CHAPTER 3 APPLYING FOR ADMISSION A. GENERAL POLICY This chapter describes the policies and procedures for completing an initial application for assistance and placement on the waiting list. The primary purpose of the intake function is to gather information about the family after which the application will be placed on the waiting list in accordance with this plan. Applications are accepted to compile a waiting list. Due to the demand for housing in the PHA's jurisdiction, the PHA does take applications on an "open enrollment basis. A complete application will be processed once a family applies for participation in the program. When the family comes to the top of the waiting list and the PHA is ready to issue a Voucher, the PHA will update and verify the information provided on the completed application. B. APPLICATION TAKING Acceptance of Applications The policy of the PHA is to ensure that all families who express an interest in housing assistance are given an equal opportunity to apply regardless of race, color, religion, sex, national origin, age, or family status. Applications for the Housing Choice Voucher Program (HCVP) will be accepted online only. The PHA will announce the opening of the waiting list by public notice. Individuals who may need help completing the online application can go to the designated locations for assistance. Any family requesting an application for Housing Choice Voucher Program assistance will be given the opportunity to apply as long as the waiting list is open and the PHA is accepting applications. Prior participation and owing the PHA money does not disqualify the applicant from applying. The head of household may add or remove family members from the application and may change the designation of head of household to another adult family member. However, at least one family member on the original application must remain as a family member for the application to remain active. If none of the original family members are going to reside in the household at admission, the application becomes inactive and removed from the waiting list. In this case, the current head of household will be given an opportunity for an informal review. If it can be shown that some of the original family members did intend to live with the current family members in a stable family relationship and share resources, but extenuating circumstances caused that to be impossible, the application may remain active. Closing the Waiting List The PHA may stop applications if there are enough applicants to fill anticipated openings for the next 12 months. The waiting list may not be closed if it would have a discriminatory effect inconsistent with applicable legal and civil rights laws. The PHA will announce the closing of the waiting list by public notice. The open period shall be long enough to achieve a waiting list adequate to cover projected 1-6
turnovers and new allocations over the next 12-24 months. The PHA will give at least 7 days notice prior to closing the list. When the period for accepting applications is over, the PHA will add the new applicants to the list by software random selection. Limits on Who May Apply Any family requesting an application for Housing Choice Voucher Program assistance will be given the opportunity to apply as long as the waiting list is open and the PHA is accepting applications. C. INITIAL APPLICATION PROCEDURES The PHA will utilize a basic application form to be filled out directly by the applicant. The purpose of the application is to determine placement on the waiting list. The application will contain basic type of information: Names and ages of all household members Race and ethnicity of all household members Sex and relationship of members Address and telephone number(s) Amount and source of all income and assets Information on disabilities of family members Information related to selection preferences Once the application is complete, the PHA staff that is thoroughly acquainted with the eligibility criteria will assess the applicant's eligibility or ineligibility as a Housing Choice Voucher participant. The information on the form will not be verified until the client has been selected from the waiting list for final processing. Applicants are responsible for informing the PHA of changes in family circumstances (including income and address), and are responsible for responding to requests from the PHA to update applications. Refusal to provide information may result in the applicant being removed from the waiting list. If the family is determined to be ineligible based on the information provided in the pre-application, the PHA will notify the family in writing (in accessible format upon request as a reasonable accommodation), state the reason(s), and inform them of their right to an informal review. Persons with disabilities may request to have an advocate attend the informal review as an accommodation. See "Complaints and Appeals Chapter' Circumstances which Require the Offer of an Informal Review or Hearing PHA's are not required to conduct an informal review or hearing to reconsider every PHA action or decision. An informal review may be requested for the following: Issuance of a Voucher; and/or Participation in the Program An informal review is not required for decisions concerning: 2-6
Determination of unit size under the PHA's subsidy standards; Determination that a unit does not meet or comply with housing quality standards; Denial of a request to extend or suspend a voucher term; Discretionary administrative determinations by the PHA; and A PHA refusal to grant approval of the tenancy In all other circumstances, a PHA must give program applicant an opportunity for an informal review of a decision when the applicant requests it. Applicants must submit their request in writing to the PHA within 10 days of the date of the determination. An informal hearing is not required for the following: Determination that a unit does not comply with housing quality standards: Refusal to extend or suspend a voucher term; Discretionary administrative determinations by the PHA; General policy issues or class grievances; How the PHA established its utility allowance schedule; PHA refusal to approve a unit or tenancy; Determination that a unit does not meet housing quality standards due to family size or change in composition; and A determination to exercise or not to exercise any rights or remedy against the owner. PHA decisions regarding the following determinations require that a program participant be given an opportunity for an informal hearing: Determination of the family's annual or adjusted income; Calculation of total tenant payment; Determination of appropriate utility allowance from the PHA's utility allowance schedule; Termination of assistance; Determination of unit size for participants under the PHA's subsidy standards; and Denial of a hardship exemption to the minimum rent requirement; Hearings to Consider a Determination of Ineligible Immigration Status Whenever the PHA makes a determination of ineligible immigration status, the PHA will offer an applicant or participant family the opportunity to request an informal hearing. A family may request an informal hearing within 30 days of receipt of the ineligibility determination from the U.S. Immigration and Naturalization Services (INS), or the PHA's decision to delay, terminate, or deny assistance. The PHA will keep all denial or termination of assistance documents related to immigration status for a minimum of five years. These include any applications for initial or continued assistance. With good cause, PHA's may extend the period to request an informal hearing to immigration status. Timing of Informal Hearing In cases where the PHA decides to terminate or reduce a family's assistance, the PHA will send a notice, which explains the reason for the decision and provides the family the opportunity to request an informal hearing prior to the PHA's terminating or reducing assistance. A PHA may implement the following changes prior to an informal hearing: Changes in total tenant payment or family share; Denial of a new voucher for a family that wants to move; and 3-6
