RAD APPLICATIONS, WAITING LIST AND TENANT SELECTION

Transcription

1 RAD APPLICATIONS, WAITING LIST AND TENANT SELECTION INTRODUCTION When a family wishes to receive assistance under the programrad assistance, the family must submit an application that provides the SFHA with the information needed to determine the family s eligibility. HUD requires the SFHA to place all families that apply for assistance on a waiting list. When a RAD assisted unit becomes available, the SFHA must select families from the waiting list for referral to RAD properties in accordance with HUD requirements and SFHA policies as stated in the administrative plan and the annual plan. The SFHA is required to adopt clear policies and procedures for accepting applications, placing families on the waiting list and selecting families from the waiting list and must follow these policies and procedures consistently. The actual order in which families are selected from the waiting list can be affected if a family has certain characteristics designated by HUD or the SFHA that justify their selection. Examples of this are the selection of families for income targeting and the selection of families that qualify for targeted funding. HUD regulations require that all families have an equal opportunity to apply for and receive housing assistance, and that the SFHA affirmatively further fair housing goals in the administration of the program [24 CFR , HCV GB p. 4-1]. Adherence to the selection policies described in this chapter ensures that the SFHA will be in compliance with all relevant fair housing requirements, as described in Chapter 2. This chapter describes HUD and SFHA policies for taking applications, managing the waiting list and selecting families for RAD assistance. The policies outlined in this chapter are organized into three sections, as follows: Part I: The Application Process. This part provides an overview of the application process, and discusses how applicants can obtain and submit applications. It also specifies how the SFHA will handle the applications it receives. Part II: Managing the Waiting Lists. This part presents the policies that govern how the SFHA s waiting list is structured, when it is opened and closed, and how the public is notified of the opportunity to apply for assistance. It also discusses the process the SFHA will use to keep the waiting list current. Part III: Selection for Referral to a RAD Unit. This part describes the policies that guide the SFHA in selecting families for referral to RAD unitsproperties as such units become available. It also specifies how in-person interviews will be used to ensure that the SFHA has the information needed to make a final RAD assistance eligibility determination.

2 PART I: THE APPLICATION PROCESS OVERVIEW This part describes the SFHA policies for making applications available, accepting applications making preliminary determinations of eligibility, and the placement of applicants on the waiting list. This part also describes the SFHA s obligation to ensure the accessibility of the application process to elderly persons, people with disabilities, and people with limited English proficiency (LEP). APPLYING FOR ASSISTANCE CFR?[HCV GB, pp , Notice PIH ] Any family that wishes to receive RAD assistance must apply for admission to the program. HUD permits the SFHA to determine the format and content of RAD applications, as well how such applications will be made available to interested families and how applications will be accepted by the SFHA. The SFHA must include Form HUD-92006, Supplement to Application for Federally Assisted Housing, as part of the SFHA s application. Any family that wishes to receive RAD assistance must apply for admission to the program. The SFHA uses a two-step application process because of the long wait from the time a family applies for assistance and the time a family is selected from the waiting list. Under the two-step application process, the SFHA initially will require families to provide only the information needed to determine the family s placement on the waiting list. The family will be required to provide all of the information necessary to establish eligibility of assistance when the family is selected from the waiting list. Except for HUD special admissions, targeted funding, project-based assistance, and preference categories, the SFHA will only accept applications when the waiting list is open. After the SFHA announces the opening of the waiting list, families may apply for assistance under the RAD program. Comment [KA1]: Is there a separate statute that governs RAD/PBV? ACCESSIBILITY OF THE APPLICATION PROCESS Elderly and Disabled Populations [24 CFR 8 and HCV GB, pp ] The SFHA must take steps to ensure that the application process is accessible to those people who might have difficulty complying with the normal, standard SFHA application process. This could include people with disabilities, and certain elderly individuals. The SFHA must provide reasonable accommodation to the needs of individuals with disabilities. The application-taking facility and the application process must be fully accessible, or the SFHA must provide an alternate approach that provides full access to the application process. Chapter 2 provides a full discussion of the SFHA s policies related to providing reasonable accommodations for people with disabilities. Limited English Proficiency SFHAs are required to take reasonable steps to ensure equal access to their programs and

