2024 ACOP Plan

City of Glendale — Regular Meeting (2024-04-09)

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City of Glendale, Arizona
Community Housing Division

Conventional Public Housing
ADMISSIONS AND CONTINUED
OCCUPANCY POLICY

July 1, 2024

DRAFT

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ADMISSIONS AND CONTINUED OCCUPANCY POLICY
TABLE OF CONTENTS
1.0
FAIR HOUSING (§960.103) ............................................................................... 12
1.1 MIXED-IMMIGRATION STATUS HOUSEHOLDS ........................................ 12
1.2 COMPLYING WITH CIVIL RIGHTS LAWS ............................................................ 13
1.3 NONDISCRIMINATION POLICY ............................................................................ 14
1.3.1 NONDISCRIMINATION MATERIALS ........................................................ 15
1.3.1 DISCRIMINATION COMPLAINTS ............................................................. 15
1.4 PROGRAM ACCESSIBILITY ................................................................................. 16
1.4.1 FEDERAL NONDISCRIMINATION DEFINITION OF DISABILITY ............ 16
1.4.2 ELIGIBILITY DEFINITION OF DISABLED FAMILY ................................... 17
1.4.3 3.4.3 DEAF, HARD OF HEARING, OR VISION IMPAIRED PERSONS . 18
1.4.3.1 DEAF OR HARD OF HEARING ............................................................. 18
1.4.3.2 VISION IMPAIRED ................................................................................. 19
1.4.3.3 PHYSICAL ACCESSIBILITY .................................................................. 19
1.5 OUTREACH ACTIVITIES ....................................................................................... 20
1.5.1 APPLICANT/PARTICIPANT OUTREACH AND AFFIRMATIVE
MARKETING ........................................................................................... 20
2.0 REASONABLE ACCOMMODATION, MODIFICATION, AUXILIARY AIDS AND
SERVICES FOR PERSONS WITH DISABILITIES ............................................ 21
2.1 NON-DISCRIMINATION FOR PERSONS WITH DISABILITIES .................. 21
2.2 VERIFICATION OF DISABILITY .................................................................. 21
2.3 DEFINITIONS OF REASONABLE ACCOMMODATION, MODIFICATION, AND
AUXILIARY AIDS AND SERVICES ................................................................... 22
2.3.1 REASONABLE ACCOMMODATION ......................................................... 22
2.3.2 REASONABLE MODIFICATION ............................................................... 23
2.3.3 AUXILIARY AIDS AND SERVICES ........................................................... 23
2.3.4 REQUESTING A DISABILITY-RELATED ACCOMMODATION ................ 24

2.4.0 REVIEWING DISABILITY-RELATED ACCOMMODATION ....................... 25

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2.4.1 APPROVAL/DENIAL OF A DISABILITY-RELATED ACCOMMODATION. 25
2.4. ALTERNATIVE VOUCHER USE AS REASONABLE ACCOMMODATION 26
3.0
SMOKE FREE POLICY (§965.653) §FR 5597-F-03) ......................................... 27
3.1 DEFINITIONS ............................................................................................... 27
3.2 PHASE IN PERIOD ...................................................................................... 28
3.3 REASONABLE ACCOMMODATION REQUESTS ....................................... 28
3.4 PENALTIES FOR VIOLATING THIS POLICY .............................................. 28
3.5 DISCLAIMER ................................................................................................ 29
4.0
SERVICES FOR LIMITED ENGLISH PROFICIENCY (LEP) APPLICANTS AND
RESIDENTS ....................................................................................................... 29
5.0
FAMILY OUTREACH ......................................................................................... 30
6.0
RIGHT TO PRIVACY .......................................................................................... 30
7.0
REQUIRED POSTINGS (§966.5) ....................................................................... 30
8.0
APPLICATIONS (§982.203) ............................................................................... 31
8.1 APPLICATION .............................................................................................. 32
8.2 OPENING THE PRE-APPLICATION PROCESS ......................................... 32
8.3 CLOSING THE PRE-APPLICATION PROCESS .......................................... 33
8.4 LOTTERY TO ESTABLISH THE WAITING LIST ................................................... 33
8.5 ORGANIZING THE WAITING LIST (§982.204) ...................................................... 33
8.6 PROCESSING THE WAITING LIST ....................................................................... 34
8.7 APPLICATION INTERVIEW ................................................................................... 35
8.8 PURGING THE WAITING LIST .............................................................................. 36
8.9 REMOVAL OF APPLICANTS FROM THE WAITING LIST (§982.204) .................. 37
8.10 NOTIFICATION OF NEGATIVE ACTIONS ........................................................... 37
8.11 INFORMAL REVIEW ............................................................................................ 37
8.12 ADMISSION BASED ON FRAUDULENT OR NON-DISCLOSED INFORMATION
38
9.0
ELIGIBILITY FOR ADMISSION ......................................................................... 39
9.1
OVERVIEW ........................................................................................................ 39
9.2
FAMILY AND HOUSEHOLD; NOTICE PIH 2014- 20] ....................................... 39

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9.3
FAMILY .............................................................................................................. 40
9.3.1 GHA POLICY ..................................................................................................... 40
9.4
HOUSEHOLD ..................................................................................................... 40
9.5 FAMILY BREAK-UP AND REMAINING MEMBER OF TENANT FAMILY ............ 40
9.5.1 FAMILY BREAK-UP [24 CFR 982.315; NOTICE PIH 2017-08] ................. 40
9.5.1.1 GHA POLICY .......................................................................................... 41
9.6 REMAINING MEMBER OF A TENANT FAMILY [24 CFR 5.403] ................. 41
9.7 Head of Household [24 CFR 5.504(b)] .............................................................. 41
9.7.1 GHA Policy ..................................................................................................... 42
9.8 Spouse, Co-head, and Other Adult .................................................................... 42
9.8.1 GHA Policy ..................................................................................................... 42
9.9 Dependent [24 CFR 5.603]] ............................................................................... 42
9.10 JOINT CUSTODY OF DEPENDENTS ....................................................... 42
9.11 Full-Time Student [24 CFR 5.603] ................................................................... 43
9.12 ELDERLY AND NEAR-ELDERLY PERSONS, AND ELDERLY FAMILY [24 CFR
5.100 AND 5.403] ............................................................................................... 43
9.12.1 ELDERLY PERSONS .............................................................................. 43
9.12.2 NEAR-ELDERLY PERSONS ................................................................... 43
9.12.3 ELDERLY FAMILY .................................................................................. 43
9.13 PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.403] ....... 43
9.13.1 PERSONS WITH DISABILITIES ............................................................. 43
9.13.2 DISABLED FAMILY ................................................................................. 44
9.14 GUESTS AND UNAUTHORIZED OCCUPANTS [24 CFR 5.100] ........................ 44
9.14 FOSTER CHILDREN AND FOSTER ADULTS ..................................................... 45
9.14.1 GHA POLICY ........................................................................................... 45
9.15 ABSENT FAMILY MEMBERS .............................................................................. 45
9.16 DEFINITIONS OF TEMPORARILY AND PERMANENTLY ABSENT ......... 45
9.16.1 GHA POLICY ........................................................................................... 45
9.17 ABSENT STUDENTS ........................................................................................... 46
9.17.1 GHA POLICY ........................................................................................... 46
9.17.2 ABSENCES DUE TO PLACEMENT IN FOSTER CARE [24 CFR 5.403] 46

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9.17.3 GHA Policy ................................................................................................... 46
9.17.4 ABSENT HEAD, SPOUSE, OR COHEAD ......................................................... 46
9.17.4.1 GHA POLICY ........................................................................................ 46
9.18 FAMILY MEMBERS PERMANENTLY CONFINED FOR MEDICAL REASONS [PH
GB, P. 5-22] ....................................................................................................... 46
9.18.1 GHA POLICY ........................................................................................... 46
9.19 RETURN OF PERMANENTLY ABSENT FAMILY MEMBERS ............................ 47
9.19.1 GHA POLICY ........................................................................................... 47
9.20 LIVE-IN AIDE .............................................................................................. 47
9.20.1 GHA Policy ................................................................................................... 47
9.21 SUITABILITY (§960.202) ...................................................................................... 48
10.0
MANAGING THE WAITING LIST ...................................................................... 52
10.1 OPENING AND CLOSING THE WAITING LIST ......................................... 52
10.2 APPLICATION ............................................................................................ 52
10.2.1 Opening the Application Process .................................................................. 53
10.2.2 CLOSING THE APPLICATION PROCESS ....................................................... 53
10.3 LOTTERY TO ESTABLISH THE WAITING LIST ........................................ 53
10.4 ORGANIZATION OF THE WAITING LIST ................................................. 54
10.5 FAMILY BREAKUP..................................................................................... 54
10.5.1 GHA Policy ................................................................................................... 55
10.6
PROCESSING THE WAITING LIST ........................................................ 55
10.7 APPLICATION INTERVIEW ....................................................................... 57
10.8 PURGING THE WAITING LIST .................................................................. 58
10.9 REMOVAL OF APPLICANTS FROM THE WAITING LIST ........................ 58
10.10 MISSED APPOINTMENTS ....................................................................... 58
10.11 NOTIFICATION OF NEGATIVE ACTIONS ............................................... 58
10.12 INFORMAL REVIEW ................................................................................ 59
10.13 ADMISSION BASED ON FRAUDULENT OR NON-DISCLOSED
INFORMATION ........................................................................................ 60
11.0 TENANT SELECTION AND ASSIGNMENT PLAN (§960.206) ......................... 60
11.1 PREFERENCES (§982.202, §982.207) .................................................. 60

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11.1.1
Definitions for Preferences and Eligible Points ........................................ 61
11.2 ASSIGNMENT OF BEDROOM SIZES ....................................................... 62
11.3 SELECTION FROM THE WAITING LIST ................................................... 65
11.4 DE-CONCENTRATION POLICY (24 CFR §903.2) ..................................... 65
11.5 DE-CONCENTRATION INCENTIVES ........................................................ 67
11.6 OFFER OF A UNIT ..................................................................................... 67
11.7 REJECTION OF UNIT ................................................................................ 68
11.8 SHOWING A UNIT ...................................................................................... 68
11.9 SIGNING THE LEASE ................................................................................ 68
11.10 ACCEPTANCE OF UNIT .......................................................................... 69
11.11 LIVE-IN AIDE (§5.403, PIH 2010-51) ....................................................... 71
11.12 ABSENCE FROM THE UNIT.................................................................... 72
12.0 INCOME, EXCLUSIONS FROM INCOME, AND DEDUCTIONS FROM
INCOME .................................................................................................. 74
12.1 ANNUAL INCOME (§5.609, 5.612) ............................................................. 74
12.2 EXCLUSIONS FROM INCOME (§5.609, §5.612) ...................................... 79
12.3 DEDUCTIONS FROM ANNUAL INCOME (§5.611; §5.617) ...................... 84
12.4 RECEIPT OF A LETTER OR NOTICE FROM HUD CONCERNING
INCOME .................................................................................................. 86
12.4.1 COOPERATING WITH WELFARE AGENCIES ...................................... 87
13.0
VERIFICATION .................................................................................................. 87
13.1 DOCUMENT AGE ...................................................................................... 87
13.2 SOCIAL SECURITY NUMBERS ................................................................ 87
13.3 CITIZENSHIP STATUS .............................................................................. 88
13.4 FREQUENCY ............................................................................................. 88
13.5 INCOME VERIFICATION ........................................................................... 88
13.6 HUD’S EIV SYSTEM .................................................................................. 89
13.7 OTHER UP-FRONT INCOME VERIFICATION (UIV) SOURCES .............. 90
13.8 EIV/UIV PRIVACY REQUIREMENTS ........................................................ 91
13.9 RECORDS RETENTION ............................................................................ 91
13.10 WRITTEN THIRD-PARTY VERIFICATION (INCLUDING TENANT-
PROVIDED DOCUMENTS) ..................................................................... 92
13.10.1 Written Third-Party Verification Form ......................................................... 92
13.10.2 Oral Third-Party Verifications ..................................................................... 93
13.11 TENANT DECLARATION ......................................................................... 93

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13.12 VERIFICATION REQUIREMENTS ........................................................... 93
13.13 EIV DECEASED TENANT REPORT ........................................................ 99
13.14 RESOLVING DISCREPANCIES............................................................. 100
14.0
DETERMINATION OF TOTAL TENANT PAYMENT AND TENANT RENT .... 101
14.1 FAMILY CHOICE OF RENT (§960.253) ................................................... 101
14.2 THE INCOME METHOD ........................................................................... 102
14.3 MINIMUM RENT AND HARDSHIP EXEMPTION (24CFR §5.630) .......... 103
14.4 THE FLAT RENT (PIH-2017-23, §960.253).............................................. 104
14.5 RENT FOR FAMILIES UNDER THE NON-CITIZEN RULE §5.500, 5.514,
5.516, 5.518, 5.520, PIH 2016-05 .......................................................... 106
14.6 UTILITY ALLOWANCE ............................................................................. 107
14.7 PAYING RENT ......................................................................................... 107
14.8 COLLECTION FEES ................................................................................ 108
15.0
COMMUNITY SERVICE (§960.600)................................................................. 108
15.1 COMMUNITY SERVICE REQUIREMENT ............................................... 108
15.2 DEFINITIONS (SEE PIH NOTICE 2015-12) ............................................. 108
15.3 NOTIFICATION OF THE REQUIREMENT ............................................... 110
15.4 VOLUNTEER OPPORTUNITIES ............................................................. 111
15.5 THE PROCESS ........................................................................................ 112
15.6 NOTIFICATION OF NON-COMPLIANCE WITH COMMUNITY SERVICE
REQUIREMENT (§960.605) .................................................................. 113
15.7 OPPORTUNITY FOR CURE .................................................................... 113
15.8 PROHIBIT REPLACEMENT OF AGENCY EMPLOYEES ........................ 114
15.9 SATISFYING DELINQUENT COMMUNITY SERVICE HOURS AFTER
LEAVING THE PROGRAM .................................................................... 114
16.0
RECERTIFICATIONS (§960.257) .................................................................... 114
16.1 CHANGES IN INCOME BETWEEN ANNUAL RE-EXAMINATIONS ........ 114
16.2 CHANGES IN FAMILY COMPOSITION BETWEEN ANNUAL RE-
EXAMINATIONS .................................................................................... 115
16.3 RE-EXAMINATION DATE ........................................................................ 115
16.4 RE-EXAMINATION PROCESS ................................................................ 115
16.5 FLAT RENTS (§960.253, PIH NOTICE 2014-12) ..................................... 116
16.6 IN-PERSON INTERVIEWS ...................................................................... 116

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16.7 COMPONENTS TO BE REVIEWED/UPDATED AT ANNUAL RE-
EXAMINATION ...................................................................................... 117
16.7.1 Release and Consent ................................................................................. 117
16.7.2 Changes in income, assets, deductions, expenses, and household
characteristics ....................................................................................................... 117
16.7.3 Changes in Family Composition ................................................................. 117
16.7.4 Utility Allowance ......................................................................................... 117
16.7.5 Subsidy Determination ............................................................................... 117
16.8 EFFECTIVE DATE OF RENT CHANGES ................................................ 117
16.9 FAILURE TO RESPOND .......................................................................... 117
16.10 FAMILIES WITH 90% FIXED INCOME .................................................. 118
16.10.1 Definition of Fixed Income Sources .......................................................... 118
16.10.2 THREE-YEAR REVIEW CYCLE .......................................................... 118
16.10.3 Cost of Living Adjustments (COLA) .......................................................... 118
16.10.4 Declaration of Assets ................................................................................ 119
16.11 INTERIM RE-EXAMINATIONS ............................................................... 119
16.12 EFFECTIVE DATE OF RENT CHANGES .............................................. 120
17.0 UNIT TRANSFERS .......................................................................................... 120
17.1 OBJECTIVES OF THE TRANSFER POLICY ........................................... 120
17.2 CATEGORIES OF TRANSFERS.............................................................. 121
17.3 DOCUMENTATION .................................................................................. 121
17.4 INCENTIVE TRANSFERS ........................................................................ 122
17.5 PROCESSING TRANSFERS ................................................................... 122
17.6 COST OF THE FAMILY'S MOVE ............................................................. 123
17.7 TENANTS IN GOOD STANDING ............................................................. 124
17.8 TRANSFER REQUESTS .......................................................................... 124
17.9 RIGHT OF GHA IN TRANSFER POLICY ................................................. 124
18.0
INSPECTIONS ................................................................................................. 124
18.1
MAJOR INSPECTABLE AREAS. THE FIVE MAJOR INSPECTABLE
AREAS ARE THE FOLLOWING ............................................................ 125
18.2
HEALTH AND SAFETY CONCERNS .................................................... 126
18.3 TYPES OF INSPECTIONS ....................................................................... 126
18.4 NOTICE OF INSPECTION ....................................................................... 127
18.5 EMERGENCY INSPECTIONS ................................................................. 127
18.6 MOLD ....................................................................................................... 128
18.7 OTHER INSPECTIONS ............................................................................ 128

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18.8 WORK ORDERS ...................................................................................... 128
19.0 PET POLICY (§960.701, §5.303) ..................................................................... 129
19.1 EXCLUSIONS .......................................................................................... 129
19.2 REGULATORY AUTHORITY ................................................................... 129
19.3 QUALIFYING AS AN ASSISTANCE ANIMAL .......................................... 129
19.4 APPROVAL OF A PET ............................................................................. 130
19.5 TYPES, SIZE, AND NUMBER OF PETS .................................................. 130
19.6 INOCULATIONS ....................................................................................... 130
19.7 PET DEPOSIT .......................................................................................... 130
19.8 DAMAGES - FINANCIAL OBLIGATION OF RESIDENTS ........................ 130
19.9 NUISANCE OR THREAT TO HEALTH OR SAFETY ............................... 131
19.10 DESIGNATION OF PET AREAS ............................................................ 131
19.11 VISITING PETS ...................................................................................... 131
19.12 PET LICENSE/REGISTRATION ............................................................ 131
19.13 MISCELLANEOUS RULES .................................................................... 132
19.14 DENIED REGISTRATION ...................................................................... 132
19.15 NOTICES ................................................................................................ 133
20.0 REPAYMENT AGREEMENTS ......................................................................... 133
21.0 COOPERATING WITH LAW ENFORCEMENT AGENCIES ............................ 134
GHA WILL NOT OFFER ANY PROTECTIONS TO ANY APPLICANT/PARTICIPANT
REGARDING AN ENFORCEMENT AGENCY ................................................. 135
22.0 TERMINATION ................................................................................................. 135
22.1 TERMINATION BY TENANT .................................................................... 135
22.2 TERMINATION BY THE HOUSING AUTHORITY (PIH NOTICE 2015-19)
............................................................................................................... 135
22.3 DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING (VIOLENCE AGAINST WOMEN ACT (VAWA)) 24 CFR
SUBPART 5 ........................................................................................... 137
22.4 IMMIGRATION STATUS / SELF-PETITIONER ........................................ 141
22.5 VAWA CONFIDENTIALITY ...................................................................... 141
22.6 ABANDONMENT ...................................................................................... 141
22.7 RETURN OF SECURITY DEPOSIT ......................................................... 142
22.8 EIV DECEASED TENANT REPORT ........................................................ 142

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22.9 NOTICE OF TERMINATION OF ASSISTANCE ....................................... 142
22.9.1 If Termination is Due to a Disabled Family Member ................................... 142
23.0 SUPPORT FOR OUR ARMED FORCES ......................................................... 143
24. ADDRESSING FRAUDULENT ACTIVITY ............................................................ 143
24.1 INVESTIGATION ...................................................................................... 143
24.2 FRAUD REMEDIATION ........................................................................... 144
24.3 EMPLOYEE AND BUSINESS CONDUCT POLICIES .............................. 144
24.3.1 Employee Conduct ..................................................................................... 144
24.3.2 Information Security and Confidentiality ..................................................... 144
24.4 CONFLICT OF INTEREST ....................................................................... 145
24.5 REFERRALS ............................................................................................ 145
24.6 GRATUITIES ............................................................................................ 145
24.7 DISCIPLINE .............................................................................................. 146
24.8 ELECTED OFFICIALS AND BOARDS AND COMMISSIONS .................. 146
24.9 ANTI-FRAUD ............................................................................................ 146
25.0 GLOSSARY ..................................................................................................... 147
27.0 ACRONYMS ..................................................................................................... 168
APPENDIX A .............................................................................................................. 169
28.0
GRIEVANCE PROCEDURE ............................................................................ 169
28.1
APPLICABILITY ..................................................................................... 169
28.2
DEFINITION OF TERMS §966.53 ......................................................... 169
28.3
INFORMAL SETTLEMENT OF GRIEVANCE (24CFR §966.54) ........... 170
28.4
PROCEDURE TO OBTAIN A HEARING (24CFR §966.50-57) ............. 170
28.5
PROCEDURES GOVERNING THE HEARING ..................................... 172
28.7
INFORMAL HEARING PROCEDURES FOR DENIAL OF ASSISTANCE
ON THE BASIS OF INELIGIBLE IMMIGRATION STATUS ................... 173
28.8
EVICTION ACTIONS ............................................................................. 173
28.9
REASONABLE ACCOMMODATION ..................................................... 173
28.10 DISCRIMINATION COMPLAINTS ......................................................... 174
APPENDIX B .............................................................................................................. 174
29.0 CALCULATION FORMULAS .......................................................................... 174
ANNUAL INCOME ............................................................................................ 174
CALCULATING UNREPORTED INCOME/RETRO PAYMENTS ..................... 182

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RESULTS WILL BE REPORTED TO HUD VIA THE HUD EIV DEBTS OWED
AND NEGATIVE ACTIONS PROCESS ................................................. 182
30.0 PRIVACY.......................................................................................................... 183
APPENDIX C .............................................................................................................. 183
31.0 REVISIONS TO ADMISSIONS AND CONTINUED OCCUPANCY POLICY
............................................................................................................... 183
32.0 TENANT OBLIGATIONS/RESPONSIBILITIES ...................................... 183

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City of Glendale Community Housing Division
Admissions and Continued Occupancy Policy

This Admissions and Continued Occupancy Policy defines the City of Glendale,
Community Housing Division, known as the Glendale Housing Authority (GHA), policies
for the operation for the Public Housing Program, incorporating Federal, State, and local
law. If there is any conflict between this policy and laws or regulations, the laws and
regulations will prevail.

1.0
FAIR HOUSING (§960.103)
GHA complies fully with all Federal, State, and local nondiscrimination laws, the
Americans With Disabilities Act, and the U. S. Department of Housing and Urban
Development regulations governing Fair Housing and Equal Opportunity. It is illegal to
discriminate in the rental of housing, including against individuals seeking housing
assistance, like the assistance provided under the PH program.
The Fair Housing Act prohibits discrimination because of race, color, national origin,
religion, sex, familial status, and disability. A variety of other federal civil rights laws,
including Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, and the
Americans with Disabilities Act, prohibit discrimination in housing and community
development programs and activities, particularly those that are undertaken with HUD
funding.
These civil rights laws include obligations such as taking reasonable steps to ensure
meaningful access to their programs and activities for persons with limited English
proficiency (LEP) and taking appropriate steps to ensure effective communication with
individuals with disabilities through the provision of appropriate auxiliary aids and
services. Federal fair housing and civil rights laws require that HUD and GHA affirmatively
further the purposes of the Fair Housing Act. This chapter explains the federal laws and
HUD regulations, policies and practices that ensure GHA’s compliance with its non-
discrimination mandate.

1.1 Mixed-Immigration Status Households
It is the policy of GHA to ensure that steps are taken to ensure the administration of the PH
program is designed to aid mixed-immigration status households in accessing services. GHA’s
application process allows a person who is not applying for benefits for themselves, to be
designated as a non-applicant. To be clear any adult member of a household:
•
May apply for benefits for themselves and for others in the household.
•
May apply for benefits for others in the household and not for themselves.
•
Only one person in the household, regardless of age, must be a U.S. citizen or a
qualified immigrant to be eligible for the program.

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•
An adult who does not claim program eligibility and is applying for benefits for others in
the household will not be asked about their immigration status or whether they have a
Social Security Number.
1.2 COMPLYING WITH CIVIL RIGHTS LAWS
GHA complies with all federal, state, and local nondiscrimination laws, and with rules and
regulations governing fair housing and equal opportunity in housing, now in effect and
subsequently enacted, including, but not limited to those shown in Table 1 below.
Table 1

Law
Description
Title VI of the Civil Rights Act of
1964
Forbids discrimination on the basis of race, color, or
national origin.
Title VIII of the Civil Rights Act
of 1968 (as amended by the
Community Development Act
of 1974 and the Fair Housing
Amendments Act of 1988)
Extends protection against discrimination based on
race, color, religion, sex, national origin, disabled
(disability) and familial status, and spells out forms
of prohibited discrimination
Executive
Order
11063;
codified in 24 C.F.R. Part 107
Prohibits discrimination in federally owned or funded
housing based on race, color, religion (creed), sex
or national origin.
Section
504
of
the
Rehabilitation Act of 1973
Prohibits discrimination based on disability in all
programs, services, and activities receiving federal
financial
assistance,
requires
provision
of
reasonable modifications and auxiliary aids and
services for effective communication
The Age Discrimination Act of
1975
Prohibits discrimination based on age in programs
or activities that receive federal financial assistance.
Title II of the Americans with
Disabilities Act (to the extent that
it applies, otherwise Section 504
and
the
Fair
Housing
Amendments govern)
Prohibits discrimination based on disability in all
programs, services, and activities of state and local
government administering and operating housing
program,
requires
provision
of
reasonable
modifications and auxiliary aids and services for
effective communication, and sets accessibility
standards that apply to state and local government.

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Law
Description
24 C.F.R. §5.105 and §5.106.
Also known as the “Equal
Access Rule”.
Provides a determination of eligibility for housing
assistance shall be made without regard to actual or
perceived sexual orientation, gender identity or
marital status.
Executive Order 13166
Requires that recipients of Federal financial
assistance be provided meaningful access to their
limited
English
proficiency
applicants
and
beneficiaries.
Violence
Against
Women
Reauthorization Act of 2013
(VAWA)
Provides housing protections for victims of domestic
violence, dating violence, sexual assault, and
stalking.
Fair Housing Act
Prohibits discrimination in covered dwellings on the
basis of race, national origin, color, religion, sex,
disability, and familial status. Sets forth the seven
accessibility standards for covered multifamily housing
and units within covered housing and provides the
design and construction standards that are safe harbors
for housing providers
Executive Order 13988 on the
Enforcement of Fair Housing
Requires agencies to explicitly prohibit discrimination
because of gender identity and sexual orientation.

1.3 NONDISCRIMINATION POLICY
All housing programs administered by GHA will be accessible and open to all eligible
individuals. GHA shall not discriminate against any person in the leasing, rental,
occupancy, use, or other disposition of housing or related facilities on the basis of race,
color, religion, sex, marital or familial status, national or ethnic origin, ancestry, genetic
information, age, disability, medical condition, or source of income.
For purposes of this policy, “sex” includes, but is not limited to, pregnancy, childbirth, or
medical conditions related to pregnancy or childbirth, actual or perceived sexual
orientation, gender identity, and gender expression. However, GHA may inquire about a
person's sex in order to determine the number of bedrooms a household may be eligible
for under the occupancy standards or to accurately complete HUD's Form 50058.
For purposes of this policy,” familial status” includes children under the age of 18 living
with or visiting parents or legal custodians, pregnant women, and people securing custody
of children under the age of 18.

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For purposes of this policy, “disability” includes any (1) individual with a physical or mental
impairment that substantially limits one or more major life activities; (2) individual with a
record of such impairment; or (3) individual who is regarded as having such an
impairment.

1.3.1 Nondiscrimination Materials
GHA provides information regarding Fair Housing and non-discrimination in housing on
its website, in outreach materials, posters at its office, in the individual and household
briefing session and program packets, and to owners in meetings. All written information
and advertisements contain the appropriate Equal Opportunity language and logo. All
applicable Fair Housing Information and Discrimination Complaint Forms are available
online and at the GHA office.

1.3.1 Discrimination Complaints
GHA will assist any PH program applicant or participant, or an applicant or participant’s
companions or visitors, that believe they have been treated in a discriminatory manner by
GHA or an owner by providing information about federal, state, or local laws and when
needed, will provide assistance in completing a housing discrimination complaint form.
Housing discrimination complaints can be filed directly with HUD at the address listed
below or with the Arizona Attorney General’s Civil Rights Division by calling (602) 542-
5263 or emailing civilrightsinfo@azag.gov.
San Francisco Regional Office of FHEO
U.S. Department of Housing and Urban Development
One Samsome Street, Suite 1200
San Francisco, CA 94104
(415) 489-6524 (800) 347-3739
TTY (415) 436-6594
ComplaintsOffice09@hud.gov

Applicants or participants who believe that they have been subject to unlawful
discrimination may notify GHA either orally or in writing. Notifications made orally will be
documented in writing by GHA staff to include complaint description, applicant/participant
name, date, and the name of the staff person taking the complaint.
Within 10 business days of receiving the complaint, GHA will provide a written notice to
those alleged to have engaged in the discrimination. GHA will also send a copy of the
written notice to the complainant, as well as information on how to complete and submit
a housing discrimination complaint form to HUD's Office of Fair Housing and Equal
Opportunity (FHEO).
GHA will conduct an investigation into all allegations of discrimination. Within 10 business
days following the conclusion of GHA’s investigation, GHA will provide the

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Complainant and those alleged to have engaged in the discrimination written findings and
either a proposed corrective action plan or an explanation of why corrective action is not
warranted. If the parties agree to accept the recommended corrective action, GHA will
monitor the parties’ progress in implementing the corrective action plan until all items are
completed. If the complaint cannot be resolved consensually, GHA will forward a copy of
the Complaint to HUD’s Office of Fair Housing and Equal Opportunity (FHEO).
GHA will keep a record of all complaints, investigations, notices, and corrective actions.
1.4 PROGRAM ACCESSIBILITY
GHA will take all necessary actions to ensure the PH program is accessible to persons
with disabilities. The terms disability and a person with disabilities are used in two contexts
– for civil rights protections, and for program eligibility purposes. Each use has specific
definitions. When used in context of protection from discrimination or improving the
accessibility of housing, the civil rights-related definitions apply (see 24 CFR § 8.3; 24 CFR
§ 100.201; 28 CFR §§ 35.104,108). When used in the context of eligibility under the PH
program, the program eligibility definitions apply.
Important considerations:
(1) The meaning of a person with disabilities does not exclude persons who have the
disease of acquired immunodeficiency syndrome (AIDS) or any conditions arising from
the etiologic agent for AIDS.
(2) The meaning of a person with disabilities does not include a person whose disability
is based solely on any drug or alcohol dependence (for eligibility purposes).
(3) A person who qualifies as a person with disabilities also qualifies as an individual with
disables, as defined in 24 C.F.R. § 8.3, for purposes of reasonable accommodation and
program accessibility for persons with disabilities.

1.4.1 Federal Nondiscrimination Definition of Disability
Federal nondiscrimination laws define a person with a disability to include any:
(1) individual with a physical or mental impairment that substantially limits one or
more major life activities;
(2) individual with a record of such impairment; or
(3) individual who is regarded as having such an impairment.
In general, a physical or mental impairment includes, but is not limited to, examples of
conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy,
autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes,
Human Immunodeficiency Virus (HIV), developmental disabilities, mental illness, drug
addiction, and alcoholism.

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Some impairments are readily observable, while others may be invisible. Observable
impairments may include, but are not limited to, blindness or low vision, deafness or being
hard of hearing, mobility limitations, and other types of impairments with observable
symptoms or effects, such as intellectual impairments (including autism), neurological
impairments (e.g., stroke, Parkinson’s disease, cerebral palsy, epilepsy, or brain injury),
mental illness, or other diseases or conditions that affect major life activities or bodily
functions.
The term “major life activities” includes those activities that are important to daily life.
Major life activities include, for example, walking, speaking, hearing, seeing, breathing,
working, learning, performing manual tasks, and caring for oneself. There are other major
life activities that are not on this list. Major life activities also include the operation of major
bodily activities, such as the functions of the immune system, special sense organs and
skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain,
respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal,
and reproductive systems.
Under regulations implementing the ADA Amendments Act of 2008 some types of
impairments will, in virtually all cases, be found to impose a substantial limitation on a
major life activity resulting in a determination of a disability. Such impairments are
“predictably assessed” as disabilities by the very nature of the impairment as substantially
limiting a major life activity or major bodily function. Examples include deafness,
blindness, intellectual disabilities, partially or completely missing limbs or mobility
impairments requiring the use of a wheelchair, autism, cancer, cerebral palsy, diabetes,
epilepsy, muscular dystrophy, multiple sclerosis, Human Immunodeficiency Virus (HIV)
infection, major depressive disorder, bipolar disorder, post-traumatic stress disorder,
traumatic brain injury, obsessive compulsive disorder, and schizophrenia. This does not
mean that other conditions are not disabilities. It simply means that in virtually all cases
these conditions will be covered as disabilities.
In general, the definition of a “qualified individual with a disability” shall not include any
participant or applicant who is currently engaging in the illegal use of drugs, when the
covered entity acts on the basis of such use. However, this exclusion does not apply to
an individual who has successfully completed a supervised drug rehabilitation program
and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated
successfully and is no longer engaging in such use; is participating in a supervised
rehabilitation program and is no longer engaging in such use; or is erroneously regarded
as engaging in such use, but is not engaging in such use.

1.4.2 Eligibility Definition of Disabled Family
A disabled family, which means a family whose head, co-head, spouse, or sole member,
is a person with disabilities; or two or more persons with disabilities living together; or one
or more persons with disabilities living with one or more live-in aides. A person with
disabilities means a person who:

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1) Has a disability as defined in 42 U.S.C. § 423(d)(1).
2) Has a physical, mental or emotional impairment that is expected to be of
long-continued and indefinite duration, substantially impedes his or her
ability to live independently, and is of such a nature that ability to live
independently could be improved by more suitable housing conditions; or
3) Has a developmental disability as defined in 42 U.S.C. § 15002(8) (formerly
codified in 42 U.S.C. § 6001).

1.4.3 3.4.3 Deaf, Hard of Hearing, or Vision Impaired Persons
HUD regulations require the GHA to ensure that persons with disabilities due to hearing
and (deaf or hard of hearing) vision impairments have reasonable access to programs
and services [24 CFR 8.6].
GHA shall inform all applicants that all application and program materials are available in
alternative forms, not just as standard printed hard copies using normal size text. Such
other methods of communication may include audio files, large printed materials, Braille,
American Sign Language video translations, or other electronic copies or options. The
applicant will be informed of the alternative methods of accessing these materials during
his/her initial contact with a representative of GHA.
Accessibility will also be ensured during any personal interactions with GHA. In public
meetings or presentations, or in individual meetings with GHA staff, one-on-one
assistance will be provided as needed. Additionally, a third-party representative (a friend,
relative or advocate) can be authorized by the applicant/participant to receive, interpret
and explain housing materials and be present at all meetings.

1.4.3.1 Deaf or Hard of Hearing
To meet the needs of persons who are deaf or hard of hearing, GHA will ask participants and
applicants their preferred method for communicating, which may include calling them on their
own specialized equipment, such as videophones, captioned phones, amplified phones, or
texting cellular phones, or providing emails. Primary consideration will be given to the participant
or applicant's preferred method of communication. Sign language interpretation by qualified and
licensed interpreters will be made available upon request. Additionally, a third-party
representative (a friend, relative or advocate) can be authorized by the applicant/participant to
receive, interpret, and explain housing materials and be present at all meetings.
It is GHA’s responsibility to ensure effective communication with applicants and participants,
including the appropriate use of interpreters. GHA will not require an applicant or participant or
their designated point of contact to bring their own interpreter for normal business.
The only exceptions are for the following situations:
(1) In an emergency involving an imminent threat to the safety or welfare of an individual or the
public, an adult or minor child accompanying a person who uses sign language may be relied
upon to interpret or facilitate communication only when a qualified interpreter is not available.

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(2) In situations not involving an imminent threat, an adult accompanying someone who uses
sign language may be relied upon to interpret or facilitate communication when a) the individual
requests this, b) the accompanying adult agrees, and c) reliance on the accompanying adult is
appropriate under the circumstances.
These exceptions do not apply to minor children.
GHA may not rely on an accompanying adult to act as an authorized representative to interpret
when there is reason to doubt the person’s impartiality or effectiveness, even in exceptional
situations.

1.4.3.2 Vision Impaired
To meet the needs of persons with vision impairments, notices and brochures will be
available in alternative formats such as large-print, Braille, or audio files.

1.4.3.3 Physical Accessibility
GHA complies with all regulations ensuring to physical accessibility for the disabled,
including:
1. Notice PIH 2010-26
2. Section 504 of the Rehabilitation Act of 1973
3. The Americans with Disabilities Act of 1990
4. The Architectural Barriers Act of 1968
5. The Fair Housing Act of 1988

The design, construction, or alteration of GHA facilities must conform to the Uniform
Federal Accessibility Standards (UFAS). Newly- constructed facilities must be designed
to be readily accessible to and usable by persons with disabilities. The design and
construction requirements include accessible public and common use areas, doors that
are wide enough to allow passage by people using wheelchairs, accessible routes into
and through the units, accessible light switches, electrical outlets, and thermostats,
reinforcements in bathroom walls for grab bars and usable kitchens and bathrooms.
Physical accessibility requirements also apply to any alterations of existing housing and
non-housing facilities. Under Section 504 regulations, alterations include any change in a
facility or a change to its permanent fixtures or equipment. If alterations are undertaken to
a multifamily housing project that has fifteen or more units and the cost of the alterations is
75 percent or more of the replacement cost of the completed facility, this qualifies as
“substantial alteration,” in which all of the new construction provisions of HUD’s Section
504 regulation apply. Alterations to existing facilities that do not meet this unit number
and cost threshold must be accessible to the maximum extent feasible unless the physical
modification amounts to an undue financial and administrative burden or a fundamental
alteration of the program.

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1.5 OUTREACH ACTIVITIES
HUD requires a specified percentage of extremely low-income families must be admitted
to the PH program and GHA must take steps to ensure there are a sufficient number of
applicants to expend the resources that have been allotted. Extremely low-income
families are defined as those families whose incomes meet the very low-income threshold
(50% of area median income) and do not exceed the higher of the federal poverty line or
30% of area median income. Additionally, to provide diversity in housing choice
opportunities to families, GHA strongly encourages program participation by owners of
units located outside areas of poverty or minority concentration. The following activities
are designed to ensure effective outreach to potential applicants/participants and rental
property owners.

1.5.1 Applicant/Participant Outreach and Affirmative Marketing
GHA will conduct extensive outreach and community engagement designed to reach and
serve a diverse population of low-income persons, with special attention paid to outreach
for people with disabilities, elderly individuals, persons with limited English proficiency
(LEP), or underserved populations. Outreach activities will be regularly re-evaluated to
ensure they do not inadvertently prefer or exclude members of protected classes.
Specifically, GHA will:
1. Actively seek to identify and reach underserved populations
2. Utilize data regarding the LEP population to adjust communication and outreach
3. Compare applicant/participant demographics to population demographics to
monitor outreach performance
4. Adjust outreach and communication efforts if a comparison suggests that certain
populations are being underserved
5. Establish partnerships with community organizations that serve the following
populations:
1) Low-income households
2) LEP persons
3) Disabled populations
6. Maintain a comprehensive database of community partners
7. Develop and distribute collateral material to community partners designed to
explain how their clients can access housing programs and services
8. Engage with community partners to share program information with their clients
9. Enlist support from community partners to assist clients in completing the pre-
application process or to host intake workshops
10. Coordinate with the Glendale Public Affairs team to develop a Strategic Marketing
& Communication Plan when opening waitlists
11. Seek feedback from community partners on communication strategies and
collateral material to be provided in alternative formats that will address the needs
of the visually impaired and LEP populations (may include Braille, large print, and

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audio format and will be determined based on feedback from community
organizations)
To publicize the availability and nature of housing assistance, GHA will utilize the following
resources when publishing information regarding our programs, opening the waitlist, and
application process:
1. State, local, and minority or special interest newspapers or publications
2. www.glendaleaz.com and www.glendaleazlibrary.com
3. Local officials, government agencies, and agencies that specifically address the
needs of individuals with disabilities or underserved populations
4. Community partners
5. City and community partner social media channels

2.0 REASONABLE ACCOMMODATION, MODIFICATION, AUXILIARY
AIDS AND SERVICES FOR PERSONS WITH DISABILITIES
Section 504 of the Rehabilitation Act of 1973, as amended is the law that prohibits
disability discrimination in programs receiving HUD funds or financial assistance and is
applicable to the PH program. GHA’s policies and practices are designed to provide equal
access to all applicants and participants with disabilities by providing reasonable
accommodation, modification, auxiliary aids and services necessary to accommodate a
disability.

2.1 Non-Discrimination for Persons with Disabilities
Federal law makes it illegal for an otherwise qualified individual with a disability, because
of his or her disability, to be excluded from the participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving federal financial
assistance. An individual with a disability, who is also otherwise qualified for the program,
service or activity, is covered under Section 504. To be qualified means the individual
meets the essential eligibility requirements, including, for example, income requirements
for tenancy, if the program is a housing program, provided those eligibility requirements
are not discriminatory and can be met with or without reasonable accommodations,
reasonable modifications, or auxiliary aids and services necessary for effective
communication.

2.2 Verification of Disability
If a person’s disability is obvious, or otherwise known to the GHA, and if the need for the
requested accommodation is also readily apparent or known, no further verification will
be required1.
If a participant or applicant indicates that an accommodation is required for a disability
that is not obvious or otherwise known to the GHA, the GHA must verify that the person
meets the definition of a person with a disability, and that the limitations imposed by the

1 Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act

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disability require the requested accommodation and it will enhance the participant or
applicant’s access to the GHA’s programs and services.
All information related to a person’s disability will be treated in accordance with the
confidentiality policies provided in this Plan. In addition to the general requirements that
govern all verification efforts, the following requirements apply when verifying a disability:
1. Third-party verification must be obtained from an individual identified by the
participant or applicant who is competent to make the determination. A doctor or
other medical professional, a peer support group, a non-medical service agency,
or a reliable third party, family, member, or friend who is in a position to know about
the individual’s disability may provide verification of a disability.
2. The GHA must request only information that is necessary. The GHA will not inquire
about the nature or extent of any disability.
3. Medical records will not be accepted or retained in the participant file.
4. In the event that the GHA does receive confidential information about a person’s
specific diagnosis, treatment, or the nature or severity of the disability, the GHA
will dispose of it. If the information needs to be disposed, the GHA will note in the
file that the disability and other requested information have been verified, the date
the verification was received, and the name and address of the knowledgeable
professional who sent the information2.

