Admissions and Continued Occupancy Policy

The City of Chandler Housing and Redevelopment Department 
Admissions and Continued Occupancy Policy  
(ACOP) 
 
 
 
2022 
 
 
 
 
 
Effective 07/01/2022 
 
Attachment D

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TABLE OF CONTENTS 
CHAPTER 1 ................................................................................................................................ 1-1 
OVERVIEW OF THE PROGRAM AND PLAN ................................................................... 1-1 
PART I: THE PHA ................................................................................................................. 1-2 
1-I.A. Overview .................................................................................................................. 1-2 
1-I.B. Organization and Structure of the PHA .................................................................... 1-2 
1-I.C. PHA Mission ............................................................................................................ 1-2 
1-I.D. The PHA’s Commitment to Ethics and Service ....................................................... 1-3 
PART II: THE PUBLIC HOUSING PROGRAM .................................................................. 1-4 
1-II.A. Overview and History of the Program .................................................................... 1-4 
1-II.B. Public Housing Program Basics .............................................................................. 1-4 
1-II.C. Public Housing Partnerships ................................................................................... 1-5 
1-II.D. Applicable Regulations ........................................................................................... 1-8 
PART III: THE ADMISSIONS AND CONTINUED OCCUPANCY POLICIES ................ 1-9 
1-III.A. Overview and Purpose of the Policy ..................................................................... 1-9 
1-III.B. Contents of the Policy ............................................................................................ 1-9 
1-III.C. Updating and Revising the Policy........................................................................ 1-10 
CHAPTER 2 ................................................................................................................................ 2-1 
FAIR HOUSING AND EQUAL OPPORTUNITY ................................................................ 2-1 
PART I: NONDISCRIMINATION ........................................................................................ 2-2 
2-I.A. Overview .................................................................................................................. 2-2 
2-I.B. Nondiscrimination .................................................................................................... 2-2 
PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES ............................. 2-5 
2-II.A. Overview ................................................................................................................. 2-5 
2-II.B. Definition of Reasonable Accommodation ............................................................. 2-5 
2-II.C. Request for an Accommodation .............................................................................. 2-7 
2-II.D. Verification of Disability ........................................................................................ 2-7 
2-II.E. Approval/Denial of A Requested Accommodation ................................................. 2-8 
2-II.F. Program Accessibility for Persons with Hearing or Vision Impairments ............... 2-9 
2-II.G. Physical Accessibility ........................................................................................... 2-10

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2-II.H. Denial or Termination of Assistance .................................................................... 2-10 
PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED 
ENGLISH PROFICIENCY (LEP) ..................................................................... 2-12 
2-III.A. Overview.............................................................................................................. 2-12 
2-III.B. Oral Interpretation [Federal Register, January 22, 2007, Final Guidance to 
Federal Financial Assistance Recipients Regarding Title VI, Prohibition 
Against National Origin Discrimination Affecting Limited English 
Proficient Persons; Notice, Section VI. 7.] ........................................................ 2-12 
2-III.C. Written Translation .............................................................................................. 2-14 
2-III.D. Implementation Plan ............................................................................................ 2-14 
EXHIBIT 2-1: Definition of a Person with a Disability Under Federal Civil Rights Laws  
[24 CFR Parts §8.3 and §100.201] ...................................................................... 2-16 
CHAPTER 3 ................................................................................................................................ 3-1 
ELIGIBILITY ......................................................................................................................... 3-1 
PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS ........................... 3-2 
3-I.A. Overview .................................................................................................................. 3-2 
3-I.B. Family and Household [24 CFR §5.105(a)(2), 24 CFR §5.403, FR Notice 
02/03/12, Notice PIH 2014-20] ............................................................................ 3-2 
3-I.C. Family Break-Up and Remaining Member of Tenant Family ................................. 3-3 
Family Break-up ........................................................................................................... 3-3 
Remaining Member of a Tenant Family [24 CFR §5.403] .......................................... 3-4 
3-I.D. Head of Household [24 CFR §5.504(b)] .................................................................. 3-4 
3-I.E. Spouse, Cohead, and Other Adult ............................................................................. 3-4 
3-I.F. Dependent [24 CFR §5.603] ..................................................................................... 3-5 
Joint Custody of Dependents ........................................................................................ 3-5 
3-I.G. Full-Time Student [24 CFR §5.603] ........................................................................ 3-5 
3-I.H. Elderly and Near-Elderly Persons, and Elderly Family ........................................... 3-5 
Elderly Persons ............................................................................................................. 3-5 
Near-Elderly Persons .................................................................................................... 3-6 
Elderly Family .............................................................................................................. 3-6 
3-I.I. Persons with Disabilities and Disabled Family [24 CFR §5.403] ............................. 3-6 
Persons with Disabilities .............................................................................................. 3-6 
Disabled Family ........................................................................................................... 3-6 
3-I.J. Guests [24 CFR §5.100] ............................................................................................ 3-6 
3-I.K. Foster Children and Foster Adults............................................................................ 3-8

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3-I.L. Absent Family Members ........................................................................................... 3-8 
Definitions of Temporarily and Permanently Absent .................................................. 3-8 
Absent Students ............................................................................................................ 3-8 
Absences Due to Placement in Foster Care [24 CFR §5.403] ..................................... 3-9 
Absent Head, Spouse, or Cohead ................................................................................. 3-9 
Individuals Confined for Medical Reasons .................................................................. 3-9 
Return of Permanently Absent Family Members ......................................................... 3-9 
3-I.M. Live-In Aide............................................................................................................. 3-9 
PART II: BASIC ELIGIBILITY CRITERIA ....................................................................... 3-12 
3-II.A. Income Eligibility and Targeting .......................................................................... 3-12 
Income Limits ............................................................................................................ 3-12 
Types of Low-Income Families [24 CFR §5.603(b)] ................................................ 3-12 
Using Income Limits for Eligibility [24 CFR §960.201] ........................................... 3-12 
Using Income Limits for Targeting [24 CFR §960.202(b)] ....................................... 3-12 
3-II.B. Citizenship or Eligible Immigration Status [24 CFR §5, Subpart E] .................... 3-13 
Declaration [24 CFR §5.508] ..................................................................................... 3-13 
U.S. Citizens and Nationals ........................................................................................ 3-13 
Eligible Noncitizens ................................................................................................... 3-14 
Ineligible Noncitizens ................................................................................................ 3-14 
Mixed Families ........................................................................................................... 3-14 
Ineligible Families [24 CFR §5.514(d), (e), and (f)] .................................................. 3-14 
Timeframe for Determination of Citizenship Status [24 CFR §5.508(g)] ................. 3-15 
3-II.C. Social Security Numbers [24 CFR §5.216 and §5.218], Notice PIH 2018-24] .... 3-15 
3-II.D. Family Consent to Release of Information [24 CFR §5.230] ............................... 3-16 
3-II.E. EIV SYSTEM SEARCHES [Notice PIH 2018-18; EIV FAQs; EIV System 
Training 9/30/20] ................................................................................................ 3-16 
Existing Tenant Search ............................................................................................... 3-16 
Debts Owed to PHAs and Terminations .................................................................... 3-17 
Income and IVT Reports ............................................................................................ 3-17 
PART III: DENIAL OF ADMISSION ................................................................................. 3-18 
3-III.A. Overview [PIH 2015-19] ..................................................................................... 3-18 
3-III.B. Required Denial of Admission [24 CFR §960.204] ............................................ 3-19 
3-III.C. Other Permitted Reasons for Denial of Admission .............................................. 3-20 
Criminal Activity [24 CFR §960.203 (b) and (c)] ..................................................... 3-20 
Previous Behavior [24 CFR §960.203(c) and (d) and PH Occ GB, p. 48; 
§5.851-§5.861] .......................................................................................... 3-22

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3-III.D. Screening [24 CFR §5.855; §5.858; §5.902; §5.903] .......................................... 3-23 
Screening for Eligibility ............................................................................................. 3-23 
Sex Offender Registration 24 CFR §960.204 (A)(4)  PIH Notice 2012-28 ............... 3-24 
Obtaining Information from Drug Treatment Facilities [24 CFR §960.205]............. 3-24 
Screening for Suitability as a Tenant [24 CFR §960.203(c); §5.851-§5.861] ........... 3-26 
Resources Used to Check Applicant Suitability [PH Occ. GB, pp. 47-56] ............... 3-26 
3-III.E. Criteria for Deciding to Deny Admission ............................................................ 3-27 
Consideration of Circumstances [24 CFR §960.203(c)(3) and (d)] ........................... 3-28 
Removal of a Family Member's Name from the Application .................................... 3-29 
Reasonable Accommodation [PH Occ GB, pp. 58-60] .............................................. 3-30 
3-III.F. Prohibition Against Denial of Assistance to Victims of Domestic Violence, 
Dating Violence, Sexual Assault, or Stalking .................................................... 3-30 
Notification ................................................................................................................. 3-30 
Documentation ........................................................................................................... 3-31 
Victim Documentation [24 CFR §5.2007] ................................................................. 3-31 
Perpetrator Documentation ........................................................................................ 3-31 
3-III.G. Notice of Eligibility or Denial ............................................................................. 3-31 
EXHIBIT 3-1: Detailed Definitions Related To Disabilities ................................................ 3-33 
CHAPTER 4 ................................................................................................................................ 4-1 
APPLICATIONS, WAITING LIST, AND TENANT SELECTION ..................................... 4-1 
PART I: THE APPLICATION PROCESS ............................................................................. 4-2 
4-I.A. Overview .................................................................................................................. 4-2 
4-I.B. Applying For Assistance .......................................................................................... 4-2 
4-I.C. Accessibility of the Application Process .................................................................. 4-2 
Elderly or Disabled Populations [24 CFR §8; PH Occ GB, p. 68] .............................. 4-3 
Limited English Proficiency (LEP) .............................................................................. 4-3 
4-I.D. Placement on the Waiting List ................................................................................. 4-3 
Eligible for Placement on the Waiting List .................................................................. 4-3 
PART II: MANAGING THE WAITING LIST ...................................................................... 4-5 
4-II.A. Overview ................................................................................................................. 4-5 
4-II.B. Organization of the Waiting List ............................................................................. 4-5 
4-II.C. Opening and Closing the Waiting List .................................................................... 4-6 
Closing the Waiting List .............................................................................................. 4-6 
Reopening the Waiting List .......................................................................................... 4-6 
4-II.D. Family Outreach [24 CFR §903.2(d); 24 CFR §903.7(a) and (b)] ......................... 4-7

5 
 
4-II.E. Reporting Changes in Family Circumstances ......................................................... 4-8 
4-II.F. Updating the Waiting List ....................................................................................... 4-8 
Purging the Waiting List .............................................................................................. 4-8 
Removal from the Waiting List .................................................................................... 4-9 
PART III: TENANT SELECTION ....................................................................................... 4-11 
4-III.A. Overview.............................................................................................................. 4-11 
4-III.B. Selection Method ................................................................................................. 4-11 
Local Preferences [24 CFR §960.206] ....................................................................... 4-11 
Income Targeting Requirement [24 CFR §960.202(b)] ............................................. 4-13 
Mixed Population Developments [24 CFR §960.407] ............................................... 4-13 
Units Designated for Elderly or Disabled Families [24 CFR §945] .......................... 4-14 
Deconcentration of Poverty and Income-Mixing [24 CFR §903.1 and §903.2] ........ 4-14 
Steps for Implementation [24 CFR §903.2(c)(1)] ...................................................... 4-15 
Order of Selection [24 CFR §960.206(e)] .................................................................. 4-16 
4-III.C. Notification of Selection ...................................................................................... 4-17 
4-III.D. The Application Interview ................................................................................... 4-18 
4-III.E. Final Eligibility Determination [24 CFR §960.208] ............................................ 4-19 
CHAPTER 5 ................................................................................................................................ 5-1 
OCCUPANCY STANDARDS AND UNIT OFFERS ........................................................... 5-1 
PART I: OCCUPANCY STANDARDS ................................................................................ 5-2 
5-I.A. Overview .................................................................................................................. 5-2 
5-I.B. Determining Unit Size .............................................................................................. 5-2 
5-I.C. Exceptions to Occupancy Standards ......................................................................... 5-3 
Types of Exceptions ..................................................................................................... 5-3 
Processing of Exceptions ............................................................................................. 5-4 
PART II: UNIT OFFERS [24 CFR §1.4(b)(2)(ii); 24 CFR §960.208] .................................. 5-5 
5-II.A. Overview ................................................................................................................. 5-5 
5-II.B. Number of Offers .................................................................................................... 5-5 
5-II.C. Time Limit for Unit Offer Acceptance or Refusal .................................................. 5-5 
5-II.D. Refusals of Unit Offers ........................................................................................... 5-6 
Good Cause for Unit Refusal ....................................................................................... 5-6 
Unit Refusal Without Good Cause ............................................................................... 5-6 
5-II.E. Accessible Units [24 CFR §8.27] ............................................................................ 5-7

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5-II.F. Designated Housing ................................................................................................. 5-7 
CHAPTER 6 ................................................................................................................................ 6-8 
INCOME AND RENT DETERMINATIONS........................................................................ 6-8 
PART I: ANNUAL INCOME ................................................................................................ 6-9 
6-I.A. Overview .................................................................................................................. 6-9 
6-I.B. Household Composition and Income ....................................................................... 6-9 
Temporarily Absent Family Members ....................................................................... 6-10 
Absent Students .......................................................................................................... 6-10 
Absences Due to Placement in Foster Care ............................................................... 6-10 
Absent Head, Spouse, or Cohead ............................................................................... 6-11 
Individuals Confined for Medical Reasons ................................................................ 6-11 
Joint Custody of Children .......................................................................................... 6-11 
Caretakers for a Child ................................................................................................ 6-11 
6-I.C. Anticipating Annual Income .................................................................................. 6-12 
Basis of Annual Income Projection ............................................................................ 6-12 
Known Changes in Income ........................................................................................ 6-13 
Projecting Income ...................................................................................................... 6-14 
6-I.D. Earned Income ........................................................................................................ 6-14 
Types of Earned Income Included in Annual Income ................................................ 6-14 
Some Types of Military Pay ....................................................................................... 6-14 
Types of Earned Income Not Counted in Annual Income ......................................... 6-15 
Temporary, Nonrecurring, or Sporadic Income [24 CFR §5.609(c)(9)] .................... 6-15 
Children’s Earnings [24 CFR §5.609(c)(1)] .............................................................. 6-15 
Certain Earned Income of Full-Time Students........................................................... 6-15 
Income of a Live-in Aide ........................................................................................... 6-15 
Income Earned under Certain Federal Programs [24 CFR §5.609(c)(17)] ................ 6-15 
Resident Service Stipend [24 CFR §5.600(c)(8)(iv)] ................................................. 6-16 
State and Local Employment Training Program ........................................................ 6-16 
HUD-Funded Training Programs ............................................................................... 6-17 
Earned Income Tax Credit. ........................................................................................ 6-17 
Earned Income Disallowance. .................................................................................... 6-17 
6-I.E. Earned Income Disallowance [24 CFR §960.255, 24 CFR §5.617; 
Streamlining Final Rule (SFR) Federal Register 3/8/16, , 3/8/2016 
(HOTMA)] ......................................................................................................... 6-17 
Calculation of the Disallowance................................................................................. 6-18 
Calculation Method .................................................................................................... 6-18

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Initial 12-Month Exclusion ........................................................................................ 6-18 
Second 12-Month Exclusion ...................................................................................... 6-19 
Lifetime Limitation .................................................................................................... 6-19 
Individual Savings Accounts [24 CFR §960.255(d)] ................................................. 6-19 
6-I.F. Business Income [24 CFR §5.609(b)(2)] ................................................................ 6-20 
Business Expenses ...................................................................................................... 6-20 
Business Expansion .................................................................................................... 6-20 
Capital Indebtedness .................................................................................................. 6-21 
Negative Business Income ......................................................................................... 6-21 
Withdrawal of Cash or Assets from a Business ......................................................... 6-21 
Co-owned Businesses ................................................................................................. 6-21 
6-I.G. Assets [24 CFR §5.609(b)(3) and 24 CFR §5.603(b)] ........................................... 6-21 
General Policies .......................................................................................................... 6-22 
Income from Assets .................................................................................................... 6-22 
Valuing Assets ............................................................................................................ 6-22 
Lump-Sum Receipts ................................................................................................... 6-23 
Imputing Income from Assets [24 CFR §5.609(b)(3), Notice PIH 2012-29] ............ 6-23 
Determining Actual Anticipated Income from Assets ............................................... 6-23 
Withdrawal of Cash or Liquidation of Investments ................................................... 6-23 
Jointly Owned Assets ................................................................................................. 6-24 
Assets Disposed Of for Less than Fair Market Value [24 CFR §5.603(b)] ............... 6-24 
Minimum Threshold ................................................................................................... 6-24 
Separation or Divorce ................................................................................................. 6-24 
Foreclosure or Bankruptcy ......................................................................................... 6-25 
Family Declaration ..................................................................................................... 6-25 
Types of Assets .......................................................................................................... 6-25 
Investment Accounts Such as Stocks, Bonds, Saving Certificates, and Money 
Market Funds ............................................................................................ 6-26 
Equity in Real Property or Other Capital Investments ............................................... 6-26 
Revocable Trusts ........................................................................................................ 6-27 
Non-revocable Trusts ................................................................................................. 6-27 
Company Retirement/Pension Accounts .................................................................... 6-27 
IRA, Keogh, and Similar Retirement Savings Accounts ........................................... 6-28 
Personal Property ....................................................................................................... 6-28 
Life Insurance ............................................................................................................. 6-28 
6-I.H. Periodic Payments .................................................................................................. 6-28 
Periodic Payments Included in Annual Income ......................................................... 6-28 
Lump-Sum Payments for the Delayed Start of a Periodic Payment .......................... 6-29

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Treatment of Overpayment Deductions from Social Security Benefits ..................... 6-29 
Periodic Payments Excluded from Annual Income ................................................... 6-29 
6-I.I. Payments in Lieu of Earnings .................................................................................. 6-30 
6-I.J. Welfare Assistance .................................................................................................. 6-30 
Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR §5.615] ............ 6-30 
Covered Families ........................................................................................................ 6-31 
Imputed Income .......................................................................................................... 6-31 
6-I.K. Periodic and Determinable Allowances [24 CFR §5.609(b)(7)] ............................ 6-31 
Alimony and Child Support ....................................................................................... 6-31 
Regular Contributions or Gifts ................................................................................... 6-32 
6-I.L. Additional Exclusions from Annual Income .......................................................... 6-32 
PART II: ADJUSTED INCOME .......................................................................................... 6-36 
6-II.A. Introduction ........................................................................................................... 6-36 
Anticipating Expenses ................................................................................................ 6-36 
6-II.B. Dependent Deduction ............................................................................................ 6-37 
6-II.C. Elderly or Disabled Family Deduction .................................................................. 6-37 
6-II.D. Medical Expenses Deduction [24 CFR §5.611(a)(3)(i)] ....................................... 6-37 
Definition of Medical Expenses ................................................................................. 6-37 
Families that Qualify for Both Medical and Disability Assistance Expenses ............ 6-38 
6-II.E. Disability Assistance Expenses Deduction [24 CFR §5.603(b) and 24 CFR 
§5.611(a)(3)(ii)] .................................................................................................. 6-38 
Earned Income Limit on the Disability Assistance Expense Deduction .................... 6-39 
Eligibility Disability Expenses ................................................................................... 6-39 
Eligible Auxiliary Apparatus ..................................................................................... 6-39 
Eligible Attendant Care .............................................................................................. 6-40 
Payments to Family Members .................................................................................... 6-40 
Necessary and Reasonable Expenses ......................................................................... 6-40 
Families that Qualify for Both Medical and Disability Assistance Expenses ............ 6-40 
6-II.F. Child Care Expense Deduction .............................................................................. 6-41 
Qualifying for the Deduction ..................................................................................... 6-41 
Determining Who is Enabled to Pursue an Eligible Activity ..................................... 6-41 
Seeking Work ............................................................................................................. 6-41 
Furthering Education .................................................................................................. 6-42 
Being Gainfully Employed ......................................................................................... 6-42 
Earned Income Limit on Child Care Expense Deduction .......................................... 6-42 
Eligible Child Care Expense ...................................................................................... 6-43

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Allowable Child Care Activities ................................................................................ 6-43 
Necessary and Reasonable Costs ............................................................................... 6-43 
6-II.G. Permissive Deductions [24 CFR §5.611(b)(1)] .................................................... 6-44 
PART III: CALCULATING RENT ..................................................................................... 6-45 
6-III.A. Overview of Income-Based Rent Calculations.................................................... 6-45 
TTP Formula [24 CFR §5.628] .................................................................................. 6-45 
Welfare Rent [24 CFR §5.628] .................................................................................. 6-45 
Minimum Rent [24 CFR §5.630] ............................................................................... 6-45 
Optional Changes to Income-Based Rents [24 CFR §960.253(c)(2) and PH Occ 
GB, pp. 131-134] ...................................................................................... 6-45 
Ceiling Rents / Flat Rents  [24 CFR §960.253(c)(2) and (d)] .................................... 6-46 
Utility Reimbursement [24 CFR §960.253(c)(3)] ...................................................... 6-46 
Partial Month Calculations ......................................................................................... 6-46 
6-III.B. Financial Hardships Affecting Minimum Rent [24 CFR §5.630] ....................... 6-47 
HUD-Defined Financial Hardship ............................................................................. 6-47 
Implementation of Hardship Exemption .................................................................... 6-48 
Determination of Hardship ......................................................................................... 6-48 
No Financial Hardship ............................................................................................... 6-49 
Temporary Hardship .................................................................................................. 6-49 
Long-Term Hardship .................................................................................................. 6-49 
6-III.C. Utility Allowances [24 CFR§ 965, Subpart E] .................................................... 6-50 
Reasonable Accommodation [24 CFR §8] ................................................................. 6-50 
Utility Allowance Revisions [24 CFR§ 965.507] ...................................................... 6-50 
6-III.D. Prorated Rent for Mixed Families [24 CFR §5.520] ........................................... 6-51 
6-III.E. Flat Rents and Family Choice In Rents [24 CFR §960.253; PIH 2021-27] ........ 6-51 
Flat Rents [24 CFR §960.253(b)] ............................................................................... 6-51 
Annual Review of Rent Options (Family Choice) [24 CFR §960.253(a); 
§960.253(e); §960.253(f) ] ........................................................................ 6-51 
Initial Occupancy ....................................................................................................... 6-52 
Second and Third Annual Reexaminations – Flat Rents ............................................ 6-52 
Switching from Flat Rent to Income-Based Rent Due to Hardship [24 CFR 
§960.253(g)].............................................................................................. 6-53 
Phasing In Flat Rents [Notice PIH 2021-27; 24 CFR §960.253(b)] .......................... 6-54 
Flat Rents and Earned Income Disallowance [A&O FAQs] ...................................... 6-55 
EXHIBIT 6-2: Annual Income Exclusions ........................................................................... 6-59 
EXHIBIT 6-3: Treatment of Family Assets .......................................................................... 6-61 
EXHIBIT 6-4: Earned Income Disallowance ......................................................................... 6-2

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EXHIBIT 6-5: The Effect of Welfare Benefit Reduction ..................................................... 6-52 
CHAPTER 7 ................................................................................................................................ 7-1 
VERIFICATION [24 CFR §960.259, 24 CFR §5.230 Notice PIH 2018-18] ........................ 7-1 
PART I: GENERAL VERIFICATION REQUIREMENTS .................................................. 7-2 
7-I.A. Family Consent to Release of Information [24 CFR §960.259, 24 CFR 
§5.230] .................................................................................................................. 7-2 
Consent Forms .............................................................................................................. 7-2 
Penalties for Failing to Consent [24 CFR §5.232] ....................................................... 7-2 
7-I.B. Overview of Verification Requirements................................................................... 7-2 
HUD’s Verification Hierarchy [Notice PIH 2018-18] ................................................. 7-2 
Requirements for Acceptable Documents .................................................................... 7-3 
File Documentation ...................................................................................................... 7-4 
7-I.C. Up-Front Income Verification (UIV) ....................................................................... 7-4 
Upfront Income Verification Using HUD’s Enterprise Income Verification 
(EIV) System (Mandatory) ......................................................................... 7-5 
EIV Income and IVT Reports ...................................................................................... 7-5 
EIV Identity Verification ............................................................................................. 7-5 
Upfront Income Verification Using Non-HUD Systems (Optional)............................ 7-6 
7-I.D. Third-Party Written and Oral Verification ............................................................... 7-6 
Written Third-Party Verification [Notice PIH 2018-18] .............................................. 7-6 
Written Third-Party Verification Form ........................................................................ 7-7 
Oral Third-Party Verification [Notice PIH 2018-18] ................................................... 7-7 
When Third-Party Verification is Not Required [Notice PIH 2018-18] ...................... 7-8 
Primary Documents ...................................................................................................... 7-8 
Value of Assets and Asset Income [24 CFR §960.259] ............................................... 7-8 
7-I.E. Self-Certification ...................................................................................................... 7-9 
PART II: VERIFYING FAMILY INFORMATION ............................................................ 7-10 
7-II.A. Verification of Legal Identity ............................................................................... 7-10 
7-II.B. Social Security Numbers [24 CFR §5.216 and Notice PIH 2018-24] .................. 7-10 
7-II.C. Documentation of Age .......................................................................................... 7-12 
7-II.D. Family Relationships............................................................................................. 7-12 
Separation or Divorce ................................................................................................. 7-13 
Absence of Adult Member ......................................................................................... 7-13 
Foster Children and Foster Adults ............................................................................. 7-13 
7-II.E. Verification of Student Status ............................................................................... 7-13

11 
 
7-II.F. Documentation of Disability .................................................................................. 7-14 
Family Members Receiving SSA Disability Benefits ................................................ 7-14 
Family Members Not Receiving SSA Disability Benefits ......................................... 7-15 
7-II.G. Citizenship or Eligible Immigration Status [24 CFR §5.508] ........................ 7-15 
U.S. Citizens and Nationals ........................................................................................ 7-15 
Eligible Immigrants .................................................................................................... 7-15 
PHA Verification [HCV GB, pp 5-3 and 5-7] ........................................................... 7-16 
7-II.H. Verification of Preference Status .......................................................................... 7-16 
PART III: VERIFYING INCOME AND ASSETS .............................................................. 7-19 
7-III.A. Earned Income ..................................................................................................... 7-19 
7-III.B. Business and Self Employment Income .............................................................. 7-19 
7-III.C. Periodic Payments and Payments In Lieu of Earnings ........................................ 7-20 
Social Security/SSI Benefits ...................................................................................... 7-20 
7-III.D. Alimony or Child Support ................................................................................... 7-20 
7-III.E. Assets and Income from Assets ........................................................................... 7-21 
Assets Disposed of for Less than Fair Market Value ................................................. 7-21 
7-III.F. Net Income from Rental Property ........................................................................ 7-22 
7-III.G. Retirement Accounts ........................................................................................... 7-22 
7-III.H. Income from Excluded Sources ........................................................................... 7-22 
7-III.I. Zero Annual Income Status ................................................................................... 7-23 
PART IV: VERIFYING MANDATORY DEDUCTIONS .................................................. 7-24 
7-IV.A. Dependent and Elderly/Disabled Household Deductions ................................... 7-24 
Dependent Deduction ................................................................................................. 7-24 
Elderly/Disabled Family Deduction ........................................................................... 7-24 
7-IV.B. Medical Expense Deduction ................................................................................ 7-24 
Amount of Expense .................................................................................................... 7-24 
Eligible Household ..................................................................................................... 7-25 
Qualified Expenses ..................................................................................................... 7-25 
Unreimbursed Expenses ............................................................................................. 7-25 
Expenses Incurred in Past Years ................................................................................ 7-25 
7-IV.C. Disability Assistance Expenses ........................................................................... 7-25 
Amount of Expense .................................................................................................... 7-26 
Attendant Care ............................................................................................................ 7-26 
Auxiliary Apparatus ................................................................................................... 7-26 
Family Member is a Person with Disabilities ............................................................ 7-26

12 
 
Family Member(s) Permitted to Work ....................................................................... 7-27 
Unreimbursed Expenses ............................................................................................. 7-27 
7-IV.D. Child Care Expenses............................................................................................ 7-27 
Eligible Child ............................................................................................................. 7-27 
Unreimbursed Expense .............................................................................................. 7-28 
Pursuing an Eligible Activity ..................................................................................... 7-28 
Allowable Type of Child Care ................................................................................... 7-29 
Reasonableness of Expenses ...................................................................................... 7-29 
EXHIBIT 7-1: Summary of Documentation Requirements for Noncitizens  [HCV GB, 
pp. 5-9 and 5-10] ................................................................................................. 7-30 
CHAPTER 8 ................................................................................................................................ 8-1 
LEASING AND INSPECTIONS [24 CFR §5, Subpart G; 24 CFR §966, Subpart A] .......... 8-1 
PART I: LEASING ................................................................................................................. 8-2 
8-I.A. Overview .................................................................................................................. 8-2 
8-I.B. Lease Orientation ...................................................................................................... 8-2 
Orientation Agenda ...................................................................................................... 8-2 
8-I.C. Execution of Lease ................................................................................................... 8-3 
8-I.D. Modifications to the Lease ....................................................................................... 8-3 
Modifications to the Lease Form ................................................................................. 8-4 
Other Modifications ..................................................................................................... 8-4 
8-I.E. Security Deposits [24 CFR §966.4(b)(5)]................................................................. 8-5 
8-I.F. Payments Under The Lease....................................................................................... 8-6 
Rent Payments [24 CFR §966.4(b)(1)] ........................................................................ 8-6 
Late Fees and Nonpayment [Notice PIH 2021-29] ...................................................... 8-6 
Excess Utility Charges ................................................................................................. 8-7 
Maintenance and Damage Charges .............................................................................. 8-8 
8-I.G. Minimum Heating Standards (PIH Notice 2018-19) ............................................... 8-9 
PART II: INSPECTIONS ..................................................................................................... 8-11 
8-II.A. Overview ............................................................................................................... 8-11 
8-II.B. Types of Inspections.............................................................................................. 8-11 
Move-In Inspections [24 CFR §966.4(i)] ................................................................... 8-11 
Move-Out Inspections [24 CFR §966.4(i)] ................................................................ 8-11 
Annual Inspections [24 CFR §5.705] ......................................................................... 8-11 
Quality Control Inspections ....................................................................................... 8-12 
Special Inspections ..................................................................................................... 8-12

13 
 
8-II.C. Notice and Scheduling of Inspections ................................................................... 8-12 
Notice of Entry ........................................................................................................... 8-12 
Non-emergency Entries [24 CFR §966.4(j)(1)] ......................................................... 8-12 
Emergency Entries [24 CFR §966.4(j)(2)] ................................................................. 8-13 
Scheduling of Inspections .......................................................................................... 8-13 
Attendance at Inspections ........................................................................................... 8-13 
8-II.D. Inspection Results ................................................................................................. 8-13 
Emergency Repairs [24 CFR §966.4(h)] .................................................................... 8-14 
Non-emergency Repairs ............................................................................................. 8-14 
Resident-Caused Damages ......................................................................................... 8-15 
Housekeeping ............................................................................................................. 8-15 
EXHIBIT 8-1: Smoke-Free Policy ........................................................................................ 8-16 
CHAPTER 9 ................................................................................................................................ 9-1 
REEXAMINATIONS ............................................................................................................. 9-1 
PART I: ANNUAL REEXAMINATIONS FOR FAMILIES  PAYING INCOME 
BASED RENTS; [24 CFR §960.257] .................................................................. 9-2 
9-I.A. Overview .................................................................................................................. 9-2 
9-I.B. Streamlined Annual Reexaminations (Fixed Income) [24 CFR §960.257] ............. 9-2 
9-I.C. Scheduling Annual Reexaminations [PIH 2020-32] ................................................ 9-3 
9-I.D. Conducting Annual Reexaminations [PIH 2020-32] ............................................... 9-4 
Change in Unit Size ...................................................................................................... 9-5 
Criminal Background Checks [PIH Notice 2012-28] .................................................. 9-5 
Compliance with Community Service ......................................................................... 9-6 
9-I.E. Effective Dates of Rent Increases and Decreases ..................................................... 9-6 
PART II: REEXAMINATIONS FOR FAMILIES PAYING FLAT RENTS [24 CFR 
§960.257(2)] ......................................................................................................... 9-8 
9-II.A. Overview ................................................................................................................. 9-8 
9-II.B. Full Reexamination of Family Income and Composition ....................................... 9-8 
Frequency of Reexamination ....................................................................................... 9-8 
Reexamination Policies ................................................................................................ 9-8 
9-II.C. Reexamination of Family Composition (“Annual Update”) ................................... 9-8 
Scheduling .................................................................................................................... 9-9 
Conducting Annual Updates ........................................................................................ 9-9 
Change in Unit Size ...................................................................................................... 9-9 
Criminal Background Checks [PIH Notice 2012-28] ................................................ 9-10

14 
 
Compliance with Community Service ....................................................................... 9-10 
PART III: INTERIM REEXAMINATIONS [24 CFR §960.257; 24 CFR §966.4] ............. 9-11 
9-III.A. Overview.............................................................................................................. 9-11 
9-III.B. Changes in Family and Household Composition................................................. 9-11 
New Family Members Not Requiring Approval ........................................................ 9-12 
New Family and Household Members Requiring Approval  [24 CFR §966.4]......... 9-12 
Departure of a Family or Household Member ........................................................... 9-13 
9-III.C. Changes Affecting Income or Expenses .............................................................. 9-13 
PHA-initiated Interim Reexaminations ...................................................................... 9-13 
Family-Initiated Interim Reexaminations .................................................................. 9-14 
Required Reporting .................................................................................................... 9-14 
Optional Reporting ..................................................................................................... 9-15 
9-III.D. Processing the Interim Reexamination ................................................................ 9-15 
Method of Reporting .................................................................................................. 9-15 
Effective Dates ........................................................................................................... 9-16 
PART IV: RECALCULATING TENANT RENT ............................................................... 9-17 
9-IV.A. Overview ............................................................................................................. 9-17 
9-IV.B. Changes in Utility Allowances [24 CFR §965.507, 24 CFR §966.4] ................. 9-17 
9-IV.C. Notification of New Tenant Rent ........................................................................ 9-17 
9-IV.D. Discrepancies ....................................................................................................... 9-17 
CHAPTER 10 ............................................................................................................................ 10-1 
PETS [24 CFR §5, Subpart C; 24 CFR §960, Subpart G] .................................................... 10-1 
PART I: ASSISTANCE ANIMALS [Section 504; Fair Housing Act (42 U.S.C.); 24 
CFR §5.30324 CFR §960.705] ........................................................................... 10-2 
10-I.A. Overview .............................................................................................................. 10-2 
10-I.B. Approval of Assistance Animals [Notice FHEO 2020-01] .................................. 10-2 
Service Animals ......................................................................................................... 10-2 
Support Animals (Assistance Animals other than Service Animals) ......................... 10-3 
General Considerations .............................................................................................. 10-4 
10-I.C. Care and Handling ................................................................................................ 10-5 
PART II: PET POLICIES FOR ALL DEVELOPMENTS [24 CFR 5, Subpart C; 24 
CFR 960, Subpart G] .......................................................................................... 10-6 
10-II.A. Overview ............................................................................................................. 10-6 
10-II.B. Management Approval of Pets ............................................................................ 10-6

15 
 
Registration of Pets .................................................................................................... 10-6 
Refusal to Register Pets .............................................................................................. 10-6 
Pet Agreement ............................................................................................................ 10-7 
10-II.C. Standards for Pets [24 CFR §5.318; §960.707(b)] .............................................. 10-7 
Definition of “Common Household Pet” ................................................................... 10-8 
Pet Restrictions ........................................................................................................... 10-8 
Number of Pets ........................................................................................................... 10-8 
10-II.D. Pet Rules ............................................................................................................. 10-9 
Pet Area Restrictions .................................................................................................. 10-9 
Designated Pet/No-Pet Areas [24 CFR §5.318(g), PH Occ GB, p. 182] ................... 10-9 
Cleanliness ............................................................................................................... 10-10 
Alterations to Unit .................................................................................................... 10-10 
Responsible Parties .................................................................................................. 10-11 
Pets Temporarily on the Premises ............................................................................ 10-11 
Pet Rule Violations ................................................................................................... 10-11 
Pet Removal ............................................................................................................. 10-11 
Termination of Tenancy ........................................................................................... 10-12 
Emergencies ............................................................................................................. 10-12 
PART III: PET DEPOSITS AND FEES IN ELDERLY/DISABLED 
DEVELOPMENTS .......................................................................................... 10-13 
10-III.A. Overview.......................................................................................................... 10-13 
10-III.B. Pet Deposits ..................................................................................................... 10-13 
Payment of Deposit .................................................................................................. 10-13 
Refund of Deposit [24 CFR §5.318(d)(1)] ............................................................... 10-13 
10-III.C. Other Charges .................................................................................................. 10-14 
Pet-Related Damages During Occupancy ................................................................ 10-14 
PART IV: PET DEPOSITS AND FEES IN  GENERAL OCCUPANCY 
DEVELOPMENTS .......................................................................................... 10-15 
10-IV.A. Overview ......................................................................................................... 10-15 
10-IV.B. Pet Deposits ..................................................................................................... 10-15 
Payment of Deposit .................................................................................................. 10-15 
Refund of Deposit .................................................................................................... 10-15 
10-IV.C. Non-Refundable Nominal Pet Fee ................................................................... 10-16 
10-IV.D. Other Charges .................................................................................................. 10-16 
Pet-Related Damages During Occupancy ................................................................ 10-16 
Pet Waste Removal Charge ...................................................................................... 10-17

16 
 
CHAPTER 11 ............................................................................................................................ 11-1 
COMMUNITY SERVICE .................................................................................................... 11-1 
PART I: COMMUNITY SERVICE REQUIREMENT ........................................................ 11-2 
11-I.A. Overview .............................................................................................................. 11-2 
11-I.B. Requirements ........................................................................................................ 11-2 
Definitions .................................................................................................................. 11-2 
Exempt Individual [24 CFR §960.601(b), Notice PIH 2015-12] ............................... 11-2 
Community Service [24 CFR §960.601(b), Notice PIH 2015-12] ............................ 11-3 
Economic Self-Sufficiency Program [24 CFR §5.603(b), Notice PIH 2015-12] ...... 11-4 
Work Activities [42 U.S.C. 607(d)] ........................................................................... 11-4 
Notification Requirements [24 CFR §960.605(c)(2), Notice PIH 2015-12, 
Notice PIH 2016-06] ................................................................................. 11-5 
11-I.C. Determination of Exemption Status and Compliance  [24 CFR 
§960.605(c)(3)] ................................................................................................... 11-5 
Annual Determination ................................................................................................ 11-6 
Determination of Exemption Status ........................................................................... 11-6 
Determination of Compliance .................................................................................... 11-6 
Change in Status between Annual Determinations .................................................... 11-6 
11-I.D. Documentation And Verification [24 CFR §960.605(c)(4)], §960.607, 
Notice PIH 2016-08] .......................................................................................... 11-8 
Documentation and Verification of Exemption Status .............................................. 11-8 
Documentation and Verification of Compliance ....................................................... 11-8 
11-I.E. Noncompliance ..................................................................................................... 11-9 
Noncompliant Residents ............................................................................................ 11-9 
Continued Noncompliance and Enforcement Documentation [24 CFR 
§960.607(b)]............................................................................................ 11-10 
PART II: IMPLEMENTATION OF COMMUNITY SERVICE ....................................... 11-12 
11-II.A. Overview ........................................................................................................... 11-12 
PHA Implementation of Community Service .......................................................... 11-12 
PHA Program Design ............................................................................................... 11-12 
EXHIBIT 11-1: Community Service and Self-Sufficiency Policy ..................................... 11-13 
EXHIBIT 11-2: Definition of a Person with a Disability Under  Social Security Acts 
216(i)(l) and Section 1416 (excerpt) for  Purposes of Exemption from 
Community Service ........................................................................................... 11-18 
EXHIBIT 11-3: PHA Determination of Exemption for Community Service ..................... 11-19 
EXHIBIT 11-4: CSSR Work-Out Agreement ..................................................................... 11-20 
Terms of CSSR Work-Out Agreement .................................................................... 11-21

17 
 
CHAPTER 12 ............................................................................................................................ 12-1 
TRANSFER POLICY ........................................................................................................... 12-1 
PART I EMERGENCY TRANSFERS ................................................................................. 12-2 
12-I.A. Overview .............................................................................................................. 12-2 
12-I.B. Emergency Transfers ............................................................................................ 12-2 
12-I.C. Emergency Transfer Procedures ........................................................................... 12-3 
12-I.D. Costs of Transfer .................................................................................................. 12-3 
PART II: PHA REQUIRED TRANSFERS .......................................................................... 12-4 
12-II.A. Overview ............................................................................................................. 12-4 
12-II.B. Types of PHA Required Transfers ...................................................................... 12-4 
Transfers to Make an Accessible Unit Available ....................................................... 12-4 
Occupancy Standards Transfers ................................................................................. 12-5 
Demolition, Disposition, Revitalizations, or Rehabilitation Transfers ...................... 12-5 
12-II.C. Adverse Action [24 CFR §966.4(e)(8)(i)]........................................................... 12-6 
12-II.D. Cost of Transfer .................................................................................................. 12-6 
PART III: TRANSFERS REQUESTED BY TENANTS ..................................................... 12-7 
12-III.A. Overview............................................................................................................ 12-7 
12-III.B. Types of Resident Requested Transfers ............................................................. 12-7 
12-III.C. Eligibility for Transfer ....................................................................................... 12-8 
12-III.D. Security Deposits ............................................................................................... 12-8 
12-III.E. Cost of Transfer .................................................................................................. 12-8 
12-III.F. Handling of Requests ......................................................................................... 12-9 
PART IV: TRANSFER PROCESSING ............................................................................. 12-10 
12-IV.A. Overview ......................................................................................................... 12-10 
12-IV.B. Transfer List..................................................................................................... 12-10 
12-IV.C. Transfer Offer Policy ....................................................................................... 12-11 
12-IV.D. Good Cause for Unit Refusal .......................................................................... 12-11 
12-IV.E. Deconcentration ............................................................................................... 12-11 
12-IV.F. Reexamination Policies for Transfers .............................................................. 12-12 
CHAPTER 13 ............................................................................................................................ 13-1 
LEASE TERMINATIONS ................................................................................................... 13-1 
PART I: TERMINATION BY TENANT ............................................................................. 13-3

18 
 
13-I.A. Tenant Chooses To Terminate The Lease [24 CFR §966.4(k)(1)(ii) and 24 
CFR §966.4(l)(1)] ............................................................................................... 13-3 
PART II: TERMINATION BY PHA – MANDATORY ..................................................... 13-4 
13-II.A. Overview ............................................................................................................. 13-4 
13-II.B. Failure to Provide Consent [24 CFR §960.259(a) and (b)] ................................. 13-4 
13-II.C. Failure To Document Citizenship [24 CFR §5.514(c) and (d) and 24 CFR 
§960.259(a)] ....................................................................................................... 13-4 
13-II.D. Failure To Disclose And Document Social Security Numbers [24 CFR 
§5.218(c), 24 CFR §960.259(a)(3), Notice PIH 2018-24] ................................. 13-4 
13-II.E. Failure To Accept The PHA’s Offer of A Lease Revision [24 CFR 
§966.4(l)(2)(ii)(E)] ............................................................................................. 13-5 
13-II.F. Methamphetamine Conviction [24 CFR §966.4(l)(5)(i)(A)]............................... 13-5 
13-II.G. Lifetime Registered Sex Offenders (PIH Notice 2012-28) ................................. 13-5 
13-II.H. Noncompliance With Community Service Requirements [24 CFR 
§966.4(l)(2)(ii)(D), 24 CFR §960.603(b) and 24 CFR §960.607(b)(2)(ii) 
and (c)] ............................................................................................................... 13-6 
13-II.I Death of a Sole Family Member [PIH Notice 2010-3; PIH Notice 2010-50] ....... 13-6 
PART III: TERMINATION BY PHA – OTHER AUTHORIZED REASONS ................... 13-8 
13-III.A. Overview............................................................................................................ 13-8 
13-III.B. Mandatory Lease Provisions [24 CFR §966.4(l)(5)] ......................................... 13-8 
Definitions [24 CFR §5.100] ...................................................................................... 13-8 
Drug Crime On or Off the Premises [24 CFR §966.4(l)(5)(i)(B)] ............................. 13-9 
Illegal Use of a Drug [24 CFR §966.4(l)(5)(i)(B)] .................................................. 13-10 
Threat to Other Residents [24 CFR §966.4(l)(5)(ii)(A)] .......................................... 13-11 
Alcohol Abuse [24 CFR §966.4(l)(5)(vi)(A)] .......................................................... 13-11 
Furnishing False or Misleading Information Concerning Illegal Drug Use or 
Alcohol Abuse or Rehabilitation [24 CFR §966.4(l)(5)(vi)(B)] ............. 13-12 
Other Serious or Repeated Violations of Material Terms of the Lease – 
Mandatory Lease Provisions [24 CFR §966.4(l)(2)(i) and 24 CFR 
§966.4(f)] ................................................................................................ 13-12 
13-III.C. Other Authorized Reasons For Termination [24 CFR §966.4(l)(2) and 
(5)(ii)(B); §5.851-§5.861] ................................................................................ 13-14 
Other Good Cause [24 CFR §966.4(l)(2)(ii)(B) and (C)] ........................................ 13-14 
Family Absence from Unit [24 CFR §982.551(i)] ................................................... 13-15 
Over-Income Families [24 CFR §960.261 and FR 7/26/2018; PIH Notice 2019-
11] ........................................................................................................... 13-16

19 
 
13-III.D. Alternatives to Termination of Tenancy for Criminal Activity or Alcohol 
Abuse ................................................................................................................ 13-18 
Exclusion of Culpable Household Member [24 CFR §966.4(l)(5)(vii)(C)] ............ 13-18 
Repayment of Family Debts ..................................................................................... 13-18 
13-III.E. Criteria for Deciding to Terminate Tenancy .................................................... 13-19 
Evidence [24 CFR §982.553(c)] .............................................................................. 13-19 
Consideration of Circumstances [24 CFR §966.4(l)(5)(vii)(B)] .............................. 13-19 
Consideration of Rehabilitation [24 CFR§ 966.4(l)(5)(vii)(D)] .............................. 13-21 
Reasonable Accommodation [24 CFR §966.7] ........................................................ 13-21 
Nondiscrimination Limitation [24 CFR §966.4(l)(5)(vii)(F)] .................................. 13-21 
13-III.F. Terminations Related To Domestic Violence, Dating Violence, Sexual 
Assault, Or Stalking ......................................................................................... 13-21 
VAWA Protections against Termination [24 CFR §5.2005(c)] ............................... 13-22 
Limitations on VAWA Protections [24 CFR §5.2005(d) and (e), FR Notice 
8/6/13] ..................................................................................................... 13-22 
Documentation of Abuse [24 CFR §5.2007] ........................................................... 13-23 
Terminating or Evicting a Perpetrator of Domestic Violence .................................. 13-23 
PART IV: NOTIFICATION REQUIREMENTS,  EVICTION PROCEDURES, AND 
RECORD KEEPING ........................................................................................ 13-25 
13-IV.A. Overview ......................................................................................................... 13-25 
13-IV.B. Conducting Criminal Records Checks [24 CFR §5.903(e)(ii) and 24 CFR 
§960.259] .......................................................................................................... 13-25 
13-IV.C. Disclosure of Criminal Records To Family [24 CFR §5.903(f), 24 CFR 
§5.905(d) and 24 CFR §966.4(l)(5)(iv)] .......................................................... 13-25 
13-IV.D. Lease Termination Notice [24 CFR §966.4(l)(3); PIH 2020-32] .................... 13-26 
Form, Delivery, and Content of the Notice [PIH 2020-32] ..................................... 13-26 
Timing of the Notice [24 CFR §966.4(l)(3)(i)] ........................................................ 13-27 
Notice of Nonrenewal Due to Community Service Noncompliance [24 CFR 
§966.4(l)(2)(ii) (D), 24 CFR §960.603(b) and 24 CFR §960.607(b)] .... 13-28 
Notice of Termination Based on Citizenship Status [24 CFR §5.514 (c) and (d)] .. 13-28 
13-IV.E. Eviction [24 CFR §966.4(l)(4) and §966.4(m)] ............................................... 13-28 
13-IV.F. Notification To Post Office [24 CFR §966.4(l)(5)(iii)(B)] .............................. 13-29 
13-IV.G. Record Keeping ............................................................................................... 13-29 
CHAPTER 14 ............................................................................................................................ 14-1 
GRIEVANCES AND APPEALS [24 CFR §966.54-§966.57 .............................................. 14-1 
Failure to Appear [24 CFR §966.56(c)] ..................................................................... 14-1

20 
 
PART I: INFORMAL HEARINGS FOR PUBLIC HOUSING APPLICANTS .................. 14-3 
[24 CFR 960.208(a) and PH Occ GB, p. 58] ........................................................................ 14-3 
14-I.A. Overview .............................................................................................................. 14-3 
Ensuring Accessibility for Persons with Disabilities and LEP Individuals ............... 14-3 
14-I.B. Informal Hearing Process [24 CFR §960.208(a); §966.53(a); PH Occ GB, p. 
58] ....................................................................................................................... 14-4 
Use of Informal Hearing Process ............................................................................... 14-4 
Notice of Denial [24 CFR §960.208(a); PIH 2020-32]] ............................................ 14-4 
Scheduling an Informal Hearing ................................................................................ 14-5 
Conducting an Informal Hearing [PH Occ GB, p. 58] ............................................... 14-5 
Remote Informal Hearings [PIH 2020-32; 24 CFR §960.208; 24 CFR §966.56] ..... 14-6 
Conducting Remote Informal Hearings [PIH 2020-32; 28 CFR §35.104] ................ 14-6 
Informal Hearing Decision [PH Occ GB, p. 58] ........................................................ 14-8 
Reasonable Accommodation for Persons with Disabilities [24 CFR §966.7] ........... 14-9 
PART II: INFORMAL HEARINGS WITH REGARD TO NONCITIZENS .................... 14-10 
14-II.A. Hearing and Appeal Provisions for Noncitizens [24 CFR §5.514]................... 14-10 
Notice of Denial or Termination of Assistance [24 CFR §5.514(d)] ....................... 14-10 
United States Citizenship and Immigration Services Appeal Process [24 CFR 
§5.514(e)] ................................................................................................ 14-10 
Informal Hearing Procedures for Applicants [24 CFR §5.514(f)] ........................... 14-11 
Informal Hearing Officer [24 CFR §966.4(n)(2); §966.53(e), PIH 2016-05 ........... 14-11 
Representation and Interpretive Services ................................................................. 14-12 
Recording of the Hearing ......................................................................................... 14-12 
Hearing Decision ...................................................................................................... 14-12 
Retention of Documents [24 CFR 5.514(h)] ............................................................ 14-13 
Informal Hearing Procedures for Residents [24 CFR §5.514(f)] ............................. 14-13 
PART III: GRIEVANCE PROCEDURES FOR PUBLIC HOUSING RESIDENTS ........ 14-14 
14-III.A. Requirements [24 CFR §966.52] ..................................................................... 14-14 
14-III.B. Definitions [24 CFR §966.53; 24 CFR §966.51(a)(2)(i)] ................................ 14-14 
14-III.C. Applicability [24 CFR §966.51] ...................................................................... 14-15 
Ensuring Accessibility for Persons with Disabilities and LEP Individuals ............. 14-16 
14-III.D. Informal Settlement of Grievance [24 CFR §966.54] [See local procedure, 
“Grievance Policy and Flowchart” for details] ................................................ 14-17 
14-III.E. Procedures to Obtain a Hearing After the Informal Settlement Meeting [24 
CFR §966.56(a)] ............................................................................................... 14-18 
Requests for Hearing and Failure to Request [24 CFR §966.56(a), (c)] .................. 14-18

21 
 
14-III.F. Selection of Hearing Officer/Panel  [24 CFR §966.4(n)(2); §966.53(e), 
PIH 2016-05 ..................................................................................................... 14-19 
14-III.G. REMOTE HEARINGS  [PIH 2020-32] .......................................................... 14-19 
Discovery of Documents Before the Remote Hearing [PIH 2020-32] .................... 14-20 
Conducting Remote Grievance Hearings [PIH 2020-32; 28 CFR §35.104] ............ 14-20 
14-III.H. Procedures Governing The Hearing [24 CFR §966.56] .................................. 14-21 
Rights of Complainant [24 CFR §966.56(b)] ........................................................... 14-21 
General Procedures [24 CFR §966.56(b), (d), (e), and (f)] ...................................... 14-22 
Accommodations of Persons with Disabilities [24 CFR §966.56(f)] ...................... 14-23 
Limited English Proficiency (LEP) (24 CFR §966.56(g) ........................................ 14-24 
14-III.I. Decision of the Hearing Officer/Panel [24 CFR §966.57] ................................ 14-24 
Procedures for Further Hearing ................................................................................ 14-25 
Final Decision [24 CFR §966.57(b)] ........................................................................ 14-25 
CHAPTER 15 ............................................................................................................................ 15-1 
PROGRAM INTEGRITY ..................................................................................................... 15-1 
PART I: PREVENTING, DETECTING, AND  INVESTIGATING ERRORS AND 
PROGRAM ABUSE .......................................................................................... 15-2 
15-I.A. Preventing Errors and Program Abuse ................................................................. 15-2 
15-I.B. Detecting Errors and Program Abuse ................................................................... 15-3 
Quality Control and Analysis of Data ........................................................................ 15-3 
Independent Audits and HUD Monitoring ................................................................. 15-3 
Individual Reporting of Possible Errors and Program Abuse .................................... 15-4 
15-I.C. Investigating Errors and Program Abuse.............................................................. 15-4 
When the PHA Will Investigate ................................................................................. 15-4 
Consent to Release of Information [24 CFR §960.259] ............................................. 15-4 
Analysis and Findings ................................................................................................ 15-4 
Consideration of Remedies ........................................................................................ 15-5 
Notice and Appeals .................................................................................................... 15-5 
PART II: CORRECTIVE MEASURES AND PENALTIES ............................................... 15-6 
15-II.A. Under- Or Overpayment ..................................................................................... 15-6 
Corrections ................................................................................................................. 15-6 
Reimbursement ........................................................................................................... 15-6 
15-II.B. Family-Caused Errors and Program Abuse ......................................................... 15-6 
Family Reimbursement to PHA ................................................................................. 15-6 
PHA Reimbursement to Family ................................................................................. 15-7

22 
 
Prohibited Actions ...................................................................................................... 15-7 
Penalties for Program Abuse ...................................................................................... 15-7 
15-II.C. PHA-Caused Errors or Program Abuse .............................................................. 15-8 
Repayment to the PHA ............................................................................................... 15-8 
PHA Reimbursement to Family ................................................................................. 15-8 
Prohibited Activities ................................................................................................... 15-8 
15-II.D. Criminal Prosecution........................................................................................... 15-9 
15-II.E. Fraud and Program Abuse Recoveries ................................................................ 15-9 
CHAPTER 16 ............................................................................................................................ 16-1 
PROGRAM ADMINISTRATION ....................................................................................... 16-1 
PART I: SETTING UTILITY ALLOWANCES [24 CFR §965 Subpart E] ........................ 16-2 
16-I.A. Overview .............................................................................................................. 16-2 
16-I.B Utility Allowances ................................................................................................. 16-2 
Utility Allowance Revisions [24 CFR §965.507] ...................................................... 16-3 
16-I.C. Surcharges for PHA-Furnished Utilities [24 CFR §965.506] .............................. 16-4 
16-I.D. Notice Requirements [24 CFR §965.502] ............................................................ 16-4 
16-I.E. Reasonable Accommodation [24 CFR §965.508] ................................................ 16-4 
PART II: ESTABLISHING FLAT RENTS ......................................................................... 16-6 
16-II.A. Overview ............................................................................................................. 16-6 
16-II.B. Flat Rents [24 CFR §960.253(b) and Notice PIH 2021-27] ............................... 16-6 
Establishing Flat Rents ............................................................................................... 16-6 
Exception Flat Rents .................................................................................................. 16-7 
HUD will not approve extension requests that include changes or additions to 
previously approved exception flat rents. FMR’s and Utility 
Payments [PIH 2021-27]........................................................................... 16-7 
Flat Rent Policies ....................................................................................................... 16-8 
Flat Rent Increase Phase-In Requirements ................................................................. 16-9 
Posting of Flat Rents ................................................................................................ 16-11 
Documentation of Flat Rents [24 CFR §960.253(b)(5)] .......................................... 16-11 
PART III: FAMILY DEBTS TO THE PHA ...................................................................... 16-12 
16-III.A. Overview.......................................................................................................... 16-12 
16-III.B. Repayment Policy ............................................................................................ 16-12 
Family Debts to the PHA ......................................................................................... 16-12 
General Repayment Agreement Guidelines ............................................................. 16-12

23 
 
Payment Thresholds ................................................................................................. 16-12 
Execution of the Agreement ..................................................................................... 16-13 
Late or Missed Payments ......................................................................................... 16-13 
No Offer of Repayment Agreement ......................................................................... 16-13 
Repayment Agreements Involving Improper Payments .......................................... 16-14 
PART IV: PUBLIC HOUSING ASSESSMENT SYSTEM (PHAS) ................................. 16-15 
16-IV.A. Overview ......................................................................................................... 16-15 
16-IV.B. PHAS Indicators [24 CFR §902 Subparts A, B, C, D, and E]......................... 16-15 
16-IV.C. PHAS Scoring [24 CFR 902 Subpart F] .......................................................... 16-16 
PART V: RECORD KEEPING .......................................................................................... 16-18 
16-V.A. Overview ........................................................................................................... 16-18 
16-V.B. Record Retention............................................................................................... 16-18 
16-V.C. Records Management and Safeguarding Sensitive Personally Identifiable 
Information [PIH 2014-10] .............................................................................. 16-19 
Privacy Act Requirements [24 CFR 5.212 and Form-9886] .................................... 16-20 
Upfront Income Verification (UIV) Records ........................................................... 16-20 
Criminal Records ...................................................................................................... 16-21 
Medical/Disability Records ...................................................................................... 16-21 
Domestic Violence, Dating Violence, Sexual Assault, or Stalking Records ........... 16-21 
PART VI: REPORTING REQUIREMENTS FOR CHILDREN WITH 
ENVIRONMENTAL INTERVENTION BLOOD LEAD LEVEL ................. 16-22 
16-VI.A. Reporting Requirements [24 CFR §35.1130(e), PIH Notice 2017-13] ........... 16-22 
PART VII: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, 
DOCUMENTATION, CONFIDENTIALITY ................................................. 16-23 
16-VII.A.  Overview ....................................................................................................... 16-23 
16-VII.B. Definitions [24 CFR §5.2003] ........................................................................ 16-23 
16-VII.C. Notification [24 CFR 5.2005(a)] .................................................................... 16-24 
Notification to Applicants and Tenants [24 CFR §5.2005(a)(1)] ............................ 16-25 
16-VII.D. Documentation [24 CFR §5.2007] ................................................................. 16-26 
Conflicting Documentation [24 CFR §5.2007(e)] ................................................... 16-27 
Discretion to Require No Formal Documentation [24 CFR §5.2007(d)] ................ 16-27 
Failure to Provide Documentation [24 CFR §5.2007(c)] ......................................... 16-28 
Immigration Status/Self-Petitioner  (PIH Notice 2017-02) ...................................... 16-28 
16-VII.E. Confidentiality [24 CFR §5.2007(b)(4)] ........................................................ 16-29 
EXHIBIT 16-1: Notice of Occupancy Rights under the Violence Against Women Act .... 16-30

24 
 
City of Chandler Housing and Redevelopment Division  Notice of Occupancy Rights 
under the Violence Against Women Act ........................................................... 16-30 
EXHIBIT 16-2: Certification of Domestic Violence, Dating Violence, Sexual Assault, or 
Stalking and Alternate Documentation, Form HUD-5382 ................................ 16-35 
EXHIBIT 16-3: Emergency Transfer Plan for Victims of Domestic Violence, Dating 
Violence, Sexual Assault, or Stalking ............................................................... 16-39 
Attachment: Certification form HUD-5382 ........................................................................ 16-39 
EMERGENCY TRANSFER PLAN ................................................................................... 16-39 
EXHIBIT 16-4: Emergency Transfer Request for Certain Victims of Domestic 
Violence, Dating Violence, Sexual Assault, or Stalking, FORM HUD-5383 .. 16-42 
CHAPTER 17 ............................................................................................................................ 17-1 
GLOSSARY .......................................................................................................................... 17-1 
A. 
ACRONYMS USED IN PUBLIC HOUSING .................................................. 17-1 
B. 
GLOSSARY OF PUBLIC HOUSING............................................................... 17-4

1-1 
 
 
 
 
Chapter 1  
OVERVIEW OF THE PROGRAM AND PLAN 
INTRODUCTION 
 
The PHA receives its operating subsidy for the public housing program from the Department of 
Housing and Urban Development. The PHA is not a federal department or agency. A public 
housing agency (PHA) is a governmental or public body, created and authorized by state law to 
develop and operate housing and housing programs for low-income families. The PHA enters 
into an Annual Contributions Contract with HUD to administer the public housing program. The 
PHA must ensure compliance with federal laws, regulations, and notices, and must establish 
policy and procedures to clarify federal requirements and to ensure consistency in program 
operation. 
This chapter contains information about the PHA and its programs with emphasis on the public 
housing program. It also contains information about the purpose, intent, and use of the plan and 
guide. 
There are three parts to this chapter: 
Part I: The Public Housing Agency (PHA). This part includes a description of the 
PHA, its jurisdiction, its programs, and its mission and intent. 
Part II: The Public Housing Program. This part contains information about public 
housing operation, roles and responsibilities, and partnerships. 
Part III: The Admissions and Continued Occupancy (ACOP). This part discusses the 
purpose and organization of the plan and its revision requirements.

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PART I: THE PHA 
1-I.A. OVERVIEW 
This part describes the PHA’s creation and authorization, the general structure of the 
organization, and the relationship between the PHA Board and staff. 
1-I.B. ORGANIZATION AND STRUCTURE OF THE PHA 
Public housing is funded by the federal government and administered by the City of Chandler 
Housing and Redevelopment Division for the jurisdiction of City of Chandler. 
PHAs are governed by a board of officials that are generally called “commissioners.” Although 
some PHAs may use a different title for their officials, this document will hitherto refer to the 
“board of commissioners” or the “board” when discussing the board of governing officials. 
Commissioners are appointed in accordance with state housing law and generally serve in the 
same capacity as the directors of a corporation. The board of commissioners establishes policies 
under which the PHA conducts business, and ensures that those policies are followed by PHA 
staff. The board is responsible for preserving and expanding the agency’s resources and assuring 
the agency’s continued viability and success. 
Formal actions of the PHA are taken through written resolutions, adopted by the board, and 
entered into the official records of the PHA. 
The principal staff member of the PHA is the executive director (ED), who is selected and hired 
by the board. The ED oversees the day-to-day operations of the PHA and is directly responsible 
for carrying out the policies established by the commissioners. The ED’s duties include hiring, 
training, and supervising the PHA’s staff, as well as budgeting and financial planning for the 
agency. Additionally, the ED is charged with ensuring compliance with federal and state laws, 
and program mandates. In some PHAs, the ED is known by another title, such as chief executive 
officer or president. 
1-I.C. PHA MISSION 
The purpose of a mission statement is to communicate the purpose of the agency to people inside 
and outside of the agency. It provides the basis for strategy development, identification of critical 
success factors, resource allocation decisions, as well as ensuring client and stakeholder 
satisfaction. 
PHA Policy 
The Housing and Redevelopment Division (the Housing Authority) of the City of 
Chandler is a local municipal subcomponent unit of government incorporated within the 
City of Chandler with the purpose of providing, facilitating and managing affordable 
housing products and supportive services to eligible persons with limited incomes, 
through a variety of federal, state, local and private resources.

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1-I.D. THE PHA’S COMMITMENT TO ETHICS AND SERVICE 
As a public service agency, the PHA is committed to providing excellent service to all public 
housing applicants, residents, and the public. In order to provide superior service, the PHA 
resolves to: 
• Administer applicable federal and state laws and regulations to achieve high ratings in 
compliance measurement indicators while maintaining efficiency in program operation to 
ensure fair and consistent treatment of clients served. 
• Provide decent, safe, and sanitary housing in good repair – in compliance with program 
uniform physical condition standards – for very low- and low-income families. 
• Achieve a healthy mix of incomes in its public housing developments by attracting and 
retaining higher income families and by working toward de-concentration of poverty 
goals. 
• Encourage self-sufficiency of participant families and assist in the expansion of family 
opportunities that address educational, socio-economic, recreational, and other human 
service needs. 
• Promote fair housing and the opportunity for very low- and low-income families of all 
races, ethnicities, national origins, religions, ethnic backgrounds, and with all types of 
disabilities, to participate in the public housing program and its services. 
• Create positive public awareness and expand the level of family and community support 
in accomplishing the PHA’s mission. 
• Attain and maintain a high level of standards and professionalism in day-to-day 
management of all program components. 
• Administer an efficient, high-performing agency through continuous improvement of the 
PHA’s support systems and commitment to our employees and their development. 
The PHA will make every effort to keep residents informed of program rules and regulations, 
and to advise participants of how the program rules affect them.

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PART II: THE PUBLIC HOUSING PROGRAM 
1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM 
The intent of this section is to provide the public and staff an overview of the history and 
operation of public housing. 
The United States Housing Act of 1937 (the “Act”) is responsible for the birth of federal housing 
program initiatives, known as public housing. The Act was intended to provide financial 
assistance to states and cities for public works projects, slum clearance, and the development of 
affordable housing for low-income residents. There have been many changes to the program 
since its inception in 1937. 
The Housing Act of 1965 established the availability of federal assistance, administered through 
local public agencies, to provide rehabilitation grants for home repairs and rehabilitation. This 
act also created the federal Department of Housing and Urban Development (HUD). 
The Housing Act of 1969 created an operating subsidy for the public housing program for the 
first time. Until that time, public housing was a self-sustaining program. 
In 1998, the Quality Housing and Work Responsibility Act (QHWRA) – also known as the 
Public Housing Reform Act or Housing Act of 1998 – was signed into law. Its purpose was to 
provide more private sector management guidelines to the public housing program and provide 
residents with greater choices. It also allowed PHAs more remedies to replace or revitalize 
severely distressed public housing developments. Highlights of the Reform Act include: the 
establishment of flat rents; the requirement for PHAs to develop five-year and annual plans; 
income targeting, a requirement that 40% of all new admissions in public housing during any 
given fiscal year be reserved for extremely low-income families; and resident self-sufficiency 
incentives. 
1-II.B. PUBLIC HOUSING PROGRAM BASICS 
HUD writes and publishes regulations in order to implement public housing laws enacted by 
Congress. HUD contracts with the PHA to administer programs in accordance with HUD 
regulations and provides an operating subsidy to the PHA. The PHA must create written policies 
that are consistent with HUD regulations. Among these policies is the PHA’s Admissions and 
Continued Occupancy Policy (ACOP). The ACOP must be approved by the board of 
commissioners of the PHA. 
The job of the PHA pursuant to HUD regulations is to provide decent, safe, and sanitary housing, 
in good repair, to low-income families at an affordable rent. The PHA screens applicants for 
public housing and, if they are determined to be eligible for the program, the PHA makes an 
offer of a housing unit. If the applicant accepts the offer, the PHA and the applicant will enter 
into a written lease agreement. At this point, the applicant becomes a tenant in the public housing 
program.

1-5 
 
In the context of the public housing program, a tenant is defined as the adult person(s) (other 
than a live-in aide who (1) executed the lease with the PHA as lessee of the dwelling unit, or, if 
no such person now resides in the unit, (2) who resides in the unit, and who is the remaining 
head of household of the tenant family residing in the dwelling unit. [24 CFR §966.53]. The 
Public Housing Occupancy Guidebook refers to tenants as “residents.” The terms “tenant” and 
“resident” are used interchangeably in this policy. Additionally, this policy uses the term 
“family” or “families” for residents or applicants, depending on context. 
Since the PHA owns the public housing development, the PHA is the landlord. The PHA must 
comply with all of the legal and management responsibilities of a landlord in addition to 
administering the program in accordance with HUD regulations and PHA policy. 
 
1-II.C. PUBLIC HOUSING PARTNERSHIPS 
To administer the public housing program, the PHA must enter into an Annual Contributions 
Contract (ACC) with HUD. The PHA also enters into a contractual relationship with the tenant 
through the public housing lease. These contracts define and describe the roles and 
responsibilities of each party. 
In addition to the ACC, the PHA and family must also comply with federal regulations and other 
HUD publications and directives.  For the program to work and be successful, all parties 
involved – HUD, the PHA, and the tenant – play an important role.

1-6 
 
The following chart illustrates key aspects of these relationships. 
 
The Public Housing Relationships 
 
What Does HUD Do? 
Federal law is the source of HUD responsibilities. HUD has the following major responsibilities: 
• Develop regulations, requirements, handbooks, notices, and other guidance to implement 
housing legislation passed by Congress.

1-7 
 
• Allocate operating subsidies to PHAs 
• Allocate capital funding to PHAs 
• Provide technical assistance to PHAs on interpreting and applying program requirements 
• Monitor PHA compliance with program requirements and PHA performance in program 
administration. 
What does the PHA do? 
The PHA’s responsibilities originate in federal regulations and the ACC. The PHA owns and 
manages public housing developments, administers the program under contract with HUD and 
has the following major responsibilities: 
• Ensure compliance with all non-discrimination, equal opportunity, and fair housing laws, 
and ensure that the program is accessible to persons with disabilities 
• Establish local policies and procedures for operating the program 
• Accept applications from interested applicant families and determine whether they are 
income eligible for the program 
• Maintain waiting list and select families for admission 
• Screen applicant families for suitability as renters 
• Maintain housing units by making any necessary repairs in a timely manner 
• Make unit offers to families (minimize vacancies without overcrowding) 
• Maintain properties to the standard of decent, safe, sanitary, and in good repair (including 
assuring compliance with uniform physical conditions standards) 
• Make sure the PHA has adequate financial resources to maintain its housing stock 
• Perform regular reexaminations of family income and composition in accordance with 
HUD requirements 
• Collect rent due from the assisted family and comply with and enforce provisions of the 
lease 
• Ensure that families comply with program rules 
• Provide families with prompt and professional service 
• Comply with HUD regulations and requirements, the Annual Contributions Contract, 
HUD-approved applications for funding, the PHA’s ACOP, and other applicable federal, 
state, and local laws 
What does the Tenant do? 
The tenant’s responsibilities are articulated in the public housing lease. The tenant has the 
following broad responsibilities: 
• Comply with the terms of the lease and PHA house rules, as applicable

1-8 
 
• Provide the PHA with complete and accurate information, determined by the PHA to be 
necessary for administration of the program 
• Cooperate in attending all appointments scheduled by the PHA 
• Allow the PHA to inspect the unit at reasonable times and after reasonable notice 
• Take responsibility for care of the housing unit, including any violations of uniform 
physical condition standards caused by the family 
• Not engage in drug-related or violent criminal activity 
• Notify the PHA before moving or termination of the lease 
• Use the assisted unit only for residence and as the sole residence of the family. Not sublet 
the unit or assign the lease 
• Promptly notify the PHA of any changes in family composition 
• Not commit fraud, bribery, or any other corrupt or criminal act in connection with any 
housing programs 
• Take care of the housing unit and report maintenance problems to the PHA promptly 
• If all parties fulfill their obligations in a professional and timely manner, the program 
responsibilities will be fulfilled in an effective manner 
1-II.D. APPLICABLE REGULATIONS 
Applicable regulations include: 
• 24 CFR Part 5: General Program Requirements 
• 24 CFR Part 8: Nondiscrimination 
• 24 CFR Part 902: Public Housing Assessment System 
• 24 CFR Part 903: Public Housing Agency Plans 
• 24 CFR Part 945: Designated Housing 
• 24 CFR Part 960: Admission and Occupancy Policies 
• 24 CFR Part 965: PHA-Owned or Leased Projects – General Provisions 
• 24 CFR Part 966: Lease and Grievance Procedures

1-9 
 
PART III: THE ADMISSIONS AND CONTINUED OCCUPANCY POLICIES 
1-III.A. OVERVIEW AND PURPOSE OF THE POLICY 
The ACOP is the PHA’s written statement of policies used to carry out the housing program in 
accordance with federal law and regulations, and HUD requirements.  The ACOP is required by 
HUD and it must be available for public review [CFR 24 Part 903].  The ACOP also contains 
policies that support the objectives contained in the PHA’s Agency Plan. 
All issues related to public housing not addressed in this ACOP are governed by federal 
regulations, HUD handbooks and guidebooks, notices and applicable state and local laws. The 
policies in this ACOP have been designed to ensure compliance with the consolidated ACC and 
all HUD-approved applications for program funding. The PHA is responsible for complying with 
all changes in HUD regulations pertaining to public housing. If such changes conflict with this 
plan, HUD regulations will have precedence. 
1-III.B. CONTENTS OF THE POLICY 
Unlike the housing choice voucher program, HUD regulations for public housing do not contain 
a list of what must be included in the ACOP.  However, individual regulations contain 
requirements of inclusion in the PHA’s written policy.  At a minimum, the ACOP plan should 
cover PHA policies on these subjects: 
• The organization of the waiting list and how families are selected and offered available 
units, including any PHA admission preferences, procedures for removing applicant 
names from the waiting list, and procedures for closing and reopening the PHA waiting 
list (Chapters 4 and 5) 
• Transfer policies and the circumstances under which a transfer would take precedence 
over an admission (Chapter 12) 
• Standards for determining eligibility, suitability for tenancy, and the size and type of the 
unit needed (Chapters 3 and 5) 
• Procedures for verifying the information the family has provided (Chapter 7) 
• The method for achieving de-concentration of poverty and income-mixing of public 
housing developments (Chapter 4) 
• Grievance procedures (Chapter 14) 
• Policies concerning payment by a family to the PHA of amounts the family owes the 
PHA (Chapter 15 and 16) 
• Interim redeterminations of family income and composition (Chapter 9) 
• Policies Regarding Community Service Requirements; (Chapter 11) 
• Polices and rules about safety and ownership of pets in public housing (Chapter 10) 
New Approach to Policy Development

1-10 
 
HUD has developed an approach to monitoring PHAs that emphasizes the importance of 
consistency in operation and decision-making. The ACOP supports that goal by clearly setting 
forth the PHA’s operating policies. 
A primary focus of HUD’s Rental Integrity Monitoring (RIM) program has been consistency in 
how PHAs conduct their business and in how HUD monitors PHA activities.  Referring to and 
following the ACOP is essential to maintaining consistency in applying PHA policy. 
HUD makes a distinction between: 
• Mandatory policies: those driven by legislation, regulations, current handbooks, current 
PIH notices, and legal opinions, and from the Office of General Counsel, 
• Optional, non-binding guidance includes guidebooks, FAQs, PIH notices that have 
expired and recommendations from individual HUD staff.  
HUD expects PHAs to develop policies and procedures that are consistent with mandatory 
policies and to make clear the optional policies the PHA has adopted.  The ACOP is comprised 
of mandatory policies and optional PHA policy.  HUD’s new direction emphasizes the need for a 
clearly written and comprehensive ACOP to guide staff in the clear and consistent application of 
policy. 
HUD suggestions, recommendations, written issuances, and guidance are consistent with 
mandatory federal policy. Therefore, using HUD guidance in the preparation of PHA policy, 
even though it is not mandatory, provides a PHA with a “safe harbor.” If a PHA adopts its own 
optional policy, it must make its own determination that such policy is consistent with 
legislation, regulations, and other mandatory requirements. There may be very good reasons for 
adopting a policy or procedure that is different from that suggested by HUD, but PHAs should 
carefully think through those decisions and be able to articulate how their policy is consistent 
with federal laws, regulations, and mandatory policy. 
1-III.C. UPDATING AND REVISING THE POLICY 
The PHA will revise this ACOP as needed to comply with changes in HUD regulations. The 
original policy and any changes must be approved by the board of commissioners of the PHA, 
the pertinent sections included in the Agency Plan, and a copy provided to HUD. 
PHA Policy 
The PHA will review and update the ACOP as needed to reflect changes in regulations, 
PHA operations, or when needed to ensure staff consistency in operation.

2-1 
Chapter 2  
FAIR HOUSING AND EQUAL OPPORTUNITY 
INTRODUCTION 
This chapter explains the laws and HUD regulations requiring PHAs to affirmatively further civil 
rights and fair housing in all federally-assisted housing programs. The letter and spirit of these 
laws are implemented through consistent policy and procedures. The responsibility to further 
nondiscrimination pertains to all areas of the PHA’s public housing operations. 
This chapter describes HUD regulations and PHA policies related to these topics in three parts: 
Part I: Nondiscrimination. This part presents the body of laws and regulations governing 
the responsibilities of the PHA regarding nondiscrimination. 
Part II: Policies Related to Persons with Disabilities. This part discusses the rules and 
policies of the public housing program related to reasonable accommodation for persons with 
disabilities. These rules and policies are based on the Fair Housing Act (42.U.S.C.) and 
Section 504 of the Rehabilitation Act of 1973, and incorporate guidance from the Joint 
Statement of The Department of Housing and Urban Development and the Department of 
Justice (DOJ), issued May 17, 2004. 
Part III: Prohibition of Discrimination against Limited English Proficiency (LEP). This 
part details the obligations of the PHA to ensure meaningful access to the public housing 
program and its activities by persons with Limited English Proficiency (LEP). This part 
incorporates the Final Guidance to Federal Financial Assistance Recipients Regarding Title 
VI Prohibition against National Origin Discrimination Affecting Limited English Proficiency 
(LEP) Persons published January 22, 2007, in the Federal Register.

2-2 
PART I: NONDISCRIMINATION 
2-I.A. OVERVIEW 
Federal laws require PHAs to treat all applicants and tenant families equally, providing the same 
quality of service, regardless of family characteristics and background. Federal law prohibits 
discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial 
status, and disability. The PHA will comply fully with all federal, state, and local 
nondiscrimination laws, and with rules and regulations governing fair housing and equal 
opportunity in housing and employment, including: 
• Title VI of the Civil Rights Act of 1964  
• 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) 
• Executive Order 11063 and 13988. 
• Section 504 of the Rehabilitation Act of 1973 
• The Age Discrimination Act of 1975 
• Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise 
Section 504 and the Fair Housing Amendments govern) 
• The Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or 
Gender Identity Final Rule, published in the Federal Register February 3, 2012 and 
further clarified in Notice PIH 2014-20. 
• Violence against Women Act of 2013 (VAWA) 
• Any applicable state laws or local ordinances and any legislation protecting individual 
rights of tenants, applicants, or staff that may subsequently be enacted 
When more than one civil rights law applies to a situation, the laws will be read and applied 
together. 
PHA Policy 
No state or local nondiscrimination laws or ordinances apply. 
2-I.B. NONDISCRIMINATION 
Federal regulations prohibit discrimination against certain protected classes. State and local 
requirements, as well as PHA policies, can prohibit discrimination against additional classes of 
people. 
The PHA shall not discriminate because of race, color, sex, religion, familial status, age, 
disability, or national origin (called “protected classes”). 
Familial status includes children under the age of 18 living with parents or legal custodians, 
pregnant women, and people securing custody of children under the age of 18.

2-3 
PHA Policy 
PHA will not discriminate on the basis of marital status or sexual orientation [FR 
02/03/2012; Executive Order 13988. 
The PHA will not use any of these factors to: 
• Deny to any family the opportunity to apply for housing, nor deny to any qualified 
applicant the opportunity to participate in the public housing program 
• Provide housing that is different from that provided to others 
• Subject anyone to segregation or disparate treatment 
• Subject anyone to sexual harassment 
• Restrict anyone's access to any benefit enjoyed by others in connection with the housing 
program 
• Treat a person differently in determining eligibility or other requirements for admission 
• Steer an applicant or tenant toward or away from a particular area based on any of these 
factors 
• Deny anyone access to the same level of services 
• Deny anyone the opportunity to participate in a planning or advisory group that is an 
integral part of the housing program 
• Discriminate in the provision of residential real estate transactions 
• Discriminate against someone because they are related to or associated with a member of 
a protected class 
• Publish or cause to be published an advertisement or notice indicating the availability of 
housing that prefers or excludes persons who are members of a protected class 
Providing Information to Families 
The PHA must take steps to ensure that families are fully aware of all applicable civil rights 
laws. As part of the public housing orientation process, the PHA will provide information to 
public housing applicant families about civil rights requirements. 
Discrimination Complaints 
If an applicant or tenant family believes that any family member has been discriminated against 
by the PHA, the family should advise the PHA. The PHA should make every reasonable attempt 
to determine whether the applicant or tenant family’s assertions have merit and take any 
warranted corrective action. 
In all cases, the PHA may advise the family to file a fair housing complaint if the family feels 
they have been discriminated against under the Fair Housing Act. 
Upon receipt of a housing discrimination complaint, the PHA is required to:

2-4 
• Provide written notice of the complaint to those alleged and inform the complainant that 
such notice was made 
• Investigate the allegations and provide the complainant and those alleged with findings 
and either a proposed corrective action or an explanation of why corrective action is not 
warranted 
• Keep records of all complaints, investigations, notices, and corrective actions  
[Notice PIH 2014-20] 
PHA Policy 
Applicants or tenant families who believe that they have been subject to unlawful 
discrimination may notify the PHA either orally or in writing. 
Within 10 business days of receiving the complaint, the PHA will provide a written 
notice to those alleged to have violated the rule. The PHA will also send a written notice 
to the complainant informing them that notice was sent to those alleged to have violated 
the rule, 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). 
The PHA will attempt to remedy discrimination complaints made against the PHA and 
will conduct an investigation into all allegations or discrimination. 
Within 10 business days following the conclusion of the PHA's investigation, the PHA 
will provide the complainant and those alleged to have violated the rule with findings and 
either a proposed corrective action plan or an explanation of why corrective action is not 
warranted. 
The PHA will keep a record of all complaints, investigations, notices, and corrective 
actions. (See Chapter 16.)

