEP to rent apartments based on the following Occupancy Standards: two persons per bedroom.

Bedroom Size / Minimum # of Persons / Maximum # of Persons
1 / 1 / 2
2 / 2 / 4
3 / 3 / 6
4 / 4 / 8
5 / 5 / 10
6 / 6 / 12

When determining the size of the unit that would be appropriate for a particular family, HACEP will count the following as members of the household:

All full-time members of the family;

All anticipated children (children in the process of being adopted by an adult family member; children whose custody is being obtained by an adult family member; and children in joint custody arrangements who are present in the household 50% or more of the time).

A live-in aide;

Foster adults living in the unit;

Adults on active military duty.

HACEP will not count non-family members such as permanently institutionalized family members or visitors.

A single person will not be permitted to occupy a unit with two or more bedrooms except for the following persons: