Tenant Selection Plan and Occupancy Policy for Citronelle Homes 1.0 Project Description Citronelle Homes is a project in Citronelle, Alabama owned and operated by the MOWA Choctaw Housing Authority. Consisting of four (4) detached, single-family homes, the project was funded with HOME funds from Mobile County and is subject to various rules and regulations of the HOME program. Unlike some other rental properties owned and operated by the Authority, this project contains no restrictions or preferences for tribal members and is open to all otherwise eligible applicants. 2.0 Eligibility Requirements To qualify to live in the Citronelle Homes project, prospective applicants must meet the following requirements: 2.1 Income Limitations The gross household income of applicants must be less than or equal to 80% Area Median Income (AMI) as determined by HUD for the HOME Program. HUD published updated limits, which may change from year to year, on an annual basis. All tenants must be income eligible at the time of signing their initial lease. (Note, at initial lease-up, applicants must have incomes at or below 60% AMI.) Applicants must disclose all individuals, including adults and minors, expected to occupy the unit, whether or not those individuals are related by blood, marriage, or operation of law. To ensure that tenants can reasonably be expected to afford their rent on an ongoing basis, the Authority has also established a minimum income requirement. Prospective applicants must have an income equal to at least 2.5 times the contract rent for a unit (or in the case of tenants with a housing choice voucher or other similar form of rent assistance, the household income must be equal to at least 2.5 times the total tenant contribution to rent and utilities after accounting for the portion of rent paid by the voucher). 2.2 Credit Requirements The Authority will screen all applicants for their credit activity for the past 12 months. The Authority will reject an applicant for a credit history reflecting delinquencies on: Any utility bills and/or; Any previous monies owned from prior rental obligations The Authority will not reject an applicant for a lack of a credit history. 2.3 Prior Rental History The applicant’s rental history must be acceptable to the Authority housing standards, which are as follows: Applicants should have at least one year of rental history to contact; The rental history of both the current landlord, and one previous landlord may be reviewed; If the applicant’s current living arrangements are with a family member, then two previous landlords may be contacted; If an applicant’s preceding housing was “owner occupied” this criterion is waived; Applicants must not have a history of more than (4) late rental or mortgage payments within two year period; Applicants must show a willingness to maintain premises in a sanitary condition with no evidence of undesirable noise, odor, or disruptions to the quiet and peaceful enjoyment of other residents. Screening for Housekeeping Habits All landlords contacted for rental history will also be questioned regarding the applicant’s housekeeping habits, to determine the maintenance of the present home in regards to sanitary conditions, and fire and safety standards. The Authority will deny admission if: Any household containing member(s) who was evicted in the last three (3) years from federally assisted housing for drug-related criminal activity. The Authority may, at its option, approve such an application, if the evicted household member has successfully completed an approved, supervised drug rehabilitation program; or the circumstances leading to the eviction no longer exist (e.g., the household member no longer resides with the applicant household) Any household member is currently engaging in illegal drug use; Any household member if there is reasonable cause to believe that member’s behavior, from abuse or pattern of abuse of alcohol, may interfere with the health, safety, and right to peaceful enjoyment by other residents. The screening standards will be based upon behavior not the condition of alcoholism or alcohol abuse; Any household member has engaged in violent criminal activity; Any household member with a derogatory criminal (felony, misdemeanor, etc.) record less than three(3) years old that the Authority believes constitutes a threat to the health, safety , and rights peaceful enjoyment of the property by residents, owners, employees, contractors subcontractors, or agents of the owner.” Non-violent felony (forgery, fraud, etc.) that is less than five (5) years from the date of the disposition. 2.4 Criminal Background Limitations The Authority will deny admission to any member of the household that is subject to a lifetime registration requirement under a state sex offender registration program. In accordance with Federal law, MOWA Choctaw Housing Authority is establishing this standard to prohibit admission to this federal-assisted property to sex offenders subject to a lifetime registration under a state sex offender registration program. During the admission screening process, the Authority will perform the necessary criminal history background checks in the state where the housing is located and in other states where the household members are known to have resided. 