Rules of the Housing Choice Voucher Program Packet

RULES OF THE HOUSING CHOICE VOUCHER PROGRAM

It is the responsibility of the head of household (that's you) to report to Community Development Corporation of Long Island (“CDCLI”) all household income and family composition changes in writing within two (2) weeks of the change.

HOUSEHOLD INCOME:
All household income includes everyone (husband, wife, children, other) who currently lives in your housing unit, or assists in paying your expenses.

FAMILY COMPOSITION:
Before adding a household member, you must get approval in writing from both the landlord and CDCLI. A guest staying in your unit may not exceed 15 consecutive or 60 calendar days per year. If a person continues to live in your unit without our approval, CDCLI may begin termination proceedings against you.

In addition, should a household member move out of your unit, you must report this information to CDCLI in writing and provide supportive documentation.
I have read the above and understand what I have read.


Portability Information

Portability Information
I have read and understood the CDCLI HCV Portability Information listed above.



Checklist of Items for Participant

ALL CHECKED ITEMS BELOW MUST BE SUBMITTED TO THIS OFFICE WITHIN 2 WEEKS OF TODAY'S DATE.

  1. Verification on letterhead stating your date of hire, hourly wage, and hours worked per week OR 6 consecutive pay stubs.
  2.  Current Social Security, SSI award letter, SSP letter 
  3. Child support letter and 6 stubs OR Alimony letter
  4. Verification of Veteran's benefits OR Pension letter 
  5. Unemployment benefit letter
  6. Workman's Compensation benefit letter
  7. TANF computer printout (Public Assistance budget/ Food stamp budget) 
  8. Self-Employment, most recent Federal Tax Return with Schedule C, 1099 
  9. 6 most recent bank statements for any Checking and/or Savings accounts 
  10. Trust, Bonds, Stocks, Treasury bills - send verification
  11. Lump Sum payments from an inheritance, Lottery winnings or Insurance settlements.
  12. Certificate of Deposit (CD) or Money Market documentation or statements
  13. Interest in real property - copy of current tax bill and appraisal
  14. Notarized childcare statement (for children under age 13)
  15. Full - Time School Statement
  16. Birth Certificate and/or Social Securi ty cards for all household members
  17. Doctors note stating fully disabled
  18. Verification of health insurance premiums
  19. Doctors bills from the prior year (see housing specialist for information)
  20. Prescriptions-printout from pharmacy for any received in the past 2 years
  21. Out of pocket medical expenses for the previous year (i.e. paid receipts)
  22. 6 recent rent receipts OR a statement from the  landlord verifying rent paid to date
  23. Utility bills (electric, oil, gas, water, sewer, garbage)
  24. Signed Income Tax return for all adults in household (W-2's & 1099 needed)
  25. Notarized Affidavit of Non Employment for head of household







This individual has applied for housing assistance under a program of the U.S. Department of Housing and Urban Development (HUD). HUD requires us to verify all information that is used in determining the family's eligibility. We appreciate your prompt response. as we are required to complete our verification  process  in a short time period. 

Housing Search Record

Housing Search Record









Family Home


Single Family Homes

Single Family







Cost
Heating
Cooking
Other electric
Air conditioning
Water heating
Water
Sewer
Trash collection
Other

Low Rise Apartment

Low Rise







Cost
Heating
Cooking
Other electric
Air conditioning
Water heating
Water
Sewer
Trash collection
Other

Semi-Detached, Condo or Townhouse

Semi Detached







Cost
Heating
Cooking
Other electric
Air conditioning
Water heating
Water
Sewer
Trash collection
Other

High Rise w/ Elevator (over 4 floors)

High Rise







Cost
Heating
Cooking
Other electric
Air conditioning
Water heating
Water
Sewer
Trash collection
Other

DSS Security



Participant/Applicant Signature

Dear Applicant/Participant:

Beginning January 2017 Community Development Corporation of Long Island (“CDCLI”) must provide each applicant and participant with the following Violence Against Woman Act (VAWA) Appendices:

VAWA Appendix A – Notice of Occupancy Rights under the Violence Against Women Act, form HUD -5380

VAWA Appendix B – Model Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, form HUD-5381

VAWA Appendix C – Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation, form HUD-5382

VAWA Appendix D – Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, form HUD-5383

These forms are for you to keep and refer to if necessary. Please note that although the statutory name references women, VAWA rights and protections apply to all victims of domestic violence, dating violence, sexual assault or stalking.

All Applicants/Participants must acknowledge receipt of these forms by signing below and returning this top form to your Housing Specialist.


ADDITIONAL ADULT LIVING IN UNIT

Community Development Corporation of Long Island’s (“CDCLI”) policy states no adult person(s) other than those listed on the lease and/or application shall live or stay in the unit other than on a temporary basis (may not exceed 15 consecutive or 60 calendar days per year). This is to ensure that the total tenant payment is accurately based on the total monthly income of that household unit.

To add someone to the household, you must obtain written permission from CDCLI and the landlord in advance of anyone moving into the unit.

If an adult other than those named on the lease is in the unit for more than fifteen (15) consecutive or sixty (60) calendar days per year, I agree to contact CDCLI immediately. I realize that failure to do this could result in repayment of the rent and possible theft and fraud charges under state and federal law.

I understand the above statement. There is no other adult living or staying in the unit now other than those whose name is on the application and/or lease.


Page 12



ALL adult family members living in household MUST sign

In order for you to receive and continue to receive Housing Choice Voucher (HCV) rental assistance, you and your entire household MUST fulfill your obligations to the COMMUNITY DEVELOPMENT CORP. OF LONG ISLAND (CDCLI) Housing Choice Voucher (HCV) Program. If you fail to fulfill your obligations, your rental assistance may be terminated.

IN ORDER TO MEET YOUR FAMILY OBLIGATIONS, YOU MUST:
 Complete a determination of eligibility annually.
 Supply any and all information that CDCLI requests to determine eligibility, including evidence of citizenship or eligible immigration status, verification of social security numbers, consent forms for obtaining necessary information, and any other information requested.
 Supply information that is true and complete.
 Report any and all changes in income or assets in writing to CDCLI within two (2) weeks of the change.
 Report any and all changes in Household Composition in writing within two (2) weeks of the change to CDCLI.
 Request in writing and receive written approval from CDCLI before any other person moves into your household.
 Notify CDCLI in writing within two (2) weeks if any family member no longer lives in the unit.
 Notify CDCLI in writing if any household member is going to be away from the unit for an extended time period.
 Request permission for absences that will be longer than 30 days.
 Allow CDCLI to inspect the unit at reasonable times and after reasonable notice. Any unit participating in the HCV program MUST meet Housing Quality Standards at all times.
 Only reside in the assisted unit.
 Immediately give CDCLI a copy of any owner eviction notice. In addition, provide copies of all court orders.
 Pay your utility bills and supply appliances that you are required to supply under the lease and HAP contract.
 Pay your share of the rent in a timely manner and pay only the rent specified by CDCLI. Your portion of the rent is calculated by CDCLI and is stated in your Rent Adjustment Letter. Pay no more than stated.

