§ 4-10Eligibility.
§ 4-11Applicant screening.
§ 4-12Determination of qualification for admission.
§ 4-13Occupancy by police officers.
It is the WHA's policy to admit only qualified applicants, meaning those who are eligible and able to meet the applicant selection standards. An applicant is qualified if he or she meets all of the following criteria: family definition; HUD requirements on citizenship/eligible immigrant criteria; income eligibility that does not exceed low-income limits; documentation of social security numbers; and the applicant selection and screening criteria.
Family definition. A family is a person or group of people related by blood, marriage, adoption, affinity, or operation of law that lives together in a family relationship. It includes but is not limited to:
A family with or without children (the temporary absence of a child from the home due to placement in foster care shall not be considered in determining family composition and size).
An elderly family: a family whose head, spouse, or sole member is a person at least 62 years of age. It may include two or more persons who are at least 62 years of age living together or one or more persons who are at least 62 years of age living with one or more live-in aides.
A near-elderly family: a family whose head, spouse, or sole member is a person who is at least 50 years of age but below the age of 62; or two or more persons who are at least 50 years of age but below the age of 62 living together; or one or more persons who are at least 50 years of age but below the age of 62 living with one or more live-in aides.
A disabled family: a family whose head, spouse, or sole member is a person with disabilities. It may include two or more persons with disabilities living together or one or more persons with disabilities living with one or more live-in aides.
A displaced family: a family in which each member or whose sole member is a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to federal disaster relief laws.
The remaining member of a tenant family.
A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a tenant family.
Foster children may be considered part of a family unit for admission to or continued occupancy of public housing, provided that, upon application for admission to public housing or upon application by a resident for a larger unit, the foster parent(s) seeking housing has been granted a license by the Department of Children, Youth and Families permitting that person to act as a child-care provider/foster parent, pursuant to R.I.G.L. § 42-72.1-4.
Citizenship/eligible immigrant status. Per 24 CFR 5.500, a family shall not be eligible for assistance unless every member of the family residing in the unit is determined to have eligible status, with the following exceptions:
Income eligibility.
Annual income at the time of admission cannot exceed the low-income limits established by HUD for the WHA's jurisdiction. "Low income" is defined as 80% of the area median income.
Annual income is the anticipated total income from all sources, including net income derived from assets received by the family head, spouse (even if temporarily absent), co-head of household (even if temporarily absent), and each additional family member. It includes all net income from assets and excludes income that is temporary, nonrecurring, sporadic, or specifically excluded from income by other federal statute.
Income limits apply only at admission and are not applicable for continued occupancy. Income limits do not apply to families transferring within the WHA's public housing program. However, a family may not be admitted to the WHA's public housing program from another assisted housing program (e.g., Housing Choice Voucher Program) or from another public housing authority's public housing program without meeting the WHA's income requirements.
Social security numbers. Documentation of social security numbers (SSN) is required for all persons residing in the household irrespective of age or familial status, including live-in aides. An individual may self-certify that he/she does not have a social security number. If a member of the household does not have a social security number, WHA will apply to HUD for an alternate ID number which will be used in lieu of the SSN until an SSN can be obtained.
All applicants shall be screened in accordance with HUD regulations and sound management practices. Recent behavior of applicants will be evaluated to determine whether such behavior could reasonably be expected to result in noncompliance with the WHA lease. The WHA examination of relevant information regarding past and current habits or practices will include, but is not limited to, an assessment of: ability and willingness to comply with the terms of the WHA lease; past performance in meeting financial obligations, especially rent and utility bills (e.g., credit check); record of disturbance of neighbors, destruction of property, or living or housekeeping habits that may adversely affect the health, safety, or welfare of other tenants or neighbors (e.g., rental history check); history of criminal activity on the part of any applicant family member involving crimes of physical violence to persons or property or other criminal acts, including drug-related criminal activity that would adversely affect the health, safety, or welfare of other residents or staff or cause damage to the unit or development; record of eviction from housing or involuntary termination from residential programs (taking into account date and circumstances); fraud in connection with any federal housing assistance program, including intentional misrepresentation of information relating to the application for housing or benefits derived therefrom; and it may also include a home visit(s). Any costs incurred to complete the application process and screening will by paid by the WHA.