2.5 Occupancy Standard To avoid overcrowding, occupancy in Citronelle Homes is limited to households of 6 or fewer individuals. While recognizing that the minimum and maximum income limits practically limit the likelihood of small households (e.g. 1 or 2 person households) from qualifying for Citronelle Homes, there is no explicit minimum occupancy standard. 3.0 Application/Waiting List Process 3.1 Overview All applicants for admission to the MCHA Housing shall be required to fill out and submit a written application for admission in order for the MCHA to determine the eligibility of the applicant household. All applications for admission must be hand delivered to the MCHA office. It shall be the responsibility of the Executive Director or a designated employee if assistance is required by applicants in filling out the application. A member of the MCHA office staff shall be responsible for receiving, recording, and processing all applications for admission. All applications for the Citronelle homes will be date and time stamped for priority order on waiting list. Applications for admission to the MCHA housing are to be taken from all applicants. In cases where applicants are ruled ineligible for admission, written notice outlining the reason(s) for rejection will be provided to applicants, and a copy of their application for admission shall be retained in the MCHA files for a period of at least 5 years. Applications will be available will be available online at www.mowachoctaw.com and the Housing Authority office. 3.2 Equal Opportunity and Fair Housing Requirements In accordance with Sections 24 CFR 92.350 and 92.351 of the HOME regulations, no person shall on the ground of race, color, national origin, religion, sex, disability, or familial status be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program activity funded in whole or in part from HOME funds, including disregard of tribal status for preference with this project. The requirements of 24 CFR 5.105(a)(2) requiring that HUD-assisted housing be made available without regard to actual or perceived sexual orientation, gender identity, or marital status and prohibiting owners (or their agents) from inquiring about the sexual orientation or gender identity of an applicant for, or occupant of, HUD-assisted housing for the purpose of determining eligibility for the housing or otherwise making such housing available. This prohibition on inquiries regarding sexual orientation or gender identity does not prohibit any individual from voluntarily self-identifying sexual orientation or gender identity. The Authority shall develop, operate, and maintain the Project in accordance with all Equal Opportunity and Fair Housing Requirements stated in the HOME Agreement. 3.3 Waiting List Procedure Order of selection served in the order of application. Managing waiting list over time Applicant households will be offered available units based on the information included in this tenant selection plan. Each applicant will be offered the opportunity to accept a home one (1) time. If a tenant does not wish to accept an offered home, they have the right to refuse the offer. Applicants must notify the Authority of their intent to refuse the unit offer by using one or more of the following methods: In writing By facsimile By email The first time an applicant refused a unit, the unit will be offered to the next qualified household based on the criteria described above. The applicant will be removed from the waiting list. Removal of Applicants from the Waiting List The owner/agent will remove an applicant’s name from the Waiting list when: 1) Applicant requests that the household name be removed 2) Applicant fails to meet eligibility requirements 3) Applicant fails to meet screening requirements 4) A applicant is rejected for any reason described in this plan 5) Applicant cannot be contacted by US Mail (letters are returned or undeliverable). If letter is returned or undeliverable, the applicant letter is kept in file. 6) Applicant cannot be contacted by phone (number disconnected or changed) 7) Applicant was clearly advised, in writing, of the requirement to tell owner/agent of his/her continued interest in housing by a particular time and failed to do so 8) 9) The owner/agent has notified the applicant, in writing, of its intention to remove Applicant refused offer of a unit (See Right to Refusal) the applicant’s name, because the applicant no longer qualifies for assisted housing at this property 10) If an applicant is removed from the waiting list, and subsequently the owner/agent determines that an error was made in removing the applicant, the applicant will be reinstated at the original placed on the waiting list. 11) If an applicant is removed from the waiting list and later, the applicant household feels that they are now qualified for assistance/tenancy, the applicant household must submit a new application. The applicant will be place on the waiting list, as necessary, based on the submission date of the new application. 