JUDSON TERRACE HOMES 3000 AUGUSTA STREET, SAN LUIS OBISPO, CA TELEPHONE (805) TDD EXT. 478

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1 JUDSON TERRACE HOMES 3000 AUGUSTA STREET, SAN LUIS OBISPO, CA TELEPHONE (805) TDD EXT. 478 RESIDENT SELECTION PLAN Judson Terrace Homes is a 75 unit non-profit housing organization that provides housing for very low income seniors at least 62 years of age without regard to race, color, sex, creed, religion, national origin, physical or mental disability status, familial status, age, ancestry, marital status, source of income, sexual orientation or any other arbitrary personal characteristics. Judson Terrace Homes operates under HUD s Section 202 program for the elderly in conjunction with the Section 8 Housing Assistance Payment Program. Judson Terrace Homes will make reasonable accommodations to individuals whose disability so requires. Reasonable Accommodation Request forms are available upon request from management. Judson Terrace Homes is an Equal Opportunity Housing Facility, admitting people in accordance with Local, State and Federal Fair Housing laws, HUD Section 202/8 Program Regulations and the Affirmative Fair Housing and Marketing Plan (AFHMP) HUD Form AGE/ DISABILITY REQUIREMENT The Head of Household or Spouse MUST be 62 years of age or older at time of application. INCOME LIMITS To qualify for a unit, household s gross income may not exceed the maximum income limit per household size for the Low Income limit (80% AMI) as published annually by HUD. The income limits are attached and will be posted in the Judson Terrace Homes Office. APPLICATION PROCEDURES Applications will only be distributed when the Waiting List is open. Applications will not be distributed when the Waiting List is closed. Applications will be available in the office during normal business hours or by requesting an application by telephone. Each applicant must complete an application and be willing to submit to a credit history, rental history, and criminal background inquiry, as well as income and asset verifications. All application entries are to be made in ink or typed. Corrections or changes are to be made by lining through the original entry and entering the correct data. Such changes must be dated and initialed by the person making the change. Signed and dated applications will be processed on a first-come, firstserved basis. The application must be completed and signed by the head of household and all household members over 18 before an applicant can be placed on the waiting list. If an application is not completely answered, the date of it being fully completed will be the date that the application is considered accepted for rental purposes. PREFERENCES It is the policy of the Property that a preference does not guarantee admission. Every applicant must still meet the Property s Resident Selection Plan standards for acceptance as a resident. For units accessible to or adaptable for persons with mobility, visual or hearing impairments, households containing at least one person with such impairment will have first priority. Forty percent (40%) of Section 8 subsidized vacancies each year must be set-aside for households whose income does not exceed 30% of the area median income ( extremely low-income ) as published by HUD. Therefore, persons lower on the waiting list could be offered an apartment first to satisfy this 40% regulation. To implement this preference we will select the first extremely lowincome applicant on the waiting list (which may mean "skipping over some applicants with higher incomes) for the available unit, and then select the next eligible applicant currently at the top of the waiting list (regardless of income level) for the next available unit. As subsequent units become available, Resident selection continues to alternate between the next extremely low-income applicant and the eligible applicant at the top of the waiting list until the 40% target is reached. Judson Terrace Homes Resident Selection Plan 05/25/2009 Page 1

2 Where preferences apply, applicants with a verified preference will be moved to the top of the waiting list above persons without a preference. UNIT TRANSFER POLICY A Unit Transfer List is maintained for those residents who have been approved for transfer on the basis of a disability or for medical reasons certified by a health care professional. Additionally, Judson Terrace Homes will pay for moving expenses for a unit transfer conducted due to a reasonable accommodation to a household member s disability. Transfers for accessibility or medical reasons will have priority over those for changes in household composition. Residents on the Unit Transfer List will have priority over the applicants on the Waiting List. OCCUPANCY STANDARDS Occupancy standards are the criterion established for matching a household with the most appropriate size and type of apartment. Two Persons per bedroom occupancy guidelines will be followed to avoid under or over utilization of the units as follows: Bedroom