MOVES
After the first term of the lease, you may be able to continue to receive assistance in a new unit if the following conditions are met. Families
are not permitted to move more than once in a 12-month period (unless beyond your control).
IF YOU WISH TO MOVE, YOU MUST:
 Notify CDCLI if you intend to move.
 Give your landlord a 30-day written notice.
 Provide a copy of the notice to CDCLI and complete a copy of the Notice to Vacate form.
 Ensure that all rental payments to the landlord are up-to-date and re-payment agreement monies owed to CDCLI are paid in full.
 Ensure that all tenant-related damages to the unit are repaired before you move.
You CANNOT move into a new unit until CDCLI approves it. CDCLI will conduct an inspection to ensure all Housing Quality Standards
required by HUD are met. CDCLI will also ensure that the rent is reasonable and affordable and the owner is eligible to participate in the
HCV program.
You are responsible if the housing unit fails the CDCLI inspection for any of the following reasons:
 You fail to pay for any utilities that your family is responsible for according to the terms of the lease.
 You fail to provide and maintain any appliances that the family provides under the lease.
 Any member of the household or guest damages the dwelling unit or premises beyond normal wear and tear.

YOU AND ANY MEMBER OF YOUR HOUSEHOLD MUST NOT:
 Own or have any interest in the unit.
 Commit fraud, bribery, or any other corrupt or criminal act in connection with the HCV program.
 Participate in illegal drug or violent criminal activity, or any other criminal activity.
 Sublease, sublet, assign the lease, or transfer the unit to any other party.
 Commit any serious or repeated violation of the lease.
 Receive HCV assistance while receiving another housing subsidy, for the same unit or a different unit under any other Federal, State, or local housing assistance program.
 Abuse drugs or alcohol in any way that threatens the health, safety or right to peaceful enjoyment of other tenants in the immediate vicinity of the premises.

GROUNDS FOR DENIAL OR TERMINATION OF ASSISTANCE
CDCLI may at any time deny program assistance for an applicant, or terminate program assistance for a participant for the following:
 If the family violates any family obligation under the HCV program (see first page)
 If any member of the family is subject to lifetime registration under a state sex offender registration program
 If any member of the family has ever been evicted from public housing
 If any agency has ever terminated assistance for cause under the voucher program for any member of the family
 If the family currently owes rent or other amounts to CDCLI or to another agency in connection with the HCV Program or public housing assistance under the Housing Act of 1937
 If the family has not reimbursed any agency for amounts paid to an owner under a HAP Contract for rent, damages to the unit, or other amounts owed by the family under the lease
 If the family breaches an agreement with CDCLI to pay amounts owed to this office, or amounts paid to an owner by this office
 If the family has engaged in or threatened abusive or violent behavior toward CDCLI personnel
 If the family is guilty of abuse or fraud (fraud is a criminal offense)
 If the family refuses to supply any certification, release of information or documentation which CDCLI or HUD determines to be necessary for the administration of the program
 If the family vacates the dwelling unit without proper notice to CDCLI
 If the family does not use the dwelling as its principal place of residence
 If the family engages in drug-related activity or violent criminal activity, including criminal activity by any family member
Adults of Household Signatures
I/We have read and understand the CDCLI HCV Program Family Obligations, and I/we agree to abide by these obligations.






U.S. Department of Housing and Urban Development
Office of Public and Indian Housing (PIH)
RHIIP Rental Housing Integrity Improvement Project

What You Should Know About EIV
A Guide for Applicants & Tenants of
Public Housing & Section 8 Programs

What is EIV?
The Enterprise Income Verification (EIV) system is a
web-based computer system that contains
employment and income information of individuals
who participate in HUD rental assistance programs.
All Public Housing Agencies (PHAs) are required to
use HUD’s EIV system.

What information is in EIV and where does it
come from?
HUD obtains information about you from your local
PHA, the Social Security Administration (SSA), and
U.S. Department of Health and Human Services
(HHS). HHS provides HUD with wage and employment
information as reported by employers; and
unemployment compensation information as reported
by the State Workforce Agency (SWA). SSA provides HUD with death, Social Security (SS) and Supplemental Security Income (SSI) information.

What is the EIV information used for?
Primarily, the information is used by PHAs (and
management agents hired by PHAs) for the following
purposes to:
1. Confirm your name, date of birth (DOB), and
Social Security Number (SSN) with SSA.
2. Verify your reported income sources and
amounts.
3. Confirm your participation in only one HUD
rental assistance program.
4. Confirm if you owe an outstanding debt to any
PHA.
5. Confirm any negative status if you moved out
of a subsidized unit (in the past) under the
Public Housing or Section 8 program.
6. Follow up with you, other adult household
members, or your listed emergency contact
regarding deceased household members.
EIV will alert your PHA if you or anyone in your
household has used a false SSN, failed to report
complete and accurate income information, or
is receiving rental assistance at another address.
Remember, you may receive rental assistance at
only one home!
EIV will also alert PHAs if you owe an outstanding debt
to any PHA (in any state or U.S. territory) and any
negative status when you voluntarily or involuntarily
moved out of a subsidized unit under the Public
Housing or Section 8 program. This information is used
to determine your eligibility for rental assistance at the
time of application.
The information in EIV is also used by HUD, HUD’s
Office of Inspector General (OIG), and auditors to
ensure that your family and PHAs comply with HUD
rules.
Overall, the purpose of EIV is to identify and prevent
fraud within HUD rental assistance programs, so that
limited taxpayer’s dollars can assist as many eligible
families as possible. EIV will help to improve the
integrity of HUD rental assistance programs.

Is my consent required in order for information
to be obtained about me?
Yes, your consent is required in order for HUD or the
PHA to obtain information about you. By law, you are
required to sign one or more consent forms. When
you sign a form HUD-9886 (Federal Privacy Act
Notice and Authorization for Release of Information) or
a PHA consent form (which meets HUD standards),
you are giving HUD and the PHA your consent for
them to obtain information about you for the purpose
of determining your eligibility and amount of rental
assistance. The information collected about you will be
used only to determine your eligibility for the program,
unless you consent in writing to authorize additional
uses of the information by the PHA.
Note: If you or any of your adult household
members refuse to sign a consent form, your
request for initial or continued rental assistance
may be denied. You may also be terminated from
the HUD rental assistance program.