2.3 DEFINITIONS OF REASONABLE ACCOMMODATION,
MODIFICATION, AND AUXILIARY AIDS AND SERVICES
2.3.1 Reasonable Accommodation
A reasonable accommodation is a change, exception, or adjustment to a rule, policy,
practice, or service that may be necessary for a person with disabilities to have an equal
opportunity to use and enjoy a dwelling, including public and common use spaces, or to
fulfill their program obligations. Please note that the ADA often refers to these types of
accommodations as “modifications.”
Any change in the way things are customarily done that enables a person with disabilities
to enjoy housing opportunities or to meet program requirements is a reasonable
accommodation. In other words, reasonable accommodations eliminate barriers that
prevent persons with disabilities from fully participating in housing opportunities. Housing
providers may not require persons with disabilities to pay extra fees or deposits or place
any other special conditions or requirements as a condition of receiving a reasonable
accommodation.
Since rules, policies, practices, and services may have a different effect on persons with
disabilities than on other persons, treating persons with disabilities exactly the same as

2 Notice PIH 2010-26

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others will sometimes deny persons with disabilities an equal opportunity to enjoy a
dwelling or participate in the program. Not all persons with disabilities will have a need to
request a reasonable accommodation. However, all persons with disabilities have a right
to request or be provided a reasonable accommodation at any time.

2.3.2 Reasonable Modification
Under the Fair Housing Act, a reasonable modification is a structural change made to
existing premises, occupied or to be occupied by a person with a disability, in order to
afford such person full enjoyment of the premises. Reasonable modifications can include
structural changes to interiors and exteriors of dwellings and to common and public use
areas. Examples include the installation of a ramp into a building, lowering the entry
threshold of a unit, or the installation of grab bars in a bathroom
Under Section 504, a housing provider is required to provide and pay for the structural
modification as a reasonable accommodation unless it amounts to an undue financial and
administrative burden or a fundamental alteration of the program. If an undue burden or
fundamental alteration exists, the recipient is still required to provide any other reasonable
accommodation up to the point that would not result in an undue financial and
administrative burden on the particular recipient and/or constitute a fundamental
alteration of the program.

2.3.3 Auxiliary Aids and Services
Under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, GHA
is obligated to take appropriate steps to ensure effective communications with individuals
with disabilities and is required to take appropriate steps that may be necessary to ensure
that communications with individuals with disabilities are as effective as communications
with individuals without disabilities.
Effective communication is generally provided through the use of appropriate auxiliary
aids and services, such as interpreters, computer-assisted real time transcription (CART),
captioned videos with audible video description, visual alarm devices, a talking
thermostat, accessible electronic communications and websites, documents in alternative
formats (e.g., Braille, large print), or assistance in reading or completing a form, etc.
This requirement applies to all oral, written, audible, visual, and electronic
communications, including letters, notices, emails, social media, internet websites, forms,
leases, rules, and other written documents and electronic media, as well as oral
communications that occur in person, over the telephone, over the internet, and in
interviews, meetings, training classes, hearings, and public presentations, when
communicating with an individual with a disability or when such communications are
expected.
Under the effective communication requirement, steps must be taken to ensure that
communications are provided in the most integrated setting appropriate for the individual

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with a disability. It is also necessary to give primary consideration to the means of
communication preferred by the individual with a disability.

2.3.4 Requesting a Disability-Related Accommodation
For purposes of this section, “disability-related accommodation” refers to any request/s
for Reasonable Accommodation, Modification, or Auxiliary Aid and Service.
GHA will encourage the individual or participant/applicant to make requests for a
disability-related in writing whenever possible as soon as it appears an accommodation
is needed. But, if an applicant or participant indicates that an exception, change, or
accommodation to a rule, policy, practice, service or dwelling unit is needed because of
a disability, the request will be treated as a request for a disability-related accommodation,
even if no formal or written request is made3. A disability-related accommodation may
also be made by GHA or the housing provider if the need for one is obvious.
There must be an identifiable relationship, or nexus, between the request and the
individual's disability. In cases where the need for the accommodation is not readily
apparent or known, the participant/applicant must explain the relationship between the
requested adjustment and the disability.
2.3.4.1 Examples of Disability-Related Accommodations
The types of disability-related accommodations GHA can provide include changes,
exceptions, or adjustments to a rule, policy, practice, or service. Some examples to meet
the needs of persons with disabilities which can be requested by applicants or participants
are included here for illustrative purposes only, this is not an inclusive list of the types of
Reasonable Accommodation, Modification, and Auxiliary Aids and Services that can be
provided.
1. Assigning an accessible parking space for a person with a mobility impairment.
2. Permitting a tenant to transfer to a ground-floor unit.
3. Adding a grab bar to a tenant’s bathroom.
4. Permitting an applicant to submit a housing application via a different means.
5. Permitting an assistance animal in a "no pets” building for a person who is deaf,
blind, has seizures, or has a mental disability.
6. Permitting applications and re-examinations to be completed by mail, telephone,
video conference, electronically, or walk-in.
7. Providing “large-print” forms or auxiliary aids, such as a sign language interpreter
or documents published in Braille.
8. Conducting home visits.
9. Permitting an authorized designee or advocate to participate in the application or
certification process and any other meetings with GHA staff.

3 Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair
Housing Act

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2.4.0 Reviewing Disability-Related Accommodation
GHA is required to make reasonable accommodations to rules, policies, practices and
procedures in order to enable an applicant or resident with a disability to have an equal
opportunity to use and enjoy the housing unit, the common areas of a dwelling or
participate in or access programs and activities conducted or sponsored by GHA and/or
recipient. When a family member requires a policy modification to accommodate a
disability, GHA must make the policy modification unless doing so would result in a
fundamental alteration in the nature of its program or an undue hardship on the GHA
programs.
GHA is not required to accommodate an individual with a disability by modifying a rule or
policy that is required by statute. Such a change would be a fundamental alteration of a
program.4 GHA does not permit the use of medical marijuana as a reasonable
accommodation, modification, or auxiliary aid and service in any of its subsidized or
assisted housing programs.5
2.4.1 Approval/Denial of a Disability-Related Accommodation
GHA may deny a disability-related request if the request was not made by or on behalf of
a person with a disability or if there is no disability-related need for the adjustment. In
addition, a disability-related request may be denied if providing the request is not
reasonable – i.e., if it would impose an undue financial and administrative burden on GHA
or it would fundamentally alter the nature of GHA’s operations.
The determination of undue financial and administrative burden must be made on a case-
by-case basis involving various factors, such as the cost of the request, the financial
resources of GHA, the benefits that the request would provide to the requester, and the
availability of alternatives that would effectively meet the requester's disability-related
needs.
If GHA refuses a request on the basis that it is not reasonable, GHA will discuss with the
requester whether there is an alternative that would effectively address the requester's
disability-related needs without a fundamental alteration to GHA’s operations and without
imposing an undue financial and administrative burden. If an alternative would effectively
meet the requester's disability-related needs and is reasonable, GHA must grant it.
An interactive process in which GHA and the requester discuss the requester's disability-
related needs and possible alternatives is helpful to all concerned because it often results
in an effective accommodation, modification, or auxiliary aid and service for the requester
that does not pose an undue financial and administrative burden for the provider.6

4 HUD NOTICE PIH 2010-26 (HA) https://www.hud.gov/sites/documents/10-26pihn.doc
5 HUD General Counsel Opinions on Medical Marijuana, 2/10/2011, 12/29/2014
6 May 17, 2004 Joint Statement of HUD and DOJ Reasonable Accommodations Under The Fair Housing Act
https://www.hud.gov/sites/dfiles/FHEO/documents/huddojstatement.pdf

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GHA will provide an initial determination as to whether the requested accommodation,
modification, or auxiliary aid and services can be made as soon as possible, but in no
case shall the response time exceed ten (10) business days from the date the request
was made verbally or in writing.
If an interactive process is used, GHA will provide a determination as to whether the
requested accommodation, modification, or auxiliary aid and services can be made as
soon as possible, but in no case shall the response time exceed ten (10) business days
from the date of the most recent discussion or communication with the individual or
participant/applicant.
If the individual or participant/applicant disagrees with GHA’s final written determination,
he or she may file a complaint with HUD FHEO.

2.4. Alternative Voucher Use as Reasonable Accommodation
In order to meet requirements of HUD Public and Indian Housing (PIH)Notice 2006-13,
Non-discrimination and Accessibility for Persons with Disabilities, if the accessible unit
does not meet the needs of the person/family requesting a reasonable accommodation,
and if the change will create an undue financial hardship or administrative burden,
Glendale Housing will make available a Section 8 Voucher up to the number stated below.
There are a limited number of vouchers available for this purpose to ensure Glendale
Housing can meet the requirement for five percent of units in a project to be accessible
and up to two percent accessible for persons with hearing impairment. The use of a
voucher for this purpose is not designed to give the family a voucher option that is
normally unavailable to conventional public housing applicants, nor is it designed for a
public housing-eligible family to receive a voucher if there are no vacancies. The family
will remain assisted under conventional public housing and will be limited to the
conventional public housing policies and regulations.
The number of vouchers available for this use is minimal, and only four total vouchers will
be made available for this program. The six vouchers are comprised of:
One Bedroom Unit – 1
Two Bedroom Unit – 2
Three Bedroom Unit – 2
Four Bedroom Unit – 1
As Glendale Housing increases its number of accessible public housing units, the
available alternative voucher count will be reduced accordingly.

The family will not be considered admitted to the Section 8 program. When the person
needing the accommodation is no longer a member of the household, the remaining
family must move into public housing to continue receiving assistance.

If the household composition changes for persons other than the qualifying person, the
assistance will also be reduced accordingly.

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3.0 SMOKE FREE POLICY (§965.653) §FR 5597-F-03)

No person may use, smoke, hold or carry lighted tobacco in any form, hereafter referred
to as smoking, including cigarettes, pipes, cigars, water pipes/hookahs, and EDS
containing prohibited tobacco products or any other natural or synthetic product intended
for inhalation, including medical marijuana on Glendale Housing Authority property and
in any of its structures. This policy was developed to:

1. Protect tenants from the medical hazards of second-hand smoke;
2. Protect lives and property from fires due to smoking accidents; and
3. Reduce turnover costs associated with smoke damage in our residential units.

This policy applies to everyone living on the property, and their aides, guests and visitors.
Each resident is responsible for his or her guests or visitors. Violations of this policy by
an aide, guest or visitor will be considered a violation made by the resident(s) head of
household. Any costs incurred by the Glendale Housing Authority due to a violation of this
policy by a resident, an aide, visitor, or guest shall become the financial obligation of the
resident(s) head of household.

3.1 Definitions
Electronic Delivery System (EDS) means any product that can be used to deliver
aerosolized or vaporized nicotine, medical marijuana or any other substance to the
person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-
pipe, or vape pen.

Medical Marijuana means” all parts of any plant, including the seeds, of the genus
cannabis, whether growing or not, used to treat or alleviate a debilitating medical condition
or symptoms associated with a debilitating medical condition. The smoking of medical
marijuana by any household member, guest, or visitor, with a medical marijuana card is
considered a violation of this policy and the Public Housing Dwelling Lease
.
Prohibited Tobacco Products means items that involve the ignition and burning of tobacco
leaves, such as (but not limited to) store bought or hand-rolled cigarettes, pipes, cigars,
water pipes/hookahs, and EDS.

Restricted areas. Smoking is not allowed anywhere on the grounds of the public housing
communities, such as: Lamar Homes, Glendale Homes and Cholla Vista Apartments.
This includes inside the units, interior and exterior common areas, parking lots, inside
vehicles in the parking lots, any administrative offices and maintenance facilities, and
within 25 feet of public housing and other City-owned structures.

Smoking. The term “smoke” or “smoking” means inhaling or exhaling smoke, aerosol, or
vapor from any lighted or heated cigar, cigarette, pipe, water pipe/hookah, or EDS
containing tobacco products or any other natural or synthetic product, including medical
marijuana. “Smoke” or “smoking” also includes burning, heating, lighting, or using a cigar,

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cigarette, pipe, water pipe/hookah, or EDS containing tobacco products, or any other
natural or synthetic product intended for inhalation, including medical marijuana.

3.2 Phase in Period
All residents must sign a new lease or addendum incorporating this policy into the lease
and sign a form attached to the end of this acknowledging their understanding of the
Smoke-Free Policy.

The Glendale Housing Authority has formed a partnership with the American Lung
Association to assist people who want to begin their effort to quit smoking even before
the new Smoke-Free Policy goes into effect. People desiring a referral should contact the
Glendale Community Housing administrative office at 623-930-3718. If this, or any other
agency cannot accept a resident or applicant into its stop smoking program, this is not a
valid reason to violate the Smoke-Free Policy. This policy must be complied with at all
times.

The fact that an applicant smokes is not a valid reason for rejecting an applicant for public
housing. However, smokers admitted to GHA properties are expected to comply with the
policy immediately upon their admission to public housing. For this reason, the Glendale
Housing Authority will offer a referral to a smoking cessation program both upon a request
to join the public housing waiting list and upon reaching the top of the waiting list and
getting close to being offered a public housing unit. Whether an applicant or resident takes
advantage of the referral is up to the applicant.

3.3 Reasonable Accommodation Requests
An addiction to nicotine or smoking is not a disability. However, a person with a disability
may request a reasonable accommodation if they are a smoker. Reasonable
accommodations may be made, where warranted in the sole discretion of the Glendale
Housing Authority.

3.4 Penalties for Violating this Policy
Violations of the Smoke Free Policy are violations of the Public Housing Dwelling Lease.
If a resident, aide, visitor, or guest violates this policy the following penalties shall be
enforced. Tenants are responsible for their aids, visitors, and guests. The graduated
penalties for violating the policy will be as follows:

First Offense
Oral Warning
Second Offense
Written Warning
Third Offense
Final Written Warning and a Referral to a Smoking Cessation
Program if the violator is a resident
Fourth Offense
Termination

All penalties assessed against a resident will be documented in the resident’s file.

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3.5 Disclaimer
The Glendale Housing Authority’s adoption of this policy does not change the standard of
care it has for the living units or common areas. The Glendale Community Housing
Authority specifically disclaims any implied or express warranties concerning the air
quality in either the living units or common area. There is no warranty or promise that the
air will be smoke free.

4.0
SERVICES FOR LIMITED ENGLISH PROFICIENCY (LEP)
APPLICANTS AND RESIDENTS

Language can be a barrier to accessing housing benefits and other federally funded
programs. GHA is committed to providing meaningful access to its programs and services
to all eligible persons, including those who have Limited English Proficiency, and will take
reasonable steps to communicate with people who need services or information in a
language other than English. LEP is defined as persons who do not speak English as
their primary language and who have a limited ability to read, write, speak or understand
English. For the purposes of this policy, PH program applicants or participant households
may qualify as LEP persons. GHA offers language assistance at no cost to the LEP
person.
GHA has adopted a Language Access Plan (LAP) to evaluate the needs of LEP persons.
A review is conducted in even numbered years to determine if there have been any
significant changes in the composition or language needs of the LEP population served
by GHA. The Language Access Plan is developed using the four-factor analysis7 outlined
in federal guidance to determine if other LEP services are needed.
GHA undertakes the following activities to meet the needs of LEP applicants/participants:
1. Spanish translation offered by approved GHA employees.
2. Oral translation services in any other language provided through Language Line
Solutions.
3. Notice of the right to receive free, competent oral interpretation services is posted
on the city’s website, on all forms, and in the lobby of the administrative office in
the primary language of the largest LEP language group (Spanish speakers).
4. Written translated documents available through HUD website for Fair Housing and
Lead Based Paint in Spanish and other languages that may seek access to our
programs.
5. Use language identification and “I speak” cards provided at www.lep.gov to inform
applicants and participants of language assistance services.
6. All application materials and critical program documents are available in English,
Spanish, Mandarin, Vietnamese, Farsi, Arabic and Burmese. Any other necessary
translations will be made using Language Line Solutions.

7 January 22, 2007 Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against
National Origin Discrimination Affecting Limited English Proficient Persons; Notice published in the Federal Register.

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7. Track oral interpretation needs of visitors and callers to GHA administrative offices
as well as for applicants and participants to periodically assess the language
assistance that is needed.

5.0
FAMILY OUTREACH

GHA will publicize the availability and nature of the Public Housing Program for extremely
low-income, very low- and low-income families in a newspaper of general circulation, and
by other suitable means, including posting notices on the City’s website and social media
pages and circulating the notices directly to housing partners, community groups and
charitable organizations..

To reach people who cannot or do not read the newspapers, GHA will notify the public
through updates to web postings and contacts with community service personnel. GHA
will also utilize public service announcements.

GHA will communicate the status of housing availability to other service providers in the
community and inform them of housing eligibility factors and guidelines so they can make
proper referrals for the Public Housing Program.

6.0
RIGHT TO PRIVACY

All adult members of both applicant and tenant households are required to sign HUD
Form 9886 Authorization for Release of Information and Privacy Act Notice and 9887,
Notice and Consent for the Release of Information annually. The Authorization for
Release of Information and Privacy Act Notice states how family information will be
released and includes the Federal Privacy Act Statement.

Any request for applicant or tenant information will not be released unless there is a
signed release of information request from the applicant or tenant, and then only within
the limits as allowed by law. GHA will not release participants’ addresses in order to
protect their privacy and to allow them to live in the community without public knowledge
of their receipt of federal rental assistance and to avoid any negative perception or
stigmatization of any neighborhood or community with residents receiving PH assistance.

7.0
REQUIRED POSTINGS (§966.5)

In each of its offices, GHA will post, in a conspicuous place and at a height easily read by
all persons including persons with mobility disabilities, a notice that the following
information is available upon request:

1. Statement of Policies and Procedures governing Admission and Continued
Occupancy

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2. A listing of all the developments by name, address, number of units, units designed
with special accommodations, address of all project offices, office hours, telephone
numbers, TDD numbers, and Resident Facilities and operation hours

3. Utility Allowance Schedule

4. Current Schedule of Routine Maintenance Charges

5. Dwelling Lease

6. Grievance Procedure

The following shall also be posted in the lobby of the housing administrative office:

1) Notice of the status of the waiting list (opened or closed)

2) Income Limits for Admission

3) Fair Housing Poster

4) Equal Opportunity in Employment Poster

5) Any current GHA Notices

6) Most recent GHAS and Capital Fund score and designation

8.0
APPLICATIONS (§982.203)

HUD regulations require that all families have an equal opportunity to apply for and
receive housing assistance. Adherence to the selection policies described in this chapter
ensures that GHA is compliant with all relevant fair housing requirements as described in
Chapter 1.
This chapter describes HUD and GHA policies for taking pre-applications, managing the
waiting list, and selecting families for assistance.
HUD requires GHA to place all families/households that apply for assistance on a waiting
list. When a PH unit becomes available, GHA must select families from the waiting list in
accordance with HUD requirements and GHA policies as stated in this Admissions and
Continued Occupancy Plan (ACOP) and the annual plan. GHA is required to maintain a
waiting list for the PH program that has a sufficient number of eligible applicants to ensure
that turnover units are filled as quickly as possible to eligible applicants. At the same time,
the waiting list should not be allowed to grow to such a size that the wait for housing is
unreasonable.
When soliciting interest and processing applications for the program, GHA will ensure that
applicants have the ability to submit all application materials and forms online, in person,
via fax, mail, email, or through telephonic intake. Alternate formats will be available for

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anyone needing a reasonable accommodation, modification, or auxiliary aid and service
by contacting the GHA office. GHA will also strive to accommodate individuals that do not
have computer access by providing assistance with the pre-application at the Glendale
Public Libraries.
GHA utilizes a three-step process to generate a waiting list.
1. Application (solicitation of interest)
2. Lottery drawing to establish the waiting list
3. Submission of a formal application and required documents

8.1 Applications
The application process will be opened at times and in quantities necessary to obtain the
quantity and variety of applicants needed to meet HUD requirements. Any interested party
can submit an application form to signify that they want to be included in the lottery
drawing. The application form collects limited information about the applicant and housing
needs to include name, address, household size, estimate of income, and information
about special circumstances that may qualify applicants for local preferences identified in
Chapter 13 of this plan. Applications will only be accepted during a specific open pre-
application process. Submitting a application does not guarantee a position on the waitlist.
Anyone can submit an application. No one will be denied the right to request or submit an
application when the process is open.

8.2 Opening the Application Process
Notice of opening the application process shall be made in accordance with the
specifications identified in this plan. application intake will occur only during publicly
announced periods of time. The announcement will occur a minimum of 30 days prior to
opening the Application Waiting List process and will include the following:
1. Start date and time for submitting applications
2. Methods by which applications can be made
3. Information on how to request a reasonable accommodation, modification, or
auxiliary aids and services
4. Locations where interested parties can obtain paper applications
5. Telephone number, website, and email address to inquire about the process
6. Information to be provided on the application
7. Number of applications that will be drawn from the pool of submitted applications
to populate the Waiting List
8. Closing date and time for submitting applications.

All notices will include the Fair Housing logo and slogan and otherwise will comply with
Fair Housing requirements.

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8.3 Closing the Application Process
The application process shall be closed no sooner than 21 calendar days after it was
opened to allow for adequate outreach and to accommodate any persons who may need
assistance submitting a application for the program. Individuals that require a reasonable
accommodation, modification, auxiliary aide or service to apply must notify GHA of their
request prior to the closing of the application process in order to be included in the lottery
drawing.
The application Waiting List period will close upon the expiration of the number of days
identified in the notice as provided in see above. No additional Notice will be provided
prior to closing the Waiting List pre-application period.
8.4 LOTTERY TO ESTABLISH THE WAITING LIST
When the application period has closed, only applications received prior to the deadline
and individuals who requested a reasonable accommodation but have not yet completed
the application will be included in the lottery selection pool. GHA will utilize a computerized
random selection process to draw a determined number of applications for the waiting
list. The applications selected during the lottery process will comprise the Waiting
List until the next application process takes place.
All heads of household that were not selected for the Waiting List will be notified and
provided with information on how to receive future notifications of application Waiting List
being open.
8.5 ORGANIZING THE WAITING LIST (§982.204)
Once the Waiting List has been generated randomly, an applicant’s priority may change
based on the number of preferences claimed (the higher the number of preferences, the
higher the applicant’s priority). An applicant with no preferences may drop in priority if
others drawn after him have greater preference(s). The waiting list will be maintained in
accordance with the following guidelines:
1. The applicant will be informed in writing of:
1) Assigned Waiting List order
2) How to check status of the Waiting List
3) Applicants are required to report to GHA any changes in family composition
or address within 10 days of the change as changes could affect the
applicant's Waiting List status or eligibility for housing.
4) Any applicant knowingly providing false information or fraudulent
statements affecting the applicant's status or eligibility for housing will be
removed from the waiting list.
2. The application will be a permanent file. However, it is subject to records retention
schedules if the applicant is removed from the waiting list in a manner other than
admission to the program (See Chapter 11);

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3. Any significant contact between GHA and the applicant will be documented in the
applicant file.
8.6 PROCESSING THE WAITING LIST

Households will be selected from the waiting list based on the order of priority in
accordance with identified preferences and bedroom size as discussed in Chapter 1.
When a family/household is close to the top of the waiting list, the verification process will
begin. When selected from the waiting list, GHA will first verify that the applicant qualifies
for the claimed preferences to ensure accuracy of the applicant’s position on the Waiting
List. GHA will also verify the household’s stated income. If the family/household does not
appear to meet the preliminary preference or income eligibility, or if the information on the
application is incomplete or appears inaccurate, GHA will attempt to reach the
household/family to verify the application details. If the applicant’s priority on the waiting
list cannot be verified, the family’s name will be returned to the appropriate spot on the
waiting list absent the claimed preferences. GHA must notify the family in writing of this
determination and give the family the opportunity for an informal review.
Once claimed preferences are confirmed, the family/household will be invited to submit a
full application to include documentation to determine eligibility in accordance with the
requirements set forth in Chapter 11. Applicants will be given the opportunity to update
their HUD Form 92006 at that time. Anyone needing assistance with completing a full
application or providing documentation to determine eligibility, including persons with
disabilities or limited English proficiency, will be served in accordance with GHA’s
Program Accessibility policies outlined in section 3.3.
GHA will review all documentation provided for eligibility review. If at any time during the
eligibility review process, GHA determines that the family/household was not eligible for
preferences claimed on the pre-application, the family/household’s name will be returned
to the Waiting List in the order in which they were drawn for the lottery, absent claimed
preferences. GHA must notify the family in writing of this determination and give the family
the opportunity for an informal review.
It is important to note that documents such as Arizona Driver’s License, DES benefits,
Social Security letter will not suffice to prove residency if other documentation disputes
residency, such as bank statements with activity in other locales where residency would
not be possible. Example – out of state transactions with no or minimal local transactions.
Failure to provide all documentation to substantiate claimed preferences will be caused
to remove preference points and place the applicant back on the waiting list in accordance
with the order in which they were drawn as defined in section 7.2. Failure to provide
documentation to comply with eligibility requirements will be caused to be removed from
the Waiting List.
An applicant’s time on the waiting list is dependent upon preferences claimed, available
units, and the federal budget process.

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If an applicant is successfully eligible yet refuses the unit and wants to be put back on the
Waiting List, GHA will do this only once, unless the applicant has good cause for not
selecting to occupy the offered unit. The applicant must request this in writing. GHA will
inform the applicant this can be done only once, as the family will remain at the top of the
waiting list. The next time GHA is seeking to fill the unit, if the family refuses the unit, the
family will be removed from the waiting list, and will have no right to an informal review,
or any other appeal process.
For Waiting List families only, the application will show head of household and co-head.
If, at the time of eligibility the head of household is no longer a part of the household and
has made no contact with GHA, the co-head will become head of the household for
application/waiting list purposes only. During eligibility and offering assistance, the co-
head cannot also be claimed as a spouse (HUD-50058 Guidebook, Section 3:
Household).
A co-head is an individual in the household who is equally responsible with the head of
household for ensuring that the family fulfills all of its responsibilities under the program,
but who is not a spouse. A family can have only one co-head.
8.7 APPLICATION INTERVIEW

Applicants selected from the waiting list are required to participate in an eligibility
interview. Interviews may be conducted in-person or through video conference if
appropriate.
An advocate, interpreter, or other assistant may assist the family with the application and
the interview process. Where an advocate, interpreter or other third party is used to assist
the family, the family and GHA will execute a certification attesting to the role and
assistance of the third-party.
Interviews will be conducted in English. For limited English proficient (LEP) applicants,
GHA will provide translation services in accordance with GHA’s LEP plan (Chapter 4 of
this plan).
If the applicant is unable to attend a scheduled interview, the applicant should contact
GHA in advance of the interview to schedule a new appointment. If an applicant does not
attend a scheduled interview, GHA will send another notification letter with a new
interview appointment time. Applicants who fail to attend two scheduled interviews without
GHA approval will be denied assistance based on the applicant’s failure to supply
information needed to determine eligibility. A notice of denial will be issued in accordance
with policies contained in this chapter.
The head of household and all adult family members will be strongly encouraged to attend
the interview together. However, the head of household or the spouse or a legal
representative (documented through a legal power of attorney or guardianship) may

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attend the interview on behalf of the family. Verification of information pertaining to adult
members of the household not present at the interview will not be undertaken until signed
release forms are returned to GHA.
The head of household or spouse or legal representative must provide acceptable
documentation of legal identity. If the family representative does not provide the required
documentation at the time of the scheduled interview, he or she will be required to provide
it within 10 business days.
Pending disclosure and documentation of social security numbers, GHA will allow the
family to retain its place on the waiting list for 30 days.
The family must provide the information necessary to establish the family’s eligibility and
to determine the appropriate level of assistance, as well as completing required forms,
providing required signatures, and submitting required documentation. If any materials
are missing, GHA will provide the family with a written list of items that must be submitted
and the time frame for submitting the missing information.
Any required documents or information that the applicant is unable to provide at the
interview must be provided within 10 business days of the interview unless otherwise
stated herein. If the applicant is unable to obtain the information or materials within the
required time frame, the applicant may request an extension. If the required documents
and information are not provided within the required time frame (plus any extensions), the
applicant will be sent a notice of denial.
8.8 PURGING THE WAITING LIST

GHA will update and purge its waiting list at least annually.
The purge process will consist of mailing a notice via first class mail, and/or via
electronical mail, if the applicant has a valid email address on file with GHA, to each
applicant requesting they confirm their contact information or update it. The applicant will
also be asked to confirm their continued interest in the program by checking their status
on the waiting list at least annually. If the applicant responds within 30 days of the date of
receipt of the notice, GHA will keep the applicant on the waiting list. If the applicant fails
to confirm/update their address or check their status, the system will automatically send
the applicant a notice of denial. The applicant can then request to be reinstated to the
waiting list if they provide the requested information within 30 days. Reinstatement will
only be allowed once during the time an applicant is on the waiting list.

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8.9 REMOVAL OF APPLICANTS FROM THE WAITING LIST (§982.204)

GHA will not remove an applicant’s name from the waiting list unless:
1. The applicant requests that the name be removed.
2. The applicant fails to update their status annually as provided in this chapter, or
misses scheduled appointments; or the written or electronic mail is returned as
undeliverable; or
3. The applicant does not meet either the eligibility or screening criteria for the
program; or
4. The applicant has been selected off the Waiting List and has offered a unit but has
failed to execute a lease.
1) Provides fraudulent information, verified by GHA and in accordance with
HUD regulations, including any documentation provided by the applicant to
gain admission to the program.
8.10 NOTIFICATION OF NEGATIVE ACTIONS

Any applicant whose name is being removed from the waiting list will be notified by GHA,
in writing, that they have ten (10) business days from the date of the written
correspondence, to present mitigating circumstances or request an informal review, in
writing. The letter will also indicate that their name will be removed from the waiting list if
they fail to respond within the time frame specified.
GHA's system of removing applicants’ names from the waiting list will not violate the rights
of persons with disabilities. If an applicant’s failure to respond to a request for information
or updates was caused by the applicant’s disability, GHA will provide a reasonable
accommodation. If the applicant indicates that they did not respond due to a disability,
GHA will verify that there is in fact a disability and that the accommodation the applicant
is requesting is necessary based on the disability. An example of a reasonable
accommodation would be to reinstate the applicant on the waiting list based on the date
and time of the original application.
GHA will also include the Form HUD 5380, Notice of Occupancy Rights Under the
Violence Against Women Act, Form HUD 5382, and Certification of Domestic Violence
Dating Violence, Sexual Assault, or Stalking and Alternate Documentation Form HUD
5382 in all negative action letters.
8.11 INFORMAL REVIEW
If GHA determines that an applicant does not meet the criteria for receiving public housing
assistance, GHA will promptly provide the applicant with written notice of the
determination. The notice must contain a brief statement of the reason(s) for the decision
and state that the applicant may request in writing an informal review of the decision within
10 business days of the denial. GHA will describe how to obtain the informal review. The

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applicant’s letter must state the reason to overturn the denial. GHA will provide the results
of the informal review in writing only.
If the denial is based on criminal activity, GHA will provide the subject with a copy of the
NCIC criminal record and/or the adverse reference information, and an opportunity to
dispute the record/information. If the applicant/tenant fails to submit a written request for
review within ten working days from receipt of his/her notification of ineligibility, or if the
denial/termination is upheld, the applicant will be denied assistance.
The informal review may be conducted by any person designated by GHA, other than a
person who made or approved the decision under review or subordinate of this person.
The applicant will be given the opportunity to present written objections to GHA's decision.
GHA must notify the applicant of the final decision within 10 business days after the
informal review, including a brief statement of the reasons for the final decision.
The applicant may request that GHA provide for an Informal review after the family has
notification of an INS decision on their citizenship status on appeal, or in lieu of request
of appeal to the INS. The applicant must make this request within 30 calendar days of
receipt of the Notice of Denial or Termination of Assistance, or within 30 calendar days of
receipt of the INS appeal decision.
For the participant families, the Informal Hearing Process above will be utilized with the
exception that the participant family will have up to 30 calendar days of receipt of the
Notice of Denial or Termination of Assistance, or of the INS appeal decision.
An applicant’s voluntary withdrawal is not subject to an informal review or appeal process.
When an informal or formal hearing is scheduled and the applicant has been notified of
the date and time and does not attend the hearing or call to notify GHA of a problem, the
decision will default on behalf of GHA.
If the applicant provides proof of an emergency that precluded attendance at the hearing,
at the discretion of GHA, the hearing may be rescheduled.
GHA will reschedule an informal hearing one time with reasonable cause. If the second
scheduled hearing is not attended, the denial or termination will stand, and the appeal
period will expire.
8.12 ADMISSION BASED ON FRAUDULENT OR NON-DISCLOSED
INFORMATION

Once the family is admitted, assistance may be terminated, and they may be evicted if
the GHA discovers their admission was based on fraudulent or omitted information. The
termination and eviction process is the same as would be for other non-complying
participants.

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9.0
ELIGIBILITY FOR ADMISSION

GHA is responsible for ensuring that individuals and families admitted to the PH program
meet all program eligibility requirements. This responsibility includes ensuring the
eligibility of any individual approved to join the family after the family has been admitted
to the program. The family must provide any information needed by GHA to confirm
eligibility and determine the level of the family’s assistance.
It is important to note that HUD program rules account for situations in which some family
members have eligible immigration status, and some do not contend eligible immigration
status. For more information, see Chapter 13.

To be eligible for the PH program:
1. The applicant family must:
1) Qualify as a family as defined by HUD and GHA.
2) Have income at or below HUD-specified income limits.
3) At least one household member is a citizen, national, or noncitizen with
eligible immigration status eligibility.
4) Provide social security number information for household members who are
seeking assistance from the program.
5) Consent to GHA’s collection and use of family information as provided for
in PHA-provided consent forms.
6) Family Assets not to exceed $100,000.00 in assets (adjusted annual for
inflation); the family has a present ownership interest ownership in real
property that is suitable for occupancy by family as a residence.
7) Family will not be admitted to any project for which they do not meet
occupancy requirements.
2. GHA must determine that the current or past behavior of household members
does not include activities that are prohibited by HUD or GHA.

This chapter contains HUD and GHA definitions of family and household members and
explains initial and ongoing eligibility issues related to these members.
9.1 OVERVIEW

Some eligibility criteria and program rules vary depending upon the composition of the
family requesting assistance. In addition, some requirements apply to the family as a
whole and others apply to individual persons who will live in the assisted unit. This part
provides information that is needed to correctly identify family and household members,
and to apply HUD's eligibility rules.
9.2 FAMILY AND HOUSEHOLD; NOTICE PIH 2014- 20]

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The terms family and household have different meanings in the PH program.

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9.3 FAMILY

To be eligible for assistance, an applicant must qualify as a family. Family as defined by
HUD includes, but is not limited, individual persons and a group of persons residing
together, regardless actual or perceived sexual orientation, gender identity, marital status,
age, or disability. Such group includes, but is not limited to, a family with or without
children (a child who is temporarily away from the home because of placement in foster
care is considered a member of the family), an elderly family, a near-elderly family, a
family with a member who is a person with a disability, a family that meets HUD’s definition
of a disabled family, a displaced family, or the remaining member of a tenant family. GHA
has the discretion to determine if any other group of persons qualifies as a family.
9.3.1 GHA POLICY

1. Each family must identify the individuals to be included in the family at the time of
application, and must notify GHA if the family’s composition changes.

2. A family also includes two or more individuals who not related by blood, marriage,
adoption, or other operation of law but who either can demonstrate that the
individuals have lived together previously, or certify that each individual’s income
and other resources will be available to meet the needs of the family.
9.4 HOUSEHOLD
Household is a broader term that includes additional people who live in an assisted unit
with GHA’s permission, but do not receive federal housing assistance. Examples include,
but are not limited to live-in aides, foster children, foster adults and ineligible persons.
9.5 FAMILY BREAK-UP AND REMAINING MEMBER OF TENANT
FAMILY
9.5.1 Family Break-up [24 CFR 982.315; Notice PIH 2017-08]
Except under the following conditions, GHA has discretion to determine which members
of an assisted family continue to receive assistance if the family breaks up:
1. If the family breakup results from an occurrence of domestic violence, dating
violence, sexual assault, or stalking, GHA must ensure that the victim retains
assistance. (For documentation requirements and policies related to domestic
violence, dating violence, sexual assault, and stalking, see Chapter 22 of this plan.)
2. If a court determines the disposition of property between members of the assisted
family, GHA is bound by the court’s determination of which family members
continue to receive assistance.

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9.5.1.1 GHA Policy
When a family on the waiting list breaks up into two otherwise eligible families, only one
of the new families may retain the original application date. Other former family members
may submit a new application with a new application date if the waiting list is open.
If a family breaks up into two otherwise eligible families while receiving assistance, only
one of the new families will continue to be assisted.
In the absence of a judicial decision, or an agreement among the original family members,
GHA will determine which family retains their placement on the waiting list or will continue
to receive assistance. In making its determination, GHA will take into consideration the
following factors:
1. Which family member applied as head of household or co-head;
2. The interest of any minor children, including custody arrangements;
3. The interest of any ill, elderly, or disabled family members;
4. The interest of any family member who is the victim of domestic violence, dating
violence, sexual assault, or stalking, including a family member who was forced to
leave an assisted unit as a result of such actual or threatened abuse;
5. Any possible risks to family members as a result of domestic violence or criminal
activity; and,
6. The recommendations of social service professionals.

9.6 Remaining Member of a Tenant Family [24 CFR 5.403]
The HUD definition of family includes the remaining member of a tenant family, which is
a member of an assisted family who remains in the unit when other members of the family
have left the unit.
Household members such as live-in aides, foster children, and foster adults do not qualify
as remaining members of a family.
If dependents are the only “remaining members of a tenant family” and there is no family
member able to assume the responsibilities of the head of household, see Chapter 11.10,
for the policy on “Caretakers for a Child.”

9.7 Head of Household [24 CFR 5.504(b)]
Head of household means the adult member of the family who is considered the head for
purposes of determining income eligibility and rent. The head of household is responsible
for ensuring that the family fulfills its responsibilities under the program, alone or in
conjunction with a cohead or spouse.

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9.7.1 GHA Policy
The family may designate any qualified family member as the head of household.
The head of household must have the legal capacity to enter into a lease under state and
local law. A minor who is emancipated under state law may be designated as head of
household.
9.8 Spouse, Co-head, and Other Adult
A family may have a spouse or cohead, but not both [HUD-50058 IB, p. 13].
Spouse means the marriage partner of the head of household.
A cohead is an individual in the household who is equally responsible with the head of
household for ensuring that the family fulfills all of its responsibilities under the program,
but who is not a spouse.
A family can have only one cohead.
Other adult means a family member, other than the head, spouse, or cohead, who is 18
years of age or older. Foster adults and live-in aides are not considered other adults.
9.8.1 GHA Policy
A marriage partner includes the partner in a "common law" marriage as defined in state
law. The term “spouse” does not apply to friends, roommates, or significant others who
are not marriage partners. A minor who is emancipated under state law may be
designated as a spouse.
Minors who are emancipated under state law may be designated as a cohead.
9.9 Dependent [24 CFR 5.603]]
A dependent is a family member who is under 18 years of age or a person of any age
who is a person with a disability or a full-time student, except that the following persons
can never be dependents: the head of household, spouse, cohead, foster children/adults
and live-in aides. Identifying each dependent in the family is important because each
dependent qualifies the family for a dependent allowance.

9.10 Joint Custody of Dependents
9.10.1 GHA Policy
Dependents that are subject to a joint custody arrangement will be considered a member
of the family, if they live with the applicant or participant family 50 percent or more of the
time.
When more than one applicant or participant family is claiming the same dependents as
family members, the family with primary custody at the time of the initial examination or
re-examination will be able to claim the dependents. If there is a dispute about which
family should claim them, GHA will make the determination based on available documents
such as court orders, or an IRS return showing which family has claimed the

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child for income tax purposes, school records, or other credible documentation
acceptable to GHA
9.11 Full-Time Student [24 CFR 5.603]
A full-time student (FTS) is a person who is attending school or vocational training on a
full-time basis. The time commitment or subject load that is needed to be full-time is
defined by the educational institution.
Identifying each FTS is important because (1) each family member that is an FTS, other
than the head, spouse, or cohead, qualifies the family for a dependent allowance and (2)
the earned income of such an FTS is treated differently from the income of other family
members.
9.12 ELDERLY AND NEAR-ELDERLY PERSONS, AND ELDERLY
FAMILY [24 CFR 5.100 AND 5.403]

9.12.1 Elderly Persons
An elderly person is a person who is at least 62 years of age.

9.12.2 Near-Elderly Persons
A near-elderly person is a person who is at least 50-61 years of age.

9.12.3 Elderly Family
An elderly family is one in which the head, spouse, cohead, or sole member is an elderly
person. Identifying elderly families is important because elderly families qualify for the
elderly family allowance.
9.13 PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR
5.403]
9.13.1 Persons with Disabilities
Under the PH program, special rules apply to persons with disabilities and to any family
whose head, spouse, or cohead is a person with disabilities. The technical definitions of
individual with disability and persons with disabilities are provided in the Glossary. These
definitions are used for a number of purposes including ensuring that persons with
disabilities are not discriminated against based upon disability.
GHA must make all aspects of the PH program accessible to persons with disabilities and
consider reasonable accommodations when a person’s disability limits their full access to
the program or GHA’s services.

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9.13.2 Disabled Family
A disabled family is a family whose head, spouse, co-head, or sole member is a person
with disabilities; two or more persons with disabilities living together; or one or more
persons with disabilities living with one or more live-in aides. Identifying disabled families
is important because these families qualify for the disabled family allowance.
Even though persons with drug or alcohol dependencies are considered persons with
disabilities , this does not prevent GHA from denying assistance for reasons related to
alcohol and drug abuse in accordance with the policies found in in this chapter, or from
terminating assistance in accordance with the policies in Chapter 22.
9.14 GUESTS AND UNAUTHORIZED OCCUPANTS [24 CFR 5.100]
A guest is a person temporarily staying in the unit with the consent of a member of the
household who has expressed or implied authority to provide consent on behalf of the
tenant. [24 CFR 5.100] A guest is a temporary visitor of the tenant’s and should not be confused
with an unauthorized occupant. Additionally, a guest is not a party to the lease agreement.
The tenant must comply with the lease agreement at all times as it relates to guests.
An unauthorized occupant is a person who, with the consent of a tenant, is staying in the
unit, but is not listed on the lease documents or approved by GHA to dwell in the unit.
GHA will allow a guest to remain in the assisted unit no longer than a total of 30 days in
any 12-month period if allowed under the terms of the lease agreement or if provided with
written permission from GHA. Requests for guest stays longer than 30 days will be treated
as a request for reasonable accommodation.
Children who are subject to a joint custody arrangement or for whom a family has
visitation privileges, that are not included as a family member because they live outside
of the assisted household more than 50 percent of the time, are not subject to the time
limitations of guests as described above.
The family in tenancy that allows an unauthorized occupant to reside in their unit is not in
compliance will be subject to termination of tenancy. Some examples of unauthorized
occupants include:
1. Use of the unit address as the guest’s current residence for any purpose that is not
explicitly temporary or has GHA’s consent shall be construed as permanent
residence.
2. Persons that have joined the household without undergoing screening;
3. Persons that stay in the unit beyond an authorized period; and
4. A person (often a relative) that came to the unit as an extended visitor because the
resident needed support, for example, after a medical procedure but stayed in the
unit beyond the time needed by the resident.
The burden of proof that the individual is a guest rests on the family. In the absence of
such proof, the individual will be considered an unauthorized member of the household

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and GHA may terminate assistance unless the family in tenancy makes notice of a
household composition change.
9.14 FOSTER CHILDREN AND FOSTER ADULTS
Foster adults are usually persons with disabilities, unrelated to the tenant family, who are
unable to live alone [24 CFR 5.609(c)(2)].
The term foster child is not specifically defined by the regulations.
Foster children and foster adults that are living with an applicant or who have been
approved by GHA to live with a participant family are considered household members but
not family members. The income of foster children/adults is not counted in family annual
income and foster children/adults do not qualify for a dependent deduction [24 CFR 5.603
and HUD-50058 IB, p. 13].

