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MINUTES OF REGULAR MEETING OF THE HOUSING AUTHORITY
OF THE CITY OF FAYETTEVILLE, ARKANSAS
The Housing Authority of the City of Fayetteville, Arkansas met in Regular
Session at 8:30 o'clock A.M. Wednesday February 18, 1987, -in -the office of
the Authority, #1 North School, Fayetteville, Arkansas.
Clarence Fries, Chairman called the meeting to order.
Upon roll call, the following members were present:
Commissioners Present:
Commissioners Absent:
Others Present:
Fries, Hudspeth, Richardson, Windham
Morgan
Bromo Wilson, Toady Edwards
The minutes of the January 28, 1987 Regular Meeting were approved by
seconded and carried unanimously.
The January Financial Statement was approved by motion, seconded and
unanimously.
motion
carried
RESOLUTION APPROVING TRAVEL TO SPRING NAHRO MEETING APRIL 15 - 17, 1987, AT
NORTH LITTLE ROCK. Resolution No. 438, the resolution was approved by motion
seconded and carried unanimously.
RESOLUTION APPROVING THE UPDATE OF STATEMENT OF POLICIES GOVERNING ADMISSION
TO AND CONTINUED OCCUPANCY OF THE LOW RENT PUBLIC HOUSING PROJECTS ARK. 97-1 & 2.
Resolution No. 439, the resolution was approved by motion seconded and carried
unanimously.
There being no further business, the meeting was adjourned.
ATTEST:
SECRETARY
THE HOUSING AUTHORITY OF THE
CITY OF FAYETTEVILLE, ARKANSAS
CHAIRMAN
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RESOLUTION NO. 438
RESOLUTION APPROVING TRAVEL TO ARKANSAS CHAPTER NAHRO SPRING MEETING
APRIL 15 - 17, 1987, AT NORTH LITTLE ROCK
WHERE AS, the Spring Meeting of Arkansas Chapter Nahro will be held in North
Little Rock, Arkansas April 15-17, 1987 and,
WHERE AS, there will be programs and discussions concerning Public Housing and
Section 8 Housing that would benefit the local agency;
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE HOUSING AUTHORITY OF
OF THE CITY OF FAYETTEVILLE, ARKANSAS, that travel expenses for personnel
designated by the Executive Director be paid to this meeting in
accordance with the Agency's policy.
PASSED AND APPROVED THIS 18th DAY OF February
ATTEST:
SECRETARY
1987.
THE HOUSING AUTHORITY OF THE CITY
OF FAYETTEVILLE, ARKANSAS
aTh
CHAIRMAN
RESOLUTION NO. 439
RESOLUTION APPROVING THE UPDATE OF STATEMENT OF
POLICIES GOVERNING ADMISSION TO AND CONTINUED OCCUPANCY
OF THE LOW RENT PUBLIC HOUSING PROJECTS ARK, 97 - 1 $ 2..
WHEREAS, the Fayetteville Housing Authority has to :update their statement of
policies governing admission to and continued occupancy of the low
rent public housing projects from time to time
NOW THEREFORE BE IT RESOLVED BY THE•FAYETTEVILLE HOUSING AUTHORITY BOARD OF
COMMISSIONERS THAT ; The attached statement of policies updated February of
1987 be adopted,
PASSED AND APPROVED THIS 18th DAY OF February , 1987.
COMMISSIONER
ATTEST:
SECRETARY
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STA
IP
OF POLICIES GOVERNING ADMISSION 7C) AND
CONTINUED OCCUPANCY OF THE
IOW -RENT HOUSING PROJECTS
OPERATED BY
Update 2-87
THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVIILE, ARKANSAS
SECTION I. SELECTION OF TENANTS
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A. Nondiscrimination
1. The Housing Authority shall not discriminate because of race,
color, creed or national origin in the leasing, rental, or
other disposition of housing or related facilities (including
land) included in any project or projects under its jurisdiction
covered by a contract for annual contributions under the United
States Housing Act of 1937, or in the use or occupancy thereof.
