Screening, Selecting, Charges, Security Deposits

Interview: Applicants are interviewed and screened. All application information is updated. Program requirements and verifications are explained and processed.

All required documentation and information and signatures are obtained. All third-party documentation and verification is completed. Housing rules and policies and procedures are discussed.

Selection: Using HUD Handbook 43050.3, and the 500059 Data requirements, through TRACS, to determine tenant eligibility and rents, certification and recertification processes are strictly in accordance with HUD regulations, policies and procedures.

Full certifications are completed when applicants are initially certified, at move-in. Once applicants are determined eligible, applicants will inspect the apartment(s), the rent is calculated, the lease, owner's certification, recertification and interim agreements, and other applicable documents are signed, move-in date established, security deposit collected and the first month's rent (and pet security deposit, if appropriate).

A security deposit equal to either one month's family or household contribution or $50.00, whichever is greater, is collected and deposited into a separate interest-bearing account for each tenant household. No application, credit report, or any other application fees are charged the tenant household, or prospective tenant household.

Each tenant's rent is calculated based upon:

30 percent of the family's monthly adjusted income;

10 percent of the family's monthly income;

That portion of welfare assistance adjusted in accordance with actual housing costs;

Or $25.

The rent calculation includes an allowance for tenant-paid utilities.

Rejecting

Ineligible: Ineligible applicants are notified in writing, citing the reasons for ineligibility, and that they have the right to meet with manager and/or owner within 14 days to discuss the reasons for ineligibility.

Applicants are notified within five days after this meeting whether an eligibility redetermination has been made.

Ineligible applicant files are maintained by the manager for at least three years.

Eligible, Not Selected: Applicants, not selected, are notified in writing that they will remain on the waiting list, and that they will be notified when additional units are available.

Citizenship/Non-Citizenship

Housing eligibility and occupancy is limited, in accordance with HUD's (1995) rule restricting assistance to immigrants with ineligible immigration status. The rule requires citizens and eligible immigrants to certify and document the status of all assisted family or household members, as long as such certification and documentation is in compliance with all civil rights and fair housing laws, and, if applicable, Section 504 requirements.

Occupancy

Move-In

All new tenants and residents are provided with comprehensive orientation services prior to, during, and after move-in. Orientation is provided by the manager, in conjunction with tenant representatives. management conducts a series of orientation meetings with new residents, unit inspections, building tours, and provides new residents with written information, such as a review of their lease provisions, residency and occupancy restrictions, rent rules, termination and eviction regulations and procedures, house rules, resident handbook and unit care package.

In addition, as part of the resident initiative program, residents volunteers assist new tenants become acclimated and comfortable in their new home during the move-in and adjustment period. Owner and manager recognize that it is important to ensure new residents are acclimated and comfortable during the initial occupancy and residency period.

Unit Inspections

Unit turn-over procedures include:

Units and inspected and evaluated at Move-out.

Units are cleaned, painted, and restored to Move-in Decent, Safe and Sanitary) condition.

Appliances, fixtures, equipment are repaired/replaced, as necessary.

Capital improvements are also made in accordance with a five-year plan, such as the upgrade and improvement of certain bathroom facilities for the mobility impaired.

Unit Move-out and Move-in/Move-out inspections are made by the manager with the tenant(s) using the HUD Physical Inspection Report. The original report is filed in the tenant file, and a copy is provided to the tenant(s).

Unit inspections are also conducted bi- annually (as well as at Move-in/Move-out), using the HUD Physical Inspection Report. The original report is filed in the tenant file, and a copy is provided to the tenant(s).

Annual Recertification

The annual recertification date is established by HUD. Between 75 and 90 days prior to recertification, first notice is sent to all tenants, with a second notice to those who do not respond 30 days later, and a third notice "10-day, Intent to Terminate Notice" to those who still have not responded.

Notices include the tenant's interview date, and include a list of required recertification documents. At the interview, information regarding income, assets, family composition and allowances is obtained, and certain recertification forms and documents are signed. third-party verification follows. Tenants are notified of any increases in rent resulting from recertification at least 30 days prior to the effective date of the increase. All tenants must sign lease addenda, owner's certification, and the initial recertification forms (for the following year) prior to the recertification date.

House Rules

House Rules, Policies and Procedures, published as part of the Resident Handbook, cover the following subjects:

Building Security, Elevator, emergency, Extermination, Keys, Laundry, Lock Outs, Mail, Notices, Orientation, Pets, Peace and Enjoyment, Playing and Loitering, Rent, Renters Insurance, Repairs and Work Orders, Resident Organizing, Smoking, Trash and Cleaning, Utilities, Visitors and Aides, Violations, Window Guards and decorations/alterations.

