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4/6/2015

Copyright RBD 2015 ‐ for Leading Age NY 1

The Art of Developing PoliciesA Look At Requirements, Trends & Challenges

The Art of Developing Policies

Tenant Selection PlansHouse RulesPet RulesReasonable Accommodation/ModificationAssistance Animal RulesVAWA Policies

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Looking at Current Policies

Resident Selection Plans

House Rules

Pet/Assistance Animal Rules

Fair Housing Policies

Reasonable Accommodation/Modification◦ Fair Housing◦ Section 504

VAWA Policies◦ VAWA 2005◦ VAWA Reauthorization of 2013

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The Process

Evaluate Current Policies

Identify Challenges

Address Challenges

◦ HUD Rules

◦ Fair Housing Considerations

THE RESIDENT SELECTION PLAN

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Required Topics Project eligibility requirements:

◦ Project-specific requirements ◦ Citizenship requirements ◦ Social security number requirements

Income limits Procedures for accepting applications and selecting from the waiting list:

◦ Procedures for accepting applications and pre-applications ◦ Procedures for applying preferences (including income-targeting in Section 8 properties) ◦ Applicant screening criteria ◦ Required drug-related or criminal activity criteria;◦ Other allowable screening criteria; and◦ Procedures for rejecting ineligible applicants

Occupancy standards Unit transfer policies, including selection of in-place residents versus applicants from the

waiting list when vacancies occur Policies to comply with Section 504 of the Rehabilitation Act of 1973 and the Fair

Housing Act and other relevant civil rights laws and statutes Policy for opening and closing the waiting list for the property Eligibility of students VAWA (Change 4 – Section 8 only)

Recommended Topics Applicant notification and opportunity to supplement

information already provided Procedures for identifying applicant needs for the features of

accessible units or reasonable accommodations Updating the waiting list Policy for notifying applicants and potential applicants of

changes in the tenant selection plan Procedures for assigning units with originally constructed

design features for persons with physical disabilities Charges for facilities and services Security deposit requirements Unit inspections Annual recertification requirements Interim recertification reporting policies Implementation of House Rule changes

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Change 4 – Paragraph 4-4*VAWA protections (applicable to the Section 8 program only). The plan, as well as House Rules where applicable, must include policies and procedures covering the VAWA protections.

Owner policies must support or assist victims of domestic violence, dating violence or stalking and protect victims, as well as members of their family, from being denied housing or from losing their HUD assisted housing as a consequence of domestic violence, dating violence or stalking.

VAWA Reauthorization of 2013

The Violence Against Women Reauthorization Act of 2013 is not discussed in Change 4.

Be aware that changes to requirements ◦ Are coming and ◦ Will affect many assisted housing programs

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HUD Queries

Question: We recognize that HUD needed to issue Change 4.

That being said, when do you anticipate incorporating in the

changes required by VAWA 2013? Do you anticipate this being

accomplished by notice?

Answer: There will be a notice published on VAWA 2013. It is expected that Change 5 to the

handbook will include any requirements published in this

VAWA 2013 notice.

Question: When do you anticipate Change 5 coming

out?

Answer: We do not have an anticipated date at this time

Current Status???

As of this writing, no notice has been issued

Strongly suggest that owner/agents add language to tenant selection plans for non-Section 8 programs (PRAC, 236, Tax Credits, etc.)

Language will be slightly different than the Section 8 language

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Other Topics

Business Relationship

Smoking Policies

Pets

Misrepresentation

Right to Refusal

Let’s Take a Look at a Sample Tenant Selection Plan

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HOUSE RULES

Requirements HUD has few

Guidance Provided in HH 4350.3 R1, C4, Paragraph 6-9

State Laws

General Considerations

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Topics Alcohol Marijuana Criminal Behavior Guns Guests Entries Extended Absence Pests Community Rooms Home Based Business Parking Lots Etc.

Special Consideration

Scooter Policies

Oxygen Policies

Tenant Organizations

Removal of Contents in the Case of Death

Adding a new household member when notice to move has been given (cheating)

Lease Violations

VAWA 2013

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Let’s Take a Look at a Sample Set ofHouse Rules

PET/ASSISTANCE ANIMAL POLICIES

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Can I Do That?

Pet Rules Assistance Animal Rules

Must follow HUD Guidance

Must give notice to residents

Think of your challenges

Keep them separate

Address◦ Local animal ordinances

◦ Health concerns

◦ Safety concerns

Ensure peaceful enjoyment by other residents

HUD Policies HUD Handbook 4350.3, R1, C4

◦ Paragraph 2-44 Assistance Animals as a Reasonable Accommodation

◦ Paragraph 6-10 – Pet Rules

◦ Paragraph 6-20 – Pet Deposits

◦ Exhibit 6-4: Mandatory and Discretionary Pet Rules

◦ Exhibit 6-5: How to Develop Pet Rules [24 CFR 5.353]

24 CFR Part 5 Pet Ownership for the Elderly and Persons With Disabilities; Final Rule

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Pet Policies

Size/Breed Limits

Deposits

Animal Types

Registration

Removal of Pets

Let’s Take a Look at a Sample Set of Pet Rules

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Assistance Animals

Service animals

Therapy animals

Support animals

ADA Rules

Rules covering housing programs◦ Scope is much broader

Assistance Animal Rules

You need to have them

They are NOT the same as Pet Rules

Do not reference them in the same manner

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Reasonable Accom/Mod Policy

Should have policy

Should define timelines

Should be provided to applicants & residents

504 Coordinator should be familiar

Should have supporting docs◦ Rejection

◦ Approval

◦ Request for additional info

◦ Request for meeting

◦ Verification

◦ Verification

◦ Verification

Let’s Take a Look at a Sample Reasonable Accommodation & Modification Policy

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VAWA

Section 8 VAWA 2005◦ Application◦ Rejection◦ Termination◦ Leasing◦ Verification◦ Preference

Non-Section 8 & Section 8

VAWA 2013◦ Application◦ Rejection◦ Termination◦ Leasing◦ Verification◦ Preference◦ Emergency Transfer◦ Eligibility of a Remaining

Family Member

CHANGING RULES

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Tenant Selection Plan

Do not need approval

Do not need to notify residents

Must notify applicants if◦ Changes significantly◦ Adds or removes preferences

House Rules

Do not require approval

Must notify everyone whose lease ends in 60 days – 30 days to◦ Accept◦ Give Notice to Move

Cannot Change House Rules until lease ends (Paragraph 6-12)

Entire copy maintained in resident file

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Pet Rules

Do not require HUD approval

Must notify resident when you plan to change

Must provide opportunity for comment

Must notify everyone whose lease ends in 60 days – 30 days to◦ Accept◦ Give Notice to Move

Cannot Change House Rules until lease ends (Paragraph 6-12)

All residents must accept Pet Rules/House Rules


Assistance Animal Rules

Do not combine with Pet Rules

Do not require HUD approval

Must notify everyone who ◦ Has an assistance animal ◦ Lease ends in 60 days – 30 days to Accept Give Notice to Move

Cannot Change Rules until lease ends (Paragraph 6-12)


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Summary

Something to think about

Clearly document expectations

Consistently apply policy

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