RESIDENT SELECTION PLAN. annually by HUD, and may not be lower than the income minimum* per household size.

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1 MOUNT RUBIDOUX MANOR TH STREET, RIVERSIDE, CA TELEPHONE (951) TDD EXT. 478 WWW. MOUNTRUBIDOUXMANOR.COM RESIDENT SELECTION PLAN Mount Rubidoux Manor is an affordable housing community comprised of 188 apartment homes in Riverside, California that provides housing for low, very low and extremely low income households, without regard to race, color, sex, creed, religion, national origin, physical or mental disability status, familial status, age, ancestry, marital status, source of income, gender identity, sexual orientation or any other arbitrary personal characteristics. Mount Rubidoux Manor will make reasonable accommodations to individuals with disabilities unless doing so would result in a fundamental alteration in the nature of the program or an undue financial and administrative burden. We will consider extenuating circumstances for disabled applicants who have been rejected or found ineligible as a matter of Reasonable Accommodation. Reasonable Accommodation Request forms are available upon request from management. Mount Rubidoux Manor operates under HUD s Section 8 Housing Assistance Payment Program. Mount Rubidoux Manor also has 16 non- Section 8 assistance units. Mount Rubidoux Manor is an Equal Opportunity Housing Facility, admitting people in accordance with Local, State and Federal Fair Housing laws, HUD Section 8 Program Regulations and the Affirmative Fair Housing and Marketing Plan (AFHMP) HUD Form INCOME LIMITS To qualify for Section 8 assistance, a household s gross income may not exceed the maximum income limit per household size for the Very Low Income limit (50% AMI) as published annually by HUD at time of application. The income limits are attached and will be posted in the community s Office. To qualify for the non Section 8 units, the household s gross income may not exceed the maximum income limit per household size for the Low Income limit (60% AMI) as published annually by HUD, and may not be lower than the income minimum* per household size. *If annual household income does not meet or exceed the minimum level shown for appropriate household and apartment size, but is not more than 10 percent (10%) less than the minimum, the apartment may be rented if proof is obtained indicating satisfactory and timely rental payment history for the past twelve (12) months in the amount equal to or greater than the rent charged for that unit size. AGE/ DISABILITY REQUIREMENT The Head of Household or Spouse MUST be 62 years of age or older at time of application or for 10% of the units which are accessible, persons (elderly or non-elderly) who require the accessible features of the unit. When assigning accessible units, Mt. Rubidoux Manor will treat equally elderly and non-elderly applicants with disabilities who require the accessible features of the unit APPLICATION PROCEDURES Applications will only be distributed when the Waiting List is open. Applications will not be distributed when the Waiting List is closed. Applications will be available in the office during normal business hours or by requesting an application by telephone. Each applicant must complete an application and be willing to submit to a credit history, rental history, and criminal background inquiry, as well as income and asset verifications. All application entries are to be made in ink or typed. Corrections or changes are to be made by lining through the original entry and entering the correct data. Such changes must be dated and initialed by the person making the change. Signed and dated applications will be processed on a first-come, firstserved basis. The application must be completed and signed by the head of household and all household members over 18 before an applicant can be placed on the waiting list. If an application is not completely answered, the date of it being fully completed will be the date that the application is considered accepted for rental purposes. PREFERENCES It is the policy of the Property that a preference does not guarantee admission. Every applicant must still meet the Property s Resident Selection Plan standards for acceptance as a resident. Mount Rubidoux Manor Resident Selection Plan Page 1

2 For units accessible to or adaptable for persons with mobility, visual or hearing impairments, households containing at least one person with such impairment will have first priority. Persons displaced by government action or a presidentially declared disaster will be given a preference on the waitlist. Forty percent (40%) of Mount Rubidoux Manor s Section 8 subsidized vacancies each year must be set-aside for households whose income does not exceed the greater of the federal poverty guidelines as published by HHS or 30% of the area median income ( extremely low-income ) as published by HUD. Therefore, persons lower on the waiting list could be offered an apartment first to satisfy this 40% regulation. To implement this preference we will select the first extremely lowincome applicant on the waiting list (which may mean "skipping over some applicants with higher incomes) for the available unit, and then select the next eligible applicant currently at the top of the waiting list (regardless of income level) for the next available unit. As subsequent units become available, Resident selection continues to alternate between the next extremely low-income applicant and the eligible applicant at the top of the waiting list until