Table of Contents. NHA ACOP i

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2 Table of Contents CHAPTER 1: OVERVIEW OF THE PROGRAM AND PLAN... 1 Mission Statement... 1 Overview and Purpose of the Policy... 1 Contents of the Policy... 1 Updating the Policy... 1 CHAPTER 2: FAIR HOUSING, EQUAL OPPORTUNITY & DOMESTIC VIOLENCE PROTECTIONS... 3 Overview... 3 Nondiscrimination... 3 Discrimination Complaints... 4 Affirmative Marketing... 4 Annual Affirmative Marketing... 4 Limited English Proficiency... 4 Violence Against Women Act (VAWA)... 5 Denying Assistance to Domestic Violence, Dating Violence or Stalking Victims... 5 Terminating Assistance of Domestic Violence, Dating Violence or Stalking Victims and Offenders... 5 Victim Documentation... 5 Terminating Assistance of a Domestic Violence Offender... 6 Confidentiality Requirements... 6 Housing Act Definitions... 7 CHAPTER 3: REASONABLE ACCOMMODATION POLICY... 8 Overview... 8 Legal Authority... 8 Criteria... 8 Person with a Disability... 8 Effective Communication... 9 Reasonable Accommodation...10 Verification of Reasonable Accommodation Request...11 Processing Reasonable Accommodation Requests...11 Denial of Reasonable Accommodation Requests...11 Occupancy of Accessible Units...12 Transfer as Reasonable Accommodation...12 Housing Choice Voucher as Reasonable Accommodation...13 Service or Assistance Animals...13 Right to Appeal/Grievance Process...13 Termination and Reasonable Accommodation...13 Confidentiality of Medical Information...14 CHAPTER 4: ELIGIBILITY & SUITABILITY...15 Overview...15 Basic Eligibility Criteria...15 Family...15 Split Families While on the Waiting List...16 Head of Household...16 Spouse, Co-Head and Other Adult...16 Interdependent Relationship...16 Live-in Aides...17 Income Limits...17 NHA ACOP i

3 Citizenship or Immigration Status...17 Mixed Families...18 Ineligible Families...18 Time Frame for Determination of Citizenship Status...18 Social Security Numbers...19 Photo ID...20 Family Consent to Release of Information...20 Household Member Turning 18 Between Eligibility and Lease Up...20 Criminal Record Screening...21 Screening for Suitability as a Resident...21 Debt Screening...21 Determining Suitability...22 Using EIV Reports for Suitability...22 Criteria for Deciding To Deny Admission...22 Evidence...22 Consideration of Circumstances...23 Removal of a Family Member s Name from the Application...23 Denial Due to Disability...23 Required Denial of Assistance...23 Other Reasons for Denial of Admission...24 Criminal Activity Admissions Screening...24 Previous Behavior...24 Violence Against Women Act (VAWA)...25 Perpetrator Removal or Documentation of Rehabilitation...25 Notice of Denial of Eligibility...25 CHAPTER 5: APPLICATIONS, WAITING LIST & APPLICANT SELECTION...27 Overview...27 Applying for Assistance...27 Placement on the Waiting List...27 Information Contained on the Waiting List...28 Types of Waiting Lists...28 Waiting List Administration...29 Waiting List Update Designated Housing...30 Closing and Opening the Waiting List...30 Removal from the Waiting List...31 Family Outreach...31 Reporting Changes in Family Circumstances...31 Updating the Waiting Lists...31 Admission Preferences...32 Special Admission - Disaster...34 Broad Range of Incomes (Income-Mixing)...34 Deconcentration...35 Notification of Selection...35 Application Interview...36 Final Eligibility Determination...36 CHAPTER 6: OCCUPANCY STANDARDS & APARTMENT OFFERS...37 Overview...37 Determining Apartment Size...37 Family Composition Examples...38 Changes to Occupancy Standards...39 Exceptions to Occupancy Standards...39 NHA ACOP ii

4 Processing Exceptions...39 Apartment Offers...40 Number of Offers...41 Good Cause for Apartment Refusal...42 Apartment Refusal Without Good Cause...43 Apartment Acceptance Outside of Authorized Occupancy Standards...43 Designated Housing...43 CHAPTER 7: INCOME AND ADJUSTED INCOME...44 Overview...44 Annual Income...44 Annual Income Includes...44 Annual Income Exclusions...45 Earned Income Disallowance...47 Household Composition and Income...48 Temporarily Absent Family Members and Income...48 Absent Students...48 Absences Due to Placement in Foster Care...48 Absent Head, Spouse or Co-head...48 Individuals Absent for Medical Reasons...49 Joint Custody of Children...49 Caretaker of a Child...49 Determining Annual Income...50 Seasonal Income...50 Using Up-Front Income...50 Rounding of Income and Deductions...51 Adjusted Income...51 Mandatory Deductions...51 CHAPTER 8: RENT...56 Family Choice in Rents...56 Income Based Rent Calculation...56 Resident Rent...56 Minimum Rent...56 Minimum Rent Hardship Exemption...56 Determination of Rent Hardship Exemption...57 Flat Rent...58 Developing Flat Rent Schedules...58 Annual Update of Flat Rents...58 Choice of Rent...59 Switching from Flat Rent to Income Based Rent Due to Hardship...59 Recertification of Families on Flat Rents...59 Flat Rents and Earned Income Disallowance...59 Flat Rents and Mixed Families...60 Rent Payments...60 Late Fees and Non-Payments...60 CHAPTER 9: VERIFICATION...62 Consent to Release of Information...62 Penalties for Failing to Consent...62 Hierarchy of Verification...62 Requirements for Acceptable Documents...62 General Verification Requirements...63 Substantial Difference...63 NHA ACOP iii