What are my responsibilities?
As a tenant (participant) of a HUD rental assistance
program, you and each adult household member must
disclose complete and accurate information to the
PHA, including full name, SSN, and DOB; income
information; and certify that your reported household
composition (household members), income, and
expense information is true to the best of your
knowledge. Remember, you must notify your PHA if a household member dies or moves out. You must also obtain the PHA’s approval to allow additional family members or friends to move in your home prior to them moving in.

What are the penalties for providing false
information?
Knowingly providing false, inaccurate, or incomplete
information is FRAUD and a CRIME.
If you commit fraud, you and your family may be
subject to any of the following penalties:
1. Eviction
2. Termination of assistance
3. Repayment of rent that you should have paid
had you reported your income correctly
4. Prohibited from receiving future rental
assistance for a period of up to 10 years
5. Prosecution by the local, state, or Federal
prosecutor, which may result in you being
fined up to $10,000 and/or serving time in jail.
Protect yourself by following HUD reporting
requirements. When completing applications and
reexaminations, you must include all sources of
income you or any member of your household
receives.
If you have any questions on whether money received
should be counted as income or how your rent is
determined, ask your PHA. When changes occur in
your household income, contact your PHA
immediately to determine if this will affect your rental
assistance.

What do I do if the EIV information is
incorrect?
Sometimes the source of EIV information may make
an error when submitting or reporting information about
you. If you do not agree with the EIV information, let
your PHA know.
If necessary, your PHA will contact the source of the
information directly to verify disputed income
information. Below are the procedures you and the
PHA should follow regarding incorrect EIV information.

Debts owed to PHAs and termination information
reported in EIV originates from the PHA who provided
you assistance in the past. If you dispute this
information, contact your former PHA directly in writing
to dispute this information and provide any
documentation that supports your dispute. If the PHA
determines that the disputed information is incorrect,
the PHA will update or delete the record from EIV.

Employment and wage information reported in EIV
originates from the employer. If you dispute this
information, contact the employer in writing to dispute
and request correction of the disputed employment
and/or wage information. Provide your PHA with a
copy of the letter that you sent to the employer. If you
are unable to get the employer to correct the
information, you should contact the SWA for
assistance.

Unemployment benefit information reported in EIV
originates from the SWA. If you dispute this
information, contact the SWA in writing to dispute and
request correction of the disputed unemployment
benefit information. Provide your PHA with a copy of
the letter that you sent to the SWA.

Death, SS and SSI benefit information reported in
EIV originates from the SSA. If you dispute this
information, contact the SSA at (800) 772–1213, or
visit their website at: www.socialsecurity.gov. You
may need to visit your local SSA office to have
disputed death information corrected.

Additional Verification. The PHA, with your consent,
may submit a third party verification form to the
provider (or reporter) of your income for completion
and submission to the PHA.
You may also provide the PHA with third party
documents (i.e. pay stubs, benefit award letters, bank
statements, etc.) which you may have in your
possession.

Identity Theft. Unknown EIV information to you can
be a sign of identity theft. Sometimes someone else
may use your SSN, either on purpose or by accident.
So, if you suspect someone is using your SSN, you
should check your Social Security records to ensure
your income is calculated correctly (call SSA at (800)
772-1213); file an identity theft complaint with your
local police department or the Federal Trade
Commission (call FTC at (877) 438-4338, or you may
visit their website at: http://www.ftc.gov). Provide your
PHA with a copy of your identity theft complaint.

Where can I obtain more information on EIV
and the income verification process?
Your PHA can provide you with additional information
on EIV and the income verification process. You may
also read more about EIV and the income verification
process on HUD’s Public and Indian Housing EIV web
pages at: http://www.hud.gov/offices/pih/programs/ph/rhiip/uiv.cfm.

The information in this Guide pertains to
applicants and participants (tenants) of the
following HUD-PIH rental assistance programs:
1. Public Housing (24 CFR 960); and
2. Section 8 Housing Choice Voucher (HCV),
(24 CFR 982); and
3. Section 8 Moderate Rehabilitation (24 CFR
882); and
4. Project-Based Voucher (24 CFR 983)


U.S. Department of Housing and Urban Development Office of Public and Indian Housing DEBTS OWED TO PUBLIC HOUSING AGENCIES AND TERMINATIONS

Paperwork Reduction Notice: Public reporting burden for this collection of information is estimated to average 7 minutes per response. This includes the time for respondents to read the document and certify, and any recordkeeping burden. This information will be used in the processing of a tenancy. Response to this request for information is required to receive benefits. The agency may not collect this information, and you are not required to complete this form, unless it displays
a currently valid OMB control number. The OMB Number is 2577‐0266, and expires 10/31/2019.

NOTICE TO APPLICANTS AND PARTICIPANTS OF THE FOLLOWING HUD RENTAL ASSISTANCE PROGRAMS:
Public Housing (24 CFR 960)
Section 8 Housing Choice Voucher, including the Disaster Housing Assistance Program (24 CFR 982)
Section 8 Moderate Rehabilitation (24 CFR 882)
Project-Based Voucher (24 CFR 983)

The U.S. Department of Housing and Urban Development maintains a national repository of debts owed to Public Housing Agencies (PHAs) or Section 8 landlords and adverse information of former participants who have voluntarily or involuntarily terminated participation in one of the above-listed HUD rental assistance programs. This information is maintained within HUD’s Enterprise Income Verification (EIV) system, which is used by Public Housing Agencies (PHAs) and their management agents to verify employment and income information of program participants, as well as, to reduce administrative and rental assistance payment errors. The EIV system is designed to assist PHAs and HUD in ensuring that families are eligible to participate in HUD rental assistance programs and determining the correct amount of rental assistance a family is eligible for. All PHAs are required to use this system in accordance with HUD regulations at 24 CFR 5.233.

HUD requires PHAs, which administers the above-listed rental housing programs, to report certain information at the conclusion of your participation in a HUD rental assistance program. This notice provides you with information on what information the PHA is required to provide HUD, who will have access to this information, how this information is used and your rights. PHAs are required to provide this notice to all applicants and program participants and you are required to acknowledge receipt of this notice by signing page 2. Each adult household member must sign this form.