The Public Housing Authority shall not, on account of race, color,
creed, national origin, sex, or religion, deny to any family the
ppportunity to apply for such housing, nor deny to any eligible
applicant the opportunity to lease or rent any dwelling in any
such housing suitable to its needs.
Public Housing Authority records with respect to applications for
admission to any low -rent housing assisted under the United States
Housing Act of 1937 shall indicate as to each application the date
and time of receipt; the determination of the Local Authority as to
eligibility or non -eligibility of the applicant; where'eligible, the
size unit for which eligible; the preference rating, the date, location,
identification, and circumstances of each vacancy offered, accepted
or rejected.
B. Broad Range of Income
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I. In order to achieve socially and financially sound low income
housing projects, the Housing Authority will select families
for housing whose incomes are representative of the broad
range of income of the families living within the Housing Authority's
area of operation, and who have sufficient rent paying ability in
order, to the extent possible. to achieve and maintain the social
and financial stability of the project. The occupancy goals as
shown attached hereto and made a part of this policy are established
for this Housing Authority as criteria for tenant selection.. .
STANDARDS FOR TENANT SELECTION
1. Applicant must have or produce evidence of satisfactory credit or
personal references, and'proof of prompt rent payment history from
at least one current or former landlord, if such is available. The
Housing Authority may take into cinsideration that failure to pay
rent may have resulted from an onerous rent burden.
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2• In order to avoid concentration of families with serious social
problems, the PHA will not admit applicants whose habits and
practices, as verified, reasonably may be expected to have a
detrimental effect on the tenants or project environment. Their
conduct in present or prior housing must have been such as would
not be likely to interfere withother tenants in such a manner as
to diminish their enjoyment of the premises by adversely affecting
their health, safety, or welfare, or the physical environment or the
financial stability of the project.
31 Applicant must not have an adverse record of disturbance of neighbors,
• destruction of property, or housekeeping habits at prior residences which
may adversely affect the health, safety, or welfare of other tenants.
d 1 Applicant must have no history of criminal activity involving crimes
1 of physical violence or other criminal acts which would. adversely affect
the health, safety, or welfare of 'other tenants.
_5The applicant shall furnish positive proof of family status, birth
certificates, marriage license, name, address, and telephone number
of all references of previous landlords and places of employment.
All information given by the applicant on his/her application must
be true and accurate to the beat of;hle/her knowledge. If if le
deearmliud aid vuelfied LIiuL the agillcont hues given rulou lulurmat lui
to the PHA with regard to determining eligibility, it will be grounds
for declaring the applicant ineligibile.
7R• In the event the PHA receives unfavorable information with respect
to any of the above standards with respect to any applicant, consider—
ation will be given to the time, nature, and extent of applicant's conduct
and any factors which might indicate reasonable probability of favorable
future conductor financial prospects, such as evidence of rehabilitation
(at least 6 months) or counseling service programs, if available. and the
family's willingness to attempt to increase income. All information will
be verified by interview, home visits, telephone, or letter and documented
by date, source of information, name and title of person contacted, and
resume' of information received.
0. Elid_1bi1.ky, foe AdnllouluA
. There are to be eligible for admission only those applicants:
1. who qualify as a family. (two separate families may not share
the same apartment). For the purpose of determining eligibility,
a family 18 defined as (1) Two or more persons sharing residency
whose income and resources are available to meet the family's needs
and who are related, either by blood, marriage, or adoption (2) an
Elderly Family as defined in this policy (3) the remaining member of
a tenant family, and (4) a Displaced Person. No single Person may
be admitted without prior HUD authorization as provided in 24CFR 812.3.
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A person determined to be essential ;to the care or well-being of
an elderly, disabled or handicapped family is not to be considered
part of the family and the income of such person is not to be counted
for the purpose,of determining eligibility or rent. Such person will
not be a party to the Lease and will not be considered the remaining
member of a tenant family in the event the Lessee dies or vacates the
dwelling.
2. whose Annual Income as defined in Section IV(A) does not exceed the
approved Income Limits.
