Chapter 2

THE APPLICATION PROCESS

2.1. USE OF ELECTRONIC SIGNATURES [Notice H 2020-04]

The RHA will accept and use electronic signatures (e-signatures) during the application process, the leasing process, and the annual and interim recertification process, as described in this section and in compliance with Notice H 2020-04 and any applicable federal, state, and local laws.

2.1.1. In lieu of electronic signatures, tenants have the option to sign any required documents or forms on paper with a “wet” signature if they so request.

2.1.2. References to original signatures throughout this policy may be interpreted and implemented through electronic means.

2.1.3. The RHA will ensure appropriate data security for both the record being signed and the signature.

2.2. TRANSMISSION OF FORMS, NOTICES, AND DOCUMENTS [Notice H 2020-04]

HUD allows but does not require RHA to communicate electronically with applicants and tenants and/or provide documents and notices electronically when state and local law permits and in accordance with Notice H 2020-04. However, when required by HUD regulations or state or local law, notices to tenants will be sent by first class mail, delivered directly to tenants or their units, or be posted in public spaces.

2.2.1. In compliance with federal, state, and local laws and HUD regulations, the RHA will securely, electronically transmit HUD-approved and required documents when feasible throughout the application, move-in, annual, and interim recertification process.

2.2.1.1. Tenant and applicants may request paper copies of such documents and may provide information in paper form at any time.

2.2.1.2. The RHA will inform applicants of their ability to communicate electronically with the RHA and/or receive paper copies of documents via the Rent Café application.

2.2.2. The following methods are acceptable for electronic submission of documents:

• Submission through the residents or applicants Yardi Rent Café online portal.

2.3. ACKNOWLEDGEMENT OF RECEIPT

Where HUD requires an acknowledgement of receipt for certain documents or forms and the RHA has adopted a policy for electronic documents, the RHA will request an electronic acknowledgement of receipt from the applicant or tenant. For documents provided electronically that do not require acknowledgement of receipt, the RHA will maintain records showing they provided information electronically.

2.4. EFFECTIVE COMMUNICATION TO PERSONS WITH DISABILITIES [24 CFR 8.6; 28 CFR 35.160; 28 CFR 36.303]

The RHA will ensure effective communication with persons with disabilities by ensuring that all notices and communications provided electronically are consistent with applicable fair housing laws and regulations and that electronic communications do not impose any barriers in accessing information, programs, and activities by persons with disabilities.

2.4.1. The RHA will provide appropriate auxiliary aids and services necessary to ensure effective communication, which includes ensuring that information is provided in appropriate accessible formats as needed (e.g., Braille, audio, large type, assistive listening devices, sign language interpreters, accessible websites and other electronic communications). In the event that a person with a disability is unable to use an electronic system or file that meets federal accessibility standards, the RHA must provide reasonable accommodations to afford users an equal opportunity to participate (e.g., in completing and signing documents or submitting documents in paper copy). RHA shall inform all applicants of alternative forms of communication available other than plain language paperwork.

2.5. PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP)

2.5.1. IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP) [Executive Order 13166]

2.5.1.1. RHA will take affirmative steps to communicate with people who need services or information in a language other than English. These persons will be referred to as Persons with Limited English Proficiency (LEP).

2.5.1.2. LEP is defined as persons who do not speak English as their primary language and who have a limited ability to read, write, speak or understand English. For the purposes of this plan, LEP persons are applicants, participants, and parents or family members of applicants and participants.

2.5.1.3. In order to determine the level of access needed by LEP persons, the RHA will balance the following four factors: (1) the number or proportion of LEP persons eligible to be served or likely to be encountered by the program; (2) the frequency with which LEP persons come into 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 to the RHA and costs. Balancing these four factors will ensure meaningful access by LEP persons to critical services while not imposing undue burdens on the RHA.

2.5.2. ORAL INTERPRETATION.

In a courtroom, a hearing, or situations in which health, safety, or access to important benefits and services are at stake, the RHA will generally offer, or ensure that the family is offered through other sources, competent services free of charge to the LEP person.

OR

2.5.2.1. The RHA will analyze the various kinds of contacts it has with the public, to assess language needs and decide what reasonable steps should be taken. “Reasonable steps” may not be reasonable where the costs imposed substantially exceed the benefits.

2.5.2.2. Where feasible, RHA will train and hire bilingual staff to be available to act as interpreters and translators. Where feasible and possible, the RHA will encourage the use of qualified community volunteers.

2.5.2.3. Where LEP persons desire, they will be permitted to use, at their own expense, an interpreter of their own choosing, in place of or as a supplement to the free language services offered by the RHA. The interpreter may be a family member or friend.

2.5.3. WRITTEN TRANSLATION.

In order to comply with written translation obligations, the RHA will take the following steps:

2.5.3.1. RHA will provide written translations of vital documents for each eligible LEP language group that constitutes five percent or 1,000 persons, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered. Translation of other documents, if needed, can be provided orally.

2.5.3.2. The RHA will take reasonable steps to ensure meaningful access across technological platforms for Limited English Proficiency (LEP) persons. Such formats may include, but are not limited to, multilingual websites and other electronic media.

2.5.4. IMPLEMENTATION PROCEDURES.

2.5.4.1. After completing the four-factor analysis the RHA has determined that language assistance services are needed only for Spanish speaking populations at this time. Written procedures to address the identified needs of the LEP Spanish speaking population will be developed.

2.5.4.2. The following five steps will be taken: (1) Identifying LEP individuals who need language assistance; (2) identifying language assistance measures; (3) training staff; (4) providing notice to LEP persons; and (5) monitoring and updating the LEP plan.

2.6. MARKETING

The RHA will market available units in accordance with the HUD-approved Affirmative Fair Housing Marketing Plan (Form HUD-935.2A) in order to reach those who are least likely to apply and to attract a broad cross-section of the eligible population without regard to race, color, creed, religion, familial status, marital status, gender identity, age, ancestry, class, sex, sexual orientation, disability, gender identity, or national or ethnic origin.

2.7. APPLYING FOR ASSISTANCE [24 CFR 880.603(a); HUD Handbook 4350.3, REV-1, CHG-4, Section 4-14]

Any family that wishes to reside at the property must apply for admission to the program. Applications must be signed by the applicant. HUD permits the RHA to determine the format and content of the application, as well as how such applications will be made available to interested families and how applications will be accepted by the RHA. However, the RHA must include Form HUD-92006, Supplement to Application for Federally Assisted Housing, as part of the application.

2.7.1. Depending upon the length of time between the date of application and the availability of housing, the RHA may use a one- or two-step application process.

2.7.1.1. A one-step process will be used when it is expected that a family will be selected from the waiting list within 60 days of the date of application. During the application process, the family must provide all of the information necessary to establish family eligibility and the amount of rent the family will pay.

2.7.1.2. A two-step process will be used when it is expected that a family will not be selected from the waiting list for at least 60 days from the date of application. Under the two-step application process, the RHA initially will require families to provide only the information needed to make an initial assessment of the family’s eligibility, and to determine the family’s placement on the waiting list on a pre-application form. The family will be required to provide all of the information necessary to establish family eligibility and the amount of rent the family will pay when selected from the waiting list.

2.7.2. All applications for housing assistance must be submitted through RHA’s online applicant portal. Applicants needing assistance in completing an application or an alternative method of applying are encouraged to contact RHA’s Admission’s Office by calling (775) 329-3630 or come in person during specified dates and business hours posted at the RHA offices at the following location.

• 1525 E. 9TH Street, Reno, NV 89512

2.7.2.1. Completed applications will be date and time-stamped upon receipt, and referred to the RHA’s office where resident selection and assignment is processed.

2.7.2.2. Individuals who are unable to complete an application online may contact the RHA to make special arrangements to complete their application. If the applicant is visually impaired, or has limited English proficiency (LEP), all notices will be made available in a format understandable by the applicant.

2.7.2.3. All adult applicants will be given the opportunity to complete Form HUD-92006, Supplement to Application for Federally Assisted Housing, at the time of application and annually at recertification.

2.8. ACCESSIBILITY OF THE APPLICATION PROCESS

The RHA will take a variety of steps to ensure that the application process is accessible to those people who might have difficulty complying with the standard RHA application process.

The RHA will provide reasonable accommodation as needed for persons with disabilities to make the application process fully accessible. The facility where applications are accepted and the application process must be fully accessible, or the RHA must provide an alternate approach that provides equal access to the program.

Chapter 3

WAITING LIST PROCEDURES

This section establishes how an applicant will be placed on the waiting list and the preferences that apply to the property.

3.1. PLACEMENT ON THE WAITING LIST

The RHA will review each completed application received and make a preliminary assessment of the family’s eligibility. Areas to be reviewed include requirements for income, household size/composition, student status, special status requirements such as age or disability status if needed, credit and criminal history. Applicants for whom the waiting list is open must be placed on the waiting list unless the RHA determines the family is ineligible.

3.1.1. Placement on the waiting list does not indicate that the family is, in fact, eligible for admission. When the family is selected from the waiting list, the RHA will verify any preferences claimed, if applicable, and determine eligibility and suitability for admission to the program.

3.1.2. No applicant has a right or entitlement to be placed on the waiting list, or to any particular position on the waiting list.

3.1.3. Ineligible for Placement on the Waiting List

3.1.3.1. If the RHA determines from the information provided that a family is ineligible, the family will not be placed on the waiting list. When a family is determined to be ineligible, the RHA will send written notification of the ineligibility determination within 10 business days of receipt of the completed application.

3.1.3.2. The written notice will specify the reasons for ineligibility and will inform the family of their right to respond to the owner in writing or request a meeting within 14 days to dispute the rejection. The notice will state that applicants who are persons with disabilities have the right to request a reasonable accommodation.

3.1.4. Eligible for Placement on the Waiting List

3.1.4.1. The RHA will send written notification of the preliminary eligibility determination once the application is reviewed for completeness. The written notification will provide information on how the applicant can submit required documentation to substantiate any preferences the applicant qualifies for.

3.2. PREFERENCES [HUD Handbook 4350.3, REV-1, CHG-4, Section 4-6; 24 CFR 5.655(c); Notice H 2013-21]

Local preferences are permitted by HUD to give priority to households that meet specified criteria. Preferences are used, in conjunction with date and time of application, to determine placement on the waiting list. Preferences must apply at the time of eligibility determination. Applicants selected from the waiting list based on a preference that cannot be verified at the time of the eligibility determination, will be returned to the waitlist based on the date and time of their application without applying the preference/s.

• For PBV units, applicants selected from the waiting list based on a preference that cannot be verified at the time of the eligibility determination, will be returned to the waitlist based on the date and time of their application without applying the preference/s.
• For non-PBV units, no preference will be given. Approved applicants will be housed solely on the date and time of their application.

3.2.1. Involuntary Displacement Due to RHA Action or program regulation including, but not limited to repositioning of Public Housing and associated relocation, PBV under and over housed households, PBV and VASH transitions to standard HCV. 150 Points

3.2.2. Residency: priority will be given to applicants who: 50 Points

3.2.2.1. Currently reside in Washoe County, or

3.2.2.2. Currently work or have recently been hired to work at a job located in Washoe County, or

3.2.2.3. Have graduated from or are currently enrolled in an education or training program that is located in Washoe County and is designed to prepare them for the job market (within the last six months).

3.2.3. One-person elderly or disabled households will be given a preference over single person applicants. Households with more than one person also receive preference, including applicants with unborn children. 60 Points

3.2.4. Homeless: 40 Points

3.2.4.1. An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:

3.2.4.1.1. Has a primary nighttime residence that is a public or private place not meant for human habitation; OR

3.2.4.1.2. Is living in a temporary shelter (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or government programs); OR

3.2.4.1.3. Is exiting an institution where they have resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.

3.2.4.2. Any individual or family who:

3.2.4.2.1. Is experiencing a lack of housing related to, fleeing, or attempting to flee domestic violence; AND

3.2.4.2.2. Has no other residence; AND

3.2.4.2.3. Lacks the resources or support to obtain other permanent housing.

3.2.4.3. Verification of Homeless: In order to receive the Homeless preference under this definition, applicants must provide:

3.2.4.3.1. Written observation by outreach worker; OR

3.2.4.3.2. Written referral by another housing or service provider; OR

3.2.4.3.3. Certification by the individual or head of household seeking assistance; OR

3.2.4.3.4. Discharge paperwork or written/oral referral; OR Written record of intake worker's due diligence to obtain above.

3.2.4.4. Verification of Fleeing or Attempting to Flee Domestic Violence: In order to receive the Fleeing or Attempting to Flee Domestic Violence preference under this definition, applicants must provide:

3.2.4.4.1. Oral statement by the individual or head of household by self-certification or by a caseworker. Where the safety of the individual or family is not jeopardized, the oral statement must be verified; AND

3.2.4.4.2. Certification by the individual or head of household that no subsequent residence has been identified; AND

3.2.4.4.3. Self-Certification, or other written documentation, that the individual or family lacks the financial resources and support networks to obtain other permanent housing.