What information about you and your tenancy does HUD collect from the PHA?
The following information is collected about each member of your household (family composition): full name, date of birth, and Social Security Number.
The following adverse information is collected once your participation in the housing program has ended, whether you voluntarily or involuntarily move out of an assisted unit:
1. Amount of any balance you owe the PHA or Section 8 landlord (up to $500,000) and explanation for balance owed (i.e. unpaid rent, retroactive rent (due to unreported income and/ or change in family composition) or other charges such as damages, utility charges, etc.); and
2. Whether or not you have entered into a repayment agreement for the amount that you owe the PHA; and
3. Whether or not you have defaulted on a repayment agreement; and
4. Whether or not the PHA has obtained a judgment against you; and
5. Whether or not you have filed for bankruptcy; and
6. The negative reason(s) for your end of participation or any negative status (i.e., abandoned unit, fraud, lease
violations, criminal activity, etc.) as of the end of participation date.
Who will have access to the information collected?
This information will be available to HUD employees, PHA employees, and contractors of HUD and PHAs.

How will this information be used?
PHAs will have access to this information during the time of application for rental assistance and reexamination of family income and composition for existing participants. PHAs will be able to access this information to determine a family’s suitability for initial or continued rental assistance, and avoid providing limited Federal housing assistance to
families who have previously been unable to comply with HUD program requirements. If the reported information is accurate, a PHA may terminate your current rental assistance and deny your future request for HUD rental assistance, subject to PHA policy.

How long is the debt owed and termination information maintained in EIV?
Debt owed and termination information will be maintained in EIV for a period of up to ten (10) years from the end of participation date or such other period consistent with State Law.

What are my rights?
In accordance with the Federal Privacy Act of 1974, as amended (5 USC 552a) and HUD regulations pertaining to its implementation of the Federal Privacy Act of 1974 (24 CFR Part 16), you have the following rights:
1. To have access to your records maintained by HUD, subject to 24 CFR Part 16.
2. To have an administrative review of HUD’s initial denial of your request to have access to your records maintained by HUD.
3. To have incorrect information in your record corrected upon written request.
4. To file an appeal request of an initial adverse determination on correction or amendment of record request within 30 calendar days after the issuance of the written denial.
5. To have your record disclosed to a third party upon receipt of your written and signed request.

What do I do if I dispute the debt or termination information reported about me?
If you disagree with the reported information, you should contact in writing the PHA who has reported this information about you. The PHA’s name, address, and telephone numbers are listed on the Debts Owed and Termination Report.
You have a right to request and obtain a copy of this report from the PHA. Inform the PHA why you dispute the information and provide any documentation that supports your dispute. HUD's record retention policies at 24 CFR Part 908 and 24 CFR Part 982 provide that the PHA may destroy your records three years from the date your participation in the program ends. To ensure the availability of your records, disputes of the original debt or termination information must be made within three years from the end of participation date; otherwise the debt and termination information will be presumed correct. Only the PHA who reported the adverse information about you can delete or correct your record.
Your filing of bankruptcy will not result in the removal of debt owed or termination information from HUD’s EIV system. However, if you have included this debt in your bankruptcy filing and/or this debt has been discharged by the bankruptcy court, your record will be updated to include the bankruptcy indicator, when you provide the PHA with documentation of your bankruptcy status.
The PHA will notify you in writing of its action regarding your dispute within 30 days of receiving your written dispute.
If the PHA determines that the disputed information is incorrect, the PHA will update or delete the record. If the PHA determines that the disputed information is correct, the PHA will provide an explanation as to why the information is correct.

This Notice was provided by the below-listed PHA:
Community Development Corporation of LI
2100 Middle Country Road
Centereach, New York 11720


Notification: Watch Out for Lead-Based Paint Poisoning

Sources of Lead-Based Paint

The interiors of older homes end apartments often have layers of lead­ based point on the walls, ceilings, window sills, doors and door frames.

Lead-based paint and primers may also have been used on outside porches, railings, garages, fire escapes and lamp posts. When the paint chips, flakes or peels off there may be real danger for babies and young children. Children may eat paint chips or chew on painted railings, window sills or other items when parents are not around.

Children can also ingest lead even if they do not specifcally  eat paint chips. For example, when children play in an area where there are loose point chips or dust particles containing lead, they may get particles on their hands, put their hands into their mouths, a dangerous amount of lead.


Hazards or Lead-Based Paint

Lead poisoning is dangerous - especially to children under the age of seven (7). It can eventually cause mental retardation, blindness and even death.

Symptoms of Lend- Based Paint Poisoning

Ha your child been especially cranky or irritable? ls he or she eating normally? Does your child have stomach aches and vomiting? Does he or she complain about headaches? Is your child unwilling to play? These may be signs of lead poisoning;. Many times though, there are no symptoms at all. Because there are no symptoms does not mean that you should not be concerned If you believe your child has been exposed to lead-based paint.


Advisability and Availability of Blood Lead Level Screening

If you suspect that your child has eaten chips of paint or someone told you this, you should take your child to the doctor or clinic for testing. If the test shows that your child has an elevated blood lead level, treatment is available. Contact   your doctor or local health department for help or more Information. Lead screening and treatment are available through the Medicaid Program for those who are eligible. !f your child is identified as having an elevated blood lead level, you should immediately notify the Community Development or other agency to which you or your landlord is applying for rehabilitation assistance so the necessary steps can be taken to test your unit for lead-based paint hazards. If your unit does have lead-based paint. you may be eligible for assistance to abate that hazard.

Precautions to Take to Prevent Lead - Based Point Poisoning

You can avoid lead -based paint poisoning by performing some preventive maintenance. Look at the walls. ceilings, doors, door frames and window sills. Are there places where the paint is peeling, flaking, chipping, or powdering? If so, there are some things you can do Immediately to protect your child:

Cover all furniture and appliances;

Dust containing lead can be a health hazard . Do not vacuun loose paint. Sweep and damp mop ; Sweep up all loose pieces of paint and plaster and put them in a bag or wrap them in a newspaper. Put these packages in a trash can. Do not burn them.


Do not leave paint chips on the floor or window sills. Damp mop floors and window sills in and around thwork area  to remove all dust and paint  particles. Keeping these areas clear of paint chips, dust and dirt is easy and very important, and;

Do not allow loose paint to remain within your children's

reach since children may pick loose paint off the lower part of the walls.



Homeowner Maintenance and Treatment of Lead-Based Paint Hazards


As a homeowner, you should take the necessary steps to keep your home in good shape. Water leaks. from faulty plumbing, defective roofs and exterior holes or breaks may admit rain and dampness into the interior of your home. These conditions damage walls and ceilings and cause paint to peel, crack or flakeThese conditions should be corrected immediately. Before repainting, all surfaces that are peeling, cracking, chipping, or loose should be thoroughly cleaned by scraping or brushing the loose paint form the surface then repainted with two (2) coats of non-leaded paint. Instead of scraping and repainting, the surface may be covered with other material such as wallboard, gypsum, or paneling.