3. who meet the Standards for Tenant Selection specified in Section I C
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E. Order. of Preference
Among eligible applicants, the following order of preference will be applied
in selecting tenants for admission to units of suitable size:
1, Families residing within the Washington County, Applicants who live
outside of Washington County, but who are working or have been notified
that they are hired to work in Washington County shall be considered as
residents of Washington County,
Families whose income level conforms to the Authority's needs to meet
the Broad Range of Income Goals. This preference shall not permit
maintenance of vacancies to await higher income tenants where lower
income tenants are available.
3. Families whose applications were received at the earliest date and time.
Processing Applications for Admission
1. A written application signed by head of family or spouse will be obtained
from each family seeking admission to the project..
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As a condition of admission to any assisted unit under the Public
Housing Program, the PHA shall require the family head and other such
Family members as it designates to execute a HUD -approved release and
consent authorizing any depository or private source of income, or any
Federal, State or local agency, to furnish or release to the PHA and to
HUD such information as the PHA or HUD determines to be necessary. The
Family shall also submit directly documentation ..... . determined to be
necessary. Information or documentation shall be determined to be necessary
if it is required for purpose of determining or auditing a Family's eligibility
to receive housing assistiance, for determining the Family's Adjusted Income or
Tenant Rent, for verifying related information, or for monitoring compliance
with equal opportunity requirements.
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2. All information relative to net family income, net assets, preference
rating, and selection standard will be verified and all verified
findings will be documented and recorded in the tenant folder.
Such documentation may include reports of interviews, letters, or
telephone conversations with reliable sources. As a minimum, such
reports shall indicate the date, the source of the information, including
the name and•title of the individual contacted, and a resume of the
information received.
Suggested sources of information: Sources of,k•information may include,
but are not limited to, the applicant (by means of interviews or home
visits), landlords, employers, family social workers, parole officers,
court records, drug treatment centers, clinics, physicians or police
departments where warranted by the particular circumstances.
3. Verified information will, be analyzed and a determination will be made
with respect to the following:
a. Eligibility of applicant um a family.
b. Eligibility of applicant with respect to income limits for admission.
c. Eligibility of applicant with respect to Tenant Selection Standards.
d. Size of unit required for the family.
e. Rent which the family should pay.
f. Preference Category to which the family belongs.
4. As a part of the application record the Executive Director or the
Occupancy Clerk will certify to the actions taken and determination
made in the space provided on the application form.
Notification:
a. The PHA shall promptly notify any applicant determined to be
ineligible for admission to a projectof the basis for such determination
and shall provide the applicant upon request, within a reasonable time after
the determination is made,.with an opportunity for an informal hearing
on such determination.'
b. When a determination has been made that an applicant is eligible
and satisfies all requirements for admission including the tenant
selection criteria, the applicant shall be notified of the approximate
date of occupancy insofar as that date can be reasonably determined.
5. The eligible applicant must accept or refuse the vacancy offered in
accordance with the adopted Methods of Administration.
G. Unit Size Required
The following standards will determine the number of bedrooms to accomodate
a family of a given size. and composition, except that such standards shall
be waived when necessary to achieve and maintain full occupancy.
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No. of No. of persons
Bedrooms Minimum Maximum
0 1 1
1 1 2
2 2 4
3 4 6
4 6 8
The age, sex, and relationship of family memgers will be taken into
consideration in assignments. The maximum number may be exceeded to permit
an infant to share a bedroom with parents.
2. An unborn child will not be counted as a person.
3. . Dwelling units will be so assigned that:
a. Two or more parsons may occupy same bedroom.
b. Children under 1 years of age may occupy same bedroom with parent(s).
c. Other than husband and wife, persons of opposite sex over•l years
of age will not occupy the same bedroom.
d. For reasons of health (old age, disability, etc.) separate
bedroom may be provided for such individual family member as
verified. A doctor's statement will be taken into consideration,
when offered.
e. Living room will not regularly be used as a bedroom.
H. Leasing of Duelling Units
1. A Lease agreement shall be signed by the head of family and spouse,
if applicable, as a tenant and the Executive Director of the PHA
prior to actual admission.