3 activities by persons with limited English proficiency [24 CFR 1]. Chapter 2 provides a full discussion on the SFHA s policies related to ensuring access to people with limited English proficiency (LEP). PLACEMENT ON THE RAD ASSISTANCE WAITING LISTS The SFHA must review each complete application received and make a preliminary assessment of the family s eligibility. The SFHA must accept applications from families for whom the list is open unless there is good cause for not accepting the application (such as denial of assistance) for the grounds stated in the regulations [24 CFR (b)(2)]. Where the family is determined to be ineligible, the SFHA must notify the family in writing [24 CFR (f)]. Unless the family is determined to be ineligible, the family will be placed on a waiting list of applicants. No applicant has a right or entitlement to be listed on the waiting list, or to any particular position on the waiting list [24 CFR (c)]. With the exception of HUD special admissions, targeted funding, and the SFHA s preference categories, due to the size of the SFHA s RAD programassistance, families will be added and placed on the SFHA s waiting list utilizing a random selection process to be completed after the waiting list has been closed. Once each application has been randomly assigned a number, the applications will be placed on the waiting list in order of the assigned numbers following any family that has already been assigned a number and on the waiting list. The SFHA will accept all applications received during the opening of the waiting list, but reserves the right to limit the number of applications actually placed on the waiting list. The SFHA will send written notification of the placement or non-placement of the application on the waiting list within 30 calendar days of receiving the application or the closing of the waiting list, whichever comes later. Placement on the waiting list does not indicate that the family is, in fact, eligible for assistance. A final determination of eligibility will be made when the family is selected from the waiting list. If the SFHA can determine from the information provided that a family is ineligible, the family will not be placed on the waiting list. Where a family is determined to be ineligible, the SFHA will send written notification of the ineligibility determination within 30 calendar days of receiving a complete application or the closing date of the waiting list, whichever comes later. The notice will specify the reasons for ineligibility, and will inform the family of its right to request an informal review and explain the process for doing so (see Chapter 16).. OVERVIEW PART II: MANAGING THE WAITING LIST The SFHA must have policies regarding various aspects of organizing and managing the waiting list of applicant families. This includes opening the list to new applicants, closing the list to new

4 applicants, notifying the public of waiting list openings and closings, updating waiting list information, purging the list of families that are no longer interested in or eligible for assistance, as well as conducting outreach to ensure a sufficient number of applicants. In addition, HUD imposes requirements on how the SFHA may structure its waiting list and how families must be treated if they apply for assistance from the SFHA that administers more than one assisted housing program. ORGANIZATION OF THE WAITING LIST [24 CFR and 205] The SFHA s RAD waiting list must be organized in such a manner as to allow the SFHA to accurately identify and select families for assistance in the proper order, according to the admissions policies described in this plan. The waiting list must contain the following information for each applicant listed: Applicant name; Family unit size; Date and time of application; Qualification for any local preference; Racial or ethnic designation of the head of household. RAD Waiting Lists The will establish and manage separate waiting lists for individual projects or buildings that are receiving RAD assistance. The SFHA will maintain separate site-based waiting lists for RAD projects listed in Appendix B. HUD directs that a family that applies for assistance from the HCV program must be offered the opportunity to be placed on the waiting list for any public housing, RAD, project-based voucher or moderate rehabilitation program the SFHA operates if 1) the other programs waiting lists are open, and 2) the family is qualified for the other programs. HUD permits, but does not require, that the SFHA maintain a single merged waiting list for their public housing, Section 8, and other subsidized housing programs. A family s decision to apply for, receive, or refuse other housing assistance must not affect the family s placement on the HCV waiting list, or any preferences for which the family may qualify. The SFHA will not merge the HCV waiting list with the waiting list for any other program the SFHA operates. Comment [KA2]: Should this be changed or removed?

5 OPENING AND CLOSING THE WAITING LIST [24 CFR ] Closing the Waiting List The SFHA is permitted to close any waiting list if it has an adequate pool of families to use its available PHA units, RAD units, or HCV assistance. Alternatively, the SFHA may elect to continue to accept applications only from certain categories of families that meet particular preferences or funding criteria. The SFHA will close the waiting list for a RAD property when the waiting period for housing assistance for applicants on the list reaches an estimated 24 months. Where the SFHA has particular preferences or funding criteria that require a specific category of family, the SFHA may elect to continue to accept applications from these applicants while closing the waiting list to others. Reopening the Waiting List CFR If the waiting list has been closed, it cannot be reopened until the SFHA publishes a notice in local newspapers of general circulation, minority media, and other suitable media outlets. The notice must comply with HUD fair housing requirements and must specify who may apply, and where and when applications will be received. The notice must provide the criteria defining what families may apply. The SFHA will announce the reopening of the waiting list at least 10 calendar days prior to the date applications will first be accepted. If the list is only being reopened for certain categories of families, this information will be contained in the notice. The SFHA will give public notice by publishing the relevant information on the SFHA website. In addition the SFHA may also provide public notice through suitable media outlets including, but not limited to: o The San Francisco Chronicle o Minority-owned and foreign language newspapers o Posting in the lobby of the SFHA office at 1815 Egbert Ave, San Francisco, CA o Posting in the lobby of the SFHA Leased Housing Division office o Radio and television stations in order to inform the visually impaired o Notices circulated for posting at social service agencies, community centers and the Bay Area public housing agencies o Posting at the RAD property and the offices of the agencies managing and providing services for the property.

