|
|
Oneida Housing Authority Adopted on April 19,2006
TABLE OF CONTENTS
A. Purpose
A. Admissions
III. NON-DISCRIMINATION POLICY A. The Indian Civil
Rights Act and the Indian Self-Determination and Education B. The Age Discrimination Act of 1975 C.
Section 504 of the Rehabilitation Act of 1973 IV. ELIGIBILITY FOR ADMISSION.. A. Generally B. Determination of Eligibility.
C. Applicant Selection Criteria. A.
Application for Admission. C. Ineligible Applicant. D. Verification Process of Application Data. E. Making Homebuyer Selections. F. Notification to Homebuyer Selected Families. G. Low-Rent Selections and Notification. A. Waiting Lists. B. Eligibility Determination. C. Making Occupant Selections. D. Notification to Homebuyer Selected Families. E. Notification to Rental Selection Families. F. Ineligible Applications. G. Assignment of Housing Units. A. Tribal Preference.
B. General
Preference. VIII. COMMENCEMENT OF OCCUPANCY. A. Standards. B. Unit Size.
C. Utilities.
IX. CALCULATION OF MONTHLY PAYMENTS. A. Adjusted Income. B. Required Monthly Payment.
C. Calculation of Tenant
Rent.
X. EXAMINATION AND REEXAMINATION OF FAMILY
INCOME. B. Examination and Reexamination Other Occupancy Documents. C. Examination and Reexamination '37 Act Units. D.
Increase in Annual Income Not Cause for Termination.. F. Termination foe Ineligibility..
G. Special Reexamination. A. Guests . B. Determination of Successor Upon Death of Homebuyer. A. General.. B. Initial Offer. C. Mandatory Transfers. D. Processing Transfers. E. Good Record Requirement for Transfers. F. Cost of Transfers.
XIII. OCCUPANCY RULES
CONCERNING FIREARMS AND DOGS. B. Dogs. A. Policy Statement. B. General Provisions.
C. Procedures.
A. Purpose. The mission of the Oneida Housing Authority ("OHA") is to develop, maintain, and operate affordable housing in safe, sanitary, and healthy environments on the Oneida Tribe of Indians of Wisconsin Reservation for occupancy by low-income Oneida families and elderly/disabled residents. Affordable housing includes permanent housing for families, elders, disabled persons, homeless persons who are persons with disabilities, single room occupancy and temporary housing for transitional and/or emergency occupancy. The purpose of this Policy is to establish standards for admissions and occupancy in housing units owned and operated by the OHA. Toward that end, this Policy governs the eligibility, admission, and occupancy requirements of OHA's Rental and Homeownership Programs. B. Official Policy. The policy enacted herein supercedes and rescinds all previous admissions and occupancy policies and is the official Admissions and Occupancy ("Policy") of the Oneida Housing Authority ("OHA"). This policy shall be reviewed periodically to assure compliance with guidelines established by the Native American Housing and Self Determination Act ("NAHASDA") of 1996.
A. Admissions. This Policy shall be applicable to all OHA clientele, including but not limited to applicants, residents, renters, homebuyers and program participants. OHA administers affordable housing programs and screens applicants for income-based and social-based eligibility. To be eligible for OHA Programs, the applicant family or individual must have an income and must be able to demonstrate the ability to make monthly rental payments and utility payments. B. Occupancy. This Policy shall be applicable to all occupants, whether pursuant to a Rental or Homebuyer Agreement, or other document giving rise to a right of occupancy or use (each of the foregoing documents are hereinafter referred to as "Occupancy Document"). An "Occupant" is a Renter or Homebuyer contractually entitled to occupancy of an OHA unit by virtue of an Occupancy Document.
III. NON-DISCRIMINATION POLICY.
OHA is subject to the following federal acts procedures, and A. The Indian Civil Rights Act (Title 11 of the Civil Rights Act of 1968,25 U.S.C. §§ 1301-03) and the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 450e). Title VI of
the Civil Rights Act of 1964 (42 U.S.C. § 200d-200d-4), which prohibits
discrimination in federally assisted programs, and Title VDI of the Civil Rights
Act of 1968, as amended (42 U.S.C. §§ 3601 et seq.), do not apply to OHA, and
OHA's restriction in favor of Native American families is not a violation of any
provision of either Title VI or Title Vm. OHA does not discriminate against
those otherwise eligible for admission merely because their incomes are derived
in whole or in part from public assistance. B. The Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and the regulations promulgated thereunder in 24 C.F.R. Part 146, as may be amended from time to time. The Act prohibits OHA from discriminating on the basis of age under any OHA program that receives federal financial assistance from HUD. C. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794). Section 504 and the regulations promulgated thereunder prohibit OHA from discriminating against a Person with Disabilities, solely on the basis of his or her handicap, under any QHA program that receives federal financial assistance from HUD.
