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HomeMy WebLinkAboutAvenue Flats Fair Housing Policy EFFECTIVE DATE 4/2024 1 The Avenue Flats Resident Selection Plan I. STATEMENT OF PURPOSE Excel Property Management, Inc. (EPM) considers resident selection of critical importance, recognizing that an apartment community cannot exceed the quality of its residents. Therefore, marketing, outreach and resident selection is foremost to all staff. Every effort will be made to select program eligible, qualified residents. II. STATEMENT OF EQUAL HOUSING OPPORTUNITY No person or household (applicant) shall be excluded (from renting an apartment) on the grounds of race, color, religion, sex, disability, familial status or national origin as defined in Title VIII of the Civil Rights Act of 1968, Title VI of the Civil Rights Act of 1964, The Fair Housing Act Age Discrimination Act of 1973, Section 504 of the Rehabilitation Act of 1973 and Executive Order 11063. Additionally, 1988 Fair Housing Amendments Act, Title II of the Americans with Disabilities Act of 1990 and the Violence Against Women Act of 1994 (VAWA). It is the firm policy of Excel Property Management, Inc. and all of its employees to adhere to the full letter and spirit of all Fair Housing and Equal Housing Opportunity laws enacted by federal, state, and municipal jurisdictions. EPM does not practice nor condone discriminatory behavior. It is noted that not only does failure to comply expose the Company and property owners to substantial fines for violations, but also the individual found to be engaging in such behavior. Employees found willfully engaging in discriminatory practices based on the seven (7) federally protected classes or any other class protected by state or municipality will be immediately terminated. All employees of the Company are responsible for being knowledgeable of the laws affecting employment as it relates to our obligations when dealing with the general public. III. PROGRAM RESTRICTIONS, PEFERENCES AND TARGET AREAS This property operates under Section 42 of the Internal Revenue Code and is monitored by North Carolina Housing Finance Agency (NCHFA). There are certain income restrictions under the applicable programs that afforded the property to be developed. For instance: Income Restrictions – Maximum The Avenue Flats consists of 184 units of which:  30 must be rented to households at 30% of median income or below  36 must be rented to households at 50% of median income or below  65 must be rented to households at 60% of median income or below  53 must be rented to households at 80% of median income or below The income limits are posted in the on-site office and are updated as needed and required by program guidelines. Population Type = Family which means that this property is not age restricted. Local, State or Federal housing vouchers are accepted provided the voucher plus the tenant-paid portion of rent meets the current rent charged for the unit and the applicants meet our Resident EFFECTIVE DATE 4/2024 2 Selection Criteria in order to gain admittance into the property. Reliance on housing vouchers, local, state or federal, will not be grounds for denial of application. Preference will also be given to applicants who are identified as referrals in accordance with the Targeting Plan (available for review). Specifically, there are nine (9) units available under this program and referrals must come from DHHS or other specified agency, twenty-five (25) units with project-based vouchers and referrals must come from Raleigh Housing Authority and none (09) units reserved for Wake County Permanent Supportive Housing Voucher Program Please see Property Rent and Income Chart in the property office for specific programs, restrictions and target areas applicable to this property. IV. RESIDENT SELECTION PROCEDURES Every effort will be made to market to and attract the best possible resident(s) for our apartment community. The primary objective of the Resident Selection Criteria is to make every effort to select applicants who will pay their rent on time, take care of the property and are good neighbors. To ensure the selection of qualified applicants, as a minimum, the following screening and reference checks will be implemented: 1) Criminal record check. The Property Manager will secure a current criminal record report on each applicant. An application fee will be charged to the Applicant to offset the cost of the report. If the criminal record report reflects negative record(s), the Property Manager will discuss with EPM staff. ** . 2) Credit report check. The Property Manager will secure a credit report. An application fee will be charged to the Applicant to offset the cost of the report. The Property Manager will review the report. Any credit report referencing a marginal credit rating will be reviewed by EPM staff. ** ** If the household is a DHHS referral, the application fee will be waived. The credit screening will be waived for applicants and their household members participating in any program or receiving assistance which provides the landlord with the ability to recover any economic loss related to the tenancy (Example: DHHS/ KEY subsidy program). 3) Landlord reference check. The Applicant will be expected to provide information on their current and previous residency, including the Landlord’s name, address and telephone number. The Property Manager will contact the Landlord(s) to determine if the Applicant paid their rent on time, maintained the dwelling/ property and did not violate the lease agreement. ** If the household is a DHHS referral, lack of landlord history or standing will not be grounds for denial and special considerations will be reviewed. 