Household Minimum Household Maximum Studio To determine the proper bedroom size for which a household may qualify, the following household members are to be included: 1. All full-time members of the household and; 2. Foster children; Unborn children; Children in the process of being adopted; 3. Live-in attendants. NOTE: Live-in attendants are subject to the criminal and landlord provisions of this plan with the exception of criteria that determines ability to pay rent. Exceptions to these Occupancy Standards may be made when required as a reasonable accommodation for a disabled household member. DISCLOSURE OF SOCIAL SECURITY NUMBERS All applicants are required to disclose proof of Social Security Number (SSN) or, if the applicant has never been issued a SSN must certify that they have never been issued a SSN. Proof of SSN includes, original social security card, identification issued by a governmental agency, medical insurance company, employer or union. Or paycheck stub, bank statement, 1099 form, benefit award letter, life insurance policy or court records. Applicants who have a SSN but cannot provide proof must certify that the number is accurate and that acceptable proof could not be provided. Applicant may maintain present place on waiting list for 60 days following this certification. However, should the applicant fail to provide proof of SSN within this 60 day period, the applicant will be found to be ineligible. RESTRICTION ON ASSISTANCE TO NON-CITIZENS By law, only US citizens and eligible non-citizens are eligible for rental assistance. All family members, regardless of age, must declare their citizenship or immigration status. US citizens must sign a declaration of citizenship. Non-citizens (except those age 62 and older) must sign a verification form and submit documentation of their status or sign a declaration that they are not claiming eligible immigration status. The Administrator is required to verify the validity of documents submitted by the applicant with the Department of Homeland Security (DHS) through their automated verification system. An applicant that provides documentation but is later determined by the DHS to be invalid documentation will have the assistance removed for that household member. Non-citizens age 62 and older must provide proof of age and sign a declaration that they have eligible immigration status. Mixed families, a family that contains both eligible and non-eligible members may receive prorated assistance. Applicant families must contain at least one family member that is a US Citizen or eligible non-citizen. Applicants who hold non-citizen student visas and non citizens living with the student are considered ineligible for assistance. Judson Terrace Homes Resident Selection Plan 05/25/2009 Page 2

3 Applicants who submit the required documentation in a timely manner will not have a delay or termination of assistance while waiting for the DHS verification or appeals process. Applicants who cannot provide documentation of eligible immigration status at the time of the applicant interview will be given a 14 day period to provide this documentation, if they provide a certification that the documentation is temporarily unavailable. Provided that at least one family member has provided documentation, the family may move in with prorated assistance provided they are otherwise eligible. Families that are found to be ineligible have the right to appeal the decision. The notice of ineligibility will describe the applicants options. RESTRICTION ON ASSISTANCE TO STUDENTS A student enrolled in an Institute of Higher Education as defined by the Higher Education Act of 1965-Amended 1998 will be deemed eligible for assistance if the student meets all other eligibility requirements, passes screening criteria and is (a) Living with parents/guardian or (b) Disabled and was receiving assistance as of November 30, 2005 (c) Over 23 years of age or (d) A veteran or (e) Married or (f) Has a dependent child or (g) Can prove independence of parents including providing certification that the parents did not claim the student on the most recent tax return and is of legal contract age under state law or (h) Has parents who are income eligible for the Section 8 program. Determination of a student s eligibility will be made at move-in, initial certification, annual recertification and at interim recertification if one of the family composition changes reported is enrollment as a student. Applicant families with an ineligible student are not eligible for prorated assisted, rather they will be rejected. Existing resident families whose family contains an ineligible student will not receive prorated assistance; rather they will have assistance terminated. GROUNDS FOR REJECTION 1. The household does not meet the age and disability requirements of the property as outlined above in the age/disability requirement section of this plan. 2. Total family income exceeds the applicable income limits published by HUD. 3. Household cannot pay the full security deposit at move-in. 4. Household refuses to accept the second offer of a unit. 5. ANY adult household member fails to attend eligibility interview. 