2. If a tenant transfers within the project, a new lease will be executed
for the dwelling into which the family is to move.
3. If, at any time during the life of the lease agreement, a change in the
tenant's statue results in the need of changing or amending any provision
of the lease, either,
a. A new lease agreement will be executed, or
b. an appropriate rider will be prepared and made a part of the existing
lease, or appropriate insertions will be made within the instrument.
All copies of such riders or insertions are to be dated and signed
or initialed by the tenant and by the Executive Director.
4. New tenants must furnish evidence of utility deposit, where applicable,
in their name before lease agreement will be signed,
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I. SECURITY DEPOSITS
1. The minimum amount of security deposit required of any family shall
be as follows:
Minimum for regular Families $50.00. Minimum'for elderly families $25.00
SECTION II . ELIGIBILITY FOR CONTINUED OCCUPANCY AND PERIODIC REEXAMINATIONS
The eligibility of a family to remain in occupancy as a result of a
reexamination or an interim redetermination is based upon the family's
income. If the family's income is in excess of the income limit for
admission, the PHA should determine whether the family is a family of
low income in accordance with the standards and criteria for continued
occupancy in CFR 860.2 as shown in Handbook 7465.1 Rev.
Periodic Reexaminations •
The incomes of all families is to be reexamined at least once every
12 months and upon determination of adjusted income for the ensuing
year, the rent shall be adjusted accordingly.
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1. Scheduling of Reexaminations
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Tenants will be reexamined at least once every 12 months on the
anniversary date established by their first reexamination.
2. Special Reexaminations
When it is not possible to estimate adjusted income with any
reasonable degree of accuracy at time of admission or regular
reexamination, a temporary determination will be made with
respect to income and rent and a special reexamination will be
scheduled. Such special reexaminations will be scheduled 60, 90,
or 120 days, depending upon the family's circumstances. The
tenant will be notified in advance and in writing as to the date
of the special reexamination.
3. Reexamination Procedure
a. At the time of reexamination, the head of, family and
other such family members as the PHA designates shall
execute a HUD -approved release and consent authorizing
any depository or private source of income, or any Federal,
State or local agency, to furnish or release to the PHA and
HUD such information as the PHA or HUD determines to be necessary.
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.The family shall also submit directly documentation determined to be necessary.
Information or documentation shell bo determined to bo neconenry if it is required
for purposes of determining or auditing n Vnmily'a eligibility to receive housing
nssintanen , fnr determining the I'nmily'a Adlunted Salome or Tenant Bent. fat verifying
related information, or for monitoring compliance with equaluppurtunliy requirements.
b. At the time of reexamination, the head of family' or spouse will be required to sign
'an application for continued occupancy.
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c. - Employment and income data will be verified, and all verified findings will be
documented and placed in the tenant's folder. "5
Verified information will be analyzed and a determination will be made with respect
to the following:
1. Eligibility of tenant as a familyor the remaining member of a tenant family.
2. Size of unit required for family
�, )iPllf w111Ph fha family ahnuld pay
Adjusted income will be computed in accordance with the definitions and procedures
set forth in Section V of this policy.
4. Action Following Reexamination
a. If there is any change in the rant, the lease will be amended or a new lease
will be executed.
If any change in the size of unit occupied is indicated, provisions of the
Transfer Policy stated herein shall be followed.
c. As a part of the record of each.family reexamined, the Occupancy Clerk will
certify to the determinations in the space provided on the application for
continued occupancy.
S. Transfer Policy
a. If a change in the size of unit occupied is indicated following reexamination,
tenant will be required to move to a unit of appropriate size in accordance with
the PHA unit size standards in Section In, and a new lease will be executed. If
an appropriate size unit is not available, tenant will be placedon a transfer list,
and will move.to such unit when one is available. Transfers to other dwelling
units will be made without regard to race, sex, color, religion. or,national
origin.