The Resident Handbook also includes this Tenant Selection Policy, a Lease Guide, the Pet Rules, and a Resident Security Checklist.

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Grievance and Eviction Policies

Grievances:

Management meets informally with aggrieved residents to listen to the grievances. If grievances are simple misunderstandings which can be resolved immediately. If not,

A "10-Day meeting" strategy is initiated. 10-Day meetings give the owner, manager and resident a chance to discuss and settle grievances informally. If grievances are justified then the meeting provides an opportunity for residents to show the owner and manager they have meaningful complaints. If grievances are unjustified these meetings give the owner and manager the opportunity to negotiate and settle disputes with residents.

Residents are advised to have a (illegal) representative (family member, friend or tenant representative) at grievance meetings. The manager ensures that interpreters are available for non-English speaking residents. Grievance meetings are conducted by the housing director with the assistance of the tenant housing assistant who takes notes of the meeting.

Grievance meetings are held at locations selected by the aggrieved residents.

Residents are encouraged to talk about the problems, with support and assistance from their representative.

The housing director focuses on the evidence and facts supporting the owner's and manager's position. The housing director presents suggested solution(s).

Brief factual letters to the residents finalizing decisions follow each meeting.

Evictions:

Eviction procedures are in accordance with HUD eviction procedures, and New York State law.

In the event of a conflicting regulation or law, our eviction procedures conform to HUD regulations which are generally more restrictive than State law.

Our eviction procedures assume that residents should only be evicted on the basis of serious material noncompliance. The population is elderly and handicapped, and New York is a tenant rights State, an unpopular recipe for a weak eviction case. Except in the case of well-evidenced nonpayment of rent, our eviction policies assume that the lease violations must be of such a serious nature as to endanger the health and safety of others, or to commit fraud.

The manager compiles the evidence for eviction, ensuring there is detailed, clear and sufficient evidence, including dates, descriptions and third-party documentation from police, government agencies and other enforcement sources involved.

Our eviction letters are clear and factual, sent by certified mail and hand-delivered. Residents are offered a "10-Day Meeting ".

The 10-Day meeting procedures are similar to the above described Grievances except that the meetings are conducted more formally commensurate with the seriousness of the subject.

Detailed factual letters to the residents finalizing decisions follow each meeting. The letters include the name and contact information of the attorney representing the owner eviction proceedings.

Fair Housing Compliance

All application and residency practices are strictly in accordance with the Fair Housing Act prohibits discrimination in housing because of: Race or color, National origin, Religion, Sex (or Sexual preference), Handicap/Disability, Familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18), Political Persuasion and members of certain classes, such as public assistance recipients and unmarried parents.

In the marketing, selection and renting of housing, no-one may be refused to rent housing, refused to negotiate for housing, may have housing made unavailable, be denied housing, have different terms set or conditions or privileges for the rental of a dwelling, be provided different housing services or facilities, be falsely denied housing that is available for inspection, or rental, or for profit, or blockbusting or be denied access to or membership in a facility or service related to rental of housing, based on race, color, national origin, religion, sex, familial status or handicap or other discriminatory reason.

It is also illegal for anyone to threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right; and/or

Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status or handicap.

Handicaps and Disabilities

In addition, for persons which have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities, or have a record of such a disability, or are regarded as having such a disability

No-one may refuse to let mobility-impaired residents make reasonable modifications to their dwelling or common use areas, at their own expense, if necessary for the handicapped person to use the housing (where reasonable); and/or

Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the handicapped person to use the housing.

For Example: A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog, and an apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that he/she can have access to his/her apartment.

However, housing need may be prohibited to persons who is a direct threat to the health or safety of others or who currently uses illegal drugs.

New Buildings:

In buildings that are ready for first occupancy after March 13, 1991, and have an elevator and four or more units:

Public and common areas must be accessible to persons with disabilities; Doors and hallways must be wide enough for wheelchairs; and All units must have:

An accessible route into and through the unit;

Accessible light switches; electrical outlets, thermostats and other environmental controls;

Reinforced bathroom walls to allow later installation of grab bars and Kitchens and bathrooms that can be used by people in wheelchairs.

Housing Opportunities For Families

Unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status. That is, it may not discriminate against families in which one or more children under 18 live with: A parent, or a person who has legal custody of the child or children or the designee of the parent or legal custodian, with the parent or custodian's written permission.

Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18.

Elderly Housing Exemption:

Housing for older persons is exempt from the prohibition against familial status discrimination if:

HUD has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or local government program or it is occupied solely by persons who are 62 or older or it houses at least one person who is 55 or older in at least 80 percent of the occupied units;

It has significant services and facilities for older persons; and adheres to a published policy statement that demonstrate an intent to house persons who are 55 or older.

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