the 40% target is reached. Where preferences apply, applicants with a verified preference will be moved to the top of the waiting list above persons without a preference. UNIT TRANSFER POLICY A Unit Transfer List is maintained for those residents who have been approved for transfer on the basis of a deeper subsidy and a disability, need for an accessible apartment or for medical reasons certified by a health care professional. Transfers for other reasons are not permitted. Additionally, Mount Rubidoux Manor will pay for moving expenses for a unit transfer conducted due to a reasonable accommodation to a household member s disability. Transfers for accessibility or medical reasons will have priority over those for changes in household composition. Residents on the Unit Transfer List will have priority over the applicants on the Waiting List. When management becomes aware of an upcoming vacancy, the first family on the transfer waitlist whose health or disability needs match the vacant apartment will be notified of the opportunity to transfer. Should the first family fail to accept the offer of a transfer, Management will continue down the waitlist offering the apartment in order of request until a waitlist resident accepts the offer. If all waitlist residents refuse the offer of a transfer, Management will then seek applicants from the external waitlist. OCCUPANCY STANDARDS Occupancy standards are the criterion established for matching a household with the most appropriate size and type of apartment. Two Persons per bedroom occupancy guidelines will be followed to avoid under or over utilization of the units as follows: Bedroom Household Minimum Household Maximum Studio To determine the proper bedroom size for which a household may qualify, the following household members are to be included: 1. All full-time members of the household and; 2. Foster children; Unborn children; Children in the process of being adopted; 3. Live-in attendants. NOTE: Live-in attendants are subject to the criminal and landlord provisions of this plan with the exception of criteria that determines ability to pay rent. Exceptions to these Occupancy Standards may be made when required as a reasonable accommodation for a disabled household member. DISCLOSURE OF SOCIAL SECURITY NUMBERS Effective January 31, 2010, all household members receiving assistance or applying to receive assistance will be required to provide a Social Security Number and adequate documentation necessary to verify that number. This rule applies to all household members including live-in aides, foster children and foster adults. Adequate documentation means a Social Security card issued by the Social Security Administration (SSA) or other acceptable evidence of the SSN such as Original Social Security card, Driver s license with SSN, Identification card issued by a federal, State, or local agency, a medical insurance provider, or an employer or trade union, Earnings statements on payroll stubs, Bank statement, Form 1099, Benefit Mount Rubidoux Manor Resident Selection Plan Page 2

3 award letter, Retirement benefit letter, Life insurance policy, Court records. For eligibility purposes, applicants do not need to disclose or provide verification of a Social Security Number for household members to be placed on the waiting list. However, applicants must disclose a Social Security Number and provide adequate documentation to verify each Social Security Number for all non-exempt household members before they 1) can be screened, 2) can participate in the eligibility interview or 3) can be housed. If all non-exempt household members have not disclosed and/or provided verification of their Social Security Numbers at the time a unit becomes available, the next eligible applicant must be offered the available unit. The applicant who has not provided required Social Security Number information for all non-exempt household members has 90 days from the date they are first offered an available unit to disclose/verify the Social Security Numbers. During this 90-day period, the applicant may retain its place on the waiting list. After 90 days, if the applicant is unable to disclose/verify the Social Security Numbers of all non-exempt household members, the applicant should be determined ineligible and removed from the waiting list. If the tenant does not meet the SSN disclosure, documentation and verification requirements in the specified timeframe as the household is in non-compliance with its lease, we must terminate the tenancy of a tenant and the tenant s household. Exceptions to Disclosure of Social Security Number The Social Security Number requirements do not apply to: 1. Individuals who do not contend eligible immigration status. When applicants and residents are required to declare their citizenship status, the existing regulations pertaining to proration of assistance or screening for mixed families must continue to be followed. In these instances, the owner will have each resident s Citizenship Declaration on file - whereby the individual did not contend eligible immigration status - to support exception to the requirements to disclose and provide verification of a Social Security Number. 