1. Section 504 Communication Procedures, Compliance Reports, (a) Communication Procedures. OHA shall take appropriate steps to ensure effective communication with applicants, participants, beneficiaries, and members of the public. OHA shall furnish appropriate auxiliary aids where necessary to afford a Person with Disabilities an equal opportunity to participate in, and enjoy the benefits of OHA programs, m determining what auxiliary aids are necessary, OHA shall give primary consideration to the request of the Person with Disabilities. OHA is not required to provide individually prescribed devices or devices of a personal nature. Where OHA communicates with applicants by telephone, telecommunication devices for deaf persons or equally effective communication systems shall be used. OHA also shall use procedures to ensure that interested persons, including persons with impaired vision or hearing, can obtain information concerning the existence and location of accessible services, activities, and facilities. OHA is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or in undue financial and administrative burdens. In such an instance, OHA shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible. Persons with Disabilities receive the benefits and services of its programs. (b) Compliance Reports. OHA shall keep such records and submit to the responsible civil rights official or his or her designee timely, complete, accurate compliance reports at such times, and in such form and containing such information, as the responsible civil rights official or his or her designee may determine to be necessary to enable him or her to ascertain whether OHA is complying with the Section 504 requirements. OHA shall have available data showing the extent to which Persons with Disabilities are beneficiaries of federally-assisted programs administered by OHA. (c)
Information to Applicants and Interested Persons. OHA shall make available to
applicants and other interested persons such information regarding the
applicability of Section 504 to particular OHA programs as OHA determines
necessary in order to inform such persons of the protections against
discrimination assured by Section 504. D. Mixed Financing. Some federal programs may prohibit discrimination based on race. If funding from such restrictive federal programs is combined with Native American Housing Assistance and Self Determination Act ("NAHASDA") funds, OHA shall maintain an accounting of the percentages obtained from each source. Any project with mixed funding shall follow the following preference guidelines: 1. For the percentage of the project equivalent to the percentage of NAHASDA funds, OHA shall use first the Indian Preference provisions and then the General Preference provisions set forth in Section VT[ of this Policy. 2. For the percentage of the project equivalent to the percentage of the restrictive federal funds, OHA shall use the General Preference provisions set forth in Section YE of this Policy. A. GENERAL. The OHA will accept applications for both its Rental and Homebuyer Programs. All applications are subject to the eligibility requirements stated herein. Under NAHASDA, OHA programs are intended to serve those "families" who are classified as "low income at the time of initial occupancy." Low Income Indian Families from the Oneida Reservation and surrounding areas, or Elder/Disabled tribal members who wish to return home from any state are eligible for affordable housing assistance. 1. The Family Rental Program is to provide qualified families and elderly-disabled applicants, with low incomes at the time of initial occupancy, affordable housing on a month-to-month lease basis. 2. The Homebuyer Program is to provide qualified families, with low incomes at the time of initial occupancy, an opportunity to own a home pursuant to a lease with an option to buy (homebuyer document.) B. DETERMINATION OF ELIGIBILITY. OHA obtains and verifies information from Applicant Families for the purpose of: 1. Determining whether they meet the conditions of eligibility for admission; 2. Determining the size of dwelling required; 3. Determining accessibility needs, if any, of the dwelling required; 4. Applying the applicant selection criteria; and 5. Ensuring the health, safety, and welfare of all residents of the project C. APPLICANT SELECTION CRITERIA. The Applicant Selection Criteria applies to both Applicants and Occupants (participants who have already signed an occupancy agreement.) As an applicant's household needs to qualify for participation in OHA housing programs, an occupant's household must remain qualified to stay in housing. Therefore, to qualify for admission or for continued occupancy, both the Applicant and Occupant must meet the following requirements: D. QUALIFY AS A FAMILY. A family means a group of one or more persons who share residency and are related by blood, marriage, or other operation of law: 1 Family Eligibility for the Rental and/or Homeownership Program includes:
a. Man and wife with dependent, minor child(ren)
(includes a b. A single parent with dependent, minor children;
c. Male and female partners who have
