§ 4-45Eligibility for continued occupancy.
§ 4-46Community service policy.
§ 4-47Remaining family members and prior debt.
§ 4-48Reexaminations.
Residents who meet the following criteria will be eligible for continued occupancy:
Qualify as a family as defined in Article III of this chapter;
In full compliance with the resident obligations and responsibilities as described in the lease;
Family members age six and older have social security numbers, or certifications indicating they have no social security numbers, on file with the WHA;
Meet HUD standards on citizenship or immigration status or are paying a prorated rent; and
In compliance with the WHA's eight-hour per month community service requirement,
It is the obligation of all adult residents who live within Woonsocket Housing (who are not exempted to perform community service) to participate in an economic self-sufficiency program or a combination of self-sufficiency program and community service for at least eight hours per month. The lease specifies that it (the lease) will be renewed automatically for all purposes unless the family fails to comply with the service requirement or other serious lease violations such as, but not limited to, failure to pay charges, criminal activities, etc. Violation of the service requirement is grounds for nonrenewal of the lease at the end of the twelve-month lease term, but not for termination during the course of the twelve-month lease term. Residents who qualify for the requirement will begin participation on the first annual renewal date of their lease after January 1, 2001. All residents will be reviewed for eligibility annually at least 30 days before the end of the twelve-month lease term.
Exemptions.
Residents exempted from the program are adults who are:
All residents are responsible for informing the Housing Authority of a change in their exemption status for this program. A memorandum of understanding is in effect with the Rhode Island Department of Human Services so that WHA may verify information regarding a person's exemption status.
Definition of community service. Community service is voluntary work or duties that are a public benefit and that serve to improve the quality of life, enhance resident's self-sufficiency, or increase resident's self-sufficiency in the community. In implementing the service requirement, WHA may not substitute community service or self-sufficiency activities performed by residents for work ordinarily performed by WHA employees, or replace any job at any location where residents perform activities to satisfy the requirement.
Approval and verification.
At the initiation of a resident's service, a service verification form must be completed which collects data on the place of service. This form will be returned to the Housing Manager for approval. If a proposed community service activity is not found to meet the above requirements, the resident will be referred to Resident Services for assistance in obtaining a qualifying placement. Residents who do not preapprove their placement risk completing service that does not fulfill the requirement and jeopardize their ability to meet the terms of the lease.
At least 30 days before the end of the twelve-month term of a lease, eligible residents are required to produce documentation of their service. Verification will consist of a signed letter from the location where the service was performed that states the place at which the service occurred, the start date of service, the total number of hours of service, and the contact person's name, phone number, and address. The Housing Authority reserves the right to verify the information being presented by contacting the contact person.
Violation of requirement.
If the Housing Authority determines there is a resident who is required to fulfill the service requirement but who has violated his obligation, WHA will notify the resident of this determination. The notice must briefly describe the noncompliance, inform residents of their right to a grievance hearing, and state that the WHA will not renew the lease at the end of the twelve-month lease term unless the resident meets one of the following requirements:
If a resident has violated the service requirement, WHA may not renew the lease upon expiration of the terms unless a written agreement to cure such noncompliance is established or all other family members who are subject to mandatory service are compliant and noncompliant family members no longer reside in the unit.
If the head of household dies or leaves the unit, continued occupancy by remaining family members is permitted only if:
The family reports the departure (or death) of the head of household within 10 days of the occurrence;
The family includes a member who can pass screening and is either of legal age to execute a lease or a court-recognized emancipated minor; and
The new head signs a new lease within 30 days of the departure of the former head.
Remaining family members age 18 years or older will be held responsible for arrearages incurred by the former head or spouse.
The WHA will not hold remaining family members (other than the head or spouse) responsible for any portion of the arrearage incurred before the remaining member reached the age of 18.
WHA will not hold remaining family members under age 18 responsible for rent arrearages incurred by the former head of household.
Household members (i.e., foster children, live-in aides) have no right as a remaining family member.
Regular reexaminations.
The WHA shall, at least once a year, reexamine the composition and income of every resident family to determine the family's rent and ensure compliance with the occupancy guidelines. Families paying flat rents shall have their incomes reexamined once every three years.
Special reexaminations.
When it is not possible to estimate family income accurately, a temporary determination will be made with respect to income. Special reexaminations will be scheduled every 90 days until a reasonably accurate estimate of income can be made.
A special reexamination shall also be conducted when a change in the head of household requires a remaining family member to take on the responsibilities of a leaseholder.
Zero-income families.
Unless the family has income that is excluded for rent computation, families reporting zero income will have their circumstances examined every 90 days until they have a stable income.
The family shall be required to submit a zero-income checklist prior to admission and at each recertification. This checklist identifies categories of expenses such as (but not limited to) food, cleaning products, grooming products, paper products, transportation, insurance, entertainment, clothing, smoking, communication, shelter, unreimbursed medical, educational, etc.
Monetary or nonmonetary contributions from persons not residing in the dwelling unit for any purpose other than the payment or reimbursement of medical expenses shall be considered income.
The family is required to submit documentation of amounts claimed.
Notification.
The WHA will notify the family in writing of its scheduled reexamination interview. The WHA will also provide forms for the family to complete in preparation.
Families who need to reschedule the interview may do so in advance. Families who need to make alternate arrangements due to a disability should contact staff to request an accommodation.
If the family fails to respond to the letter and fails to attend the interview, a second letter will be mailed. The second letter will advise the resident of his/her new reexamination interview and allow for the same rescheduling and accommodation considerations as described above. Failure by the family to attend the second scheduled interview will result in the WHA taking eviction action against the family.
Reexamination procedure.
At the time of reexamination, all adult members of the household will be required to sign an application for continued occupancy and other forms required by HUD.
Income, allowances, deductions, exclusions, and such other data as deemed necessary will be verified. All verified findings will be filed in the resident's folder.
A credit check may be run and a current IRS form may be viewed on each family at recertification to help detect any unreported income, family members not reported on the lease, etc. A criminal background check may be run on all family members 18 or over.
Residents with a history of employment whose reexamination occurs when they are not employed will have income anticipated based on past and anticipated employment. Residents with seasonal or part-time employment of a cyclical nature will be asked for third-party documentation of their employment including start and end dates.
Income shall be computed in accordance with the definitions and procedures set forth in federal regulations and this chapter.
Action following reexamination.
Change in rent. If there is any change in rent, the lease will be amended, a new lease will be executed or a notice of rent adjustment will be issued. The new rent will be effective on the family's annual anniversary date, with 30 days' notice of any rent increase.
Delay in determination of rent due to reasons beyond the family's control. If the determination of the tenant's rent is delayed due to a reason beyond the family's control, any rent increase will be effective the first day of the month after the month in which the family receives a thirty-day notice of the change. Any rent reduction will be effective as scheduled on the anniversary date, and the rent reduction will be applied retroactively.
Delay in determination of rent due to reasons within the family's control. If the determination of the tenant's rent is delayed due to reasons within the family's control, any rent increase will be effective on the anniversary date. Any rent reduction will be effective the first of the month after the change is determined.
Change in unit size. If any change in the unit size is required, the resident will be placed on a transfer list in accordance with the transfer criteria described in this chapter and moved to an appropriate unit when one becomes available.