4) Income and Asset Verification. The Property Manager will verify employment and all other income and asset information in writing to determine eligibility in accordance with program regulations and requirements. Verification of income and assets will be through third party sources and documented in writing. 5) Minimum Income Requirements. Applicants must have the ability to pay their rent without demand and without creating an undue hardship on the household. To ensure this is determined fairly and equally amongst applicants, the household EFFECTIVE DATE 4/2024 3 must have a minimum income as shown on the property Rent and Income Worksheet (typically 2.5 times the rent amount). If a household does not meet this minimum requirement, a waiver may be granted after review by EPM staff under any one the following criteria: (a) Applicant has a positive landlord history paying the same or comparable rent charged at our property. (b) Applicant has excellent credit history. (c) Applicant has liquid assets equivalent to 6 months of rent. (d) Applicant has subsidy through a verifiable agency that will pay a portion of rent (Example: DHHS/KEY subsidy or voucher subsidy through a local housing authority). 6) Occupancy Standards. The Occupancy Standards listed below will serve as general guidelines: # Bedrooms # of Occupants Minimum Maximum 1 bedroom 1 3 2 bedroom 2 5 3 bedroom 3 7 V. PROGRAM ELIGIBILITY Excel Property Management will accept applicants who, at the time of application, meet the following Eligibility Criteria: 1. All applicants/households must be tax credit eligible as defined under Section 42 of the Internal Revenue Service Code and the Land Use Restriction Agreement. 2. All applicants must be legally capable of entering into a Lease Agreement. Clarification of legal status may be requested. 3. All applicant households must qualify for occupancy according to the income limits which have been established and are adjusted annually by the Department of Housing and Urban Development (HUD) and the Low Income Housing Tax Credit (LIHTC) program. 4. The unit must be the applicant’s only residence. 5. The applicant household must meet the economic criteria established for the program in question. 6. The applicant household must meet the eligibility criteria. 7. Applicant households must provide verification of Social Security numbers for all household members. If the applicant or any household member does not have a Social Security number or other identification a certification must be obtained. 8. All individuals 18 years of age or older (or legally emancipated) must submit a separate application. All applicants whose incomes are being claimed for the units will be required to be leaseholders. EFFECTIVE DATE 4/2024 4 9. Student Eligibility - In general, households that are entirely comprised of full-time students do not qualify under Section 42 of the IRS program for LIHTC properties. However, if a household does meet one of the following five (5) criteria then the student household would be qualified under this exception.  All members are married and entitled to file a joint tax return  Student is enrolled in a program similar to JTPA  Student was previously in a foster care program  Student receives TANF  Single parent and minor child(ren), none of which are dependents of another individual, except in situations where the other parent claims minor children Additionally, this property is subject to HOME rules regarding students and the following must also be considered. 1. Students (full or part time) are disqualified unless age 24 and older – OR- age 23 & younger with a dependent minor child, or married, or a veteran –OR- living with parents who receive Section 8 assistance. 2. If receiving rental assistance, student financial assistance is included in income unless the student is aged 23 plus with a dependent child or living with parents; if there is no rental assistance, student financial assistance is excluded as income. VIII. APPLICATION PROCEDURES Applications will be accepted from all interested persons and households. These may be accepted by personal delivery, mail, email, fax, or other method suitable as available to provide necessary information. A non-refundable application fee of $25 per adult (18+) named on the application must be submitted with the application. During initial rent up and when a vacancy occurs, the Property Manager will: 1. Accept the application on an initial rent-up or consult the appropriate waiting list to select the next prospective resident. 2. Interview or Set up an interview with the prospective resident to update the application and secure signatures on the verification forms. If the original application on file is over one hundred twenty (120) days old, all information must be re-verified, including income and employment verification. 