evidenced a family d. Single pregnant woman; e. A family with one (1) child shall qualify for homeownership; f. An extended family is any of the above family groups that has established a family relationship and that which includes a grandparent(s), grandchild(ren), and/or other blood relative(s) as part of the family group. 2 Single person - Eligible for Rental Program Only. a. One elderly, at least 62 years of age, but no more than two who share common family and is also elderly. b. Handicapped or Disabled person(s) (See Glossary for Elderly, Displaced, Disabled, and Handicapped persons.) c. Near Elderly Person at least 55 years old. d. A live-in aide will be considered if the elderly, disabled or handicapped person has a doctor's statement of patient's need for a live-in aide. Should the live-in aide receive payment from an agency for the occupant's care, that income is not counted as household income. The live-in aide is not required to support the person and would not be living in the unit except to provide necessary supportive services. If the live-in aide's income is earned income from wages, or a job, that income is taxable income and therefore shall be counted as household income. The live-in aide would not qualify for continued occupancy as a remaining family member. e. A single person over age 18 years old. E. FAMILY VERIFICATION. Applicants must submit the following documents attached to the Application for Housing packet. Occupants shall submit written notification and/or documentation of any change to the household composition within ten (10) days of the occurrence. If needed, the front desk staff shall make copies of the original documents.
1.
To qualify as a family, the applicant or occupant must provide social security
2.
A picture identification card of adults (i.e., driver's license or state
3.
Verification of a newborn child to the household shall be a birth certificate
and
4.
A custodial parent must provide court papers that document the name of
5.
Any children, 18 years of age or over, must be a full time students in an
institution 6. An Applicant's incomplete application and/or failure to qualify as a family shall result in a Ineligible for Admission letter. 7. An Occupant's failure to continue to qualify as a family shall result in termination of his or her Occupancy Document. F. AGE REQUIREMENTS. The applicant must be an adult, 18 years of age and older, on the date the application is filed. The Occupancy Document requires the head of household signature(s). All other required forms must be executed by all adult(s) in the household, as well.
G. INCOME REQUIREMENTS. To qualify financially, the Applicant must be classified as "low income at the time of initial occupancy." The Applicant must provide verification of all household income, i.e., wages, financial aid awards, child support received, social security, as well as, documentation of all child support paid, including child care and medical expenses paid for each and every member of the household.
1. Minimum Income. The term "low-income family" means a family whose income does not exceed 80 percent of the median income for the area with adjustments for smaller and larger families.
a. The Rental Program. The applicant family or individual must have an income and must demonstrate the ability to pay the monthly rent and utility payments. b.
The Homebuyer Program. The applicant family must have at least one child
in the household. The applicant family must have a minimum annual income of 2. Maximum Income. The Applicant must qualify as a low income family in that the household income does NOT exceed 80% of the median income for the area (i.e., State / County) or the national average for the United States, whichever is greater. However, OHA will serve up to 10% of a project for a family that is between 80-100% of the median income range. The term "Over-Income family" refers to those families who are over-income at the time of application and/or at the time of signing an Occupancy Document.
H. ANNUAL INCOME.
1.
Annual income is that income, before deductions, from all sources of income
received by the Head of the Household and Spouse (even if either are temporarily
absent), and by each additional member of the Family residing hi the household
who is at least eighteen (18) years of age, which income is anticipated to be
received during the twelve (12) months following the effective date of the
initial determination or reexamination of income. For the purposes of this
Policy, a "Spouse" is the husband or wife of the Head of the Household. The
"Head of the Household" is the Family member who is held responsible and
accountable for the Family. Annual Income includes, but is not limited to the
following:
a.
The full amount, before any payroll deductions, of wages and salaries, overtime
pay, commissions, fees, tips, bonuses, and other compensation for personal
services.
b.
Net income from operation of a business or profession, as such net income is
further defined in the applicable Internal Revenue Service ("IRS") regulations,
as they may be amended from time to time.
c.
Interest, dividends, and other net income of any kind from real or personal
property, as such are further defined in the applicable IRS regulations, as they
may be amended from time to time.
d.
