PUA LOKE RSP 07.06.21 3
If at any time there is no applicant with a valid and verified preference on the
waiting list, then no apartment in the Project shall be held vacant awaiting such
applicant, but shall be rented promptly to an approved applicant without a
preference.
Where preferences apply, applicants with a valid and verified preference will be
moved to the top of the waiting list above persons without a preference.
The preferences so described will at all times be consistent with the requirements
of Section 42 and future interpretations or guidance from the IRS and will not in
any way jeopardize the project’s eligibility under Section 42 of the Internal
Revenue Code.
APARTMENT TRANSFER POLICY
An Apartment Transfer List is maintained for those residents who have been
approved for transfer on the basis of a disability or change in household status.
Transfers for accessibility or medical reasons will have priority over those for
changes in household composition. Residents on the Apartment Transfer List will
have priority over the applicants on the Waiting List.
In order to transfer to another building in the property, the family must meet the
initial eligibility requirements of the LIHTC program or the transfer will not be
allowed.
OCCUPANCY GUIDELINES
Occupancy guidelines are the criteria established for matching a household with
the most appropriate size and type of apartment. The following occupancy
guidelines will be followed to avoid over utilization of the apartments as follows:
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. Live-in attendants.
3. Foster children
4. Unborn children
5. Children in the process of adoption.
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.
The fee to run a criminal background check is currently $20 per live-in attendant.
VIOLENCE AGAINST WOMEN ACT OF 2013
The Violence Against Women Act (“VAWA”) protects victims against eviction
or denial of housing based on domestic violence, dating violence, sexual assault
and stalking. In 2013, Congress expanded VAWA’s housing protections by
covering additional federal housing programs, including the Low-Income Housing
Tax Credit program (“LIHTC”). VAWA offers the following protections:
1. An applicant’s or program participant’s status as a victim of domestic
violence, dating violence, sexual assault and stalking is not a basis for
denial of admission, if the applicant otherwise qualifies for admission.
2. This must support or assist victims of domestic violence, dating violence,
sexual assault and stalking. It must protect victims, as well as members of
their family, from being denied housing or from losing their HUD assisted
housing.
3. An incident or incidents of actual or threatened domestic violence, dating
violence, sexual assault and stalking will not be construed as serious or
repeated violations of the lease or other “good cause” for terminating the
assistance, tenancy, or occupancy rights of a victim of abuse.
4. Criminal activity directly related to domestic violence, dating violence,
sexual assault and stalking, engaged in by a member of a tenant’s
household or any guest or other person under the tenant’s control, shall
not be cause for termination of assistance, tenancy, or occupancy rights of
the victim of the criminal acts.
5. Assistance may be terminated or a lease “bifurcated” in order
to remove an offending household member from the home. Whether or
not the individual is a signatory to the lease and lawful tenant, if he/she
engages in a criminal act of physical violence against family members or
others, he/she stands to be evicted, removed, or have his/her occupancy
rights terminated. This action is taken while allowing the victim, who is a
tenant or a lawful occupant, to remain.
6. The provisions protecting victims of domestic violence, dating violence,
sexual assault and stalking engaged in by a member of the household, may