3. Process the application in the following manner: a. Verify previous rent paying experience. Contact the current and previous landlord to determine the applicant’s previous rental payment habits and experience. Considering that an applicant has not paid their rent on a timely basis is grounds for rejection. Attempt to determine if the applicant was ever evicted from a previous rental situation. b. Perform a Credit Check. The Property Manager will secure the credit report. Special attention will be paid to prior or pending evictions, collections, defaults, repossessions or bankruptcies, as well as ratings on any installment loan. c. Secure a criminal record report. The Property Manager will secure the criminal history. Negative criminal reports will be discussed with EPM staff. EFFECTIVE DATE 4/2024 5 d. Verify all income and assets. Send the appropriate verification form(s) to secure written verification of all sources of income and assets. e. Determine eligibility. Once all verifications are received the Property Manager will complete the Rent-to-Income worksheet to determine if the household meets minimum income requirements. The application will then be sent to the EPM Compliance Department for program eligibility review. f. Approve or reject the application based on information obtained in the previous steps. If there is any question whether to approve or reject a particular application, the Property Manager will contact EPM staff immediately. g. If a unit is not immediately available, the household will be added to a waiting list and will be notified accordingly. h. Households will be notified in writing of acceptance of application to available unit, waiting list, or if denied. If denied, an Adverse Action letter will be provided to the household with sufficient information for review. If the applicant wishes to appeal, they should do so within fourteen (14) days, as noted in the denial letter. VIII. SELECTION CRITERIA Applicants will be rejected if they fail to meet requirements with regard to income limits, household/household definition and household/household composition. In addition, applicants will be rejected if they do not meet the project owner's screening criteria. Applicants may be rejected for any or a combination of any of the following reasons: 1. The household’s income is greater than the appropriate income limit for the household size. 2. Failure to meet the age or household composition criteria if property is an ELDERLY property. 3. The Applicant has a negative credit report. Examples that would constitute a denial include: • Unpaid rental debt • Unpaid utility (gas, electricity, water) bills Exclusions not factored into the rental scoring: • Negative medical debt • Lack of credit history is not grounds for denial. 4. The applicant or a household member has a criminal history that when compared to the policy described below results in denial. The restrictions to an applicant’s or household member’s criminal history includes the following: • Convictions involving sale or manufacture of a controlled substance will result in denial of the application for a period of five (5) years. If between 5-10 years, management will review and offer an individualized assessment and evaluate extenuating circumstances. • Convictions for violent felony (Classes A-G and sex offenses) will result in denial of the application for a period of seven (7) years. If more than seven years, management will review and offer an individual assessment and evaluate extenuating circumstances. • Convictions for violent misdemeanor (Classes A1 and sex offenses) will result in denial of the application for a period of five (5) years. If more than five years, management will review and offer an individual assessment and evaluate extenuating circumstances. • Convictions for nonviolent felony (Classes H-I) will be reviewed and offered an individual assessment for a period of five (5) years. EFFECTIVE DATE 4/2024 6 • Convictions for nonviolent misdemeanor (Classes 1-3) will be reviewed and offered an individual assessment for a period of two (2) years. 5. Applications by applicants whose arrest or charge did not result in conviction will not be held against them, nor will an expunged conviction. 6. After EPM notifies an applicant that it plans to deny admission to a household based on a criminal conviction or pending criminal charge, the applicant has 14 days to request the housing provider to conduct an individualized assessment of the criminal record and its impact on the household’s suitability for admission. This individualized assessment will include consideration of the following factors: (1) the seriousness of the criminal offense; (2) the relationship between the criminal offense and the safety and security of residents, staff, or property; (3) the length of time since the offense, with particular weight being given to significant periods of good behavior; (4) the age of the household member at the time of offense; (5) the number and nature of any other criminal convictions; and (6) evidence of rehabilitation, such as employment, participation in a job training program, education, participation in a drug or alcohol treatment program or recommendations from a parole or probation officer, employer, teacher, social worker or community leader; and (7) tenancy supports or other risk mitigation services the applicant will be receiving or have access to during tenancy. 7. Cases which are considered to be in process, held for court, or otherwise without a clear disposition will be considered to be “pending cases”. If the charge may result in the applicant being deemed ineligible based upon the criminal history policy described above, applications are to be considered pending until the applicant can provide documentation of the outcome or resolution of the charge. 8. If any member of the household has a record of engaging in a drug-related or other criminal activity which could be detrimental to the property or endanger the safety and wellbeing of other residents or EPM staff 9. A history of unjustified and/ or chronic non-payment of rent and/ or other financial obligations. This will be waived for applicants participating in any programs or receiving assistance which provides the landlord with the ability to recover any economic loss related to the tenancy (Example: DHHS/ KEY subsidy program) 10. A history of habits that would pose a direct threat to the health and safety of other individuals or whose residency would result in substandard physical damage to the property of others. 