The fall amount of periodic payments received from social security, annuities,
insurance policies, retirement funds, pensions, disability or death benefits,
and other similar types of periodic receipts, including a lump-sum payment for
the delayed start of a periodic payment, as limited by the applicable
regulations, as they may be amended from time to time.
e.
Payments in lieu of earnings,
such as unemployment and disability compensation, workmen's compensation, and
severance pay as limited by the applicable regulations, as they may be amended
from time to time. f. Welfare assistance payments, as such payments are further defined in the applicable regulations, as they may be amended from time to time. g. Periodic and detenninable allowances, such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the housing unit. h. All regular pay, special pay, and allowances of a member of the Armed Forces, to the extent that such are not excepted below.
2.
Annual Income does not include the following: a. Income from employment of children (including foster children) under the age of eighteen (18) years; b. Payments received for the care of foster children or foster adults (usually individuals with disabilities, unrelated to the Participant Family, who are unable to live alone);
c.
Lump-sum additions to Family assets, such as inheritances, insurance payments
(including payments under health and accident insurance and worker's
compensation), capital gains, and settlement for personal or property losses;
e.
Amounts received by the Family that are specifically for, or in reimbursement
of, the cost of medical expenses for any Family member;
the educational institution; h. The special pay to a Family member serving in the Armed Forces who is exposed to hostile fire;
i. Amounts received under training
programs funded by HUD;
j.
Amounts received by a Person with Disabilities, which amounts are disregarded
for a limited time for purposes of Supplemental Security Income eligibility and
benefits because they are set aside for use under a Plan for Achieving
Self-Support;
k.
Amounts received by a Participant in other publicly assisted programs that are
specifically for or in reimbursement of out-of-pocket expenses incurred (special
equipment, clothing, transportation, child care, etc.) and that are made solely
to allow participation in a specific program;
l.
Amounts received under a resident service stipend. A resident service stipend is
a modest amount (not to exceed $200 per month) received by an Indian housing
resident for performing a service for OHA, on a part-time basis, that enhances
the quality of life in the development. Such services may include, but are not
limited to fire patrol, hall monitoring, lawn maintenance, and resident
initiatives coordination. No resident may receive more than one such stipend
during the same period of time. m. Incremental earnings and benefits resulting to any Family member from the participation in qualifying state or local employment training programs (including training programs not affiliated with local government) and training of a Family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives and are excluded only for the period during which the Family member participates in the employment training. n. Temporary, nonrecurring, or sporadic income (including gifts); o. Earnings in excess of $480 for each full-time student eighteen (18) years or older (excluding the head of household and Spouse); p. Adoption assistance payments in excess of $480 per adopted child; q. Deferred periodic amounts from supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts;
r.
Amounts received by the Family in the form of refunds or rebates under state or
local law for property taxes on the dwelling unit; s. Amounts paid by a state agency to a Family with a developmental disabled Family member living at home to offset the cost of services and equipment needed to keep the developmentally disabled Family member at home; or t. Amounts specifically excluded by any other federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs. A notice is published from time to time in the Federal Register and distributed to recipients identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary. I. ENROLLMENT QUALIFICATION. A minimum of one person in the household must be an enrolled, or eligible to be enrolled, member of the Oneida Tribe of Indians of Wisconsin. Evidence of Oneida tribal membership shall be a tribal identification card or a document from the tribal enrollment office indicating tribal enrollment status.
J. ASSETS.
Assets mean cash, stocks, bonds, or savings. Assets shall not exceed income of $
10,000 at the time of admission for non-elderly families. K. FORMS OF VERIFICATION. All Applicants and Occupants are required to furnish documented proof of all household and income information. Telephone reporting of a household or income change provides information but it is NOT documentation. All information provided by the Applicant or Occupant is subject to verification. All earned income and unearned income shall be verified at the time of application, admission, annual reexamination, or interim examinations.
1. Family composition shall be
verified as stated in Section D of this policy;
2.
Oneida Tribal status shall be verified through Oneida Tribal Enrollment 3. Social Security Numbers shall be verified by Social Security Cards;
4.
All earned income and unearned income shall be verified by employer
5.
Assets shall be verified through federal tax forms, real property, or
6.
Student Status shall be verified through school documentation and/or a
7.
Residency requirement shall be verified through utility bills, drivers license, 8. Social Eligibility shall be verified through landlord verification, other housing authority record checks, and background checks;
9.