2-5 
PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES 
2-II.A. OVERVIEW 
One type of disability discrimination prohibited by the Fair Housing Act is the refusal to make 
reasonable accommodation in rules, policies, practices, or services when such accommodation 
may be necessary to afford a person with a disability the equal opportunity to use and enjoy a 
program or dwelling under the program. 
The PHA must ensure that persons with disabilities have full access to the PHA’s programs and 
services. This responsibility begins with the first inquiry of an interested family and continues 
through every programmatic area of the public housing program [24 CFR 8]. 
The PHA must provide a notice to each tenant that the tenant may, at any time during the 
tenancy, request reasonable accommodation of a handicap of a household member, including 
reasonable accommodation so that the tenant can meet lease requirements or other requirements 
of tenancy [24 CFR §966.7(b)]. 
PHA Policy 
The PHA will provide for alternate format applications for persons requiring a reasonable 
accommodation in the online application process. 
The PHA will ask all applicants and participants if they require any type of 
accommodations, in writing, on the intake application, reexamination documents, and 
notices of adverse action by the PHA, by including the following language: 
For applicants: 
The City of Chandler Housing and Redevelopment Division is committed to fully 
complying with all state, federal and local laws involving non-discrimination and 
equal opportunity.  Any person who believes he/she needs a reasonable 
accommodation to participate in any program for the City of Chandler Housing and 
Redevelopment Division should notify our office at least twenty-four hours prior to 
the date of the accommodation will be required. 
For Reexamination documents and notices of adverse action by the PHA: 
The City of Chandler Housing and Redevelopment Division is committed to fully 
complying with all state, federal and local laws involving non-discrimination and 
equal opportunity.  Any person who believes he/she needs a reasonable 
accommodation to participate in any program for the City of Chandler Housing and 
Redevelopment Division should notify their housing specialist at least twenty-four 
hours prior to the date of the accommodation will be required. 
2-II.B. DEFINITION OF REASONABLE ACCOMMODATION 
A “reasonable accommodation” is a change, exception, or adjustment to a policy, practice, or 
service that may be necessary for a person with a disability to have an equal opportunity to use

2-6 
and enjoy a dwelling, including public and common use spaces. Since policies and services may 
have a different effect on persons with disabilities than on other persons, treating persons with 
disabilities the same as others will sometimes deny them an equal opportunity to use and enjoy a 
dwelling. [Joint Statement of the Departments of HUD and Justice: Reasonable 
Accommodations under the Fair Housing Act]. 
Federal regulations stipulate that requests for accommodations will be considered reasonable if 
they do not create an "undue financial and administrative burden" for the PHA, or result in a 
“fundamental alteration” in the nature of the program or service offered. A fundamental 
alteration is a modification that alters the essential nature of a provider’s operations. 
Types of Reasonable Accommodations 
When it is reasonable (see definition above and Section 2-II.E), the PHA shall accommodate the 
needs of a person with disabilities. Examples include but are not limited to: 
• Permitting applications and reexaminations to be completed by mail, telephone, or walk-
in.  Reexaminations must be by appointment only. Walk-in applicants will be directed to 
the online process only during times the waitlist is open.   
• Providing “large-print” forms 
• Conducting home visits 
• Permitting a higher utility allowance for the unit if a person with disabilities requires the 
use of specialized equipment related to the disability 
• Modifying or altering a unit or physical system if such a modification or alteration is 
necessary to provide equal access to a person with a disability 
• Installing a ramp into a dwelling or building 
• Installing grab bars in a bathroom 
• Installing visual fire alarms for hearing impaired persons 
• Allowing a PHA-approved live-in aide to reside in the unit if that person is determined to 
be essential to the care of a person with disabilities, is not obligated for the support of the 
person with disabilities, and would not be otherwise living in the unit. 
• Providing a designated handicapped-accessible parking space 
• Allowing an assistance animal 
• Permitting an authorized designee or advocate to participate in the application or 
certification process and any other meetings with PHA staff 
• Displaying posters and other housing information in locations throughout the PHA's 
office in such a manner as to be easily readable from a wheelchair

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2-II.C. REQUEST FOR AN ACCOMMODATION 
If an applicant or participant indicates that an exception, change, or adjustment to a rule, policy, 
practice, or service is needed because of a disability, HUD requires that the PHA treat the 
information as a request for a reasonable accommodation, even if no formal request is made 
[Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under 
the Fair Housing Act]. 
The family must explain what type of accommodation is needed to provide the person with the 
disability full access to the PHA’s programs and services. 
If the need for the accommodation is not readily apparent or known to the PHA, the family must 
explain the relationship between the requested accommodation and the disability. 
PHA Policy 
The PHA will encourage the family to make its request in writing using a reasonable 
accommodation request form. However, the PHA will consider the accommodation any 
time the family indicates that an accommodation is needed whether or not a formal 
written request is submitted. 
2-II.D. VERIFICATION OF DISABILITY 
The regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1 at the 
end of this chapter. The definition of a person with a disability for the purpose of obtaining a 
reasonable accommodation is much broader than the HUD definition of disability, which is used 
for waiting list preferences and income allowances. 
Before providing an accommodation, the PHA must determine that the person meets the 
definition of a person with a disability, and that the accommodation will enhance the family’s 
access to the PHA’s programs and services. 
If a person’s disability is obvious or otherwise known to the PHA, and if the need for the 
requested accommodation is also readily apparent or known, no further verification will be 
required [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations 
under the Fair Housing Act]. 
If a family indicates that an accommodation is required for a disability that is not obvious or 
otherwise known to the PHA, the PHA must verify that the person meets the definition of a 
person with a disability, and that the limitations imposed by the disability require the requested 
accommodation. 
When verifying a disability, the PHA will follow the verification policies provided in Chapter 7. 
All information related to a person’s disability will be treated in accordance with the 
confidentiality policies provided in Chapter 16 (Program Administration). In addition to the 
general requirements that govern all verification efforts, the following requirements apply when 
verifying a disability:

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• Third-party verification must be obtained from an individual identified by the family 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 who is in a position 
to know about the individual’s disability may provide verification of a disability [Joint 
Statement of the Departments of HUD and Justice: Reasonable Accommodations under 
the Fair Housing Act] 
• The PHA must request only information that is necessary to evaluate the disability-
related need for the accommodation. The PHA may not inquire about the nature or extent 
of any disability. 
• Medical records will not be accepted or retained in the participant file. 
• In the event that the PHA does receive confidential information about a person’s specific 
diagnosis, treatment, or the nature or severity of the disability, the PHA will dispose of it.  
In place of the information, the PHA 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 information [Notice 
PIH 2010-26]. 
2-II.E. APPROVAL/DENIAL OF A REQUESTED ACCOMMODATION [Joint Statement 
of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing 
Act, Notice PIH 2010-26] 
The PHA must approve a request for an accommodation if the following three conditions are 
met. 
• The request was made by or on behalf of a person with a disability. 
• There is a disability-related need for the accommodation. 
• The requested accommodation is reasonable, meaning it would not impose an undue 
financial and administrative burden on the PHA, or fundamentally alter the nature of the 
PHA’s operations. 
Requests for accommodations must be assessed on a case-by-case basis. The determination of 
undue financial and administrative burden must be made on a case-by-case basis involving 
various factors, such as the overall size of the PHA’s program with respect to the number of 
employees, type of facilities and size of budget, type of operation including composition and 
structure of workforce, the nature and cost of the requested accommodation, and the availability 
of alternative accommodations that would effectively meet the family’s disability-related needs. 
Before making a determination whether to approve the request, the PHA may enter into 
discussion and negotiation with the family, request more information from the family, or may 
require the family to sign a consent form so that the PHA may verify the need for the requested 
accommodation. 
PHA Policy

2-9 
After a request for an accommodation is presented, the PHA will respond, in writing, 
within 10 business days. 
If the PHA denies a request for an accommodation because there is no relationship, or 
nexus, found between the disability and the requested accommodation, the notice will 
inform the family of the right to appeal the PHA’s decision through an informal hearing 
(if applicable) or the grievance process (see Chapter 14). 
If the PHA denies a request for an accommodation because it is not reasonable (it would 
impose an undue financial and administrative burden or fundamentally alter the nature of 
the PHA’s operations), the PHA will discuss with the family whether an alternative 
accommodation could effectively address the family’s disability-related needs without a 
fundamental alteration to the public housing program and without imposing an undue 
financial and administrative burden. 
If the PHA believes that the family has failed to identify a reasonable alternative 
accommodation after interactive discussion and negotiation, the PHA will notify the 
family, in writing, of its determination within 10 business days from the date of the most 
recent discussion or communication with the family.  The notice will inform the family of 
the right to appeal the PHA’s decision through an informal hearing (if applicable) or the 
grievance process (see Chapter 14). 
2-II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION 
IMPAIRMENTS 
HUD regulations require the PHA to take reasonable steps to ensure that persons with disabilities 
related to hearing and vision have reasonable access to the PHA's programs and services [24 
CFR §8.6]. 
At the initial point of contact with each applicant, the PHA shall inform all applicants of 
alternative forms of communication that can be used other than plain language paperwork. 
PHA Policy 
To meet the needs of persons with hearing impairments, TTD/TTY (text telephone 
display / teletype) communication will be available. 
To meet the needs of persons with vision impairments, large-print and audio versions of 
key program documents will be made available upon request. When visual aids are used 
in public meetings or presentations, or in meetings with PHA staff, one-on-one assistance 
will be provided upon request. 
Additional examples of alternative forms of communication are sign language 
interpretation; having material explained orally by staff; or having a third party 
representative (a friend, relative or advocate, named by the applicant) to receive, interpret 
and explain housing materials and be present at all meetings.

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2-II.G. PHYSICAL ACCESSIBILITY 
The PHA must comply with a variety of regulations pertaining to physical accessibility, 
including the following. 
• Notice PIH 2010-26 
• Section 504 of the Rehabilitation Act of 1973 
• The Americans with Disabilities Act of 1990 
• The Architectural Barriers Act of 1968 
• The Fair Housing Act of 1988 
The PHA’s policies concerning physical accessibility must be readily available to applicants and 
resident families. They can be found in three key documents. 
• This policy, the Admissions and Continued Occupancy Policy, describes the key policies 
that govern the PHA’s responsibilities with regard to physical accessibility. 
• Notice PIH 2010-26 summarizes information about pertinent laws and implementing 
regulations related to non-discrimination and accessibility in federally-funded housing 
programs. 
• The PHA Plan provides information about self-evaluation, needs assessment, and 
transition plans. 
The design, construction, or alteration of PHA facilities must conform to the Uniform Federal 
Accessibility Standards (UFAS). Notice PIH 2010-26 contains specific information on 
calculating the percentages of units for meeting UFAS requirements. 
Newly-constructed facilities must be designed to be readily accessible to and usable by persons 
with disabilities. Alterations to existing facilities must be accessible to the maximum extent 
feasible, defined as not imposing an undue financial and administrative burden on the operations 
of the public housing program. 
2-II.H. DENIAL OR TERMINATION OF ASSISTANCE 
A PHA’s decision to deny or terminate the assistance of a family that includes a person with 
disabilities is subject to consideration of reasonable accommodation [24 CFR §966.7]. 
When applicants with disabilities are denied assistance, the notice of denial must inform them of 
their right to request an informal hearing [24 CFR §960.208(a)]. 
When a family’s lease is terminated, the notice of termination must inform the family of their 
right to request a hearing in accordance with the PHA’s grievance process [24 CFR 
§966.4(l)(3)(ii)]. 
When reviewing reasonable accommodation requests, the PHA must consider whether 
reasonable accommodation will allow the family to overcome the problem that led to the PHA’s

2-11 
decision to deny or terminate assistance. If a reasonable accommodation will allow the family to 
meet the requirements, the PHA must make the accommodation [24 CFR §966.7]. 
In addition, the PHA must provide reasonable accommodation for persons with disabilities to 
participate in the hearing process [24 CFR §966.56(h)].

2-12 
PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED 
ENGLISH PROFICIENCY (LEP) 
2-III.A. OVERVIEW 
Language for Limited English Proficiency (LEP) Persons can be a barrier to accessing important 
benefits or services, understanding, and exercising important rights, complying with applicable 
responsibilities, or understanding other information provided by the public housing program. In 
certain circumstances, failure to ensure that LEP persons can effectively participate in or benefit 
from federally-assisted programs and activities may violate the prohibition under Title VI against 
discrimination on the basis of national origin. This part incorporates the Final Guidance to 
Federal Assistance Recipients Regarding Title VI Prohibition against National Origin 
Discrimination Affecting Limited English Proficiency (LEP) Persons, published January 22, 
2007 in the Federal Register. 
The PHA will take affirmative steps to communicate with people who need services or 
information in a language other than English. These persons will be referred to as Persons with 
Limited English Proficiency (LEP). 
LEP persons are 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 
Admissions and Continued Occupancy Policy, LEP persons are public housing applicants and 
resident families, and parents and family members of applicants and resident families. 
In order to determine the level of access needed by LEP persons, the PHA will balance the 
following four factors: (1) the number or proportion of LEP persons eligible to be served or 
likely to be encountered by the public housing program; (2) the frequency with which LEP 
persons come into contact with the program; (3) the nature and importance of the program, 
activity, or service provided by the program to people’s lives; and (4) the resources available to 
the PHA and costs. Balancing these four factors will ensure meaningful access by LEP persons 
to critical services while not imposing undue burdens on the PHA. 
2-III.B. ORAL INTERPRETATION [Federal Register, January 22, 2007, Final Guidance to 
Federal Financial Assistance Recipients Regarding Title VI, Prohibition Against 
National Origin Discrimination Affecting Limited English Proficient Persons; Notice, 
Section VI. 7.] 
When providing oral assistance, the PHA is expected to ensure competency of the language 
service provider, no matter which of the strategies outlined below are used. Competency requires 
more than self-identification as bilingual. 
Some bilingual staff or community volunteers, for instance, may be able to communicate 
effectively in a different language when communicating information directly in that language, 
but not be competent to interpret in and out of English. 
PHA Policy

2-13 
The PHA will offer competent interpretation services free of charge, upon request to the 
LEP person. 
The PHA will utilize a language line for telephone interpreter services. 
 
The PHA will utilize staff translators for Spanish-speaking interpreter services. 
When exercising the option to conduct remote hearings, however, for languages other 
than Spanish, the PHA will coordinate with a remote interpretation service which will 
have available video conferencing technology available, as well as voice-only 
interpretation. 
The PHA should not plan to rely on an LEP person’s family members, friends, or other informal 
interpreters to provide meaningful access to important programs and activities. 
The PHA, at its discretion, may choose to use the language services even when LEP persons 
desire to use an interpreter of their choosing. 
LEP persons may feel more comfortable when a trusted family member or friend acts as an 
interpreter. In addition, in exigent circumstances that are not reasonably foreseeable, (for 
example, an unscheduled meeting to discuss a change report) temporary use of interpreters not 
provided by the PHA may be necessary. 
However, the accompanying adult interpreter must agree to provide such service and then only if 
the PHA agrees that it is appropriate under the circumstances (28 CFR §35.160-164; 24 CFR 
§8.6).  
PHA Policy 
For non-administrative meetings and Where LEP persons desire, they will be permitted 
to use, at their own expense, an interpreter of their own choosing, in place of or as a 
supplement to the free language services offered by the PHA.  The interpreter may be a 
family member or friend, however the PHA will not rely on a minor to serve as the 
interpreter. 
The interpreter may be a family member or friend, however, in meetings involving 
housing rules, regulations or other legal matters, COCHRD will provide an interpreter. 
 
For administrative meetings, the PHA will continue to provide free translation services 
to ensure proper and legal translation occurs, during administrative hearings, termination 
actions, or when housing services or benefits are at stake, or any time the family does not 
request an interpreter of their choosing: 
• Where precise, complete, and accurate interpretations or translations of 
information and/or testimony are critical for legal reasons, or where the 
competency of the LEP person’s interpreter is not established, the PHA will 
provide its own, independent interpreter, even if an LEP person wants to use 
their own interpreter as well.

2-14 
• If the interpreter chosen by the family is a minor, the PHA will not rely on the 
minor to serve as the interpreter. 
• In the case where the family brings their own interpreter even though the PHA is 
providing translation services for the communications between the PHA and the 
family. 
• The PHA’s interpreter will provide  the legal, official interpretation for the 
meeting, even when the LEP person brings their own interpreter. 
The PHA will analyze the various kinds of contacts it has with the public, to assess 
language needs and decide what reasonable steps should be taken. “Reasonable steps” 
may not be reasonable where the costs imposed substantially exceed the benefits. 
Where feasible and possible, according to its language assistance plan (LAP), the PHA 
will train and hire bilingual staff to be available to act as interpreters and translators, will 
pool resources with other PHAs, and will standardize documents. 
2-III.C. WRITTEN TRANSLATION 
Translation is the replacement of a written text from one language into an equivalent written text 
in another language. 
PHA Policy 
In order to comply with written-translation obligations, the PHA will take the following 
steps: 
The PHA will provide written translations of vital documents for each eligible LEP 
language group that constitutes 5 percent or 1,000 persons, whichever is less, of the 
population of persons eligible to be served or likely to be affected or encountered. 
Translation of other documents, if needed, can be provided orally; or 
If there are fewer than 50 persons in a language group that reaches the 5 percent 
trigger, the PHA may not translate vital written materials, but will provide written 
notice in the primary language of the LEP language group of the right to receive 
competent oral interpretation of those written materials, free of cost. 
2-III.D. IMPLEMENTATION PLAN 
After completing the four-factor analysis and deciding what language assistance services are 
appropriate, the PHA shall determine whether it is necessary to develop a written implementation 
plan to address the identified needs of the LEP populations it serves. 
If the PHA determines that it is not necessary to develop a written implementation plan, the 
absence of a written plan does not obviate the underlying obligation to ensure meaningful access 
by LEP persons to the PHA’s public housing program and services. 
PHA Policy

2-15 
If it is determined that the PHA serves very few LEP persons, and the PHA has very 
limited resources, the PHA will not develop a written LEP plan, but will consider 
alternative ways to articulate in a reasonable manner a plan for providing meaningful 
access. Entities having significant contact with LEP persons, such as schools, grassroots 
and faith-based organizations, community groups, and groups working with new 
immigrants will be contacted for input into the process. 
If the PHA determines it is appropriate to develop a written LEP plan, the following five 
steps will be taken: (1) Identifying LEP individuals who need language assistance; (2) 
identifying language assistance measures; (3) training staff; (4) providing notice to LEP 
persons; and (5) monitoring and updating the LEP plan.

2-16 
EXHIBIT 2-1: Definition of a Person with a Disability Under Federal Civil Rights Laws 
 [24 CFR Parts §8.3 and §100.201] 
A person with a disability, as defined under federal civil rights laws, is any person who: 
• Has a physical or mental impairment that substantially limits one or more of the major 
life activities of an individual, or 
• Has a record of such impairment, or 
• Is regarded as having such impairment 
The phrase “physical or mental impairment” includes: 
• Any physiological disorder or condition, cosmetic or disfigurement, or anatomical loss 
affecting one or more of the following body systems: neurological; musculoskeletal; 
special sense organs; respiratory, including speech organs; cardiovascular; reproductive; 
digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or 
• Any mental or psychological disorder, such as mental retardation, organic brain 
syndrome, emotional or mental illness, and specific learning disabilities. The term 
“physical or mental impairment” includes, but is not limited to: such diseases and 
conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, 
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental 
retardation, emotional illness, drug addiction and alcoholism. 
“Major life activities” includes, but is not limited to, caring for oneself, performing manual tasks, 
walking, seeing, hearing, breathing, learning, and/or working. 
“Has a record of such impairment” means has a history of, or has been misclassified as having, a 
mental or physical impairment that substantially limits one or more major live activities. 
“Is regarded as having an impairment” is defined as having a physical or mental impairment that 
does not substantially limit one or more major life activities but is treated by a public entity (such 
as the PHA) as constituting such a limitation; has none of the impairments defined in this section 
but is treated by a public entity as having such an impairment; or has a physical or mental 
impairment that substantially limits one or more major life activities, only as a result of the 
attitudes of others toward that impairment. 
The definition of a person with disabilities does not include: 
• Current illegal drug users 
• People whose alcohol use interferes with the rights of others 
• Persons who objectively pose a direct threat or substantial risk of harm to others that 
cannot be controlled with a reasonable accommodation under the public housing 
program.

2-17 
The above definition of disability determines whether an applicant or participant is entitled to 
any of the protections of federal disability civil rights laws. Thus, a person who does not meet 
this definition of disability is not entitled to a reasonable accommodation under federal civil 
rights and fair housing laws and regulations. 
The HUD definition of a person with a disability is much narrower than the civil rights definition 
of disability. The HUD definition of a person with a disability is used for purposes of receiving 
the disabled family preference, the $400 elderly/disabled household deduction, the allowance for 
medical expenses, or the allowance for disability assistance expenses. 
The definition of a person with a disability for purposes of granting a reasonable accommodation 
request is much broader than the HUD definition of disability. Many people will not qualify as a 
disabled person under the public housing program, yet an accommodation is needed to provide 
equal opportunity.

3-1 
 
Chapter 3  
ELIGIBILITY 
INTRODUCTION 
The PHA is responsible for ensuring that every individual and family admitted to the public 
housing program meets all program eligibility requirements. This includes any individual 
approved to join the family after the family has been admitted to the program. The family must 
provide any information needed by the PHA to confirm eligibility and determine the level of the 
family’s assistance. 
To be eligible for the public housing program: 
• The applicant family must: 
− Qualify as a family as defined by HUD and the PHA. 
− Have income at or below HUD-specified income limits. 
− Qualify on the basis of citizenship or the eligible immigrant status of family 
members. 
− Provide social security number information for household members as required. 
− Consent to the PHA’s collection and use of family information as provided for in 
PHA-provided consent forms. 
− Not currently receiving a duplicative subsidy. 
• The PHA must determine that the current or past behavior of household members does 
not include activities that are prohibited by HUD or the PHA. 
This chapter contains three parts: 
Part I: Definitions of Family and Household Members. This part contains HUD and 
PHA definitions of family and household members and explains initial and ongoing 
eligibility issues related to these members. 
Part II: Basic Eligibility Criteria. This part discusses income eligibility, and rules 
regarding citizenship, social security numbers, and family consent. 
Part III: Denial of Admission. This part covers factors related to an applicant’s past or 
current conduct (e.g. criminal activity) that can cause the PHA to deny admission.

3-2 
 
PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS 
3-I.A. 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 public housing unit. This part provides 
information that is needed to correctly identify family and household members, and explains 
HUD's eligibility rules. 
3-I.B. FAMILY AND HOUSEHOLD [24 CFR §5.105(A)(2), 24 CFR §5.403, FR NOTICE 
02/03/12, NOTICE PIH 2014-20] 
The terms family and household have different meanings in the public housing program. 
Family 
To be eligible for admission, an applicant must qualify as a family.  
Family as defined by HUD, includes but is not limited to the following, regardless of actual or 
perceived sexual orientation, gender identity, or marital status, a single person, who may be an 
elderly person, disabled  person, near-elderly person, or any other single person; or a group of 
persons residing together.   
Such group includes, but 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, near-elderly family, a disabled family, a displaced family, or the 
remaining member of a tenant family.  The PHA has the discretion to determine if any other 
group of persons qualifies as a family. 
Gender Identity means actual or perceived gender characteristics. 
Sexual orientation means homosexuality, heterosexuality, or bisexuality. 
PHA Policy 
A family also includes two or more individuals who are not related by blood, marriage, 
adoption, or other operation of law, but who either can demonstrate that they have lived 
together previously or certify that each individual’s income and other resources will be 
available to meet the needs of the family. 
Each family must identify the individuals to be included in the family at the time of 
application, and must notify the PHA if the family’s composition changes. 
Household 
Household is a broader term that includes additional people who, with the PHA’s permission, 
live in a public housing unit, such as live-in aides, foster children, and foster adults.

3-3 
 
3-I.C. FAMILY BREAK-UP AND REMAINING MEMBER OF TENANT FAMILY 
Family Break-up 
Except under the following conditions, the PHA has discretion to determine which members of 
an assisted family continue to receive assistance if the family breaks up: 
• If the family breakup results from an occurrence of domestic violence, dating violence, 
sexual assault, or stalking, the PHA must ensure that the victim retains assistance. (For 
documentation requirements and policies related to domestic violence, dating violence, 
sexual assault, and stalking, see Section 16-VII.D of this plan.) 
• If a court determines the disposition of property between members of the assisted family, 
the PHA is bound by the court’s determination of which family members continue to 
receive assistance. 
PHA 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 living in public housing, 
only one of the new families will retain occupancy of the unit. 
 
If a court determines the disposition of property between members of the applicant or 
resident family, the PHA will abide by the court's determination. 
 
In the absence of a judicial decision or an agreement among the original family members, 
the PHA will determine which family retains their placement on the waiting list, or will 
continue in occupancy taking into consideration the following factors: 
(1) the interest of any minor children, including custody arrangements 
(2) the interest of any ill, elderly, or disabled family members 
(3) the interest of any family member who is or has been the victim of domestic 
violence, dating violence, sexual assault, or stalking, including a family member 
who was forced to leave a public housing unit as a result of such actual or 
threatened abuse, and provides documentation in accordance with Section 16-
VII.D of this ACOP 
(4) any possible risks to family members as a result of criminal activity 
(5) the recommendations of social service professionals

3-4 
 
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 a resident family who remains in the unit when other members of the family have left 
the unit [PH Occ GB, p. 26]. 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 6, Section 6-
I.B, for the policy on “Caretakers for a Child.” 
3-I.D. 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 all of its responsibilities under the program, alone or in 
conjunction with a cohead or spouse. 
PHA 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. 
3-I.E. SPOUSE, COHEAD, 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. 
PHA 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. 
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. 
PHA Policy 
The PHA does not acknowledge cohead as a household member relation type. Instead, 
the term “other adult” is used. 
A family can have only one cohead.

3-5 
 
PHA Policy 
Minors who are emancipated under state law may be designated as a 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 [HUD-50058 IB, p. 
14]. 
3-I.F. 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 deduction from annual income as described in Chapter 6. 
Joint Custody of Dependents 
PHA 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 resident family 50 percent or more of the 
time. 
 
When more than one applicant or assisted family (regardless of program) are claiming the 
same dependents as family members, the family with primary custody at the time of the 
initial examination or reexamination will be able to claim the dependents. If there is a 
dispute about which family should claim them, the PHA will make the determination 
based on available documents such as court orders, an IRS income tax return showing 
which family has claimed the child for income tax purposes, school records, or other 
credible documentation acceptable to the PHA. 
3-I.G. 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 determine if attendance is 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 deduction and (2) the income of 
such an FTS is treated differently from the income of other family members. 
3-I.H. ELDERLY AND NEAR-ELDERLY PERSONS, AND ELDERLY FAMILY 
Elderly Persons 
An elderly person is a person who is at least 62 years of age [24 CFR §5.100].

3-6 
 
Near-Elderly Persons 
A near-elderly person is a person who is 50-61 years of age [24 CFR §945.105]. 
Elderly Family 
An elderly family is one in which the head, spouse, cohead, or sole member is an elderly person 
[24 CFR §5.403]. Identifying elderly families is important because these families qualify for the 
elderly family allowance and the medical allowance as described in Chapter 6 and may qualify 
for a particular type of development as noted in Chapter 4. 
3-I.I. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR §5.403] 
Persons with Disabilities 
Under the public housing 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 handicaps and persons with disabilities are provided in Exhibit 3-1 at the end of 
this chapter. These definitions are used for a number of purposes including ensuring that persons 
with disabilities are not discriminated against based upon disability. 
As discussed in Chapter 2, the PHA must make all aspects of the public housing program 
accessible to persons with disabilities and consider requests for reasonable accommodations 
when a person’s disability limits their full access to the unit, the program, or the PHA’s services. 
Disabled Family 
A disabled family is one in which the head, spouse, or cohead is a person with disabilities. 
Identifying disabled families is important because these families qualify for the disabled family 
allowance and the medical allowance as described in Chapter 6 and may qualify for a particular 
type of development as noted in Chapter 4. 
Even though persons with drug or alcohol dependencies are considered persons with disabilities 
for the purpose of non-discrimination, this does not prevent the PHA from denying admission or 
taking action under the lease for reasons related to alcohol and drug abuse in accordance with the 
policies found in Part III of this chapter and in Chapter 13. 
3-I.J. GUESTS [24 CFR §5.100] 
A guest is defined as a person temporarily staying in the unit with the consent of a tenant or other 
member of the household who has express or implied authority to so consent on behalf of the 
tenant. 
The lease must provide that the tenant has the right to exclusive use and occupancy of the leased 
unit by the members of the household authorized to reside in the unit in accordance with the 
lease, including reasonable accommodation of their guests [24 CFR §966.4(d)]. The head of

3-7 
 
household is responsible for the conduct of visitors and guests, inside the unit as well as 
anywhere on or near PHA premises [24 CFR §966.4(f)]. 
PHA Policy 
A resident family must give prior notice to the Authority of any guest staying overnight 
at the resident’s premises and any such overnight stay is deemed an accommodation for 
the guest.  A guest can remain in the unit no longer than 14 days during any 12-month 
period. 
A family may request an exception to this policy for valid reasons (e.g., care of a relative 
recovering from a medical procedure expected to last 20 consecutive days). An exception 
will not be made unless the family can identify and provide documentation of the 
residence to which the guest will return. 
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 public housing unit more than 50 percent of the time, are not subject to the time 
limitations of guests as described above. 
The PHA will consider unauthorized occupants to be trespassers. The family in tenancy 
that allows an unauthorized occupant to reside in their unit is not in compliance with the 
lease and is subject to termination of tenancy. Some examples of unauthorized occupants 
include: 
• A former resident of the PHA who has been evicted from a PHA development; 
• Persons that have been trespassed from a PHA development; 
• Guests who represent the unit address as their residence address or address of 
record for receipt of benefits or any other purposes will be considered unauthorized 
occupants; 
• Family members over age 17 or emancipated minors who moved from the dwelling 
unit to establish new households; 
• Persons that have joined the household without undergoing screening; 
• Guests who remain in the unit beyond the allowable time limit; and 
• 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 on in the 
unit beyond the time needed by the resident. 
Former residents who have been evicted or trespassed are not permitted as visitors or 
overnight guests. 
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

3-8 
 
and the PHA will terminate assistance since prior approval was not requested for the 
addition. 
3-I.K. 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 resident 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, pp. 13-14]. 
PHA 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. 
Children that are temporarily absent from the home as a result of placement in foster care are 
discussed in Section 3-I.L. 
3-I.L. ABSENT FAMILY MEMBERS 
Individuals may be temporarily or permanently absent from the unit for a variety of reasons 
including educational activities, placement in foster care, employment, and illness. 
Definitions of Temporarily and Permanently Absent 
PHA Policy 
Generally, an individual who is or is expected to be absent from the public housing unit 
for less than 30 consecutive days  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 public housing 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. 
Absent Students 
PHA 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 the PHA indicating that the student has established a separate 
household or the family declares that the student has established a separate household.

3-9 
 
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. 
PHA Policy 
If a child has been placed in foster care, the PHA 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. 
Absent Head, Spouse, or Cohead 
PHA 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. 
Individuals Confined for Medical Reasons 
PHA Policy 
An individual confined to a nursing home or hospital on a permanent basis is not 
considered a family member, and the income of that person is not counted. 
If there is a question about the status of a family member, the PHA will request 
verification from a responsible medical professional and will use this determination. If 
the responsible medical professional cannot provide a determination, the person generally 
will be considered temporarily absent. The family may present evidence that the family 
member is confined on a permanent basis and request that the person not be considered a 
family member. 
Return of Permanently Absent Family Members 
PHA Policy 
The family must request PHA approval for the return of any adult family members that 
the PHA has determined to be permanently absent. The individual is subject to the 
eligibility and screening requirements discussed elsewhere in this chapter. 
3-I.M. LIVE-IN AIDE 
Live-in aide means 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 [24 CFR §5.403].

3-10 
 
The PHA 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. 
A live-in aide is considered a household member but not a family member. 
The income of the live-in aide is not counted in determining the annual income of 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. However, a relative who serves as a live-in aide is not considered a 
family member and would not be considered a remaining member of a tenant family. 
PHA Policy 
A family’s request for a live-in aide may be made either orally or in writing. The PHA 
will verify the need for a live-in aide with a reliable, knowledgeable professional 
provided by the family, 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.   
 
For continued approval, the family must submit a new written request at every other year 
during the annual reexamination process.  
 
Participants who have come portable to COCHRD’s jurisdiction and have a valid, 
acceptable Reasonable Accommodation for a Live-In Aide approved by the Initial PHA, 
may be allowed to use that Reasonable Accommodation for one year, until the next 
Annual Reexamination, or until the next change of unit, whichever comes first. At which 
time, participants will be required to comply with the full Reasonable Accommodation 
process. 
 
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. 
 
The PHA has the discretion not to approve a particular person as a live-in aide, and may 
withdraw such approval, if [24 CFR §966.4(d)(3)(i)]: 
1) The person commits fraud, bribery or any other corrupt or criminal act in 
connection with any federal housing program; 
2) The person has a history of drug-related criminal activity or violent criminal 
activity; or 
3) The person currently owes rent or other amounts to the PHA or to another PHA in 
connection with Section 8 or public housing assistance under the 1937 Act.

3-11 
 
Within 10 business days of receiving a request for a live-in aide, including all required 
documentation related to the request, the PHA will notify the family of its decision in 
writing. 
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].

3-12 
 
PART II: BASIC ELIGIBILITY CRITERIA 
3-II.A. INCOME ELIGIBILITY AND TARGETING 
Income Limits 
HUD is required by law to establish income limits that determine the income eligibility of 
applicants for HUD’s assisted housing programs, including the public housing program. The 
income limits are published annually and are based on HUD estimates of the median incomes for 
families of different sizes in a particular area or county. 
Types of Low-Income Families [24 CFR §5.603(b)] 
Low-income family. A family whose annual income does not exceed 80 percent of the median 
income for the area, adjusted for family size. 
Very low-income family. A family whose annual income does not exceed 50 percent of the 
median income for the area, adjusted for family size. 
Extremely low-income family. A family whose annual income does not exceed the federal 
poverty level or 30 percent of the median income for the area, whichever number is higher. 
Area median income is determined by HUD, with adjustments for smaller and larger families. 
HUD may establish income ceilings higher or lower than 30, 50, or 80 percent of the median 
income for an area if HUD finds that such variations are necessary because of unusually high or 
low family incomes. 
HUD also publishes over-income limits annually, but these are not used at admission. Over-
income limits will be discussed in Chapter 13. 
Using Income Limits for Eligibility [24 CFR §960.201] 
Income limits are used for eligibility only at admission. Eligibility is established by comparing a 
family's annual income with HUD’s published income limits. To be income-eligible, a family 
must be a low income family. 
Using Income Limits for Targeting [24 CFR §960.202(b)] 
At least 40 percent of the families admitted from the PHA waiting list to the public housing 
program during a PHA fiscal year must be extremely low-income families. This is called the 
“basic targeting requirement.” 
If admissions of extremely low-income families to the PHA’s housing choice voucher program 
during a PHA fiscal year exceed the 75 percent minimum targeting requirement for that program, 
such excess shall be credited against the PHA’s public housing basic targeting requirement for 
the same fiscal year.

3-13 
 
The fiscal year credit for housing choice voucher program admissions that exceed the minimum 
voucher program targeting requirement must not exceed the lower of: 
• Ten percent of public housing waiting list admissions during the PHA fiscal year 
• Ten percent of waiting list admission to the PHA’s housing choice voucher program 
during the PHA fiscal year 
• The number of qualifying low-income families who commence occupancy during the 
fiscal year of public housing units located in census tracts with a poverty rate of 30 
percent or more. For this purpose, qualifying low-income family means a low-income 
family other than an extremely low-income family. 
For discussion of how income targeting is used in tenant selection, see Chapter 4. 
3-II.B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR §5, SUBPART 
E] 
Housing assistance is available only to individuals who are U.S. citizens, U.S. nationals (herein 
referred to as citizens and nationals), or noncitizens that have eligible immigration status. At 
least one family member must be a citizen, national, or noncitizen with eligible immigration 
status in order for the family to qualify for any level of assistance. 
All applicant families must be notified of the requirement to submit evidence of their citizenship 
status when they apply. Where feasible, and in accordance with the PHA’s Limited English 
Proficiency (LEP) Plan, the notice must be in a language that is understood by the individual if 
the individual is not proficient in English. 
Declaration [24 CFR §5.508] 
HUD requires each family member to declare whether the individual is a citizen, a national, or an 
eligible noncitizen, except those members who elect not to contend that they have eligible 
immigration status. Those who elect not to contend their status are considered to be ineligible 
noncitizens. For citizens, nationals and eligible noncitizens the declaration must be signed 
personally by the head, spouse, cohead, and any other family member 18 or older, and by a 
parent or guardian for minors. The family must identify in writing any family members who elect 
not to contend their immigration status (see Ineligible Noncitizens below). No declaration is 
required for live-in aides, foster children, or foster adults. 
U.S. Citizens and Nationals 
In general, citizens and nationals are required to submit only a signed declaration that claims 
their status. However, HUD regulations permit the PHA to request additional documentation of 
their status, such as a passport.

3-14 
 
PHA Policy 
Family members who declare citizenship or national status will not be required to provide 
additional documentation unless the PHA receives information indicating that an 
individual’s declaration may not be accurate. 
Eligible Noncitizens 
In addition to providing a signed declaration, those declaring eligible noncitizen status must sign 
a verification consent form and cooperate with PHA efforts to verify their immigration status as 
described in Chapter 7. The documentation required for establishing eligible noncitizen status 
varies depending upon factors such as the date the person entered the U.S., the conditions under 
which eligible immigration status has been granted, the person’s age, and the date on which the 
family began receiving HUD-funded assistance. 
Lawful residents of the Marshall Islands, the Federated States of Micronesia, and Palau, together 
known as the Freely Associated States, or FAS, are eligible for housing assistance under Section 
141 of the Compacts of Free Association between the U.S. Government and the Governments of 
the FAS [Public Law 106-504]. 
Ineligible Noncitizens 
Those noncitizens who do not wish to contend their immigration status are required to have their 
names listed on a non-contending family members listing, signed by the head, spouse, or cohead 
(regardless of citizenship status), indicating their ineligible immigration status. The PHA is not 
required to verify a family member’s ineligible status and is not required to report an individual’s 
unlawful presence in the U.S. to the United States Citizenship and Immigration Services 
(USCIS). 
Providing housing assistance to noncitizen students is prohibited [24 CFR §5.522]. This 
prohibition extends to the noncitizen spouse of a noncitizen student as well as to minor children 
who accompany or follow to join the noncitizen student. Such prohibition does not extend to the 
citizen spouse of a noncitizen student or to the children of the citizen spouse and noncitizen 
student. Such a family is eligible for prorated assistance as a mixed family. 
Mixed Families 
A family is eligible for admission as long as at least one member is a citizen, national, or eligible 
noncitizen. Families that include eligible and ineligible individuals are considered mixed 
families. Such families will be given notice that their assistance will be prorated, and that they 
may request a hearing if they contest this determination. See Chapter 6 for a discussion of how 
rents are prorated, and Chapter 14 for a discussion of grievance hearing procedures. 
Ineligible Families [24 CFR §5.514(d), (e), and (f)] 
A PHA may elect to provide assistance to a family before the verification of the eligibility of the 
individual or one family member [24 CFR §5.512(b)]. Otherwise, no individual or family may be

3-15 
 
assisted prior to the affirmative establishment by the PHA that the individual or at least one 
family member is eligible [24 CFR §5.512(a)]. 
PHA Policy 
The PHA will not provide assistance to a family before the verification of at least one 
family member as a citizen, national, or eligible noncitizen. 
When a PHA determines that an applicant family does not include any citizens, nationals, 
or eligible noncitizens, following the verification process, the family will be sent a 
written notice within 10 business days of the determination. 
The notice will explain the reasons for the denial of assistance and will advise the family 
of its right to request an appeal to the United States Citizenship and Immigration Services 
(USCIS), or to request an grievance hearing with the PHA. The grievance hearing with 
the PHA may be requested in lieu of the USCIS appeal, or at the conclusion of the USCIS 
appeal process. The notice must also inform the applicant family that assistance may not 
be delayed until the conclusion of the USCIS appeal process, but that it may be delayed 
pending the completion of the grievance hearing process. 
Grievance hearing procedures are contained in Chapter 14. 
Timeframe for Determination of Citizenship Status [24 CFR §5.508(g)] 
For new occupants joining the resident family the PHA must verify status at the first interim or 
regular reexamination following the person’s occupancy, whichever comes first. 
If an individual qualifies for a time extension for the submission of required documents, the PHA 
must grant such an extension for no more than 30 days [24 CFR §5.508(h)]. 
Each family member is required to submit evidence of eligible status only one time during 
continuous occupancy. 
PHA Policy 
The PHA will verify the status of applicants at the time other eligibility factors are 
determined. 
3-II.C. SOCIAL SECURITY NUMBERS [24 CFR §5.216 AND §5.218], NOTICE PIH 
2018-24] 
The applicant and all members of the applicant’s household must disclose the complete and 
accurate social security number (SSN) assigned to each household member, and the 
documentation necessary to verify each SSN. If a child under age 6 has been added to an 
applicant family within the 6 months prior to program admission, an otherwise eligible family 
may be admitted to the program and must disclose and document the child’s SSN within 90 days 
of admission. A detailed discussion of acceptable documentation is provided in Chapter 7.

3-16 
 
Note: These requirements do not apply to noncitizens who do not contend eligible immigration 
status. 
In addition, each participant who has not previously disclosed an SSN, has previously disclosed 
an SSN that HUD or the SSA determined was invalid, or has been issued a new SSN must 
submit their complete and accurate SSN and the documentation required to verify the SSN at the 
time of the next interim or annual reexamination or recertification. Participants age 62 or older as 
of January 31, 2010, whose determination of eligibility was begun before January 31, 2010, are 
exempt from this requirement, and remain exempt even if they move to a new assisted unit. 
The PHA must deny assistance to an applicant family if they do not meet the SSN disclosure and 
documentation requirements contained in 24 CFR §5.216. 
3-II.D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR §5.230] 
HUD requires each adult family member, and the head of household, spouse, or cohead, 
regardless of age, to sign form HUD-9886, Authorization for the Release of Information/Privacy 
Act Notice, the form HUD-52675, Debts Owed to Public Housing Agencies and Terminations, 
and other consent forms as needed to collect information relevant to the family’s eligibility and 
level of assistance. Chapter 7 provides detailed information concerning the consent forms and 
verification requirements. 
The PHA must deny admission to the program if any member of the applicant family fails to sign 
and submit consent forms which allow the PHA to obtain information that the PHA has 
determined is necessary in administration of the public housing program [24 CFR §960.259(a) 
and (b)]. 
3-II.E. EIV SYSTEM SEARCHES [NOTICE PIH 2018-18; EIV FAQS; EIV SYSTEM 
TRAINING 9/30/20] 
Existing Tenant Search 
Prior to admission to the program, the PHA must search for all household members using the 
EIV Existing Tenant Search module. The PHA must review the reports for any SSA matches 
involving another PHA or a multifamily entity and follow up on any issues identified. The PHA 
must provide the family with a copy of the Existing Tenant Search results if requested. At no 
time may any family member receive duplicative assistance. 
If the tenant is a new admission to the PHA, and a match is identified at a multifamily property, 
the PHA must report the program admission date to the multifamily property and document the 
notification in the tenant file. The family must provide documentation of move-out from the 
assisted unit, as applicable. 
PHA Policy

3-17 
 
The PHA will contact the PHA or owner identified in the report to confirm that the 
family has moved out of the unit and obtain documentation of current tenancy status, 
including a form HUD-50058 or 50059, as applicable, showing an end of participation.  
 
The PHA will only approve assistance contingent upon the move-out from the currently 
occupied assisted unit. 
Debts Owed to PHAs and Terminations  
All adult household members must sign the form HUD-52675, Debts Owed to Public Housing 
and Terminations. Prior to admission to the program, the PHA must search for each adult family 
member in the Debts Owed to PHAs and Terminations module. 
If a current or former tenant disputes the information in the module, the tenant should contact the 
PHA directly in writing to dispute the information and provide any documentation that supports 
the dispute. If the PHA determines that the disputed information is incorrect, the PHA will 
update or delete the record from EIV. Former tenants may dispute debt and termination 
information for a period of up to three years from the end of participation date in the program. 
PHA Policy 
The PHA will require each adult household member to sign the form HUD-52675 once at 
the eligibility determination. Any new members added to the household after admission 
will be required to sign the form HUD-52675 prior to being added to the household. 
 
The PHA will search the Debts Owed to PHAs and Terminations module as part of the 
eligibility determination for new households and as part of the screening process for any 
household members added after the household is admitted to the program. If any 
information on debts or terminations is returned by the search, the PHA will determine 
if this information warrants a denial in accordance with the policies in Part III of this 
chapter. 
Income and IVT Reports 
For each new admission, the PHA is required to review the EIV Income and IVT Reports to 
confirm and validate family reported income within 120 days of the IMS/PIC submission date of 
the new admission. The PHA must print and maintain copies of the EIV Income and IVT reports 
in the tenant file and resolve any discrepancies with the family within 60 days of the EIV Income 
or IVT report dates.

3-18 
 
PART III: DENIAL OF ADMISSION 
3-III.A. OVERVIEW [PIH 2015-19] 
A family that does not meet the eligibility criteria discussed in Parts I and II, must be denied 
admission. 
In addition, HUD requires or permits the PHA to deny admission based on certain types of 
current or past behaviors of family members as discussed in this part. The PHA’s authority in 
this area is limited by the Violence against Women Reauthorization Act of 2013 (VAWA), 
which expressly prohibits the denial of admission to an otherwise qualified applicant on the 
basis, or as a direct result of the fact, that the applicant is or has been the victim of domestic 
violence, dating violence, sexual assault or stalking.[24 CFR §5.2005] 
While the regulations state that the PHA must prohibit admission for certain types of criminal 
activity and give the PHA the option to deny for other types of previous criminal history, more 
recent HUD rules and OGC guidance must also be taken into consideration when determining 
whether a particular individual’s criminal history merits denial of admission. 
When considering any denial of admission, PHAs may not use arrest records as the sole basis for 
the denial. 
An individualized assessment of relevant mitigating information beyond that contained in an 
individual’s criminal record is likely to have a less discriminatory effect than categorical 
exclusions that do not take such additional information into account. Relevant individualized 
evidence might include the facts or circumstances surrounding the criminal conduct; the age of 
the individual at the time of the conduct; evidence that the individual has maintained a good 
tenant history before and/or after the criminal conduct; and evidence of rehabilitation efforts. By 
delaying consideration of criminal history until after an individual’s financial and other 
qualifications are verified, a PHA may be able to minimize any additional costs that might add to 
the applicant screening process.  [4/4/2016 Office on General Counsel Guidance on Application 
of Fair Housing Act standards to the Use of Criminal Records by Housing Providers and Real 
Estate-Related Transactions] 
Notice PIH 2015-19 does not completely exclude the review of arrest records in housing 
decisions. Although the fact that an individual was arrested is not grounds to deny a housing 
opportunity, a record of an arrest might properly trigger an inquiry by a PHA or owner into 
whether a person actually engaged in disqualifying criminal activity. As part of such an inquiry, 
a PHA or owner may continue to obtain and review the police report, record of disposition of any 
criminal charges, and other evidence associated with the arrest to inform its eligibility 
determination. 
This part covers the following topics: 
• Required denial of admission 
• Other permitted reasons for denial of admission 
• Screening

3-19 
 
• Criteria for deciding to deny admission 
• Prohibition against denial of admission to victims of domestic violence, dating violence, 
sexual assault, or stalking 
• Notice of eligibility or denial 
3-III.B. REQUIRED DENIAL OF ADMISSION [24 CFR §960.204] 
PHAs are required to establish standards that prohibit admission of an applicant to the public 
housing program if they have engaged in certain criminal activity or if the PHA has reasonable 
cause to believe that a household member’s current use or pattern of use of illegal drugs, or 
current abuse or pattern of abuse of alcohol may threaten the health, safety, or right to peaceful 
enjoyment of the premises by other residents. 
Where the statute requires that the PHA prohibit admission for a prescribed period of time after 
some disqualifying behavior or event, the PHA may choose to continue that prohibition for a 
longer period of time [24 CFR §960.203(c)(3)(ii)]. 
HUD requires the PHA to deny assistance in the following cases: 
• Any member of the household has been evicted from federally-assisted housing in the last 3 
years for drug-related criminal activity. HUD permits but does not require the PHA to admit 
an otherwise-eligible family if the household member has completed a PHA-approved drug 
rehabilitation program or the circumstances which led to eviction no longer exist (e.g. the 
person involved in the criminal activity no longer lives in the household). 
PHA Policy 
The PHA will admit an otherwise-eligible family who was evicted from federally-
assisted housing within the past 3 years for drug-related criminal activity if the PHA is 
able to verify that the household member who engaged in the criminal activity has 
completed a supervised drug rehabilitation program approved by the PHA, or the person 
who committed the crime is no longer living in the household. 
If it is found that after admission the ineligible family member is residing in the unit, the 
family will be terminated. 
• The PHA determines that any household member is currently engaged in the use of illegal 
drugs. Drug means a controlled substance as defined in Section 102 of the Controlled 
Substances Act [21 U.S.C. 802]. Currently engaged in the illegal use of a drug means a 
person has engaged in the behavior recently enough to justify a reasonable belief that there is 
continuing illegal drug use by a household member [24 CFR §960.205(b)(1)]. 
PHA Policy 
Currently engaged in is defined as any use of illegal drugs during the previous six 
months.

3-20 
 
• The PHA has reasonable cause to believe that any household member's current use or pattern 
of use of illegal drugs, or current abuse or pattern of abuse of alcohol, may threaten the 
health, safety, or right to peaceful enjoyment of the premises by other residents. 
PHA Policy 
The PHA will consider the use of a controlled substance or alcohol to be a pattern if there 
is more than one incident during the previous six-6 months. 
In determining reasonable cause, the PHA will consider all credible evidence, including 
but not limited to, any record of convictions, arrests, or evictions of household members 
related to the use of illegal drugs or the abuse of alcohol. A conviction will be given more 
weight than an arrest.  A record or records of arrest(s) will not be used as the sole basis 
for the denial or proof that the applicant engaged in disqualifying criminal activity. The 
PHA will also consider evidence from treatment providers or community-based 
organizations providing services to household members. 
• Any household member has ever been convicted of drug-related criminal activity for the 
production or manufacture of methamphetamine on the premises of federally assisted 
housing. 
• Any household member is subject to a lifetime registration requirement under a state lifetime 
sex offender registration program. 
State laws purporting to legalize medical or recreational marijuana directly conflict with the 
admission and continued requirements of the Quality Housing and Work Responsibility Act of 
1998 (“Public Housing Reform Act”) and are thus subject to preemption. [September 24, 1999 
HUD Letter Re: Medical Use of Marijuana] 
3-III.C. OTHER PERMITTED REASONS FOR DENIAL OF ADMISSION 
HUD permits, but does not require the PHA to deny admission for the reasons discussed in this 
section. 
Criminal Activity [24 CFR §960.203 (b) and (c)] 
The PHA is responsible for screening family behavior and suitability for tenancy. In doing so, 
the PHA may consider an applicant’s history of criminal activity involving crimes of physical 
violence to persons or property and other criminal acts, which would adversely affect the health, 
safety, or welfare of other tenants. 
PHA Policy 
If any household member is currently engaged in, or has engaged in any of the following 
criminal activities, within the past three (3) years, the family will be denied admission. 
 
Drug-related criminal activity, defined by HUD as the illegal manufacture, sale, 
distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, 
distribute or use the drug [24 CFR §5.100].

3-21 
 
 
Violent criminal activity, defined by HUD as any criminal activity that has as one of its 
elements the use, attempted use, or threatened use of physical force substantial enough to 
cause, or be reasonably likely to cause, serious bodily injury or property damage [24 CFR 
§5.100]. 
 
Criminal activity that may threaten the health, safety, or welfare of other tenants [24 CFR 
§960.203(c)(3)]. 
 
Criminal activity that may threaten the health or safety of PHA staff, contractors, 
subcontractors, or agents, and persons performing contract administration functions or 
other responsibilities on behalf of the PHA (including a PHA employee or a PHA 
contractor, subcontractor, or agent). 
 
‘Immediate vicinity’ means within a three-block radius of the premises. 
 
Criminal sexual conduct, including but not limited to sexual assault, incest, open, and 
gross lewdness, or child abuse. 
 
Evidence of such criminal activity includes, but is not limited to: 
• Any record of convictions, arrests, or evictions for suspected drug-related or violent 
criminal activity of household members within the past three (3) years. A 
conviction for such activity will be given more weight than an arrest or an eviction. 
A record or records of arrest(s) will not be used as the sole basis for the denial or 
proof that the applicant engaged in disqualifying criminal activity. 
• Records of arrests for drug-related or violent criminal activity within the past three 
(3) years, although a record of arrest(s) will not be used as the sole basis for the 
denial, or proof that the applicant engaged in disqualifying criminal activity. 
• Criminal activity that may threaten the health, safety, or right to peaceful enjoyment 
of the premises by other residents or persons residing in the immediate vicinity; or 
• Criminal activity that may threaten the health or safety of management staff, and 
persons performing contract administration functions or other responsibilities on 
behalf of the PHA (including a PHA employee or a PHA contractor, subcontractor, 
or agent). 
• Any record of eviction from public or privately-owned housing as a result of 
criminal activity within the past (3) three years. 
In making its decision to deny assistance, the PHA will consider the factors discussed in Sections 
3-III.E and 3-III.F. Upon consideration of such factors, the PHA may, on a case-by-case basis, 
decide not to deny assistance. 
Examples of criminal activity includes, but not limited to:

3-22 
 
• Loitering 
• Criminal Trespassing 
• Forgery 
• Identity Theft 
• Discharge of Firearm 
• Criminal Damage 
• Indecent Exposure 
• Theft against any government agency 
• Disorderly Conduct 
• Burglary 
• Harassment 
Previous Behavior [24 CFR §960.203(c) and (d) and PH Occ GB, p. 48; §5.851-§5.861] 
HUD authorizes the PHA to deny admission based on relevant information pertaining to the 
family’s previous behavior and suitability for tenancy. 
In the event of the receipt of unfavorable information with respect to an applicant, the PHA must 
consider the time, nature, and extent of the applicant’s conduct (including the seriousness of the 
offense). As discussed in Section 3-III.F, the PHA may also need to consider whether the cause 
of the unfavorable information may be that the applicant is the victim of domestic violence, 
dating violence, sexual assault, or stalking. 
PHA Policy 
The PHA will deny admission to an applicant family if the PHA determines that the 
family: 
• Has a pattern of unsuitable past performance in meeting financial obligations, 
including rent within the past five years. 
• Has a pattern of disturbance of neighbors, destruction of property, or living or 
housekeeping habits at prior residences within the past five years, which may 
adversely affect the health, safety, or welfare of other tenants. 
• Owes rent or other amounts to this or any other PHA or owner in connection with 
any assisted housing program. 
• The family has breached the terms of a repayment agreement entered into with the 
PHA, unless the family repays the full amount of the debt covered in the 
repayment agreement prior to being selected from the waiting list. 
• Misrepresented or does not provide true and complete information related to 
eligibility, including income, award of preferences for admission, expenses,

3-23 
 
family composition or rent, or any other information that the PHA or HUD 
determines is necessary in the administration of the program. 
• Any family member has been evicted from federally assisted housing or 
abandoned the federally assisted housing in the last five years. (Staff would 
consider the date and circumstances of any past eviction or termination in 
determining its relevance to PHA tenancy.) 
• Has a household member, regardless of age, who has been trespassed (including 
criminally trespassed) from a City of Chandler Public Housing site during the last 
three years. 
• Has committed fraud, bribery, or any other corrupt or criminal act in connection 
with any federal housing program. 
• Has engaged in or threatened violent or abusive behavior toward PHA personnel: 
− Abusive or violent behavior towards PHA personnel includes verbal as well as 
physical abuse or violence. Use of racial epithets, or other language, written or 
oral, that is customarily used to intimidate may be considered abusive or 
violent behavior. 
− Threatening refers to oral or written threats or physical gestures that 
communicate intent to abuse or commit violence. 
In making its decision to deny admission, the PHA will consider the factors discussed in 
Sections 3-III.E and 3-III.F. Upon consideration of such factors, the PHA may, on a case-
by-case basis, decide not to deny admission. 
The PHA will consider the existence of mitigating factors, such as loss of employment or 
other financial difficulties, before denying admission to an applicant based on the failure 
to meet prior financial obligations. 
3-III.D. SCREENING [24 CFR §5.855; §5.858; §5.902; §5.903] 
Screening for Eligibility 
PHAs are authorized to obtain criminal conviction records from law enforcement agencies to 
screen applicants for admission to the public housing program. This authority assists the PHA in 
complying with HUD requirements and PHA policies to deny assistance to applicants who are 
engaging in or have engaged in certain criminal activities. In order to obtain access to the records 
the PHA must require every applicant family to submit a consent form signed by each adult 
household member [24 CFR §5.903]. 
The PHA may not pass along to the applicant the costs of a criminal records check [24 CFR 
§960.204(d)].

3-24 
 
PHA Policy 
The PHA will perform criminal background checks through local law enforcement for all 
adult household members. The PHA may not pass along to the applicant the costs of a 
criminal records check. 
If the results of the criminal background check indicate there may have been past 
criminal activity, but the results are inconclusive, the PHA will request a fingerprint card 
and will request information from the National Crime Information Center (NCIC). 
PHAs are required to perform criminal background checks necessary to determine whether any 
household member is subject to a lifetime registration requirement under a state sex offender 
program in the state where the housing is located, as well as in any other state where a household 
member is known to have resided [24 CFR §960.204(a)(4)]. 
Sex Offender Registration 24 CFR §960.204 (A)(4)  PIH Notice 2012-28 
The PHA must establish standards that permanently prohibit admission to the PHA’s public 
housing program if any member of the household is subject to a lifetime registration requirement 
under a state sex offender registration program. 
PHAs may only create policies that permanently deny admission to sex offenders subject to 
lifetime registration requirements as per the regulatory requirements, and may not implement 
policies that automatically deny admission to applicants for the duration of their sex offender 
registration requirement, regardless of circumstances, if it is less than life. (Public Housing 
Master Book, Section 4.3: Tenant Selection and Suitability, Suitability and Selection Criteria, 
Mandatory Denial of Admission, Page 4.3-4) 
PHA Policy 
The PHA may use the Dru Sjodin National Sex Offender database to screen applicants 
for admission. 
Additionally, PHAs must ask whether the applicant, or any member of the applicant’s household, 
is subject to a lifetime registered sex offender registration requirement in any state. [Notice PIH 
2012-28]. 
If the PHA proposes to deny admission based on a criminal record or on lifetime sex offender 
registration information, the PHA must notify the household of the proposed action and must 
provide the subject of the record and the applicant a copy of the record and an opportunity to 
dispute the accuracy and relevance of the information prior to a denial of admission [24 CFR 
§5.903(f) and §5.905(d)]. 
Obtaining Information from Drug Treatment Facilities [24 CFR §960.205] 
HUD authorizes PHAs to request and obtain information for each applicant to submit for all 
household members who are at least 18 years of age, and from drug abuse treatment facilities 
concerning applicants. Specifically, the PHA may require  each family head, spouse, or cohead 
regardless of age, one or more consent forms signed by such household members that requests

3-25 
 
any drug abuse treatment facility to inform the PHA whether the drug abuse treatment facility 
has reasonable cause to believe that the household member is currently engaging in illegal drug 
use. 
Drug Abuse Treatment Facility means an entity that holds itself out as providing, and provides, 
diagnosis, treatment, or referral for treatment with respect to the illegal drug use, and is either an 
identified unit within a general care facility, or an entity other than a general medical care 
facility. 
Currently engaging in illegal use of a drug means illegal use of a drug that occurred recently 
enough to justify a reasonable belief that there is continuing illegal drug use by a household 
member. 
Any consent form used for the purpose of obtaining information from a drug abuse treatment 
facility to determine whether a household member is currently engaging in illegal drug use must 
expire automatically after the PHA has made a final decision to either approve or deny the 
admission of such person. 
Any charges incurred by the PHA for information provided from a drug abuse treatment facility 
may not be passed on to the applicant or tenant. 
If the PHA chooses to obtain such information from drug abuse treatment facilities, it must adopt 
and implement one of the two following policies: 
Policy A: The PHA must submit a request for information to a drug abuse treatment 
facility for all families before they are admitted. The request must be submitted for each 
proposed household member who is at least 18 years of age, and for each family head, 
spouse, or cohead regardless of age. 
Policy B: The PHA must submit a request for information only for certain household 
members, whose criminal record indicates prior arrests or conviction for any criminal 
activity that may be a sole basis for denial of admission or whose prior tenancy records 
indicate that the proposed household member engaged in destruction of property or 
violent activity against another person, or they interfered with the right of peaceful 
enjoyment of the premises of other residents. 
If the PHA chooses to obtain such information, it must abide by the HUD requirements for 
records management and confidentiality as described in 24 CFR §960.205(f). 
PHA Policy 
The PHA will obtain information from drug abuse treatment facilities to determine 
whether any applicant family’s household members are currently engaging in illegal drug 
activity only when the PHA has determined that the family will be denied admission 
based on a family member’s drug-related criminal activity, and the family claims that the 
culpable family member has successfully completed a supervised drug or alcohol 
rehabilitation program.

3-26 
 
Screening for Suitability as a Tenant [24 CFR §960.203(c); §5.851-§5.861] 
The PHA is responsible for the screening and selection of families to occupy public housing 
units. The PHA may consider all relevant information. Screening is important to public housing 
communities and program integrity, and to ensure that assisted housing is provided to those 
families that will adhere to lease obligations. 
PHA Policy 
The PHA will consider the family’s history with respect to the following factors: 
• Payment of rent and utilities 
• Caring for a unit and premises 
• Respecting the rights of other residents to the peaceful enjoyment of their housing 
• Criminal activity that is a threat to the health, safety, or property of others 
• Behavior of all household members as related to the grounds for denial as detailed 
in Sections 3-III.B and C 
• Compliance with any other essential conditions of tenancy 
Resources Used to Check Applicant Suitability [PH Occ. GB, pp. 47-56] 
PHAs have a variety of resources available to them for determination of the suitability of 
applicants. Generally, PHAs should reject applicants who have recent behavior that would 
warrant lease termination for a public housing resident. 
PHA Policy 
In order to determine the suitability of applicants the PHA will examine applicant history 
for the past five years. Such background checks will include: 
Past Performance in Meeting Financial Obligations, Especially Rent 
PHA and landlord references for the past five years, gathering information about past 
performance meeting rental obligations such as rent payment record, late payment 
record, whether the PHA/landlord ever began or completed lease termination for non-
payment, and whether utilities were ever disconnected in the unit. PHAs and 
landlords will be asked if they would rent to the applicant family again. 
Utility company references covering the monthly amount of utilities, late payment, 
disconnection, return of a utility deposit and whether the applicant can get utilities 
turned on in his/her name. (Use of this inquiry will be reserved for applicants 
applying for units where there are tenant-paid utilities.) 
If an applicant has no rental payment history the PHA will check court records of 
eviction actions and other financial judgments, and credit reports. A lack of credit 
history will not disqualify someone from becoming a public housing resident, but a 
poor credit rating may.

3-27 
 
Applicants with no rental payment history will also be asked to provide the PHA with 
personal references. The references will be requested to complete a verification of the 
applicant’s ability to pay rent if no other documentation of ability to meet financial 
obligations is available. The applicant will also be required to complete a checklist 
documenting their ability to meet financial obligations. 
If previous landlords or the utility company do not respond to requests from the PHA, 
the applicant may provide other documentation that demonstrates their ability to meet 
financial obligations (e.g. rent receipts, cancelled checks, etc.) 
Disturbances of Neighbors, Destruction of Property or Living or Housekeeping Habits at 
Prior Residences that May Adversely Affect Health, Safety, or Welfare of Other Tenants, 
or Cause Damage to the Unit or the Development 
PHA and landlord references for the past five years, gathering information on 
whether the applicant kept a unit clean, safe and sanitary; whether they violated 
health or safety codes; whether any damage was done by the applicant to a current or 
previous unit or the development, and, if so, how much the repair of the damage cost; 
whether the applicant’s housekeeping caused insect or rodent infestation; and whether 
the neighbors complained about the applicant or whether the police were ever called 
because of disturbances. 
Police and court records within the past five years will be used to check for any 
evidence of disturbance of neighbors or destruction of property that might have 
resulted in arrest or conviction. A record or records of arrest(s) will not be used as the 
sole basis for the denial or proof that the applicant engaged in disqualifying activity. 
A personal reference will be requested to complete a verification of the applicant’s 
ability to care for the unit and avoid disturbing neighbors if no other documentation is 
available. In these cases, the applicant will also be required to complete a checklist 
documenting their ability to care for the unit and to avoid disturbing neighbors. 
Home visits may be used to determine the applicant’s ability to care for the unit. 
3-III.E. CRITERIA FOR DECIDING TO DENY ADMISSION 
Evidence 
PHA Policy 
The PHA will use the preponderance of the evidence as the standard for making all 
admission decisions. 
Preponderance of the 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.

3-28 
 
Preponderance of the evidence may not be determined by the number of witnesses, but by 
the greater weight of all evidence. 
The fact that an applicant or tenant was arrested for a disqualifying offense shall not be 
treated or regarded as proof that the applicant or tenant engaged in disqualifying criminal 
activity. The arrest may, however, trigger an investigation to determine whether the 
applicant or tenant actually engaged in disqualifying criminal activity. As part of its 
investigation, CCHRD may obtain the police report associated with the arrest and 
consider the reported circumstances of the arrest. CCHRD may also consider any 
statements made by witnesses or the applicant or tenant not included in the police report; 
whether criminal charges were filed; whether, if filed, criminal charges were abandoned, 
dismissed, not prosecuted, or ultimately resulted in an acquittal; and any other evidence 
relevant to determining whether or not the applicant or tenant engaged in disqualifying 
activity. 
Consideration of Circumstances [24 CFR §960.203(c)(3) and (d)] 
HUD authorizes the PHA to consider all relevant circumstances when deciding whether to deny 
admission based on a family’s past history except in the situations for which denial of admission 
is mandated (see Section 3-III.B). 
In the event the PHA receives unfavorable information with respect to an applicant, 
consideration must be given to the time, nature, and extent of the applicant’s conduct (including 
the seriousness of the offense). In a manner consistent with its policies, PHAs may give 
consideration to factors that might indicate a reasonable probability of favorable future conduct. 
PHA Policy 
The PHA will consider the following facts and circumstances prior to making its 
decision: 
• The seriousness of the case, especially with respect to how it would affect other 
residents’ safety or property 
• The effects that denial of admission may have on other members of the family 
who were not involved in the action or failure to act 
• The extent of participation or culpability of individual family members, including 
whether the culpable family member is a minor or a person with disabilities, or 
(as discussed further in Section 3-III.F) a victim of domestic violence, dating 
violence, sexual assault, or stalking. 
• The length of time since the violation occurred, including the age of the individual 
at the time of the conduct, as well as the family’s recent history and the likelihood 
of favorable conduct in the future. 
• While a record or records of arrest(s) will not be used as the sole basis for denial, 
an arrest may, however, trigger an investigation to determine whether the

3-29 
 
applicant actually engaged in disqualifying criminal activity.  As part of its 
investigation, the PHA may obtain the police report associated with the arrest and 
consider the reported circumstances of the arrest. The PHA may also consider: 
− Any statements made by witnesses or the applicant not included in the 
police report 
− Whether criminal charges were filed 
− Whether, if filed, criminal charges were abandoned, dismissed, not 
prosecuted or ultimately resulted in an acquittal 
− Any other evidence relevant to determining whether or not the applicant 
engaged in disqualifying activity 
• Evidence of criminal conduct will be considered if it indicates a demonstrable risk to 
safety and/or property 
• Evidence of the applicant family’s participation in or willingness to participate in social 
service or other appropriate counseling service programs 
• In the case of drug or alcohol abuse, whether the culpable household member is 
participating in or has successfully completed a supervised drug or alcohol rehabilitation 
program or has otherwise been rehabilitated successfully 
The PHA will require the applicant to submit evidence of the household 
member’s current participation in or successful completion of a supervised drug 
or alcohol rehabilitation program, or evidence of otherwise having been 
rehabilitated successfully. 
Removal of a Family Member's Name from the Application 
Should the PHA’s screening process reveal that an applicant’s household includes an individual 
subject to state lifetime registered sex offender registration; the PHA must offer the family the 
opportunity to remove the ineligible family member from the household.  If the family is 
unwilling to remove that individual from the household, the PHA must deny admission to the 
family. [Notice PIH 2012-29]. 
For other criminal activity, the PHA may permit the family to exclude the culpable family 
members as a condition of eligibility. [24 CFR §960.203(c) (3)(i)]. 
PHA Policy 
As a condition of receiving assistance, a family may agree to remove the culpable family 
member from the application. In such instances, the head of household must certify that 
the family member will not be permitted to visit or to stay as a guest in the public housing 
unit. 
 
After admission to the program, the family must present evidence of the former family 
member’s current address upon PHA request.

3-30 
 
Reasonable Accommodation [PH Occ GB, pp. 58-60] 
If the family includes a person with disabilities, the PHA’s decision concerning denial of 
admission is subject to consideration of reasonable accommodation in accordance with 24 CFR 
Part 8. 
PHA Policy 
If the family indicates that the behavior of a family member with a disability is the reason 
for the proposed denial of admission, the PHA will determine whether the behavior is 
related to the disability. If so, upon the family’s request, the PHA will determine whether 
alternative measures are appropriate as a reasonable accommodation. The PHA will only 
consider accommodations that can reasonably be expected to address the behavior that is 
the basis of the proposed denial of admission. See Chapter 2 for a discussion of 
reasonable accommodation. 
3-III.F. Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating 
Violence, Sexual Assault, or Stalking 
The Violence against Women Act of 2013 (VAWA) and the HUD regulations at 24 CFR 
§5.2005(b) prohibit PHAs from denying admission to an otherwise qualified applicant on the 
basis or as a direct result of the fact that the applicant is or has been a victim of domestic 
violence, dating violence, sexual assault, or stalking. 
Definitions of key terms used in VAWA are provided in Section 16-VII of this ACOP, where 
general VAWA requirements and policies pertaining to notification, documentation, and 
confidentiality are also located. 
Notification 
VAWA 2013 expanded notification requirements to include the obligation for PHAs to provide 
applicants who are denied assistance with a notice of VAWA Notice of Occupancy Rights (form 
HUD-5380) and a domestic violence certification form (HUD-5382) at the time the applicant is 
denied. 
PHA Policy 
The PHA acknowledges that a victim of domestic violence, dating violence, sexual assault, or 
stalking may have an unfavorable history (e.g., a poor credit history, poor rental history, a record 
of previous damage to an apartment, a prior arrest record) due to adverse factors that would 
warrant denial under the PHA’s policies. 
While the PHA is not required to identify whether adverse factors that resulted in the applicant’s 
denial are a result of domestic violence, dating violence, sexual assault, or stalking, the applicant 
may inform the PHA that their status as a victim is directly related to the grounds for the denial. 
The PHA will request that the applicant provide enough information to the PHA to allow the 
PHA to make an objectively reasonable determination, based on all circumstances, whether the 
adverse factor is a direct result of their status as a victim.

3-31 
 
Therefore, if the PHA makes a determination to deny admission to an applicant family, the PHA 
will include in its notice of denial information about the protection against denial provided by 
VAWA in accordance with Section 16-VII.C of this ACOP, a notice of VAWA rights, and a 
copy of the form HUD-5382. The PHA will request in writing that an applicant wishing to claim 
this protection notify the PHA within 14 business days. 
Documentation 
Victim Documentation [24 CFR §5.2007] 
PHA Policy 
If an applicant claims the protection against denial of admission that VAWA provides to 
victims of domestic violence, dating violence, sexual assault, or stalking, the PHA will 
request in writing that the applicant provide documentation supporting the claim in 
accordance with Section 16-VII.D of this ACOP. 
Perpetrator Documentation 
PHA Policy 
If the perpetrator of the abuse is a member of the applicant family, the applicant must 
provide additional documentation consisting of one of the following: 
• A signed statement (1) requesting that the perpetrator be removed from the 
application and (2) certifying that the perpetrator will not be permitted to visit or to 
stay as a guest in the public housing unit 
• Documentation that the perpetrator has successfully completed, or is successfully 
undergoing, rehabilitation or treatment. The documentation must be signed by an 
employee or agent of a domestic violence service provider or by a medical or other 
knowledgeable professional from whom the perpetrator has sought or is receiving 
assistance in addressing the abuse. The signer must attest under penalty of perjury 
to his or her belief that the rehabilitation was successfully completed or is 
progressing successfully. The victim and perpetrator must also sign or attest to the 
documentation. 
3-III.G. NOTICE OF ELIGIBILITY OR DENIAL 
The PHA will notify an applicant family of its final determination of eligibility in accordance 
with the policies in Section 4-III.E. 
If a PHA uses a criminal record or sex offender registration information obtained under 24 CFR 
5, Subpart J, as the basis of a denial, a copy of the record must precede the notice to deny, with 
an opportunity for the applicant to dispute the accuracy and relevance of the information before 
the PHA can move to deny the application. In addition, a copy of the record must be provided to 
the subject of the record [24 CFR §5.903(f) and §5.905(d)].

3-32 
 
PHA Policy 
If, based on a criminal record or sex offender registration information an applicant family 
appears to be ineligible, the PHA will notify the family in writing of the proposed denial 
and provide a copy of the record to the applicant and to the subject of the record. The 
family will be given 10 business days to dispute the accuracy and relevance of the 
information. If the family does not contact the PHA to dispute the information within that 
10 day period, the PHA will proceed with issuing the notice of denial of admission. A 
family that does not exercise their right to dispute the accuracy of the information prior to 
issuance of the official denial letter will still be given the opportunity to do so as part of 
the informal hearing process. 
Notice requirements related to denying admission to noncitizens are contained in Section 3-II.B. 
Notice policies related to denying admission to applicants who may be victims of domestic 
violence, dating violence, sexual assault, or stalking are contained in Section 3-III.F.

3-33 
 
EXHIBIT 3-1: Detailed Definitions Related To Disabilities 
Person with Disabilities [24 CFR §5.403] 
The term person with disabilities means a person who has any of the following types of 
conditions. 
Has a disability, as defined in 42 U.S.C. Section 423(d)(1)(A), which reads: 
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 
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. 
• Has a developmental disability as defined in the Developmental Disabilities Assistance and 
Bill of Rights Act of 2000 [42 U.S.C.15002(8)], which defines developmental disability in 
functional terms as follows: 
(A) IN GENERAL - The term developmental disability means a severe, chronic disability 
of an individual that- 
(i) is attributable to a mental or physical impairment or combination of mental and 
physical impairments; 
(ii) is manifested before the individual attains age 22; 
(iii) is likely to continue indefinitely; 
(iv) results in substantial functional limitations in 3 or more of the following areas of 
major life activity: (I) self-care, (II) receptive and expressive language, (III) learning, 
(IV) mobility, (V) self-direction, (VI) capacity for independent living, (VII) 
economic self-sufficiency; and 
(v) reflects the individual’s need for a combination and sequence of special, 
interdisciplinary, or generic services, individualized supports, or other forms of 
assistance that are of lifelong or extended duration and are individually planned and 
coordinated. 
(B) INFANTS AND YOUNG CHILDREN – An individual from birth to age 9, inclusive, 
who has a substantial developmental delay or specific congenital or acquired condition, 
may be considered to have a developmental disability without meeting 3 or more of the 
criteria described in clauses (i) through (v) of subparagraph (A) if the individual, 
without services and supports, has a high probability of meeting those criteria later in 
life. 
• 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

3-34 
 
independently, and is of such a nature that the ability to live independently could 
be improved by more suitable housing conditions. 
People with the acquired immunodeficiency syndrome (AIDS) or any conditions arising from the 
etiologic agent for AIDS are not excluded from this definition. 
A person whose disability is based solely on any drug or alcohol dependence does not qualify as 
a person with disabilities for the purposes of this program. 
For purposes of reasonable accommodation and program accessibility for persons with 
disabilities, the term person with disabilities refers to an individual with handicaps.  
Individual with Handicaps [24 CFR §8.3] 
Individual with handicaps means any person who has a physical or mental impairment that 
substantially limits one or more major life activities; has a record of such an impairment, or is 
regarded as having such an impairment. The term does not include any individual who is an 
alcoholic or drug abuser whose current use of alcohol or drugs prevents the individual from 
participating in the program or activity in question, or whose participation, by reason of such 
current alcohol or drug abuse, would constitute a direct threat to property or the safety of others. 
As used in this definition, the phrase: 
(1) Physical or mental impairment includes: 
(a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss 
affecting one or more of the following body systems: neurological; musculoskeletal; 
special sense organs; respiratory, including speech organs; cardiovascular; reproductive; 
digestive; genito-urinary; hemic and lymphatic; skin; and endocrine 
(b) Any mental or psychological disorder, such as mental retardation, organic brain 
syndrome, emotional or mental illness, and specific learning disabilities. The term 
physical or mental impairment includes, but is not limited to, such diseases and 
conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, 
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental 
retardation, emotional illness, drug addiction and alcoholism. 
(2) Major life activities means functions such as caring for one's self, performing manual tasks, 
walking, seeing, hearing, speaking, breathing, learning and working. 
(3) Has a record of such an impairment means has a history of, or has been misclassified as 
having, a mental or physical impairment that substantially limits one or more major life 
activities. 
(4) Is regarded as having an impairment means: 
(a) Has a physical or mental impairment that does not substantially limit one or more major 
life activities but that is treated by a recipient as constituting such a limitation 
(b) Has a physical or mental impairment that substantially limits one or more major life 
activities only as a result of the attitudes of others toward such impairment 
(c) Has none of the impairments defined in paragraph (a) of this section but is treated by a 
recipient as having such an impairment

4-1 
 
Chapter 4  
APPLICATIONS, WAITING LIST, AND TENANT SELECTION 
INTRODUCTION 
When a family wishes to reside in public housing, the family must submit a pre-application that 
provides the PHA with the information needed to make a preliminary determination of the 
family’s eligibility. HUD requires the PHA to place all eligible families that apply for public 
housing on a waiting list. When a unit becomes available, the PHA must select families from the 
waiting list in accordance with HUD requirements and PHA policies as stated in its Admissions 
and Continued Occupancy Policy (ACOP) and its annual plan. 
The PHA is required to adopt a clear approach to accepting applications, placing families on the 
waiting list, and selecting families from the waiting list, and must follow this approach 
consistently. The actual order in which families are selected from the waiting list can be affected 
if a family has certain characteristics designated by HUD or the PHA to receive preferential 
treatment. 
HUD regulations require that the PHA comply with all equal opportunity requirements and it 
must affirmatively further fair housing goals in the administration of the program [24 CFR 
§960.103, PH Occ GB p. 13].  Adherence to the selection policies described in this chapter 
ensures that the PHA will be in compliance with all relevant fair housing requirements, as 
described in Chapter 2. 
This chapter describes HUD and PHA policies for accepting applications, managing the waiting 
list, and selecting families from the waiting list. The PHAs policies for assigning unit size and 
making unit offers are contained in Chapter 5. Together, Chapters 4 and 5 of the ACOP comprise 
the PHA’s Tenant Selection and Assignment Plan (TSAP). 
The policies outlined in this chapter are organized into three sections, as follows: 
Part I: The Application Process. This part provides an overview of the application 
process, and discusses how applicants can obtain and submit applications.  It also 
specifies how the PHA will handle the applications it receives. 
Part II: Managing the Waiting List. This part presents the policies that govern how the 
PHA’s waiting list is structured, when it is opened and closed, and how the public is 
notified of the opportunity to apply for public housing. It also discusses the process the 
PHA will use to keep the waiting list current. 
Part III: Tenant Selection. This part describes the policies that guide the PHA in 
selecting families from the waiting list as units become available. It also specifies how in-
person interviews will be used to ensure that the PHA has the information needed to 
make a final eligibility determination.

4-2 
 
PART I: THE APPLICATION PROCESS 
4-I.A. OVERVIEW 
This part describes the policies that guide the PHA’s efforts to distribute and accept pre-
applications/applications, and to make preliminary determinations of applicant family eligibility 
that affect placement of the family on the waiting list. This part also describes the PHA’s 
obligation to ensure the accessibility of the application process. 
4-I.B. APPLYING FOR ASSISTANCE 
Any family that wishes to reside in public housing must apply for admission to the program [24 
CFR §1.4(b)(2)(ii), 24 CFR §960.202(a)(2)(iv), and PH Occ GB, p. 68]. HUD permits the PHA 
to determine the format and content of its applications, as well how such applications will be 
made available to interested families, and how applications will be accepted by the PHA.  
However, the PHA must include Form HUD-92006, Supplement to Application for Federally 
Assisted Housing, as part of the PHA’s application [Notice PIH 2009-36]. 
PHA Policy 
Families wishing to apply will be required to complete a pre-application. No one will be 
denied the right to request or submit a pre-application when the waitlist is open. The PHA 
will utilize an online application process. Applicants may use any computer, tablet, or 
smart phone with internet access to apply. Alternate formats will be available for 
Reasonable Accommodations. Alternate formats may include requesting a pre-
application for reasonable accommodation, modification, and auxiliary aids or services 
by contacting the PHA office. Applicants may also submit a paper pre-application by 
email, by fax, by telephone, or in person at the PHA office. The PHA will also strive to 
accommodate those that may not have internet access to a computer at the Chandler 
Public Libraries. 
The PHA required two-step process will be used when it is expected that a family will 
not be selected from the waiting list for at least 60 days from the date of pre-application. 
Under the two-step application process, the applicant must complete a Pre-Application. 
During the Pre-Application process, the PHA initially will require families to provide 
only the information needed to make an initial assessment of the family’s placement on 
the waitlist. The family will be required to provide all of the information necessary to 
establish family eligibility and the amount of rent the family will pay when selected 
from the waiting list. 
4-I.C. ACCESSIBILITY OF THE APPLICATION PROCESS 
The PHA must take a variety of steps to ensure that the application process is accessible to those 
people who might have difficulty complying with the standard PHA application process.

4-3 
 
Elderly or Disabled Populations [24 CFR §8; PH Occ GB, p. 68] 
The PHA must provide reasonable accommodation as needed for elderly persons or persons with 
disabilities to make the application process fully accessible. The facility where applications are 
accepted and the application process must be fully accessible or the PHA must provide an 
alternate approach that provides equal access to the program.  Chapter 2 provides a full 
discussion of the PHA’s policies related to providing reasonable accommodations for people 
with disabilities. 
The PHA will provide for alternate format pre-applications to the online application process for 
persons requiring a reasonable accommodation that have been approved by the City of Chandler 
Housing and Redevelopment Division. 
Limited English Proficiency (LEP) 
PHAs are required to take reasonable steps to ensure meaningful access to their programs and 
activities by persons with Limited English Proficiency (LEP) [24 CFR 1]. Chapter 2 provides a 
full discussion on the PHA’s policies related to ensuring access to people with Limited English 
Proficiency (LEP). 
4-I.D. PLACEMENT ON THE WAITING LIST 
The PHA must accept applications from families for whom the list is open unless there is good 
cause for not accepting the application (such as denial of assistance) for the grounds stated in the 
regulations [24 CFR §982.206(b)(2)]. 
The PHA will accept applications only from approved methods.  The PHA will not accept 
duplicate applications for the same program. 
The PHA reserves the right to review pre-applications for an initial assessment prior to placing 
on the waiting list. 
No applicant has a right or entitlement to be listed on the waiting list, or to any particular 
position on the waiting list. 
Eligible for Placement on the Waiting List 
PHA Policy 
The PHA will utilize a random lottery selection for pre-application placement on the 
waitlist. All interested persons are encouraged to apply. Once the waitlist closes, all 
accepted pre-applications will be shuffled randomly through a computerized selection 
process and each pre-application will be given a sequential waitlist number based on 
where their pre-application fell during the shuffle. The sequential number will be the pre-
application’s waitlist number. Because the PHA reserves the right to limit the number of 
pre-applications placed on an established waitlist, only those pre-applications with a 
waitlist number less than, or equal to, the pre-determined number of pre-applications, will 
be placed on the waitlist and become part of the established waitlist. Those pre-

4-4 
 
applications with a waitlist number greater than the pre-determined number of pre-
applications to be placed on the waitlist will be denied. (Note: Pre-applicants are 
encouraged to claim preferences for which they qualify, but these preferences will only 
be taken into consideration at the point when a pre-applicant is selected from the waitlist 
to start the eligibility process. Pre-applicants with preferences will be selected from an 
established waitlist before pre-applicants without preferences.) 
 
Only pre-applicants who submitted a completed pre-application prior to the deadline will 
be placed on the list for selection in the random lottery selection process. The PHA 
reserves the right to select from the pre-applicant list a pre-determined number of pre-
applications to move to the waitlist. For each public posting, the PHA will assess the 
needs at the time of the waitlist and the pre-determined number of waitlist spots will be 
posted on the public notice.  Applicants will receive written notification through the mail 
via U.S. Postal Service that their pre-application has been placed on the waitlist or that 
their pre-application has been denied, notification will be done within 60 to 90 days of 
closing of the pre-application period. 
 
Waitlist numbers will not be disclosed at any time while an applicant is on a waitlist. 
Applicants may access their online account to determine if their application is still active, 
or they may make inquiries at the housing office. 
 
The PHA will assign families on the waiting list according to the bedroom size for which 
a family qualifies as established in its occupancy standards (see Chapter 5). 
 
Placement on the waiting list does not indicate that the family is, in fact, eligible for 
assistance. A final determination of eligibility will be made when the family is selected 
from the waiting list. 
 
The second phase is when the family is selected from the waiting list. This is called 
Eligibility, during which time the PHA will verify any preference(s) claimed and 
determine eligibility and suitability for admission to the program (See Chapter 3).

4-5 
 
PART II: MANAGING THE WAITING LIST 
4-II.A. OVERVIEW 
The PHA must have policies regarding the type of waiting list it will utilize as well as how the 
waiting list will be organized and managed. This includes policies on notifying the public on the 
opening and closing of the waiting list to new applicants, updating family information, purging 
the list of families that are no longer interested in or eligible for public housing, and conducting 
outreach to ensure a sufficient number of applicants. 
In addition, HUD imposes requirements on how the PHA may structure its waiting list and how 
families must be treated if they apply for public housing at a PHA that administers more than one 
assisted housing program. 
4-II.B. ORGANIZATION OF THE WAITING LIST 
The PHA’s public housing waiting list must be organized in such a manner to allow the PHA to 
accurately identify and select families in the proper order, according to the admissions policies 
described in this ACOP. 
PHA Policy 
The waiting list will contain the following information for each applicant listed: 
• Name and identifying number of head of household; 
• Unit size (family members), based on applicant information supplied on the pre-
application; 
• Amount annual income; 
• Date and time of application/ application number; 
• Race and ethnicity of the head of household; 
• Disabled or Elderly status of head of household; 
• Preference points, based on applicant information supplied on the pre-application 
• The specific site(s) selected (only if PHA offers site-based waiting lists) 
The PHA may adopt one community-wide waiting list or site-based waiting lists. The PHA must 
obtain approval from HUD through submission of its Annual Plan before it may offer site-based 
waiting lists.  Site-based waiting lists allow families to select the development where they wish 
to reside and must be consistent with all applicable civil rights and fair housing laws and 
regulations [24 CFR §903.7(b)(2)]. 
PHA Policy 
The PHA will maintain one single community-wide waiting list for its developments.  
Within the list, the PHA will designate subparts to easily identify who should be offered 
the next available unit (i.e. mixed populations, general occupancy, unit size, and 
accessible units).

4-6 
 
The PHA will not adopt site-based waiting lists. 
HUD requires that public housing applicants must be offered the opportunity to be placed on the 
waiting list for any tenant-based or project-based voucher or moderate rehabilitation program 
that the PHA operates if 1) the other programs’ waiting lists are open, and 2) the family is 
qualified for the other programs [24 CFR §982.205(a)(2)(i)]. 
HUD permits, but does not require, that PHAs maintain a single merged waiting list for their 
public housing, Section 8, and other subsidized housing programs [24 CFR §982.205(a)(1)]. 
PHA Policy 
The PHA will not merge the public housing waiting list with the waiting list for any other 
program the PHA operates. 
4-II.C. OPENING AND CLOSING THE WAITING LIST 
Closing the Waiting List 
The PHA is permitted to close the waiting list, in whole or in part, if it has an adequate pool of 
families to fully lease units in all of its developments, or for administrative reasons.  The PHA 
may close the waiting list completely, or restrict intake by preference, type of project, or by size 
and type of dwelling unit. [PH Occ GB, p. 31]. 
PHA Policy 
The PHA will disclose in the public notice the close of the waitlist. The PHA reserves the 
right to close the waiting list when the estimated waiting period for housing applicants on 
the list reaches 24 months, or the PHA will assess the needs at the time of the waitlist and 
the pre-determined number of waitlist spots will be posted on the public notice or for 
administrative reasons. Where the PHA has particular preferences or other criteria that 
require a specific category of family, the PHA may elect to continue to accept 
applications from these applicants while closing the waiting list to others. 
 