5 Substantial Difference Exists...63 Fraud...63 Use of the Department of Labor (DOL) Verification...64 Use of HUD s Enterprise Income Verification (EIV)...64 Resident Income Data (TID) Reports...64 EIV Identity Verification...64 Written Third Party Written Verification Form...64 When Third-Party Information is Late...65 When Third-Party Verification is Not Required...65 Tenant Declaration...65 Verification of Eligibility for Disabled Deduction...65 Verification of Zero Income...66 CHAPTER 10: LEASING...67 General Leasing Policies...67 Lease Execution...67 Lease Renewal...68 Modifications to the Lease...68 Other Lease Modifications...68 Security Deposits...69 Effective Date of Rent Adjustments...70 Rent Payments...70 Late Fees and Non-Payments...70 Maintenance and Damage Charges...70 Verification of Utility Payments...71 Storage of Items in Yards and on Balconies...71 Pest Control Activities...71 Reporting of Accidents on Premises...71 Automobiles at NHA Developments...71 Satellite Dishes and Antennas...71 Washers and Dryers...72 NHA Issued Resident ID...72 Notice of Move or Intent to Vacate...72 Keys...72 No-Smoking Policy...72 Snow Removal...73 CHAPTER 11: UTILITIES...74 Overview...74 Utility Allowance Revisions...74 Notice Requirements...74 Surcharges for NHA Furnished Utilities...74 Resident Paid Utilities...75 Verification of Utility Payments...75 CHAPTER 12: CONTINUED OCCUPANCY...76 Eligibility for Continued Occupancy...76 Regular Recertification...76 Recertification for Families Paying Flat Rent...76 Criminal Record Check Continued Occupancy...77 Split Families...77 Remaining Family Members...77 Change in Apartment Size...79 Changes in Family and Household Composition...79 NHA ACOP iv

6 New Family and Household Members...79 Departure of a Family or Household Member...80 Absence from the Apartment...80 Military Families Absence from the Unit & Continued Occupancy...80 Death of a Sole Household Member...81 Deceased Household Member of a Multiple Member Household - Surviving Adult Household Members...81 Deceased Household Member of a Multiple Member Household No Surviving Adult Household Members...81 Deceased Household Member and Income Changes...81 Household Member Turning 18 Between Recert Interview & Recert Effective Date...81 Interim Recertification...82 Decrease in Income Due to Imputed Welfare Income...83 Zero Income...83 Visitors...83 Document Requirements...84 Missed Appointments and Deadlines...84 Timely Reporting of Accurate Information...85 Misrepresentation of Information...85 Effective Date of Rent Adjustments...85 Recertification, Rent Payment and Rent Change When Eviction/Legal Action/Termination are Pending...86 CHAPTER 13: INSPECTIONS...87 Overview...87 Types of Inspections...87 Move-In Inspections...87 Move-Out Inspections...87 Annual Inspections...87 Quality Control Inspections...88 Housekeeping Inspections...88 Special Inspections...88 HUD Inspections...88 Other Inspections...88 Notice of Entry Non Emergency...88 Notice of Entry Emergency...89 Scheduling of Inspections...89 Attendance at Inspections...89 Inspection Results...89 Emergency Repairs...89 Non-Emergency Repairs...90 Resident Caused Damages...90 Smoke Detectors...90 CHAPTER 14: TRANSFERS...91 Overview...91 Types of Transfers...91 Emergency...91 Administrative Transfers...92 Mandatory Transfers...94 Hierarchy of Transfers...94 Verification of Reason for Transfer...95 Transfer Screening...96 NHA ACOP v

7 Processing Transfers...97 Apartment Offers...98 Good Cause Refusal of Apartment Offers...98 Cost of Transfers...99 Security Deposits at the Time of Transfer...99 Deconcentration...99 Recertification...99 Transfer Review Inter-Program Transfers CHAPTER 15: COMMUNITY SERVICE Overview Resident Requirements NHA Obligations Definitions Notification Requirements Documentation and Verification Determination of Compliance Change in Status Between Annual Determinations Non-Compliance of a Non-Exempt Family Member CHAPTER 16: PETS Introduction Assistance Animals Approval of Assistance Animals Care and Handling of Assistance Animals Pet Policies for All Developments Overview Registration of Pets Refusal to Register Pets Pet Agreement Standards for Pets Definition of Common Household Pet Pet Restrictions Number of Pets Pet Rules Pet Area Restrictions Designated Pet/No-Pet Areas Resident Absence Cleanliness Alterations to Apartment Noise Pet Care Responsible Parties Pets Temporarily on the Premises Pet Rule Violations Notice for Pet Removal Pet Removal Termination of Tenancy Emergencies Pet Related Damages During Occupancy Other Pet Requirements Pet Fees NHA ACOP vi