6. Applicant failed to provide adequate verification of income or we are unable to adequately verify income and/or income sources. 7. Providing or submitting false or untrue information on your application or failure to cooperate in any way with the verification process. 8. Unit assignment will NOT be the family s sole place of residency. 9. Inappropriate household size for the unit available (see Occupancy Standards). 10. Family members failed to provide proof of a social security number or refused to certify that they have never been assigned a number. 11. Household does not meet the Restriction on assistance to students section of this plan. 12. Household does not contain at least one American Citizen or Eligible non-citizen as outlined in the Restriction on Assistance to Non-Citizens section of this plan. LANDLORD REFERENCE 13. Negative landlord references that indicate lease violation, disturbing the peace, harassment, poor housekeeping, improper conduct, unauthorized occupants or other negative references against the household. 14. Evictions reported in the last 5 years. 15. History of late payment of rent that demonstrates more than 2 late payments of rent in a six-month period for the past two years. More than 1 NSF in a one-year period. Judson Terrace Homes Resident Selection Plan 05/25/2009 Page 3

4 16. Any evidence of illegal activity including drugs, gang, etc. 17. Any amount showing owed to a landlord or property management company found on credit report or other source. 18. Conviction of a felony CRIMINAL 19. Conviction of more than one (1) misdemeanor in the past three (3) years. 20. Listed as a registered sex offender. 21. Conviction of any drug, violent or other criminal activity that would threaten the household safety or right to peaceful enjoyment of the premises. 22. History of violence or drug or alcohol abuse or other potentially disruptive behavior as evidenced by a record of conviction or by documented statements concerning current illegal use or sale of a controlled substance. 23. There is a reasonable cause to believe that a household member s behavior of abuse or pattern of abuse of alcohol may interfere with the health, safety and right to peaceful enjoyment by other residents. GRIEVANCE/APPEAL PROCESS Failure to meet one or more of the foregoing screening criteria may be grounds for rejection, however, each application is considered as a whole and the above-factors are considered as part of a weighted formula. Should the applicants fail to meet the screening criteria, they will receive a notice in writing indicating that they have the right to appeal the decision. This notice must indicate that the applicant has 14 days to dispute the decision. An appeal meeting will be held within 10 business days of receipt of the applicant s request with a Management Agent employee who was not involved in the rejection of the application. Typically this will be with the Property Supervisor or Compliance Manager. Within five days of the appeal meeting, the property will advise the applicant in writing of the final decision regarding eligibility. Apartments will not be held for those applicants in the appeal process. VIOLENCE AGAINST WOMEN ACT The Violence Against Women and Justice Department Reauthorization Act of 2005 protects residents who are victims of domestic violence, dating violence, or stalking from being evicted or terminated from housing assistance based on acts of such violence against them. In accordance with the Violence Against Women Act (VAWA). Management will not penalize victims of domestic violence, stalking, dating violence, or rape. Some key points provided in the Act include: 1. A potential resident who certifies they were the victim of domestic violence may be allowed to be admitted even with poor credit and poor landlord evaluations if he/she can show those negative factors were caused by domestic violence. 2. It assured that victims of domestic violence, sexual assault, etc., can have access to the criminal justice system without facing eviction. 3. Where someone is abusive to other members of the household, only the abuser may be evicted. Furthermore, the standards for eviction due to imminent threat have been strengthened. 4. Residents in assisted housing who face violence may be allowed early lease termination for a matter of safety. Victims must certify their status as victims and that the incident in question was a bona fide incident of domestic violence by presenting appropriate documentation to the Property Manager. Nothing prevents a victim who has committed a crime or violated a lease from being denied, evicted or terminated. ADMINISTRATION OF WAITING LIST The property is required to maintain a Waiting List of all eligible applicants. Applicants must be placed on the Waiting List and selected from the Waiting List even in situations where there are vacancies and the application is processed upon receipt. This procedure is necessary to assure the complete and accurate processing of all documentation for all applicants. The property has one Waiting List that is established and maintained in chronological order based on the date and time of receipt of the Judson Terrace Homes Resident Selection Plan 05/25/2009 Page 4