The PHA reserved the right to select from the applicant pool a pre-determined number of 
applicants to move to the waitlist. For each posting, the PHA will assess the needs at the 
time of the waitlist and the pre-determine number of waitlist spots will be posted on the 
public notice. 
Reopening the Waiting List 
If the waiting list has been closed, it may be reopened at any time. The PHA should publish a 
notice announcing the opening of the waiting list in local newspapers of general circulation, 
minority media, and other suitable media outlets. Such notice must comply with HUD fair 
housing requirements. The PHA should specify who may apply, and where and when 
applications will be received.

4-7 
 
PHA Policy 
The PHA will announce the reopening of the waiting list at least 10 business days prior to 
the date applications will first be accepted. If the list is only being reopened for certain 
categories of families, this information will be contained in the notice. The notice will 
specify where, when, and how applications are to be received. 
 
The PHA will give public notice by publishing the relevant information in suitable media 
outlets including, but not limited to: 
 
• East Valley Tribune 
• All Arizona PHA’s 
• City Scope 
• Local Social Service Agencies 
• ChanWeb 
• Channel 11 Public Service 
• La Voz 
 
 
 
4-II.D. FAMILY OUTREACH [24 CFR §903.2(D); 24 CFR §903.7(A) AND (B)] 
The PHA should conduct outreach as necessary to ensure that the PHA has a sufficient number 
of applicants on the waiting list to fill anticipated vacancies and to assure that the PHA is 
affirmatively furthering fair housing and complying with the Fair Housing Act. 
Because HUD requires the PHA to admit a specified percentage of extremely low income 
families, the PHA may need to conduct special outreach to ensure  an adequate number of such 
families apply for public housing. 
PHA outreach efforts must comply with fair housing requirements. This includes: 
• Analyzing the housing market area and the populations currently being served to identify 
underserved populations 
• Ensuring that outreach efforts are targeted to media outlets that reach eligible populations 
that are underrepresented in the program 
• Avoiding outreach efforts that prefer or exclude people who are members of a protected 
class 
PHA outreach efforts must be designed to inform qualified families about the availability of units 
under the program. These efforts may include, as needed, any of the following activities: 
• Submitting press releases to local newspapers, including minority newspapers 
• Developing informational materials and flyers to distribute to other agencies 
• Providing application forms to other public and private agencies that serve the low 
income population 
• Developing partnerships with other organizations that serve similar populations, 
including agencies that provide services for persons with disabilities

4-8 
 
PHA Policy 
The PHA will monitor the characteristics of the population being served and the 
characteristics of the population as a whole in the PHA’s jurisdiction. Targeted outreach 
efforts will be undertaken if a comparison suggests that certain populations are being 
underserved. 
4-II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES 
PHA Policy 
While the family is on the waiting list, the family must inform the PHA, within 10 
business days, of changes in family size or composition, preference status, or contact 
information, including current residence, mailing address, and phone number. The 
changes must be submitted in writing either through the applicant’s online account or on 
a Change Report form.  If using a Change Report form, the applicant copy of the form 
must be time and date stamped by the City of Chandler Housing office to be considered 
valid. The copy of the form will be provided to the participant. 
 
Upon completion of the online resident system, the family will be urged to use the PHA 
website/online process for submitting Change Report. 
 
Changes in an applicant's circumstances while on the waiting list may affect the family's 
qualification for a particular bedroom size or entitlement to a preference. When an 
applicant reports a change that affects their placement on the waiting list, the waiting list 
will be updated accordingly. Families with preferences will be selected before families 
not claiming a preference. 
4-II.F. UPDATING THE WAITING LIST 
HUD requires the PHA to establish policies that describe the circumstances under which 
applicants will be removed from the waiting list [24 CFR §960.202(a)(2)(iv)]. 
Purging the Waiting List 
The decision to remove an applicant family that includes a person with disabilities from the 
waiting list is subject to reasonable accommodation. If the applicant did not respond to the 
PHA’s request for information or updates because of the family member’s disability, the PHA 
must, upon the family’s request, reinstate the applicant family to their former position on the 
waiting list as a reasonable accommodation [24 CFR §8.4(a), 24 CFR §100.204(a), and PH Occ 
GB, p. 39 and 40]. See Chapter 2 for further information regarding reasonable accommodations. 
PHA Policy 
The waiting list will be purged every other year to ensure that all applicant information is 
current. 
 
To update the waiting list, the PHA will send an update request via first class mail to each 
family on the waiting list to determine whether the family continues to be interested in,

4-9 
 
and to qualify for, the program. This update request will be sent to the last address that 
the PHA has on record for the family. The update request will provide a deadline by 
which the family must respond and will state that failure to respond will result in the 
applicant’s name being removed from the waiting list. 
 
Families must respond via the online system on or before the due date or respond by mail 
as indicated in purge letter instructions.  Responses should be postmarked or received by 
the PHA not later than 15 business days from the date of the PHA letter. 
 
If the family fails to respond within 14 business days, the family will be removed from 
the waiting list and the notice will be mailed to the last address of record or other address 
provided by the applicant. 
 
If the notice is returned by the post office with no forwarding address, the applicant will 
be removed from the waiting list and a notice mailed to the last address of record or other 
address provided by the applicant. 
 
If the notice is returned by the post office with a forwarding address, the notice will be re-
sent to the address indicated. The family will have 14 business days to respond from the 
date the letter was re-sent. If the family fails to respond within this time frame, the family 
will be removed from the waiting list and a notice mailed to the last address of record. 
 
When a family is removed from the waiting list during the update process for failure to 
respond, an informal hearing may be offered. Such failures to act on the part of the 
applicant prevent the PHA from making an eligibility determination. 
 
If a family is removed from the waiting list for failure to respond, management may 
reinstate the family if the lack of response was due to PHA error, or to circumstances 
beyond the family’s control. If the lack of response was due to circumstances beyond the 
family’s control, the family will need to provide a written statement outlining the issue 
and the evidence to support the claim. 
Removal from the Waiting List 
PHA Policy 
The PHA will remove an applicant from the waiting list upon written request by the 
applicant family. In such cases, no informal hearing is required. 
 
If the PHA determines that the family is not eligible for admission (see Chapter 3) at any 
time while the family is on the waiting list the family will be removed from the waiting 
list. 
 
If a family is removed from the waiting list because the PHA has determined the family is 
not eligible for admission, a notice will be sent to the family’s address of record as well 
as to any alternate address provided on an informal review request. The notice will state 
the reasons the family was removed from the waiting list and will inform the family how

4-10 
 
to request an informal hearing regarding the PHA’s decision (see Chapter 14) [24 CFR 
§960.208(a)]. 
 
The family will also be removed from the waiting list for failure to respond to a request 
for information, such as during the purge process (see Section 4-II.F).

4-11 
 
PART III: TENANT SELECTION 
4-III.A. OVERVIEW 
The PHA must establish tenant selection policies for families being admitted to public housing 
[24 CFR §960.201(a)].  The PHA must not require any specific income or racial quotas for any 
developments [24 CFR §903.2(d)].  The PHA must not assign persons to a particular section of a 
community or to a development or building based on race, color, religion, sex, disability, familial 
status or national origin for purposes of segregating populations [24 CFR §1.4(b) and 24 CFR 
§903.2(d)]. 
The order in which families will be selected from the waiting list depends on the selection 
method chosen by the PHA and is impacted in part by any selection preferences that the family 
qualifies for. The availability of units also may affect the order in which families are selected 
from the waiting list. 
The PHA must maintain a clear record of all information required to verify that the family is 
selected from the waiting list according to the PHA’s selection policies [24 CFR 
§960.206(e)(2)].  The PHA’s policies must be posted any place where the PHA receives 
applications. The PHA must provide a copy of its tenant selection policies upon request to any 
applicant or tenant. The PHA may charge the family for providing a copy of its tenant selection 
policies [24 CFR §960.202(c)(2)]. 
PHA Policy 
When an applicant or resident family requests a copy of the PHA’s tenant selection 
policies, the PHA will provide copies to them free of charge. 
4-III.B. SELECTION METHOD 
PHAs must describe the method for selecting applicant families from the waiting list, including 
the system of admission preferences that the PHA will use. 
Local Preferences [24 CFR §960.206] 
PHAs are permitted to establish local preferences and to give priority to serving families that 
meet those criteria. HUD specifically authorizes and places restrictions on certain types of local 
preferences. HUD also permits the PHA to establish other local preferences, at its discretion. 
Any local preferences established must be consistent with the PHA plan and the consolidated 
plan, and must be based on local housing needs and priorities that can be documented by 
generally accepted data sources [24 CFR §960.206(a)]. 
These preferences will not have the purpose or effect of delaying or otherwise denying admission 
to the program based on the race, color, ethnic origin, gender, religion, disability, or age of any 
member of an applicant family [24 CFR §960.206].

4-12 
 
PHA Policy 
Families will be selected from the waitlist in numeric order, based on a family’s assigned 
sequential number with consideration provided for eligible preferences. Families with a 
preference will be selected before families without a preference. Preferences will be 
calculated in a “lumping” order, whereby, a family with one preference will have the 
same number of points as a family with multiple preferences. 
 
The PHA uses the following Local Preferences: 
A. Displaced person(s): Individuals or families displaced by local government action or 
whose dwelling has been extensively damaged or destroyed as a result of a disaster 
declared or otherwise formally recognized pursuant to Federal disaster relief laws. 
B. Living or Working in Chandler: Applicant must physically live, work, or hired to work in 
City of Chandler. 
C. Chronically Homeless: The following definition must be met.  A chronically homeless 
person as defined by the U.S. Department of HUD (24 CFR§ 570.3): (1) A “homeless 
individual with a disability,” as defined in Section 401(9) of the McKinney–Vento 
Homeless Assistance Act (42 U.S.C. 11360(9)), who: (i) Lives in a place not meant for 
human habitation, a safe haven, or in an emergency shelter; and ii) Has been homeless 
and living as described in paragraph (1)(i) of this definition continuously for at least 12 
months or on at least 4 separate occasions in the last 3 years, as long as the combined 
occasions equal at least 12 months and each break in homelessness separating the 
occasions included at least 7 consecutive nights of not living as described in paragraph 
(1)(i). Stays in institutional care facilities for fewer than 90 days will not constitute as a 
break in homelessness, but rather such stays are included in the 12–month total, as long 
as the individual was living or residing in a place not meant for human habitation, a safe 
haven, or an emergency shelter immediately before entering the institutional care facility; 
(2) An individual who has been residing in an institutional care facility, including a jail, 
substance abuse or mental health treatment facility, hospital, or other similar facility, for 
fewer than 90 days and met all of the criteria in paragraph (1) of this definition, before 
entering that facility; or (3) A family with an adult head of household (or if there is no 
adult in the family, a minor head of household) who meets all of the criteria in paragraph 
(1) or (2) of this definition, including a family whose composition has fluctuated while 
the head of household has been homeless. 
D. Currently Employed/Employment Program: Families whose Head, Spouse, Head, or Sole 
Member is employed.  Applicants with an adult family member enrolled in an 
employment training program or currently working (20) hours a week, or attending 
school on a full-time basis.  Working hours must be attributed to only one family 
member.  Family cannot combine work hours. 
E. Elderly families where the head of household or spouse is at least 62+ years of age. 
F. Disabled families and families with a disabled household member.

4-13 
 
The above preferences are not weighted and will be used in a “lumping” manner so as to allow 
an applicant with one preference to have the same advantage as an applicant qualifying for all 
preferences. Applicants are encouraged to claim as many preferences for which they qualify. 
Verification of preferences will be conducted at the time of eligibility. Selected applicants going 
through the eligibility process who have claimed preferences for which they do not qualify and 
cannot verify will be returned to the waitlist and their pre-application will be updated with the 
correct preference information. 
Income Targeting Requirement [24 CFR §960.202(b)] 
HUD requires that extremely low-income (ELI) families make up at least 40 percent of the 
families admitted to public housing during the PHA’s fiscal year. ELI families are those with 
annual incomes at or below the federal poverty level or 30 percent of the area median income, 
whichever number is higher [Federal Register notice 6/25/14]. To ensure this requirement is 
met, the PHA may skip non-ELI families on the waiting list in order to select an ELI family. 
If a PHA also operates a housing choice voucher (HCV) program, admissions of extremely low-
income families to the PHA’s HCV program during a PHA fiscal year that exceed the 75 percent 
minimum target requirement for the voucher program, shall be credited against the PHA’s basic 
targeting requirement in the public housing program for the same fiscal year. However, under 
these circumstances the fiscal year credit to the public housing program must not exceed the 
lower of: (1) ten percent of public housing waiting list admissions during the PHA fiscal year; 
(2) ten percent of waiting list admissions to the PHA’s housing choice voucher program during 
the PHA fiscal year; or (3) the number of qualifying low-income families who commence 
occupancy during the fiscal year of PHA public housing units located in census tracts with a 
poverty rate of 30 percent or more. For this purpose, qualifying low-income family means a low-
income family other than an extremely low-income family. 
PHA Policy 
The PHA will monitor progress in meeting the ELI requirement throughout the fiscal 
year. ELI families will be selected ahead of other eligible families on an as-needed basis 
to ensure that the income targeting requirement is met. 
Mixed Population Developments [24 CFR §960.407] 
A mixed population development is a public housing development or portion of a development 
that was reserved for elderly families and disabled families at its inception (and has retained that 
character) or the PHA at some point after its inception obtained HUD approval to give 
preference in tenant selection for all units in the development (or portion of a development) to 
elderly and disabled families [24 CFR §960.102]. Elderly family means a family whose head, 
spouse, cohead, or sole member is a person who is at least 62 years of age. Disabled family 
means a family whose head, spouse, cohead, or sole member is a person with disabilities [24 
CFR §5.403]. The PHA must give elderly and disabled families equal preference in selecting 
these families for admission to mixed population developments. The PHA may not establish a 
limit on the number of elderly or disabled families that may occupy a mixed population 
development. In selecting elderly and disabled families to fill these units, the PHA must first

4-14 
 
offer the units that have accessibility features for families that include a person with a disability 
and require the accessibility features of such units. The PHA may not discriminate against 
elderly or disabled families that include children (Fair Housing Amendments Act of 1988). 
Units Designated for Elderly or Disabled Families [24 CFR §945] 
The PHA may designate projects or portions of a public housing project specifically for elderly 
or disabled families. The PHA must have a HUD-approved allocation plan before the designation 
may take place. 
Among the designated developments, the PHA must also apply any preferences that it has 
established. If there are not enough elderly families to occupy the units in a designated elderly 
development, the PHA may allow near-elderly families to occupy the units [24 CFR 
§945.303(c)(1)]. Near-elderly family means a family whose head, spouse, or cohead is at least 50 
years old, but is less than 62 [24 CFR §5.403]. 
If there are an insufficient number of elderly families and near-elderly families for the units in a 
development designated for elderly families, the PHA must make available to all other families 
any unit that is ready for re-rental and has been vacant for more than 60 consecutive days [24 
CFR §945.303(c)(2)]. 
The decision of any disabled family or elderly family not to occupy or accept occupancy in 
designated housing shall not have an adverse effect on their admission or continued occupancy in 
public housing or their position on or placement on the waiting list.  However, this protection 
does not apply to any family who refuses to occupy or accept occupancy in designated housing 
because of the race, color, religion, sex, disability, familial status, or national origin of the 
occupants of the designated housing or the surrounding area [24 CFR §945.303(d)(1) and (2)]. 
This protection does apply to an elderly family or disabled family that declines to accept 
occupancy, respectively, in a designated project for elderly families or for disabled families, and 
requests occupancy in a general occupancy project or in a mixed population project [24 CFR 
§945.303(d)(3)]. 
PHA Policy 
The PHA has designated elderly housing.  The PHA’s development with designated 
housing is as follows: 
Kingston Arms, 127 North Kingston 
When there are insufficient elderly families on the waiting list who wish to reside in a designated 
elderly development, near-elderly families will receive a preference over other families for 
designated elderly units. 
Deconcentration of Poverty and Income-Mixing [24 CFR §903.1 and §903.2] 
The PHA's admission policy must be designed to provide for deconcentration of poverty and 
income-mixing by bringing higher income tenants into lower income projects and lower income

4-15 
 
tenants into higher income projects. A statement of the PHA’s deconcentration policies must be 
included in its annual plan [24 CFR §903.7(b)]. 
The PHA’s deconcentration policy must comply with its obligation to meet the income targeting 
requirement [24 CFR §903.2(c)(5)]. 
Developments subject to the deconcentration requirement are referred to as ‘covered 
developments’ and include general occupancy (family) public housing developments. The 
following developments are not subject to deconcentration and income mixing requirements: 
developments operated by a PHA with fewer than 100 public housing units; mixed population or 
developments designated specifically for elderly or disabled families; developments operated by 
a PHA with only one general occupancy development; developments approved for demolition or 
for conversion to tenant-based public housing; and developments approved for a mixed-finance 
plan using HOPE VI or public housing funds [24 CFR §903.2(b)]. 
Steps for Implementation [24 CFR §903.2(c)(1)] 
To implement the statutory requirement to deconcentrate poverty and provide for income mixing 
in covered developments, the PHA must comply with the following steps: 
Step 1. The PHA must determine the average income of all families residing in all the PHA's 
covered developments. The PHA may use the median income, instead of average income, 
provided that the PHA includes a written explanation in its annual plan justifying the use of 
median income. 
PHA Policy 
The PHA will determine the average income of all families in all covered developments 
on an annual basis. 
Step 2. The PHA must determine the average income (or median income, if median income was 
used in Step 1) of all families residing in each covered development. In determining average 
income for each development, the PHA has the option of adjusting its income analysis for unit 
size in accordance with procedures prescribed by HUD. 
PHA Policy 
The PHA will determine the average income of all families residing in each covered 
development (not adjusting for unit size) on an annual basis. 
Step 3. The PHA must then determine whether each of its covered developments falls above, 
within, or below the established income range (EIR), which is from 85% to 115% of the average 
family income determined in Step 1. However, the upper limit must never be less than the 
income at which a family would be defined as an extremely low-income family (federal poverty 
level or 30 percent of median income, whichever number is higher). 
Step 4. The PHA with covered developments having average incomes outside the EIR must then 
determine whether or not these developments are consistent with its local goals and annual plan.

4-16 
 
Step 5. Where the income profile for a covered development is not explained or justified in the 
annual plan submission, the PHA must include in its admission policy its specific policy to 
provide for deconcentration of poverty and income mixing. 
Depending on local circumstances the PHA’s deconcentration policy may include, but is not 
limited to the following: 
• Providing incentives to encourage families to accept units in developments where their 
income level is needed, including rent incentives, affirmative marketing plans, or added 
amenities 
• Targeting investment and capital improvements toward developments with an average 
income below the EIR to encourage families with incomes above the EIR to accept units 
in those developments 
• Establishing a preference for admission of working families in developments below the 
EIR 
• Skipping a family on the waiting list to reach another family in an effort to further the 
goals of deconcentration 
• Providing other strategies permitted by statute and determined by the PHA in 
consultation with the residents and the community through the annual plan process to be 
responsive to local needs and PHA strategic objectives 
A family has the sole discretion whether to accept an offer of a unit made under the PHA's 
deconcentration policy. The PHA must not take any adverse action toward any eligible family 
for choosing not to accept an offer of a unit under the PHA's deconcentration policy [24 CFR 
§903.2(c)(4)]. 
If, at annual review, the average incomes at all general occupancy developments are within the 
EIR, the PHA will be considered to be in compliance with the deconcentration requirement and 
no further action is required. 
PHA Policy 
For developments outside the EIR the PHA will take the following actions to provide for 
deconcentration of poverty and income mixing: 
 
The PHA's Deconcentration Policy, as described in the PHA Plan, may include skipping 
of families on the waiting list in order to bring families above the established income 
range into developments below the established income range, and to bring families below 
the established income range into developments above the established income range. 
Order of Selection [24 CFR §960.206(e)] 
The PHA system of preferences may select families either according to the date and time of 
application or by a random selection process.

4-17 
 
PHA Policy 
The PHA will utilize a lottery system and families will be selected from the waitlist in 
numeric order, based on a family’s assigned sequential number with consideration 
provided for eligible preferences. Families with a preference will be selected before 
families without a preference. Preferences will be calculated in a “lumping” order, 
whereby, a family with one preference will have the same number of points as a family 
with multiple preferences. The methods and formats of pre-applications will be posted in 
each notice and will depend upon the needs at the time the waitlist is opened. 
 
When selecting applicants from the waiting list, the PHA will match the characteristics of 
the available unit (unit size, accessibility features, unit type) to the applicants on the 
waiting lists. The PHA will offer the unit to the highest ranking applicant who qualifies 
for that unit size or type, or that requires the accessibility features. 
 
By matching unit and family characteristics, it is possible that families who are lower on 
the waiting list may receive an offer of housing ahead of families with an earlier date and 
time of application or higher preference status. 
 
Factors such as deconcentration or income mixing and income targeting will also be 
considered in accordance with HUD requirements and PHA policy. 
4-III.C. NOTIFICATION OF SELECTION 
When the family has been selected from the waiting list, the PHA must notify the family [24 
CFR §960.208]. 
PHA Policy 
The PHA will notify the family by first class mail when it is selected from the waiting 
list. 
 
The notice will inform the family of the following: 
− Date, time, and location of the eligibility interview, or process for obtaining an 
eligibility interview appointment, and any procedures for rescheduling the 
interview; 
− Who is required to attend the interview; 
− All eligibility documents that must be provided, including information about what 
constitutes acceptable documentation, and due dates; 
− Documents that must be provided at the interview to document eligibility for a 
preference, if applicable; and 
− Other documents and information that should be brought to the interview. 
If a notification letter is returned to the PHA with no forwarding address or the online system is 
not updated with the current information to maintain active status on the waiting list, the family 
will be removed from the waiting list without further notice. Such failure to act on the part of the

4-18 
 
applicant prevents the PHA from making an eligibility determination; however, an informal 
review may be requested. 
4-III.D. THE APPLICATION INTERVIEW 
HUD recommends that the PHA obtain the information and documentation needed to make an 
eligibility determination through a private interview. Being invited to attend an interview does 
not constitute admission to the program. 
Assistance cannot be provided to the family until all SSN documentation requirements are met. 
However, if the PHA determines that an applicant family is otherwise eligible to participate in 
the program, the family may retain its place on the waiting list for a period of time determined by 
the PHA [Notice PIH 2018-24]. 
Reasonable accommodation must be made for elderly persons or persons with disabilities who 
are unable to attend an interview due to their disability [24 CFR §8.4(a) and 24 CFR 
§100.204(a)]. 
PHA Policy 
Families selected from the waiting list are required to participate in an eligibility 
interview. 
 
The head of household and all adult family members will be strongly encouraged to 
attend the interview together. However, the head of household, 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 begin until signed 
release forms are returned to the PHA. 
 
The interview will be conducted only if the head of household, or spouse, or legal 
representative provides appropriate documentation of legal identity (Chapter 7 provides a 
discussion of proper documentation of legal identity). If the family representative does 
not provide the required documentation at the time of the scheduled interview, they will 
be required to provide the documentation within 10 business days. 
 
Pending disclosure and documentation of social security numbers, the PHA will allow the 
family to retain its place on the waiting list for thirty (30) days. 
 
If the family is claiming a waiting list preference, the family must provide documentation 
to verify their eligibility for a preference (see Chapter 7). If the family is verified as 
eligible for the preference, the PHA will proceed with the interview. If the PHA 
determines the family is not eligible for the preference, the interview will not proceed and 
the family will be placed back on the waiting list according to the date and time of their 
application.

4-19 
 
The family must provide the information necessary to establish the family’s eligibility, 
including suitability, and to determine the appropriate amount of rent the family will pay. 
The family must also complete required forms, provide required signatures, and submit 
required documentation. If any materials are missing, the PHA will provide the family 
with a written list of items that must be submitted. 
 
Any required documents or information that the family is unable to provide at the 
interview must be provided within 10 business days of the interview (Chapter 7 provides 
details about longer submission deadlines for particular items, including documentation 
of Social Security numbers and eligible noncitizen status). If the family is unable to 
obtain the information or materials within the required time frame, the family may 
request an extension for reasonable cause. If the required documents and information are 
not provided within the required time frame (plus any extensions), the family will be sent 
a notice of denial (see Chapter 3). 
 
An advocate, interpreter, or other assistant may assist the family with the application and 
the interview process. 
 
Interviews will be conducted in English. For Limited English Proficiency (LEP) 
applicants, the PHA will provide translation services in accordance with the PHA’s LEP 
plan. 
 
If the family is unable to attend a scheduled interview, the family should contact the PHA 
in advance of the interview to schedule a new appointment. 
 
In all circumstances, if a family does not attend a scheduled interview, the PHA will send 
another notification letter with a new interview appointment time. Applicants who fail to 
attend two scheduled interviews without PHA approval will have their applications made 
inactive based on the family’s failure to supply information needed to determine 
eligibility. 
 
The second appointment letter will state that failure to appear for the appointment 
without a request to reschedule will be interpreted to mean that the family is no longer 
interested and their application will be made inactive. Such failure to act on the part of 
the applicant prevents the PHA from making an eligibility determination; therefore the 
PHA will not offer an informal hearing. 
4-III.E. FINAL ELIGIBILITY DETERMINATION [24 CFR §960.208] 
The PHA must verify all information provided by the family (see Chapter 7). Based on verified 
information related to the eligibility requirements, including PHA suitability standards, the PHA 
must make a final determination of eligibility (see Chapter 3). 
When a determination is made that a family is eligible and satisfies all requirements for 
admission, including tenant selection criteria, the applicant must be notified of the approximate 
date of occupancy insofar as that date can be reasonably determined [24 CFR§ 960.208(b)].

4-20 
 
PHA Policy 
The PHA will notify a family in writing of their eligibility within 10 business days of the 
determination and will provide the approximate date of occupancy insofar as that date 
can be reasonably determined. 
 
The PHA will expedite the administrative process for determining eligibility to the extent 
possible for applicants who are admitted to the public housing program as a result of an 
emergency transfer from another PHA program. 
The PHA must promptly notify any family determined to be ineligible for admission of the basis 
for such determination, and must provide the applicant upon request, within a reasonable time 
after the determination is made, with an opportunity for an informal hearing on such 
determination [24 CFR §960.208(a)]. 
PHA Policy 
If the PHA determines that the family is ineligible, the PHA will send written notification 
of the ineligibility determination within 10 business days of the determination. The notice 
will specify the reasons for ineligibility, and will inform the family of its right to request 
an informal hearing (see Chapter 14). 
If the PHA uses a criminal record or sex offender registration information obtained under 24 
CFR §5, Subpart J, as the basis of a denial, a copy of the record must precede the notice to deny, 
with an opportunity for the applicant to dispute the accuracy and relevance of the information 
before the PHA can move to deny the application. See Section 3-III.G for the PHA’s policy 
regarding such circumstances. 
Upon making an eligibility determination, the PHA must provide the family a notice of VAWA 
rights (form HUD-5380) as well as the HUD VAWA self-certification form (form HUD-5382) in 
accordance with the Violence against Women Act of 2013, and as outlined in 16-VII.C., at the 
time the applicant is provided assistance or at the time the applicant is denied assistance. The 
notice and self-certification from must accompany the written notification of eligibility 
determination.  This notice must be provided in both of the following instances:  (1) when a 
family actually begins receiving assistance (lease execution); or (2) when a family is notified of 
its ineligibility.

5-1 
 
Chapter 5  
OCCUPANCY STANDARDS AND UNIT OFFERS 
INTRODUCTION 
The PHA must establish policies governing occupancy of dwelling units and offering dwelling 
units to qualified families. 
This chapter contains policies for assigning unit size and making unit offers. The PHA’s waiting 
list and selection policies are contained in Chapter 4. Together, Chapters 4 and 5 of the ACOP 
comprise the PHA’s Tenant Selection and Assignment Plan (TSAP). 
Policies in this chapter are organized in two parts. 
Part I: Occupancy Standards. This part contains the PHA’s standards for determining 
the appropriate unit size for families of different sizes, compositions, and types. 
Part II: Unit Offers. This part contains the PHA’s policies for making unit offers, and 
describes actions to be taken when unit offers are refused.

5-2 
 
PART I: OCCUPANCY STANDARDS 
5-I.A. OVERVIEW 
Occupancy standards are established by the PHA to ensure that units are occupied by families of 
the appropriate size. This policy maintains the maximum usefulness of the units, while 
preserving them from underutilization or from excessive wear and tear due to overcrowding. Part 
I of this chapter explains the occupancy standards. These standards describe the methodology 
and factors the PHA will use to determine the size unit for which a family qualifies and includes 
the identification of the minimum and maximum number of household members for each unit 
size. This part also identifies circumstances under which an exception to the occupancy standards 
may be approved. 
5-I.B. DETERMINING UNIT SIZE 
In selecting a family to occupy a particular unit, the PHA may match characteristics of the family 
with the type of unit available, for example, number of bedrooms [24 CFR §960.206(c)]. 
HUD does not specify the number of persons who may live in public housing units of various 
sizes. PHAs are permitted to develop appropriate occupancy standards as long as the standards 
do not have the effect of discriminating against families with children [PH Occ GB, p. 62]. 
Although the PHA does determine the size of unit the family qualifies for under the occupancy 
standards, the PHA does not determine who shares a bedroom/sleeping room. 
The PHA’s occupancy standards for determining unit size must be applied in a manner consistent 
with fair housing requirements. 
PHA Policy 
PHA will use the same occupancy standards for each of its developments. 
 
The PHA’s occupancy standards are as follows: 
• The PHA will assign one bedroom for each two persons within the household, 
except in the following circumstances: 
− Persons of the opposite sex (other than spouses/couples, and children under 
age 5) will not be required to share a bedroom. 
− Persons of different generations will not be required to share a bedroom(e.g., 
grandparents, parents) except: 
o A single pregnant woman with no other household members and a 
single parent with one child and no other household members will be 
assigned a 1-bedroom unit. Assuming no other changes in family 
composition, after the child reaches the age of 5 years, the family will 
be eligible for transfer to a 2-bedroom unit.

5-3 
 
− An unborn child will not be counted as a person in determining unit size. 
− Live-in aides will be allocated a separate bedroom. No additional bedrooms 
will be provided for the live-in aide’s family. 
− Single person families will be allocated a zero or one bedroom. 
− Children related to a household member by birth, adoption, or court awarded 
custody will be considered when determining unit size. 
− Foster children will be considered when determining unit size. The family 
may add foster children to the household as long as it does not overcrowd the 
unit based on the PHA’s occupancy standard. 
− Children away at school, but for whom the unit is considered the primary 
residence, and children temporarily placed outside the home, will be 
considered when determining unit size. 
− Children in the process of being adopted will be considered when determining 
unit size. 
− Children who will live in the unit less than 50 percent of the time will not be 
considered when determining unit size. 
The PHA will reference the following standards in determining the appropriate unit bedroom 
size for a family: 
 
OCCUPANCY STANDARDS 
BEDROOM SIZE 
MINIMUM NUMBER OF 
PERSONS 
MAXIMUM NUMBER 
OF PERSONS 
0 
1 
1 
1 
1 
2 
2 
2 
4 
3 
3 
6 
4 
4 
8 
5 
6 
10 
6 
8 
12 
5-I.C. EXCEPTIONS TO OCCUPANCY STANDARDS 
Types of Exceptions 
PHA Policy 
The PHA will consider granting exceptions to the occupancy standards at the family’s 
request if the PHA determines the exception is justified by the relationship, age, sex, 
health, or disability of family members, or other personal circumstances.

5-4 
 
 
For example, an exception may be granted if a larger bedroom size is needed for medical 
equipment due to its size and/or function, or as a reasonable accommodation for a person 
with disabilities. An exception may also be granted for a smaller bedroom size in cases 
where the number of household members exceeds the maximum number of persons 
allowed for the unit size in which the family resides (according to the chart in Section 5-
I.B) and the family does not want to transfer to a larger size unit. 
 
When evaluating exception requests the PHA will consider the size and configuration of 
the unit. In no case will the PHA grant an exception that is in violation of local housing 
or occupancy codes, regulations, or laws. 
 
Requests from applicants to be placed on the waiting list for a unit size smaller than 
designated by the occupancy standards will be approved as long as the unit is not 
overcrowded according to local code, and the family agrees not to request a transfer for a 
period of two years from the date of admission, unless they have a subsequent change in 
family size or composition. 
 
To prevent vacancies, the PHA may provide an applicant family with a larger unit than 
the occupancy standards permit. However, in these cases the family must agree to move 
to a suitable, smaller unit when another family qualifies for the larger unit and there is an 
appropriate size unit available for the family to transfer to. 
Processing of Exceptions 
PHA Policy 
All requests for exceptions to the occupancy standards must be submitted in writing. 
 
In the case of a request for exception as a reasonable accommodation, the PHA will 
encourage the resident to make the request in writing using a reasonable accommodation 
request form. However, the PHA will consider the exception request any time the 
resident indicates that an accommodation is needed whether or not a formal written 
request is submitted. 
 
Requests for a larger size unit must explain the need or justification for the larger size 
unit, and must include appropriate documentation. Requests based on health-related 
reasons must be verified by a knowledgeable professional source, unless the disability 
and the disability-related request for accommodation is readily apparent or otherwise 
known. 
 
The PHA will notify the family of its decision within 10 business days of receiving the 
family’s request.

5-5 
 
PART II: UNIT OFFERS [24 CFR §1.4(b)(2)(ii); 24 CFR §960.208] 
5-II.A. OVERVIEW 
The PHA must assign eligible applicants to dwelling units in accordance with a plan that is 
consistent with civil rights and nondiscrimination laws. 
In filling an actual or expected vacancy, the PHA must offer the dwelling unit to an applicant in 
the appropriate offer sequence. The PHA will offer the unit until it is accepted. This section 
describes the PHA’s policies with regard to the number of unit offers that will be made to 
applicants selected from the waiting list. This section also describes the PHA’s policies for 
offering units with accessibility features. 
PHA Policy 
The PHA will maintain a record of units offered, including location, date and 
circumstances of each offer, each acceptance or rejection, including the reason for the 
rejection. 
5-II.B. NUMBER OF OFFERS 
PHA Policy 
Under this plan, the PHA will determine how many locations within its jurisdiction have 
available units of suitable size and type in the appropriate type of project.  Applicants 
from the appropriate waiting list will be offered two (2) suitable vacant units for 
occupancy. 
 
The offers will be made in sequence and the applicant must refuse the first offer before 
the second offer is made.  If both offers are rejected, unless there is a good cause for 
refusing the offers, the applicant will be removed from the waiting list and will be 
required to complete a new application when the waiting list is open. 
 
If the applicant is on the waiting list for the Housing Choice Voucher (aka Section 8) 
program, refusal of a public housing unit will not affect placement on the other list. 
 
If the PHA offers an accessible unit to a non-disabled applicant and the offer is rejected, 
the offer will not count. 
5-II.C. TIME LIMIT FOR UNIT OFFER ACCEPTANCE OR REFUSAL 
PHA Policy 
Applicants must accept or refuse a unit offer within three (3) business days of the date of 
the unit offer.  Offers made by telephone will be confirmed by letter.

5-6 
 
5-II.D. REFUSALS OF UNIT OFFERS 
Good Cause for Unit Refusal 
An elderly or disabled family may decline an offer for designated housing. Such a refusal must 
not adversely affect the family's position on or placement on the public housing waiting list [24 
CFR §945.303(d)]. 
PHA Policy 
Applicants may refuse to accept a unit offer for "good cause."  Good cause includes 
situations in which an applicant is willing to move but is unable to do so at the time of the 
unit offer, or the applicant demonstrates that acceptance of the offer would cause undue 
hardship not related to considerations of the applicant’s race, color, national origin, etc. 
[PH Occ GB, p. 104]. Examples of good cause for refusal of a unit offer include, but are 
not limited to, the following: 
• The family demonstrates to the PHA’s satisfaction that accepting the unit offer 
will require an adult household member to quit a job, drop out of an educational 
institution or job training program, or take a child out of day care or an 
educational program for children with disabilities. 
• The family demonstrates to the PHA’s satisfaction that accepting the offer will 
place a family member’s life, health, or safety in jeopardy. The family should 
offer specific and compelling documentation such as restraining orders; other 
court orders; risk assessments related to witness protection from a law 
enforcement agency; or documentation of domestic violence, dating violence, 
sexual assault, or stalking in accordance with Section 16-VII.D of this ACOP. 
Reasons offered must be specific to the family. Refusals due to location alone 
do not qualify for this good cause exemption. 
• A health professional verifies temporary hospitalization or recovery from illness 
of the principal household member, other household members (as listed on final 
application) or live-in aide necessary to the care of the principal household 
member. 
• The unit is inappropriate for the applicant’s disabilities. 
In the case of a unit refusal for good cause the applicant will not be removed from the waiting 
list as described later in this section. The applicant will remain at the top of the waiting list until 
the family receives an offer for which they do not have good cause to refuse. 
The PHA will require documentation of good cause for unit refusals. 
Unit Refusal Without Good Cause 
PHA Policy 
When an applicant rejects the final unit offer without good cause, the PHA will remove 
the applicant’s name from the waiting list and send notice to the family of such removal.

5-7 
 
The notice will inform the family of their right to request an informal hearing and the 
process for doing so (see Chapter 14). 
 
The applicant may reapply for assistance if the waiting list is open. If the waiting list is 
not open, the applicant must wait to reapply until the PHA opens the waiting list. 
5-II.E. ACCESSIBLE UNITS [24 CFR §8.27] 
PHAs must adopt suitable means to assure that information regarding the availability of 
accessible units reaches eligible individuals with disabilities, and take reasonable 
nondiscriminatory steps to maximize the utilization of such units by eligible individuals whose 
disability requires the accessibility features of a particular unit. 
When an accessible unit becomes vacant, before offering such units to a non-disabled applicant 
the PHA must offer such units: 
• First, to a current resident of another unit of the same development, or other public 
housing development under the PHA’s control, who has a disability that requires the 
special features of the vacant unit and is occupying a unit not having such features, or if 
no such occupant exists, then 
• Second, to an eligible qualified applicant on the waiting list having a disability that 
requires the special features of the vacant unit. 
When offering an accessible unit to an applicant not having a disability requiring the 
accessibility features of the unit, the PHA may require the applicant to agree (and may 
incorporate this agreement in the lease) to move to a non-accessible unit when available. 
PHA Policy 
Families requiring an accessible unit may be over-housed in such a unit if there are no 
resident or applicant families of the appropriate size who also require the accessible 
features of the unit. 
 
When there are no resident or applicant families requiring the accessible features of the 
unit, including families who would be over-housed, the PHA may offer the unit to a non-
disabled applicant. 
 
When an applicant who does not require accessibility features for disabled persons 
accepts an accessible unit, the applicant acknowledges and agrees to transfer to a unit 
without such features should another person eligible for housing assistance need the 
accessible dwelling unit.  The applicant further acknowledges the responsibility for all 
costs associated with the transfer to another dwelling unit. 
5-II.F. DESIGNATED HOUSING 
When applicable, the PHA’s policies for offering units designated for elderly families only or for 
disabled families only are described in the PHA’s Designated Housing Plan.

6-8 
Chapter 6  
INCOME AND RENT DETERMINATIONS 
[24 CFR Part 5, Subparts E and F; CFR §960, Subpart C] 
INTRODUCTION 
A family’s annual income is used to determine their income eligibility for the public housing 
program and is also used to calculate the amount of the family’s rent payment. The PHA will use 
the policies and methods described in this chapter to ensure that only income-eligible families 
receive assistance and that no family pays more or less rent than is required under the 
regulations. This chapter describes HUD regulations and PHA policies related to these topics in 
three parts as follows: 
Part I: Annual Income. HUD regulations specify the sources of income to include and 
exclude to arrive at a family’s annual income. These requirements and PHA policies for 
calculating annual income are found in Part I. 
Part II: Adjusted Income. Once annual income has been established HUD regulations 
require the PHA to subtract from annual income any of five mandatory deductions for 
which a family qualifies. These requirements and PHA policies for calculating adjusted 
income are found in Part II. 
Part III: Calculating Rent. This part describes the statutory formula for calculating total 
tenant payment (TTP), the use of utility allowances, and the methodology for determining 
family rent payment. Also included here are flat rents and the family’s choice in rents.

6-9 
PART I: ANNUAL INCOME 
6-I.A. OVERVIEW 
The general regulatory definition of annual income shown below is from 24 CFR §5.609: 
§5.609 Annual Income. 
(a) Annual income means all amounts, monetary or not, which: 
(1) Go 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 reexamination effective 
date; and 
(3) Which are not specifically excluded in paragraph [§5.609(c)]. 
(4) Annual income also means amounts derived (during the 12-month period) 
from assets to which any member of the family has access. 
In addition to this general definition, HUD regulations establish policies for treating specific 
types of income and assets. The full texts of those portions of the regulations are provided in 
exhibits at the end of this chapter as follows: 
• Annual Income Inclusions (Exhibit 6-1) 
• Annual Income Exclusions (Exhibit 6-2) 
• Treatment of Family Assets (Exhibit 6-3) 
• Earned Income Disallowance (Exhibit 6-4) 
• The Effect of Welfare Benefit Reduction (Exhibit 6-5) 
Sections 6-I.B and 6-I.C discuss general requirements and methods for calculating annual 
income. The rest of this section describes how each source of income is treated for the purposes 
of determining annual income. HUD regulations present income inclusions and exclusions 
separately [24 CFR §5.609(b) and 24 CFR §5.609(c)]. In this ACOP, however, the discussions of 
income inclusions and exclusions are integrated by topic (e.g., all policies affecting earned 
income are discussed together in Section 6-I.D). Verification requirements for annual income are 
discussed in Chapter 7. 
6-I.B. HOUSEHOLD COMPOSITION AND INCOME 
Income received by all family members must be counted unless specifically excluded by the 
regulations. It is the responsibility of the head of household to report changes in family 
composition. The rules on which sources of income are counted vary somewhat by family 
member. The chart below summarizes how family composition affects income determinations.

6-10 
Summary of Income Included and Excluded by Person 
Live-in aides 
Income from all sources is excluded [24 CFR 
§5.609(c)(5)]. 
Foster child or foster adult 
Income from all sources is excluded [24 CFR 
§5.609(a)(1)]. 
Head, spouse, or cohead 
Other adult family members 
All sources of income not specifically excluded by the 
regulations are included. 
Children under 18 years of age 
Employment income is excluded [24 CFR §5.609(c)(1)]. 
All other sources of income, except those specifically 
excluded by the regulations, are included. 
Full-time students 18 years of 
age or older (not head, spouse, 
or cohead) 
Employment income above $480/year is excluded [24 CFR 
§5.609(c)(11)]. 
All other sources of income, except those specifically 
excluded by the regulations, are included. 
 
Temporarily Absent Family Members 
The income of family members approved to live in the unit will be counted, even if the family 
member is temporarily absent from the unit [HCV GB, p. 5-18]. 
PHA Policy 
Generally an individual who is or is expected to be absent from the assisted unit for less 
than 30 consecutive days 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. 
Absent Students 
PHA 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 the PHA indicating that the student has established a separate 
household or the family declares that the student has established a separate household. 
Absences Due to Placement in Foster Care 
Children temporarily absent from the home as a result of placement in foster care are considered 
members of the family [24 CFR §5.403]. 
PHA Policy

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If a child has been placed in foster care, the PHA 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. 
Absent Head, Spouse, or Cohead 
PHA Policy 
An employed head, spouse, or cohead absent from the unit more than 180 consecutive 
days due to employment will continue to be considered a family member. 
Individuals Confined for Medical Reasons 
PHA Policy 
An individual confined to a nursing home or hospital on a permanent basis is not 
considered a family member, and the income of that person is not counted. 
 
If there is a question about the status of a family member, the PHA will request 
verification from a responsible medical professional and will use this determination. If 
the responsible medical professional cannot provide a determination, the person generally 
will be considered temporarily absent. The family may present evidence that the family 
member is confined on a permanent basis and request that the person not be considered a 
family member. 
Joint Custody of Children 
PHA 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 resident family 50 percent or more of the 
time. 
 
When more than one applicant or assisted family (regardless of program) are claiming the 
same dependents as family members, the family with primary custody at the time of the 
initial examination or reexamination will be able to claim the dependents. If there is a 
dispute about which family should claim them, the PHA will make the determination 
based on available documents such as court orders,  an IRS income tax return showing 
which family has claimed the child for income tax purposes, school records, or other 
credible documentation. 
Caretakers for a Child 
PHA Policy 
The approval of a caretaker is at the PHA’s discretion and subject to the PHA’s screening 
criteria. If neither a parent nor a designated guardian remains in a household , the PHA 
will take the following actions.

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• If a responsible agency has determined that another adult is to be brought into the 
unit to care for a child for an indefinite period, the designated caretaker will not 
be considered a family member until a determination of custody or legal 
guardianship is made. 
• If a caretaker has assumed responsibility for a child without the involvement of a 
responsible agency or formal assignment of custody or legal guardianship, the 
caretaker will be treated as a visitor for 90 days. After the 90 days has elapsed, the 
caretaker will be considered a family member unless information is provided that 
would confirm that the caretaker’s role is temporary. In such cases the PHA will 
extend the caretaker’s status as an eligible visitor. 
• At any time that custody or guardianship has legally been awarded to a caretaker, 
the lease will be transferred to the caretaker, as head of household. 
• During any period that a caretaker is considered a visitor, the income of the 
caretaker is not counted in annual income and the caretaker does not qualify the 
family for any deductions from income. 
6-I.C. ANTICIPATING ANNUAL INCOME 
The PHA is required to count all income “anticipated to be received from a source outside the 
family during the 12-month period following admission or annual reexamination effective date” 
[24 CFR §5.609(a)(2)]. Policies related to anticipating annual income are provided below. 
Basis of Annual Income Projection 
The PHA generally will use current circumstances to determine anticipated income for the 
coming 12-month period. HUD authorizes the PHA to use other than current circumstances to 
anticipate income when: 
• An imminent change in circumstances is expected [HCV GB, p. 5-17] 
• It is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or 
cyclic income) [24 CFR §5.609(d)] 
• The PHA believes that past income is the best available indicator of expected future 
income [24 CFR §5.609(d)] 
PHAs are required to use HUD’s Enterprise Income Verification (EIV) system in its entirety as a 
third party source to verify employment and income information, and to reduce administrative 
subsidy payment errors in accordance with HUD administrative guidance [24 CFR §5.233(a)(2)]. 
HUD allows PHAs to use tenant-provided documents (pay stubs) to project income once EIV 
data has been received in such cases where the family does not dispute the EIV employer data 
and where the PHA does not determine it is necessary to obtain additional third-party data. 
PHA Policy

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When EIV is obtained and the family does not dispute the EIV employer data, the PHA 
will use current tenant-provided documents to project annual income. When the tenant-
provided documents are pay stubs, the PHA will make every effort to obtain current and 
consecutive pay stubs for a total of eight (8) current and consecutive paystubs, regardless 
of how often a person is paid. 
The PHA will obtain written and/or oral third-party verification in accordance with the 
verification requirements and policy in Chapter 7 in the following cases: 
− If EIV or other UIV data is not available, 
− If the family disputes the accuracy of the EIV employer data, and/or 
− If the PHA determines additional information is needed. 
In such cases, the PHA will review and analyze current data to anticipate annual income.  
In all cases, the family file will be documented with a clear record of the reason for the decision, 
and a clear audit trail will be left as to how the PHA annualized projected income. 
When the PHA cannot readily anticipate income based upon current circumstances (e.g., in the 
case of seasonal employment, unstable working hours, or suspected fraud), the PHA will review 
and analyze historical data for patterns of employment, paid benefits, and receipt of other income 
and use the results of this analysis to establish annual income. 
Any time current circumstances are not used to project annual income, a clear rationale for the 
decision will be documented in the file. In all such cases the family may present information and 
documentation to the PHA to show why the historic pattern does not represent the family’s 
anticipated income. 
Known Changes in Income 
If the PHA verifies an upcoming increase or decrease in income, annual income will be 
calculated by applying each income amount to the appropriate part of the 12-month period. 
 
 
 
 
The family may present information that demonstrates that implementing a change before its 
effective date would create a hardship for the family. In such cases the PHA will calculate annual 
income using current circumstances and then require an interim reexamination when the change 
actually occurs. This requirement will be imposed even if the PHA’s policy on reexaminations 
does not require interim reexaminations for other types of changes. 
Example: An employer reports that a full-time employee who has been 
receiving $8/hour will begin to receive $8.25/hour in the eighth week 
after the effective date of the reexamination. In such a case the PHA 
would calculate annual income as follows:       
($8/hour × 40 hours × 7 weeks) + ($8.25 × 40 hours × 45 weeks).

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When tenant-provided third-party documents are used to anticipate annual income, they will be 
dated within the last 60 days of the reexamination interview date. 
Projecting Income 
In HUD’s EIV webcast of January 2008, HUD made clear that PHAs are not to use EIV 
quarterly wages to project annual income. 
6-I.D. EARNED INCOME 
Types of Earned Income Included in Annual Income 
Wages and Related Compensation [24 CFR §5.609(b)(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 is included in 
annual income. 
PHA Policy 
For persons who regularly receive bonuses or commissions, the PHA will verify and then 
average amounts received for the two years preceding admission or reexamination. If 
only a one-year history is available, the PHA will use the prior year amounts. In either 
case the family may provide, and the PHA will consider, a credible justification for not 
using this history to anticipate future bonuses or commissions. If a new employee has not 
yet received any bonuses or commissions, the PHA will count only the amount estimated 
by the employer. The file will be documented appropriately. 
PHA Policy 
When commuting annual income, staff will convert earned income to annual income as 
follows: 
− Multiply hourly wages by the number of hours worked/year (2080 hours for full-
time employment with a 40-hour work week and no overtime). 
− Multiply weekly wages by 52. 
− Multiply bi-weekly wages (paid every other week) by 26. 
− Multiply semi-monthly (paid twice each month) wages by 24. 
− Multiply monthly wages by 12. 
Some Types of Military Pay 
All regular pay, special pay and allowances of a member of the Armed Forces are counted [24 
CFR §5.609(b)(8)] except for the special pay to a family member serving in the Armed Forces 
who is exposed to hostile fire [24 CFR §5.609(c)(7)].

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Types of Earned Income Not Counted in Annual Income 
Temporary, Nonrecurring, or Sporadic Income [24 CFR §5.609(c)(9)] 
This type of income (including gifts) is not included in annual income. 
PHA Policy 
Sporadic income is income that is not received periodically and cannot be reliably 
predicted. For example, the income of an individual who works occasionally as a 
handyman would be considered sporadic if future work could not be anticipated and no 
historic, stable pattern of income existed. 
Children’s Earnings [24 CFR §5.609(c)(1)] 
Employment income earned by children (including foster children) under the age of 18 years is 
not included in annual income. (See Eligibility chapter for a definition of foster children.) 
PHA Policy 
Although “earned” income from a minor is excluded, minors will be required to sign 
employment verifications to verify actual income. 
Certain Earned Income of Full-Time Students 
Earnings in excess of $480 for each full-time student 18 years old or older (except for the head, 
spouse, or cohead) are not counted [24 CFR §5.609(c)(11)]. To be considered “full-time,” a 
student must be considered “full-time” by an educational institution with a degree or certificate 
program [HCV GB, p. 5-29]. 
Income of a Live-in Aide 
Income earned by a live-in aide, as defined in [24 CFR §5.403], is not included in annual income 
[24 CFR §5.609(c)(5)]. (See Eligibility chapter for a full discussion of live-in aides.) 
Income Earned under Certain Federal Programs [24 CFR §5.609(c)(17)] 
Income from some federal programs is specifically excluded from consideration as income, 
including: 
− Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 
5044(g), 5058) 
− Awards under the federal work-study program (20 U.S.C. 1087 uu) 
− Payments received from programs funded under Title V of the Older Americans Act of 
1985 (42 U.S.C. 3056(f)) 
− Allowances, earnings, and payments to AmeriCorps participants under the National and 
Community Service Act of 1990 (42 U.S.C. 12637(d))

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− Allowances, earnings, and payments to participants in programs funded under the 
Workforce Investment Act of 1998 (29 U.S.C. 2931) 
Resident Service Stipend [24 CFR §5.600(c)(8)(iv)] 
Amounts received under a resident service stipend are not included in annual income. A resident 
service stipend is a modest amount (not to exceed $200 per individual per month) received by a 
resident for performing a service for the PHA, 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 initiatives coordination, and serving as a member of the 
PHA’s governing board. No resident may receive more than one such stipend during the same 
period of time. 
PHA Policy 
A resident service stipend in the amount of $50 per month will be provided as a rent 
credit to a resident for performing a service as a Housing and Human Service 
Commissioner (HHSC) and Public Housing Authority Commissioner (PHAC). If the 
monthly tenant account credit exceeds the balance owed on the account the difference 
will be paid once a month by check. 
 
A resident service stipend will be credited to the resident’s account monthly for 
performing a service as a Beautification Site Representative. If the monthly tenant 
account credit exceeds the balance owed on the account the difference will be paid once a 
month by check. 
− The resident service stipend for 130 North Hamilton is $200 per month 
− The resident service stipend for 210 North McQueen is $160 per month 
− The resident service stipend for 73 South Hamilton is $160 per month 
− The resident service stipend for 660 South Palm Lane is $160 per month 
− The resident service stipend for 127 North Kingston is $120 per month 
State and Local Employment Training Program 
Incremental earnings and benefits to any family member resulting 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 
are excluded from annual income. 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 training program [24 CFR 
§5.609(c)(8)(v)]. 
PHA Policy 
The PHA defines training program as “a learning process with goals and objectives, 
generally having a variety of components, and taking place in a series of sessions over a 
period of time. It is designed to lead to a higher level of proficiency, and it enhances the 
individual’s ability to obtain employment. It may have performance standards to measure

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proficiency. Training may include, but is not limited to: (1) classroom training in a 
specific occupational skill, (2) on-the-job training with wages subsidized by the program, 
or (3) basic education” [expired Notice PIH 98-2, p. 3]. 
 
The PHA defines incremental earnings and benefits as the difference between (1) the 
total amount of welfare assistance and earnings of a family member prior to enrollment in 
a training program and (2) the total amount of welfare assistance and earnings of the 
family member after enrollment in the program [expired Notice PIH 98-2, pp. 3–4]. 
 
In calculating the incremental difference, the PHA will use as the pre-enrollment income 
the total annualized amount of the family member’s welfare assistance and earnings 
reported on the family’s most recently completed HUD-50058. 
 
End of participation in a training program must be reported in accordance with the PHA's 
interim reporting requirements (see chapter on reexaminations). 
HUD-Funded Training Programs 
Amounts received under training programs funded in whole or in part by HUD [24 CFR 
§5.609(c)(8)(i)] are excluded from annual income. Eligible sources of funding for the training 
include operating subsidy, Section 8 administrative fees, and modernization, Community 
Development Block Grant (CDBG), HOME program, and other grant funds received from HUD. 
PHA Policy 
To qualify as a training program, the program must meet the definition of training 
program provided above for state and local employment training programs. 
Earned Income Tax Credit.   
Earned income tax credit (EITC) refund payments received on or after January 1, 1991 (26 
U.S.C. 32(j)), are excluded from annual income [24 CFR 5.609(c)(17)]. 
Although many families receive the EITC annually when they file taxes, an EITC can also be 
received throughout the year. The prorated share of the annual EITC is included in the 
employee’s payroll check. 
Earned Income Disallowance. 
The earned income disallowance is discussed in Section 6-I.E below. 
6-I.E. EARNED INCOME DISALLOWANCE [24 CFR §960.255, 24 CFR §5.617; 
STREAMLINING FINAL RULE (SFR) FEDERAL REGISTER 3/8/16, , 3/8/2016 
(HOTMA)] 
The earned income disallowance (EID) encourages people to enter the work force by not 
including the full value of increases in earned income for a period of time. The full text of 24

6-18 
CFR §960.255 is included as Exhibit 6-4 at the end of this chapter. Eligibility criteria and 
limitations on the disallowance are summarized below. 
Eligibility 
This disallowance applies only to individuals in qualified families already participating in the 
public housing program (not at initial examination). To qualify, the family must experience an 
increase in annual income that is the result of one of the following events: 
• Employment of a family member who was previously unemployed for one or more years 
prior to employment. Previously unemployed includes a person who annually has earned 
not more than the minimum wage applicable to the community multiplied by 500 hours. 
The applicable minimum wage is the federal minimum wage unless there is a higher state 
or local minimum wage. 
• Increased earnings by a family member whose earnings increase during participation in 
an economic self-sufficiency or job-training program. A self-sufficiency program 
includes a program designed to encourage, assist, train, or facilitate the economic 
independence of HUD-assisted families or to provide work to such families [24 CFR 
§5.603(b)]. 
• New employment or increased earnings by a family member who has received benefits or 
services under Temporary Assistance for Needy Families (TANF) or any other state 
program funded under Part A of Title IV of the Social Security Act within the past six 
months. If the benefits are received in the form of monthly maintenance, there is no 
minimum amount. If the benefits or services are received in a form other than monthly 
maintenance, such as one-time payments, wage subsidies, or transportation assistance, the 
total amount received over the six-month period must be at least $500. 
Calculation of the Disallowance 
Calculation of the earned income disallowance for an eligible member of a qualified family 
begins with a comparison of the member’s current income with his or her “baseline income.” 
The family member’s baseline income is his or her income immediately prior to qualifying for 
the EID. The family member’s baseline income remains constant throughout the period that he or 
she is participating in the EID. 
Calculation Method 
Initial 12-Month Exclusion 
During the initial exclusion period of 12 consecutive months, the full amount (100 percent) of 
any increase in income attributable to new employment or increased earnings is excluded.

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PHA Policy 
The initial EID exclusion period will begin on the first of the month following the date an 
eligible member of a qualified family is first employed or first experiences an increase in 
earnings. 
Second 12-Month Exclusion 
During the second exclusion period of 12 consecutive months, the PHA must exclude at least 50 
percent of any increase in income attributable to employment or increased earnings. 
PHA Policy 
During the second 12-month exclusion period, the PHA will exclude 100 percent of any 
increase in income attributable to new employment or increased earnings. 
Lifetime Limitation 
The EID has a two-year (24-month) lifetime maximum. The two-year eligibility period begins at 
the same time that the initial exclusion period begins and ends 24 months later. During the 24-
month period, an individual remains eligible for EID even if they receive assistance from a 
different housing agency, move between public housing and Section 8 assistance, or have breaks 
in assistance. 
Individual Savings Accounts [24 CFR §960.255(d)] 
PHA Policy 
The PHA chooses not to establish a system of individual savings accounts (ISAs) for 
families who qualify for the EID. 
The following rules pertaining to ISAs do not apply to this public housing program. 
A qualified family paying income-based rent may choose an ISA instead of being given the EID. 
The PHA must advise the family that the ISA option is available. Families who choose the ISA 
will pay the higher rent and the PHA will deposit the difference between the higher rent and the 
EID rent in the savings account. 
Amounts deposited to ISAs may only be withdrawn for the following reasons: 
• Because the family is purchasing a home 
• To pay education costs of family members 
• Because the family is moving out of public or assisted housing 
• To pay any other expenses the PHA authorizes to promote economic self-sufficiency 
The PHA is required to maintain ISAs in interest bearing accounts, for which the family is 
credited with interest earned. The PHA may not charge the family a fee for maintaining the 
account.

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At least once each year the PHA must provide the family with a statement of the balance in their 
account, including any interest earned, if required by state law. 
PHA Policy 
When applicable, the PHA will provide the family with a statement of the balance in their 
account, including any interest earned, annually and upon request when the family makes 
withdrawals from the account. 
If the family moves out of public housing, the PHA must return the balance in the family’s ISA, 
less any amounts the family owes the PHA. 
6-I.F. BUSINESS INCOME [24 CFR §5.609(B)(2)] 
Annual income includes “the net income from the operation of a business or profession. 
Expenditures for business expansion or amortization of capital indebtedness shall not be 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 will be included in income, except to the extent the withdrawal is reimbursement of 
cash or assets invested in the operation by the family” [24 CFR §5.609(b)(2)]. 
Business Expenses 
Net income is “gross income less business expense” [HCV GB, p. 5-19]. 
PHA Policy 
To determine business expenses that may be deducted from gross income, the PHA will 
use current applicable Internal Revenue Service (IRS) rules for determining allowable 
business expenses [see IRS Publication 535], unless a topic is addressed by HUD 
regulations or guidance as described below. 
Business Expansion 
HUD regulations do not permit the PHA to deduct from gross income expenses for business 
expansion. 
PHA Policy 
Business expansion is defined as any capital expenditures made to add new business 
activities, to expand current facilities, or to operate the business in additional locations. 
 
For example, purchase of a street sweeper by a construction business for the purpose of 
adding street cleaning to the services offered by the business would be considered a 
business expansion. Similarly, the purchase of a property by a hair care business to open 
at a second location would be considered a business expansion.

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Capital Indebtedness 
HUD regulations do not permit the PHA to deduct from gross income the amortization of capital 
indebtedness. 
PHA Policy 
Capital indebtedness is defined as the principal portion of the payment on a capital asset 
such as land, buildings, and machinery. This means the PHA will allow as a business 
expense interest, but not principal, paid on capital indebtedness. 
Negative Business Income 
If the net income from a business is negative, no business income will be included in annual 
income; a negative amount will not be used to offset other family income. 
Withdrawal of Cash or Assets from a Business 
HUD regulations require the PHA to include in annual income the withdrawal of cash or assets 
from the operation of a business or profession unless the withdrawal reimburses a family 
member for cash or assets invested in the business by the family. 
PHA Policy 
Acceptable investments in a business include cash loans and contributions of assets or 
equipment. For example, if a member of a tenant family provided an up-front loan of 
$2,000 to help a business get started, the PHA will not count as income any withdrawals 
from the business up to the amount of this loan until the loan has been repaid. 
 
Investments do not include the value of labor contributed to the business without 
compensation. 
Co-owned Businesses 
PHA Policy 
If a business is co-owned with someone outside the family, the family must document the 
share of the business it owns. If the family’s share of the income is lower than its share of 
ownership, the family must document the reasons for the difference. 
6-I.G. ASSETS [24 CFR §5.609(B)(3) AND 24 CFR §5.603(B)] 
Overview 
There is no asset limitation for participation in the public housing program. However, HUD 
requires that the PHA include in annual income the anticipated “interest, dividends, and other net 
income of any kind from real or personal property” [24 CFR §5.609(b)(3)]. This section 
discusses how the income from various types of assets is determined. For most types of assets,

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the PHA must determine the value of the asset in order to compute income from the asset. 
Therefore, for each asset type, this section discusses: 
• How the value of the asset will be determined 
• How income from the asset will be calculated 
Exhibit 6-1 provides the regulatory requirements for calculating income from assets [24 CFR 
§5.609(b)(3)], and Exhibit 6-3 provides the regulatory definition of net family assets. This 
section begins with a discussion of general policies related to assets and then provides HUD 
rules and PHA policies related to each type of asset. 
Optional policies for family self-certification of assets are found in Chapter 7. 
Note that withdrawals from ABLE accounts (i.e., tax advantaged savings accounts under 
the Achieving a Better Life Experience Act) are also an exception and are excluded from 
income.  (Notice PIH 2019-09) 
General Policies 
Income from Assets 
The PHA generally will use current circumstances to determine both the value of an asset and the 
anticipated income from the asset. As is true for all sources of income, HUD authorizes the PHA 
to use other than current circumstances to anticipate income when (1) an imminent change in 
circumstances is expected (2) it is not feasible to anticipate a level of income over 12 months or 
(3) the PHA believes that past income is the best indicator of anticipated income. For example, if 
a family member owns real property that typically receives rental income but the property is 
currently vacant, the PHA can take into consideration past rental income along with the 
prospects of obtaining a new tenant. 
PHA Policy 
Any time current circumstances are not used to determine asset income, a clear rationale 
for the decision will be documented in the file. In such cases the family may present 
information and documentation to the PHA to show why the asset income determination 
does not represent the family’s anticipated asset income. 
Valuing Assets 
The calculation of asset income sometimes requires the PHA to make a distinction between an 
asset’s market value and its cash value. 
• The market value of an asset is its worth in the market (e.g., the amount a buyer would 
pay for real estate or the total value of an investment account). 
• The cash value of an asset is its market value less all reasonable amounts that would be 
incurred when converting the asset to cash.

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PHA Policy 
Reasonable costs that would be incurred when disposing of an asset include, but are not 
limited to, penalties for premature withdrawal, broker and legal fees, and settlement costs 
incurred in real estate transactions [HCV GB, p. 5-28 and PH Occ GB, p. 121]. 
Lump-Sum Receipts 
Payments that are received in a single lump sum, such as inheritances, capital gains, lottery 
winnings, insurance settlements, and proceeds from the sale of property, are generally considered 
assets, not income. However, such lump-sum receipts are counted as assets only if they are 
retained by a family in a form recognizable as an asset (e.g., deposited in a savings or checking 
account) [RHIIP FAQs]. (For a discussion of lump-sum payments that represent the delayed start 
of a periodic payment, most of which are counted as income, see Sections 6-I.H and 6-I.I.) 
Imputing Income from Assets [24 CFR §5.609(b)(3), Notice PIH 2012-29] 
• When net family assets are $5,000 or less, the PHA will include in annual income the 
actual income anticipated to be derived from the assets. When the family has net family 
assets in excess of $5,000, the PHA will include in annual income the greater of (1) the 
actual income derived from the assets or (2) the imputed income. Imputed income from 
assets is calculated by multiplying the total cash value of all family assets by an average 
passbook savings rate as determined by the PHA. Note:  The HUD field office no longer 
provides an interest rate for imputed asset income. The “safe harbor” is now for the PHA 
to establish a passbook rate within 0.75 percent of a national average. 
• The PHA must review its passbook rate annually to ensure that it remains within 0.75 
percent of the national average. 
Determining Actual Anticipated Income from Assets 
It may or may not be necessary for the PHA to use the value of an asset to compute the actual 
anticipated income from the asset. When the value is required to compute the anticipated income 
from an asset, the market value of the asset is used. For example, if the asset is a property for 
which a family receives rental income, the anticipated income is determined by annualizing the 
actual monthly rental amount received for the property; it is not based on the property’s market 
value. However, if the asset is a savings account, the anticipated income is determined by 
multiplying the market value of the account by the interest rate on the account. 
Withdrawal of Cash or Liquidation of Investments 
Any withdrawal of cash or assets from an investment will be included in income except to the 
extent that the withdrawal reimburses amounts invested by the family. For example, when a 
family member retires, the amount received by the family from a retirement investment plan is 
not counted as income until the family has received payments equal to the amount the family 
member deposited into the retirement investment plan.

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Jointly Owned Assets 
The regulation at 24 CFR §5.609(a)(4) specifies that annual income includes “amounts derived 
(during the 12-month period) from assets to which any member of the family has access.” 
PHA Policy 
If an asset is owned by more than one person and any family member has unrestricted 
access to the asset, the PHA will count the full value of the asset. A family member has 
unrestricted access to an asset when he or she can legally dispose of the asset without the 
consent of any of the other owners. 
 
If an asset is owned by more than one person, including a family member, but the family 
member does not have unrestricted access to the asset, the PHA will prorate the asset 
according to the percentage of ownership. If no percentage is specified or provided for by 
state or local law, the PHA will prorate the asset evenly among all owners. 
Assets Disposed Of for Less than Fair Market Value [24 CFR §5.603(b)] 
HUD regulations require the PHA to count as a current asset any business or family asset that 
was disposed of for less than fair market value during the two years prior to the effective date of 
the examination/reexamination, except as noted below. 
Minimum Threshold 
The PHA may set a threshold below which assets disposed of for less than fair market value will 
not be counted [HCV GB, p. 5-27]. 
PHA Policy 
The PHA will not include the value of assets disposed of for less than fair market value 
unless the cumulative fair market value of all assets disposed of during the past two years 
exceeds the gross amount received for the assets by more than $1,000. 
 
When the two-year period expires, the income assigned to the disposed asset(s) also 
expires. If the two-year period ends between annual recertifications, the family may 
request an interim recertification to eliminate consideration of the asset(s). 
 
Assets placed by the family in non-revocable trusts are considered assets disposed of for 
less than fair market value except when the assets placed in trust were received through 
settlements or judgments. 
Separation or Divorce 
The regulation also specifies that assets are not considered disposed of for less than fair market 
value if they are disposed of as part of a separation or divorce settlement and the applicant or 
tenant receives important consideration not measurable in dollar terms.

6-25 
PHA Policy 
All assets disposed of as part of a separation or divorce settlement will be considered 
assets for which important consideration not measurable in monetary terms has been 
received. In order to qualify for this exemption, a family member must be subject to a 
formal separation or divorce settlement agreement established through arbitration, 
mediation, or court order. 
Foreclosure or Bankruptcy 
Assets are not considered disposed of for less than fair market value when the disposition is the 
result of a foreclosure or bankruptcy sale. 
Family Declaration 
PHA Policy 
Families must sign a declaration form at initial certification and each annual 
recertification identifying all assets that have been disposed of for less than fair market 
value or declaring that no assets have been disposed of for less than fair market value. 
 
The PHA may verify the value of the assets disposed of if other information available to 
the PHA does not appear to agree with the information reported by the family. 
Types of Assets 
Checking and Savings Accounts 
For regular checking accounts and savings accounts, cash value has the same meaning as market 
value. If a checking account does not bear interest, the anticipated income from the account is 
zero. 
PHA Policy 
For families with net assets totaling $5,000 or less, the PHA may accept the family’s 
declaration of asset value and anticipated asset income (Notice PIH 2016-05). However, 
the PHA is required to obtain third-party verification of all assets regardless of the 
amount during the intake process, whenever a family member is added, and at least every 
three years thereafter. 
 
When third-party verification is required, the PHA will do the following: 
 
In determining the value of a checking account, the PHA will use the average monthly 
balance for the last three (3) months if the asset is equal to or greater than $5,000 (Notice 
PIH 2016-05). 
 
In determining the value of a savings account, the PHA will use the current balance 
provided on the family’s declaration if it equals to or is less than $5,000.

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In determining the anticipated income from an interest-bearing checking or savings 
account, the PHA will multiply the value of the account by the current rate of interest 
paid on the account. 
Investment Accounts Such as Stocks, Bonds, Saving Certificates, and Money Market Funds 
Interest or dividends earned by investment accounts are counted as actual income from assets 
even when the earnings are reinvested. The cash value of such an asset is determined by 
deducting from the market value any broker fees, penalties for early withdrawal, or other costs of 
converting the asset to cash. 
PHA Policy 
In determining the market value of an investment account, the PHA will use the value of 
the account on the most recent investment report. 
 
How anticipated income from an investment account will be calculated depends on 
whether the rate of return is known. For assets that are held in an investment account with 
a known rate of return (e.g., savings certificates), asset income will be calculated based 
on that known rate (market value multiplied by rate of earnings). When the anticipated 
rate of return is not known (e.g., stocks), the PHA will calculate asset income based on 
the earnings for the most recent reporting period. 
Equity in Real Property or Other Capital Investments 
Equity (cash value) in a property or other capital asset is the estimated current market value of 
the asset less the unpaid balance on all loans secured by the asset and reasonable costs (such as 
broker fees) that would be incurred in selling the asset [HCV GB, p. 5-25 and PH, p. 121]. 
Equity in real property and other capital investments is considered in the calculation of asset 
income except for the following types of assets: 
• Equity accounts in HUD homeownership programs [24 CFR §5.603(b)] 
• Equity in real property when a family member’s main occupation is real estate [HCV GB, 
p. 5-25]. This real estate is considered a business asset, and income related to this asset 
will be calculated as described in Section 6-I.F. 
• Interests in Indian Trust lands [24 CFR §5.603(b)] 
• Real property and capital assets that are part of an active business or farming operation 
[HCV GB, p. 5-25] 
A family may have real property as an asset in two ways: (1) owning the property itself and (2) 
holding a mortgage or deed of trust on the property. In the case of a property owned by a family 
member, the anticipated asset income generally will be in the form of rent or other payment for 
the use of the property. If the property generates no income, actual anticipated income from the 
asset will be zero. 
In the case of a mortgage or deed of trust held by a family member, the outstanding balance 
(unpaid principal) is the cash value of the asset. The interest portion only of payments made to

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the family in accordance with the terms of the mortgage or deed of trust is counted as anticipated 
asset income. 
PHA Policy 
In the case of capital investments owned jointly with others not living in a family’s unit, a 
prorated share of the property’s cash value will be counted as an asset unless the PHA 
determines that the family receives no income from the property and is unable to sell or 
otherwise convert the asset to cash. 
Trusts 
A trust is a legal arrangement generally regulated by state law in which one party (the creator or 
grantor) transfers property to a second party (the trustee) who holds the property for the benefit 
of one or more third parties (the beneficiaries). 
Revocable Trusts 
If any member of a family has the right to withdraw the funds in a trust, the value of the trust is 
considered an asset [HCV GB, p. 5-25]. Any income earned as a result of investment of trust 
funds is counted as actual asset income, whether the income is paid to the family or deposited in 
the trust. 
Non-revocable Trusts 
In cases where a trust is not revocable by, or under the control of, any member of a family, the 
value of the trust fund is not considered an asset. However, any income distributed to the family 
from such a trust is counted as a periodic payment or a lump-sum receipt, as appropriate [24 CFR 
§5.603(b)]. (Periodic payments are covered in Section 6-I.H. Lump-sum receipts are discussed 
earlier in this section.) 
Retirement Accounts 
Company Retirement/Pension Accounts 
In order to correctly include or exclude as an asset any amount held in a company retirement or 
pension account by an employed person, the PHA must know whether the money is accessible 
before retirement [HCV GB, p. 5-26]. 
While a family member is employed, only the amount the family member can withdraw without 
retiring or terminating employment is counted as an asset [HCV GB, p. 5-26]. 
After a family member retires or terminates employment, any amount distributed to the family 
member is counted as a periodic payment or a lump-sum receipt, as appropriate [HCV GB, p. 5-
26], except to the extent that it represents funds invested in the account by the family member. 
(For more on periodic payments, see Section 6-I.H.) The balance in the account is counted as an 
asset only if it remains accessible to the family member.

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IRA, Keogh, and Similar Retirement Savings Accounts 
IRA, Keogh, and similar retirement savings accounts are counted as assets even though early 
withdrawal would result in a penalty [HCV GB, p. 5-25]. 
Personal Property 
Personal property held as an investment, such as gems, jewelry, coin collections, antique cars, 
etc., is considered an asset [HCV GB, p. 5-25]. 
PHA Policy 
In determining the value of personal property held as an investment, the PHA will use the 
family’s estimate of the value. The PHA may obtain an appraisal if there is reason to 
believe that the family’s estimated value is off by $50 or more. The family must 
cooperate with the appraiser but cannot be charged any costs related to the appraisal. 
 
Generally, personal property held as an investment generates no income until it is 
disposed of. If regular income is generated (e.g., income from renting the personal 
property), the amount that is expected to be earned in the coming year is counted as 
actual income from the asset. 
Necessary items of personal property are not considered assets [24 CFR §5.603(b)]. 
PHA Policy 
Necessary personal property consists of only those items not held as an investment.  It 
may include clothing, furniture, household furnishings, jewelry, and vehicles, including 
those specially equipped for persons with disabilities. 
Life Insurance 
The cash value of a life insurance policy available to a family member before death, such as a 
whole life or universal life policy, is included in the calculation of the value of the family’s 
assets [HCV GB 5-25]. The cash value is the surrender value. If such a policy earns dividends or 
interest that the family could elect to receive, the anticipated amount of dividends or interest is 
counted as income from the asset whether or not the family actually receives it. 
6-I.H. PERIODIC PAYMENTS 
Periodic payments are forms of income received on a regular basis. HUD regulations specify 
periodic payments that are and are not included in annual income. 
Periodic Payments Included in Annual Income 
• Periodic payments from sources such as social security, unemployment and welfare 
assistance, annuities, insurance policies, retirement funds, and pensions. However, 
periodic payments from retirement accounts, annuities, and similar forms of investments

6-29 
are counted only after they exceed the amount contributed by the family [24 CFR 
§5.609(b)(4) and (b)(3)]. 
• Disability or death benefits and lottery receipts paid periodically, rather than in a single 
lump sum [24 CFR §5.609(b)(4) and HCV, p. 5-14] 
Lump-Sum Payments for the Delayed Start of a Periodic Payment 
Most lump sums received as a result of delays in processing periodic payments, such as 
unemployment or welfare assistance, are counted as income. However, lump-sum receipts for the 
delayed start of periodic social security or supplemental security income (SSI) payments are not 
counted as income. Additionally, any deferred disability benefits that are received in a lump sum 
or in prospective monthly amounts from the Department of Veterans Affairs are to excluded 
from annual income [24 CFR §5.609 (c)(14)]. 
PHA Policy 
When a delayed-start payment is received and reported during the period in which the 
PHA is processing an annual reexamination, the PHA will adjust the tenant rent 
retroactively for the period the payment was intended to cover. The family may pay in 
full any amount due or request to enter into a repayment agreement with the PHA. 
 
See the chapter on reexaminations for information about a family’s obligation to report 
lump-sum receipts between annual reexaminations. 
Treatment of Overpayment Deductions from Social Security Benefits 
The PHA must make a special calculation of annual income when the Social Security 
Administration (SSA) overpays an individual, resulting in a withholding or deduction from his or 
her benefit amount until the overpayment is paid in full. The amount and duration of the 
withholding will vary depending on the amount of the overpayment and the percent of the 
benefit rate withheld. Regardless of the amount withheld or the length of the withholding period, 
the PHA must use the reduced benefit amount after deducting only the amount of the 
overpayment withholding from the gross benefit amount [Notice PIH 2018-24]. 
Periodic Payments Excluded from Annual Income 
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) [24 CFR §5.609(c)(2)].  
Kinship care payments are considered equivalent to foster care payments and are also excluded 
from annual income [Notice PIH 2008-40]. 
PHA Policy 
The PHA will exclude payments for the care of foster children and foster adults only if 
the care is provided through an official arrangement with a local welfare agency [HCV 
GB, p. 5-18].

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• 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 
[24 CFR §5.609(c)(16)] 
• Amounts received under the Low-Income Home Energy Assistance Program (42 
U.S.C. 1626(c)) [24 CFR §5.609(c)(17)] 
• Amounts received under the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858q) [24 CFR §5.609(c)(17)] 
• Earned Income Tax Credit (EITC) refund payments (26 U.S.C. 32(j)) [24 CFR 
§5.609(c)(17)]. Note: EITC may be paid periodically if the family elects to 
receive the amount due as part of payroll payments from an employer. 
• Lump sums received as a result of delays in processing Social Security and SSI 
payments (see Section 6-I.H.) [24 CFR §5.609(c)(14)]. 
• Lump-sums or prospective monthly amounts received as deferred disability 
benefits from the Department of Veterans Affairs (VA) [24 CFR §5.609(c)(14)]. 
6-I.I. PAYMENTS IN LIEU OF EARNINGS 
Payments in lieu of earnings, such as unemployment and disability compensation, worker’s 
compensation, and severance pay, are counted as income [24 CFR §5.609(b)(5)] if they are 
received either in the form of periodic payments or in the form of a lump-sum amount or 
prospective monthly amounts for the delayed start of a periodic payment. If they are received in 
a one-time lump sum (as a settlement, for instance), they are treated as lump-sum receipts [24 
CFR §5.609(c)(3)]. (See also the discussion of periodic payments in Section 6-I.H and the 
discussion of lump-sum receipts in Section 6-I.G.) 
6-I.J. WELFARE ASSISTANCE 
Overview 
Welfare assistance is counted in annual income. Welfare assistance includes Temporary 
Assistance for Needy Families (TANF) and any payments to individuals or families based on 
need that are made under programs funded separately or jointly by federal, state, or local 
governments [24 CFR §5.603(b)]. 
Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR §5.615] 
The PHA must make a special calculation of annual income when the welfare agency imposes 
certain sanctions on certain families. The full text of the regulation at 24 CFR §5.615 is provided 
as Exhibit 6-5. The requirements are summarized below. This rule applies only if a family was a 
public housing resident at the time the sanction was imposed.

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Covered Families 
The families covered by 24 CFR §5.615 are those “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.” [24 CFR §5.615(b)] 
Imputed Income 
When a welfare agency imposes a sanction that reduces a family’s welfare income because the 
family commits fraud or fails to comply with the agency’s economic self-sufficiency program or 
work activities requirement, the PHA must include in annual income “imputed” welfare income. 
The PHA must request that the welfare agency provide the reason for the reduction of benefits 
and the amount of the reduction of benefits. The imputed welfare income is the amount that the 
benefits were reduced as a result of the sanction. 
This requirement does not apply to reductions in welfare benefits: (1) at the expiration of the 
lifetime or other time limit on the payment of welfare benefits, (2) if a family member is unable 
to find employment even though the family member has complied with the welfare agency 
economic self-sufficiency or work activities requirements, or (3) because a family member has 
not complied with other welfare agency requirements [24 CFR §5.615(b)(2)]. 
For special procedures related to grievance hearings based upon the PHA’s denial of a family’s 
request to lower rent when the family experiences a welfare benefit reduction, see Chapter 14, 
Grievances and Appeals. 
Offsets 
The amount of the imputed welfare income is offset by the amount of additional income the 
family begins to receive after the sanction is imposed. When the additional income equals or 
exceeds the imputed welfare income, the imputed income is reduced to zero [24 CFR 
§5.615(c)(4)]. 
6-I.K. PERIODIC AND DETERMINABLE ALLOWANCES [24 CFR §5.609(B)(7)] 
Annual income includes periodic and determinable allowances, such as alimony and child 
support payments, and regular contributions or gifts received from organizations or from persons 
not residing with a tenant family. 
Alimony and Child Support 
The PHA must count alimony or child support amounts awarded as part of a divorce or 
separation agreement.

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PHA Policy 
The PHA will count court-awarded amounts for alimony and child support unless the 
PHA verifies that (1) the payments are not being made and (2) the family has made 
reasonable efforts to collect amounts due, including filing with courts or agencies 
responsible for enforcing payments [HCV GB, pp. 5-23 and 5-47]. 
 
Families who do not have court-awarded alimony and child support awards are not 
required to seek a court award and are not required to take independent legal action to 
obtain collection. 
Regular Contributions or Gifts  
The PHA must count as income regular monetary and nonmonetary contributions or gifts from 
persons not residing with a tenant family [24 CFR §5.609(b)(7)]. Temporary, nonrecurring, or 
sporadic income and gifts are not counted [24 CFR §5.609(c)(9)]. 
PHA Policy 
Examples of regular contributions include: (1) regular payment of a family’s bills (e.g., 
utilities, telephone, rent, credit cards, and car payments), (2) cash or other liquid assets 
provided to any family member on a regular basis, and (3) “in-kind” contributions such 
as groceries and clothing provided to a family on a regular basis. 
 