3.2.4.5. Graduate of Permanent Supportive Housing: Applicants who provide documentation showing successful completion of a Permanent Supportive Housing Program in Washoe County within the last 6 months will be given preference. 20 Points

3.2.4.6. Veterans Status: Applicants who qualify for this preference must provide verification such as a DD214, VA patient card, or statement from the VA showing that their discharge was anything other than dishonorable. 20 Points

3.2.4.7. Former Hawk View Residents: Residents who were in place tenants of Hawk View Apartments as of April 01, 2023, will be offered a preference to return to the Hawk View project once construction is completed. 150 Points.

3.3. VERIFICATION OF PREFERENCE QUALIFICATION.

Preferences will be verified and applied after receipt of the application to determine to the greatest degree possible appropriate placement on the waitlist. Applicants will be asked to provide documentation to support any preferences claimed. Preferences will not be applied if supporting documentation cannot be provided.

3.3.1. If a preference does not apply at the time of the applicant interview or cannot be verified, said applicant will be returned to their proper place on the waiting list and preference removed.

3.3.2. The qualification for preference must exist at the time the applicant is determined eligible, regardless of the length of time an applicant has been on the waiting list.

3.3.3. If RHA denies a preference, the applicant will be placed on the waiting list without benefit of the preference. RHA will notify the applicant in writing of the reasons why the preference was denied and offer the applicant an opportunity for an informal meeting. The applicant will have fourteen (14) days to request the meeting, either in writing or by phone. If the preference denial is upheld as a result of the meeting, or the applicant does not request a meeting, the applicant will be placed on the waiting list without benefit of the preference. Applicants may exercise other rights if they believe they have been discriminated against.

3.3.4. Change in Circumstances. Changes in an applicant’s circumstances while on the waiting list may affect the household’s entitlement to a preference. Applicants are required to notify RHA in writing when their circumstances change. When an applicant claims an additional preference, s/he will be placed on the waiting list in the proper order of their newly claimed preference.

3.3.5. If the applicant falsifies documents or makes false statements in order to qualify for any preference, they will be removed from the waiting list and notified.

3.4. INCOME TARGETING REQUIREMENT [HUD Handbook 4350.3, REV-1, CHG-4, Section 4-25]

HUD requires complexes with PBV units to ensure that during a fiscal year at least 40 percent of the dwelling units assisted under the contract that become available, together with initial certification of in-place families, be extremely low-income (ELI) families. ELI families are those with annual incomes at or below the federal poverty level or 30 percent of the area median income, whichever number is higher [FR notice 6/25/14]. To ensure this requirement is met, the RHA may skip non-ELI families on the waiting list in order to select an ELI family.

3.4.1. The RHA will monitor progress in meeting the ELI requirement throughout the fiscal year. ELI families will be selected ahead of other eligible families on an as-needed basis to ensure that the income targeting requirement is met.

3.4.2. For Low Income Housing Tax Credit Properties, the 40-60 rule states that at least 40% of the unit must be rent restricted and occupied by households with incomes at or below 60% of the HUD determined area median income (adjusted for household size).

3.4.3. Persons included in a LIHTC household will include their income as per income limit standards. Income at the time of admission should not exceed the more restrictive of the income limits for occupancy established by the Department of Housing and Urban development (HUD), and posted separately in Property Management offices, or the Low-Income Housing Tax Credit Program (LIHTC) as set for in IRS Section 42 of the Internal Revenue Code of 1986, and the TDHCA LURA.

3.4.4. For HOME Designated Units:

3.4.4.1. At Initial Occupancy. All HOME designated units are to be occupied by households whose income is at or below the units AMI designation, but no more than 50% AMI.

3.4.5. Persons included in a HOME household will include their income as per income limit standards. Income at the time of admission should not exceed the more restrictive of the income limits for occupancy established by the Department of Housing and Urban development (HUD), the Low-Income Housing Tax Credit Program, the Low-Income Housing Trust Fund Program or the Department of Housing and Urban Development HOME program, and each is posted separately in the Property Management offices.

3.9. APPLICANT INTERVIEW [HUD Handbook 4350.3, REV-1, CHG-4, Section 4-24]

This section sets forth the basic steps which are to be taken in obtaining and verifying information from applicant families for the purpose of determining eligibility for admission, applying the tenant selection criteria, and determining the size of the dwelling required as defined in this plan.

3.9.1. When an appropriate unit will be available in the near future, the RHA must interview the applicant family to obtain current information about the family’s circumstances.

3.9.2. Interviews may be conducted over the phone or in person. The required documentation includes:

3.9.2.1. Proof of Identity. In order to prevent program abuse, RHA will require applicants to furnish verification of legal identity for all household members. There are two separate proofs of identity required for each member of the household, each of which is detailed below:

3.9.2.1.1. Applicants must provide picture identification. A current Department of Motor Vehicle-issued driver’s license or identification card, or other state or federally issued picture identification card for all adult members of the household.

3.9.2.1.2. Applicant must also provide the original Social Security card, an original document issued by a federal or state government agency which contains the name of the individual and the social security number of the individual along with other identifying information of the individual, or other documentation as specified in HUD guidance for every member of the household including live-in aides and foster children. No copies of the card or other forms listing the Social Security number are acceptable. If a household member has never been issued a social security number, an original birth certificate or other qualifying document to prove identity will be required. Qualifying documents must contain identifying information including name, date of birth, and country of birth. If a required document cannot be submitted because it has been ordered but not yet received, the receipt verifying that the document has been ordered must be submitted or the interview may be cancelled. Names on all forms of documentation must match each other to an extent that proves the individual is who they claim to be.

3.9.2.1.3. For all minors on the application, ONE of the following must be provided:

• An original government-issued birth certificate or CERTIFIED copy
• OR an original confirmation of birth
• OR an original Social Security birth information printout
• OR a current or recently expired passport (within the last six months from interview date) OR a valid Certificate of Naturalization
• OR a valid Permanent Resident Alien Card

3.9.2.2. Applicants will also be required to provide the following documents prior to the application being processed for verification.

3.9.2.2.1. Income. Proof of applicant income is needed. Examples include, but are not limited to:

• Most recent 4-6 consecutive weeks of paycheck stubs for non-Home units and 8 consecutive weeks of paycheck stubs for HOME units.
• Current award letter(s) from Social Security Administration
• Current award letter(s) showing pension or retirement amount
• Current award letter(s) showing unemployment benefits
• Current award letter(s) showing welfare cash assistance
• Current verification of child support

3.9.2.2.2. Assets. Families will be allowed to self-declare assets with a combined value less than $50,000, including the amount of income expected to be received from those assets. If assets exceed $50,000, the applicant must bring the following verification:

• Six consecutive months of bank statements for all checking accounts including current statement for HOME units and the most recent bank statement for all checking accounts for non-HOME units.
• Most recent bank statement for all savings accounts including current statement
• Most recent Certificates of Deposit statement
• Stock or bonds documentation
• Real estate or property documentation

3.9.2.2.3. Proof of Pregnancy. A letter from a doctor or the health department verifying an applicant’s pregnancy.

3.9.2.2.4. Applicant must also provide verification of student status for any member of the household who is enrolled in an institution of higher education i.e. university, community college, trade school, etc.

3.9.2.2.5. Safe Harbor Verifications: The RHA may determine the family’s income, including the income from assets, at an annual reexamination prior to applying any deductions, based on income determinations made within the previous 12-month period for purposes of the following means-tested forms of public assistance:

• Section 8 or Project Based Rental Assistance

In order to use this verification method, the most recent 50058 or a statement from the HUD Contract Administrator must be provided and confirm the tenant's gross income does not exceed the applicable income limit under Section 42(g) of the Code.

If the family disputes the means-tested determination, the RHA will calculate the annual income in accordance with the policies outlined in this chapter.

3.9.3. Applicant Interview. Applicants must participate in a full application interview with an RHA representative. The applicant will be required to furnish complete and accurate information to the interviewer. RHA’s interviewer will review the application with answers supplied by the applicant. All adult members listed on the application must sign the RHA General Release of Information Form, the declarations and consents related to citizenship/immigration status, and any other documents required by RHA during the eligibility determination process. Failure to do so may be cause for denial of the application for failure to provide necessary certifications and release as required by RHA. All adults listed on the application must also sign a consent form to authorize a credit and criminal background check. RHA will review the results in accordance with HUD regulations and RHA policy.

3.9.4. If RHA determines at or after the interview that additional information or document(s) are needed, RHA will request the document(s) or information in writing. The household will be given 14 days to supply the information. If the information is not supplied in this time period, RHA will provide the household a notification of denial for assistance.

3.9.5. All adult household members must make themselves available for the interview.

3.9.6. If an applicant fails to make themselves available for the scheduled interview and does not request a second interview, RHA will deny the application. If, however, the applicant responds to the denial letter within 14 days, RHA will automatically schedule a second interview for the applicant. If the applicant fails to attend the second interview, the application will be denied, and the applicant will be denied the right to any further scheduled interviews and must reapply when the waitlist is open.

3.9.7. Reasonable accommodation will be made for persons with a disability who require an advocate or accessible offices. A designee will be allowed to provide some information, but only with permission of the person with a disability.

3.9.8. RHA will check credit, criminal, and sex offender registration history for all adults listed on the application to determine whether any member of the household has violated any of the prohibited actions covered by this plan.

3.9.9. If, during the application interview, it appears that the applicant is not eligible, the applicant is to be informed in writing as to the reasons for ineligibility and the right to an informal hearing. The application will then be classified as ineligible. A copy of the withdrawal letter will be attached to the application.

3.9.10. After receipt of initial application, changes affecting applicant information will be recorded and appropriate recalculations completed. Such changes are to be dated and the reason and authority for such changes noted in the record.

3.10. SCREENING FOR SUITABILITY.

In developing its admission policies, the aim of RHA is to attain a tenant body composed of households with a broad range of incomes and to avoid concentrations of the most economically deprived households and households with serious social problems. Therefore, it is the policy of RHA to deny admission to applicants whose habits and practices may reasonably be expected to have a detrimental effect on the operations of the development or neighborhood or on the quality of life for its residents.

3.10.1. In order to determine the effect an applicant's conduct would be likely to have on a project or its residents, documentation may include letters and reports of interviews or telephone conversations with reliable sources, such as current and previous landlords, employer, social worker, parole officer, court records, drug treatment centers, clinics, physicians and police departments. These reports shall include the date, source of information, name and title of the person contacted, and a resume of the information received. The information shall include, but not be limited to, the following:

3.10.1.1. Time, nature and extent of the applicant's habit and practices in regard to:

3.10.1.1.1. Internal review to ensure that the applicant has no outstanding debt owed to the Reno Housing Authority or any other HUD-subsidized housing program such as unpaid rent, damages, or claims paid to private landlord on behalf of former Public Housing or Housing Choice Voucher recipients.

3.10.1.1.2. Past performance in meeting financial obligations, especially rent;

3.10.1.1.3. RHA will examine any Housing Authority records from a prior tenancy and will request written references from the applicant’s current landlord and may request written references from former landlords for the past three years. Based upon these verifications, RHA will determine if the applicant was chronically late with rent payments, was evicted at any time during the past three years for nonpayment of rent, or had other legal action initiated against him/her for debts owed. Any of these circumstances could be grounds for an ineligibility determination, depending on the amount of control the applicant had over the situation;

3.10.1.1.4. Disturbance of neighbors;

3.10.1.1.5. Destruction of property;

3.10.1.1.6. Living or housekeeping habits;

3.10.1.1.7. History of criminal activity involving crimes of physical violence to persons or property;

3.10.1.1.8. Other acts which would adversely affect the health, safety or welfare of other residents;

3.10.1.1.9. Illegal use of a controlled substance;

3.10.1.1.10. Alcohol abuse in a way that may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents;

3.10.1.1.11. Violation under 24 CFR 982.551 not to engage in any drug-related criminal activity.

3.10.1.2. Factors which indicate a probability of favorable future conduct or financial prospects, such as:

3.10.1.2.1. Evidence of rehabilitation.

3.10.1.2.2. Evidence of willingness to participate in appropriate counseling service programs, and availability thereof; or

3.10.1.2.3. Evidence of willingness to attempt to increase income and availability of training or employment programs in the locality.

3.10.1.3. In addition to the review of the applicant's conduct required in Section 6. The Applicant Review Advisory Board procedure is hereby incorporated by reference for any applicant who has been convicted of felonious criminal activity or who has engaged in drug-related criminal activity or who has been evicted from housing assisted under the U.S. Housing Act because of drug-related criminal activity under Section 6.

