Resident Information

Reexaminations

Scheduling Annual Reexaminations
Generally, the AHA will schedule annual reexaminations to coincide with the family’s anniversary date. The AHA will begin the annual reexamination process approximately 120 days in advance of the scheduled effective date. Anniversary date is defined as 12 months from the effective date of the family’s last annual reexamination or, during a family’s first year in the program, from the effective date of the family’s initial examination (admission). If the family transfers to a new unit, the AHA will perform a new annual reexamination, and the anniversary date will be changed. The AHA may also schedule an annual reexamination for completion prior to the anniversary date for administrative purposes.

Notification of and Participation in the Annual Reexamination Process
Families generally are required to participate in an annual reexamination interview, which must be attended by the head of household, spouse, or cohead. If participation in an in-person interview poses a hardship because of a family member’s disability, the family should contact the AHA to request a reasonable accommodation. Notification of annual reexamination interviews will be sent by first-class mail and will contain the date, time, and location of the interview. In addition, it will inform the family of the information and documentation that must be brought to the interview. If the family is unable to attend a scheduled interview, the family should contact the AHA in advance of the interview to schedule a new appointment. In all circumstances, if a family does not attend the scheduled interview the AHA will send a second notification with a new interview appointment time. If a family fails to attend two scheduled interviews without AHA approval, the family will be in violation of their lease and may be terminated in accordance with the Leasing policy. An advocate, interpreter, or other assistant may assist the family in the interview process.

Conducting Annual Reexaminations
Families will be asked to bring all required information (as described in the reexamination notice) to the reexamination appointment. The required information will include an AHA-designated reexamination form, an Authorization for the Release of Information/Privacy Act Notice, as well as supporting documentation related to the family’s income, assets, expenses, and family composition. Any required documents or information that the family is unable to provide at the time of the interview must be provided within 10 business days of the interview. If the family is unable to obtain the information or materials within the required time frame, the family may request an extension. If the family does not provide the required documents or information within the required time frame (plus any extensions), the family will be in violation of their lease and may be terminated in accordance with the Leasing Policy.

Effective Dates:
In general, an increase in the tenant rent that results from an annual reexamination will take effect on the family’s anniversary date, and the family will be notified at least 30 days in advance.

• If less than 30 days remain before the scheduled effective date, the increase will take effect on the first of the month following the end of the 30-day notice period.
• If the AHA chooses to schedule an annual reexamination for completion prior to the family’s anniversary date for administrative purposes, the effective date will be determined by the AHA, but will always allow for the 30-day notice period.
• If the family causes a delay in processing the annual reexamination, increases in the family share of the rent will be applied retroactively, to the scheduled effective date of the annual reexamination. The family will be responsible for any underpaid rent and may be offered a repayment agreement in accordance with the AHA policies.

In general, a decrease in the tenant rent that results from an annual reexamination will take effect on the family’s anniversary date.

• If the AHA chooses to schedule an annual reexamination for completion prior to the family’s anniversary date for administrative purposes, the effective date will be determined by the AHA.
• If the family causes a delay in processing the annual reexamination, decreases in the family share of the rent will be applied prospectively, from the first day of the month following completion of the reexamination processing.

Delays in reexamination processing are considered to be caused by the family if the family fails to provide information requested by the AHA by the date specified, and this delay prevents the AHA from completing the reexamination as scheduled.

Verification

Overview of Verification Requirements

In order of priority, the forms of verification that the AHA will use are:

• Up-front Income Verification (UIV) using HUD’s Enterprise Income Verification (EIV) system
• Up-front Income Verification (UIV) using a non-HUD system
• Written Third-Party Verification (may be provided by applicant or resident)
• Written Third-party Verification Form
• Oral Third-party Verification
• Self-Certification

Requirements for Acceptable Documents
Any documents used for verification must be the original (not photocopies) and generally must be dated within 60 days of the date they are provided to the AHA. The documents must not be damaged, altered or in any way illegible. Printouts from web pages are considered original documents. The AHA staff member who views the original document must make a photocopy, annotate the copy with the name of the person who provided the document and the date the original was viewed, and sign the copy. Any family self-certifications must be made in a format acceptable to the AHA and must be signed in the presence of a AHA representative or a notary public.

Third-Party Written and Oral Verification
Third-party documents provided by the family must be dated within 60 days of the AHA request date. If the AHA determines that third-party documents provided by the family are not acceptable, the AHA will explain the reason to the family and request additional documentation. As verification of earned income, the AHA will request pay stubs covering the 60-day period prior to the AHA’s request.

