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TitlePublic Housing Admissions and Continued Occupancy Policy
LanguageEnglish
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Total Pages299
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Housing Authority of the City of Austin Admissions and Continued Occupancy Policy

Revised effective 8/24/2016



Contents

Chapter 1 ......................................................................................................................................... 1

OVERVIEW OF THE PROGRAM AND PLAN .......................................................................... 1

INTRODUCTION .......................................................................................................................... 1

PART I: HACA........................................................................................................................... 1

1-I.A. OVERVIEW ................................................................................................................. 1

1-I.B. ORGANIZATION AND STRUCTURE OF HACA ................................................... 1

1-I.C. HACA MISSION ......................................................................................................... 2

1-I.D. HACA’S COMMITMENT TO ETHICS AND SERVICE .......................................... 2

PART II: THE PUBLIC HOUSING PROGRAM ...................................................................... 3

1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM ................................................ 3

1-II.B. PUBLIC HOUSING PROGRAM BASICS ................................................................ 3

1-II.C. PUBLIC HOUSING PARTNERSHIPS...................................................................... 4

1-II.D. APPLICABLE REGULATIONS ............................................................................... 7

PART III: THE ADMISSIONS AND CONTINUED OCCUPANCY POLICIES .................... 7

1-III.A. OVERVIEW AND PURPOSE OF THE POLICY ................................................... 7

1-III.B. CONTENTS OF THE POLICY ................................................................................ 8

1-III.C. UPDATING AND REVISING THE POLICY .......................................................... 9

Chapter 2 ....................................................................................................................................... 10

FAIR HOUSING AND EQUAL OPPORTUNITY ..................................................................... 10

INTRODUCTION ........................................................................................................................ 10

PART I: NONDISCRIMINATION .......................................................................................... 10

2-I.A. OVERVIEW ............................................................................................................... 10

2-I.B. NONDISCRIMINATION .......................................................................................... 11

PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES ............................... 12

2-II.A. OVERVIEW ............................................................................................................. 12

2-II.B. DEFINITION OF REASONABLE ACCOMMODATION ..................................... 13

2-II.C. REQUEST FOR AN ACCOMMODATION ............................................................ 14

2-II.D. VERIFICATION OF DISABILITY ......................................................................... 14

2-II.E. APPROVAL/DENIAL OF A REQUESTED ACCOMMODATION ...................... 15

2-II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION

IMPAIRMENTS ................................................................................................................... 16

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Income reports will be retained in resident files with the applicable annual or interim

reexamination documents.



When HACA determines through income reports and third-party verification that a

family has concealed or under-reported income, corrective action will be taken pursuant

to the policies in Chapter 15, Program Integrity.

EIV Discrepancy Reports

The EIV discrepancy report is a tool for identifying families that may have concealed or

underreported income. Data in the discrepancy report represents income for past reporting

periods and may be between 6 and 30 months old at the time reports are generated.

Families that have not concealed or underreported income may appear on the discrepancy report

in some circumstances, such as loss of a job or addition of new family members.

Income discrepancies may be identified through use of the EIV “Income Discrepancy Report” or

by review of the discrepancy tab for the individual family.

HACA Policy

HACA will generate the Income Discrepancy Report at least quarterly.

When HACA determines that a resident appearing on the Income Discrepancy Report has

not concealed or underreported income, the resident’s name will be placed on a list of

“false positive” reviews. To avoid multiple reviews in this situation, residents appearing

on this list will be eliminated from discrepancy processing until a subsequent interim or

annual reexamination has been completed.

HACA will review the EIV discrepancy tab during processing of annual and interim

reexaminations.

When it appears that a family may have concealed or underreported income, HACA will

request independent written third-party verification of the income in question.

When HACA determines through file review and independent third-party verification that

a family has concealed or underreported income, corrective action will be taken pursuant

to the policies in Chapter 15, Program Integrity.

EIV Identity Verification

The EIV system verifies resident identities against Social Security Administration (SSA) records.