Nonmonetary contributions will be valued at the cost of purchasing the items, as 
determined by the PHA. For contributions that may vary from month to month (e.g., 
utility payments), the PHA will include an average amount based upon past history. 
6-I.L. ADDITIONAL EXCLUSIONS FROM ANNUAL INCOME 
Other exclusions contained in 24 CFR §5.609(c) and updated by FR Notice 05/20/14 that have 
not been discussed earlier in this chapter include the following: 
• Reimbursement of medical expenses [24 CFR §5.609(c)(4)] 
• The full amount of student financial assistance paid directly to the student or to the 
educational institution [24 CFR §5.609(c)(6)], except that in accordance with Section 224 
of the FY 2005 Appropriations Act, the portion of any athletic scholarship assistance 
available for housing costs must be included in annual income [PIH Notice 2005-16]. 
PHA Policy 
Regular financial support from parents or guardians to students for food, clothing 
personal items, and entertainment is not considered student financial assistance and is 
included in annual income. 
• Amounts received by participants in other publicly assisted programs which are specifically 
for or in reimbursement of out-of-pocket expenses incurred and which are made solely to 
allow participation in a specific program [24 CFR 5.609(c)(8)(iii)]

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• 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) [(24 CFR §5.609(c)(8)(ii)] 
• 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 [24 CFR 
§5.609(c)(10)] 
• Adoption assistance payments in excess of $480 per adopted child [24 CFR §5.609(c)(12)] 
• Refunds or rebates on property taxes paid on the dwelling unit [24 CFR §5.609(c)(15)] 
• 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 [24 CFR §5.609(c)(16)] 
• Amounts specifically excluded by any other federal statute [24 CFR §5.609(c)(17)]. FR 
Notice 5/20/2014. HUD publishes an updated list of these exclusions periodically. It 
includes: 
(a) The value of the allotment provided to an eligible household under the Food Stamp 
Act of 1977 (7 U.S.C. 2017 (b)) 
(b) Benefits under Section 1780 of the School Lunch Act and Child Nutrition Act of 
1966, including WIC 
(c) Payments to Volunteers under the Domestic Volunteer Services Act of 1973 (42 
U.S.C. 5044(g), 5058) 
(d) Payments received under the Alaska Native Claims Settlement Act (43 U.S.C. 
1626(c)) 
(e) 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) 
(f) Payments or allowances made under the Department of Health and Human Services’ 
Low-Income Home Energy Assistance Program (42 U.S.C. 8624(f)) 
(g) Payments received under programs funded in whole or in part under the Workforce 
Investment Act of 1998 (29 U.S.C. 2931) 
(h) Deferred disability benefits from the Department of Veterans Affairs, whether 
received as a lump sum or in monthly prospective amounts. 
(i) Income derived from the disposition of funds to the Grand River Band of Ottawa 
Indians (Pub. L. 94-540, 90 Stat. 2503-04)

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(j) Payments, funds, or distributions authorized, established, or directed by the Seneca 
Nation Settlement Act of 1990 (25 U.S.C. 1774f(b)) 
(k) A lump sum or periodic payment received by an individual Indian pursuant to the 
Class Action Settlement Agreement in the United States District Court case entitled 
Elouise Cobell et al. v Ken Salazar et al.,  for a period of one year from the time of 
receipt of that payment in the Claims Resolution Act of 2010 
(l) The first $2,000 of per capita shares received from judgment funds awarded by the 
Indian Claims Commission or the U. S. Claims Court, the interests of individual 
Indians in trust or restricted lands, including 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) 
(m) Benefits under the Indian Veterans Housing Opportunity Act of 2010 (only applies to 
Native American housing programs) 
(n) Payments received from programs funded under Title V of the Older Americans Act 
of 1985 (42 U.S.C. 3056(f)) 
(o) Payments received on or after January 1, 1989, from the Agent Orange Settlement 
Fund or any other fund established pursuant to the settlement in In Re Agent Orange-
product liability litigation, M.D.L. No. 381 (E.D.N.Y.) 
(p) Payments received under 38 U.S.C. 18339(c) to children of Vietnam veterans born 
with spinal bifida, children of women Vietnam veterans born with certain defects, and 
children of certain Korean service veterans born with spinal bifida 
(q) Payments received under the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 
1721) 
(r) The value of any child care 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) 
(s) Earned income tax credit (EITC) refund payments received on or after January 1, 
1991 (26 U.S.C. 32(j)) 
(t) 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) 
(u) Amounts of scholarship funded under Title IV of the Higher Education Act of 1965, 
including awards under federal work-study programs or under the Bureau of Indian 
Affairs student assistance programs (20 U.S.C.108.7uu). For Section 8 programs, the 
exception found in § 237 of Public Law 109-249 applies and requires that the amount 
of financial assistance in excess of tuition shall be considered income in accordance

6-35 
with the provisions codified at 24 CFR §5.609(b)(9), except for those persons with 
disabilities as defined by 42 U.S.C. 1437 a(b)(3)(E) (Pub. L. 109-249) 
(v) Allowances, earnings and payments to AmeriCorps participants under the National 
and Community Service Act of 1990 (42 U.S.C. 12637(d)) 
(w) 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) 
(x) Any amounts in an “individual development account” as provided by the Assets for 
Independence Act, as amended in 2002 
(y) Payments made from the proceeds of Indian tribal trust cases as described in Notice 
PIH 2013-30, “Exclusion from Income of Payments under Recent Tribal Trust 
Settlements” (25 U.S.C. 117b(a)). 
(z) Major disaster and emergency assistance received under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act and comparable disaster assistance 
provided by states, local governments, and disaster assistance organizations. 
(aa) Distributions from an ABLE account, and actual or imputed interest on the ABLE 
account balance (Achieving a Better Life Experience Act of 2014).

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PART II: ADJUSTED INCOME 
6-II.A. INTRODUCTION 
Overview 
HUD regulations require PHAs to deduct from annual income any of five mandatory deductions 
for which a family qualifies. The resulting amount is the family’s adjusted income. Mandatory 
deductions are found in 24 CFR §5.611. 
 
 
 
 
 
 
 
 
 
 
 
 
This part covers policies related to these mandatory deductions. Verification requirements related 
to these deductions are found in Chapter 7, Verifications. 
Anticipating Expenses 
PHA Policy 
Generally, the PHA will use current circumstances to anticipate expenses. When possible, 
for costs that are expected to fluctuate during the year (e.g., child care during school and 
non-school periods and cyclical medical expenses), the PHA will estimate costs based on 
historic data and known future costs. 
 
If a family has an accumulated debt for medical or disability assistance expenses, the 
PHA will include as an eligible expense the portion of the debt that the family expects to 
pay during the period for which the income determination is being made. However, 
24 CFR §5.611(a) Mandatory deductions. In determining adjusted income, the responsible 
entity (PHA) must deduct the following amounts from annual income: 
(1) $480 for each dependent; 
(2) $400 for any elderly family or disabled family; 
(3) The sum of the following, to the extent the sum exceeds three percent of annual 
income: 
(i) 
Unreimbursed medical expenses of any elderly family or disabled family; 
(ii) 
Unreimbursed reasonable attendant care and auxiliary 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. This deduction may not exceed the 
earned income received by family members who are 18 years of age or older 
and who are able to work because of such attendant care or auxiliary 
apparatus; and 
(4) Any reasonable child care expenses necessary to enable a member of the family to be 
employed or to further his or her education.

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amounts previously deducted will not be allowed even if the amounts were not paid as 
expected in a preceding period. The PHA may require the family to provide 
documentation of payments made in the preceding year. 
6-II.B. DEPENDENT DEDUCTION 
An allowance of $480 is deducted from annual income for each dependent [24 CFR 
§5.611(a)(1)]. Dependent is defined as any family member other than the head, spouse, or 
cohead who is under the age of 18 or who is 18 or older and is a person with disabilities or a full-
time student. Foster children, foster adults, and live-in aides are never considered dependents [24 
CFR §5.603(b)]. 
6-II.C. ELDERLY OR DISABLED FAMILY DEDUCTION 
A single deduction of $400 is taken for any elderly or disabled family [24 CFR §5.611(a)(2)]. An 
elderly family is a family whose head, spouse, cohead, or sole member is 62 years of age or 
older, and a disabled family is a family whose head, spouse, cohead, or sole member is a person 
with disabilities [24 CFR §5.403]. 
6-II.D. MEDICAL EXPENSES DEDUCTION [24 CFR §5.611(A)(3)(I)] 
Unreimbursed medical expenses may be deducted to the extent that, in combination with any 
disability assistance expenses, they exceed three percent of annual income. 
The medical expense deduction is permitted only for families in which the head, spouse, or 
cohead is at least 62 or is a person with disabilities. If a family is eligible for a medical expense 
deduction, the medical expenses of all family members are counted [VG, p. 28]. 
Definition of Medical Expenses 
HUD regulations define medical expenses at 24 CFR §5.603(b) to mean “…medical expenses, 
including medical insurance premiums that are anticipated during the period for which annual 
income is computed, and that are not covered by insurance.” 
PHA Policy 
The most current IRS Publication 502, Medical and Dental Expenses, will be used as a 
reference to determine the costs that qualify as medical expenses.

6-38 
 
Summary of Allowable Medical Expenses from IRS Publication 502 
• Services of medical professionals 
• Surgery and medical procedures that are 
necessary, legal, non-cosmetic 
• Services of medical facilities 
• Hospitalization, long-term care, and in-
home nursing services 
• Prescription medicines and insulin, but 
not nonprescription medicines even if 
recommended by a doctor 
• Improvements to housing directly 
related to medical needs (e.g., ramps for 
a wheel chair, handrails) 
• Substance abuse treatment programs 
• Psychiatric treatment 
• Ambulance services and some costs of 
transportation related to medical 
expenses 
• The cost and care of necessary 
equipment related to a medical 
condition (e.g., eyeglasses/lenses, 
hearing aids, crutches, and artificial 
teeth) 
• Cost and continuing care of necessary 
service animals 
• Medical insurance premiums or the 
cost of a health maintenance 
organization (HMO) 
Note: This chart provides a summary of eligible medical expenses only. Detailed 
information is provided in IRS Publication 502. Medical expenses are considered only 
to the extent they are not reimbursed by insurance or some other source. 
 
PHA Policy 
The cost of medical marijuana is not considered a deductible medical expense. 
Families that Qualify for Both Medical and Disability Assistance Expenses 
PHA Policy 
This policy applies only to families in which the head, spouse, or cohead is 62 or older or 
is a person with disabilities. 
 
When expenses anticipated by a family could be defined as either medical or disability 
assistance expenses, the PHA will consider them medical expenses unless it is clear that 
the expenses are incurred exclusively to enable a person with disabilities to work. 
6-II.E. DISABILITY ASSISTANCE EXPENSES DEDUCTION [24 CFR §5.603(B) AND 
24 CFR §5.611(A)(3)(II)] 
Reasonable expenses for attendant care and auxiliary apparatus for a disabled family member 
may be deducted if they: (1) are necessary to enable a family member 18 years or older to work, 
(2) are not paid to a family member or reimbursed by an outside source, (3) in combination with 
any medical expenses, exceed three percent of annual income, and (4) do not exceed the earned 
income received by the family member who is enabled to work.

6-39 
Earned Income Limit on the Disability Assistance Expense Deduction 
A family can qualify for the disability assistance expense deduction only if at least one family 
member (who may be the person with disabilities) is enabled to work [24 CFR §5.603(b)]. 
The disability expense deduction is capped by the amount of “earned income received by family 
members who are 18 years of age or older and who are able to work” because of the expense [24 
CFR §5.611(a)(3)(ii)]. The earned income used for this purpose is the amount verified before any 
earned income disallowances or income exclusions are applied. 
 
PHA Policy 
The family must identify the family members enabled to work as a result of the disability 
assistance expenses. In evaluating the family’s request, the PHA will consider factors 
such as how the work schedule of the relevant family members relates to the hours of 
care provided, the time required for transportation, the relationship of the family 
members to the person with disabilities, and any special needs of the person with 
disabilities that might determine which family members are enabled to work. 
 
When the PHA determines that the disability assistance expenses enable more than one 
family member to work, the disability assistance expenses will be capped by the sum of 
the family members’ incomes [PH Occ GB,  p. 124]. 
Eligibility Disability Expenses 
Examples of auxiliary apparatus are provided in the PH Occupancy Guidebook as follows: 
“Auxiliary apparatus: Including wheelchairs, walkers, scooters, reading devices for persons with 
visual disabilities, equipment added to cars and vans to permit their use by the family member 
with a disability, or service animals” [PH Occ GB, p. 124], but only if these items are directly 
related to permitting the disabled person or other family member to work [HCV GB, p. 5-30]. 
HUD advises PHAs to further define and describe auxiliary apparatus [VG, p. 30]. 
Eligible Auxiliary Apparatus 
PHA Policy 
Expenses incurred for maintaining or repairing an auxiliary apparatus are eligible. In the 
case of an apparatus that is specially adapted to accommodate a person with disabilities 
(e.g., a vehicle or computer), the cost to maintain the special adaptations (but not 
maintenance of the apparatus itself) is an eligible expense. The cost of service animals 
trained to give assistance to persons with disabilities, including the cost of acquiring the 
animal, veterinary care, food, grooming, and other continuing costs of care, will be 
included.

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Eligible Attendant Care 
The family determines the type of attendant care that is appropriate for the person with 
disabilities. 
PHA Policy 
Attendant care includes, but is not limited to, reasonable costs for home medical care, 
nursing services, in-home or center-based care services, interpreters for persons with 
hearing impairments, and readers for persons with visual disabilities. 
 
Attendant care expenses will be included for the period that the person enabled to work is 
employed plus reasonable transportation time. The cost of general housekeeping and 
personal services is not an eligible attendant care expense. However, if the person 
enabled to work is the person with disabilities, personal services necessary to enable the 
person with disabilities to work are eligible. 
 
If the care attendant also provides other services to the family, the PHA will prorate the 
cost and allow only that portion of the expenses attributable to attendant care that enables 
a family member to work. For example, if the care provider also cares for a child who is 
not the person with disabilities, the cost of care must be prorated. Unless otherwise 
specified by the care provider, the calculation will be based upon the number of hours 
spent in each activity and/or the number of persons under care. 
Payments to Family Members 
No disability expenses may be deducted for payments to a member of a tenant family [23 CFR 
§5.603(b)].  However, expenses paid to a relative who is not a member of the tenant family may 
be deducted if they are not reimbursed by an outside source. 
Necessary and Reasonable Expenses 
The family determines the type of care or auxiliary apparatus to be provided and must describe 
how the expenses enable a family member to work. The family must certify that the disability 
assistance expenses are necessary and are not paid or reimbursed by any other source. 
PHA Policy 
The PHA determines the reasonableness of the expenses based on typical costs of care or 
apparatus in the locality. To establish typical costs, the PHA will collect information 
from organizations that provide services and support to persons with disabilities. A 
family may present, and the PHA will consider, the family’s justification for costs that 
exceed typical costs in the area. 
Families that Qualify for Both Medical and Disability Assistance Expenses 
PHA Policy

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This policy applies only to families in which the head, spouse, or cohead is 62 or older or 
is a person with disabilities. 
 
When expenses anticipated by a family could be defined as either medical or disability 
assistance expenses, the PHA will consider them medical expenses unless it is clear that 
the expenses are incurred exclusively to enable a person with disabilities to work. 
6-II.F. CHILD CARE EXPENSE DEDUCTION 
HUD defines child care expenses at 24 CFR §5.603(b) as “amounts anticipated to be paid by the 
family for the care of children under 13 years of age 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 child care. 
In the case of child care necessary to permit employment, the amount deducted shall not exceed 
the amount of employment income that is included in annual income.” 
Child care expenses do not include child support payments made to another on behalf of a minor 
who is not living in an assisted family’s household [VG, p. 26]. However, child care expenses for 
foster children that are living in the assisted family’s household are included when determining 
the family’s child care expenses. 
Qualifying for the Deduction 
Determining Who is Enabled to Pursue an Eligible Activity 
PHA Policy 
The family must identify the family member(s) enabled to pursue an eligible activity. The 
term eligible activity in this section means any of the activities that may make the family 
eligible for a child care deduction (seeking work, pursuing an education, or being 
gainfully employed). 
 
In evaluating the family’s request, the PHA will consider factors such as how the 
schedule for the claimed activity relates to the hours of care provided, the time required 
for transportation, the relationship of the family member(s) to the child, and any special 
needs of the child that might help determine which family member is enabled to pursue 
an eligible activity. 
Seeking Work 
PHA Policy 
If the child care expense being claimed is to enable a family member to seek 
employment, the family must provide evidence of the family member’s efforts to obtain 
employment at each reexamination. The deduction may be reduced or denied if the

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family member’s job search efforts are not commensurate with the child care expense 
being allowed by the PHA. 
Furthering Education 
PHA Policy 
If the child care expense being claimed is to enable a family member to further his or her 
education, the member must be enrolled in school (academic or vocational) or 
participating in a formal training program. The family member is not required to be a 
full-time student, but the time spent in educational activities must be commensurate with 
the child care claimed. 
Being Gainfully Employed 
PHA Policy 
If the child care expense being claimed is to enable a family member to be gainfully 
employed, the family must provide evidence of the family member’s employment during 
the time that child care is being provided. Gainful employment is any legal work activity 
(full- or part-time) for which a family member is compensated. 
Earned Income Limit on Child Care Expense Deduction 
When a family member looks for work or furthers his or her education, there is no cap on the 
amount that may be deducted for child care – although the care must still be necessary and 
reasonable. However, when child care enables a family member to work, the deduction is capped 
by “the amount of employment income that is included in annual income” [24 CFR §5.603(b)]. 
The earned income used for this purpose is the amount of earned income verified after any 
earned income disallowances or income exclusions are applied. 
When the person who is enabled to work is a person who receives the earned income 
disallowance (EID) or a full-time student whose earned income above $480 is excluded, child 
care costs related to enabling a family member to work may not exceed the portion of the 
person’s earned income that actually is included in annual income. For example, if a family 
member who qualifies for the EID makes $15,000 but because of the EID only $5,000 is 
included in annual income, child care expenses are limited to $5,000. 
The PHA must not limit the deduction to the least expensive type of child care. If the care allows 
the family to pursue more than one eligible activity, including work, the cap is calculated in 
proportion to the amount of time spent working [HCV GB, p. 5-30]. 
PHA Policy 
When the child care expense being claimed is to enable a family member to work, only 
one family member’s income will be considered for a given period of time. When more 
than one family member works during a given period, the PHA generally will limit 
allowable child care expenses to the earned income of the lowest-paid member. The

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family may provide information that supports a request to designate another family 
member as the person enabled to work. 
Eligible Child Care Expense 
The type of care to be provided is determined by the tenant family. The PHA may not refuse to 
give a family the child care expense deduction because there is an adult family member in the 
household that may be available to provide child care [VG, p. 26]. 
Allowable Child Care Activities 
PHA Policy 
For school-age children, costs attributable to public or private school activities during 
standard school hours are not considered. Expenses incurred for supervised activities 
after school or during school holidays (e.g., summer day camp, after-school sports 
league) are allowable forms of child care. 
 
The costs of general housekeeping and personal services are not eligible. Likewise, child 
care expenses paid to a family member who lives in the family’s unit are not eligible; 
however, payments for child care to relatives who do not live in the unit are eligible. 
 
If a child care provider also renders other services to a family or child care is used to 
enable a family member to conduct activities that are not eligible for consideration, the 
PHA will prorate the costs and allow only that portion of the expenses that is attributable 
to child care for eligible activities. For example, if the care provider also cares for a child 
with disabilities who is 13 or older, the cost of care will be prorated. Unless otherwise 
specified by the child care provider, the calculation will be based upon the number of 
hours spent in each activity and/or the number of persons under care. 
Necessary and Reasonable Costs 
Child care expenses will be considered necessary if: (1) a family adequately explains how the 
care enables a family member to work, actively seek employment, or further his or her education, 
and (2) the family certifies, and the child care provider verifies, that the expenses are not paid or 
reimbursed by any other source. 
PHA Policy 
Child care expenses will be considered for the time required for the eligible activity plus 
reasonable transportation time. For child care that enables a family member to go to 
school, the time allowed may include not more than one study hour for each hour spent in 
class. 
 
To establish the reasonableness of child care costs, the PHA will use the schedule of child 
care costs from the local welfare agency. Families may present, and the PHA will 
consider, justification for costs that exceed typical costs in the area.

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6-II.G. PERMISSIVE DEDUCTIONS [24 CFR §5.611(B)(1)] 
Permissive deductions are additional, optional deductions that may be applied to annual income. 
As with mandatory deductions, permissive deductions must be based on need or family 
circumstance and deductions must be designed to encourage self-sufficiency or other economic 
purpose.  If the PHA offers permissive deductions, they must be granted to all families that 
qualify for them and should complement existing income exclusions and deductions [PH Occ 
GB, p. 128]. 
The Form HUD-50058 Instruction Booklet states that the maximum allowable amount for total 
permissive deductions is less than $90,000 per year. 
PHA Policy 
The PHA has opted not to use permissive deductions.

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PART III: CALCULATING RENT 
6-III.A. OVERVIEW OF INCOME-BASED RENT CALCULATIONS 
The first step in calculating income-based rent is to determine each family’s total tenant payment 
(TTP). Then, if the family is occupying a unit that has tenant-paid utilities, the utility allowance 
is subtracted from the TTP. The result of this calculation, if a positive number, is the tenant rent. 
If the TTP is less than the utility allowance, the result of this calculation is a negative number, 
and is called the utility reimbursement, which may be paid to the family or directly to the utility 
company by the PHA. 
TTP Formula [24 CFR §5.628] 
HUD regulations specify the formula for calculating the total tenant payment (TTP) for a tenant   
family. TTP is the highest of the following amounts, rounded to the nearest dollar: 
• 30 percent of the family’s monthly adjusted income (adjusted income is defined in Part 
II) 
• 10 percent of the family’s monthly gross income (annual income, as defined in Part I, 
divided by 12) 
• The welfare rent (in as-paid states only) 
• A minimum rent between $0 and $50 that is established by the PHA 
The PHA has authority to suspend and exempt families from minimum rent when a financial 
hardship exists, as defined in Section 6-III.B. 
Welfare Rent [24 CFR §5.628] 
PHA Policy 
Welfare rent does not apply in this locality. 
Minimum Rent [24 CFR §5.630] 
PHA Policy 
The minimum rent for this locality is $50. 
Optional Changes to Income-Based Rents [24 CFR §960.253(c)(2) and PH Occ GB, pp. 
131-134] 
PHAs have been given very broad flexibility to establish their own, unique rent calculation 
systems as long as the rent produced is not higher than that calculated using the TTP and 
mandatory deductions. At the discretion of the PHA, rent policies may structure a system that 
uses combinations of permissive deductions, escrow accounts, income-based rents, and the 
required flat and minimum rents.

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The PHA’s minimum rent and rent choice policies still apply to affected families. Utility 
allowances are applied to PHA designed income-based rents in the same manner as they are 
applied to the regulatory income-based rents. 
The choices are limited only by the requirement that the method used not produce a TTP or 
tenant rent greater than the TTP or tenant rent produced under the regulatory formula. 
PHA Policy 
The PHA chooses not to adopt optional changes to income-based rents. 
Ceiling Rents / Flat Rents  [24 CFR §960.253(c)(2) and (d)] 
Ceiling rents are used to cap income-based rents. They are part of the income-based formula. If 
the calculated TTP exceeds the ceiling rent for the unit, the ceiling rent is used to calculate tenant 
rent (ceiling rent/TTP minus utility allowance). Increases in income do not affect the family 
since the rent is capped. The use of ceiling rents fosters upward mobility and income mixing. 
Because of the mandatory use of flat rents, the primary function of ceiling rents now is to assist 
families who cannot switch back to flat rent between annual reexaminations and would otherwise 
be paying an income-based tenant rent that is higher than the flat rent. 
Ceiling rents must be set to the level required for flat rents (which will require the addition of the 
utility allowance to the flat rent for properties with tenant-paid utilities) [PH Occ GB, p. 135]. 
PHA Policy 
The PHA chooses not to use ceiling rents.  
 
For additional information regarding Flat Rents, see Chapter 6, Section 6-III.E, Chapter 9 
Part II, and Chapter 16 Part II. 
Utility Reimbursement [24 CFR §960.253(c)(3)] 
Utility reimbursement occurs when any applicable utility allowance for tenant-paid utilities 
exceeds the TTP. HUD permits the PHA to pay the reimbursement to the family or directly to the 
utility provider. 
PHA Policy 
The PHA will make all utility reimbursement payments to qualifying families on a 
monthly basis to the electric utility company(s) of their choice, and the family will be 
notified in writing.   
Partial Month Calculations 
The partial month calculation for move-ins, move-outs and transfers are by dividing the monthly 
tenant rent amount by the actual number of days in the month and multiplying the result by 
actual number of days the resident lived in the unit.

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6-III.B. FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT [24 CFR §5.630] 
Overview 
If the PHA establishes a minimum rent greater than zero, the PHA must grant an exemption from 
the minimum rent if a family is unable to pay the minimum rent because of financial hardship. 
The financial hardship exemption applies only to families required to pay the minimum rent. If a 
family’s TTP is higher than the minimum rent, the family is not eligible for a hardship 
exemption. If the PHA determines that a hardship exists, the TTP is the highest of the remaining 
components of the family’s calculated TTP. 
HUD-Defined Financial Hardship 
Financial hardship includes the following situations: 
(1) The family has lost eligibility for or is awaiting an eligibility determination for a federal, 
state, or local assistance program. This includes a family member who is a noncitizen 
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. 
PHA Policy 
A hardship will be considered to exist only if the loss of eligibility has an impact on the 
family’s ability to pay the minimum rent. 
 
For a family waiting for a determination of eligibility, the hardship period will end as of 
the first of the month following (1) implementation of assistance, if approved, or (2) the 
decision to deny assistance. A family whose request for assistance is denied may 
request a hardship exemption based upon one of the other allowable hardship 
circumstances. 
(2) The family would be evicted because it is unable to pay the minimum rent. 
PHA Policy 
For a family to qualify under this provision, the cause of the potential eviction must be 
the family’s failure to pay rent or tenant-paid utilities. 
(3) Family income has decreased because of changed family circumstances, including the loss 
of employment. 
(4) A death has occurred in the family. 
PHA Policy 
In order to qualify under this provision, a family must describe how the death has created 
a financial hardship (e.g., because of funeral-related expenses or the loss of the family 
member’s income).

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(5) The family has experienced other circumstances determined by the PHA. 
PHA Policy 
The PHA has not established any additional hardship criteria. 
Implementation of Hardship Exemption 
Determination of Hardship 
When a family requests a financial hardship exemption, the PHA must suspend the minimum 
rent requirement beginning the first of the month following the family’s request. 
The PHA then determines whether the financial hardship exists and whether the hardship is 
temporary or long-term. 
PHA Policy 
The PHA defines temporary hardship as a hardship expected to last 90 days or less.  Long 
term hardship is defined as a hardship expected to last more than 90 days. 
The PHA may not evict the family for nonpayment of minimum rent during the 90-day period 
beginning the month following the family’s request for a hardship exemption. 
When the minimum rent is suspended, the TTP reverts to the highest of the remaining 
components of the calculated TTP. The example in the following table demonstrates the effect of 
the minimum rent exemption. 
 
Example: Impact of Minimum Rent Exemption 
Assume the PHA has established a minimum rent of $35. 
TTP – No Hardship 
TTP – With Hardship 
$0 
$15 
30% of monthly adjusted income 
10% of monthly gross income 
$0 
$15 
30% of monthly adjusted income 
10$ of monthly gross income 
N/A 
$35 
Welfare rent 
Minimum rent 
N/A 
$35 
Welfare rent 
Minimum rent 
Minimum rent applies 
TTP = $35 
Hardship exemption granted 
TTP = $15 
PHA Policy 
To qualify for a hardship exemption, a family must submit a request for a hardship 
exemption in writing. The request must explain the nature of the hardship and how the 
hardship has affected the family’s ability to pay the minimum rent. 
 
The PHA will make the determination of hardship within 30 calendar days.

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No Financial Hardship 
If the PHA determines there is no financial hardship, the PHA will reinstate the minimum rent 
and require the family to repay the amounts suspended. 
For procedures pertaining to grievance hearing requests based upon the PHA’s denial of a 
hardship exemption, see Chapter 14, Grievances and Appeals. 
PHA Policy 
The PHA will require the family to repay the suspended amount within 30 calendar days 
of the PHA’s notice that a hardship exemption has not been granted. 
Temporary Hardship 
If the PHA determines that a qualifying financial hardship is temporary, the PHA must reinstate 
the minimum rent from the beginning of the first of the month following the date of the family’s 
request for a hardship exemption. 
The family must resume payment of the minimum rent and must repay the PHA the amounts 
suspended. HUD requires the PHA to offer a reasonable repayment agreement, on terms and 
conditions established by the PHA. The PHA also may determine that circumstances have 
changed and the hardship is now a long-term hardship. 
For procedures pertaining to grievance hearing requests based upon the PHA’s denial of a 
hardship exemption, see Chapter 14, Grievances and Appeals. 
PHA Policy 
The PHA will enter into a repayment agreement in accordance with the PHA's repayment 
agreement policy (see Chapter 16). 
Long-Term Hardship 
If the PHA determines that the financial hardship is long-term, the PHA must exempt the family 
from the minimum rent requirement for so long as the hardship continues. The exemption will 
apply from the first of the month following the family’s request until the end of the qualifying 
hardship. When the financial hardship has been determined to be long-term, the family is not 
required to repay the minimum rent. 
PHA Policy 
The hardship period ends when any of the following circumstances apply: 
(1) At an interim or annual reexamination, the family’s calculated TTP is greater than 
the minimum rent. 
(2) For hardship conditions based on loss of income, the hardship condition will 
continue to be recognized until new sources of income are received that are at least 
equal to the amount lost. For example, if a hardship is approved because a family 
no longer receives a $60/month child support payment, the hardship will continue

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to exist until the family receives at least $60/month in income from another source 
or once again begins to receive the child support. 
(3) For hardship conditions based upon hardship-related expenses, the minimum rent 
exemption will continue to be recognized until the cumulative amount exempted is 
equal to the expense incurred. 
6-III.C. UTILITY ALLOWANCES [24 CFR§ 965, SUBPART E] 
Overview 
Utility allowances are provided to families paying income-based rents when the cost of utilities 
is not included in the rent. When determining a family’s income-based rent, the PHA must use 
the utility allowance applicable to the type of dwelling unit leased by the family. 
For policies on establishing and updating utility allowances, see Chapter 16. 
Reasonable Accommodation [24 CFR §8] 
On request from a family, PHAs must approve a utility allowance that is higher than the 
applicable amount for the dwelling unit if a higher utility allowance is needed as a reasonable 
accommodation to make the program accessible to and usable by the family with a disability [PH 
Occ GB, p. 172]. 
Residents with disabilities may not be charged for the use of certain resident-supplied appliances 
if there is a verified need for special equipment because of the disability [PH Occ GB, p. 172]. 
See Chapter 2 for policies related to reasonable accommodations. 
Utility Allowance Revisions [24 CFR§ 965.507] 
The PHA must review its schedule of utility allowances each year. Between annual reviews, the 
PHA must revise the utility allowance schedule if there is a rate change that by itself or together 
with prior rate changes not adjusted for, results in a change of 10 percent or more from the rate 
on which such allowances were based. Adjustments to resident payments as a result of such 
changes must be retroactive to the first day of the month following the month in which the last 
rate change taken into account in such revision became effective [PH Occ GB, p. 171]. 
The tenant rent calculations must reflect any changes in the PHA’s utility allowance schedule [24 
CFR §960.253(c)(3)]. 
PHA Policy 
Unless the PHA is required to revise utility allowances retroactively, revised utility 
allowances will be applied to a family’s rent calculations at the first annual reexamination 
after the allowance is adopted.

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6-III.D. PRORATED RENT FOR MIXED FAMILIES [24 CFR §5.520] 
HUD regulations prohibit assistance to ineligible family members. A mixed family is one that 
includes at least one U.S. citizen or eligible immigrant and any number of ineligible family 
members. The PHA must prorate the assistance provided to a mixed family. The PHA will first 
determine TTP as if all family members were eligible and then prorate the rent based upon the 
number of family members that actually are eligible. To do this, the PHA must: 
(1) Subtract the TTP from the flat rent applicable to the unit. The result is the maximum 
subsidy for which the family could qualify if all members were eligible. 
(2) Divide the family maximum subsidy by the number of persons in the family to determine 
the maximum subsidy per each family member who is eligible (member maximum 
subsidy). 
(3) Multiply the member maximum subsidy by the number of eligible family members. 
(4) Subtract the subsidy calculated in the last step from the flat rent.  This is the prorated 
TTP. 
(5) Subtract the utility allowance for the unit from the prorated TTP.  This is the prorated 
rent for the mixed family. 
(6) When the mixed family’s TTP is greater than the applicable flat rent, use the TTP as the 
prorated TTP. The prorated TTP minus the utility allowance is the prorated rent for the 
mixed family. 
6-III.E. FLAT RENTS AND FAMILY CHOICE IN RENTS [24 CFR §960.253; PIH 2021-
27] 
Flat Rents [24 CFR §960.253(b)] 
The flat rent is designed to encourage self-sufficiency and to avoid creating disincentives for 
continued residency by families who are attempting to become economically self-sufficient. 
Changes in family income, expenses, or composition will not affect the flat rent amount because 
it is outside the income-based formula. 
Policies related to the reexamination of families paying flat rent are contained in Chapter 9, and 
policies related to the establishment and the review of flat rents are contained in Chapter 16. 
Annual Review of Rent Options (Family Choice) [24 CFR §960.253(a); §960.253(e); 
§960.253(f) ] 
24 CFR §960.253(a) requires PHAs to annually, offer families the option to choose between 
paying a flat rent or an income-based rent.

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The regulations also stipulate that a family may not be offered this choice more than once a year, 
except in the case that the family has chosen the flat rent and experiences a financial hardship.  
The PHA must document that flat rents were offered to families under the methods used to 
determine flat rents for the PHA. 
24 CFR §960.253(e), Information for families, stipulates the PHA must provide sufficient 
information for families to make an informed choice regarding rent options. This information 
must include the following written information; 
• PHA’s policy on switching from flat rent to income-based rent due to financial hardship, 
and  
• the dollar amount of the rent under each option.  
For families who choose to pay flat rents, PHAs are provided the flexibility not to conduct 
income reexaminations annually.  
24 CFR §960.253(f) and §960.257(a)(2) provide that families must be offered the choice of rent 
type annually , and for families that chose to pay flat rents PHAs must conduct reexaminations of 
family income at least once every 3 years, not annually.  
In years when a PHA does not conduct a full reexamination of family income, PHAs are not 
released from the requirement to give the family the option of paying the flat rent or the income-
based rent as calculated from the most recent examination of family income and composition. 
In order to comply with the requirements to review rent options annually with families, and to 
provide families with sufficient information to make an informed choice, PHAs must do the 
following: 
Initial Occupancy 
At initial occupancy, or in any year where a current program participating family is paying the 
income-based rent:  
1. Conduct a full examination of family income and composition at the first annual rent 
option (Year 1);  
2. Inform the family of the flat rent amount and the rent amount determined by the 
examination of family income and composition;  
3. Inform the family of the PHA’s policies on switching rent types due to financial hardship; 
and  
4. Apply the family’s rent decision at the next lease renewal.  
Second and Third Annual Reexaminations – Flat Rents 
At the second and third annual rent options, for families that choose to switch from income-
based rent to pay the flat rent:

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1. PHAs may, but are not required to, conduct a full examination of family income and 
composition for the second and third annual rent options. If a PHA chooses not to 
conduct an examination of family income for these annual rent options, PHAs must use 
the income information from the examination of family income and composition from the 
first annual rent option; 
2. PHAs must inform the family of the updated flat rent amount, and the rent amount 
determined by the most recent examination of family income and composition;  
3. PHAs must inform the family of the PHA’s policies on switching rent types due to 
financial hardship; and; 
4. PHAs must apply the family’s rent decision at the next lease renewal. 
 
PHA Policy 
The annual PHA offer to a family of the choice between flat and income-based rent will 
be conducted upon admission and upon each subsequent annual reexamination. 
 
The PHA will require families to submit their choice of flat or income-based rent in 
writing and will maintain such requests in the tenant file as part of the admission or 
annual reexamination process. 
If a tenant has paid the flat rent for the previous three years, and during this same three years, if 
the PHA has not conducted an annual reexamination of income and composition in those three 
years, the PHA must complete a full reexamination in order to update the income-based rent 
amount.  For families paying the flat rent, the PHA will conduct a full reexamination after year 3. 
The flat rent amount is not locked in for the three-year period without an annual reexamination.   
The PHA must revise the flat rent amount every year based on FMR updates.  The flat rent 
amount offered to a tenant will be based on the new FMR updated flat rent calculation. 
Switching from Flat Rent to Income-Based Rent Due to Hardship [24 CFR §960.253(g)] 
A family that is paying a flat rent may at any time request a switch to payment of income-based 
rent (before the next annual option to select the type of rent) if the family is unable to pay flat 
rent because of financial hardship. If the PHA determines that a financial hardship exists, the 
PHA must immediately allow the family to switch from flat rent to the income-based rent. 
PHA Policy 
Upon determination by the PHA that a financial hardship exists, the PHA will allow a 
family to switch from flat rent to income-based rent effective the first of the month 
following the family’s request.

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There is no regulatory authority to allow a switch from income-based to flat rent at any time for a 
hardship. The family can only switch to flat rent at the annual review. 
Reasons for financial hardship include: 
• The family has experienced a decrease in income because of changed circumstances, 
including loss or reduction of employment, death in the family, or reduction in or loss of 
earnings or other assistance 
• The family has experienced an increase in expenses, because of changed circumstances, 
for medical costs, child care, transportation, education, or similar items 
• Such other situations determined by the PHA to be appropriate 
PHA Policy 
The PHA considers payment of flat rent to be a financial hardship whenever the switch to 
income-based rent would be lower than the flat rent [PH Occ GB, p. 137]. 
Phasing In Flat Rents [Notice PIH 2021-27; 24 CFR §960.253(b)] 
When new flat rents requirements were implemented in 2014, HUD limited the increase for 
existing residents paying flat rent at that time to no more than 35 percent of the current tenant 
rent per year. In some cases, this meant that some residents had or will have their flat rents 
phased-in at the time of their annual recertification. To do this, PHAs conduct a flat rent impact 
analysis to determine whether a phase-in is or was necessary. For families whose flat rent is 
being phased-in, the PHA must multiply the family’s current rent amount by 1.35 and compare 
the result to the flat rent under the PHA’s policies.  
Families who have subsequently been admitted to the program or have subsequently selected flat 
rent will not experience a phase-in. 
Notice PIH 2021-27 requires that flat rents must be phased in at the full 35 percent per year. 
PHAs do not have the option of phasing in flat rent increases at less than 35 percent per year. 
Example: A family was paying a flat rent of $500 per month. At their annual 
recertification, the PHA has increased the flat rent for their unit size to comply with the 
new requirements to $700. The PHA conducted a flat rent impact analysis as follows: 
$500 x 1.35 = $675 
Since the PHA’s increased flat rent of $700 resulted in a rent increase of more than 35 
percent, the PHA offered the family the choice to pay either $675 per month or an income-
based rent. The flat rent increase was phased in.  At their next annual recertification in 
November 2015, the PHA will again multiply the family’s current flat rent by 1.35 and 
compare the results to the PHA’s current flat rent.

6-55 
Flat Rents and Earned Income Disallowance [A&O FAQs] 
Because the EID is a function of income-based rents, a family paying flat rent cannot qualify for 
the EID even if a family member experiences an event that would qualify the family for the EID. 
If the family later chooses to pay income-based rent, they would only qualify for the EID if a 
new qualifying event occurred. 
Under the EID original calculation method, a family currently paying flat rent that previously 
qualified for the EID while paying income-based rent and is currently within their exclusion 
period would have the exclusion period continue while paying flat rent as long as the 
employment that is the subject of the exclusion continues.  A family paying flat rent could 
therefore see a family member’s exclusion period expire while the family is paying flat rent. 
Under the EID revised calculation method, a family currently paying flat rent that previously 
qualified for the EID while paying income-based rent and is currently within their exclusion 
period would have the exclusion period continue while paying flat rent regardless whether the 
employment that is the subject of the exclusion continues. A family paying flat rent could 
therefore see a family member’s exclusion period expire while the family is paying flat rent.

6-56 
 
EXHIBIT 6-1: Annual Income Inclusions
24 CFR §5.609a) Annual income means all 
amounts, monetary or not, which: 
(1) Go 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 
reexamination effective date; and  
(3) Which are not specifically excluded in 
paragraph (c) of this section. 
(4) Annual income also means amounts 
derived (during the 12-month period) from 
assets to which any member of the family has 
access. 
(b) Annual income includes, but is not limited 
to: 
(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; 
(2) The net income from the operation of a 
business or profession. Expenditures for 
business expansion or amortization of capital 
indebtedness shall not be 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 will be 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 
 
1Text of 45 CFR 260.31 follows (next page). 
indebtedness shall not be used as deductions 
in determining net income. An allowance for 
depreciation is permitted only as authorized in 
paragraph (b)(2) of this section. Any 
withdrawal of cash or assets from an 
investment will be 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 $5,000, annual income shall include 
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; 
(4) 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 
(except as provided in paragraph (c)(14) of 
this section); 
(5) Payments in lieu of earnings, such as 
unemployment and disability compensation, 
worker's compensation and severance pay 
(except as provided in paragraph (c)(3) of this 
section); 
(6) Welfare assistance payments.  
(i) Welfare assistance payments made under 
the Temporary Assistance for Needy Families 
(TANF) program are included in annual 
income only to the extent such payments: 
(A) Qualify as assistance under the TANF 
program definition at 45 CFR 260.311; and 
(B) Are not otherwise excluded under 
paragraph (c) of this section.

6-57 
(ii) 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 shall consist of: 
(A) The amount of the allowance or grant 
exclusive of the amount specifically 
designated for shelter or utilities; plus 
(B) 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 paragraph shall 
be the amount resulting from one application 
of the percentage. 
(7) Periodic and determinable allowances, 
such as alimony and child support payments, 
and regular contributions or gifts received 
from organizations or from persons not 
residing in the dwelling; 
(8) All regular pay, special pay and 
allowances of a member of the Armed Forces 
(except as provided in paragraph (c)(7) of this 
section) 
(9) For section 8 programs only and as 
provided in 24 CFR §5.612, 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 that financial 
assistance described in this paragraph is not 
considered annual income for persons over the 
age of 23 with dependent children. For 
purposes of this paragraph, “financial 
assistance” does not include loan proceeds for 
the purpose of determining income. 
 
 
 
45 CFR: GENERAL TEMPORARY ASSISTANCE 
FOR NEEDY FAMILIES 
§260.31 What does the term “assistance” 
mean? 
(a)(1) The term “assistance” includes 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). 
(2) It includes such benefits even when they 
are: 
(i) Provided in the form of payments by a 
TANF agency, or other agency on its behalf, 
to individual recipients; and 
(ii) Conditioned on participation in work 
experience or community service (or any other 
work activity under 261.30 of this chapter). 
(3) Except where excluded under paragraph 
(b) of this section, it also includes supportive 
services such as transportation and child care 
provided to families who are not employed. 
(b) [The definition of “assistance”] excludes: 
(1) Nonrecurring, short-term benefits that: 
(i) Are designed to deal with a specific crisis 
situation or episode of need; 
(ii) Are not intended to meet recurrent or 
ongoing needs; and 
(iii) 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 child care and 
transportation provided to families who are 
employed; 
(4) Refundable earned income tax credits; 
(5) Contributions to, and distributions from, 
Individual Development Accounts; 
(6) Services such as counseling, case 
management, peer support, child care 
information and referral, transitional services, 
job retention, job advancement, and other 
HHS DEFINITION OF 
“ASSISTANCE”

6-58 
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 Social 
Security] Act, to an individual who is not 
otherwise receiving assistance.

6-59 
EXHIBIT 6-2: Annual Income Exclusions
24 CFR §5.609 
(c) Annual income does not include the following: 
(1) Income from employment of children 
(including foster children) under the age of 
18 years; 
(2) 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); 
(3) 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 (except 
as provided in paragraph (b)(5) of this section); 
(4) Amounts received by the family that are 
specifically for, or in reimbursement of, the cost of 
medical expenses for any family member; 
(5) Income of a live-in aide, as defined in 
Sec. 5.403; 
(6) Subject to paragraph (b)(9) of this section, 
the full amount of student financial assistance 
paid directly to the student or to the 
educational institution; 
(7) The special pay to a family member serving in 
the Armed Forces who is exposed to hostile fire; 
(8) (i) Amounts received under training programs 
funded by HUD; 
(ii) 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); 
(iii) Amounts received by a participant in other 
publicly assisted programs which are specifically 
for or in reimbursement of out-of-pocket expenses 
incurred (special equipment, clothing, 
transportation, child care, etc.) and which are 
made solely to allow participation in a specific 
program; 
(iv) 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 PHA 
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 initiatives 
coordination, and serving as a member of the 
PHA's governing board. No resident may receive 
more than one such stipend during the same period 
of time; 
(v) 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; 
(9) Temporary, nonrecurring or sporadic income 
(including gifts); 
(10) 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; 
(11) Earnings in excess of $480 for each full-time 
student 18 years old or older (excluding the head 
of household and spouse); 
(12) Adoption assistance payments in excess of 
$480 per adopted child; 
(13) [Reserved] 
(14) Deferred periodic amounts from supplemental 
security income and social security benefits that 
are received in a lump sum amount or in 
prospective monthly amounts, or any deferred 
Department of Veterans Affairs disability benefits 
that are received in a lump sum amount or 
prospective monthly amounts.

6-60 
(15) Amounts received by the family in the form 
of refunds or rebates under State or local law for 
property taxes paid on the dwelling unit; 
(16) 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 
(17) Amounts specifically excluded by any other 
Federal statute from consideration as income for 
purposes of determining eligibility or benefits 
under a category of assistance programs that 
includes assistance under any program to which 
the exclusions set forth in 24 CFR 5.609(c) apply. 
A notice will be published in the Federal Register 
and distributed to PHAs and housing owners 
identifying the benefits that qualify for this 
exclusion. Updates will be published and 
distributed when necessary. [See the following 
chart for a list of benefits that qualify for this 
exclusion.]

6-61 
EXHIBIT 6-3: Treatment of Family Assets 
24 CFR §5.603(b) 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 under Sec. 5.609. 
(3) In determining net family assets, PHAs 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 reexamination, as applicable, in excess 
of the consideration received therefor. 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. 
(4) For purposes of determining annual income 
under Sec. 5.609, the term "net family assets'' does 
not include the value of a home currently being 
purchased with assistance under part 982, subpart 
M of this title. This exclusion is limited to the first 
10 years after the purchase date of the home.

6-2 
EXHIBIT 6-4: Earned Income Disallowance 
24 CFR §960.255 Self-sufficiency incentive–
Disallowance of increase in annual income. 
(a) Definitions. The following definitions apply for 
purposes of this section. 
Baseline income. The annual income immediately 
prior to implementation of the disallowance 
described in paragraph (c)(1) of this section of a 
person who is a member of a qualified family. 
Disallowance. Exclusion from annual income. 
Previously unemployed includes a person who has 
earned, in the twelve 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. 
Qualified family. A family residing in public 
housing: 
(i) Whose annual income increases as a result of 
employment of a family member who was 
unemployed for one or more years previous to 
employment; 
(ii) Whose annual income increases as a result of 
increased earnings by a family member during 
participation in any economic self-sufficiency or 
other job training program; or 
(iii) Whose annual income increases, as a result of 
new employment or increased earnings of a family 
member, during or within six months after 
receiving assistance, benefits or services under any 
state program for temporary assistance for needy 
families funded under Part A of Title IV of the 
Social Security Act, as determined by the PHA in 
consultation with the local agencies administering 
temporary assistance for needy families (TANF) 
and Welfare-to-Work (WTW) programs. The 
TANF program is not limited to monthly income 
maintenance, but also includes such benefits and 
services as one-time payments, wage subsidies, 
and transportation assistance—provided that the 
total amount over a six-month period is at least 
$500. 
(b) Disallowance of increase in annual income. 
(1) Initial twelve month exclusion. During the 12-
month period beginning on the date on which 
a member of a qualified family is first 
employed or the family first experiences an 
increase in annual income attributable to 
employment, the PHA must exclude from the 
annual income (as defined in §5.609 of this 
title) of a qualified family any increase in the 
income of the family member as a result of 
employment over the baseline income of that 
family member. 
(2) Phase-in of rent increase. Upon the 
expiration of the 12-month period defined in 
paragraph (b)(1) of this section and for the 
subsequent 12-month period, the PHA must 
exclude from the annual income of a qualified 
family at least 50 percent of any increase in 
income of such family member as a result of 
employment over the family member’s 
baseline income. 
(3) Maximum 2-year disallowance. The 
disallowance of increased income of an 
individual family member as provided in 
paragraph (b)(1) or (b)(2) of this section is 
limited to a lifetime 24-month period. It  
applies for a maximum of 12 months for 
disallowance under paragraph (b)(1) of this 
section and a maximum of 12 months for 
disallowance under paragraph (b)(2) of this 
section, during the 24-month period starting 
from the initial exclusion under paragraph 
(b)(1) of this section. 
(4) Effect of changes on currently 
participating families. Families eligible for 
and participating in the disallowance of earned 
income under this section prior to May 9, 
2016 will continue to be governed by this 
section in effect as it existed immediately 
prior to that date. 
(c) Inapplicability to admission. The disallowance 
of increases in income as a result of employment 
under this section does not apply for purposes of 
admission to the program (including the 
determination of income eligibility and income 
targeting).

6-51 
(d) Individual Savings Accounts. As an alternative 
to the disallowance of increases in income as a 
result of employment described in paragraph (b) of 
this section, a PHA may choose to provide for 
individual savings accounts for public housing 
residents who pay an income-based rent, in 
accordance with a written policy, which must 
include the following provisions: 
(1) The PHA must advise the family that the 
savings account option is available; 
(2) At the option of the family, the PHA must 
deposit in the savings account the total amount 
that would have been included in tenant rent 
payable to the PHA as a result of increased income 
that is disallowed in accordance with paragraph 
(b) of this section; 
(3) Amounts deposited in a savings account may 
be withdrawn only for the purpose of: 
(i) Purchasing a home; 
(ii) Paying education costs of family members; 
(iii) Moving out of public or assisted housing; or 
(iv) Paying any other expense authorized by the 
PHA for the purpose of promoting the economic 
self-sufficiency of residents of public housing; 
(4) The PHA must maintain the account in an 
interest bearing investment and must credit the 
family with the net interest income, and the PHA 
may not charge a fee for maintaining the account; 
(5) At least annually the PHA must provide the 
family with a report on the status of the account; 
and 
(6) If the family moves out of public housing, the 
PHA shall pay the tenant any balance in the 
account, minus any amounts owed to the PHA

6-52 
EXHIBIT 6-5: The Effect of Welfare Benefit Reduction 
24 CFR §5.615 - Public housing program 
and Section 8 tenant-based assistance 
program: How welfare benefit reduction 
affects family income. 
(a) Applicability. This section applies to covered 
families who reside in public housing (part 960 of 
this title) or receive Section 8 tenant-based 
assistance (part 982 of this title). 
(b) Definitions. The following definitions apply 
for purposes of this section: 
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. 
Economic self-sufficiency program. See definition 
at Sec. 5.603. 
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. 
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: 
(i) at expiration of a lifetime or other time limit on 
the payment of welfare benefits; 
(ii) 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 
(iii) because a family member has not complied 
with other welfare agency requirements. 
(c) 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 
the PHA by the welfare agency), plus the total 
amount of other annual income as determined in 
accordance with Sec. 5.609. 
(2) At the request of the PHA, the welfare agency 
will inform the PHA 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 the PHA of any 
subsequent changes in the term or amount of such 
specified welfare benefit reduction. The PHA will 
use this information to determine the amount of 
imputed welfare income for a family. 
(3) A family's annual income includes imputed 
welfare income in family annual income, as 
determined at the PHA's interim or regular 
reexamination of family income and composition, 
during the term of the welfare benefits reduction 
(as specified in information provided to the PHA 
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  
(5) The PHA may not include imputed welfare 
income in annual income if the family was not an 
assisted resident at the time of sanction. 
(d) Review of PHA decision.  
(1) Public housing. If a public housing tenant 
claims that the PHA has not correctly calculated 
the amount of imputed welfare income in 
accordance with HUD requirements, and if the 
PHA denies the family's request to modify such 
amount, the PHA shall give the tenant written 
notice of such denial, with a brief explanation of 
the basis for the PHA determination of the amount 
of imputed welfare income. The PHA notice shall 
also state that if the tenant does not agree with the 
PHA determination, the tenant may request a

6-53 
grievance hearing in accordance with part 966, 
subpart B of this title to review the PHA 
determination. The tenant is not required to pay an 
escrow deposit pursuant to Sec. 966.55(e) for the 
portion of tenant rent attributable to the imputed 
welfare income in order to obtain a grievance 
hearing on the PHA determination. 
(2) Section 8 participant. A participant in the 
Section 8 tenant-based assistance program may 
request an informal hearing, in accordance with 
Sec. 982.555 of this title, to review the PHA 
determination of the amount of imputed welfare 
income that must be included in the family's 
annual income in accordance with this section. If 
the family claims that such amount is not correctly 
calculated in accordance with HUD requirements, 
and if the PHA denies the family's request to 
modify such amount, the PHA shall give the 
family written notice of such denial, with a brief 
explanation of the basis for the PHA determination 
of the amount of imputed welfare income. Such 
notice shall also state that if the family does not 
agree with the PHA determination, the family may 
request an informal hearing on the determination 
under the PHA hearing procedure. 
(e) PHA relation with welfare agency.  
(1) The PHA must ask welfare agencies to inform 
the PHA 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 the PHA written notice of such 
reduction, the family's annual incomes shall 
include the imputed welfare income because of the 
specified welfare benefits reduction. 
 (2) The PHA 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 the PHA. However, the 
PHA 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. 
 (3) 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. The PHA shall be entitled to rely on 
the welfare agency notice to the PHA of the 
welfare agency's determination of a specified 
welfare benefits reduction 
.

7-1 
Chapter 7  
VERIFICATION 
[24 CFR §960.259, 24 CFR §5.230 Notice PIH 2018-18] 
INTRODUCTION 
The PHA must verify all information that is used to establish the family’s eligibility and level of 
assistance and is required to obtain written authorization from the family in order to collect the 
information. Applicants and program participants must cooperate with the verification process as 
a condition of receiving assistance. The PHA must not pass on the cost of verification to the 
family. 
The PHA will follow the verification guidance provided by HUD in PIH Notice 2018-18 and any 
subsequent guidance issued by HUD. This chapter summarizes those requirements and provides 
supplementary PHA policies. 
Part I: General Verification Requirements. Part I describes the general verification 
requirements for the Public Housing program. 
Part II: Verifying Family Information. This part provides more detailed requirements 
related to family information. 
Part III: Verifying Income and Assets. This part provides information on income and 
assets. 
Part IV: Verifying Mandatory Deductions. This part provides additional information 
regarding mandatory deductions. 
Verification policies, rules and procedures will be modified as needed to accommodate persons 
with disabilities. All information obtained through the verification process will be handled in 
accordance with the records management policies established by the PHA.

7-2 
PART I: GENERAL VERIFICATION REQUIREMENTS 
7-I.A. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR §960.259, 24 
CFR §5.230] 
The family must supply any information that the PHA or HUD determines is necessary to the 
administration of the program and must consent to PHA verification of that information [24 CFR 
§960.259(a)(1)]. 
Consent Forms 
It is required that all adult applicants and tenants sign form HUD-9886, Authorization for 
Release of Information. The purpose of form HUD-9886 is to facilitate automated data collection 
and computer matching from specific sources and provides the family's consent only for the 
specific purposes listed on the form. HUD and the PHA may collect information from State 
Wage Information Collection Agencies (SWICAs) and current and former employers of adult 
family members. Only HUD is authorized to collect information directly from the Internal 
Revenue Service (IRS) and the Social Security Administration (SSA). Adult family members 
must sign other consent forms as needed to collect information relevant to the family’s eligibility 
and level of assistance. 
Penalties for Failing to Consent [24 CFR §5.232] 
If any family member who is required to sign a consent form fails to do so, the PHA will deny 
admission to applicants and terminate the lease of tenants. The family may request a hearing in 
accordance with the PHA's grievance procedures. 
7-I.B. OVERVIEW OF VERIFICATION REQUIREMENTS 
HUD’s Verification Hierarchy [Notice PIH 2018-18] 
HUD mandates the use of the EIV system and offers administrative guidance on the use of other 
methods to verify family information and specifies the circumstances in which each method will 
be used. In general HUD requires the PHA to use the most reliable form of verification that is 
available and to document the reasons when the PHA uses a lesser form of verification. 
PHAs should begin with the highest level of verification techniques.

7-3 
 
Level 
Verification Technique 
Ranking 
6 
Upfront Income Verification (UIV) 
using HUD’s Enterprise Income 
Verification (EIV) system (not 
available for income verifications of 
new admissions/applicants 
Highest (Mandatory) 
5 
Upfront Income Verification (UIV) 
using non-HUD system 
Highest (optional) 
4 
Written Third Party Verification 
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 the PHA; 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) 
Note: This verification hierarchy applies to income determinations for applicants and 
participants. However, EIV is not available for verifying income of applicants. 
Each of the verification methods is discussed in subsequent sections below. 
Requirements for Acceptable Documents 
PHA Policy 
Any documents used for verification must be the original (not photocopies) and generally 
must be dated within 60 days of the PHA request. The documents must not be damaged, 
altered or in any way illegible. 
 
Print-outs from web pages are considered original documents.

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The PHA staff member who views the original document must make a photocopy, 
annotate the copy with the name of the person who provided the document and the date 
the original was viewed, and sign the copy. 
 
The PHA staff member who views the original document must make a photocopy, 
annotate the copy with the name of the person who provided the document and the date 
the original was viewed, and sign the copy. 
File Documentation 
The PHA must document in the file how the figures used in income and rent calculations were 
determined. All verification attempts, information obtained, and decisions reached during the 
verification process will be recorded in the family’s file in sufficient detail to demonstrate that 
the PHA has followed all of the verification policies set forth in this ACOP. The record should 
be sufficient to enable a staff member or HUD reviewer to understand the process followed and 
conclusions reached. 
PHA Policy 
The PHA will document, in the family file, the following: 
• Reported family annual income 
• Value of assets 
• Expenses related to deductions from annual income 
• Other factors influencing the adjusted income or income-based rent determination 
When the PHA is unable to obtain third-party verification, the PHA will document in the family 
file the reason that third-party verification was not available [24 CFR §960.259(c)(1); Notice 
PIH 2018-18]. 
7-I.C. UP-FRONT INCOME VERIFICATION (UIV) 
Up-front income verification (UIV) refers to the PHA’s use of the verification tools available 
from independent sources that maintain computerized information about earnings and benefits. 
UIV will be used to the extent that these systems are available to the PHA. 
The PHA must restrict access to and safeguard UIV data in accordance with HUD guidance on 
security procedures, as issued and made available by HUD. 
There may be legitimate differences between the information provided by the family and UIV-
generated information. If the family disputes the accuracy of UIV data, no adverse action can be 
taken until the PHA has independently verified the UIV information and the family has been 
granted an opportunity to contest any adverse findings through the PHA's informal 
review/hearing processes.  (For more on UIV and income projection, see Section 6-I.C.)

7-5 
Upfront Income Verification Using HUD’s Enterprise Income Verification (EIV) System 
(Mandatory) 
PHAs must use HUD’s EIV system in its entirety as a third-party source to verify tenant 
employment and income information during mandatory reexaminations or recertifications of 
family composition and income in accordance with 24 CFR §5.236 and administrative guidance 
issued by HUD. HUD’s EIV system contains data showing earned income, unemployment 
benefits, social security benefits, and SSI benefits for participant families. The following policies 
apply to the use of HUD’s EIV system. 
EIV Income and IVT Reports 
The data shown on income and Income Validation Tool (IVT) reports is updated quarterly.  Data 
may be between three and six months old at the time reports are generated. 
PHA Policy 
The PHA will obtain income and IVT reports for annual reexaminations on a monthly 
basis. Reports will be generated as part of the regular reexamination process. 
 
Income and IVT reports will be compared to family-provided information as part of the 
annual reexamination process.  Income reports may be used in the calculation of annual 
income, as described in Chapter 6.I.C.  Income reports may also be used to meet the 
regulatory requirement for third party verification, as described above.  Policies for 
resolving discrepancies between income and IVT reports and family-provided 
information will be resolved as described in Chapter 6.I.C. and in this chapter. 
 
Income and IVT reports will be used in interim reexaminations to identify any 
discrepancies between reported income and income shown in the EIV system, and as 
necessary to verify earned income, and to verify and calculate unemployment benefits, 
Social Security and/or SSI benefits.  EIV will also be used to verify that families claiming 
zero income are not receiving income from any of these sources. 
 
Income and IVT reports will be retained in resident files with the applicable annual or 
interim reexamination documents. 
 
When the PHA determines through EIV reports and third-party verification that a family 
has concealed or under-reported income, corrective action will be taken pursuant to the 
policies in Chapter 15, Program Integrity. 
EIV Identity Verification 
The EIV system verifies resident identities against Social Security Administration (SSA) records. 
These records are compared to Public Indian Housing Information Center (PIC) data for a match 
on Social Security number, name, and date of birth. 
PHAs are required to use EIV’s Identity Verification Report on a monthly basis to improve the 
availability of income information in EIV [Notice PIH 2018-18].

7-6 
When identity verification for a resident fails, a message will be displayed within the EIV system 
and no income information will be displayed. 
PHA Policy 
The PHA will identify residents whose identity verification has failed by reviewing EIV’s 
Identity Verification Report on a monthly basis. 
 
The PHA will attempt to resolve PIC/SSA discrepancies by obtaining appropriate 
documentation from the tenant.  When the PHA determines that discrepancies exist due 
to PHA errors such as spelling errors or incorrect birth dates, the errors will be corrected 
promptly. 
Upfront Income Verification Using Non-HUD Systems (Optional) 
In addition to mandatory use of the EIV system, HUD encourages PHAs to utilize other upfront 
verification sources. 
PHA Policy 
The PHA will inform all applicants and residents of its possible use of UIV resources that 
may include the following during the admission and reexamination process: 
• HUD’s EIV system 
• Theworknumber.com 
• Verifytoday.com 
• Verifydirect.com (aka First Advantage) 
• Past-Employ.com 
7-I.D. THIRD-PARTY WRITTEN AND ORAL VERIFICATION 
HUD’s current verification hierarchy defines two types of written third-party verification. The 
more preferable form, “written third-party verification,” consists of an original document 
generated by a third-party source, which may be received directly from a third-party source or 
provided to the PHA by the family. If written third-party verification is not available, the PHA 
must attempt to obtain a “written third-party verification form.” This is a standardized form used 
to collect information from a third party. 
Written Third-Party Verification [Notice PIH 2018-18] 
Written third-party verification documents must be original and authentic and may be supplied 
by the family or received from a third-party source. 
Examples of acceptable tenant-provided documents include, but are not limited to: pay stubs, 
payroll summary reports, employer notice or letters of hire and termination, SSA benefit 
verification letters, bank statements, child support payment stubs, welfare benefit letters and/or 
printouts, and unemployment monetary benefit notices.

7-7 
The PHA is required to obtain, at minimum, two current and consecutive pay stubs for 
determining annual income from wages. 
The PHA may reject documentation provided by the family if the document is not an original, if 
the document appears to be forged, or if the document is altered, mutilated, or illegible. 
PHA Policy 
Third-party documents provided by the family must be dated within 60 days of the PHA 
request date. 
 
If the PHA determines that third-party documents provided by the family are not 
acceptable, the PHA will explain the reason to the family and request additional 
documentation. 
 
As verification of earned income, the PHA will require the family provide the two most 
current consecutive pay stubs. 
Written Third-Party Verification Form 
When upfront verification is not available and the family is unable to provide written third-party 
documents, the PHA must request a written third-party verification form. HUD’s position is that 
this traditional third-party verification method presents administrative burdens and risks, which 
may be reduced through the use of family-provided third-party documents. 
PHAs may mail, fax, or e-mail third-party written verification form requests to third-party 
sources. 
PHA Policy 
The PHA will send third-party verification forms directly to the third party.  Third-party 
verification forms will be sent when third-party verification documents are unavailable or 
are rejected by the PHA. 
Oral Third-Party Verification [Notice PIH 2018-18] 
For third-party oral verification, PHAs contact sources, identified by UIV techniques or by the 
family, by telephone or in person. 
Oral third-party verification is mandatory if neither form of written third-party verification is 
available. 
Third-party oral verification may be used when requests for written third-party verification forms 
have not been returned within a reasonable time—e.g., 10 business days. 
PHAs should document in the file the date and time of the telephone call or visit, the name of the 
person contacted, the telephone number, as well as the information confirmed.

7-8 
PHA Policy 
In collecting third-party oral verification, PHA staff will record in the family’s file the 
name and title of the person contacted, the date and time of the conversation (or attempt), 
the telephone number used, and the facts provided. 
 
When any source responds verbally to the initial written request for verification the PHA 
will accept the verbal response as oral verification but will also request that the source 
complete and return any verification forms that were provided. 
When Third-Party Verification is Not Required [Notice PIH 2018-18] 
Third-party verification may not be available in all situations. HUD has acknowledged that it 
may not be cost-effective or reasonable to obtain third-party verification of income, assets, or 
expenses when these items would have a minimal impact on the family’s total tenant payment. 
PHA Policy 
If the family cannot provide original documents, the PHA will pay the service charge 
required to obtain third-party verification, unless it is not cost effective in which case a 
self-certification will be acceptable as the only means of verification. The cost of 
verification will not be passed on to the family. 
 
The cost of postage and envelopes to obtain third-party verification of income, assets, and 
expenses is not an unreasonable cost [VG, p. 18]. 
Primary Documents 
Third-party verification is not required when legal documents are the primary source, such as a 
birth certificate or other legal documentation of birth. 
The PHA may accept a self-certification from the family as verification of assets disposed of for 
less than fair market value [HCV GB, p. 5-28]. 
PHA Policy 
The PHA will accept a self-certification from the family as verification of assets disposed 
of for less than fair market value [HCV GB, p. 5-28]. 
Value of Assets and Asset Income [24 CFR §960.259] 
For families with net assets totaling $5,000 or less, the PHA may accept the family’s declaration 
of asset value and anticipated asset income. However, the PHA is required to obtain third-party 
verification of all assets regardless of the amount during the intake process, whenever a family 
member is added, and at least every three years thereafter. 
PHA Policy 
For families with net assets totaling $5,000 or less, the PHA will accept the family’s self-
certification of the value of family assets and anticipated asset income when applicable.

7-9 
The family’s declaration must show each asset and the amount of income expected from 
that asset. All family members 18 years of age and older must sign the family’s 
declaration. 
 
The PHA will use third-party documentation for assets as part of the intake process, 
whenever a family member is added to verify the individual’s assets, and every three 
years thereafter. 
7-I.E. SELF-CERTIFICATION 
When HUD requires third-party verification, self-certification, or “tenant declaration,” is used as 
a last resort when the PHA is unable to obtain third-party verification. 
Self-certification, however, is an acceptable form of verification when: 
• A source of  income is fully excluded 
• Net family assets total $5,000 or less and the PHA has adopted a policy to accept self-
certification at annual recertification, when applicable 
• The PHA has adopted a policy to implement streamlined annual recertifications for fixed 
sources of income (See Chapter 9) 
When the PHA was required to obtain third-party verification, but instead relies on a tenant 
declaration for verification of income, assets, or expenses, the family’s file must be documented 
to explain why third-party verification was not available. 
PHA Policy 
When information cannot be verified by a third party or by review of documents, family 
members will be required to submit self-certifications attesting to the accuracy of the 
information they have provided to the PHA. 
 
The PHA may require a family to certify that a family member does not receive a 
particular type of income or benefit. 
 
The self-certification must be made in a format acceptable to the PHA and must be 
signed by the family member whose information or status is being verified. All self-
certifications must be signed in the presence of a PHA representative or PHA notary 
public. The PHA reserves the right to request the self-certification be received in different 
formats due to COVID, or other situations at the PHA’s discretion.

7-10 
PART II: VERIFYING FAMILY INFORMATION 
7-II.A. VERIFICATION OF LEGAL IDENTITY 
PHA Policy 
The PHA will require families to furnish verification of legal identity for each household 
member. 
 
Verification of Legal Identity for Adults 
Verification of Legal Identity for Children 
− Certificate of birth, naturalization papers 
− Church issued baptismal certificate 
− Current, valid driver's license or 
Department of Motor Vehicle 
identification card 
− U.S. military discharge (DD 214) 
− Current U.S. passport 
− Current employer identification card 
− Certificate of birth 
− Adoption papers 
− Custody agreement 
− Health and Human Services ID 
− Certified school records 
If a document submitted by a family is illegible for any reason or otherwise questionable, more 
than one of these documents may be required. 
If none of these documents can be provided and at the PHA’s discretion, a third party who knows 
the person may attest to the person’s identity. The certification must be provided in a format 
acceptable to the PHA and be signed in the presence of a PHA representative or PHA notary 
public. The PHA reserves the right to request the self-certification be received in different 
formats due to COVID, or other situations at the PHA’s discretion. 
Legal identity will be verified for all applicants at the time of eligibility determination and in 
cases where the PHA has reason to doubt the identity of a person representing him or herself to 
be a tenant or a member of a tenant family. 
7-II.B. SOCIAL SECURITY NUMBERS [24 CFR §5.216 AND NOTICE PIH 2018-24] 
The family must provide documentation of a valid social security number (SSN) for each 
member of the household, with the exception of individuals who do not contend eligible 
immigration status. Exemptions also include, existing residents who were at least 62 years of age 
as of January 31, 2010, and had not previously disclosed an SSN. 
The PHA must accept the following documentation as acceptable evidence of the social security 
number: 
• An original SSN card issued by the Social Security Administration (SSA) 
• An original SSA-issued document, which contains the name and SSN of the individual

7-11 
• An original document issued by a federal, state, or local government agency, which 
contains the name and SSN of the individual, along with other identifying information of 
the individual 
• Such other evidence of the SSN as HUD may prescribe in administrative instructions 
The PHA may only reject documentation of an SSN provided by an applicant or resident if the 
document is not an original document, if the original document has been altered, mutilated, or is 
not legible, or if the document appears to be forged. 
PHA Policy 
The PHA will explain to the applicant or resident the reasons the document is not 
acceptable and request that the individual obtain and submit acceptable documentation of 
the SSN to the PHA within 90 days. 
If an applicant family includes a child under 6 years of age who joined the household within the 
6 months prior to the date of program admission, an otherwise eligible family may be admitted 
and must provide documentation of the child’s SSN within 90 days. A 90-day extension will be 
granted if the PHA determines that the resident’s failure to comply was due to unforeseen 
circumstances and was outside of the resident’s control. 
PHA Policy 
The PHA will grant one additional 90-day extension if needed for reasons beyond the 
applicant’s control, such as delayed processing of the SSN application by the SSA, 
natural disaster, fire, death in the family, or other emergency. 
When the resident requests to add a new household member who is at least 6 years of age, or 
who is under the age of 6 and has an SSN, the resident must provide the complete and accurate 
SSN assigned to each new member at the time of reexamination or recertification, in addition to 
the documentation required to verify it. The PHA may not add the new household member until 
such documentation is provided. 
When a resident requests to add a new household member who is under the age of 6 and has not 
been assigned an SSN, the resident must provide the SSN assigned to each new child and the 
required documentation within 90 calendar days of the child being added to the household. A 90- 
day extension will be granted if the PHA determines that the resident’s failure to comply was due 
to unforeseen circumstances and was outside of the resident’s control. During the period the 
PHA is awaiting documentation of the SSN, the child will be counted as part of the assisted 
household. 
PHA Policy 
The PHA will grant one additional 90-day extension if needed for reasons beyond the 
resident’s control such as delayed processing of the SSN application by the SSA, natural 
disaster, fire, death in the family, or other emergency. 
Social security numbers must be verified only once during continuously-assisted occupancy.

7-12 
PHA Policy 
 
The PHA will verify each disclosed SSN by: 
• Obtaining documentation from applicants and residents that is acceptable 
as evidence of social security numbers 
• Making a copy of the original documentation submitted, returning it to the 
individual, and retaining a copy in the file folder 
Once the individual’s verification status is classified as “verified,” the PHA should remove and 
destroy copies of documentation accepted as evidence of social security numbers by no later than 
the next reexamination. 
PHA Policy 
Once an individual’s status is classified as “verified” in HUD’s EIV system, the PHA 
may remove and destroy copies of documentation accepted as evidence of social security 
numbers by no later than the next reexamination. 
7-II.C. DOCUMENTATION OF AGE 
A birth certificate or other official record of birth is the preferred form of age verification for all 
family members. For elderly family members an original document that provides evidence of the 
receipt of social security retirement benefits is acceptable. 
PHA Policy 
If an official record of birth or evidence of social security retirement benefits cannot be 
provided, the PHA will require the family to submit other documents that support the 
reported age of the family member (e.g., school records, driver's license if birth year is 
recorded) and to provide a self-certification.  
Age must be verified only once during continuously-assisted occupancy. 
7-II.D. FAMILY RELATIONSHIPS 
Applicants and tenants are required to identify the relationship of each household member to the 
head of household. Definitions of the primary household relationships are provided in the 
Eligibility chapter. 
PHA Policy 
Family relationships are verified only to the extent necessary to determine a family’s 
eligibility and level of assistance. Certification by the head of household normally is 
sufficient verification of family relationships. 
Marriage 
PHA Policy 
Certification by the head of household is normally sufficient verification. If the PHA has 
reasonable doubts about a marital relationship, the PHA will require the family to

7-13 
document the marriage with a marriage certificate or other documentation to verify that 
the couple is married. 
 
In the case of a common law marriage, the couple must demonstrate that they hold 
themselves to be married (e.g., by telling the community they are married, calling each 
other husband and wife, using the same last name, filing joint income tax returns). 
Separation or Divorce 
PHA Policy 
Certification by the head of household is normally sufficient verification. If the PHA has 
reasonable doubts about a divorce or separation, the PHA will require the family to 
provide documentation of the divorce, or separation with a certified copy of a divorce 
decree, signed by a court officer; a copy of a court-ordered maintenance or other court 
record; or other documentation that shows a couple is divorced or separated. 
 
If no court document is available, documentation from a community-based agency will 
be accepted. 
Absence of Adult Member 
PHA Policy 
If an adult member who was formerly a member of the household is reported to be 
permanently absent, the family must provide evidence to support that the person is no 
longer a member of the family (e.g., documentation of another address at which the 
person resides such as a lease or utility bill). 
Foster Children and Foster Adults 
PHA Policy 
Third-party verification from the state or local government agency responsible for the 
placement of the individual with the family is required. 
7-II.E. VERIFICATION OF STUDENT STATUS 
PHA Policy 
The PHA requires families to provide information about the student status of all students 
who are 18 years of age or older. This information will be verified only if: 
• The family claims full-time student status for an adult other than the head, spouse, 
or cohead, or 
• The family claims a child care deduction to enable a family member to further his 
or her education.

7-14 
7-II.F. DOCUMENTATION OF DISABILITY 
The PHA must verify the existence of a disability in order to allow certain income disallowances 
and deductions from income. The PHA is not permitted to inquire about the nature or extent of a 
person’s disability [24 CFR §100.202(c)]. The PHA may not inquire about a person’s diagnosis 
or details of treatment for a disability or medical condition. If the PHA receives a verification 
document that provides such information, the PHA will not place this information in the tenant 
file. Under no circumstances will the PHA request a resident’s medical record(s). For more 
information on health care privacy laws, see the Department of Health and Human Services’ 
website at www.os.dhhs.gov. 
The above cited regulation does not prohibit the following inquiries, provided these inquiries are 
made of all applicants, whether or not they are persons with disabilities [VG, p. 24]: 
• Inquiry into an applicant’s ability to meet the requirements of ownership or tenancy 
• Inquiry to determine whether an applicant is qualified for a dwelling available only to 
persons with disabilities or to persons with a particular type of disability 
• Inquiry to determine whether an applicant for a dwelling is qualified for a priority 
available to persons with disabilities or to persons with a particular type of disability 
• Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a 
controlled substance 
• Inquiring whether an applicant has been convicted of the illegal manufacture or 
distribution of a controlled substance 
Family Members Receiving SSA Disability Benefits 
Verification of receipt of SSA benefits or SSI based upon disability is sufficient for verification 
of disability for the purpose of qualification for waiting list preferences or certain income 
disallowances and deductions [VG, p. 23]. 
PHA Policy 
For family members claiming disability who receive SSI or other disability payments 
from the SSA, the PHA will attempt to obtain information about disability benefits 
through the HUD Enterprise Income Verification (EIV) system when it is available, or 
HUD’s Tenant Assessment Subsystem (TASS). If documentation from HUD’s EIV 
System or TASS is not available, the PHA will request a current (dated within the last 60 
days) SSA benefit verification letter from each family member claiming disability status. 
If the family is unable to provide the document(s), the PHA will ask the family to request 
a benefit verification letter by either calling SSA at 1-800-772-1213, or by requesting it 
from www.ssa.gov. Once the applicant or resident receives the benefit verification letter 
they will be required to provide it to the PHA.

7-15 
Family Members Not Receiving SSA Disability Benefits 
Receipt of veteran’s disability benefits, worker’s compensation, or other non-SSA benefits based 
on the individual’s claimed disability are not sufficient verification that the individual meets 
HUD’s definition of disability in 24 CFR §5.603, necessary to qualify for waiting list preferences 
or certain income disallowances and deductions. 
PHA Policy 
For family members claiming disability who do not receive disability benefits from the 
SSA, a knowledgeable professional must provide third-party verification that the family 
member meets the HUD definition of disability. See the Eligibility chapter for the HUD 
definition of disability. The knowledgeable professional will verify whether the family 
member does or does not meet the HUD definition. 
7-II.G. Citizenship or Eligible Immigration Status [24 CFR §5.508] 
Overview 
Housing assistance is not available to persons who are not citizens, nationals, or eligible 
immigrants. Prorated assistance is provided for "mixed families" containing both eligible and 
ineligible persons. See the Eligibility chapter for detailed discussion of eligibility requirements. 
This chapter (7) discusses HUD and PHA verification requirements related to citizenship status. 
The family must provide a certification that identifies each family member as a U.S. citizen, a 
U.S. national, an eligible noncitizen or an ineligible noncitizen and submit the documents 
discussed below for each family member. Once eligibility to receive assistance has been verified 
for an individual it need not be collected or verified again during continuously-assisted 
occupancy [24 CFR §5.508(g)(5)] 
U.S. Citizens and Nationals 
HUD requires a declaration for each family member who claims to be a U.S. citizen or national. 
The declaration must be signed personally by any family member 18 or older and by a guardian 
for minors. 
The PHA may request verification of the declaration by requiring presentation of a birth 
certificate, United States passport or other appropriate documentation. 
PHA Policy 
Family members who claim U.S. citizenship or national status will not be required to 
provide additional documentation unless the PHA receives information indicating that an 
individual’s declaration may not be accurate. 
Eligible Immigrants

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Documents Required 
All family members claiming eligible immigration status must declare their status in the same 
manner as U.S. citizens and nationals. 
The documentation required for eligible noncitizens varies depending upon factors such as the 
date the person entered the U.S., the conditions under which eligible immigration status has been 
granted, age, and the date on which the family began receiving HUD-funded assistance. Exhibit 
7-1 at the end of this chapter summarizes documents family members must provide. 
 
PHA Verification [HCV GB, pp 5-3 and 5-7] 
For family members age 62 or older who claim to be eligible immigrants, proof of age is 
required in the manner described in 7-II.C. of this ACOP. No further verification of eligible 
immigration status is required. 
For family members under the age of 62 who claim to be eligible immigrants, the PHA must 
verify immigration status with the U.S. Citizenship and Immigration Services (USCIS). 
The PHA will follow all USCIS protocols for verification of eligible immigration status. 
7-II.H. VERIFICATION OF PREFERENCE STATUS 
The PHA must verify any preferences claimed by an applicant that determined his or her 
placement on the waiting list. 
PHA Policy 
A. Displaced person(s): Individuals or families displaced by local government action 
or whose dwelling has been extensively damaged or destroyed as a result of a 
disaster declared or otherwise formally recognized pursuant to Federal disaster 
relief laws. 
B. Living or Working in Chandler: Applicant must physically live, work, or hired to 
work in City of Chandler. 
C. Chronically Homeless: The following definition must be met.  A chronically 
homeless person as defined by the U.S. Department of HUD (24 CFR §570.3): (1) 
A “homeless individual with a disability,” as defined in Section 401(9) of the 
McKinney–Vento Homeless Assistance Act (42 U.S.C. 11360(9)), who: (i) Lives 
in a place not meant for human habitation, a safe haven, or in an emergency 
shelter; and ii) Has been homeless and living as described in paragraph (1)(i) of 
this definition continuously for at least 12 months or on at least 4 separate 
occasions in the last 3 years, as long as the combined occasions equal at least 12 
months and each break in homelessness separating the occasions included at least 
7 consecutive nights of not living as described in paragraph (1)(i). Stays in 
institutional care facilities for fewer than 90 days will not constitute as a break in

7-17 
homelessness, but rather such stays are included in the 12–month total, as long as 
the individual was living or residing in a place not meant for human habitation, a 
safe haven, or an emergency shelter immediately before entering the institutional 
care facility; (2) An individual who has been residing in an institutional care 
facility, including a jail, substance abuse or mental health treatment facility, 
hospital, or other similar facility, for fewer than 90 days and met all of the criteria 
in paragraph (1) of this definition, before entering that facility; or (3) A family 
with an adult head of household (or if there is no adult in the family, a minor head 
of household) who meets all of the criteria in paragraph (1) or (2) of this 
definition, including a family whose composition has fluctuated while the head of 
household has been homeless. 
D. Currently Employed/Employment Program: Families whose Head, Spouse, Head, 
or Sole Member is employed.  Applicants with an adult family member enrolled 
in an employment training program or currently working (20) hours a week, or 
attending school on a full-time basis. Working hours must be attributed to only 
one family members. Family cannot combine work hours. 
E. Elderly families where the head of household or spouse is at least 62+ years of 
age. Verification of disability may include documentation proving age. 
F. Disabled families and families with a disabled household member. Verification of 
disability may include a letter from a medical provider or proof of receiving 
Social Security benefits for disability. 
PHA Policy 
The PHA offers a preference for persons or households displaced, living or working in 
the City of Chandler, families currently employed or with an adult family member 
attending an employment training program, elderly families, and disabled families and 
families with a disabled household member. 
 
The PHA offers a preference for persons or households displaced, living or working in 
the City of Chandler, families currently employed or with an adult family member 
attending an employment training program, elderly families, and disabled families and 
families with a disabled household member. 
 
The PHA may verify that the family qualifies for Living in the City of Chandler 
preference based on the verification received from the landlord, driver’s license, post 
office, or employer or other valid, third party source. 
 
The PHA may verify that the family qualifies for Chronically Homeless based on 1) 
referral letter from a non-profit organization in which the applicant is enrolled or 
verifying their status as an unaccompanied homeless person with a disabling condition 
and 2) printout from the Homeless Management Information System (HMIS). 
 
The PHA may verify that the family qualifies for Working in the City of Chandler 
preference based on the verification received from the employer or the Internal Revenue 
Service (IRS) documents.

7-18 
 
The PHA may verify that the family qualifies for the working family preference based on 
the verification received from the employer.  If the employment verification is not 
received from the employer within a reasonable amount of time, the family’s submission 
of the working member’s most recent paycheck stub indicating that the working member 
works at least 20 hours per week is acceptable. The paycheck stub must have been issued 
to the working member within the last thirty days. 
 
The PHA may verify that the family qualifies for adult family member(s) enrolled in an 
employment-training program preference based on the verification received from the 
institution or agency that is providing the employment-training program. 
 
The PHA may verify that the family qualifies for an adult family member(s) attending 
school preference based on the verification received from the school that indicates that 
the adult family member(s) is attending on a full-time basis. 
 
Elderly/disabled status will be verified by birth certificate or other form of valid 
identification showing birth date (e.g., Social Security documents, passport, etc.). 
Disabled status will be verified by a Social Security Administration letter/document 
showing the person is disabled, or by a letter received from a disability or medical 
professional willing to sign under oath that the individual is disabled.

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PART III: VERIFYING INCOME AND ASSETS 
Chapter 6, Part I of this ACOP describes in detail the types of income that are included and 
excluded and how assets and income from assets are handled. Any assets and income reported by 
the family must be verified. This part provides PHA policies that supplement the general 
verification procedures specified in Part I of this chapter. 
7-III.A. EARNED INCOME 
Tips 
PHA Policy 
Unless tip income is included in a family member’s W-2 by the employer, persons who 
work in industries where tips are standard will be required to sign a certified estimate of 
tips received for the prior year and tips anticipated to be received in the coming year. 
Wages 
PHA Policy 
For wages other than tips, the family must provide originals of the two most current, 
consecutive pay stubs. 
7-III.B. BUSINESS AND SELF EMPLOYMENT INCOME 
PHA Policy 
Business owners and self-employed persons will be required to provide: 
• An audited financial statement for the previous fiscal year if an audit was 
conducted. If an audit was not conducted, a statement of income and expenses 
must be submitted and the business owner or self-employed person must certify to 
its accuracy. 
• All schedules completed for filing federal and local taxes in the preceding year. 
• If accelerated depreciation was used on the tax return or financial statement, an 
accountant's calculation of depreciation expense, computed using straight-line 
depreciation rules. 
The PHA will provide a format for any person who is unable to provide such a statement to 
record income and expenses for the coming year. The business owner/self-employed person will 
be required to submit the information requested and to certify to its accuracy at all future 
reexaminations. 
At any reexamination the PHA may request documents that support submitted financial 
statements such as manifests, appointment books, cash books, or bank statements. 
If a family member has been self-employed less than three months, the PHA will accept the 
family member's certified estimate of income and schedule an interim reexamination in three

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months. If the family member has been self-employed for three to 12 months the PHA will 
require the family to provide documentation of income and expenses for this period and use that 
information to project income. The self-certification must be made in a format acceptable to the 
PHA and must be signed by the family member whose information or status is being verified. All 
self-certifications must be signed in the presence of a notary public. 
7-III.C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS 
For policies governing streamlined income determinations for fixed sources of income, please 
see Chapter 9. 
Social Security/SSI Benefits 
PHA Policy 
To verify the SS/SSI benefits of applicants, the PHA will request a current (dated within 
the last 60 days) SSA benefit verification letter from each family member who receives 
social security benefits. If a family member is unable to provide the document, the PHA 
will help the applicant request a benefit verification letter from SSA’s Web site at 
www.socialsecurity.gov or ask the family to request one by calling SSA at 1-800-772-
1213. Once the family has received the original benefit verification letter, it will be 
required to provide the letter to the PHA. 
 
To verify the SS/SSI benefits of residents, the PHA will obtain information about social 
security/SSI benefits through HUD’s EIV system, and confirm with the resident(s) that 
the current listed benefit amount is correct.  If the resident disputes the EIV-reported 
benefited amount, or if benefit information is not available in HUD systems, the PHA 
will request a current SSA benefit verification letter from each family member that 
receives social security benefits. 
 