Written Third-Party Verification Form
The AHA will send third-party verification forms directly to the third party. Third-party verification forms will be sent when third-party verification documents are unavailable or are rejected by the AHA.

Oral Third-Party Verification
In collecting third-party oral verification, AHA staff will record in the family’s file the name and title of the person contacted, the date and time of the conversation (or attempt), the telephone number used, and the facts provided. When any source responds verbally to the initial written request for verification the AHA will accept the verbal response as oral verification but will also request that the source complete and return any verification forms that were provided.

When Third-Party Verification is Not Required
If the family cannot provide original documents, the AHA will pay the service charge required to obtain third-party verification, unless it is not cost effective in which case a self-certification will be acceptable as the only means of verification. The cost of verification will not be passed on to the family. The cost of postage and envelopes to obtain third-party verification of income, assets, and expenses is not an unreasonable cost.

Self-Certification
When information cannot be verified by a third party or by review of documents, family members will be required to submit self-certifications attesting to the accuracy of the information they have provided to the AHA. The AHA may require a family to certify that a family member does not receive a particular type of income or benefit. The self-certification must be made in a format acceptable to the AHA and must be signed by the family member whose information or status is being verified. All self-certifications must be signed in the presence of a AHA representative or a notary public.

Community Service

HUD regulations pertaining to the community service requirement are contained in 24 CFR 960 Subpart F (960.600 through 960.609). AHAs and residents must comply with the community service requirement, effective with AHA fiscal years that commenced on or after October 1, 2000. The AHA Plan must contain a statement of how the AHA will comply with the community service requirement, including any cooperative agreement that the AHA has entered into or plans to enter into.

Community service is the performance of voluntary work or duties that are a public benefit, and that serve to improve the quality of life, enhance resident self-sufficiency, or increase resident self-responsibility in the community. Community service is not employment and may not include political activities. In administering community service requirements, the AHA must comply with all nondiscrimination and equal opportunity requirements.

Each adult resident of the AHA, who is not exempt, must

• Contribute 8 hours per month of community service; or
• Participate in an economic self-sufficiency program (as defined in the regulations) for 8 hours per month; or
• Perform 8 hours per month of combined activities (community service and economic self-sufficiency programs).

An individual may not skip a month and then double up the following month, unless special circumstances warrant it. The AHA will make the determination of whether to permit a deviation from the schedule. Individuals who have special circumstances which they believe will prevent them from completing the required community service hours for a given month, must notify the AHA in writing within 5 business days of the circumstances becoming known. The AHA will review the request and notify the individual, in writing, of its determination within 10 business days. The AHA may require those individuals to provide documentation to support their claim.

Domestic Violence Protections (VAWA)

The Violence Against Women Reauthorization Act of 2013 (VAWA 2013) expands housing protections for victims of domestic violence, dating violence, sexual assault or stalking. Changes under VAWA 2013 include extending protections to survivors of sexual assault; allowing survivors who remain in the unit to establish eligibility or find new housing when a lease is bifurcated; providing survivors with emergency transfers; and additional notification to applicants and tenants of housing rights under VAWA. While these changes substantially extend VAWA’s coverage to include most affordable housing programs, they provide no protection to tenants in private market-rate housing but do apply to tenants with vouchers in private market-housing.

AHA will provide all protection under VAWA 2013 as described below to program participants and family members of program participants who are victims of domestic violence, dating violence, sexual assault or stalking from being evicted or terminated from housing assistance based on acts of such violence against them.

Parties whom VAWA protects – VAWA 2013 expands the housing protections to cover survivors of sexual assault and protects anyone who:

• Is a victim of actual or threatened domestic violence, dating violence, sexual assault or stalking, or an “affiliated individual” of the victim (spouse, parent, brother, sister, or child of that victim; or an individual to whom that victim stands in loco parentis; or an individual, tenant or lawful occupant living in the victim’s household); and,
• Is living in, or seeking admission to, any of the covered housing programs

VAWA 2013 eliminates the requirement that the household member be related by blood or marriage to the victim. Therefore, VAWA 2013 protects individuals who simply live in the victim’s household, regardless of whether they are related by marriage or blood to the victim.

Definitions – The new law revises the definition of “domestic violence” to include crimes of violence committed by an intimate partner of the victim or by a person who has cohabitated with the victim as an intimate partner. VAWA 2013 further amends the definition of “stalking” by including a more general definition than had been provided by VAWA 2005. VAWA 2013 defines the terms in the following manner:

Domestic violence includes felony or misdemeanor crimes of violence committed by:

• A current or former spouse or intimate partner of the victim;
• A person with whom the victim shares a child;
• A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
• A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies; or
• Any other person who committed a crime against an adult or youth victim who is protected under the domestic or family violence laws of the jurisdiction

Dating violence is violence committed by a person:

• Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
• The existence of such a relationship is determined based on the following factors:
• Length of the relationship
• Type of relationship
• Frequency of interaction between the persons involved in the relationship.