9.14.1 GHA Policy
A foster child is a child that is in the legal guardianship or custody of a state, county, or
private adoption or foster care agency, yet is cared for by foster parents in their own
homes, under some kind of short-term or long-term foster care arrangement with the
custodial agency.
A foster child or foster adult may be allowed to reside in the unit if their presence would
not result in a violation of State space standards.
Children that are temporarily absent from the home as a result of placement in foster care.
9.15 ABSENT FAMILY MEMBERS
Individuals may be absent from the family, either temporarily or permanently, for a variety
of reasons including educational activities, placement in foster care, employment, illness,
incarceration, and court order.

9.16 Definitions of Temporarily and Permanently Absent
9.16.1 GHA Policy
Generally, an individual who is or is expected to be absent from the assisted unit for less
than 30 consecutive days or less is considered temporarily absent and continues to be
considered a family member. Generally, an individual who is or is expected to be absent
from the assisted unit for more than 30 consecutive days is considered permanently
absent and no longer a family member. Exceptions to this general policy are discussed
below.

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9.17 ABSENT STUDENTS
9.17.1 GHA Policy
When someone who has been considered a family member attends school away from
home, the person will continue to be considered a family member unless information
becomes available to GHA indicating that the student has established a separate
household, or the family declares that the student has established a separate household.

9.17.2 Absences Due to Placement in Foster Care [24 CFR 5.403]
Children temporarily absent from the home as a result of placement in foster care are
considered members of the family.
9.17.3 GHA Policy
If a child has been placed in foster care, GHA will verify with the appropriate agency
whether and when the child is expected to be returned to the home. Unless the agency
confirms that the child has been permanently removed from the home, the child will be
counted as a family member.
9.17.4 ABSENT HEAD, SPOUSE, OR COHEAD
9.17.4.1 GHA Policy
An employed head, spouse, or cohead absent from the unit up to a maximum of 180
consecutive days due to employment will continue to be considered a family member.
A head, spouse, or cohead who is absent from the unit because of a military deployment
or active service will continue to be considered a family member.
9.18 FAMILY MEMBERS PERMANENTLY CONFINED FOR MEDICAL
REASONS [PH GB, P. 5-22]
If a family member is confined to a nursing home or hospital on a permanent basis, that
person is no longer considered a family member and the income of that person is not
counted.

9.18.1 GHA Policy
GHA will request verification of the family member’s permanent absence from a
responsible medical professional. If the responsible medical professional cannot provide
a determination, the person will be considered temporarily absent. If the family certifies
that the family member is confined on a permanent basis, they may present, and GHA
will consider, any additional documentation or evidence.

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9.19 RETURN OF PERMANENTLY ABSENT FAMILY MEMBERS
9.19.1 GHA Policy
The family must request GHA approval for the return of any adult family members that
GHA previously determined to be permanently absent. The individual is subject to the
eligibility and screening requirements.

9.20 Live-In Aide
The definition of a live-in aide is recorded in 24 CFR Section 5.403 which states that a
live-in aide is a person who resides with one or more elderly persons, near-elderly
persons or persons with disabilities and who is: (1) determined to be essential to the care
and well-being of the persons; (2) is not obligated for the support of the persons; and (3)
would not be living in the unit except to provide the necessary supportive services. It
should be noted that the definition applies to a specific person. In accordance with this
definition, a live-in aide is not a member of the assisted family and is not entitled to the
PH assistance as the remaining member of the tenant family.
GHA must approve a live-in aide if needed as a reasonable accommodation in
accordance with 24 CFR 8, to make the program accessible to and usable by the family
member with disabilities.
The income of a live-in aide is not counted in the calculation of annual income for the
family [24 CFR 5.609(c)(5)]. Relatives may be approved as live-in aides if they meet all
of the criteria defining a live-in aide.
9.20.1 GHA Policy
A family’s request for a live-in aide must be made in writing. Written verification will be
required from a reliable, knowledgeable professional, such as a doctor, social worker, or
case worker, that the live-in aide is essential for the care and well-being of the elderly,
near- elderly, or disabled family member.
In addition, the family and live-in aide will be required to submit a certification stating that
the live-in aide is (1) not obligated for the support of the person(s) needing the care, and
(2) would not be living in the unit except to provide the necessary supportive services.
Live-in aides are subject to the same background screening requirements as participants, see
Section 5.4.3 including consideration of special circumstances. GHA may withdraw approval of
a particular person as a live-in aide if any of the following occur after being approved as a live-in
aide [24 CFR 982.316(b)]:
•
The person is convicted of fraud, bribery or any other corrupt or criminal act in
connection with any federal housing program.
•
The person is convicted of drug-related or violent criminal activity.
•
Is found to have outstanding arrest warrant for drug-related or violent criminal activity
that is not cured within 30 days after being notified of such.

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•
The person is found to owe rent or other amounts to GHA or to another PHA in connection
with Section 8 or public housing assistance under the 1937 Act.
Should GHA deny a request for or withdraw approval of a live-in aid as a result of background
screening, the tenant may request an exception as a reasonable accommodation which will be
processed in accordance with this plan.
GHA will notify the family of its decision in writing as soon as possible but in no case shall
the response time exceed 10 business days from the time the request and all required
documentation related to the request for a live-in aide are received.
Occasional, intermittent, multiple or rotating care givers typically do not reside in the unit
and would not qualify as live-in aides. Therefore, an additional bedroom should not be
approved for a live-in aide under these circumstances [PIH 2014-25].
A household member can become a live in aide. A live in aide cannot be changed to a
household member.
9.21 SUITABILITY (§960.202)
1.
Applicant families will be evaluated to determine whether, based on their habits
and practices, which could reasonably be expected to result in noncompliance with
the public housing lease, program rules, regulations, and local policy, and/or have
a detrimental effect on the residents or the community. GHA will look at past
conduct as an indicator of future conduct. Emphasis will be placed on whether a
family's admission could reasonably be expected to have a detrimental effect on
the community, neighborhood environment, other tenants, neighbors, GHA
employees, contractor/vendors, or other people residing in the immediate vicinity
the property. Otherwise eligible families will be denied admission if they fail to meet
the suitability criteria.

2.
GHA will not admit a family who attempts to provide fraudulent documents to gain
admission to the program or receive benefits.

3.
GHA will not admit a family with a household member who has engaged in or
threatened abuse whether physical or verbal or with gestures, attempted
intimidation, used racial epithets, racial or discriminatory language, written or
verbal, against any GHA/City employee, other GHA employee, vendor, contractor,
neighbor or neighbors’ guest(s), irrespective of the amount of time that has
elapsed.

4.
The family will have the option to remove the family member and sign a statement
understanding assistance may be terminated if the person is allowed to reside in
the unit. GHA reserves the right to trespass the person. If so, the family may be
terminated if the person is a visitor or guest. If the person is the head of household,
GHA will deny admission and remove the family from the waiting list.

5.
The applicant will be checked against the computer listing of prior participants of
Glendale Housing, or other housing authorities, who left owing money, or moved

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in violation of the program rules (EIV Debts Owed and Negative Actions Report,
Lindsey database, HAPPY debts owed, etc.).

6.
GHA also determines eligibility and suitability by conducting criminal background
checks on all household members, 16 years of age or older, including live-in aides.
GHA will deny assistance to a family because of drug-related criminal activity by
family members, violent criminal activity by family members, or criminal history that
may constitute a history that may interfere with the health, safety, or right to
peaceful enjoyment of the premises by other residents. If the person denied is
other than the head of household, the applicant family will have the option of
removing the person from the household.

7.
GHA may, where a federal or state statute requires that a GHA prohibit admission
for a prescribed period of time after some disqualifying behavior or event,
choose to continue that prohibition for a longer period of time. GHA has extended
this period of time to two years from the resolution of the last offense, unless HUD
determines that a longer period of time is appropriate. For example, the EIV Debts
Owed and Adverse Termination report may set forth a longer period of time for
which an applicant may not be eligible for the program. In this case, GHA will
follow HUD’s determination.

8.
GHA retains the right to perform a secondary criminal check if it has been more
than six (6) months since the prior background check, or if a family member turns
16 years of age while on the waiting list.

9.
No applicant for public housing who has been a victim of domestic violence, dating
violence, sexual assault, or stalking shall be denied admission into the program if
they are otherwise qualified.

10.
GHA may consider objective and reasonable aspects of the family's background,
including the following:

1) History of meeting financial obligations, especially rent;

2) Ability to maintain (or with assistance would have the ability to maintain)
their housing in a decent and safe condition based on living or
housekeeping habits and whether such habits could adversely affect the
health, safety, or welfare of other tenants;

3) History of criminal activity by any household member involving crimes of
physical violence against persons or property and any other criminal activity
including drug-related criminal activity that would adversely affect the
health, safety, or well-being of other tenants or staff or cause damage to the
property;

4) History of disturbing neighbors or destruction of property;

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5) Having committed fraud in connection with any Federal housing assistance
program, including the intentional misrepresentation of information related
to their housing application or benefits derived there from;

6) Having committed fraud in any public assistance program funded with
taxpayer dollars.

7) Any household member currently engaging in illegal use of a drug.

8) History of abusing alcohol in a way that may interfere with the health, safety,
or right to peaceful enjoyment by others.
9) Persons evicted from public housing, Indian Housing, Section 23, or any
Section 8 program because of drug or alcohol-related criminal activity or
violent criminal activity are ineligible for admission to housing for a two-year
period beginning on the date of such eviction. GHA will not waive this policy.
(See Section §960.203(c)(ii) and §960.204(a).
10) Any household member subject to sex offender registration requirement.
11)History of mental or physical condition, which may prevent him/her from
fulfilling his/her obligations under the terms of the lease. If the applicant has
supportive services (i.e. live-in aide, agency assistance, family assistance,
etc.) which enable him/her to fulfill their lease obligations, the mental or
physical condition shall not prevent him/her from receiving housing
assistance.

11. GHA will ask applicants to provide information demonstrating their ability to comply
with the essential elements of the lease. GHA will verify the information
provided. Such verification may include but may not be limited to
the following:

1)
A credit check of the head, spouse, co-head and all other household
members age 18 and older;

2)
A request will be submitted for the applicant to be checked against
the computer listing of prior residents of other housing authorities,
who left owing money, or moved in violation of the lease.

3)
A rental history check with previous landlords and/or other
references of all adult family members. (Applicants must complete
and submit a reference check form.) A request will be submitted for
the applicant to be checked against the computer listing of prior
residents of other housing authorities, who left owing money, or
moved in violation of the lease.

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4)
A criminal background screening on all household members 18 years
of age or older, including live-in aides. This check may be made
through State or local law enforcement or court records in those
cases where the household member has lived in the local jurisdiction
for the last two years. Where the individual has lived outside the local
area, GHA may contact law enforcement agencies where the
individual had lived or request a check through the FBI's National
Crime Information Center (NCIC);

1. Applicant household members 18 years of age and older,
may be fingerprinted and a request for criminal history
background checks will be made through the Glendale
Police Department (GPD). If the background check
received from GPD is positive, GHA will proceed with the
Interstate Identification Index fingerprint check.

2. A check of the State's lifetime sex offender registration
program for each adult household member, including live-
in aides. No individual registered with this program will be
admitted to public housing.

5)
The eligibility packet, and ongoing recertification packet, contains
forms to be signed by all adult family members attesting to their
understanding that if the background check for all family members
18 years of age and older reveals that eligibility requirements have
not been met because of a criminal history/background and/or
because of false/untrue information provided, at its sole discretion,
GHA will either allow the tenant to remove the family member from
the unit within ten calendar days, or may terminate the family’s
assistance.

12)
Evaluation of Information Relating to Previous Conduct of Applicant. household.

1.
Screening Criteria - GHA will use prior conduct (as described in this
chapter) to evaluate the suitability of an applicant for tenancy. GHA
will consider applications for residence by persons on a case-by-
case basis, focusing on the concrete evidence of the seriousness
and recentness of criminal or other unsuitable activity as the best
predictors of tenant suitability. GHA will also take into account the
extent of criminal or suitable activity and any additional factors that
might suggest a likelihood of favorable conduct in the future, such as
evidence of rehabilitation. Applicants denied assistance based upon
a history of previous unsuitable behavior may reapply for assistance
when the waiting list is open.

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3. Evidence of Rehabilitation - In the event of the receipt of unfavorable
information with respect to an applicant, consideration shall be given
to the time, nature, and extent of the applicant’s conduct and to
factors which might indicate a reasonable probability of favorable
future conduct or financial prospects. Further information may be
requested or received from the applicant to show extenuating
circumstances and/or rehabilitation efforts.

10.0 MANAGING THE WAITING LIST
10.1 Opening and Closing the Waiting List
This chapter describes HUD and GHA policies for taking applications, managing the
waiting list, and selecting families for PH assistance.
HUD requires GHA to place all families/households that apply for assistance on a waiting
list. When a PH unit becomes available, GHA must select families from the waiting list in
accordance with HUD requirements and GHA policies as stated in this administrative plan
and the annual plan. GHA is required to maintain a waiting list for the PH program that
has a sufficient number of eligible applicants to ensure that new and turnover vouchers
are issued as quickly as possible to eligible applicants. At the same time, the waiting list
should not be allowed to grow to such a size that the wait for housing is unreasonable.
When soliciting interest and processing applications for the program, GHA will ensure that
applicants have the ability to submit all application materials and forms online, in person,
via fax, mail, email, or through telephonic intake. Alternate formats will be available for
anyone needing a reasonable accommodation, modification, or auxiliary aid and service
by contacting the GHA office. GHA will also strive to accommodate individuals that do not
have computer access by providing assistance with the pre-application at the Glendale
Public Libraries.
GHA utilizes a three-step process to generate a waiting list.
1. Application (solicitation of interest)
2. Lottery drawing to establish the waiting list
3. Submission of a formal application and required documents (for those applicants filling
out a paper application).

10.2 Application
The application process will be opened at times and in quantities necessary to obtain the
quantity and variety of applicants needed to meet HUD requirements. Any interested party
can submit a application form to signify that they want to be included in the lottery drawing.
The application form collects limited information about the applicant and housing needs
to include name, address, household size, estimate of income, and information about
special circumstances that may qualify applicants for local preferences identified in section
7. Applications will only be accepted during a specific open

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application process. Submitting an application does not guarantee a position on the
waitlist.
Anyone can submit an application. No one will be denied the right to request or submit an
application when the process is open.
10.2.1 Opening the Application Process
Notice of opening the application process shall be made in accordance with the
specifications identified in this plan. Application intake will occur only during publicly
announced periods of time. The announcement will occur a minimum of 30 days prior to
opening. After the announcement has been made, any person who will need assistance
to complete the application may contact GHA to make their request in advance of the
opening of the waiting list so that GHA may plan appropriate assistance accordingly. The
Application Waiting List process and will include the following:
1. Start date and time for submitting applications
2. Methods by which applications can be made
3. Information on how to request a reasonable accommodation, modification, or
auxiliary aids and services
4. Information on how to request language assistance services
5. Locations where interested parties can obtain paper applications
6. Telephone number, website, and email address to inquire about the process
7. Information to be provided on the application
8. Number of applications that will be drawn from the pool of submitted pre-
applications to populate the Waiting List
9. Closing date and time for submitting applications.
All notices will include the Fair Housing logo and slogan and otherwise will comply with
Fair Housing requirements.
10.2.2 CLOSING THE APPLICATION PROCESS
The application process shall be closed no sooner than 21 calendar days after it was
opened to allow for adequate outreach and to accommodate any persons who may need
assistance submitting a application for the program. Individuals that require a reasonable
accommodation, modification, auxiliary aide or service, or language assistance service,
to apply must notify GHA of their request prior to the closing of the application process in
order to be included in the lottery drawing.
The application Waiting List period will close upon the expiration of the number of days
identified in the notice as stated above. No additional Notice will be provided prior to
closing the Waiting List application period.

10.3 Lottery to establish the Waiting List
When the application period has closed, only applications received prior to the deadline
and individuals who requested a reasonable accommodation or language service but
have not yet completed the application will be included in the lottery

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selection pool. GHA will utilize a computerized random selection process to draw a pre-
determined number of applications for the waiting list. The applications selected during
the lottery process will comprise the Waiting List until the next application process
takes place.
All heads of household that were not selected for the Waiting List will be notified and
provided with information on how to receive future notifications of application Waiting List
being open.

10.4 Organization of the Waiting List
Once the Waiting List has been generated randomly, an applicant’s priority may change
based on the number of preferences claimed then by bedroom size (the higher the
number of preferences, the higher the applicant’s priority). An applicant with no
preferences may drop in priority if others drawn after him have greater preference(s). The
waiting list will be maintained in accordance with the following guidelines:
1. The applicant will be informed in writing of:
1) Assigned Waiting List order
2) How to check status of the Waiting List;
3) Applicants are required to report to GHA any changes in family
composition or address within 10 days of the change as changes could
affect the applicant's Waiting List status or eligibility for housing.
4) Any applicant knowingly providing false information or fraudulent
statements affecting the applicant's status or eligibility for housing will
be removed from the waiting list.
2. The application will be a permanent file. However, it is subject to records retention
schedules if the applicant is removed from the waiting list in a manner other than
admission to the program;
3. Any significant contact between GHA and the applicant will be documented in the
applicant file.

10.5 Family Breakup
Except under the following conditions, GHA has discretion to determine which members
of an assisted family continue to receive assistance if the family breaks up:
1. If the family breakup results from an occurrence of domestic violence, dating
violence, sexual assault, or stalking, GHA must ensure that the victim retains
assistance. (For documentation requirements and policies related to domestic
violence, dating violence, sexual assault, and stalking, see section XXX of this
plan.)
2. If a court determines the disposition of property between members of the assisted
family, GHA is bound by the court’s determination of which family members
continue to receive assistance.

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10.5.1 GHA Policy
When a family on the waiting list breaks up into two otherwise eligible families, only one
of the new families may retain the original application date. Other former family members
may submit a new application with a new application date if the waiting list is open.
If a family breaks up into two otherwise eligible families while receiving assistance, only
one of the new families will continue to be assisted.
In the absence of a judicial decision, or an agreement among the original family members,
GHA will determine which family retains their placement on the waiting list or will continue
to receive assistance. In making its determination, GHA will take into consideration the
following factors:
1. Which family member applied as head of household or co-head;
2. The interest of any minor children, including custody arrangements;
3. The interest of any ill, elderly, or disabled family members;
4. The interest of any family member who is the victim of domestic violence, dating
violence, sexual assault, or stalking, including a family member who was forced to
leave an assisted unit as a result of such actual or threatened abuse;
5. Any possible risks to family members as a result of domestic violence or criminal
activity; and,
6. The recommendations of social service professionals.

10.6 PROCESSING THE WAITING LIST
Households will be selected from the waiting list based on the order of priority in
accordance with identified preferences as discussed in Chapter 11 and bedroom size.

When a family/household is close to the top of the waiting list, the verification process will
begin. When selected from the waiting list, GHA will first verify that the applicant qualifies
for the claimed preferences to ensure accuracy of the applicant’s position on the Waiting
List.

GHA will also verify the household’s stated income. If the family/household does not
appear to meet the preliminary preference or income eligibility, or if the information on the
application is incomplete or appears inaccurate, GHA will attempt to reach the
household/family to verify the pre-application details. If the applicant’s priority on the
waiting list cannot be verified, the family’s name will be returned to the appropriate spot
on the waiting list absent the claimed preferences.

GHA must notify the family in writing of this determination and give the family the
opportunity for an informal review.

Once claimed preferences are confirmed, the family/household will be invited to submit a
full application to include documentation to determine eligibility in accordance with the
requirements set forth in Section 4. Applicants will be given the opportunity to update their
HUD Form 92006 at that time. Anyone needing assistance with completing a full

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application or providing documentation to determine eligibility, including persons with
disabilities or limited English proficiency, will be served in accordance with GHA’s
Program Accessibility policies outlined in Chapter 1 & 2.

GHA will review all documentation provided for eligibility review. If at any time during the
eligibility review process, GHA determines that the family/household was not eligible for
preferences claimed on the application, the family/household’s name will be returned to
the Waiting List in the order in which they were drawn for the lottery, absent claimed
preferences. GHA must notify the family in writing of this determination and give the family
the opportunity for an informal review.

It is important to note that documents such as Arizona Driver’s License, DES benefits,
Social Security letter will not suffice to prove residency if other documentation disputes
residency, such as bank statements with activity in other locales where residency would
not be possible. Example – out of state transactions with no or minimal local transactions.
Failure to provide all documentation to substantiate claimed preferences will be cause to
remove preference points and place the applicant back on the waiting list in accordance
with the order in which they were drawn as defined in Chapter 11. Failure to provide
documentation to comply with eligibility requirements will be cause to be removed from
the Waiting List.

An applicant’s time on the waiting list is dependent upon preferences claimed and
available units.

If an applicant is successfully eligible yet refuses the voucher and wants to be put back
on the Waiting List, GHA will do this only once. The applicant must request this in writing.
GHA will inform the applicant this can be done only once, as the family will remain at the
top of the waiting list. The next time GHA is seeking to issue vouchers, if the family refuses
the voucher, the family will be removed from the waiting list, and will have no right to an
informal review, or any other appeal process.

For Waiting List families only, the application will show head of household and co-head.
If, at the time of eligibility the head of household is no longer a part of the household and
has made no contact with GHA, the co-head will become head of the household for
application/waiting list purposes only. During eligibility and offering assistance, the co-
head cannot also be claimed as a spouse (HUD-50058 Guidebook, Section 3:
Household).

A co-head is an individual in the household who is equally responsible with the head of
household for ensuring that the family fulfills all of its responsibilities under the program,
but who is not a spouse. A family can have only one co-head.

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10.7 APPLICATION INTERVIEW
Applicants selected from the waiting list are required to participate in an eligibility
interview. Interviews may be conducted in-person or through video conference if
appropriate.

An advocate, interpreter, or other assistant may assist the family with the application and
the interview process. Where an advocate, interpreter or other third party is used to assist
the family, the family and GHA will execute a certification attesting to the role and
assistance of the third-party.

Interviews will be conducted in English. For limited English proficient (LEP) applicants,
GHA will provide translation services in accordance with GHA’s LEP plan.

If the applicant is unable to attend a scheduled interview, the applicant should contact
GHA in advance of the interview to schedule a new appointment. If an applicant does not
attend a scheduled interview, GHA will send another notification letter with a new
interview appointment time. Applicants who fail to attend two scheduled interviews without
GHA approval will be denied assistance based on the applicant’s failure to supply
information needed to determine eligibility. A notice of denial will be issued in accordance
with policies contained in Chapter 6.

The head of household and all adult family members will be strongly encouraged to attend
the interview together. However, the head of household or the spouse or a legal
representative (documented through a legal power of attorney or guardianship) may
attend the interview on behalf of the family. Verification of information pertaining to adult
members of the household not present at the interview will not be undertaken until signed
release forms are returned to GHA.

The head of household or spouse or legal representative must provide acceptable
documentation of legal identity. If the family representative does not provide the required
documentation at the time of the scheduled interview, he or she will be required to provide
it within 10 business days.

Pending disclosure and documentation of social security numbers, GHA will allow the
family to retain its place on the waiting list for 30 days.

The family must provide the information necessary to establish the family’s eligibility and
to determine the appropriate level of assistance, as well as completing required forms,
providing required signatures, and submitting required documentation. If any materials
are missing, GHA will provide the family with a written list of items that must be submitted
and the time frame for submitting the missing information,

Any required documents or information that the applicant is unable to provide at the
interview, must provided within 10 business days of the interview unless otherwise stated
herein.

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10.8 Purging the Waiting List
GHA will update and purge its waiting list at least annually.

The purge process will consist of mailing a notice via first class mail, and via electronical
mail, if the applicant has a valid email address on file with GHA, to each applicant
requesting they confirm their contact information or update it. The applicant will be also
be asked to confirm their continued interest in the program by checking their status on
the waiting list at least annually. If the applicant responds within 30 days of the date of
receipt of the notice, GHA will keep the applicant on the waiting list. If the applicant fails
to confirm/update their address or check their status, the system will automatically send
the applicant a notice of denial. The applicant can then request to be reinstated to the
waiting list if they provide the requested information within 30 days. Reinstatement will
only be allowed once during the time an applicant is on the waiting list.

10.9 Removal of Applicants from the Waiting List
GHA will not remove an applicant’s name from the waiting list unless:
1. The applicant requests that the name be removed;
2. The applicant fails to update their status annually as provided in Section 6.8 above,
or misses scheduled appointments; or the written or electronic mail is returned as
undeliverable; or
3. The applicant does not meet either the eligibility or screening criteria for the
program; or
4. The applicant has been selected off the Waiting List and has been offered a unit
and the family accepts the unit (See Chapter 11 offer a unit).
1. Provides fraudulent information, verified by GHA and in accordance with
HUD regulations, including any documentation provided by the
applicant to gain admission to the program.

10.10 Missed Appointments
All applicants who fail to keep a scheduled appointment with GHA will be sent a notice of
eligibility and removal from the waiting list.

GHA will allow the family to reschedule for good cause. No more than one opportunity will
be given to reschedule without good cause, and no more than two opportunities will be
given for good cause. When good cause exists for missing an appointment, GHA will work
closely with the family to find a more suitable time. Applicants will be offered the right to
an informal review before being removed from the waiting list.

10.11 Notification of Negative Actions
Any applicant whose name is being removed from the waiting list will be notified by GHA,
in writing, that they have ten (10) business days from the date of the written
correspondence, to present mitigating circumstances or request an informal review, in

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writing. The letter will also indicate that their name will be removed from the waiting list if
they fail to respond within the time frame specified.
GHA's system of removing applicants’ names from the waiting list will not violate the rights
of persons with disabilities. If an applicant’s failure to respond to a request for information
or updates was caused by the applicant’s disability, GHA will provide a reasonable
accommodation. If the applicant indicates that they did not respond due to a disability,
GHA will verify that there is in fact a disability and that the accommodation the applicant
is requesting is necessary based on the disability. An example of a reasonable
accommodation would be to reinstate the applicant on the waiting list based on the date
and time of the original application.
GHA will also include the Form HUD 5380, Notice of Occupancy Rights Under the
Violence Against Women Act, Form HUD 5382, and Certification of Domestic Violence
Dating Violence, Sexual Assault, or Stalking and Alternate Documentation Form HUD
5382 in all negative action letters.

10.12 Informal Review
If GHA determines that an applicant does not meet the criteria for receiving public housing
assistance, GHA will promptly provide the applicant with written notice of the
determination. The notice must contain a brief statement of the reason(s) for the decision
and state that the applicant may request in writing an informal review of the decision within
10 business days of the denial. GHA will describe how to obtain the informal review. The
applicant’s letter must state the reason to overturn the denial. GHA will provide the results
of the informal review in writing only.
If the denial is based on criminal activity, GHA will provide the subject with a copy of the
NCIC criminal record and/or the adverse reference information, and an opportunity to
dispute the record/information. If the applicant/tenant fails to submit a written request for
review within ten working days from receipt of his/her notification of ineligibility, or if the
denial/termination is upheld, the applicant will be denied assistance.
GHA will review the request for an informal review and respond in writing within ten
business days of receiving the request. The response will include a preliminary
determination and will offer the applicant an opportunity to present any final written
objections to GHA’s preliminary determination within ten business days. The informal
review may be conducted by any person designated by GHA, other than a person who
made or approved the decision under review or subordinate of this person. After receiving
the applicant’s final written objections, GHA must notify the applicant of the final decision
within 10 business days after the informal review, including a brief statement of the
reasons for the final decision. If an applicant needs additional time to provide a written
objection or gather records that dispute the preliminary determination, up to two additional
10-day extensions may be requested.

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The applicant may request that GHA provide for an Informal review after the family has
notification of an INS decision on their citizenship status on appeal, or in lieu of request
of appeal to the INS. The applicant must make this request within 30 calendar days of
receipt of the Notice of Denial or Termination of Assistance, or within 30 calendar days of
receipt of the INS appeal decision.
For the participant families, the Informal Hearing Process above will be utilized with the
exception that the participant family will have up to 30 calendar days of receipt of the
Notice of Denial or Termination of Assistance, or of the INS appeal decision.
An applicant’s voluntary withdrawal is not subject to an informal review or appeal process.
When an informal or formal hearing is scheduled and the applicant has been notified of
the date and time and does not attend the hearing or call to notify GHA of a problem, the
decision will default on behalf of GHA.
If the applicant provides proof of an emergency that precluded attendance at the hearing,
at the discretion of GHA, the hearing may be rescheduled.
GHA will reschedule an informal hearing one time with reasonable cause. If the second
scheduled hearing is not attended, the denial or termination will stand, and the appeal
period will expire.

10.13 Admission based on Fraudulent or Non-disclosed Information
Once the family is admitted, assistance may be terminated, and they may be evicted if
the GHA discovers their admission was based on fraudulent or omitted information. The
termination and eviction process is the same as would be for other non-complying
participants.

11.0 TENANT SELECTION AND ASSIGNMENT PLAN (§960.206)

Consistent with GHA Agency Plan, the following preferences, based on local housing
needs and priorities, will be used to determine placement on the waiting list. An applicant
does not have any right or entitlement to be listed on the waiting list, to any particular
position on the waiting list, or to admission to the programs.

11.1 PREFERENCES (§982.202, §982.207)
The following preferences, based on local housing needs and priorities, will be used to
determine priority on the waiting list. An applicant does not have any right or entitlement
to be listed on the waiting list, to any particular position on the waiting list, or to admission
to the programs. Applicants will receive points for each preference for which they qualify
and be ranked in priority based on the total number of points they receive for all
preferences.

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Glendale Housing utilizes, among other things, a local residency preference. Use of a
residency preference will not delay or cause an applicant to be denied admission to the
program.

11.1.1 Definitions for Preferences and Eligible Points
The following definitions shall be used and considered for purposes of ranking priority
only:
1. "Living, Working, or Last Permanent Residence in Glendale" – 15 points:
At least one eligible member of the household meets one or more of the following criteria:
• Currently resides within Glendale, AZ city limits (examples of
documentation include but are not limited to lease agreement, utility bill, or
driver’s license); or,
• Currently employed or has been offered employment with a company that
has a verifiable physical location within Glendale, AZ city limits (examples
of documentation include but are not limited to pay stub, W-2, or employer
letter documenting the employee’s primary work location within Glendale);
or,
• Currently homeless as defined in item 4 below with a last permanent
residence within Glendale, AZ city limits.

2. "Employed, Elderly, Disabled, or Military (active duty or veteran)" – 10 points:

At least one eligible member of the household meets one or more of the following criteria:
• “Employed” means working at least 20 hours per week on average over the
most recent six consecutive months with no more than a 30-day gap
between employers (temporary work is qualifying); or
• “Elderly” means 62 years of age or older within six months; or
• “Disabled” means any eligible member is a person with a disability
(including children with disabilities); or,
• “Military (active duty or veteran)” means any household member who is
currently serving full time in their military capacity or any former member of
any branch of the United States military regardless of service record or
discharge.

3. “Current Homeless or At Risk of Homelessness” – 5 points:
At least one eligible member of the household meets any of the criteria of as defined in
the Glossary under Homeless or At Risk of Homelessness regardless of last known
residence.

4. “Victim of Domestic Violence/VAWA Crime” – 5 points:

At least one eligible member of the household who is the victim of domestic violence,
dating violence, sexual assault, or stalking or other criminal act covered by the Violence
Against Women Act (VAWA) within one year of their pre-application.

5. "Displaced by Government Action or Disaster” – 5 points:

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The action must not be associated with action or inaction by the resident, i.e., code
compliance failure by the resident. The application for assistance must be received no
later than 30 calendar days after the action that caused the person or family to be
displaced.

11.2 Assignment of Bedroom Sizes
GHA will assign public housing units based on the number of bedrooms necessary to
house the family without overcrowding. The bedroom size is a factor in determining the
family’s level of assistance. The following guidelines will determine each family’s unit size
without overcrowding or over-housing:

These standards are based on the assumption that each bedroom will accommodate no
more than two (2) persons. Two adults will share a bedroom.

In determining bedroom size, GHA will include the presence of children to be born to a
pregnant woman, children who are in the process of being adopted, children whose
custody is being obtained, children currently under a 50% or more joint custody decree,
children who are temporarily away at school or temporarily in foster-care.

When children are in the process of adoption or custody, a court order or documentation
received from the court is necessary. Before GHA will increase a bedroom size, GHA
requires evidence that the court will approve the adoption or custody arrangement or has
been given physical custody.

A request to add a person to a household may be approved if the change does not cause
an increase to the size of the unit, or if it is a reasonable accommodation. GHA reserves
the right to review each case to determine the merits of each request. (See Section 15.6
Interim Reexaminations for additional guidance.)

At the initial eligibility, the family unit size will be determined using the subsidy standards
below. This will not change unless the family size exceeds the maximum number per
bedroom or living/sleeping area. Upon continued assistance but not for eligibility, the
living room is considered as a sleeping area. The living room is considered a bedroom
when adding a person.

GHA reserves the right to review each case to determine the merits of each request. (See
Section 15.6 Interim Reexaminations for additional guidance.)

The following guidelines will determine each family’s unit size without overcrowding or
over-housing. Determination includes by gender.

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Number of Bedrooms
Number of Persons
Minimum
Maximum
0
1
1
1
1
2
2
2
4
3
3
6
4
4
8

Criteria for Unit Assignment - For the purpose of determining the appropriate bedroom
size at the time of initial occupancy, the following criteria will be used. The occupancy
standard must provide for the smallest number of bedrooms needed to house a family
without overcrowding:

1.
A family consisting of a single parent and one child under the age of 4 years, shall
occupy a one-bedroom unit.

2.
A single person in the process of securing legal custody of one or more
individual(s) who has/have not attained the age of 18 years, shall occupy a two-
bedroom unit or larger.

3.
In a family consisting of a single parent and three or more children, the youngest
child under the age of 4 years may occupy a bedroom with the parent.

4.
Children under the age of four (4) will not qualify for an additional bedroom. A child
will be considered age 4 if the birthdate is within 120 calendar days of the annual
recertification or lease date.

5.
Other than heads of household, persons of the opposite sex who are 6 years of
age or older or who will reach their 6th birthday during the first 12 months of the
lease shall not occupy the same bedroom.

6.
Two children of the same sex, regardless of age, will be assigned to occupy the
same bedroom.

7.
Foster–adults and children will not be required to share a bedroom with family
members.
8.
The following may be approved for assignment of additional bedrooms:

1. A household requiring an additional bedroom due to documented
medical reasons.

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1)
Proof of medical necessity must be on the Medical
Verification form provided by GHA, as there is a
signature line for legal purposes. No prescription forms
will be acceptable proof.

2)
Third party verification required.

3)
Necessity will be re-verified every three years, unless
the need for the reasonable accommodation is readily
apparent. (See joint statement of Reasonable
Accommodations under the Fair Housing Act in this
policy document.

4)
Rooms for medical equipment only if the need is
documented by a health care provider. Approved use
of the room will be verified during annual inspection or
any other time a GHA employee enters the assisted
families’ unit.

5)
GHA will consider the size of the equipment when
reviewing the request, as all living and sleeping rooms
must be considered insufficient to meet the need of the
equipment. GHA will ask for specific size dimensions
of the medical equipment that needs the extra
bedroom.

2. A household that includes a live-in aide (See Section 10.10 for further
guidance on adding unit size for live in aides and additional live in aide
family members). GHA reserves the right to deny a live-in aide with a
family that would be the equivalent of adding another family to the
assisted family.

9.
Dwellings will be assigned so as not to require the use of the living room for
sleeping purposes.

10. Every family member, regardless of age, is to be counted as a person. An unborn
child will be counted as a person to determine initial eligibility. However, a single
pregnant woman only qualifies for a one-bedroom unit.

11. Exceptions to Occupancy Criteria - The criteria and standards prescribed for the
determination of the family’s unit size should apply to most families. However, in
some cases, the relationship, age, sex, health, or disabled of the family members
may warrant the assignment of a larger or smaller unit. Such flexibility is
permissible to the extent that determinations are made on the basis of these
factors. Such cases must be recommended by the Community Services
Representative and approved by the Housing Program Manager

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and documented in the file. The proper unit size may be determined during
continued occupancy by counting the living room as a sleeping room.

11.3 Selection from the Waiting List
GHA shall follow the statutory requirement that at least 40% of newly admitted families in
any fiscal year be families whose annual income does not exceed the higher of 30% of
the median income for the area (as determined by HUD with adjustments for smaller and
larger families) or the Federal poverty level, except that HUD may establish income
ceilings higher or lower than 30% of the median income for the area if HUD finds that
such variations are necessary because of unusually high or low family (defined at
http://www.huduser.org/portal/datasets/il/il14/index.html as extremely low-income). To
insure this requirement is met, GHA shall monitor the incomes of newly admitted families
and the incomes of the families on the waiting list. If it appears that the requirement to
house extremely low-income families will not be met, GHA will skip higher income families
on the waiting list to reach extremely low-income families.

If there are not enough extremely low-income families on the waiting list, GHA will conduct
outreach on a non-discriminatory basis to attract extremely low-income families to reach
the statutory requirement.

11.4 De-concentration Incentives
GHA may offer one or more incentives to encourage applicant families whose income
classification would help to meet the de-concentration goals of a particular development.

Various incentives may be used at different times, or under different conditions, but will
always be provided in a consistent and nondiscriminatory manner.

11.5 Offer of a Unit
When GHA discovers that a unit will become available, we will contact the first family on
the waiting list who has the highest priority for this type of unit or development and whose
income category would help to meet the de-concentration goal and/or the income-
targeting goal.

GHA will contact the family first by telephone to make the unit offer. If the family cannot
be reached by telephone, the family will be notified of a unit offer via first class mail and/or
email. The family will be given five (5) business days from the date the letter was mailed
or the date of the telephone call to contact GHA regarding the offer.

The family will be offered the opportunity to view the unit. After the opportunity to view the
unit, the family will have two (2) business days to accept or reject the unit. This verbal offer
and the family’s decision must be documented in the tenant file. If the family rejects

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the offer of the unit, GHA will send the family a letter documenting the offer and the
rejection.

11.6 Rejection of Unit
If, in making the offer to the family, GHA skipped over other families on the waiting list to
meet their de-concentration goal or offered the family any other de-concentration
incentive and the family rejects the unit, the family will not lose their place on the waiting
list and will not be otherwise penalized.

A family has the sole discretion whether to accept an offer of a unit made under the GHA's
de-concentration policy. The GHA must not take any adverse action toward any eligible
family for choosing not to accept an offer of a unit under the GHA's de-concentration
policy [24 CFR 903.2(c)(4)].

If GHA did not skip over other families on the waiting list to reach this family, did not offer
any other de-concentration incentive, and the family rejects the unit without good cause,
GHA will allow the family a second vacant unit choice, but only after the family rejects the
first unit offered. The family will keep their preferences, but the date and time of
application will be changed to the date and time the unit was rejected. The family will be
offered the right to an informal review of the decision to alter their application status. (See
Public Housing Occupancy Guidebook, Sect. 3.8, Removing or Dropping an Applicant for
Refusal of a Unit Offer.)

If the family rejects with good cause any unit offered, they will not lose their place on the
waiting list. Good cause includes reasons related to health, disability, or at the discretion
of GHA.

If the family rejects the second unit offer, the family will be removed from the waiting list.

For a reasonable accommodation, unit modification or accessible unit request, see the
Section 504 Transition Plan.

11.7 Showing a Unit
Showing a unit does not indicate an approval of a move in date. As unforeseen
maintenance requirements may arise at any time before a family actually moves into a
unit, showing a unit does not indicate that family will be offered that specific unit. Others
of the same bedroom size may be first available when the family is given a move in date.

11.8 Signing the Lease
Until the lease is signed, the family remains in eligibility status. Any changes, with or
without formal notice to GHA, to residency, household composition, household income,
or any other eligibility requirement may affect continuation of the eligibility process and
acceptance into the program.

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11.9 Acceptance of Unit
1. Leasing

A dwelling lease is to be entered into between GHA and each tenant family
member over the age of 18. The dwelling lease is to be kept current at all times
and is to reflect the rent being charged, and the conditions governing occupancy.
Any changes to the lease, including changes in rent, must be accomplished by
written amendment to the lease signed by both parties.

If, through any cause, the signer of the dwelling lease ceases to be a
member of the tenant family, the lease is to be voided, and a new dwelling
lease executed and signed by a head of household and co-head, if there is
one.

If a tenant family transfers to a different HUD-aided housing unit operated
by GHA, the existing lease is to be canceled and a new lease executed by
the head of household or co-head, if there is one, for the dwelling unit into
which the family is to move.

The applicant will be provided a copy of the lease, the grievance procedure,
utility allowances, utility charges, the current schedule of routine
maintenance charges, and a request for reasonable accommodation form.
These documents will be explained in detail. The applicant will sign a
certification that they have received these documents and that they have
reviewed them with Housing Authority personnel. The certification will be
filed in the tenant’s file.

2. Security Deposit

1. A security deposit of $200.00 or one month’s rent, whichever is
greater, will be required from each family.

2) Should rent increase more than 10% after the amount of security
deposit is originally determined, an additional amount will be required
to bring the amount of security to an amount equal to the new one
month’s rent.