6 FAMILY OUTREACH [HCV GB, pp. 4-2 to 4-4] The SFHA must conduct outreach as necessary to ensure that the SFHA has a sufficient number of applicants on the waiting list to use the RAD resources it has been allotted. Because HUD requires the SFHA to admit a specified percentage of extremely low-income families (see Chapter 4, Part III), the SFHA may need to conduct special outreach to ensure that an adequate number of such families apply for assistance [Statute RAD]. SFHA outreach efforts must comply with fair housing requirements. This includes: Analyzing the housing market area and the populations currently being served to identify underserved populations Ensuring that outreach efforts are targeted to media outlets that reach eligible populations that are underrepresented in the program Avoiding outreach efforts that prefer or exclude people who are members of a protected class SFHA outreach efforts must be designed to inform qualified families about the availability of assistance under the program. These efforts may include, as needed, any of the following activities: Submitting press releases to local newspapers, including minority newspapers Developing informational materials and flyers to distribute to other agencies Providing application forms to other public and private agencies that serve the low income population Developing partnerships with other organizations that serve similar populations, including agencies that provide services for persons with disabilities Working closely with the agencies managing and providing services in the RAD properties The SFHA will monitor the characteristics of the population being served and the characteristics of the population as a whole in the SFHA s jurisdiction. Targeted outreach efforts will be undertaken if a comparison suggests that certain populations are being underserved. Comment [KA3]: Statute Formatted: Justified, Space Before: 6 pt Formatted: Level 3, Outline numbered + Level: 3 + Aligned at: 0" + Indent at: 0", Keep with next, Keep lines together REPORTING CHANGES IN FAMILY CIRCUMSTANCES While the family is on the waiting list, the family must immediately inform the SFHA within 10 calendar days, of changes in family size or composition, income, preference status, or contact information, including current residence, mailing address, and phone number. The changes must be submitted through the SFHA Applicant Portal at SFHA.org.

7 UPDATING THE WAITING LIST [24 CFR ] HUD requires the SFHA to establish policies to use when removing applicant names from the waiting list. Purging the Waiting List The decision to withdraw an applicant family that includes a person with disabilities from the waiting list is subject to reasonable accommodation. If the applicant did not respond to a SFHA request for information or updates, and the SFHA determines that the family did not respond because of the family member s disability, the SFHA must reinstate the applicant family to their former position on the waiting list [24 CFR (c)(2)]. The waiting list will be updated as needed to ensure that all applicants and applicant information is current and timely. To update the waiting list, the SFHA will send an update request via first class mail to each family on the waiting list to determine whether the family continues to be interested in, and to qualify for, the program. This update request will be sent to the last address that the SFHA has on record for the family. The update request will provide a deadline by which the family must respond and will state that failure to respond will result in the applicant s name being removed from the waiting list. The family s response must be through the Applicant Portal. Responses should be received by the SFHA not later than 15 calendar days from the date of the SFHA letter. If the family fails to respond within 15 calendar days, the family will be removed from the waiting list without further notice. If the notice is returned by the post office with no forwarding address, the applicant will be removed from the waiting list without further notice. If the notice is returned by the post office with a forwarding address, the notice will be resent to the address indicated. The family will have 15 calendar days to respond from the date the letter was re-sent. If the family fails to respond within this time frame, the family will be removed from the waiting list without further notice. Eligible families may be reinstated to the waitlist through an informal review as described in this chapter, as long as they make the request within one year of the withdraw date. Removal from the Waiting List If at any time an applicant family is on the waiting list, the SFHA determines that the family is not eligible for assistance (see Chapter 3), the family will be removed from the waiting list. If a family is removed from the waiting list because the SFHA has determined the family is not eligible for assistance, a notice will be sent to the family s address of record as well