2. Individuals age 62 or older as of January 31, 2010, whose initial determination of eligibility was begun before January 31, The eligibility date is based on the initial effective date of the form HUD or form HUD-50058, whichever is applicable. Documentation that verifies the applicant s exemption status must be obtained from the owner of the property where the initial determination of eligibility was determined prior to January 31, This documentation must be retained in the resident file. An owner/agent cannot accept a certification from the applicant stating they qualify for the exemption. The exception status for these individuals is retained if the individual moves to a new assisted unit under any HUD assisted program or if there is a break in his or her participation in a HUD assisted program. 3. 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 circumstance. 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. RESTRICTION ON ASSISTANCE TO NON-CITIZENS By law, only US citizens and eligible non-citizens are eligible for rental assistance. All applicants for assistance will be given notice of the requirement to submit evidence of citizenship or eligible immigration status at the time of application. All family members, regardless of age, must declare their citizenship or immigration status. US citizens must sign a declaration of citizenship. Non-citizens (except those age 62 and older) must sign a verification form and Mount Rubidoux Manor Resident Selection Plan Page 3

4 submit documentation of their status or sign a declaration that they are not claiming eligible immigration status. The Administrator is required to verify the validity of documents submitted by the applicant with the Department of Homeland Security (DHS) through their automated verification system. An applicant that provides documentation but is later determined by the DHS to be invalid documentation will have the assistance removed for that household member. Non-citizens age 62 and older must provide proof of age and sign a declaration that they have eligible immigration status. Mixed families, a family that contains both eligible and non-eligible members may receive prorated assistance. Applicant families must contain at least one family member that is a US Citizen or eligible non-citizen. Applicants who hold non-citizen student visas and non citizens living with the student are considered ineligible for assistance. Applicants who submit the required documentation in a timely manner will not have a delay or termination of assistance while waiting for the DHS verification or appeals process. Applicants who cannot provide documentation of eligible immigration status at the time of the applicant interview will be given a 14 day period to provide this documentation, if they provide a certification that the documentation is temporarily unavailable. Provided that at least one family member has provided documentation, the family may move in with prorated assistance provided they are otherwise eligible. Families that are found to be ineligible have the right to appeal the decision. The notice of ineligibility will describe the applicants options. RESTRICTION ON ASSISTANCE TO STUDENTS Determination of a student s eligibility for Section 8 assistance will be made at move-in, initial certification, annual recertification and at interim recertification if one of the family composition changes reported is enrollment as a student. Applicant families with an ineligible student are not eligible for prorated assistance, rather they will be rejected. Existing resident families whose family contains an ineligible student will not receive prorated assistance; rather they will have assistance terminated. At this Section 8 property, assistance will not be provided to any individual who is enrolled as either a part-time or full-time student at an institution of higher education for the purpose of obtaining a degree, certificate, or other program leading to a recognized educational credential, and who is: Is under the age of 24; Is not married; Is not a veteran of the United States Military; Does not have a dependent child; Is not a person with disabilities and was not receiving section 8 assistance as of ; Is not living with his or her parents who are receiving Section 8 assistance; Is not individually eligible to receive Section 8 assistance; and Has parents (individually or jointly) who are not income eligible to receive Section 8 assistance. A student must demonstrate his or her independence from, parents. We will be used and the student must meet, at a minimum all of the following criteria to be eligible for Section 8 assistance: (a) Be of legal contract age under state law; and (b) Have established a household separate from parents or legal guardians for at lease one year prior to application for occupancy, or meet the U.S. Department of Education s definition of an independent student; and (c) Not be claimed as a dependent by parents or legal guardians pursuant to IRS regulations; and (d) Obtain a certification of the amount of financial assistance that will be provided by parents even if no assistance will be provided. GROUNDS FOR REJECTION If the applicant is a person with disabilities, they may request a reasonable accommodation to participate in the informal hearing process. We will consider extenuating circumstances where this would be required as a matter for reasonable accommodation. 1. Total family income exceeds the applicable income limits published by HUD. 2. Applicant failed to provide a complete list of all states in which any household member has lived. Mount Rubidoux Manor Resident Selection Plan Page 4