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b. Transfers may take priority over applicants on the waiting list.
c. Transfer to an appropriate size unit 0011 he rsautred upon notification of the
,PHA, giving tenant a reasonable time in which to move.
d. Families shall not be reimhutsed for nut -of -pocket expenses in connection with
transfers.
e. Trnnsfers to same size unit as presently assigned at request of tenant solely
for convenience will not be made. The Executive Director may allow transfers
at tenant request only for physical disabilities as verified.
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Charges for renovation needed to place the vacated unit in condition for
re -renting will be assessed upon move -out.
,Before a tenant is transferred, the Occupancy Clerk will be responsible
to see that all charges on the existing apartment are paid or payment
schedule signed, and have confirmation in writing that the tenant has
transferred the electrical and gas meter deposit.
SECTION III. ESTABLISHING RENTS BETWEEN ADMISSION AND FIRST REEXAMINATION AND
BETWEEN SCHEDULED REEXAMINATIONS.
A. .Fixed Rent System
There shall be no adjustments in rent between scheduled reexaminations or
between admission and first reexamination unless:
1. Tenant can show a change in his/her circumstances (such as decline in income)
which would jusrtfy a radnction in rent or such other circumstances as would
create a hardship situation. 'Hardship" is defined as a decline in income
to the point that the Total Tenant Payment calculated in accordance with
SectionlV(D), is reduced at least $5.00. If verification of decreases in
income cannot be made promptly, the reduced rent may be put into effect on
a provisional basis, subject to verification.
2. Tenant commences to receive public assistance or his/her pulic assistance
is terminated. Such a change must be reported to Management within ten
(10) days of its occurrence.
3. It is found that tenant has misrepresented to Management the facts upon
which his/her rent is based or fails to report an increase in family
income to Management, so that the rent he/she is paying is less than should
have been charged. If this is found, then the increase in rent may be
made retroactive.
Complete justification in such cases will be presented in writing to the Executive
Director for approval before any such action is taken. A tenant who has been granted
a reduction in rent under this provision shall be required to report monthly on
his/her situation until time for the regularly scheduled reexamination. If Adjusted
Income increases during this time, the rent will be increased accordingly. A fully
documented record of the circumstances and decisions shall be included in the tenant's
folder by the Occupancy Clerk.
SECTION IV DEFINITIONS AND PROCEDURES TO BE USED IN 'DETERMINING INCOME FOR RENT
A. Annual Income
Annual Income is the anticipated total income from all sources received by
the Family head and spouse (even if temporarily absent) and by each additional
member of the Family, including all net income derived from assets, for the
12 month period following the effective date of initial determination or
reexamination of income, exclusive of income that is temporary, nonrecurring
or sporadic) or certain other types of income defined in this section.
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Income includes, but is not limited to:
1. The full amount, before any payroll deductions, of wages and
salaries, overtime pay, commissions , fees, tips and bonuses,
and other compensation for personal services.
The net income from operation of a business or profession (for
this purpose, expenditures for business expansion or amortiza-
tion of capital indebtedness and allowance for depreciation
of capital assets shall not be deducted to determinf. the net
income from a business);
3. Interest, dividends, and other net income of any kind from real
or personal property (for this purpose, expenditures for amortization
of capital indebtedness and allowance for depreciation of capital
assets shall not be deducted to determine the net income from real
or personal property). Where the Family has Net Family Assets in
excess of $5,000, Annual Income shall include the greater of the
actual income derived from all Net Family Assets or a percentage of
the value of such Assets based on the current passbook savings rate
as determined by HUD;
4. The full amount of periodic payments received from aoclul security,
annuities, insurance policies, retirement funds, pensions, disability
or death benefits and other similar types of periodic receipts,
including a lump -sum payment for the delayed start of a periodic payment;
5• Payments in lieu of earnings, such as unemployment and disability
compensation, workers's compensation and severence pay;
6. Welfare Assistance. If the Welfare Assistance payment includes an
amount specifically designated for shelter and utilities that is
subject to adjustment by the Welfare Assistance agency in accordance
with the actual cost of shelter and utilities, the amount of Welfare
Assistance income to be included as income shall consist of:
The amount of the allowance or grant exclusive of the amount
specifically designated for shelter or utilities, plus
The maximum amount that the Welfare Assistance agency could
in fact allow the Family for shelter and utilities. If the
Family's Welfare Assistance is ratably reduced from the standard
of need by applying a percentage, the amount calculated under
this paragraph shall be the amount resulting from one application
of the percentage;
7. Periodic and determinable allowances, such as alimony
payments, and regular contributions or gifts received
residing in the dwelling; contributions or gifts such
automobile, gifts of food, clothing, utility payments
on household appliances, etc.