3.10.1.4. RHA will permanently deny admission to persons convicted of manufacturing or producing methamphetamine on the premises of the any housing project in violation of any Federal or State law. “Premises” is defined as the building or complex in which the dwelling unit is located, including common areas and grounds. RHA will not waive this requirement.

3.10.1.5. RHA will deny admission to any RHA owned or managed properties to any household in which a household member is subject to a lifetime sex offender registration requirement. This provision will not be waived.

3.11. SUMMARY OF DATA VERIFICATION.

3.11.1. Data verification is to be reviewed and evaluated as received for completeness, accuracy and conclusiveness. Where the information received is not complete in all respects, follow-ups or new efforts to obtain such information are to be made and carried through to conclusion. If, during the verification process, it becomes evident that for one or more reasons an applicant is ineligible, the investigation is to be discontinued and the applicant notified of his/her ineligibility, the reasons thereof and the right to an informal hearing.

3.11.2. As verification of all necessary items for each application is completed, a summary of the verified information is to be prepared on a Certification Form attached to the application. The summary is to cover the following determinations and the basis for such:

3.11.2.1. Eligibility of the applicant as a family

3.11.2.2. Eligibility of the household with respect to income limits for admission

3.11.2.3. Eligibility as a U.S. citizen or national or eligible immigrant status.

3.11.2.4. Eligibility of the household with respect to conduct

3.11.2.5. Size of unit to which the household should be assigned

3.11.2.6. Preference and priority status, if any, of the household

3.11.2.7. History of evictions and evictions for drug-related criminal activity

3.11.2.8. History of illegal use of a controlled substance

3.11.2.9. Violations of any eligibility criteria.

3.11.2.10. History of alcohol abuse in a way that may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.

3.11.2.11. Criminal history for all adult members of the applicant/tenant household and upon request, any criminal information regarding juvenile members of applicant/household family.

3.11.3. Attendance at pre-occupancy orientation is a requirement of the screening process. RHA and its residents will develop the agenda for this orientation to include such issues as rent, house rules, lease provisions, security, social services, and utilities.

3.12. NOTIFICATION TO APPLICANTS.

3.12.1. If determined to be ineligible for admission, the applicant is to be informed in writing of the determination, the reason for the determination, and of their right to an informal hearing. Applicants will have five days after the determination is made to request an informal hearing.

3.12.2. Applicants are required to inform RHA of any changes to their application in writing. Applicants are also required to respond to requests from RHA to update information on their application and to determine their continued interest in assistance.

3.12.3. In the event it becomes necessary to defer eligibility determinations, the applicants shall be informed of this fact and the reasons thereof. Until a final determination is made, an applicant shall be notified of the status of his/her application upon request.

Chapter 4

PROJECT ELIGIBILITY

This section establishes whether applicants are eligible to reside in the specific project to which they have applied. Project eligibility may be affected by:

• Whether some or all of the units in the project are designated for specific family types
• Project-specific occupancy standards (See Section 4.8.1)
• Whether some or all of the units in the project are layered with other programs and therefore may have different requirements

4.1. PROJECT-SPECIFIC REQUIREMENTS [HUD Handbook 4350.3, REV-1, CHG-4, Chapter 3, Section 2]

The RHA is required to define if the property is designated for a special population, such as elderly or disabled.

4.1.1. Hawk View Apartments is not designated elderly or designated disabled housing at this time.

4.2. INCOME ELIGIBILITY [24 CFR 5.653; HUD Handbook 4350.3, REV-1, CHG-4, Section 3-6, Figure 3-3]

Income Limits

4.2.1. HUD is required by law to establish income limits that determine the income eligibility of applicants for HUD’s assisted housing programs, including the PBV program. The income limits are published annually and are based on HUD estimates of the median incomes for families of different sizes in a particular area or county. Income limits are determined by HUD program type.

Types of Low-Income Families

4.2.2. Low-income family. A family whose annual income does not exceed 80 percent of the median income for the area, adjusted for family size.

4.2.3. Very low-income family. A family whose annual income does not exceed 50 percent of the median income for the area, adjusted for family size.

4.2.4. Extremely low-income family. A family whose annual income does not exceed the federal poverty level or 30 percent of the median income for the area, whichever number is higher.

4.2.5. Area median income is determined by HUD, with adjustments for smaller and larger families. HUD may establish income ceilings higher or lower than 30, 50, or 80 percent of the median income for an area if HUD finds that such variations are necessary because of unusually high or low family incomes.

Using Income Limits for Eligibility

4.2.6. Income limits are used for eligibility at admission. Eligibility is established by comparing a family’s annual income with HUD’s published income limits. To be income eligible, the household’s annual income must not exceed applicable program income limits, a copy of which will be available upon request.

4.3. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION, LOW INCOME HOUSING TAX CREDIT PROGRAM (LIHTC)

4.3.1. A household that consists entirely of full-time students as defined in the tax credit code is not eligible. Full-time status for purposes of the Low-Income Housing Tax Credit Program (LIHTC) includes attendance at regular facilities for five or more months during the calendar year in which the taxable year of the taxpayer begins. The exclusions to this rule are a head of household who meets one of the following criteria:

• Married and files a joint tax return with spouse
• Enrolled in a job-training program receiving assistance under the Job Partnership Training Act
• A Title IV/TANF recipient
• A single parent living with their minor child(ren), and applicant and child(ren) are not dependents on another’s tax return
• Was previously in foster care

4.4. PROJECT BASED VOUCHER (PBV) AND THE HOME PROGRAM ELIGILIBITY OF STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION.

4.4.1. Student Status: To qualify as an independent student the household must meet at least one of the following criteria.

4.4.1.1. Be at least 24 years old by 12/31 of the award year.

4.4.1.2. Be an orphan, in foster care, or a ward of the court or was an orphan, in foster care, or a ward of the court at any time when they were 13 years old or older.

4.4.1.3. Be (or was immediately prior to turning 18) an emancipated minor or in legal guardianship as determined by a court.

4.4.1.4. Be a veteran or active-duty military.

4.4.1.5. Be a graduate or professional student.

4.4.1.6. Be married.

4.4.1.7. Have at least one dependent child.

4.4.1.8. Have been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth or as unaccompanied, at risk of homelessness, and self-supporting by a local educational agency homeless liaison; the director of a program funded under the Runaway and Homeless Youth Act or a designee of the director; or of a program funded under subtitled B of title IV of the McKinney-Vento Homeless Assistance Act or a designee of the director.

4.4.1.9. Be a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances.

4.5. OCCUPANCY STANDARDS [HUD Handbook 4350.3, REV-1, CHG-4, Section 3-23]

In selecting a family to occupy a particular unit, the RHA may match characteristics of the family with the type of unit available, for example, number of bedrooms [24 CFR 5.655(b)(4)]. HUD does not specify the number of persons who may live in units of various sizes. Although the RHA does determine the size of unit the family qualifies for under the occupancy standards, the RHA does not determine who shares a bedroom/sleeping room. Occupancy standards will be applied in a manner consistent with fair housing requirements. Applicants will be housed in a unit size appropriate for their household.

4.6. ASSIGNMENT OF UNITS.

Dwelling units are to be assigned (at the time of application) in accordance with the occupancy standards set forth below. When it is found that the unit is no longer suitable for the household in accordance with these standards, the household will be transferred to a unit of appropriate size, subject to the availability of such a unit and in accordance with the transfer procedures defined in Section 7 of this document.

4.6.1. The occupancy standard is two people per bedroom. The only exceptions to this will be the following:

• when there is a medical justification
• to avoid forcing an existing tenant to move from former HUD-assisted properties
• No adult will share a room with a minor (minor being defined as under 18 years of age) regardless of gender

4.6.1.1. The RHA will implement the occupancy standards with all new admissions, requested transfers of existing tenants and current over/under housed households already on the transfer list.

4.6.1.2. All Public Housing complex repositioning that require a right to return will follow this standard to the greatest extent possible.

4.6.2. In establishing the appropriate space standards, RHA will include as members of the household all persons anticipated to reside in the dwelling unit. Examples include: children expected to be born to pregnant women, children who are in the process of being adopted by an adult, children whose custody is being obtained by an adult member of the household, foster children who reside in the unit, children who are temporarily in a foster home who will return to the family, children who are away at school and who live at home during the recesses, live-in aides and foster adults living in the unit. In a joint custody arrangement, if the minor is in the household less than 183 days per year, the minor will be considered an eligible visitor and not a household member.

4.6.2.1. Live-in aides and foster children and adults are considered members of the household, not the family. While the income and assets of these household members are excluded when determining initial eligibility, all members of the household, including foster children and adults and any live-in aides, are considered for purposes of unit size. HUD defines a foster adult as a member of the household who is 18 years or older and meets the definition of a foster adult under state law. State-level agencies define who is considered a foster adult/child, so the classification may vary from state to state. In general, a foster adult is unable to live independently due to a debilitating physical or mental condition and is placed with the family by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.

4.6.2.2. HUD defines a foster child as a member of the household who meets the definition of a foster child under state law. In general, a foster child is placed with the family by an authorized placement agency (e.g., public child welfare agency) or by judgment, decree, or other order of any court of competent jurisdiction.

4.6.3. Before applying its preference system, RHA will first match the characteristics of the available unit to the applicants available on the waiting lists. Factors such as unit size, accessible features, de-concentration income mixing, or income targeting will be considered. By matching unit and household characteristics, it is possible that households who are lower on the waiting list may receive an offer of housing ahead of households with an earlier date and time of application.

4.6.4. RHA has units designated for persons with mobility, sight, and hearing impairments, referred to as accessible units. No non-mobility impaired households will be offered these units until all eligible mobility-impaired applicants have been considered. Before offering a vacant accessible unit to a non-disabled applicant, RHA will offer such units:

4.6.4.1. First, to a current occupant of another unit of the same development, or other developments under RHA’s control, who has a disability that requires the special feature of the unit.

4.6.4.2. Second, to an eligible qualified applicant on the waiting list having a disability that requires the special features of the vacant unit.

4.7. UNIT ACCEPTANCE

Applicants must view and accept a unit offer within 5 days of the date the offer is made. Once a unit offer is accepted, the unit must be leased within 10 days of the offer acceptance. Offers made over the telephone will be confirmed by letter. If unable to contact an applicant by telephone, RHA will send a letter and allow 10 days from the mailing date to view and accept a unit.

4.8. APPLICANT REJECTION OF OFFER.

If an applicant rejects - one offer of a unit of appropriate size, the application will be withdrawn from the bedroom size and complex in which they were pulled from, unless there is good cause. In each such instance, a record shall be maintained showing the date of the offer, location of the unit and the applicant’s response.

4.9. GOOD CAUSE UNIT REFUSAL

If an applicant is willing to accept the unit offered but is unable to take occupancy at the time of the offer for “good cause”, the offer will not be noted as a refusal. Examples of “good cause” refusal include, but are not limited to:

4.9.1. Inaccessibility to source of employment, children’s day care, or educational program for children with disabilities, so that accepting the unit would require the adult member to quit a job or remove the child out of day care or an educational program for children with disabilities.

4.9.2. 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.

4.9.3. A qualified health professional verifies temporary hospitalization or recovery from illness of the principal household member, other household members (each as listed on final application) or live-in aide necessary to the care of the principal household member.

4.9.4. The unit is inappropriate for the applicant’s disabilities, or the family does not need the accessible features in the unit offered and does not want to be subject to a 30-day notice to move.

4.9.5. The unit has lead-based paint and the family includes children under the age of six.

4.10. NO DISCRIMINATION BECAUSE OF RACE, CREED, COLOR, RELIGION, SEX, HANDICAP, NATIONAL ORIGIN, AGE OR FAMILIAL STATUS.

The foregoing preferences and targeting requirements shall be followed without regard to race, creed, color, religion, sex, handicap, national origin, age or familial status.

Chapter 5

PROGRAM ELIGIBILITY

The RHA is responsible for ensuring that every individual and family admitted to the program meets all program eligibility requirements. This includes any individual approved to join the family after the family has been admitted. The family must provide any information needed by the RHA to confirm eligibility and determine the level of the family’s assistance.

In addition to meeting the requirements listed in this section, in order to be eligible:

• The unit for which the applicant household is applying will be the household’s sole place of residence.
• At the time of admission, the applicant may not be receiving rental assistance in another unit unless that assistance will be terminated at the time of admission.

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5.1. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [HUD Handbook 4350.3, REV-1, CHG-4, Section 3-12; 24 CFR 5, Subpart E]

Housing assistance is not available to persons who are not citizens, nationals, or eligible immigrants. Prorated assistance is provided for “mixed families” containing both eligible and ineligible persons. At least one family member must be a citizen, national, or noncitizen with eligible immigration status in order for the family to qualify for any level of assistance under the PBV program..