5 3. The household does not meet the age or disability requirements of the property as outlined above in the age requirement section of this plan. 4. Household cannot pay the full security deposit at move-in. 5. Household refuses to accept the second offer of a unit. 6. ANY adult household member fails to attend eligibility interview. 7. Applicant failed to provide adequate verification of income or we are unable to adequately verify income and/or income sources. 8. Providing or submitting false or untrue information on your application or failure to cooperate in any way with the verification process. 9. Unit assignment will NOT be the family s sole place of residency. 10. Inappropriate household size for the unit available (see Occupancy Standards). 11. A family member failed to provide proof of a social security number or otherwise does not meet the Disclosure of Social Security Numbers requirement of this plan. 12. Household does not meet the Restriction on assistance to students section of this plan. 13. Household does not contain at least one American Citizen or Eligible non-citizen as outlined in the Restriction on Assistance to Non-Citizens section of this plan. LANDLORD REFERENCE 14. Negative landlord references that indicate lease violation, disturbing the peace, harassment, poor housekeeping, improper conduct, unauthorized occupants or other negative references against the household. 15. Evictions reported in the last 5 years. 16. History of late payment of rent that demonstrates more than 2 late payments of rent in a six-month period for the past two years. More than 1 NSF in a one-year period. 17. Any evidence of illegal activity including drugs, gang, etc. 18. Any amount showing owed to a landlord or property management company found on credit report or other source. CRIMINAL 19. Conviction of a felony in the past 7 years. 20. Conviction of more than one (1) misdemeanor in the past three (3) years. 21. Listed as a registered sex offender, including who is subject to a lifetime sex offender registration requirement in any state. 22. Conviction of any drug, violent or other criminal activity that would threaten the household safety or right to peaceful enjoyment of the premises. 23. History of violence or drug or alcohol abuse or other potentially disruptive behavior as evidenced by a record of conviction or by documented statements concerning current illegal use or sale of a controlled substance. 24. There is a reasonable cause to believe that a household member s behavior of abuse or pattern of abuse of alcohol may interfere with the health, safety and right to peaceful enjoyment by other residents. GRIEVANCE/APPEAL PROCESS Failure to meet one or more of the foregoing screening criteria may be grounds for rejection, however, each application is considered as a whole and the above-factors are considered as part of a weighted formula. Should the applicants fail to meet the screening criteria, they will receive a notice in writing indicating that they have the right to appeal the decision. This notice must indicate that the applicant has 14 days to dispute the decision. An appeal meeting will be held within 10 business days of receipt of the applicant s request with a Management Agent employee who was Mount Rubidoux Manor Resident Selection Plan Page 5

6 not involved in the rejection of the application. Typically this will be with the Property Supervisor or Compliance Manager. VIOLENCE AGAINST WOMEN ACT The Violence Against Women and Justice Department Reauthorization Act of 2005 protects residents who are victims of domestic violence, dating violence, or stalking from being evicted or terminated from housing assistance based on acts of such violence against them. In accordance with the Violence Against Women Act (VAWA). Management will not penalize victims of domestic violence, stalking, dating violence, or rape. Some key points provided in the Act include: 1. A potential resident who certifies they were the victim of domestic violence may be allowed to be admitted even with poor credit and poor landlord evaluations if he/she can show those negative factors were caused by domestic violence. 2. It assured that victims of domestic violence, sexual assault, etc., can have access to the criminal justice system without facing eviction. 3. Where someone is abusive to other members of the household, only the abuser may be evicted. Furthermore, the standards for eviction due to imminent threat have been strengthened. 4. Residents in assisted housing who face violence may be allowed early lease termination for a matter of safety. Victims must certify their status as victims and that the incident in question was a bona fide incident of domestic violence by presenting appropriate documentation to the Property Manager. Nothing prevents a victim who has committed a crime or violated a lease from being denied, evicted or terminated. ADMINISTRATION OF WAITING LIST The property is required to maintain a Waiting List of all eligible applicants. Applicants must be placed on the Waiting List and selected from the Waiting List even in situations where there are vacancies and the application is processed upon receipt. This procedure is necessary to assure the complete and accurate processing of all documentation for all applicants. The property has one Waiting List that is established and maintained in chronological order based on the date and time of receipt of the Preliminary Application. The Waiting List contains the following information for each applicant: 1. Applicant Name 2. Phone Number(s) 3. Unit Type/Size 4. Household Composition 5. Preference 6. Accessibility requirements 7. Income level 8. Date/Time of Application Applicants must report changes in writing to any of the information immediately. Applicants will have the opportunity to decline the first