8 Refundable Pet Fees: General Occupancy Developments Payment of Refundable Pet Fee: General Occupancy Developments Refund of Refundable Pet Fee: General Occupancy Developments Refundable Pet Fees: Elderly/Disabled Developments Refund of Pet Fee: Elderly/Disabled Developments CHAPTER 17: LEASE TERMINATIONS General Policy Lease Termination Definitions Resident Chooses to Terminate Guidelines for Termination Based on Criminal Background Mandatory Termination Failure to Provide Consent Failure to Provide Documentation of Citizenship Failure to Provide Social Security Number Documentation Failure to Accept NHA s Offer of a Lease Revision Methamphetamine Conviction Non-Compliance with Community Service Requirements Other Authorized Reasons for Termination Drug Crime On or Off the Premises Illegal Use of a Drug Threat to Other Residents Alcohol Abuse Furnishing False or Misleading Information Concerning Illegal Drug Use or Alcohol Abuse Other Serious or Repeated Violations of Material Terms of the Lease Other Good Cause Reason for Termination Absence from the Apartment Alternative to Termination of Tenancy Criteria for Deciding to Terminate Tenancy Lease Termination Notice Timing of the Notice Notice of Termination Based on Citizenship Status Eviction Notification to Post Office Disclosure of Criminal Records to Family Recertification, Rent Payment and Rent Change When Eviction/Legal Action/Termination are Pending CHAPTER 18: INFORMAL HEARINGS Overview Informal Hearing Process Notice of Denial Applicant Response Schedule of an Informal Hearing Informal Hearing Officer Conducting an Informal Hearing Informal Hearing Decision Reasonable Accommodation for Persons with Disabilities Informal Hearings with Regard to Non-Citizens United States Citizenship and Immigration Services Appeal Process Informal Hearing Procedure for Residents Record Retention USCIS Appeals NHA ACOP vii

9 CHAPTER 19: PROGRAM ADMINISTRATION Repayment of Debt Resident Repayment Repayment Agreement Guidelines Records Management Upfront Income Verification Records Management Criminal Records Management Medical/Disability Records Management Termination Records Management Reporting Requirements Environmental Intervention Blood Lead Level CHAPTER 20: PROGRAM INTEGRITY Preventing Errors and Program Abuse Investigating Errors and Program Abuse Consent to Release of Information Analysis and Findings Notice and Appeals Reimbursement Family Caused Errors and Program Abuse NHA Caused Errors or Program Abuse Criminal Prosecution DEFINITIONS EXHIBITS Exhibit One: Disabled Individual for Exemption from Community Service Exhibit Two: Guidelines for Denial/Termination Based on Criminal Background NHA ACOP viii

10 CHAPTER 1: OVERVIEW OF THE PROGRAM AND PLAN Mission Statement The Newark Housing Authority s (NHA) mission is to invest in its families by building and maintaining affordable housing to encourage economic independence and healthy communities Overview and Purpose of the Policy This Admissions and Continued Occupancy Policy (ACOP) is the policy of the Board of Commissioners of the Newark Housing Authority (NHA) governing Public Housing occupancy in properties NHA owns. The ACOP is NHA s written statement of policies used to carry out the housing program in accordance with federal law and regulations, and HUD requirements. The ACOP is required by HUD and it must be available for public review [CFR 24 Part 903]. The ACOP also contains policies that support the objectives contained in NHA s Agency Plan. All issues related to Public Housing not addressed in this ACOP are governed by federal regulations, HUD handbooks and guidebooks, notices and applicable state and local laws. The policies in this ACOP have been designed to ensure compliance with the consolidated Annual Contributions Contract (ACC) and all HUD-approved applications for program funding. NHA is responsible for complying with all changes in HUD regulations pertaining to Public Housing. If such changes conflict with this plan, HUD regulations will have precedence. Contents of the Policy Individual HUD regulations contain requirements for inclusion in NHA s written policy. Minimally, the ACOP covers NHA policies on these subjects: The organization of the Waiting List and how families are selected and offered available units, including any NHA admission preferences, procedures for removing applicant names from the Waiting List, and procedures for closing and reopening NHA Waiting List; Transfer policies and the circumstances under which a transfer would take precedence over a new admission; Standards for determining eligibility, suitability for tenancy, and the size and type of the apartment needed; Procedures for verifying the information the family has provided; The method for achieving deconcentration of poverty and income-mixing of Public Housing developments; Policies concerning payment by a family to NHA of amounts the family owes NHA; Interim redeterminations of family income and composition; Policies regarding community service requirements; and Policies and rules about safety and ownership of pets in Public Housing at NHA. Updating the Policy NHA will review and update the ACOP, to comply with changes in regulations, NHA operations, or when needed to ensure staff consistency in operation. On an ongoing basis, NHA may make minor, nonsubstantive modifications to the ACOP in order to clarify existing policies and procedures and/or to NHA ACOP Page 1 of

11 correct editing errors. The original policy and any changes will be approved by NHA s Board of Commissioners. Pertinent sections of the ACOP will be included in the Agency Plan, and a copy provided to HUD. NHA ACOP Page 2 of