 

Beware that when lead-based paint is removed by scraping or sanding, a dust cloud is created which may be hazardous. The dust can enter the body either by breathing it or swallowing it. The use of heat or paint removers could create a vapor or fume which may poisoning if inhaled over a long period of time. Whenever possible, the removal of lead-based paint should take place when there are no children or pregnant persons on the premises. Simply painting over the defective lead-based paint surfaces does not eliminate the hazard. Remember that you as an adult play a major role in the prevention of lead poisoning. Your actions and awareness about the lead problem can make a big difference.

Tenant and Homebuyer Responslbllities

You should immediately notify the management office or agency through which you are purchasing your home if the unit has flaking, chipping, powdering, or peeling paint, water leaks from plumbing, or a defective roof. You should cooperate with that office's efforts to repair the unit.



To all Tenants and Applicants

 

The Violence Against Women Act (VAWA) provides protections for victims of domestic

violence, dating violence, sexual assault, or stalking. VAWA protections are not only available to women, but are available equally to all individuals regard less of sex, gender identity, or sexual orientation. 2 The U.S. Department of Housing and Urban Development (HUD) is the Federal agency that oversees that the Housing Choice Voucher Program is in compliance with VAWA.

This notice explains your rights under VA WA. A HUD- approved certification form is attached to this notice. You can fill out this form to show that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your rights under VAWA. "

 

Protections for Applicants

 

If you otherwise qualify for assistance un der the Housing Choice Voucher Program, you can not be denied admission or denied assistance because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.



CERTIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, AND ALTERNATE DOCUMENTATION


U.S. Department of Housing and Urban Development


0MB   Approval No. 2577-0286

Exp 06/30/20 I 7



Purpose of Form: The Violence Against Women Act ("YAWA")  protects applicants,  tenants, and program participants in certain HUD programs from being evict ed, denied housing assistance,  or terminated from housing assistance  based on acts of domestiviolence, dating violence, sexual assault, or stalking against them. Despite the name of this law, VA WA protection is available t victims of domestic violence, elating violence, sexual assault, and stalking, regard less of sex, gender identity, or sexual orientation.

Use of This Optional Form: If you are seeking VAWA protections  from your  housinprovider, your housing provider may give you a written request that asks you to submit documentation  about the incident or incidents of domestic viole nce, dating violence, sexual assault, or stalking.

 

In response to this request, you or someone on your behalf may complete this optional form and submit it to your housing provider, or you may submit one of the following types of third-party documentation:

 

( I ) A document signed by you and an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, or a mental health professional (collectively, " professional") from whom you have sought assistance relating to domestic violence, elating violence, sexual assault, or stalking, or the effects of abuse. The document must specify, under penalty of perjury, that the

professional believes the incident or incidents of domestic violence, elating violence , sexual assault, or

sta lking occurred and meet the definition o f " domestic violence ," " elating violence," "sexual assault," or "stalking" in HU D's regulations at 24 CFR 5 .2003.

(2)  A record of a Federal, State, tribal, territorial or loc al law enforcement agency, court, or admi nistrat ive agency; or

(3)  At the discretion of the housing provider, a statement or other evidence provided by the applicant or ten ant.

 

Submission of Documentation: The time period to submit documentation i14 business days from  the elate that you receive a ·written request  from your housing provider asking that you provide  documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housing provider may, but is not required to, extend the time period to submit the documentation, if you request an extension of the time period. If  the requested information is not received within 14 business clays of when you received the request for the documentation, or any extension of the date provided by your housing provider, your housing provider does not need to grant you any of the VAWA protections. Distribution or issuance of this form does not serve as a written request for certification.

 

Confidentiality: All information provided to your housing provider concerning the incident(s) of

domestic violence, elating violence, sexual assault, or stalking s hall be kept confidential and such details

shall not be entered into any shared database. Employees of your housing provider are not to havaccess to these detailunless  to grant or deny VAWA protections  to you, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is : (i) consented to by you in writi ng in a time- limited release; (ii) required for use in an evict io n proceeding or hear ing

regarding termination of assistance; or (iii ) otherwise required by applicable law.

 

 

 

 

Form l l UD -538:2



Protections for Tenants

 

 

If you are receiving assistance under the Community Development Corporation's ("CDCLI") Housing Choice Voucher Program, you may not be denied assistance, terminated from participation, or be evicted from your rental housing because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.

Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, dating violence, sexual assault, or stalking by a member of your household or any guest, you may not be denied rental assistance or occupancy rights under the Housing Choice Voucher Program solely on the basis of criminal activity directly relating to that domestic violence, dating violence, sexual assault, or stalking.

 

Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom you stand in the place of a parent or guardian (for example, the affiliated individual is in your care, custody, or control); or any individual, tenant, or lawful occupant living in your household.


Removing the Abuser or Perpetrator from the Household

 

CDCLI may divide (bifurcate) your lease in order to evict the individual or terminate the assistance of the individual who has engaged in criminal activity (the abuser or perpetrator) directly relating to domestic violence, dating violence, sexual assault, or stalking.

 

If CDCLI chooses to remove the abuser or perpetrator, CDCLI may not take away the rights of eligible tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to have established eligibility for assistance under the program, CDCLI must allow the tenant who is or has been a victim and other household members to



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remain in the unit for a period of time, in order to establish eligibility under the program or under another HUD housing program covered by VAWA, or, find alternative housing.

In removing the abuser or perpetrator from the household, CDCLI must follow Federal, State,

 

and local eviction procedures. In order to divide a lease, CDCLI may, but is not required to, ask you for documentation or certification of the incidences of domestic violence, dating violence, sexual assault, or stalking.

 

Moving to Another Unit

 

Upon your request, CDCLI may permit you to move to another unit, subject to the availability of other units, and still keep your assistance. In order to approve a request, CDCLI may ask you to provide documentation that you are requesting to move because of an incidence of domestic

violence, dating violence, sexual assault, or stalking. If the request is a request for emergency transfer, the housing provider may ask you to submit a written request or fill out a form where you certify that you meet the criteria for an emergency transfer under VA WA. Th e criteria are:

(1)   You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation, as described in the documentation section below.

(2)  You expressly request the emergency transfer. Your housing provider may

 

choose to require that you submit a form, or may accept another written or oral request.

(3)   You reasonably believe you are threatened with imminent harm from

 

                  further violence if you remain in your current unit. This means you have a


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reason to fear that if you do not receive a transfer you would suffer violence in the very near future.