No admission, adjustment, or reexamination verification shall be verified
M. SOCIAL ELIGIBILITY. OHA enforces its "One Strike, You're Out," Crime-Free and Drug-Free Provision that prohibits any criminal, drug-related and/or other illegal activity, especially that which is involved with minors. That and other unacceptable social criteria may disqualify an Applicant or Occupant from participation in OHA housing programs. The following criteria shall be used to determine whether a person's admission, or continued occupancy will pose a risk to OHA, as well as, the health, safety, or peaceful enjoyment of the family, project, and community. 1. Unacceptable social eligibility criteria is:
a.
Failure to pay previous debts and/or non-payment of utility bills; b. Previous eviction for non-payment of rent, breach of lease, or use of unit for illegal purposes; Also, any applicant who has been evicted from OHA within the past five(5) years shall be deemed ineligible.
c.
Fraudulent act(s) in connection with any housing program and/or
d.
Intentional destruction of property, tenant damage, and/or disregard
e.
Failure to cooperate and/or failure to complete required forms and/or f. Fraudulent reporting, or providing false information on the application or reexamination. If an Applicant or Occupant misrepresents, or fails to report, at the time of admission or reexamination: i) Income or household composition information that would cause a family to be admitted to the program under false circumstances, or ii) Income or household composition information that would cause a family to be charged a lower rent than that which should have been charged or paid. iii) Violations of i) and ii) shall result in disqualification of application, or retroactive rent adjustment(s) back to the date of change, and/or termination of an occupancy agreement;
g.
A History of Criminality that would adversely affect the health, safety,
h.
Drug-related criminal activity: Dmg related misdemeanors under i. No felony conviction less than five years is allowed. OHA may accept an Oneida Tribal Pardon granted by the Oneida Business Committee for a felony conviction. Felony convictions over five years may be considered at the discretion of the Executive Director. The Executive Director has the sole discretion to approve or disapprove an application. The decision of the Executive Director is final. j. Unsuitability as determined by OHA.
N. "ONE STRIKE, YOU'RE OUT,"
DRUG-FREE AND CRIME-FREE PROVISION.
The purpose of the "One
Strike, You're Out," Drug-Free and Crime-Free Provision is to provide decent and
safe housing for residents by maintaining OHA as a drug-free and crime-free
environment. Drug-related criminal activity means the illegal manufacture,
sale, distribution, use or possession, or possession with intent to manufacture,
sell, distribute, or use of a controlled substance, as defined in Section 102 of
the Controlled Substance Act, 21 U.S.C. at any location, whether in, at, or near
the unit or common areas; and in the case of the tenant, members of resident's
household, or occupants, in at, on, or near the unit or common areas, nor even
off the property.
1. Criminal, Drug-Related or
Other Illegal Activity is Banned.
Any criminal, drug-related or other illegal activity, especially that involved
with minors, engaged in by an applicant, occupant, household member, guest, or
other person(s) living in, visiting, frequenting, inhabiting, dwelling in, or
staying at the resident unit and/or is given access to unit, premises, or
grounds by occupant or resident of the unit can compromise the health, safety,
and right to peaceful enjoyment of the family and the community.
2. Off-Property Criminal
Activity.
Occupants, residents, and visitors shall not engage, facilitate, or in
any way, be involved in any criminal activity in, at, on, or near the unit,
premises, grounds, or common areas in the neighborhood. Off-property criminal
activity, both on and off OHA property, poses a risk to the rest of the
community regardless of where the crime occurred.
3. Cooperation with Law
Enforcement.
Occupants will be held responsible for their guests up to a point of knowledge
of the illegal activity. In a case wherein the Occupant immediately reports
drug-related or criminal activity of a suspect and cooperates fully with law
enforcement agency(ies), responsibility will He solely with the suspect(s)
involved in said illegal activity. 4. Single Violation. A single violation shall be deemed both a serious violation and a material and irreparable noncompliance of the Occupancy Document. Unless otherwise prohibited by law, proof of violation shall not require criminal conviction but shall be by a preponderance of the evidence.