3) The security deposit is to be paid immediately upon execution of the
lease, unless this creates a hardship. In this case, the security
deposit may be paid in six installments over the period of the six-
month probationary lease. Security deposits will be held on account
by GHA accruing no interest, and will be returned to the tenant after
move-out if the following conditions are met:

1. There is no unpaid rent or other charges for which the tenant
is liable under the lease or as a result of breaching the lease;

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2. The unit and all equipment are left clean, and all trash and
debris have been removed by the family;

3. There is no breakage or damage beyond that expected from
normal wear and tear; and,

4. There was proper notice given under the lease and all keys
issued have been returned to GHA when the family vacates
the unit.

3. Caretaker for Children

1. If circumstances evolve that cause neither parent to remain in the household and the
appropriate agency has determined that another adult is to be brought into the
assisted unit to care for any minors left in the household for an indefinite period, GHA
will treat that adult as a temporary guardian for the first thirty (30) calendar days.

2. The income received by the temporary guardian will be counted in determining family
income.

3. If by the end of that period, court-awarded custody or legal guardianship has been
awarded to the caretaker, the assistance will be transferred to the caretaker, pending
an eligibility review of the caretaker, including a background screening.

4. Although typically a criminal background check is required before anyone can receive
public housing assistance, this requirement will be waived for a guardian in this
situation. Instead, the background check will occur after the person moves in. If the
results of the check dictate that the person is ineligible for the program, the family shall
be given a reasonable time to find a replacement guardian or lose the assistance.

5. If the appropriate agency cannot confirm the guardianship status of the caretaker,
GHA will review the status at 30-day intervals. Each case will be considered on its
individual merits and a determination will be made based on the specifics of each case
alone.

6. Any person(s) brought into a public housing unit for any purpose must not have a
criminal background that would prevent any other person from living in the unit, nor
must the person(s) have been previously trespassed from the public housing rental
communities.

7. If the court has not awarded custody or legal guardianship, but the action is in process,
GHA will secure verification from social services staff or the attorney as to the status.

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8. If custody is awarded for a limited time in excess of stated period, GHA will state in
writing that the transfer of the unit is for that limited time or as long as the legal
caretaker has custody of the children. GHA will use discretion as deemed appropriate
in determining any further assignation of the unit on behalf of the children. Any further
assignation of the unit will be subject to an eligibility review, including a background
screening.

9. The caretaker will be allowed to remain in the unit, as a visitor, until a determination
of custody is made unless there is evidence of an unsatisfactory background, such as
a criminal history. If the caretaker violates any family obligations while temporarily in
the assisted family, the transfer will be denied.

10. GHA will transfer the unit to the caretaker, in the absence of a court order, if the
caretaker has been in the unit for more than 12 months and it is reasonable to expect
that custody will be granted, and the caretaker has qualified for the program through
an eligibility review and background screening.

11. When GHA approves a person to reside in the unit as caretaker for the child/children,
the income should be counted pending a final disposition. GHA will work with the
appropriate service agencies to provide a smooth transition in these cases.

12. If a member of the household is subject to a court order that restricts him/her from the
home for more than 30 calendar days, the person will be considered permanently
absent.

13. GHA will not consider a request for a caretaker if the need for the caretaker is the
result of criminal activity of the head of household. GHA will request police reports and
review for eviction or non-renewal of the lease.

11.11 Live-in aide (§5.403, PIH 2010-51)
A live-in aide is defined in 24CFR §5.403 as a person who resides with an elderly,
disabled, or disabled person or persons and who:
1.
Is determined to be essential to the care and well-being of the person(s)
2.
Is not obligated for the support of the persons; and
3.
Would not be living in the unit except to provide the necessary supportive
services. This also applies to additional family members of the live-in aide.

4.
Is not considered a household member as income is not included in rent
calculation and would not be entitled to remain in the unit if the resident no
longer is in need of it (move out of unit, i.e., death, nursing home, etc.).

In accordance with PIH Notice 2010-51, only one additional bedroom will be approved for
a live-in aide. GHA will also enforce HQS standards to ensure there is no more than two

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people per bedroom or living/sleeping space If the approval of the live-in aide will result
in a violation of HQS standards, the live-in aide may not be approved.

Also, if approved and not in violation with HQS standards, if a live-in aide with an
additional family member is approved, all must pass a background check. If not, the live-
in aide will not be approved.

GHA will also consider additional requirements and limitations on the addition of a live- in
aid if the request includes additional persons added to the household, or if full time 24/7
care is not required.

GHA will not approve an extra bedroom for a live-in aide who is not identified and passed
a criminal background check, has committed fraud in any other federal housing program,
or currently owes rent to any GHA for any housing assistance program.

Rotating aides, occasional, intermittent, or multiple aides do not meet the definition of a
live-in aide and therefore do not qualify for an extra bedroom.

Refer to Section 10.2(F) for verification requirements for medical accommodations.

If a live-in aide is employed outside of the home of the individual needing the aide, GHA
will request verification regarding the extent of the care needed and if applicable, request
information regarding who is caring for the individual while the approved live-in aide is at
work. If it is determined that this is a rotating aide situation, the live-in aide will not be
approved, in accordance with PIH Notice 2010-51 and related federal program
regulations.

If it is determined that the live-in aide is not the person that was approved by GHA, the
family will be notified of non-compliance and the need to move the person out. GHA will
perform an immediate interim to correct the payment standard based on a reduced
bedroom size unit.

If it is determined that a live-in aide was approved and the payment standard in place is
for an additional bedroom for the live-in aide, but GHA discovers that there is no aide
living in the unit, GHA will perform an immediate interim to correct the payment standard
based on a reduced bedroom size unit.

If the failure to have a live-in aide, or if the person in the unit is not an approved live in
aide will be cause for review for termination of assistance.

A live in aide (LIA) cannot be changed to a household member but a household member
can be changed to a live in aide.

11.12 Absence from the Unit
Because the purpose for the public housing program is to give a low-income family an
affordable home, if the family is not using it as their sole residence and is absent for more
than 30 calendar days without authorization, the family will be terminated from the
program.

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Absence means that no member of the approved family is residing in the unit.

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The family may be absent from the unit for up to 30 calendar days. The family must
request permission, from GHA for absences that will exceed 30 calendar days. GHA will
make a determination within five (5) business days of the request.

An authorized absence may not exceed 180 calendar days. Authorized absences may
include, but are not limited to:

1.
Prolonged hospitalization. The family must provide GHA with proof of
hospital stay. The reason for hospitalization is not needed, however the
proof of why they were not able to reside in the unit based on time in a
medical facility is necessary.

2.
Absences beyond the control of the family (i.e., death in the family, other
family member illness).

3.
Other absences deemed necessary by GHA.

Incarceration is not considered an authorized absence. GHA will terminate assistance if
absence over 30 days is due to incarceration.

If incarceration of a lesser period of time causes other family obligations to be violated,
GHA will terminate assistance.

If the head of household, or any other household member, does not reside in the unit for
30 calendar days, and the absence is unauthorized, the remaining family member(s) must
notify GHA. GHA will review for change to head of household or termination depending
upon family composition (Domestic violence situations will be considered.)

If GHA suspects that a family, or household member, is absent from a unit for more than
30 calendar days, and the absence was not authorized, GHA will request information,
including documentation relating to the occupancy or absence from the unit:

The family must supply any information or certification requested by GHA to
verify that the family is living in the unit or relating to family absence from the unit.
The family must cooperate with GHA for this purpose.

The family must promptly notify GHA of its absence from the unit. GHA may
contact neighbors, family members, and make site visits. GHA may set an
appointment by mail to review any suspected absences. Failure to respond to
the notice or to attend the meeting will be construed as reasonable proof of
absence from unit.

GHA will also act in accordance with the Arizona Residential Landlord Tenant Act, Section
33-1370, “Abandonment; notice; remedies; personal property; definition

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12.0 Income, Exclusions From Income, and Deductions From Income

To determine annual income, GHA counts the income of all family members, except for
the types and sources of income that are specifically excluded. On HUD Form 50058,
GHA will identify income from all sources and all types, and distinguish between included
and excluded amounts. Once the included annual income is determined, GHA subtracts
all allowable deductions (allowances) to determine the Total Tenant Payment.

12.1 Annual Income (§5.609, 5.612)
Annual income means all amounts, monetary or not, that:

1) Are paid or provided to (or on behalf of) the family head or spouse (even if
temporarily absent) or to any other family member, or

2) Are anticipated to be received from a source outside the family during the 12-
month period following admission or annual re-examination effective date; and

3) Are not specifically excluded from annual income.

4) If it is not feasible to calculate a level of income over a 12-month period (e.g.
seasonal, periodic, or cyclic income), GHA may calculate the income for a shorter
period, subject to a re-determination at the end of the shorter period. (§5.609(d)).

5) If payments are assigned to the family head, spouse or co-head on behalf of any
other family member, but the payment is voluntarily given to someone outside of
the family, unless there is a written, legal agreement between the parties, the
payments will be included as income to the assisted household.

6) If the head of household, or another family member is married, and the absent
spouse is not an approved member of the household, GHA will consider them
temporarily absent and the income of the absent spouse will be counted. The
exception is a legal separation or other court order prohibiting the spouses from
maintaining contact.

7) Funds deposited into a bank account will be considered income and used to
calculate income, unless excluded by GHA or legal agreement. Such
determination shall be made on a case-by-case basis and solely at the discretion
of GHA.

Annual income includes, but is not limited to the amounts specified in the federal
regulations currently found in 24 CFR §5.609 and 5.612:

1) The full amount, before any payroll deductions, of wages and salaries, overtime
pay, commissions, fees, tips and bonuses, and other compensation for personal
services.

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2) The net income from the operation of a business or profession. Expenditures for
business expansion or amortization of capital indebtedness are not used as
deductions in determining net income. An allowance for depreciation of assets
used in a business or profession may be deducted, based on straight-line
depreciation, as provided in Internal Revenue Service regulations. Any withdrawal
of cash or assets from the operation of a business or profession is included in
income, except to the extent the withdrawal is reimbursement of cash or assets
invested in the operation by the family.

3) Interest, dividends, and other net income of any kind from real or personal property.
Expenditures for amortization of capital indebtedness are not used as deductions
in determining net income. An allowance for depreciation of assets used in a
business or profession may be deducted, based on straight-line depreciation, as
provided in Internal Revenue Service regulations. Any withdrawal of cash or assets
from an investment is included in income, except to the extent the withdrawal is
reimbursement of cash or assets invested by the family. Where the family has net
family assets in excess of $50,000, annual income includes the greater of the
actual income derived from all net family assets or a percentage of the value of
such assets based on the current passbook savings rate, as determined by HUD.
Income that could have been derived from assets worth more than $1,000 that were
disposed of for less than fair market value within the past two years will be counted
as income.

4) Asset income of minors is counted as income.

5) The full amount of periodic amounts received from Social Security, annuities,
insurance policies, retirement funds, pensions, disability, or death benefits, and
other similar types of periodic receipts, including a lump-sum amount or
prospective monthly amounts for the delayed start of a periodic amount. (However,
deferred periodic amounts from supplemental security income and Social Security
benefits that are received in a lump sum amount or in prospective monthly amounts
are excluded.)

6) Payments in lieu of earnings, such as unemployment and disability compensation,
worker's compensation, and severance pay. (However, lump sum additions such
as insurance payments from worker's compensation are excluded.)

7) Portion of athletic scholarships that is available specifically for housing costs.

8) Welfare assistance.

1. Welfare assistance payments made under the Temporary Assistance for Needy Families
(TANF) program are included in annual income only to the extent such
payments:

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1)
Qualify as assistance under the TANF program definition at 45 CFR
260.31; and
2)
Are not otherwise excluded under paragraph Section 12.2 of this Plan.

If the welfare assistance payment includes an amount specifically designated
for
shelter and utilities that is subject to adjustment by the welfare assistance agency in
accordance with the actual cost of shelter and utilities, the amount of
welfare
assistance income to be included as income consists of:

1) The amount of the allowance or grant exclusive of the amount specifically
designated for shelter or utilities; plus

2) The maximum amount that the welfare assistance agency could in fact allow the
family for shelter and utilities. If the family's welfare assistance is ratably reduced
from the standard of need by applying a percentage, the amount calculated under
this requirement is the amount resulting from one application of the percentage.

If the amount of welfare is reduced due to an act of fraud by a family member or because
of any family member's failure to comply with requirements to participate in an economic
self-sufficiency program or work activity, the amount of rent required to be paid by the
family will not be decreased. In such cases, the amount of income attributable to the family
will include what the family would have received had they complied with the welfare
requirements and/or had not committed an act of fraud.

2. Imputed welfare income.

1. A family's annual income includes the amount of
imputed welfare income (because of a specified
welfare benefits reduction, as specified in notice to
GHA by the welfare agency resulting from either
welfare fraud or the failure to comply with economic
self-sufficiency requirements), plus the total amount of
other annual income.

2. At the request of GHA, the welfare agency will inform
GHA in writing of the amount and term of any specified
welfare benefit reduction for a family member, and the
reason for such reduction, and will also inform GHA of
any subsequent changes in the term or amount of such
specified welfare benefit reduction. GHA will use this
information to determine the amount of imputed welfare
income for a family.

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3. A family's annual income includes imputed welfare
income in family annual income, as determined at an
interim or regular re-examination of family income and
composition, during the term of the welfare benefits
reduction (as specified in information provided to GHA
by the welfare agency).

4. The amount of the imputed welfare income is offset by
the amount of additional income a family receives that
commences after the time the sanction was imposed.
When such additional income from other sources is at
least equal to the imputed welfare income, the imputed
welfare income is reduced to zero.

5. GHA will not include imputed welfare income in annual
income if the family was not an assisted resident at the
time of the sanction

6. If a participant is not satisfied that GHA has calculated
the amount of imputed welfare income in accordance
with HUD requirements, and if GHA denies the family's
request to modify such amount, then GHA shall give
the resident written notice of such denial, with a brief
explanation of the basis for GHA’s determination of the
amount of imputed welfare income. GHA’s notice shall
also state that if the resident does not agree with the
determination, the resident may contest the decision in
accordance with our informal review policy.

3. Interactions with welfare agencies

1) GHA has electronic access to state welfare records, in
accordance with agreements, and will use these records
for admissions and continued occupancy reviews. All
information in available via electronic access/format.

2) GHA will ask welfare agencies to inform it of any specified
welfare benefits reduction for a family member, the reason
for such reduction, the term of any such reduction, and any
subsequent welfare agency determination affecting the
amount or term of a specified welfare benefits reduction. If
the welfare agency determines a specified welfare benefits
reduction for a family member, and gives GHA written
notice of such reduction, the family's annual

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income shall include the imputed welfare income because
of the specified welfare benefits reduction.

3) GHA is responsible for determining the amount of imputed
welfare income that is included in the family's annual
income as a result of a specified welfare benefits reduction
as determined by the welfare agency and specified in the
notice by the welfare agency to GHA. However, GHA is not
responsible for determining whether a reduction of welfare
benefits by the welfare agency was correctly determined
by the welfare agency in accordance with welfare program
requirements and procedures, nor for providing the
opportunity for review or hearing on such welfare agency
determinations.

4) Such welfare agency determinations are the responsibility
of the welfare agency, and the family may seek appeal of
such determinations through the welfare agency's normal
due process procedures. GHA shall rely on the welfare
agency notice to GHA of the welfare agency's
determination of a specified welfare benefits reduction.

5) Periodic and quantifiable allowances, such as alimony and
child support payments, and regular contributions or gifts
received from organizations or from persons not residing
in the dwelling.

6) All regular pay, special pay, and allowances of a member
of the Armed Forces. (Special pay to a member exposed
to hostile fire is excluded.)

7) Unless otherwise verified, child support from a court
awarded settlement agreement that is not being paid, if no
attempt to collect is being made. If an attempt is being
made to collect the support amount owed, and that attempt
can be verified, the amounts owed are only counted as
income once they are actually received. GHA will accept
verification that the family is receiving an amount less than
the award if the family furnishes documentation of a child
support or alimony collection action filed through a child
support enforcement/collection agency or has filed an
enforcement or collection action through an attorney. GHA
utilizes the State Department of Economic Security

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Child Support Enforcement database to verify child
support collection activity.

8) Costs for the purchase of the medical marijuana registry
card and the purchase of medical marijuana are not
deductions from income

9) Any financial assistance in excess of amounts received for
tuition, that an individual receives under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), from
private sources, or from an institution of higher education
(as defined under the Higher Education Act of 1965 (20
U.S.C. 1002)), shall be considered income to that
individual, except for persons over the age of 23 with
dependent children. Also see Section 12.2 for definition of
housing
eligibility
for
students.
For
purposes
of
determining income, “financial assistance” does not
include loan proceeds.

10) The individual must obtain a certification of the amount of
financial assistance that will be provided by parents,
signed by the individual providing the support.
NOTE: This certification is required even if no assistance will be provided for the
student receiving the tuition assistance.
This rule does not apply to students residing with their parents in a Section 8 assisted unit
or who are applying for Section 8 assistance or is a disabled person.

12.2 Exclusions from Income (§5.609, §5.612)
Annual income does not include the following amounts specified in the federal regulations
currently found in 24 CFR §5.609:

Income from employment of children (including foster children) under the age of 18 years;

1.
Payments received for the care of foster children or foster adults (usually persons with
disabilities, unrelated to the tenant family, who are unable to live alone) or payments made
under Kin-GAP or similar guardianship care programs for children leaving the juvenile
court system;

2.
Lump-sum additions to family assets, such as inheritances, insurance payments
(including payments under health and accident insurance and worker's compensation),
capital gains and settlement for personal or property losses;

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3.
Amounts received by the family that is specifically for, or in reimbursement of, the cost of
medical expenses for any family member ;
1)
Income of a live-in aide;

4.
SEE DEFINITION OF TUITION IN THE GLOSSARY.
5.
The amount of student financial assistance paid directly to the student or to the
educational institution for tuition.
6.
(For Section 8, any financial assistance in excess of amounts received for tuition, that an
individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from
private sources, or from an institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual,
except for persons over the age of 23 with dependent children, or is a disabled person.
Also, see Section 3.2 for definition of housing eligibility for students. For purposes of
determining income, “financial assistance” does not include loan proceeds.)

7.
The special pay to a family member serving in the Armed Forces who is exposed to hostile
fire;

8.
The amounts received from the following programs:

1)
Amounts received under training programs funded by HUD;

2)
Amounts received by a person with a disability that are disregarded
for a limited time for purposes of Supplemental Security Income
eligibility and benefits because they are set aside for use under a
Plan to Attain self-sufficiency (PASS);

3)
Amounts received by a participant in other publicly assisted
programs that are specifically for or in reimbursement of out-of-
pocket
expenses
incurred
(special
equipment,
clothing,
transportation, childcare, etc.) and that are made solely to allow
participation in a specific program;

4)
Amounts received under a resident service stipend. A resident
service stipend is a modest amount (not to exceed $200 per month)
received by a resident for performing a service for the Housing
Authority or owner, on a part-time basis, that enhances the quality of
life in the development. Such services may include, but are not
limited to, fire patrol, hall monitoring, lawn maintenance, resident
initiative coordination, and serving as a member of GHA’s governing
board. No resident may receive more than one such stipend during
the same period of time;

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5)
Incremental earnings and benefits resulting to any family member
from participation in qualifying State or local employment training
programs (including training programs not affiliated with a local
government) and training of a family member as resident
management staff. Amounts excluded by this provision
must
be received under employment training programs with clearly
defined goals and objectives and are excluded only for the period
during which the family member participates in the employment
training program;

6)
“Temporary, nonrecurring, or sporadic” income (including gifts). This
specifically includes temporary income payments from the U. S.
Census Bureau, defined as employment lasting no longer than 180
days per year and not culminating in permanent employment;

7)
Reparation payments paid by a foreign government pursuant to
claims filed under the laws of that government by persons who were
persecuted during the Nazi era;

8)
Earnings in excess of $480 for each full-time student 18 years old or
older (excluding the head of household and spouse);

9)
Adoption assistance payments in excess of $480 per adopted child;

10)
Deferred periodic amounts from Supplemental Security Income and
Social Security benefits that are received in a lump sum amount or
in prospective monthly amounts;

11)
Amounts received by the family in the form of refunds or rebates
under State or local law for property taxes paid on a dwelling unit;

12)
Amounts paid by a State agency to a family with a member who has
a developmental disability and is living at home to offset the cost of
services and equipment needed to keep the developmentally
disabled family member at home; or

13)
Amounts specifically excluded by any other Federal statute from
consideration as income for purposes of determining eligibility or
benefits.
These exclusions include:

1. The value of the allotment provided to an eligible household under the Food Stamp
Act of 1977 (7 U.S.C. 2017(b));

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2. Payments to Volunteers under the Domestic Volunteer Services Act of 1973 (42
U.S.C. 5044(f)(1), 5058);

3. Certain payments received under the Alaska Native Claims Settlement Act (43 U.S.C.
1626(c));

4. Income derived from certain sub-marginal land of the United States that is held in trust
for certain Indian tribes (25 U.S.C. 459e);

5. Payments or allowances made under the Department of Health and Human Services’
Low-Income Home Energy Assistance Program (42 U.S.C. 8624(f));
6. Income derived from the disposition of funds to the Grand River Band of Ottawa
Indians (Pub. L. 94–540, section 6

7. The first $2,000 of per capita shares received from judgment funds awarded by the
Indian National Gaming Commission or the U.S. Claims Court, the interests of
individual Indians in trust or restricted lands, and the first $2,000 per year of income
received by individual Indians from funds derived from interests held in such trust or
restricted lands (25 U.S.C. 1407-1408). This exclusion does not include proceeds of
gaming operations regulated by the Commission;

8. Amounts of scholarships funded under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070), including awards under Federal work-study programs or under the
Bureau of Indian Affairs student assistance programs (20 U.S.C. 1087uu). For Section
8 programs, only (42 U.S.C. 1437f), any financial assistance in excess of amounts
received by an individual for tuition and any other required fees and charges under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
an institution of higher education (as defined under the Higher Education Act of 1965
(20 U.S.C. 1002)), shall not be considered income to that individual if the individual is
over the age of 23 with dependent children (Pub. L. 109-115, section 327) (as
amended);

9. Payments received from programs funded under Title V of the Older Americans Act of
1985 (42 U.S.C. 3056(g));

10. Payments received on or after January 1, 1989, from the Agent Orange Settlement
Fund (Pub. L. 101-201) or any other fund established pursuant to the settlement in In
Re Agent-Orange Liability Litigation, M.D.L. No. 381 (E.D.N.Y.);

11. Payments received under the Maine Indian Claims Settlement Act of 1980 (Pub. L.
96-420), (25 U.S.C. 1728);

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12. The value of any childcare provided or arranged (or any amount received as payment
for such care or reimbursement for costs incurred for such care) under the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858q);

13. Earned income tax credit (EITC) refund payments received on or after January 1,
1991, for programs administered under the United States Housing Act of 1937, title V
of the Housing Act of 1949, section 101 of the Housing and Urban Development Act
of 1965, and sections 221 (d)(3), 235, and 236 of the National Housing Act (26 U.S.C.
32(j));

14. Payments by the Indian Claims Commission to the Confederated Tribes and Bands of
Yakima Indian Nation or the Apache Tribe of Mescalero Reservation (Pub. L. 95–
433);

15. Allowances, earnings and payments to AmeriCorps participants under the National
and Community Service Act of 1990 (42 U.S.C. 12637(d));

16. Any allowance paid under the provisions of 38 U.S.C. 1883(c) to children of Vietnam
veterans born with spina bifida (38 U.S.C. 1802-05), children of women Vietnam
veterans born with certain birth defects (38 U.S.C. 1811-16), and children of certain
Korean service veterans born with spina bifida (38 U.S.C. 1821);

17. Any amount of crime victim compensation (under the Victims of Crime Act) received
through crime victim assistance (or payment or reimbursement of the cost of such
assistance) as determined under the Victims of Crime Act because of the commission
of a crime against the applicant under the Victims of Crime Act (42 U.S.C. 10602(c));

18. Allowances, earnings and payments to individuals participating in programs under the
Workforce Investment Act of 1998 (29 U.S.C. 2931(a)(2));

19. Any amount received under the Richard B. Russell School Lunch Act (U.S.C. 1760(e))
and the Child Nutrition Act of 1966 (42 U.S.C. 1760(b)), including reduced-price
lunches and food under the Special Supplemental Food Program for Women, Infants,
and Children (WIC);

20. Payments, funds or distributions authorized, established, or directed by the Seneca
Nation Settlement Act of 1990 (25 U.S.C. 1774f(b));
21. Payments from any deferred U.S. Department of Veterans Affairs disability benefits
that are received in a lump sum amount or in prospective monthly amounts (42 U.S.C.
§ 1437a(b)(4));

22. Compensation received by or on behalf of a veteran for service-connected disability,
death, dependency, or indemnity compensation as provided by an amendment by an
amendment by the Indian Veterans Housing Opportunity Act of 2010 (Pub. L. 111-

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269; 25 U.S.C. 4103(9)) to the definition of income applicable to programs authorized
under the Native American Housing Assistance and Self-Determination Act
(NAHASDA) (25 U.S.C. 4101 et seq.) and administered by the Office of Native
American Programs;

23. A lump sum or a periodic payment received by an individual Indian pursuant to the
Class Action Settlement Agreement in the case entitled Elouise Cobell et al. v. Ken
Salazar et al., 816 F. Supp. 2d 10 (Oct. 5, 2011 D.D.C.), for a period of one year from
the time of receipt of that payment as provided in the Claims Resolution Act of 2010
(Pub. L. 111-291);

24. Any amounts in an “individual development account” as provided by the Assets for
Independence Act, as amended in 2002 (Pub. L. 107-110, 42 U.S.C. 604(h)(4));

25. Per capita payments made from the proceeds of Indian Tribal Trust Cases as
described in PIH Notice 2013-30 “Exclusion from Income of Payments under Recent
Tribal Trust Settlements” (25 U.S.C. 117b(a)); and

26. Major disaster and emergency assistance received by individuals and families under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Pub. L. 93-288,
as amended) and comparable disaster assistance provided by States, local
governments, and disaster assistance organizations. (42 U.S.C. 5155(d)).

1) Accounts created under the Achieving a Better Life Experience Act of
2014 (ABLE Act) are excluded from the calculation of both income and
assets (PIH 2019-9).

GHA will not provide exclusions from income in addition to those already provided for by
HUD.
12.3 Deductions from Annual Income (§5.611; §5.617)
The following deductions will be made from annual income:
1. $480 for each dependent
2. $400 for any elderly family or disabled family (24 CFR §5.403)
3. The sum of the following, to the extent the sum exceeds three percent of annual
income: (24 CFR §5.611(3))
1)
Unreimbursed medical expenses of any elderly family or disabled
family including any fee paid by the participant for the Medicare
Prescription Drug Program. Costs for the purchase of the medical

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marijuana registry card and the purchase of medical marijuana are
not deductions from income; and
2)
Unreimbursed reasonable attendant care and auxiliary apparatus
(auxiliary apparatus can include veterinarian costs and food costs of
a service animal, costs of maintaining necessary equipment added
to a vehicle but not the cost of the vehicle itself or maintenance of
the vehicle not associated with the necessary apparatus), expenses
for each member of the family who is a person with disabilities, to the
extent necessary to enable any member of the family (including the
member who is a person with disabilities) to be employed, but this
allowance may not exceed the earned income received by family
members who are 18 years of age or older who are able to work
because of such attendant care or auxiliary apparatus; and
3)
The Medicare assistance provided prior to May 15, 2006 for the cost
of drugs pursuant to prescription drug discount cards, negotiated
drug price, or transitional assistance subsidies.
4. Reasonable full or part-time childcare expenses for children under age 13
necessary to enable an adult family member to be actively seeking work, to be
employed, or to further his or her education. This deduction shall not exceed the
amount of employment income that is included in annual income. In the case of
a family where both adults are able to work, HUD suggests using the lesser
income as the annual income limit.
Childcare allowances cannot exceed the income that is included in annual
income that the enabled family member earns.
** Reasonable full time childcare is defined to be no more than the amount published by the
Arizona Department of Economic Security (DES) as the average median cost as
determined
by
the
DES
market
rate
survey
for
Maricopa
County
(See
http://arizonachildcare.org/acccost.html for recent costs). Childcare for less than full time
will be prorated based on the DES average median.
5.
For persons with disabilities, the incremental earnings due to employment
during a cumulative 12-month period following date of the initial hire shall be
excluded. This exclusion is only available to the following families:
1) Qualified families whose income increases as a result of employment
of a family member who is a person with disabilities who was
previously unemployed (See definition of “Previously Unemployed”)
for one or more years prior to employment.
2) Earned income in excess of income prior to the qualifying change is
excluded.

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3) Qualified families whose income increases as a result of participation
of a family member who is a person with disabilities in any economic
self-sufficiency or other job-training program.
6.
Persons with disabilities who are or were, within 6 months, assisted under a State
TANF or Welfare-to-Work program. TANF includes regular monthly income and one-
time benefits and/or services that total at least $500 over a six-month period.
During the second cumulative 12-month period after the date of initial hire, 50% of the
increased income shall be excluded from income.
The disallowance of increased income of an individual family member is limited to a
lifetime, consecutive 48-month period. It only applies for 12 months of the 100%
exclusion and 12 months of the 50% exclusion.
Noncitizen/ineligible family members do not qualify for this exclusion.

12.4 Receipt of A Letter or Notice from HUD Concerning Income
1. If a PH participant receives a letter or notice from HUD concerning the amount or
verification of family income, the letter shall be brought to the responsible housing
specialist for income verification within thirty (30) calendar days of receipt by the
participant.
2. GHA Administrator or authorized designee shall reconcile any difference between
the amount reported by the participant and the amount listed in the HUD
communication. This reconciliation shall occur as promptly as possible.
3. After the reconciliation is complete, GHA shall, if appropriate, adjust the
participant's rental contribution beginning at the start of the next month. If the
reconciliation is completed during the final five (5) calendar days of the month, the
new rent shall take effect on the first day of the second month following the end of
the current month. In addition, if the participant had not previously reported the
proper income, GHA shall do one of the following:

1.
Immediately collect the overpaid assistance paid by the agency;

2.
Establish a repayment plan for the resident to pay the sum due to
GHA;

3.
Terminate the participant from the program for failure to report
income; or

4.
Terminate the participant from the program for failure to report
income and collect the overpaid assistance paid by the agency.

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12.4.1 Cooperating with Welfare Agencies
GHA will make its best efforts to enter into cooperation agreements with local welfare
agencies. The welfare agencies will agree:

1)
To target assistance, benefits, and services to families receiving assistance
in the public housing and Section 8 tenant-based assistance program to
achieve self-sufficiency.

2)
To provide written verification to GHA concerning welfare benefits for
families applying for or receiving assistance in our housing assistance
programs.

13.0 VERIFICATION

GHA will verify information to confirm claimed waiting list preferences, eligibility, and level
of benefits prior to admission. During occupancy, eligibility and income will also be
reviewed and verified on an annual basis or whenever there is a change in household
composition. For family members 18 years of age and older, income, assets, expenses,
disability and student statuses and related adjustments will be verified. Social Security
Numbers and citizenship/eligible non-citizen status is only required for any new
family/household members who claim eligibility. Age and relationship will only be verified
in those instances where necessary to determine the of level of assistance.
An applicant may claim qualification for a ranking preference by certifying to GHA that the
family qualifies for such preference(s) and must provide information needed by GHA to
verify that the applicant qualifies for the preference. Admission decisions are based on
the applicant’s current status, not on the status on the date of the pre-application. Once
GHA has verified that an applicant qualifies for a preference, GHA will only request
additional verification if 60 calendar days have passed since the initial verification or
information exists to suggest that the applicant no longer qualifies for a preference.

13.1 Document Age
Verification documents must be dated within 60 calendar days of certification or re-
examination. If the verification is older than 60 calendar days, the source will be contacted
and asked to provide information regarding any changes.
When an interim re-examination is conducted, GHA will verify and update only those
elements reported to have changed.

13.2 Social Security Numbers
Applicants who claim program eligibility shall verify their SSN by either submitting a valid,
original SSN issued by the Social Security Administration, an original document issued

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by the federal or state agency which contains the name, SSN and identifying information
of the applicant or such other evidence of the SSN as HUD may prescribe in any
administrative instructions.

13.3 CITIZENSHIP/ELIGIBLE IMMIGRANT STATUS (§5.506)
To be eligible for Federal housing assistance, at least one member of the household must
be a U.S. citizen or have a qualifying immigration status. The eligible person does not
have to be the person completing the application and the eligible person is not required to
be an adult. A family in which some family members have eligible immigration status,
and some do not contend eligible immigration status, is called a mixed-status
family/household. Mixed-status families/households receive prorated assistance based
on the percentage of family/household members who qualify for assistance. An ineligible
adult applying for benefits on behalf of an eligible person will be included as an ineligible
household member.
13.3.1 Qualifying Immigration Statuses
An individual who is not a U.S. citizen or national who is a resident of the U.S. and has
any of the following immigration statuses is eligible for assistance:
•
A non-citizen lawfully admitted for permanent residence as an immigrant (includes
special agricultural workers granted lawful temporary resident status and
noncitizens that indicate they have satisfactory immigration status, such as VAWA
self-petitioners, whose verification of eligibility or appeal of a determination as to
permanent residence is pending with DHS).
•
A non-citizen who entered the United States before 1/1/72 (or such later date as
enacted by law) and:
o Has continuously maintained residence in the U.S. since then; and
o Is not ineligible for citizenship, but who is deemed to be lawfully admitted
for permanent residence as a result of an exercise of discretion by the
Attorney General.
•
A non-citizen who is lawfully present in the United States as a result of:
o Refugee status, including:
1) Those granted Temporary Protective Status (TPS) under the Victims of
Trafficking and Violence Protection Act of 2000 (P.L. 106-386) (section 207
of the Immigration and Nationality Act (INA)) – these families have a “T”
visa; or
2) The granting of asylum (which has not been terminated (section 208); or
3) The granting of conditional entry (section 203 (a)(7)) prior to 4/1/80
because of persecution of fear on account of race, religion, or political
opinion, or because of being uprooted by catastrophic national calamity.
•
A non-citizen who is lawfully present in the United States as a result of an exercise
of discretion by the Attorney General for emergent reasons or reasons deemed
strictly in the public interest (section 221(d)(5)) (e.g., parole status).

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•
A non-citizen who is lawfully present in the United States as a result of the Attorney
General's’ withholding deportation (section 243(h)) (threat to life or freedom).
•
A non-citizen lawfully admitted for temporary or permanent residence (245A)
(amnesty granted).
•
An alien who is lawfully residing in the United States and its territories and
possessions under section 141 of the Compacts of Free Association between the
Government of the United States and the Governments of the Marshall Islands, the
Federated States of Micronesia (48 U.S.C. 1901 note) and Palau (48 U.S.C. 1931
note) while the applicable section is in effect: Provided, That, within Guam any
such alien shall not be entitled to a preference in receiving assistance under this
Act over any United States citizen or national resident therein who is otherwise
eligible for such assistance.
13.3.2 Documentation of Citizenship or Immigration Status
For each family member who contends that he or she is a U.S. citizen or a noncitizen with
eligible immigration status, the family must submit to GHA a written declaration, signed
under the penalty of perjury, declaring whether he or she is a U.S. citizen or a noncitizen
with eligible immigration status8. For children, the declaration must be signed by an adult
residing in the assisted dwelling unit who is responsible for the child9.
If one or more members of a family elect not to contend that they have eligible
immigration status, and other members of the family establish their citizenship or eligible
immigration status, the family may be eligible for prorated assistance despite the fact that
no declaration or documentation of eligible status is submitted for one or more members
of the family. The family, however, must identify in writing to GHA, the family

member (or members) who will elect not to contend that he or she has eligible
immigration status10.
13.3.2.1 Evidence of Citizenship or Eligible Immigration Status11
Each family member claiming program eligibility, regardless of age, must submit the
following evidence to GHA:
(1) For U.S. citizens or U.S. nationals, the evidence consists of a signed
declaration of U.S. citizenship or U.S. nationality. The responsible entity may
request verification of the declaration by requiring presentation of a United States
passport or other appropriate documentation, as specified in HUD guidance.
(2) For noncitizens who are 62 years of age or older or who will be 62 years of age
or older and receiving assistance under a Section 214 covered program on
September 30, 1996 or applying for assistance on or after that date, the evidence
consists of:

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(i) A signed declaration of eligible immigration status; and
(ii) Proof of age document.
(3) For all other noncitizens, the evidence consists of:
(i) A signed declaration of eligible immigration status;
(ii) One of the INS documents referred to in §5.510; and
(iii) A signed verification consent form.
Documentation must be submitted by the time of the eligibility determination. Once
documents have been submitted and verified for an individual, citizenship documentation
for that individual will not need to be collected again. Household members who do not
provide the required evidence of citizenship or eligible immigration status will be
considered ineligible.
13.3.2.2
Extensions
GHA must provide an extension of up to 30 days to submit evidence of eligible status if
the family/household submits the declaration of eligible immigration status and certifies
that the family needs more time because the required evidence is temporarily
unavailable. To obtain an extension, the family/household must also certify that prompt
and diligent efforts will be undertaken to obtain the evidence.
Upon determining if the extension request meets the requirements, GHA must inform the
family, in writing, whether its request for a time extension has been granted or denied. If
granted, the notice must state the specific period of the extension. If the extension
request is denied, the notice must explain the reasons for the denial.
13.3.3 Verification of Eligible Immigration Status
GHA is required to verify eligible immigration status of at least one household member
through the U.S. Citizenship and Immigration Service (CIS). GHA may not admit any
individual prior to receiving the required documentation described in Section 5.3.2.1.
above.
13.3.3.1Primary Verification Method
GHA will conduct primary verification of eligible immigration status for at least one
household member through the CIS automated system, Systematic Alien Verification for
Entitlements (SAVE).
13.3.3.1Secondary verification method
If the primary verification system does not confirm eligible immigration status for at least
one household member, or if the primary verification system verifies immigration status
that is ineligible for assistance GHA must attempt secondary verification by requesting a
manual record check by CIS within 10 days of receiving results of the primary verification.
To request secondary verification, the GHA will forward photocopies of the original

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required documents with the form G-845S Document Verification Request or such other
form specified by the.
If secondary verification fails, GHA must notify the family/household in writing to include:
•
A statement that financial assistance will be denied or terminated and the
justification;
•
Notification that the family may be eligible for prorated assistance if it is a mixed-
status family;
•
In the case of a currently assisted household, the procedures for requesting
proration of assistance;
•
The right to appeal the results of the secondary verification to the CIS and how
to appeal; and
•
The right to request an informal hearing from the GHA in lieu of or after a CIS
appeal
13.3.3.2 CIS Appeals Process
GHA must notify the family in writing if the secondary verification process does not confirm
eligible immigration status for at least one household member. The notice must indicate
whether assistance will be delayed, denied, or terminated and inform the family of the
right to file an appeal with the CIS.
If the family wants to exercise its right of appeal with the CIS, the family must submit a
written request for an appeal to the CIS within 30 days of the date of the GHA notification.
The family must also take the following steps:

•
Include with the appeal request a cover letter and any support documentation as
well as a copy of the verification request form (CIS Form G-845S) which was
submitted by GHA for the secondary verification request;
•
Provide GHA with a copy of the request for appeal with the CIS and proof of
mailing (e.g., USPS Certified Mail ©, a service that provides the sender with a
mailing receipt); and
•
Provide any additional documentation that the CIS may request.
Within 30 days the CIS must render its decision to the family and forward a copy to GHA
(or provide notice of the reasons for any delay).
13.3.3.3 Delay, Denial, or Termination of Assistance
GHA will not delay, deny, or terminate assistance to an applicant or participant on the
basis of ineligible immigration status of a family member if any of the following
circumstances apply:
•
At least one person in the household is a U.S. citizen or an eligible noncitizen
who has been verified by CIS;
•
The family has submitted the required documents to GHA in a timely manner,
but the primary and secondary verification processes has not been completed;

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•
The family member whom the GHA has not determined eligible moves out of the
household;
•
The CIS appeals process has not been completed;
•
Assistance is prorated, and the family is not receiving assistance for the family
member(s) whose eligible immigration status has not been verified; or
•
For a program participant, the informal hearing process is not complete.
Assistance must be denied or terminated when:
•
The family has not submitted the declaration of citizenship or eligible immigration
status for at least one household member and appropriate documentation by the
specified deadline or any extension;
•
The family has submitted required documentation, but CIS primary and secondary
verification do not verify immigration status and the family does not pursue CIS or
GHA appeal;
•
The family has submitted required documentation, but CIS primary and secondary
verification do not verify immigration status, and CIS or GHA appeal is pursued but
decision(s) are rendered against the family; or
•
GHA determines that a family has knowingly permitted an ineligible person to live in the
assisted unit. In this case, GHA must terminate assistance for at least 24 months. This
does not apply if the ineligibility of the ineligible individual at issue was considered in
calculating any proration of assistance provided for the family.
For information regarding verification of citizenship status, see Chapter 13.12 for details
and Exhibit 1 for document types.
13.3 Frequency
Household composition will be verified annually, unless an interim examination is
necessary. Verification of eligible immigration status and Social Security number, for at
least one household member, will be obtained only once and must be accomplished prior
to admission. If a family member has attained eligible immigration status and wishes to
apply for and be added to the family’s housing benefits, the family member’s eligible
immigration status will be verified at the next regular re-examination. When a family
member who did not have a Social Security number at admission receives a Social
Security number, that number will be verified at the next regular re-examination.

13.4 Income Verification
HUD requires PHAs to use the Enterprise Income Verification system (EIV) in its entirety
to verify tenant employment and income information during mandatory reexaminations of
family composition and income in order to reduce administrative and subsidy payment
errors.
PHAs are required to access the EIV system and obtain an Income Report for each
household. The PHA is required to maintain the Income Report in the tenant file along

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with the form HUD-50058 and other supporting documentation to support income and
rent determinations for all mandatory annual re-examinations of family income and
composition. If the Income Report does not contain any employment and income
information for the family, the PHA should attempt the next lower level verification
technique, as noted in the below chart.