5.1.1. All applicant families must be notified of the requirement to submit evidence of their citizenship status when they apply. Where feasible, and in accordance with the RHA’s Limited English Proficiency (LEP) Plan, the notice must be in a language that is understood by the individual if the individual is not proficient in English.

5.1.2. The family must provide a certification that identifies each family member as a U.S. citizen, a U.S. national, an eligible noncitizen, or an ineligible noncitizen, and submit the documents discussed below for each family member. Once eligibility to receive assistance has been verified for an individual it need not be collected or verified again during continuously assisted occupancy [24 CFR 5.508(g)(5)].

5.2. DECLARATION AND SOCIAL SECURITY NUMBERS [24 CFR 5.508]; [24 CFR 5.216; Notice 2023-10]

HUD requires each family member to declare whether the individual is a citizen, a national, or an eligible noncitizen, except those members who elect not to contend that they have eligible immigration status. Those who elect not to contend their status are considered to be ineligible noncitizens. For citizens, nationals, and eligible noncitizens, the declaration must be signed personally by the head, spouse, cohead, and any other family member 18 years of age or older, and by a parent or guardian of minors. The family must identify in writing any family members who elect not to contend their immigration status (see Ineligible Noncitizens below). No declaration is required for live-in aides, foster children, or foster adults.

5.2.1. U.S. Citizens and Nationals

In general, citizens and nationals are required to submit only a signed declaration that claims their status. However, HUD regulations permit the RHA to request additional documentation of their status, such as a birth certificate or U.S. passport.

5.2.1.1. Proof of Identity. In order to prevent program abuse, RHA will require applicants to furnish verification of legal identity for all household members. There are two separate proofs of identity required for each member of the household, each of which is detailed below:

5.2.1.1.1. Applicants must provide picture identification. A current Department of Motor Vehicle-issued driver’s license or identification card, or other state or federally issued picture identification card for all adult members of the household.

5.2.1.1.2. Applicant must also provide the original Social Security card, an original document issued by a federal or state government agency which contains the name of the individual and the social security number of the individual along with other identifying information of the individual, or other documentation as specified in HUD guidance for every member of the household including live-in aides and foster children. The exception to this policy is for individuals who do not contend eligible immigration status and an exemption for existing residents who were at least 62 years of age as of January 31, 2010, and had not previously disclosed an SSN. No copies of the card or other forms listing the Social Security number are acceptable. If a household member has never been issued a social security number, an original birth certificate or other qualifying document to prove identity will be required. Qualifying documents must contain identifying information including name, date of birth, and country of birth. If a required document cannot be submitted because it has been ordered but not yet received, the receipt verifying that the document has been ordered must be submitted or the interview may be cancelled. Names on all forms of documentation must match each other to an extent that proves the individual is who they claim to be.

5.2.1.1.3. For applicant families, if all household members have not disclosed and/or provided verification of SSNs for all household members at the time a unit is available and offered to the household, the next eligible applicant will be offered the available unit. The applicant family that has not disclosed SSNs for all household members must disclose and provide verification of SSNs for all household members within 90 days of the date of they are first offered a unit, during which time, the family may remain on the waiting list. If after 90 days of the first unit offer the applicant has not provided the SSN and verification documentation, the applicant will be determined ineligible and removed from the waiting list.

5.2.1.1.4. If an applicant family includes a child under six years of age who joined the household within the six months prior to the date of program admission, an otherwise eligible family may be admitted and must provide documentation of the child’s SSN within 90 days. A 90-day extension will be granted if the RHA determines that the resident’s failure to comply was due to unforeseen circumstances and was outside of the resident’s control.

5.2.1.1.5. When a resident requests to add a new household member who is at least six years of age, or who is under the age of six and has an SSN, the resident must provide the complete and accurate SSN assigned to each new member at the time of reexamination or recertification, in addition to the documentation required to verify it. The RHA may not add the new household member until such documentation is provided.

5.2.1.1.6. When a resident requests to add a new household member who is under the age of six and has not been assigned an SSN, the resident must provide the SSN assigned to each new child and the required documentation within 90 calendar days of the child being added to the household. A 90-day extension will be granted if the RHA determines that the resident’s failure to comply was due to unforeseen circumstances and was outside of the resident’s control. During the period the RHA is awaiting documentation of the SSN, the child will be counted as part of the assisted household.

5.2.1.1.7. Social security numbers must be verified only once during continuously assisted occupancy.

5.2.2. Eligible Immigrants

5.2.2.1. All family members claiming eligible immigration status must declare their status in the same manner as U.S. citizens and nationals.

5.2.2.2. For family members age 62 or older who claim to be eligible immigrants, proof of age is required. No further verification of eligible immigration status is required.

5.2.2.3. For family members under the age of 62 who claim to be eligible immigrants, the RHA must verify immigration status with the U.S. Citizenship and Immigration Services (USCIS).

5.2.2.4. The RHA will follow all USCIS protocols for verification of eligible immigration status.

5.2.3. Ineligible Noncitizens

Those noncitizens who do not wish to contend their immigration status are required to have their names listed on a noncontending family members listing, signed by the head, spouse, or cohead (regardless of citizenship status), indicating their ineligible immigration status. The RHA is not required to verify a family member’s ineligible status and is not required to report an individual’s unlawful presence in the U.S. to the United States Citizenship and Immigration Services (USCIS).

5.3. FAMILY CONSENT TO RELEASE OF INFORMATION [HUD Handbook 4350.3, REV-1, CHG-4, Section 5-12; Notice H 2023-10]

5.3.1. The family must supply any information that the RHA or HUD determines is necessary to the administration of the program and must consent to RHA verification of that information.

5.3.2. All adult family members (and the head and spouse/cohead, regardless of age) are required to sign the Consent to Release of Information Forms HUD-9887 and 9887-A at admission.

5.3.3. On or after January 1, 2024, current residents must sign and submit a new Form HUD-9887 and 9887-A at their next interim or annual reexamination. This form will only be signed once. Another Form HUD-9887 and 9887-A will not be submitted to the RHA except under the following circumstances:

• When any person 18 years or older becomes a member of the family;
• When a current member of the family turns 18; or
• As required by HUD or the RHA in administrative instructions.

5.3.4. The RHA has the discretion to establish policies around when family members must sign consent forms when they turn 18. RHA must establish these policies stating when family members will be required to sign consent forms at intervals other than at recertification.

5.4.4.1. Household members turning 18 years of age between annual recertifications will be notified in writing that they are required to sign the required Consent to the Release of Information Forms HUD-9887 and 9887A within fourteen days of turning 18 years of age.

5.3.5. The RHA may obtain any financial record from any financial institution, as the terms financial record and financial institution are defined in the Right to Financial Privacy Act (12 U.S.C. 3401), whenever the RHA determines, the record is needed to establish an applicant’s or participant’s eligibility for assistance or level of benefits [24 CFR 5.230(c)(4)].

5.3.6. The executed form will remain effective until the family is denied assistance, assistance is terminated, or the family provides written notification to the RHA to revoke consent. Should the family submit written notification to revoke their consent, the RHA will provide a written response to the family within 10 days acknowledging receipt of the request and explaining that revocation of consent will result in denial or termination of assistance, as applicable.

5.3.7. All adult members must also sign all RHA-created individual verification forms. If any family member who is required to sign a consent form fails to do so, the RHA will deny admission to applicants or terminate the assistance of tenants.

Chapter 6

SCREENING CRITERIA

Screening is the determination that an otherwise eligible household has the ability to pay rent on time and meet the requirements of the lease. RHA is required to establish written screening criteria to prohibit admission of certain individuals and are permitted to establish additional written screening criteria to determine whether applicants will be suitable tenants.

Live-in aides are screened using the same requirements listed for applicants, with the exception of any criteria involving credit or ability to pay rent.

The cost of screening must not be charged to applicants.

6.1. REQUIRED DENIAL OF ADMISSION [HUD Handbook 4350.3, REV-1, CHG-4, Section 4-7; 24 CFR Part 5, Subpart I]

In order to determine the effect an applicant's conduct would be likely to have on a project or its residents, documentation may include letters and reports of interviews or telephone conversations with reliable sources (including the applicant during a home visit), such as current and previous landlords, employer, social worker, parole officer, court records, drug treatment centers, clinics, physicians and police departments. These reports shall include the date, source of information, name and title of the person contacted, and a resume of the information received. The information shall include, but not be limited to, the following:

6.1.1. Time, nature, and extent of the applicant's habit and practices in regard to:

6.1.1.1. Internal review to ensure that the applicant has no outstanding debt owed to the Reno Housing Authority or any other HUD-subsidized housing program such as unpaid rent, damages, or claims paid to private landlords on behalf of former Public Housing or Housing Choice Voucher recipients.

6.1.1.2. Past performance in meeting financial obligations, especially rent;

6.1.1.3. RHA will examine any Housing Authority records from a prior tenancy and will request written references from the applicant’s current landlord and may request written references from former landlords for the past three years. Based upon these verifications, RHA will determine if the applicant was chronically late with rent payments, was evicted at any time during the past three years for nonpayment of rent, or had other legal action initiated against him/her for debts owed. Any of these circumstances could be grounds for an ineligibility determination, depending on the amount of control the applicant had over the situation;

6.1.1.4. Disturbance of neighbors;

6.1.1.5. Destruction of property;

6.1.1.6. Living or housekeeping habits;

6.1.1.7. History of criminal activity involving crimes of physical violence to persons or property;

6.1.1.8. Other acts which would adversely affect the health, safety or welfare of other residents;

6.1.1.9. Illegal use of a controlled substance;

6.1.1.10. Alcohol abuse in a way that may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents;

6.1.1.11. Violation under 24 CFR 982.551 not to engage in any drug-related criminal activity.

6.1.2. Factors which indicate a probability of favorable future conduct or financial prospects, such as:

6.1.2.1. Evidence of rehabilitation.

6.1.2.2. Evidence of willingness to participate in appropriate counseling service programs, and availability thereof; or

6.1.2.3. Evidence of willingness to attempt to increase income and availability of training or employment programs in the locality.

6.1.3. RHA will permanently deny admission to persons convicted of manufacturing or producing methamphetamine on the premises of a unit within a project in violation of any Federal or State law. “Premises” is defined as the building or complex in which the dwelling unit is located, including common areas and grounds. RHA will not waive this requirement.

6.1.4. RHA will deny admission to any RHA owned or managed properties to any household in which a household member is subject to a lifetime sex offender registration requirement. This provision will not be waived.

6.1.5. RHA will deny admission to the family if any member fails to sign and submit consent forms for obtaining information.

6.2. OTHER PERMITTED REASONS FOR DENIAL OF ADMISSION

The RHA is responsible for screening family behavior and suitability for tenancy.

6.2.1. If any household member is currently engaged in, or has engaged in any of the following criminal activities, within the past three years, the family will be denied admission:

• Drug-related criminal activity, defined by HUD as the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug
• Violent criminal activity, defined by HUD as any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage.
• Criminal activity that may threaten the health, safety, or welfare of other tenants
• Criminal activity that may threaten the health or safety of RHA staff, contractors, subcontractors, or agents.
• Criminal sexual conduct, including but not limited to sexual assault, incest, open and gross lewdness, or child abuse.

6.2.2. Evidence of such criminal activity includes, but is not limited to any record of convictions or arrests for suspected drug-related or violent criminal activity of household members within the past three years. A conviction for such activity will be given more weight than an arrest. A record of arrest will not be used as the sole basis for the denial or proof that the applicant engaged in disqualifying criminal activity.

6.2.3. The RHA will deny admission to an applicant family if the RHA determines that the family:

6.2.3.1. Has a pattern of unsuitable past performance in meeting financial obligations, including rent within the past three years

6.2.3.2. Has a pattern of disturbance of neighbors, destruction of property, or living or housekeeping habits at prior residences within the past three years which may adversely affect the health, safety, or welfare of other tenants

6.2.3.3. Owes rent or other amounts to this or any other housing authority in connection with any assisted housing program

6.2.3.4. Misrepresented or does not provide complete information related to eligibility, including income, award of preferences for admission, expenses, family composition, or rent

6.2.3.5. Has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program

6.2.3.6. Must not be abusing alcohol in a way that may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents or have a pattern of two or more convictions for alcohol related charges in the past 12 months of such abuse.

6.2.3.7. Has engaged in or threatened violent or abusive behavior toward RHA personnel or other residents

6.2.3.7.1. Abusive or violent behavior towards RHA personnel includes verbal as well as physical abuse or violence. Use of racial epithets, or other language, written or oral, that is customarily used to intimidate may be considered abusive or violent behavior.

6.2.3.7.2. Threatening refers to oral or written threats or physical gestures that communicate intent to abuse or commit violence.

6.3. CONSIDERATION OF CIRCUMSTANCES

HUD authorizes the RHA to consider all relevant circumstances when deciding whether to deny admission based on a family’s history except in the situations for which denial of admission is mandated.