If a family member is unable to provide the document, the PHA will help the applicant 
request a benefit verification letter from SSA’s Web site at www.socialsecurity.gov or 
ask the family to request one by calling SSA at 1-800-772-1213. Once the family has 
received the benefit verification letter, it will be required to provide the letter to the PHA. 
7-III.D. ALIMONY OR CHILD SUPPORT 
PHA Policy 
The method the PHA will use to verify alimony and child support payments differs 
depending on whether the family declares that it receives regular payments. 
− If the family declares that it receives regular payments, verification will be obtained 
in the following order of priority: 
1) Copies of the receipts and/or payment stubs for the 60 days prior to PHA 
request.

7-21 
2) Third-party verification form from the state or local child support enforcement 
agency. 
3) Third-party verification form from the person paying the support 
4) Copy of a separation or settlement agreement or a divorce decree stating 
amount and type of support and payment schedules 
5) Family's self-certification of amount received 
If the family declares that it receives irregular or no payments, in addition to the 
verification process listed above, the family must provide evidence that it has taken all 
reasonable efforts to collect amounts due. This may include: 
− A statement from any agency responsible for enforcing payment that shows the 
family has requested enforcement and is cooperating with all enforcement efforts; 
or 
− If the family has made independent efforts at collection, a written statement from 
the attorney or other collection entity that has assisted the family in these efforts 
Note: Families are not required to undertake independent enforcement action. 
7-III.E. ASSETS AND INCOME FROM ASSETS 
Assets Disposed of for Less than Fair Market Value 
The family must certify whether any assets have been disposed of for less than fair market value 
in the preceding two years. The PHA needs to verify only those certifications that warrant 
documentation [HCV GB, p. 5-28]. 
PHA Policy 
The PHA will verify the value of assets disposed of only if: 
 
The PHA does not already have a reasonable estimation of its value from previously 
collected information, or 
 
The amount reported by the family in the certification appears obviously in error. 
 
 
 
 
 
Example 1: An elderly resident reported a $10,000 certificate of deposit at the 
last annual reexamination and the PHA verified this amount. Now the person 
reports that she has given this $10,000 to her son. The PHA has a reasonable 
estimate of the value of the asset; therefore, reverification of the value of the 
asset is not necessary. 
Example 2: A family member has disposed of its 1/4 share of real property 
located in a desirable area and has valued her share at approximately 5,000. 
Based upon market conditions, this declaration does not seem realistic. 
Therefore, the PHA will verify the value of this asset.

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7-III.F. NET INCOME FROM RENTAL PROPERTY 
PHA Policy 
The family must provide: 
• A current executed lease for the property that shows the rental amount or 
certification from the current tenant; 
• A self-certification from the family members engaged in the rental of property 
providing an estimate of expenses for the coming year and the most recent IRS 
Form 1040 with Schedule E (Rental Income). If schedule E was not prepared, the 
PHA will require the family members involved in the rental of property to provide 
a self-certification of income and expenses for the previous year and may request 
documentation to support the statement including: tax statements, insurance 
invoices, bills for reasonable maintenance and utilities, and bank statements or 
amortization schedules showing monthly interest expense. 
7-III.G. RETIREMENT ACCOUNTS 
PHA Policy 
The PHA will accept written third-party documents supplied by the family as evidence of 
the status of retirement accounts. 
 
The type of original document that will be accepted depends upon the family member’s 
retirement status. 
• Before retirement, the PHA will accept an original document from the entity 
holding the account with a date that shows it is the most recently scheduled 
statement for the account but in no case earlier than 6 months from the effective 
date of the examination. 
• Upon retirement, the PHA will accept an original document from the entity 
holding the account that reflects any distributions of the account balance, any 
lump sums taken and any regular payments. 
• After retirement, the PHA will accept an original document from the entity 
holding the account dated no earlier than 12 months before that reflects any 
distributions of the account balance, any lump sums taken and any regular 
payments. 
7-III.H. INCOME FROM EXCLUDED SOURCES 
A detailed discussion of excluded income is provided in Chapter 6, Part I. 
HUD guidance on verification of excluded income draws a distinction between income that is 
fully excluded, and income that is only partially excluded. 
For fully excluded income, the PHA is not required to follow the verification hierarchy, 
document why third-party verification is not available, or report the income on the 50058. Fully

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excluded income is defined as income that is entirely excluded from the annual income 
determination (for example, food stamps, earned income of a minor, or foster care funds) [Notice 
PIH 2013-04]. 
PHAs may accept a family’s signed application or reexamination form as self-certification of 
fully excluded income. They do not have to require additional documentation. However, if there 
is any doubt that a source of income qualifies for full exclusion, PHAs have the option of 
requiring additional verification. 
For partially excluded income, the PHA is required to follow the verification hierarchy and all 
applicable regulations, and to report the income on the 50058. Partially excluded income is 
defined as income where only a certain portion of what is reported by the family qualifies to be 
excluded and the remainder is included in annual income (for example, the income of an adult 
full-time student, or income excluded under the earned income disallowance). 
PHA Policy 
The PHA will accept the family’s self-certification as verification of fully excluded 
income.  The PHA may request additional documentation if necessary to document the 
income source. 
 
The PHA will verify the source and amount of partially excluded income as described in 
Part 1 of this chapter. 
7-III.I. ZERO ANNUAL INCOME STATUS 
PHA Policy 
The PHA will check UIV sources and/or request information from third-party sources to 
verify that certain forms of income such as unemployment benefits, TANF, SS, SSI, 
earned income, etc. are not being received by families claiming to have zero annual 
income.

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PART IV: VERIFYING MANDATORY DEDUCTIONS 
7-IV.A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD DEDUCTIONS 
The dependent and elderly/disabled family deductions require only that the PHA verify that the 
family members identified as dependents or elderly/disabled persons meet the statutory 
definitions. No further verifications are required. 
Dependent Deduction 
See Chapter 6 (6-II.B.) for a full discussion of this deduction. The PHA will verify that: 
• Any person under the age of 18 for whom the dependent deduction is claimed is not the 
head, spouse or cohead of the family and is not a foster child; 
• Any person age 18 or older for whom the dependent deduction is claimed is not a foster 
adult or live-in aide, and is a person with a disability or a full time student. 
Elderly/Disabled Family Deduction 
See the Eligibility chapter for a definition of elderly and disabled families and Chapter 6 (6-II.C.) 
for a discussion of the deduction. The PHA will verify that the head, spouse, or cohead is 62 
years of age or older or a person with disabilities. 
7-IV.B. MEDICAL EXPENSE DEDUCTION 
Policies related to medical expenses are found in 6-II.D. The amount of the deduction will be 
verified following the standard verification procedures described in Part I. 
Amount of Expense 
PHA Policy 
Medical expenses will be verified through: 
• Written third-party documents provided by the family, such as pharmacy printouts 
or receipts. 
• The PHA will make a best effort to determine what expenses from the past are 
likely to continue to occur in the future. The PHA will also accept evidence of 
monthly payments or total payments that will be due for medical expenses during 
the upcoming 12 months. 
• Written third-party verification forms, if the family is unable to provide 
acceptable documentation. 
• If third-party or document review is not possible, written family certification as to 
costs anticipated to be incurred during the upcoming 12 months 
In addition, the PHA must verify that:

7-25 
• The household is eligible for the deduction. 
• The costs to be deducted are qualified medical expenses. 
• The expenses are not paid for or reimbursed by any other source. 
• Costs incurred in past years are counted only once. 
Eligible Household 
The medical expense deduction is permitted only for households in which the head, spouse, or 
cohead is at least 62 or a person with disabilities. The PHA will verify that the family meets the 
definition of an elderly or disabled family provided in the Eligibility chapter, and as described in 
Chapter 7 (7-IV.A) of this plan. 
Qualified Expenses 
To be eligible for the medical expenses deduction, the costs must qualify as medical expenses. 
See Chapter 6 (6-II.D.) for the PHA’s policy on what counts as a medical expense. 
Unreimbursed Expenses 
To be eligible for the medical expenses deduction, the costs must not be reimbursed by another 
source. 
PHA Policy 
The family will be required to certify that the medical expenses are not paid or 
reimbursed to the family from any source. If expenses are verified through a third party, 
the third party must certify that the expenses are not paid or reimbursed from any other 
source. 
Expenses Incurred in Past Years 
PHA Policy 
When anticipated costs are related to on-going payment of medical bills incurred in past 
years, the PHA will verify: 
• The anticipated repayment schedule 
• The amounts paid in the past, and 
• Whether the amounts to be repaid have been deducted from the family’s annual 
income in past years 
7-IV.C. DISABILITY ASSISTANCE EXPENSES 
Policies related to disability assistance expenses are found in 6-II.E. The amount of the deduction 
will be verified following the standard verification procedures described in Part I.

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Amount of Expense 
Attendant Care 
PHA Policy 
The PHA will accept written third-party documents provided by the family. 
 
If the family-provided documents are not available, the PHA will provide a third-party 
verification form directly to the care provider requesting the needed information. 
 
Expenses for attendant care will be verified through: 
• Written third-party documents provided by the family, such as receipts or 
cancelled checks; or 
• Third-party verification form signed by the provider, if family-provided 
documents are not available; 
• If third-party verification is not possible, written family certification as to costs 
anticipated to be incurred for the upcoming 12 months. 
Auxiliary Apparatus 
PHA Policy 
Expenses for auxiliary apparatus will be verified through: 
• Written third-party documents provided by the family, such as billing statements 
for purchase of auxiliary apparatus, or other evidence of monthly payments or 
total payments that will be due for the apparatus during the upcoming 12 months. 
• Third-party verification form signed by the provider, if family-provided 
documents are not available. 
• If third-party or document review is not possible, written family certification of 
estimated apparatus costs for the upcoming 12 months. 
In addition, the PHA must verify that: 
• The family member for whom the expense is incurred is a person with disabilities (as 
described in 7-II.F above). 
• The expense permits a family member, or members, to work (as described in 6-II.E.). 
• The expense is not reimbursed from another source (as described in 6-II.E.). 
Family Member is a Person with Disabilities 
To be eligible for the disability assistance expense deduction, the costs must be incurred for 
attendant care or auxiliary apparatus expense associated with a person with disabilities. The PHA 
will verify that the expense is incurred for a person with disabilities (See 7-II.F.).

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Family Member(s) Permitted to Work 
The PHA must verify that the expenses claimed actually enable a family member, or members, 
(including the person with disabilities) to work. 
PHA Policy 
The PHA will request third-party verification from a rehabilitation agency or 
knowledgeable medical professional indicating that the person with disabilities requires 
attendant care or an auxiliary apparatus to be employed, or that the attendant care or 
auxiliary apparatus enables another family member, or members, to work (See 6-II.E.).  
This documentation may be provided by the family. 
 
If third-party verification has been attempted and is either unavailable or proves 
unsuccessful, the family must certify that the disability assistance expense frees a family 
member, or members (possibly including the family member receiving the assistance), to 
work. 
Unreimbursed Expenses 
To be eligible for the disability expenses deduction, the costs must not be reimbursed by another 
source. 
PHA Policy 
The family will be required to certify that attendant care or auxiliary apparatus expenses 
are not paid by or reimbursed to the family from any source. 
7-IV.D. CHILD CARE EXPENSES 
Policies related to child care expenses are found in Chapter 6 (6-II.F). The amount of the 
deduction will be verified following the standard verification procedures described in Part I. In 
addition, the PHA must verify that: 
• The child is eligible for care. (12 or younger). 
• The costs claimed are not reimbursed. 
• The costs enable a family member to work, actively seek work, or further their education. 
• The costs are for an allowable type of child care. 
• The costs are reasonable. 
Eligible Child 
To be eligible for the child care deduction, the costs must be incurred for the care of a child 
under the age of 13. The PHA will verify that the child being cared for (including foster children) 
is under the age of 13 (See 7-II.C.).

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Unreimbursed Expense 
To be eligible for the child care deduction, the costs must not be reimbursed by another source. 
PHA Policy 
The family and the care provider will be required to certify that the child care expenses 
are not paid by or reimbursed to the family from any source. 
Pursuing an Eligible Activity 
The PHA must verify that the family member(s) that the family has identified as being enabled to 
seek work, pursue education, or be gainfully employed, are actually pursuing those activities. 
PHA Policy 
Information to be Gathered 
• The PHA will verify information about how the schedule for the claimed activity 
relates to the hours of care provided, the time required for transportation, the time 
required for study (for students), the relationship of the family member(s) to the 
child, and any special needs of the child that might help determine which family 
member is enabled to pursue an eligible activity. 
Seeking Work 
• Whenever possible the PHA will use documentation from a state or local agency 
that monitors work-related requirements (e.g., welfare or unemployment). In such 
cases the PHA will request family-provided verification from the agency of the 
member’s job seeking efforts to date and require the family to submit to the PHA 
any reports provided to the other agency. 
• In the event third-party verification is not available, the PHA will provide the 
family with a form on which the family member must record job search efforts. 
The PHA will review this information at each subsequent reexamination for 
which this deduction is claimed. 
Furthering Education 
• The PHA will request third-party documentation to verify that the person 
permitted to further his or her education by the child care is enrolled and provide 
information about the timing of classes for which the person is registered.  The 
documentation may be provided by the family. 
Gainful Employment 
• The PHA will seek third-party verification of the work schedule of the person 
who is permitted to work by the child care. In cases in which two or more family 
members could be permitted to work, the work schedules for all relevant family 
members may be verified.  The documentation may be provided by the family.

7-29 
Allowable Type of Child Care 
The type of care to be provided is determined by the family, but must fall within certain 
guidelines, as discussed in Chapter 6. 
PHA Policy 
The PHA will verify that the type of child care selected by the family is allowable, as 
described in Chapter 6 (6-II.F). 
 
The PHA will verify that the fees paid to the child care provider cover only child care 
costs (e.g., no housekeeping services or personal services) and are paid only for the care 
of an eligible child (e.g., prorate costs if some of the care is provided for ineligible family 
members). 
 
The PHA will verify that the child care provider is not an assisted family member. 
Verification will be made through the head of household’s declaration of family members 
who are expected to reside in the unit. 
Reasonableness of Expenses 
Only reasonable child care costs can be deducted. 
PHA Policy 
The actual costs the family incurs will be compared with the PHA’s established standards 
of reasonableness for the type of care in the locality to ensure that the costs are 
reasonable. 
 
If the family presents a justification for costs that exceed typical costs in the area, the 
PHA will request additional documentation, as required, to support a determination that 
the higher cost is appropriate.

7-30 
EXHIBIT 7-1: Summary of Documentation Requirements for Noncitizens  
[HCV GB, pp. 5-9 and 5-10] 
 
• All noncitizens claiming eligible status must sign a declaration of eligible immigrant status 
on a form acceptable to the PHA. 
• Except for persons 62 or older, all noncitizens must sign a verification consent form 
• Additional documents are required based upon the person's status. 
Elderly Noncitizens 
• A person 62 years of age or older who claims eligible immigration status also must provide 
proof of age such as birth certificate, passport, or documents showing receipt of SS old-age 
benefits. 
All other Noncitizens 
• Noncitizens that claim eligible immigration status also must present the applicable USCIS 
document. Acceptable USCIS documents are listed below. 
• Form I-551 Alien Registration Receipt 
Card (for permanent resident aliens) 
• Form I-94 Arrival-Departure Record 
annotated with one of the following: 
• “Admitted as a Refugee Pursuant to 
Section 207” 
• “Section 208” or “Asylum” 
• “Section 243(h)” or “Deportation 
stayed by Attorney General” 
• “Paroled Pursuant to Section 221 
(d)(5) of the USCIS” 
• Form I-94 Arrival-Departure Record with 
no annotation accompanied by: 
• A final court decision granting asylum 
(but only if no appeal is taken); 
• A letter from a USCIS asylum officer 
granting asylum (if application is filed 
on or after 10/1/90) or from a USCIS 
district director granting asylum 
(application filed before 10/1/90); 
• A court decision granting withholding 
of deportation; or 
• A letter from an asylum officer 
granting withholding or deportation (if 
application filed on or after 10/1/90). 
Form I-688 Temporary Resident Card 
annotated “Section 245A” or Section 210” 
Form I-688B Employment Authorization 
Card annotated “Provision of Law 274a. 
12(11)” or “Provision of Law 274a.12”. 
• A receipt issued by the USCIS indicating that an application for issuance of a replacement 
document in one of the above listed categories has been made and the applicant’s 
entitlement to the document has been verified; or 
• Other acceptable evidence. If other documents are determined by the USCIS to constitute 
acceptable evidence of eligible immigration status, they will be announced by notice 
published in the Federal Register

8-1 
Chapter 8  
LEASING AND INSPECTIONS 
[24 CFR §5, Subpart G; 24 CFR §966, Subpart A] 
INTRODUCTION 
Public housing leases are the contractual basis of the legal relationship between the PHA and the 
tenant. All units must be occupied pursuant to a dwelling lease agreement that complies with 
HUD regulations. 
HUD regulations require the PHA to inspect each dwelling unit prior to move-in, at move-out, 
and annually during the period of occupancy. In addition, the PHA may conduct additional 
inspections in accordance with PHA policy. 
This chapter is divided into two parts as follows: 
Part I: Leasing. This part describes pre-leasing activities and the PHA’s policies 
pertaining to lease execution, lease modification, and payments under the lease. 
Part II: Inspections. This part describes the PHA’s policies for inspecting dwelling 
units.

8-2 
PART I: LEASING 
8-I.A. OVERVIEW 
An eligible family may occupy a public housing dwelling unit under the terms of a lease. The 
lease must meet all regulatory requirements, and must also comply with applicable state and 
local laws and codes. 
The term of the lease must be for a period of 12 months. The lease must be renewed 
automatically for another 12-month term, except that the PHA may not renew the lease if the 
family has violated the community service requirement [24 CFR §966.4(a)(2)]. 
PHAs must adopt smoke-free policies, which must be implemented no later than July 30, 2018. 
A smoke-free policy is attached as Exhibit 8-1. 
PHAs must include in the ACOP residential minimum heating standards policies [Notice PIH 
2018-19]. The policy is included in Part I of this chapter. 
Part I of this chapter contains regulatory information on leasing, where applicable, as well as the 
PHA’s leasing policies. 
8-I.B. LEASE ORIENTATION 
PHA Policy 
After unit acceptance but prior to occupancy, a PHA representative will conduct a lease 
orientation with the family. The head of household or spouse is required to attend. 
Orientation Agenda 
PHA Policy 
When families attend the lease orientation, they will be provided with the following 
copies: 
• The lease 
• The PHA’s grievance procedure 
• The house rules 
• Smoke Free Policy 
• The pamphlet Protect Your Family From Lead in Your Home 
• “Is Fraud Worth It?” (form HUD-1141-OIG), which explains the types of actions a 
family must avoid and the penalties for program abuse 
• “What You Should Know about EIV,” a guide to the Enterprise Income Verification 
(EIV) system published by HUD as an attachment to Notice PIH 2017-12 
• Form HUD-5380, VAWA Notice of Occupancy Rights

8-3 
• Form HUD-5382, Certification of Domestic Violence, Dating Violence, Sexual Assault, 
or Stalking 
• A notice that includes the procedures for requesting relief and the PHA’s criteria for 
granting requests for relief for excess utility surcharges. 
Topics to be discussed and explained to all families include: 
• Applicable deposits and all other charges 
• Review and explanation of lease provisions, including House Rules and unit maintenance 
requests and work orders 
• The PHA’s interim reporting requirements 
• Review and explanation of occupancy forms 
• Community service requirements 
• Family choice of rent 
• VAWA protections 
• Smoke-free policies 
8-I.C. EXECUTION OF LEASE 
A lease is executed at the time of admission for all new residents. A new lease is also executed at 
the time of transfer from one PHA unit to another. 
The lease must state the composition of the household as approved by the PHA (family members 
and any PHA-approved live-in aide) [24 CFR §966.4(a)(1)(v)]. See Section 8-I.D. for policies 
regarding changes in family composition during the lease term. 
PHA Policy 
The head of household, spouse or cohead, and all other adult members of the household 
will be required to sign the public housing lease prior to admission. An appointment will 
be scheduled for the parties to execute the lease. The head of household will be provided 
a copy of the executed lease and the PHA will retain a copy in the resident’s file. 
 
Files for households that include a live-in aide will contain file documentation signed by 
the live-in aide, that the live-in aide is not a party to the lease and is not entitled to PHA 
assistance. The live-in aide is only approved to live in the unit while serving as the care 
attendant for the family member who requires the care. 
8-I.D. MODIFICATIONS TO THE LEASE 
The lease may be modified at any time by written agreement of the tenant and the PHA [24 CFR 
§966.4(a)(3)].

8-4 
Modifications to the Lease Form 
The PHA may modify its lease from time to time. However, the PHA must give residents at least 
thirty (30) days advance notice of the proposed changes and an opportunity to comment on the 
changes. The PHA must also consider any comments before formally adopting the new lease [24 
CFR §966.3]. 
After proposed changes have been incorporated into the lease and approved by the Board, each 
family must be notified at least 60 days in advance of the effective date of the new lease or lease 
revision. A resident's refusal to accept permissible and reasonable lease modifications that are 
made in accordance with HUD requirements, or are required by HUD, is grounds for termination 
of tenancy [24 CFR §966.4(l)(2)(iii)(E)]. 
PHA Policy 
The family will have 30 days to accept the revised lease. If the family does not accept the 
offer of the revised lease within that 30 day timeframe, the family’s tenancy will be 
terminated for other good cause in accordance with the policies in Chapter 13. 
Schedules of special charges and rules and regulations are subject to modification or revision. 
Because these schedules are incorporated into the lease by reference, residents and resident 
organizations must be provided at least thirty days written notice of the reason(s) for any 
proposed modifications or revisions, and must be given an opportunity to present written 
comments. The notice must be delivered directly or mailed to each tenant; or posted in at least 
three conspicuous places within each structure or building in which the affected dwelling units 
are located, as well as in a conspicuous place at the project office, if any, or if none, a similar 
central business location within the project. Comments must be taken into consideration before 
any proposed modifications or revisions become effective [24 CFR §966.5]. 
After the proposed revisions become effective they must be publicly posted in a conspicuous 
manner in the project office and must be furnished to applicants and tenants on request [24 CFR 
§966.5]. 
PHA Policy 
When the PHA proposes to modify or revise schedules of special charges or rules and 
regulations, the PHA will post a copy of the notice in the central office, post it at the 
family sites and will mail a copy of the notice to each resident family. Documentation of 
proper notice will be included in each resident file. 
Other Modifications 
PHA Policy 
The lease will be amended to reflect all changes in family composition. 
 
If, for any reason, any member of the household ceases to reside in the unit, the lease will 
be amended by drawing a line through the person's name. The head of household and 
PHA will be required to initial and date the change.

8-5 
If a new household member is approved by the PHA to reside in the unit, the person’s 
name and birth date will be added to the lease. The head of household and PHA will be 
required to initial and date the change. If the new member of the household is an adult, 
s/he will also be required to sign and date the lease. 
 
Policies governing when and how changes in family composition must be reported are 
contained in Chapter 9, Reexaminations. 
8-I.E. SECURITY DEPOSITS [24 CFR §966.4(B)(5)] 
At the option of the PHA, the lease may require security deposits. The amount of the security 
deposit cannot exceed one month’s rent or a reasonable fixed amount as determined by the PHA. 
The PHA may allow for gradual accumulation of the security deposit by the family, or the family 
may be required to pay the security deposit in full prior to occupancy. Subject to applicable laws, 
interest earned on security deposits may be refunded to the tenant after vacating the unit, or used 
for tenant services or activities. 
PHA Policy 
Residents must pay a security deposit to the PHA at the time of admission. The amount 
of the security deposit is as follows: 
Public Housing Development 
Bedroom Size 
Security Deposit Amount 
1 
$350 
2 
$400 
3 
$450 
4 
$500 
5 
$550 
 
Public Housing Scattered Sites 
Bedroom Size 
Security Deposit Amount 
2 
$525 
3 
$550 
4 
$600 
5 
$675 
The security deposit must be paid in full prior to occupancy. 
The PHA will hold the security deposit for the period the family occupies the unit. The PHA will 
not use the security deposit for rent or other charges while the resident is living in the unit.

8-6 
Within 30 days of move-out, the PHA will refund to the resident the amount of the security 
deposit , less any amount needed to pay the cost of unpaid rent, damages listed on the move-out 
inspection report that exceed normal wear and tear, and other charges due under the lease. 
The PHA will provide the resident with a written list of any charges against the security deposit. 
If the resident disagrees with the amount charged, the PHA will provide a meeting to discuss the 
charges. 
If the resident transfers to another unit, the PHA will transfer the security deposit to the new unit. 
The tenant will be billed for any maintenance or other charges due for the “old” unit. 
8-I.F. PAYMENTS UNDER THE LEASE 
Rent Payments [24 CFR §966.4(b)(1)] 
Families must pay the amount of the monthly tenant rent determined by the PHA in accordance 
with HUD regulations and other requirements. The amount of the tenant rent is subject to change 
in accordance with HUD requirements. 
The lease must specify the initial amount of the tenant rent at the beginning of the initial lease 
term, and the PHA must give written notice stating any change in the amount of tenant rent and 
when the change is effective. 
PHA Policy 
The tenant rent is due and payable at the PHA-designated location on the first of every 
month. If the first falls on a weekend or holiday, the rent is due and payable on the first 
business day thereafter. 
 
If a family’s tenant rent changes, the PHA will notify the family of the new amount and 
the effective date by sending a written notice, which will become an attachment to the 
lease. 
Late Fees and Nonpayment [Notice PIH 2021-29] 
At the option of the PHA, the lease may provide for payment of penalties when the family is late 
in paying tenant rent [24 CFR §966.4(b)(3)]. 
The lease must provide that late payment fees are not due and collectible until two weeks after 
the PHA gives written notice of the charges. The written notice is considered an adverse action, 
and must meet the requirements governing a notice of adverse action [24 CFR §966.4(b)(4)]. 
The notice of proposed adverse action must identify the specific grounds for the action and 
inform the family of their right for a hearing under the PHA grievance procedures. The PHA 
must not take the proposed action until the time for the tenant to request a grievance hearing has 
expired, or (if a hearing was requested within the required timeframe,) the grievance process has 
been completed [24 CFR §966.4(e)(8)].

8-7 
PHA Policy 
If the family fails to pay their rent by the fifth day of the month, and the PHA has not 
agreed to accept payment at a later date, a 30 day Notice to Vacate will be issued to the 
resident for failure to pay rent, demanding payment in full or the surrender of the 
premises. 
 
If the family has received six (6) 30-day Notice to Vacate termination letters in a  lease 
period, even if they pay all amount specified in the notice, the lease violation will not be 
cured and the family must vacate the premise. 
 
In addition, if the resident fails to make payment by the end of office hours on the fifth of 
the month, a late fee of $25.00 will be charged. Notices of late fees will be in accordance 
with requirements regarding notices of adverse action. If the family requests a grievance 
hearing within the required timeframe, the PHA may not take action for nonpayment of 
the fee until the conclusion of the grievance process. If the resident can document 
financial hardship, the late fee may be waived on a case-by-case basis. 
 
If the PHA agrees to accept payment at a later date, a ‘Tenant Payment Agreement’ will 
signed by the resident, housing representative and the housing administrative supervisor.  
The payment amount will include late fees and will need to be collected in the month that 
the rent is due.  Tenant payment agreements are entered into any time before the last two 
weeks of the month.   
 
When a check is returned for insufficient funds or is written on a closed account, the rent 
will be considered unpaid and a returned check fee of $25.00 will be charged to the 
family. 
 
Any rent payment received will be applied to the oldest rent charges in the resident's 
account with the exception of debts currently under a payment agreement. 
Excess Utility Charges 
If the PHA charges the tenant for consumption of excess utilities, the lease must state the basis 
for the determination of such charges. The imposition of charges for consumption of excess 
utilities is permissible only if the charges are determined by an individual check meter servicing 
the leased unit or result from the use of major tenant-supplied appliances [24 CFR §966.4(b)(2)]. 
Schedules of special charges for utilities that are required to be incorporated in the lease by 
reference must be publicly posted in a conspicuous manner in the development office and must 
be furnished to applicants and tenants on request [24 CFR §966.5]. 
The lease must provide that charges for excess utility consumption are not due and collectible 
until two weeks after the PHA gives written notice of the charges. The written notice is 
considered an adverse action, and must meet the requirements governing a notice of adverse 
action [24 CFR §966.4(b)(4)].

8-8 
The notice of proposed adverse action must identify the specific grounds for the action and 
inform the family of their right to a hearing under the PHA grievance procedures. The PHA must 
not take the proposed action until the time for the tenant to request a grievance hearing has 
expired, or (if a hearing was requested within the required timeframe,) the grievance process has 
been completed [24 CFR §966.4(e)(8)]. 
 
PHA Policy 
When applicable, families will be charged for excess utility usage according to the PHA’s 
current posted scheduled.  Notices of excess utility charges will be mailed monthly and 
will be in accordance with requirements regarding notices of adverse actions. Charges are 
due and payable 14 calendar days after billing. If the family requests a grievance hearing 
within the required timeframe, the PHA may not take action for nonpayment of the 
charges until the conclusion of the grievance process. 
 
Nonpayment of excess utility charges is a violation of the lease and is grounds for 
eviction. 
 
The PHA may grant requests for relief from surcharges from excess utility consumption 
of PHA-furnished utilities as a reasonable accommodation where the PHA deems and 
exception is appropriate to meet the needs of the elderly, ill, or disabled residents. In 
determining whether to grant this request, the PHA will consider special factors affecting 
the utility usage that are not within the control of the resident, such as the need for 
medical equipment. Residents may request relief in accordance with Section 2-II.C. of 
this ACOP. The PHA will process such requests in accordance with Section 2-II.E. of 
this ACOP. 
 
Notice of the availability of procedures for requesting relief (including the PHA 
representative with whom initial contact may be made by the resident) and the PHA’s 
criteria for granting requests, will be included in each notice to residents of changes in 
utility allowances or surcharges as well as to new residents as part of the lease 
orientation. 
Maintenance and Damage Charges 
If the PHA charges the tenant for maintenance and repair beyond normal wear and tear, the lease 
must state the basis for the determination of such charges [24 CFR §966.4(b)(2)]. 
Schedules of special charges for services and repairs which are required to be incorporated in the 
lease by reference must be publicly posted in a conspicuous manner in the development office 
and must be furnished to applicants and tenants on request [24 CFR §966.5]. 
The lease must provide that charges for maintenance and repair beyond normal wear and tear are 
not due and collectible until two weeks after the PHA gives written notice of the charges. The 
written notice is considered an adverse action, and must meet the requirements governing a 
notice of adverse action [24 CFR §966.4(b)(4)].

8-9 
The notice of proposed adverse action must identify the specific grounds for the action and 
inform the family of their right for a hearing under the PHA grievance procedures. The PHA 
must not take the proposed action until the time for the tenant to request a grievance hearing has 
expired, or (if a hearing was requested within the required timeframe,) the grievance process has 
been completed [24 CFR §966.4(e)(8)]. 
 
PHA Policy 
When applicable, families will be charged for maintenance and/or damages according to 
the PHA’s current schedule. Work that is not covered in the schedule will be charged 
based on the actual cost of labor and materials to make needed repairs (including 
overtime, if applicable). 
 
Notices of maintenance and damage charges will be mailed monthly and will be in 
accordance with requirements regarding notices of adverse actions. Charges are due and 
payable 14 calendar days after billing. If the family requests a grievance hearing within 
the required timeframe, the PHA may not take action for nonpayment of the charges until 
the conclusion of the grievance process. 
 
Nonpayment of maintenance and damage charges is a violation of the lease and is 
grounds for eviction. 
8-I.G. MINIMUM HEATING STANDARDS (PIH NOTICE 2018-19) 
PHAs in states, territories, or localities with existing minimum heating standards must use their 
respective local standards for public housing dwelling units. For PHAs where state or local 
minimum heating standards do not exist, PHAs must use the HUD-prescribed heating standards 
specified in Notice PIH 2018-19. 
Notice PIH 2018-19 provides guidance on the minimum heating requirements in public housing 
required by the “Housing Opportunity Through Modernization Act of 2016” (HOTMA). PHAs 
operating in states or localities that do not have minimum heating standards must use the 
standards described in the Notice. 
PHA Policy 
The PHA is located in an area where state or local residential heating standards exist and 
will utilize those standards for public housing units. Therefore, the PHA’s minimum 
heating standards are as follows: 
− Minimum temperature: 
− Heating: 
• If the PHA controls the temperature, the minimum heating temperature in 
each unit must be at least 68 degrees Fahrenheit.  
• If the resident controls the temperature, the heating equipment must have 
the capability of heating to at least 68 degrees Fahrenheit.

8-10 
• At no point should indoor temperatures in occupied space drop below 55 
degrees Fahrenheit. 
− Cooling: 
• If the PHA controls the temperature, the minimum cooling temperature in 
each unit must be at least 82 degrees Fahrenheit.  
• If the resident controls the temperature, the heating equipment must have 
the capability of heating to at least 82 degrees Fahrenheit. 
− Minimum temperature capability: 
[If PHAs are allowed flexibility maintaining the indoor temperature when the 
outdoor temperature approaches the design day temperature, insert criteria for 
when flexibility applies and the minimum temperature threshold that the indoor 
temperature should never fall below. Note, the design day temperature refers to 
the lowest expected outdoor temperature a heating system was designed to 
accommodate. 
This flexibility applies when at least one of the below criteria are met:  
− The outside temperature reaches or drops below the design day 
temperature, or  
− The outside temperature is within five degrees Fahrenheit of the design 
day temperature for more than two continuous day. 
− Measurement: 
Temperature measurements must be taken according to the following 
methodology: [insert methodology for taking temperature measurements]. 
− Temperature measurements must be taken three feet above the floor in 
the center of the room. 
PHA Policy 
COCHRD will not use the design day temperature for heating and cooling standards.

8-11 
PART II: INSPECTIONS 
8-II.A. OVERVIEW 
HUD regulations require the PHA to inspect each dwelling unit prior to move-in, at move-out, 
and annually during occupancy. In addition, the PHA may require additional inspections, in 
accordance with PHA Policy. This part contains the PHA’s policies governing inspections, 
notification of unit entry, and inspection results. 
8-II.B. TYPES OF INSPECTIONS 
Move-In Inspections [24 CFR §966.4(i)] 
The lease must require the PHA and the family to inspect the dwelling unit prior to occupancy in 
order to determine the condition of the unit and equipment in the unit. A copy of the initial 
inspection, signed by the PHA and the tenant, must be provided to the tenant and retained in the 
resident file. 
PHA Policy 
Any adult family member may attend the initial inspection and sign the inspection form 
for the head of household. 
Move-Out Inspections [24 CFR §966.4(i)] 
The PHA must inspect the unit at the time the resident vacates the unit and must allow the 
resident to participate in the inspection if he or she wishes, unless the tenant vacates without 
notice to the PHA. The PHA must provide to the tenant a statement of any charges to be made 
for maintenance and damage beyond normal wear and tear. 
The difference between the condition of the unit at move-in and move-out establishes the basis 
for any charges against the security deposit so long as the work needed exceeds that for normal 
wear and tear. 
PHA Policy 
When applicable, the PHA will provide the tenant with a statement of charges to be made 
for maintenance and damage beyond normal wear and tear, within 10 business days of 
conducting the move-out inspection. 
Annual Inspections [24 CFR §5.705] 
Section 6(f)(3) of the United States Housing Act of 1937 requires that PHAs inspect each public 
housing project annually to ensure that the project’s units are maintained in decent, safe, and 
sanitary condition. The PHA shall continue using the Uniform Physical Condition Standards 
(UPCS) in 24 CFR §5, Subpart G, Physical Condition Standards and Inspection Requirements, to 
conduct annual project inspections. These standards address the inspection of the site area, 
building systems and components, and dwelling units.

8-12 
PHA Policy 
The PHA will inspect all occupied units annually using HUD’s Uniform Physical 
Condition Standards (UPCS). 
Quality Control Inspections 
The purpose of quality control inspections is to assure that all defects were identified in the 
original inspection, and that repairs were completed at an acceptable level of craftsmanship and 
within an acceptable time frame. 
PHA Policy 
The Maintenance Supervisor will conduct quality control inspections in accordance with 
the PHA’s maintenance plan. 
Special Inspections 
PHA Policy 
PHA staff may conduct a special inspection for any of the following reasons: 
• Housekeeping\ 
• Unit condition 
• Suspected lease violation 
• Preventive maintenance 
• Routine maintenance 
• There is reasonable cause to believe an emergency exits 
Other Inspections 
PHA Policy 
Building exteriors, grounds, common areas and systems will be inspected according to 
the PHA’s maintenance plan. 
8-II.C. NOTICE AND SCHEDULING OF INSPECTIONS 
Notice of Entry 
Non-emergency Entries [24 CFR §966.4(j)(1)] 
The PHA may enter the unit, with reasonable advance notification to perform routine inspections 
and maintenance, make improvements and repairs, or to show the unit for re-leasing. A written 
statement specifying the purpose of the PHA entry delivered to the dwelling unit at least two 
days before such entry is considered reasonable advance notification.

8-13 
PHA Policy 
A “routine inspection” includes, without limitation, an annual inspection of the dwelling 
unit, monthly pest control treatment and any required follow up inspection necessary to 
assure compliance with the Housekeeping Standards and House Rules. 
 
The PHA will notify the resident in writing at least two (2) days prior to any non-
emergency inspection. 
 
Entry for repairs requested by the family will not require prior notice. Resident-requested 
repairs presume permission for the PHA to enter the unit. 
Emergency Entries [24 CFR §966.4(j)(2)] 
The PHA may enter the dwelling unit at any time without advance notice when there is 
reasonable cause to believe that an emergency exists. If no adult household member is present at 
the time of an emergency entry, the PHA must leave a written statement showing the date, time 
and purpose of the entry prior to leaving the dwelling unit. 
Scheduling of Inspections 
PHA Policy 
Inspections will be conducted during business hours between 7:00 a.m. and 5:00 p.m. If a 
family needs to reschedule an inspection, they must notify the PHA at least 24 hours prior 
to the scheduled inspection. The PHA will reschedule the inspection no more than once 
unless the resident has a verifiable good cause to delay the inspection. The PHA may 
request verification of such cause. 
Attendance at Inspections 
Residents are required to be present for move-in inspections [24 CFR §966.4(i)]. There is no 
such requirement for other types of inspections. 
PHA Policy 
Except at move-in inspections, the resident is not required to be present for the 
inspection. The resident may attend the inspection if he or she wishes. If no one is at 
home, the inspector will enter the unit, conduct the inspection and leave a copy of the 
inspection report in the unit. 
8-II.D. INSPECTION RESULTS 
The PHA is obligated to maintain dwelling units and the project in decent, safe and sanitary 
condition and to make necessary repairs to dwelling units [24 CFR §966.4(e)].

8-14 
Emergency Repairs [24 CFR §966.4(h)] 
If the unit is damaged to the extent that conditions are created which are hazardous to the life, 
health, or safety of the occupants, the tenant must immediately notify the PHA of the damage, 
and the PHA must make repairs within a reasonable time frame. 
If the damage was caused by a household member or guest, the PHA must charge the family for 
the reasonable cost of repairs. The PHA may also take lease enforcement action against the 
family. 
If the PHA cannot make repairs quickly, the PHA must offer the family standard alternative 
accommodations. If the PHA can neither repair the defect within a reasonable time frame nor 
offer alternative housing, rent shall be abated in proportion to the seriousness of the damage and 
loss in value as a dwelling. Rent shall not be abated if the damage was caused by a household 
member or guest, or if the resident rejects the alternative accommodations. 
PHA Policy 
When conditions in the unit are hazardous to life, health, or safety, the PHA will make 
repairs or otherwise abate the situation within 24 hours. 
 
Defects hazardous to life, health, or safety include, but are not limited to, the following: 
− Any condition that jeopardizes the security of the unit, major plumbing leaks or 
flooding, waterlogged ceiling or floor in imminent danger of falling 
− Natural or LP gas or fuel oil leaks 
− Any electrical problem or condition that could result in shock or fire 
− Absence of a working heating system when outside temperature is below 60 
degrees Fahrenheit 
− Absence of a working air conditioner when the outside temperature is 110 degrees 
or above.  Utilities not in service, including no running hot water 
− Conditions that present the imminent possibility of injury 
− Obstacles that prevent safe entrance or exit from the unit 
− Absence of a functioning toilet in the unit 
− Inoperable smoke detectors 
Non-emergency Repairs 
PHA Policy 
The PHA will correct non-life-threatening health and safety defects within 15 business 
days of the inspection date. If the PHA is unable to make repairs within that period due to 
circumstances beyond the PHA’s control (e.g. required parts or services are not available, 
weather conditions, etc.) the PHA will notify the family of an estimated date of 
completion. 
 
The family must allow the PHA access to the unit to make repairs.

8-15 
Resident-Caused Damages 
PHA Policy 
Damages to the unit beyond wear and tear will be billed to the tenant in accordance with 
the policies in 8-I.F., Maintenance and Damage Charges. 
 
Repeated or excessive damages to the unit beyond normal wear and tear will be 
considered a serious or repeated violation of the lease. 
 
Notices of lease termination will also be issued to residents who purposely disengage the 
unit’s smoke detector. 
 
Utilities that are the resident’s responsibility and are found not in service will be cause 
for a 5 five-day lease termination. 
Housekeeping 
PHA Policy 
If a PHA determination is made on objective facts supported by written statements 
received by an eye witness, that a resident whose housekeeping habits pose a non-
emergency health or safety risk, encourage insect or rodent infestation, or cause damage 
to the unit , the PHA may serve a written notice of lease violation(s) to the resident. 
 
The resident will have five (5) business days from the effective date of the notice to correct 
the violation(s) or make a written request for a meeting to discuss the violation(s). 
 
The resident’s failure to correct the violation(s), request a meeting, or appear at the 
requested meeting will result in the resident being served a written lease termination.

8-16 
EXHIBIT 8-1: Smoke-Free Policy 
The City of Chandler Housing and Redevelopment (COCHRD) and the United States 
Department of Housing and Urban Development (HUD) have become increasingly aware 
of the ill effects caused by secondhand smoke. These ill effects include, but are not limited 
to (1) health concerns raised by other residents who experience secondhand smoke filtering 
into adjoining apartments, with resulting increased potential for lung related illnesses and 
disorders; (2) additional costs for maintenance such as cleaning, painting, replacing blinds 
and cleaning air conditioning coils; (3) safety concerns resulting from smokers disconnecting 
the smoke alarms in their units. 
In response to these concerns and in order to provide a safe living environment for all Residents, 
on February 3, 2017, HUD issued a federal rule requiring all Public Housing Authorities 
implement a smoke-free policy. The COCHRD adopted the following Policy effective December 
31, 2017: 
− Smoking is not permitted anywhere on public housing grounds, to include living units, 
interior and exterior common areas, outdoor areas, and in or near public housing and 
administrative office buildings. 
− The term “prohibited tobacco products” is defined as items that involve the ignition and 
burning of tobacco leaves, such as: cigarettes, cigars, pipes and water pipes (also known 
as hookahs). 
− The term “electronic delivery device” means any product that can be used to deliver 
aerosolized or vaporized nicotine, lobelia, 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. 
− The term “interior common areas” include but are not limited to: hallways, rental and 
administrative offices, community rooms/centers, laundry rooms/centers and similar 
structures. 
− “Smoke” or “Smoking” means inhaling or exhaling smoke, aerosol, or vapor from any 
lighted or heated cigar, cigarette, pipe, electronic delivery device, or any other natural or 
synthetic tobacco or plant product.  “Smoke” or “Smoking” also includes burning or 
possessing any lighted or heated cigar, cigarette, pipe, electronic delivery device, or any 
other natural or synthetic tobacco or plant product intended for inhalation.   
− The premises to be occupied by Resident and members of Resident’s household have 
been designated as a smoke-free living environment. Resident, members of Resident’s 
household, and guests shall not smoke anywhere in the unit leased by Resident, 
interior common areas utilized by Residents and staff, and in or near the public housing 
buildings. 
− Residents are responsible for notifying their guests and invitees that the COCHRD has 
designed the property as a smoke-free property. Residents are responsible for ensuring

8-17 
that their guests and any and all visitors under their control fully comply with this 
policy. 
− Non-Smoking areas within the property include the following areas: 
− Smoking is not permitted anywhere on public housing grounds, to include living units, 
interior and exterior, common areas, outdoor areas, and in or near public housing, 
playgrounds and administrative office buildings. 
− Resident should promptly provide the COCHRD with a written statement of any incident 
where tobacco smoke is migrating into Resident’s unit from sources outside Resident’s 
unit. 
− The COCHRD has posted No Smoking signs at entrances and exits, common areas, 
hallways and in conspicuous places at Public Housing family sites. 
− The COCHRD will take reasonable steps to enforce this Smoke-Free Policy and to 
make the unit smoke-free. The COCHRD is not required to take steps in response to 
smoking unless the COCHRD knows of a violation of this Smoke-Free Policy or has been 
provided with written notice of any violation of this Policy. 
− A material breach of this Policy shall be a material breach of the resident’s lease 
agreement and the Rules and Regulations and grounds for termination of tenancy 
through a graduated enforcement framework will include: 
• A lease amendment  identifying the actions that constitutes a policy violation and 
encourage residents to promptly provide a written statement of any incident where 
tobacco smoke is migrating into the resident’s unit from sources outside the 
resident’s unit. 
• If a determination is made on objective facts supported by written statements, that a 
tenant is in violation, the COCHRD may serve a written notice of lease violation(s) 
to the tenant to meet with the housing specialist to discuss the violation(s). 
Documentation of noncompliance, if there are repeated violations (more than two) 
or persistent non-responsiveness will constitute a violation of the lease. 
• Eviction proceedings as a last resort. 
As referenced in Section X of Resident’s lease and the Smoke-Free Policy Attachment 
restrictions. 
1) Resident acknowledges that the COCHRD’s adoption of a Smoke-Free living 
environment and its efforts to designate the unit as Smoke-Free do not make the 
COCHRD guarantor of Resident’s health or of the smoke-free condition of Resident 
unit or the common areas. Resident acknowledges that the COCHRD’S adoption of a 
smoke-free living environment and its efforts to designate the unit as smoke-free do not 
in any way change the standard of care that the COCHRD has to Resident’s household

8-18 
to render units designated as smoke-free any safer, more habitable, or improved in 
terms of air quality standards than any other rental premises. The COCHRD specifically 
disclaims any implied or express warranties that the Resident’s premises will have any 
higher or improved air quality standards than any other rental units. The COCHRD 
cannot and does not warranty or promise that the rental premises will be free from 
second hand smoke. 
2) Resident acknowledges that the COCHRD’S ability to police, monitor, or enforce the 
restrictions of this Policy is dependent in significant part on voluntary compliance by 
Resident and Resident’s guests and invitees. Residents with respiratory ailments, allergies, 
or any other physical or mental condition relating to smoke are put on notice that the 
COCHRD does not assume any higher duty of care to enforce this Policy than any other 
obligation imposed on them under the Lease or Rules and Regulations. 
3) To assist all residents with the Smoke-Free Policy transition and to accommodate 
resident interest in smoking cessation, the COCHRD is committed to providing resources 
for cessation education and outreach. 
Please refer to the Lease Addendum and/or your Section X of the Lease for information 
regarding the Smoke-Free Policy restrictions. 
By signing below, the resident acknowledges receipt of the Smoke-Free Policy. 
 
 
 
 
 
 
 
 
Resident 
Date 
Resident 
Date 
 
 
 
 
 
 
 
 
Resident 
Date 
Resident 
Date

9-1 
Chapter 9  
REEXAMINATIONS 
[24 CFR 960.257, 960.259, 966.4] 
INTRODUCTION 
The PHA is required to reexamine each family’s income and composition periodically, and to 
adjust the family’s rent accordingly. PHAs must adopt policies for conducting annual and interim 
reexaminations that are consistent with regulatory requirements and must conduct 
reexaminations in accordance with such policies [24 CFR 960.257(c)]. 
The frequency with which the PHA must reexamine the income and composition of a family 
depends on whether the family pays income-based or flat rent.  HUD requires the PHA to offer 
all families the choice of paying income-based rent or flat rent at least annually. The PHA’s 
policies for offering families a choice of rents are located in Chapter 6. 
This chapter discusses both annual and interim reexaminations. 
Part I: Annual Reexaminations for Families Paying Income Based Rents. This part 
discusses the requirements for annual reexamination of income and family composition. 
Full reexaminations are conducted at least once a year for families paying income-based 
rents. 
Part II: Reexaminations for Families Paying Flat Rents. This part contains the PHA’s 
policies for conducting full reexaminations of family income and composition for 
families paying flat rents. These full reexaminations are conducted at least once every 3 
years. This part also contains the PHA’s policies for conducting annual updates of family 
composition for flat rent families. 
Part III: Interim Reexaminations. This part includes HUD requirements and PHA 
policies related to when a family may and must report changes that occur between annual 
reexaminations. 
Part IV: Recalculating Tenant Rent. After gathering and verifying required 
information for an annual or interim reexamination, the PHA must recalculate the tenant 
rent. While the basic policies that govern these calculations are provided in Chapter 6, 
this part describes the policies that affect these calculations during a reexamination. 
Policies governing reasonable accommodation, family privacy, required family cooperation and 
program abuse, as described elsewhere in this ACOP, apply to annual and interim 
reexaminations.

9-2 
PART I: ANNUAL REEXAMINATIONS FOR FAMILIES  
PAYING INCOME BASED RENTS; [24 CFR §960.257] 
9-I.A. OVERVIEW 
For those families who choose to pay income-based rent, the PHA must conduct a reexamination 
of income and family composition at least annually [24 CFR §960.257(a)(1)].  For families who 
choose flat rents, the PHA must conduct a reexamination of family composition at least annually, 
and must conduct a reexamination of family income at least once every 3 years [24 CFR 
§960.257(a)(2)].  Policies related to the reexamination process for families paying flat rent are 
located in Part II of this chapter. 
For all residents of public housing, whether those residents are paying income-based or flat rents, 
the PHA must conduct an annual review of community service requirement compliance. This 
annual reexamination is also a good time to have residents sign consent forms for criminal 
background checks in case the criminal history of a resident is needed at some point for the 
purposes of lease enforcement or eviction. 
The PHA is required to obtain all of the information necessary to conduct reexaminations. How 
that information will be collected is left to the discretion of the PHA.  Families are required to 
provide current and accurate information on income, assets, allowances and deductions, family 
composition and community service compliance as part of the reexamination process [24 CFR 
§960.259]. 
This part contains the PHA’s policies for conducting annual reexaminations. 
9-I.B. STREAMLINED ANNUAL REEXAMINATIONS (FIXED INCOME) [24 CFR 
§960.257] 
HUD permits PHAs to streamline the income determination process for family members with 
fixed sources of income. While third-party verification of all income sources must be obtained 
during the intake process and every three years thereafter, in the intervening years the PHA may 
determine income from fixed sources by applying a verified cost of living adjustment (COLA) or 
rate of interest. The PHA may, however, obtain third-party verification of all income, regardless 
of the source. Further, upon request of the family, the PHA must perform third-party verification 
of all income sources. 
Fixed sources of income include Social Security and SSI benefits, pensions, annuities, disability 
or death benefits, and other sources of income subject to a COLA or rate of interest. The 
determination of fixed income may be streamlined even if the family also receives income from 
other non-fixed sources. 
Two streamlining options are available, depending upon the percentage of the family’s income 
that is received from fixed sources. If at least 90 percent of the family’s income is from fixed 
sources, the PHA may streamline the verification of fixed income but is not required to verify 
non-fixed income amounts. If the family receives less than 90 percent of its income from fixed

9-3 
sources, the PHA may streamline the verification of fixed income and must verify non-fixed 
income annually. 
PHA Policy 
The PHA will streamline the annual reexamination process by applying the verified 
COLA or interest rate to fixed-income sources. The PHA will document in the file how 
the determination that a source of income was fixed was made. 
 
If a family member with a fixed source of income is added, the PHA will use third-party 
verification of all income amounts for that family member. 
 
If verification of the COLA or rate of interest is not available, the PHA will obtain third-
party verification of income amounts. 
 
Third-party verification of fixed sources of income will be obtained during the intake 
process and at least once every three years thereafter. 
 
Third-party verification of non-fixed income will be obtained annually regardless of the 
percentage of family income received from fixed sources. 
9-I.C. SCHEDULING ANNUAL REEXAMINATIONS [PIH 2020-32] 
The PHA must establish a policy to ensure that the annual reexamination for each family paying 
an income-based rent is completed within a 12 month period [24 CFR §960.257(a)(1)]. 
PHA Policy 
Generally, the PHA will schedule annual reexaminations to coincide with the family's 
anniversary date. The PHA will begin the annual reexamination process approximately 
120 days in advance of the scheduled effective date. 
 
Anniversary date is defined as 12 months from the effective date of the family’s last 
annual reexamination or, during a family’s first year in the program, from the effective 
date of the family’s initial examination (admission). 
 
If the family transfers to a new unit, the PHA will perform a new annual reexamination, 
and the anniversary date will be changed. 
 
The PHA may also schedule an annual reexamination for completion prior to the 
anniversary date for administrative purposes. 
The PHA is required to obtain information needed to conduct annual reexaminations. How that 
information will be collected is left to the discretion of the PHA. However, PHAs should give 
tenants who were not provided the opportunity to provide contact information at the time of 
admission the option to complete Form HUD-92006 at this time.  The PHA should provide the 
family with the opportunity to update, change, or remove information from the HUD-92006 at 
the time of the annual reexamination [Notice PIH 2009-36].

9-4 
PHA Policy 
Families generally are required to participate in an annual reexamination interview, 
which must be attended by the head of household, spouse, or cohead. If participation in 
an in-person interview poses a hardship because of a family member’s disability, the 
family should contact the PHA to request a reasonable accommodation. 
 
The PHA has the sole discretion to hold the annual reexamination via an online process, 
or an in-person interview.  Notification of annual reexamination interviews will be sent 
by first-class mail and will contain method of the reexamination. If in-person, the notice 
will include the date, time, and location of the interview. In addition, it will inform the 
family of the information and documentation that must be brought to the interview. 
 
If the family is unable to attend a scheduled interview, the family should contact the PHA 
in advance of the interview to schedule a new appointment. In all circumstances, if a 
family does not attend the scheduled interview the PHA will send a second notification 
with a new interview appointment time. 
 
If a family fails to attend two scheduled interviews without PHA approval, the family 
will be in violation of their lease and may be terminated in accordance with the policies 
in Chapter 13. 
 
An advocate, interpreter, or other assistant may assist the family in the interview process. 
9-I.D. CONDUCTING ANNUAL REEXAMINATIONS [PIH 2020-32] 
The terms of the public housing lease require the family to furnish information regarding income 
and family composition as may be necessary for the redetermination of rent, eligibility, and the 
appropriateness of the housing unit [24 CFR §966.4(c)(2)]. 
PHA Policy 
The PHA has the sole discretion to require that documentation for annual reexaminations 
are sent to the PHA via the housing authority’s online process. 
 
Families will be asked to provide all required information (as described in the 
reexamination notice) through the tenant’s online account.  The PHA may also opt to 
complete the reexamination appointment in person. 
 
The required information will include a PHA-designated reexamination form, an 
Authorization for the Release of Information/Privacy Act Notice, as well as supporting 
documents or forms related to the family’s income, expenses, and family composition. 
 
Any required documents or information that the family is unable to provide for the annual 
reexamination process must be provided within 10 business days of the request. If the 
family is unable to obtain the information or materials within the required time frame, the 
family may request an extension.

9-5 
If the family does not provide the required documents or information within the required 
time period (plus any extensions), the family will be in violation of their lease and may 
be terminated in accordance with the policies in Chapter 13. 
 
Families who have extenuating circumstances or are elderly will be permitted to complete 
their reexamination by mail or by using their online account process. A request for an 
exception must be submitted in writing and will be reviewed and approved by 
management on a case-by-case basis. 
The information provided by the family generally must be verified in accordance with the 
policies in Chapter 7. Unless the family reports a change, or the agency has reason to believe a 
change has occurred in information previously reported by the family, certain types of 
information that are verified at admission typically do not need to be re-verified on an annual 
basis. These include: 
• Legal Identity 
• Age 
• Social security numbers 
• A person’s disability status 
• Citizenship or immigration status 
Change in Unit Size 
Changes in family or household composition may make it appropriate to consider transferring 
the family to comply with occupancy standards. The PHA may use the results of the annual 
reexamination to require the family to move to an appropriate size unit [24 CFR §960.257(a)(4)].  
Policies related to such transfers are located in Chapter 12. 
Criminal Background Checks [PIH Notice 2012-28] 
Information obtained through criminal background checks may be used for lease enforcement 
and eviction [24 CFR §5.903(e)(1)(ii)]. Criminal background checks of residents will be 
conducted in accordance with the policy in Section 13-IV.B. 
PHA Policy 
Each household member age 18 and over will be required to execute a consent form for a 
criminal background check as part of the annual reexamination process. 
Additionally, HUD recommends that at annual reexaminations PHAs ask whether the tenant, or 
any member of the tenant’s household, is subject to a lifetime sex offender registration 
requirement in any state [Notice PIH 2012-28]. 
PHA Policy 
At the annual reexamination, the PHA will ask whether the tenant, or any member of the 
tenant’s household, is subject to a lifetime sex offender registration requirement in any 
state. The PHA will perform criminal background checks through local law enforcement

9-6 
or use the Dru Sjodin National Sex Offender database to verify the information provided 
by the tenant. 
If the PHA proposes to terminate assistance based on lifetime sex offender registration 
information, the PHA must notify the household of the proposed action and must provide the 
subject of the record and the tenant a copy of the record and an opportunity to dispute the 
accuracy and relevance of the information prior to termination. [24 CFR §5.903(f) and 
§5.905(d)]. (See Chapter 13.) 
Compliance with Community Service 
For families who include nonexempt individuals, the PHA must determine compliance with 
community service requirements once each 12 months [24 CFR §960.257(a)(3)]. 
See Chapter 11 for the PHA’s policies governing compliance with the community service 
requirement. 
9-I.E. EFFECTIVE DATES OF RENT INCREASES AND DECREASES 
As part of the annual reexamination process, the PHA must make appropriate adjustments in the 
rent after consultation with the family and upon verification of the information [24 CFR 
§960.257(a)(1)]. 
PHA Policy 
In general, an increase in the tenant rent that results from an annual reexamination will 
take effect on the family’s anniversary date, and the family will be notified at least 30 
days in advance. 
− If less than 30 days remain before the scheduled effective date, the increase will 
take effect on the first of the month following the end of the 30-day notice period. 
− If the PHA chooses to schedule an annual reexamination for completion prior to 
the family’s anniversary date for administrative purposes, the effective date will 
be determined by the PHA, but will always allow for the 30-day notice period. 
− If the family causes a delay in processing the annual reexamination, increases in 
the tenant rent will be applied retroactively, to the scheduled effective date of the 
annual reexamination. The family will be responsible for any underpaid rent and 
may be offered a repayment agreement in accordance with the policies in Chapter 
16. 
In general, a decrease in the tenant rent that results from an annual reexamination will 
take effect on the family’s anniversary date: 
− If the PHA chooses to schedule an annual reexamination for completion prior to 
the family’s anniversary date for administrative purposes, the effective date will 
be determined by the PHA.

9-7 
− If the family causes a delay in processing the annual reexamination, decreases in 
the tenant rent will be applied prospectively, from the first day of the month 
following completion of the reexamination processing. 
Delays in reexamination processing are considered to be caused by the family if the 
family fails to provide information requested by the PHA by the date specified, and this 
delay prevents the PHA from completing the reexamination as scheduled.

9-8 
PART II: REEXAMINATIONS FOR FAMILIES PAYING FLAT RENTS 
[24 CFR §960.257(2)] 
9-II.A. OVERVIEW 
HUD requires that the PHA offer all families the choice of paying income-based rent or flat rent 
at least annually. The PHA’s policies for offering families a choice of rents are located in 
Chapter 6. 
For families who choose flat rents, the PHA must conduct a reexamination of family 
composition at least annually, and must conduct a reexamination of family income at least once 
every 3 years [24 CFR §960.257(a)(2)].  The PHA is only required to provide the amount of 
income-based rent the family might pay in those years that the PHA conducts a full 
reexamination of income and family composition, or upon request of the family after the family 
submits updated income information [24 CFR §960.253(e)(2)]. 
As it does for families that pay income-based rent, the PHA must also review compliance with 
the community service requirement for families with nonexempt individuals. 
This part contains the PHA’s policies for conducting reexaminations of families who choose to 
pay flat rents. 
9-II.B. FULL REEXAMINATION OF FAMILY INCOME AND COMPOSITION 
Frequency of Reexamination 
PHA Policy 
For families paying flat rents, the PHA will conduct a full reexamination of family 
income and composition  year 3  
Reexamination Policies 
PHA Policy 
In conducting full reexaminations for families paying flat rents, the PHA will follow the 
policies used for the annual reexamination of families paying income-based rent as set 
forth in Sections 9-I.B through 9-I.D above. 
9-II.C. REEXAMINATION OF FAMILY COMPOSITION (“ANNUAL UPDATE”) 
As noted above, full reexaminations are conducted every 3 years for families paying flat rents. In 
the years between full reexaminations, regulations require the PHA to conduct a reexamination 
of family composition (“annual update”) [24 CFR §960.257(a)(2)]. 
The annual update process is similar to the annual reexamination process, except that the PHA 
does not collect information about the family’s income and expenses, and the family’s rent is not 
recalculated following an annual update.

9-9 
Scheduling 
The PHA must establish a policy to ensure that the reexamination of family composition for 
families choosing to pay the flat rent is completed at least annually [24 CFR §960.257(a)(2)]. 
PHA Policy 
For families paying flat rents, annual updates will be conducted in each of the 2 years 
following the full reexamination. 
 
In scheduling the annual update, the PHA will follow the policy used for scheduling the 
annual reexamination of families paying income-based rent as set forth in Section 9-I.B. 
above. 
Conducting Annual Updates 
The terms of the public housing lease require the family to furnish information necessary for the 
redetermination of rent and family composition [24 CFR §966.4(c)(2)]. 
PHA Policy 
Generally, the family will not be required to attend an interview for an annual update. 
 
However, if the PHA determines that an interview is warranted, the family may be 
required to attend. 
 
Notification of the annual update will be sent by first-class mail and will inform the 
family of the information and documentation that must be provided to the PHA. The 
family will have 10 business days to submit the required information to the PHA. If the 
family is unable to obtain the information or documents within the required time frame, 
the family may request an extension. The PHA will accept required documentation by 
mail, by fax, or in person. 
 
If the family’s submission is incomplete, or the family does not submit the information in 
the required time frame, the PHA will send a second written notice to the family. The 
family will have 10 business days from the date of the second notice to provide the 
missing information or documentation to the PHA. 
 
If the family does not provide the required documents or information within the required 
time frame (plus any extensions), the family will be in violation of their lease and may be 
terminated in accordance with the policies in Chapter 13. 
Change in Unit Size 
Changes in family or household composition may make it appropriate to consider transferring 
the family to comply with occupancy standards. The PHA may use the results of the annual 
update to require the family to move to an appropriate size unit [24 CFR 960.257(a)(4)].  Policies 
related to such transfers are located in Chapter 12.

9-10 
Criminal Background Checks [PIH Notice 2012-28] 
HUD authorizes PHAs to perform criminal background checks during the annual 
recertification/reexamination to determine if a member of a participant’s household is subject to 
a lifetime registration requirement under any State sex offender registration program. 
Additionally, PHAs must ask whether the tenant, or any member of the tenant’s household, is 
subject to a lifetime registered sex offender registration requirement in any state [Notice PIH 
2012-28]. The PHA may not pass along to the applicant the costs of a criminal records check [24 
CFR §960.204(d)]. 
Information obtained through criminal background checks may be used for lease enforcement 
and eviction [24 CFR 5.903(e)].  Criminal background checks of residents will be conducted in 
accordance with the policy in Section 13-IV.B. 
PHA Policy 
Each household member age 18 and over will be required to execute a consent form for 
criminal background check as part of the annual update process. 
 
The PHA will perform criminal background checks through local law enforcement or use 
the Dru Sjodin National Sex Offender database for all adult household members. 
 
If the recertification screening reveals that the tenant has falsified information or 
otherwise failed to disclose criminal history on his/her full application and/or 
recertification forms, the PHA will pursue termination of assistance, as described in 
Chapter 13, Mandatory Termination of Assistance. 
Compliance with Community Service 
For families who include nonexempt individuals, the PHA must determine compliance with 
community service requirements once each 12 months [24 CFR §960.257(a)(3)]. 
See Chapter 11 for the PHA’s policies governing compliance with the community service 
requirement.

9-11 
PART III: INTERIM REEXAMINATIONS 
[24 CFR §960.257; 24 CFR §966.4] 
9-III.A. OVERVIEW 
Family circumstances may change during the period between annual reexaminations. HUD and 
PHA policies define the types of information about changes in family circumstances that must be 
reported, and under what circumstances the PHA must process interim reexaminations to reflect 
those changes. HUD regulations also permit the PHA to conduct interim reexaminations of 
income or family composition at any time. 
In addition to specifying what information the family must report, HUD regulations permit the 
family to request an interim determination if other aspects of the family’s income or composition 
change. The PHA must complete the interim reexamination within a reasonable time after the 
family’s request. 
This part includes HUD and PHA policies that describe the changes families are required to 
report, the changes families may choose to report, and how the PHA will process both PHA- and 
family-initiated interim reexaminations. 
9-III.B. CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION 
The PHA must adopt policies prescribing when and under what conditions the family must report 
changes in family composition. However, due to provisions of the public housing lease, the PHA 
has limited discretion in this area. 
Changes in family or household composition may make it appropriate to consider transferring 
the family to comply with occupancy standards. Policies related to such transfers are located in 
Chapter 12. 
PHA Policy 
All families must notify the PHA of the any change within 10 business days of its 
occurrence (e.g., If the resident or any member of the family is employed, the start date of 
employment would start the count of 10 business days).  
 
The changes must be submitted in writing either through the applicant’s online account or 
on a Change Report form.   
 
If using a Change Report form, the applicant copy of the form must be time and date 
stamped by the City of Chandler Housing office to be considered valid.  
 
The copy of the form will be provided to the participant. 
 
The PHA will conduct interim reexaminations to account for any changes in household 
composition or income changes that occur between annual reexaminations.

9-12 
New Family Members Not Requiring Approval 
The addition of a family member as a result of birth, adoption, or court-awarded custody does 
not require PHA approval. However, the family is required to promptly notify the PHA of the 
addition [24 CFR §966.4(a)(1)(v)]. 
PHA Policy 
The family must inform the PHA in writing of the birth, adoption, or court-awarded 
custody of a child within 10 business days. 
New Family and Household Members Requiring Approval  [24 CFR §966.4] 
With the exception of children who join the family as a result of birth, adoption, or court-
awarded custody, a family must request PHA approval to add a new family member [24 CFR 
§966.4(a)(1)(v)] or other household member (live-in aide or foster child)  [24 CFR §966.4(d)(3)]. 
The PHA may adopt reasonable policies concerning residence by a foster child or a live-in aide, 
and defining the circumstances in which PHA consent will be given or denied. Under such 
policies, the factors considered by the PHA may include [24 CFR §966.4(d)(3)(i)]: 
• Whether the addition of a new occupant may necessitate a transfer of the family to 
another unit, and whether such units are available. 
• The PHA’s obligation to make reasonable accommodation for persons with disabilities. 
PHA Policy 
Families must request PHA approval to add a new family member, live-in aide, foster 
child, or foster adult. This includes any person not on the lease who is expected to stay in 
the unit for more than 14 days during any 12-month period, and therefore no longer 
qualifies as a “guest.” Requests must be made in writing and approved by the PHA prior 
to the individual moving into the unit. 
 
The PHA will not approve the addition of a separate family to be added to the household 
unless the separate family is the live-in aide’s family. Only one bedroom will be granted 
for a live-in aide and their family. All members of the live-in aide’s family must meet 
eligibility requirements. A live-in aide must be requested through the reasonable 
accommodation process if a disable household member needs the accommodation due to 
medical reasons. 
 
The PHA will approve the addition of a biological minor when a current household 
member has physical custody of the minor, the adoption or court-awarded custody of a 
minor, or a minor who has been placed temporarily in the household and a current 
household member has physical custody of the minor. 
 
The PHA will approve the addition of a significant other or spouse as long as the adult 
meets the eligibility requirements. Other additions to the household will be reviewed on a 
case-by-case basis to take into consideration adult relatives returning to the household

9-13 
who need care provided by a household members; relatives who have never lived in the 
household, but now a household member is responsible for the care of the relative; or in 
situations where an adult biological or adopted child of a household member needs to live 
in the household for safety reasons or to attend school. All household additions must 
meet eligibility requirements. 
 
The PHA will not approve the addition of a new family or household member unless the 
individual meets the PHA’s eligibility criteria (see Chapter 3) and documentation 
requirements (See Chapter 7, Part II). 
 
If the PHA determines that an individual does not meet the PHA’s eligibility criteria or 
documentation requirements, the PHA will notify the family in writing of its decision to 
deny approval of the new family or household member and the reasons for the denial. 
 
The PHA will make its determination within 10 business days of receiving all 
information required to verify the individual’s eligibility. 
 
The family will not receive approval to add a separate family (two or more persons) to 
the household. 
Departure of a Family or Household Member 
PHA Policy 
If a family member ceases to reside in the unit, the family must inform the PHA in 
writing within 10 business days of its occurrence and provide the new residential address 
of the family member who is being removed. This requirement also applies to family 
members who had been considered temporarily absent, who are now permanently absent. 
 
If a live-in aide, foster child, or foster adult ceases to reside in the unit, the family must 
inform the PHA within 10 business days. 
9-III.C. CHANGES AFFECTING INCOME OR EXPENSES 
Interim reexaminations can be scheduled either because the PHA has reason to believe that 
changes in income or expenses may have occurred, or because the family reports a change. 
When a family reports a change, the PHA may take different actions depending on whether the 
family reported the change voluntarily, or because it was required to do so. 
PHA Policy 
This section only applies to families paying income-based rent. Families paying flat rent 
are not required to report changes in income or expenses. 
PHA-initiated Interim Reexaminations 
PHA-initiated interim reexaminations are those that are scheduled based on circumstances or 
criteria defined by the PHA. They are not scheduled because of changes reported by the family.

9-14 
PHA Policy 
The PHA will conduct interim reexaminations in each of the following instances: 
− For families receiving the Earned Income Disallowance (EID), the PHA will 
conduct an interim reexamination at the start, to adjust the exclusion with any 
changes in income, and at the conclusion of the 24-month eligibility period. 
− If the family has reported zero income, the PHA will conduct an interim 
reexamination every month as long as the family continues to report that they 
have no income. The family will provide a notarized affirmation of zero income, 
complete a zero income budgeting worksheet and questionnaire.  A review of the 
checking and saving bank statements will be conducted to observe the cost 
expenditures and deposits.   
− If at the time of the annual reexamination, it is not feasible to anticipate a level of 
income for the next 12 months (e.g. seasonal or cyclic income), the PHA will 
schedule an interim reexamination to coincide with the end of the period for 
which it is feasible to project income. 
− If at the time of the annual reexamination, tenant declarations were used on a 
provisional basis due to the lack of third-party verification, and third-party 
verification becomes available, the PHA will conduct an interim reexamination. 
− The PHA may conduct an interim reexamination at any time in order to correct an 
error in a previous reexamination, or to investigate a tenant fraud complaint. 
Family-Initiated Interim Reexaminations 
The PHA must adopt policies prescribing when and under what conditions the family must report 
changes in family income or expenses [24 CFR §960.257(c)]. In addition, HUD regulations 
require that the family be permitted to obtain an interim reexamination any time the family has 
experienced a change in circumstances since the last determination [24 CFR §960.257(b)]. 
Required Reporting 
HUD regulations give the PHA the discretion to determine the circumstances under which 
families will be required to report changes affecting income. 
PHA Policy 
Families are required to report all increases in earned and unearned income, including 
new employment within 10 business days of its occurrence. The changes must be 
submitted in writing by using our ‘Change Report Form’.  The copy of the form must be 
time and date stamped by the City of Chandler Housing office to be considered valid. The 
copy of the form will be provided to the participant. 
 
To encourage economic self-sufficiency and independence from federal assistance the 
following income will be excluded from an interim change and processed only at the 
annual reexamination:

9-15 
• Increases in Social Security benefits; 
The interim reexamination will be processed for Family Self Sufficiency (FSS) participants who 
report an increase in earned income.   
Optional Reporting 
The family may request an interim reexamination any time the family has experienced a change 
in circumstances since the last determination [24 CFR §960.257(b)]. The PHA must process the 
request if the family reports a change that will result in a reduced family income [PH Occ GB, p. 
159]. 
If a family reports a decrease in income from the loss of welfare benefits due to fraud or non-
compliance with a welfare agency requirement to participate in an economic self-sufficiency 
program, the family’s share of the rent will not be reduced [24 CFR §5.615]. For more 
information regarding the requirement to impute welfare income see Chapter 6. 
PHA Policy 
If a family reports a change that it was not required to report and that would result in an 
increase in the tenant rent, the PHA will note the information in the tenant file, but will 
not conduct an interim reexamination. 
 
Families may report changes in income or expenses at any time. 
9-III.D. PROCESSING THE INTERIM REEXAMINATION 
Method of Reporting 
PHA Policy 
The family may notify the PHA of changes either orally or in writing. If the family 
provides oral notice, the PHA may also require the family to submit the changes in 
writing. 
 
Generally, the family will not be required to attend an interview for an interim 
reexamination. However, if the PHA determines that an interview is warranted, the 
family may be required to attend. 
 
Based on the type of change reported, the PHA will determine the documentation the 
family will be required to submit. The family must submit any required information or 
documents within 10 business days of receiving a request from the PHA. This time frame 
may be extended for good cause with PHA approval. The PHA will accept required 
documentation by mail, by fax, or in person.

9-16 
Effective Dates 
The PHA must make the interim reexamination within a reasonable time after the family request 
[24 CFR §960.257(b)]. 
PHA Policy 
If the tenant rent is to increase: 
− The increase generally will be effective on the first of the month following 30 
days’ notice to the family. 
− If a family fails to report a change within the required time frames, or fails to 
provide all required information within the required time frames, the increase will 
be applied retroactively, to the date it would have been effective had the 
information been provided on a timely basis. The family will be responsible for 
any underpaid rent and may be offered a repayment agreement in accordance with 
the policies in Chapter 16. 
If the tenant rent is to decrease: 
− The decrease will be effective on the first day of the month following the month 
in which the change was reported and all required documentation was submitted; 
however, all required documentation must be received by the 20th calendar day of 
the month to allow adequate time for processing. 
− In cases where the change cannot be verified until after the date the change would 
have become effective, the change will be made retroactively.

9-17 
PART IV: RECALCULATING TENANT RENT 
9-IV.A. OVERVIEW 
For those families paying income-based rent, the PHA must recalculate the rent amount based on 
the income information received during the reexamination process and notify the family of the 
changes [24 CFR §966.4, §960.257]. While the basic policies that govern these calculations are 
provided in Chapter 6, this part lays out policies that affect these calculations during a 
reexamination. 
9-IV.B. CHANGES IN UTILITY ALLOWANCES [24 CFR §965.507, 24 CFR §966.4] 
The tenant rent calculations must reflect any changes in the PHA’s utility allowance schedule [24 
CFR §960.253(c)(3)]. Chapter 16 discusses how utility allowance schedules are established. 
PHA Policy 
Unless the PHA is required to revise utility allowances retroactively, revised utility 
allowances will be applied to a family’s rent calculations at the first annual reexamination 
after the allowance is adopted. 
9-IV.C. NOTIFICATION OF NEW TENANT RENT 
The public housing lease requires the PHA to give the tenant written notice stating any change in 
the amount of tenant rent, and when the change is effective [24 CFR §966.4(b)(1)(ii)]. 
When the PHA redetermines the amount of rent (Total Tenant Payment or Tenant Rent) payable 
by the tenant, not including determination of the PHA’s schedule of Utility Allowances for 
families in the PHA’s Public Housing Program, or determines that the tenant must transfer to 
another unit based on family composition, the PHA must notify the tenant that the tenant may 
ask for an explanation stating the specific grounds of the PHA determination, and that if the 
tenant does not agree with the determination, the tenant shall have the right to request a hearing 
under the PHA’s grievance procedure [24 CFR §966.4(c)(4)]. 
PHA Policy 
The notice to the family will include the annual and adjusted income amounts that were 
used to calculate the tenant rent. 
9-IV.D. DISCREPANCIES 
During an annual or interim reexamination, the PHA may discover that information previously 
reported by the family was in error, or that the family intentionally misrepresented information. 
In addition, the PHA may discover errors made by the PHA. When errors resulting in the 
overpayment or underpayment of rent are discovered, corrections will be made in accordance 
with the policies in Chapter 15.

10-1 
Chapter 10  
PETS 
[24 CFR §5, Subpart C; 24 CFR §960, Subpart G] 
INTRODUCTION 
This chapter explains the PHA's policies on the keeping of pets and describes any criteria or 
standards pertaining to the policies. The rules adopted are reasonably related to the legitimate 
interest of the PHA to provide a decent, safe and sanitary living environment for all tenants, and 
to protect and preserve the physical condition of the property, as well as the financial interest of 
the PHA. 
The chapter is organized as follows: 
Part I: Assistance Animals. This part explains the difference between service animals, 
assistance animals, including service and support animals, and pets and contains policies 
related to the designation of an assistance animal as well as their care and handling. 
Part II: Pet policies for all developments. This part includes pet policies that are 
common to both elderly/disabled developments and general occupancy developments. 
Part III: Pet deposits and fees for elderly/disabled developments. This part contains 
policies for pet deposits and fees that are applicable to elderly/disabled developments. 
Part IV: Pet deposits and fees for general occupancy developments. This part 
contains policies for pet deposits and fees that are applicable to general occupancy 
developments.

10-2 
PART I: ASSISTANCE ANIMALS 
[Section 504; Fair Housing Act (42 U.S.C.); 24 CFR §5.30324 CFR §960.705] 
[Notice FHEO 2020-01] 
10-I.A. OVERVIEW 
 
This part discusses situations under which permission for an  assistance animal, including service 
and support animals,  may be denied, and also establishes standards for the care of service and 
assistance animals. 
Notice FHEO 2020-01 was published January 28, 2020. The notice provides guidance to help 
PHAs and other housing providers distinguish between a person with a non-obvious disability 
who has a legitimate need for an assistance animal and a person without a disability who simply 
wants to have a pet or avoid the costs and limitations imposed by the PHA’s pet policies. FHEO 
2020-01 makes clear that the notice is guidance and a tool for PHAs and other housing providers 
to use at their discretion and provides a set of best practices for addressing requests for assistance 
animals. The guidance in FHEO 2020-01 should be read together with HUD’s regulations 
prohibiting discrimination under the Fair Housing Act (FHA) and the HUD/Department of 
Justice (DOJ) Joint Statement on Reasonable Accommodation under the Fair Housing Act. 
Housing providers may also be subject to the Americans with Disabilities Act (ADA) and should 
therefore refer also to DOJ’s regulations implementing Titles II and III of the ADA at 28 CFR 
Parts 35 and 36, in addition to DOJ’s other guidance on assistance animals. 
There are two types of assistance animals: (1) service animals, and (2) other animals that do 
work, perform tasks, provide assistance, and/or provide therapeutic emotional support for 
individuals with disabilities (i.e., support animals). 
Assistance animals, including service and support animals, are not pets, and thus, are not subject 
to the PHA’s pet policies described in Parts II through IV of this chapter [24 CFR §5.303; 
§960.705; Notice FHEO 2020-01]. 
10-I.B. APPROVAL OF ASSISTANCE ANIMALS [NOTICE FHEO 2020-01] 
Service Animals 
Notice FHEO 2020-01 states that PHAs should initially follow the Department of Justice (DOJ) 
analysis to assessing whether an animal is a service animal under the Americans with Disabilities 
Act (ADA). Under the ADA, a service animal means any dog that is individually trained to do 
work or perform tasks for the benefit of an individual with a disability, including a physical, 
sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether 
wild or domestic, trained or untrained, are not service animals for the purposes of this definition. 
The work or tasks performed by a service animal must be directly related to the individual’s 
disability.

10-3 
As a best practice, housing providers may use the following questions to help them determine if 
an animal is a service animal under the ADA: 
• Is the animal a dog? If not, the animal is not a service animal but may be another type of 
assistance animal for which an accommodation is needed (support animal). 
• Is it readily apparent that the dog is trained to do work or perform tasks for the benefit of 
the individual with a disability? If yes, further inquiries are inappropriate because the 
animal is a service animal. If not, it is advisable that the PHA limit its inquiries to the 
following two questions: (1) Is the animal required because of the disability?; and (2) 
What work or task has the animal been trained to perform? 
If the answer to question (1) is “yes” and work or a task is identified in response to question (2), 
grant the requested accommodation if otherwise reasonable. If the answer to either question is 
“no,” the animal does not qualify as a service animal but may be a support animal. 
A service animal must be permitted in all areas of the facility where members of the public are 
allowed. 
Support Animals (Assistance Animals other than Service Animals) 
If the animal does not qualify as a service animal, the PHA must next determine whether the 
animal would qualify as a support animal (other type of assistance animal). If the individual has 
indeed requested a reasonable accommodation to get or keep an animal in connection with a 
physical or mental impairment or disability, the PHA may use the following questions to help 
them assess whether to grant the accommodation in accordance with the policies outlined in 
Chapter 2 (the PHA is not required to grant a reasonable accommodation that has not been 
requested): 
• Does the person have an observable disability or does the PHA already have information 
giving them reason to believe that the person has a disability? If not, has the person 
requesting the accommodation provided information that reasonably supports that the 
person seeking the accommodation has a disability? 
• If the person has an observable disability, the PHA already has information giving them 
reason to believe the person has a disability, or the person has provided information 
supporting that he or she has a disability, then has the person provided information that 
reasonably supports that the animal does work, performs tasks, provides assistance, 
and/or provides therapeutic emotional support with respect to the individual’s disability? 
• If yes, is the animal commonly kept in households? An animal commonly kept in 
households would be a dog, cat, small bird, rabbit, hamster, gerbil, other rodent, fish, 
turtle, or other small, domesticated animal that is traditionally kept in the home for 
pleasure rather than for commercial purposes. For purposes of this assessment, reptiles 
(other than turtles), barnyard animals, monkeys, kangaroos, and other non-domesticated 
animals are not considered common household animals.

10-4 
If the individual is requesting to keep a unique animal not commonly kept in households, then 
the requestor has the substantial burden of demonstrating a disability-related therapeutic need for 
the specific animal or the specific type of animal. Such individuals are encouraged to submit 
documentation from a health care professional. 
General Considerations 
A person with a disability is not automatically entitled to have an assistance animal. Reasonable 
accommodation requires that there is a relationship between the person’s disability and his or her 
need for the animal [PH Occ GB, p. 179]. 
Before denying a reasonable accommodation request due to lack of information confirming an 
individual’s disability or disability-related need for an animal, the PHA is encouraged to engage 
in a good-faith dialog with the requestor called the “interactive process” [FHEO 2020-01]. 
A PHA may not refuse to allow a person with a disability to have an assistance animal merely 
because the animal does not have formal training. Some, but not all animals that assist persons 
with disabilities are professionally trained. Other assistance animals are trained by the owners 
themselves and, in some cases, no special training is required. The question is whether or not the 
animal performs the assistance or provides the benefit needed by the person with the disability 
[PH Occ GB, p. 178]. 
A PHA’s refusal to permit persons with a disability to use and live with an assistance animal that 
is needed to assist them, would violate Section 504 of the Rehabilitation Act and the Fair 
Housing Act unless [PH Occ GB, p. 179]: 
• There is reliable objective evidence that the animal poses a direct threat to the health or 
safety of others that cannot be reduced or eliminated by a reasonable accommodation 
• There is reliable objective evidence that the animal would cause substantial physical 
damage to the property of others 
• The Fair Housing Act does not require a dwelling to be made available to an individual 
whose tenancy would constitute a direct threat to the health or safety of other individuals 
or would result in substantial physical damage to the property of others. A PHA may 
therefore refuse a reasonable accommodation for an assistance animal if the specific 
animal poses a direct threat that cannot be eliminated or reduced to an acceptable level 
through the actions the individual takes to maintain or control the animal (e.g., keeping 
the animal in a security enclosure). 
• While most requests for reasonable accommodations involve one animal, requests 
sometimes involve more than one animal (for example, a person has a disability-related 
need for both animals, or two people living together each have a disability-related need 
for a separate assistance animal). The decision-making process in Notice FHEO 2020-01 
should be used in accordance with the reasonable accommodation policies in Chapter 2 
for all requests for exceptions or modifications to the PHA’s rules, policies, practices, and

10-5 
procedures so that persons with disabilities can have assistance animals in the housing 
where they reside. 
PHAs have the authority to regulate service animals and assistance animals under applicable 
federal, state, and local law [24 CFR §5.303(b)(3); §960.705(b)(3)]. 
PHA Policy 
For an animal to be excluded from the pet policy and be considered a service animal, it 
must be a trained dog, and there must be a person with disabilities in the household who 
requires the dog’s services. 
 