12 CHAPTER 2: FAIR HOUSING, EQUAL OPPORTUNITY & DOMESTIC VIOLENCE PROTECTIONS Overview Federal law prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial status, and disability. NHA will comply fully with all federal, state, and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including: a. Title VI of the Civil Rights Act of 1964, which forbids discrimination on the basis of race, color, religion, national origin or sex; 24 CFR 1, 100, 107 and 146; b. Title VIII of the Civil Rights Act of 1968 (as amended by the 1974 HCDA and the Fair Housing Amendments Act of 1988), which extends protection against discrimination based on disability and familial status, and spells out forms of prohibited discrimination; 24 CFR 100; c. Executive Order as amended by Executive Order 12259; d. Section 504 of the Rehabilitation Act of 1973, which describes specific housing rights of persons with disabilities; 24 CFR 8; e. Age Discrimination Act of 1975, which establishes certain rights of the elderly; 24 CFR 146; f. Title II of the Americans with Disabilities Act and the Fair Housing Amendments. Title II deals with common areas and public space, not living units; and g. The Violence against Women Act of 2005 (VAWA) h. Any applicable State laws or local ordinances. Nondiscrimination 1. NHA shall not discriminate because of race, color, national origin, sex, religion, familial status, gender identify, marital status or disability in the leasing, rental, occupancy, use, or other disposition of housing or related facilities, including land that is part of a development under NHA s jurisdiction covered by a Public Housing Annual Contributions Contract with HUD. Other rights of applicants and residents are listed in the Discriminatory Conduct Under the Fair Housing Act. 2. NHA shall not deny admission to otherwise qualified applicants because of their membership in some group to which negative behavior may be imputed. Instead, the resident selection criteria to be established and information to be considered shall be reasonably related to individual attributes and behavior of an applicant. 24 CFR (a) 3. NHA shall not permit these policies to be subverted to do personal or political favors. Further, NHA will offer units only in the order prescribed by this policy since any other method violates the policy, federal law, and the civil rights of the other families on the Waiting List. 24 CFR (e) NHA s method for selecting applicants will provide a clear audit trail that can be used to verify that each applicant has been selected in accordance with the method specified in NHA plan. 4. NHA will make determinations of eligibility for housing in accordance with the eligibility requirements provided for such program by HUD, and such housing shall be made available without regard to actual or perceived sexual orientation, gender identity, or marital status. Gender identity means actual NHA ACOP Page 3 of

13 or perceived gender-related characteristics. Sexual orientation means homosexuality, heterosexuality, or bisexuality. 5. NHA will not make any inquiries related sexual orientation or gender identity. NHA will not inquire about the sexual orientation or gender identity of an applicant for, or occupant for the purpose of determining eligibility for the housing or otherwise making such housing available. This prohibition on inquiries regarding sexual orientation or gender identity does not prohibit any individual from voluntarily self-identifying sexual orientation or gender identity. This prohibition on inquiries does not prohibit lawful inquiries of an applicant or occupant's sex where the housing provided or to be provided to the individual is temporary, emergency shelter that involves the sharing of sleeping areas or bathrooms, or inquiries made for the purpose of determining the number of bedrooms to which a household may be entitled. Discrimination Complaints The family should advise NHA if an applicant or resident family believes that any family member has been discriminated against by NHA. NHA will make every reasonable attempt to determine whether the applicant or resident family assertions have merit and take any warranted corrective action. NHA will provide a copy of a discrimination complaint form to the complainant and provide them with information on how to complete and submit the form to HUD s Office of Fair Housing and Equal Opportunity (FHEO). Discrimination complaint information and forms are available on the HUD website at (Public Housing Occupancy Guidebook PHOG Pg. 15) Affirmative Marketing It is the responsibility of NHA and its contract management agents to conduct all marketing activities in an open and clear manner. Marketing and informational materials will comply with Fair Housing Act requirements. Annual Affirmative Marketing In order to identify and then market effectively to those eligible families least likely to apply, NHA, or its contractor, shall perform annual affirmative marketing analyses which may include: 1. Demographic breakdowns of properties and Waiting Lists 2. Determination of the number and percentage of income eligible families by income tiers 3. Determine under-served populations within the City 4. Determine the number, size and type of units likely to become vacant over the next 24 months and determine if Waiting Lists should be closed and/or re-opened 5. Design marketing strategies to reach those under-served families Limited English Proficiency NHA ACOP Page 4 of