Ability and willingness to comply with lease.
During screening, the WHA will require applicants to demonstrate their ability to comply with the essential provisions of the lease:
To pay rent and other charges (e.g., utility bills) as required by the lease in a timely manner;
To care for and avoid damaging the unit and common areas;
To use facilities and equipment in a reasonable way;
To create no health or safety hazards, and to report maintenance needs;
Not to interfere with the rights and peaceful enjoyment of others, and to avoid damaging the property of others;
Not to engage in criminal activity that threatens the health, safety or right to peaceful enjoyment of the premises by other residents or staff, and not to engage in drug-related criminal activity; and
To comply with necessary and reasonable rules and program requirements of HUD and the WHA.
Applicants must be able to demonstrate their ability and willingness to comply with the terms of the WHA lease, either alone or with any assistance they can demonstrate they will have at the time of admission. Availability of assistance is subject to verification by the WHA.
Applicants whose landlord, financial, criminal, and other references demonstrate that they are willing and able to comply with lease terms in their existing housing will be considered to have met this criteria.
Applicants whose housing situations make it difficult for the WHA to determine whether or not they are able and willing to comply with lease terms (e.g., because they are homeless, live with friends or relatives, or have other nontraditional housing circumstances) will have to demonstrate their ability and willingness to comply with lease terms.
Credit check and rental history check. The WHA will complete a credit check and a rental history check on all applicants through national credit reporting agencies such as Transunion or Choicepoint. Applicant screening shall assess the conduct of the applicant and other family members listed on the application, in present and prior housing, up to five years from the date of application. The history of applicant conduct and behavior must demonstrate that the applicant family can reasonably be expected not to:
Interfere with other residents in such a manner as to diminish their peaceful enjoyment of the premises by adversely affecting their health, safety, or welfare;
Adversely affect the physical environment or financial stability of the project;
Violate the terms and conditions of the lease; or
Require services from WHA staff that would alter the fundamental nature of the WHA's program.
Criminal background check.
The WHA will complete a criminal background check on all adult applicants or any member for whom criminal records are available. The applicant family must not have a pattern of controlled substance abuse or of alcohol abuse which interferes with the health, safety, or right to peaceful enjoyment of the premises by the other residents. These activities shall be verified by local, state, or national criminal records and include incident reports, arrests and convictions.
An entire family may be denied admission if an adult member of the family has been convicted of a crime fitting the criteria for disqualification.
To be determined eligible, every (all) family member(s) must not engage in drug-related criminal activity or in violent criminal activity. There cannot be a pattern of controlled substance abuse.
Drug-related activity is defined as the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use a controlled substance.
Violent criminal activity includes any criminal activity that has as one of its elements the use, attempted use, or the threatened use of physical force against the person or property of another.
The applicant is permanently denied housing if any applicant household member has been convicted of manufacturing or producing methamphetamine on the premises (defined as the building or complex, including common areas).
The applicant family must not engage in the abuse of alcohol.
In determining whether to deny admission or continued occupancy based upon a criminal record, the WHA's ultimate goal is to determine if the applicant will be a threat to the health, safety, or right to peaceful enjoyment of the premises of other residents and employees. Consideration of eligibility based upon criminal activity will involve consideration of the nature of the offense, date of the offense, and evidence of rehabilitation.
If the WHA rejects an applicant on the basis of criminal history, the WHA will notify the household of the rejection and, upon request, provide the household member whose criminal history is at issue with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record.
Prior eviction from federally subsidized housing. Persons evicted from public housing, Indian housing, Section 23, or any Section 8 program because of drug-related criminal activity are not eligible for admission to public housing for a period of three years from the date of the eviction.