and child support
from persons not
as, the use of an
, and payments or rent
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8. All regular pay, special pay and allowances of a member of the Armed
Forces (whether or not living in the dwelling) who is head of the
Family, spouse, or other person whose dependents are residing in the
unit; and
9. Any earned income tax credit to the extent it exceeds income tax
liability. '
8. The following is not considered 'income:
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Temporary, nonrecurring or sporadic income. Temporary, nonrecurring
• or sporadic income includes the following income:
a. Casual, sporadic or irregular gifts;
b. Amounts that are specifically for or
cost of Medical Expenses;
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c. Lump -sum additions to Family assets, such
payments (including payments under health
worker's compensation), capital gains and
property or property losses;
d. Amounts of educational scholarship paid directly to the student
or to the educational institution, and amounts paid by the Government
to a veteran, for use in meeting the costs of tuition, fees, books and
equipment. Any amounts of such scholarships, or payments to veterans,
not used for the above purposes that are available for subsistence are
to be included in income; and
in reimbursement of
the
as inheritances, insurance
and accident insurance and
settlement for personal or
e. The hazardous duty pay to a Family member in the Armed Forces away
from home and exposed to hostile fire.
f. Income does not include:
(1) Income from employment of children (including foster children)
under the age of 18 years;
Payments received for the care of foster children.
Amounts specifically excluded by any other Federal statute
from consideration as income for purposes of determining
eligibility or benefits under category of assistance
programs that includes assisitance under the 1937 Act. The
following types of income are subject to such exclusion:
(i) Relocation payments made under title II of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4621-4638);
(ii) The value of the allotment provided to an eligible house-
hold for coupons under the Food Stamp Act of 1977 (7
U.S.C. 2011-2029);
(iii) Payments to volunteers under'.the Domestic Volunteer Service
Act of 1973 (42 U.S.C. 4951-4993);
(iv) Payments received under the Alaska Native Claims Settlement
Act (43 U.S.C. 1626 (a));
(v) Income derived from certain submarginal land of the United
States that is held in trust for certain Indian tribes (25
U.S.C. 459e);
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(vi) Payments or allowances made under the Department of Health
and Human•Services' Low -Income Energy Assistance Program
(42 U.S.C. 8621-8629);
(vii) Payments received from the Job Training Partnership Act
(29 U.S.C. 1552(b));
(viii) Income derived from the disposition of funds of the Grand
River Band Of Ottawa Indians' (Pub. L. 94-540, 90 Stat.
2503-2504; and
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(ix) The first $2,000.00 of per capita shares received from
judgement funds awarded by the Indian Claims Commission
or the Court of Claims (25 U.S.C. 1407-1408), or from
funds held in trust for an Indian Tribe by the Secretary of
Interior (25 U.S.C. 117).
g. If it is not feasible to anticipate n level of income over a 12 -month
period, the income anticipated for n aborter period mny he nnnual.Lzed,
subject to a redetermination at the end of the shorter period.
C. ADJUSTED INCOME
Adjusted Income: Annual Income less the following:
a. $480.00 for each Dependent,
b. $400 for any Elderly Family,
c. Medical Expense in excess of three percent of
Annual Income for any Elderly Family, and
dy Child Care Expenses.
et Handjcaiped Asst, EXpense
Child Care Expenses:
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Amounts anticipated to be paid by the Family for the care of children under
13 years of age. during the period for which Annual Income is computed, but
only where such care is necessary to enable a Family member to be gainfully
employed or to further his or her education. The amount deducted shall
reflect reasonable charges for child care, and, in the case of child care
necessary to permit employment, the amount deducted shall not exceed the
amount of income received from such employment. No person in the family
shall be entitled to more than one exemption..