14 NHA will consider the following four factors to ensure meaningful access to its programs for situations in which the size of the language group meets the minimum Federal Register chart: 1. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or grantee; 2. The frequency with which LEP persons come in contact with the program; 3. The nature and importance of the program, activity, or service provided by the program to people s lives; and 4. The resources available and related costs. Violence Against Women Act (VAWA) The purpose of this policy is to implement applicable provisions of the Violence against Women Act of 2005 and to set forth NHA s policies regarding domestic violence, dating violence, and stalking. Notwithstanding its title, this policy is gender-neutral, and its protections are available to males who are victims of domestic violence, dating violence, or stalking as well as female victims of such violence. (PIH Notice ) Denying Assistance to Domestic Violence, Dating Violence or Stalking Victims No applicant to NHA s Public Housing Program who has been a victim of domestic violence, dating violence, or stalking shall be denied admission into the program if they are otherwise qualified. Terminating Assistance of Domestic Violence, Dating Violence or Stalking Victims and Offenders The Violence against Women Act of 2005 (VAWA) provides that criminal activity directly relating to domestic violence, dating violence, or stalking, engaged in by a member of a resident s household or any guest or other person under the resident s control shall not be a cause for termination of assistance, tenancy, or occupancy rights if the resident or an immediate member of the resident s family is the victim or threatened victim of that domestic violence, dating violence, or stalking. NHA may exercise its authority to terminate assistance to any individual who is a resident or lawful occupant and who engages in criminal acts of physical violence against family members or others, without evicting, removing, terminating assistance to, or otherwise penalizing the victim of such violence who is also a resident or lawful occupant. VAWA does not limit NHA s authority to terminate the assistance of any participant if NHA can demonstrate an actual and imminent threat to other residents or those employed at or providing service to the property if that resident is not evicted or terminated from assistance. Victim Documentation When a participant family is facing termination of assistance because of the actions of a participant, household member,, or other person under the participant s control and a participant or immediate family member of the participant s family claims that she or he is the victim of such actions and that the actions NHA ACOP Page 5 of

15 are related to domestic violence, dating violence, or stalking, NHA will require the individual to submit documentation affirming that claim. NHA will accept one of three methods for certification of a claim: A completed HUD form 50066, which NHA will make available to a participating family upon request and/or A Federal, State, tribal, territorial, local police or court record and/or Documentation signed and attested to by a knowledgeable professional, from whom the victim has sought assistance in addressing domestic violence, dating violence or stalking, or the effects of abuse, in which the professional attests under penalty of perjury to the professional s belief that the incident or incidents in question are bona fide incidents of abuse, and the victim of domestic violence or stalking has signed or attested to the documentation. The required certification and supporting documentation must be submitted to NHA within 14 business days after NHA issues their written request. The 14-day deadline may be extended at NHA s discretion. If the individual does not provide the required certification and supporting documentation within 14 business days, or the approved extension period, NHA may proceed with termination of assistance. If NHA can demonstrate an actual and imminent threat to other participants or those employed at or providing service to the property, if the participant s tenancy is not terminated, NHA will bypass the standard process and proceed with the immediate termination of the family s assistance. Terminating Assistance of a Domestic Violence Offender Although VAWA provides termination protection for victims of domestic violence, it does not provide protection for offenders. NHA may exercise its explicit authority to terminate assistance to any individual who is a resident or lawful occupant and who engages in criminal acts of physical violence against family members or others without terminating assistance to, or otherwise penalizing the victim of such violence who is also a resident or lawful occupant. This authority supersedes any local, state, or other federal law to the contrary. However, if NHA chooses to exercise this authority, NHA will follow any procedures prescribed by HUD or by applicable local, state, or federal law regarding termination of assistance [Pub.L ]. When the actions of a participant or other family member result in a decision to terminate the family s assistance and another family member claims that the actions involve criminal acts of physical violence against family members or others, NHA will request that the victim submit the required certification and supporting documentation in accordance with the stated timeframe. If the certification and supporting documentation are submitted within the required timeframe, or any approved extension period, NHA will terminate only the offender s assistance. If the victim does not provide the certification and supporting documentation, as required, NHA will proceed with termination of the family s assistance. If NHA can demonstrate an actual and imminent threat to other residents or those employed at or providing service to the property if the participant s tenancy is not terminated, NHA will bypass the standard process and proceed with the immediate termination of the family s assistance. Information requirements related the termination notices and VAWA can be found in the chapter on Lease Termination. Confidentiality Requirements All information provided to NHA regarding domestic violence, dating violence, or stalking, including the fact that an individual is a victim of such violence or stalking, must be retained in confidence and may NHA ACOP Page 6 of

16 neither be entered into any shared database nor provided to any related entity, except to the extent that the disclosure (a) is requested or consented to by the individual in writing, (b) is required for use in an eviction proceeding, or (c) is otherwise required by applicable law. NHA will maintain information regarding domestic violence, dating violence, or stalking in a sealed envelope in the resident s file. Housing Act Definitions The following definitions which are related to VAWA can be found in the definitions section of the ACOP: 1. Domestic Violence: 2. Dating Violence: 3. Stalking: 4. Immediate Family Member: NHA ACOP Page 7 of

17 CHAPTER 3: REASONABLE ACCOMMODATION POLICY Overview The Newark Housing Authority ( NHA ) is required to make reasonable adjustments to its rules, policies and procedures in order to enable an applicant or resident with a disability to have an equal opportunity to use and enjoy the housing unit, common areas of a dwelling or participate in or access programs and activities conducted or sponsored by NHA or a recipient. These types of adjustments are also known as a Reasonable Accommodation. NHA is committed to making these reasonable accommodations unless doing so would result in a fundamental alteration in the nature of the program; or cause an undue financial and administrative burden 1. In such case, NHA will recommend a reasonable accommodation that would achieve to the maximum extent possible the same benefits without causing a financial and administrative burden. Legal Authority NHA is subject to Federal civil rights laws and regulations. This Reasonable Accommodation Policy is based on the following statutes or regulations and the respective implementing regulations for each Act: Section 504 of the Rehabilitation Act of 1973 (Section 504) See 29 U.S.C. 794; 24 C.F.R. Part 8; Title II of the Americans with Disabilities Act of 1990 (ADA) See 42 U.S.C et seq.; The Fair Housing Act of 1968, as amended (Fair Housing Act) See 42 U.S.C ; 24 C.F.R. Part 100; and The Architectural Barriers Act of 1968, See 42 U.S.C Criteria The Reasonable Accommodation Policy applies to the following qualified individuals with disabilities in NHA s Public Housing program: 1. Applicants of the Public Housing Program; 2. Residents of Public Housing developments; and 3. Participants in all other programs or activities receiving Federal financial assistance that are conducted or sponsored by NHA, its agents or contractors including all non-housing facilities and common areas owned or operated by NHA. Person with a Disability Under the ADA, an individual with a disability is a person who: 1. has a physical or mental impairment that substantially limits one or more major life activities; 1 24 C. F. R (a) (2) (b) NHA ACOP Page 8 of