For an animal to be excluded from the pet policy and be considered a support animal, 
there must be a person with disabilities in the household, there must be a disability-
related need for the animal, and the family must request and the PHA approve a 
reasonable accommodation in accordance with the criteria outlined in Notice FHEO 
2020-01 and the policies contained in Chapter 2. 
10-I.C. CARE AND HANDLING 
HUD regulations do not affect any authority a PHA may have to regulate assistance animals, 
including service animals,  under federal, state, and local law [24 CFR §5.303; 24 CFR 
§960.705]. 
PHA Policy 
Residents are responsible for feeding, maintaining, providing veterinary care, and 
controlling their assistance animals. A resident may do this on his or her own or with the 
assistance of family, friends, volunteers, or service providers. 
 
Residents must care for assistance animals in a manner that complies with state and local 
laws, including anti-cruelty laws. 
 
Residents must ensure that assistance animals do not pose a direct threat to the health or 
safety of others, or cause substantial physical damage to the development, dwelling unit, 
or property of other residents. 
 
When a resident’s care or handling of an assistance animal violates these policies, the 
PHA will consider whether the violation could be reduced or eliminated by a reasonable 
accommodation. If the PHA determines that no such accommodation can be made, the 
PHA may withdraw the approval of a particular assistance animal.

10-6 
PART II: PET POLICIES FOR ALL DEVELOPMENTS 
[24 CFR 5, Subpart C; 24 CFR 960, Subpart G] 
10-II.A. OVERVIEW 
The purpose of a pet policy is to establish clear guidelines for ownership of pets and to ensure 
that no applicant or resident is discriminated against regarding admission or continued 
occupancy because of ownership of pets. It also establishes reasonable rules governing the 
keeping of common household pets. This part contains pet policies that apply to all 
developments. 
10-II.B. MANAGEMENT APPROVAL OF PETS 
Registration of Pets 
PHA Policy 
Pets must be registered and the pet agreement must be executed with the PHA before 
they are brought onto the premises. 
 
Registration includes documentation signed by a licensed veterinarian or state/local 
authority that the pet has been spayed or neutered as applicable or in the case of underage 
animals within 30 days of the pet reaching 6 months of age; Documentation signed by a 
licensed veterinarian that the pet has received all inoculations required by state or local 
law, and that the pet has no communicable disease(s) and is pest-free; Documentation 
that the pet is licensed in accordance with state or local law and one photograph of the 
pet. 
 
This registration must be renewed annually and will be coordinated with the annual 
reexamination date. 
 
Pets will not be approved to reside in a unit until the completion of the registration 
requirements are met and the pet agreement is executed. 
Refusal to Register Pets 
PHA Policy 
The PHA will refuse to register a pet if: 
• The pet is not a common household pet as defined in Section 10-II.C. below; 
• Keeping the pet would violate any pet restrictions listed in this policy; 
• The pet owner fails to provide complete pet registration information , execute a 
pet agreement, or fails to update the registration annually;

10-7 
• The applicant has previously been charged with animal cruelty under state or local 
law; or has been evicted, had to relinquish a pet or been prohibited from future pet 
ownership due to pet rule violations or a court order; or 
• The PHA reasonably determines that the pet owner is unable to keep the pet in 
compliance with the pet rules and other lease obligations. The pet's temperament 
and behavior may be considered as a factor in determining the pet owner's ability 
to comply with provisions of the lease. 
If the PHA refuses to register a pet, a written notification will be sent to the pet owner 
within 10 business days of the PHA’s decision. The notice will state the reason for 
refusing to register the pet and will inform the family of their right to appeal the decision 
in accordance with the PHA’s grievance procedures. 
Pet Agreement 
PHA Policy 
Residents who have been approved to have a pet must enter into a pet agreement with the 
PHA, or the approval of the pet will be withdrawn. 
 
The pet agreement is the resident’s certification that he or she has received a copy of the 
PHA’s pet policy and applicable house rules, that he or she has read the policies and/or 
rules, understands them, and agrees to comply with them. 
 
The resident further certifies by signing the pet agreement that he or she understands that 
noncompliance with the PHA’s pet policy and applicable house rules may result in the 
withdrawal of PHA approval of the pet or termination of tenancy. 
10-II.C. STANDARDS FOR PETS [24 CFR §5.318; §960.707(B)] 
PHAs may establish reasonable requirements related to pet ownership including, but not limited 
to: 
• Limitations on the number of animals in a unit, based on unit size; 
• Prohibitions on types of animals that the PHA classifies as dangerous, provided that such 
classifications are consistent with applicable state and local law; 
• Prohibitions on individual animals, based on certain factors, including the size and weight 
of the animal; 
• Requiring pet owners to have their pets spayed or neutered 
PHA’s may not require pet owners to have any pet’s vocal cords removed. 
PHAs may not require pet owners to obtain or carry liability insurance. 
PHAs may not require that cats be declawed.

10-8 
Definition of “Common Household Pet” 
There is no regulatory definition of common household pet for public housing programs, 
although the regulations for pet ownership in both elderly/disabled and general occupancy 
developments use the term. The regulations for pet ownership in elderly/disabled developments 
expressly authorize PHAs to define the term [24 CFR §5.306(2)]. 
PHA Policy 
Common household pet means a domesticated animal, such as a dog (maximum adult 
weight: 20 pounds full grown), cat, bird, or fish that is traditionally recognized as a 
companion animal and is kept in the home for pleasure rather than commercial purposes. 
 
The COCHRD also permits a hamster, gerbil, guinea pig or a turtle. The size of the 
aquarium may not exceed 10 gallons. 
Pet Restrictions 
PHA Policy 
The following animals are not permitted: 
• Any animal whose adult weight will exceed 20 pounds 
• Dogs of the pit bull, Rottweiler, chow, or boxer breeds 
• Ferrets or other animals whose natural protective mechanisms pose a risk to small 
children of serious bites or lacerations 
• Any animal not permitted under state or local law or code 
• Vicious 
• Exotic 
• Reptiles 
• Insects 
• Arachnids 
• Wild animals or feral animals 
• Pot-bellied pigs 
• Animals used for commercial breeding 
Number of Pets 
PHA Policy 
Residents may own a maximum of 1 pet.  In the case of fish, residents may keep no more 
than can be maintained in a safe and healthy manner in a tank holding up to 10 gallons. 
Such a tank or aquarium will be counted as 1 pet.

10-9 
10-II.D. PET RULES 
Pet owners must maintain pets responsibly, in accordance with PHA policies, and in compliance 
with applicable state and local public health, animal control, and animal cruelty laws and 
regulations [24 CFR §5.315; 24 CFR §960.707(a)]. 
Pet Area Restrictions 
PHA Policy 
Pets must be maintained within the resident's unit. When outside of the unit (within the 
building or on the grounds) dogs and cats must be kept on a leash or carried. They must 
be under the control of the resident or other responsible individual at all times. 
 
Pets other than dogs or cats must be kept in a cage or carrier when outside of the unit. 
 
Pets are not permitted in common areas including lobbies, community rooms, and 
laundry areas except for those common areas which are entrances to and exits from the 
building. 
 
Pet owners are not permitted to exercise pets or permit pets to deposit waste on project 
premises outside of the areas designated for such purposes. 
Designated Pet/No-Pet Areas [24 CFR §5.318(g), PH Occ GB, p. 182] 
PHAs may designate buildings, floors of buildings, or sections of buildings as no-pet areas where 
pets generally may not be permitted. Pet rules may also designate buildings, floors of building, or 
sections of building for residency by pet-owning tenants. 
PHAs may direct initial tenant moves as may be necessary to establish pet and no-pet areas. 
he PHA may not refuse to admit, or delay admission of, an applicant on the grounds that the 
applicant’s admission would violate a pet or no-pet area. The PHA may adjust the pet and no-pet 
areas or may direct such additional moves as may be necessary to accommodate such applicants 
for tenancy or to meet the changing needs of the existing tenants. 
PHAs may not designate an entire development as a no-pet area, since regulations permit 
residents to own pets. 
PHA Policy 
With the exception of common areas as described in the previous policy, the PHA has not 
designated any buildings, floors of buildings, or sections of buildings as no-pet areas. In 
addition, the PHA has not designated any buildings, floors of buildings, or sections of 
buildings for residency of pet-owning tenants.

10-10 
Cleanliness 
PHA Policy 
The pet owner shall be responsible for the removal of waste by placing it in a sealed 
plastic bag and disposing of it in a suitable covered trash container. 
 
The pet owner shall take adequate precautions to eliminate any pet odors within or 
around the unit and to maintain the unit in a sanitary condition at all times. 
 
Litter box requirements: 
• Pet owners must promptly dispose of waste from litter boxes and must maintain 
litter boxes in a sanitary manner. 
• Litter shall not be disposed of by being flushed through a toilet. 
• Litter boxes shall be kept inside the resident's dwelling unit. 
Alterations to Unit 
PHA Policy 
Pet owners shall not alter their unit, patio, premises, or common areas to create an 
enclosure for any animal. 
 
Installation of pet doors is prohibited. 
Noise 
PHA Policy 
Pet owners must agree to control the noise of pets so that such noise does not constitute a 
nuisance to other residents or interrupt their peaceful enjoyment of their housing unit or 
premises. This includes, but is not limited to loud or continuous barking, howling, 
whining, biting, scratching, chirping, or other such activities. 
Pet Care 
PHA Policy 
Each pet owner shall be responsible for adequate care, nutrition, exercise and medical 
attention for his/her pet. 
 
Each pet owner shall be responsible for appropriately training and caring for his/her pet 
to ensure that the pet is not a nuisance or danger to other residents and does not damage 
PHA property. 
 
No animals may be tethered or chained inside or outside the dwelling unit at any time.

10-11 
Responsible Parties 
PHA Policy 
The pet owner will be required to designate two responsible parties for the care of the pet 
if the health or safety of the pet is threatened by the death or incapacity of the pet owner, 
or by other factors that render the pet owner unable to care for the pet. 
 
A resident who cares for another resident's pet must notify the PHA and sign a statement 
that they agree to abide by all of the pet rules. 
Pets Temporarily on the Premises 
PHA Policy 
Pets that are not owned by a tenant are not allowed on the premises. Residents are 
prohibited from feeding or harboring stray animals. 
 
This rule does not apply to visiting pet programs sponsored by a humane society or other 
non-profit organizations, and approved by the PHA. 
Pet Rule Violations 
PHA Policy 
All complaints of cruelty and all dog bites will be referred to animal control or an 
applicable agency for investigation and enforcement. 
 
If a determination is made on objective facts supported by written statements received by 
an eye witness, that a resident/pet owner is in violation, the COCHRD may serve a 
written notice of lease violation(s) to the resident/pet owner. 
 
The notice will contain a brief statement of the factual basis for the determination and the 
pet rule(s) that were violated. The notice will also state: 
• That the pet owner has 3 business days from the effective date of the service of 
notice to correct the violation or make written request for a meeting to discuss the 
violation(s); 
• That the pet owner is entitled to be accompanied by another person of his or her 
choice at the meeting; 
• That the pet owner's failure to correct the violation(s), request a meeting, or 
appear at a requested meeting may result in initiation of procedures to remove the 
pet, or to terminate the pet owner's tenancy. 
Pet Removal

10-12 
PHA Policy 
If the death or incapacity of the pet owner threatens the health or safety of the pet, or 
other factors occur that render the owner unable to care for the pet, the situation will be 
reported to the responsible party designated by the pet owner. 
 
If the responsible party is unwilling or unable to care for the pet, or if the PHA after 
reasonable efforts cannot contact the responsible party, the PHA may contact the 
appropriate state or local agency and request the removal of the pet. 
 
In the event of the death of a pet, the resident/pet owner shall properly and immediately 
remove and dispose of the remains. The remains shall not be placed in any container on the 
grounds of a COCHRD property or in a container on COCHRD grounds.  Burial on the 
grounds is strictly prohibited. 
 
If the pet is removed as a result of any aggressive act on the part of the pet, the pet will 
not be allowed back on the premises. 
Termination of Tenancy 
PHA Policy 
The PHA may initiate procedures for termination of tenancy based on a pet rule violation 
if: 
• The pet owner has failed to remove the pet or correct a pet rule violation within 
the time period specified; 
• The pet rule violation is sufficient to begin procedures to terminate tenancy under 
terms of the lease. 
Emergencies 
PHA Policy 
The PHA will take all necessary steps to ensure pets that become vicious, display 
symptoms of severe illness, or demonstrate behavior that constitutes an immediate threat 
to the health or safety of others, are immediately removed from the premises by referring 
the situation to the appropriate state or local entity authorized to remove such animals. 
 
If it is necessary for the PHA to place the pet in a shelter facility, the cost will be the 
responsibility of the pet owner. 
 
If the pet is removed as a result of any aggressive act on the part of the pet, the pet will 
not be allowed back on the premises.

10-13 
PART III: PET DEPOSITS AND FEES IN ELDERLY/DISABLED DEVELOPMENTS 
10-III.A. OVERVIEW 
This part describes the PHA’s policies for pet deposits and fees in elderly, disabled and mixed 
population developments. Policies governing deposits and fees in general occupancy 
developments are described in Part IV. 
10-III.B. PET DEPOSITS 
Payment of Deposit 
The PHA may require tenants who own or keep pets in their units to pay a refundable pet 
deposit. This deposit is in addition to any other financial obligation generally imposed on tenants 
of the project [24 CFR §5.318(d)(1)]. 
The maximum amount of pet deposit that may be charged by a PHA on a per dwelling unit basis, 
is the higher of the total tenant payment (TTP) or such reasonable fixed amount as the PHA may 
require. The PHA may permit gradual accumulation of the pet deposit by the pet owner [24 CFR 
§5.318(d)(3)]. 
The pet deposit is not part of the rent payable by the resident [24 CFR §5.318(d)(5)]. 
PHA Policy 
Pet owners are required to pay a pet deposit in addition to any other required deposits. 
 
Resident/Pet owners of a dog or cat that meet the standards are required to pay a $250.00 
deposit before the pet is brought on the premises. $250.00 is refunded when the resident 
vacates the premises and the property has no damages caused by the pet. 
 
The deposit must be paid in full before the pet is brought on the premises. 
Refund of Deposit [24 CFR §5.318(d)(1)] 
The PHA may use the pet deposit only to pay reasonable expenses directly attributable to the 
presence of the pet, including (but not limited to) the costs of repairs and replacements to, and 
fumigation of, the tenant’s dwelling unit. The PHA must refund the unused portion of the pet 
deposit to the tenant within a reasonable time after the tenant moves from the project or no 
longer owns or keeps a pet in the unit. 
PHA Policy 
The PHA will refund the pet deposit to the resident, less the costs of any damages caused 
by the pet to the dwelling unit, within 30 days of move-out or removal of the pet from the 
unit. 
The resident will be billed for any amount that exceeds the pet deposit. The PHA will 
provide the resident with a written list of any charges against the pet deposit within 10

10-14 
business days of the move-out inspection. If the resident disagrees with the amount 
charged to the pet deposit, the PHA will provide a meeting to discuss the charges. 
10-III.C. OTHER CHARGES 
Pet Fees 
PHA Policy 
Resident/Pet owners, who have a dog or a cat that meet the standards, are not required to 
pay a non-refundable pet fee or a sanitation fee.   
 
Sanitation fee for unauthorized pets 
• Residents who have a dog or cat without the written permission of the COCHRD 
will be charged a $150.00 sanitation fee. 
Pet-Related Damages During Occupancy 
PHA Policy 
All reasonable expenses incurred by the PHA as a result of damages directly attributable 
to the presence of the pet in the property will be the responsibility of the resident, 
including but not limited to: 
• The cost of repairs and replacements to the resident's dwelling unit 
• Fumigation of the dwelling unit 
• Repairs to common areas of the project 
• Elimination of fleas 
If the resident is in occupancy when such costs occur, the resident shall be billed for such 
costs in accordance with the policies in Section 8-I.G, Maintenance and Damage 
Charges. Pet deposits will not be applied to the costs of pet-related damages during 
occupancy. 
Charges for pet-related damage are not part of rent payable by the resident.

10-15 
PART IV: PET DEPOSITS AND FEES IN  
GENERAL OCCUPANCY DEVELOPMENTS 
10-IV.A. OVERVIEW 
This part describes the PHA’s policies for pet deposits and fees for those who reside in general 
occupancy developments. 
10-IV.B. PET DEPOSITS 
A PHA may require a refundable pet deposit to cover additional costs attributable to the pet and 
not otherwise covered [24 CFR §960.707(b)(1)]. 
A PHA that requires a resident to pay a pet deposit must place the deposit in an account of the 
type required under applicable State or local law for pet deposits, or if there are no such 
requirements, for rental security deposits, if applicable. The PHA must comply with such laws as 
to retention of the deposit, interest, and return of the deposit to the resident, and any other 
applicable requirements [24 CFR §960.707(d)]. 
Payment of Deposit 
PHA Policy 
All resident pet owners of a dog or cat that meet the standards are required to pay a 
$250.00 deposit before the pet is brought on the premises.   
 
$100.00 is refunded when the resident vacates the premises and the property has no 
damages caused by the pet.   
 
$150.00 is a non-refundable pet sanitation fee.   
 
The pet deposit is not part of rent payable by the resident. 
Refund of Deposit 
PHA Policy 
The PHA will refund the pet deposit to the resident, less the costs of any damages caused 
by the pet to the dwelling unit, within 30 days of move-out or removal of the pet from the 
unit. 
 
The resident will be billed for any amount that exceeds the pet deposit. 
 
The PHA will provide the resident with a written list of any charges against the pet 
deposit within 10 business days of the move-out inspection. If the resident disagrees with 
the amount charged to the pet deposit, the PHA will provide a meeting to discuss the 
charges.

10-16 
10-IV.C. NON-REFUNDABLE NOMINAL PET FEE 
PHAs may require payment of a non-refundable nominal pet fee to cover the reasonable 
operating costs to the development relating to the presence of pets [24 CFR §960.707(b)(1)]. 
PHA Policy 
Resident/Pet owners, who have a dog or a cat that meet the standards, are required to pay a 
non-refundable pet fee of $10.00 per month. 
 
This fee is intended to cover the reasonable operating costs to the project relating to the 
presence of pets. Reasonable operating costs to the project relating to the presence of pets 
include, but are not limited to: 
• Landscaping costs 
• Pet control costs  
• Insurance costs 
• Clean-up costs 
The pet fee of $10.00 will be billed on a monthly basis. 
Charges for the non-refundable pet fee are not part of rent payable by the resident. 
Sanitation fee for unauthorized pets 
Residents who have a dog or cat without the written permission of the COCHRD will be 
charged a $150.00 sanitation fee and must remove the animal from the premises within 48 
hours. 
10-IV.D. OTHER CHARGES 
Pet-Related Damages During Occupancy 
PHA Policy 
All reasonable expenses incurred by the PHA as a result of damages directly attributable 
to the presence of the pet in the project will be the responsibility of the resident, 
including: 
• The cost of repairs and replacements to the resident’s dwelling unit 
• Fumigation of the dwelling unit 
• Repairs to common areas of the project 
• Elimination of fleas 
If the resident is in occupancy when such costs occur, the resident shall be billed for such 
costs in accordance with the policies in Section 8-I.G, Maintenance and Damage 
Charges.

10-17 
Pet deposits will not be applied to the costs of pet-related damages during occupancy. 
Charges for pet-related damage are not part of rent payable by the resident. 
Pet Waste Removal Charge 
The regulations do not address the PHA’s ability to impose charges for house pet rule violations. 
However, charges for violation of PHA pet rules may be treated like charges for other violations 
of the lease and PHA tenancy rules. 
PHA Policy 
Pet Waste Removal Charge:  A separate pet waste removal charge of $21.00 (a minimum 
labor charge) per occurrence will be assessed against the resident/pet owners who fail to 
remove pet waste.

11-1 
Chapter 11  
COMMUNITY SERVICE 
INTRODUCTION 
This chapter explains HUD regulations requiring PHAs to implement a community service 
program for all nonexempt adults living in public housing. 
This chapter describes HUD regulations and PHA policies related to these topics in two parts: 
Part I: Community Service Requirements. This part describes who is subject to the 
community service requirement, who is exempt, and HUD’s definition of economic self-
sufficiency. 
Part II: PHA Implementation of Community Service. This part provides PHA policy 
regarding PHA implementation and program design.

11-2 
PART I: COMMUNITY SERVICE REQUIREMENT 
11-I.A. OVERVIEW 
HUD regulations pertaining to the community service requirement are contained in 24 CFR §960 
Subpart F (§960.600 through §960.609). PHAs and residents must comply with the community 
service requirement, effective with PHA fiscal years that commenced on or after October 1, 
2000. Per §903.7(l)(1)(iii), the PHA Plan must contain a statement of how the PHA will comply 
with the community service requirement, including any cooperative agreement that the PHA has 
entered into or plans to enter into. 
Community service is the performance of voluntary work or duties that are a public benefit, and 
that serve to improve the quality of life, enhance resident self-sufficiency, or increase resident 
self-responsibility in the community. Community service is not employment and may not include 
political activities [24 CFR §960.601(b)]. 
In administering community service requirements, the PHA must comply with all 
nondiscrimination and equal opportunity requirements [24 CFR §960.605(c)(5)]. 
11-I.B. REQUIREMENTS 
Each adult resident of the PHA, who is not exempt, must [24 CFR §960.603(a)]: 
• Contribute 8 hours per month of community service; or 
• Participate in an economic self-sufficiency program (as defined in the regulations) for 8 
hours per month; or 
• Perform 8 hours per month of combined activities (community service and economic 
self-sufficiency programs). 
• The required community service or self-sufficiency activity may be completed 8 hours 
each month or may be aggregated across a year. Any blocking of hours is acceptable as 
long as 96 hours is completed by each annual certification of compliance [Notice PIH 
2015-12]. 
Definitions 
Exempt Individual [24 CFR §960.601(b), Notice PIH 2015-12] 
An exempt individual is an adult who: 
• Is age 62 years or older 
• Is blind or disabled (as defined under section 216[i][l] or 1614 of the Social Security 
Act), and who certifies that because of this disability s/he is unable to comply with the 
service provisions 
• Is a primary caretaker of such an individual

11-3 
• Is engaged in work activities 
PHA Policy 
The PHA will consider 30 hours per week as the minimum number of hours needed 
to qualify for a work activity exemption. 
• Is able to meet requirements of being exempted under  a state program funded under part 
A of title IV of the Social Security Act, or under any other welfare program of the state in 
which the PHA is located, including a state-administered welfare-to-work program 
• This exemption applied to anyone whose characteristics or family situation meet the 
welfare agency exemption criteria and can be verified. 
• Is 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, or under any other welfare 
program of the state in which the PHA is located, including a state-administered welfare-
to-work program and the supplemental nutrition assistance program (SNAP), and has not 
been found by the state or other administering entity to be in noncompliance with such 
program. 
Community Service [24 CFR §960.601(b), Notice PIH 2015-12] 
Community service is the performance of voluntary work or duties that are a public benefit, and 
that serve to improve the quality of life, enhance resident self-sufficiency, or increase resident 
self-responsibility in the community.  Community service is not employment and may not 
include political activities.   
Eligible community service activities include, but are not limited to, work at: 
• Local public or nonprofit institutions  such as schools, head start programs, before or 
after school programs, child care centers, hospitals, clinics, hospices, nursing homes, 
recreation centers, senior centers, adult day care programs, homeless shelters,  feeding 
programs, food banks, distribution either donated or commodity foods), or clothes 
closets,(distributing donated clothing.). 
• Nonprofit organizations serving PHA residents or their children such as: Boy or Girl 
Scouts, Boys or Girls Club, 4-H clubs, Police Assistance League (PAL), organized 
children’s recreation, mentoring or education programs, Big Brothers or Big Sisters, 
garden centers, community clean-up programs, beautification programs. 
• Programs funded under the Older Americans Act, such as Green Thumb Service Corps of 
Retired Executives, senior meals programs, senior centers, Meals on Wheels. 
• Public or nonprofit 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

11-4 
• Serve as member of the  resident organization (Tenant Community Builders) or resident 
advisory board 
• Caring for the children of other residents so parent may volunteer. 
PHA Policy 
Community Service must be only in the City of Chandler or serving citizens from the 
City of Chandler. 
Economic Self-Sufficiency Program [24 CFR §5.603(b), Notice PIH 2015-12] 
For purposes of satisfying the community service requirement, an economic self-sufficiency 
program is defined by HUD as any program designed to encourage, assist, train, or facilitate 
economic independence of assisted families or to provide work for such families. 
Eligible self-sufficiency activities include but are not limited to: 
• Job readiness or job training 
• Training programs through local one-stop career centers, workforce investment boards 
(local entities administered through the U.S. Department of Labor), or other training 
providers 
• Employment counseling, work placement, or basic skills training 
• Education, including higher education (junior college or college), GED classes, or 
reading financial, or computer literacy classes 
• Apprenticeships (formal or informal) 
• English proficiency or English as a second language classes 
• Budgeting and credit counseling 
• Any other program necessary to ready a participant to work (such as substance abuse or 
mental health counseling) 
Work Activities [42 U.S.C. 607(d)] 
As it relates to an exemption from the community service requirement, work activities means: 
• Unsubsidized employment 
• Subsidized private sector employment 
• Work experience (including work associated with the refurbishing of publicly assisted 
housing) if sufficient private sector employment is not available 
• On-the-job training 
• Job search and job readiness assistance 
• Community service programs

11-5 
• Vocational educational training (not to exceed 12 months with respect to any individual) 
• Job skills training directly related to employment 
• 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 
• 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 
Notification Requirements [24 CFR §960.605(c)(2), Notice PIH 2015-12, Notice PIH 2016-06] 
The PHA must give each family a written description of the community service requirement, the 
process for claiming status as an exempt person, and the process for PHA verification of exempt 
status. The PHA must also notify the family of its determination identifying the family members 
who are subject to the service requirement, and the family members who are exempt.  In 
addition, the family must sign a certification, such as Attachment A of Notice PIH 2015-12, that 
they have received and read the policy and understand that if they are not exempt, failure to 
comply with the requirement will result in nonrenewal of their lease. The family must also sign a 
certification at annual reexamination, such as Attachment B of Notice PIH 2015-12, certifying 
that they understand the requirement. 
PHA Policy 
The PHA will provide the family with a copy of the Community Service Policy at lease-
up, lease renewal, when a family member is determined to be subject to the community 
service requirement during the lease term, and at any time upon the family’s request. The 
policy will notify the family that self-certification forms are subject to review by the 
PHA. 
 
On an annual basis, at the time of lease renewal, the PHA will notify the family in writing 
of the family members who are subject to the community service requirement and the 
family members who are exempt. If the family includes nonexempt individuals the notice 
will include a list of agencies in the community that provide volunteer and/or training 
opportunities, as well as a documentation form on which they may record the activities 
they perform and the number of hours contributed. The form will also have a place for a 
signature by an appropriate official, who will certify to the activities and hours 
completed. 
11-I.C. DETERMINATION OF EXEMPTION STATUS AND COMPLIANCE  
[24 CFR §960.605(C)(3)] 
The PHA must review and verify family compliance with service requirements annually at least 
thirty days before the end of the twelve month lease term. The policy for documentation and 
verification of compliance with service requirements may be found at Section 11-I.D., 
Documentation and Verification.

11-6 
PHA Policy 
Where the lease term does not coincide with the effective date of the annual 
reexamination, the PHA will change the effective date of the annual reexamination to 
coincide with the lease term. In making this change, the PHA will ensure that the annual 
reexamination is conducted within 12 months of the last annual reexamination. 
Annual Determination 
Determination of Exemption Status 
An exempt individual is excused from the community service requirement [24 CFR 
§960.603(a)]. 
PHA Policy 
At least 60 days prior to lease renewal, the PHA will review and verify the exemption 
status of all adult family members. This verification will only be done on an annual basis 
unless the family reports a change or the PHA has reason to believe that an individual’s 
exemption status has changed. For individuals who are exempt because they are 62 years 
of age and older, or disabled, verification of exemption status will be done only at the 
initial examination. 
 
Upon completion of the verification process, the PHA will notify the family of its 
determination in accordance with the policy in Section 11-I.B., Notification 
Requirements. 
Determination of Compliance 
The PHA must review resident family compliance with service requirements annually at least 30 
days before the end of the 12-month lease term [24 CFR §960.605(c)(3)]. As part of this review, 
the PHA must verify that any family member that is not exempt from the community service 
requirement has met his or her service obligation. 
PHA Policy 
Approximately 90-120 days prior to the end of the lease term, the PHA will provide 
written notice requiring the family to submit documentation that all subject family 
members have complied with the service requirement. The family will have 10 business 
days to submit the PHA required documentation form(s). 
 
If the family fails to submit the required documentation within the required timeframe, or 
PHA approved extension, the subject family members will be considered noncompliant 
with community service requirements, and notices of noncompliance will be issued 
pursuant to the policies in Section 11-I.E., Noncompliance. 
Change in Status between Annual Determinations

11-7 
PHA Policy 
Exempt to Nonexempt Status: 
If an exempt individual becomes nonexempt during the twelve month lease term, it is 
the family’s responsibility to report this change to the PHA within 10 business days. 
 
Within 10 business days of a family reporting such a change, or the PHA determining 
such a change is necessary, the PHA will provide written notice of the effective date 
of the requirement, a list of agencies in the community that provide volunteer and/or 
training opportunities, as well as a documentation form on which the family member 
may record the activities performed and number of hours contributed. 
 
The effective date of the community service requirement will be the first of the month 
following 30 day notice. 
 
Determination of Initial Compliance 
When an adult family member becomes subject to community service, he or she must 
perform 8 hours of community service for the months he or she is subject to the 
requirement before the end of the lease term (anniversary date). 
 
 
 
 
 
 
 
 
 
 
 
 
Nonexempt to Exempt Status 
If a nonexempt person becomes exempt during the twelve month lease term, it is the 
family’s responsibility to report this change to the PHA within 10 business days. Any 
claim of exemption will be verified by the PHA in accordance with the policy at 11-
I.D., Documentation and Verification of Exemption Status. 
 
Example 1: Alberto Jones turns 18 on 5/10/15 and is not exempt from 
the community service requirement. His community service 
requirement begins on 6/1/15, and his initial compliance is reviewed 
before the end of the lease term (anniversary date), which is 11/30/15. 
− Alberto must perform 6 months of community service in his initial 
compliance period, before the end of the lease term (anniversary 
date). 
Example 2: Lisa Dewhurst leaves her job on 9/20/14 and is not exempt 
from the community service requirement. Her community service 
requirement begins on 10/1/14, and her initial compliance is reviewed 
before the end of the lease term (anniversary date), which is 6/30/15 
− Ms. Dewhurst must perform 9 months of community service in her 
initial compliance period, before the end of the lease term 
(anniversary date).

11-8 
 
Within 10 business days of a family reporting such a change, or the PHA determining 
such a change is necessary, the PHA will provide the family written notice that the 
family member is no longer subject to the community service requirement, if the PHA 
is able to verify the exemption. 
 
The exemption will be effective immediately. 
11-I.D. DOCUMENTATION AND VERIFICATION [24 CFR §960.605(C)(4)], §960.607, 
NOTICE PIH 2016-08] 
The PHA must retain reasonable documentation of service requirement performance or 
exemption in participant files. 
Documentation and Verification of Exemption Status 
PHA Policy 
All family members who claim they are exempt from the community service requirement 
will be required to sign the community service exemption certification form found in 
Exhibit 11-3. The PHA will provide a completed copy to the family and will keep a copy 
in the tenant file. 
 
The PHA will verify that an individual is exempt from the community service 
requirement by following the verification hierarchy and documentation requirements in 
Chapter 7. 
 
The PHA makes the final determination whether or not to grant an exemption from the 
community service requirement. If a resident does not agree with the PHA’s 
determination, s/he can dispute the decision through the PHA’s grievance procedures (see 
Chapter 14). 
Documentation and Verification of Compliance 
At each regularly scheduled reexamination, each nonexempt family member presents a signed 
standardized certification form developed by the PHA of community service and self-sufficiency 
activities performed over the last 12 months [Notice PIH 2015-12]. 
If qualifying community service activities are administered by an organization other than the 
PHA, a family member who is required to fulfill a service requirement must provide 
documentation required by the PHA.  The PHA may require a self-certification or certification 
form a third party [24 CFR §960.607]. 
If the PHA accepts self-certification of compliance with the community service requirement, it 
must provide a form, which includes a statement that the client performed the required hours, 
contact information for the community service provider, a description of activities performed, 
and dates of service.

11-9 
If the PHA accepts self-certification, it must validate a sample of certifications through third-
party documentation. The PHA must notify families that self-certification forms are available 
and that a sample of self-certifications will be validated. 
HUD strongly encourages PHAs to investigate community service compliance when there are 
questions of accuracy. 
PHA Policy 
Each individual who is subject to the community service requirement will be required to 
record their community service or self-sufficiency activities and the number of hours 
contributed on the required form. The certification form will also include places for 
signatures and phone numbers of supervisors, instructors, and counselors certifying to the 
number of hours contributed. 
 
Families will be required to submit the documentation to the PHA, upon request by the 
PHA, at least annually. 
 
If the PHA has reasonable cause to believe that the certification provided by the family is 
false or fraudulent, the PHA has the right to require additional third-party verification. 
11-I.E. NONCOMPLIANCE 
Noncompliant Residents 
The lease specifies that it is renewed automatically for all purposes, unless the family fails to 
comply with the community service requirement. Violation of the service requirement is grounds 
for nonrenewal of the lease at the end of the twelve month lease term, but not for termination of 
tenancy during the course of the twelve month lease term [24 CFR §960.603(b)]. 
PHAs may not evict a family due to CSSR noncompliance. However, if PHA finds a tenant is 
noncompliant with CSSR, the PHA must provide written notification to the tenant of the 
noncompliance, which must include: 
• A brief description of the finding of non-compliance with CSSR. 
• A statement that the PHA will not renew the lease at the end of the current 12-month 
lease term unless the tenant enters into a written work-out agreement with the PHA or the 
family provides written assurance that is satisfactory to the PHA explaining that the 
tenant or other noncompliant resident no longer resides in the unit. Such written work-out 
agreement must include the means through which a noncompliant family member will 
comply with the CSSR requirement [24 CFR §960.607(c), Notice PIH 2015-12]. 
The notice must also state that the tenant may request a grievance hearing on the PHA’s 
determination, in accordance with the PHA’s grievance procedures, and that the tenant may 
exercise any available judicial remedy to seek timely redress for the PHA’s nonrenewal of the 
lease because of the PHA’s determination.

11-10 
PHA Policy 
The notice of noncompliance will be sent at least 45 days prior to the end of the lease 
term. 
 
The family will have 10 business days from the date of the notice of noncompliance to 
enter into a written work-out agreement to cure the noncompliance over the 12 month 
term of the new lease, provide documentation that the noncompliant resident no longer 
resides in the unit, or to request a grievance hearing. 
 
If the family reports that a noncompliant family member is no longer residing in the unit, 
the family must provide documentation that the family member has actually vacated the 
unit before the PHA will agree to continued occupancy of the family. Documentation 
must consist of a certification signed by the head of household as well as evidence of the 
current address of the family member that previously resided with them. 
 
If the family does not request a grievance hearing, or does not take either corrective 
action required by the notice of noncompliance within the required 10 business day 
timeframe, the PHA will terminate tenancy in accordance with the policies in Section 13-
IV.D. 
Continued Noncompliance and Enforcement Documentation [24 CFR §960.607(b)] 
Should a family member refuse to sign a written work-out agreement, or fail to comply with the 
terms of the work-out agreement, PHAs are required to initiate termination of tenancy 
proceedings at the end of the current 12-month lease (see 24 CFR §966.53(c)) for failure to 
comply with lease requirements. When initiating termination of tenancy proceedings, the PHA 
will provide the following procedural safeguards: 
• Adequate notice to the tenant of the grounds for terminating the tenancy and for non-
renewal of the lease; 
• Right of the tenant to be represented by counsel; 
• Opportunity for the tenant to refute the evidence presented by the PHA, including the 
right to confront and cross-examine witnesses and present any affirmative legal or 
equitable defense which the tenant may have; and, 
• A decision on the merits. 
PHA Policy 
Notices of continued noncompliance will be sent at least 30 days prior to the end of the 
lease term and will also serve as the family’s termination notice. The notice will meet the 
requirements for termination notices described in Section 13-IV.D, Form, Delivery, and 
Content of the Notice. 
 
The family will have 10 business days from the date of the notice of non-compliance to 
provide documentation that the noncompliant resident no longer resides in the unit, or to 
request a grievance hearing.

11-11 
 
If the family reports that a noncompliant family member is no longer residing in the unit, 
the family must provide documentation that the family member has actually vacated the 
unit before the PHA will agree to continued occupancy of the family. Documentation 
must consist of a certification signed by the head of household as well as evidence of the 
current address of the noncompliant family member that previously resided with them. 
 
If the family does not request a grievance hearing, or provide such documentation within 
the required 10 business day timeframe, the family’s lease and tenancy will automatically 
terminate at the end of the current lease term without further notice.

11-12 
PART II: IMPLEMENTATION OF COMMUNITY SERVICE 
11-II.A. OVERVIEW 
Each PHA must develop a policy for administration of the community service and economic 
self-sufficiency requirements for public housing. It is in the PHA’s best interests to develop a 
viable, effective community service program, to provide residents the opportunity to engage in 
the community and to develop competencies. 
PHA Implementation of Community Service 
The PHA may not substitute any community service or self-sufficiency activities performed by 
residents for work ordinarily performed by PHA employees, or replace a job at any location 
where residents perform activities to satisfy the service requirement [24 CFR §960.609]. 
PHA Policy 
If a disabled resident certifies that s/he is able to perform community service, the PHA 
will ensure that requests for reasonable accommodation are handled in accordance with 
the policies in Chapter 2. 
PHA Program Design 
The PHA may administer qualifying community service or economic self-sufficiency activities 
directly, or may make community service activities available through a contractor, or through 
partnerships with qualified organizations, including resident organizations, and community 
agencies or institutions [24 CFR §960.605(b)]. 
PHA Policy 
The PHA will attempt to provide the broadest choice possible to residents as they choose 
community service activities. 
The PHA’s goal is to design a service program that gives residents viable opportunities to 
become involved in the community and to gain competencies and skills. The PHA will 
work with resident organizations and community organizations to design, implement, 
assess and recalibrate its community service program. 
The PHA will make every effort to identify volunteer opportunities throughout the 
community, especially those in proximity to public housing developments. To the 
greatest extent possible, the PHA will provide names and contacts at agencies that can 
provide opportunities for residents, including persons with disabilities, to fulfill their 
community service obligations. 
The PHA will provide in-house opportunities for volunteer work or self-sufficiency 
programs when possible. 
If a member of the family is participating in the FSS program, the regular meetings with 
the FSS Specialist will satisfy community service activities.

11-13 
EXHIBIT 11-1: Community Service and Self-Sufficiency Policy 
A. Background 
The Quality Housing and Work Responsibility Act of 1998 requires that all nonexempt (see 
definitions) public housing adult residents (18 or older) contribute eight (8) hours per month of 
community service (volunteer work) or participate in eight (8) hours of training, counseling, 
classes or other activities that help an individual toward self-sufficiency and economic 
independence. This is a requirement of the public housing lease. 
B. Definitions 
Community Service – community service activities include, but are not limited to, work at: 
• Local public or nonprofit institutions such as schools, head start programs, before or after 
school programs, child care centers, hospitals, clinics, hospices, nursing homes, 
recreation centers, senior centers, adult day care programs, homeless shelters, feeding 
programs, food banks (distributing either donated or commodity foods), or clothes closets 
(distributing donated clothing). 
• Nonprofit organizations serving PHA residents or their children such as: Boy or Girl 
Scouts, Boys or Girls Club, 4-H clubs, Police Assistance League (PAL), organized 
children’s recreation, mentoring or education programs, Big Brothers or Big Sisters, 
garden centers, community clean-up programs, beautification programs. 
• Programs funded under the Older Americans Act, such as Green Thumb, Service Corps 
of Retired Executives, senior meals programs, senior centers, Meals on Wheels 
• Public or nonprofit 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. 
• PHA housing to improve grounds or provide gardens (so long as such work does not alter 
the PHA’s insurance coverage); or work through resident organizations to help other 
residents with problems, including serving on the Resident Advisory Board. 
• Care for the children of other residents so parent may volunteer 
NOTE: Political activity is excluded. 
PHA Policy 
Community Service must be only in the City of Chandler or serving citizens from the 
City of Chandler. 
Self-Sufficiency Activities – self-sufficiency activities include, but are not limited to: 
• Job readiness or job training 
• Training programs through local one-stop career centers, workforce investment 
boards (local entities administered through the U.S. Department of Labor), or other 
training providers

11-14 
• Employment counseling, work placement, or basic skills training 
• Education, including higher education (junior college or college) or reading, 
financial, or computer literacy classes 
• Apprenticeships (formal or informal) 
• English proficiency or English as a second language classes 
• Budgeting and credit counseling 
• Any other program necessary to ready a participant to work (such as substance 
abuse or mental health counseling) 
Exempt Adult – an adult member of the family who meets any of the following criteria: 
• Is 62 years of age or older 
• Is blind or a person with disabilities (as defined under section 216[i][l] or 1614 of 
the Social Security Act), and who certifies that because of this disability he or she is 
unable to comply with the service provisions, or is the primary caretaker of such an 
individuals 
• Is engaged in work activities 
• Is able to meet requirements under a state program funded under part A of title IV 
of the  Social Security Act, or under any other welfare program of the state in which 
the PHA is located, including a state-administered welfare-to-work program; or 
• Is 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, or under any 
other welfare program of the state in which the PHA is located, including a state-
administered welfare-to work program and the supplemental nutrition assistance 
program (SNAP), and has not been found by the state or other administering entity 
to be in noncompliance with such program. 
PHAs can use reasonable guidelines in clarifying the work activities in coordination with 
TANF, as appropriate. 
Work Activities – as it relates to an exemption from the community service requirement, 
work activities means: 
• Unsubsidized employment 
• Subsidized private sector employment 
• Subsidized public sector employment 
• Work experience (including work associated with the refurbishing of publicly 
assisted housing) if sufficient private sector employment is not available 
• On-the-job training 
• Job search and job readiness assistance

11-15 
• Community service programs 
• Vocational educational training (not to exceed 12 months with respect to any 
individual) 
• Job skills training directly related to employment 
• 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 
• 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 
• Provision of child care services to an individual who is participating in a 
community service program 
C. Requirements of the Program 
1) The eight (8) hours per month may be either volunteer work or self-sufficiency 
program activity, or a combination of the two. 
2) At least eight (8) hours of activity must be performed each month or may be 
aggregated across a year.  Any blocking of hours is acceptable as long as 96 hours is 
completed by each annual certification of compliance. 
3) Family obligation: 
• At lease execution, all adult members (18 or older) of a public housing resident 
family must: 
− Sign a certification (Attachment A) that they have received and read this 
policy and understand that if they are not exempt, failure to comply with the 
community service requirement will result in a nonrenewal of their lease; 
and 
− Declare if they are exempt. If exempt, they must complete the Exemption 
Form (Exhibit 11-3) and provide documentation of the exemption. 
• Upon written notice from the PHA, nonexempt family members must present 
complete documentation of activities performed during the applicable lease term. 
This documentation will include places for signatures of supervisors, instructors, 
or counselors, certifying to the number of hours contributed. 
• If a family member is found to be noncompliant at the end of the 12-month lease 
term, he or she, and the head of household, will be required to sign an agreement 
with the housing authority to make up the deficient hours over the next twelve 
(12) month period, or the lease will be terminated. 
• At annual reexamination, the family must also sign a certification certifying that 
they understand the community service requirement.

11-16 
4) Change in exempt status: 
• If, during the twelve (12) month lease period, a nonexempt person becomes 
exempt, it is his or her responsibility to report this to the PHA and provide 
documentation of exempt status. 
• If, during the twelve (12) month lease period, an exempt person becomes 
nonexempt, it is his or her responsibility to report this to the PHA. Upon receipt 
of this information the PHA will provide the person with the appropriate 
documentation form(s) and a list of agencies in the community that provide 
volunteer and/or training opportunities. 
D. Authority Obligation 
1) To the greatest extent possible and practicable, the PHA will: 
• Provide names and contacts at agencies that can provide opportunities for residents, 
including residents with disabilities, to fulfill their community service obligations. 
• Provide in-house opportunities for volunteer work or self-sufficiency activities. 
2) The PHA will provide the family with a copy of this policy, and all applicable 
exemption verification forms and community service documentation forms, at lease-up, 
lease renewal, when a family member becomes subject to the community service 
requirement during the lease term, and at any time upon the family’s request. 
3) Although exempt family members will be required to submit documentation to support 
their exemption, the PHA will verify the exemption status in accordance with its 
verification policies. The PHA will make the final determination as to whether or not a 
family member is exempt from the community service requirement. Residents may use 
the PHA’s grievance procedure if they disagree with the PHA’s determination. 
4) Noncompliance of family member: 
• At least thirty(30) days prior to the end of the 12-month lease term, the PHA will 
begin reviewing the exempt or nonexempt status and compliance of family 
members; 
• If, at the end of the initial 12-month lease term under which a family member is 
subject to the community service requirement, the PHA finds the family member 
to be noncompliant, the PHA will not renew the lease unless: 
− The head of household and any other noncompliant resident enter into a 
written agreement with the PHA, to make up the deficient hours over the 
next twelve (12) month period; or 
− The family provides written documentation satisfactory to the PHA that 
the noncompliant family member no longer resides in the unit.

11-17 
• If, at the end of the next 12-month lease term, the family member is still not 
compliant, a 30-day notice to terminate the lease will be issued and the entire 
family will have to vacate, unless the family provides written documentation 
satisfactory to the PHA that the noncompliant family member no longer resides in 
the unit; 
• The family may use the PHA’s grievance procedure to dispute the lease 
termination. 
All adult family members must sign and date below, certifying that they have read and received a 
copy of this Community Service and Self-Sufficiency Policy. 
 
 
 
 
 
Resident 
Date 
 
 
 
 
 
Resident 
Date 
 
 
 
 
 
Resident 
Date 
 
 
 
 
 
Resident 
Date

11-18 
EXHIBIT 11-2: Definition of a Person with a Disability Under  
Social Security Acts 216(i)(l) and Section 1416 (excerpt) for  
Purposes of Exemption from Community Service 
Social Security Act: 
216(i)(1): Except for purposes of sections 202(d), 202(e), 202(f), 223, and 225, the term 
“disability” means (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 has lasted or can be expected to last for a continuous period of not less than 12 months, or (B) 
blindness; and the term “blindness” means central visual acuity of 20/200 or less in the better eye 
with the use of a correcting lens. An eye, which is accompanied by a limitation in the fields of 
vision such that the widest diameter of the visual field subtends an angle no greater than 20 
degrees shall be considered for purposes of this paragraph as having a central visual acuity of 
20/200 or less. 
Section 1416 (excerpt): 
SEC. 1614. [42 U.S.C. 1382c] (a)(1) For purposes of this title, the term “aged, blind, or disabled 
individual” means an individual who— 
(A) is 65 years of age or older, is blind (as determined under paragraph (2)), or is 
disabled (as determined under paragraph (3)), and 
(B)(i) is a resident of the United States, and is either (I) a citizen or (II) an alien lawfully 
admitted for permanent residence or otherwise permanently residing in the United States 
under color of law (including any alien who is lawfully present in the United States as a 
result of the application of the provisions of section 212(d)(5) of the Immigration and 
Nationality Act), or 
(ii) is a child who is a citizen of the United States and, who is living with a parent of the 
child who is a member of the Armed Forces of the United States assigned to permanent 
duty ashore outside the United States. 
(2) An individual shall be considered to be blind for purposes of this title if he has central 
visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye, 
which is accompanied by a limitation in the fields of vision such that the widest diameter 
of the visual field subtends an angle no greater than 20 degrees shall be considered for 
purposes of the first sentence of this subsection as having a central visual acuity of 
20/200 or less. An individual shall also be considered to be blind for purposes of this title 
if he is blind as defined under a State plan approved under title X or XVI as in effect for 
October 1972 and received aid under such plan (on the basis of blindness) for December 
1973, so long as he is continuously blind as so defined. 
(3)(A) Except as provided in subparagraph (C), an individual shall be considered to be 
disabled for purposes of this title if he is unable 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 twelve months.

11-19 
EXHIBIT 11-3: PHA Determination of Exemption for Community Service 
Family: 
 
 
Adult Family Member: 
 
 
This adult family member meets the requirements for being exempted from the PHA’s 
community service requirement for the following reason: 
 62 years of age or older. (Documentation of age in file) 
 Is a person with disabilities and self-certifies below that he or she is unable to comply 
with the community service requirement. (Documentation of HUD definition of disability 
in file) 
Tenant certification: I am a person with disabilities and am unable to comply with the 
community service requirement. 
 
 
 
 
Signature of Family Member 
Date 
 Is the primary caretaker of such an individual in the above category. (Documentation in 
file) 
 Is engaged in work activities. (Employment Verification in file) 
 Is able to meet requirements under a state program funded under part A of title IV of the 
Social Security Act, or under any other welfare program of the state in which the PHA is 
located, including a state-administered welfare-to-work (Documentation in file) 
 Is 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, or under any other welfare 
program of the state in which the PHA is located, including a state-administered welfare-
to-work program and the supplemental nutrition assistance program (SNAP), and has not 
been found by the state or other administering entity to be in noncompliance with such 
program (Documentation in file) 
 
 
 
 
Signature of Family Member 
Date 
 
 
 
 
 
Signature of PHA Official 
Date

11-20 
EXHIBIT 11-4: CSSR Work-Out Agreement 
Date: 
 
 
Noncompliant Adult: 
 
 
Adult Family Member: 
 
 
Community Service & Self-Sufficiency Requirement (CSSR): 
Under Section 12 of the U.S. Housing Act, the ____________________________ (insert name 
of PHA) is required to enforce the community service and self-sufficiency requirement (CSSR). 
Under the CSSR, each nonexempt adult family member residing in public housing must perform 
8 hours per month of community service or self-sufficiency activities. 
Noncompliance:   ________________________ (insert name of PHA) has found that the 
nonexempt individual named above is in noncompliance with the CSSR. This work-out 
agreement is the PHA’s written notification to you of this noncompliance. 
Our records show that for the most recent lease term you were required to perform: 
________ hours of CSSR activities. However, there were ________ hours of verified 
CSSR activities. Therefore, you are in noncompliance for ________ hours. 
__________________________ (insert name of PHA) will not renew the lease at the end of the 
current 12-month lease term unless the head of household and noncompliant adult sign a written 
work-out agreement with ________________________ (insert name of PHA), or the family 
provides written assurance that is satisfactory to ___________________________ (insert name 
of PHA) explaining that the noncompliant adult no longer resides in the unit. The regulations 
require that the work-out agreement include the means through which a noncompliant family 
member will comply with the CSSR requirement. [24 CFR §960.607(c), Notice PIH 2015-12]. 
The terms of the CSSR work-out agreement are on the reverse side of this page. 
Enforcement: Should a family member refuse to sign this CSSR work-out agreement, or fail to 
comply with the terms of this CSSR work-out agreement, or fail to provide satisfactory written 
assurance that the noncompliant adult no longer resides in the unit, _____________________ 
(insert name of PHA) is required to initiate termination of tenancy proceedings at the end of the 
current 12-month lease [24 CFR §966.53(c)].

11-21 
Terms of CSSR Work-Out Agreement 
Noncompliant Adult: 
 
 
Please check one of the below boxes: 
 I [head of household or spouse/cohead] certify that the noncompliant adult named above 
no longer resides in the unit. [Verification attached.] 
 I, the noncompliant adult named above, agree to complete ________ hours in the 
upcoming 12-month lease term. These hours include the _________ hours not fulfilled in 
the most previous lease term, plus the 96 hours for the upcoming lease term. 
Below is a description of means through which I will comply with the CSSR requirement: 
 
 
Description of Activity 
Number of Hours 
1 
 
 
2 
 
 
3 
 
 
4 
 
 
5 
 
 
 
Total Hours 
 
SIGNED AND ATTESTED THIS DATE 
Signature: 
 
 
 
 
Head of Household 
 
Date 
 
 
 
 
 
Noncompliant Adult, if other than Head of Household 
Date 
 
 
 
 
 
PHA Official 
Date

12-1 
Chapter 12  
TRANSFER POLICY 
INTRODUCTION 
This chapter explains the PHA’s transfer policy, based on HUD regulations, HUD guidance, and 
PHA policy decisions. 
This chapter describes HUD regulations and PHA policies related to transfers in four parts: 
Part I: Emergency Transfers. This part describes emergency transfers, emergency 
transfer procedures, and payment of transfer costs. 
Part II: PHA Required Transfers. This part describes types of transfers that may be 
required by the PHA, notice requirements, and payment of transfer costs. 
Part III: Transfers Requested by Residents. This part describes types of transfers that 
may be requested by residents, eligibility requirements, security deposits, payment of 
transfer costs, and handling of transfer requests. 
Part IV: Transfer Processing. This part describes creating a waiting list, prioritizing 
transfer requests, the unit offer policy, examples of good cause, deconcentration, 
transferring to another development and reexamination. 
The PHA may require the tenant to move from the unit under some circumstances.  There are 
also emergency circumstances under which alternate accommodations for the tenant must be 
provided, that may or may not require a transfer. 
The tenant may also request a transfer, such as a request for a new unit as a reasonable 
accommodation. 
The PHA must have specific policies in place to deal with acceptable transfer requests.

12-2 
PART I EMERGENCY TRANSFERS 
12-I.A. OVERVIEW 
HUD categorizes certain situations that require emergency transfers [PH Occ GB, p. 147].  The 
emergency transfer differs from a typical transfer in that it requires immediate action by the 
PHA. 
In the case of a genuine emergency, it may be unlikely that the PHA will have the time or 
resources to immediately transfer a tenant. Due to the immediate need to vacate the unit, placing 
the tenant on a transfer waiting list would not be appropriate. Under such circumstances, if an 
appropriate unit is not immediately available, the PHA should find alternate accommodations for 
the tenant until the emergency passes, or a permanent solution, i.e., return to the unit or transfer 
to another unit, is possible. 
12-I.B. EMERGENCY TRANSFERS 
If the dwelling unit is damaged to the extent that conditions are created which are hazardous to 
life, health, or safety of the occupants, the PHA must offer standard alternative accommodations, 
if available, where necessary repairs cannot be made within a reasonable time [24 CFR 
§966.4(h)]. 
The VAWA 2013 final rule requires the PHA to adopt an emergency transfer plan for victims of 
domestic violence, dating violence, sexual assault, or stalking. 
PHA Policy 
The following are considered emergency circumstances warranting an immediate transfer 
of the tenant or family: 
• Maintenance conditions in the resident’s unit, building or at the site that pose an 
immediate, verifiable threat to the life, health or safety of the resident or family 
members that cannot be repaired or abated within 24 hours. Examples of such unit 
or building conditions would include: a gas leak, no heat in the building during 
the winter, no water, toxic contamination, and serious water leaks. 
• A verified incident of domestic violence, dating violence, sexual assault, or 
stalking. For instances of domestic violence, dating violence, sexual assault, or 
stalking, the threat may be established through documentation outlined in section 
16-VII.D, or by any proof accepted by the PHA. In order to request the 
emergency transfer, the requestor must submit an emergency transfer request 
form (HUD-5383) (Exhibit 16-3 of this ACOP), although the PHA may waive 
this requirement in order to expedite the transfer process. 
• The PHA will immediately process requests for transfers due to domestic 
violence, dating violence, sexual assault, or stalking. The PHA will allow a tenant 
to make an internal emergency transfer under VAWA when a safe unit is 
immediately available. If an internal transfer to a safe unit is not immediately

12-3 
available, the PHA will assist the resident in seeking an external emergency 
transfer either within or outside the PHA’s programs. 
• The PHA has adopted an emergency transfer plan, which is included as Exhibit 
16-3 to this plan. 
12-I.C. EMERGENCY TRANSFER PROCEDURES 
PHA Policy 
If the transfer is necessary because of maintenance conditions, and an appropriate unit is 
not immediately available, the PHA will provide temporary accommodations to the 
tenant by arranging for temporary lodging at a hotel or similar location. If the conditions 
that required the transfer cannot be repaired, or the condition cannot be repaired in a 
reasonable amount of time, the PHA will transfer the resident to the first available and 
appropriate unit after the temporary relocation. 
 
Emergency transfers are mandatory for the tenant. 
 
If the emergency transfer is necessary to protect a victim of domestic violence, dating 
violence, sexual assault, or stalking, the PHA will follow procedures outlined in Exhibit 
16-3. 
12-I.D. COSTS OF TRANSFER 
PHA Policy 
The PHA will bear the reasonable costs of temporarily accommodating the tenant and of 
long term transfers, if any, due to emergency conditions. 
 
The reasonable cost of an emergency transfer may include the lowest quote (usually of 3) 
for movers as approved and agreed to by housing management staff.  Other costs may 
include the fees associated with disconnecting and reestablishment of any existing 
resident paid utility, phone and cable/satellite services if services are in good standing at 
the time of the disconnect.

12-4 
PART II: PHA REQUIRED TRANSFERS 
12-II.A. OVERVIEW 
HUD regulations regarding transfers are minimal, leaving it up to the PHA to develop reasonable 
transfer policies. 
The PHA’s transfer policy must be reasonable, must ensure that families are not discriminated 
against based on race, color, religion, sex, national origin, age, familial status, and disability, and 
must be applied consistently. 
The PHA may require that a resident transfer to another unit under some circumstances.  For 
example, the PHA may require a resident to transfer to make an accessible unit available to a 
disabled family. The PHA may also transfer a resident in order to maintain occupancy standards 
based on family composition. Finally, a PHA may transfer residents in order to demolish or 
renovate the unit. 
A transfer that is required by the PHA is an adverse action, and is subject to the notice 
requirements for adverse actions [24 CFR §966.4(e)(8)(i)]. 
12-II.B. TYPES OF PHA REQUIRED TRANSFERS 
PHA Policy 
The types of transfers that may be required by the PHA, include, but are not limited to, 
transfers to make an accessible unit available for a disabled family, transfers to comply 
with occupancy standards, transfers for demolition, disposition, revitalization, or 
rehabilitation, and emergency transfers as discussed in Part I of this chapter. 
 
Transfers required by the PHA are mandatory for the tenant. 
Transfers to Make an Accessible Unit Available 
When offering an accessible unit to an applicant not having handicaps requiring the accessibility 
features of the unit, the PHA may require the applicant to agree (and may incorporate this 
agreement in the lease) to move to a non-accessible unit when available. [24 CFR §8.27(b)]. 
PHA Policy 
When a tenant who does not require accessibility features for disabled persons accepts an 
accessible unit, the tenant acknowledges and agrees to transfer to a unit without such 
features should another person eligible for housing assistance need the accessible 
dwelling unit.  The tenant further acknowledges the responsibility for all costs associated 
with the transfer to another dwelling unit.

12-5 
Occupancy Standards Transfers 
The PHA may require a resident to move when a reexamination indicates that there has been a 
change in family composition, and the family is either overcrowded or over-housed according to 
PHA policy [24 CFR §960.257(a)(4)]. On some occasions, the PHA may initially place a 
resident in an inappropriately sized unit at lease-up, where the family is over-housed, to prevent 
vacancies. The public housing lease must include the tenant’s agreement to transfer to an 
appropriately sized unit based on family composition [24 CFR §966.4(c)(3)]. 
PHA Policy 
The PHA will transfer a family when the family size has changed and the family is now 
too large (overcrowded) or too small (over-housed) for the unit occupied. 
 
For purposes of the transfer policy, overcrowded and over-housed are defined as follows: 
• Overcrowded: the number of household members exceeds the maximum number 
of persons allowed for the unit size in which the family resides, according to the 
chart in Section 5-I.B. 
• Over-housed: the family no longer qualifies for the bedroom size in which they 
are living based on the PHA’s occupancy standards as described in Section 5-I.B. 
The PHA may also transfer a family who was initially placed in a unit in which the 
family was over-housed to a unit of an appropriate size based on the PHA’s occupancy 
standards, when the PHA determines there is a need for the transfer. 
The PHA may elect not to transfer an over-housed family in order to prevent vacancies. 
A family that is required to move because of family size will be advised by the PHA that 
a transfer is necessary and that the family has been placed on the transfer list. 
Families that request and are granted an exception to the occupancy standards (for either 
a larger or smaller size unit) in accordance with the policies in Section 5-I.C. will only be 
required to transfer if it is necessary to comply with the approved exception. 
Demolition, Disposition, Revitalizations, or Rehabilitation Transfers 
These transfers permit the PHA to demolish, sell or do major capital or rehabilitation work at a 
building site [PH Occ GB, page 148]. 
PHA Policy 
The PHA will relocate a family when the unit or site in which the family lives is 
undergoing major rehabilitation that requires the unit to be vacant, or the unit is being 
disposed of or demolished. The PHA’s relocation plan may or may not require 
transferring affected families to other available public housing units. 
 
If the relocation plan calls for transferring public housing families to other public housing 
units, affected families will be placed on the transfer list.

12-6 
12-II.C. ADVERSE ACTION [24 CFR §966.4(E)(8)(I)] 
A PHA required transfer is an adverse action. As an adverse action, the transfer is subject to the 
requirements regarding notices of adverse actions.  If the family requests a grievance hearing 
within the required timeframe, the PHA may not take action on the transfer until the conclusion 
of the grievance process. 
12-II.D. COST OF TRANSFER 
PHA Policy 
The PHA will bear the reasonable costs of transfers that the PHA requires, except that 
residents will be required to bear the cost of occupancy standard transfers or transfers to 
make an accessible unit available. 
 
The reasonable costs of transfers that the PHA requires to make an accessible unit 
available (see what is on Costs of Transfer for Emergency).

12-7 
PART III: TRANSFERS REQUESTED BY TENANTS 
12-III.A. OVERVIEW 
HUD provides the PHA with discretion to consider transfer requests from tenants. The only 
requests that the PHA is required to consider are requests for reasonable accommodation. All 
other transfer requests are at the discretion of the PHA. To avoid administrative costs and 
burdens, this policy limits the types of requests that will be considered by the PHA. 
Some transfers that are requested by tenants should be treated as higher priorities than others due 
to the more urgent need for the transfer. 
12-III.B. TYPES OF RESIDENT REQUESTED TRANSFERS 
PHA Policy 
The types of requests for transfers that the PHA will consider are limited to requests for 
transfers to alleviate a serious or life threatening medical condition, transfers due to a 
threat of physical harm or criminal activity, reasonable accommodation, transfers to a 
different unit size as long as the family qualifies for the unit according to the PHA’s 
occupancy standards, and transfers to a location closer to employment. No other transfer 
requests will be considered by the PHA. 
 
The PHA will consider the following as high priority transfer requests: 
• When a transfer is needed to alleviate verified medical problems of a serious or 
life-threatening nature 
• When there has been a verified threat of physical harm or criminal activity. Such 
circumstances may, at the PHA’s discretion, include an assessment by law 
enforcement indicating that a family member is the actual or potential victim of a 
criminal attack, retaliation for testimony, or a hate crime. 
• When a family requests a transfer as a reasonable accommodation. Examples of a 
reasonable accommodation transfer include, but are not limited to, a transfer to a 
first floor unit for a person with mobility impairment, or a transfer to a unit with 
accessible features. 
The PHA will consider the following as regular priority transfer requests: 
• When a family requests a larger bedroom size unit even though the family does 
not meet the PHA’s definition of overcrowded, as long as the family meets the 
PHA’s occupancy standards for the requested size unit 
• When the head of household or spouse is employed 25 miles or more from the 
public housing unit, has no reliable transportation and public transportation is not 
adequate. 
Transfers requested by the tenant are considered optional for the tenant.

12-8 
12-III.C. ELIGIBILITY FOR TRANSFER 
Transferring residents do not have to meet the admission eligibility requirements pertaining to 
income or preference.  However, the PHA may establish other standards for considering a 
transfer request [PH Occ GB, p. 150]. 
PHA Policy 
Except where reasonable accommodation is being requested, the PHA will only consider 
transfer requests from residents that meet the following requirements: 
• Have not engaged in criminal activity that threatens the health and safety or 
residents and staff 
• Owe no back rent or other charges, or have a pattern of late payment 
• Have no housekeeping lease violations or history of damaging property 
• Can get utilities turned on in the name of the head of household (applicable only 
to properties with tenant-paid utilities) 
A resident with housekeeping standards violations will not be transferred until the 
resident passes a follow-up housekeeping inspection. 
Exceptions to the good record requirement may be made when it is to the PHA’s 
advantage to make the transfer. 
Exceptions will also be made when the PHA determines that a transfer is necessary to 
protect the health or safety of a resident who is a victim of domestic violence, dating 
violence, sexual assault or stalking and who provides documentation of abuse in 
accordance with Section 16-VII.D of this ACOP. Tenants who are not in good standing 
may still request an emergency transfer under VAWA. 
12-III.D. SECURITY DEPOSITS 
PHA Policy 
When a family transfers from one unit to another, the PHA will transfer their security 
deposit to the new unit. The tenant will be billed for any maintenance or others charges 
due for the “old” unit. 
12-III.E. COST OF TRANSFER 
The PHA must pay moving expenses to transfer a resident with a disability to an accessible unit 
as an accommodation for the resident’s disability [Notice PIH 2010-26]. 
PHA Policy 
Residents who do not substantiate a disability-related need for a reasonable 
accommodation will bear all of the costs of a transfer.

12-9 
12-III.F. HANDLING OF REQUESTS 
PHA Policy 
Residents requesting a transfer to another unit or development will be required to submit 
a written request for transfer. 
 
In order to request the emergency transfer under VAWA, the resident will be required to 
submit an emergency transfer request form (HUD-5383) (Exhibit 16-3 of this ACOP). 
The PHA may, on a case-by-case basis, waive this requirement and accept a verbal 
request in order to expedite the transfer process. If the PHA accepts an individual’s 
statement, the PHA will document acceptance of the statement in the individual’s file in 
accordance with 16-VII.D. of this ACOP. Transfer requests under VAWA will be 
processed in accordance with the PHA’s Emergency Transfer Plan (Exhibit 16-3). 
 
In case of a reasonable accommodation transfer, the PHA will encourage the resident to 
make the request in writing using a reasonable accommodation request form. However, 
the PHA will consider the transfer request any time the resident indicates that an 
accommodation is needed whether or not a formal written request is submitted. 
 
The PHA will respond by approving the transfer and putting the family on the transfer 
list, by denying the transfer, or by requiring more information or documentation from the 
family, such as documentation of domestic violence, dating violence, sexual assault or 
stalking in accordance with section 16-VII.D of this ACOP. 
 
If the family does not meet the “good record” requirements under Section 12-III.C., the 
manager will address the problem and, until resolved, the request for transfer will be 
denied. 
 
The PHA will respond within ten (10) business days of the submission of the family’s 
request. If the PHA denies the request for transfer, the family will be informed of its 
grievance rights.

12-10 
PART IV: TRANSFER PROCESSING 
12-IV.A. OVERVIEW 
Generally, families who request a transfer should be placed on a transfer list and processed in a 
consistent and appropriate order. The transfer process must be clearly auditable to ensure that 
residents do not experience inequitable treatment. 
12-IV.B. TRANSFER LIST 
PHA Policy 
The PHA will maintain a centralized transfer list to ensure that transfers are processed in 
the correct order and that procedures are uniform across all properties. 
 
Emergency transfers will not automatically go on the transfer list. Instead emergency 
transfers will be handled immediately, on a case by case basis. If the emergency cannot 
be resolved by a temporary accommodation, and the resident requires a permanent 
transfer, the family will be placed at the top of the transfer list. 
 
Transfers will be processed in the following order: 
1) Emergency transfers (hazardous maintenance conditions, VAWA) 
2) High-priority transfers (verified medical condition, threat of harm or criminal 
activity, and reasonable accommodation) 
3) Transfers to make accessible units available 
4) Demolition, renovation, etc. 
5) Occupancy standards 
6) Other PHA-required transfers 
7) Other tenant-requested transfers 
Within each category, transfers will be processed in order of the date a family was placed on the 
transfer list, starting with the earliest date. 
With the approval of the executive director, the PHA may, on a case-by-case basis, transfer a 
family without regard to its placement on the transfer list in order to address the immediate need 
of a family in crisis. 
Demolition and renovation transfers will gain the highest priority as necessary to allow the PHA 
to meet the demolition or renovation schedule. 
Transfers will take precedence over waiting list admissions.

12-11 
12-IV.C. TRANSFER OFFER POLICY 
PHA Policy 
Residents will receive one offer of a transfer. 
 
When the transfer is required by the PHA, the refusal of that offer without good cause 
will result in lease termination. 
 
When the transfer has been requested by the resident, the refusal of that offer without 
good cause will result in the removal of the family from the transfer list. In such cases, 
the family must wait six months to reapply for another transfer. 
12-IV.D. GOOD CAUSE FOR UNIT REFUSAL 
PHA Policy 
Examples of good cause for refusal of a unit offer include, but are not limited to, the 
following: 
• The family demonstrates to the PHA’s satisfaction that accepting the unit offer 
will require an adult household member to quit a job, drop out of an educational 
institution or job training program, or take a child out of day care or an 
educational program for children with disabilities. 
• The family demonstrates to the PHA’s satisfaction that accepting the offer will 
place a family member’s life, health or safety in jeopardy. The family should offer 
specific and compelling documentation such as restraining orders, other court 
orders, or risk assessments related to witness protection from a law enforcement 
agency, or documentation of domestic violence, dating violence, sexual assault, or 
stalking in accordance with section 16-VII.D of this ACOP. Reasons offered must 
be specific to the family. Refusals due to location alone do not qualify for this 
good cause exemption. 
• A health professional verifies temporary hospitalization or recovery from illness 
of the principal household member, other household members (as listed on final 
application) or live-in aide necessary to the care of the principal household 
member. 
• The unit is inappropriate for the applicant’s disabilities, or the family does not 
need the accessible features in the unit offered and does not want to be subject to 
a 30-day notice to move. 
The PHA will require documentation of good cause for unit refusals. 
12-IV.E. DECONCENTRATION 
PHA Policy 
If subject to deconcentration requirements, the PHA will consider its deconcentration 
goals when transfer units are offered. When feasible, families above the Established

12-12 
Income Range will be offered a unit in a development that is below the Established 
Income Range, and vice versa, to achieve the PHA’s deconcentration goals. A 
deconcentration offer will be considered a “bonus” offer; that is, if a resident refuses a 
deconcentration offer, the resident will receive one additional transfer offer. 
12-IV.F. REEXAMINATION POLICIES FOR TRANSFERS 
PHA Policy 
The reexamination date will be changed to the first of the month in which the transfer 
took place.

13-1 
Chapter 13  
LEASE TERMINATIONS 
INTRODUCTION 
Either party to the dwelling lease agreement may terminate the lease in accordance with the 
terms of the lease. A public housing lease is different from a private dwelling lease in that the 
family’s rental assistance is tied to their tenancy.  When the family moves from their public 
housing unit, they lose their rental assistance. Therefore, there are additional safeguards to 
protect the family’s tenancy in public housing. 
Likewise, there are safeguards to protect HUD’s interest in the public housing program. The 
PHA has the authority to terminate the lease because of the family’s failure to comply with HUD 
regulations, for serious or repeated violations of the terms of the lease, and for other good cause. 
HUD regulations also specify when termination of the lease is mandatory by the PHA. 
When determining PHA policy on terminations of the lease, the PHA must consider state and 
local landlord-tenant laws in the area where the PHA is located. Such laws vary from one 
location to another, and these variances may be either more or less restrictive than federal law or 
HUD regulation. 
This chapter presents the policies that govern voluntary termination of the lease by the family 
and the mandatory and voluntary termination on the lease by the PHA. It is presented in four 
parts: 
Part I: Termination by Tenant. This part discusses the PHA requirements for voluntary 
termination of the lease by the family. 
Part II: Termination by PHA - Mandatory. This part describes circumstances when 
termination of the lease by the PHA is mandatory. This part also explains nonrenewal of 
the lease for noncompliance with community service requirements. 
Part III: Termination by PHA – Other Authorized Reasons. This part describes the 
PHA’s options for lease termination that are not mandated by HUD regulation but for 
which HUD authorizes PHAs to terminate. For some of these options HUD requires the 
PHA to establish policies and lease provisions for termination, but termination is not 
mandatory. For other options the PHA has full discretion whether to consider the options 
as just cause to terminate as long as the PHA policies are reasonable, nondiscriminatory, 
and do not violate state or local landlord-tenant law. This part also discusses the 
alternatives that the PHA may consider in lieu of termination, and the criteria the PHA 
will use when deciding what actions to take. 
Part IV: Notification Requirements. This part presents the federal requirements for 
disclosure of criminal records to the family prior to termination, the HUD requirements 
and PHA policies regarding the timing and content of written notices for lease

13-2 
termination and eviction, and notification of the post office when eviction is due to 
criminal activity. This part also discusses record keeping related to lease termination.

13-3 
PART I: TERMINATION BY TENANT 
13-I.A. TENANT CHOOSES TO TERMINATE THE LEASE [24 CFR §966.4(K)(1)(II) 
AND 24 CFR §966.4(L)(1)] 
The family may terminate the lease at any time, for any reason, by following the notification 
procedures as outlined in the lease. Such notice must be in writing and delivered to the property 
site office or the PHA central office or sent by pre-paid first-class mail, properly addressed. 
PHA Policy 
If a family desires to move and terminate their tenancy with the PHA, they must give at 
least 30 calendar days advance written notice to the PHA of their intent to vacate. When a 
family must give less than 30 days’ notice due to circumstances beyond their control the 
PHA, at its discretion, may waive the 30-day requirement. 
 
The notice of lease termination must be signed by the head of household, spouse, or 
cohead.

13-4 
PART II: TERMINATION BY PHA – MANDATORY 
13-II.A. OVERVIEW 
HUD requires mandatory termination of the lease for certain actions or inactions of the family.  
There are other actions or inaction is of the family that constitutes grounds for lease termination, 
but the lease termination is not mandatory.  The PHA must establish policies for termination of 
the lease in these cases where termination is optional for the PHA. 
For those tenant actions or failures to act where HUD requires termination, the PHA has no such 
option. In those cases, the family’s lease must be terminated. This part describes situations in 
which HUD requires the PHA to terminate the lease. 
13-II.B. FAILURE TO PROVIDE CONSENT [24 CFR §960.259(A) AND (B)] 
The PHA must terminate the lease if any family member fails to sign and submit any consent 
form s/he is required to sign for any reexamination.  See Chapter 7 for a complete discussion of 
consent requirements. 
13-II.C. FAILURE TO DOCUMENT CITIZENSHIP [24 CFR §5.514(C) AND (D) AND 24 
CFR §960.259(A)] 
The PHA must terminate the lease if (1) a family fails to submit required documentation within 
the required timeframe concerning any family member’s citizenship or immigration status; (2) a 
family submits evidence of citizenship and eligible immigration status in a timely manner, but 
United States Citizenship and Immigration Services (USCIS) primary and secondary verification 
does not verify eligible immigration status of the family, resulting in no eligible family members; 
or (3) a family member, as determined by the PHA, has knowingly permitted another individual 
who is not eligible for assistance to reside (on a permanent basis) in the unit. For (3), such 
termination must be for a period of at least 24 months. This does not apply to ineligible 
noncitizens already in the household where the family’s assistance has been prorated. 
See Chapter 7 for a complete discussion of documentation requirements. 
13-II.D. FAILURE TO DISCLOSE AND DOCUMENT SOCIAL SECURITY NUMBERS 
[24 CFR §5.218(C), 24 CFR §960.259(A)(3), NOTICE PIH 2018-24] 
The PHA must terminate assistance if a participant family fails to disclose the complete and 
accurate social security numbers of each household member and the documentation necessary to 
verify each social security number. 
However, if the family is otherwise eligible for continued program assistance, and the PHA 
determines that the family’s failure to meet the SSN disclosure and documentation requirements 
was due to circumstances that could not have been foreseen and were outside of the family’s 
control, the PHA may defer the family’s termination and provide the opportunity to comply with

13-5 
the requirement within a period not to exceed 90 calendar days from the date the PHA 
determined the family to be noncompliant. 
PHA Policy 
The PHA will defer the family’s termination and provide the family with the opportunity 
to comply with the requirement for a period of 90 calendar days for circumstances 
beyond the participant’s control such as delayed processing of the SSN application by the 
SSA, natural disaster, fire, death in the family, or other emergency, if there is a 
reasonable likelihood that the participant will be able to disclose an SSN by the deadline. 
 
See Chapter 7 for a complete discussion of documentation and certification requirements. 
13-II.E. FAILURE TO ACCEPT THE PHA’S OFFER OF A LEASE REVISION [24 CFR 
§966.4(L)(2)(II)(E)] 
The PHA must terminate the lease if the family fails to accept the PHA’s offer of a lease revision 
to an existing lease, provided the PHA has done the following: 
• The revision is on a form adopted by the PHA in accordance with 24 CFR §966.3 
pertaining to requirements for notice to tenants and resident organizations and their 
opportunity to present comments. 
• The PHA has made written notice of the offer of the revision at least 60 calendar days 
before the lease revision is scheduled to take effect. 
• The PHA has specified in the offer a reasonable time limit within that period for 
acceptance by the family. 
See Chapter 8 for information pertaining to PHA policies for offering lease revisions. 
13-II.F. METHAMPHETAMINE CONVICTION [24 CFR §966.4(L)(5)(I)(A)] 
The PHA must immediately terminate the lease if the PHA determines that any household 
member has ever been convicted of the manufacture or production of methamphetamine on the 
premises of federally-assisted housing. 
See Part 13-III.B. below for the HUD definition of premises. 
13-II.G. LIFETIME REGISTERED SEX OFFENDERS (PIH NOTICE 2012-28) 
Should a PHA discover that a member of an assisted household was subject to a lifetime 
registration requirement at admission and was erroneously admitted after June 25, 2001, the 
PHA must immediately terminate assistance for the household member. 
In this situation, the PHA must offer the family the opportunity to remove the ineligible family 
member from the household. If the family is unwilling to remove that individual from the 
household, the PHA must terminate assistance for the household.

13-6 
13-II.H. NONCOMPLIANCE WITH COMMUNITY SERVICE REQUIREMENTS [24 
CFR §966.4(L)(2)(II)(D), 24 CFR §960.603(B) AND 24 CFR §960.607(B)(2)(II) 
AND (C)] 
The PHA is prohibited from renewing the lease at the end of the 12 month lease term when the 
family fails to comply with the community service requirements as described in Chapter 11. 
13-II.I DEATH OF A SOLE FAMILY MEMBER [PIH NOTICE 2010-3; PIH NOTICE 
2010-50] 
The PHA must immediately terminate the lease following the death of the sole family member. 
• The PHA should confirm the death through EIV Deceased report or with the family’s 
head of household or listed emergency contact person.  
If the individual is deceased and the only household member (single member household), the 
PHA should complete an End of Participation (EOP) action on form HUD-50058, and 
discontinue assistance and/or tenancy.  
If there are remaining household members, update the family composition accordingly, complete 
an Interim Reexamination action on form HUD-50058, and take any other action in accordance 
with HUD guidance and PHA-established policies. 
If there are unauthorized persons (including a live-in aide) in the unit of a deceased single 
member household you must pursue judicial intervention to have them lawfully removed from 
the unit. You may be found liable for a wrongful eviction if you change the locks on the unit to 
prevent the unauthorized occupants from entering the unit. Follow your local Tenant and 
Landlord laws to regain possession of the unit. 
Upon notification of the death, either by HUD’s EIV system or a third party, the family or 
designee of the deceased tenant’s estate should be allotted a minimum of fourteen (14) 
consecutive days to remove personal belongings from the unit in accordance with the guidance 
below. This guidance is designed to afford families a reasonable time frame to remove personal 
belongings from the public housing unit and enable the PHA to prepare the unit, as quickly as 
possible, for occupancy by the next eligible family in need of affordable housing.   
While there is no HUD requirement for the time frame allotted to the family or designee of the 
deceased tenant’s estate, HUD recommends an allotted time frame of fourteen (14) consecutive 
days, beginning the day after the date of notification, for the family or designee of the 
descendant’s estate to remove personal belongings from the public housing unit unless: 
1) There is a state or local law, which requires a shorter or longer time frame to remove 
personal belongings. In those instances, the PHA must comply with local and/or state 
law; or 
2) The rent has been paid for the month in which the death occurs, in advance of the date of 
death. In those instances, the family or designee of the deceased tenant’s estate should be

13-7 
allotted time through the end of the month in which the rent has been paid, or fourteen 
consecutive days from the date the PHA is notified of the death, whichever is greater. 
(a) 
Example 1:  As of August 1, 2010, Joe Jones has paid rent through August 31, 
2010. Mr. Jones died on August 22, 2010, and the PHA is notified of 
the death by Mr. Jones’ sister on August 23, 2010. The family or 
designee of the deceased tenant’s estate has until September 6, 2010, 
to remove personal belongings from the unit, unless state or local 
landlord laws authorize a shorter or longer time period. 
(b) 
Example 2: As of August 1, 2010, Mary Smith has paid rent through September 
30, 2010. Ms. Smith died on August 22, 2010, and the PHA is notified 
of the death by a 3rd party on August 24, 2010. The family or designee 
of the deceased tenant’s estate has until September 30, 2010, to 
remove personal belongings from the unit unless state or local landlord 
laws authorize a shorter or longer time period. 
(c) 
Example 3: As of August 1, 2010, John Doe has not paid rent for August 2010. Mr. 
Doe died on August 10, 2010, and the PHA is notified of the death by 
Mr. Doe’s friend on August 12, 2010. The family or designee of the 
deceased tenant’s estate has until August 26, 2010, to remove personal 
belongings from the unit, unless state or local landlord laws authorize 
a shorter or longer time period. 
PHAs are reminded to comply with local and state established tenant-landlord laws with respect 
to lease termination, possession of premises upon death and removal of personal belongings from 
the public housing unit.

13-8 
PART III: TERMINATION BY PHA – OTHER AUTHORIZED REASONS 
13-III.A. OVERVIEW 
Besides requiring PHAs to terminate the lease under the circumstances described in Part II, HUD 
requires the PHA to establish provisions in the lease for termination pertaining to certain 
criminal activity, alcohol abuse, and certain household obligations stated in the regulations. 
While these provisions for lease termination must be in the lease agreement, HUD does not 
require PHAs to terminate for such violations in all cases. The PHA has the discretion to 
consider circumstances surrounding the violation or, in applicable situations, whether the 
offending household member has entered or completed rehabilitation, and the PHA may, as an 
alternative to termination, require the exclusion of the culpable household member. The PHA 
must adopt policy decisions concerning the use of these options. 
In addition, HUD authorizes PHAs to terminate the lease for other grounds, but for only those 
grounds that constitute serious or repeated violations of material terms of the lease or for other 
good cause. The PHA must develop policies pertaining to what constitutes serious or repeated 
lease violations, and other good cause, based upon the content of the PHA lease. In the 
development of the terms of the lease, the PHA must consider the limitations imposed by state 
and local landlord-tenant law, as well as HUD regulations and federal statutes. Because of 
variations in state and local landlord-tenant law, and because HUD affords PHAs wide discretion 
in some areas, a broad range of policies could be acceptable. 
The PHA also has the option to terminate the tenancies of families who are over income. 
The PHA may consider alternatives to termination and must establish policies describing the 
criteria the PHA will use when deciding what action to take, the types of evidence that will be 
acceptable, and the steps the PHA must take when terminating a family’s lease. 
13-III.B. MANDATORY LEASE PROVISIONS [24 CFR §966.4(L)(5)] 
This section addresses provisions for lease termination that must be included in the lease 
agreement according to HUD regulations. Although the provisions are required, HUD does not 
require PHAs to terminate for such violations in all cases, therefore PHA policies are needed. 
Definitions [24 CFR §5.100] 
The following definitions will be used for this and other parts of this chapter: 
Affiliated individual is defined in Section 16-VII.B. 
Covered person means a tenant, any member of the tenant’s household, a guest, or another 
person under the tenant’s control. 
Dating violence is defined in Section 3-III.F. 
Domestic violence is defined in Section 3-III.F.

13-9 
Drug means a controlled substance as defined in section 102 of the Controlled Substances Act 
[21 U.S.C. 802]. 
Drug-related criminal activity means the illegal manufacture, sale, distribution, or use of a drug, 
or the possession of a drug with the intent to manufacture, sell, distribute, or use the drug. 
Guest means a person temporarily staying in the unit with the consent of a tenant or other 
member of the household who has express or implied authority to so consent on behalf of the 
tenant. 
Household means the family and PHA-approved live-in aide. The term household also includes 
foster children and/or foster adults that have been approved to reside in the unit [HUD-50058, 
Instruction Booklet, p. 65]. 
Affiliated individual is defined in Section 3-III.F. 
Other person under the tenant’s control means that the person, although not staying as a guest in 
the unit, is, or was at the time of the activity in question, on the premises because of an invitation 
from the tenant or other member of the household who has express or implied authority to so 
consent on behalf of the tenant. Absent evidence to the contrary, a person temporarily and 
infrequently on the premises solely for legitimate commercial purposes is not under the tenant’s 
control. 
Premises means the building or complex or development in which the public or assisted housing 
dwelling unit is located, including common areas and grounds. 
Sexual assault is defined in Section 16-VII.B. 
Stalking is defined in Section 16-VII.B. 
Violent criminal activity means any criminal activity that has as one of its elements the use, 
attempted use, or threatened use of physical force substantial enough to cause, or be reasonably 
likely to cause, serious bodily injury or property damage. 
Drug Crime On or Off the Premises [24 CFR §966.4(l)(5)(i)(B)] 
The lease must provide that drug-related criminal activity engaged in on or off the premises by 
the tenant, member of the tenant’s household or guest, or any such activity engaged in on the 
premises by any other person under the tenant’s control is grounds for termination. 
PHA Policy 
The PHA will terminate the lease for drug-related criminal activity engaged in, on, or off 
the premises by any tenant, member of the tenant’s household or guest, and any such 
activity engaged in on the premises by any other person under the tenant’s control.