8 as to any alternate address provided on the initial application. The notice will state the reasons the family was removed from the waiting list and will inform the family how to request an informal review regarding the SFHA s decision (see Chapter 16) [24 CFR (f)]. If a family moves into a RAD housing site, they will be automatically removed from other RAD site-based waiting lists. OVERVIEW PART III: SELECTION FOR RAD ASSISTANCE As units become available, families on the waiting list must be selected for assistance in accordance with the policies described in this part. The order in which families are selected from the waiting list depends on the selection method chosen by the SFHA and is impacted in part by any selection preferences for which the family qualifies. The availability of targeted funding also may affect the order in which families are selected from the waiting list. The SFHA must maintain a clear record of all information required to verify that the family is selected from the waiting list according to the SFHA s selection policies [24 CFR (b) and (e)]. ORGANIZATION OF THE WAITING LIST [24 CFR (c)] The SFHA may establish a separate waiting list for RAD units. The SFHA will establish and manage separate site-based waiting lists for RAD properties in accordance with policies established in this Chapter. SELECTION FROM THE WAITING LIST [24 CFR (c)]] Applicants who will occupy units with RAD assistance must be selected from the SFHA s waiting list. The SFHA may establish selection criteria or preferences for occupancy of particular RAD units. The SFHA may place families referred by the PBV owner on its PBV waiting list. If a RAD project waiting list is depleted and the SFHA is unable to provide new referrals, the SFHA may accept RAD Management referrals, place them on the RAD site waiting list, and subsequently select them for eligibility and admission. Formatted: Underline

9 SELECTION METHOD SFHAs must describe the method for selecting applicant families from the waiting list, including the system of admission preferences that the SFHA will use [24 CFR (d)]. Local Preferences [24 CFR ; HCV p. 4-16] SFHAs are permitted to establish local preferences, and to give priority to serving families that meet those criteria. HUD specifically authorizes and places restrictions on certain types of local preferences. HUD also permits the SFHA to establish other local preferences, at its discretion. Any local preferences established must be consistent with the SFHA plan and the consolidated plan, and must be based on local housing needs and priorities that can be documented by generally accepted data sources. The SFHA has adopted the local preferences described in Appendix A. Eligibility for preferences must be verified at the time of intake (Step 2 in the Application Process described above.) If an applicant is unable to provide verification at the time of intake, the applicant will be placed back on the waitlist according to their position number. All preferences are mutually exclusive except for the Veteran/Surviving Spouse of Veteran, which may be combined with any other preference. Applicants with an equal preference value will be selected based on the position number and the lowest number, closest to zero (0), being selected first. Local Preference(s) Veteran/Surviving Spouse of Veteran (+1 point) California Health and Safety Code section (b) states that [p]riority shall be given with each preference category to families of veterans and servicemen. A veteran is someone who is recognized by a local, state or federal government agency as a veteran, and he or she receives or qualifies for veteran s benefits. Therefore, veterans and families of veterans shall receive one (1) additional preference within each of SFHA s preference categories. Families with a Right-of-Return Families temporarily relocated by the SFHA due to RAD or HOPE SF will have a right-to-return to their property and have the highest priority and preference over any family on the site-based waiting list. RAD tenants will have a mandated right to return and will not be re-screened for eligibility. Reference RAD regulation and SF Admin Code. Terminated Due to Insufficient Funding The SFHA will offer a preference to any family that has been terminated from its HCV program due to insufficient program funding. The SFHA will verify this preference using the SFHA s termination records. San Francisco District Attorney Referrals (Witness Relocation Preference)

10 Notwithstanding all preferences indicated below, participants in the Witness Relocation and Protection (WRAP) Program will have an absolute Preference on the wait list after current tenants right to return and be considered for a Housing Choice Voucher ahead of all other applicants on the wait list. The SFHA in cooperation with the San Francisco District Attorney s Office ( DA ) and the San Francisco Police Department ( SFPD ) has established an absolute preference on its Housing Choice Voucher Wait List to assist witnesses of violent crimes who are being assisted by the Witness Relocation and Assistance Program ( WRAP ) in exchange for testimony leading to the conviction of the violent criminal(s) arrested in connection with the witnessed crime. The absolute Preference will enable a family on the Housing Choice Voucher Wait List who participates in WRAP to rise to the top of the waitlist and be eligible for immediate assistance. Strict guidelines must be met to ensure continued assistance for WRAP participants. In order for WRAP families to be eligible for assistance, the following conditions must be met: 1. The witness MUST testify in all trials held for the alleged crime. Eligibility for the WRAP must be initiated by the SFDA s Office who must present credible evidence, of the danger or of retaliatory violence to the family, to the SFHA; 2. All family members MUST NOT violate any conditions or responsibilities of the WRAP; 3. All household members MUST agree to move out of the City and County of San Francisco; 4. The Relocating family must be in good standing with the SFHA and not owe any balance for rent or unpaid tenant damages; 5. All family members MUST NOT return to the City and County of San Francisco while assisted under the Voucher Program as a participant of the WRAP unless required by the SFDA s office or the SFPD; 6. The family MUST cooperate with all requirements of the Section 8 Program and the receiving housing authority s policies and procedures; and 7. If the family reveals the location of its new unit or their status in the California WRAP, the Voucher, at the discretion of the initial or the receiving Public Housing Agency ( SFHA ) may be forfeited. Circumstances will be reviewed on a case by case basis. If the household is absorbed by the receiving SFHA, the voucher will be released for use by another family on the Housing Choice Voucher wait list. The SFHA will administer any Voucher that is not absorbed by the receiving SFHA to the extent funding permits. Comment [KA4]: This does not work under RAD, as all sites are in SF. Comment [AB5]: This doesn t make sense, does not apply to RAD. This preference should be removed. Public HousingSFHARAD Residents Who Have Been Approved for an Emergency Transfer Referral RAD resident requests for emergency transfersreferral for accommodation or safety will be processed and approved by RAD Management. RAD Management will refer certified transfer requestsreferrals to SFHA for review and approvalplacement.