11. A history of disturbance of neighbors or violating the right of quiet enjoyment of others. 12. A history of violations of the terms of previous lease agreements, especially those resulting in eviction(s) from housing or termination from residential programs. 13. The head of household not being of legal age to enter into a binding lease agreement. 14. Household income does not appear to be sufficient to meet rental obligation and other necessary living expenses. 15. Poor housekeeping as evidenced by previous landlord's verification(s) and/or home visit; failure to comply with established pet policy for property; 16. Refusal to sign any required verification form for the release of information required to provide eligibility; EFFECTIVE DATE 4/2024 7 17. History of property damage to apartment/townhouse/house or common areas as evidenced by previous landlord's verifications 18. A conviction of the applicant or member of the applicant's household for possession of an unregistered firearm or possession of an illegal weapon; 19. Records of fraudulent misrepresentation, disturbance of neighbors, destruction of property or other disruptive or dangerous behavior which damages the equipment or premises in which the household resides or resided or which is or was disturbing or dangerous to neighbors or disrupts sound household and community life. These actions include but are not limited to behavior or conduct including threats, which adversely effects the safety or welfare of other persons including on-site staff personnel; by physical violence; gross negligence; irresponsibility or discharging of a firearm, legal or illegal; or brandishing a knife or other weapon; 20. If a household fails to move into the rent-ready unit on the agreed date, the application can be rejected and the unit will be offered to the next qualified applicant on the Waiting List. IX. TARGET PROGRAM PREFERENCES Applicants with subsidy will be given preference to available units ahead of the standard waitlist if the minimum reserved units for that program are not met. Thrive at South End practices a “second chance policy” for all applicants with subsidy that do not meet our standard selection policy and meet the following:  Applicant must have a good, verifiable landlord reference  Cannot have any negative rental or utility accounts on credit history  Must meet our criminal criteria  Applicant may be asked to pay an extra security deposit if the meet some, but not all of the aforementioned criteria, in order to be approved. X. Screening for Sex Offender Registration: 1. Pursuant to 24 C.F.R.:5.856 and 5.905, this property must perform criminal background checks during the application stage to determine if an applicant, or a member of an applicant’s household is subject to a lifetime registration requirement under any state sex offender registration program. Criminal background checks must be performed in the state in which the housing is located and for states where the applicant and members of the applicant’s household may have resided. As such, applicants for admission into the applicable HUD-assisted housing programs must provide a complete list of all states in which any household member has resided. Failure to accurately respond to any questions during the application process is cause to deny the family admission. 2. If the process described above reveals an applicant’s household includes an individual subject to state lifetime sex offender registration, this property must offer the household the opportunity to remove the ineligible family member from consideration in the household. If the household is unwilling to remove that individual, the property must deny admission to the household. 3. If the property discovers that a household member was erroneously admitted (after June 25, 2001), the property must immediately pursue eviction for the household member. EFFECTIVE DATE 4/2024 8 XI. VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT OF 2013 (VAWA) 1. The Landlord may not consider incidents of domestic violence, dating violence, sexual assault, or stalking as serious or repeated violations of the lease or other “good cause” for termination of assistance, tenancy or occupancy rights of the victim of abuse. 2. The Landlord may not consider criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s household is the victim or threatened victim of that abuse. 3. The Landlord may request in writing that the victim, or a household member on the victim’s behalf, certify that the individual is a victim of abuse and that the Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, Form HUD-91066, or other documentation as noted on the certification form, be completed and submitted within fourteen (14) business days, or an agreed upon extension date, to receive protection under the VAWA. Failure to provide the certification or other supporting documentation within the specified timeframe may result in denial of application. XII. APPEAL PROCESS Applicants will be notified in writing of the specific grounds for the application rejection and will be given fourteen (14) days from the date of the letter to file a written appeal to discuss and review the rejection. In the event the applicant files an appeal the Asset Manager shall respond to the applicant within ten (10) days of the request. As permitted by law, all documents used in rejecting the applicant shall be made available upon the applicant’s request. The applicant may provide additional data to support their appeal, or present a verbal explanation of why they should not be denied occupancy. This plan provides for the consideration of mitigating