Level
Verification Technique
Ranking
6
Upfront Income Verification
(UIV) using HUD’s Enterprise
Income Verification (EIV)
system (not available for
income verifications of
applicants)
Highest (Mandatory)
5
Upfront Income Verification
(UIV) using non-HUD system
Highest (Optional)

4
Written Third-Party
Verification
(Includes tenant-provided
documents if generated by
a third party – example –
check stubs, bank
statements)
High (Mandatory to supplement EIV-
reported income sources and when EIV
has no data; Mandatory for non-EIV
reported income sources; Mandatory
when tenant disputes EIV-reported
employment and income information
and is unable to provide acceptable
documentation to support dispute)
3
Written Third-Party
Verification Form
Medium-Low (Mandatory if written
third-party verification documents are
not available or rejected by GHA; and
when the applicant or tenant is unable to
provide acceptable documentation)
2
Oral Third-Party
Verification
Low (Mandatory if written third-party
verification is not available)
1
Tenant Declaration
Low (Use as a last resort when unable
to obtain any type of third-party
verification)

13.5 HUD’s EIV System
The EIV System is a web-based application, which provides PHAs with employment,
wage, unemployment compensation and social security benefit information of tenants

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who participate in the Public Housing and various Section 8 programs under the
jurisdiction of the Office of Public and Indian Housing (PIH). This system is available to
all PHAs nationwide. Information in EIV is derived from computer matching programs
initiated by HUD with the Social Security Administration (SSA) and the U.S. Department
of Health and Human Services (HHS), for all program participants with valid personal
identifying information (name, date of birth (DOB), and social security number (SSN))
reported on the form HUD-50058.
All PHAs are required to review the EIV Income Report of each family before or during
mandatory annual and interim re-examinations of family income and/or composition to
reduce tenant under reporting of income and improper subsidy payments. EIV is classified
as an UIV technique (or automated written third party verification), which helps to identify
income sources and/or amounts that the tenant may not have disclosed. This UIV
technique in many instances will reduce the need to mail or fax third party verification
request forms to an income source. EIV also provides various reports to assist PHAs with
the following:
1. Identifying tenants whose reported personal identifiers do not match the SSA
database;
2. Identifying tenants who need to disclose a SSN;
3. Identifying tenants whose alternate identification number (Alt ID) needs to be
replaced with a SSN;
4. Identifying tenants who may not have reported complete and accurate income
information;
5. Identifying tenants who have started a new job;
6. Identifying tenants who may be receiving duplicate rental assistance;
7. Identifying tenants who are deceased and possibly continuing to receive rental
assistance;
8. Identifying former tenants of PIH rental assistance programs who voluntarily or
involuntarily left the program and have a reportable adverse status and/or owe
money to a PHA or Section 8 landlord.

13.6 Other Up-Front Income Verification (UIV) Sources
GHA will use additional UIV resources as they become available. This will be done before,
during and/or after examinations and/or re-examinations of household income as
appropriate. The following is a list of other sources GHA currently uses.
1. State Wage Information Collection Agencies (SWICAs)
2. State systems for the Temporary Assistance for Needy Families (TANF) program
3. Credit Bureau Information (CBA) credit reports (PIH Notice 2010-19)
4. Internal Revenue Service (IRS) Letter 1722
5. Private sector databases (e.g. The Work Number)
Applicants and participants are still required to disclose accurate and complete
information.

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It is important to note that UIV data will only be used to verify a participant’s eligibility for
a rental assistance program and to determine the level of assistance the participant is
entitled to receive. The verification will be performed only by properly trained persons
whose duties require access to this information. Any other use, unless approved by the
HUD Headquarters UIV Security System Administrator, is specifically prohibited and will
not occur.
No adverse action can be taken against a participant until GHA has independently verified
the UIV information and the participant has been granted an opportunity to contest any
adverse findings through the established grievance procedure. The consequences of
adverse findings may include GHA requiring the immediate payment of any over-subsidy,
entering into a repayment agreement for re-payment over time, eviction, criminal
prosecution, or any other appropriate remedy.

13.7 EIV/UIV Privacy Requirements
In order to view income data in the EIV system, GHA will require a valid Form-HUD 9886
Authorization for Release of Information and Privacy Act Notice and 9887 Notice and
Consent for the Release of Information, signed by all household members who are at
least 18 years of age. Alternative consent forms are not acceptable to HUD for access to
the EIV system. Form HUD-9886 notifies the signer of the authorization and purpose for
collecting the information, the uses of the data, and the consequences to the individual for
failing to provide the information.
EIV data will not be disclosed in any way that would violate the privacy of the individuals
represented in the system.
Tenants will have access to their records upon written request and will have the
opportunity to contest the contents of the information received by GHA through the HUD
EIV system. If the tenant disagrees with any employment/wage information, the tenant
must contest that information with the employer/income source. GHA cannot alter or
modify any information in the EIV system.
Upon submission of additional documentation by the tenant showing information different
than that in the EIV system, GHA will verify the information through third party verification.
If the information is verified by the third party, GHA will correct its records to reflect
correctly verified income information.
If the EIV information is contested by the tenant, but cannot be verified through third party
verification, GHA must use the EIV income information received.
The case file must be thoroughly documented. All supporting documentation must be
included in the file.
Upon written request, GHA can release EIV data to the tenant only. The tenant cannot,
in writing or otherwise, give GHA permission to release the data to a third party.

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File and key control procedures are in place to ensure safeguards of all data received
PHA’s are not required to use EIV during interim reexaminations.

13.8 Records Retention
The EIV Income Report must remain in the tenant file for the duration of tenancy and for a period
of three years from the end of participation (EOP) date or end of the tenant-related action,
whichever is longer. GHA is required to maintain at a minimum, the last three years of the form
HUD-50058 and supporting documentation for all annual and interim re-examinations of family
income. Once the retention period has expired, the EIV Income Record can be destroyed by
appropriate means. GHA policy is to retain records for four years after the conclusion of the
tenancy period.
13.9 Written Third-Party Verification (Including Tenant-provided
Documents)
An original or authenticated copy of a document generated by a third-party source dated
either within the 60-day period preceding the re-examination or GHA request date may
be provided to verify income. Such documentation may be in the possession of the tenant
(or applicant) and is commonly referred to as tenant-provided documents.
It is HUD’s position that such tenant-provided documents are written third-party
verification since these documents originated from a third-party source. GHA may, at its
discretion, reject any tenant-provided documents and follow up directly with the third party
to obtain any necessary verification.
Examples of acceptable tenant-provided documentation include, but are not limited to:
pay stubs, payroll summary report, employer notice/letter of hire/termination, SSA benefit
verification letter, bank statements, child support payment stubs, welfare benefit letters
and/or printouts, and unemployment monetary benefit notices.
GHA will obtain 30 days of current and consecutive pay stubs during the most recent 60-
day period for determining annual income from wages. For new income sources or when
the necessary number of pay stubs are not available, GHA will project income based on
the information from a traditional written third-party verification form or the best available
information.
Third-party written verifications may also be used to supplement independent UIVs
described above. They will be utilized when there is a discrepancy of $200 a month or
more and the participant disputes the UIV results.
When UIV/EIV, written and oral third-party verifications are not available or third parties
do not respond to requests for verification, GHA will use the tenant-provided documents
if they contain complete information. Photocopies of the documents, excluding
government checks, provided by the family will be maintained in the file. In cases in which
staff reviews but cannot copy documents, staff will provide a complete and accurate
written statement describing and verifying the contents of the document(s) they reviewed.

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Note: Social Security benefit information in EIV is updated every three months. If the
tenant agrees with the EIV-reported benefit information, PHAs do not need to obtain or
request a benefit verification letter from the tenant.
13.10.1 Written Third-Party Verification Form
If other verification methods cannot be used, GHA will attempt to obtain verification
information utilizing a standardized form sent to a third-party source by GHA. The form is
completed by the third-party and returned to GHA directly by the third party.
HUD recognizes that third-party verification request forms sent to third-party sources
often are not returned.
HUD requires GHA to rely on documents that originate from a third-party source’s
computerized system and/or database, as this process reduces the likelihood of incorrect
or falsified information being provided on the third-party verification request form. The use
of forms, which originate from a third-party source, will improve the integrity of information
used to determine a family’s income and rent and ultimately reduce improper subsidy
payments. This verification process will also streamline the income verification process.
13.10.2 Oral Third-Party Verifications
This type of verification includes direct contact with the source, in person or by telephone.
When this method is used, staff members will be required to document in writing with
whom they spoke, the date of the conversation, the telephone number, and the facts
obtained. Oral third-party documentation will include the same information as if the
documentation had been written, i.e. name, date of contact, amount received, etc.

13.10 Tenant Declaration
When UIV/EIV, written and oral third-party verifications are not available or third parties
do not respond to requests for verification, GHA may accept a statement detailing
information needed, signed by the head, spouse, co-head, or other adult family member.
Verification forms and reports received will be contained in the applicant/tenant file.
When any verification method other than independent UIV/EIV is utilized, GHA will
document the reason for the choice of the verification methodology in the
applicant/resident’s file.

13.11 Verification Requirements
The following chart outlines the factors that may be considered when verifying information
and gives common examples of the type of verification that will be sought. To obtain third-
party generated verification, GHA will send a request form to the source along with a
release form signed by the applicant/participant. This list is not all-inclusive.

Verification Requirements for Individual Items

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Item to Be Verified
3rd party verification
Hand-carried verification
General Eligibility Items
Social Security Number
Not allowed
Original Social Security
Card, an appropriate
government letter showing
the number or other HUD-
allowed method
Verification Requirements for Individual Items
Item to Be Verified
3rd party verification
Hand-carried verification
Adult Status of Head of
Household
Valid driver’s license,
identification card issued by
a government agency or a
birth certificate.
Citizenship
N/A
INS acceptable
documentation
Eligible immigration
status
INS SAVE confirmation #
INS acceptable
documentation
Student Head of
Household (under age
24)
(Exemption for student
who is a disabled
person)
Certification of financial
assistance from parent or
guardian or other source of
financial support.
All income eligibility requirements
(may include that of parents or
guardian)
Proof of age (over or under
age 24);
Proof of veteran status;
Proof of dependent child in
household

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Independent Student
Status – student must
have established a
household separate
from parents/guardians
for at least one year
prior to applying for
assistance
(Exemption for student
who is a disabled
person)
IRS documentation via IRS Form
4506-T
Proof of separate residence
such as lease, utility bills
that are for the 12-month
period before receiving
assistance.
Copy of tax return for
previous year showing not
claimed as a dependent on
someone else’s tax return;
or a copy of the parent
/guardian tax return showing
the student was not claimed
for the previous year
Full time student status
for household member
not head
Proof of registration and of
semester completion – school
registration and end of semester
grade report
Same.
Verification Requirements for Individual Items
Item to Be Verified
3rd party verification
Hand-carried verification
Disability
**Requires periodic re-
verification of the
disability
Letter from medical professional,
SSI, print-out of benefit amounts
generated by GHA through
automated link to DES, etc.
EIV system verification, if
available for social security
disability benefits.
Certification of Disability
completed and signed by the
medical professional
Proof of SSI or Social
Security disability payments.
(Note – not every disabled
person will be receiving
disability payments.)
Need for a live-in aide
Letter from health care provider
(see PIH 2008-20)
knowledgeable of condition
N/A

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Need for Additional
bedroom for Medical
Equipment
Letter from health care provider
knowledgeable of condition;
Size and dimensions of the
equipment deemed necessary
Victim of Domestic
Violence, Dating
Violence, Sexual
Assault, or Stalking
(VAWA)
A record of a Federal, State,
tribal, territorial, or local law
enforcement agency, court, or
administrative agency;
or
A third-party employee, agent, or
volunteer of a victim service
provider, an attorney, medical
professional, or a mental health
professional from whom an
applicant or tenant has sought
assistance relating to domestic
violence, dating violence, sexual
assault, or stalking, or the effects
All can be hand-carried.

Verification Requirements for Individual Items
Item to Be Verified
3rd party verification
Hand-carried verification

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of the abuse and under penalty
of perjury, that this individual
believes that the incident of
domestic violence, dating
violence, sexual assault , or
stalking, that is the ground for
protection, and meets the
requirements under VAWA. This
statement must be signed by the
victim and the service provider:
or
** HUD Certification Form 5382
Childcare costs
Letter from care provider
indicating amount and frequency
of payment, hours of care,
names of children, and if care is
necessary for employment or
education
Bills and receipts
Addition of family
member due to adoption
or custody
Court-awarded custody decree or
legal adoption. In the case of an
emergency placement, court
supplied documentation of the
necessity of placement.
For guardianship, CPS letter
Same
Custodial Parent (Joint
Custody 51%)
Legal court-ordered divorce
custody agreement or other legal
custody agreement, and school
record proving residency
Same
Disability assistance
expenses
Letters from suppliers, care
givers, etc.
Bills and records of payment

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Verification Requirements for Individual Items
Item to Be Verified
3rd party verification
Hand-carried verification
Medical expenses
Letters from providers,
prescription record from
pharmacy, medical professional's
letter stating assistance, or a
companion animal is needed
Bills, receipts, records of
payment, dates of trips,
mileage log, receipts for
fares and tolls
Medicare Prescription
Drug Coverage
A card issued by the private
prescription drug plan with
the words “Medicare Rx” on
it.
Value of and Income from Assets
Savings, checking
accounts
Letter from institution. (In
accordance with EIV guidance on
3rd party verification, tenant-
provided documentation (monthly
statements) may be used. If
review shows deposits are
attributable to EIV and/or tenant-
reported income, no further
verification necessary. Savings
account information must be
included on statements.
Passbook, most current
statements, Credit Bureau
Report
CDs, bonds, etc.
Letter from institution
Tax return, information
brochure from institution, the
CD, the bond
Stocks
Letter from broker or holding
company
Stock or most current
statement, price in
newspaper or through
Internet

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Verification Requirements for Individual Items
Item to Be Verified
3rd party verification
Hand-carried verification
Real property
Letter from tax office,
assessment, etc.
Property tax statement (for
current value), assessment,
records or income and
expenses, tax return, Credit
Bureau Report
Personal property held
as investments
Assessment, bluebook, etc.
Receipt for purchase, other
evidence of worth
Cash value of life
insurance policies
Letter from insurance company
Current statement, Credit
Bureau Report
Assets disposed of for
less than fair market
value
N/A
Original receipt and receipt
at disposition, other
evidence of worth
Income
Earned income
Letter from employer
Multiple pay stubs, tax
return, Credit Bureau Report
Self-employed
N/A
Tax return from prior year,
books of accounts, Credit
Bureau Report
Regular gifts and
contributions
Letter from source, letter from
organization receiving gift (i.e., if
grandmother pays day care
provider, the day care provider
could so state)
Bank deposits, other similar
evidence, Credit Bureau
Report
Alimony/child support
Court order, letter from source,
letter from Human Services, DES
child support enforcement print
out
Record of deposits, divorce
decree, Credit Bureau
Report

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Verification Requirements for Individual Items
Item to Be Verified
3rd party verification
Hand-carried verification
Social Security
Letter from Social Security
no more than 60 days old,
as verified by HUD
computer systems.
Periodic payments (i.e.,
welfare, pensions,
workers' comp,
unemployment)
Letter or electronic reports from
the source
Award letter, letter
announcing change in
amount of future payments,
Credit Bureau Report
Training program
participation
Letter from program provider
indicating
N/A
- whether enrolled or completed
- whether training is HUD-funded
- whether Federal, State, local
govt., or local program
- whether it is employment
training
- whether it has clearly defined
goals and objectives
- whether program has
supportive services
- whether payments are for out-
of-pocket expenses incurred in
order to participate in a program
- date of first job after program
completion

13.12 EIV Deceased Tenant Report
GHA shall generate the EIV’s Deceased Tenants Report monthly shortly before
disbursing HAP payments to owners to see if the system flags deceased residents. GHA
shall review the report and follow up with any listed families immediately and take any

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necessary corrective action as set forth in PIH Notice 2010-50 or successor publications
(See Chapter 22.8 for additional guidance on deceased Head of Household).

13.13 Resolving Discrepancies
An EIV Income Report will be pulled from the system before annual reexaminations are
conducted for any family and compared with family-reported information. If the EIV report
reveals an income source that was not reported by the tenant or a substantial difference
(defined as $2400 or more annually) in the reported income information, GHA will:

1) Discuss the income discrepancy with the tenant; and

2) Request the tenant to provide any documentation to confirm or
dispute the unreported or underreported income and/ or income
sources.

3) In the event the tenant is unable to provide acceptable
documentation to resolve the income discrepancy, GHA will request
from the third-party source, any information necessary to resolve the
income discrepancy; and

4) If applicable, determine the tenant’s underpayment of rent as a result
of unreported or underreported income, retroactively*; and
5) Take any other appropriate action, which may include recovering any
payments required due to unreported or underreported income.

*Regarding continuing assistance or at termination of assistance, GHA will determine the
retroactive rent as far back as the existence of complete file documentation (form HUD-
50058 and supporting documentation) to support such retroactive rent determinations.
The tenant will be provided an opportunity to contest GHA’s determination of tenant rent
underpayment. Tenants will be promptly notified in writing of any adverse findings made
on the basis of the information verified through the aforementioned income discrepancy
resolution process. The tenant may contest the findings in accordance with established
grievance procedures. GHA will not terminate, deny, suspend, or reduce the family’s
assistance until the expiration of any notice or grievance period.
When there is a minimal or no disparity between tenant-reported and EIV-reported income
information, GHA will obtain from the tenant, any necessary documentation to complete
the income determination process. As noted previously, GHA may reject any tenant-
provided documentation if GHA deems the documentation unacceptable. Documentation
provided by the tenant will only be rejected for the following reasons:

1) The document is not an original; or

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2) The original document has been altered, mutilated, or is not legible;

3) The document appears to be a forged document (i.e. does not
appear to be authentic), or

4) The documentation calls into question or conflicts with other
submitted documentation.

GHA will explain to the tenant the reason(s) the submitted documents are not acceptable
and request the tenant to provide additional documentation. If at any time, the tenant is
unable to provide acceptable documentation that GHA deems necessary to complete the
income determination process, GHA will transmit a verification form to the third-party
source for completion and submission to GHA.
If the third-party source does not respond to GHA’s request for information, GHA will
document the tenant file that it attempted to obtain third-party verification and that no
response to the third-party verification request was received.
GHA will then pursue to verify the tenant’s income using any alternative method. During
eligibility or ongoing recertification/interim reviews, GHA will make the determination
whether the documentation supplied sufficiently and reliably supports family claims of
household income level(s). GHA reserves the right to request additional documentation.

14.0 DETERMINATION OF TOTAL TENANT PAYMENT AND TENANT
RENT
14.1 Family Choice of Rent (§960.253)
At admission and each year in preparation for their annual reexamination, each family is
given the choice of having their rent determined under the income method or having their
rent set at the flat rent amount.

1. Families who opt for the flat rent will be required to go through the income
reexamination process every three years, rather than the annual review they would
otherwise undergo. However, any changes to the Flat Rent amounts due to HUD-
published Fair Market Rents (FMR):

2. Will be effective on the annual anniversary date for each affected family.

3. Families who opt for the flat rent will be required to undergo an annual review of
family composition.

4. Families who opt for the flat rent may request to have a reexamination and switch
to the income-based method at any time for any of the following reasons, however
they can only switch to the flat rent at their annual recertification:

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1) The family's income has decreased.

2) The family's circumstances have changed increasing their expenses
for childcare, medical care, etc.
3) Other circumstances creating a hardship on the family such that the
formula method would be more financially feasible for the family.

Upon submission of family’s request for switch, GHA will review the family
situation and determine whether or not a financial hardship exists. If it is
determined that a financial hardship exists, GHA will immediately allow the
switch to income-based rent.

12.
Families have only one choice per year except for financial hardship cases. In
order for families to make informed choices about their rent options, GHA will
provide them with the following information whenever they have to make rent
decisions:

1) GHA’s policies on switching types of rent in case of a financial
hardship; and

2) The dollar amount of tenant rent for the family under each option. If
the family chose a flat rent for the previous year, GHA will provide
the amount of income-based rent for the subsequent year only the
year GHA conducts an income reexamination or if the family
specifically requests it and submits updated income information.

3) There is no utility allowance for families who choose the flat rent.

14.2 The Income Method
The total tenant payment is equal to the highest of:

1) 10% of the family’s monthly income; or

2) 30% of the family’s adjusted monthly income; or

3) If the family is receiving payments for welfare assistance from a public
agency and a part of those payments, adjusted in accordance with the
family's actual housing costs, is specifically designated by such agency
to meet the family's housing costs, the portion of those payments which
is so designated. If the family's welfare assistance is ratably reduced
from the standard of need by applying a percentage, the amount
calculated under this provision is the amount resulting from one
application of the percentage: or

4) The minimum rent amounts.

***
When calculating income for a wage earner who works less than 12 months per
year (example is a school employment where the person is off during the summer),

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calculate the TTP both ways, then give the head of household the choice. The
head of household MUST initial agreeing to the rent calculation method chosen.

14.3 Minimum Rent and Hardship Exemption (24CFR §5.630)
HUD allows the minimum rent to be set between $0 and $50.00. GHA minimum rent is
$50.00.

If the family requests a hardship exemption, however, GHA will suspend the minimum
rent beginning the month following the family's request until GHA can determine whether
the hardship exists and whether the hardship is of a temporary or long-term nature.

1.
A hardship exists in the following circumstances:

1) When the family has lost eligibility for, or is waiting an eligibility
determination for a Federal, State, or local assistance program,
including a family that includes a member who is a non-citizen
lawfully admitted for permanent residence under the Immigration and
Nationality Act who would be entitled to public benefits but for title IV
of the Personal Responsibility and Work Opportunity Act of 1996;

2) When the family would be evicted because it is unable to pay the
minimum rent;

3) When the income of the family has decreased because of changed
circumstances, including loss of employment; and

4) When a death has occurred in the family.

5) When a family is unable to pay rent for
the purposes of childcare.

6) Health/Medical Care Expenses &
Auxilliary Care & Auxilliary Apparatus expenses exemption for an
increase in expenses.

2.
No hardship. If GHA determines there is no qualifying hardship, the
minimum rent will be reinstated, including requiring back payment of
minimum rent for the time of suspension.

3.
Temporary hardship. If GHA reasonably determines that there is a
qualifying hardship but that it is of a temporary nature, the tenant portion of
the rent will not be imposed for a period of 90 days from the beginning of
the suspension of the minimum rent. At the end of the 90-day period, the
tenant portion of the rent will be imposed retroactively to the time of
suspension. GHA will offer a repayment agreement in accordance with
Section 19 of this policy for any rent not paid during the period of
suspension. During the suspension period, GHA will not evict the family for
nonpayment of the amount of tenant rent owed for the suspension period.

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4.
Long-term hardship. If GHA determines there is a long-term hardship, the
family will be exempt from the tenant portion of the rent requirement until
the hardship no longer exists.

5.
Appeals. The family may use the grievance procedure to appeal GHA’s
determination regarding the hardship. No escrow deposit will be required in
order to access the grievance procedure.

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14.4 The Flat Rent (PIH-2017-23, §960.253)
GHA has set a flat rent for each public housing unit. The flat rent is determined annually,
based on the market rental value of the unit using one of the following three options:

1. Option One: GHA will establish a flat rent for each public housing unit that is no
less than 80 percent of the applicable Fair Market Rent (FMR) as determined under
24 CFR part 888, subpart A;

2. Option Two: No less than 80 percent of an applicable small area FMR (SAFMR)
or 80% of the unadjusted rent, if applicable, as determined by HUD, or any
successor determination, that more accurately reflects local market conditions and
is based on an applicable market area that is geographically smaller than the
applicable market area used in the first paragraph of this section. If HUD has not
determined an applicable SAFMR or unadjusted rent, GHA will rely on the
applicable FMR under the first option or may apply for an exception flat rent under
the third option. No other smaller geographical FMRs will be allowed by HUD;

3. Option Three: GHA may request, and HUD may approve, on a case-by-case basis,
a flat rent that is lower than the amounts in Options One or Two of this section,
subject to the following requirements:

1)
GHA must submit a market analysis of the applicable market.

2)
GHA must demonstrate, based on the market analysis, that the
proposed flat rent is a reasonable rent in comparison to rent for other
comparable unassisted units, based on the location, quality, size,
unit type, and age of the public housing unit and any amenities,
housing services, maintenance, and utilities to be provided by the
GHA in accordance with the lease.

3)
All requests for exception flat rents under this option must be
submitted to HUD.

GHA will not implement Option Three prior to receiving HUD’s written approval. (A
new market analysis and a new HUD written approval is required every year.)

The option chosen to establish the required flat rent will be the sole decision of
GHA.

GHA will determine flat rents in accordance with Option One.

Annually, no later than 90 calendar days after issuance of new FMRs or SAFMRs
by HUD, GHA will compare the current flat rent amount to the applicable FMR and
SAFMR/unadjusted rent. If the flat rent is at least 80 percent of the lower of the
FMR or SAFMR/unadjusted rent, GHA is in compliance with the law, and no further
steps are necessary. If the flat rent is less than 80 percent of the lower of the FMR
and SAFMR, GHA will adjust the flat rents at no less than 80 percent of the lower
of the FMR or SAFMR/unadjusted rent1, subject to the utilities adjustment required

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for tenant-paid utilities, or GHA may request an exception flat rent pursuant to

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Option Three, as described above. Revised flat rents will become effective for all
families admitted after the flat rent is changed or at the lease renewal for an
existing resident. (See footnote 1 for HUD’s definition of “unadjusted rent” as
relates to Flat Rent requirements).

1.
As for flat rent phase-ins, previous regulations in PIH Notice 2014-12 and
the subsequent FAQ’s, HUD provided flexibility to GHAs to phase in all flat
rent increases over a three-year period, including those increases that were
35 percent or less.

However, the FY 2015 Appropriations Act provides GHA additional flexibility
to establish flat rents at lower amounts, thereby eliminating the need for the
three-year phase-in of flat rent increases that are 35 percent or less.
Therefore, the only flat rent increases that will be phased-in are those
where a family’s rent will increase by more than 35 percent.

Agencies that began phase-ins for families with rent increases at 35 percent
or less last year shall follow the actions outlined below at the family’s next
annual rent option:

1)
On a case-by-case basis, at the family’s next annual rent option, compare
the updated flat rent amount applicable to the unit to the rent that was
being paid by the family immediately prior to the annual rent option;

1) If the updated flat rent amount would not increase a family’s
rental payment by more than 35 percent, the family may
choose to pay either the updated flat rent amount or the
previously calculated income-based rent;

2) If the agency determines that the updated flat rent amount
would increase a household’s rental payment by more than 35
percent, the family may choose to pay the phased-in flat rent
amount resulting from the flat rent impact analysis or the
previously calculated income-based rent.

Affected families will be given a 30-day notice of any rent change. Adjustments are
applied at the end of the annual lease (for more information on flat rents, see
Section 15.3).

Flat rents are incorporated in this policy as set by HUD Final Rules, Notices and
regulatory requirement.

GHA will post the flat rents at the administrative office.

Flat rent families will receive a utility allowance based on the current utility
schedule. (See Section 15.3)

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14.4 A. Section 103:Over Income Limits for Public Housing HOTMA
Limitations on program participation for families residing in public housing that remain over
income (OI) for 24 consecutive months. After a 24 month grace period , GHA may allow
OI families to continue to live in a public housing unit paying an alternative rent. GHA may terminate
tenancy of the OI within 6 months of the final notification.

B. Non public Housing over income (NPHOI) family: families whose income exceeds the OI limit for 24
Months and remains paying the alternative non public housing rent.
1. Must sign a NPHOI lease and are no longer public housing program participants. NPHOI
families may not participate in public housing councils for low income or public housing
participants. NPHOI families cannot receive a utility allowance from the PHA, be subject
to income reexaminations, or be required to comply with Community Service and Self
Sufficiency Requirements.

C. Alternative Non Public Housing Rent: A remaining NPHOI family must be charged a monthly rent
Equal to the higher of the applicable fair market rent (24CFR888(A)), or the amount of the monthly
Subsidy provided for the unit (HUD will publish annually).

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14.6 Rent for Families Under the Non-Citizen Rule §5.500, 5.514, 5.516,
5.518, 5.520, PIH 2016-05
A mixed family will receive full continuation of assistance if all of the following conditions
are met:

1. The family was receiving assistance on June 19, 1995;

2. The family was granted continuation of assistance before November 29,
1996;

3. The family's head, spouse, co-head has eligible immigration status; and

4. The family does not include any person who does not have eligible status
other than the head of household, spouse, co-head of the head of
household, any parent of the head, spouse, co-head, or any child (under
the age of 18) of the head, spouse, co-head.

The family's assistance is prorated in the following manner:

1.
Step 1. Determine the total tenant payment in accordance with 24 CFR
§5.628. (Annual income includes income of all family members, including
any family member who has not established eligible immigration status.)

2.
Step 2. Family maximum rent is equal to the applicable flat rent for the unit
size to be occupied by the family.

3.
Step 3. Subtract the total tenant payment from the family maximum rent.
The result is the maximum subsidy for which the family could qualify if all
members were eligible (“family maximum subsidy”).

4.
Step 4. Divide the family maximum subsidy by the number of persons in the
family (all persons) to determine the maximum subsidy per each family
member who has citizenship or eligible immigration status (“eligible family
member”). The subsidy per eligible family member is the “member
maximum subsidy.”

5.
Step 5. Multiply the member maximum subsidy by the number of family
members who have citizenship or eligible immigration status (“eligible family
members”). The product of this calculation is the “eligible subsidy.”

6.
Step 6. The mixed family TTP is the maximum rent minus the amount of the
eligible subsidy.

7.
Step 7. Subtract any applicable utility allowance from the mixed family TTP.
The result of this calculation is the mixed family tenant rent.

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When the mixed family’s TTP is greater than the maximum rent, the XYZ Housing
Authority will use the TTP as the mixed family TTP.

14.7 Utility Allowance
GHA will evaluate utility allowances at least annually as well as any time utility rate
changes by 10% or more since the last revision to the allowances.

The payment responsibilities for utilities to the public housing rental units are as follows:

GHA shall pay for City water, trash removal, and sewer fees. All other utilities are the
responsibility of the tenant family. Telephone and cable television are not considered
utilities.

The utility allowance will be subtracted from the family's income rent to determine the
amount of the Tenant Rent. The Tenant Rent is the amount the family owes each month
to GHA.

The amount of the utility allowance will be paid directly to the utility company to be applied
to the tenant family’s monthly bill. In the event that the billed amount is less than the utility
allowance, the utility company will place a credit on the tenant family’s utility account. Any
utility cost above the allowance is the responsibility of the tenant. The utility company will
continue to send monthly billing statements to the tenant family, showing either a credit
balance or additional payment due to satisfy the utility charge. The utility payment will be
sent to the utility company with the highest bill owed by the tenant family. The other utility
charge will be the sole responsibility of the tenant family.

24 CFR §965.505 states, “For systems that offer residents the option to choose air
conditioning, the GHA shall not include air conditioning in the utility allowances.”
Regulations prohibit GHA from giving a utility allowance for costs incurred in running the
air conditioner. However, 24 CFR §965.508 allows a housing authority to grant relief on
reasonable grounds for individuals as defined in §965.508. A letter received October 11,
2005 from HUD also states that a housing authority may provide such relief to individuals,
individual units, or projects. HUD does not have to approve relief. If GHA determines to
provide relief via a utility allowance, GHA is required to establish criteria necessary to
grant relief and to continue to provide a utility allowance for air conditioning. The criteria
is as follows:

GHA may provide a utility allowance for air conditioning for all units in all public
housing rental communities.

GHA will monitor costs closely to determine if it can financially cover allowing a
utility allowance for air conditioning to public housing residents. GHA retains the
right to reduce or remove the utility allowance for air conditioning in accordance
with federal regulations.

14.8 Paying Rent
Rent and other charges are due and payable on the first day of the month. All rents should
be paid at GHA Office, located at 6842 North 61st Avenue, Glendale, Arizona

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85301. Payment will be delinquent after 5:00 p.m. on the fifth day of the month. A penalty
of $10.00 late fee will be charged on the sixth day and is due and payable the first day of
the next month.

Rental payments of $10.00 or greater must be paid by check or money order. Personal
checks will not be accepted and rental payments must be paid by money order if a check
has been returned to GHA for non-sufficient funds. Cash payments will be accepted for
rental payments under $10.00.

Reasonable accommodations for this requirement will be made for persons with
disabilities.

If any rent payment check is returned by the bank as not payable, no further checks will
be accepted from the household. Any subsequent payments will be made in money orders
or cashier’s check only.

A tenant may receive a reduction in rent in return for certain maintenance tasks in
common areas and/or other services. The terms and amount of the reduction will be in
accordance with current GHA procedures governing rent reductions for tenant services
and applicable HUD regulations. Any agreement for rent reduction in return for services
will be incorporated into the tenant’s lease by amendment.

14.9 Collection fees
Should it be necessary for collection through legal proceedings or through a collection
agency, the undersigned will pay a reasonable collection fee to the holder hereof together
with the costs and reasonable expenses of collection.

15.0 COMMUNITY SERVICE (§960.600)
15.1 Community Service Requirement
In order to be eligible for continued occupancy, each adult family member must either (1)
contribute eight hours per month of community service (not including political activities)
or (2) participate in an economic self-sufficiency program unless they are exempt from
this requirement, or (3) perform eight hours per month of combined activities unless they
are exempt from this requirement. Service must be performed with the jurisdictional
boundaries of the City of Glendale. GHA will not allow aggregate hours across a year;
eight hours must be performed each month.

15.2 Definitions (See PIH Notice 2015-12)
1.
Community Service - volunteer work, which includes, but is not limited to:
1)
Work at a local non-profit or public institution including but not limited
to: school, child care center, hospital, hospice, recreation center,
senior center, adult day care center, homeless shelter, indigent
feeding program, cooperative food bank, etc.;
2)
Work with a non-profit organization that serves GHA residents or
their children such as: Boy Scouts, Girl Scouts, Boys or Girls clubs,

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4-H program, PAL, Garden Center, Community cleanup programs,
beautification programs, other youth or senior organizations;
3)
Work at GHA when activities are available;
4)
Helping neighborhood groups with special projects;
5)
Working through resident organization to help other residents with
problems, serving as an officer in a Resident organization, serving
on the Resident Advisory Board; and
6)
Caring for the children of other residents so they complete their
community service requirements or attend a resident council
meeting.

2.
Self Sufficiency Activities - activities that include, but are not limited to:

1)
Job readiness programs;
2)
Job training programs;
3)
GED classes;
4)
GHA-provided job training programs, i.e. stipend program;
5)
Substance abuse or mental health counseling;
6)
English proficiency or literacy (reading) classes;
7)
Apprenticeships;
8)
Budgeting and credit counseling;
9)
Any kind of class that helps a person toward economic
independence; and
10)
Full time student status at any school, junior college, college, or
vocational school.

3.
Exempt Adult - an adult member of the family who:
1)
Is 62 years of age or older;
2)
Is blind or disabled as defined under 216(I)(1) or 1614 of the Social
Security Act (42 U.S.C. 416(I)(1), Section 1382(c)) and who certify
that, because of this disability, she or he is unable to comply with the
community service requirements;
3)
Is a family member who is the primary care giver of such individual;
4)
Is working at least 20 hours per week in work activities as defined in
section 407(d) of the Social Security Act (42 U.S.C. 607(d)), specified
below:
1.
Unsubsidized employment;
2.
Subsidized private-sector employment;
3.
Subsidized public-sector employment;

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4.
Work experience (including work associated with the
refurbishing of publicly assisted housing) if sufficient private
sector employment is not available;
5.
On-the-job-training;
6.
Job-search and job-readiness assistance;
7.
Community service programs;
8.
Vocational educational training (not to exceed 12 months with
respect to any individual);
9.
Job-skills training directly related to employment;
10.
Education directly related to employment in the case of a
recipient who has not received a high school diploma or a
certificate of high school equivalency;
11.
Satisfactory attendance at secondary school or in a course of
study leading to a certificate of general equivalence, in the
case of a recipient who has not completed secondary school
or received such a certificate; and

5)
Is participating in a welfare to work program.
6)
Able to meet requirements under a State program funded under part
A of Title IV of the Social Security Act (42 U.S.C. Section 601 et seq.)
or under any other welfare program in our State, including a State-
administered Welfare-to-Work program; or
7)
A member of a family receiving assistance, benefits, or services
under a State program funded under part A of Title IV of the Social
Security Act (42 U.S.C. Section 601 et seq.), or under any other
welfare program of our State (HUD has determined that the
Supplemental Nutrition Assistance Program (SNAP) qualifies as a
welfare program of the state. Therefore, if a tenant is a member of a
family receiving assistance under SNAP, and has been found by the
State to be in compliance with the program requirements, that tenant
is exempt from the CSSR), including a State-administered Welfare-
to-Work program, and has not been found by the State or other
administering entity to be in non-compliance with such a program.
HUD has determined that this includes the SNAP (food stamp)
program, which qualifies as a welfare program of the state, as long
as the family member is compliant with the program.
By regulation, GHA can use reasonable guidelines in clarifying work activities in
coordination with the Temporary Assistance to Needy Families (TANF) agency, as
appropriate.

15.3 Notification of the Requirement
By reviewing all documentation in the tenant file, GHA shall identify all adult family
members who are not exempt from the community service requirement.

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GHA shall notify all non-exempt family members of the community service requirement,
and all exempt family members of their exempt status in writing. The notification will
provide the opportunity for non-exempt family members to claim and explain an exempt
status. GHA shall verify such claims.

The notification will inform all exempt adult family members that they need to certify to
their exempt status by completing the Exempt Status Certification form available in the
housing administrative office.

The notification will advise family members that their community service obligation will
begin the month following notification. It will also advise them that failure to comply with
the community service requirement may result in ineligibility for continued occupancy at
the time of any subsequent annual reexamination.

At lease execution, all adult family members, age 18 or older, must:

1. Provide all requested documentation, if applicable, that they qualify for an
exemption; (Documentation provided by the tenant will be used (and verified
if necessary) by the GHA to determine whether the tenant is exempt from
the CSSR), and

2. Sign a certification that they have received and read the policy and
understand that, if they are not exempt, failure to comply with the community
service requirement will result in non-renewal of their lease, per 24 CFR
966.4(l)(2)(iii)(D)

When a non-exempt person becomes exempt, it is his or her responsibility to report this
to the GHA and provide documentation. When an exempt person becomes non-exempt,
it is his or her responsibility to report this to the GHA as soon as possible.

Signed documents will be placed in the tenant file and a signed copy to the family
member. All non-exempt family members will receive time logs, service verification forms,
and will sign the Community Service Agreement form, stating they have been apprised of
their responsibilities.

For families paying a flat rent, the obligation begins on the date their annual reexamination
would have been effective had an annual reexamination taken place. It will also advise
them that failure to comply with the community service requirement will result in ineligibility
for continued occupancy at the time of any subsequent annual reexamination.

15.4 Volunteer Opportunities

Eligible community service activities include, but are not limited to, serving at:

1.
Local public or non-profit institutions, such as schools, Head Start
Programs, before- or after-school programs, childcare centers, hospitals,
clinics, hospices, nursing homes, recreation centers, senior centers, adult
daycare programs, homeless shelters, feeding programs, food banks

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(distributing either donated or commodity foods), or clothes closets
(distributing donated clothing);

2.
Non-profit organizations serving GHA residents or their children, such as:
Boy or Girl Scouts, Boys or Girls Club, 4-H Clubs, Police Activities League
(PAL), organized children's recreation, mentoring, or education programs,
Big Brothers or Big Sisters, Garden Centers, community clean-up
programs, beautification programs;

3.
Programs funded under the Older Americans Act, such as Green Thumb,
Service Corps of Retired Executives, senior meals programs, senior
centers, Meals on Wheels;

4.
Public or non-profit organizations dedicated to seniors, youth, children,
residents, citizens, special-needs populations or with missions to enhance
the environment, historic resources, cultural identities, neighborhoods or
performing arts;

5.
GHA housing to improve grounds or provide gardens (so long as such work
does not alter the GHA’s insurance coverage), or work through resident
organizations to help other residents with problems, including serving on
the Resident Advisory Board, outreach and assistance with GHA-run self-
sufficiency activities including supporting computer learning centers; and

6.
Care for the children of other residents so parents may volunteer.

In order to facilitate easier documentation of the community service provided, residents
shall work exclusively for non-profits. Any required court-ordered community service or
probation-based work shall not count towards a resident’s required 8 hours per month of
community service.

15.5 The Process
Upon admission to the program and then at each annual reexamination thereafter, GHA
will do the following:

1.
Verify whether household members 18 years of age or older are required to
participate in the Community Service program.

2.
Provide a list of known volunteer opportunities to the family members.

3.
Have each adult family member sign the Community Service Policy,
acknowledging their responsibilities and that they understand the
consequences of non-compliance, and that they are responsible for
updating their status, if at any time, they become exempt.

4.
All non-exempt family members will receive time tracking logs and service
verification forms.

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5.
All exempt family members will sign the Exemption Certification, certifying
to their exempt status.

6.
Thirty (30) calendar days before the family's next lease anniversary date,
GHA will verify compliance with the community service requirement for each
adult non-exempt family member.

7.
Each family member required to perform this service will be responsible for
providing certification of their monthly progress. The eligibility worker will
track the family member's monthly progress for compliance with the
requirement.

8.
If a resident’s status changes from exempt to nonexempt, it is the resident’s
responsibility to notify GHA of the change and to make arrangements to
complete any required community service time.

15.6 Notification of Non-compliance with Community Service Requirement
(§960.605)
At least 30 calendar days before the end of the lease term, GHA will notify any family
member found to be in noncompliance of the following:

1. The family member(s) determined to be in noncompliance;

2. That the determination is subject to the grievance procedure;

3. That the tenant may exercise any available judicial remedy to seek timely redress
for the lease nonrenewal; and

4. That, unless the family member(s) enter into a written work-out agreement the
lease will not be renewed at the annual recertification.

15.7 Opportunity for Cure
GHA will offer the family member(s) the opportunity to enter into an agreement prior to
the anniversary of the lease. The agreement shall state that the family member(s) agrees
to enter into an economic self-sufficiency program or agrees to contribute to community
service for as many hours that are deficient, as needed to comply with the requirement
over the past 12-month period. The cure shall occur over the 12-month period beginning
with the date of the agreement and the resident shall at the same time stay current with
the current year's community service requirement.

If any applicable family member does not accept the terms of the noncompliance
agreement, the lease will not be renewed unless the noncompliant family member no
longer resides in the unit. If the noncompliant family member is the head of household,
the lease will not be renewed.

If any member of the family enters into an agreement in order to cure noncompliance and
does not fulfill their obligation to participate in an economic self-sufficiency program or
falls behind in their obligation under the agreement to perform community service, GHA

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will not renew the lease at the next reexamination.

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In the case of non-compliance of a family member other than the head of household, the
family has the option of providing written assurance to GHA that the noncompliant family
member no longer resides in the unit. Providing false information or allowing an
unauthorized person to reside in the assisted unit is case for termination of assistance.

15.8 Prohibit Replacement of Agency Employees
In implementing the service requirement, GHA may not substitute community service or
self-sufficiency activities performed by residents for work ordinarily performed by its
employees or replace a job at any location where residents perform activities to satisfy
the service requirement.