11 The SFHA will provide place RAD residents with an approved emergency transfer referral a maximum of ten (10) vouchers per fiscal year for Public Housingtransfer referrals for SFHA Public Housing andon RAD site-based waiting list with this preference for those RAD properties that meet all of the criteria indicated on the rresidents who have been approved for an emergency transferreferral.. The resident family must be on the Housing Choice Voucher Waitlist to qualify for this preference. The family must show that there is good cause reason to deny any or all Public Housing unit(s) that have been offered prior to qualifying for the Housing Choice Voucher. Good cause for refusal of a SFHA under this preference includes demonstration by the family that accepting previously offered unit(s) would place a family or family member s life, health or safety in immediate jeopardy. Reasons must be specific to the family. Compelling documentation such as court orders or restraining orders will be requested. Refusals due to the location of the unit alone are not considered good cause. The final decision as to whether the family receives a voucher transferreferral under this preference will be made by the Executive Director or his/her designee. Policies for prioritization and order of referral will be developed by SFHA, in conjunction with RAD Management and residents. Involuntarily Displaced with Residential Certificate of Preference (COP) Certificate of Preference is a document issued by the former San Francisco Redevelopment Agency ( Agency ) to displaced residents and calendares businesses in the1960s, when the Agency was implementing its federally-funded urban renewal program. MOHCD now administers this program. This Certificate gives such households preferential consideration for MOHCD-funded housing projects and former San Francisco Redevelopment Agency funded housing projects. Certificates of Preference were issued to households that were displaced by Redevelopment Agency activity in the 1960's and early 1970's, specifically in the Western Addition and in Hunters Point. Involuntarily Displaced with an Ellis Act Housing Preference (EAHP) Certificate The Ellis Act Displacement Emergency Assistance Ordinance was passed into law on December 18th, The legislation required a new preference in all City Affordable Housing Programs for tenants who are displaced due to withdrawal of their housing unit from the rental market, as allowable under the State Ellis Act. The legislation responded to concern over a rise in these Ellis Act Evictions that paralleled rising market-rate housing prices in The Mayor s Office of Housing and Community Development s Ellis Act Housing Preference (EAHP) Program implements the Ellis Act Displacement Emergency Assistance Ordinance. Homeless in Permanent Supportive Housing Preference Preference for families referred by the City and County of San Francisco that are transitioning from Permanent Supportive Housing units who were previously homeless and are no longer in

12 need of those supportive services. Guidelines for referrals have been established by the Human Services Agency, the Department of Public Health, and SFHA. These families are still considered homeless at the time of placement in the RAD unit for reporting purposes to HUD. This move up preference will contribute significantly to the community s overall efforts to end homelessness by freeing up other units for currently homeless families and individuals with disabilities who need housing combined with services. Involuntary Displacement An applicant is or will be involuntarily displaced if the applicant has vacated or will have to vacate his or her housing unit as a result of one or more of the following actions: Natural Disaster: A disaster such as a fire, flood or earthquake that resulted in the inhabitability of the applicant s unit. Domestic Violence: An applicant who has vacated due to actual or threatened physical violence directed against the applicant or one or more members of the applicant s family by a spouse or other household member, who lives in housing with an individual who engages in such violence. Victim of Hate Crime/Violent Crime: Actual or threatened physical violence or intimidation directed against an applicant and his/her property that is based on the person s race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, that is documented by law enforcement agency stating that the applicant is in an immediate life-threatening situation and that an immediate transfer would minimize the problem. Government Action: an action of a government agency related to code enforcement or public improvement or development. Landlord Action: an action by a housing owner that results in an applicant s having to vacate his or her unit, where the reason for the owner s action was beyond the applicant s ability to control or prevent, and despite the applicant having met all previously imposed conditions of occupancy, and the action is other than a rent increase. Homeless in San Francisco An applicant family qualifies for this preference when the family: Lacks a fixed regular, and adequate nighttime residence; and/or Has a primary residence that is: o A supervised publicly or privately operated shelter or transitional housing residence designed to provide temporary living accommodations; or o An institution that provides a residence for an individual; or o A public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; o Not accessible to a family member with a disability. Families with minor children in a Single Room Occupancy (SRO) unit. Senior or disabled person in a Single Room Occupancy (SRO) unit.

