Tenant Selection Plan – Comprehensive Overview of HUD Requirements (October 2014)

Tenant Selection Plan – Comprehensive Overview of HUD Requirements (October 2014)

Following are the basic required elements of HUD required Tenant Selection Plans. Managers and owners of properties requiring such plans should be aware of the following requirements:

 Income Limits

 

The TSP must specify the income limits that apply to the site (ELI/VLI/LI). The actual dollar amount of the limits should not be in the Plan. (4350.3, par.4-4.C.2).

 

Site Specific Requirements

 

The Plan must specify whether the site is designated for a special population, such as the elderly or disabled (4350.3, par.4-4(C)(1)(a)).

 

Citizenship/Immigration Status Requirements

 

The Plan must describe HUD’s restrictions on housing assistance to noncitizens and the procedures for verifying immigration status (and citizenship, if the owner chooses to verify the status of applicants claiming U.S. citizenship). The TSP must also outline the procedures for a temporary deferral of termination of assistance in cases where applicants cannot prove or the owner cannot verify their eligibility (4350.3, par. 4-4(C)(1)(b)).

 

Social Security Number Requirements

 

The Plan must describe HUD’s requirements regarding provision of Social Security Numbers (SSNs). [4350.3, par. 4-4(C)(1)(c)].

 

Application & Selection Procedures

 

1. Taking Applications: The Plan must clearly outline how applications (and pre-applications if used) will be accepted.
   1. Unless the waiting list is closed, applications should be accepted from anyone wishing to submit one.
   2. State that every applicant will be interviewed and list the topics that will be discussed during the interview.
      1. 4350.3, par. 4-24 lists the topics that must be covered.
   3. Preferences:
      1. Plan must define each preference adopted for use at the site and any rating, ranking, or combining of the preferences.
      2. Describe acceptable sources of information to verify preference qualification.
      3. Any state or local preferences require HUD approval.

 

Income Targeting

 

1. For Section 8 properties only, a description of HUD’s 30% income targeting requirement must be included in the TSP.
   1. How and when will applicants be “skipped over” in favor of an ELI household?
   2. How will the application of the “skipped” person be treated?

 

 Applicant Screening Criteria (4350.3, par. 4-4(C)(3)(d).

 

1. The plan must describe the site’s standards used to screen for information on drug-related or criminal activity – including sex offender registration).
   1. Use of EIV Existing Tenant Search.
2. Owner elected screening criteria must also be described.
   1. g., Home visits

• Specify how criteria will be used to evaluate applicants for approval or rejection.
  1. g., if former landlords will be contacted, specify how many instances of nonpayment or other lease violations will be grounds for rejection and how far back in time you will look.

 

Reasons for Rejecting Applicants

 

The plan must describe the circumstances under which the owner may reject an applicant for occupancy or assistance. If extenuating circumstances will be considered prior to formal rejection of an applicant, this policy must be described in the TSP. Applicants may be rejected for the following reasons:

1. The household is not eligible for occupancy at the project;
2. SSN’s are not provided for all household members (except those who do not claim eligible immigration status or were 62 or older on January 31, 2010, and whose initial determination of eligibility began before January 31, 2010);
3. Any household member age 18+ refuses to sign required consent forms;
4. The household has characteristics that are not appropriate for certain type of unit or not of an appropriate size for available units. They must be retained in the waiting list;
5. The household contains members who did not declare citizenship or noncitizen status, or sign a statement electing not to contend noncitizen status. You must give the applicants an opportunity to revise the application excluding nonqualifying members; and
6. Applicant does not meet site screening criteria.

 

Occupancy Standards

 

The occupancy standards for determining unit size must be outlined in the plan.

• g., no fewer than two people and no more than five people in a two-bedroom unit.

Procedures for placing applicants on waiting lists for different size units must be explained.

 

Unit Transfer Policies

 

Plan should outline policies for tenant requested transfers in all the following areas:

• Changes in household size or composition;
• Need for a deeper subsidy covered by another unit;
• Medical reasons certified by a health care professional; or
• Need for an accessible unit (4350.3, par. 4-4(C)(5)).

 

Nondiscrimination Policies

 

The TSP must state a commitment to nondiscrimination [4350.3, par. 4-4 (C) (6)].

 

 Policies on Opening & Closing Waiting Lists

 

The TSP must outline when that waiting list will be opened or closed. It must also specify the types of marketing and advertising that will be used, and how the announcement of the opening or closing will be announced. [4350.3, par. 4-4(C)(7)]. Waiting lists may be closed only if it will be at least a year before a unit would become available [4350.3, par. 4-16 (B)(1)(a)].

 

Student Eligibility

 

The Plan must include the requirements for determining eligibility of students enrolled at an institution of higher education, in conformance to the requirements of 4350.3, Chg. 4, par. 4-4(C)(8).

 

Violence Against Women Act Protections

 

Documentation regarding VAWA protections must be added to Tenant Selection Plans for Section 8 properties only.

 

The TSP, as well as House Rules (if any), must include policies and procedures covering the Violence Against Women Act (VAWA) protections. Specific requirements are covered in HUD Handbook 4350.3, par. 4-4(C)(9). The following elements must be included in the Plan:

• Owners must provide notice to Section 8 tenants of their rights and obligations under VAWA.
• Owners must provide tenants the option to complete the Certification of Domestic Violence, Dating Violence or Stalking, form HUD – 91066, or, in lieu of the certification form or in addition to it, owners may accept a federal, state, tribal, territorial, or local police record or court record, or documentation signed by an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional from whom the victim has sought assistance in addressing domestic violence, or the effects of the abuse.
• Owners are not required to demand that an individual produce official documentation or physical proof of status as a victim in order to receive the protections of VAWA. Owners, at their discretion, may provide assistance to an individual based solely upon the individual’s statement or other corroborating evidence.
• Owners must have tenants sign the VAWA lease addendum, form HUD-91067.