3.4 Application Processing Once new unit becomes available the MCHA Housing Authority will pull from waiting list and begin processing the tenant’s application. The signature of the applicant on the application for admission attests to the accuracy of the information provided in the application. However, HOME rules require MCHA to fully document the income eligibility of each tenant household. MCHA requires that applicants submit at least two months of source documentation for all sources of income and assets (e.g. pay stubs, account statements, etc.), and MCHA will supplement these reviews by completing third-party verifications. If the verified data used in determining an applicant’s eligibility is not more than one (1) month old at the time the applicant is selected for admission and the applicant states that no change has occurred in his/her status, then the information will be considered as reflecting the applicant’s status at the time of admission. If the information is between one (1) and three (3) months old at the time of admission, the applicant must attest to any changes that may have occurred in his/her status that may affect his/her eligibility preference rating, rent payment, and the size of the required dwelling unit. Any changes must be re-verified. If the information on file is more than three (3) months old at the time of selection for admission, then all information on file must be re-verified and recorded in the applicant’s file. Tenant income determinations will use the “Part 5” definition of income. Using at source documentation and third-party verifications, MCHA will project the gross household income anticipated over the upcoming 12 months. In conducting income determinations, MCHA will use HUD’s Technical Guide for Determining Income and Allowances for the HOME Program and the CPD Income Calculator (https://www.hudexchange.info/incomecalculator/). The initial CPD Income Calculation and subsequent calculations for recertification is part of the tenant’s permanent file. 3.5 Tenant Selection Tenant selection refers to the selection of eligible applicants for low-rent housing, for the purpose of assigning the applicant to an available dwelling unit that is suitable to the applicant needs. The following steps are involved in selecting and assigning eligible applicants to low rent housing: 1. The Executive Director and his/her staff must determine if the applicant meets all of the eligibility criteria for admission to low rent housing. 2. The eligible applicants are placed on an eligibility list prioritized on a first come first serve basis. 3. The Executive Director is expected to maintain a current record of expected vacancies. This information is necessary so that the approximate dates when dwelling units will become available can be anticipated in advance of the time that units actually become vacant. 4. As dwelling units become available, the Executive Director and The Board of Commissioners are responsible for ensuring an eligible applicant is selected from the waiting list in order of application. 5. The selected applicant must be promptly notified of the availability of the unit for which they applied. In the notification, the selected applicant is instructed to contact the MCHA office for the purpose of setting up an interview with the Housing Manager of the MCHA. Depending on when the original application was submitted, the applicant may be required to complete a new/updated application including the submission of new income documentation prior to conducting the interview. 6. During the interview with the selected applicant, the occupancy policies, tenant obligations, leasing procedures and housing charges are explained in detail. The applicant is also shown the dwelling unit, they may formally accept or refuse the unit. If the applicant accepts the unit, he or she executes the lease agreement. The selected deposit and steps are taken to begin occupancy. Applicants who are determined to be ineligible for admission will be notified, within 5 days of their ineligibility in writing. The written notice will explain the reason for applicant’s ineligibility. The written notice will also notify the ineligible applicant that he or she is entitled to a hearing before the Executive Director and/or the Board of Commissioners. A determination of ineligibility does not restrict the applicant from reapplying at a later date, should his or her status or economic condition change. Applications from applicants who are determined to be ineligible will be retained in the MCHA files for a period of 5 years. 3.6 Background Checks Background checks concerning previous rental history and criminal background checks will be performed in conjunction with all other eligibility requirements. Applicant will be disqualified and can be deemed ineligible if criminal background check proves that tenant was not eligible because of prior convictions listed in 3.2 Eligibility. 