13 Verification of homelessness is provided by City of San Francisco funded or verified homeless service provider agencies. Substandard Non-Homeless in San Francisco An applicant who is a Non-Homeless: A non-homeless applicant is living in substandard housing if their present unit meets any of the following criteria: it is "dilapidated;" it does not have operable indoor plumbing; it does not have a usable flush toilet and a usable bathtub or shower inside the unit for the exclusive use of the family; it does not have electricity, or has inadequate or unsafe electrical service; it does not have a safe or adequate source of heat; it should, but does not have a kitchen, or it has been declared unfit for habitation by a government agency. A housing unit is "dilapidated" if it does not provide safe and adequate shelter, and in its present condition endangers the health, safety, or well-being of a family or it has one or more critical defects or a combination of intermediate defects in sufficient number or extent to require considerable repair or rebuilding. The defects may have resulted from the original construction, or from continued neglect or lack of repair, or from serious damage to the structure. For purposes of this section, Single Room Occupancy (SRO) units are not automatically considered substandard due to the lack of a kitchen and/or bathroom. SROs do not generally have these features and are thus considered standard housing unless in dilapidated physical condition. Paying More than 70% of Income for Housing An applicant shall qualify for this local preference if the family is paying more than 70 percent of the total family income for rent. However, an applicant may not qualify for a preference under this section if the applicant is paying more than 70 percent of family income to rent a unit because his or her housing assistance under the public housing, Housing Choice Voucher program, or any program under the Housing and Urban Development Act of 1965 with respect to that unit has been terminated as a result of the applicant s refusal to comply with applicable program policies and procedures with respect to the occupancy of under-occupied and overcrowded units. Prohibition of Preference if Applicant was evicted for drug-related and/or criminal activity The SFHA will not give any preference to an applicant if any member of the family is a person who was evicted within the three years prior to applying because of drug-related criminal activity from any assisted housing program. The SFHA may consider granting a preference in any of the following cases: If the SFHA determines that the evicted person has successfully completed a rehabilitation program approved by the SFHA; or If the SFHA determines that the evicted person clearly did not participate in or knew about the drug related criminal activity; or If the SFHA determines that the evicted person no longer participates in any drug-related criminal activity

14 Elderly Residents of Alice Griffith for 1751 Carroll Ave This preference is specific for the Project-Based Voucher Assistance at 1751 Carroll Ave. To qualify for this preference, a family must be elderly family member of an existing family at Alice Griffith. The applicant must be at least 60 years of age to apply for the waiting list but must be at least 62 at the time of admission. Comment [KA6]: Rephrase Homeless Families Referred by the Department of Public Health for 1751 Carroll Ave This preference is specific and limited to the Project Based Voucher Assistance at 1751 Carroll Ave. To qualify for this preference, the family must be referred by the Department of Public Health as an elderly and homeless family Homeless Veterans Referred by the Department of Veterans Affairs This preference is specific to voucher availables or units available at properties assisted by HUD- VASH funding. To qualify for this preference, the family must be referred as homeless by the Department of Veterans Affairs Families Referred by the San Francisco Human Services Agency - FUP This preference is specific to vouchers available based on funding received by HUD for the Family Unification Program (FUP). To qualify for this preference, the family must be referred as a qualified family by the San Francisco Human Services Agency. Families Referred by the San Francisco Human Services Agency - Medical This preference is specific to vouchers available based on funding received by HUD targeted to families who meet specified medical criteria. To qualify for this preference, the family must be referred by a designated partner agency and determined eligible for referral by the San Francisco Human Services Agency. ORDER OF SELECTION The SFHA system of preferences may select families based on local preferences according to the date and time of application, or by a random selection process (lottery) [24 CFR (c)]. If a SFHA does not have enough funding to assist the family at the top of the waiting list, it is not permitted to skip down the waiting list to a family that it can afford to subsidize when there are not sufficient funds to subsidize the family at the top of the waiting list [24 CFR (d) and (e)]. Families will be selected from the waiting list based on the targeted funding or selection preference(s) for which they qualify, and in accordance with the SFHA s hierarchy of preferences, if applicable. Within each targeted funding or preference category, families will be selected on a first-come, first-served basis according to the date and time their complete application is received by the SFHA. Documentation will be maintained by the SFHA as to whether families on the list qualify for and are interested in targeted funding. If a higher placed