5 Preliminary Application. The Waiting List contains the following information for each applicant: 1. Applicant Name 2. Address and/or Contact Information 3. Phone Number(s) 4. Unit Type/Size 5. Household Composition 6. Preference/Accessibility requirements 7. Income level 8. Date/ Time of Application Applicants must report changes in writing to any of the information immediately. Applicants will have the opportunity to decline the first apartment offered and retain their place on the waiting list. Should the applicant decline the offer of the next available unit, they will be removed from the waiting list. PURGING THE WAITING LIST The Waiting List will be purged periodically. Each applicant will receive a letter from the property, which will request updated information and ask about their continued interest. This letter must be returned within the specified time or their application will be removed from the Waiting List. It is the responsibility of the applicant to maintain a current address with the office in order to receive waitlist correspondence. Any correspondence returned undeliverable will result in application being removed from the waitlist. OPENING/ CLOSING OF WAITING LIST The methods of advertising used to announce opening and closing of the Waiting List is contained in our Affirmative Fair Housing Marketing Plan (AFHMP). A copy of this plan is available by request from the site manager. The waiting list shall be closed when the average wait for admission is approximately more than 5 years. A closed waitlist will be re-opened at a time in which the average wait for admission is approximately less than one year. AVAILABILITY OF RESIDENT SELECTION PLAN The Resident Selection Plan shall be posted in a conspicuous and public area at the site. Changes to the Plan will be sent via U.S. mail to all persons on the active Waiting List. When the Waiting List opens, the Resident Selection Plan will be distributed with applications and are available by request from management. ANNUAL/INTERIM RECERTIFICATION REQUIREMENTS All residents must be re-certified annually. Residents are also required to report all interim changes to management that occur between annually scheduled re-certifications. Requests to add household members after the initial lease signing require an application to be submitted to the Administration and submission to the screening criteria found in this plan. SECTION 8 UNIT ASSIGNMENT Judson Terrace Homes has a HAP contract for 43 Section 8 units. Judson Terrace Homes maintains an internal waiting list to fill Section 8 vacancies. The property fills Section 8 vacancies first from the internal resident waiting list and in the case that no existing resident qualifies for or is interested in the Section 8 program, secondly, fills the Section 8 vacancies from the applicant waiting list. To be eligible for the waitlist, you must be an existing resident of Judson Terrace Homes. Residents of Judson Terrace Homes who are interested in the Section 8 program must write a request letter to the office and request placement on the waiting list. The internal resident section 8 waiting list will be operated in a first-request first-served basis. Section 8 vacancies; whether from the internal or external waiting list will be filled in accordance with the preferences section of this plan. Residents on the internal waiting list must meet the eligibility criteria for the Section 8 program at the time of the initial interview to determine eligibility. Judson Terrace Homes Resident Selection Plan 05/25/2009 Page 5

6 PETS Residents are permitted to keep common household pets in the dwelling unit (subject to the provisions in 24 CFR Part 243 and the pet policy promulgated under 24 CFR Section ). SERVICE or ASSISTANCE animals are not considered pets and are not required to comply with the provisions of the Pet Policy. Service or Assistance animals are those animals specifically required to assist individuals with documented disabilities. Please notify Management if you require a Service or Assistance animal. EQUAL HOUSING OPPORTUNITY Judson Terrace Homes does not discriminate on the basis of disability status in the admission or access to, or treatment or employment in, its federally assisted programs and activities. The person named below has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development s regulations implementing Section 504 (24 CFR, part 8 dated June 2, 1988). Travis Hanna, Corporate Compliance Manager 6120 Stoneridge Mall Road, Third Floor Pleasanton, CA Telephone TDD ext thanna@abhow.com Judson Terrace Homes is professionally managed by ABHOW Judson Terrace Homes Resident Selection Plan 05/25/2009 Page 6