Home visits. The WHA may complete a home visit on all applicants that have passed criminal history screening and have incomplete or questionable landlord references to determine if the applicant's housekeeping would create health or sanitation problems. Staff completing the home visit will consider whether the conditions they observe are the result of the applicant's treatment of the unit or are caused by the unit's overall substandard condition.
Housekeeping criteria to be checked shall include, but is not limited to:
Cause for rejection of application.
The WHA is neither required nor obligated to assist applicant households who do not meet any one or more of the eligibility criteria or who do not supply required information or documentation during the application process.
The WHA uses the following policies in considering an application for admission.
The WHA is required to reject the application of a household if the WHA determines that:
Any household member is currently engaging in illegal use of a drug;
The WHA has reasonable cause to believe that a household member's illegal use or pattern of illegal use of a drug may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or WHA employees; or
Any member of the household's abuse or pattern of abuse of alcohol may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.
The WHA is required to deny for life the application of a household if the WHA determines that:
Any member of the household is subject to a lifetime registration requirement under a state sex offender registration program; or
Any member of the household has been convicted of manufacturing or producing methamphetamine (speed) in a public housing development or in a Section 8 assisted property.
The WHA shall reject the application of any applicant for three years from the date of eviction if any household member has been evicted from any federally assisted housing for drug-related criminal activity. However, the WHA may admit the household if the WHA determines that:
The evicted household member who engaged in drug-related criminal activity has successfully completed a supervised drug rehabilitation program approved by the WHA; or
The circumstances leading to the eviction no longer exist (for example, the criminal household member has died or is imprisoned).
Payment of funds owed to the WHA or any other housing authority is part of the screening evaluation. The WHA will reject an applicant for unpaid balances owed to any housing authority or federally subsidized housing programs (public housing, Section 8, or any other subsidized housing programs).
An applicant's intentional misrepresentation of information related to eligibility, preference for admission, housing history, allowances, family composition or rent will result in rejection. Unintentional mistakes that do not confer any advantage to the applicant are not considered misrepresentations.
Landlord reports, housekeeping practices, nuisance or disturbance occurrences, and suitability for independent living are part of the screening evaluation.
The WHA will reject an application for households that:
Fail to supply information or documentation required by the application process;
Fail to respond to a written request for information;
Fail to respond to a written request to declare their continued interest in the program;
Have a history of not meeting financial obligations, especially rent;
Do not have the ability to maintain (with assistance) their housing in a decent and safe condition where such habits could adversely affect the health, safety, or welfare of other tenants;
Have a history of disturbing neighbors;
Have a history of destruction of property;
Have committed fraud, bribery, or any other corruption in connection with any federal housing assistance program, including the intentional misrepresentation of information related to their housing application or benefits derived therefrom; or
Have threatened the health, safety, or welfare of other residents, the owner, or WHA employees.
Mitigating circumstances. When negative information is received about an applicant household during the screening process, the WHA will consider the time, nature, and extent of the applicant's conduct and mitigating factors that might indicate a reasonable probability of favorable future conduct.
Mitigating circumstances are facts relating to the applicant's negative rental history or behavior, that, when verified, indicate: the reason for the unsuitable rental history and/or behavior; that the reason for the unsuitable rental history and behavior is no longer in effect or is under control; and the applicant's prospect for lease compliance is acceptable, justifying admission. To be considered, mitigating circumstances must be verifiable. Examples of mitigating circumstances might include evidence of successful rehabilitation (for example, successful completion of a program and evidence of remaining drug-free for nine months), the applicant family's participation in social service or other appropriate counseling service, or successful and sustained modification of previous disqualifying behavior.
Consideration of mitigating circumstances does not guarantee that the applicant will qualify for admission. The WHA will consider such circumstances in light of: the applicant's ability to verify the mitigating circumstances and prospects for improved future behavior; the applicant's overall performance with respect to all the screening requirements; and the nature and seriousness of any criminal activity, especially drug-related criminal activity that appears in the applicant's record.