15 family on the waiting list is not qualified or not interested in targeted funding, there will be a notation maintained so that the SFHA does not have to ask higher placed families each time targeted selections are made. RAD: SITE BASED WAITING LIST After all right-of-returns have been satisfied, families will be selected from site-based waiting list based on the highest point preference allowed for that property followed by position of applications within the preference category. After all preferences have been exhausted, the SFHA will select current applicants based on their position number with the lowest number, closest to zero (0), being selected first. Appendix A represents the preference order of selection (after right of return) for each site based waiting list. Income Targeting Requirement [24 CFR (b)(2)] HUD requires that extremely low-income (ELI) families make up at least 75% of the families admitted to the HCV program during the SFHA s fiscal year. ELI families are those with annual incomes at or below 30% of the area median income. To ensure this requirement is met, a SFHA may skip non-eli families on the waiting list in order to select an ELI family. Low income families admitted to the program that are continuously assisted under the 1937 Housing Act [24 CFR 982.4(b)], as well as low-income or moderate-income families admitted to the program that are displaced as a result of the prepayment of the mortgage or voluntary termination of an insurance contract on eligible low-income housing, are not counted for income targeting purposes [24 CFR (b)(2)(v)]. The SFHA will monitor progress in meeting the ELI requirement throughout the fiscal year. Extremely low-income families will be selected ahead of other eligible families on an as-needed basis to ensure the income targeting requirement is met. Note: The SFHA will offer an absolute preference to any family that has been terminated from its HCV program due to insufficient program funding if additional funding is later received that allows admission of families to the program. The SFHA will verify this preference using the SFHA s termination records. Comment [AB7]: Does this apply to RAD? Comment [AB8]: Do terminated HCV receive preference for RAD? NOTIFICATION OF SELECTION When a family has been selected from the waiting list, the SFHA must notify the family. The SFHA will notify the family by first class mail when it is selected from the waiting list. The notice will inform the family of the following:

16 Date, time, and location of the scheduled application interview, including any procedures for rescheduling the interview Who is required to attend the interview All documents that must be provided at the interview, including information about what constitutes acceptable documentation Documents that must be provided at the interview to document eligibility for a preference, if applicable. Families who reported a preference must verify the preference. Verification methods include verification of family status from homeless service agencies and verification of family status from non-profit agencies If a notification letter is returned to the SFHA with no forwarding address, the family will be removed from the waiting list. A notice of denial (see Chapter 3) will be sent to the family s address of record, as well as to any known alternate address. Eligible families may be reinstated to the waiting list through an informal review, as long as they make the request within one year of the withdraw date. THE APPLICATION INTERVIEW HUD recommends that the SFHA obtain the information and documentation needed to make an eligibility determination though a face-to-face interview with a SFHA representative [HCV GB, pg. 4-16]. Being invited to attend an interview does not constitute admission to the program. Assistance cannot be provided to the family until all Social Security Number (SSN) documentation requirements are met. However, if the SFHA determines that an applicant family is otherwise eligible to participate in the program, the family may retain its place on the waiting list for a period of time determined by the SFHA [Notice PIH ] Reasonable accommodation must be made for persons with disabilities who are unable to attend an interview due to their disability. Families selected from the waiting list are required to participate in an eligibility interview. The head of household and the spouse/co-head, and all adult applicants shall attend the interview together. Verification of information pertaining to adult members will not begin until all release forms are submitted to the SFHA. The head of household or spouse/co-head must provide appropriate documentation of legal identity. (Chapter 7 provides a discussion of proper documentation of legal identity). If the family representative does not provide the required documentation at the time of the interview, he or she will be required to provide it within calendar days. Pending disclosure and documentation of social security numbers, the SFHA will allow the family to retain its place on the waiting list for 90 days. If not all household members have disclosed their SSNs at the next time the SFHA is issuing vouchersmaking referrals, the SFHA will issue a voucherrefer to the next eligible applicant family on the waiting list.

17 The family must provide the information necessary to establish the family s eligibility and determine the appropriate level of assistance, as well as completing required forms, providing required signatures, and submitting required documentation. If any materials are missing, the SFHA will provide the family with a written list of items that must be submitted. Any required documents or information that the family is unable to provide at the interview must be provided within 10 calendar days of the interview (Chapter 7 provides details about longer submission deadlines for particular items, including documentation of eligible noncitizen status). If the family is unable to obtain the information or materials within the required time frame, the family may request an extension. If the required documents and information are not provided within the required time frame (plus any extensions), the family will be sent a notice of denial (See Chapter 3). An advocate, interpreter, or other assistant may assist the family with the application and the interview process. Interviews will be conducted in English. For limited English proficient (LEP) applicants, the SFHA will provide translation services in accordance with the SFHA s LEP plan. If the family is unable to attend a scheduled interview, the family should contact the SFHA in advance of the interview to schedule a new appointment A notice of denial will be issued in accordance with policies contained in Chapter 3.