3.7 Reasonable Accommodations In addition to its obligation to operate the properties in a nondiscriminatory manner, MCHA must also consider requests for reasonable accommodations from applicants and tenants with disabilities. However, under the Fair Housing Act it is illegal for an owner/manager to ask if an applicant or anyone associated with the applicant or resident has a disability, or to ask about the nature or severity of the person’s disability. To balance these concerns, MCHA will inform all applicants that they are entitled to reasonable accommodations when such accommodations may be necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling. A reasonable accommodation is a change, exception or adjustment to a program, service, building, dwelling unit or workplace that will allow a qualified person with a disability to participate fully in a program, take advantage of a service, live in a dwelling or perform a job. A request for reasonable accommodation must be made by or on behalf of the person with the disability. While it is not required, it is recommended that the request be in writing, whenever possible. The owner/manager must grant the reasonable accommodation so long as the accommodation does not pose an undue financial and administrative burden and the requested accommodation does not constitute a fundamental alteration of the provider’s operations. The owner/manager may suggest an alternative accommodation that will effectively address the disability-related needs of the applicant without imposing an undue financial or administrative burden and without fundamentally altering the operations. Additional fees or security deposits cannot be charged as a condition of receiving a reasonable accommodation. Providers have an obligation to provide prompt responses to reasonable accommodations requests. 4.0 Lease Signing 4.1 Lease Agreement A lease agreement must be signed by each tenant household and the Authority to serve as a formal, written understanding of the obligations and responsibilities of each party. The lease agreement should be kept current at all times and should reflect the conditions governing occupancy. The lease will be explained completely before it is signed by the new tenant. A thorough explanation in simple terms may prevent future problems about the obligations and responsibilities of the tenant and the MCHA. All Lease Agreement will be accompanied with the HOME addendum. 4.1.1 Lease Interview An interview should be set up between the applicant and the Housing Manager on the day the unit is ready (or the day before, if possible). All parties to the lease should be present at the interview, if possible. The interview should include, first, an opportunity for the applicant to ask questions they might have, and second an outline of the major responsibilities of the MCHA. The interview should also include showing the house or apartment to the applicant, and then if they find the unit acceptable, a thorough explanation of the lease. When the lease has been reviewed, additional policies and procedures will be reviewed. The lease should be signed by the applicant and the MCHA Housing Manager. The rent and security deposit should be collected when the lease is signed. 4.1.2 Execution of Lease Agreement All adult members of the household (excluding dependent students unless they are the head/co-head of household or spouse) must execute the lease. Both the tenant and the designated MCHA Housing Manager must sign the lease. One signed copy is to be in the tenant’s permanent file. 4.2 Rent Limits All units in Citronelle Homes will have rents at or below the High HOME rent, adjusted for unit size, as published annually by HUD. This is a gross rent limit, taking into account tenant paid utilities. For in-place tenants whose incomes increase above 80% AMI at annual recertification, rent will be adjusted per HOME requirements to 30% of adjusted income (see 5.2 Over-Income Tenants). 4.3 Utility Allowance When comparing rents to the HOME Rent Limits, an allowance for tenant paid utilities will be established, subject to approval by Mobile County Grants Department. In general, the most recent Utility Allowance chart approved by HUD for the Mobile County Housing Authority’s housing choice voucher program will be used. Tenants are responsible for electricity, gas, water and sewer, and garbage service. Note that utility allowances do not apply to telephone, internet, or cable costs though tenants are responsible for paying for their own phone, internet, or cable services. 4.4 Security Deposit The new tenant is required to pay a security deposit at the lease signing. When a partial payment is made toward the security deposit, the tenants should sign a payment agreement. The security deposit is kept on account to insure the loss of removable articles, damage to property (except reasonable wear and tear), non-payment of rent or any other unpaid charges of the tenant. All units will have a $500.00 Security Deposit. The Security Deposit will be returned at the time of move-out after inspection of the unit and computation of all outstanding charges pursuant to applicable state laws. Insomuch as possible, the resident shall be present during the move-out inspection. 