15.9 Satisfying Delinquent Community Service Hours after Leaving the
Program
Families who have left public housing for any reason(s) other than one that would
preclude receiving assistance at any time in the future, and who have failed to meet their
community service requirement must correct their deficiency before becoming eligible
again for assistance. The community service hours can no longer be satisfied under the
program; however, GHA will consider entering into an agreement to allow correction and
completion of the delinquency. All community service program guidelines apply except
that hours owed will be satisfied as follows:
1.
If less than 40 hours are owed, complete a minimum of 40 hours of
community service, or;
2.
If more than 40 hours are owed, complete the total hours of community
service owed.
3.
Report completion of hours monthly using the same forms.

GHA will make the determination if the hours completed meet the guidelines for
acceptable service.

Eligibility for re-entry into the program will not be considered until the delinquency is
satisfied.

16.0 RECERTIFICATIONS (§960.257)
GHA must reexamine the income and composition of PH families at least annually. The
results of the re-examination will be used to determine: (1) the rent the family will pay,
and (2) whether the family subsidy is correct based on the family unit size.
A family’s failure to comply with GHA’s re-examination requirements is grounds for
terminating assistance.

16.1 Changes in Income Between Annual Re-examinations
Families are required to report changes in income during the annual recertification
process. GHA will not require an interim re-examination for increased income between

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annual re-examinations. Families are not required to report increases in income

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throughout the year, but may request an interim re-examination if they have experienced
a decrease in income.

16.2 Changes in Family Composition Between Annual Re-examinations
Changes in family composition must be reported to GHA within 30 days of the change.
GHA will utilize the HUD approved process to streamline an interim re-examination when
a family member is added and will not complete a full redetermination of income.
As part of this streamlined interim re-examination, GHA is still required to verify eligibility
of the new member, including social security number, criminal background, and
citizenship, and submit a HUD-50058, including any applicable deductions, with the new
household member’s information. The standards outlined in Chapter 5 apply to requests
to add additional household members. GHA will not collect and verify the new family
member’s Income information until the next scheduled annual re-examination.
If the individual is found to be ineligible or does not pass the screening criteria, he/she will
be provided the reason for the rejection of his/her application in writing and the household
will be given an opportunity for an informal review.
If the basis for rejecting the request is because the individual is an ineligible noncitizen,
but otherwise passes the background check and the family wishes to pursue adding the
individual to the household but not receive benefits for that individual, complete income
verification will be required.
A family will not receive approval to add a family member(s) if it causes an HQS violation
for over-crowding. In this case, the family must wait until the annual re-examination to add
household members to the family, at which time GHA will evaluate whether to increase
the unit size to include the new household member.

16.3 Re-examination Date
A family’s annual re-examination date will be the first day of the month in which they
moved into the unit.

16.4 Re-examination Process
GHA will accommodate the re-examination process in-person, by phone, mail, or through
other electronic means. Notification to the family regarding the required re-examination
can be provided by U.S. mail or electronic mail, if the participant has expressed a
preference and has a valid email address on file with GHA.
Families will be notified a minimum of 60 days prior to the annual re-examination date
and provided with all of the following:
1. Due date for all required forms and
documentation which shall be 60 days
before the re-examination date

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2. Required forms that must be completed

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3. Required documentation for income verification

4. How to request assistance completing forms or
obtaining documentation

5. How to request a reasonable
accommodation, such as a home visit, to
complete the annual re-examination.

16.5 Flat Rents (§960.253, PIH Notice 2014-12)
1.
Each year at the time of the annual reexamination, the family is given the
option of selecting between the two methods of determining the amount of
tenant rent paid monthly by the family. The family will be informed of the
following:

1.
The amount of the flat rent.

1.
The amount of the income-based rent

2.
They will not be offered this choice more than once a year.

3.
Utility Allowance will be calculated on rent based on the Flat Rent
option. The Public Housing Utility Allowance schedule will be used.

5.
Families who opt for the flat rent will be required to go through the
income reexamination process every three years, rather than the
annual review they otherwise would undergo, however they will
undergo a family composition reexamination annually.

6.
Families who opt for the flat rent may request to have a
reexamination and return to the income-based method at any time
for any of the following reasons:
1.
The family's income has decreased.
2.
The family's circumstances have changed increasing their
expenses for childcare, medical care, etc.
3.
Other circumstances creating a hardship on the family such
that the income method would be more financially feasible for
the family.

16.6 In-Person Interviews
GHA may select a random sample of families in any given month to conduct a mandatory in-
person interview, but is not required to do so. GHA may require a family to appear in person for
circumstances where additional information or explanation is necessary to complete the annual

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recertification.

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16.7 Components to be Reviewed/Updated at Annual Re-examination
When completing a re-examination, GHA must obtain and document in the tenant file
third-party verification of the following components, or document in the tenant file why
third-party verification was not available.
16.7.1 Release and Consent
GHA must obtain updated HUD-9886 signed by all adult household members.The 9886 form will
remain effective until the family is denied assistance, the assistance is terminated or the family
provide written notification to GHA to revoke consent;however, revoking consent can result in
termination or denial of assistance. PHA will notify the local HUD office when an applicant or
participant family member revokes consent.
16.7.2 Changes in income, assets, deductions, expenses, and household characteristics
GHA must obtain a declaration of income, assets, deductions, expenses, and household
characteristics; review for changes; and follow verification hierarchy to verify and
calculate income, assets, deductions, expenses, and household characteristics. See
section 16.11 regarding declaration of assets.
Asset limitation for annual reexaminations; GHA will initiate termination of family’s
assistance no later than six months after the effective date of an annual reexamination
of:
1. Net family assets exceed $100,00 (adjusted
annually for inflation) and or
2. The family has present ownership interest in,
a legal right to reside in, and the effective
legal authority to sell the real property (based
on laws of the state or locality in which the
property is located) that is suitable for
occupancy by the family residence.
Changes in Family Composition
Review and update the HUD-50058. If household size increases, the family may be
overcrowded in their current unit. A person cannot be added to the household if
overcrowding is a result of the addition.
16.7.3 Utility Allowance
Verify that the utility allowance is correct for the unit size the family occupies and using
GHA’s current Utility Allowance Schedule.
16.7.4 Subsidy Determination
Upon verification of all information GHA will determine the family's annual income,
calculate the family’s subsidy and rent obligation, and provide written notice of subsidy
determination.

16.8 Effective Date of Rent Changes
Any change in the family’s subsidy or rent obligation will generally be effective 30 calendar

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days’ from the date of the written notice of subsidy determination.
If the subsidy determination is delayed due to a reason beyond the control of the family,
then any rent increase will be effective the first of the month after the month in which the
family receives a 30-calendar day notice of the amount. Any rent reduction will be effective
on the first of the month, for the 1st month after GHA completes its review.
If the family caused the delay, any rent increase or decrease in the rent subsidy shall take
effect on 1st of the month in the new lease term.
16.9 Failure to Respond
If the family fails to respond to the request for re-examination documents by the due date
established, a second notice will be sent requiring an in-person interview on a specified
date and time. The family must notify GHA a minimum of 24 hours prior to the appointment
date/time if they need to reschedule. The notice will also advise that failure by the family
to attend the appointment will result in termination of the family’s assistance. If there is no
response to the second notice, a termination notice will be issued to the family. The

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termination notice will inform the family of its right to request an informal hearing to appeal
the termination of benefits.

16.10 Families with 90% Fixed Income
It is the policy of GHA to utilize the HUD approved streamlined annual re-examination
process for income evaluation for families with an unadjusted income consisting of 90
percent or more from fixed income sources as approved in PIH2016-05. This process
allows for verifying and adjusting fixed income sources over a three-year cycle.
16.10.1 Definition of Fixed Income Sources
For the purposes of streamlined income determinations for fixed income families, HUD
defines fixed income to mean periodic payments at reasonably predictable levels from
one or more of the following sources:
1. Social Security, Supplemental Security Income, Supplemental Disability Insurance

2. Federal, state, local, or private pension plans

3. Annuities or other retirement benefit programs, insurance policies, disability or
death benefits, or other similar types of periodic receipts

16.10.2 Three-Year Review Cycle
GHA must fully reverify and recalculate both fixed and non-fixed income sources every
three years. In the initial year of a three-year cycle, GHA will complete an annual income
determination consistent with all applicable HUD regulations and guidance.
In the second and third year of the three-year cycle, GHA will obtain from the family a
certification that their fixed income sources have not changed, and that the family’s
income is still made of at least 90 percent from fixed income sources.
For non-fixed income sources, the family will have the option of providing full verification
documents of non-fixed sources of income or electing to utilize the streamlined income
adjustment based on what was reported in year one.
If the family provides that certification in years two and three, GHA will adjust the family’s
fixed income sources by the Cost of Living Adjustment (COLA) that is applicable to that
fixed income source instead of fully reverifying and recalculating the income source.
GHA must properly document any fixed source of income, and the applicable COLA or
interest adjustment for each specific fixed source of income.
GHA is still required to follow-up on any discrepancies or new sources of income reported
in HUD’s Enterprise Income Verification system.
16.10.3 Cost of Living Adjustments (COLA)
GHA will utilize the Social Security Administration’s published COLA information to
calculate the adjustment for fixed and non-fixed sources of income.

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16.10.4 Declaration of Assets
GHA must obtain third-party verification of all family assets upon admitting a family to the
public housing program and then again at least every 3 years thereafter. In accordance
with Notice PIH2016-05, it is the policy of GHA to accept a family’s declaration that it has
total net assets equal to or less than $50,000, without taking additional steps to verify the
accuracy of the declaration.
If a family submits such a declaration, GHA will not request supporting documentation
(e.g., bank statements) to verify the assets or the amount of income expected to be
received from those assets.
1. The family’s declaration of total assets must show each asset and the amount of
income expected from that asset.

2. The total amount of income expected from all assets must be less than or equal to
$50,000. GHA will accept a family’s self declaration; without taking additional steps to
verify. GHA will obtain third party verification every 3 years.

3. The total amount of the expected income from assets will be the family’s “final
asset income,” and must be entered in field 6j of Form HUD-50058.

4. All family members 18 years of age and older must sign the family’s declaration of
total assets.

5. A family that knowingly submits false information is subject to a civil penalty, plus
damages, under the False Claims Act (31 U.S.C. 3729).

6. Whenever a family member is added, GHA must obtain third-party verification of
that family member’s assets. At the next annual reexamination of income following
the addition of that family member, GHA must obtain third-party verification of all
family assets if the addition of that family member’s assets puts the family above
the $50,000 asset threshold.

7. If the addition of that family member’s assets does not put the family above the
$50,000 asset threshold, then GHA will not obtain third-party verification of all family
assets at the next annual reexamination of income following the addition of the
family member.

8. Third-party verification of all family assets is required at least every 3 years.

16.11 Interim Re-Examinations
GHA must process an interim re-examination whenever one is requested by the family.
GHA may conduct an interim re-examination at any time. During an interim re-
examination, only the change being reported will be reviewed and verified.
If GHA discovers family composition changes that that were not reported within the 30-

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day deadline, GHA may conduct an interim examination and adjust rent subsidy in the

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month immediately following GHA’s discovery of the change. GHA may seek to recover
any funds retroactive to the date the change actually occurred or terminate assistance.
GHA will not process any interim re-examination without all verification documentation
attached. Failure to submit the required documentation may cause to GHA to delay its
review or reject the requested review.
It may take GHA up to 45 calendar days to process all changes. Decreases in rent amount
will be retroactive to the first day of the month following the date the request was made,
unless the change was requested and documentation after the 20th of the month, as
provided in this section.
The person submitting the request will be notified by his/her preferred method whether
the change has been approved and, if so, the date the change becomes effective. If the
person has not been notified of GHA’s decision on the requested within 60 days of its
submittal, the client should contact GHA to check on the status of the requested change.

16.12 Effective Date of Rent Changes
1. Rent Decreases: If the family has provided GHA with a complete Change Report and
all required documentation on or before the 20th day of the month, rent decreases
will be effective on the first day of the following month

Changes reported after the 20th of the month will result in the rent decrease
becoming effective the first day of the second month immediately following the
month in which the change was requested and the application was complete. (Ex
- a change reported and all required documentation was submitted on January
25th will result in a rent decrease effective March 1st.)

17.0 UNIT TRANSFERS
17.1 Objectives of the Transfer Policy
The objectives of the Transfer Policy include the following:

1. To address emergency situations.

2. To fully utilize available housing resources while avoiding overcrowding by
ensuring that each family occupies the appropriate size unit.

3. To facilitate a relocation when required for modernization or other management
purposes.

4. To facilitate relocation of families with inadequate housing accommodations.

5. To provide an incentive for families to assist in meeting GHA's de-concentration
goal.

6. To eliminate vacancy loss and other expenses due to unnecessary transfers.

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7. To accommodate Remaining Family Members. Household members such as live-
in aides, foster children, and foster adults do not qualify as remaining members of
a family.

17.2 Categories of Transfers
1. Transfer Waiting List - GHA shall maintain a list of the names of tenants
requiring transfer in chronological order within the listed priorities.

2. Transfer Priorities - Transfers will be granted to tenants according to the
following priorities:

1.
Hazardous Defects - Tenants whose units have defects hazardous
to life, health, or safety. If such defects are caused by tenant abuse
and/or neglect, termination of tenancy rather than transfer may
result.

2.
Unit Rehabilitation - Tenants who must be transferred to allow for
rehabilitation or construction work in their unit.

3.
Medical Condition - Tenants who have a medically verified physical
condition that requires a different type or size of unit.

4.
Unit Size Adjustments - Tenants either over or under housed who
require a unit size adjustment.

5.
Other - Tenants requesting transfer for any reason other than the
above specified categories.

3.
Dwelling Unit Size Adjustments: If GHA determines that the size of the
dwelling unit is no longer appropriate to the tenant’s needs, whether too
large or too small, it shall serve notice of such determination to the tenant.
The notice will advise the tenant that they have been placed on a waiting
list to await the availability of a suitable unit. Tenant shall be given notice in
writing of the date that a suitable unit is expected to be ready for occupancy.
Tenant shall be given a reasonable time of not less than seven
(7) days in which to move. Seven (7) days shall commence on the day that
the new lease is signed and the keys to the new unit are delivered to the
tenant. Return of the keys to the original unit shall evidence termination of
the prior lease. Tenant’s failure to transfer to a suitable unit is a cause for
eviction. Failure to return the keys for the previous unit within seven (7) days
is cause for eviction. Tenants shall not be penalized if they are willing to
accept the new unit but are unable to move by the date required and present
evidence satisfactory to GHA of their inability to move.

17.3 Documentation
When the transfer is at the request of the family, the family may be required to provide
third party verification of the need for the transfer.

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17.4 Incentive transfers
Transfer requests will be encouraged and approved for families who live in a development
where their income category (below or above 30% of area median) predominates and
wish to move to a development where their income category does not predominate.

Families approved for such transfers will meet the following eligibility criteria:

1. Have been a tenant for three years;

2. For a minimum of one year, at least one adult family member is enrolled in an
economic self-sufficiency program or is working at least thirty-five (35) hours per
week, the adult family members are 62 years of age or older or are disabled or are
the primary care givers to others with disabilities;

3. Adult members who are required to perform community service have been current
in these responsibilities since the inception of the requirement or for one year,
whichever is less;

4. The family is current in the payment of all charges owed to GHA and has not paid
late rent for at least one year;

5. The family passes a current housekeeping inspection and does not have any
record of housekeeping problems during the last year;

6. The family has not materially violated the lease over the past two years by
disturbing the peaceful enjoyment of their neighbors, persons residing in the
immediate vicinity of the premises (24CFR 5.858), by engaging in criminal or drug-
related activity, or by threatening the health or safety of tenants or Housing
Authority staff.

17.5 Processing Transfers
GHA will accept, prioritize, and process transfer requests in such a manner as to avoid
situations that adversely affect program operations, taking into account the resources
available to accomplish the transfers. As resources for a transfer become available, the
household to be transferred may take precedence over an admission from the waiting list.

The following is the policy for the rejection of an offer to transfer:

1. If the family rejects with good cause any unit offered, they will not lose their
place on the transfer waiting list.

2. If GHA determines that a transfer is appropriate, it shall serve notice of such
determination to the tenant. The notice will advise the tenant that they have
been placed on a waiting list to await the availability of a suitable unit.
Tenant shall be given notice in writing of the date that a suitable unit is
expected to be ready for occupancy. Tenant shall be given a reasonable
time of not less than seven (7) days in which to move. Seven (7) days shall
commence on the day that the new lease is signed and the keys to the new

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unit are delivered to the tenant. Return of the keys to the original unit shall

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evidence termination of the prior lease. Failure to deliver keys to the original
unit by the end of the 7th day will result in the tenant being evicted. Tenant’s
failure to transfer to a suitable unit is a cause for eviction. Tenants shall not
be penalized if they are willing to accept the new unit but are unable to move
by the date required and present evidence satisfactory to GHA of their
inability to move.

3. If the transfer is being made at the family’s request and the rejected offer
provides de-concentration incentives, the family will maintain their place on
the transfer list and will not otherwise be penalized.

4. If the transfer is being made at the family’s request, the family may, without
good cause and without penalty, turn down one offer that does not include
de-concentration incentives. After turning down a second such offer without
good cause, the family’s name will be removed from the transfer list.

17.6 Cost of the Family's Move
The cost of the transfer generally will be paid by the family in the following circumstances:

1.
When the transfer is made at the request of the family or by others on behalf
of the family (i.e. by the police);

2.
When the transfer is needed to move the family to an appropriately sized
unit, either larger or smaller;

3.
When the transfer is necessitated because a family with disabilities needs
the accessible unit into which the transferring family moved (The family
without disabilities signed a statement to this effect prior to accepting the
accessible unit); or

4.
When the transfer is needed because action or inaction by the family
caused the unit to be unsafe or uninhabitable.

The cost of the transfer will be paid by GHA in the following circumstances:

1.
When the transfer is needed in order to carry out rehabilitation activities; or

2.
When action or inaction by GHA has caused the unit to be unsafe or
inhabitable.

The responsibility for moving costs in other circumstances will be determined on a case
by case basis.

The City has no obligation to reimburse the Tenant for the loss of or damage to fixtures,
equipment, or other personal property of the Tenant, except for such loss or damage as
is caused by the negligence or fault of the City of its officers, employees, or agents. The
Tenant may purchase insurance for such fixtures, equipment or other personal property
for its own protection if it so desires.

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17.7 Tenants in Good Standing
When the transfer is at the request of the family, it will not be approved unless the family
is in good standing with GHA. This means the family must be in compliance with their
lease, current in all payments to the Housing Authority, and must pass a housekeeping
inspection.

All utilities that are the responsibility of the tenant must be paid and in current status. GHA
will request proof of utilities paid current before approving a unit transfer or transfer to the
PH Section 8 program. If a family moves before GHA is notified of unpaid utilities, the
family must resolve the unpaid debt. Failure to do so may result in termination of
assistance.

17.8 Transfer Requests
A tenant may request a transfer at any time by completing a transfer request form. In
considering the request, GHA may request a meeting with the tenant to better understand
the need for transfer and to explore possible alternatives. GHA will review the request in
a timely manner and if a meeting is desired, it shall contact the tenant within ten (10)
business days of receipt of the request to schedule a meeting.

GHA will grant or deny the transfer request in writing within ten (10) business days of
receiving the request or holding the meeting, whichever is later.

If the transfer is approved, the family's name will be added to the transfer waiting list.

If the transfer is denied, the denial letter will advise the family of their right to utilize the
grievance procedure.

Tenants who are victims of VAWA crimes will be given priority for unit transfers. See the
Violence Against Women Act Addendum to the Agency Plan and the emergency transfer
policy for tenants who are victims of VAWA crimes.

17.9 Right of GHA In Transfer Policy
The provisions listed above are to be used as a guide to insure fair and impartial means
of assigning units for transfers. It is not intended that this policy will create a property right
or any other type of right for a tenant to transfer or refuse to transfer.

18.0 INSPECTIONS
GHA will maintain the public housing properties and buildings in a manner that meets the
physical condition standards set forth in 24CFR Part 902 in order to be considered decent,
safe, sanitary, and in good repair.

In accordance with PIH 2018-19, all public housing units will meet HUD’s minimum
heating standards. GHA will maintain heating equipment so it has the capability of heating
to at least 68 degrees Fahrenheit (PIH 2018-2019).

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18.1 Major inspectable areas. The five major inspectable areas are the
following:
1.
Site. The site includes components, such as fencing and retaining walls,
grounds, lighting, including security lighting, mailboxes, signs (such as
those identifying the development or areas of the development), parking
lots/driveways, play areas and equipment, refuse disposal, roads, storm
drainage and walkways. The site must be free of health and safety hazards
and be in good repair, and free of erosion and graffiti. The site must not be
subject to material adverse conditions, such as abandoned vehicles,
dangerous walks or steps, poor drainage, septic tank back-ups, sewer
hazards, excess accumulations of trash, vermin or rodent infestation or fire
hazards.

2.
Building exterior. Each building on the site must be structurally sound,
secure, habitable, and in good repair. The building's exterior components
such as doors, fire escapes, foundations, lighting, roofs, walls, fascia/soffit,
and windows must be free of health and safety hazards, operable, and in
good repair. Dryer vents may not have any missing louvers or holes.
Exterior cracks should be repaired with materials specifically designed to
repair concreate and mortar cracks so the repair is not easily
distinguishable. .PVC downspouts; plastic and PVC piping is acceptable if
used for its intended purpose. Additionally, corrugated piping is acceptable
if used strictly as an extension at the end of the downspout to direct water
away from foundation. This corrugated pipe is not allowed to be used as the
actual downspout. PVC piping is now allowed. Exterior paint must be free
from peeling and stains.

3.
Building systems. The building's systems include components such as
domestic water, water heater, electrical system, elevators, emergency
power, fire protection, HVAC, and sanitary system. Each building's systems
must be free of health and safety hazards, functionally adequate, operable,
and in good repair. Water heater must be properly vented and joints properly
taped. Fuse boxes with gaps more than ¼” must be properly repaired.
Introduction of a foreign material into this type of device is not an acceptable
repair.

4.
Dwelling units. Each dwelling unit within a building must be structurally
sound, habitable, and in good repair. All areas and aspects of the dwelling
unit (for example, the unit's bathroom, call-for-aid, ceiling, doors, electrical
systems, floors, hot water heater, HVAC (where individual units are
provided), kitchen, lighting, outlets/switches, patio/porch/balcony, smoke
detectors, stairs, walls, and windows) must be free of health and safety
hazards, functionally adequate, operable, and in good repair.

The dwelling unit must have hot and cold running water, including an
adequate source of potable water. A damaged fridge gasket must be
replaced; tape is not allowed as a repair. Drywall damage repairs must be

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made with drywall and have the same texture as original. Doors cannot be

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patched with sheetrock mud, plywood, etc.; wood or wood veneer is
acceptable, or the door must be replaced. Doors cannot be missing any
hardware, even if operating correctly. Kitchen lighting must not be missing
the bulb or globe. Kitchen cabinets must not be missing doors, drawers or
shelves, and must be free of damage. Bathroom vanity or medicine cabinets
must not have damage or missing components such as loose or damaged
drawers, missing shelves, etc. Cabinet veneers must not be peeling. Range
hood exhaust fan must have a filter. Flammable items must not be stored in
the oven. Hasp locks cannot be used in a unit.

Utilities must be on.

The dwelling unit’s sanitary facility must be in proper operating condition,
usable in privacy, and adequate for personal hygiene and the disposal of
human waste.

The dwelling unit must include at least one battery-operated or hard-wired
smoke detector, in proper working condition, on each level of the unit.

5.
Common areas. The common areas must be structurally sound, secure,
and functionally adequate for the purposes intended. The common areas
include components such as basement/garage/carport, restrooms, closets,
utility, mechanical, community rooms, day care, halls/corridors, stairs,
kitchens, laundry rooms, office, porch, patio, balcony, wheelchair ramps,
mailboxes, and trash collection areas, if applicable. The common areas
must be free of health and safety hazards, operable, and in good repair. All
common area ceilings, doors, floors, HVAC, lighting, outlets/switches,
smoke detectors, stairs, walls, and windows, to the extent applicable, must
be free of health and safety hazards, operable, and in good repair.

18.2 Health and safety concerns
All areas and components of the housing must be free of health and safety
hazards. These areas include, but are not limited to, air quality, including pet urine
and feces, electrical hazards, elevators, emergency/fire exits, flammable materials,
garbage and debris, handrail hazards, infestation including bedbugs, and lead-
based paint. For example, the buildings must have fire exits that are not blocked
and have handrails that are undamaged and have no other observable
deficiencies. The housing must have no evidence of infestation by rats, mice, or
other vermin, or of garbage and debris. The housing must have no evidence of
electrical hazards, natural hazards, or fire hazards. The dwelling units and common
areas must have proper ventilation and be free of mold, odor (e.g., propane, natural
gas, methane gas), or other observable deficiencies. The housing must comply
with all regulations and requirements related to the ownership of pets, and the
evaluation and reduction of lead-based paint hazards and have available proper
certifications of such

18.3 Types of Inspections

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The following lists the types of inspections conducted by GHA:

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18.3.1 Pre-Occupancy Inspection - before tenant occupies the dwelling unit, the premises
will be inspected jointly by the tenant and GHA staff. Both parties will agree upon
the condition of the unit by signing an inspection sheet.

18.3.2 Regular and Periodic Inspection – on an annual basis GHA shall conduct an
inspection of each unit. This inspection will serve as documentation in the
determination of needed maintenance or repairs, to assess damage over and
above normal wear and tear, and to determine that the family is maintaining the
unit according to GHA standards. Failure to maintain the dwelling unit and
premises in a safe, sanitary, and undamaged condition may result in lease
termination.

18.3.3 Move-Out Inspections - when tenant vacates, GHA shall conduct an inspection of
the dwelling unit to determine the condition of the unit, damages, and related
charges. The tenant shall be notified of the move-out inspection and given the
opportunity to attend. GHA shall furnish the tenant with a written statement of the
charges, if any, for which the tenant is responsible. Such notice shall advise the
tenant of their right to file a grievance if they disagree with the statement of
charges.

18.3.4 If the tenant fails to attend the move-out inspection, it will not be rescheduled and
the tenant will waive all rights to appeal damage charges. Arizona Residential
Landlord Tenant Act requires GHA provide a detailed accounting of all charges
deducted from the security deposit. Rescheduling a move-out inspection will cause
noncompliance with the Act.

18.3.5 Recordkeeping - a copy of each inspection report shall be retained in the
appropriate tenant or unit file.

18.4 Notice of Inspection
For inspections defined as annual inspections, preventative maintenance inspections,
special inspections, and housekeeping inspections, GHA will give the tenant at least two
(2) days written notice. If GHA determines there is an issue of health or safety, advance
notice is not required.

18.5 Emergency Inspections
If any employee and/or agent of GHA has reason to believe that an emergency exists
within the housing unit, the unit can be entered without notice. The person(s) that enters
the unit will leave a written notice to the resident that indicates the date and time the unit
was entered and the reason why it was necessary to enter the unit.

If the failed item is the responsibility of the resident, notice will be given stating 24 hours
to correct or eviction may occur. GHA will reinspect the unit after the 24-hour period to
verify abatement of the emergency item.

The following items are to be considered examples of emergency items:
1.
No hot or cold water

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2.
No electricity

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3.
No gas service
4.
Inability to maintain adequate heat (68 degrees F)
5.
Major plumbing leak
6.
Mold
7.
Natural gas, propane, or LP gas leak
8.
Broken lock(s) on first floor doors or windows
9.
Broken windows that unduly allow weather elements into the unit
10.
Electrical outlet smoking or sparking
11.
Exposed electrical wires that could result in shock or fire
12.
Unusable toilet when only one toilet is present in the unit
13.
Security risks such as broken doors or windows that would allow intrusion
14.
Blocked egress
15.
Excessive belongings stored in the unit that would be consistent with
“hoarding” conditions.
16.
Missing or non-working smoke or carbon monoxide detectors. A working
smoke detector and carbon monoxide detector must be mounted properly
on the wall or ceiling. The detector cannot be “chirping” during the
inspection. A carbon monoxide detector must be mounted on the outside of
each separate sleeping area in the vicinity of the bedrooms, on all one- and
two-level dwelling units.
17.
Other conditions which pose an immediate threat to health or safety

18.6 Mold
Mold will be considered a health and safety hazard in public housing units. The cause will
be considered in whether to charge the tenant for repairs. GHA will take seriously the
presence of mold in a unit in order to prevent health hazards. GHA may choose to move
the family to a vacant unit to allow for time to abate the mold. This decision will not be
taken lightly and will not be determined based on the tenant’s statement or a doctor’s
statement based on tenant information only. If the mold is tenant-caused, GHA will
consider putting the family on housekeeping inspections to ensure the problem is not
repeated.

18.7 Other inspections
GHA will determine when or if other types of inspections are required. Other types of
inspections can include but not limited to housekeeping, security, or safety. Issues
needing attention may arise that are not on this list. These inspections will be GHA
discretion based on a needs determination.

18.8 Work Orders
A request for maintenance by the Tenant constitutes permission to enter the unit at any
time deemed necessary by the GHA staff to complete the work order.

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19.0 PET POLICY (§960.701, §5.303)
19.1 Exclusions
Certain restrictions in this policy do not apply to service dogs/assistance animals. GHA
abides by regulatory control as required in 24 C.F.R. § 5.300 and 24 C.F.R. § 960.701,
§960.705, Federal Register, Vol. 73 No. 2008, Oct. 2008, and FHEO-2013-01, April 25,
2013. Service dogs/assistance animals are not “pets”; they are animals used to assist
persons with disabilities. These animals are allowed in all public housing facilities with no
restrictions other than those imposed on all tenants to maintain their units and associated
facilities in a decent, safe, and sanitary manner and to refrain from disturbing their
neighbors. The person requesting this exclusion must have a disability and the
accommodation must be necessary to afford the person with a disability an equal
opportunity to use and enjoy a dwelling.

19.2 Regulatory Authority.
The City continues to retain the authority to regulate animals that are exempt from the pet
ownership requirements in accordance with federal, state, or local law (federal register
Vol. 73, No. 208, October 27, 2008).

Service dogs/as assistance animals must be licensed and inoculated as required by local
laws. The tenant must provide documentation of current license and inoculations on an
annual basis at each recertification.

Service dogs/assistance animals must be spayed or neutered.

GHA is not required to provide any reasonable accommodation that would pose a direct
threat to the health or safety of others. Thus, if the particular animal requested by the
individual with a disability has a history of dangerous behavior, we will not accept the
animal into our housing. Moreover, we are not required to make a reasonable
accommodation if the presence of the assistance animal would (1) result in substantial
physical damage to the property of others unless the threat can be eliminated or
significantly reduced by a reasonable accommodation; (2) pose an undue financial and
administrative burden; or (3) fundamentally alter the nature of the provider’s operations.”

19.3 Qualifying as an Assistance Animal
To show that a requested accommodation may be necessary, there must be an
identifiable relationship, or nexus, between the requested accommodation and the
person’s disability. GHA will verify the existence of the disability, and the need for the
accommodation— if either is not readily apparent. In order to be considered an assistive
animal, the following qualifications must be met:
1.
Persons who are seeking a reasonable accommodation for an emotional
support animal will be required to provide documentation from a physician,
psychiatrist, social worker, or other mental health professional that the
animal provides support that alleviates at least one of the identified
symptoms or effects of the existing disability.

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In accordance with PIH Notice 2006-13, Non-Discrimination and Accessibility for Persons
with Disabilities, issued March 8,2006, an animal does not necessarily need
formal/professional training in order to be considered an assistance animal. However, the
animal must perform the assistance or provide a benefit needed by the person with a
disability.
All reasonable lease provisions relating to health and safety apply to assistance/service
animals, such as maintaining the premises in a clean and sanitary condition and ensuring
that neighbors enjoy their premises in a safe and peaceful manner.

19.4 Approval of a Pet
Residents must have the prior approval of GHA before moving a pet into their unit.
Residents must request approval on the Authorization for Pet Ownership Form that must
be fully completed before GHA will approve the request.

19.5 Types, Size, and Number of Pets
Residents are permitted to own and keep no more than two (2) common household pets in
their apartment. GHA will allow only common household pets. This means only
domesticated animals such as a dog, cat, bird, rodent (including a rabbit), fish in
aquariums or a turtle will be allowed in units. Common household pets do not include
reptiles (except turtles), exotics, insects, or arachnids (tarantulas).

All dogs and cats must be spayed or neutered before they become six months old. A
licensed veterinarian must verify this fact.

The maximum adult weight cannot exceed 30 pounds full grown. Proof must be submitted
before any animal will be allowed to be moved into a unit.

19.6 Inoculations
In order to be approved by GHA, pets must be appropriately inoculated against rabies
and other conditions prescribed by local ordinances. Owners must comply with all other
state and local public health, animal control, and anti-cruelty laws, including any/all
licensing requirements. Proof of inoculations and licensing must be submitted to GHA
annually.

19.7 Pet Deposit
The amount of pet deposit charged per apartment will be $100.00 payable within six
months. GHA will refund the pet deposit to the resident upon permanent removal of the
pet(s) from the premises after an inspection by GHA showing that the premises are clean,
odor free, and undamaged. Animals owned by elderly or disabled family members are
exempt from the deposit requirement.

19.8 Damages - Financial Obligation of Residents
Resident agrees to report immediately any damage caused by the pet(s) and to pay
reasonable charges for repair to the premises, buildings, facilities, and common areas
caused by the pet(s), payable on the day on which the rent is due, one month following
the effective date of the charges.

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19.9 Nuisance or Threat to Health or Safety
The pet and its living quarters must be maintained in a manner to prevent odors and any
other unsanitary conditions in the owner's unit and surrounding areas.

Cats must use a sanitary, waterproof litter box in the apartment. Pet waste must be
removed from the litter box daily, and the litter must be changed at least two times per
week. Pet waste droppings must be removed immediately from the unit and disposed of in
GHA dumpsters. A waste removal charge of $5.00 will be charged for failure to remove
waste.

Dog waste must be picked up immediately from the common grounds.

Pet(s) must not disturb other residents, including but not limited to loud and excessive
barking.

Repeated, substantiated complaints by neighbors or GHA personnel regarding pets
disturbing the peace of neighbors through noise, odor, animal waste, or other nuisance,
will result in the owner having to remove the pet or move him/herself. Failure to comply is
grounds for termination.

Pets must be contained to allow GHA personnel to enter the unit safely for inspections
and maintenance. GHA will provide a 48-hour notice to enter the unit for inspections.
Failure to contain the pet twice in any time period will be cause for nonrenewal or eviction.

19.10 Designation of Pet Areas
Pet(s) must be kept inside the apartment or, if outside, on a leash controlled by a
responsible adult. No outdoor cages may be constructed.

Pet(s) must be kept out of landscaping, storage/laundry rooms, and common areas not
assigned to the resident.
Pet(s) must not be left unattended for more than 24 hours. In the event any pet is left
unattended for more than 24 hours, GHA may authorize entrance to the unit, removal of
the pet ad transfer of the pet by proper authorities, subject to provision of Arizona law and
local ordinances. GHA accepts no responsibility for the animal under no circumstances.
If the pet owner must be away from the premises, a responsible adult must be named to
care for the animal. GHA must be able to contact the person regarding the pet.

19.11 Visiting Pets
Visiting pets are not allowed on the property, and “pet sitting” is prohibited.

19.12 Pet License/Registration
Residents must maintain up-to-date inoculation records, dog license, and valid rabies tags
on their pet(s). This information will be required to receive GHA approval to register pet(s).

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All pet(s) must have a tag bearing the owners name, address, and telephone number, and
must be registered at GHA office before being brought onto the premises, and annually
thereafter.

Proof of inoculations and licensing must be submitted to GHA annually.

Residents must provide the name, address, and phone number of one or more responsible
parties who will care for the pet in case of an emergency. GHA may require additional
information if necessary to ensure compliance.

Residents must provide a color photo of the pet.

19.13 Miscellaneous Rules
Pets cannot be kept, bred, or used for any commercial purpose.

The pet shall be physically confined, controlled, or constrained during the times when a
GHA employee, agent, or others must enter the unit to conduct business, provide services,
enforce lease terms, etc. During pest control, pet owners are responsible for the safety and
health of their pet.

If a pet causes harm to any person, the pet’s owner shall be required to permanently
remove the pet from GHA property within 24-hours of written notice from GHA. The pet
owner may also be subject to termination of the dwelling lease.

A pet owner who violates any other conditions of this policy may be required to remove
his/her pet from the development within 10 calendar days of written notice from GHA. The
pet owner may also be subject to termination of his/her dwelling lease.

GHA's grievance procedures shall be applicable to all individual grievances or disputes
arising out of violations or alleged violations of this policy.

19.14 Denied Registration
GHA may refuse to register a pet if:

1. The pet is not a common household pet;

2. The keeping of the pet would violate any applicable house-pet rule;

3. The resident fails to provide complete pet registration information or fails
annually to update the pet registration and/or inoculations;

4. GHA determines that the pet owner will be unable to keep the pet in
compliance with the pet rules and other lease obligations, based on the pet
owner's habits, and practices;

5. The adding of a pet violates GHA density rule of not more than two (2) pets
per apartment.

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GHA will notify the pet owner if registration is denied. The notice shall state the reason for
GHA decision to deny registration.

19.15 Notices
19.15.1
Notice of Violation – if GHA determines that a resident has violated a rule
governing the owning or keeping of pet(s), GHA will serve a written notice of pet rule
violation to the pet owner. The notice will:

1. Make a brief statement of the determination and the pet rule or violation;

2. State that the pet owner has 10 calendar days from the effective date of the
notice to correct the violation (including removing the pet) or to make a written
request for a meeting to discuss the violation;

3. State that the pet owner is entitled to be accompanied by another person at the
meeting; and,

4. State that failure to correct the violation, request a meeting, or appear at a
requested meeting may result in termination of the pet(s) owner tenancy.

19.15.2
Notice of Meeting - if the pet owner makes a timely request for a meeting to discuss
an alleged pet rule violation, GHA will establish a meeting, no later than 15 calendar days
from the effective date of the notice of pet violation. At the meeting, the pet owner and
GHA representative shall discuss the violation and attempt to correct it. GHA may, as a
result of the meeting, give the pet owner additional time to correct the violation.

19.15.3
Notice of Pet Removal - if the pet owner and GHA are unable to resolve the pet
violation at the meeting, or if GHA determines that the pet owner has failed to correct the
pet rule violation, within any additional time, GHA will serve a written notice to the pet owner
requiring the pet owner to remove the pet. The notice must:

1. Contain a brief statement of the determination and the pet rule or rules that have
been violated;

2. State that the pet owner must remove the pet within 10 calendar days of the
effective date of the notice of pet removal; and,

3. State that failure to remove the pet may result in termination of the pet owner's
tenancy.

20.0 REPAYMENT AGREEMENTS

When a participant owes GHA $50 or more for any reason, the participant may enter into
a formal payment agreement with GHA and sign a Promissory Note. Payments must be
made in accordance with the Note. The monthly repayment amount is in addition to the
family’s regular rental payment to the Landlord and is payable to GHA. This amount will
not exceed 40% of monthly adjusted income, less the family’s portion of monthly rent.

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GHA will charge a minimum payment of $10.00. All Promissory Notes must be in writing
and signed by both parties. The Promissory Note must include the following elements:
A. Reference to the paragraphs in the Section 8 information packet, stating the
participant is in non-compliance and may be subject to termination of assistance.

B. The monthly retroactive repayment amount is in addition to the family’s regular rent
payment to the landlord and is payable to GHA.

C. The terms of the agreement may be renegotiated if there is a decrease or increase
in the family’s income.

D. Late and or missed payments constitute default of the repayment agreement and
will result in termination of assistance.

E. A second instance of unreported income will be cause for immediate termination
of assistance.

F. Participant will not be allowed to move until the balance is paid in full. Special
circumstances such as Landlord HQS failure and abatement may be reviewed by
a supervisor to allow a move with a balance due, however the family must remain
in the City of Glendale until the balance is paid in full.
21.0 COOPERATING WITH LAW ENFORCEMENT AGENCIES

GHA will comply with all lawful information requests from Federal, State, or local law
enforcement officers regarding possible fugitive felons and/or a parole or probation
violators. GHA will supply upon request from a law enforcement agency (1) the current
address; (2) Social Security number; and (3) photograph (if available) of any recipient of
assistance.
Requests for service of court orders, summons, warrant, etc. by law enforcement
agencies shall be coordinated with the Glendale Police Department (GPD)
GHA understands that issues of law enforcement are time-sensitive and may require an
immediate response. For all requests from law enforcement other than Glendale Police
Department, Glendale PD must be immediately contacted to ensure:

1)
Validity of request;

2)
GPD is aware of enforcement activities in its jurisdiction; and

3)
Allow GPD the opportunity to accompany the outside agency.

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GHA must await GPD contact before proceeding with the request from a law enforcement
agency outside of Glendale.
GHA will also cooperate with federal, state, or county enforcement agencies such as law,
code, child protective service, child support, animal abuse, etc. This list is not all inclusive.
GHA WILL NOT OFFER ANY PROTECTIONS TO ANY
APPLICANT/PARTICIPANT REGARDING AN ENFORCEMENT
AGENCY.

22.0 TERMINATION
22.1 Termination by Tenant
The tenant may terminate the lease at any time upon submitting a 30-day written notice.
If the tenant vacates prior to the end of the thirty (30) calendar days, they will be
responsible for rent through the end of the notice period or until the unit is re-rented,
whichever occurs first.

If no notice is given, and Tenant delivers keys without giving notice, Tenant will be
required to pay rent and will be obligated to the terms of the dwelling lease for an
additional thirty (30) calendar days.

The Arizona Landlord Tenant Act 33-1310 defines “Delivery of Possession as returning
dwelling keys to the landlord and vacating the premises. If the keys are not returned by
12:00 p.m. on the notice date, Tenant is considered to be in possession of the dwelling
unit, and the City will act in accordance with the Arizona Landlord Tenant Act to regain
possession of the dwelling unit.

Tenant will be charged any applicable fees associated with regaining possession.

22.2 Termination by the Housing Authority (PIH Notice 2015-19)
GHA may terminate program assistance for a participant for the following reasons:.
1. Failure to report changes in family composition within 30 days.
2. The family fails to provide any documentation or information requested by GHA,
including information on household income, in order to calculate the appropriate
level of assistance, or to determine household composition.
3. The family violates any tenant obligations under the program.
4. If a family member fails to sign and submit consent forms.
A. GHA must notify their local HUD office when an applicant or participant
family/household member revokes their consent (9886).
5. The family fails to verify citizenship or eligible immigrant status or does not have at
least one member with eligible immigration status.
6. A member of the family has been evicted from public housing within the last five
years.
7. Within the past 24 months, a member of the household is convicted of a drug

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related or violent criminal activity during tenancy and no other member of the
household would be eligible for benefits.