Unit size determinations for a family that wants to move. Informal Review and Hearing Procedures. THA will establish a hearing board to conduct hearings for requested appeals/hearings. The board will consist of 5 appointed members. An odd number must be present for hearings. A hearing script will be provided to all members. The Board will make every effort to have a prompt recommendation to voucher holder and the City of Tyler Housing Agency. The recommendation is just that and may or may not be upheld by the Housing Agency Housing Manager. Representation and Evidence The family is entitled to representation by a lawyer or other spokesperson at its own expense. Both the PHA and the family must be given the opportunity to present evidence, and each may question any witnesses. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings. The person who conducts the hearing must issue a written decision that briefly states the reasons for the decision. Factual determinations relating to the individual circumstances of the family shall be based on a "preponderance of the evidence" presented at the hearing. A copy of the hearing decision must be promptly furnished to the family. The PHA is not always bound by a decision made at an informal hearing. The PHA is not bound when a decision is made: Concerning a matter for which the PHA is not required to provide an opportunity for an informal hearing; Concerning a matter that exceeds that authority of the person conducting the hearing under the PHA's hearing procedures; or That is contrary to HUD regulations or requirements, or otherwise contrary to federal, state, or local law. If the PHA determines that it is not bound by a hearing decision, it must notify the family and inform the family of the reasons the PHA has determined that the decision is not binding. Right to Informal Review Applicants who are denied Housing Choice Voucher assistance are entitled to an informal review of their application. Households participating in the program have a right to an informal hearing by an impartial Hearing Officer under certain situations. People are considered "applicants" until there is an effective lease and subsidy contract, at which time they become "participants." Ineligible applicants will be promptly provided with a letter detailing their individual status, stating the reason for their ineligibility, and offering them an opportunity for an informal review. An informal review may be requested for the following decisions denying: Issuance of a Voucher; and/or Participation in the Program Applicants must submit their request in writing to the PHA within (10) days from the date of determination. 4-6
D. APPLICANT STATUS WHILE ON WAITING LIST [CFR 982.204] Applicants are required to inform the PHA of changes of address. Applicants are also required to respond to requests from the PHA to update information on their application and to determine their interest in assistance. After the PHA receives a pre-application, the applications are placed on the waiting list in order of date and time application was received by the PHA. The PHA will maintain an accurate waiting list that conforms to HUD requirements. The waiting list will provide the following information on households who have submitted a preapplication: Names and ages of all household members Race and ethnicity of all household members Sex and relationship of members Address and telephone number(s) Amount and source of all income and assets Information on disabilities of family members Information related to selection preferences Young Litigation Desegregation Vouchers In order to fulfill obligations under the Young Litigation, vouchers may be issued to families on the waiting list in an order not dependent on the date and time of application. The issuance of these vouchers will be in accordance with procedures provided by HUD and / or the Fair Housing Service Center as governed by the requirements of the court order in the Young case. D. ORDER OF WAITING LIST SELECTION Applications will be filed in the following order: The order is filed by random selection. Interviews for completion of an application are scheduled on this basis. When a person s name is reached on the waiting list a letter will be mailed out to the address that was provided on the pre-application, unless an updated address was provided, in writing. The applicant will have at least 10 business days to respond and bring in the requested documents. When the PHA has received the documents an appointment will be scheduled for the applicant to complete and sign paperwork. At this time the PHA will make sure that the family is not over the income limits for the HCV Program. E. COMPLETION OF A FULL APPLICATION Requirement to Attend Interview The PHA utilizes the full application interview to discuss the family's circumstances in greater detail, to clarify information which has been provided by the family, and to ensure that the information is 5-6
complete. The interview is also used as a vehicle to meet the informational needs of the family by providing information about the application and verification process, as well as to advise the family of other PHA services or programs which may be available. All adult family members are required to attend the interview and sign forms. If an applicant fails to appear for a pre-scheduled appointment, the PHA will automatically schedule a second appointment. If the applicant misses the second appointment without prior approval, the application is denied. Reasonable accommodation will be made for persons with a disability who require an advocate or accessible offices. A designee will be allowed to participate in the interview process, but only with permission of the person with a disability. If an application is denied due to failure to attend the full application interview, the applicant will be notified in writing and offered an opportunity to request an informal review. (See "Complaints and Appeals" chapter.) The head of household will sign the application form. All adult members must sign the authorization form, declaration of citizenship form, the debts owed form, the Enterprise Income Verification (EIV), and all forms required by the PHA. Applicants will be required to sign specific verification forms that are not covered by the HUD form 9886. Failure to do so will be cause for denial of the application for failure to provide necessary certifications and release as required by the PHA. Every adult household member must sign a consent form to release criminal conviction records and to allow PHAs to receive records and use them in accordance with HUD regulations. If the information is not supplied in this time period, the PHA will provide the family a notification of denial for assistance. (See "Complaints and Appeals" chapter) G. VERIFICATION [24 CFR 982.201(e)] Information provided by the applicant will be verified, using the verification procedures in the "Verification Procedures" chapter. Family composition, income, allowances and deductions, assets, full-time student status, eligibility and rent calculation factors, and other pertinent information will be verified. Verifications may not be more than 60 days old at the time of issuance of the Voucher. H. FINAL DETERMINATION AND NOTIFICATION OF ELIGIBILITY [24 CFR 982.201] After the verification process is completed, the PHA will make a final determination of eligibility. This decision is based upon information provided by the family, the verification completed by the PHA, and the current eligibility criteria in effect. If the family is determined to be eligible, the PHA will mail a notification of eligibility. A briefing will be scheduled for the issuance of a voucher and the family's orientation to the housing program. 6-6