These records are compared to Public and Indian Housing Information Center (PIC) data for a

match on social security number, name and date of birth.

PHAs are required to use EIV’s Identity Verification Report on a monthly basis to improve the

availability of income information in EIV [Notice PIH 2012-10].

When identity verification for a resident fails, a message will be displayed within the EIV system

and no income information will be displayed.

HACA Policy

HACA will identify residents whose identity verification has failed by reviewing EIV’s

Identity Verification Report on a monthly basis.

HACA will attempt to resolve PIC/SSA discrepancies by obtaining appropriate

documentation from the tenant. When HACA determines that discrepancies exist due to

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Proving That You Are a Victim of Domestic Violence, Dating Violence, Sexual Assault, or

Stalking

The housing authority can ask you to prove or “certify” that you are a victim of domestic

violence, dating violence, sexual assault, or stalking. It must give you at least 14 business days

(i.e. Saturdays, Sundays, and holidays do not count) to provide this proof. The housing authority

is free to extend the deadline. There are three ways you can prove that you are a victim:

 Complete the certification form given to you by the housing authority. The form will ask for

your name, the name of your abuser, the abuser’s relationship to you, the date, time, and

location of the incident of violence, and a description of the violence. You are only
required to provide the name of the abuser if it is safe to provide and you know their
name.

 Provide a statement from a victim service provider, attorney, or medical professional who

has helped you address incidents of domestic violence, dating violence, sexual assault, or

stalking. The professional must state that he or she believes that the incidents of abuse are

real. Both you and the professional must sign the statement, and both of you must state that

you are signing “under penalty of perjury.”

 Provide a police or court record, such as a protective order.

If you fail to provide one of these documents within the required time, the housing authority may

evict you.

Confidentiality

The housing authority must keep confidential any information you provide about the violence

against you, unless:

 You give written permission to the housing authority to release the information.

 The housing authority needs to use the information in an eviction proceeding, such as to evict

your abuser.

 A law requires the housing authority to release the information.

If release of the information would put your safety at risk, you should inform the housing

authority.

VAWA and Other Laws

VAWA does not limit the housing authority’s duty to honor court orders about access to or

control of a public housing unit. This includes orders issued to protect a victim and orders

dividing property among household members in cases where a family breaks up.

VAWA does not replace any federal, state, or local law that provides greater protection for

victims of domestic violence, dating violence, sexual assault, or stalking.

For Additional Information

If you have any questions regarding VAWA, please contact ________________________ at

____________________.

For help and advice on escaping an abusive relationship, call the National Domestic Violence

Hotline at 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY).

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Definitions

For purposes of determining whether a public housing applicant or tenant may be covered by

VAWA, the following list of definitions applies:

VAWA defines domestic violence to include felony or misdemeanor crimes of violence

committed by any of the following:

 A current or former spouse of the victim

 A person with whom the victim shares a child in common

 A person who is cohabitating with or has cohabitated with the victim as a spouse

 A person similarly situated to a spouse of the victim under the domestic or family violence

laws of the jurisdiction receiving grant monies

 Any other person against an adult or youth victim who is protected from that person’s acts

under the domestic or family violence laws of the jurisdiction

VAWA defines dating violence as violence committed by a person (1) who is or has been in a

social relationship of a romantic or intimate nature with the victim AND (2) where the existence

of such a relationship shall be determined based on a consideration of the following factors:

 The length of the relationship

 The type of relationship

 The frequency of interaction between the persons involved in the relationship

VAWA defines sexual assault as “any nonconsensual sexual act proscribed by Federal, tribal, or

State law, including when the victim lacks capacity to consent” (42 U.S.C. 13925(a)).

VAWA defines stalking as (A)(i) to follow, pursue, or repeatedly commit acts with the intent to

kill, injure, harass, or intimidate another person OR (ii) to place under surveillance with the

intent to kill, injure, harass, or intimidate another person AND (B) in the course of, or as a result

of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in

reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm

to (i) that person, (ii) a member of the immediate family of that person, or (iii) the spouse or

intimate partner of that person.

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