13-10 
The PHA will consider all credible evidence, including but not limited to, Police Reports, 
any record of arrests or convictions of covered persons related to the drug-related 
criminal activity. 
 
A record or records of arrest will not be used as the sole basis for the termination or proof 
that the participant engaged in disqualifying criminal activity. 
In making its decision to terminate the lease, the PHA will consider alternatives as described in 
Section 13-III.D and other factors as described in Section 13-III.E. Upon consideration of such 
alternatives and factors, the PHA may, on a case-by-case basis, choose not to terminate the lease. 
Illegal Use of a Drug [24 CFR §966.4(l)(5)(i)(B)] 
The lease must provide that a PHA may evict a family when the PHA determines that a 
household member is illegally using a drug or that a pattern of illegal use of a drug interferes 
with the health, safety, or right to peaceful enjoyment of the premises by other residents. 
PHA Policy 
The PHA will terminate the lease when the PHA determines that a household member is 
illegally using a drug or the PHA determines that a pattern of illegal use of a drug 
interferes with the health, safety, or right to peaceful enjoyment of the premises by other 
residents. 
 
A pattern of illegal drug use means more than one incident of any use of illegal drugs 
during the previous six-6 months. 
 
The PHA will consider all credible evidence, including but not limited to, Police Reports, 
or any record of arrests or convictions of household members related to the use of illegal 
drugs. 
 
A record or records of arrest will not be used as the sole basis for the termination or proof 
that the participant engaged in disqualifying criminal activity. 
 
In making its decision to terminate the lease, the PHA will consider alternatives as 
described in Section 13-III.D and other factors as described in Section 13-III.E. Upon 
consideration of such alternatives and factors, the PHA may, on a case-by-case basis, 
choose not to terminate the lease. 
 
State laws purporting to legalize medical and recreational marijuana directly conflict with 
the admission and continued requirements of the Quality Housing and Work 
Responsibility Act of 1998 (“Public Housing Reform Act”) and are thus subject to 
preemption. [September 24, 1999 HUD Letter Re: Medical Use of Marijuana] 
PHA Policy 
The use, possession, or growing of marijuana by any household member on the 
premises of a subsidized unit is grounds for termination of assistance. The

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“premises” includes, but is not limited to, the interior and exterior of the 
subsidized unit, patio/balcony, sidewalks, walkways, recreation areas/common 
areas, laundry room, parking lot, etc.). 
 
Household members with a “medical marijuana card” are not exempt from this 
rule. 
The use of marijuana may include smoking, edibles, or other forms of the drug. 
Threat to Other Residents [24 CFR §966.4(l)(5)(ii)(A)] 
The lease must provide that any criminal activity by a covered person that threatens the health, 
safety, or right to peaceful enjoyment of the premises by other residents (including PHA 
management staff residing on the premises) or by persons residing in the immediate vicinity of 
the premises are grounds for termination of tenancy. 
PHA Policy 
The PHA will terminate the lease when a covered person engages in any criminal activity 
that threatens the health, safety, or right to peaceful enjoyment of the premises by other 
residents (including PHA management staff residing on the premises) or by persons 
residing in the immediate vicinity of the premises. 
 
Immediate vicinity means within a three-block radius of the premises. 
 
The PHA will consider all credible evidence, including but not limited to, Police Reports, 
any record of arrests or convictions of covered persons related to the criminal activity. 
 
In making its decision to terminate the lease, the PHA will consider alternatives as 
described in Section 13-III.D and other factors as described in Sections 13-III.E and 
13-III.F. Upon consideration of such alternatives and factors, the PHA may, on a case-by-
case basis, choose not to terminate the lease. 
Alcohol Abuse [24 CFR §966.4(l)(5)(vi)(A)] 
PHAs must establish standards that allow termination of tenancy if the PHA determines that a 
household member has engaged in abuse or pattern of abuse of alcohol that threatens the health, 
safety, or right to peaceful enjoyment of the premises by other residents. 
PHA Policy 
The PHA will terminate the lease if the PHA determines that a household member has 
engaged in abuse or a pattern of abuse of alcohol that threatens the health, safety, or right 
to peaceful enjoyment of the premises by other residents. 
 
A pattern of such alcohol abuse means more than one incident of any such abuse of 
alcohol during the previous six months.

13-12 
The PHA will consider all credible evidence, including but not limited to, Police Reports, 
any record of arrests or convictions of household members related to the abuse of 
alcohol. 
 
In making its decision to terminate the lease, the PHA will consider alternatives as 
described in Section 13-III.D and other factors as described in Sections 13-III.E and 
13-III.F. Upon consideration of such alternatives and factors, the PHA may, on a case-by-
case basis, choose not to terminate the lease. 
Furnishing False or Misleading Information Concerning Illegal Drug Use or Alcohol Abuse 
or Rehabilitation [24 CFR §966.4(l)(5)(vi)(B)] 
PHAs must establish standards that allow termination of tenancy if the PHA determines that a 
household member has furnished false or misleading information concerning illegal drug use, 
alcohol abuse, or rehabilitation of illegal drug users or alcohol abusers. 
PHA Policy 
The PHA will terminate the lease if the PHA determines that a household member has 
furnished false or misleading information concerning illegal drug use, alcohol abuse, or 
rehabilitation of illegal drug users or alcohol abusers. 
 
The PHA will consider all credible evidence, including but not limited to, Police Reports, 
any record of arrests or convictions of household members related to the use of illegal 
drugs or the abuse of alcohol, and any records or other documentation (or lack of records 
or documentation) supporting claims of rehabilitation of illegal drug users or alcohol 
abusers. 
 
In making its decision to terminate the lease, the PHA will consider alternatives as 
described in Section 13-III.D and other factors as described in Section 13-III.E. Upon 
consideration of such alternatives and factors, the PHA may, on a case-by-case basis, 
choose not to terminate the lease. 
Other Serious or Repeated Violations of Material Terms of the Lease – Mandatory Lease 
Provisions [24 CFR §966.4(l)(2)(i) and 24 CFR §966.4(f)] 
HUD regulations require certain tenant obligations to be incorporated into the lease. Violations 
of such regulatory obligations are considered to be serious or repeated violations of the lease and 
grounds for termination. Incidents of actual or threatened domestic violence, dating violence, 
sexual assault, or stalking may not be construed as serious or repeated violations of the lease by 
the victim or threatened victim of such violence or stalking [Pub.L. 109-162]; [24 CFR 
§5.2005(c)(1)]. 
PHA Policy 
The PHA will terminate the lease for the following violations of tenant obligations under 
the lease:

13-13 
Failure to make payments due under the lease, including nonpayment of rent (see Chapter 
8 for details pertaining to lease requirements for payments due); 
 
Repeated late payment of rent or other charges: four (4) late payments within the last 
lease period shall constitute a repeated late payment. 
 
Failure to fulfill the following household obligations: 
• Not to assign the lease or to sublease the dwelling unit. Subleasing includes 
receiving payment to cover rent and utility costs by a person living in the unit who 
is not listed as a family member. 
• Not to provide accommodations for boarders or lodgers. 
• To use the dwelling unit solely as a private dwelling for the tenant and the tenant’s 
household as identified in the lease, and not to use or permit its use for any other 
purpose. 
• To abide by necessary and reasonable regulations promulgated by the PHA for the 
benefit and well-being of the housing project and the tenants, which shall be 
posted in the project office and incorporated by reference in the lease. 
• To comply with all obligations imposed upon tenants by applicable provisions of 
building and housing codes materially affecting health and safety. 
• To keep the dwelling unit and such other areas as may be assigned to the tenant for 
the tenant’s exclusive use in a clean and safe condition. 
• To dispose of all ashes, garbage, rubbish, and other waste from the dwelling unit in 
a sanitary and safe manner. 
• To use only in a reasonable manner all electrical, plumbing, sanitary, heating, 
ventilating, air-conditioning and other facilities and appurtenances including 
elevators. 
• To refrain from, and to cause the household and guests to refrain from destroying, 
defacing, damaging, or removing any part of the dwelling unit or project 
• To pay reasonable charges (other than for normal wear and tear) for the repair of 
damages to the dwelling unit, or to the project (including damages to project 
buildings, facilities or common areas) caused by the tenant, a member of the 
household or a guest 
• To act, and cause household members or guests to act, in a manner which will not 
disturb other residents’ peaceful enjoyment of their accommodations and will be 
conducive to maintaining the project in a decent, safe and sanitary condition 
In making its decision to terminate the lease, the PHA will consider alternatives as 
described in Section 13-III.D and other factors as described in Sections 13-III.E and 13-
III.F. Upon consideration of such alternatives and factors, the PHA may, on a case-by-case 
basis, choose not to terminate the lease.

13-14 
13-III.C. OTHER AUTHORIZED REASONS FOR TERMINATION [24 CFR 
§966.4(L)(2) AND (5)(II)(B); §5.851-§5.861] 
HUD authorizes PHAs to terminate the lease for reasons other than those described in the 
previous sections. These reasons are referred to as “other good cause.” 
Other Good Cause [24 CFR §966.4(l)(2)(ii)(B) and (C)] 
HUD regulations state that the PHA may terminate tenancy for other good cause. The regulations 
provide a few examples of other good cause, but do not limit the PHA to only those examples. 
The Violence against Women Reauthorization Act of 2013 explicitly prohibits PHAs from 
considering incidents of actual or threatened domestic violence, dating violence, sexual assault, 
or stalking as “other good cause” for terminating the tenancy or occupancy rights of the victim of 
such violence. 
PHA Policy 
The PHA will terminate the lease for the following reasons. 
• Fugitive Felon or Parole Violator.  If a tenant is 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, 
or that, in the case of the State of New Jersey, is a high misdemeanor; or violating 
a condition of probation or parole imposed under federal or state law. 
• Persons subject to sex offender registration requirement. If any member of the 
household has, during their current public housing tenancy, become subject to a 
registration requirement under a state sex offender registration program. 
• Discovery of facts after admission to the program that would have made the 
tenant ineligible 
• Discovery of material false statements or fraud by the tenant in connection with 
an application for assistance or with reexamination of income 
• Failure to furnish such information and certifications regarding family 
composition and income as may be necessary for the PHA to make determinations 
with respect to rent, eligibility, and the appropriateness of the dwelling unit size 
• Failure to transfer to an appropriate size dwelling unit based on family 
composition, upon appropriate notice by the PHA that such a dwelling unit is 
available 
• Failure to permit access to the unit by the PHA after proper advance notification 
for the purpose of performing routine inspections and maintenance, for making 
improvements or repairs, or to show the dwelling unit for re-leasing, or without 
advance notice if there is reasonable cause to believe that an emergency exists 
• Failure to promptly inform the PHA of the birth, adoption, or court-awarded 
custody of a child. In such a case, promptly means within 10 business days of the 
event.

13-15 
• Failure to abide by the provisions of the PHA pet policy 
• If the family has breached the terms of a repayment agreement entered into with 
the PHA 
• If a family member has violated federal, state, or local law that imposes 
obligations in connection with the occupancy or use of the premises. 
• If a household member has engaged in or threatened violent or abusive behavior 
toward PHA personnel. 
− Abusive or violent behavior towards PHA personnel includes verbal as well as 
physical abuse or violence. Use of racial epithets, or other language, written or 
oral, that is customarily used to intimidate may be considered abusive or 
violent behavior. 
− Threatening refers to oral or written threats or physical gestures that 
communicate intent to abuse or commit violence. 
In making its decision to terminate the lease, the PHA will consider alternatives as 
described in Section 13-III.D and other factors described in Sections 13-III.E and 13-
III.F. Upon consideration of such alternatives and factors, the PHA may, on a case-by-
case basis, choose not to terminate the lease. 
Family Absence from Unit [24 CFR §982.551(i)] 
It is reasonable that the family may be absent from the public housing unit for brief periods. 
However, the PHA needs a policy on how long the family may be absent from the unit. Absence 
in this context means that no member of the family is residing in the unit. 
PHA Policy 
The family must supply any information or certification requested by the PHA to verify 
that the family is living in the unit, or relating to family absence from the unit, including 
any PHA-requested information or certification on the purposes of family absences. The 
family must cooperate with the PHA for this purpose. 
 
The family must promptly notify the PHA when all family members will be absent from 
the unit for an extended period. An extended period is defined as any period greater than 
30 calendar days. In such a case promptly means within 10 business days of the start of 
the extended absence. 
 
If a family is absent from the public housing unit for more than 30 consecutive days, and 
the family does not adequately verify that they are living in the unit; the PHA will 
terminate the lease for other good cause. 
 
Abandonment of the unit. If the family appears to have vacated the unit without giving 
proper notice, the PHA will follow state and local landlord-tenant law pertaining to 
abandonment before taking possession of the unit. If necessary, the PHA will secure the 
unit immediately to prevent vandalism and other criminal activity.

13-16 
Over-Income Families [24 CFR §960.261 and FR 7/26/2018; PIH Notice 2019-11] 
A. Subject to certain restrictions, HUD authorizes PHAs to evict or terminate the tenancies 
of families because they are over income. Unless required to do so by local law, the PHA 
may not evict or terminate the tenancy of a family solely because the family is over 
income if: (1) the family has a valid contract of participation in the Family Self-
Sufficiency (FSS) program, or (2) the family is currently receiving the earned income 
disallowance. This rule does not require PHAs to evict over-income residents, but rather 
gives PHAs the discretion to do so thereby making units available for applicants who are 
income-eligible. 
B. The Housing Opportunity Through Modernization Act (HOTMA) of 2016 placed an 
income limitation on public housing tenancies.  The over-income requirement states that 
after a family’s adjusted income has exceeded 120 percent of area median income (AMI) 
(or a different limitation established by the secretary) for two consecutive years, the PHA 
must either terminate the family’s tenancy within six months of the determination, or 
charge the family a monthly rent that is the higher of the applicable fair market rent 
(FMR) or the amount of monthly subsidy for the unit, including amounts from the 
operating and capital funds, as determined by regulations. 
Notice PIH 2019-11 also requires that PHAs publish over-income limits in their ACOP and 
update them no later than 60 days after HUD publishes new income limits each year. The over-
income limit is calculated by multiplying the very low-income limit (VLI) by 2.4, as adjusted for 
family size. 
PHAs also have discretion, under 24 CFR §960.261, to adopt policies allowing termination of 
tenancy for families whose income exceeds the limit for program eligibility. Such policies would 
exempt families participating in the Family Self-Sufficiency (FSS) program or currently 
receiving the earned income disallowance. 
PHA Policy 
The PHA will evict or terminate the tenancies of families if they continue to exceed the 
over income limit for a period of two years. 
 
At annual or interim reexamination, if a family’s adjusted income exceeds the applicable 
over-income limit, the PHA will document the family file and begin tracking the family’s 
over-income status. 
 
If one year after the applicable annual or interim reexamination the family’s income 
continues to exceed the applicable over-income limit, the PHA will notify the family in 
writing that their income has exceeded the over-income limit for one year, and that if the 
family continues to be over-income for 12 consecutive months, the family will be subject 
to the PHA’s over-income policies. 
 
HUD allows for PHAs to terminate assistance after two years of a family consistently 
exceeding the over-income limit for their household size. COCHRD will monitor the

13-17 
family’s over-income status for the entire two years and the family will be notified of 
their status at each point of the process during the two years.  
 
If the family continues to be over-income at the end of the two-year period, then the 
family will be given a final 30-day notice of termination of assistance based on the 
income information on file.  
 
If the family’s income should change before the termination date to the point where the 
family is no longer over income, COCHRD will void the termination. The over-income 
limits are updated when the new income limits are announced by HUD each year. 
 
** Future Guidance. Section 103 of HOTMA requires HUD to issue a proposed rule, 
which will include guidelines on how PHAs are to set their rent policies for over-income 
families after the two-year grace period for being over-income has ended (PIH Notice 
2019-11). 
 
If, at any time, an over-income family experiences a decrease in income, the family may 
request an interim redetermination of rent in accordance with PHA policy. If, as a result, 
the previously over-income family is now below the over-income limit, the family is no 
longer subject to over-income provisions as of the effective date of the recertification. 
The PHA will notify the family in writing that over-income policies no longer apply to 
them. If the family’s income later exceeds the over-income limit again, the family is 
entitled to a new two-year grace period. 
 
The PHA will begin tracking over-income families once these policies have been 
adopted, but no later than March 24, 2019** 
 
** Additionally, the requirement to submit an annual report on the number of over-
income families and the number of families on the public housing waiting lists will be 
made effective through a separate PIH notice. 
 
The PHA will rely on the following over-income limits. These numbers will be updated 
within 60 days of HUD publishing new income limits each year and will be effective for 
all annual and interim reexaminations once these policies have been adopted.  (HUD 
issued guidance forthcoming.) 
 
Annually, HUD publishes the annual update to Income Limits. As this ACOP and the 
Annual Agency Plan must be submitted to HUD no later than April 17 of each year, 
Income limits and Over-income limits  will be updated outside of this policy update.    
COCHRD will maintain program Income Limits and Over Income Limits in a separate 
schedule.   
Flat rents are incorporated in this policy as set by HUD Final Rules, Notices and 
regulatory requirement. See Notice PIH 2021-27 for most recent flat rent policy.

13-18 
This schedule will be posted in a conspicuous location in the PHA lobby and will be 
available upon request. 
 
Family Size 
1 
2 
3 
4 
5 
6 
7 
8 
VLI 
$27,650  
$31,600  
$35,550  
$39,500  
$42,700  
$45,850  
$49,000  
$52,150  
Over-Income 
Limit 
(2.4 
adjustment) 
$66,360  
$75,840  
$85,320  
$94,800  
$102,480  
$110,040  $117,600  $125,160  
The over-income limit is calculated by multiplying the very low-income limit (VLI) by 
2.4, as adjusted for family size. 
For families larger than 8 persons, the over-income limit will be calculated by 
multiplying the applicable very-low income limit by 2.4. 
13-III.D. ALTERNATIVES TO TERMINATION OF TENANCY FOR CRIMINAL 
ACTIVITY OR ALCOHOL ABUSE 
Exclusion of Culpable Household Member [24 CFR §966.4(l)(5)(vii)(C)] 
As an alternative to termination of the lease for criminal activity or alcohol abuse HUD provides 
that the PHA may consider exclusion of the culpable household member. Such an alternative can 
be used, by PHA policy, for any other reason where such a solution appears viable in accordance 
with PHA policy. 
PHA Policy 
The PHA will consider requiring the tenant to exclude a household member in order to 
continue to reside in the assisted unit, where that household member has participated in 
or been culpable for action or failure to act that warrants termination. 
 
As a condition of the family’s continued occupancy, the head of household must certify 
that the culpable household member has vacated the unit and will not be permitted to visit 
or to stay as a guest in the assisted unit. The family must present evidence of the former 
household member’s current address upon PHA request. 
Repayment of Family Debts 
PHA Policy 
If a family owes amounts to the PHA, as a condition of continued occupancy, the PHA 
will require the family to repay the full amount or to enter into a repayment agreement, 
within 30 days of receiving notice from the PHA of the amount owed. See Chapter 16 for 
policies on repayment agreements.

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13-III.E. CRITERIA FOR DECIDING TO TERMINATE TENANCY 
A PHA that has grounds to terminate a tenancy is not required to do so, except as explained in 
Part II of this chapter, and may consider all of the circumstances relevant to a particular case 
before making a decision. 
Evidence [24 CFR §982.553(c)] 
For criminal activity, HUD permits the PHA to terminate the lease if a preponderance of the 
evidence indicates that a household member has engaged in the activity, regardless of whether 
the household member has been arrested or convicted, and without satisfying the standard of 
proof used for a criminal conviction. 
PHA Policy 
The PHA will use the preponderance of the evidence as the standard for making all 
termination decisions. 
 
Preponderance of the 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. 
 
Preponderance of the evidence may not be determined by the number of witnesses, but by 
the greater weight of all evidence. 
The fact that an applicant or tenant was arrested for a disqualifying offense shall not be treated or 
regarded as proof that the applicant or tenant engaged in disqualifying criminal activity. The 
arrest may, however, trigger an investigation to determine whether the applicant or tenant 
actually engaged in disqualifying criminal activity. As part of its investigation, CCHRD may 
obtain the police report associated with the arrest and consider the reported circumstances of the 
arrest. CCHRD may also consider any statements made by witnesses or the applicant or tenant 
not included in the police report; whether criminal charges were filed; whether, if filed, criminal 
charges were abandoned, dismissed, not prosecuted, or ultimately resulted in an acquittal; and 
any other evidence relevant to determining whether or not the applicant or tenant engaged in 
disqualifying activity. [PIH Notice 2015-19] 
Consideration of Circumstances [24 CFR §966.4(l)(5)(vii)(B)] 
Although it is required that certain lease provisions exist for criminal activity and alcohol abuse, 
HUD provides that the PHA may consider all circumstances relevant to a particular case in order 
to determine whether or not to terminate the lease. 
Such relevant circumstances can also be considered when terminating the lease for any other 
reason.

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PHA Policy 
The PHA will consider the following factors before deciding whether to terminate the 
lease for any of the HUD required lease provisions or for any other reasons: 
• The seriousness of the offending action, especially with respect to how it would 
affect other residents 
• The extent of participation or culpability of the leaseholder, or other household 
members, in the offending action, including whether the culpable member is a 
minor, a person with disabilities, or (as discussed further in Section 13-III.F) a 
victim of domestic violence, dating violence, or stalking 
• The effects that the eviction will have on other family members who were not 
involved in the action or failure to act 
• The effect on the community of the termination, or of the PHA’s failure to 
terminate the tenancy 
• The effect of the PHA’s decision on the integrity of the public housing program 
• The demand for housing by eligible families who will adhere to lease 
responsibilities 
• The extent to which the leaseholder has shown personal responsibility and 
whether they have taken all reasonable steps to prevent or mitigate the offending 
action 
• The length of time since the violation occurred, the family’s recent history, and 
the likelihood of favorable conduct in the future 
• While a record or records of arrest will not be used as the sole basis for 
termination, an arrest may, however, trigger an investigation to determine whether 
the participant actually engaged in disqualifying criminal activity. As part of its 
investigation, the PHA may obtain the police report associated with the arrest and 
consider the reported circumstances of the arrest. The PHA may also consider: 
• Any statements made by witnesses or the participant not included in the 
police report 
• Whether criminal charges were filed 
• Whether, if filed, criminal charges were abandoned, dismissed, not 
prosecuted, or ultimately resulted in an acquittal 
• Any other evidence relevant to determining whether or not the participant 
engaged in disqualifying activity 
• Evidence of criminal conduct will be considered if it indicates a demonstrable risk 
to safety and/or property. 
• In the case of program abuse, the dollar amount of the underpaid rent and whether 
or not a false certification was signed by the family.

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Consideration of Rehabilitation [24 CFR§ 966.4(l)(5)(vii)(D)] 
HUD authorizes PHAs to take into consideration whether a household member who had used 
illegal drugs or abused alcohol and is no longer engaging in such use or abuse is participating in 
or has successfully completed a supervised drug or alcohol rehabilitation program. 
PHA Policy 
In determining whether to terminate the lease for illegal drug use or a pattern of illegal 
drug use, or for abuse or a pattern of abuse of alcohol, by a household member who is no 
longer engaging in such use or abuse, the PHA will consider whether such household 
member has successfully completed a supervised drug or alcohol rehabilitation program. 
 
For this purpose the PHA will require the tenant to submit evidence of the household 
member’s successful completion of a supervised rehabilitation program (i.e. drug or 
alcohol or anger management). 
Reasonable Accommodation [24 CFR §966.7] 
If the family includes a person with disabilities, the PHA’s decision to terminate the family’s 
lease is subject to consideration of reasonable accommodation in accordance with 24 CFR Part 8. 
PHA Policy 
If a family indicates that the behavior of a family member with a disability is the reason 
for a proposed termination of lease, the PHA will determine whether the behavior is 
related to the disability. If so, upon the family’s request, the PHA will determine whether 
alternative measures are appropriate as a reasonable accommodation. The PHA will only 
consider accommodations that can reasonably be expected to address the behavior that is 
the basis of the proposed lease termination. See Chapter 2 for a discussion of reasonable 
accommodation. 
Nondiscrimination Limitation [24 CFR §966.4(l)(5)(vii)(F)] 
The PHA’s eviction actions must be consistent with fair housing and equal opportunity 
provisions of 24 CFR §5.105. 
13-III.F. TERMINATIONS RELATED TO DOMESTIC VIOLENCE, DATING 
VIOLENCE, SEXUAL ASSAULT, OR STALKING 
This section addresses the protections against termination of tenancy that the Violence against 
Women Act of 2013 (VAWA) provides for public housing residents who are victims of domestic 
violence, dating violence, sexual assault, or stalking. For general VAWA requirements and PHA 
policies pertaining to notification, documentation, and confidentiality, see Section 16-VII of this 
ACOP, where definitions of key VAWA terms are also located.

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VAWA Protections against Termination [24 CFR §5.2005(c)] 
VAWA provides that no person may deny assistance, tenancy, or occupancy rights to public 
housing to a tenant on the basis or as a direct result of criminal activity directly relating to 
domestic violence, dating violence, sexual assault, or stalking that is engaged in by a member of 
the household of the tenant or any guest or other person under the control of the tenant, if the 
tenant or affiliated individual is the victim or threatened victim of such domestic violence, dating 
violence, sexual assault, or stalking [FR Notice 8/6/13]. 
VAWA further provides that incidents of actual or threatened domestic violence, dating violence, 
sexual assault, or stalking may not be construed either as serious or repeated violations of the 
lease by the victim of such violence or as good cause for terminating the tenancy or occupancy 
rights of the victim of such violence [24 CFR §5.2005(c)(1), FR Notice 8/36/13. 
Limitations on VAWA Protections [24 CFR §5.2005(d) and (e), FR Notice 8/6/13] 
While VAWA prohibits a PHA from using domestic violence, dating violence, sexual assault, or 
stalking as the cause for a termination or eviction action against a public housing tenant who is 
the victim of the abuse, the protections it provides are not absolute. Specifically: 
• VAWA does not limit a PHA’s otherwise available authority to terminate assistance to or 
evict a victim for lease violations not premised on an act of domestic violence, dating 
violence, sexual assault, or stalking providing that the PHA does not subject the victim to 
a more demanding standard than the standard to which it holds other tenants. 
• VAWA does not limit a PHA’s authority to terminate the tenancy of any public housing 
tenant if the PHA can demonstrate an actual and imminent threat to other tenants or those 
employed at or providing service to the property if that tenant’s tenancy is not terminated. 
HUD regulations define actual and imminent threat to mean words, gestures, actions, or other 
indicators of a physical threat that (a) is real, (b) would occur within an immediate time frame, 
and (c) could result in death or serious bodily harm [24 CFR §5.2005(d)(2) and (e)]. 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 
• The length of time before the potential harm would occur [24 CFR §5.2005(e)] 
In order to demonstrate an actual and imminent threat, the PHA must have objective evidence of 
words, gestures, actions, or other indicators. Even when a victim poses an actual and imminent 
threat, however, HUD regulations authorize a PHA to terminate the victim’s assistance “only 
when there are no other actions that could be taken to reduce or eliminate the threat” [24 CFR 
§5.2005(d)(3)].

13-23 
PHA Policy 
In determining whether a public housing tenant who is a victim of domestic violence, 
dating violence, sexual assault, or stalking is an actual and imminent threat to other 
tenants or those employed at or providing service to a property, the PHA will consider the 
following, and any other relevant, factors: 
• Whether the threat is toward an employee or tenant other than the victim of 
domestic violence, dating violence, or stalking 
• Whether the threat is a physical danger beyond a speculative threat 
• Whether the threat is likely to happen within an immediate time frame 
• Whether the threat to other tenants or employees can be eliminated in some other 
way, such as by helping the victim relocate to a confidential location, transferring 
the victim to another unit, or seeking a legal remedy to prevent the perpetrator 
from acting on the threat 
If the tenant wishes to contest the PHA’s determination that he or she is an actual and 
imminent threat to other tenants or employees, the tenant may do so as part of the 
grievance hearing or in a court proceeding. 
Documentation of Abuse [24 CFR §5.2007] 
PHA Policy 
When an individual facing termination of tenancy for reasons related to domestic 
violence, dating violence, sexual assault, or stalking claims protection under VAWA, the 
PHA will request that the individual provide documentation supporting the claim in 
accordance with the policies in Section 16-VII.D of this ACOP. 
 
The PHA reserves the right to waive the documentation requirement if it determines that 
a statement or other corroborating evidence from the individual will suffice. In such cases 
the PHA will document the waiver in the individual’s file. 
Terminating or Evicting a Perpetrator of Domestic Violence 
Although VAWA provides protection from termination for victims of domestic violence, it does 
not provide such protection for perpetrators. In fact, VAWA gives the PHA the explicit authority 
to bifurcate a lease, or remove a household member from a lease, “in order to evict, remove, 
terminate occupancy rights, or terminate assistance to any tenant or lawful occupant who 
engages in criminal acts of physical violence against family members or others, without evicting, 
removing, terminating assistance to, or otherwise penalizing the victim of such violence who is a 
tenant or lawful occupant” [24 CFR §5.2009(a)]. Moreover, HUD regulations impose on the 
PHA the obligation to consider lease bifurcation in any circumstances involving domestic 
violence, dating violence, sexual assault, or stalking [24 CFR §966.4(e)(9)]. 
Specific lease language affirming the PHA’s authority to bifurcate a lease is not necessary, and 
the authority supersedes any local, state, or federal law to the contrary. However, if the PHA

13-24 
chooses to exercise its authority to bifurcate a lease, it must follow any procedures prescribed by 
HUD or by applicable local, state, or federal law for eviction, lease termination, or termination of 
assistance. This means that the PHA must follow the same rules when terminating or evicting an 
individual as it would when terminating or evicting an entire family [3/16/07 Federal Register 
notice on the applicability of VAWA to HUD programs]. The PHA must not initiate eviction 
procedures until 30 days after the lease bifurcation [Notice PIH 2017-18]. 
PHA Policy 
The PHA will bifurcate a family’s lease and terminate the tenancy of a family member if 
the PHA determines that the family member has committed criminal acts of physical 
violence against other family members or others. This action will not affect the tenancy 
or program assistance of the remaining, nonculpable family members. 
 
In making its decision, the PHA will consider all credible evidence, including, but not 
limited to, a signed certification (form HUD-5382) or other documentation of abuse 
submitted to the PHA by the victim in accordance with this section and Section 16-VII.D. 
The PHA will also consider the factors in Section 13.III.E. Upon such consideration, the 
PHA may, on a case-by-case basis, choose not to bifurcate the lease and terminate the 
tenancy of the culpable family member. 
 
If the PHA does bifurcate the lease and terminate the tenancy of the culpable family 
member, it will do so in accordance with the lease, applicable law, and the policies in this 
ACOP. If necessary, the PHA will also take steps to ensure that the remaining family 
members have a safe place to live during the termination process. For example, the PHA 
may offer the remaining family members another public housing unit, if available; it may 
help them relocate to a confidential location; or it may refer them to a victim service 
provider or other agency with shelter facilities.   
 
The PHA may consider trespassing the perpetrator.

13-25 
PART IV: NOTIFICATION REQUIREMENTS,  
EVICTION PROCEDURES, AND RECORD KEEPING 
13-IV.A. OVERVIEW 
HUD regulations specify the requirements for the notice that must be provided prior to lease 
termination. This part discusses those requirements and the specific requirements that precede 
and follow termination for certain criminal activities, which are addressed in the regulations.  
This part also discusses specific requirements pertaining to the actual eviction of families and 
record keeping. 
13-IV.B. CONDUCTING CRIMINAL RECORDS CHECKS [24 CFR §5.903(E)(II) AND 
24 CFR §960.259] 
HUD authorizes PHAs to conduct criminal records checks on public housing residents for lease 
enforcement and eviction. PHA policy determines when the PHA will conduct such checks. 
PHA Policy 
The PHA will conduct criminal records checks for all adult household members at the 
annual reexamination and when it has come to the attention of the PHA, either from local 
law enforcement or by other means that an individual has engaged in the destruction of 
property, engaged in violent activity against another person, or has interfered with the 
right to peaceful enjoyment of the premises of other residents.   
 
Such checks will also include sex offender registration information. In order to obtain 
such information, all adult household members must sign consent forms for release of 
criminal conviction and sex offender registration records on an annual basis. 
The PHA may not pass along to the tenant the costs of a criminal records check. 
13-IV.C. DISCLOSURE OF CRIMINAL RECORDS TO FAMILY [24 CFR §5.903(F), 24 
CFR §5.905(D) AND 24 CFR §966.4(L)(5)(IV)] 
In conducting criminal records checks, if the PHA uses the authority of 24 CFR §5.903 and 
§5.905 to obtain such information, certain protections must be afforded the tenant before any 
adverse action is taken. In such cases if the PHA obtains criminal records information from a 
state or local agency showing that a household member has been convicted of a crime, or is 
subject to a sex offender registration requirement, relevant to lease enforcement or eviction, the 
PHA must notify the household of the proposed action and must provide the subject of the record 
and the tenant a copy of such information, and an opportunity to dispute the accuracy and 
relevance of the information before an eviction or lease enforcement action is taken. 
PHA Policy 
In all cases where criminal record or sex offender registration information would result in 
lease enforcement or eviction, the PHA will notify the household in writing of the 
proposed adverse action and will provide the subject of the record and the tenant a

13-26 
redacted copy of such information, and an opportunity to dispute the accuracy and 
relevance of the information before an eviction or lease enforcement action is taken. 
 
The family will be given 10 business days from the date of the PHA notice, to dispute the 
accuracy and relevance of the information. If the family does not contact the PHA to 
dispute the information within that 10 business day period, the PHA will proceed with the 
termination action. 
 
Should the tenant not exercise their right to dispute prior to any adverse action, the tenant 
still has the right to dispute in the grievance hearing or court trial. 
13-IV.D. LEASE TERMINATION NOTICE [24 CFR §966.4(L)(3); PIH 2020-32] 
Form, Delivery, and Content of the Notice [PIH 2020-32] 
Notices of lease termination must be in writing. The notice must state the specific grounds for 
termination; the date the termination will take place, the resident’s right to reply to the 
termination notice, and their right to examine PHA documents directly relevant to the 
termination or eviction. If the PHA does not make the documents available for examination upon 
request by the tenant, the PHA may not proceed with the eviction [24 CFR §996.4(m)]. 
PHA Policy 
The PHA has the sole discretion to require that informal hearings be conducted remotely. 
 
At the time the notice is sent to the resident informing them of the right to request a 
hearing, the resident will be notified how the hearing will be conducted (remotely or in 
person). If remote, the resident will be informed of the processes involved in a remote 
hearing and that the PHA will provide technical assistance, if needed, before the hearing. 
 
Remote hearings will allow the PHA to provide a reasonable accommodation for a person 
with a disability, if an applicant does not have child care or transportation that would 
enable them to attend the informal hearing, or if the applicant believes an in-person 
informal hearing would create an undue health risk. The PHA will consider other 
reasonable requests for a remote informal hearing on a case-by-case basis. 
 
(24 CFR §966.56(a), states, “The hearing must be scheduled promptly for a time and 
place reasonably convenient to both the complainant and the PHA and held before a 
hearing officer.) 
When the PHA is required to offer the resident an opportunity for a grievance hearing, the notice 
must also inform the resident of their right to request a hearing in accordance with the PHA’s 
grievance procedure. In these cases, the tenancy shall not terminate until the time for the tenant 
to request a grievance hearing has expired and the grievance procedure has been completed. 
When the PHA is not required to offer the resident an opportunity for a grievance hearing 
because HUD has made a due process determination and the lease termination is for criminal

13-27 
activity that threatens health, safety or right to peaceful enjoyment or for drug-related criminal 
activity, the notice of lease termination must state that the tenant is not entitled to a grievance 
hearing on the termination. It must specify the judicial eviction procedure to be used by the PHA 
for eviction of the tenant, and state that HUD has determined that the eviction procedure 
provides the opportunity for a hearing in court that contains the basic elements of due process as 
defined in HUD regulations. The notice must also state whether the eviction is for a criminal 
activity that threatens the health, safety, or right to peaceful enjoyment of the premises of other 
residents or employees of the PHA, or for a drug-related criminal activity on or off the premises. 
PHA Policy 
The PHA will attempt to deliver notices of lease termination directly to the tenant or an 
adult member of the household. If such attempt fails, the notice will be sent by first-class 
mail the same day. 
 
All notices of lease termination will include information about the protection against 
termination provided by the Violence against Women Act of 2013 (VAWA) for victims 
of domestic violence, dating violence, sexual assault, or stalking (see Section 16-VII.C).   
 
The PHA will include a copy of the forms HUD-5382 and HUD-5380. Any family 
member who claims that the cause for termination involves (a) criminal acts of physical 
violence against family members or others or (b) incidents of domestic violence, dating 
violence, sexual assault, or stalking of which a family member is the victim will be given 
the opportunity to provide documentation in accordance with the policies in Sections 13-
III.F and 16-VII.D. 
Timing of the Notice [24 CFR §966.4(l)(3)(i)] 
The PHA must give written notice of lease termination of: 
• 30 calendar days in the case of failure to pay rent or other charges due 
• A reasonable period of time considering the seriousness of the situation (but not to 
exceed 30 calendar days) 
− If the health or safety of other residents, PHA employees, or persons residing in 
the immediate vicinity of the premises is threatened 
− If any member of the household has engaged in any drug-related criminal activity 
or violent criminal activity 
− If any member of the household has been convicted of a felony 
• 30 calendar days in any other case, except that if a state or local law allows a shorter 
notice period, such shorter period shall apply 
PHA Policy 
The PHA will give written notice of 30 calendar days for nonpayment of rent or other 
charges due. The PHA will give written notice of 5 calendar days for utilities not in 
service.

13-28 
 
For all other lease terminations the PHA will give a 30 day written notice or, if state or 
local law allows less than 30 days, such shorter notice will be given. 
The Notice to Vacate that may be required under state or local law may be combined with or run 
concurrently with the notice of lease termination. 
Notice of Nonrenewal Due to Community Service Noncompliance [24 CFR §966.4(l)(2)(ii) 
(D), 24 CFR §960.603(b) and 24 CFR §960.607(b)] 
When the PHA finds that a family is in noncompliance with the community service requirement, 
the tenant and any other noncompliant resident must be notified in writing of this determination. 
Notices of noncompliance will be issued in accordance with the requirements and policies in 
Section 11-I.E. 
PHA Policy 
If after receiving a notice of initial noncompliance the family does not request a 
grievance hearing, or does not take either corrective action required by the notice within 
the required timeframe, a termination notice will be issued in accordance with the 
policies above. 
 
If a family agreed to cure initial noncompliance by signing an agreement, and is still in 
noncompliance after being provided the 12-month opportunity to cure, the family will be 
issued a notice of continued noncompliance. The notice of continued noncompliance will 
be sent in accordance with the policies in Section 11-I.E. and will also serve as the notice 
of termination of tenancy. 
Notice of Termination Based on Citizenship Status [24 CFR §5.514 (c) and (d)] 
In cases where termination of tenancy is based on citizenship status, HUD requires the notice of 
termination to contain additional information. In addition to advising the family of the reasons 
their assistance is being terminated, the notice must also advise the family of any of the 
following that apply: the family’s eligibility for proration of assistance, the criteria and 
procedures for obtaining relief under the provisions for preservation of families, the family’s 
right to request an appeal to the USCIS of the results of secondary verification of immigration 
status and to submit additional documentation or a written explanation in support of the appeal, 
and the family’s right to request an informal hearing with the PHA either upon completion of the 
USCIS appeal or in lieu of the USCIS appeal. Please see Chapter 14 for the PHA’s informal 
hearing procedures. 
13-IV.E. EVICTION [24 CFR §966.4(L)(4) AND §966.4(M)] 
Eviction notice means a notice to vacate, or a complaint or other initial pleading used under state 
or local law to commence an eviction action. The PHA may only evict the tenant from the unit 
by instituting a court action, unless the law of the jurisdiction permits eviction by administrative

13-29 
action, after a due process administrative hearing, and without a court determination of the rights 
and liabilities of the parties. 
PHA Policy 
When a family does not vacate the unit after receipt of a termination notice, by the 
deadline given in the notice, the PHA will follow state and local landlord-tenant law in 
filing an eviction action with the local court that has jurisdiction in such cases. 
 
If the eviction action is finalized in court and the family remains in occupancy beyond the 
deadline to vacate given by the court, the PHA will seek the assistance of the court to 
remove the family from the premises as per state and local law. 
The PHA may not proceed with an eviction action if the PHA has not made available the 
documents to be used in the case against the family, and has not afforded the family the 
opportunity to examine and copy such documents in accordance with the provisions of 24 CFR 
§966.4(l)(3) and (m). 
13-IV.F. NOTIFICATION TO POST OFFICE [24 CFR §966.4(L)(5)(III)(B)] 
When the PHA evicts an individual or family for criminal activity, including drug-related 
criminal activity, the PHA must notify the local post office serving the dwelling unit that the 
individual or family is no longer residing in the unit. 
13-IV.G. RECORD KEEPING 
For more information concerning general record keeping, see Chapter 16. 
PHA Policy 
A written record of every termination and/or eviction will be maintained by the PHA at 
the development where the family was residing, and will contain the following 
information: 
− Name of resident, number and identification of unit occupied 
− Date of the notice of lease termination and any other notices required by state or local 
law; these notices may be on the same form and will run concurrently 
− Specific reason(s) for the notices, citing the lease section or provision that was 
violated,  and other facts pertinent to the issuing of the notices described in detail 
(other than any criminal history reports obtained solely through the authorization 
provided in 24 CFR §5.903 and §5.905) 
− Date and method of notifying the resident 
− Summaries of any conferences held with the resident including dates, names of 
conference participants, and conclusions

14-1 
Chapter 14  
GRIEVANCES AND APPEALS [24 CFR §966.54-§966.57 
INTRODUCTION 
This chapter discusses grievances and appeals pertaining to PHA actions or failures to act that 
adversely affect public housing applicants or residents. The policies are discussed in the 
following three parts: 
Part I: Informal Hearings for Public Housing Applicants. This part outlines the 
requirements and procedures for informal hearings for public housing applicants. 
Part II: Informal Hearings with Regard to Noncitizens. This part discusses informal 
hearings regarding citizenship status and where they differ from the requirements for 
general applicant and tenant grievances. 
Part III: Grievance Procedures for Public Housing Residents. This part outlines the 
requirements and procedures for handling grievances for public housing residents. 
Note that this chapter is not the PHA’s grievance procedure. The grievance procedure is a 
document separate from the ACOP. This chapter of the ACOP provides the policies that drive 
the grievance procedure. 
Failure to Appear [24 CFR §966.56(c)] 
Failure to appear applies to all types of remote hearings. 
If the complainant or the PHA fails to appear at a scheduled hearing, the hearing officer/panel 
may make a determination to postpone the hearing for not to exceed five business days or may 
make a determination that the party has waived his/her right to a hearing. Both the complainant 
and the PHA must be notified of the determination by the hearing officer/panel: Provided, that a 
determination that the complainant has waived his/her right to a hearing will not constitute a 
waiver of any right the complainant may have to contest the PHA’s disposition of the grievance 
in an appropriate judicial proceeding. 
There may be times when a complainant does not appear due to unforeseen circumstances, which 
are out of their control and are no fault of their own. 
PHA Policy 
If the tenant does not appear at the scheduled time of the hearing, the hearing officer will 
wait up to 20 minutes. If the tenant appears within 20 minutes of the scheduled time, the 
hearing will be held. If the tenant does not arrive within 20 minutes of the scheduled 
time, they will be considered to have failed to appear.

14-2 
If the tenant fails to appear and was unable to reschedule the hearing in advance, the 
tenant must contact the PHA within 24 hours of the scheduled hearing date, excluding 
weekends and holidays. The hearing officer will reschedule the hearing only if the tenant 
can show good cause for the failure to appear, or it is needed as a reasonable 
accommodation for a person with disabilities. 
 
“Good cause” is defined as an unavoidable conflict, which seriously affects the health, 
safety, or welfare of the family.

14-3 
PART I: INFORMAL HEARINGS FOR PUBLIC HOUSING APPLICANTS 
[24 CFR 960.208(a) and PH Occ GB, p. 58] 
14-I.A. OVERVIEW 
When the PHA makes a decision that has a negative impact on an applicant family, the family is 
often entitled to appeal the decision. For applicants, the appeal takes the form of an informal 
hearing. HUD regulations do not provide a structure for or requirements regarding informal 
hearings for applicants (except with regard to citizenship status, to be covered in Part II). This 
part discusses the PHA policies necessary to respond to applicant appeals through the informal 
hearing process. 
Ensuring Accessibility for Persons with Disabilities and LEP Individuals  
As with in-person informal settlement of Grievances and the associated hearings, the method for 
conducting remote informal settlement of Grievances and the associated hearings must be 
accessible to persons with disabilities and the settlement/hearing must be conducted in 
accordance with Section 504 and accessibility requirements. This includes ensuring any 
information, websites, emails, digital notifications, and other virtual platforms are accessible for 
persons with vision, hearing, and other disabilities.  
Further, providing effective communication in a digital context may require the use of 
individualized auxiliary aids or services, such as audio description, captioning, sign language and 
other types of interpreters, keyboard accessibility, accessible documents, screen reader support, 
and transcripts. Auxiliary aids or services must be provided in accessible formats, in a timely 
manner, and in such a way to protect the privacy and independence of the individual.  
PHAs may never request or require that individuals with disabilities provide their own auxiliary 
aids or services, including for remote informal settlement of Grievances and the associated 
hearing.  
PHAs are required to make reasonable accommodations in policies, practices, and procedures to 
ensure persons with disabilities have a full and equal opportunity to participate in and benefit 
from all aspects of the informal settlement/hearing process. See Chapter 2 for a more detailed 
discussion of reasonable accommodation requirements.  
If no method of conducting a remote informal settlement of Grievances or the associated hearing 
is available that appropriately accommodates an individual’s disability, the PHA may not hold 
against the individual his or her inability to participate in the remote settlement/hearing, and the 
PHA should consider whether postponing the earing to a later date is appropriate or whether 
there is a suitable alternative.  
Due to the individualized nature of disability, the appropriate auxiliary aid or service necessary, 
or reasonable accommodation, will depend on the specific circumstances and requirements.

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As with in-person settlements/hearings, Limited English Proficiency (LEP) requirements also 
apply to remote informal settlements/hearings, including the use of interpretation services and 
document translation. See Chapter 2 for a more thorough discussion of accessibility and LEP 
requirements, all of which apply in the context of remote informal settlements/hearings. 
14-I.B. INFORMAL HEARING PROCESS [24 CFR §960.208(A); §966.53(A); PH OCC 
GB, P. 58] 
Informal hearings are provided for public housing applicants. An applicant is someone who has 
applied for admission to the public housing program, but is not yet a tenant in the program. 
Informal hearings are intended to provide a means for an applicant to dispute a determination of 
ineligibility for admission to a project [24 CFR§ 960.208(a)]. Applicants to public housing are 
not entitled to the same hearing process afforded tenants under the PHA grievance procedure [24 
CFR §966.53(a) and PH Occ GB, p. 58]. 
Informal hearings provide applicants the opportunity to review the reasons for denial of 
admission and to present evidence to refute the grounds for denial. 
Use of Informal Hearing Process 
While the PHA must offer the opportunity of an informal hearing to applicants who have been 
determined as ineligible for admission, the PHA could make the informal hearing process 
available to applicants who wish to dispute other PHA actions that adversely affect them. 
PHA Policy 
The PHA will only offer informal hearings to applicants for the purpose of disputing 
denials of admission. 
Notice of Denial [24 CFR §960.208(a); PIH 2020-32]] 
The PHA must give an applicant prompt notice of a decision denying eligibility for admission. 
The notice must contain a brief statement of the reasons for the PHA decision, and must also 
state that the applicant may request an informal hearing to dispute the decision. The notice must 
describe how to obtain the informal hearing. 
PHA Policy 
The PHA has the sole discretion to require that informal hearings be conducted remotely. 
 
The PHA’s notice of denial will include information about how the hearing will be 
conducted (remotely or in person). If remote, the resident will be informed of the 
processes involved in a remote hearing and that the PHA will provide technical 
assistance, if needed, before the hearing. 
 
Remote hearings will allow the PHA to provide a reasonable accommodation for a person 
with a disability, if an applicant does not have child care or transportation that would 
enable them to attend the informal hearing, or if the applicant believes an in-person

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informal hearing would create an undue health risk. The PHA will consider other 
reasonable requests for a remote informal hearing on a case-by-case basis. 
 
(24 CFR §966.56.(a), states, “The hearing must be scheduled promptly for a time and 
place reasonably convenient to both the complainant and the PHA and held before a 
hearing officer.) 
When denying eligibility for admission, the PHA must provide the family a notice of VAWA 
rights (form HUD-5380) as well as the HUD VAWA self-certification form (form HUD-5382) in 
accordance with the Violence against Women Reauthorization Act of 2013, and as outlined in 
Section 16-VII.C. The notice and self-certification form must accompany the written notification 
of the denial of eligibility determination. 
Prior to notification of denial based on information obtained from criminal or sex offender 
registration records, the family, in some cases, must be given the opportunity to dispute the 
information in those records which would be the basis of the denial. See Section 3-III.G for 
details concerning this requirement. 
Scheduling an Informal Hearing 
PHA Policy 
A request for an informal hearing must be made in writing and delivered to the PHA 
either in person or by first class mail, by the close of the business day, no later than 10 
business days from the date of the PHA’s notification of denial of admission. 
 
The PHA will schedule and send written notice of the informal hearing within 10 
business days of the family’s request. 
If the informal hearing will be conducted remotely, at the time the notice is sent to the 
family, the family will be informed: 
• Regarding the processes involved in a remote informal hearing; 
• That the PHA will provide technical assistance prior to and during the 
informal hearing, if needed; and 
• That if the family or any individual witness has any technological, 
resource, or accessibility barriers preventing them from fully accessing the 
remote informal hearing, the family may inform the PHA and the PHA 
will assist the family in either resolving the issues or allow the family to 
participate in an in-person informal hearing, as appropriate. 
Conducting an Informal Hearing [PH Occ GB, p. 58] 
PHA Policy 
The informal hearing will be conducted by a person other than the one who made or 
approved the decision under review, or a subordinate of this person.

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The applicant will be provided an opportunity to present written or oral objections to the 
decision of the PHA. 
 
The person conducting the informal hearing will make a recommendation to the PHA, but 
the PHA is responsible for making the final decision as to whether admission should be 
granted or denied. 
Remote Informal Hearings [PIH 2020-32; 24 CFR §960.208; 24 CFR §966.56] 
There is no requirement that informal hearings be conducted in-person, and as such, 
HUD allows PHAs to conduct all or a portion of their informal hearings remotely either 
over the phone, via video conferencing, or through other virtual platforms. If the PHA 
chooses to conduct remote informal hearings, applicants may still request an in-person 
informal hearing, as applicable. 
PHA Policy 
All PHA policies and processes for remote informal hearings will be conducted in 
accordance with due process requirements and compliance with HUD regulations. 
 
The PHA has the sole discretion to require that informal hearings be conducted remotely.   
 
24 CFR §966.56.(a), states, “The hearing must be scheduled promptly for a time and 
place reasonably convenient to both the complainant and the PHA and held before a 
hearing officer. 
 
Remote hearings as a standard of customer service, will allow the PHA to provide a 
reasonable accommodation for a person with a disability, if an applicant does not have 
child care or transportation that would enable them to attend the informal hearing, or if 
the applicant believes an in-person informal hearing would create an undue health risk. 
Conducting Remote Informal Hearings [PIH 2020-32; 28 CFR §35.104] 
The PHA must ensure that the applicant has the right to hear and be heard. The PHA shall ensure 
due process and that all parties are able to have full access to the hearing. 
The PHA must ensure that the lack of technology or inability to use technology for remote 
reviews does not pose a disadvantage to families that may not be apparent to the PHA.  
The PHA must ensure that the family has appropriate technological access in order to fully 
participate in the remote review. 
The PHA should determine through a survey to the family or other means (See PIH Notice 2020-
32, Section 6) if these barriers exist prior to conducting the remote informal review and, if the 
family does not have the proper technology to fully participate, either postpone the informal 
review until access can be provided, or provide an alternative means of access.

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The PHA must provide all materials presented, whether paper or electronic, to the family prior to 
the remote informal review. The family must also be provided with an accessible means by 
which to transmit their own evidence. 
All PHA policies and processes for remote informal reviews must be conducted in accordance 
with due process requirements and be in compliance with HUD regulations at 24 CFR §966.56 
and the guidance for conducting remote hearings specified in Notice PIH 2020-32. 
PHA Policy 
The PHA will conduct remote informal hearings via videoconferencing or telephone 
conferencing. 
 
If the informal hearing will be conducted via videoconferencing, the PHA will ensure the 
following: 
• All applicants, applicant representatives, PHA representatives, and the person 
conducting the informal hearing can adequately access the platform (i.e., hear, be 
heard, see, and be seen). 
▪ At least 48 hours prior to date and time of the remote hearing, the PHA 
will provide the family with login information and/or conferencing call-in 
information. 
▪ At least 48 hours prior to the hearing, COCHRD will contact the family to 
advise of the technological requirements for the hearing and request the 
family notify the PHA of any known barriers.  
▪ COCHRD will resolve any barriers using the guidance in Section 6 of 
Notice PIH 2020-32, including offering the family the opportunity to 
attend an in-person hearing 
▪ PHA will send all hearing-related documents to the family by US Mail to 
ensure delivery to the correct address, and via email, if a current email 
address for the family is available. 
▪ At least 24 hours in advance of the hearing, the PHA will verify that all 
parties have received the documentation to be presented at the hearing, 
and can access it. 
• The family must also be provided with an accessible means by which to transmit 
their own evidence. 
▪ Within 48 hours in advance of the hearing, the applicant has provided the 
PHA with any documents directly relevant to the hearing. 
▪ The PHA will accept documentation by US Mail, email, or hand delivered 
to the housing office. 
▪ The PHA will scan and email copies of these documents to the PHA 
representative and to the person conducting the informal hearing the same 
day as received.

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▪ On the day of the hearing and in advance of the scheduled time, the PHA will test 
access with the participants to ensure delays due to inability to access will be at a 
minimum. 
• .  
• Documents will be shared electronically whenever possible. 
• The PHA will follow up the email with a phone call and/or email to the applicant at 
least one business day prior to the remote informal hearing to ensure that the 
applicant received all information and is comfortable accessing the video 
conferencing or call-in platform. 
• The PHA will ensure that all electronic information stored or transmitted with 
respect to the informal hearing is secure, including protecting personally 
identifiable information (PII), and meets the requirements for accessibility for 
persons with disabilities and persons with LEP. 
If any applicant, applicant representative, PHA representative, or person conducting the 
informal hearing is unable to effectively utilize the videoconferencing platform, the 
informal hearing will be conducted allowing those participants to utilize telephone 
conferencing call-in for those that cannot access video conferencing. 
Informal Hearing Decision [PH Occ GB, p. 58] 
PHA Policy 
The PHA will notify the applicant of the PHA’s final decision, including a brief 
statement of the reasons for the final decision. 
 
In rendering a decision, the PHA will evaluate the following matters: 
− Whether or not the grounds for denial were stated factually in the notice 
− The validity of grounds for denial of admission. If the grounds for denial are not 
specified in the regulations or in PHA policy, then the decision to deny assistance 
will be overturned. See Chapter 3 for a detailed discussion of the grounds for 
applicant denial. 
− The validity of the evidence. The PHA will evaluate whether the facts presented 
prove the grounds for denial of admission. If the facts prove that there are grounds 
for denial, and the denial is required by HUD, the PHA will uphold the decision 
to deny admission. 
− If the facts prove the grounds for denial, and the denial is discretionary, the PHA 
will consider the recommendation of the person conducting the informal hearing 
in making the final decision whether to deny admission. 
The PHA will notify the applicant of the final decision, including a statement explaining 
the reason(s) for the decision. The notice will be mailed, with return receipt requested,

14-9 
within 10 business days of the informal hearing, to the applicant and his or her 
representative, if any. 
If the informal hearing decision overturns the denial, processing for admission will 
resume. 
If the family fails to appear for their informal hearing, the denial of admission will stand 
and the family will be so notified. 
Reasonable Accommodation for Persons with Disabilities [24 CFR §966.7] 
Persons with disabilities may request reasonable accommodations to participate in the informal 
hearing process and the PHA must consider such accommodations. The PHA must also consider 
reasonable accommodation requests pertaining to the reasons for denial if related to the person’s 
disability. See Chapter 2 for more detail pertaining to reasonable accommodation requests.

14-10 
PART II: INFORMAL HEARINGS WITH REGARD TO NONCITIZENS 
14-II.A. HEARING AND APPEAL PROVISIONS FOR NONCITIZENS [24 CFR §5.514] 
Denial or termination of assistance based on immigration status is subject to special hearing and 
notice rules. These special hearings are referred to in the regulations as informal hearings, but the 
requirements for such hearings are different from the informal hearings used to deny applicants 
for reasons other than immigration status. 
Assistance to a family may not be delayed, denied, or terminated on the basis of immigration 
status at any time prior to a decision under the United States Citizenship and Immigration 
Services (USCIS) appeal process. Assistance to a family may not be terminated or denied while 
the PHA hearing is pending, but assistance to an applicant may be delayed pending the 
completion of the informal hearing. 
A decision against a family member, issued in accordance with the USCIS appeal process or the 
PHA informal hearing process, does not preclude the family from exercising the right, that may 
otherwise be available, to seek redress directly through judicial procedures. 
Notice of Denial or Termination of Assistance [24 CFR §5.514(d)] 
As discussed in Chapters 3 and 13, the notice of denial or termination of assistance for 
noncitizens must advise the family of any of the following that apply: 
• That financial assistance will be denied or terminated; and provide a brief explanation of 
the reasons for the proposed denial or termination of assistance. 
• The family may be eligible for proration of assistance. 
• In the case of a tenant, the criteria and procedures for obtaining relief under the 
provisions for preservation of families [24 CFR §5.514 and §5.518]. 
• That the family has a right to request an appeal to the USCIS of the results of secondary 
verification of immigration status and to submit additional documentation or explanation 
in support of the appeal. 
• That the family has a right to request an informal hearing with the PHA either upon 
completion of the USCIS appeal or in lieu of the USCIS appeal. 
• For applicants, assistance may not be delayed until the conclusion of the USCIS appeal 
process, but assistance may be delayed during the period of the informal hearing process. 
United States Citizenship and Immigration Services Appeal Process [24 CFR §5.514(e)] 
When the PHA receives notification that the USCIS secondary verification failed to confirm 
eligible immigration status, the PHA must notify the family of the results of the USCIS 
verification. The family will have 30 days from the date of the notification to request an appeal 
of the USCIS results. The request for appeal must be made by the family in writing directly to

14-11 
the USCIS. The family must provide the PHA with a copy of the written request for appeal and 
proof of mailing. 
PHA Policy 
The PHA will notify the family in writing of the results of the USCIS secondary 
verification within 10 business days of receiving the results. 
 
The family must provide the PHA with a copy of the written request for appeal and proof 
of mailing within 10 business days of sending the request to the USCIS. 
The family must forward to the designated USCIS office any additional documentation or 
written explanation in support of the appeal. This material must include a copy of the USCIS 
document verification request (used to process the secondary request) or such other form 
specified by the USCIS, and a letter indicating that the family is requesting an appeal of the 
USCIS immigration status verification results. 
The USCIS will notify the family, with a copy to the PHA, of its decision. When the USCIS 
notifies the PHA of the decision, the PHA must notify the family of its right to request an 
informal hearing. 
PHA Policy 
The PHA will send written notice to the family of its right to request an informal hearing 
within 10 business days of receiving notice of the USCIS decision regarding the family’s 
immigration status. 
Informal Hearing Procedures for Applicants [24 CFR §5.514(f)] 
After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS, an 
applicant family may request that the PHA provide a hearing. The request for a hearing must be 
made either within 30 days of receipt of the PHA notice of denial, or within 30 days of receipt of 
the USCIS appeal decision. 
The informal hearing procedures for applicant families are described below. 
Informal Hearing Officer [24 CFR §966.4(n)(2); §966.53(e), PIH 2016-05 
The PHA must provide an informal hearing before an impartial individual, other than a person 
who made or approved the decision under review, and other than a person who is a subordinate 
of the person who made or approved the decision. Such individual or individuals do not need 
legal training. 
PHA Policy 
The PHA will contract a hearing officer. 
 
Efforts will be made to assure that the person selected is neither a friend, nor enemy, of 
the complainant that they do not have a personal stake in the matter under dispute and 
will otherwise not appear to lack impartiality.

14-12 
Evidence 
The family must be provided the opportunity to examine and copy at the family’s expense, at a 
reasonable time in advance of the hearing, any documents in the possession of the PHA 
pertaining to the family’s eligibility status, or in the possession of the USCIS (as permitted by 
USCIS requirements), including any records and regulations that may be relevant to the hearing. 
PHA Policy 
The family will be allowed to copy any documents related to the hearing at a cost of $.25 
per page. This is for documents in addition to what is provided for the hearing. 
 
 The family must request discovery of PHA documents no later than 12:00 p.m. on the 
business day prior to the hearing. 
The family must be provided the opportunity to present evidence and arguments in support of 
eligible status. Evidence may be considered without regard to admissibility under the rules of 
evidence applicable to judicial proceedings. 
The family must also be provided the opportunity to refute evidence relied upon by the PHA, and 
to confront and cross-examine all witnesses on whose testimony or information the PHA relies. 
Representation and Interpretive Services 
The family is entitled to be represented by an attorney or other designee, at the family’s expense, 
and to have such person make statements on the family’s behalf. 
The family is entitled to request an interpreter. The PHA is obligated to provide a competent 
interpreter, free of charge, upon request. The family may also or instead provide its own 
interpreter, at the expense of the family. 
Recording of the Hearing 
The family is entitled to have the hearing recorded by audiotape. The PHA may, but is not 
required to provide a transcript of the hearing. 
PHA Policy 
The family will be allowed to have a copy of the informal hearing tape at a prepaid cost 
of $5.00 per tape.   
Hearing Decision 
The PHA must provide the family with a written notice of the final decision, based solely on the 
facts presented at the hearing, within 14 calendar days of the date of the informal hearing. The 
notice must state the basis for the decision.

14-13 
PHA Policy 
The hearing decision may be provided to the family by the hearing officer in which case, 
the PHA will not need to mail one out; however, it is the PHA’s responsibility to insure 
the hearing decision is mailed out within 14 calendar days of the date of the informal 
hearing. 
Retention of Documents [24 CFR 5.514(h)] 
The PHA must retain for a minimum of 5 years the following documents that may have been 
submitted to the PHA by the family, or provided to the PHA as part of the USCIS appeal or the 
PHA informal hearing process: 
• The application for assistance 
• The form completed by the family for income reexamination 
• Photocopies of any original documents, including original USCIS documents 
• The signed verification consent form 
• The USCIS verification results 
• The request for a USCIS appeal 
• The final USCIS determination 
• The request for an informal hearing 
• The final informal hearing decision 
Informal Hearing Procedures for Residents [24 CFR §5.514(f)] 
After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS, a 
resident family may request that the PHA provide a hearing. The request for a hearing must be 
made either within 30 days of receipt of the PHA notice of termination, or within 30 days of 
receipt of the USCIS appeal decision. 
The informal hearing procedures for resident families whose tenancy is being terminated based 
on immigration status is the same as for any grievance under the grievance procedures for 
resident families found in Part III below.

14-14 
PART III: GRIEVANCE PROCEDURES FOR PUBLIC HOUSING RESIDENTS 
14-III.A. REQUIREMENTS [24 CFR §966.52] 
PHAs must have a grievance procedure in place through which residents of public housing are 
provided an opportunity to grieve any PHA action or failure to act involving the lease or PHA 
policies which adversely affect their rights, duties, welfare, or status. 
The PHA grievance procedure must be included in the lease. 
PHA Policy 
The PHA grievance procedure will be incorporated by reference in the tenant lease. 
The PHA must provide at least 30 day notice to tenants and resident organizations setting forth 
proposed changes in the PHA grievance procedure, and provide an opportunity to present written 
comments. Comments submitted must be considered by the PHA before adoption of any changes 
to the grievance procedure by the PHA. 
PHA Policy 
Residents and resident organizations will have 30 calendar days from the date they are 
notified by the PHA of any proposed changes in the PHA grievance procedure, to submit 
written comments to the PHA. 
 
The PHA must furnish a copy of the grievance procedure to each tenant and to resident 
organizations. 
14-III.B. DEFINITIONS [24 CFR §966.53; 24 CFR §966.51(A)(2)(I)] 
There are several terms used by HUD with regard to public housing grievance procedures, which 
take on specific meanings different from their common usage. These terms are as follows: 
• Grievance – any dispute which a tenant may have with respect to PHA action or failure 
to act in accordance with the individual tenant’s lease or PHA regulations which 
adversely affect the individual tenant’s rights, duties, welfare or status 
• Complainant – any tenant whose grievance is presented to the PHA or at the project 
management office 
• Due Process Determination – a determination by HUD that law of the jurisdiction 
requires that the tenant must be given the opportunity for a hearing in court which 
provides the basic elements of due process before eviction from the dwelling unit 
• Elements of Due Process – an eviction action or a termination of tenancy in a state or 
local court in which the following procedural safeguards are required: 
− Adequate notice to the tenant of the grounds for terminating the tenancy and for 
eviction 
− Right of the tenant to be represented by counsel

14-15 
− Opportunity for the tenant to refute the evidence presented by the PHA including 
the right to confront and cross-examine witnesses and to present any affirmative 
legal or equitable defense which the tenant may have 
− A decision on the merits 
• Hearing Officer/Panel – a person/panel selected in accordance with HUD regulations to 
hear grievances and render a decision with respect thereto 
• Tenant – the adult person (or persons) (other than a live-in aide) 
− Who resides in the unit, and who executed the lease with the PHA as lessee of the 
dwelling unit, or, if no such person now resides in the unit, 
− Who resides in the unit, and who is the remaining head of household of the tenant 
family residing in the dwelling unit 
• Resident Organization – includes a resident management corporation 
14-III.C. APPLICABILITY [24 CFR §966.51] 
Grievances could potentially address most aspects of a PHA’s operation. However, there are 
some situations for which the grievance procedure is not applicable. 
The grievance procedure is applicable only to individual tenant issues relating to the PHA. It is 
not applicable to disputes between tenants not involving the PHA. Class grievances are not 
subject to the grievance procedure and the grievance procedure is not to be used as a forum for 
initiating or negotiating policy changes of the PHA. 
If HUD has issued a due process determination, a PHA may exclude from the PHA grievance 
procedure any grievance 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 of other residents or employees of the PHA 
• Any violent or drug-related criminal activity on or off such premises 
• Any criminal activity that resulted in felony conviction of a household member 
In states without due process determinations, PHAs must grant opportunity for grievance 
hearings for all lease terminations, regardless of cause, with the following exception:  PHAs may 
use expedited grievance procedures for the first two of the three excluded categories listed 
above. These expedited grievance procedures are described in Section 14-III.E., below. 
If HUD has issued a due process determination, the PHA may evict through the state/local 
judicial eviction procedures. In this case, the PHA is not required to provide the opportunity for a 
hearing under the PHA’s grievance procedure as described above. 
PHA Policy 
The PHA is located in a HUD-declared due process state. Therefore, the PHA will not 
offer grievance hearings for lease terminations involving criminal activity that resulted in 
a felony conviction of a household member or that threatens the health, safety, or right to

14-16 
peaceful enjoyment of the premises of other residents or employees of the PHA, or for 
violent or drug-related criminal activity on or off the premises, or for any criminal 
activity that resulted in felony conviction of a household member. 
 
See Chapter 13 for related policies on the content of termination notices. 
 
Ensuring Accessibility for Persons with Disabilities and LEP Individuals  
As with in-person informal settlement of Grievances and the associated hearings, the method for 
conducting remote informal settlement of Grievances and the associated hearings must be 
accessible to persons with disabilities and the settlement/hearing must be conducted in 
accordance with Section 504 and accessibility requirements. This includes ensuring any 
information, websites, emails, digital notifications, and other virtual platforms are accessible for 
persons with vision, hearing, and other disabilities.  
Further, providing effective communication in a digital context may require the use of 
individualized auxiliary aids or services, such as audio description, captioning, sign language and 
other types of interpreters, keyboard accessibility, accessible documents, screen reader support, 
and transcripts. Auxiliary aids or services must be provided in accessible formats, in a timely 
manner, and in such a way to protect the privacy and independence of the individual.  
PHAs may never request or require that individuals with disabilities provide their own auxiliary 
aids or services, including for remote informal settlement of Grievances and the associated 
hearing.  
PHAs are required to make reasonable accommodations in policies, practices, and procedures to 
ensure persons with disabilities have a full and equal opportunity to participate in and benefit 
from all aspects of the informal settlement/hearing process. See Chapter 2 for a more detailed 
discussion of reasonable accommodation requirements.  
If no method of conducting a remote informal settlement of Grievances or the associated hearing 
is available that appropriately accommodates an individual’s disability, the PHA may not hold 
against the individual his or her inability to participate in the remote settlement/hearing, and the 
PHA should consider whether postponing the earing to a later date is appropriate or whether 
there is a suitable alternative.  
Due to the individualized nature of disability, the appropriate auxiliary aid or service necessary, 
or reasonable accommodation, will depend on the specific circumstances and requirements.  
As with in-person settlements/hearings, Limited English Proficiency (LEP) requirements also 
apply to remote informal settlements/hearings, including the use of interpretation services and 
document translation. See Chapter 2 for a more thorough discussion of accessibility and LEP 
requirements, all of which apply in the context of remote informal settlements/hearings.

14-17 
14-III.D. INFORMAL SETTLEMENT OF GRIEVANCE [24 CFR §966.54] [SEE LOCAL 
PROCEDURE, “GRIEVANCE POLICY AND FLOWCHART” FOR DETAILS] 
The informal settlement is the first step in the Public Housing Grievance process, and is 
performed internally, between the tenant and PHA.  As of March 8, 2016, HUD no longer 
mandates the grievance process, instead allowing local authority to determine the process.   
PHA Policy 
The PHA will accept requests for an informal settlement of a grievance in orally or in 
writing (including emailed requests), to the PHA office or to the office of the housing 
development in which the complainant resides, within 10 business days of the grievable 
event, to allow the grievance to be discussed informally and settled without a hearing. 
 
Within 10 business days of receipt of the request, the PHA will mail and/or email the 
tenant the date and time of the appointment. The tenant must notify the PHA in writing 
48 hours in advance to reschedule the appointment. 
 
The PHA has the option to conduct the informal settlement via writing only, or it may be 
conducted remotely, telephonically, or in person. The PHA has the sole discretion 
regarding the method of an informal settlement. 
 
If a tenant fails to attend the scheduled meeting without prior notice, the PHA will 
reschedule the appointment only if the tenant can show good cause for failing to appear, 
or if it is needed as a reasonable accommodation for a person with disabilities. 
 
Good cause is defined as an unavoidable conflict, which seriously affects the health, 
safety, or welfare of the family. 
HUD regulations require that a summary of such discussion will be prepared within a reasonable 
time and one copy will be given to the tenant and one retained in the PHA’s tenant file. 
The summary must specify the names of the participants, dates of meeting, the nature of the 
proposed disposition of the complaint and the specific reasons therefore, and will specify the 
procedures by which a hearing may be obtained if the complainant is not satisfied. 
PHA Policy 
The PHA has the sole discretion to determine the method of holding the informal 
grievance settlement meeting. 
 
The PHA will prepare a summary of the informal settlement within 5 business days; one 
copy to be given to the tenant and one copy to be retained in the PHA’s tenant file. 
For PHAs who have the option to establish an expedited grievance procedure, and who exercise 
this option, the informal settlement of grievances is not applicable to those grievances for which 
the expedited grievance procedure applies.

14-18 
14-III.E. PROCEDURES TO OBTAIN A HEARING AFTER THE INFORMAL 
SETTLEMENT MEETING [24 CFR §966.56(A)] 
Requests for Hearing and Failure to Request [24 CFR §966.56(a), (c)] 
All grievances must be presented in accordance with the informal settlement procedures 
prescribed above as a condition prior to a grievance hearing. 
PHA Policy 
The resident must submit a written request for a grievance hearing to the PHA within 5 
business days of the tenant’s receipt of the summary of the informal settlement. 
 
If the complainant does not request a hearing, the PHA’s disposition of the grievance 
under the informal settlement process will become final. 
 
However, failure to request a hearing does not constitute a waiver by the complainant of 
the right to contest the PHA’s action in disposing of the complaint in an appropriate 
judicial proceeding [24 CFR §966.56(c)]. 
Scheduling of Hearings [24 CFR §966.56(a) and (b)] 
If the complainant has complied with all requirements for requesting a hearing as described 
above, a hearing must be scheduled by the PHA promptly for a time and place reasonably 
convenient to both the complainant and the PHA. 
A written notification specifying the time, place, and the procedures governing the hearing must 
be delivered to the complainant and the appropriate PHA official. 
PHA Policy 
Within 10 business days of receiving a written request for a hearing, the hearing will be 
scheduled and a written notice of the hearing will be sent  the complainant. 
• If the PHA hearing will be conducted remotely, at the time the notice is sent to the 
family, the family will be notified: 
• Regarding the processes involved in a remote grievance hearing; 
• That the PHA will provide technical assistance prior to and during the hearing, if 
needed; and 
• That if the family or any individual witness has any technological, resource, or 
accessibility barriers, the family may inform the PHA and the PHA will assist the 
family in either resolving the issue or allow the family to participate in an in-person 
hearing, as appropriate. 
The PHA may wish to permit the tenant to request to reschedule a hearing for good cause.

14-19 
PHA Policy 
The tenant may request to reschedule a hearing for good cause, or if it is needed as a 
reasonable accommodation for a person with disabilities. Good cause is defined as an 
unavoidable conflict, which seriously affects the health, safety, or welfare of the family. 
Requests to reschedule a hearing must be made orally or in writing prior to the hearing 
date. At its discretion, the PHA may request documentation of the “good cause” prior to 
rescheduling the hearing. 
 
The PHA will not offer expedited grievance procedures. 
14-III.F. SELECTION OF HEARING OFFICER/PANEL  [24 CFR §966.4(N)(2); 
§966.53(E), PIH 2016-05 
The grievance hearing must be conducted by an impartial person or persons appointed by the 
PHA, other than the person who made or approved the PHA action under review, or a 
subordinate of such person.  Such individual or individuals do not need legal training. PHAs 
must describe their policies for selection of a hearing officer in their lease forms as required by 
§966.4. 
PHA Policy 
PHA grievance hearings will be conducted by a single hearing officer and not a panel. 
The PHA will contract a hearing officer. 
The PHA must determine the methodology for appointment of the hearing officer and it must be 
stated in the grievance procedure. 
PHA Policy 
The PHA will appoint a person who has been selected in the manner required under the 
grievance procedure. Efforts will be made to assure that the person selected is neither a 
friend, nor enemy, of the complainant that they do not have a personal stake in the matter 
under dispute and will otherwise not appear to lack impartiality. 
The PHA must include the method of selection in the Public Housing Lease. (24 CFR §966.4) 
(See Public Housing Lease Agreement, effective 7/1/2019, Section XVI.)  
14-III.G. REMOTE HEARINGS  [PIH 2020-32] 
There is no requirement that grievance hearings be conducted in-person, and as such, 
HUD allows PHAs to conduct all or a portion of their grievance hearings remotely either 
over the phone, via video conferencing, or through other virtual platforms. If the PHA 
chooses to conduct remote grievance hearings, applicants may still request an in-person 
hearing, as applicable.PHA Policy 
The PHA has the sole discretion to require informal hearings be conducted remotely.

14-20 
24 CFR §966.56 (a) states, “The hearing must be scheduled promptly for a time and place 
reasonably convenient to both the complainant and the PHA and held before a hearing 
officer. 
 
Remote hearings as a standard of customer service, will allow the PHA to provide a 
reasonable accommodation for a person with a disability, if an applicant does not have 
child care or transportation that would enable them to attend the informal hearing, or if 
the applicant believes an in-person informal hearing would create an undue health risk. 
Discovery of Documents Before the Remote Hearing [PIH 2020-32] 
PHA Policy 
If the hearing will be conducted remotely, the PHA will compile a hearing packet, 
consisting of all documents the PHA intends to produce at the hearing.  
 
The PHA will deliver by mail, email or hand-delivery, copies of the hearing packet to the 
tenant, the tenant’s representatives, if any, and the hearing officer at least three (3) days 
before the scheduled remote hearing. The original hearing packet will be in the 
possession of the PHA representative and retained by the PHA. 
 
If the hearing is to be held in person, the packet will be available at the front desk for the 
tenant to pick up at least three (3) days before the scheduled hearing. 
 
If the hearing is to be conducted remotely, the PHA will require the resident to provide 
any documents directly relevant to the hearing at least 24 hours before the scheduled 
hearing, through US Mail, or email. 
 
The PHA will scan and email copies of these documents to the hearing officer the same 
day they are received. 
 
Documents will be shared electronically whenever possible. 
Conducting Remote Grievance Hearings [PIH 2020-32; 28 CFR §35.104] 
The PHA must ensure that the tenant has the right to hear and be heard. 
The PHA must ensure that the lack of technology or inability to use technology for remote 
grievance hearings does not pose a disadvantage to families that may not be apparent to the 
PHA. The PHA should determine through a survey or other means if these barriers exist prior to 
conducting the remote grievance hearing and, if the family does not have the proper technology 
to fully participate, either postpone the hearing or provide an alternative means of access. 
As with in-person grievance hearings, the PHA must provide all materials presented, whether 
paper or electronic, to the family prior to the remote grievance hearing. The family must also be 
provided with an accessible means by which to transmit their own evidence.

14-21 
The PHA’s essential responsibility is to ensure grievance hearings meet the requirements of due 
process and comply with HUD regulations. Therefore, all PHA policies and processes for remote 
grievance hearings will be conducted in accordance with due process requirements and will be in 
compliance with HUD regulations at 24 CFR 966.56 and the guidance for conducting remote 
hearings specified in Notice PIH 2020-32. 
PHA Policy 
The PHA will conduct remote grievance hearings via videoconferencing or telephone 
conferencing. 
 
If the grievance will be conducted via videoconferencing, the PHA will ensure the 
following: 
• All tenants, tenant’s representatives, witnesses, and PHA representatives can 
adequately access the platform (i.e., hear, be heard, see, and be seen). 
• All parties who must have necessary documentation from the PHA have received it 
and makes it available for the grievance via US mail and/or email. 
• At least 48 hours in advance of the grievance, all parties have received the 
documentation to be presented. 
• At least 48 hours in advance of the grievance, all parties have received information 
on how to access the video or telephone conference. 
− The PHA has tested the access with the participants to ensure on the day and 
time of the grievance, delays due to inability to access will be at a minimum. 
14-III.H. PROCEDURES GOVERNING THE HEARING [24 CFR §966.56] 
Rights of Complainant [24 CFR §966.56(b)] 
The complainant will be afforded a fair hearing. This includes: 
• The opportunity to examine before the grievance hearing any PHA documents, including 
records and regulations that are directly relevant to the hearing. The tenant must be allowed 
to copy any such document at the tenant’s expense. If the PHA does not make the 
document available for examination upon request by the complainant, the PHA may not 
rely on such document at the grievance hearing. 
PHA Policy 
The tenant will be allowed to copy any documents related to the hearing at a cost of $.25 
per page. 
 
For documents determined by the PHA to be relevant, there will be no charge for 
documents emailed by the PHA. The family must request discovery of PHA documents 
no later than 12:00 p.m. on the business day prior to the hearing. 
• The right to be represented by counsel or other person chosen to represent the tenant and to 
have such person make statements on the tenant’s behalf.

14-22 
PHA Policy 
Hearings may be attended by the following applicable persons: 
• The PHA representative(s) and any witnesses for the PHA 
• The tenant and any witnesses for the tenant 
• The tenant’s counsel or other representative 
• PHA’s counsel 
• Any other person approved by the PHA as a reasonable accommodation for a 
person with a disability 
• The right to a private hearing unless the complainant requests a public hearing. 
• The right to present evidence and arguments in support of the tenant’s complaint, to 
controvert evidence relied on by the PHA or project management, and to confront and 
cross-examine all witnesses upon whose testimony or information the PHA or project 
management relies. 
• A decision based solely and exclusively upon the facts presented at the hearing. 
General Procedures [24 CFR §966.56(b), (d), (e), and (f)] 
At the hearing, the complainant must first make a showing of an entitlement to the relief sought 
and thereafter the PHA must sustain the burden of justifying the PHA action or failure to act 
against which the complaint is directed [24 CFR §966.56(d)]. 
The hearing must be conducted by the hearing officer/panel. The PHA and the tenant must be 
given the opportunity to present oral or documentary evidence pertinent to the facts and issues 
raised by the complaint and question any witnesses. In general, all evidence is admissible and 
may be considered without regard to admissibility under the rules of evidence applicable to 
judicial proceedings [24 CFR §966.56(b), (d)]. 
PHA Policy 
Any evidence to be considered by the hearing officer must be presented at the time of the 
hearing. There are four categories of evidence: 
− Oral evidence: the testimony of witnesses 
− Documentary evidence: a writing that is relevant to the case, for example, a letter 
written to the PHA. Writings include all forms of recorded communication or 
representation, including letters, emails, words, pictures, sounds, videotapes or 
symbols or combinations thereof. 
− Police Reports are documentary evidence and will take the place of an officer’s 
presence at the informal hearing. 
− Demonstrative evidence: Evidence created specifically for the hearing and 
presented as an illustrative aid to assist the hearing officer, such as a model, a chart, 
or other diagram.

14-23 
− Real evidence: A tangible item relating directly to the case. 
Hearsay Evidence is evidence based not on a witness’ personal knowledge. In and of 
itself, hearsay evidence carries no weight when making a finding of fact. The hearing 
officer may include hearsay evidence when considering their decision if it is corroborated 
by other evidence. Even though hearsay evidence is generally admissible in a hearing, the 
hearing officer will not base a hearing decision on hearsay alone unless there is clear 
probative value and credibility of the evidence, and the party seeking the change has met 
the burden of proof. 
If the PHA fails to comply with the discovery requirements (providing the tenant with the 
opportunity to examine PHA documents prior to the grievance hearing), the hearing 
officer will refuse to admit such evidence. 
Other than the failure of the PHA to comply with discovery requirements, the hearing 
officer has the authority to overrule any objections to evidence. 
PHA Policy 
The hearing officer/panel must require the PHA, the complainant, counsel and other 
participants or spectators to conduct themselves in an orderly fashion. Failure to comply 
with the directions of the hearing officer/panel to obtain order may result in exclusion 
from the proceedings or in a decision adverse to the interests of the disorderly party and 
granting or denial of the relief sought, as appropriate. 
The complainant or the PHA may arrange, in advance and at the expense of the party making the 
arrangement, for a transcript of the hearing. Any interested party may purchase a copy of such 
transcript [24 CFR §966.56(e)]. 
PHA Policy 
If the complainant would like the PHA to record the proceedings by audiotape, the 
request must be made to the PHA by 12:00 p.m. on the business day prior to the hearing. 
 
The PHA will consider that an audio tape recording of the proceedings is a transcript. 
Accommodations of Persons with Disabilities [24 CFR §966.56(f)] 
The PHA must provide reasonable accommodation for persons with disabilities to participate in 
the hearing. Reasonable accommodation may include qualified sign language interpreters, 
readers, accessible locations, or attendants. 
If the tenant is visually impaired, any notice to the tenant, which is required in the grievance 
process, must be in an accessible format. 
See Chapter 2 for a thorough discussion of the PHA’s responsibilities pertaining to reasonable 
accommodation.