6.3.1. In the event the RHA receives unfavorable information with respect to an applicant, consideration must be given to the time, nature, and extent of the applicant’s conduct (including the seriousness of the offense). In a manner consistent with its policies, RHA may give consideration to factors that might indicate a reasonable probability of favorable future conduct.

6.3.2. Further, the RHA acknowledges that a victim of domestic violence, dating violence, sexual assault, or stalking may have an unfavorable history (e.g., a poor credit history, poor rental history, a record of previous damage to an apartment, a prior arrest record) due to adverse factors that would warrant denial under the RHA’s policies.

6.3.3. While the RHA is not required to identify whether adverse factors that resulted in the applicant’s denial are a result of domestic violence, dating violence, sexual assault, or stalking, the applicant may inform the RHA in accordance with Chapter 8 of this TSP that their status as a victim is directly related to the grounds for the denial. The RHA will request that the applicant provide enough information to the RHA to allow the RHA to make an objectively reasonable determination, based on all circumstances, whether the adverse factor is a direct result of their status as a victim.

6.3.4. Removal of a Family Member’s Name from the Application

6.3.4.1. As a condition of receiving assistance, a family may agree to remove the culpable family member from the application.

6.3.4.2. After admission to the program, the family must present evidence of the former family member’s current address upon RHA request.

6.3.5. Reasonable Accommodation

If the family indicates that the behavior of a family member with a disability is the reason for the proposed denial of admission, the RHA will determine whether the behavior is related to the disability. If so, upon the family’s request, the RHA will determine whether alternative measures are appropriate as a reasonable accommodation. The RHA will only consider accommodations that can reasonably be expected to address the behavior that is the basis of the proposed denial of admission.

6.4. CREDIT HISTORY

In order for a credit report to be considered acceptable, the credit report may show minor, moderate, or limited credit problems within the last three years. A lack of a credit history will not automatically result in an application being denied.

The RHA will consider the existence of mitigating factors, such as loss of employment or other financial difficulties, before denying admission to an applicant based on the failure to meet prior financial obligations.

6.5. RENTAL HISTORY

In order to determine the suitability of applicants, the RHA will examine applicant history for the past three years.

6.5.1. Any one of the following by any household member listed on the application may result in rejection of the application:

• Any history that the applicant has moved out of a residence owing a balance
• Any previous eviction from a federally assisted housing project in the last three years for drug-related criminal activity
• Three or more late payments of rent within a 12-month period from a current or previous residence
• Any one report within the last 7 years that the applicant, or their household members or guests, were destructive to the unit or common areas at a current or previous residence
• Any one report that the applicant has or had poor housekeeping habits rising to the level of a health of safety threat from a current or previous residence
• Any one report that the applicant caused or was involved in disturbances at a current or previous residence
• Any one report that the applicant did not abide by the rules and regulations at a current or previous residence

6.5.2. The RHA will also consider utility company references covering the monthly amount of utilities, late payment, disconnection, return of a utility deposit, and whether the applicant can get utilities turned on in their name. (Use of this inquiry will be reserved for applicants applying for units where there are tenant-paid utilities.)

6.5.3. If an applicant has no rental payment history, the RHA will check court records of financial judgments and credit reports. A lack of rental history will not disqualify someone from becoming a resident, but a poor rental history may.

6.6. MISREPRESENTATION OF INFORMATION

An application will be rejected if during the course of processing it becomes evident that an applicant or any applicant household member has falsified or otherwise misrepresented any facts about their current situation, history, or behavior in a manner that would affect eligibility or applicant selection criteria qualifications, including preferences, income, assets, allowances, or rent. This provision shall not be applied to minor and unintentional mistakes that produce no benefit to the applicant.

Chapter 7

UNIT TRANSFER POLICY

7. TRANSFER POLICY

The RHA will maintain a centralized transfer list to ensure that transfers are processed in the correct order and that procedures are uniform across all properties.

Emergency transfers will not automatically go on the transfer list. Instead, emergency transfers will be handled immediately, on a case-by-case basis. If the emergency cannot be resolved by a temporary accommodation, and the family requires a permanent transfer, the family will be placed at the top of the transfer list.

7.1. TRANSFERS WILL BE PROCESSED IN THE FOLLOWING ORDER.

7.1.1. EMERGENCY TRANSFERS

a) Hazardous Maintenance Conditions

b) VAWA emergencies for tenants who are victims of domestic violence, dating violence, sexual assault or stalking.

7.1.2. MANDATORY TRANSFERS

a) Occupancy Standards Transfers

b) Transfers to Make an Accessible Unit Available

c) Demolition, Disposition, Revitalizations, or Rehabilitation Transfers

7.1.3. HIGH-PRIORITY TENANT-INITIATED TRANSFERS

a) Reasonable Accommodation

b) Verified Threat

7.1.4. REGULAR-PRIORITY TENANT-INITIATED TRANSFERS

a) Overcrowded

7.1.5. OPTIONAL PHA-INITIATED TRANSFERS

b) Project Based Mobility Transfers

7.1.6. Within each category, transfers will be processed in order of the date a family was placed on the transfer list, starting with the earliest date. Mandatory transfers will take precedence over waiting list admissions.

7.1.7. With the approval of the Executive Director or their designee, the RHA may, on a case-by-case basis, transfer a family without regard to its placement on the transfer list in order to address the immediate need of a family in crisis.

7.1.8. Upon written request from the household family, a transfer may be made by dividing the members of a household family into two separate household families, both of whom must meet full initial eligibility requirements. The Executive Director or their designee will review the transfer request and may approve it if he/she deems it appropriate.

7.1.9. Demolition and renovation transfers will gain the highest priority as necessary to allow the RHA to meet the demolition, renovation, revitalization program, or RAD schedules. In the event the next available unit is greater in size than the family requires according to occupancy standards and no suitable family is on the transfer list, RHA may transfer and temporarily over-house the family to maintain the demolition or renovation schedule. All mandatory transfers will take precedence over waiting list admissions.

7.1.10. RHA will not grant a transfer request solely to accommodate neighbors who “cannot get along”, or to resolve domestic disputes.

7.2. EMERGENCY TRANSFERS

If the dwelling unit is damaged to the extent that conditions are created which are hazardous to life, health, or safety of the occupants, the RHA must offer standard alternative accommodations, if available, where necessary repairs cannot be made within a reasonable time [24 CFR § 966.4(h)].

7.2.1. The following is considered an emergency circumstance warranting an immediate transfer of the tenant or family:

7.2.1.1. Maintenance conditions in the resident’s unit, building or at the site that pose an immediate, verifiable threat to the life, health or safety of the resident or family members that cannot be repaired or abated within 24 hours. Examples of such unit or building conditions would include: a gas leak, no heat in the building during the winter, no water, toxic contamination, serious water leaks, or to protect the family from imminent danger by criminal activity.

7.2.1.2. A verified incident of domestic violence, dating violence, sexual assault, or stalking. In order to request an emergency transfer under VAWA, the resident will be asked to complete and submit an emergency transfer request form (HUD-5383). The RHA may, on a case-by-case basis, waive this requirement and accept a verbal request to expedite the transfer process. If RHA accepts an individual’s statement, staff will document acceptance of the statement in the individual’s file. Transfer requests under VAWA will be processed in accordance with the VAWA Emergency Transfer Plan.

7.2.1.2.1. The VAWA Emergency Transfer Plan is hereby incorporated by reference for any such participant.

7.2.2. Emergency Transfer Procedures

7.2.2.1. If the transfer is necessary because of maintenance conditions or other emergency conditions, and an appropriate unit is not immediately available, the RHA will provide temporary accommodations to the tenant by arranging for temporary lodging at a hotel or similar location.

7.2.2.2. If the conditions that required the transfer cannot be repaired, or the condition cannot be repaired within 24 hours or a reasonable amount of time, the RHA will transfer the resident to the first available and appropriate unit after the temporary relocation. Emergency transfers that arise due to maintenance conditions are mandatory for the tenant.

7.2.2.3. RHA will immediately process requests for transfers due to domestic violence, dating violence, sexual assault, or stalking. The RHA will allow a tenant to make an internal emergency transfer under VAWA when a safe unit is immediately available if the participant believes that there is a threat of further imminent harm if they remain in the unit. A participant may also be eligible if they have been a victim of sexual assault that occurred on the premises within 90 days preceding the emergency transfer request. These eligibilities apply regardless of whether the participant is in good standing.

7.2.2.4. The RHA defines immediately available as a vacant unit that is ready for move-in within a reasonable period of time. If an internal transfer to a safe unit is not immediately available, at the request of the resident, the RHA will assist in seeking an external emergency transfer either within or outside the PHA’s programs.

7.3. RHA-INITIATED TRANSFERS.

RHA may require that a family transfer to another unit. Several types of transfers are required by RHA and considered a “mandatory” move.

These circumstances include:

7.3.1. to maintain occupancy standards based on family composition; or

7.3.2. requiring a family to transfer to make an accessible unit available to a disabled family; or

7.3.3. if the RHA is engaging in housing development/revitalization or rehabilitation activities that require families to relocate.

Transfers required by the PHA are mandatory for the tenant.

7.3.3.1. Occupancy Standards Transfers

7.3.3.1.1. The RHA will transfer a family when the family size has changed, and the family is now too large (under-housed) or too small (over-housed) for the unit occupied.

7.3.3.1.2. Under-housed: the number of household members exceeds the maximum number of persons allowed for the unit size in which the family resides. For example, a household may become under-housed for a unit when a new child or an adult joins the household.

7.3.3.1.3. Over-housed: the family no longer qualifies for the bedroom size in which they are living based on the RHA’s occupancy standards. For example, a household may be considered over-housed for a unit when an adult child leaves the household. RHA may also transfer a family who was initially placed in a unit in which the family was over-housed to a unit of an appropriate size based on the agency’s occupancy standards, when the RHA determines there is a need for the transfer. The RHA may also elect not to transfer an over-housed family in order to prevent vacancies.

7.3.3.2. Transfers to Make an Accessible Unit Available.

7.3.3.2.1. When a non-accessible unit becomes available, the RHA will transfer a family living in an accessible unit that does not require the accessible features, to an available unit without accessibility amenities. The RHA will transfer the resident to the first available and appropriate unit in a development. The RHA may wait until a disabled resident requires the accessible unit before transferring the family that does not require the accessible features of the accessible unit.

7.3.3.3. Demolition, Disposition, Revitalizations, or Rehabilitation Transfers.

7.3.3.3.1. To enable RHA to engage in major housing rehabilitation, development, demolition, or disposition activities to improve the housing stock in its portfolio, a family may be required to relocate temporarily or permanently. The RHA will relocate a family when the unit or site in which the family lives is undergoing major rehabilitation that requires the unit to be vacant, or the unit is being disposed of or demolished. The RHA’s relocation plan may or may not require transferring affected families to other available public housing units. In certain situations, the household may only be offered temporary relocation if allowed under the Relocation Act provisions and if applicable the household may be allowed to return to their unit or a unit within the same development once rehabilitation is complete.

7.4. TENANT-INITIATED TRANSFERS

The RHA is under no regulatory obligation to approve tenant-initiated transfer requests other than for reasonable accommodation. However, the types of requests for transfers that the RHA will consider are limited to requests for transfers to alleviate a serious or life-threatening medical condition, transfers due to a threat of physical harm or criminal activity, reasonable accommodation, transfers to a different unit size as long as the family qualifies for the unit according to the RHA’s occupancy standards, and transfers to a location closer to employment. No other types of transfer requests will be considered by the RHA.

Residents requesting a transfer to another unit or development will be required to submit a written request for a transfer. In case of a reasonable accommodation transfer the RHA will encourage the resident to make the request in writing using a reasonable accommodation request form. However, the RHA will consider the transfer request any time the resident indicates that an accommodation is needed whether or not a formal written request is submitted. Within a reasonable time of the submitted request, the RHA will respond by approving the transfer and putting the family on the transfer list, by denying the transfer, or by requiring more information or documentation from the family. If the RHA denies the request for a transfer, the family will be informed of their grievance rights.

Transfer request types are described below.

7.4.1. The RHA will consider the following transfer requests:

7.4.1.1. Reasonable Accommodation: When a family requests a transfer for a reasonable accommodation.

7.4.1.2. Verified Threat: When there has been a verified threat of physical harm or criminal activity. Such circumstances may, at the RHA’s discretion, include an assessment by law enforcement indicating that a family member is the actual or potential victim of a criminal attack, retaliation for testimony, a hate crime, or domestic violence, dating violence, sexual assault, or stalking.

7.4.2. The RHA will consider the following as regular priority transfer requests:

7.4.2.1. Overcrowded: When a family requests a larger bedroom size unit even though the family does not meet the RHA’s definition of overcrowded, as long as the family meets the RHA’s occupancy standards for the requested size unit.

