§ 4-27Occupancy standards and guidelines.
§ 4-28Unit offers.
§ 4-29Good cause for applicant refusal of unit offer.
§ 4-30Leasing accessible units.
§ 4-31Administering the applicant and transfer waiting lists.
Occupancy standards. Units shall be occupied by families of the appropriate size. This policy maintains the usefulness of the units, while preserving them from excessive wear and tear or underutilization.
| Minimum and Maximum Number-of-Persons-Per-Unit Standard | |||
|---|---|---|---|
| Number of Bedrooms | Minimum Persons/Unit | Maximum Persons/Unit | |
| 0 | 1 | 1 | |
| 1 | 1 | 2 | |
| 2 | 2 | 4 | |
| 3 | 3 | 6 | |
| 4 | 4 | 8 | |
| 5 | 5 | 10 | |
Guidelines. The following principles govern the size of unit for which a family will qualify.
Generally, two people are expected to share each bedroom, except that units will be so assigned that:
It will not be necessary for persons of different generations or opposite sex, other than husband and wife, to occupy the same bedroom, although they may do so at the request of the family.
Exceptions to the largest permissible unit size may be made in case of reasonable accommodations for a person with disabilities. The family must provide evidence of a "verified medical need" to be housed in a larger unit.
Two children of the opposite sex will not be required to share a bedroom, although they may do so at the request of the family.
In determining unit size, the WHA will consider the presence of children to be born to a pregnant woman, who are in the process of being adopted, whose custody is being obtained, who are temporarily away at school, or who are temporarily in foster care.
A single head of household parent shall not be required to share a bedroom with his/her child, although they may do so at the request of the family.
A live-in attendant may be assigned a bedroom. Single elderly or disabled residents with live-in attendants will be assigned one- or two-bedroom units.
Efficiency apartments will be occupied by persons who prefer efficiencies to one-bedroom units.
Generally, the local housing code of two persons per bedroom will be the standard for the smallest unit a family may be offered. Alternative occupancy standards may be established for individual housing units with very small or very large bedrooms or other specific situations that inhibit or encourage lower or higher levels of occupancy. These occupancy levels will not discriminate on the basis of familial status.
The largest unit size that a family may be offered would provide no more than one bedroom per family member, taking into account family size and composition.
When a family applies for housing and when the waiting list is updated, some families will qualify for more than one unit size. These applicants will be placed on the unit size waiting sublist of their choosing.
When a family is actually offered a unit, if it no longer qualifies for the unit size where it was categorized, it will be moved to the appropriate unit size category, retaining preferences and date and time of eligibility, and date of time of application. This may mean that the family may have to wait longer for a unit offer.
The WHA shall change the family's unit size at any time at the family's request.
If a family opts for a smaller unit size than would normally be assigned under the occupancy standards (for example, the list is moving faster), the family will be required to sign a statement agreeing to occupy the unit assigned at its request until family size or circumstances change.
A family may be housed in a larger unit than it qualifies for if there are no families on the waiting list for the larger size unit. The family must sign a statement that it will transfer (at the family's own expense) to the appropriate size unit when an eligible applicant family qualifies for the larger unit. The transferring family will be given a thirty-day notice before being required to move.
Larger units may be offered in order to improve the marketing of a development suffering a high vacancy rate.
In offering housing units to applicants, the WHA will assure equal opportunity and nondiscrimination on grounds of race, color, sex, religion, national origin, disability or familial status.
Priority.
When a unit becomes available, the WHA will first match the unit to the highest ranking applicant for a unit of that size, type, and special features (if any), taking into account any designated housing or income-targeting obligations (if applicable).
For a unit with accessible features, the WHA will give preference to families that include a person with disabilities who can benefit from the unit's features.
Preferences will be a factor in most admissions by determining the order of applicant selection from the waiting list. There may be instances (e.g., a unit with accessible features is ready and no applicant in the targeted preference group needs the features) when the WHA will make an offer to an applicant who does not qualify for a preference.
If two applicants need the same type and size of unit and have the same preference status, the applicant with the earlier date and time of eligibility determination will receive the earliest offer.
Notification.
The WHA will attempt to contact the family by telephone
The family will be offered the opportunity to view the unit. After viewing the unit, the family will have one business day to accept or reject the unit. If the offer of a unit is preliminarily accepted by the applicant, the Authority will contact the applicant to set up a date to show the unit.