OR

 

You are a victim of sexual assault  and  thassault  occurred  on  the  premises during the  90-calendar-day  period  before  you  request  a  transfer.  Iyoara victim of sexual assault, then in addition to qualif yi ng for an emergency transfe r because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90-calendar­ day period before you expressly request the transfer.

 

 

CDCLI will keep confidential requests for emergency transfers by victims of domestic violence , dating violence, sexual assault, or stalking, and the location of any move by such victims and their families.

CDC LI' s emergency transfe r plan provides further information on emergency transfers, and CDCLI must make a copy of its emergency transfer plan ava ilable to you if you ask to see it.

 

Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual Assault or Stalking

CDCLI can, but is not required to, ask you to provide documentation to "ce rtify" that you are or have been a victim of domestic violence, dating violence , sexual assault, or stalking. Such request from CDCLI must be in writing, and CDCLI must give you at least 14 business days (Saturdays, Sundays, and Federal holidays do not count) from the day you receive the request to



Page 23

provide the documentation. CDCLI, but does not have to, extend the deadline for the submission of documentation upon your request.

You can provide one of the following to CDCLI as documentation. It is your choice which of the following to submit if CDCLl asks you to provide documentation that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.

        A complete H UD-approved certification form given to you by CDCLI with this notice, that documents an incident of domestic violence, dating violence, sexual assault, or

stalking. The form will ask for your name, the date, time, and location of the incident of domestic violence , dating violence , sexual assault, or stalking, and a description of the

incident. The certification form provides for including the name of the abuser or perpetrator if the name of the abuse r or perpetrator is known and is safe to provide.

        A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency that documents the incident of domestic violence, dat ing violence, sexual assault, or stalking. Examples of such records in clude police reports, protective orders, and restraining orders, among others.

        A statement, which you must sign, along with the signature of an employee, agent, or volunteer of a victim service provider, an attorney, a medic al professional or a mental health professional (collectively, " professional" ) fro m whom you sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse, and with the professional selected by you attesting under penalty of perjury that he or she believes that the incident or incidents of domestic violence, dating violence, sexual assault, or stalking are grounds for protection.

        Any other statement or evidence tha t CDCLI has agreed to accept.



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If you fail or refuse to provide one of these documents within the 14 business days, CDCLI does not have to provide you with the protections contained in this notice.

If CDC LI receives confl icting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed (such as certification forms from two or more members of a household each claiming to be a victim and naming one or more of the o ther

petitioning household members as the abuser or perpetrator) , CDCLI has the right to request that you provide third-party documentation within thirty 30 calendar days in order to resolve the

confl ict. I f you fail or refuse to provide third-party documentation where there is conflicting evidence, CDCLI does not have to provide you with the protec tions contain ed in this notice .

 

Confidentiality

 

CDCLI must keep confidential any in format ion you provide related to the exercise of your rights under VAWA , including the fact that you are exercising your rights under VAWA.

 

CDCLI must not allow any individual administering assistance or other services on behalf of CDCLI ( for example, employees and contractors) to have access to confidential information unless for reasons that specific all y call for these individuals to have access to this information under applicable Federal, State, or local law.

 

CDCLI must not enter your information into any shared data base or disclose your information to any other entity or individual. CDCLI, however, may disclose the information provided if:

         You give written permission to CDC LI to release the information on a time limited basis .

 

        CDCLl needs to use the information in an eviction or termination proceeding, such as to evict your abuser or perpetrator or terminate your abuser or perpetrator from assistance under this program.



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        A law requires CDCLI or your landlord to release the information.

 

VAWA does not limit CDCLI's duty to honor court orders about access to or control of the property. This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up.

 

Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or Assistance May Be Terminated

You can be evicted and your assistance can be terminated for serious or repeated lease violations that are not related to domestic violence, dating violence, sexual assault, or stalking committed against you. However, CDCLI cannot hold tenants who have been victims of domestic violence, dating violence, sexual assault, or stalking to a more demanding set of rules than it applies to tenants who have not been victims of domestic violence, dating violence, sexual assault, or stalking.

The protections described in this notice might not apply, and you could be evicted and your assistance terminated, if CDC LI can demonstrate that not evicting you or terminating your assistance would present a real physical danger that:

l) Would occur within an immediate time frame, and

 

2) Could result in death or serious bodily harm to other tenants or those who work on the property.

If CDCLI can demonstrate the above, CDCLI should only terminate your assistance or evict you if there are no other actions that could be taken to reduce or eliminate the threat.

 

Other Laws

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. You may be entitled to



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additional housing protection s for victims of domestic violence , dating violence, sexual assault, or stalking under other Federal laws, as well as under State and local laws.


Non-Compliance with The Requirements of This Notice

You may report a covered housing provider's violations of these rights and seek additional assistance, if needed, by contacting or filing a complaint with HUD's field office:

New York Regional Office

Jacob K. Javits Federal Building 26 Federal Plaza

Suite 3541

New YorkNY  I 0278-0068

 

 

For Additional  Information

 

You may view a copy of HUD's fin al VA WA rule at Hu d.gov. Additionally, CDCLI must make a copy of HUD's VAWA regulations available to you if you ask to see them. For questions

regarding VAWA, please contact your Housing Specialist at CDCLI. For help regarding an abusive relationship, you may ca ll the National Domestic Violence Hotline at 1- 8 00-799-7233 or, for persons with hearing impairments, 1 -800-787-3224 (TTY). You may also contact NYS Domestic and Sexual Assault hotline at 1- 800-942-6906 or WomansLaw.org. For tenants who are or have been vic tims of stalking seeking he l p may visit the National Center for Victims of Crime's Stalking Resource Cente r at http s://www.victimsofcri me.o rg/our-prog rams/stalking-resource-cent e r.

For help regarding sexual assault, you may contact http:// www. nsvrc.org. Victims of stalking seeking help may contact http://www.victimsofcrime.or

Attachment: Certification form HUD-5382



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Community Development Corporation of Long Island, Model Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual  Assault, or Stalking

 

 

Emergency Transfers

 

Community Development Corporation  of Long  Island ("CDCLI")  is concerned  about the safety of its tenants, and such concern extends to tenants who are victims of domestic violence, dating violence, sexual assault, or stalking. In accordance with the Violence Against Women Act (VAWA),1 CDCLI allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer  from  the  tenant's  current  unit  to another unit. The ability to request a transfer is available regardless of sex, gender identity, or sexual orientation.2  The ability of CDCLI  to honor such  request for tenants currently  receiving assistance, however, may depend  upon  a preliminary determination  that the tenant  is or has been a victim of domestic violence, dating violence, sexual  assault,  or stalking,  and  on  whether CDCLI has another dwelling unit that is available and is safe to offer the tenant for temporary or more permanent occupancy.