D. Computation of Total Tenant Payment
1. Total tenant payment for families whose initial lease is effective on
or after August 1, 1982. Total Tenant Payment shall be the highest
of the following rounded to t)ie nearest dollar:
(a) 30 percent of Monthly Adjusted Income;
(b) 10 percent of Monthly income; or
2. Total tenant payment for families whose initial lease was effective
before August 1, 1982. Total Tenant Payment shall be calculated in
accordance with paragraph 1 of this section except that instead of 30
percent, the percentage applied to Monthly Adjusted Income shall be in
accord with the following table:
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Percent Applied
Effective Date of Reexamination to Family Income
August 1, 1982 - September 30, 1982 26
October 1, 1982 - September 30, 1983 27
October 1, 1983 - September 30, 1984 28
October 1, 1984 - September 30, 1985 29
October 1, 1985 and after 30
The Tenant Rent charged is subject to the following conditions:
(a) Tenant Rent shall not be increased by/pore than 10 percent
during any 12 -month period as a result of applying paragraph
2 above „however, Total Tenant Payment may be increased by more
than 10 percent during any 12 month period to the extent that the
portion of such increase above 10 percent is attributed solely
to increases in income not caused by redefining which governmental
benefits are required to or may be considered as income.
E. Definition of Terms Used in This Statement of Policies
1. Annual Income Annual Income means total Family income as defined in this
section.
2. Disabled Person Disabled person means a person who is under a disability as
defined in Section 223 of the Social Security Act or in Section 102(5) of the
Developmental Disabilities Services and Facilities Construction Amendments of 1970
or is handicapped as defined in this section.
Section 223 of the Social Security Act defines disability as:
(A) inability to engage in any substantial gainful activity by reason
of any medically determinable physical or mental impairment which
can be expected to result in death or which has lasted or can be
expected to last for a continuous period of not less than 12 months;
or
(B) in the case of an individual who has attained the age of 55 and is blind
(within the meaning of "blindness" as defined in Section 415(f) (1) of this
title), inability by reason of such blindess to engage in substantial
gainful activity requiring skills or abilities comparable to those of
any gainful activity in which he has previously engaged with some
regularity and over a substantial period of time.
Section 102(5) of the Developmental Disabilities Services and Facilities
Amendments of 1970 defines disability as:
* * * a disability attributable to mental retardation, cerebal palsy,
epilepsy, or another neurological condition of an individual found
by the Secretary (of Health and Human Services) to be closely related
to mental retardation or to require individuals, which disability
originates before such individual attains age eighteen, which has
continued or can be expected to continue indefinitely, and which
constitutes a substantial handicap to such individual.
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3. Displaced Family Displaced family means a person pr a
family displaced by governmental action, or whose dwelling
has been extensively damaged or destroyed as a result of
a disaster declared or otherwise formally recognized pur-
suant to Federal disaster relief laws.
4. Elderly Family Elderly family means a family whose head
or spouse or whose sole member is at least sixty-two years
of age, or disabled as defined in this section, and may in-
clude two or more elderly, disabled or handicapped persons
living together, or one or more such persons living with
another person who is determined to be essential to his or
her care and well being.
5. Family The term family is defined as (1) Two or more persons
sharing residency whose income and resources are available to
meet the family's needs and who are related either by blood,
marriage, or adoption (2) an Elderly Family or Single Person
as defined in this part; (3) the remaining member of a tenant
family, and (4) a Displaced Person.
6. Full-time Student Full-time student means a person who is
carrying a subject load which is considered, full-time for day
students under the standards and practices of the educational
institution attended. An educational institution includes a
vocational school with a diploma or certificate program, as well
as an institution offering a college degree. A full-time
student's status must be verified in writing by the educational
institution and copy put in tenant file.
7. Handicapped Person Handicapped person means a person having
an impairment which (1) is expected to be of long -continued and
indefinite duration, (2) substantially impedes his ability to
live independently, and (3) is of such a nature that such
disability could be improved by more suitable housing conditions.