Sexual assault means any non-consensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.

Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• Fear for his or her safety or others; or
• Suffer substantial emotional distress

Denials of Admissions, Termination of Tenancy or Assistance – An applicant or tenant shall not be denied admission to, denied assistance under, terminated from participation in, or evicted from housing on the basis that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. An incident of actual or threatened domestic violence, dating violence, sexual assault or stalking will not be construed as a serious or repeated violation of the lease by the victim and will not be good cause for terminating the assistance or tenancy of the victim.

Criminal Activity Directly Related to the Abuse – No person shall be denied assistance, tenancy or occupancy rights to housing solely on the basis of criminal activity, if that activity is directly related to domestic violence, dating violence, sexual assault or stalking engaged in by a household member, guest or any person under the tenant’s control, if the tenant or affiliated individual of the tenant is the victim.

Actual and Imminent Threat – AHA may terminate assistance to a victim if AHA can demonstrate an actual and imminent threat to other tenants or employees at the property in the event that the tenant is not evicted or terminated from assistance.

An actual and imminent threat shall include a physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. In determining the existence of an “actual or imminent threat,” AHA will consider the duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the length of time before the potential harm would occur. Termination of a victim’s assistance under this provision will occur only when there are no other actions that could be taken to reduce or eliminate the threat, including, but not limited to, permitting a participant to move to another location, barring the perpetrator from the property, contacting law enforcement to increase police presence or develop other plans to keep the property safe, or seeking other legal remedies to prevent the perpetrator from acting on a threat.

Victims Held to Same Standard – For program violations unrelated to the abuse, AHA will not subject a participant who is a victim of domestic violence, dating violence, sexual assault or stalking to a more demanding standard than other participants in determining whether to terminate assistance.

Bifurcation – AHA may bifurcate voucher to terminate assistance to any tenant or lawful occupant who engages in criminal acts of violence against an affiliated individual or others. This action may be taken without penalizing the survivor who is also a tenant or lawful participant.

If AHA terminates assistance to a participant because of criminal acts of violence against family members or others, and that individual is the only family member eligible to receive the housing assistance, then any remaining family member will have the opportunity to establish eligibility for the assistance. If no family member can establish such eligibility, then AHA will provide the participant 60 days to find new housing.

Portability – AHA will permit a family with a Housing Choice voucher to move to another jurisdiction if the family has complied with all other obligations of the program and is moving to protect the health or safety of an individual who is or has been the victim of domestic violence, dating violence or stalking. AHA will permit the family to move even if the family’s lease term has not yet expired.

Court orders – AHA will honor court orders addressing rights of access to or control of property, including civil protection orders issued to protect the victim, as well as orders addressing the distribution or possession of property among household members in a case.

Certification – AHA will request that an individual certify via the applicable HUD form or other such written documentation as defined in this section. This certification will: (1) state that an applicant or tenant is a victim of domestic violence, dating violence, sexual assault or stalking; (2) state that the incident that is the ground for protection meets the requirements under the statute; and (3) include the name of perpetrator, if the name is known and safe to provide. In lieu of the certification form, the applicant or participant may provide:

• Documentation signed by the victim and a victim service provider, an attorney, a medical professional, or a mental health professional in which the professional attests under penalty of perjury to his or her belief that the victim has experienced an incident of domestic violence, dating violence, sexual assault or stalking that meets the grounds for protection under the statute; or
• A federal, state, tribal, territorial, or local law enforcement, court or administrative record

Timeline – After AHA has requested certification in writing, an applicant or participant shall have 30 days to respond to the request. If an individual does not provide the documentation within the 30 days, AHA will deny admission or terminate assistance.

Conflicting Certification – In situations where AHA receives documentation with conflicting information, AHA will require an applicant or participant to submit any of the above-mentioned third-party documentation.

Confidentiality – AHA will keep confidential the information an individual provides to certify victim status, including the individual’s status as a victim. This information will be entered into a shared database or disclosed to another entity or individual, unless the disclosure is: requested or consented to by the individual in writing; required for use in a termination proceeding to determine whether the incident qualifies as a serious or repeated violation of the lease, good cause to terminate assistance or tenancy, or criminal activity directly relating to domestic violence, dating violence, sexual assault or stalking; or otherwise required by law.

No AHA employee shall access the information regarding domestic violence unless they are specifically and explicitly authorized to access this information because it is necessary for their work.

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