7.4.3. Eligibility for transfer except where VAWA or reasonable accommodation is being requested, the RHA will only consider tenant-initiated transfer requests from residents that meet “good record” requirements. If the family does not meet the “good record” requirements stated below, the manager will address the issue and, until resolved, the request for transfer will be denied.

Good record requirements are as follows:

7.4.3.1. Has not engaged in criminal activity that threatens the health and safety of residents and staff.

7.4.3.2. Owe no back rent or other charges or have a pattern of late payment.

7.4.3.3. Have no housekeeping lease violations or history of damaging property and is not on Unit Abuse monitoring. A resident with housekeeping standards violations or Unit Abuse monitoring will not be transferred until the resident passes a follow-up housekeeping inspection or is removed from Unit Abuse monitoring.

7.4.3.4. Can get utilities turned on in the name of the head of household, spouse, or co-head (applicable only to properties with tenant-paid utilities).

7.5. UNIT ACCEPTANCE OR REFUSAL

7.5.1. Tenants will receive one offer of a transfer, unless good cause is provided. Applicants must accept or refuse a unit offer within three business days of the date of the unit offer. Offers will be made in person or by telephone and will be confirmed by letter.

7.5.2. When the transfer is required by the RHA, the refusal of that offer without good cause may result in lease termination.

7.5.3. When the transfer has been requested by the tenant, the refusal of that offer without good cause will result in the removal of the family from the transfer list. In such cases, the family must wait six months to reapply for another transfer.

7.5.4. Examples of good cause for refusal of a unit offer include, but are not limited to, the following:

7.5.4.1. The family demonstrates to the RHA’s satisfaction that accepting the unit offer will require an 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.

7.5.4.2. The family demonstrates to the RHA’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, risk assessments related to witness protection from a law enforcement agency. Reasons offered must be specific to the family. 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.

7.5.4.3. The unit is inappropriate for the tenant’s disabilities, or the family does not need the accessible features in the unit offered.

7.5.4.4. The RHA will require documentation of good cause for unit refusals. In the case of a unit refusal for good cause, the family will not be removed from the transfer list. A refusal for good cause will not adversely affect the family’s position or placement on the transfer list. The family will remain at the top of the list until the family receives an offer for which they do not have good cause to refuse. The family has 3 business days from the date of the unit offer to submit documentation for a good cause unit refusal.

7.6. COST OF TRANSFER

7.6.1. Residents shall bear the cost of transfers to correct occupancy standards, resident requested transfers, and other voluntary transfers.

7.6.2. RHA will bear the reasonable cost of transfers RHA requests for demolition, disposition, rehabilitation, building system failures, or emergency conditions due to no fault of the tenant. RHA will bear the reasonable cost of transfers needed as a reasonable accommodation for residents with disabilities, in accordance with RHA Reasonable Accommodation Policy and Procedures. The reasonable cost of transfers includes not just the cost of packing, moving, and unloading, but also the cost of connecting and reconnecting any existing resident-paid services such as electricity and gas. The RHA will reimburse the family for eligible out-of-pocket expenses up to the RHA’s established moving allowance.

Chapter 8

THE VIOLENCE AGAINST WOMEN ACT (VAWA)

8.1. OVERVIEW

The Violence against Women Reauthorization Act (VAWA) provides special protections for victims of domestic violence, dating violence, sexual assault, stalking, and human trafficking who are applying for or receiving assistance under the PBV program. If state or local laws provide greater protection for such victims, those apply in conjunction with VAWA.

8.1.1. Although the VAWA 2022 statute does not specifically include human trafficking in the list of victims protected under VAWA, in 2022 HUD began including human trafficking as part of the list of victims protected under VAWA. In the absence of a final rule implementing VAWA 2022 and to mirror HUD’s recent usage, this policy includes human trafficking in addition to domestic violence, dating violence, sexual assault, and stalking anywhere such a list appears.

8.1.2. In addition to definitions of key terms used in VAWA, this chapter contains general VAWA requirements and RHA’s policies in three areas: notification, documentation, and confidentiality, as well as the RHA’s Emergency Transfer Plan required under VAWA.

8.2. DEFINITIONS [24 CFR 5.2003]

As used in VAWA:

• The term affiliated individual means, with respect to a person:
  • A spouse, parent, brother or sister, or child of that individual, or an individual to whom that person stands in the position or place of a parent; or
  • Any individual, tenant or lawful occupant living in the household of the victim of domestic violence, dating violence, sexual assault, or stalking.
• The term bifurcate means, to divide a lease as a matter of law such that certain tenants can be evicted or removed while the remaining family members’ lease and occupancy rights are allowed to remain intact.
• The term dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
  • The length of the relationship
  • The type of relationship
  • The frequency of interaction between the persons involved in the relationship
• The term domestic violence includes felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding, and in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who is:
  • The current or former spouse or intimate partner of the victim, or person similarly situated to a spouse or intimate partner of the victim
  • A person who is cohabitating or has cohabitated with the victim as a spouse or intimate partner
  • A person with whom the victim shares a child in common
  • A person who commits acts against a youth or adult victim who is protected from those acts under the domestic or family violence laws of the jurisdiction
• The term economic abuse means behavior that is coercive, deceptive, or unreasonably controls or restrains a person’s ability to acquire, use, or maintain economic resources to which they are entitle, including using coercion, fraud, and manipulation to:
  • Restrict a person’s access to money, assets, credit, or financial information
  • Unfairly use a person’s personal economic resources, including money, assets, and credit, for one’s own advantage
  • Exert undue influence over a person’s financial and economic behavior or decisions, including forcing default on joint or other financial obligations, exploiting powers of attorney, guardianship, or conservatorship, or to whom one has a fiduciary duty.
• The term sexual assault means:
  • Any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks the capacity to consent
• The term stalking means:
  • To engage in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.
• The term technological abuse means an act or pattern of behavior that occurs within domestic violence, dating violence, sexual assault, or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor another person, except as otherwise permitted by law, that occurs using any form of technology, including but not limited to:
  • Internet enabled devices
  • Online spaces and platforms
  • Computers
  • Mobile devices
  • Cameras and imaging programs
  • Apps
  • Location tracking devices
  • Communication technologies
  • Any other emerging technologies

8.3. NOTIFICATION [24 CFR 5.2005(a)]

Notification to Public

The RHA adopts the following policy to help ensure that all actual and potential beneficiaries of its program are aware of their rights under VAWA.

8.3.1. The RHA will post the following information regarding VAWA in its offices and on its website. It will also make the information readily available to anyone who requests it.

• A copy of form HUD-5380, Notice of Occupancy Rights Under the Violence Against Women Act (Exhibit 8-1)
• A copy of form HUD-5382, Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation (Exhibit 8-2)
• A copy of the RHA’s emergency transfer plan (Exhibit 8-3)
• A copy of the RHA’s Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, Form HUD-5383 (Exhibit 8-4)
• The National Domestic Violence Hot Line: 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY)
• Contact information for local victim advocacy groups or service providers

Notification to Applicants and Tenants [24 CFR 5.2005(a)]

The RHA must provide the Notice of Occupancy Rights (HUD-5380) and certification form (HUD-5382) at admission, along with any notice of denial or eviction.

8.3.2. The RHA will provide all applicants with information about VAWA at the time they request an application for housing assistance. The RHA will also include such information in all notices of denial of assistance.

8.3.3. The RHA will provide all tenants with information about VAWA at the time of admission and at annual reexamination. The RHA will also include such information in all termination of assistance and termination of tenancy (eviction) notices.

8.3.4. The RHA is not limited to providing VAWA information at the times specified in the above policy.

8.3.5. Whenever the RHA has reason to suspect that providing information about VAWA to a tenant or affiliated individual might place a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking at risk, it will attempt to deliver the information by hand directly to the victim, or by having the victim come to an office or other space that may be safer for the individual, making reasonable accommodations as necessary. For example, the RHA may decide not to send mail regarding VAWA protections to the victim’s unit if the RHA believes the perpetrator may have access to the victim’s mail, unless requested by the victim.

8.3.6. When discussing VAWA with the victim, the RHA will take reasonable precautions to ensure that no one can overhear the conversation, such as having conversations in a private room.

8.3.7. The victim may, but is not required to, designate an attorney, advocate, or other secure contact for communications regarding VAWA protections.

8.4. VAWA COMPLAINT PROCESSING [Notice FHEO 2023-01]

A complainant may, not later than one year after an alleged VAWA violation has occurred or terminated, file a complaint with FHEO alleging such violation. If there is a violation that began prior to a year before the complaint is filed, but it continues into the one-year time period, HUD will accept the complaint. FHEO will investigate the complaint if it is timely and FHEO otherwise has jurisdiction. If a complaint is filed more than one year after the alleged violation occurred or terminated, FHEO may, but is not required to, investigate the allegations under the additional authority and procedures described in FHEO 2023-01.

Complaints do not need to allege a violation of the Fair Housing Act for FHEO to accept and investigate the complaint.

8.4.1. Applicants or tenant families who wish to file a VAWA complaint against the RHA may notify the RHA either orally or in writing.

8.4.2. The RHA will advise the family of their right to file a VAWA complaint with HUD’s Office of Fair Housing and Equal Opportunity (FHEO). The RHA will inform the family that not later than one year after an alleged VAWA violation has occurred or terminated, applicants and tenants who believe they have been injured by a VAWA violation or will be injured by such a violation that is about to occur may file a VAWA complaint using FHEO’s online complaint form via mail, email, or telephone.

8.4.3. The RHA will attempt to remedy complaints made against the RHA and will conduct an investigation into all allegations of discrimination.

8.4.4. The RHA will keep a record of all complaints, investigations, notices, and corrective actions.

8.5. FAMILY BREAKUP AND REMAINING MEMBER OF TENANT FAMILY

Family Breakup

Except under the following conditions, the RHA has discretion to determine which members of an assisted family continue to receive assistance if the family breaks up:

• If the family breakup results from an occurrence of domestic violence, dating violence, sexual assault, stalking, or human trafficking, the RHA must ensure that the victim retains assistance.
• If a court determines the disposition of property between members of the assisted family, the RHA is bound by the court’s determination of which family members continue to receive assistance.

8.5.1. When a family on the waiting list breaks up into two otherwise eligible families, only one of the new families may retain the original application date. Other former family members may submit a new application with a new application date if the waiting list is open.

8.5.2. If a family breaks up into two otherwise eligible families while living on the property, only one of the new families will retain occupancy of the unit.

8.5.3. If a court determines the disposition of property between members of an applicant or resident family, the RHA will abide by the court’s determination.

8.5.4. In the absence of a judicial decision or an agreement among the original family members, the RHA will determine which family will retain their placement on the waiting list or continue in occupancy. In making its determination, the RHA will take 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) the interest of any family member who is or has been the victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking, including a family member who was forced to leave a HUD-assisted unit as a result of such actual or threatened abuse, and provides documentation in accordance with this TSP; (4) any possible risks to family members as a result of criminal activity; and (5) the recommendations of social service professionals.

8.6. DOCUMENTATION [24 CFR 5.2007]

When RHA is presented with a claim for initial or continued assistance based on status as a victim or threatened victim of domestic violence, dating violence, sexual assault, stalking, human trafficking, or criminal activity related to any of these forms of abuse they may—but are not required to—request that the individual making the claim document the abuse. Any request for documentation must be in writing, and the individual must be allowed at least 14 business days after receipt of the request to submit the documentation. The RHA may extend this time period at its discretion. However, in the case of conflicting certifications, the RHA may require documentation within 30 days from the date of the request [24 CFR 5.2007(a)].

8.6.1. The individual may satisfy the RHA’s request by providing any one of the following three forms of documentation [24 CFR 5.2007(b)]:

1. A completed and signed HUD-approved certification form (HUD-5382, Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation)
2. A federal, state, tribal, territorial, or local police report or court record, or an administrative record
3. Documentation signed by a person who has assisted the victim in addressing domestic violence, dating violence, sexual assault, stalking, or human trafficking or the effects of such abuse. This person may be an employee, agent, or volunteer of a victim service provider, an attorney, a mental health professional, or a medical professional. The person signing the documentation must attest under penalty of perjury to the person’s belief that the incidents in question are bona fide incidents of abuse. The victim must also sign the documentation.

8.6.2. The RHA may not require third-party documentation (forms 2 and 3) in addition to certification (form 1), except as specified below under “Conflicting Documentation,” nor may it require certification in addition to third-party documentation [24 CFR 5.2007(b)(2)].

8.6.3. Any request for documentation of domestic violence, dating violence, sexual assault, stalking or human trafficking, will be in writing, will specify a deadline of 14 business days following receipt of the request, will describe the three forms of acceptable documentation, will provide explicit instructions on where and to whom the documentation must be submitted, and will state the consequences for failure to submit the documentation or request an extension in writing by the deadline.