8. Head of household Head of the household means the family member
who is held responsible and accountable for the family.
9. Lower Income Family A Family whose Annual Income does not exceed
80 percent of the median income for the area, as dh.termined by
HUD with adjustments for smaller and larger families. HUD may
establish income limits higher or lower than 80 percent of the
median income for the area on the basis of its finding that such
variations are necessary because of the prevailing levels of
construction costs or unusually high or low family incomes.
10. Medical Expenses Those medical expenses, including medical
insurance premiums, that are anticipated during the period for
which Annual Income is computed, and that are not covered by
insurance.
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II Hehtlidelt A np.nd,nr r.1 ih" IttiflO'ht'l rl Invrluillnp fnghnt
eh11dr'uu) uUwr Llan LIIc Family Ruud ur upuuue, who lu undue
18 years of age or is a Disabled Person or Handicapped Person,
or is a Full-time student.
12. Net Family Assets Value of equity in real property, savings,
stocks, bonds, and other forms of captial investment, excluding
intonate in Indian trust land and ai'rcluding equity accounts
in HUD homeownership programs. The value of necessary items
of personal property such as furniture and automobiles shall be
excluded. (In cases where a trust fund has been established
and the trust is not revocable by, or under the control of,
any member of the Family or household, the value of the trust
fund will not be considered an asset so long as the fund continues
to be held in trust. Any income distributed from the trust fund
shall be counted when determining Annual Income.) In determining
Net Family Masts, I'IIAa shall Include the value id any aaeete
disposed of by an applicant or tenant fur lees than fair market
value (including a disposition in trust, but not In a foreclosure
or bankruptcy sale) during the two years preceding the date of
application for the program or reexamination, as applicable,
in excess of the consideration received therefor. In case of a
disposition as part of a separation or divorce settlement, the
disposition will not be considered to be for less than fair
market value if the applicant or tenant received Important
consideration not measurable in dollar terms.
13. Rent Rent means Total Tenant Payment as defined in this section.
14. Spouse
Spouse means the husband or wife of the Bead of household.
15. Total Tenant Payment Total Tenant Payment means the monthly
Fnnlrncl runt plus Ih„I'IIA'S ust,lvuito of Iha roll: to 'the tonnnt
of reasonable. quantities of utilities determined iii uccurdunce
with'the PHAts schedule of allawance& for -such utilities, where such
utilities are purchased by the tenant and not included in the rent.
16. Tenant Rent Tenant rent means the rent charged a tenant for the
use of the dwelling accommodation and equipment (such as ranges
and refrigerators but not including furniture), services, and
reasonable amounts of utilities determined in accordance with the
PHA's Schedule of Allowances for Utilities supplied by the
project. Tenant Rent does not include charges for utility
consumption in excess of the PIIA's Schedule of Allowances for
Utility Consumption, or other miscellaneous charges.
17. Utilities Utilities means water, electricity, gas, other
heating, refrigeration and cooking fuels, garbage and trash
removal and eawarege aerv1ce. Ta1ephone service Is not included
as a utility.
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18. Utility Allowance If the cost of utilities (except telephone)
and other housing services for an assisted unit is not included
in the Tenant Rent but is the responsibility of the family
'occupying the unit, an amount equal to the estimate made or
approved by a PHA or HUD, of the monthly cost. of a reasonable
consumption of such utilities and other services for the
unit by an energy -conservative household of modest circumstances
consistent with the requirements of Annie, sanitary, and
healthful living environment.
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19. Very Low-income Family A Lower Income Family whose Annual Income
does not exceed 50 percent of the median income for the area, as
determined by HUD, with adjustments for smaller or larger
families. HUD may establish income limits higher or lower than
50 percent of the median income for the area on the basis of its
finding that such variations are necessary because of unusually
high or low family incomes.
20. Remaining Member of a Tenant Family A person who is considered
as a member of the family on the most recent certification.
21 Welfare Assistance Welfare or other payments to families or
individuals based on need. that are made under programs funded,
separately or jointly, by Federal, State or local governments.
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