18 2. has a record of such an impairment; or 3. is regarded as having such an impairment. The term physical impairment is defined by the ADA as "Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine." A mental impairment is defined by the ADA as: "[a]ny mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities An impairment is a "disability" under the ADA only if it substantially limits one or more major life activities. An individual must be unable to perform, or be significantly limited in the ability to perform, an activity compared to an average person in the general population. The regulations provide three factors to consider in determining whether a person's impairment substantially limits a major life activity: 1. its nature and severity; 2. how long it will last or is expected to last; 3. its permanent or long term impact, or expected impact. To be a disability covered by the ADA, an impairment must substantially limit one or more major life activities. These are activities that an average person can perform with little or no difficulty. Examples include walking, seeing, hearing, speaking, breathing, learning, performing manual tasks, caring for oneself, and working. These are examples only. Other activities such as sitting, standing, lifting, or reading are also major life activities. The definition of disability does not include any individual who is an alcoholic; whose current use of alcohol prevents the individual from participating in the Public Housing program or activities; or whose participation, by reason of such current alcohol abuse, would constitute a direct threat to property or the safety of others. Effective Communication NHA will provide accessible materials for persons with sight and hearing impairments and otherwise provide effective communication, upon request. NHA will provide appropriate auxiliary aids and services, where necessary to afford an individual with disabilities an equal opportunity to participate in NHA s programs, services and activities. NHA is not required to provide individually prescribed devices, readers for personal use or study, or other devices of a personal nature 2. NHA will ask whether an applicant, resident, or member of the public requires an alternate form of communication. Examples of alternative forms of communication might include, but are not limited to: 1. Provision of a qualified sigh language interpreter; 2. Having written materials explained orally by staff either in person or by telephone; 3. Assist a person with a disability complete applications or forms; 2 24 C. F. R. 8.6 NHA ACOP Page 9 of

19 4. Provision of written materials in large/bold font; and 5. Providing information on audiocassette Reasonable Accommodation NHA will ask all applicants and resident families if they require a reasonable accommodation at application and at recertification. In addition, a resident may request a reasonable accommodation throughout their residency at NHA. Individuals may submit their Reasonable Accommodation request in writing or make the request orally or by any other effective means of communication. Reasonable Accommodation requests received verbally will be recorded in a written format. NHA may request documentation to verify the need for the requested accommodation. NHA will not require applicants or residents to provide access to confidential medical records in order to verify a disability. NHA will not request information that specifies the nature or extent of the individual(s) disability(s). There are no limitations on how many times a person with a disability may request a reasonable accommodation. A person with a disability may need to make additional requests as their needs change. A Reasonable Accommodation will allow and applicant or resident with a disability to meet essential requirements of tenancy; it does not require NHA to reduce or waive essential eligibility or residency requirements. NHA is not required to allow an individual to participate in its housing program when and individual poses a direct threat to the health or safety of others 3. Examples of Reasonable Accommodations may include, but are not limited to: 1. Making an apartment, part of an apartment or public and common use features accessible for the head of household or a household member with a disability who is on the lease; 2. Permitting a family to have a service or assistance animal necessary to assist a family member with a disability; 3. Allowing a live-in aid to reside in an appropriately sized NHA apartment; 4. Transferring a resident to a larger size apartment to provide a separate bedroom for a person with a disability; 5. Transferring a resident to an apartment on a lower level or an apartment that is completely on one level; 6. Making documents available in large type, computer disc or Braille; 7. Providing qualified sign language interpreters for applicant or resident meetings with NHA staff; or at resident meetings; 8. Installing strobe type flashing lights and other such equipment for a family member with a hearing impairment; 3 24 C. F. R (a) (b) (c) NHA ACOP Page 10 of