8.6.3.1. The RHA may, at its discretion, extend the deadline for 10 business days. In determining whether to extend the deadline, the RHA will consider factors that may contribute to the victim’s inability to provide documentation in a timely manner, including cognitive limitations, disabilities, limited English proficiency, absence from the unit, administrative delays, the danger of further violence, and the victim’s need to address health or safety issues. Any extension granted by the RHA will be in writing.

8.6.3.2. Once the victim provides documentation, the RHA will acknowledge receipt of the documentation and render a decision on the request for continued assistance within 10 business days.

8.7. CONFLICTING DOCUMENTATION [24 CFR 5.2007(b)(2)]

In cases where the RHA receives conflicting certification documents from two or more members of a household, each claiming to be a victim and naming one or more of the other petitioning household members as the perpetrator, the RHA may determine which is the true victim by requiring each to provide acceptable third-party documentation, as described above (forms 2 and 3). The RHA may also request third-party documentation when submitted documentation contains information that conflicts with existing information already available to the RHA. The RHA must honor any court orders issued to protect the victim or to address the distribution of property. In cases of conflicting information, the RHA may require an applicant or tenant to submit third-party documentation within 30 calendar days of the date of the request for the third-party documentation.

8.7.1. If presented with conflicting certification documents (two or more forms HUD-5382) from members of the same household, the RHA will attempt to determine which is the true victim by requiring each of them to provide third-party documentation in accordance with 24 CFR 5.2007(b)(2) and by following any HUD guidance on how such determinations should be made.

8.7.2. If the RHA does not receive third-party documentation within the required timeframe (and any extensions), the RHA will deny VAWA protections and will notify the applicant or tenant in writing of the denial.

8.7.3. When requesting third-party documents, the RHA will provide contact information for local domestic violence and legal aid offices. In such cases, applicants or tenants will be given 30 calendar days from the date of the request to provide such documentation.

8.8. DISCRETION TO REQUIRE NO FORMAL DOCUMENTATION [24 CFR 5.2007(b)(1)(iv)]

The RHA has the discretion to provide benefits to an individual based solely on the individual’s statement or other corroborating evidence—i.e., without requiring formal documentation of abuse in accordance with 24 CFR 5.2007(b). HUD recommends documentation in a confidential manner when a verbal statement or other evidence is accepted.

8.8.1. If the RHA accepts an individual’s statement or other corroborating evidence (as determined by the victim) of domestic violence, dating violence, sexual assault, stalking, or human trafficking, the RHA will document acceptance of the statement or evidence, in a secure place.

8.9. FAILURE TO PROVIDE DOCUMENTATION [24 CFR 5.2007(a)(2)]

In order to deny relief for protection under VAWA, the RHA must provide the individual requesting relief with a written request for documentation of abuse. If the individual fails to provide the documentation within 14 business days from the date of receipt, the RHA may deny relief for protection under VAWA.

8.10. CONFIDENTIALITY [24 CFR 5.2007(c)]

All information provided to the RHA regarding domestic violence, dating violence, sexual assault, stalking, or human trafficking, including the fact that an individual is a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking, must be retained in confidence. This means that the RHA (1) may not enter the information into any shared database, (2) may not allow employees or others to access the information unless they are explicitly authorized to do so and have a need to know the information for purposes of their work, and (3) may not provide the information to any other entity or individual, except to the extent that the disclosure is (a) requested or consented to by the individual in writing, (b) required for use in an eviction proceeding, or c) otherwise required by applicable law.

8.10.1. If disclosure is required for use in an eviction proceeding or is otherwise required by applicable law, the RHA will inform the victim before disclosure occurs so that safety risks can be identified and addressed.

EXHIBIT 8-1: SAMPLE EMERGENCY TRANSFER PLAN

Reno Housing Authority

Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking

Emergency Transfers

Reno Housing Authority (RHA) is concerned about the safety of its tenants, and such concern extends to tenants who are victims of domestic violence, dating violence, sexual assault, or stalking. In accordance with the Violence Against Women Act (VAWA),¹ RHA allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer from the tenant’s current unit to another unit. The ability to request a transfer is available regardless of sex, gender identity, or sexual orientation.² The ability of RHA to honor such request for tenants currently receiving assistance, however, may depend upon a preliminary determination that the tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, and on whether RHA has another dwelling unit that is available and is safe to offer the tenant for temporary or more permanent occupancy.

This plan identifies tenants who are eligible for an emergency transfer, the documentation needed to request an emergency transfer, confidentiality protections, how an emergency transfer may occur, and guidance to tenants on safety and security. This plan is based on a model emergency transfer plan published by the U.S. Department of Housing and Urban Development (HUD), the Federal agency that oversees that Reno Housing Authorities Programs are in compliance with VAWA.

¹ Despite the name of this law, VAWA protection is available to all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.

² Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national origin, religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status.

Eligibility for Emergency Transfers

A tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking, as provided in HUD’s regulations at 24 CFR part 5, subpart L is eligible for an emergency transfer, if: the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant remains within the same unit. If the tenant is a victim of sexual assault, the tenant may also be eligible to transfer if the sexual assault occurred on the premises within the 90-calendar-day period preceding a request for an emergency transfer.

A tenant requesting an emergency transfer must expressly request the transfer in accordance with the procedures described in this plan.

Tenants who are not in good standing may still request an emergency transfer if they meet the eligibility requirements in this section.

Emergency Transfer Request Documentation

To request an emergency transfer, the tenant shall notify RHA’s management office and submit a written request for a transfer to RHA Administrative Offices, located at 1525 E. 9th Street, Reno, NV 89512. RHA will provide reasonable accommodations to this policy for individuals with disabilities. The tenant’s written request for an emergency transfer should include either:

1. A statement expressing that the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant were to remain in the same dwelling unit assisted under RHA’s program; OR
2. A statement that the tenant was a sexual assault victim and that the sexual assault occurred on the premises during the 90-calendar-day period preceding the tenant’s request for an emergency transfer.

The RHA may allow for a verbal statement/self-certification in certain circumstances. While the RHA may request in writing that the victim provide documentation of an occurrence of domestic violence, dating violence, sexual assault, or stalking, third-party documentation may not be required to qualify the tenant for an emergency transfer.

Confidentiality

RHA will keep confidential any information that the tenant submits in requesting an emergency transfer, and information about the emergency transfer, unless the tenant gives RHA written permission to release the information on a time limited basis, or disclosure of the information is required by law or required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program. This includes keeping confidential the new location of the dwelling unit of the tenant, if one is provided, from the person(s) that committed an act(s) of domestic violence, dating violence, sexual assault, or stalking against the tenant. See the Notice of Occupancy Rights under the Violence Against Women Act For All Tenants for more information about RHA’s responsibility to maintain the confidentiality of information related to incidents of domestic violence, dating violence, sexual assault, or stalking.

Emergency Transfer Timing and Availability

RHA cannot guarantee that a transfer request will be approved or how long it will take to process a transfer request. RHA will, however, act as quickly as possible to move a tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking to another unit, subject to availability and safety of a unit. If a tenant reasonably believes a proposed transfer would not be safe, the tenant may request a transfer to a different unit. If a unit is available, the transferred tenant must agree to abide by the terms and conditions that govern occupancy in the unit to which the tenant has been transferred. RHA may be unable to transfer a tenant to a particular unit if the tenant has not or cannot establish eligibility for that unit.

If RHA has no safe and available units for which a tenant who needs an emergency is eligible, RHA will assist the tenant in identifying other housing providers who may have safe and available units to which the tenant could move. At the tenant’s request, RHA will also assist tenants in contacting the local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking that are attached to this plan.

Internal and External Transfer Requests

The tenant may request an internal transfer within the same single or scattered site property in which the tenant resides or may request an external move to move out of the property in which they reside. The victim may request both an internal transfer and an external move concurrently if an internal safe unit is not immediately available. The RHA will make all reasonable efforts to assist tenants with requesting both internal transfers and external.

The RHA will allow the tenant to make an internal transfer when a safe unit is not immediately available. The owner defines immediately available as a vacant unit, ready for move-in within a reasonable period of time based on local factors. The RHA will ensure that requests for internal emergency transfers under VAWA are given the same priority already provided to other types of emergency transfer requests. The tenant will be offered the first available vacant unit ready for move-in to the same property or in another building that is part of the same scattered-site property in accordance with this plan. The victim will be allowed to assess the availability of the units and the suitability according to the individual circumstances of the household. If the first unit offered is not suitable due to these circumstances, the RHA will continue to make every effort to provide an alternative unit as soon as one is available that meets the criteria for the household. If an internal transfer is not viable, the RHA will discuss transfer options for external moves with the victim in accordance with this plan.

An external move may be requested when a unit that meets the victim’s safety standard is not available at the current property or is not immediately available. If an external move is required, the RHA will, at a minimum, provide the victim with contact information for relevant local service providers, government agencies, and other affordable housing developments in the area.

Note that qualifying for an emergency transfer does not guarantee either continued assistance under the current program or an external move to another covered housing program. Emergency transfer requirements do not supersede any eligibility or occupancy requirements that may apply under a covered housing program. Tenants must still meet the eligibility criteria for the property to which they are moving.

Emergency transfers will not take priority over waiting list admissions for these types of assistance. At your request, the RHA will refer you to organizations that may be able to further assist you.

Safety and Security of Tenants

Pending processing of the transfer and the actual transfer, if it is approved and occurs, the tenant is urged to take all reasonable precautions to be safe.

Tenants who are or have been victims of domestic violence are encouraged to contact the National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter, for assistance in creating a safety plan. For persons with hearing impairments, that hotline can be accessed by calling 1-800-787-3224 (TTY).

Tenants who have been victims of sexual assault may call the Rape, Abuse & Incest National Network’s National Sexual Assault Hotline at 800-656-HOPE, or visit the online hotline at https://ohl.rainn.org/online/.

Tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime’s Stalking Resource Center at https://www.victimsofcrime.org/our-programs/stalking-resource-center.

Attachment: Local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking.

RHA has included below, local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking:

Safe Embrace: This organization specializes in helping you get a plan for your safety. They’re experts at helping you remove yourself from the situation. You can request their help by filling out this online form: https://www.safeembrace.org/services-2/ They also offer a 24-hour crisis helpline at 775-322-3466.

Domestic Violence Resource Center: This Agency can help you with advocacy, housing, TPOs, and children services. They offer emergency housing as well as support groups. They can be reached at 775-329-4150.

Crisis Support Services of Nevada: (775-784-8090 or text LISTEN to 839863)

EXHIBIT 8-2: SAMPLE NOTICE OF OCCUPANCY RIGHTS UNDER THE VIOLENCE AGAINST WOMEN ACT, FORM HUD-5380

Reno Housing Authority

Notice of Occupancy Rights under the Violence Against Women Act³

To all Tenants and Applicants

The Violence Against Women Act (VAWA) provides protections for victims of domestic violence, dating violence, sexual assault, or stalking. VAWA protections are not only available to women, but are available equally to all individuals regardless of sex, gender identity, or sexual orientation.⁴ The U.S. Department of Housing and Urban Development (HUD) is the Federal agency that oversees that the Reno Housing Authority is in compliance with VAWA. This notice explains your rights under VAWA. A HUD-approved certification form is attached to this notice. You can fill out this form to show that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your rights under VAWA.”

Protections for Applicants

If you otherwise qualify for assistance under the Reno Housing Authority, you cannot be denied admission or denied assistance because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.

Protections for Tenants

If you are receiving assistance under the Reno Housing Authority, you may not be denied assistance, terminated from participation, or be evicted from your rental housing because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.

Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, dating violence, sexual assault, or stalking by a member of your household or any guest, you may not be denied rental assistance or occupancy rights under the Reno Housing Authority solely on the basis of criminal activity directly relating to that domestic violence, dating violence, sexual assault, or stalking.

Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom you stand in the place of a parent or guardian (for example, the affiliated individual is in your care, custody, or control); or any individual, tenant, or lawful occupant living in your household.

Removing the Abuser or Perpetrator from the Household

the Reno Housing Authority may divide (bifurcate) your lease in order to evict the individual or terminate the assistance of the individual who has engaged in criminal activity (the abuser or perpetrator) directly relating to domestic violence, dating violence, sexual assault, or stalking.

If the Reno Housing Authority chooses to remove the abuser or perpetrator, the Reno Housing Authority may not take away the rights of eligible tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to have established eligibility for assistance under the program, the Reno Housing Authority must allow the tenant who is or has been a victim and other household members to remain in the unit for a period of time, in order to establish eligibility under the program or under another HUD housing program covered by VAWA, or, find alternative housing.