If the family accepts the unit offer, the family must pay a security deposit, equal to the greater of the total tenant payment or $50, and the pro rata rent (the daily rent due through the end of the month) by certified check or money order within one business day of viewing the unit. The WHA and family will execute a lease. The lease will become effective no later than three business days after the date of acceptance or three business days after the day the unit becomes available, whichever is later. No lease will have an effective date before the unit is ready for occupancy.
The offer and the family's decision will be documented in the tenant file. If the family rejects the offer of the unit, the WHA will send the family a letter documenting the offer and rejection. A copy of this letter will be placed in the family's file.
Order in which units are offered. If more than one unit of the appropriate size and type is available, the first unit to be offered will be the unit that is or will be ready for move-in first. "Ready for move-in" means the unit has no housing quality standard deficiencies and is broom clean. If two units are ready for move-in on the same day, the first unit to be offered will be the unit that became vacant first.
Number of offers.
Family housing sublist. Applicants on the community-wide, conventional family housing waiting list will be given two unit offers, each of which will come from a different development. If an applicant rejects both offers without good cause, as defined in § 4-29 of this article, his/her file will be closed.
High-rise sublist. Applicants on each site-based, elderly/disabled high-rise waiting list will be given one offer per sublist to which they have applied. If an applicant rejects a unit offer without good cause, as defined in § 4-29 of this article, his/her file will be closed for that sublist. The applicant will not lose his/her position on the remaining sublists.
The WHA will maintain a record of units offered, including location, date, and circumstances of each offer, and each acceptance or refusal, including the reason for the refusal.
If an applicant is willing to accept the unit offered but is unable to move at the time of the offer, and presents clear evidence ("good cause") that acceptance of the offer will result in undue hardship not related to considerations of race, color, sex, religion or national origin, the applicant will not lose his/her position on the waiting list or be otherwise affected. If good cause is verified, the refusal of the offer shall not affect the family's position on the waiting list.
If the family rejects a unit offer (for the second time in the case of conventional family housing) without good cause, the family will be removed from the waiting sublist.
Examples of good cause. Examples of "good cause" for refusal of an offer of housing are:
The unit is not ready for move-in at the time of the offer of housing. "Ready for move-in" means the unit has no housing quality standard deficiencies and is broom clean. If an applicant refuses a unit because it is not ready for move-in, the applicant will be offered the next unit that is ready for move-in;
Inaccessibility to source of employment, education, or job training, children's day care, or educational program for children with disabilities,
The family demonstrates that accepting the offer will place a family member's life, health or safety in jeopardy. The family must provide specific and compelling documentation, such as restraining orders, other court orders, or risk assessments from a law enforcement agency. Reasons offered must be specific to the family. Refusals due to location alone do not qualify for this good cause exemption;
A health professional verifies temporary hospitalization or recovery from illness of the principal household member, other household members (each as listed on final application) or live-in aide necessary to the care of the principal household member;
The unit has lead paint and the family has children under the age of seven; or
The unit is inappropriate for the applicant's disabilities or the family does not need the accessible features in the unit offered and does not want to be subject to a thirty-day notice to move.
Before offering a vacant accessible unit to a nondisabled applicant, the WHA will offer such units:
When offering an accessible/adaptable unit to a nondisabled applicant, the WHA will require the applicant to sign a statement agreeing to move to an available nonaccessible unit within 30 days when a current resident or an applicant with a disability needs the unit. This requirement is also reflected in the lease signed with the applicant.
Applications for admission and transfer will be processed centrally. Initial intake, waiting list management, screening, and assigning of housing (including transfers) will be made from the WHA Service Center. Offers may be made in person, in writing, or by telephone. Any tenant requesting a transfer must request it in writing through the management office of the building/development where he/she lives. The request is then reviewed by the Housing Manager and, if approved, forwarded to the main office.
The WHA has five possible types of transfers. Emergency, Administrative — Category 1, Category 2 and Category 3, and Modernization transfers. The definition and priority of each transfer (in relation to admissions) is found in Article IX in this chapter.
Tenants on the transfer list may refuse transfer offers for the "good cause" reasons cited in § 4-29 above without losing their position on the transfer list.
Tenants who refuse a transfer offer without good cause may be removed from the transfer list. Tenants whose transfers are mandatory and refuse are subject to lease termination.
Tenants may use the WHA's grievance procedure if they are adversely affected by the WHA's refusal to transfer or if the WHA is requiring them to transfer and they do not want to do so.