 

This plan identifies tenants who are eligible for an emergency transfer, the documentation needed to request an emergency transfer, confidentiality protections, how an emergency transfer may occur, and guidance to tenants on safety and security. This plan is based on a model









1 Despite the name of this law, VAWA protection is available to all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.

2 Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national

origin, religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status.



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emergency transfer plan published by the U.S. Department of Housing and Urban Development (HUD), the Federal agency that oversees that Housing Choice Voucher Program is in compliance with VAWA.

 

Eligibility for Emergency Transfers

 

A tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking, as provided in HUD's regulations at 24 CFR part 5, subpart L is eligible for an emergency transfer, if: the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant remains within the same unit. If the tenant is a victim of sexual assault, the tenant may also be eligible to transfer if the sexual assault occurred on the premises within the 90-calendar­ day period preceding a request for an emergency transfer.

A tenant requesting an emergency transfer must expressly request the transfer in accordance  with the procedures described in this plan.

Tenants who are not in good standing may still request an emergency transfer if they meet the eligibility requirements in this section.

 

Emergency Transfer Request Documentation

 

To request an emergency transfer, the tenant shall notify CDCLI's management office and submit a written request for a transfer to their Housing Specialist. CDCLI will provide reasonable accommodations to this policy for individuals with disabilities. The tenant's written request for an emergency transfer should include either:

1.     A statement expressing that the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant were to remain in the same dwelling unit assisted under CDCLI's program; OR



Page 29

2.    A statement that the tenant was a sexual assault victim and that the sexual assault occurred on the premises during the 90-calendar-day period preceding the tenant's request for an emergency transfer.

 

Confidentiality

 

CDCLI will keep confidential any information that the tenant submits in requesting an emergency transfer, and information about the emergency transfer, unless the tenant gives

CDC LI written permission to release the information on a time limited basis, or disclosure of the information is required by law or required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program. This includes keeping confidential the new location of the dwelling unit of the tenant, if one is provided, from the person(s) that committed an act(s) of domestic violence, dating violence, sexual assault, or stalking against the tenant. See the Notice of Occupancy Rights under the Violence Against Women Act For All Tenants for more information about CDCLI's responsibility to maintain the confidentiality of information related to incidents of domestic violence, dating violence, sexual assault, or stalking.

 

Emergency Transfer Timing and Availability

 

CDCLI cannot guarantee that a transfer request will be approved or how long  it will  take to process a transfer request. CDCLI will, however,  act as quickly  as possible  to  move a  tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking to another unit, subject to availability and safety of a unit. If a tenant reasonably believes a proposed  transfer would not be safe, the tenant may request a transfer to a different unit. If a unit is available, the transferred tenant must agree to abide by the terms and conditions that govern occupancy  in the unit to which the tenant has been transferred. CDCLI may be unable to transfer a tenant to a particular unit if the tenant has not or cannot establish eligibility for that unit.



Page 30

If CDCLI has no safe and available units for which a tenant who needs an emergency is eligible, CDCLI will assist the tenant in identifying other housing providers who may have safe and available units to which the tenant could move. At the tenant's request, CDCLI will also assist tenants in contacting the local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking that are attached to this plan.

 

Safety and Security of Tenants

 

Pending processing of the transfer and the actual transfer, if it is approved and occurs, the tenant is urged to take all reasonable precautions to be safe.

Tenants who are or have been victims of domestic violence are encouraged to contact the National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter, for assistance in creating a safety plan. For persons with hearing impairments, that hotline can be accessed by calling l-800-787-3224 (TTY).

Tenants who have been victims of sexual assault may call the Rape, Abuse & Incest National Network's National Sexual Assault Hotline at 800-656-HOPE, or visit the online hotline at https://ohl.rainn.org/online/.

Tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime's Stalking Resource Center at https://www.victimsofcrime.org/our­ programs/stalking-resource-center.



Attachment:
Local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking.


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EMERGENCY TRANSFER REQUEST FOR CERTAIN VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING


U.S. Department of Housing and Urban Development


Purpose of Form: If you are a victim of domestic violence, dating violence, sexual assault, or stalking, and you are seeking an emergency transfer, you may use this form to request an emergency transfer and certify that you meet the requirements of eligibility for an emergency transfer under the Violence Against Women Act (VAWA). Although the statutory name references women, VAWA rights and protections apply to all victims of domestic violence, dating violence, sexual assault or stalking. Using this form does not necessarily mean that you will receive an emergency transfer.  See your housing provider's emergency transfer plan for more information about the availability of emergency transfers.

The requirements you must meet are:

 

(1)  You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation. In response, you may submit Form HUD-5382, or any one of the other types of documentation listed on that Form.

 

(2)  You expressly request the emergency transfer. Submission of this form confirms that you have expressly requested a transfer. Your housing provider may choose to require that you submit this form, or may accept another written or oral request. Please see your housing provider's emergency transfer plan for more details.

 

(3)   You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future.

 

OR

 

You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim  of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90-calendar-day period before you submit this form or otherwise expressly request the transfer.

 

Submission of Documentation: If you have third-party documentation that demonstrates why you are eligible for an emergency transfer, you should submit that documentation to your housing provider if it is safe for you to do so. Examples of third party documentation include, but are not limited to: a letter or other documentation from a victim service provider, social worker, legal assistance provider, pastoral counselor, mental health provider, or other professional from whom you have sought assistance; a current restraining order; a recent court order or other court records; a law enforcement report or records; communication records from the perpetrator of the violence or family members or friends of the perpetrator of the violence, including emails, voicemails, text messages, and social media posts.



Domestic Violence Victims Requesting Transfer

Confidentiality Notice Request Transfer - DV






Family Members on Lease




Address of Unit From Which Victim is Seeking Transfer 





Victim Address or Phone Number (to contact)






Please disclose the name of the accused perpetrator, if you can safely do so.




Date, Time and Location of Attack


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CHAPTER16

INFORMAL REVIEWS AND HEARINGS

 

16.1        CHAPTER OVERVIEW

 

Families seeking admission to or already participating in the housing choice voucher program have the right to receive an informal review or hearing in most circumstances in which a PHA makes a decision affecting their eligibility or amount of assistance. The purpose of an informal review or hearing is to resolve applicant or participant disputes with the PHA without legal action and to correct PHA errors that might have occurred in the decision-making process.