Applicants known to have a disability that meet the eligibility requirements but fail to meet the selection criteria will be offered an opportunity for a second meeting to determine whether mitigating circumstances or reasonable accommodations will make it possible for the applicant to be housed in accordance with the screening procedures. If the applicant asserts that mitigating circumstances relate to a change in disability, medical condition, or treatment, the WHA shall refer such information to persons qualified to evaluate the evidence and verify the mitigating circumstance. The WHA shall also have the right to request further information to verify the mitigating circumstance, even if such information is of a medically confidential nature. Such inquiries will be limited to the information necessary to verify the mitigating circumstances or, in the case of a person with disabilities, to verify a reasonable accommodation.
In determining whether to deny admission to any household based on a pattern of illegal use of a controlled substance or a pattern of abuse of alcohol by a household member, the WHA will consider whether such household member:
Has successfully completed a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable).
Has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable).
Is participating in a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable).
In determining whether to deny admission or continued occupancy based upon a criminal record, the ultimate goal is to determine if the applicant will be a threat to the health, safety, or right to peaceful enjoyment of the premises of other residents and employees.
Consideration of eligibility based upon criminal activity will necessarily involve the exercise of discretion. The following factors will be considered when exercising that discretion:
Nature and seriousness of the offense.
All crimes involving illegal drugs, violence, the threat of violence, property damage, disturbing the peace, spousal abuse, rape, child molesting, or financial crimes (including welfare fraud and grand theft) are deemed serious. Single convictions for petty theft or driving under the influence of alcohol are not deemed serious. All other shall be considered on a case-by-case basis.
Consideration shall be given to whether there is a long-term pattern of criminal activity versus a single offense or cluster of offenses, and whether the offenses are coincident with drug or alcohol abuse if the offender has been rehabilitated from such abuse.
Date of the offense. Crimes committed more than 10 years past, and where there has been no criminal activity for 10 years after release from incarceration, shall not be considered sufficient, standing alone, to disqualify a person from admission. Crimes committed within the past three years may be considered as sufficient grounds to disqualify a person from admission. Crimes more than three years and less than 10 years ago shall be considered on a case-by-case basis.
Evidence of rehabilitation. The WHA will consider whether there is any indication of rehabilitation of the offender.
Analysis of information. All information will be verified and analyzed, and the WHA will make a determination with respect to:
Eligibility of the applicant as a family;
Eligibility of the applicant with respect to income limits for admission;
Eligibility of the applicant with respect to citizenship or eligible immigration status;
Qualification of the applicant with respect to the selection criteria;
Unit size required for and selected by the family; and
Preference category (if any) to which the family is entitled.
Notification. Qualified families will be notified by the WHA of the approximate length of time on the waiting list insofar as that date can be determined. However, this is only an estimate; the WHA cannot guarantee the applicant will be housed by that date. Unqualified applicants will receive a letter of denial from the WHA, stating the basis for such determination. The notice will advise the applicant of his/her right to a review of the determination in accordance with the WHA grievance procedure and include instructions for requesting such a review.
As authorized by 24 CFR 960.505 and not withstanding any other provision of law, the WHA will allow police officers otherwise ineligible for public housing to occupy a maximum of 1% of the units at each of its conventional family developments. Such occupancy is permitted only when necessary to increase the security of residents.
Definition of police officer. For the purposes of this chapter, "police officer" shall mean a person determined by The Woonsocket Housing Authority to be employed on a full-time basis as a duly licensed professional police officer by a federal, state, or local government or by any agency of these governments.
Terms and conditions.
The officer's tenancy is subject to the following terms and conditions:
During the time of admission and residence, the officer must remain employed on a full-time basis as a duly licensed professional police officer by a federal, state, or local government or by any agency of these governments.
The officer shall pay rent equal to the per unit monthly (PUM) cost of operating the unit. By mutual consent, payment may be given by in-kind services.
The officer shall attend all regularly scheduled resident meetings. If the officer is unable to attend, he or she shall obtain from the security administrator a written statement exempting the officer's absence.
On a weekly basis, the officer shall discuss security-related issues with the property manager and/or security administrator in person or by telephone.
Failure to comply with any of these terms shall be grounds for termination of the lease.