5. Termination. Any violation of the "One Strike, You're Out" provision may result in the termination of the Occupancy Document. OHA shall use expedited procedures for termination of a tenancy or reclamation of a unit that represents safety, health, welfare issues, and/or high-risk situations that may threaten OHA, as well as, the health, safety, property, and right to peaceful enjoyment of the family and the community. Please refer to the Collection and Termination Policy. A. Application for
Admission. The
Application for Admission constitutes the basic record of each Family applying
for admission. Each applicant is required to supply the requested information
and attest to the accuracy of the supplied information.
B. Updating of Applications.
All applicants are to be informed at the time of application that applications
must be updated once a year, every year, by the anniversary date of the initial
application date in order to remain on the active list. Failure to update within
a one (1) year period shall lapse the initial application and it will be placed
on the inactive list. 1. Active File. The Application, together with all other materials relating to the Family's eligibility, shall be maintained in an active file for each applicant, and entered into the computerized waiting list. 2. Inactive File. For application files deemed ineligible, the file shall be classified not eligible on the Application Checklist and shall be entered as such into the computerized waiting list. The ineligible file can be disposed of after a . three (3) year period of inactivity. 3. Suspension of Application Taking. If the number of applicants on the OHA Waiting List is such that there is no reasonable prospect that additional applicants could be housed within the next twelve months, the OHA may suspend the taking of applications. Any such determination shall be publicly announced within its jurisdiction. C. Ineligible Applicant. If, at any time during the application process, it appears that the applicant is definitely not eligible, the applicant is to be so informed and the application classified as ineligible, m such instances, documentation on which the determination of ineligibility is based must be entered on both the application checklist form and computer waiting list system. D. Verification Process of Application Data. OHA must verify that the Family is income eligible based on anticipated annual income. The Family is required to provide documentation to verify all household income. OHA is required to maintain the documentation on which the determination of eligibility is based. OHA may require a Family periodically to verify its income m order to determine housing payments or continued occupancy consistent with the Policy herein. 1. To assure that the information upon which determinations of eligibility, preference status, monthly payment, and size of dwelling required are to be based, the information submitted by the applicant must be verified to be full, true, and complete.
2. As a«condition of admission to, or continued occupancy of, any assisted unit, the Occupant (Head of Household) and Adult Family members (18 years old and over) shall be required to execute a number of OHA Forms including: a) Household Composition Form; b) Authorization for the Release of Information Form; c) Federal Privacy Act Statement; d) Applicant / Tenant Certification; e) Drug-Free Household Statement; f) Verification of Student Status-Primary or Secondary Education: g) Verification of Amount Paid for Childcare of Dependent Person(s); h) Landlord Verification Form; and i) Employment Income Verification Form together with verification of income for all Household Members. 3. The use or disclosure of information obtained from a Family or from another source pursuant to the Release of Information form shall be limited to purposes directly connected with determining the Family's initial or continued eligibility. 4. OHA also shall require the Family to submit such additional information as is necessary to determine and/or audit a Family's eligibility to receive housing assistance, to determine the Family's Adjusted Income and/or to accurately calculate the monthly Rent or Payment Charge. 5. OHA shall maintain complete and accurate verification records consisting of, but not limited to, the following: a) Letters or other statements from employers and other pertinent sources giving authoritative information concerning all amounts of income; b) Copies of any and all documents that substantiate the applicant's statements, or a brief summary of the pertinent contents of such documents, signed and dated by the OHA staff member who reviewed them; c) Annual IRS Tax Return, Schedule C and/or certified financial statements or summary data from books of account from self-employed persons and persons whose earnings are irregular, setting forth gross receipts, itemized expenses, and net income;
d)
Memoranda of verification data obtained by personal interview, telephone, or
other means, indicating clearly the source, date reviewed, and the name of the
OHA staff member obtaining the information.
6.
Verification records are to be reviewed and evaluated for completeness,
accuracy, and conclusiveness. If the information received is not completely
adequate 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 ineligibility and the reasons therefor. 8. OHA enforces the "One Strike, You're Out" Provision of this Policy. OHA shall conduct a criminal background check of applicant and adult family members to determine a history of criminality, i.e., conviction of rape, spousal abuse, child abuse, child sexual abuse, domestic violence, sexual offense, or other crime(s) of violence and/or especially drug related or felony convictions. Conviction of any such crime shall be grounds for denying applicant's eligibility to participate in any OHA program covered by this Policy. All such records of applicant criminal checks shall be held in confidentiality.