4.5 Termination/Non-Renewal Authority may terminate or refuse to renew the lease only on 30 days written notice and only for serious violations of the lease including: Failure to pay rent or other charges when due; Failure to provide recertification information or submission of false or fraudulent information about the composition and income of the household; Damage to the premises; Criminal conviction for crimes otherwise specified in the eligibility criteria above. 5.0 Lease Renewals Leases must be in writing and renewed annually. 5.1 Income Recertification Tenant must update information on household composition and income annually prior to lease renewal. In-place tenants may complete a self-certification of household composition and income, except that every 6th year of the project’s affordability period recertifications shall be completed with full source documentation. Additionally, if a tenant’s self-certification indicates income has risen above 80% AMI; full source documentation shall be required to verify gross and adjusted income. 5.2 Over-Income Tenants Existing tenants who, at recertification, are determined to be over 80% AMI may continue to renew their lease and occupy their units. However, the rent for over-income tenants will be adjusted to 30% of the adjusted income of the tenant. 6.0 Move-Out Procedures Under the lease between the tenant and the MCHA the tenant is to give 30 days’ notice in writing of “intent to vacate”. The tenant should either give this notice personally to the Executive Director or Housing Manager of the MCHA office or send it to the MCHA office. If proper notice (as stated above) is not given, the tenant will lose all or part of their security deposit, depending on number of vacancy days lost due to the lack of proper notice. Rent must be paid up to the day of move-out. When no notice has been given, the tenant who is moving out will be charged up to 30 days rent to cover the notice period. The MCHA must act quickly when notified of a vacancy, or intent to vacate because each day a unit goes unoccupied, it is a loss of money to the Housing Authority. Also, the possibility of vandalism increases when a unit is vacant and someone in need of public housing is kept waiting another day. The MCHA should make an effort to determine the reasons for a tenant moving. It is helpful to everyone involved to avoid any unnecessary move-out. If a tenant appears to be moving in haste, or for some minor reason, the Authority should try to convince the tenant to stay. The resident who moves out often finds difficulty in locating housing in the private market and may want to return to public housing. It is the responsibility of the MCHA to warn tenants moving out of this situation and if possible avoid an extra move. If a tenant is convinced that a move is in their best interest, and cannot be encouraged to stay, the MCHA shall remind the tenant of his/her responsibilities and obligations, which include the following: 1. Paying all charges and rent owed (up to the day of move-out). 2. Responsibility for any damage to the unit and its equipment. 3. Responsibility for leaving the unit, equipment, and yard clean and neat. (Tenant will be charged additional amounts for excess clean-up of yard or unit.) 4. Responsibility for returning all keys to the MCHA office. Explain to the tenant that they will get all or most of their security deposit back by fulfilling these obligations. The following is the procedure to be taken when a vacancy occurs or intent to vacate is given: 1. Remind tenants of their move-out obligations and responsibilities. 2. Pull tenant’s account and file. 3. Determine their reason for moving and if they’ve been good tenants and their reasons are not very good, try to convince them to stay. 4. Notify maintenance personnel and the MCHA Housing Manager in charge of tenant selection. 5. Inspect unit with the tenant (if possible) and maintenance personnel. 6. Write work orders and schedule maintenance. 7. Determine tenant charges and explain the charges to the tenant. 8. Obtain all unit keys. 9. Collect charges and close-out tenant account. 10. Inspect unit after maintenance crew is finished and make sure unit is ready for preoccupancy.**If unit is not ready, contact maintenance and have them make additional preparations IMMEDIATELY. 11. When a unit is determined to be ready for occupancy contact the applicant who is first on the eligibility list for units of that particular size. 12. Select new tenant and initiate move-in procedures. 7.0 House Rules 7.1 Pet Policy Service animals (e.g. guide dog) are not pets for purpose of this policy. No pets allowed inside or outside of the home. 7.2 Business Use of Unit The Authority prohibits the tenant from conducting business on rental properties. The unit shall not be used for retail or service activities, (e.g. day care services, direct sales, hair cutting, car repairs, etc.) but may allow “home office” style uses (e.g. medical transcription, at home call center agent etc.). 7.3 Junk Car Policy Only licensed, insured, and operable vehicles may be stored and/or kept on the property. In no case may tenants store junk cars on the premises or park any vehicles (operable or inoperable) anywhere on the premises other than the driveway (e.g. no parking on the lawn).