Applicants will be referred to the BHA from the Owner’s waiting list for eligibility determination in according with this chapter.
10.1 Threshold Eligibility Requirements
See section 5.2 of the HCVP Administrative Plan and all of its subsections.
10.2 Eligibility Interview (Final Eligibility)
See section 5.3 of the HCVP Administrative Plan and all of its subsections.
10.3 Family Composition
See section 5.4 of the HCVP Administrative Plan and all of its subsections.
10.4 Income Eligibility and Targeting
See section 5.5 of the HCVP Administrative Plan and all of its subsections.
10.4.1 Admission of Lower Income Families
The BHA has authority provide assistance to Lower Income Families in 10 percent of it Mod Rehab portfolio. This authority can only be used to prevent displacement of Families residing in the property prior to rehabilitation. The BHA considers Lower Income Families to be in danger of displacement if the post-rehabilitation rents, plus the Tenant supplied utilities, exceed 30 percent of the Family’s adjusted gross income (gross income minus deductions).
10.4.2 Accessibility for Disabled Persons
The BHA may use a portion of its allocations to provide barrier-free Units for Disabled Persons. If selected proposals include Units that are already occupied by the Disabled, Owners will be required to permit Reasonable Modifications as required by law. See also 24 C.F.R. § 100.203. When barrier-free Units become vacant, Disabled Applicants on the Owner’s waiting list with similar Disabilities will be given preference to lease these Units.
10.5 Review of Citizenship and Eligible Immigration Status
See section 5.6 of the HCVP Administrative Plan and all of its subsections.
10.6 Review of Criminal Offender Record Information (CORI)
See section 5.7 of the HCVP Administrative Plan and all of its subsections.
10.7 Required Release Forms
See section 5.8 of the HCVP Administrative Plan.
10.8 Denial of Eligibility
The Mod Rehab Program grounds for denial of Eligibility, Priority status or Preference and the process for appealing a decision to deny are the same as those found in the HCVP Administrative Plan, unless where an Applicant does not meet the definition of homeless required for eligibility to the McKinney-Vento SRO program. The BHA will deny an Applicant in accordance with Chapter 6 of the HCVP Administration Plan. Upon Denial of Eligibility for the Mod Rehab program, an Applicant shall be removed from all Mod Rehab site-based waiting lists and any other BHA waiting lists where Section 8 eligibility is required, or only withdrawn from McKinney-Vento SRO lists where that requirement is necessary.
10.8.1 Limitation on Number of Eligibility Determinations
For each Applicant, the BHA shall only be required to determine Section 8 eligibility once every eighteen (18) months unless the Applicant was denied for one or more of the following reasons:
(a) Lack of Citizenship or eligible Non-Citizen status;
(b) Past due balance owed to a publicly assisted housing program;
(c) Lack of priority status;
(d) Family income exceeds the applicable program limits;
The BHA may re-determine eligibility for an Applicant in less than eighteen (18) months as reasonable accommodation for a person with disabilities.
10.9 Briefing the Family
If the Family is determined eligible for housing assistance payments or is selected for participation in the Mod Rehab Program, the BHA will provide a letter inviting them to a briefing session.
If the Applicant is ineligible, the BHA will give them a letter stating the reason for ineligibility and informing the Family of their right to request an informal review of the determination or a reasonable accommodation. The letter will also include a description of the process for obtaining such a review. Failure to attend the briefing session will result in withdrawal from the waiting list.
10.9.1 Briefing Session
BHA staff will brief Eligible Families on the amount of their Tenant Rent and provide them with a copy of the BHA’s Utility Allowances schedule. Applicants may supply their own interpreter for the briefing, but the BHA will take reasonable steps to assure meaningful access by Disabled Persons and persons with limited English ability in accordance with section 2.2.4 of this Administrative Plan.
Each Family will also be provided with a “Statement of Family Responsibility,” the obligations of which must be fulfilled along with the obligations of the Lease. See 24 C.F.R. § 882.413(a). Each Family will receive a full explanation of the following, in accordance with 24 C.F.R. § 882.514:
(i) Family and Owner responsibilities under the Lease and Contract;
(ii) Significant aspects of the applicable State and local laws;
(iii) Significant aspects of Federal, State and local fair housing laws;
(iv) The fact that the subsidy is tied to the unit and the Family must occupy a unit rehabilitated under the Mod Rehab Program;
(v) The Family's options under the Mod Rehab Program should the Family be required to move due to an increase or decrease in Family size; and
(vi) The advisability and availability of blood lead level screening for children under 6 years of age and HUD's lead-based paint requirements in part 35, subparts A, B, H, and R of this title.
10.9.2 Additional Information Given at Briefing
Applicants will also receive BHA policies regarding Domestic Violence and Reasonable Accommodation for Individuals with Disabilities.
For all Families to be temporarily relocated, the briefing will include a discussion of the relocation policies.
10.9.3 Consequences of Failure to Attend Briefing Session
If the Family does not attend the scheduled briefing session, they will be sent a letter, explaining that they must contact BHA staff to make an appointment for another briefing session or they may be denied assistance for the selected Unit. If the Applicant does not respond or fails to attend the second briefing session, the BHA may deny assistance in accordance with section 10.8. Mod Rehab
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