A. Waiting Lists.
OHA shall maintain computerized waiting lists for its rental and homebuyer
applicants. The names of applicants shall be entered onto the Rental and/or
Homebuyer Waiting List according to the date-stamped receipt of application date
and the size of unit needed. The waiting list shall be updated to include the
date of original application, date of updated application, date of eligibility,
and all pertinent data. Staff will start the verification process. To the
greatest extent feasible, OHA shall process me applications in the order
received. 1. Rental Program. OHA shall maintain a waiting list of eligible applicant families that have been determined to meet the admission requirements for the rental program 2. Homebuyer Program. OHA shall maintain a waiting list of eligible applicant families that have been determined to meet the admission requirements for the homebuyer program 3. Additional Lists. At its sole discretion, OHA may establish additional waiting lists as may be needed, for admission into units primarily designed for a specific population. B. Eligibility Determination. After completion of the verification process that has deemed an applicant as eligible, an available unit shall be assigned pursuant to the order of placement on the waiting list for the appropriately sized bedroom unit, and factors affecting preferences or priority. C. Making Occupant Selections. 1. Transfers. Subject to Preference in Selection Criteria: a) Families wishing to transfer between units in the same project shall submit a Request to Transfer Letter and, upon approval, shall have priority for the first available unit of desired size; and
b)
The placement on the Homebuyer waiting list of families wishing to transfer
between (projects shall be determined solely in accordance with the date of
application. 2. Applicant Income Exceeds Allowable Levels. Admission into OHA's Rental or Homebuyer Program may include applicants whose Family income exceeds allowable levels, if there is a need for housing for such Families that cannot reasonably be met without such assistance, provided that OHA uses no more than ten percent (10%) of its annual grant amount for Families whose income falls within eighty to one hundred percent (80 to 100%) of the median income. 3. HUD Approval for Over Income Applicants. HUD approval is required if OHA plans to use more than ten percent (10%) of its annual grant amount to provide housing for Families over one hundred percent (100%) of median income. The non-low-income Indian Family must pay at a minimum of: a) The ceiling rental charge or ceiling amortization payment charge plus the corresponding administration fee, or
b)
The fair market value of the assistance multiplied by the percentage by which
the income of the non-low income Indian Family exceeds eighty percent 80% of
median income. 4. Families Essential to the Well Being of the Community. Admission to OHA's Rental or Homebuyer Program may be granted to non low-income Indian Families and non-Indians if OHA determines that their presence is essential to the well being of the community, that the need for housing for the non-Indian Family cannot reasonably be met without such assistance, and that admission of the non-Indian Family will not contravene applicable federal and tribal laws. D. Notification to Homebuyer Selected Families.
1.
The Notice of Selection Letter shall state the following information:
a)
A statement that the Family has been selected for the Homebuyer Program, the
site and/or address, and an appointment to select housing materials;
b)
The estimated date of completion of the unit as can be reasonably determined;
c)
A statement that the Family will be advised at a later date the time and place
for training activities;
d)
A statement that the issuance of the Notice of Selection does not constitute or
give rise to any contractual obligation on the part of OHA;
e)
A statement that the Family's eligibility shall be subject to verification at
the time of the execution of the Homebuyer's Occupancy Document. 2. OHA shall inform a selected Family with a Person with Disabilities that, upon its request, a unit to be constructed or rehabilitated shall be made accessible if the nature of the handicap of the Person with Disabilities so requires. In such case:
a)
The selected Family shall consult with OHA's Construction Superintendent in
regard to the specific design features to be provided.
If accessibility features selected are ones covered by the Uniform Federal
Accessibility Standards, those features shall comply with such standards;
provided that departure from particular specifications of these standards is
permissible in order to accommodate the Person with Disabilities specific
disability. b) The cost of making a unit Accessible under this paragraph shall be included in the mortgage amount within the allowable mortgage limits, if applicable. To the extent such costs exceed allowable mortgage limits, they may be passed on to the prospective Homebuyer, subject to applicable maximum sales price limitations.
