The Art of Developing Policies A Look At Requirements, Trends & Challenges

The Art of Developing Policies Tenant Selection Plans House Rules Pet Rules Reasonable Accommodation/Modification Assistance Animal Rules VAWA Policies

Looking at Current Policies Resident Selection Plans House Rules Pet/Assistance Animal Rules

Fair Housing Policies Reasonable Accommodation/Modification ◦ Fair Housing ◦ Section 504 VAWA Policies ◦ VAWA 2005 ◦ VAWA Reauthorization of 2013

The Process Evaluate Current Policies Identify Challenges Address Challenges ◦ HUD Rules ◦ Fair Housing Considerations

THE RESIDENT SELECTION PLAN

Required Topics Project eligibility requirements: ◦ Project-specific requirements ◦ Citizenship requirements ◦ Social security number requirements Income limits Procedures for accepting applications and selecting from the waiting list: ◦ Procedures for accepting applications and pre-applications ◦ Procedures for applying preferences (including income-targeting in Section 8 properties) ◦ Applicant screening criteria ◦ Required drug-related or criminal activity criteria; ◦ Other allowable screening criteria; and ◦ Procedures for rejecting ineligible applicants Occupancy standards Unit transfer policies, including selection of in-place residents versus applicants from the waiting list when vacancies occur Policies to comply with Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act and other relevant civil rights laws and statutes Policy for opening and closing the waiting list for the property Eligibility of students VAWA (Change 4 – Section 8 only)

Recommended Topics Applicant notification and opportunity to supplement information already provided Procedures for identifying applicant needs for the features of accessible units or reasonable accommodations Updating the waiting list Policy for notifying applicants and potential applicants of changes in the tenant selection plan Procedures for assigning units with originally constructed design features for persons with physical disabilities Charges for facilities and services Security deposit requirements Unit inspections Annual recertification requirements Interim recertification reporting policies Implementation of House Rule changes

Change 4 – Paragraph 4-4 *VAWA protections (applicable to the Section 8 program only). The plan, as well as House Rules where applicable, must include policies and procedures covering the VAWA protections. Owner policies must support or assist victims of domestic violence, dating violence or stalking and protect victims, as well as members of their family, from being denied housing or from losing their HUD assisted housing as a consequence of domestic violence, dating violence or stalking.

VAWA Reauthorization of 2013 The Violence Against Women Reauthorization Act of 2013 is not discussed in Change 4. Be aware that changes to requirements ◦ Are coming and ◦ Will affect many assisted housing programs

HUD Queries Question: We recognize that HUD needed to issue Change 4. That being said, when do you anticipate incorporating in the changes required by VAWA 2013? Do you anticipate this being accomplished by notice? Answer: There will be a notice published on VAWA It is expected that Change 5 to the handbook will include any requirements published in this VAWA 2013 notice. Question: When do you anticipate Change 5 coming out? Answer: We do not have an anticipated date at this time

Current Status??? As of this writing, no notice has been issued Strongly suggest that owner/agents add language to tenant selection plans for non- Section 8 programs (PRAC, 236, Tax Credits, etc.) Language will be slightly different than the Section 8 language

Other Topics Business Relationship Smoking Policies Pets Misrepresentation Right to Refusal

Let’s Take a Look at a Sample Tenant Selection Plan

HOUSE RULES

Requirements HUD has few Guidance Provided in HH R1, C4, Paragraph 6-9 State Laws General Considerations

Topics Alcohol Marijuana Criminal Behavior Guns Guests Entries Extended Absence Pests Community Rooms Home Based Business Parking Lots Etc.

Special Consideration Scooter Policies Oxygen Policies Tenant Organizations Removal of Contents in the Case of Death Adding a new household member when notice to move has been given (cheating) Lease Violations VAWA 2013

Let’s Take a Look at a Sample Set of House Rules

PET/ASSISTANCE ANIMAL POLICIES

Can I Do That? Pet Rules Assistance Animal Rules Must follow HUD Guidance Must give notice to residents Think of your challenges Keep them separate Address ◦ Local animal ordinances ◦ Health concerns ◦ Safety concerns Ensure peaceful enjoyment by other residents

HUD Policies HUD Handbook , R1, C4 ◦ Paragraph 2-44 Assistance Animals as a Reasonable Accommodation ◦ Paragraph 6-10 – Pet Rules ◦ Paragraph 6-20 – Pet Deposits ◦ Exhibit 6-4: Mandatory and Discretionary Pet Rules ◦ Exhibit 6-5: How to Develop Pet Rules [24 CFR 5.353] 24 CFR Part 5 Pet Ownership for the Elderly and Persons With Disabilities; Final Rule

Pet Policies Size/Breed Limits Deposits Animal Types Registration Removal of Pets

Let’s Take a Look at a Sample Set of Pet Rules

Assistance Animals Service animals Therapy animals Support animals ADA Rules Rules covering housing programs ◦ Scope is much broader

Assistance Animal Rules You need to have them They are NOT the same as Pet Rules Do not reference them in the same manner

Reasonable Accom/Mod Policy Should have policy Should define timelines Should be provided to applicants & residents 504 Coordinator should be familiar Should have supporting docs ◦ Rejection ◦ Approval ◦ Request for additional info ◦ Request for meeting ◦ Verification

Let’s Take a Look at a Sample Reasonable Accommodation & Modification Policy

VAWA Section 8 VAWA 2005 ◦ Application ◦ Rejection ◦ Termination ◦ Leasing ◦ Verification ◦ Preference Non-Section 8 & Section 8 VAWA 2013 ◦ Application ◦ Rejection ◦ Termination ◦ Leasing ◦ Verification ◦ Preference ◦ Emergency Transfer ◦ Eligibility of a Remaining Family Member

CHANGING RULES

Tenant Selection Plan Do not need approval Do not need to notify residents Must notify applicants if ◦ Changes significantly ◦ Adds or removes preferences

House Rules Do not require approval Must notify everyone whose lease ends in 60 days – 30 days to ◦ Accept ◦ Give Notice to Move Cannot Change House Rules until lease ends (Paragraph 6-12) Entire copy maintained in resident file

Pet Rules Do not require HUD approval Must notify resident when you plan to change Must provide opportunity for comment Must notify everyone whose lease ends in 60 days – 30 days to ◦ Accept ◦ Give Notice to Move Cannot Change House Rules until lease ends (Paragraph 6-12) All residents must accept Pet Rules/House Rules Entire copy maintained in resident file

Assistance Animal Rules Do not combine with Pet Rules Do not require HUD approval Must notify everyone who ◦ Has an assistance animal ◦ Lease ends in 60 days – 30 days to  Accept  Give Notice to Move Cannot Change Rules until lease ends (Paragraph 6-12) Entire copy maintained in resident file

Summary Something to think about Clearly document expectations Consistently apply policy