 

With the exception of decisions related to restrictions on non-citizens, an informal review is for program applicants and an informal hearing is for program participants. Decisions related to restrictions on assistance to non-citizens always require an informal hearing regardless of whether the family is an applicant or a participant.

 

16.2        NOTICE OF RIGHTS

 

Certain PHA actions or decisions require an offer of informal review or hearing. Following these actions or decisions, a PHA must give an applicant or participant prompt written notice of the family's right to ask for an informal review or an informal hearing to determine whether the PHA's decision is in accordance with the law, HUD regulations, and PHA policies. The notice must contain the following information:

 

A brief statement of reasons for the decision;

 

A statement that if the family does not agree with the decision, the family may request an informal review or informal hearing; and

 

        The deadline for the family to submit its request.

 

Upon receiving the family's request the PHA must proceed with the informal review or informal hearing in a reasonably expeditious manner.

 

The PHA has latitude in establishing reasonable timeframes for families to request a review or hearing.

 

16.3         CIRCUMSTANCES WHICH REQUIRE THE OFFER OF AN INFORMAL REVIEW OR HEARING

 

PHAs are not required to conduct an informal review or informal hearing to reconsider every PHA action or decision.

 

An informal review is not required for decisions concerning: Determination of unit size under the PHA 's subsidy standards;



Page 37

Determination that a unit does not meet or comply with housing quality standards; Denial of a request to extend or suspend a voucher term;

General policy issues or class grievances;

 

Discretionary administrative determinations by the PHA; and A PHA refusal to grant approval of the tenancy.

In all other circumstances, a PHA must give a program applicant an opportunity for an informal review of a decision when the applicant requests it.

 

An informal hearing is not required for the following:

 

Determination that a unit does not comply with housing quality standards; Refusal to extend or suspend a voucher term;

Discretionary administrative determinations by the PHA; General policy issues or class grievances;

How the PHA established its utility allowance schedule; PHA refusal to approve a unit or tenancy;

Determination that a unit does not meet housing quality standards due to family size or change in composition; and

 

A determination to exercise or not to exercise any rights or remedy against the owner.

 

PHA decisions regarding the following determinations require that a program participant be given an opportunity for an informal hearing:

 

Determination of the family's annual or adjusted income; Calculation of total tenant payment;

Determination of appropriate utility allowance from the PHA's utility allowance schedule; Termination of assistance;

Detennination of unit size for participants under the PHA's subsidy standards; and Denial of a hardship exemption to the minimum rent requirement;



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Hearings to Consider a Determination of Ineligible Immigration Status

 

Whenever the PHA makes a determination of ineligible immigration status, the PHA must offer an applicant or participant family the opportunity to request an informal hearing. A family may request an informal hearing within 30 days of receipt of the ineligibility determination from the

U.S. Immigration and Naturalization Service (INS), or the PHA's decision to delay, terminate, or deny assistance.

 

The PHA must keep all denial or termination of assistance documents related to immigration status for a minimum of five years. These include any applications for initial or continued assistance.

 

With good cause, PHAs may extend the period to request an informal hearing related to immigration status.

 

16.4       TIMING OF INFORMAL HEARINGS

 

In cases where the PHA decides to terminate or reduce a family's assistance, the PHA must send a notice which explains the reason for the decision and provides the family the opportunity to request an informal hearing prior to the PHA's terminating or reducing assistance.

A PHA may implement the following changes prior to an informal hearing: Changes in total tenant payment or family share;

Denial of a new voucher for a family that wants to move; or

Unit size determinations for a family that wants to move.

 

16.5        INFORMAL REVIEW OR HEARING PROCESS

 

A PHA's administrative plan must clearly state the procedures for conducting informal reviews for applicants and informal hearings for participants. In addition, the PHA's briefing packet, provided to all voucher holders, must include a description of the procedures for requesting informal reviews and informal hearings.

 

Informal Review Process

 

Any person or persons designated by the PHA may conduct an informal review, other than the person or a subordinate of that person who made or approved the decision under review.

 

The program applicant must be given an opportunity to present written or oral objections to the PHA decision.

 

The PHA must notify the applicant of its final decision after the informal review, including a brief written statement of the reasons for the final decision.


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Informal Hearing Process

 

An informal hearing is conducted by a hearing officer or officers appointed as described in the PHA administrative plan. The hearing officer may be any person or persons designated by the PHA, with the exception of the person or a subordinate of the person who made or approved the decision under review. The person who conducts the hearing may regulate the conduct of the hearing according to the procedures described in the PHA administrative plan.

 

 

APPROACHES TO SELECTING AND APPOINTING HEARING OFFICERS

 

Many PHAs appoint PHA staff members to serve as hearing officers. The staff members selected for the role vary significantly from one PHA to another. In some PHAs, the hearing officer is a staff member who has the same title but serves on a separate functional team as the person who made the decision under review.

 

In other PHAs, the hearing officer may be a staff member in another department. A staff member in another department may have the ability to be more impartial in reviewing decisions made by PHA staff.

 

Some PHAs appoint hearing officers from outside the PHA. Civic-minded individuals from the wider community may be willing to serve as hearing officers, especially if the term is limited. Often attorneys offer to serve although the role does not require any legal knowledge. When hearing officers from outside the PHA are used, it is important to ensure they know the rules and PHA policy related to decisions under dispute and are informed of the limits to decisions that can be made in an informal hearing.

 

Some PHAs use panels of hearing officers for infonnal hearings. In some cases, the panel consists of a mix of housing choice voucher program participants, staff members and outside, impartial representatives. A PHA commissioner may serve as the chairperson of the informal hearing panel. Coordination of a panel may be more difficult. It generally works best if hearings are held according to a regular schedule-once a month or every other week.  The advantage to a panel  may be that it provides both impartiality and knowledge of program requirements.

 

 

 

Before the hearing the family must be given the opportunity to examine any PHA documents directly relevant to the hearing. The family must be allowed to copy any such documents at the family's expense. If the family requests a relevant document and the PHA does not make it available, the PHA may not rely on the document at the hearing.

 

Similarly, the PHA administrative plan may require that the PHA be given the opportunity to examine, at the PHA offices, any family documents that are directly relevant to the hearing. The PHA must be allowed to copy these relevant documents at its expense. If the family does not make such documents available after receiving the PHA's request, the family may not rely on the documents at the hearing.



Domestic Violence Victims Incident

To be completed by or on behalf of the victim of domestic violence, dating violence, sexual assault or stalking.







Family Members on Lease




Please disclose the name of the accused perpetrator, if you can safely do so.




Date, Time and Location of Attack




Participant Public Burden - DV