factors that rebut the presumption that an applicant will be unable to meet the requirements of tenancy. Factors that will be taken into consideration are, but not limited to:  Evidence of rehabilitation or repair of the disqualifying act or behavior;  The length of time of the occurrence of the disqualifying act or behavior;  The likelihood of the reoccurrence of the disqualifying act or behavior. A written decision of the appeal will be given to the applicant within ten (10) days of the review. If a reasonable accommodation request is submitted, the proposed unit will be held until the request determination is finalized and communicated in writing to the applicant. In the event of a denial of a request for a reasonable accommodation, the applicant will be afforded three (3) business days to challenge the decision before the unit can be rented to another qualified applicant. The following material will be kept on file for at least three (3) years: application, initial rejection notice, any applicant reply, staff’s final response, and all interview records and verified information on which the staff based the rejection. EFFECTIVE DATE 4/2024 9 XIII. WAITING LIST The waiting list is never closed. All applications are logged according to the date and time the application is received. Each applicant will be placed on the appropriate waiting list(s) chronologically according to the date and time of the completed application. Upon completion of the entire application, upon which all questions are answered and if not applicable, the word “NO” is written by Applicant, the proceeding will occur: a. The applications will be recorded in a file with the date and time received, and the supporting documentation as noted on the application, i.e. name, address, telephone, number in household, unit size requested. b. The applications will then be filed in accordance with appropriate unit size for the respective Applicant household. c. Families or person(s) will be selected based upon meeting income eligibility, availability of appropriate sized units. The Resident Selection Plan information will be posted in the Leasing Office and available for review. If a unit is offered and there is no response within 3 days, the waiting list will be noted and the household removed from the list as no longer interested/ withdrawn. If an applicant refuses a particular unit, their application is moved to the bottom of the waiting list, annotated as of the date of declination, to be selected again unless they request to be removed. XIV. TRANSFERS As household changes and income changes occur, it may be a residents wish to transfer to another unit on the property. Depending on the property, if the desired unit is within the same building, a unit transfer may be granted. However, if the desired unit is in another building, the household will need to income qualify as if they were initially occupying the property. If a unit transfer is requested, the household will complete an application and be added to the transfer waiting list. All transfers will take priority on the waiting list when an appropriate unit comes available. The resident should meet the Unit Transfer Criteria as available (attached). If the resident refuses a particular unit, the wait list will be documented and offered to the next person or household on the list. Without a medical reason, the application for transfer will be moved to the bottom of the list, annotated with the date and reason for the declination, to be selection again when the name comes to the top again. If there are no households on the transfer waiting list for an available unit, the manager will go to the Waiting List. XV. If the applicant/resident has a disability, they have a right to request a reasonable modification or accommodation. Please see the notice posted on the property bulletin board for additional information or request from the management office. EFFECTIVE DATE 4/2024 10 XVI. Assistance for Limited English Proficiency Title VI of the Civil Rights Act of 1964, 42 U.S.C 2000(d) and Executive Order 13166 require that recipients of federal funds take responsible steps to ensure access by persons with limited English proficiency (LEP). The landlord will seek aid to assist LEP applicants using but not limited to: 1. Provide an interpreter, free of charge 2. Enlist community volunteer interpreters 3. Allow family member or friends as interpreter 4. Use telephone interpreting services 5. Use internet translation services XVII. SMOKING POLICY This property is non-smoking. There is no smoking allowed within the property parameters. XVIII. PET POLICY No animal which may constitute a threat to a resident or the community will be allowed. Only dogs, cats, birds or fish are allowed. Aquariums will be allowed with a 20 gallon maximum capacity. Only 1 pet per household is allowed not to exceed 25 lbs. at full maturity. There is a $300 non -refundable pet fee and a $20 per month pet rent. Each household is expected to complete a lease addendum that includes the pet rules as well as evidence of annual vaccinations as required by state or local law. XIX. MODIFICATION AND AVAILABILITY OF RESIDENT SELECTION PLAN Excel Property Management reserves the right to make necessary modifications to this plan as may be required by changes in federal, state or local law, changes in applicable programs and/or changes in company policy. If changes are made in the Resident Selection Plan, the new plan will be posted and immediately take effect. Applicants on the Waiting List will be notified in writing that the Resident Selection Plan has been modified and that a copy of the modified plan can be obtained from the Leasing Office.