20 9. Permitting an outside agency or family member to assist a resident or an applicant in meeting screening criteria or meeting essential lease obligations; 10. Permitting requests for extensions of Housing Choice Vouchers if there is difficulty in locating an apartment with suitable accessible features or otherwise appropriate for the family; and 11. As a Reasonable Accommodation for a family member with a disability, approving a request for exception payment standard amounts under the Housing Choice Voucher Program in accordance with 24 C.F.R and (b)(2). Verification of Reasonable Accommodation Request NHA may request documentation of the need for a Reasonable Accommodation. NHA may verify a person s disability only to the extent necessary to ensure that individuals who have requested a Reasonable Accommodation have a verified need for the requested accommodation. However, NHA will not require individuals to disclose confidential medical records in order to verify a disability. In addition, NHA will not require specific details regarding the individual s disability. NHA will only request documentation to confirm the disability-related need(s) for the requested Reasonable Accommodation(s). NHA will not require the individual to disclose the nature or extent of the individual s disability(ies). The following individuals/entities may provide verification of a resident s disability and the need for the requested accommodation(s): 1. Physician; 2. Licensed health professional; 3. Professional representing a social service agency; or 4. Disability agency or clinic. Processing Reasonable Accommodation Requests NHA will provide the Reasonable Accommodation Package to applicants, residents or individuals with disabilities who request a Reasonable Accommodation. The Reasonable Accommodation Package includes the Request for Reasonable Accommodation Form, examples of Reasonable Accommodations, and general practices for providing Reasonable Accommodations. Individuals may submit their Reasonable Accommodation request(s) in writing, orally, or by any other equally effective means of communication. However, NHA will ensure that all Reasonable Accommodation requests are transferred to written format. If needed as a Reasonable Accommodation, NHA will assist the individual in completing the Request Form. Denial of Reasonable Accommodation Requests Requested accommodations will not be approved if one of the following would occur as a result: 1. A violation of State and/or federal law; 2. A fundamental alteration in the nature of NHA Public Housing program; NHA ACOP Page 11 of

21 3. An undue financial and administrative burden on NHA; 4. A structurally infeasible alteration; or 5. An alteration requiring the removal or alteration of a load-bearing structural member. Occupancy of Accessible Units NHA shall take reasonable non-discriminatory steps to maximize the utilization of accessible units by qualified individuals whose disability requires an accessible apartment or an apartment with accessible features. NHA will pay reasonable moving expenses to transfer a resident with a disability to an accessible unit as an accommodation for the resident s disability. When an accessible apartment becomes available NHA shall: 1. Offer the apartment to a qualified resident with a disability that is currently residing in an inaccessible apartment; resides at the development where the vacancy is located and requires the features of the vacant accessible apartment. 2. If there is no current resident in the same development who requires the accessible apartment or accessibility features of the vacant apartment, accessible apartment, NHA will offer the apartment to a current qualified resident with disabilities residing in another development that requires the accessibility features of the vacant, accessible apartment; 3. If there is no current qualified resident who requires the accessibility features of the vacant, accessible apartment, NHA will offer the vacant, accessible apartment to an eligible, qualified applicant with disabilities on NHA Waiting List who can benefit from the accessible features of the available, accessible apartment; and 4. If there is not a qualified resident or applicant with disabilities on the Waiting List who has made a request to reside in the available, accessible apartment, then NHA may, subject to the established new admission/transfer ratios, offer the apartment to an applicant on the Waiting List who does not need the accessible features of the apartment. However, NHA will require the applicant to execute a lease or lease rider that requires the resident to relocate, at NHA s expense, to a non-accessible apartment within thirty (30) days of notice by NHA that there is an eligible applicant or existing resident with disabilities who requires the accessibility features of the apartment. Transfer as Reasonable Accommodation A current resident will receive one offer of an accessible apartment before the resident is removed from the transfer waiting list. If residents or applicants have verified good cause refusals, then more than one offer of an accessible apartment may be made. NHA shall not require a resident with a disability to accept a transfer in lieu of providing a Reasonable Accommodation. However, if a Public Housing resident with a disability requests dwelling apartment modifications that involve structural changes, including, but not limited to widening entrances, rooms, or hallways, and there is a vacant, comparable, appropriately sized UFAS-compliant apartment in that resident s development or an adjacent development, NHA may offer to transfer the resident to the vacant apartment in resident s development or adjacent development in lieu of providing structural modifications. However, if that resident rejects the proffered transfer or voucher, NHA shall make modifications to the NHA ACOP Page 12 of

22 resident s apartment unless doing so would be structurally impracticable or would result in an undue financial and administrative burden. If the resident accepts the transfer, NHA shall pay the reasonable moving expenses to transfer a resident with a disability to an accessible apartment as an accommodation for the resident s disability. Housing Choice Voucher as Reasonable Accommodation 1. When issuing a voucher as an accommodation, NHA shall include a list of current available accessible units known to NHA, upon request. NHA will also provide search assistance. NHA may also partner with a qualified, local disability organization to assist the resident or applicant with the search for available, accessible housing. See 24 C.F.R Extensions beyond the maximum term of one hundred eighty (180) days are available as a Reasonable Accommodation to eligible individuals with disabilities. These extensions are subject to documentation that a diligent effort to locate an apartment has been conducted considering any impediments to searching because of a family member s disability. 3. NHA may, if necessary as a Reasonable Accommodation for an individual with a disability, approve a family s request for an exception payment standard amount under the Housing Choice Voucher Program so that the program is readily accessible to and usable by individuals with disabilities. See 24 C.F.R and (b)(2). 4. Upon request by an applicant, participant, or their representative, NHA will ask the HUD Field Office for an exception payment standard up to 120% of the Fair Market Rent (FMR). However, the applicant, participant or the representative, must provide documentation of the need for the exception payment standard to NHA. 5. In exceptional cases, NHA may ask the Assistant Secretary for Public and Indian Housing of HUD for an exception payment standard amount over 120% of the FMR, provided the applicant, participant or the representative provides the appropriate supporting documentation. Service or Assistance Animals Residents of NHA with disabilities are permitted to have assistance animals, if such animals are necessary as a Reasonable Accommodation for their disabilities. NHA residents or potential residents who need an assistance animal as a Reasonable Accommodation must request the accommodation in accordance with the Reasonable Accommodation policy. Assistance and service animals are not subject to the requirements of NHA s Pet Policy. See ACOP Chapter on Pets for detailed policies related to assistance animals. Right to Appeal/Grievance Process The Public Housing program, Housing Choice Voucher Program and Moderate Rehabilitation Program applicants or residents may file a complaint in accordance with NHA s Grievance Procedure following a formal determination by NHA s ADA/504 Coordinator. Termination and Reasonable Accommodation NHA ACOP Page 13 of