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8. A household member currently engages in illegal use of a drug, including the use
or medical or recreational marijuana use.
9. A household member is a fugitive felon, parole violator or person fleeing to avoid
prosecution, or custody or confinement after conviction, for a crime, or attempt to
commit a crime, that is a felony under the laws of the place from which the
individual flees.
10. A member of the family commits fraud, bribery or any other corrupt or criminal act
in connection with any Federal housing program or any other government
assistance program.
11. The family currently owes rent or other amounts to GHA or to another Housing
Authority in connection with Section 8 or public housing assistance under the 1937
Act and has not made, or is not in compliance with, arrangements made to repay
such amounts.
12. An activity of a family member, guest or visitor, threatens the health, safety, or right
to peaceful enjoyment of the premises and community or other residents,
neighbors, or employees of GHA.
13. An unauthorized person is living in the household.
14. A family member, guest or visitor engages in or threatens abusive or violent
behavior toward any GHA staff member, contractor, or others at any time while
receiving assistance. This behavior may include verbal abuse/threats as well as
physical abuse or gestures, written threats that communicate intent to abuse or
commit violence. Use of racial slurs or other language, written or verbal, which is
used to attempt to intimidate, is abusive behavior.
15. A household member becomes or is discovered to be subject to a lifetime
registration requirement under a State sex offender registration program.
16. A household member’s illegal use (or pattern of illegal use) of a controlled
substance, or abuse (or pattern of abuse) of alcohol, is determined by GHA to
interfere with the health, safety, or right to peaceful enjoyment of the premises by
other residents.
17. GHA discovers that tenant or a household member is convicted of drug-related
criminal activity for the manufacture or production of methamphetamine on the
premise of federally assisted housing.
18. If a family breaks-up, GHA will make a determination of which family member will
remain in the unit and may terminate assistance to some or all of the remaining
members, taking into consideration the following factors:
1. To whom the housing choice voucher was issued.
2. The interest of minor children or of ill, elderly, or disabled family members.
3. Whether the assistance should remain with the family members remaining
in the unit. Household members such as live-in aides, foster children, and
foster adults do not qualify as remaining members of a family.
4. Whether family members were forced to leave the unit as a result of actual
or threatened physical violence by a spouse or other member(s) of the
household.
5. If a court determines the disposition of property between members of the
assisted family in a divorce or separation under a settlement of judicial

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decree, GHA will be bound by the court’s determination of which family -
members continue to receive assistance in the program.
19. Any family absent from the assisted unit for more than 45 consecutive calendar
days must be terminated from the program. GHA will review each case on its own
merit to determine if a reasonable accommodation would be granted for
hospitalization, etc.
20. The family is evicted for violation of their lease.
21. The family is issued a nonrenewal notice for violation of the lease.
22. A family member commits any material violation of the lease.
23. The family fails to comply with inspection requirements, including failing to allow
access to a unit.
24. For purposes of this section, GHA may terminate assistance if a family member
has been convicted of a prohibited offense as provided in this Section or the
preponderance of evidence indicates that a family member has engaged in activity
that interferes with the health, safety, or right to peaceful enjoyment of the
premises. GHA is prohibited from denying admission based on arrest records.
( PIH Notice 2015-19).
25. GHA defines a reasonable period of time as three years from the resolution of the
last offense unless HUD determines that a longer period of time is appropriate.
26. For ongoing assistance, at any time, GHA may review past criminal history to
determine if the conduct indicates that the participant is not suitable for continued
occupancy.

22.3 Domestic Violence, Dating Violence, Sexual Assault, or Stalking
(Violence Against Women Act (VAWA)) 24 CFR subpart 5
Under the Violence Against Women Act (VAW), notwithstanding the title of the statute,
protections are not limited to women, but cover victims regardless of sex, gender identity,
or sexual orientation). Housing Choice Voucher participants have the following specific
protections, which will be observed by GHA.

1.
An applicant for assistance or an assisted tenant may not be denied
admission to, or denied assistance under, terminated from participation in,
or evicted from the housing on the basis or as a direct result of the fact that
the applicant or tenant is or has been a victim of domestic violence, dating
violence, sexual assault, or stalking, hereafter VAWA crimes, if the applicant
or tenant otherwise qualifies for admission, assistance, participation, or
occupancy. (FR-5720-F-03 p. 80800).

2.
A tenant may not be denied tenancy or occupancy rights solely on the basis
of criminal activity directly relating to the domestic violence, dating violence,
sexual assault, or stalking if the criminal activity is engaged in by a member
of the household of the tenant or any guest or person under the control of
the tenant, and the tenant or an affiliated individual of the tenant is the victim
or threatened victim of a VAWA crime.

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3.
Once GHA is presented with a claim for continued or initial tenancy or
assistance based on status as a victim of domestic violence, dating
violence, sexual assault, stalking, or criminal activity related to domestic
violence, dating violence, sexual assault, or stalking, GHA will request, that
the individual making the claim document the abuse. GHA’s request for
documentation will be in writing.

4.
GHA will accept the following documentation as validation of a claim of
domestic violence, dating violence, sexual assault, or stalking. This
documentation must be submitted within 14 business days after receipt of
GHA’s written request for verification. GHA will consider an extension of
time for reasonable cause.

1.
A Federal, State, tribal, territorial, or local law enforcement or court
record; or;
2.
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, dating violence, sexual assault, or stalking, or the effects of
abuse, in which the professional attests under penalty of perjury
under 28 U.S.C. 1746 to the professional’s belief that the incident or
incidents of abuse, and the victim has signed or attested to the
documentation. or
3.
HUD’s Certification of Domestic Violence, Dating Violence Sexual
Assault, or Stalking and Alternate Documentation form
4.
In the event GHA receives conflicting evidence, tenants and
applicants will be required to submit third-party documentation to
document the occurrence of a VAWA crime. This documentation
must be submitted in the GHA office within 30 calendar days
(§5.2007(b)(2)

Failure to timely provide the required documentation may remove the
protections given under VAWA. GHA may honor court orders regarding the
rights of access or control of the property, including EPO’s (order of
protection), DVO’s (domestic violence order), and other orders issued to
protect the victim and to address the distribution or possession or property
among household members where the family “breaks up.”

5.
GHA may bifurcate the lease and terminate the assistance or evict a tenant
who engages in criminal acts or threatened acts of violence or stalking to
family members or others without terminating the assistance or evicting
victimized tenants. GHA will trespass the perpetrator from the public
housing rental communities. The VAWA victim must be the one who retains
the assistance.

6.
Once the lease is bifurcated and the perpetrator’s assistance is terminated,
and if the removed tenant is the only one family member whose

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characteristics qualified the rest of the family to live in the unit or receive

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assistance, the remaining tenants have 90 calendar days to establish
eligibility and/or find new housing. However, the 90-day period will not apply
if the lease expires prior to the termination of the 90-day period, and as a
result of the lease expiration, assistance is terminated.

7.
If in the case where the perpetrator is the only legal citizen in the household
and is removed due to domestic violence, GHA must terminate assistance
to the remaining non-citizen family. The remaining non-citizen family will be
terminated 30 calendar days after the lease bifurcation, or when the lease
expires, whichever is sooner (FR-5720-F-03, p. 80775)

8.
GHA will review and take into consideration all circumstances to remove a
person from the household. If warranted, GHA will issue a 24-hour notice of
removal/trespassing, if allowed by court action or upon law enforcement
advice/guidance.

9.
Consideration will be given if the perpetrator attends counseling or
rehabilitation services and provides proof of attendance. Review will be on
a case-by-case basis to determine if counseling or rehabilitation is sufficient
reason to continue to assist the person. Any repeated act of actual or
threatened domestic violence, dating violence, sexual assault, or stalking
after consideration of counseling or rehabilitation will be cause for
immediate termination of the perpetrator with no further consideration.

10.
If after submitting a claim for protection under VAWA, the victim allows the
perpetrator to move back into the household/unit and GHA has not agreed
to reinstate the person for assistance, assistance may be terminated for the
family.

11.
If the victim of the VAWA crime allows the perpetrator onto the property,
and if the presence of the perpetrator on the property will endanger others,
or if GHA can demonstrate an actual and imminent threat to other tenants,
or those employed at or providing services to the property, GHA will evict or
terminate assistance of a victim of a VAWA crime (80731).

12.
There is no limitation on the ability of GHA to terminate assistance for other
good cause unrelated to the incident or incidents of domestic violence,
dating violence, sexual assault, or stalking, other than the victim may not be
subject to a “more demanding standard” than other tenants in making the
determination whether to evict, or to terminate assistance or occupancy
rights.

13.
There is no prohibition on GHA terminating assistance if it “can demonstrate
an actual and imminent threat to other tenants or those employed at or
providing services to the property if that tenant’s (victim’s) assistance is not
terminated (FR-5720-F-03, p. 80731).

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14.
If an incident of domestic violence, dating violence, sexual assault, or
stalking results in damage to the unit, GHA will not charge the tenant with
cost to repair/replace if the tenant takes the steps necessary to protect
against the perpetrator (police, court, counseling, etc.). If the victim takes
the necessary steps and GHA waives any maintenance charges associated
with damage due to domestic violence, dating violence, sexual assault, or
stalking and the victim allows the perpetrator back into the unit, the GHA
will charge the tenant with the full cost of the repair/replacement.

15.
VAWA provides an exception to the prohibition against tenants moving in
violation of the lease in the public housing program. If a safe unit is
immediately available, GHA will consider allowing a tenant to transfer to
another Glendale public housing unit if the tenants have established they
are victims of domestic violence, dating violence, sexual assault or stalking,
and provides a written request before a transfer occurs certifying that the
criteria for an emergency transfer are met. (FR Vol 81, No. 221, November
16, 2016, pg. 80727, 80741).

16.
GHA has a waiting list preference in place for victims of VAWA crimes,
however, GHA must be open for applications in order to get on the waiting
list.

17.
Any protections provided by law which give greater protection to the victim
are not superseded by these provisions.

18.
GHA shall require verification or certification in all cases where a tenant
claims VAWA protections. Tenant verification /certification must be
submitted within 14 business days after receipt of the Housing Authority's
written request for verification, unless provided an extension at the
discretion of the GHA.

19.
All information provided under VAWA including the fact that an individual is
a victim of domestic violence, dating violence, sexual assault, or stalking,
shall be retained in confidence and shall not be entered into any shared
database or provided to any related entity except to the extent that the
disclosure is:

1. Requested or consented to by the individual in writing;

2. Required for used in an eviction proceeding; or

3. Otherwise required by applicable law.

20.
GHA shall provide its tenants notice of their rights under VAWA including
their right to confidentiality and the limits thereof.

21.
GHA shall keep a record of all emergency transfer requests requested
under the Emergency Transfer Plan and the outcome of these requests for
three years.

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22.4 IMMIGRATION STATUS / SELF-PETITIONER
1.
A “Self Petitioner” is a category of battered noncitizens seeking legal
permanent resident status without the cooperation or knowledge of their
abusive relative. A “VAWA Self-Petitioner” is a category of battered
noncitizens seeking VAWA-related relief and other VAWA-related petitions
or applications for lawful permanent resident status.

2.
Self –petitioners can indicate that they are in “satisfactory immigration
status” when applying for assistance or continued assistance from Section
214 covered housing providers.

3.
GHA will not deny, reduce, or terminate the assistance of a VAWA Self-
Petitioner who claims “satisfactory immigration status”. GHA will verify that
the applicant or participant is a self-petitioner by utilizing the SAVE system
to verify immigration status.

4.
All protections afforded under VAWA apply to the self-petitioner throughout
the verification process.

22.5 VAWA Confidentiality

All information provided under VAWA including the fact that an individual is a victim of
domestic violence, dating violence, sexual assault, or stalking, shall be retained in
confidence and shall not be entered into any shared database or provided to any related
entity except to the extent that the disclosure is:

1.
Requested or consented to by the individual in writing.

2.
Required for used in an eviction proceeding; or

3.
Otherwise required by applicable law.

22.6 Abandonment
A unit is considered abandoned if the tenant has not resided in it for 10 days, the rent has
not been paid for the current month, and there is no reasonable evidence other than the
presence of the tenant’s personal property that the tenant is occupying the residence.

Unit will be considered abandoned after five (5) days if rent is unpaid and there is no
personal property in the unit (ARS §33-1370 (H)).

GHA must post a written notice of intent to declare a unit abandoned. The notice must
state from what date GHA determined the unit abandoned and that the tenant has five (5)
calendar days from the date of posting to reclaim the unit in the manner stated in the
posting. If tenant does not reclaim the unit, GHA will take possession.

If the tenant leaves personal belongings in the unit, GHA must inventory the items and
store them for 10 calendar days. after the vacate date. If the tenants’ personal belongings

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remain unclaimed after the 10 calendar days, GHA may dispose of the items as seen fit.

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GHA must keep a list of the disposed items noting the methods of disposal. Costs for
storage and disposal shall be assessed against the former tenant. GHA may not profit
from the disposal of such items. (A.R.S. § 13-1370E)

If this policy conflicts with the Arizona Landlord Tenant Act, the Act will take precedence.

22.7 Return of Security Deposit
After a family moves out, GHA will return the security deposit within a reasonable time
after termination of occupancy or give the family a written statement of why all or part of
the security deposit is being kept. The rental unit must be restored to the same conditions
as when the family moved in, except for normal wear and tear. Deposits will not be used
to cover damage that existed when the family moved in.

GHA will be considered in compliance with the above if the required payment, statement,
or both, are deposited in the U.S. mail with first class postage paid within 14 days.

22.8 EIV Deceased Tenant Report
GHA shall generate the EIV’s Deceased Tenants Report monthly shortly before either the
end of the month or creating rent statements to see if the system flags deceased
residents. GHA shall review the report and follow up with any listed families immediately
and take any necessary corrective action as set forth in PIH Notice 2010-50 or successor
publications.

If it is a single member household, immediately visit the unit and determine if it is vacant
or occupied by an unauthorized person. If improperly occupied, take immediate eviction
actions under state law. If the property is occupied by a live-in-aide to the deceased
person, the aide must move out immediately and is not eligible for continued occupancy
or rental assistance

22.9 Notice of Termination of Assistance
GHA will send a written notice of termination of assistance to the family, which will include
form HUD-50066. The notice will state the date on which the termination will become
effective. The notice will include information on the grievance process, if the reason for
termination is required by federal regulations.

22.9.1 If Termination is Due to a Disabled Family Member
If a family indicates that the behavior of a family member with a disability is the reason for
a proposed termination of assistance, GHA may determine whether the behavior is
related to the disability. If so, GHA may determine whether alternative measures are
appropriate as a reasonable accommodation. GHA will only consider accommodations
that can reasonably be expected to address the behavior that is the basis of the proposed
termination. If lease noncompliance continues after the accommodation, assistance will
be terminated.

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23.0 SUPPORT FOR OUR ARMED FORCES

The City of Glendale and the GHA support the men and women serving in our Armed
Forces. Whenever the Federal Government activates Reserve and/or National Guard
personnel, GHA wants to support them in the following manner:
1. If a military family finds it necessary for another adult to temporarily move into a
unit solely to serve as a temporary guardian for children residing in the unit, the
income received by the temporary guardian will not be counted in determining
family income. The presence of the temporary guardian will need to be approved
by the Landlord.

2. Although typically a criminal background check is required before anyone can
participate in the housing choice voucher program, this requirement will be waived
for a temporary guardian of a military family’s children. Instead, the background
check will occur after the person moves into the assisted unit. If the results of the
check indicate that the person is ineligible for the program, the family shall be given
a reasonable time to find a replacement temporary guardian.
3. Recognizing that activation in the Reserves or National Guard can be very
disruptive to a family’s income, GHA will expeditiously re-evaluate a resident’s
portion of the rent if requested to do so.

4. If all members of a military family are temporarily absent from the unit because a
member of the family has been called to active duty, the family can retain control
of the unit for up to 180 days by paying the required rent and returning to the unit
within 30 calendar days of the conclusion of the active duty service. If the service
extends beyond 180 calendar days, GHA will seek a waiver of the 180-day limit
from HUD.

24. ADDRESSING FRAUDULENT ACTIVITY

In accordance with the city’s Anti-Fraud policies as defined in section 24.7, GHA’s
procedures are designed to prevent the inappropriate expenditure of public funds and
violations of PH program requirements. If fraudulent activity is suspected, GHA will
attempt to obtain additional documentation or information to make an informed
determination.

24.1 Investigation
If a determination of fraudulent activity is made, a complete investigation will be conducted
to include attempting to obtain written statements from persons involved. All
documentation and corroborating evidence shall be documented in an investigation report
and shall include a recommended action. The investigation report shall be reviewed by
the Housing Program Administrator before any action is taken.

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24.2 Fraud Remediation
GHA, in its sole discretion, shall take action it deems appropriate based on the results of
the determination of the Housing Program Administrator. Actions may include any of the
following:
1. Issuing a demand for immediate repayment of monies owed.

2. Entering into a repayment agreement for monies owed.

3. Issuing a program termination notice.

4. Filing a police report to request criminal prosecution.

5. Removing an applicant from the waiting list.

6. Other action deemed necessary by the Housing Program Administrator in
accordance with rules, laws, regulations or administrative polices.

24.3 EMPLOYEE AND BUSINESS CONDUCT POLICIES
The City of Glendale has established and regularly reviews the following policies
pertaining to ethical standards for employee and business practices. Current copies of all
policies in their entirety may be obtained through the City Clerk.

24.3.1 Employee Conduct
It is the policy of the city of Glendale that employees shall at all times conduct themselves
in a way that reflects favorably on the public they serve. The City upholds, promotes, and
demands the highest standards of ethics from all of its employees.
1. Employees are expected to maintain the utmost standards of personal integrity,
truthfulness, honesty, and fairness in carrying out their public duties.

2. Avoid any improprieties in their roles as public employees.

3. Never use their City position or power for improper personal gain.

4. Respect and comply with all federal, state, and local laws, including all municipal
policies, rules, regulations, directives, and procedures.
An employee’s attempt to ensure compliance is not intended, nor should it be construed,
as an attempt to unreasonably intrude upon an individual’s right to privacy or the right to
participate freely in a democratic society and economy.
24.3.2 Information Security and Confidentiality
It is the policy of the City of Glendale that all employees are responsible for adhering to

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the city’s policies regarding information security and confidentiality. All employees are

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responsible for safeguarding data and information including personally identifiable
information (PII), protected health information (PHI) and payment card data (CHD),
including the creation, processing, management, transmission, storage and disposal of
information, and prevent any and all unauthorized disclosure or use of information.

24.4 Conflict of Interest
It is the policy of the City of Glendale that all employees, shall not engage in on-duty or
off-duty conduct which constitutes a conflict of interest with their City duties and
responsibilities and strict adherence to the City’s Conflict of Interest Policy is required at
all times.
In addition, in accordance with 24 CFR 982.161 the following individuals are prohibited
from entering into any contract or arrangement in connection with the programs in which
they have had direct or indirect interest during his or her tenure or for one year thereafter
and all must disclose any potential conflict of their interest or prospective interest to GHA
and HUD.
1. Any present or former member or officer of GHA (except a participant
commissioner).

2. Any employee of GHA or any contractor, subcontractor or agent of GHA
who formulates policy or who influences decisions with respect to the
programs.

3. Any public official, member of a governing body, or State or local legislator
who exercises, functions, or oversees responsibilities with respect to GHA’s
programs.

4. Any member of the Congress of the United States.
The Conflict of Interest prohibition under this Section (24.2) may be waived by the HUD
Field Office upon the request of GHA.

24.5 Referrals
Employees in their working capacity shall not recommend any one specific commercial
enterprise to non-City employees. Referrals to non-profit organizations are exempted.

24.6 Gratuities
No employee shall accept as an individual any fee, gift, discount, entertainment, or other
valuable item in the course of performing the duties of his/her position.
1. No GHA employee shall solicit any gift or consideration of any kind.

2. No GHA employee may accept or receive a gift from any person who has an
interest in any matter proposed or pending before GHA.

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3. Items of nominal value such as candy, cake, cookies, lunches, or other items that
are intended to be complimentary or appreciative in nature, and shared with the
entire work group may be accepted upon approval by the Community Services
Director in accordance with City policy.

24.7 Discipline
All GHA policies and procedures are subject to the City’s disciplinary processes. The City
establishes disciplinary processes to assure a fair and consistent procedure for the
prevention, correction, and discipline of employee performance and behavioral
deficiencies. This system emphasizes the prevention, identification, correction, and
resolution of employee performance deficiencies.

24.8 Elected Officials and Boards and Commissions
Standards for conducting city business for elected officials and boards and commissions
are established by the City Council and adopted via resolution. Compliance with Arizona
Open Meeting Law also applies. For more information, visit the city’s website at
www.glendaleaz.com under Boards and Commissions.

24.9 Anti-Fraud
The city’s policy on Anti-Fraud is established to provide increased protection to the assets
and financial interests of the City of Glendale, to provide a coordinated approach to the
identification, investigation and resolution of fraudulent activities, to develop controls to
promote consistent organizational behavior, and to increase the overall awareness of the
responsibility to report fraud and reasonably suspected fraudulent activity to the
appropriate City of Glendale administrators.
Fraud is defined as any willful or deliberate act committed with the intention of obtaining
an unauthorized benefit, such as money or property, by misrepresentation, deception, or
other unethical means.
City of Glendale administrators at all levels of management are accountable for setting
the appropriate tone of intolerance for fraudulent acts by displaying the proper attitude
toward complying with laws, rules, regulations, and policies.
Department directors are responsible for identifying and assessing the level of the risks
and exposures to fraudulent activity inherent in his or her area of responsibility.
Department directors shall establish and maintain proper internal controls which will
provide for the security and accountability of the resources within his or her department.
All City employees are responsible for safeguarding City resources and ensuring that they
are used only for authorized purposes, in accordance with City of Glendale rules, policies,
and applicable law.
Fraud and financial impropriety may include, but are not limited to the following actions:
1. Failure to failure to fully report all sources of income

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2. Failure to accurately report all individuals who live or will live in the residence

3. Embezzlement or other financial irregularities

4. Forgery, alteration, or falsification of documents or electronic files

5. Misappropriation, misuse, theft, removal, or destruction of City resources
(including funds, securities, supplies, inventory, furniture, fixtures, equipment,
intellectual property or any other asset)

6. Improprieties in the handling or reporting of money or financial transactions

7. Misuse of City facilities (including telephones, computers and e-mail system)

8. False claims by employees, vendors, service recipients, or others associated with
the City of Glendale

9. Receiving or offering bribes, rebates, or kickbacks

10. Personal use of City property

11. Accepting or seeking anything of material value from individuals seeking services
or contractors, vendors or persons providing or seeking to provide services or
materials to the City (except that which is permitted under HR Policy #509 -
GRATUITIES)

12. Conflict of interest

13. Misrepresentation of facts

14. Any similar or related irregularity

25.0 GLOSSARY

1937 Housing Act: The United States Housing Act of 1937 [42 U.S.C. 1437 et seq.)
6 Months Consecutive Employment: Working 20 hours per week at minimum wage for
no less than six months consecutively, for the six-month period immediately preceding an
eligibility appointment. (at eligibility working 20 hours per week average over the most
recent 6 consecutive months but no more than a 30 day gap between employers.
Temporary work is qualifying.)
50058 Form: The HUD form that housing authorities are required to complete for each

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assisted household in public housing to record information used in the certification and

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re-certification process and, at the option of the housing authority, for interim re-
examinations.
Actual and imminent threat: a physical danger that is real, would occur within an
immediate time frame, and could result in death or serious bodily harm. In determining
whether an individual would pose an actual and imminent threat, the factors to be
considered include: 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.

Adjusted Annual Income: The amount of household income, after deductions for
specified allowances, on which tenant rent is based.
Administrative Plan: The plan that describes GHA policies for the administration of the
tenant-based programs.
Admission: is the point when the family becomes a participant in the program. The date
used for this purpose is the effective date of the first HAP contract for a family (first day
of initial lease term) in the tenant-based program.
Adult: A household member who is 18 years or older or who is the head of the household,
or spouse, or co-head.
Affiliated Individual: VAWA 2013 defines an “affiliated individual” with respect to an
individual, as a spouse, parent, brother, sister, or child of that individual, or an individual
to whom that individual stands in the place of a parent or guardian, or any individual,
tenant, or lawful occupant living in the household of that individual.
Allowances: Amounts deducted from the household's annual income in determining
adjusted annual income (the income amount used in the rent calculation). Allowances are
given for elderly families, dependents, medical expenses for elderly families or disabled
families, disability expenses, and childcare expenses for children under age 13. Other
allowance can be given at the discretion of GHA. See Medical Expenses.
Amortization Payment: In a manufactured home space rental: The monthly debt service
payment by the family to amortize the purchase price of the manufactured home.
Annual Contributions Contract (ACC): The written contract between HUD and a GHA
under which HUD agrees to provide funding for a program under the 1937 Act, and GHA
agrees to comply with HUD requirements for the program.
Annual Income: All amounts, monetary or not, that:
1. Go to (or on behalf of) the family head, spouse or co-head (even if temporarily
absent) or to any other family member, or
2. Are anticipated to be received from a source outside the family during the 12-
month period following admission or annual re-examination effective date; and
3. Are not specifically excluded from Annual Income.
4. Annual Income also includes amounts derived (during the 12-month period) from

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assets to which any member of the family has access.

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Applicant (applicant family): A family that has applied for admission to a program but
is not yet a participant in the program.
Assets: See net family assets.
Asset Income: Income received from assets held by household members. If assets total
more than $50,000, income from the assets is "imputed" and the greater of actual asset
income and imputed asset income is counted in annual income.
Bifurcate: means to divide a lease as a matter of law, subject to the permissibility of such
process under the requirements of the applicable HUD covered program and State or
local law, such that certain tenants or lawful occupants can be evicted or removed and the
remaining tenants or lawful occupants can continue to reside in the unit under the same
lease requirements or as may be revised depending upon the eligibility for continued
occupancy of the remaining tenants and lawful occupants.
Certification: The examination of a household's income, expenses, and family
composition to determine the household's eligibility for program participation and to
calculate the household's rent for the following 12 months.
Child means a member of the family other than the family head or spouse who is under
18 years of age.
Child Care Expenses: Amounts anticipated to be paid by the family for the care of
children under age 13, during the period for which annual income is computed, but only
where such care is necessary to enable a family member to actively seek employment,
be gainfully employed, or to further his or her education and only to the extent such
amounts are not reimbursed. The amount deducted shall reflect reasonable charges for
childcare. In the case of child-care necessary to permit employment, the amount deducted
shall not exceed the amount of income included in annual income from the enabled family
member.
Reasonable full time childcare is defined to be no more than the amount published by the
Arizona Department of Economic Security (DES) as the average median cost as
determined
by
the
DES
market
rate
survey
for
Maricopa
County
(See
http://arizonachildcare.org/acccost.html for recent costs).
Citizen: A citizen or national of the United States.
Co-Head: An individual in the household who is equally responsible with the head of
household for ensuring that the family fulfills all of its responsibilities under the program,
but who is not a spouse. A family can have only one co-head.
Common Space: In shared housing: Space available for use by the assisted family and
other occupants of the unit.
Community Service: 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.

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Consent Form: Any consent form approved by HUD to be signed by assistance
applicants and participants for the purpose of obtaining income information from
employers and SWICAs, and other information sources, return information from the Social
Security Administration, and return information for unearned income from the Internal
Revenue Service. The consent forms may authorize the collection of other information
from assistance applicants or participant to determine eligibility or level of benefits.
Continuously Assisted: An applicant is continuously assisted under the 1937 Housing
Act if the family is already receiving assistance under any 1937 Housing Act program
when the family is admitted to the Voucher Program. The family must be currently on a
program in order to be considered for continuous assistance. If a family is not receiving
assistance for any length of time, it is no longer considered continuously assisted. If a
family is receiving public housing assistance and reaches the top of the Section 8 waiting
list, eligibility (except for income) will apply, including a criminal background check. A
family will not be admitted to a program to avoid eviction or termination from a different
HUD-funded program.
Cooperative: Housing owned by a non-profit corporation or association, and where a
member of the corporation or association has the right to reside in a particular apartment,
and to participate in management of the housing.
Covered Families: Families who receive welfare assistance or other public assistance
benefits ("welfare benefits") from a State or other public agency ("welfare agency") under
a program for which Federal, State, or local law requires that a member of the family must
participate in an economic self-sufficiency program as a condition for such assistance.
Currently Working: A family must be currently working when pulled for initial eligibility.
Dating Violence: [as defined in Section 40002 (a) (8) of VAWA 1994]: means violence
committed by a person—
1.
Who is or has been in a social relationship of a romantic or intimate nature
with the victim; and
2.
Where the existence of such a relationship shall be determined based on a
consideration of the following factors:
1)
The length of the relationship.
2)
The type of relationship.
3)
The frequency of interaction between the persons involved
in the relationship.
Decent, Safe, and Sanitary: Housing is decent, safe, and sanitary if it satisfies the
applicable housing quality standards.
Department: The Department of Housing and Urban Development.

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Dependent: A member of the family (except foster children and foster adults) other than
the family head, spouse or co-head, who is under 18 years of age, or is a person with a
disability, or is a full-time student (full-time student can be an adult, but not the head or
household or spouse).
Delay (In the Provision of Assistance to Non-Citizens): Assistance to an applicant
may be delayed until after the conclusion of the INS appeal process, but not denied until
after the conclusion of GHA informal hearing process.
Disability Assistance Expenses: Reasonable expenses that are anticipated, during the
period for which annual income is computed, for attendant care and auxiliary apparatus
for a disabled family member and that are necessary to enable a family member (including
the disabled member) to be employed, provided that the expenses are neither paid to a
member of the family nor reimbursed by an outside source.
The deduction is equal to the amount by which the cost exceeds 3% of the family’s annual
income. The deduction may not exceed the earned income received by the family member
who is enabled to work as a result of this expense.
Disabled Family: A family whose head, spouse, co-head, or sole member is a person
with disabilities; two or more persons with disabilities living together; or one or more
persons with disabilities living with one or more live-in aides. (24 CFR 5.403(b)) (Also see
"person with disabilities.")
Disabled Person: See "person with disabilities."
Displaced family is a family in which each member or the sole member is a person
displaced by governmental action, or whose dwelling has been extensively damaged or
destroyed as a result of a disaster declared or otherwise formally recognized under
federal disaster relief laws.
Domestic Violence: [as defined in VAWA 2013 and §5.2003,]: – includes felony or
misdemeanor crimes of violence committed by a current or former spouse, or intimate
partner of the victim, by a person with whom the victim shares a child in common, by a
person who is cohabiting with or has cohabited with the victim as a spouse, or intimate
partner, by a person similarly situated to a spouse of the victim under the domestic or
family violence laws of the jurisdiction receiving grant monies, or by any other person
against an adult or youth victim who is protected from that person’s acts under the
domestic or family violence laws of the jurisdiction. The term “spouse or intimate partner
of the victim” includes a person who is or has been in a social relationship of a romantic
or intimate nature with the victim, as determined by the length of the relationship, the type
of the relationship, and the frequency of interaction between the persons involved in the
relationship.
Domicile: The legal residence of the household head, spouse or co-head as determined
in accordance with State and local law.

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Drug Related Criminal Activity: Illegal use or personal use of a controlled substance,
and the illegal manufacture, sale, distribution, use or possession with intent to
manufacture, sell, distribute or use, of a controlled substance.
Drug Trafficking: The illegal manufacture, sale, or distribution, or the possession with
intent to manufacture, sell, or distribute, of a controlled substance.
Economic Self-sufficiency Program: Any program designed to encourage, assist, train,
or facilitate the economic independence of HUD-assisted families or to provide work for
such families. These programs include programs for job training, employment counseling,
work placement, basic skills training, education, English proficiency, workfare, financial
or household management, apprenticeship, and any program necessary to ready a
participant for work (including a substance abuse or mental health treatment program), or
other work activities.
Elderly Family: A family whose head, spouse, or sole member is a person who is at least
62 years of age; or 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.
Elderly Person: A person who is at least 62 years of age.
Enterprise Income Verification (EIV) system is a web-based computer system that
contains employment and income information of individuals who participate in HUD rental
assistance programs.
Evidence (Credible): Credible Evidence includes, but is not limited to, evidence obtained
from police and/or court records. Testimony from neighbors, when combined with other
factual evidence, can be considered credible evidence. Other credible evidence includes,
but is not limited to, documentation of drug raids, police reports, witness statements, or
arrest warrants. (PIH Notice 2015-19)
Evidence (Preponderance): Preponderance of Evidence is defined as evidence which
is of greater weight or more convincing than the evidence which is offered in opposition
to it; that is, evidence which as a whole shows that the fact sought to be proved is more
probable than not. The intent is not to prove criminal liability, but to establish that the
act(s) occurred, thus making the participant unsuitable for admission or continued
occupancy/assistance.
Evidence of Citizenship or Eligible Status: The documents that must be submitted to
evidence citizenship or eligible immigration status.
Exception Area means a designated part of an FMR area.
Exception Payment Standard means payment standard below 90 percent or above 110
percent of the 40th FMR, with HUD’s approval if necessary.
Exception Rent: An amount that exceeds the published fair market rent.

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Extremely low-income family refers to a very low-income family whose income does
not exceed the higher of 30 percent of the area median income or the federal poverty
level.
50058 Form: The HUD form that GHA's are required to complete for each assisted
household in public housing to record information used in the certification and re-
certification process, and, at the option of GHA, for interim re-examinations.
Fair Housing Act: Title VIII of the Civil Rights Act of 1968, as amended by the Fair
Housing Amendments Act of 1988 (42 U.S.C. 3601 et seq.).
Fair Market Rent (FMR) is the rent, including the cost of utilities (except telephone), as
established by HUD for units of varying sizes (by number of bedrooms), that must be paid
in the housing market area to rent privately owned, existing, decent, safe and sanitary
rental housing of modest (non-luxury) nature with suitable amenities. See periodic
publications in the Federal Register in accordance with 24 C.F.R. Part 888.
Family as defined by HUD includes, but is not limited, individual persons and a group of
persons residing together, regardless actual or perceived sexual orientation, gender
identity, marital status, age, or disability. Such group includes, but is not limited to, a family
with or without children (a child who is temporarily away from the home because of
placement in foster care is considered a member of the family), an elderly family, a near-
elderly family, a disabled family, a displaced family, or the remaining member of a tenant
family.
Family Members: include all household members except live-in aides, foster children,
and foster adults. All family members permanently reside in the unit, though they may be
temporarily absent. All family members are listed on the HUD-50058.
Family Self-Sufficiency Program (FSS program): The program established by a GHA
to promote self-sufficiency of assisted families, including the coordination of supportive
services (42 U.S.C. 1437u).
Family Share is the portion of rent and utilities paid by the family.
Family Unit Size means the appropriate number of bedrooms for a family, as determined
by the PHA under the PHA subsidy standards.
FMR/Exception Rent Limit: The Section 8 existing housing fair market rent published
by HUD headquarters, or any exception rent. For a tenancy in the Voucher Program, GHA
may adopt a payment standard up to the FMR/exception rent limit.
Gender identity means the gender with which a person identifies, regardless of the sex
assigned to that person at birth and regardless of the person's perceived gender identity.
Perceived gender identity means the gender with which a person is perceived to identify
based on that person's appearance, behavior, expression, other gender related
characteristics, or sex assigned to the individual at birth or identified in documents.

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Gross Rent is the entire housing cost and is calculated by adding the rent to the owner
and the utility allowance for the unit. Note: If all the utilities are included in the rent, the
rent to the owner and the gross rent will be the same.
Guest: guest is a person temporarily staying in the unit with the consent of a member of
the household who has expressed or implied authority to provide consent on behalf of the
tenant. [24 CFR 5.100] A guest is a temporary visitor of the tenant’s and should not be
confused with an unauthorized occupant. Additionally, a guest is not a party to the lease
agreement.
Head of Household: The adult member of the family who is the head of the household
for purposes of determining income eligibility and rent.
Homeless or At Risk for Homelessness includes all of the following:

(1) An individual or family who lacks a fixed, regular, and adequate nighttime residence;
(2) An individual or family with a primary nighttime residence that is a public or private place not
designed for or ordinarily used as a regular sleeping accommodation for human beings,
including a car, park, abandoned building, bus or train station, airport, or camping ground;
(3) An individual or family living in a supervised publicly or privately operated shelter designated
to provide temporary living arrangements (including hotels and motels paid for by Federal,
State, or local government programs for low-income individuals or by charitable
organizations, congregate shelters, and transitional housing);
(4) An individual who resided in a shelter or place not meant for human habitation and who is
exiting an institution where he or she temporarily resided;
(5) An individual or family who—
(A) Will imminently lose their housing, including housing they own, rent, or live in without
paying rent, are sharing with others, and rooms in hotels or motels not paid for by
Federal, State, or local government programs for low-income individuals or by
charitable organizations, as evidenced by—
(i) A court order resulting from an eviction action that notifies the individual or
family that they must leave within 14 days;
(ii) The individual or family having a primary nighttime residence that is a room in
a hotel or motel and where they lack the resources necessary to reside there
for more than 14 days; or
(iii) Credible evidence indicating that the owner or renter of the housing will not
allow the individual or family to stay for more than 14 days, and any oral
statement from an individual or family seeking homeless assistance that is
found to be credible shall be considered credible evidence for purposes of this
clause;
(B) Has no subsequent residence identified; and
(C) Lacks the resources or support networks needed to obtain other permanent housing;
and The McKinney-Vento Homeless Assistance Act As amended by S. 896 The

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Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of
2009 2
(6) Unaccompanied youth and homeless families with children and youth defined as homeless
under other Federal statutes who—
(A) Have experienced a long-term period without living independently in permanent
housing,
(B) Have experienced persistent instability as measured by frequent moves over such
period, and
(C) Can be expected to continue in such status for an extended period of time because
of chronic disabilities, chronic physical health or mental health conditions, substance
addiction, histories of domestic violence or childhood abuse, the presence of a child
or youth with a disability, or multiple barriers to employment.
(7) DOMESTIC VIOLENCE AND OTHER DANGEROUS OR LIFE-THREATENING
CONDITIONS.—Notwithstanding any other definition of this section, the GHA shall consider
to be homeless any individual or family who is fleeing, or is attempting to flee, domestic
violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening
conditions in the individual's or family's current housing situation, including where the health
and safety of children are jeopardized, and who have no other residence and lack the
resources or support networks to obtain other permanent housing.
(8) AT RISK OF HOMELESSNESS.—The term `at risk of homelessness' means, with respect to
an individual or family, that the individual or family—
(A) Has income below 30 percent of median income for the geographic area;
(B) Has insufficient resources immediately available to attain housing stability; and
(C) Any of the following conditions are present:
(i) Has moved frequently because of economic reasons;
(ii) Is living in the home of another because of economic hardship;
(iii) Has been notified that their right to occupy their current housing or living
situation will be terminated;
(iv) Lives in a hotel or motel;
(v) Lives in severely overcrowded housing;
(vi) Is exiting an institution; or (vii) otherwise lives in housing that has
characteristics associated with instability and an increased risk of
homelessness.

Household means the family and the PHA approved live-in aide.
Household Members: include all individuals who reside or will reside in the unit and who
are listed on the lease, including live-in aides, foster children and foster adults.

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Housing Assistance Payment is the monthly assistance payment by a PHA and is
calculated as the lower of: 1) the payment standard for the family minus the total tenant
payment (TTP); or 2) the gross rent minus the TTP.
Housing Quality Standards (HQS): The HUD minimum quality standards for housing
assisted under the Section 8 program.
Immediate Family Member: a spouse, parent, brother, sister, or child of that person, or
an individual to whom that person stands in place of the parents; or any other person
living in the household of that person and related to that person by blood or marriage.”
Imputed Income: For households with net family assets of more than $5,000, the amount
calculated by multiplying net family assets by a HUD-specified percentage. If imputed
income is more than actual income from assets, the imputed amount is used in
determining annual income.
Imputed Welfare Income: The amount of annual income not actually received by a
family, as a result of a specified welfare benefit reduction, that is nonetheless included in
the family's annual income for purposes of determining rent.
Income: Includes all monetary amounts, which are received on behalf of the family. For
purposes of calculating the Total Tenant Payment, HUD defines what is to be calculated
and what is to be excluded in the federal regulations. In accordance with this definition,
all income which is not specifically excluded in the regulations is counted.
Income Category: Designates a family's income range. There are three categories: low
income, very low income and extremely low-income.
Incremental Income: The increased portion of income between the total amount of
welfare and earnings of a family member prior to enrollment in a training program and
welfare and earnings of the family member after enrollment in the training program. All
other amounts, increases and decreases, are treated in the usual manner in determining
annual income.
In-Kind Payments: Contributions other than cash made to the family or to a family
member in exchange for services provided or for the general support of the family (e.g.,
groceries provided on a weekly basis, baby-sitting provided on a regular basis).

INS: The U.S. Immigration and Naturalization Service, now known as CIS, the U.S.
Citizenship and Immigration Service.

Interim (Examination): A re-examination of a household's income, expenses, and
household status conducted between the annual recertifications when a change in a
household's circumstances warrant such a re-examination.

Involuntary Displacement: An applicant is or will be involuntarily displaced if the
applicant has vacated or will have to vacate the unit where the applicant lives because of
one or more of the following:

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1.
Displacement by disaster. An applicant's unit is uninhabitable because of a
disaster such as a fire or flood.
2.
Displacement by government action. Activity carried on by an agency of the United
States or by any State or local governmental body or agency in connection with code
enforcement or a public improvement or development program. The action must not be
associated with action or inaction by the resident, i.e., code compliance failure by the
resident.
3.
Displacement because of Domestic Violence., An applicant must relocate because
of a domestic violence situation.
The application for assistance must be received no later than 30 days after the action that
caused the person or family to be displaced.
Law enforcement agency means the National Crime Information Center (NCIC), police
departments, and other law enforcement agencies that hold criminal conviction records.
(Note that the NCIC is a division of the Federal Bureau of Investigation (FBI)).
Lease is a written agreement between an owner and a tenant for the leasing of a dwelling
unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit
by a family.
Live-in Aide: A person who resides with one or more elderly persons, or near-elderly
persons, or persons with disabilities, and who:
1.
Is determined to be essential to the care and well-being of the persons;
2.
Is not obligated for the support of the persons; and
3.
Would not be living in the unit except to provide the necessary supportive services.
Rotating aides, occasional, intermittent, or multiple aides do not meet the definition of a
live-in aide and therefore do not qualify for an extra bedroom. A live-in aide must be
identified and approved prior to moving into the unit with the assisted family.
Low-income Families: Those families whose incomes do not exceed 80% of the median
income for the area, as determined by HUD with adjustments for smaller and larger
families, except that HUD may establish income ceilings higher or lower than 80% of the
median for the area on the basis of HUD's findings that such variations are necessary
because of unusually high or low family incomes.
Low income-limit is an income limit that HUD generally sets at 80 percent of the area
median income.
Manufactured Home: A manufactured structure that is built on a permanent chassis, is
designed for use as a principal place of residence and meets the HQS.
Medical Expenses: Medical expenses (of all family members of an elderly or disabled
family), including medical insurance premiums that are anticipated during the period for
which annual income is computed, and that are not covered by insurance or reimbursed.