c) A unit is Accessible if it is located on an accessible route and can be approached, entered, and used by a Person with Disabilities. With respect to the design, construction, or alteration of an individual dwelling unit, a unit that is adaptable and otherwise in compliance with the Uniform Federal Accessibility Standards (see 24 C.F.R. part 40) is Accessible. When a unit in an existing facility that is being made Accessible as a result of alterations intended for use by a specific qualified Person with Disabilities, the unit will be deemed Accessible if it meets the requirements of applicable standards that address the particular disability or impairment of such person. 3. When OHA determines mat an applicant does not meet the admission requirements, OHA shall so notify the applicant in writing. The notice shall state the basis for the determination and shall state that the applicant is entitled to request reconsideration in writing to the Executive Director if the request is received at OHA within ten (10) days of the date of the letter. 4. If OHA determines that an applicant meets the admission requirements but is not to be selected for the next Homebuyer project, OHA shall so notify the applicant in writing. The notice shall state that the applicant will remain on the waiting list for consideration in the event of a vacancy or availability of additional Homebuyer housing occurs. E. Notifications to Rental Selection Families. The Notice of Rental Selection Letter shall state that: 1. The Family has been selected for the Rental Program; 2. Advise the security deposit, animal deposit and rent charge that is required to be able to move into the unit. A response is required in five (5) days to go forward with the move-in process.
F. Ineligible
Applicants. When the OHA determines that a family does not meet the
admission requirements, the OHA shall give the family prompt written notice; it
shall state the basis for the determination, and shall state that the family is
entitled to an informal hearing if such request is made within ten (10) days of
notification. 1. A Family accepted as a Tenant in a Rental project must be so notified in writing and shall sign and abide by a Rental Agreement. A Rental Agreement is the occupancy document giving rise to a Participant's right of occupancy or use of a housing unit.
2. If the
signer of the Rental Agreement ceases to be a member of the Tenant Family, or if
the Family transfers from one dwelling unit to another, a new Rental Agreement
must be executed.
3. If, at any
time during the term of the Rental Agreement, a change in the Tenant's status
requires a change in or amendment to any provision, either a new Rental
Agreement must be executed or an appropriate amendment must be prepared and made
a part of the existing Rental Agreement. 4. All Rental Agreements and amendments are to be signed and dated by both the Tenant(s), the appropriate resident services staff and the executive director. .
G. Assignment of Housing Units. 1. On a case-by-case basis, the Executive Director may advance an applicant to the top of any waiting list where a bonafide and documented emergency exists. 2. No person shall move into any OHA housing unit until an Occupancy Agreement has been fully executed. The signatures of the Homebuyer or Tenant, the appropriate Resident Services staff, and the Executive Director must be on the Occupancy Document in order for it to be considered fully executed. A. Tribal Preference. Preference in eligibility for affordable housing will be provided first to members of the Oneida Tribe of Indians of Wisconsin, followed by other Indians, in accordance with the eligibility criteria of this Policy. B. General Preference. 1. OHA will give preference in Homebuyer housing to applicants on the basis of eligibility determination and Family size. 2. OHA will give preference in Rental housing to applicants on the basis of urgency of housing need in the following order: a) Families without housing; b) Families about to be without housing; c) Families residing in unsafe, unsanitary, or overcrowded dwellings; and d) Displaced Families. . 3. Within the categories listed in Subsections 1 and 2 above, OHA will give preference in the following order: a) Elderly Families; b) Disabled Families; c) Veterans; and d) Single Parents. e) Single People
4. In addition to the preferences listed above, OHA may consider the ability to pay as a factor in assignment to units. Ability to pay may be based on the applicant's history (current and past) of payments to OHA, payment of required deposits, income verification, and willingness to sign irrevocable payroll deductions in assigning persons to the waiting list.
5. Applicants possessing more than one preference criteria may receive a higher rating for placement on the waiting list.
6. If two or more eligible applicants for the same housing unit size have an identical priority status, the applicant filing the earlier application will be offered the first available vacancy of appropriate size.
a)
If the applicant rejects the offer other than for a justifiable reason, the
applicant's name will be moved to the bottom of the eligible applicant list.
b)
If the applicant is willing to accept the unit offered, but is unable to move at
the time of the offer and is able to present clear evidence of his inability to
move, the applicant shall retain his place on the eligible applicant list. c) If an applicant presents to OHA's satisfaction clear evidence that acceptance of the offer will result in undue hardship or handicap, the applicant shall retain his place on the eligible applicant list. d) Transfer of a Rental Family from one OHA Rental project to another, or from one OHA Rental unit to another, when such Family is eligible for continued occupancy, shall not be subject to the "urgency of housing need" priority as described above. |