In removing the abuser or perpetrator from the household, the Reno Housing Authority must follow Federal, State, and local eviction procedures. In order to divide a lease, the Reno Housing Authority may, but is not required to, ask you for documentation or certification of the incidences of domestic violence, dating violence, sexual assault, or stalking.

Moving to Another Unit

Upon your request, the Reno Housing Authority may permit you to move to another unit, subject to the availability of other units, and still keep your assistance. In order to approve a request, the Reno Housing Authority may ask you to provide documentation that you are requesting to move because of an incidence of domestic violence, dating violence, sexual assault, or stalking. If the request is a request for emergency transfer, the housing provider may ask you to submit a written request or fill out a form where you certify that you meet the criteria for an emergency transfer under VAWA. The criteria are:

1. You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation, as described in the documentation section below.
2. You expressly request the emergency transfer. Your housing provider may choose to require that you submit a form, or may accept another written or oral request.
3. You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future.

OR

You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90-calendar-day period before you expressly request the transfer.

The Reno Housing Authority will keep confidential requests for emergency transfers by victims of domestic violence, dating violence, sexual assault, or stalking, and the location of any move by such victims and their families.

The Reno Housing Authority’s emergency transfer plan provides further information on emergency transfers, and the Reno Housing Authority must make a copy of its emergency transfer plan available to you if you ask to see it.

Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual Assault or Stalking

The Reno Housing Authority can, but is not required to, ask you to provide documentation to “certify” that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Such request from the Reno Housing Authority must be in writing, and the Reno Housing Authority must give you at least 14 business days (Saturdays, Sundays, and Federal holidays do not count) from the day you receive the request to provide the documentation. The Reno Housing Authority may, but does not have to, extend the deadline for the submission of documentation upon your request.

You can provide one of the following to the Reno Housing Authority as documentation. It is your choice which of the following to submit, if the Reno Housing Authority asks you to provide documentation that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.

• A complete HUD-approved certification form given to you by the Reno Housing Authority with this notice, that documents an incident of domestic violence, dating violence, sexual assault, or stalking. The form will ask for your name, the date, time, and location of the incident of domestic violence, dating violence, sexual assault, or stalking, and a description of the incident. The certification form provides for including the name of the abuser or perpetrator if the name of the abuser or perpetrator is known and is safe to provide.
• A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency that documents the incident of domestic violence, dating violence, sexual assault, or stalking. Examples of such records include police reports, protective orders, and restraining orders, among others.
• A statement, which you must sign, along with the signature of an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional or a mental health professional (collectively, “professional”) from whom you sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse, and with the professional selected by you attesting under penalty of perjury that he or she believes that the incident or incidents of domestic violence, dating violence, sexual assault, or stalking are grounds for protection.
• Any other statement or evidence that the Reno Housing Authority has agreed to accept.

If you fail or refuse to provide one of these documents within the 14 business days, the Reno Housing Authority does not have to provide you with the protections contained in this notice.

If the Reno Housing Authority receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed (such as certification forms from two or more members of a household each claiming to be a victim and naming one or more of the other petitioning household members as the abuser or perpetrator), the Reno Housing Authority has the right to request that you provide third-party documentation within thirty 30 calendar days in order to resolve the conflict. If you fail or refuse to provide third-party documentation where there is conflicting evidence, the Reno Housing Authority does not have to provide you with the protections contained in this notice.

Confidentiality

The Reno Housing Authority must keep confidential any information you provide related to the exercise of your rights under VAWA, including the fact that you are exercising your rights under VAWA.

The Reno Housing Authority must not allow any individual administering assistance or other services on behalf of the Reno Housing Authority (for example, employees and contractors) to have access to confidential information unless for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law.

The Reno Housing Authority must not enter your information into any shared database or disclose your information to any other entity or individual. The Reno Housing Authority, however, may disclose the information provided if:

• You give written permission to the Reno Housing Authority to release the information on a time limited basis.
• The Reno Housing Authority needs to use the information in an eviction or termination proceeding, such as to evict your abuser or perpetrator or terminate your abuser or perpetrator from assistance under this program.
• A law requires the Reno Housing Authority or your landlord to release the information.

VAWA does not limit the Reno Housing Authority’s duty to honor court orders about access to or control of the property. This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up.

Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or Assistance May Be Terminated

You can be evicted and your assistance can be terminated for serious or repeated lease violations that are not related to domestic violence, dating violence, sexual assault, or stalking committed against you. However, the Reno Housing Authority cannot hold tenants who have been victims of domestic violence, dating violence, sexual assault, or stalking to a more demanding set of rules than it applies to tenants who have not been victims of domestic violence, dating violence, sexual assault, or stalking.

The protections described in this notice might not apply, and you could be evicted and your assistance terminated, if the Reno Housing Authority can demonstrate that not evicting you or terminating your assistance would present a real physical danger that:

1. Would occur within an immediate time frame, and
2. Could result in death or serious bodily harm to other tenants or those who work on the property.

If the Reno Housing Authority can demonstrate the above, the Reno Housing Authority should only terminate your assistance or evict you if there are no other actions that could be taken to reduce or eliminate the threat.

Other Laws

VAWA does not replace any Federal, State, or local law that provides greater protection for victims of domestic violence, dating violence, sexual assault, or stalking. You may be entitled to additional housing protections for victims of domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as under State and local laws.

Non-Compliance with The Requirements of This Notice

You may report a covered housing provider’s violations of these rights and seek additional assistance, if needed, by contacting or filing a complaint with at:

U.S. Department of Housing and Urban Development
One Sansome Street, Suite 1200
San Francisco, CA 94104-4430
Phone: (415) 489-6400

For Additional Information

You may view a copy of HUD’s final VAWA rule at:
https://portal.hud.gov/hudportal/documents/huddoc?id=5720-F-03VAWAFinRule.pdf

Additionally, the Reno Housing Authority must make a copy of HUD’s VAWA regulations available to you if you ask to see them.

For questions regarding VAWA, please contact a Housing Specialist.

For help regarding an abusive relationship, you may call the National Domestic Violence Hotline at 1-800-799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY). You may also contact Safe Embrace at (775) 322-3466, Domestic Violence Resource Center at (775) 329-4150, or Children’s Cabinet at (775) 856-6200.

For tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime’s Stalking Resource Center at:
https://www.victimsofcrime.org/our-programs/stalking-resource-center.

For help regarding sexual assault, you may also contact Safe Embrace at (775) 322-3466, Domestic Violence Resource Center at (775) 329-4150, or Children’s Cabinet at (775) 856-6200.

Victims of stalking seeking help may contact Safe Embrace at (775) 322-3466, The Committee to Aide Abused Women at (775) 329-4150, or Children’s Cabinet at (775) 856-6200.

Attachment: Certification form HUD-5382

³ Despite the name of this law, VAWA protection is available regardless of sex, gender identity, or sexual orientation.

⁴ Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national origin, religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status.

EXHIBIT 8-3: CERTIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING AND ALTERNATE DOCUMENTATION, FORM HUD-5382

CERTIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, AND ALTERNATE DOCUMENTATION

U.S. Department of Housing and Urban Development

OMB Approval No. 2577-0286

Exp. 06/30/2017

Purpose of Form: The Violence Against Women Act (“VAWA”) protects applicants, tenants, and program participants in certain HUD programs from being evicted, denied housing assistance, or terminated from housing assistance based on acts of domestic violence, dating violence, sexual assault, or stalking against them. Despite the name of this law, VAWA protection is available to victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.

Use of This Optional Form: If you are seeking VAWA protections from your housing provider, your housing provider may give you a written request that asks you to submit documentation about the incident or incidents of domestic violence, dating violence, sexual assault, or stalking.

In response to this request, you or someone on your behalf may complete this optional form and submit it to your housing provider, or you may submit one of the following types of third-party documentation:

(1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, or a mental health professional (collectively, “professional”) from whom you have sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse. The document must specify, under penalty of perjury, that the professional believes the incident or incidents of domestic violence, dating violence, sexual assault, or stalking occurred and meet the definition of “domestic violence,” “dating violence,” “sexual assault,” or “stalking” in HUD’s regulations at 24 CFR 5.2003.

(2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or

(3) At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant.

Submission of Documentation: The time period to submit documentation is 14 business days from the date that you receive a written request from your housing provider asking that you provide documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housing provider may, but is not required to, extend the time period to submit the documentation, if you request an extension of the time period. If the requested information is not received within 14 business days of when you received the request for the documentation, or any extension of the date provided by your housing provider, your housing provider does not need to grant you any of the VAWA protections. Distribution or issuance of this form does not serve as a written request for certification.

Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking shall be kept confidential and such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections to you, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law.

TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING

1. Date the written request is received by victim: _________________________________________

2. Name of victim: ___________________________________________________________________

3. Your name (if different from victim’s): ________________________________________________

4. Name(s) of other family member(s) listed on the lease: ___________________________________

___________________________________________________________________________________

5. Residence of victim: ________________________________________________________________

6. Name of the accused perpetrator (if known and can be safely disclosed): ____________________

___________________________________________________________________________________

7. Relationship of the accused perpetrator to the victim: ___________________________________

8. Date(s) and times(s) of incident(s) (if known): __________________________________________

___________________________________________________________________________________

10. Location of incident(s): _____________________________________________________________

This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction.

In your own words, briefly describe the incident(s):

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

Signature __________________________________Signed on (Date) ___________________________

Public Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour per response. This includes the time for collecting, reviewing, and reporting the data. The information provided is to be used by the housing provider to request certification that the applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget control number.

EXHIBIT 8-4: EMERGENCY TRANSFER REQUEST FOR CERTAIN VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, FORM HUD-5383

EMERGENCY TRANSFER REQUEST FOR CERTAIN VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING

U.S. Department of Housing and Urban Development

OMB Approval No. 2577-0286

Exp. 06/30/2017

Purpose of Form: If you are a victim of domestic violence, dating violence, sexual assault, or stalking, and you are seeking an emergency transfer, you may use this form to request an emergency transfer and certify that you meet the requirements of eligibility for an emergency transfer under the Violence Against Women Act (VAWA). Although the statutory name references women, VAWA rights and protections apply to all victims of domestic violence, dating violence, sexual assault or stalking. Using this form does not necessarily mean that you will receive an emergency transfer. See your housing provider’s emergency transfer plan for more information about the availability of emergency transfers.

The requirements you must meet are:

(1) You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation. In response, you may submit Form HUD-5382, or any one of the other types of documentation listed on that Form.

(2) You expressly request the emergency transfer. Submission of this form confirms that you have expressly requested a transfer. Your housing provider may choose to require that you submit this form or may accept another written or oral request. Please see your housing provider’s emergency transfer plan for more details.

(3) You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer, you would suffer violence in the very near future.

OR

You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90-calendar-day period before you submit this form or otherwise expressly request the transfer.

Submission of Documentation: If you have third-party documentation that demonstrates why you are eligible for an emergency transfer, you should submit that documentation to your housing provider if it is safe for you to do so. Examples of third party documentation include, but are not limited to: a letter or other documentation from a victim service provider, social worker, legal assistance provider, pastoral counselor, mental health provider, or other professional from whom you have sought assistance; a current restraining order; a recent court order or other court records; a law enforcement report or records; communication records from the perpetrator of the violence or family members or friends of the perpetrator of the violence, including emails, voicemails, text messages, and social media posts.

Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking, and concerning your request for an emergency transfer shall be kept confidential. Such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections or an emergency transfer to you. Such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law.

TO BE COMPLETED BY OR ON BEHALF OF THE PERSON REQUESTING A TRANSFER

1. Name of victim requesting an emergency transfer: ______________________________________

2. Your name (if different from victim’s) __________________________________________________

3. Name(s) of other family member(s) listed on the lease: ____________________________________

___________________________________________________________________________________

4. Name(s) of other family member(s) who would transfer with the victim: ____________________

___________________________________________________________________________________

5. Address of location from which the victim seeks to transfer: ______________________________

6. Address or phone number for contacting the victim: ____________________________________

7. Name of the accused perpetrator (if known and can be safely disclosed): ___________________

8. Relationship of the accused perpetrator to the victim: ___________________________________

9. Date(s), Time(s) and location(s) of incident(s): __________________________________________

___________________________________________________________________________________

10. Is the person requesting the transfer a victim of a sexual assault that occurred in the past 90 days on the premises of the property from which the victim is seeking a transfer? If yes, skip question 11. If no, fill out question 11. ______________

11. Describe why the victim believes they are threatened with imminent harm from further violence if they remain in their current unit.

___________________________________________________________________________________

___________________________________________________________________________________

12. If voluntarily provided, list any third-party documentation you are providing along with this notice: ___________________________________________________________________

This is to certify that the information provided on this form is true and correct to the best of my knowledge, and that the individual named above in Item 1 meets the requirement laid out on this form for an emergency transfer. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction.

Signature __________________________________Signed on (Date) ___________________________