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Medical expenses are permitted only for a family where the head of household spouse or

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co-head is at least 62 years of age or disabled. If the family is eligible, medical expenses
for all family members are deductions. Monthly payments made toward an accumulated
medical bill are deductible expenses. The total deduction over time cannot exceed the
amount of the bill.
Allowable medical expenses include the costs of diagnosis, cure, mitigation, treatment,
or prevention of disease, and the costs for treatments affecting any part or function of the
body. They include the costs of equipment, supplies, and diagnostic devices needed for
these purposes and include, but are not limited to, prescription and non-prescription
drugs, costs for doctors, therapists, medical facilities, and care for service animals. They
also include dental expenses. (24 CFR §5.603(d)).
Medical care expenses must be primarily to alleviate or prevent a physical or mental
defect or illness. They do not include expenses that are merely beneficial to general
health, such as vitamins or a vacation; however, vitamins may qualify if deemed a
necessary part of treatment.
Medical expenses include the premiums paid for insurance that covers the expenses of
medical care, and the amounts paid for transportation to get medical care.
Medical expenses also include amounts paid for qualified long-term care services and
limited amounts paid for any qualified long-term care insurance contract.
Minimum Rent is the PHA-determined minimum TTP amount. The minimum rent is the
least a family will contribute toward rent and utilities. The PHA can set the minimum rent
anywhere from $0 to $50.
Minor: A person less than eighteen years of age. (Head of household, spouse, co-head,
or an unborn child may not be counted as a minor for purposes of allowing a deduction.)
Mixed-status family is a family that includes members who are citizens or have eligible
immigration status and members who do not contend to have eligible immigration status
for the program.

Mixed Population Development: A public housing development, or portion of a
development, that was reserved for elderly and disabled families at its inception (and has
retained that character). If the development was not so reserved at its inception, the GHA
has obtained HUD approval to give preference in tenant selection for all units in the
development (or portion of development) to elderly families and disabled families. These
developments were formerly known as elderly projects.

Monthly Adjusted Income means one twelfth of adjusted income.
Monthly Income means one twelfth of annual income.
National: A person who owes permanent allegiance to the United States, for example,
as a result of birth in a United States territory or possession.
Near-elderly Family: A family whose head, spouse, or sole member is a person who is

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at least 50 years of age but below the age of 62; or two or more persons, who are at least

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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.
Net Family Assets:
1.
Net cash value after deducting reasonable costs that would be incurred in
disposing of real property, savings, stocks, bonds, and other forms of capital
investment, excluding interests in Indian trust land and excluding equity
accounts in HUD homeownership programs. The value of necessary items
of personal property such as furniture and automobiles shall be excluded.
2.
In cases where a trust fund has been established and the trust is not
revocable by, or under the control of, any member of the family or
household, the value of the trust fund will not be considered an asset so
long as the fund continues to be held in trust. Any income distributed from
the trust fund shall be counted when determining annual income.
3.
In determining net family assets, housing authorities or owners, as
applicable, shall include the value of any business or family assets disposed
of by an applicant or tenant for less than fair market value (including a
disposition in trust, but not in a foreclosure or bankruptcy sale) during the
two years preceding the date of application for the program or re-
examination, as applicable, in excess of the consideration received
therefore. In the case of a disposition as part of a separation or divorce
settlement, the disposition will not be considered to be for less than fair
market value if the applicant or tenant receives important consideration not
measurable in dollar terms.
Non-citizen: A person who is neither a citizen nor national of the United States.
Notice of Funding Availability (NOFA): For budget authority that HUD distributes by
competitive process, the Federal Register document that invites applications for funding.
This document explains how to apply for assistance, and the criteria for awarding the
funding.
Occupancy Standards: The standards that GHA establishes for determining the
appropriate number of bedrooms needed to house families of different sizes or
composition.
Participant (Participant Family) is a family that has been admitted to the PHA program
and is currently assisted in the program. The family becomes a participant on the effective
date of the first day of initial lease term.
Perpetrator: A person who commits an act of domestic violence, dating violence, sexual
assault, or stalking against a victim.
Person with Disabilities: Disability (for purposes of HUD’s program definition) is defined
as:

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(1) Having a disability as defined in 42 U.S.C. § 423(d)(1); 42 U.S.C. Section 423(d)(1) (A)
defines disability as:
(A) Inability to engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can be
expected to result in death, or which has lasted or can be expected to last
for a continuous period of not less than 12 months; or
(B) In the case of an individual who has attained the age of 55 and is blind
(within the meaning of “blindness” as defined in section 416(i)(1) of this title),
inability by reason of such blindness to engage in substantial gainful activity
requiring skills or ability comparable to those of any gainful activity in which
he has previously engaged with some regularity and over a substantial period
of time.
(2) Having a physical, mental, or emotional impairment that is expected to be of long-
continued and indefinite duration, substantially impedes his or her ability to live
independently, and is of such a nature that ability to live independently could be
improved by more suitable housing conditions; or
(3) Having a developmental disability as defined in 42 U.S.C. § 15002(8) (formerly
codified in 42 U.S.C. § 6001 The Developmental Disabilities Assistance and Bill of
Rights Act (42 U.S.C. § 6001(8)) defines developmental disability in functional terms
as: A severe, chronic disability of a person 5 years of age or older which:
(A) is attributable to a mental or physical impairment or combination of mental
and physical impairments;
(B) is manifested before the person attains age twenty-two;
(C) is likely to continue indefinitely;
(D) results in substantial functional limitations in three or more of the following
areas of major life activity:
(i) self-care,
(ii) receptive and responsive language,
(iii) learning,
(iv) mobility,
(v) self-direction,
(vi) capacity for independent living, and
(vii) economic self-sufficiency; and
(E) reflects the person’s need for a combination and sequence of special,
interdisciplinary, or generic care, treatment, or other services which are of

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lifelong or extended duration and are individually planned and coordinated;
except that such term, when applied to infants and young children, means
individuals from birth to age 5, inclusive, who have substantial developmental
delay or specific congenital or acquired conditions with a high probability of
resulting in developmental disabilities if services are not provided. See also 24
CFR § 5.403 (Definitions).
(4) A person with a disability to include:
(A) individuals with a physical or mental impairment that substantially limits one
or more major life activities;
(B) individuals who are regarded as having such an impairment; and
(C) individuals with a record of such an impairment.
(5) The term "physical or mental impairment" includes, but is not limited to, such diseases
and conditions as orthopedic, visual, speech, deaf or hard of and hearing, cerebral
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, Human Immunodeficiency Virus infection, developmental disabilities,
emotional illness, drug addiction (other than addiction caused by current, illegal use
of a controlled substance) and alcoholism.
(6) The term "substantially limits" suggests that the limitation is "significant" or "to a large
degree." The term “major life activity” means those activities that are of central
importance to daily life, such as seeing, hearing, walking, breathing, performing
manual tasks, caring for one’s self, learning, working, and speaking.

Personally Identifiable Information (PII): Information which can be used to distinguish
or trace an individual’s identity, such as their name, social security number, biometric
records, etc. alone, or when combined with other personal or identifying information which
is linked or linkable to a specific individual, such as date and place of birth, mother’s
maiden name, etc.
Premises: The building or complex in which the dwelling unit is located, including
common areas and grounds.
Previously Unemployed: For purposes of calculating earned income exclusion, this
includes a person who has earned, in the 12 months previous to employment, no more
than would be received for 10 hours of work per week for 50 weeks at the established
minimum wage (24 CFR §5.609).
Processing Entity: The person or entity who is responsible for making eligibility and
related determinations and an income re-examination. In the Section 8 and public housing
programs, the processing entity is the responsibility entity.
Prorated Assistance means, for families that include both members who are citizens or
have eligible immigration status and members who do not have eligible immigration status
(or elect not to state that they have eligibility), the amount of assistance is prorated based

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on the percentage of household members who are citizens or have established eligible
immigration status.
Public Housing: Housing assisted under the 1937 Act, other than under Section 8. Public
housing includes dwelling units in a mixed finance project that are assisted by a PHA with
capital or operating funds.
Public Housing Agency: A State, county, municipality or other governmental entity or
public body (or agency or instrumentality thereof) authorized to engage in or assist in the
development or operation of low-income housing.
Reasonable Period of Time – for admission to program after criminal offense, five years,
unless federal regulations require prohibition for a longer time.
Re-certification: A re-examination of a household's income, expenses, and family
composition to determine the household's rent for the following 12 months.
Refugee: A person who has been determined to qualify as defined by the INS.
Remaining Member of a Tenant Family: A member of the family listed on the lease who
continues to live in an assisted household after all other family members have left.
Household members such as live-in aides, foster children, and foster adults do not qualify
as remaining members of a family.
Responsible Entity:
1.
For the public housing program, the Section 8 tenant-based assistance
program (24 CFR 982), and the Section 8 project-based certificate or
voucher program (24 CFR 983), and the Section 8 moderate rehabilitation
program (24 CFR 882), responsible entity means the PHA administering the
program under an ACC with HUD;
2.
For all other Section 8 programs, responsible entity means the Section 8
project owner.
Resident of Area: A family living in GHA's jurisdiction, working in GHA's jurisdiction, or
notified that they are hired to work in GHA's jurisdiction. The length of time the family has
lived or worked in the jurisdiction may not be considered.
Self-declaration: A type of verification statement by the tenant as to his/her citizenship
or eligible immigration status, the amount and source of income, expenses, or family
composition.

Sensitive Personally Identifiable Information: PII that when lost, compromised or
disclosed without authorization could substantially harm an individual. Examples of
sensitive PII include social security or driver’s license numbers, medical records, and
financial account numbers such as credit or debit card numbers.
Sexual assault: any nonconsensual sexual act proscribed by Federal, tribal, or State
law, including when the victim lacks capacity to consent.

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Shelter Allowance: That portion of a welfare benefit (e.g., TANF) that the welfare agency
designates to be used for rent and utilities.
Single Person: Someone living alone or intending to live alone who does not qualify as
an elderly person, a person with disabilities, a displaced person, or the remaining member
of a tenant family.
Specified Welfare Benefit Reduction:
1.
A reduction of welfare benefits by the welfare agency, in whole or in part,
for a family member, as determined by the welfare agency, because of fraud
by a family member in connection with the welfare program; or because of
welfare agency sanction against a family member for noncompliance with a
welfare agency requirement to participate in an economic self-sufficiency
program.
2.
"Specified welfare benefit reduction" does not include a reduction or
termination of welfare benefits by the welfare agency:
1) at the expiration of a lifetime or other time limit on the
payment of welfare benefits;
2) because a family member is not able to obtain
employment, even though the family member has
complied with welfare agency economic self-sufficiency or
work activities requirements; or
3) because a family member has not complied with other
welfare agency requirements.
Sporadic Income: Income that is neither reliable nor periodic.
Spouse: The term “spouse” does not apply to friends, roommates, or significant others
who are not marriage partners.
Stalking: Engaging in a course of conduct directed at a specific person that would cause
a reasonable person to: (1) Fear for the person’s individual safety or the safety of others;
or (2) Suffer substantial emotional distress.
State Wage Information Collection Agency (SWICA): The State agency receiving
quarterly wage reports from employers in the State, or an alternative system that has
been determined by the Secretary of Labor to be as effective and timely in providing
employment-related income and eligibility information.
Statement of Family Responsibility: An agreement in the form prescribed by HUD,
between GHA and a Family to be assisted under the Moderate Rehabilitation Program,
stating the obligations and responsibilities of the family.
Subsidy Standards: are standards established by a PHA to determine the appropriate
number of bedrooms and amount of subsidy for families of different sizes and
compositions.

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Temporary Protective Status (TPS): provides families with temporary immigration
status to the United States. Families that are granted TPS under the Victims of Trafficking
and Violence Protection Act of 2000 (P.L. 106- 386) are provided with a “T” visa and are
considered to have eligible immigration status under Section 207 of the Immigration and
Nationality Act (INA). Families with a “T” visa are eligible for full housing assistance
Tenant: is the person or persons (other than a live-in aide) who executes the lease as
lessee of the dwelling unit

Tenant Rent: The amount payable monthly by the family as rent to the housing authority.
Where all utilities (except telephone) and other essential housing services are supplied
by the housing authority or owner, tenant rent equals total tenant payment. Where some
or all utilities (except telephone) and other essential housing services are supplied by the
housing authority and the cost thereof is not included in the amount paid as rent, tenant
rent equals total tenant payment less the utility allowance. (24 CFR §5.603(d))
Third-Party (verification): Written or oral confirmation of a family's income, expenses
Third-party (verification): Oral or written confirmation of a household's income,
expenses, or household composition provided by a source outside the household, such
as an employer, doctor, school official, etc.
Total Tenant Payment (TTP): is the minimum family contribution to the gross rent and is
calculated as the greater of: 1) 30 percent of monthly adjusted income; 2) 10 percent of
monthly income; 3) the welfare rent (in as-paid states only); or 4) the PHA minimum rent.

Total tenant payment for families residing in public housing does not include charges for
excess utility consumption or other miscellaneous charges.

Total tenant payment for families residing in public housing whose initial lease was
effective before August 1, 1982: Paragraphs (b) and (c) of 24 CFR §913.107, as it
existed immediately before November 18, 1996), will continue to govern the total
tenant payment of families, under a public housing program, whose initial lease
was effective before August 1, 1982.

Tuition: The amount of tuition and required fees covering a full academic year most
frequently charged to students. These values represent what a typical student would be
charged and may not be the same for all students at an institution. If tuition is charged on
a per-credit-hour basis, the average full-time credit hour load for an entire academic year
is used to estimate average tuition. Required fees include all fixed sum charges that are
required of a large proportion of all students. The student who does not pay the charges
is an exception. Verification of tuition and fees can be obtained from the student’s bill or
annual statement, by contacting the bursar’s office, or from the school’s website (PIH
2015-21).
Examples of required fees include, but are not limited to, writing and science lab fees and
fees specific to the student’s major or program (i.e., nursing program).

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Expenses related to attending an institution of higher education must not be included as
tuition. Examples of these expenses include, but are not limited to, room and board,
books, supplies, meal plans, transportation and parking, student health insurance plans,
and other non-fixed sum charges.
For section 8 programs only, PHAs must include amounts of financial assistance an
individual receives in excess of tuition and other required fees and charges when
determining annual income.
For the Public Housing program, the full amount of financial assistance a student receives
while participating in the program continues to be excluded from the program participant’s
annual income.
Upfront Income Verification is the verification of income before or during a family re-
examination, through an independent source that systematically and uniformly maintains
income information in computerized form for a number of individuals.
Unauthorized Occupant: Is a person who, with the consent of a tenant, is staying in the
unit, but is not listed on the lease documents or approved by the owner to dwell in the
unit.
Utility Allowance: means, if the cost of utilities (except telephone) and other housing
services for an assisted unit is not included in the tenant rent but is the responsibility of
the family occupying the unit, an amount equal to the estimate made or approved by a
PHA or HUD of the monthly cost of a reasonable consumption of such utilities and other
services for the unit by an energy-conservative household of modest circumstances
consistent with the requirements of a safe, sanitary, and healthful living environment.
Utility Hook-up Charge: In a manufactured home space rental, costs payable by a family
for connecting the manufactured home to utilities such as water, gas, electrical and sewer
lines.
Utility Reimbursement: The amount, if any, by which the utility allowance for the unit, if
applicable, exceeds the total tenant payment for the family occupying the unit. (24 CFR
§5.603)
VAWA: The Violence Against Women Act of 1994, as amended (42 U.S.C. 13925 and
42 U.S.C. 14043e et seq.
Verification: The process of confirming the information contained in an applicant or
resident’s submission to the GHA. Verification may include obtaining original documents
from government agencies (such as birth certificate, original SSN card or INS “green
card”) or statements from individuals who can attest to the accuracy of the amounts of
income, expenses, or household member status (e.g., employers, public assistance
agency staff, doctors).
Verification Hierarchy: is the order of preference for methods of verifying information
supplied by an applicant or tenant family.

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Very low-income limit: is an income limit that HUD generally sets at 50 percent of the
area median income.
Violent Criminal Activity: Any illegal criminal activity that has as one of its elements the
use, attempted use, or threatened use of physical force against the person or property of
another.
Waiting List Admission: is an admission from the PHA waiting list
Welfare Assistance: means welfare or other payments to families or individuals, based
on need, that are made under programs funded, separately or jointly, by Federal, State
or local governments (including assistance provided under the Temporary Assistance for
Needy Families (TANF) program, as that term is defined under the implementing
regulations issued by the Department of Health and Human Services at 45 C.F.R.
§260.31).
45 CFR 260.31 defines the term “assistance” to include cash, payments, vouchers, and
other forms of benefits designed to meet a family's ongoing basic needs (i.e., for food,
clothing, shelter, utilities, household goods, personal care items, and general incidental
expenses).
It includes such benefits even when they are:
1.
Provided in the form of payments by a TANF agency, or other agency on its
behalf, to individual recipients; and
2.
Conditioned on participation in work experience or community service (or
any other work activity under 45 CFR 261.30).
Except where excluded later in this definition, it also includes supportive
services such as transportation and childcare provided to families who are
not employed.
The term “assistance” excludes:
1.
Non-recurrent, short-term benefits that:
1.
Are designed to deal with a specific crisis situation or episode of
need;
2.
Are not intended to meet recurrent or ongoing needs; and
3.
Will not extend beyond four months.
2.
Work subsidies (i.e., payments to employers or third parties to help cover
the costs of employee wages, benefits, supervision, and training);
3.
Supportive services such as childcare and transportation provided to
families who are employed;
4.
Refundable earned income tax credits;

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5.
Contributions to, and distributions from, Individual Development Accounts;

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6.
Services such as counseling, case management, peer support, childcare
information and referral, transitional services, job retention, job
advancement, and other employment-related services that do not provide
basic income support; and
7.
Transportation benefits provided under a Job Access or Reverse Commute
project, pursuant to section 404(k) of the Act, to an individual who is not
otherwise receiving assistance.
Welfare Rent: means the portion of welfare assistance specifically designated to meet
the family’s actual housing costs.

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27.0 ACRONYMS

ACC
Annual Contributions Contract
ACOP
Admissions and Continued Occupancy Policy
CHD
Community Housing Division
CFR
Code of Federal Regulations
DVP
Disaster Voucher Program
EIR
Established Income Range
EIV
Enterprise Income Verification (formerly known as UIV)
FSS
Family Self Sufficiency (program)
GHA
Glendale Housing Authority
HCDA
Housing and Community Development Act
HQS
Housing Quality Standards
HUD
Department of Housing and Urban Development
INS
(U.S.) Immigration and Naturalization Service
LEP
Limited English Proficiency
NAHA
(Cranston-Gonzalez) National Affordable Housing Act
NOFA
Notice of Funding Availability
OMB
(U.S.) Office of Management and Budget
QHWRA
Quality Housing and Work Responsibility Act of 1998
SSA
Social Security Administration
SSD
Social Security Disability
SSI
Supplemental Security Income
TTP
Total Tenant Payment
VAWA
Violence Against Women Act

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APPENDIX A

28.0 GRIEVANCE PROCEDURE
28.1 Applicability
1.
GHA’s Grievance Procedure shall apply to all individual grievances
including grievances pertaining to individuals with disabilities (Section 504
grievances) between the tenant and GHA. GHA may exclude from its
procedure any grievance concerning an eviction based upon a tenant’s
threat to the health or safety of other tenants or GHA employees, vendors,
or contractors.

2.
GHA Grievance Procedure shall not be applicable to disputes between
tenants not involving GHA. The Grievance Procedure is not intended as a
forum for initiating or negotiating policy changes between groups of tenants
and GHA.

3.
The Department of Housing and Urban Development (HUD) has
determined that Arizona State Landlord/Tenant Law provides the necessary
pre-eviction hearing and other elements of due process. Therefore, criminal
activity evictions are excluded from this grievance process.

28.2 Definition of Terms §966.53
1.
“Grievance” shall mean any dispute that a tenant may have with respect to
GHA action or failure to act in accordance with the individual tenant’s lease,
GHA regulations, which adversely affect the individual tenant’s rights,
duties, welfare, or status. “Grievance” does not include any dispute a
resident may have with GHA concerning a termination of tenancy or
eviction that involves any criminal activity that threatens the health, safety,
or right to peaceful enjoyment of the premises by other residents,
employees of the City, contractors or vendors; or any criminal activity on
or off such premises. This process applies to disputes between residents
not involving GHA or to class grievances.

2.
“Complainant” shall mean any tenant whose grievance is presented to GHA
in accordance with the requirements for filing a grievance.

3.
“Elements of Due Process” shall mean any eviction action or a termination
of tenancy in a state or local court in which the following procedural
safeguards are required:

1.
Adequate notice to the tenant of the grounds for terminating the
tenancy and for eviction;

2.
Opportunity for the tenant to examine all relevant documents,
records and regulations of GHA prior to the trial for the purpose of
preparing a defense;

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3.
Right of the tenant to be represented by counsel;

4.
Opportunity for the tenant to refute the evidence presented by GHA,
including the right to cross-examine witnesses and to present any
affirmative legal or equitable defense, which the tenant may have;

5.
A decision on the merits.

4.
“Hearing Officer” means an impartial person or persons selected by the
GHA, other than the person who made or approved the decision under
review, or a subordinate of that person. Such individual or individuals do not
need legal training.

5.
“Tenant” shall mean any lessee, or the remaining head of the household, of
any tenant family residing in housing accommodation covered by these
regulations.

28.3 Informal Settlement of Grievance (24CFR §966.54)
Any grievance shall be submitted in writing within five (5) business days from the date of
the termination notice, to GHA office, so that the grievance may be discussed informally
and settled without a hearing. A summary of such discussion shall be prepared within ten
(10) business days and one copy shall be given to the tenant and one retained in GHA
tenant file. The summary shall specify the names of the participants, dates of meeting,
the nature of the proposed disposition of the complaint and the specific reasons therefore
and shall specify the procedures by which a hearing may be obtained if the complainant
is not satisfied. The informal settlement meeting will be held with representatives of GHA.

28.4 Procedure to Obtain a Hearing (24CFR §966.50-57)
Request for Hearing

1. The complainant shall submit a written request for a hearing to GHA within
five (5) business days after receipt of the summary of discussion, as
explained in Section III above. The written request shall specify:

1.
The reasons for the grievance

2.
The action or relief sought

Persons Claiming Protections under VAWA

GHA will review the documentation submitted by the victim that supports the claim of
domestic violence, dating violence, sexual assault, or stalking prior to scheduling a
hearing.

Selection of Hearing Officer

Grievances shall be presented before a hearing officer. A grievance hearing shall be
conducted by an impartial person appointed by GHA, in the method determined by GHA,

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other than a person who made or approved the action under review or a subordinate of
such person. The hearing officer may be an employee or official of the City of Glendale
who is not directly involved in the day-to-day administration of the Conventional Public
Housing program.

Failure to Request a Hearing

If the complainant does not request a hearing in accordance with this policy, then GHA’s
disposition of the grievance shall become final. Failure to request a hearing shall not
constitute a waiver by the complainant of his right thereafter to contest GHA’s action in
disposing of the complaint in an appropriate judicial proceeding.

Hearing Prerequisite

All grievances shall be presented in writing to request a hearing, and in person at the
informal meeting, pursuant to the informal procedure prescribed in 24 CFR §966.54 as a
condition precedent to a hearing under this section. If the complainant shows good cause
why he failed to proceed in accordance with 24 CFR §966.54 to the hearing officer, the
hearing officer may waive the provisions of this subsection.

Escrow Deposit

Before a hearing is scheduled in any grievance involving the amount of rent which GHA
claims is due, the complainant shall pay to GHA an amount equal to the rent due and
payable as of the first of the month preceding the month in which the act or failure to act
took place. The complainant shall thereafter deposit the same amount of the monthly rent
in an escrow account monthly until the complaint is resolved by decision of the hearing
officer. These requirements may be waived by GHA in extenuating circumstances. Unless
so waived, the failure to make such payments shall result in a termination of the grievance
procedure. Failure to make payment shall not constitute a waiver of any right the
complainant may have to contest GHA’s disposition of his grievance in any appropriate
judicial proceeding.

If the grievance concerns the denial of a financial hardship exemption from the minimum
rent requirement or the effect of welfare benefit reductions in the calculation of family
income, the requirement for the escrow deposit is waived.

Scheduling of Hearings
Upon complainant’s compliance with the provisions of this section, a hearing shall be
scheduled by the hearing officer within ten (10) business days, or in accordance with the
availability of a hearing officer, after receipt of the complainant’s request for a time and
place reasonably convenient to both the complainant and GHA. A written notification
specifying the time, place and the procedures governing the hearing shall be delivered to
the complainant.

When the Participant Does Not Appear
When an informal or formal hearing is scheduled and the participant has been notified of
the date and time and does not attend the hearing or call to notify GHA of a problem, the

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decision will default on behalf of GHA.

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If the participant provides proof of an emergency that precluded attendance at the
hearing, at the discretion of GHA, the hearing may be rescheduled.

GHA will reschedule an informal hearing one time with reasonable cause. If the second
scheduled hearing is not attended, the denial or termination will stand and the appeal
period will expire.

28.5 Procedures Governing the Hearing

GHA and participants will adhere to the following procedures:

1.1.1. Discovery

Before the hearing, the family will be provided with any documents that GHA intends to
utilize at the hearing. Additionally, the family may request the opportunity to view their
entire GHA file and request a copy of any additional file materials the family intends to
utilize at the hearing. GHA will provide copies for the family at GTHA’s expense.

The family must also present GHA with any documents it intends to utilize at the hearing
and provide an opportunity for GHA to make copies of those materials at GHA’s expense.

Neither GHA nor the family will be allowed to present documents at the hearing that were
not made available to the other party for examination prior to the hearing.

1.1.2
Representation of the Family:

The family may be represented, at its own cost and expense, by a lawyer, or other
authorized representative. GHA will provide, if necessary, a t6ranslator or other aid to
ensure the family’s opportunity to participate in the hearing is meaningful.

1.1.3
Hearing Officer

1. The hearing will be conducted by any impartial person or persons designated by
GHA, who is not a member of GHA staff.

2. The hearing officer may be an employee or official of the City of Glendale.

3. Such individual or individuals do not need legal training.

4. The person who conducts the hearing will regulate the conduct of the hearing in
accordance with these hearing procedures.

1.1.4
Evidence

GHA and the family will be given the opportunity to make opening and closing statements,
present evidence and question any witnesses. Evidence may be considered without
regard to admissibility under the rules of evidence applicable to judicial proceedings.

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1.1.5
Issuance of Decision

The person who conducts the hearing must issue a written decision within 14 calendar
days from the date of the hearing, briefly stating the reasons for the decision. Factual
determinations shall be based on a preponderance of the evidence presented at the
hearing and/or the documents exchanged by the parties.

1.1.6
Effect of the Decision

GHA is not bound by a hearing decision.

28.7 Informal Hearing Procedures for Denial of Assistance on the Basis of
Ineligible Immigration Status
The participant family may request that GHA provide for an informal hearing after the
family has notification of the INS decision on appeal, or in lieu of request of appeal to the
INS. The participant family must make this request within 30 calendar days of receipt of
the Notice of Denial or Termination of Assistance, or within 30 calendar days of receipt of
the INS appeal decision.

28.8 Eviction Actions
If a tenant has requested a hearing in accordance with the regulations on a complaint
involving a GHA notice of termination of the tenancy and the hearing officer or hearing
panel upholds GHA’s action to terminate the tenancy, GHA shall not commence an
eviction action in a State or local court until it has served a notice to vacate on the tenant,
and in no event shall the notice to vacate be issued prior to the decision of the hearing
officer or the hearing panel having been mailed or delivered to the complainant. Such
notice to vacate must be in writing and specify that if the tenant fails to quit the premises
within the applicable statutory period, or on the termination date stated in the Notice of
Termination, whichever is later, appropriate action will be brought against him and he may
be required to pay court costs and attorney fees.

28.9 Reasonable Accommodation
GHA shall provide reasonable accommodations for persons with disabilities to participate
in the hearing. Reasonable accommodations may include qualified sign language
interpreters, readers, accessible locations, or attendants.

If the resident is visually impaired, any notice to the resident that is required by these
procedures must be in an accessible format.

If the resident is a person with limited English proficiency, GHA will comply with HUD’s
“Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English Proficiency Persons.”

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28.10 Discrimination Complaints
Nothing contained in this grievance procedure shall preclude a complainant from
exercising their rights if the complainant believes he/she is being discriminated against
on the basis race, color, sex, actual or perceived sexual orientation, gender identity,
religion, national or ethnic origin, marital or familial status, or disability.

APPENDIX B

29.0 CALCULATION FORMULAS
Annual Income
Income: Annual income is the gross income received by the family based on the past
actual income prior to the annual re-examination (not older than 60 days, such as past
six consecutive paystubs, award letters, bank statements, government assistance
documents, etc.)., monetary or not, during the 12 months following the effective date of
admission or re-examination. (See §5.609.)
1.
Computation of Annual Income

1.
Use past actual income based on required documentation submitted
by the family.
2.
Annualize all income, including income that may not last the full 12
months (such as unemployment benefits). When circumstances
change, an interim re-examination may be processed.
2.
Calculation Examples

1.
Regular Employment:
Hourly: Average hourly rate x average hours worked per week x 52
= annual income.
If the hours worked are full time (40 hours per week) for 52 weeks
per year, 2080 hours = full time 52-week pay.
Salaried: Monthly salary x 12 = annual income.
Tips: Average tips per week x 52 = average annual tips.
Overtime: Average overtime hours per week x overtime rate x 52 =
annual overtime.
*** When calculating income for a wage earner who works less than
12 months per year (example is a school employment where the
person is off during the summer), calculate the TTP both ways, then
give the head of household the choice. The head of household MUST
initial agreeing to the rent calculation method chosen.

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2. Non-Regular Employment: Includes employment where wages,
hours, and employers worked for are flexible and no business-
related deductions are claimed. In general, this category applies to
those types of employment that do not readily fit in the regular
employment category. For example, a person who does yard work
for the same employers, same wage, and same number of hours per
period could and should be verified under the procedures for regular
employment.
If the client's wages, employers, and hours change frequently, their
employment would be considered non-regular.
1 Verification: The client must Self-Declare the following information:
1.
Type of work or services performed
2.
Average amount of income earned per month
3.
Signature of client and date prepared
2.
Calculation: Average monthly income times 12 = annual
income from non-regular employment.

3. Public Assistance: (Includes but not limited to AFDC, General
Assistance, Supplemental Security Benefits, and Unemployment
Compensation.) See calculation below:
1 Monthly Benefit x 12 = annual benefit
2. Overpayments: In the case of benefits where a previous
overpayment is currently being deducted, the gross amount of the
benefit minus the deduction for repayment shall be used.

4.
Child Support:
Changes to child support will be effective the second month after the
date the change is in effect, to allow for processing by the providing
agency

5. Pensions/Social Security/Retirement/Annuity Payments Includes
Social Security benefits, Veterans benefits, Pension, retirement, and
annuity benefits. See calculation below:
Monthly benefit x 12 = annual benefit
Overpayments: In the case of benefits where a previous
overpayment is currently being deducted, the gross amount of the
benefit minus the deduction for repayment shall be used.

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If the overpayment is for a period less than 12 months, use the
adjusted amount x number of months for the adjusted amount. For
the balance of the 12-month period, use the actual benefit amount.
Annuity – 24 CFR 5.609(b)(3), 24 CFR 5.609(b)(4)
For income from an annuity, only the amount over and above what
the family invested in it will be counted in annual income.
Example – Client purchased an annuity many years ago. Now retired
and receiving monthly payments of $650. Third-party written
verification from the insurance company documents the purchase of
the annuity for $75,000. Current payments to the client from the
annuity should not be counted as income until client has received
payments for the full $75,000 invested. To date, client has received
$6,500 from the annuity, and will not receive the full $75,000 for
another 8.8 years. GHA will maintain the insurance company
information in the file and will review the payments and status of the
annuity at each annual recertification, but the annuity payments
should not be counted as income until the full $75,000 is received.

6. Child Support, Alimony, and Support payments made by other
individuals: Includes regular payments made by a parent for the
support of a minor child residing in the household, regular payments
made by a former spouse, and any regular payments made by
relatives, friends, or other persons to the family, or on behalf of the
family for basic rent and utilities. Child support owed and unpaid, but
not taken forward for a judgment must be considered as income. See
calculation below:
Amount of payment x frequency = annual support income
Frequency:
Monthly
(12)
Weekly
(52)
Bi-monthly
(24)
Bi-weekly
(26)

7. Lump-Sum Payments: Generally, lump-sum amounts received by a
family are considered assets, not income, i.e. inheritances,
insurance, settlements, proceeds from the sale of property, etc.
Deferred payments made because of a delay in processing a
periodic payment such as unemployment, social security, welfare
benefits, etc. must be counted as income. If an interim re-
examination was not conducted to reduce the total tenant payment,

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any lump sum amounts received by the family will be treated as an

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asset. The following example will apply only if an interim re-
examination to reduce the total tenant payment is conducted.
Example:
Family member loses her job on October 10, 2004. Unemployment
benefits are delayed. On December 10, 2004, family received a
lump-sum payment of $600 for October 21, 2004 through December
7, 2004. Beginning December 8, 2004, the family receives $100 per
week in unemployment benefits.
1.
Family requests and GHA processes an interim re-
examination. The interim re-examination reduces the family's
total tenant payment and is effective November 1, 2004. After
family receives lump-sum payment in December, GHA
processes another interim re-examination. Interim is effective
February 1, 2005 and Annual Income is computed as shown
below. GHA annualizes income even though unemployment
income is not expected to last the full twelve months and
reminds family to come in for an interim when circumstances
change.
2.
Any amounts deducted from lump sum payments for
attorney's fees shall be deducted from the lump sum amount
that is counted as income.
3.
Any lump sum amounts, counted as income, shall be included
as income for the entire year (until the next annual re-
examination), or for 12 months, whichever is greater. An
example of this calculation is:
$600
(Lump-sum
payment)
plus
$5200
($100/week
unemployment) = Annual Income from unemployment.

8. Regular contributions and gifts. These amounts must be considered
as household income if they are from organizations or from persons
not residing in the residence and are regular. This may include
payments for rent and utilities, and other regular cash and non-cash
contributions. (24 CFR §5.609(7))

9. Assets: Family Assets include interest, dividends, and any other net
income of any kind from real or personal property, to include any
assets disposed of at less than fair market value within the last two
years.
Asset income of minor children is counted as income.
Total Value of Assets Calculation:

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1.
Savings
and
Checking
Accounts,
Certificates of Deposit, IRA and KEOGH
Accounts: Account balance or certificate of
deposit value = total asset value of savings
and
checking
accounts/certificates
of
deposit, IRA, and KEOGH accounts.
2.
Stocks: Number of shares x current per
share value = total asset value of stocks.
3.
Bonds: Cash value of bond x number of
bonds = total asset value of bonds.
4.
Notes
and
Mortgages
Held:
Principal
amount remaining = total asset value of
notes and mortgages held.
5.
Trusts:
(1)
If trust is non-revocable, it is not
counted as an asset.
(2)
If trust is revocable, current amount of
trust = total asset value of trust.

10. Real Property Owned: Current market value minus amount owed (if
any) = total asset value of real property owned.

3.
Income from Assets Calculation:
1.
Savings and Checking Accounts, certificates of Deposit, IRA and
KEOGH Accounts: Account balance x interest rate = annual income
from savings/certificates of deposit, IRA and KEOGH accounts.
b. Stocks: Amount of dividends paid x frequency of payment = annual
dividend income.
3.
Notes and Mortgages Held: Interest portion of the payment x
frequency of payment = annual note or mortgage income.
(Repayment of principal is not considered income.)
4.
Trusts: Use amount of annual proceeds as determined through
verification.
5.
Real Property Owned (if property is income producing):
1.
If income tax return for property is available, use the amount
of net annual income from tax return.
2.
If no income tax return is available, only the following
deductions will be allowed:

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1.
amount of payments received x frequency of
payment = gross annual income, then
2.
if balance owed on property, amount of
interest portion of payments made x
frequency of payment = annual interest
deduction.
4.
Assets Disposed of: Client must sign a Certification of Divestiture of
Assets at each certification or recertification. Assets disposed of for
less than fair market value during the two years preceding effective
date of certification or recertification are included as assets. Cash
value of the asset, the amount the family would receive if the asset
were converted to cash, must be used. Cash value is market value
minus reasonable costs that were or would be incurred in selling or
converting the asset to cash. Expenses which may be deducted
include the following:
1. Penalties for withdrawing funds before maturity
2. Brokers/legal fees assessed to sell or convert the
asset
3. to cash
4. Settlement cost for real estate transactions.
If the fair market value exceeds the gross amount the family received
by more than $1,000, count the whole difference between the cash
value and the amounts received. If the difference is less than $1,000,
ignore it.
Assets disposed of for less than fair market value, as a result of a
foreclosure, bankruptcy, divorce or separation, are not counted.
Assets put into trusts or business assets disposed of for less than
fair market value are counted. See calculation below:
Include the difference between cash value and the amount received
for any asset disposed of at less than fair market value within the last
two years. (Cash value = the fair market value less reasonable
costs.)
4.
Overall Asset Calculation: To determine what amount to use for assets in
the overall calculation of total annual income for both rent and eligibility, use
the following calculations:
1.
Add total value of all assets = total asset value
2.
Add total income from all assets = total asset income

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3.
If total asset value (#1 above) is less than $5,000, use total asset
income (#2 above) in determining total annual income
4.
If total asset value (#1 above) is $5,000, or more, use the larger of
the following:
1. total asset value x 5.5 percent
2. total asset income
5.
Asset Verification Guide
1.
Savings and Checking Accounts, Certificates of Deposit, IRA and
KEOGH Accounts: Statement from the financial institution containing
the following information:
1) date prepared
2) account number
3) account balance
4) interest rate (if the rate is variable, statement must give the
current
5) applicable rate)
6) name of the account holder(s)
7) signature of authorized person
2.
Stocks: A statement from a broker or a statement from the issuing
corporation containing the following information:
1) date prepared
2) account number
3) number of shares
4) current per share value or current total value of shares
5) amount of dividends earned
6) frequency of payment of dividends
7) name(s) of shareholders
8) if a statement from broker, authorized signature
3.
Bonds: A copy of the face of the bond showing the following
information:
1) face value
2) maturity date

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3) interest rate (if any)
4) type of bond
4.
Trusts: Client must provide a copy of the trust documents or a
statement from the trust officer containing the following information:
1. amount of trust
2. type of trust (revocable or non-revocable)
3. annual proceeds of trust
4. beneficiary of trust
5. if statement from trust officer:
1.
date prepared
2.
authorized signature
NOTE: Due to type of verification required, the following forms of verification shall be
provided by the client:
5.
Notes and Mortgages Held: (This is where the client receives
payments rather than makes payments.) The client must provide a
copy of the note or mortgage documents containing the following
information:
1) date of transaction
2) amount of transaction
3) balance owing
4) amount of payments reflecting the distribution between
principal and interest (repayment of principal amount is not
considered income)
5) frequency of payments
6) interest rate
7) name of person(s) holding the note or mortgage
Client must provide a current appraisal or current market analysis prepared by a licensed
real estate agent, broker, or mobile home dealer containing the following information:
6.
Real Property Owned: (Includes Mobile Homes)
1) date prepared
2) current market value of the property
3) Authorized signature

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4)
copy of the deed or other title instrument showing the
name(s) of the owner(s)
5)
if property is mortgaged, a statement from mortgagor(s)
showing:
1.
balance owed on property
2.
amount of payments reflecting distribution
between interest and principal
3.
frequency of payments
6)
for income-producing property:
1.
Copy of lease or rental agreements containing the
following information:
(1)
Term
(2)
Amount of payments
(3)
Frequency of payments
2.
Copy of rental income schedule from income tax return
or copy of property tax statement. This information will
be used to determine allowable expenses.

Calculating Unreported Income/Retro Payments
1.
See Section 10.8

2.
Upon receipt of information or at termination of assistance, if applicable, GHA will
determine any funds due GHA as a result of overpaid Section subsidy as far back
as the existence of complete file documentation (form HUD-50058 and supporting
documentation) to support such retroactive rent determinations, in accordance with
HUD regulatory requirements. The notice of termination will include any amount to
be repaid due to unreported income or program fraud. The tenant will have the
right to contest during the informal hearing, if tenant timely requests one.

3.
The tenant will be provided an opportunity to contest GHA’s determination of tenant
rent underpayment. Tenants will be promptly notified in writing of any adverse
findings made on the basis of verification of information. The tenant may contest
the findings in accordance with established informal hearing procedures. GHA will
not terminate, deny, suspend, or reduce the family’s assistance until the expiration
of any notice or appeal period.

Results will be reported to HUD via the HUD EIV Debts Owed and
Negative Actions process.

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30.0 PRIVACY
GHA is strongly committed to protecting the privacy of people dealing with the City. There
are numerous federal privacy laws, regulations, notices, and other requirements that GHA
follows to the greatest degree practical. Details about these requirements are set forth in
PIH Notice 2015-06 and any ensuing publications. GHA will educate all of its employees
who have access to personally identifiable information (PII) and/or Sensitive Personally
Identifiable Information about these requirements and expect them to appropriately
manage and safeguard the information. Employees will also be trained on the proper
disposition of this information.

APPENDIX C

31.0 REVISIONS TO ADMISSIONS AND CONTINUED OCCUPANCY
POLICY
The provisions of this plan are based upon local, state, and Federal law and regulations.
Should any applicable law or regulation change, this policy will be automatically revised.
To the extent that the change is mandatory (allowing no GHA discretion), the policy will
be revised without requirement for administrative processing, unless otherwise directed
by HUD. By approving this provision, the Mayor and Council, and Committee understand
that they are approving future automatic revisions responding to mandatory regulatory
changes. The Committee will be made aware of such changes. All such changes will also
be submitted to the Department of Housing and Urban Development at submittal of the
Annual or Five Year Plan.

32.0 TENANT OBLIGATIONS/RESPONSIBILITIES
All public housing tenant responsibilities and obligations are contained in the City of
Glendale Dwelling Lease that must be signed annually by the assisted family.