apartment offered and retain their place on the waiting list. Should the applicant decline the offer of the next available unit, they will be removed from the waiting list. PURGING THE WAITING LIST The Waiting List will be purged periodically. Each applicant will receive a letter from the property, which will request updated information and ask about their continued interest. This letter must be returned within the specified time or their application will be removed from the Waiting List. It is the responsibility of the applicant to maintain a current address with the office in order to receive waitlist correspondence. Any correspondence returned undeliverable will result in application being removed from the waitlist. OPENING/CLOSING OF WAITING LIST The methods of advertising used to announce opening and closing of the Waiting List is contained in our Affirmative Fair Housing Marketing Plan (AFHMP). A copy of this plan is available by request from the site manager. The waiting list shall be closed when the average wait for admission is approximately more than 5 years. A closed waitlist will be re-opened at a time in which the average wait for admission is approximately less than one year. AVAILABILITY OF RESIDENT SELECTION PLAN The Resident Selection Plan shall be posted in a conspicuous and public area at the site. Changes to the Plan will be sent via U.S. mail to all persons on the active Waiting List. When the Waiting List Mount Rubidoux Manor Resident Selection Plan Page 6

7 opens, the Resident Selection Plan will be distributed with applications and are available by request from management. ANNUAL/INTERIM RECERTIFICATION REQUIREMENTS All residents must be re-certified annually. Residents are also required to report all interim changes to management that occur between annually scheduled re-certifications. Requests to add household members after the initial lease signing require an application to be submitted to the Administration and submission to the screening criteria found in this plan. PETS Residents are permitted to keep common household pets in the dwelling unit (subject to the provisions in 24 CFR Part 243 and the pet policy promulgated under 24 CFR Section ). SERVICE or ASSISTANCE animals are not considered pets and are not required to comply with the provisions of the Pet Policy. Service or Assistance animals are those animals specifically required to assist individuals with documented disabilities. Please notify Management if you require a Service or Assistance animal. SECTION 8 UNIT ASSIGNMENT Mount Rubidoux Manor has a HAP contract for 170 Section 8 units. Mount Rubidoux Manor maintains an internal waiting list to fill Section 8 vacancies. The property fills Section 8 vacancies first from the internal resident waiting list and in the case that no existing resident qualifies for or is interested in the Section 8 program, secondly, fills the Section 8 vacancies from the applicant waiting list. To be eligible for the internal waitlist, you must be an existing resident of Mount Rubidoux Manor. Residents of Mount Rubidoux Manor who are interested in the Section 8 program must write a request letter to the office and request placement on the waiting list. The internal resident section 8 waiting list will be operated in a first-request firstserved basis. Section 8 vacancies; whether from the internal or external waiting list will be filled in accordance with the preferences section of this plan. Residents on the internal waiting list must meet the eligibility criteria for the Section 8 program at the time of the initial interview to determine eligibility. ENTERPRISE INCOME VERIFICATION HUD provides the Owner/Agent with information about an applicant s current status as a HUD housing assistance recipient. The Owner/Agent will use the Enterprise Income Verification System (EIV) - the Existing Tenant Search report to determine if the applicant or any member of the applicant household is currently receiving HUD assistance. Nothing prohibits a HUD housing assistance recipient from applying to this property. However, the applicant must move out of the current property and/or forfeit any voucher before HUD assistance on this property will begin. EQUAL HOUSING OPPORTUNITY The Fair Housing Act prohibits discrimination in housing and housing related transactions on the basis of race, color, national origin, sex, religion, familial status, and disability regardless of federal financial assistance. Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color or national origin in any program or activity receiving (HUD) federal financial assistance. The Equal Access to Housing final rule took effect on March 5, 2012; it prohibits housing discrimination based on sexual orientation or gender identity against lesbian, gay, bisexual and transgender individuals in HUD-subsidized, insured and financing programs. Mount Rubidoux Manor does not discriminate on the basis of disability status in the admission or access to, or treatment or employment in, its federally assisted programs and activities. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance. Our Fair Housing Coordinator is designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development s regulations implementing Section 504 (24 CFR, part 8 dated June 2, 1988). Mount Rubidoux Manor Resident Selection Plan Page 7

8 Fair Housing Coordinator 6120 Stoneridge Mall Road, Third Floor Pleasanton, CA Telephone TDD ext Mount Rubidoux Manor is professionally managed by Beacon Communities Mount Rubidoux Manor Resident Selection Plan Page 8