23 A head of household or co-head may request a reasonable accommodation at any time during tenancy, up until eviction or forcible removal. If the family includes a person with disabilities, NHA s decision to terminate the family s lease is subject to consideration of Reasonable Accommodation in accordance with 24 CFR Part 8. If a family indicates that the behavior of a family member with a disability is the reason for a proposed termination of lease, NHA will determine whether the behavior is related to the disability. If so, upon the family s request, NHA will determine whether alternative measures are appropriate as a Reasonable Accommodation. NHA will only consider accommodations that can reasonably be expected to address the behavior that is the basis of the proposed lease termination. Confidentiality of Medical Information NHA will destroy or return any medical documentation that states the nature or extent of a person s disability. All other pertinent information will remain in the applicant/resident file. NHA ACOP Page 14 of

24 CHAPTER 4: ELIGIBILITY & SUITABILITY Overview NHA is responsible for ensuring that every individual and family admitted to the Public Housing program meets all program eligibility requirements. This includes any individual approved to join the family after the family has been admitted to the program. The family must provide any information needed by NHA to confirm eligibility and determine the level of the family s assistance. To be eligible for NHA Public Housing program, the applicant family must: 1. Qualify as a family as defined by HUD; 2. Have income at or below HUD-specified income limits at the time of admission; 3. Qualify on the basis of citizenship or the eligible immigrant status of family members; 4. Provide social security number information for family members as required; 5. Consent to NHA s collection and use of family information as provided for in NHA-provided consent forms; and 6. Meet the Applicant Selection and Suitability Criteria, including a NHA approved pre-occupancy orientation session, once established. Basic Eligibility Criteria Family Applicants must qualify as a Family as defined in 24 CFR part 5.403: Family includes, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status: A single person, who may be an elderly person, displaced person, disabled person, near-elderly person, or any other single person; or A group of persons residing together, and such group includes, but is not limited to: o A family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family); o An elderly family; o A near-elderly family; o A disabled family; o A displaced family; and o The remaining member of a tenant family. Each family must identify the individuals to be included in the household at the time of application, and must update this information if the family s composition changes. NHA ACOP Page 15 of

25 Split Families While on the Waiting List When a family on the Waiting List breaks up into two otherwise eligible families, only one of the new families will retain the original application date. Other former family members may make a new application with a new application date if the Waiting List is open. If a court determines the disposition of property between members of the applicant or resident family in a divorce or separation decree, NHA will abide by the court's determination. In the absence of a judicial decision or an agreement among the original family members, NHA will determine which family retains their placement on the Waiting List taking into consideration the following factors: (1) the interest of any minor children, including custody arrangements, (2) the interest of any ill, elderly, or disabled family members, (3) any possible risks to family members as a result of domestic violence or criminal activity, and (4) the recommendations of social service professionals. If the head of household dies, only another adult on the existing application may take over as head of household. If there are no other adults on the application, NHA, may on a case by case basis, allow another adult to become the head of household if there are minor children and if the other adult can prove legal custody of the minor children. Head of Household Head of household means the adult member of the family who is considered the head for purposes of determining income eligibility and rent. The head of household is responsible for ensuring that the family fulfills all of its responsibilities under the program, alone or in conjunction with a co-head or spouse. [24 CFR 5.504(b)] The family may designate any qualified adult family member as the head of household. The head of household must have the legal capacity or guardianship to enter into a lease under state and local law. A minor who is emancipated under state law may be designated as head of household. Spouse, Co-Head and Other Adult A family may have a spouse or co-head, but not both [HUD IB, p. 13]. Spouse means the marriage partner of the head of household. A marriage partner includes the partner in a "common law" marriage as defined in state law. The term spouse does not apply to friends, roommates, or significant others who are not marriage partners A co-head is an individual in the household who is equally responsible with the head of household for ensuring that the family fulfills all of its responsibilities under the program, but who is not a spouse. A family can have only one co-head. Minors who are emancipated under state law may be designated as a head, co-head or spouse. Other adult means a family member, other than the head, spouse, or co-head, who is 18 years of age or older. Foster adults and live-in aides are not considered other adults [HUD IB, p. 14]. Interdependent Relationship To claim an interdependent relationship, individuals must demonstrate and certify that each individual s income and other resources will be available to meet the needs of the family and that the family otherwise NHA ACOP Page 16 of