18 COMPLETING THE APPLICATION PROCESS The SFHA must verify all information provided by the family (see Chapter 7). Based on verified information, the SFHA must make a final determination of eligibility (see Chapter 3) and must confirm that the family qualified for any targeted admission, or selection preference that affected the order in which the family was selected from the waiting list. If the SFHA determines that the family is ineligible, the SFHA will send written notification of the ineligibility determination within 10 calendar days of the determination. The notice will specify the reasons for ineligibility, and will inform the family of its right to request an informal review. If a family fails to qualify for any criteria that affected the order in which it was selected from the waiting list (e.g. targeted admission, extremely low-income), the family will be put onto the waiting list in the place the family would have been had s/he not had any preferences or advantages at the time of eligibility determination. The SFHA will notify the family in writing that it has been returned to the waiting list, and will specify the reasons for it. If the SFHA determines that the family is eligible to receive assistance, the SFHA will invite the family to attend a briefing within 10 calendar days. Formatted: Not Highlight Comment [KA9]: Timeframe: 10 calendar days?

19 BRIEFINGS Family Briefing When a family is notified of eligibility for RAD assistance, the SFHA must give the family an oral briefing. The briefing must include information on how the program works and the responsibilities of the family and owner. In addition to the oral briefing, the SFHA must provide a briefing packet that explains how the SFHA determines the total tenant payment for a family, the family obligations under the program, and applicable fair housing information. The SFHA will provide the following briefing packet: Persons with Disabilities Utility Allowances Schedule Common Normal Wear & Tear List Housing Discrimination Complaint Form SFHA Informal Hearing Procedure Supplemental Materials Family Self Sufficiency Brochure Emergency funds for Housing Notice of Reasonable Accommodation RAD FAQ Sheet RAD Referral Process Description Release of Information Form, if needed If an applicant family s head or spouse is disabled, the SFHA must assure effective communication, in accordance with 24 CFR 8.6, in conducting the oral briefing and in providing the written information packet. This may include making alternative formats available (see Chapter 2). In addition, the SFHA must have a mechanism for referring a family that includes a member with mobility impairment to an appropriate accessible unit. Comment [KA10]: Need RAD update Comment [KA11]: We need to create this. Formatted: Not Highlight Persons with Limited English Proficiency The SFHA must take reasonable steps to assure meaningful access by persons with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964 and Executive Order (see Chapter 2).

20 Applicant Referrals to RAD Properties OVERVIEW The SFHA Client Placement office must refer eligible applicants to RAD properties in accordance with a plan that is consistent with civil rights and nondiscrimination laws. In filling an actual or expected vacancy, the SFHA must refer applicants to RAD properties in the appropriate order. The SFHA will continue to refer applicants until a RAD vacancy is filled. They may refer multiple applicants for each available RAD unit. This section describes the SFHA s policies with regard to the number of unit offers that will be made to applicants selected from the waiting list. This section also describes the SFHA s policies for offering units with accessibility features. SFHA and the RAD owners will develop and make available a referral procedure for filling available units, in compliance with this chapter. Comment [KA12]: Statute? Referrals The applicant will be referred to a RAD property with an available unit. Applicants are referred based on the size and type of housing required by an applicant, taking into account accessibility needs.

21 TIME LIMIT FOR SFHA ACCEPTANCE OR REFUSAL Applicants must accept or refuse a referral within ten (10) calendar days of the date of the offer. Offers made by telephone will be confirmed by letter. REFUSAL OF Referrals Good Cause for Refusal of a Referral An elderly or disabled family may decline a referral for designated RAD housing. Such a refusal must not adversely affect the family's position on or placement on the public housing waiting list [24 CFR (d)]. Applicants families may refuse to accept a referral for "good cause." Good cause includes situations in which an applicant is willing to move but is unable to do so at the time of the SFHA, or the applicant demonstrates that acceptance of the offer would cause undue hardship not related to considerations of the applicant s race, color, national origin, etc. [PH Occ GB, p. 104]. Examples of good cause for refusal of a referral include, but are not limited to, the following: Inaccessibility to source of employment, education, or job training, children s day care, or educational program for children with disabilities, so that accepting the offer would require the adult household member to quit a job, drop out of an educational institution or job training program, or take a child out of day care or an educational program for children with disabilities The family demonstrates to the SFHA s satisfaction that accepting the offer will place a family member s life, health or safety in jeopardy. The family should offer specific and compelling documentation such as restraining orders, other court orders, or risk assessments related to witness protection from a law enforcement agency. Reasons offered must be specific to the family. Refusals due to location alone do not qualify for this good cause exemption A health professional verifies temporary hospitalization or recovery from illness of the principal household member, other household members (as listed on final application) or live-in aide necessary to the care of the principal household member