14-24 
Limited English Proficiency (LEP) (24 CFR §966.56(g) 
The PHA must comply with HUD’s LEP Final Rule in providing language services throughout 
the grievance process. 
14-III.I. DECISION OF THE HEARING OFFICER/PANEL [24 CFR §966.57] 
The hearing officer/panel must issue a written decision, stating the reasons for the decision, 
within a reasonable time after the hearing. Factual determinations relating to the individual 
circumstances of the family must be based on a preponderance of evidence presented at the 
hearing. A copy of the decision must be sent to the tenant and the PHA. The PHA must retain a 
copy of the decision in the tenant’s folder. A copy of the decision, with all names and identifying 
references deleted, must also be maintained on file by the PHA and made available for inspection 
by a prospective complainant, his/her representative, or the hearing officer/panel [24 CFR 
§966.57(a)]. 
PHA Policy 
In rendering a decision, the hearing officer will consider the following matters: 
− PHA Notice to the Family: The hearing officer will determine if the reasons for 
the PHA’s decision are factually stated in the notice. 
− Discovery: The hearing officer will determine if the family was given the 
opportunity to examine any relevant documents in accordance with PHA policy. 
− PHA Evidence to Support the PHA Decision: The evidence consists of the facts 
presented. Evidence is not conclusion and it is not argument. The hearing officer 
will evaluate the facts to determine if they support the PHA’s conclusion. 
− Validity of Grounds for Termination of Tenancy (when applicable): The 
hearing officer will determine if the termination of tenancy is for one of the grounds 
specified in the HUD regulations and PHA policies. If the grounds for termination 
are not specified in the regulations or in compliance with PHA policies, then the 
decision of the PHA will be overturned. 
The hearing officer will issue a written decision the PHA no later than 10 business days 
after the hearing. The PHA will provide a copy to the family.  The report will contain the 
following information: 
− Hearing Information:  
• 
Name of the complainant 
• 
Date, time and place of the hearing 
• 
Name of the hearing officer 
• 
Name of the PHA representative(s) 
• 
Name of family representative (if any) 
• 
Names of witnesses (if any)

14-25 
− Background: A brief, impartial statement of the reason for the hearing and the 
date(s) on which the informal settlement was held, who held it, and a summary of 
the results of the informal settlement. Also includes the date the complainant 
requested the grievance hearing. 
− Summary of the Evidence: The hearing officer will summarize the testimony of 
each witness and identify any documents that a witness produced in support of 
his/her testimony and that are admitted into evidence. 
− Findings of Fact: The hearing officer will include all findings of fact, based on a 
preponderance of the evidence. Preponderance of the 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. Preponderance of the evidence may 
not be determined by the number of witnesses, but by the greater weight of all 
evidence. 
− Conclusions: The hearing officer will render a conclusion derived from the facts 
that were found to be true by a preponderance of the evidence. The conclusion will 
result in a determination of whether these facts uphold the PHA’s decision. 
− Order: The hearing report will include a statement of whether the PHA’s decision 
is upheld or overturned. If it is overturned, the hearing officer will instruct the PHA 
to change the decision in accordance with the hearing officer’s determination. In the 
case of termination of tenancy, the hearing officer will instruct the PHA to restore 
the family’s status. 
Procedures for Further Hearing 
PHA Policy 
The hearing officer may ask the family for additional information and/or might adjourn 
the hearing in order to reconvene at a later date, before reaching a decision. If the family 
misses an appointment or deadline ordered by the hearing officer, the action of the PHA 
will take effect and another hearing will not be granted. 
Final Decision [24 CFR §966.57(b)] 
The decision of the hearing officer/panel is binding on the PHA which must take the action, or 
refrain from taking the action cited in the decision unless the PHA Board of Commissioners 
determines within a reasonable time, and notifies the complainant that: 
• The grievance does not concern PHA action or failure to act in accordance with or 
involving the complainant’s lease on PHA policies which adversely affect the 
complainant’s rights, duties, welfare, or status; or

14-26 
• The decision of the hearing officer/panel is contrary to Federal, state, or local law, 
HUD regulations or requirements of the annual contributions contract between HUD 
and the PHA 
PHA Policy 
When the PHA considers the decision of the hearing officer to be invalid due to the 
reasons stated above, it will present the matter to the PHA Board of Commissioners 
within 10 business days of the date of the hearing officer’s decision. The Board has 30 
calendar days to consider the decision. If the Board decides to reverse the hearing 
officer’s decision, it must notify the complainant within 10 business days of this decision. 
A decision by the hearing officer/panel, or Board of Commissioners in favor of the PHA or 
which denies the relief requested by the complainant in whole or in part must not constitute a 
waiver of any rights the complainant may have to a subsequent trial or judicial review in court 
[24 CFR §966.57(c)].

15-1 
Chapter 15  
PROGRAM INTEGRITY 
INTRODUCTION 
The PHA is committed to ensuring that funds made available to the PHA are spent in accordance 
with HUD requirements. 
This chapter covers HUD and PHA policies designed to prevent, detect, investigate and resolve 
instances of program abuse or fraud. It also describes the actions that will be taken in the case of 
unintentional errors and omissions. 
Part I: Preventing, Detecting, and Investigating Errors and Program Abuse. This 
part presents PHA policies related to preventing, detecting, and investigating errors and 
program abuse. 
Part II: Corrective Measures and Penalties. This part describes the corrective 
measures the PHA must and may take when errors or program abuses are found.

15-2 
PART I: PREVENTING, DETECTING, AND  
INVESTIGATING ERRORS AND PROGRAM ABUSE 
15-I.A. PREVENTING ERRORS AND PROGRAM ABUSE 
HUD created the Enterprise Income Verification (EIV) system to provide PHAs with a powerful 
tool for preventing errors and program abuse. PHAs are required to use the EIV system in its 
entirety in accordance with HUD administrative guidance [24 CFR §5.233]. PHAs are further 
required to: 
• Provide applicants and residents with form HUD-52675, “Debts Owed to PHAs and 
Terminations” 
• Require all adult members of an applicant or participant family to acknowledge receipt of 
form HUD-52675 by signing a copy of the form for retention in the family file 
PHA Policy 
The PHA anticipates that the vast majority of families and PHA employees intend to and 
will comply with program requirements and make reasonable efforts to avoid errors. 
 
To ensure that the PHA’s program is administered effectively and according to the 
highest ethical and legal standards, the PHA will employ a variety of techniques to ensure 
that both errors and intentional program abuse are rare. 
 
The PHA will provide each applicant and resident with a copy of “Is Fraud Worth It?” 
(form HUD-1141-OIG), which explains the types of actions a family must avoid and the 
penalties for program abuse. 
 
The PHA will provide each applicant and resident with a copy of “What You Should 
Know about EIV,” a guide to the Enterprise Income Verification (EIV) system published 
by HUD as an attachment to Notice PIH 2017-12. In addition, the PHA will require the 
head of each household to acknowledge receipt of the guide by signing a copy for 
retention in the family file. 
 
The PHA will require mandatory orientation sessions for all prospective residents either 
prior to or upon execution of the lease. The PHA will discuss program compliance and 
integrity issues. At the conclusion of all program orientation sessions, the family 
representative will be required to sign a program briefing certificate to confirm that all 
rules and pertinent regulations were explained to them. 
 
The PHA will routinely provide resident counseling as part of every reexamination 
interview in order to clarify any confusion pertaining to program rules and requirements. 
 
PHA staff will be required to review and explain the contents of all HUD- and PHA-
required forms prior to requesting family member signatures.

15-3 
The PHA will place a warning statement about the penalties for fraud (as described in 18 
U.S.C. 1001 and 1010) on key PHA forms and form letters that request information from 
a family member. 
 
The PHA will provide each PHA employee with the necessary training on program rules 
and the organization’s standards of conduct and ethics. 
 
At every regular reexamination the PHA staff will explain any changes in HUD 
regulations or PHA policy that affect residents. 
For purposes of this chapter the term error refers to an unintentional error or omission. Program 
abuse or fraud refers to a single act or pattern of actions that constitute a false statement, 
omission, or concealment of a substantial fact, made with the intent to deceive or mislead. 
15-I.B. DETECTING ERRORS AND PROGRAM ABUSE 
In addition to taking steps to prevent errors and program abuse, the PHA will use a variety of 
activities to detect errors and program abuse. 
Quality Control and Analysis of Data 
PHA Policy 
The PHA will employ a variety of methods to detect errors and program abuse, including: 
• The PHA routinely will use EIV and other non-HUD sources of up-front income 
verification. This includes the Work Number and any other private or public 
databases available to the PHA. 
• At each annual reexamination, current information provided by the family will be 
compared to information provided at the last annual reexamination to identify 
inconsistencies and incomplete information. 
• The PHA will compare family-reported income and expenditures to detect 
possible unreported income. 
Independent Audits and HUD Monitoring 
Notice PIH 2015-16 requires all PHAs that expend $750,000 or more in federal awards annually 
to have an independent audit (IPA). In addition, HUD conducts periodic on-site and automated 
monitoring of PHA activities and notifies the PHA of errors and potential cases of program 
abuse. 
PHA Policy 
The PHA will use the results reported in any IPA or HUD monitoring reports to identify 
potential program abuses as well as to assess the effectiveness of the PHA’s error 
detection and abuse prevention efforts.

15-4 
Individual Reporting of Possible Errors and Program Abuse 
PHA Policy 
The PHA will encourage staff, residents, and the public to report possible program abuse. 
15-I.C. INVESTIGATING ERRORS AND PROGRAM ABUSE 
When the PHA Will Investigate 
PHA Policy 
The PHA will review all referrals, specific allegations, complaints, and tips from any 
source including other agencies, companies, and individuals, to determine if they warrant 
investigation. In order for the PHA to investigate, the allegation must contain at least one 
independently-verifiable item of information, such as the name of an employer or the 
name of an unauthorized household member. 
 
The PHA will investigate when inconsistent or contradictory information is detected 
through file reviews and the verification process. 
Consent to Release of Information [24 CFR §960.259] 
The PHA may investigate possible instances of error or abuse using all available PHA and public 
records. If necessary, the PHA will require families to sign consent forms for the release of 
additional information. 
Analysis and Findings 
PHA Policy 
The PHA will base its evaluation on a preponderance of the evidence collected during its 
investigation. 
 
Preponderance of the 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 that as 
a whole shows that the fact sought to be proved is more probable than not. Preponderance 
of evidence may not be determined by the number of witnesses, but by the greater weight 
of all evidence. 
 
For each investigation the PHA will determine (1) whether an error or program abuse has 
occurred, (2) whether any amount of money is owed the PHA, and (3) what corrective 
measures or penalties will be assessed.

15-5 
Consideration of Remedies 
All errors and instances of program abuse must be corrected prospectively. Whether the PHA 
will enforce other corrective actions and penalties depends upon the nature of the error or 
program abuse. 
PHA Policy 
In the case of family-caused errors or program abuse, the PHA will take into 
consideration (1) the seriousness of the offense and the extent of participation or 
culpability of individual family members, (2) any special circumstances surrounding the 
case, (3) any mitigating circumstances related to the disability of a family member, (4) 
the effects of a particular remedy on family members who were not involved in the 
offense. 
Notice and Appeals 
PHA Policy 
The PHA will inform the relevant party in writing of its findings and remedies within 10 
business days of the conclusion of the investigation. The notice will include (1) a 
description of the error or program abuse, (2) the basis on which the PHA determined the 
error or program abuses, (3) the remedies to be employed, and (4) the family’s right to 
appeal the results through an informal hearing or grievance hearing (see Chapter 14).

15-6 
PART II: CORRECTIVE MEASURES AND PENALTIES 
15-II.A. UNDER- OR OVERPAYMENT 
An under- or overpayment includes an incorrect tenant rent payment by the family, or an 
incorrect utility reimbursement to a family. 
Corrections 
Whether the incorrect rental determination is an overpayment or underpayment, the PHA must 
promptly correct the tenant rent and any utility reimbursement prospectively. 
PHA Policy 
Increases in the tenant rent will be implemented on the first of the month following a 
written 30 day notice. 
 
Any decreases in tenant rent will become effective the first of the month following the 
discovery of the error. 
Reimbursement 
Whether the family is required to reimburse the PHA or the PHA is required to reimburse the 
family depends upon which party is responsible for the incorrect payment and whether the action 
taken was an error or program abuse. Policies regarding reimbursement are discussed in the three 
sections that follow. 
15-II.B. FAMILY-CAUSED ERRORS AND PROGRAM ABUSE 
General administrative requirements for participating in the program are discussed throughout 
the ACOP. This section deals specifically with errors and program abuse by family members. 
An incorrect rent determination caused by a family generally would be the result of incorrect 
reporting of family composition, income, assets, or expenses, but also would include instances in 
which the family knowingly allows the PHA to use incorrect information provided by a third 
party. 
Family Reimbursement to PHA 
PHA Policy 
In the case of family-caused errors or program abuse, the family will be required to repay 
any amounts of rent underpaid. The PHA may, but is not required to, offer the family a 
repayment agreement in accordance with Chapter 16. If the family fails to repay the 
amount owed, the PHA will terminate the family’s lease in accordance with the policies 
in Chapter 13.

15-7 
PHA Reimbursement to Family 
PHA Policy 
The PHA will not reimburse the family for any overpayment of rent when the 
overpayment clearly is caused by the family. 
Prohibited Actions 
An applicant or resident in the public housing program must not knowingly: 
• Make a false statement to the PHA [Title 18 U.S.C. Section 1001]. 
• Provide incomplete or false information to the PHA [24 CFR §960.259(a)(4)]. 
• Commit fraud, or make false statements in connection with an application for assistance 
or with reexamination of income [24 CFR §966.4(l)(2)(iii)(C)]. 
PHA Policy 
Any of the following will be considered evidence of family program abuse: 
• Offering bribes or illegal gratuities to the PHA Board of Commissioners, 
employees, contractors, or other PHA representatives 
• Offering payments or other incentives to a third party as an inducement for the 
third party to make false or misleading statements to the PHA on the family’s 
behalf 
• Use of a false name or the use of falsified, forged, or altered documents 
• Intentional misreporting of family information or circumstances (e.g., 
misreporting of income or family composition) 
• Omitted facts that were obviously known by a family member (e.g., not reporting 
employment income) 
• Admission of program abuse by an adult family member 
The PHA may determine other actions to be program abuse based upon a preponderance 
of the evidence, as defined earlier in this chapter. 
Penalties for Program Abuse 
In the case of program abuse caused by a family the PHA may, at its discretion, impose any of 
the following remedies. 
• The PHA may require the family to repay any amounts owed to the program (see Section 
15-II.B., Family Reimbursement to PHA). 
• The PHA may require, as a condition of receiving or continuing assistance, that a 
culpable family member not reside in the unit. See policies in Chapter 3 (for applicants) 
and Chapter 13 (for residents).

15-8 
• The PHA may deny admission or terminate the family’s lease following the policies set 
forth in Chapter 3 and Chapter 13 respectively. 
• The PHA may refer the family for state or federal criminal prosecution as described in 
section 15-II.D. 
15-II.C. PHA-CAUSED ERRORS OR PROGRAM ABUSE 
The responsibilities and expectations of PHA staff with respect to normal program 
administration are discussed throughout the ACOP. This section specifically addresses actions of 
a PHA staff member that are considered errors or program abuse related to the public housing 
program. Additional standards of conduct may be provided in the PHA personnel policy. 
PHA-caused incorrect rental determinations include (1) failing to correctly apply public housing 
rules regarding family composition, income, assets, and expenses, and (2) errors in calculation. 
Repayment to the PHA 
The family is not required to repay an underpayment of rent if the error or program abuse is 
caused by PHA staff. 
PHA Reimbursement to Family 
PHA Policy 
The PHA will reimburse a family for any family overpayment of rent, regardless of 
whether the overpayment was the result of staff-caused error or staff program abuse. 
Prohibited Activities 
PHA Policy 
Any of the following will be considered evidence of program abuse by PHA staff: 
• Failing to comply with any public housing program requirements for personal 
gain 
• Failing to comply with any public housing program requirements as a result of a 
conflict of interest relationship with any applicant or resident 
• Seeking or accepting anything of material value from applicants, residents, 
vendors, contractors, or other persons who provide services or materials to the 
PHA 
• Disclosing confidential or proprietary information to outside parties 
• Gaining profit as a result of insider knowledge of PHA activities, policies, or 
practices 
• Misappropriating or misusing public housing funds

15-9 
• Destroying, concealing, removing, or inappropriately using any records related to 
the public housing program 
• Committing any other corrupt or criminal act in connection with any federal 
housing program 
• Committing sexual harassment or other harassment based on race, color, religion, 
national origin, familial status, disability, sexual orientation, or gender identity, 
either quid pro quo (supervisory harassment) or hostile environment 
• Allowing sexual harassment or other harassment based on race, color, religion, 
national origin, familial status, disability, sexual orientation, or gender identity, 
either quid pro quo (supervisory harassment) or hostile environment, where the 
PHA knew or should have known such harassment was occurring 
• Retaliating against any applicant, resident, or staff reporting sexual harassment or 
other harassment based on race, color, religion, national origin, familial status, 
disability, sexual orientation, or gender identity, either quid pro quo (supervisory 
harassment) or hostile environment 
15-II.D. CRIMINAL PROSECUTION 
PHA Policy 
Criminal violations related to the HCV program will be referred to the appropriate local, 
state, or federal entity. 
 
In determining prosecution, the City of Chandler Housing and Redevelopment Division 
will examine each case by case using a three-prong approach.  The three-prong approach 
is as follows: 
1) Loss 
2) Criminal intent that is it egregious 
3) Extenuating Circumstances.  The City of Chandler reserves the right to terminate 
assistance in high profile or violent crime cases. 
15-II.E. FRAUD AND PROGRAM ABUSE RECOVERIES 
PHAs who enter into a repayment agreement with a family to collect rent owed, initiate litigation 
against the family to recover rent owed, or begin eviction proceedings against a family may 
retain 100 percent of program funds that the PHA recovers [Notice PIH 2005-7 (HA)]. 
If the PHA does none of the above, all amounts that constitute an underpayment of rent must be 
returned to HUD. 
The family must be afforded the opportunity for a hearing through the PHA’s grievance process.

16-1 
Chapter 16  
PROGRAM ADMINISTRATION 
INTRODUCTION 
This chapter discusses administrative policies and practices that are relevant to the activities 
covered in this ACOP. The policies are discussed in seven parts as described below: 
Part I: Setting Utility Allowances. This part describes how utility allowances are 
established and revised. Also discussed are the requirements to establish surcharges 
for excess consumption of PHA-furnished utilities. 
Part II: Establishing Flat Rents and Public Housing Maximum Rents. This part 
describes the requirements and policies related to establishing and updating flat rent 
amounts and public housing maximum rents. 
Part III: Repayment of Family Debts. This part contains policies for recovery of 
monies that have been underpaid by families, and describes the circumstances under 
which the PHA will offer repayment agreements to families. Also discussed are the 
consequences for failure to make payments in accordance with a repayment 
agreement. 
Part IV: Public Housing Assessment System (PHAS). This part describes the PHAS 
indicators, how PHAs are scored under PHAS, and how those scores affect a PHA. 
Part V: Record-Keeping. All aspects of the program involve certain types of record-
keeping. This part outlines the privacy rights of applicants and participants and record 
retention policies the PHA will follow. 
Part VI:  Reporting and Record Keeping for Children with Elevated Blood Lead 
Level. This part describes the PHA’s reporting responsibilities related to children with 
elevated blood lead levels that are living in public housing. 
Part VII: Violence against Women Act (VAWA): Notification, Documentation, 
and Confidentiality. This part contains key terms used in VAWA and describes 
requirements related to notifying families about their rights and responsibilities under 
VAWA; requesting documentation from victims of domestic violence, dating violence, 
sexual assault, and stalking; and maintaining the confidentiality of information 
obtained from victims.

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PART I: SETTING UTILITY ALLOWANCES [24 CFR §965 Subpart E] 
16-I.A. OVERVIEW 
PHAs must establish allowances for PHA-furnished utilities for all check metered utilities and 
for resident-purchased utilities for all utilities purchased directly by residents from a utility 
supplier [24 CFR §965.502(a)]. 
PHAs must also establish surcharges for excess consumption of PHA-furnished utilities [24 
CFR §965.506]. 
The PHA must maintain a record that documents the basis on which utility allowances and 
scheduled surcharges are established and revised, and the record must be made available for 
inspection by residents [24 CFR §965.502(b)]. 
16-I.B UTILITY ALLOWANCES 
The PHA must establish separate allowances for each utility and for each category of dwelling 
units the PHA determines to be reasonably comparable as to factors affecting utility usage [24 
CFR §965.503]. 
The objective of a PHA in establishing utility allowances for each dwelling unit category and 
unit size is to approximate a reasonable consumption of utilities by an energy-conservative 
household of modest circumstances consistent with the requirements of a safe, sanitary, and 
healthful living environment [24 CFR §965.505]. 
Utilities include gas, electricity, fuel for heating, water, sewerage, and solid waste disposal for 
a dwelling unit. In addition, if the PHA does not furnish a range and refrigerator, the family 
must be granted a utility allowance for the range and refrigerator they provide [24 CFR 
§965.505]. 
Costs for telephone, cable/satellite TV, and internet services are not considered utilities [PH 
Occ GB, p. 138]. 
Utility allowance amounts will vary by the rates in effect, size and type of unit, climatic 
location and sitting of the unit, type of construction, energy efficiency of the dwelling unit, 
and other factors related to the physical condition of the unit.  Utility allowance amounts will 
also vary by residential demographic characteristics affecting home energy usage [PH Occ 
GB, p. 138]. 
Chapter 14 of the PH Occupancy Guidebook provides detailed guidance to the PHA about 
establishing utility allowances. 
Air-Conditioning

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“If a PHA installs air conditioning, it shall provide, to the maximum extent economically 
feasible, systems that give residents the option of choosing to use air conditioning in their 
units. 
The design of systems that offer each resident the option to choose air conditioning shall 
include retail meters or check meters, and residents shall pay for the energy used in its 
operation. For systems that offer residents the option to choose air conditioning but cannot be 
check metered, residents are to be surcharged in accordance with 965.506. If an air 
conditioning system does not provide for resident option, residents are not to be charged, and 
these systems should be avoided whenever possible.” [24 CFR §965.505(e)]. 
PHA Policy 
The PHA has installed air-conditioning. 
PHA Policy 
The United States Department of Housing and Urban Development (HUD) does not 
generally allow Housing Authorities to include air conditioning as a part of the utility 
allowance for Public Housing.  Per 24 CFR §965.508 (Individual Relief), Public 
Housing Authorities may provide relief to resident purchased utilities on reasonable 
grounds.  Housing staff and the Public Housing Authority Commission have 
determined that in Chandler, Arizona, the desert climate meets the ‘special factors’ 
criteria of a 'health and safety' (healthy living environment) and therefore grants relief 
to the residents by providing Public Housing residents with a reasonable air 
conditioning utility allowance.  Every resident who signs a Public Housing Lease 
Agreement is deemed qualified and therefore request an air conditioning utility 
allowance. 
Utility Allowance Revisions [24 CFR §965.507] 
The PHA must review at least annually the basis on which utility allowances have 
been established and must revise the allowances if necessary in order to adhere to the 
standards for establishing utility allowances that are contained in 24 CFR §965.505. 
 
 
The PHA may revise its allowances for resident-purchased utilities between annual 
reviews if there is a rate change, and is required to do so if such change, by itself or 
together with prior rate changes not adjusted for, results in a change of 10 percent or 
more from the rate on which the allowance was based. 
 
Adjustments to resident payments as a result of such changes must be retroactive to 
the first day of the month following the month in which the last rate change taken into 
account became effective. 
PHA Policy 
Between annual reviews of utility allowances, the PHA will only revise its utility 
allowances due to a rate change, when required to by the regulation.

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16-I.C. SURCHARGES FOR PHA-FURNISHED UTILITIES [24 CFR §965.506] 
For dwelling units subject to allowances for PHA-furnished utilities where check meters have 
been installed, the PHA must establish surcharges for utility consumption in excess of the 
allowances. Surcharges may be computed on a straight per unit of purchase basis or for stated 
blocks of excess consumption, and must be based on the PHA’s average utility rate. The basis 
for calculating the surcharges must be described in the PHA’s schedule of allowances. 
Changes in the amount of surcharges based directly on changes in the PHA’s average utility 
rate are not subject to the advance notice requirements discussed under 16-I.D. 
For dwelling units served by PHA-furnished utilities where check meters have not been 
installed, the PHA must establish schedules of surcharges indicating additional dollar amounts 
residents will be required to pay by reason of estimated utility consumption attributable to 
resident-owned major appliances or to optional functions of PHA-furnished equipment. The 
surcharge schedule must state the resident-owned equipment (or functions of PHA-furnished 
equipment) for which surcharges will be made and the amounts of such charges. Surcharges 
must be based on the cost to the PHA of the utility consumption estimated to be attributable to 
reasonable usage of such equipment. 
PHA Policy 
The PHA does have PHA-furnished utilities (water only for family sites). 
16-I.D. NOTICE REQUIREMENTS [24 CFR §965.502] 
The PHA must give notice to all residents of proposed allowances and scheduled surcharges, 
and revisions thereof. The notice must be given in the manner provided in the lease and must: 
• Be provided at least 60 days before the proposed effective date of the allowances, 
scheduled surcharges, or revisions. 
• Describe the basis for determination of the allowances, scheduled surcharges, or 
revisions, including a statement of the specific items of equipment and function whose 
utility consumption requirements were included in determining the amounts of the 
allowances and schedule of surcharges. 
• Notify residents of the place where the PHA’s documentation on which allowances 
and surcharges are based is available for inspection. 
• Provide all residents an opportunity to submit written comments during a period 
expiring not less than 30 days before the proposed effective date of the allowances, 
scheduled surcharges, or revisions. 
16-I.E. REASONABLE ACCOMMODATION [24 CFR §965.508] 
On request from a family that includes a disabled or elderly person, the PHA must approve a 
utility allowance that is higher than the applicable amount for the dwelling unit if a higher

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utility allowance is needed as a reasonable accommodation to make the program accessible to 
and usable by the family [PH Occ GB, p. 172]. 
Likewise, residents with disabilities may not be charged for the use of certain resident-
supplied appliances if there is a verified need for special equipment because of the disability 
[PH Occ GB, p. 172]. 
See Chapter 2 for policies regarding the request and approval of reasonable accommodations.

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PART II: ESTABLISHING FLAT RENTS 
16-II.A. OVERVIEW 
Flat rents are designed to encourage self-sufficiency and to avoid creating disincentives for 
continued residency by families who are attempting to become economically self-sufficient. 
Flat rents are also used to prorate assistance for a mixed family. A mixed family is one whose 
members include those with citizenship or eligible immigration status, and those without 
citizenship or eligible immigrations status [24 CFR §5.504]. 
This part discusses how the PHA establishes and updates flat rents. Policies related to the use 
of flat rents, family choice of rent, flat rent hardships, and proration of rent for a mixed family 
are discussed in Chapter 6. 
16-II.B. FLAT RENTS [24 CFR §960.253(B) AND NOTICE PIH 2021-27] 
Establishing Flat Rents 
The FY 2014 Appropriations Act required PHAs to establish flat rents at no less than 80 
percent of the applicable Fair Market Rent (FMR), and established rent increase phase-in 
requirements 2 to prevent family rental payments from increasing by more than 35 percent. 
The FY 2015 Appropriations Act (Act) maintained the FY 2014 rent increase phase-in 
requirements and amended the 2014 Act to require that flat rents be set at no less than the 
lower of:  
1. . 80 percent of the applicable FMR established under Section 8(c) of this Act; or  
2.  At the discretion of the Secretary, 80 percent of such other applicable FMR 
established by the Secretary that the Secretary determines more accurately 
reflects local market conditions and is based on an applicable market area that is 
geographically smaller than the applicable market area used for purposes of the 
applicable FMR under Section 8(c) of this Act (such as the applicable Small 
Area Fair Market Rent (SAFMR) or unadjusted rent). 
For some areas for which HUD does not publish a SAFMR, HUD will permit PHAs to use 80 
percent of the unadjusted rent to satisfy Option 2, which HUD will publish annually on its 
website.  
If a PHA does not believe the 80 percent FMR is reflective of its local market conditions (flat 
rent setting Option 1), it may use a HUD-established FMR that is based on an area 
geographically smaller than the effective FMR published in the Federal Register to determine 
the minimum flat rent amount (flat rent setting Option 2). 
PHA Policy

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COCHRD will use the published FMRs only to determine annual flat rents. 
Exception Flat Rents 
HUD only requires flat rent exception requests when PHAs are setting flat rents at an amount 
that is lower than the lesser of the following (less utility allowances, if applicable):  
1. 80 percent of the FMR, or  
2.  80 percent of the SAFMR (or if a SAFMR is not available, 80 percent of the 
unadjusted rent).  
PHAs do not need to submit exception requests to set flat rents at or above 80 percent of the 
FMR or SAFMR, or if the SAFMR is not available, 80 percent of the unadjusted rent. 
The flat rent exception request process is for a PHA that wishes to base its flat rents on 
specific market conditions supported by a market analysis.  
PHAs do not need to submit a request to HUD in order to use the FMR, SAFMR, or 
unadjusted rent to set flat rents in accordance with Sections 3 and 4 of this Notice.  
However, PHAs are encouraged to maintain the justification locally for all flat rent amounts. 
If the flat rent amount is set above 80% of the FMR, PHAs are encouraged to maintain 
whatever records are appropriate documenting their rent levels.  
A market analysis must be submitted using HUD Form 5880 “Flat Rent Market Analysis 
Summary”, which can be accessed at 
https://www.hud.gov/sites/dfiles/OCHCO/documents/5880.xlsx.  Training for how to use the 
tool can be accessed at https://youtu.be/jpGUicpzVTM.  
All requirements for submitting a Flat Rent Exception request are found in PIH Notice 2021-
27, Section 5. 
PHAs must receive written HUD approval before implementing exception flat rents. Until 
such a determination has been received, the PHA should continue to use its current flat rent 
schedule. 
PHAs with a previously approved flat rent exception request may request an extension of this 
approval under specific circumstance, which can be found in PIH Notice 2021-27. 
HUD will not approve extension requests that include changes or additions to previously 
approved exception flat rents. FMR’s and Utility Payments [PIH 2021-27] 
FMRs are gross rent estimates that cover the rent plus the cost of all necessary utilities 
regardless of who actually pays the utilities. 
Although the inclusion of utilities in the FMR is an accurate estimate of the cost of renting a 
unit in a particular area, their inclusion for purposes of setting Public Housing flat rents may

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lead to families paying more in gross rent if the rent is not adjusted to reflect any utility 
allowance (UA) that are the family’s responsibility. 
To address this issue when establishing flat rents, PHAs must consider who is responsible for 
direct utility payments to the utility company and provide for a utility allowance as necessary. 
Such utility allowances must be established consistent with the requirements of 24 CFR 
§960.253(b)(4) and 24 CFR §965, Subpart E. 
Flat rents are always inclusive of utilities. In the case of a flat rent set using the FMR, 
utilities should be subtracted before setting the rent.  
The formula to calculate an FMR-based flat rent is: 
(FMR [or SAFMR, Unadjusted Rent (UR) as applicable] x 80%) − Utility 
Allowance (UA)= Flat Rent. 
PHA Policy 
When analyzing flat rents, COCHRD will calculate 80 percent of the FMR, then 
subtract the UA.  The result is the final Flat Rent. 
Housing Specialists will then include the amount for any applicable UA into the rent 
calculation portion of the annual reexamination. 
If a PHA sets an exception flat rent using a market study, then the market study takes into 
account and adjusts for the value of utilities. The cost of utilities is included in the flat rent. 
For example, if a PHA has a flat rent of $500 per month and a utility allowance 
for that size unit is $75, then:  
A. The FMR based flat rent would be $500 (FMR x 80%), minus the utility 
allowance ($500-$75), resulting in the final flat rent amount of $425.  
B. Or, if a market study is used, the flat rent derived from a market study 
would be $500. 
Flat Rent Policies 
1. No later than 90 days after the effective date of new FMRs/SAFMRs/unadjusted rent 
that are published by HUD, PHAs must revise flat rents as necessary based on changes 
to the HUD-published FMRs/SAFMRs/unadjusted rent .  Using the formula above to 
calculate an FMR-based flat rent, compare the current flat rent amount to the 
applicable FMR and SAFMR/unadjusted rent. If the PHA is in compliance with this 
law, no further steps are necessary: 
a) If the flat rent is at least equal to the lower of: 
i. 80 percent of the FMR, or 
ii. 80 percent of the SAFMR (or if no SAFMR is available, 80 percent of 
unadjusted rent).

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b) If the current flat rent is less than the lower of either option above, the PHA 
must set flat rents at no less than 80 percent of the lower of the 80 percent 
FMR or 80 percent SAFMR/80 percent unadjusted rent, subject to the utilities 
adjustment in Section 6 of this Notice, or the PHA may request an exception 
flat rent pursuant to the requirements of Section 5 of this Notice: 
 PHA Policy 
COCHRD will adjust the flat rents annually based on the HUD-published FMR for 
each bedroom size. 
Flat Rent Increase Phase-In Requirements 
If an existing flat rent tenant’s rental payment prior to any applicable adjustments for 
utilities payments increases by more than 35 percent as a result of changes to the flat rent 
amount, the increase must be phased-in such that a family does not experience an increase in 
their rental payment of more than 35 percent. 
In order to determine how to phase-in increases in rental payments, on a case by-case basis at 
the family’s next annual rent option, PHA must: 
• Compare the updated flat rent amount for the unit size to the rent that was being paid 
by the family: 
− If the new 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;  
− If the PHA 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, determined by the flat rent impact 
analysis; 
• 
or the previously calculated income-based rent. 
PHA Policy 
COCHRD will compare the newly updated flat rent amount for the unit size/location, 
to the rent amount being paid by the family at the time of the annual reexamination 
(either based on last year’s flat rent or income-based rent). 
COCHRD will follow the steps above to determine both, the new flat rent amount and 
an income-based rent amount for the family, allowing them to make an informed 
decision regarding the monthly rental amount. 
Example - Flat Rent Increase Does Not Require Phase-In –  
Gordon family is currently paying a flat rent of $350 per month, instead of an income-
based rent of $500. During the annual reexamination meeting, the PHA informs the

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family that the flat rent has increased to $450 per month. Because the increase in the 
flat rent amount does not represent an increase of more than 35 percent from the 
Gordon’s previous rental payment amount, they have the option to pay the new flat 
rent amount of $450 or pay the income-based rent of $500. The Gordon family 
chooses to pay the new flat rent amount of $450. Initial Flat Rent: $350 New Flat 
Rent: $450  
Family Rent Increase Impact Analysis –  
Initial 
Household 
Rent (HR) 
Impact 
Analysis 
(HR x 1.35) 
New Flat 
Rent 
amount 
Income-
Based Rent 
New 
Household  
Rent 
$350 
$472.50 
$450 
$500 
$450 
Example - Flat Rent Increase Requires Phase-In – 
The Jones family is currently paying the flat rent amount of $500 per month. When the Jones 
family meets with the PHA to discuss rent options, the PHA tells the family that the flat rent 
amount has increased to $700. However, the PHA tells the family that the family’s flat rent 
payment would only increase to $675 because flat rent changes must be phased-in as 
necessary to ensure that the family’s existing rental payment does not increase by 35 percent 
or more annually. The family has the option to pay either the $675 per month, or an income-
based rent of $800 per month based on the most recent examination of the Jones’ family 
income. The Jones family chooses to pay the flat rent amount of $675 
Initial Household Rent: $500  
New Flat Rent: $700  
New Household Rent: $675  
At the next annual rent option meeting between the Jones family and the PHA, the PHA 
informs the Jones family that the flat rent amount has increased to $750 per month due to an 
increase in the FMR. Because the new flat rent amount represents less than a 35 percent 
increase from the previous rental payment, the Jones family has the option to pay the new flat 
rent amount of $750 or the income-based rent amount of $800 based on the most recent 
examination of family income and composition. The Jones family chooses to pay the new flat 
rent amount of $750.  
Initial Household Rent: $675  
New Flat Rent: $750  
New Household Rent: $750 
Family Rent Increase Impact Analysis: 
 
Year 
Initial 
Household 
Rent (HR) 
 
New Flat 
Rent 
Amount 
Impact 
Analysis 
(HR x 1.35) 
Income-
Based Rent 
New 
Household  
Rent

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1 
$500 
$700 
$675 
$800 
$675 
2 
$675 
$750 
$911.25 
$800 
$750 
Posting of Flat Rents 
PHA Policy 
The PHA will publicly post the schedule of flat rents in a conspicuous manner in the 
applicable PHA or project office. 
Documentation of Flat Rents [24 CFR §960.253(b)(5)] 
The PHA must maintain records that document the method used to determine flat rents, and 
that show how flat rents were determined by the PHA in accordance with this method.

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PART III: FAMILY DEBTS TO THE PHA 
16-III.A. OVERVIEW 
This part describes the PHA’s policies for recovery of monies owed to the PHA by families. 
PHA Policy 
When an action or inaction of a resident family results in the underpayment of rent or 
other amounts, the PHA holds the family liable to return any underpayments to the 
PHA. 
 
The PHA will enter into repayment agreements in accordance with the policies 
contained in this part as a means to recover overpayments. 
 
When a family refuses to repay monies owed to the PHA, the PHA will utilize other 
available collection alternatives including, but not limited to, the following: 
• Collection agencies 
• Small claims court 
• Civil law suit 
• State income tax set-off program 
16-III.B. REPAYMENT POLICY 
Family Debts to the PHA 
PHA Policy 
Any amount owed to the PHA by a public housing family must be repaid. If the family 
is unable to repay the debt within 30 days, the PHA will offer to enter into a 
repayment agreement in accordance with the policies below. 
 
If the family refuses to repay the debt, does not enter into a repayment agreement, or 
breaches a repayment agreement, the PHA will terminate the family’s tenancy in 
accordance with the policies in Chapter 13. The PHA will also pursue other modes of 
collection. 
General Repayment Agreement Guidelines 
Payment Thresholds 
Notice PIH 2017-12 recommends that the total amount that a family must pay each month—
the family’s monthly share of rent plus the monthly debt repayment amount—should not 
exceed 40 percent of the family’s monthly adjusted income, which is considered “affordable.” 
Moreover, Notice PIH 2017-12 acknowledges that PHAs have the discretion to establish

16-13 
“thresholds and policies” for repayment agreements with families [24 CFR 
§982.552(c)(1)(vii)]. 
PHA Policy 
The PHA has established the following thresholds for repayment of debts: 
• Amounts between $3,000 and more must be repaid within 18-36 months. 
• Amounts between $1,000 and $2,999 must be repaid within 12-18 months. 
• Amounts between $501 and $999 must be repaid within 6-10 months. 
• Amounts under $500 must be repaid within 3-6 months. 
• The minimum monthly amount of monthly payment for any payment 
agreement is $50.  Any payment agreement in excess of 36 months requires the 
approval from the Housing Manager. 
Execution of the Agreement 
PHA Policy 
Any repayment agreement between the PHA and a family must be signed and dated by 
the PHA and by the head of household and spouse/cohead (if applicable). 
Due Dates 
PHA Policy 
All payments are due by the close of business on the agreed upon date. 
Late or Missed Payments 
PHA Policy 
If a payment is not received by the end of the business day on the date due, and prior 
approval for the missed payment has not been given by the PHA, the PHA will send 
the family a delinquency notice giving the family 10 business days to make the late 
payment. 
 
If the payment is not received by the due date of the delinquency notice, it will be 
considered a breach of the agreement and the PHA will terminate tenancy in 
accordance with the policies in Chapter 13. 
No Offer of Repayment Agreement 
PHA Policy 
The PHA will not enter into a repayment agreement with a family if there is already a 
repayment agreement in place with the family, or if the amount owed by the family 
exceeds the federal or state threshold for criminal prosecution.

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Repayment Agreements Involving Improper Payments 
Notice PIH 2017-12 requires certain provisions to be included in any repayment agreement 
involving amounts owed by a family because it underreported or failed to report income: 
• A reference to the items in the public housing lease that state the family’s obligation to 
provide information at every reexamination and the grounds on which the PHA may 
terminate assistance because of a family’s action or failure to act 
• A statement clarifying that each month the family not only must pay to the PHA the 
monthly payment amount specified in the agreement but must also pay to the PHA the 
monthly tenant rent 
• A statement that the terms of the repayment agreement may be renegotiated if the 
family’s income decreases or increases 
• A statement that late or missed payments constitute default of the repayment 
agreement and may result in termination of tenancy

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PART IV: PUBLIC HOUSING ASSESSMENT SYSTEM (PHAS) 
16-IV.A. OVERVIEW 
The purpose of the Public Housing Assessment System (PHAS) is to improve the delivery of 
services in public housing and enhance trust in the public housing system among PHAs, 
public housing residents, HUD and the general public by providing a management tool for 
effectively and fairly measuring the performance of a public housing agency in essential 
housing operations. 
16-IV.B. PHAS INDICATORS [24 CFR §902 SUBPARTS A, B, C, D, AND E] 
The table below lists each of the PHAS indicators, the points possible under each indicator, 
and a brief description of each indicator. A PHA’s performance is based on a combination of 
all four indicators. 
 
Indicator 1: Physical condition of the PHA’s projects 
Maximum Score: 40 
• The objective of this indicator is to determine the level to which a PHA is maintaining 
its public housing in accordance with the standard of decent, safe, sanitary, and in good 
repair. 
• To determine the physical condition of a PHA’s projects, inspections are performed of 
the following five major areas of each public housing project: site, building exterior, 
building systems, dwelling units, and common areas. The inspections are performed by 
an independent inspector arranged by HUD, and include a statistically valid sample of 
the units in each project in the PHA’s public housing portfolio 
Indicator 2: Financial condition of the PHA’s projects 
Maximum score: 25 
• The objective of this indicator is to measure the financial condition of the PHA’s 
public housing projects for the purpose of evaluating whether the PHA has sufficient 
financial resources and is capable of managing those financial resources effectively to 
support the provision of housing that is decent, safe, sanitary, and in good repair. 
• A PHA’s financial condition is determined by measuring each public housing project’s 
performance in each of the following sub-indicators: quick ratio, month’s expendables 
net assets ratio, and debt service coverage ratio. 
Indicator 3: Management operations of the PHA’s projects 
Maximum Score 25 
• The objective of this indicator is to measure certain key management operations and 
responsibilities of a PHA’s projects for the purpose of assessing the PHA’s 
management operations capabilities. 
• Each project’s management operations are assessed based on the following sub-
indicators: occupancy, tenant accounts receivable, and accounts payable.

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• An on-site management review may be conducted as a diagnosis and feedback tool for 
problem performance areas, and for compliance.  Management reviews are not scored. 
Indicator 4: Capital Fund 
Maximum Score 10 
• The objective of this indicator is to measure how long it takes the PHA to obligate 
capital funds and to occupy units. 
• The PHA’s score for this indicator is measured at the PHA level and is based on the 
following sub-indicators: timeliness of find obligation and occupancy rate. 
16-IV.C. PHAS SCORING [24 CFR 902 SUBPART F] 
HUD’s Real Estate Assessment Center (REAC) issues overall PHAS scores, which are based 
on the scores of the four PHAS indicators, and the subindicators under each indicator. The 
PHA’s indicator scores are based on a weighted average of the PHA’s public housing 
projects’ scores. PHAS scores translate into a designation for each PHA as high performing, 
standard, substandard, or troubled. 
A high performer is a PHA that achieves an overall PHAS score of 90 or greater, and achieves 
a score of at least 60 percent of the points available under the physical, financial, and 
management indicators and at least 50 percent of the points available under the capital fund 
indicator. 
A standard performer is a PHA that has an overall PHAS score between 60 and 89, and 
achieves a score of at least 60 percent of the points available under the physical, financial, and 
management indicators and at least 50 percent of the points available under the capital fund 
indicator. 
A substandard performer is a PHA that has an overall PHAS score of at least 60 percent and 
achieves a score of less than 60 percent under one or more of the physical, financial, or 
management indicators. 
A troubled performer is a PHA that achieves an overall PHAS score of less than 60, or 
achieves less than 50 percent of the total points available under the capital fund indicator. 
These designations can affect a PHA in several ways: 
• High-performing PHAs are eligible for incentives including relief from specific HUD 
requirements and bonus points in funding competitions [24 CFR §902.71]. 
• PHAs that are standard performers may be required to submit and operate under a 
corrective action plan to eliminate deficiencies in the PHA’s performance [24 CFR 
§902.73(a)(1)]. 
• PHAs that are substandard performers will be required to submit and operate under a 
corrective action plan to eliminate deficiencies in the PHA’s performance [24 CFR 
§902.73(a)(2)].

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• PHAs with an overall rating of “troubled” are subject to additional HUD oversight, 
and are  required to enter into a memorandum of agreement (MOA) with HUD to 
improve PHA performance [24 CFR §902.75]. 
• PHAs that fail to execute or meet MOA requirements may be referred to the Assistant 
Secretary to determine remedial actions, including, but not limited to, remedies 
available for substantial default [24 CFR §902.75(g) and 24 CFR Part §907]. 
PHAs must post a notice of its final PHAS score and status in appropriate conspicuous and 
accessible locations in its offices within two weeks of receipt of its final score and designation 
[24 CFR §902.64(b)(2)].

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PART V: RECORD KEEPING 
16-V.A. OVERVIEW 
The PHA must maintain complete and accurate accounts and other records for the program in 
accordance with HUD requirements, in a manner that permits a speedy and effective audit. All 
such records must be made available to HUD or the Comptroller General of the United States 
upon request. 
In addition, the PHA must ensure that all applicant and participant files are maintained in a 
way that protects an individual’s privacy rights. 
16-V.B. RECORD RETENTION 
The PHA must keep the last three years of the Form HUD-50058 and supporting 
documentation during the term of each assisted lease, and for a period of at least three years 
from the end of participation (EOP) date [24 CFR §908.101]. 
Notice PIH 2014-20 requires the PHA to keep records of all complaints, investigations, 
notices, and corrective actions related to violations of the Fair Housing Act or the equal access 
final rule. 
The PHA must keep confidential records of all emergency transfer requested under the PHA’s 
Emergency Transfer Plan, and the outcomes of such requests, and retain the records for a 
period of three years, or for a period of time as specified in program regulations [24 CFR 
§5.2002(e)(12)]. 
PHA Policy 
During the term of each public housing tenancy, and for at least three years thereafter, 
the PHA will keep all documents related to a family’s eligibility, tenancy, and 
termination.  The PHA will keep the last three years of Form HUD-50058 and 
supporting documentation, and for at least five years after end of participation, all 
documents related to a family’s eligibility, tenancy, and termination. 
 
In addition, the PHA will keep the following records for at least three years: 
 
An application from each ineligible family and notice that the applicant is not eligible 
 
Lead-based paint records as required by 24 CFR 35, Subpart B 
 
Documentation supporting the establishment of flat rents and the public housing 
maximum rent 
 
Documentation supporting the establishment of utility allowances and surcharges 
 
Documentation related to PHAS

16-19 
 
Accounts and other records supporting PHA budget and financial statements for the 
program 
 
Complaints, investigations, notices, and corrective actions related to violations of the 
Fair Housing Act or the equal access final rule 
 
Confidential records of all emergency transfers related to VAWA requested under the 
PHA’s Emergency Transfer Plan and the outcomes of such requests 
 
Other records as determined by the PHA or as required by HUD 
 
If a hearing to establish a family’s citizenship status is held, longer retention 
requirements apply for some types of documents. For specific requirements, see 
Section 14-II.A. 
16-V.C. RECORDS MANAGEMENT AND SAFEGUARDING SENSITIVE 
PERSONALLY IDENTIFIABLE INFORMATION [PIH 2014-10] 
PHAs must maintain applicant and participant files and information in accordance with the 
regulatory requirements described below.  
PHAs are responsible for safeguarding personally identifiable information required by HUD 
and preventing potential breaches of this sensitive data.  Personally Identifiable Information 
(PII) is defined in OMB M-07-16 as “… 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 a date and place of birth, mother’s maiden name, 
etc.”  Examples of sensitive personal identifiable information includes social security or 
driver’s license numbers, medical records, and financial account numbers such as credit or 
debit card numbers. 
PHA Policy 
All applicant and participant information will be kept in a secure location and access 
will be limited to authorized PHA staff. 
 
PHA staff will not discuss personal family information unless there is a business 
reason to do so. Inappropriate discussion of family information or improper disclosure 
of family information by staff will result in disciplinary action. 
 
When discussing sensitive PII on the telephone, PHA staff will confirm that they are 
speaking to the right person before discussing the information and inform him/her that 
the discussion will include sensitive information.  PHA staff will not leave messages 
containing sensitive PII on voicemail.

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PHA staff will avoid discussing sensitive PII if there are unauthorized personnel, 
contractors, or guests in the adjacent cubicles, rooms, or hallways who may overhear 
their conversation. 
 
When faxing sensitive PII, PHA staff will use the date stamp function, confirm the fax 
number, verify that the intended recipient is available, and confirm that he/she has 
received the fax.  Before faxing sensitive PII information, PHA staff will coordinate 
with the recipient so that the information is not left unattended on the receiving end. 
 
PHA staff will request a written statement from the receiving PHA documenting that 
the intended recipient is available to receive the fax and they understand the 
information will not be left unattended on the receiving end. 
 
PHA Policy 
PHA staff will not transmit sensitive PII via an unsecured information system (e.g., 
electronic mail, internet, or electronic bulletin board) without first encrypting the 
information. 
 
The City of Chandler does not have encrypting capabilities for information systems; 
therefore, PHA staff will not use information systems (e.g., electronic mail, internet, or 
electronic bulletin board) to transmit sensitive PII. 
Privacy Act Requirements [24 CFR 5.212 and Form-9886] 
The collection, maintenance, use, and dissemination of social security numbers (SSN), 
employer identification numbers (EIN), any information derived from these numbers, and 
income information of applicants and participants must be conducted, to the extent applicable, 
in compliance with the Privacy Act of 1974, and all other provisions of Federal, State, and 
local law. 
Applicants and participants, including all adults in the household, are required to sign a 
consent form, HUD-9886, Authorization for Release of Information. This form incorporates 
the Federal Privacy Act Statement and describes how the information collected using the form 
may be used, and under what conditions HUD or the PHA may release the information 
collected. 
Upfront Income Verification (UIV) Records 
PHAs that access UIV data through HUD’s Enterprise Income Verification (EIV) system are 
required to adopt and follow specific security procedures to ensure that all EIV data is 
protected in accordance with federal laws, regardless of the media on which the data is 
recorded (e.g. electronic, paper). These requirements are contained in the HUD issued 
document, Enterprise Income Verification (EIV) System, Security Procedures for Upfront 
Income Verification (UIV) Data.

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PHA Policy 
The City of Chandler Housing and Redevelopment Division will adopt and implement 
HUD’s Enterprise Income Verification (EIV) system security procedures required by 
HUD as set forth in Version 1.4, November 2005. 
Criminal Records 
The PHA may only disclose the criminal conviction records which the PHA receives from a 
law enforcement agency to officers or employees of the PHA, or to authorized representatives 
of the PHA who have a job-related need to have access to the information [24 CFR 
§5.903(e)]. 
The PHA must establish and implement a system of records management that ensures that any 
criminal record received by the PHA from a law enforcement agency is maintained 
confidentially, not misused or improperly disseminated, and destroyed, once the purpose for 
which the record was requested has been accomplished, including expiration of the period for 
filing a challenge to the PHA action without institution of a challenge or final disposition of 
any such litigation [24 CFR §5.903(g)]. 
The PHA must establish and implement a system of records management that ensures that any 
sex offender registration information received by the PHA from a State or local agency is 
maintained confidentially, not misused or improperly disseminated, and destroyed, once the 
purpose for which the record was requested has been accomplished, including expiration of 
the period for filing a challenge to the PHA action without institution of a challenge or final 
disposition of any such litigation.  However, a record of the screening, including the type of 
screening and the date performed must be retained [Notice PIH 2012-28].This requirement 
does not apply to information that is public information, or is obtained by a PHA other than 
under 24 CFR §5.905. 
Medical/Disability Records 
PHAs are not permitted to inquire about the nature or extent of a person’s disability. The PHA 
may not inquire about a person’s diagnosis or details of treatment for a disability or medical 
condition. If the PHA receives a verification document that provides such information, the 
PHA should not place this information in the tenant file. The PHA should destroy the 
document. 
Domestic Violence, Dating Violence, Sexual Assault, or Stalking Records 
For requirements and PHA policies related to management of documentation obtained from 
victims of domestic violence, dating violence, sexual assault, or stalking, see section 16-
VII.E.

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PART VI: REPORTING REQUIREMENTS FOR CHILDREN WITH 
ENVIRONMENTAL INTERVENTION BLOOD LEAD LEVEL 
16-VI.A. REPORTING REQUIREMENTS [24 CFR §35.1130(E), PIH NOTICE 2017-
13] 
The PHA has certain responsibilities relative to children with  elevated blood lead levels that 
are living in public housing. 
The PHA must report the name and address of a child identified as having an elevated blood 
lead level (EBLL) to the public health department within 5 business days of being so notified 
by any other medical health care professional. The PHA must also report each known case of 
a child with an  EBLL to the HUD field office. 
PHA Policy 
The PHA will provide the public health department written notice of the name and 
address of any child identified as having an EBLL. 
 
The PHA will provide written notice of each known case of a child with an EBLL to 
the HUD field office, and to HUD’s Office of Lead Hazard Control (OLHCHH), 
within 5 business days of receiving the information.

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PART VII: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, 
DOCUMENTATION, CONFIDENTIALITY 
16-VII.A.  OVERVIEW 
The Violence against Women Act of 2013 (VAWA) provides special protections for victims 
of domestic violence, dating violence, sexual assault, and stalking who are applying for or 
receiving assistance under the public housing program. If your state or local laws provide 
greater protection for such victims, those laws take precedence over VAWA. 
In addition to definitions of key terms used in VAWA, this part contains general VAWA 
requirements and PHA policies in three areas: notification, documentation, and 
confidentiality. Specific VAWA requirements and PHA policies are located in Chapter 3, 
“Eligibility” (Sections 3-I.C and 3-III.F); Chapter 5, “Occupancy Standards and Unit Offers” 
(Section 5-II.D); Chapter 8, “Leasing and Inspections” (Section 8-I.B); Chapter 12, “Transfer 
Policy” (Sections 12-III.C, 12-III.F, and 12-IV.D); and Chapter 13, “Lease Terminations” 
(Sections 13-III.F and 13-IV.D). 
16-VII.B. DEFINITIONS [24 CFR §5.2003] 
PHA Policy 
As used in VAWA: 
• The term affiliated individual means, with respect to a person: 
− A spouse, parent, brother or sister, or child of that individual, or an 
individual to whom that individual stands in the position or place of a 
parent; or 
− Any individual, tenant, or lawful occupant living in the household of that 
individual. 
• The term bifurcate means, with respect to a public housing or Section 8 lease, 
to divide a lease as a matter of law such that certain tenants can be evicted or 
removed while the remaining family members’ lease and occupancy rights are 
allowed to remain intact. 
• The term dating violence means violence committed by a person who is or has 
been in a social relationship of a romantic or intimate nature with the victim; 
and where the existence of such a relationship shall be determined based on a 
consideration of the following factors: 
− The length of the relationship  
− The type of relationship  
− The frequency of interaction between the persons involved in the 
relationship

16-24 
• The term domestic violence includes felony or misdemeanor crimes of violence 
committed by a current or former spouse of the victim, by a person with whom 
the victim shares a child in common, by a person who is cohabitating with or 
has cohabitated with the victim as a spouse, 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 sexual assault means: 
− Any nonconsensual sexual act prescribed by the Federal, Tribal, or State 
law, including when the victim lacks the capacity to consent 
• The term stalking means: 
− To follow, pursue, or repeatedly commit acts with the intent to kill, injure, 
harass, or intimidate; or 
− To place under surveillance with the intent to kill, injure, harass, or 
intimidate another person; and 
− In the course of, or as a result of, such following, pursuit, surveillance, or 
repeatedly committed acts, to place a person in reasonable fear of the death 
of, or serious bodily injury to, or to cause substantial emotional harm to (1) 
that person, (2) a member of the affiliated member of that person, or (3) the 
spouse or intimate partner of that person. 
16-VII.C. NOTIFICATION [24 CFR 5.2005(A)] 
The PHA adopts the following policy to help ensure that all actual and potential beneficiaries 
of its public housing program are aware of their rights under VAWA. 
PHA Policy 
The PHA will post the following information regarding VAWA on its web site. It will 
also make the information readily available to anyone who requests it: 
• A notice of occupancy rights under VAWA to public housing program 
applicants and participants who are or have been victims of domestic violence, 
dating violence, sexual assault, or stalking (Form HUD-5380, see Exhibit 16-1) 
• A copy of form HUD-5382, Certification of Domestic Violence, Dating 
Violence, Sexual Assault, or Stalking and Alternate Documentation (see 
Exhibit 16-2) 
• A copy of the PHA’s emergency transfer plan (Exhibit 16-3) 
• A copy of HUD’s Emergency Transfer Request for Certain Victims of 
Domestic Violence, Dating Violence, Sexual Assault, or Stalking, Form HUD-
5383 (Exhibit 16-4)

16-25 
• The National Domestic Violence Hot Line: 1-800-799-SAFE (7233) or 1-800-
787-3224 (TTY) (included in Exhibit 16-1) 
• Contact information for local victim advocacy groups or service providers 
Notification to Applicants and Tenants [24 CFR §5.2005(a)(1)] 
PHAs are required to inform public housing applicants and tenants of their rights under 
VAWA, including their right to confidentiality and the limits thereof when they are denied 
assistance, when they are admitted to the program, and when they are notified of an eviction 
or termination of housing benefits. 
The PHA must distribute a notice of VAWA rights, along with the VAWA self-certification 
form (HUD-5382) at each of these three junctures. 
PHA Policy 
The VAWA information provided to applicants and participants will consist of the 
notices in Exhibit 16-1, Notice of Occupancy Rights under the Violence Against 
Women Act, and 16-2, Certification of Domestic Violence, Dating Violence, Sexual 
Assault, or Stalking, and Alternate Documentation. 
The PHA will provide all applicants with information about VAWA at the time they request 
an application for housing assistance. The PHA will also include such information in all 
notices of denial of assistance (see section 3-III.F). 
The PHA will provide all tenants with information about VAWA at the time of admission (see 
Section 8-I.B) and at annual reexamination. The PHA will also include such information in all 
lease termination notices (see Section 13-IV.D). 
The PHA is not limited to providing VAWA information at the times specified in the above 
policy. If the PHA decides to provide VAWA information to a tenant following an incident of 
domestic violence, Notice PIH 2006-42 cautions against sending the information by mail, 
since the abuser may be monitoring the mail.  The notice recommends that in such cases the 
PHA make alternative delivery arrangements that will not put the victim at risk. 
PHA Policy 
Whenever the PHA has reason to suspect that providing information about VAWA to 
a public housing tenant might place a victim of domestic violence at risk, it will 
attempt to deliver the information by hand directly to the victim or by having the 
victim come to an office or other space that may be safer for the individual, making 
reasonable accommodations as necessary. For example, the PHA may decide not to 
send mail regarding VAWA protections to the victim’s unit if the PHA believes the 
perpetrator may have access to the victim’s mail, unless requested by the victim. 
 
When discussing VAWA with the victim, the PHA will take reasonable precautions to 
ensure that no one can overhear the conversation such as having conversations in a 
private room.

16-26 
 
The victim may, but is not required to, designate an attorney, advocate, or other secure 
contact for communications regarding VAWA protections. 
16-VII.D. DOCUMENTATION [24 CFR §5.2007] 
A PHA presented with a claim for initial or continued assistance based on status as a victim of 
domestic violence, dating violence, sexual assault, stalking, or criminal activity related to any 
of these forms of abuse may—but is not required to—request that the individual making the 
claim document the abuse. Any request for documentation must be in writing, and the 
individual must be allowed at least 14 business days after receipt of the request to submit the 
documentation. The PHA may extend this time period at its discretion. [24 CFR §5.2007(a)] 
The individual may satisfy the PHA’s request by providing any one of the following three 
forms of documentation [24 CFR §5.2007(b)]: 
1) A completed and signed HUD-approved certification form (HUD-5382, Certification 
of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), which must 
include the name of the perpetrator only if the name of the perpetrator is safe to 
provide and is known to the victim. The form may be filled out and submitted on 
behalf of the victim. 
2) A federal, state, tribal, territorial, or local police report or court record 
3) Documentation signed by a person who has assisted the victim in addressing domestic 
violence, dating violence, sexual assault, or stalking, or the effects of such abuse. This 
person may be an employee, agent, or volunteer of a victim service provider; an 
attorney; or a medical professional. Acceptable documentation also includes a record 
of an administrative agency, and documentation from a mental health professional.  
The person signing the documentation must attest under penalty of perjury to the 
person’s belief that the incidents in question are bona fide incidents of abuse. The 
victim must also sign the documentation. 
The PHA may not require third-party documentation (forms 2 and 3) in addition to 
certification (form 1), except as specified below under “Conflicting Documentation,” nor may 
it require certification in addition to third-party documentation [VAWA final rule]. 
PHA Policy 
Any request for documentation of domestic violence, dating violence, sexual assault, 
or stalking will specify a deadline of 14 business days following receipt of the request, 
will describe the three forms of acceptable documentation, will provide explicit 
instructions on where and to whom the documentation must be submitted, and will 
state the consequences for failure to submit the documentation or request an extension 
in writing, by the deadline.

16-27 
The PHA may, in its discretion, extend the deadline for 10 business days. Any 
extension granted by the PHA will be in writing. In determining whether to extend the 
deadline, the PHA will consider factors that may contribute to the victim’s inability to 
provide documentation in a timely manner, including cognitive limitations, 
disabilities, Limited English Proficiency (LEP), absence from the unit, administrative 
delays, the danger of further violence, and the victim’s need to address health or safety 
issues.  Any extension granted by the PHA will be in writing. 
Once the victim provides documentation, the PHA will acknowledge receipt of the 
documentation within 10 business days. 
Conflicting Documentation [24 CFR §5.2007(e)] 
In cases where the PHA receives conflicting certification documents from two or more 
members of a household, each claiming to be a victim and naming one or more of the other 
petitioning household members as the perpetrator, the PHA may determine which is the true 
victim, by requiring each to provide acceptable third-party documentation, as described above 
(forms 2 and 3).  The PHA may also request third-party documentation when submitted 
documentation contains information that conflicts with existing information already available 
to the PHA. The PHA must honor any court orders issued to protect the victim or to address 
the distribution of property. Individuals have 30 calendar days to return third-party 
verification to the PHA. If the PHA does not receive third-party documentation, and the PHA 
will deny or terminate assistance as a result, the PHA must hold separate hearings for the 
tenants [Notice PIH 2017-18] 
PHA Policy 
If presented with conflicting certification documents (two or more forms HUD-5382) 
from members of the same household, the PHA will attempt to determine which is the 
true victim by requiring each of them to provide third-party documentation in 
accordance with 24 CFR 5.2007(b)(2) or (3) and by following any HUD guidance on 
how such determinations should be made. When requesting third-party documents, the 
PHA will provide contact information for local domestic violence and legal aid 
offices. In such cases, applicants or tenants will be given 30 calendar days from the 
date of the request to provide such documentation. 
 
If the PHA does not receive third-party documentation within the required timeframe 
(and any extensions), the PHA will deny VAWA protections and will notify the 
applicant or tenant in writing of the denial. If, as a result, the applicant or tenant is 
denied or terminated from the program, upon request from the applicant or tenant, the 
PHA will hold separate hearings for the applicants or tenants. 
Discretion to Require No Formal Documentation [24 CFR §5.2007(d)] 
The PHA has the discretion to provide benefits to an individual based solely on the 
individual’s statement or other corroborating evidence—i.e., without requiring formal 
documentation of abuse in accordance with 24 CFR §5.2007(b). HUD recommends

16-28 
documentation in a confidential manner when a verbal statement or other evidence is 
accepted. 
 
PHA Policy 
If the PHA accepts an individual’s statement or other corroborating evidence (as 
determined by the victim) of domestic violence, dating violence, sexual assault, or 
stalking, the PHA will document acceptance of the statement or evidence in the 
individual’s file. 
Failure to Provide Documentation [24 CFR §5.2007(c)] 
In order to deny relief for protection under VAWA, a PHA must provide the individual 
requesting relief with a written request for documentation of abuse. If the individual fails to 
provide the documentation within 14 business days from the date of receipt, or such longer 
time as the PHA may allow, the PHA may deny relief for protection under VAWA. 
Immigration Status/Self-Petitioner  (PIH Notice 2017-02) 
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. 
PIH Notice 2017-02 explains the procedures that COCHRD must follow when an applicant or 
resident/tenant requests admission or continued residency, as a result of being a VAWA self-
petitioner. 
In accordance with Section 214 of the Housing and Community Development Act of 1980, 
HUD may not allow financial assistance to ineligible non-citizens, but assistance must not be 
denied while verifying immigration status or appeal of a determination as to satisfactory 
immigration status is pending. 
HUD has determined that self-petitioners can indicate that they are in “satisfactory 
immigration status” when applying for assistance or continued assistance from Section 214 
covered housing providers.  “Satisfactory immigration status” means an immigration status,  
which does not make the individual ineligible for financial assistance.  After verifying such 
immigration status in the Department of Homeland Security (DHS) Systematic Alien 
Verification for Entitlements (SAVE) System, the COCHRD will make a final determination 
as to the self-petitioner’s eligibility for assistance. 
COCHRD will not deny, reduce, or terminate the assistance of a VAWA Self-Petitioner who 
claims “satisfactory immigration status.” COCHRD will verify that the applicant or 
participant is a self-petitioner by utilizing the SAVE system to verify immigration status.

16-29 
All protections afforded under VAWA apply to the self-petitioner throughout the verification 
process. 
Not every noncitizen victim who has been subjected to battery or extreme cruelty will qualify 
under these procedures.  In order to qualify, the noncitizen victim must have been battered or 
subjected to extreme cruelty by their spouse or parent, who is a U.S. citizen or LPR.  
COCHRD may receive a petition at any time, but submissions will most likely be related to a 
request for VAWA protections pursuant to 24 CFR Part 5 Subpart L (e.g. with a request for an 
emergency transfer or family breakup resulting from domestic violence, dating violence, 
sexual assault, or stalking. 
COCHRD will follow the steps outlined in PIH Notice 2017-02 to complete verification. 
16-VII.E. CONFIDENTIALITY [24 CFR §5.2007(B)(4)] 
All information provided to the PHA regarding domestic violence, dating violence, sexual 
assault, or stalking, including the fact that an individual is a victim of such violence or 
stalking, must be retained in confidence.  This means that the PHA (1) may not enter the 
information into any shared database; (2) may not allow employees or others to access the 
information unless they are explicitly authorized to do so and have a need to know the 
information for purposes of their work; and (3) may not provide the information to any other 
entity or individual, except to the extent that the disclosure is (a) requested or consented to by 
the individual in writing, (b) required for use in an eviction proceeding, or (c) otherwise 
required by applicable law. 
PHA Policy 
If disclosure is required for use in an eviction proceeding or is otherwise required by 
applicable law, the PHA will inform the victim before disclosure occurs so that safety 
risks can be identified and addressed.

16-30 
EXHIBIT 16-1: Notice of Occupancy Rights under the Violence Against Women Act 
City of Chandler Housing and Redevelopment Division  
Notice of Occupancy Rights under the Violence Against Women Act 
To all Tenants and Applicants 
The Violence Against Women Act (VAWA) provides protections for victims of domestic 
violence, dating violence, sexual assault, or stalking.  VAWA protections are not only 
available to women, but are available equally to all individuals regardless of sex, gender 
identity, or sexual orientation.  The U.S. Department of Housing and Urban Development 
(HUD) is the Federal agency that oversees that public housing and housing choice voucher is 
in compliance with VAWA.  This notice explains your rights under VAWA.  A HUD-
approved certification form is attached to this notice.  You can fill out this form to show that 
you are or have been a victim of domestic violence, dating violence, sexual assault, or 
stalking, and that you wish to use your rights under VAWA.” 
Protections for Applicants 
If you otherwise qualify for assistance under public housing or housing choice voucher, you 
cannot be denied admission or denied assistance because you are or have been a victim of 
domestic violence, dating violence, sexual assault, or stalking. 
Protections for Tenants 
If you are receiving assistance under public housing or housing choice voucher, you may not 
be denied assistance, terminated from participation, or be evicted from your rental housing 
because you are or have been a victim of domestic violence, dating violence, sexual assault, or 
stalking. 
Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, 
dating violence, sexual assault, or stalking by a member of your household or any guest, you 
may not be denied rental assistance or occupancy rights under public housing or housing 
choice voucher solely on the basis of criminal activity directly relating to that domestic 
violence, dating violence, sexual assault, or stalking. 
Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom 
you stand in the place of a parent or guardian (for example, the affiliated individual is in your 
care, custody, or control); or any individual, tenant, or lawful occupant living in your 
household. 
Removing the Abuser or Perpetrator from the Household 
The City of Chandler Housing and Redevelopment Division (COCHRD) may divide 
(bifurcate) the lease in order to evict the individual or terminate the assistance of the 
individual who has engaged in criminal activity (the abuser or perpetrator) directly relating to 
domestic violence, dating violence, sexual assault, or stalking.

16-31 
If the COCHRD chooses to remove the abuser or perpetrator, COCHRD may not take away 
the rights of eligible tenants to the unit or otherwise punish the remaining tenants.  If the 
evicted abuser or perpetrator was the sole tenant to have established eligibility for assistance 
under the program, COCHRD must allow the tenant who is or has been a victim and other 
household members to remain in the unit for a period of time, in order to establish eligibility 
under the program or under another HUD housing program covered by VAWA, or, find 
alternative housing.   
In removing the abuser or perpetrator from the household, COCHRD must follow Federal, 
State, and local eviction procedures.  In order to divide a lease, COCHRD may, but is not 
required to, ask you for documentation or certification of the incidences of domestic violence, 
dating violence, sexual assault, or stalking. 
Moving to Another Unit 
Upon your request, COCHRD may permit you to move to another unit, subject to the 
availability of other units, and still keep your assistance.  In order to approve a request, 
COCHRD may ask you to provide documentation that you are requesting to move because of 
an incidence of domestic violence, dating violence, sexual assault, or stalking.  If the request 
is a request for emergency transfer, the housing provider may ask you to submit a written 
request or fill out a form where you certify that you meet the criteria for an emergency 
transfer under VAWA.  The criteria are: 
1) You are a victim of domestic violence, dating violence, sexual assault, or stalking.  If 
COCHRD does not already have documentation that you are a victim of domestic 
violence, dating violence, sexual assault, or stalking, COCHRD may ask you for such 
documentation, as described in the documentation section below. 
2) You expressly request the emergency transfer.  COCHRD may choose to require that 
you submit a form, or may accept another written or oral request. 
3) You reasonably believe you are threatened with imminent harm from further violence 
if you remain in your current unit.  This means you have a reason to fear that if you do 
not receive a transfer you would suffer violence in the very near future. 
OR 
You are a victim of sexual assault and the assault occurred on the premises during the 90-
calendar-day period before you request a transfer.  If you are a victim of sexual assault, then 
in addition to qualifying for an emergency transfer because you reasonably believe you are 
threatened with imminent harm from further violence if you remain in your unit, you may 
qualify for an emergency transfer, if the sexual assault occurred on the premises of the 
property from which you are seeking your transfer, and that assault happened within the 90-
calendar-day period before you expressly request the transfer.

16-32 
COCHRD will keep confidential requests for emergency transfers by victims of domestic 
violence, dating violence, sexual assault, or stalking, and the location of any move by such 
victims and their families. 
COCHRD’s emergency transfer plan provides further information on emergency transfers, 
and COCHRD must make a copy of its emergency transfer plan available to you if you ask to 
see it. 
Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, 
Sexual Assault or Stalking 
COCHRD can, but is not required to, ask you to provide documentation to “certify” that you 
are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.  
Such request from COCHRD must be in writing, and COCHRD must give you at least 14 
business days (Saturdays, Sundays, and Federal holidays do not count) from the day you 
receive the request to provide the documentation.  COCHRD may, but does not have to, 
extend the deadline for the submission of documentation upon your request. 
You can provide one of the following to COCHRD as documentation.  It is your choice which 
of the following to submit if the COCHRD asks you to provide documentation that you are or 
have been a victim of domestic violence, dating violence, sexual assault, or stalking. 
A complete HUD-approved certification form given to you by COCHRD with this notice, that 
documents an incident of domestic violence, dating violence, sexual assault, or stalking. The 
form will ask for your name, the date, time, and location of the incident of domestic violence, 
dating violence, sexual assault, or stalking, and a description of the incident.  The certification 
form provides for including the name of the abuser or perpetrator if the name of the abuser or 
perpetrator is known and is safe to provide. 
A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or 
administrative agency that documents the incident of domestic violence, dating violence, 
sexual assault, or stalking.  Examples of such records include police reports, protective orders, 
and restraining orders, among others. 
A statement, which you must sign, along with the signature of an employee, agent, or 
volunteer of a victim service provider, an attorney, a medical professional or a mental health 
professional (collectively, “professional”) from whom you sought assistance in addressing 
domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse, and 
with the professional selected by you, attesting under penalty of perjury that he or she believes 
that the incident or incidents of domestic violence, dating violence, sexual assault, or stalking 
are grounds for protection. 
Any other statement or evidence that the COCHRD has agreed to accept. 
If you fail or refuse to provide one of these documents within the 14 business days, the 
COCHRD does not have to provide you with the protections contained in this notice.

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If the COCHRD receives conflicting evidence that an incident of domestic violence, dating 
violence, sexual assault, or stalking has been committed (such as certification forms from two 
or more members of a household each claiming to be a victim and naming one or more of the 
other petitioning household members as the abuser or perpetrator), COCHRD has the right to 
request that you provide third-party documentation, within thirty 30 calendar days in order to 
resolve the conflict.   
If you fail or refuse to provide third-party documentation where there is conflicting evidence, 
COCHRD does not have to provide you with the protections contained in this notice. 
Confidentiality 
COCHRD must keep confidential any information you provide related to the exercise of your 
rights under VAWA, including the fact that you are exercising your rights under VAWA.   
COCHRD must not allow any individual administering assistance or other services on behalf 
of COCHRD (for example, employees and contractors) to have access to confidential 
information unless for reasons that specifically call for these individuals to have access to this 
information under applicable Federal, State, or local law. 
COCHRD must not enter your information into any shared database or disclose your 
information to any other entity or individual.  COCHRD, however, may disclose the 
information provided if: 
You give written permission to COCHRD to release the information on a time limited basis. 
COCHRD needs to use the information in an eviction or termination proceeding, such as to 
evict your abuser or perpetrator or terminate your abuser or perpetrator from assistance under 
this program. 
A law requires COCHRD or your landlord to release the information. 
VAWA does not limit COCHRD’s duty to honor court orders about access to or control of the 
property. This includes orders issued to protect a victim and orders dividing property among 
household members in cases where a family breaks up. 
household members in cases where a family breaks up. 
Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or 
Assistance May Be Terminated 
You can be evicted and your assistance can be terminated for serious or repeated lease 
violations that are not related to domestic violence, dating violence, sexual assault, or stalking 
committed against you.  However, COCHRD cannot hold tenants who have been victims of 
domestic violence, dating violence, sexual assault, or stalking to a more demanding set of 
rules than it applies to tenants who have not been victims of domestic violence, dating 
violence, sexual assault, or stalking.

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The protections described in this notice might not apply, and you could be evicted and your 
assistance terminated, if COCHRD can demonstrate that not evicting you or terminating your 
assistance would present a real physical danger that: 
1) Would occur within an immediate time frame, and 
2) Could result in death or serious bodily harm to other tenants or those who work on the 
property. 
If COCHRD can demonstrate the above, COCHRD should only terminate your assistance or 
evict you if there are no other actions that could be taken to reduce or eliminate the threat. 
Other Laws 
VAWA does not replace any Federal, State, or local law that provides greater protection for 
victims of domestic violence, dating violence, sexual assault, or stalking.  You may be entitled 
to additional housing protections for victims of domestic violence, dating violence, sexual 
assault, or stalking under other Federal laws, as well as under State and local laws.   
Non-Compliance with the Requirements of This Notice 
You may report a covered COCHRD’s violations of these rights and seek additional 
assistance, if needed, by contacting or filing a complaint with Amy Jacobson, Housing and 
Redevelopment Manager or HUD’s Phoenix field office. 
For Additional Information  
You may view a copy of HUD’s final VAWA rule at https://www.gpo.gov/fdsys/pkg/FR-
2016-11-16/pdf/2016-25888.pdf. Additionally, COCHRD must make a copy of HUD’s 
VAWA regulations available to you if you ask to see them.  For questions regarding VAWA, 
please contact your housing specialist. 
For help regarding an abusive relationship, you may call the National Domestic Violence 
Hotline at 1-800-799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY).  
You may also contact 2-1-1 within Arizona or at https://211arizona.org/domestic-violence/ 
For tenants who are or have been victims of stalking seeking help may visit the National 
Center for Victims of Crime’s Stalking Resource Center at 
https://www.victimsofcrime.org/our-programs/stalking-resource-center. 
For help regarding sexual assault, you may contact 2-1-1 within Arizona or at 
https://211arizona.org/domestic-violence/. 
Victims of stalking seeking help may contact 2-1-1 within Arizona or at 
https://211arizona.org/domestic-violence/.

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EXHIBIT 16-2: Certification of Domestic Violence, Dating Violence, Sexual Assault, or 
Stalking and Alternate Documentation, Form HUD-5382 
CERTIFICATION OF 
U.S. Department of Housing OMB Approval No. 2577-0286 
DOMESTIC 
VIOLENCE, 
    and Urban Development 
  Exp. 06/30/2017 
DATING VIOLENCE, 
 
 
SEXUAL ASSAULT, OR 
STALKING, 
 
 
AND ALTERNATE 
DOCUMENTATION 
 
 
Purpose of Form:  The Violence Against Women Act (“VAWA”) protects applicants, 
tenants, and program participants in certain HUD programs from being evicted, denied 
housing assistance, or terminated from housing assistance based on acts of domestic violence, 
dating violence, sexual assault, or stalking against them.  Despite the name of this law, 
VAWA protection is available to victims of domestic violence, dating violence, sexual 
assault, and stalking, regardless of sex, gender identity, or sexual orientation. 
Use of This Optional Form:  If you are seeking VAWA protections from your housing 
provider, your housing provider may give you a written request that asks you to submit 
documentation about the incident or incidents of domestic violence, dating violence, sexual 
assault, or stalking.   
In response to this request, you or someone on your behalf may complete this optional form 
and submit it to your housing provider, or you may submit one of the following types of third-
party documentation: 
1) A document signed by you and an employee, agent, or volunteer of a victim service 
provider, an attorney, or medical professional, or a mental health professional 
(collectively, “professional”) from whom you have sought assistance relating to 
domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse.  
The document must specify, under penalty of perjury, that the professional believes 
the incident or incidents of domestic violence, dating violence, sexual assault, or 
stalking occurred and meet the definition of “domestic violence,” “dating violence,” 
“sexual assault,” or “stalking” in HUD’s regulations at 24 CFR §5.2003. 
2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, 
or administrative agency; or 
3) At the discretion of the housing provider, a statement or other evidence provided by 
the applicant or tenant. 
Submission of Documentation:  The time period to submit documentation is 14 business days 
from the date that you receive a written request from your housing provider asking that you 
provide documentation of the occurrence of domestic violence, dating violence, sexual

16-36 
assault, or stalking.  Your housing provider may, but is not required to, extend the time period 
to submit the documentation, if you request an extension of the time period.  If the requested 
information is not received within 14 business days of when you received the request for the 
documentation, or any extension of the date provided by your housing provider, your housing 
provider does not need to grant you any of the VAWA protections. Distribution or issuance of 
this form does not serve as a written request for certification. 
Confidentiality:  All information provided to your housing provider concerning the 
incident(s) of domestic violence, dating violence, sexual assault, or stalking shall be kept 
confidential and such details shall not be entered into any shared database.  Employees of 
your housing provider are not to have access to these details unless to grant or deny VAWA 
protections to you, and such employees may not disclose this information to any other entity 
or individual, except to the extent that disclosure is: (i) consented to by you in writing in a 
time-limited release; (ii) required for use in an eviction proceeding or hearing regarding 
termination of assistance; or (iii) otherwise required by applicable law.

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TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC 
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING 
1. Date the written request is received by victim:   
 
2. Name of victim:   
 
3. Your Name (if different from the victim:   
 
4. Name(s) of other family member(s) listed on the lease:   
 
 
 
5. Residence of victim:   
 
6. Name of the accused perpetrator (if known and can be safely disclosed): 
 
 
7. Relationship of the accused perpetrator to the victim:   
 
8. Date(s) and times(s) of incident(s) (if known):   
 
 
 
9. Location of incident(s):   
 
 
 
 
 
 
This is to certify that the information provided on this form is true and correct to the best of 
my knowledge and recollection, and that the individual named above in Item 2 is or has been 
a victim of domestic violence, dating violence, sexual assault, or stalking. I acknowledge that 
submission of false information could jeopardize program eligibility and could be the basis for 
denial of admission, termination of assistance, or eviction. 
Signature  
 Signed on (Date) 
 
 
Public Reporting Burden:  The public reporting burden for this collection of information is estimated to average 
1 hour per response.  This includes the time for collecting, reviewing, and reporting the data.  The information 
provided is to be used by the housing provider to request certification that the applicant or tenant is a victim of 
domestic violence, dating violence, sexual assault, or stalking.  The information is subject to the confidentiality 
In your own words, briefly describe the incident(s):

16-38 
requirements of VAWA. This agency may not collect this information, and you are not required to complete this 
form, unless it displays a currently valid Office of Management and Budget control number.

16-39 
EXHIBIT 16-3: Emergency Transfer Plan for Victims of Domestic Violence, Dating 
Violence, Sexual Assault, or Stalking 
Attachment: Certification form HUD-5382 
City of Chandler Housing and Redevelopment Division 
 
EMERGENCY TRANSFER PLAN 
FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,  
SEXUAL ASSAULT, OR STALKING 
Public Housing Program 
Emergency Transfers 
The City of Chandler Housing and Redevelopment Division (COCHRD) is concerned about 
the safety of its tenants, and such concern extends to tenants who are victims of domestic 
violence, dating violence, sexual assault, or stalking. In accordance with the Violence Against 
Women Act (VAWA), COCHRD allows tenants who are victims of domestic violence, dating 
violence, sexual assault, or stalking to request an emergency transfer from the tenant’s current 
unit to another unit. The ability to request a transfer is available regardless of sex, gender 
identity, or sexual orientation.  The ability of COCHRD to honor such request for tenants 
currently receiving assistance, however, may depend upon a preliminary determination that 
the tenant is or has been a victim of domestic violence, dating violence, sexual assault, or 
stalking, and on whether COCHRD has another dwelling unit that is available and is safe to 
offer the tenant for temporary or more permanent occupancy. 
This plan identifies tenants who are eligible for an emergency transfer, the documentation 
needed to request an emergency transfer, confidentiality protections, how an emergency 
transfer may occur, and guidance to tenants on safety and security. This plan is based on a 
model emergency transfer plan published by the U.S. Department of Housing and Urban 
Development (HUD), the federal agency that oversees that the public housing and housing 
choice voucher (HCV) programs are in compliance with VAWA. 
Eligibility for Emergency Transfers 
A tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking, as 
provided in HUD’s regulations at 24 CFR part 5, subpart L, is eligible for an emergency 
transfer if the tenant reasonably believes that there is a threat of imminent harm from further 
violence if the tenant remains within the same unit. If the tenant is a victim of sexual assault, 
the tenant may also be eligible to transfer if the sexual assault occurred on the premises within 
the 90-calendar- day period preceding a request for an emergency transfer. 
A tenant requesting an emergency transfer must expressly request the transfer in accordance 
with the procedures described in this plan.

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Tenants who are not in good standing may still request an emergency transfer if they meet the 
eligibility requirements in this section. 
Emergency Transfer Request Documentation 
To request an emergency transfer, the tenant shall notify the PHA’s management office and 
submit a written request for a transfer to any PHA office. The PHA will provide reasonable 
accommodations to this policy for individuals with disabilities. The tenant’s written request 
for an emergency transfer should include either: 
1. A statement expressing that the tenant reasonably believes that there is a threat of 
imminent harm from further violence if the tenant were to remain in the same dwelling 
unit assisted under the PHA’s program; OR 
2. A statement that the tenant was a sexual assault victim, and that the sexual assault 
occurred on the premises during the 90-calendar-day period preceding the tenant’s 
request for an emergency transfer. 
Confidentiality 
The PHA will keep confidential any information that the tenant submits in requesting an 
emergency transfer, and information about the emergency transfer, unless the tenant gives the 
PHA written permission to release the information on a time-limited basis, or disclosure of the 
information is required by law or required for use in an eviction proceeding or hearing 
regarding termination of assistance from the covered program. This includes keeping 
confidential the new location of the dwelling unit of the tenant, if one is provided, from the 
person or persons that committed an act of domestic violence, dating violence, sexual assault, 
or stalking against the tenant. See the Notice of Occupancy Rights under the Violence against 
Women Act for All Tenants for more information about the PHA’s responsibility to maintain 
the confidentiality of information related to incidents of domestic violence, dating violence, 
sexual assault, or stalking. 
Emergency Transfer Timing and Availability 
The PHA cannot guarantee that a transfer request will be approved or how long it will take to 
process a transfer request. The PHA will, however, act as quickly as possible to move a tenant 
who is a victim of domestic violence, dating violence, sexual assault, or stalking to another 
unit, subject to availability and safety of a unit. If a tenant reasonably believes a proposed 
transfer would not be safe, the tenant may request a transfer to a different unit. If a unit is 
available, the transferred tenant must agree to abide by the terms and conditions that govern 
occupancy in the unit to which the tenant has been transferred. The PHA may be unable to 
transfer a tenant to a particular unit if the tenant has not or cannot establish eligibility for that 
unit. 
If the PHA has no safe and available units for which a tenant who needs an emergency transfer 
is eligible, the PHA will assist the tenant in identifying other housing providers who may have 
safe and available units to which the tenant could move. At the tenant’s request, the PHA will

16-41 
also assist tenants in contacting the local organizations offering assistance to victims of 
domestic violence, dating violence, sexual assault, or stalking that are attached to this plan. 
Emergency Transfers: Public Housing (PH) Program 
If you are a public housing resident and request an emergency transfer as described in this 
plan, the PHA will attempt to assist you in moving to a safe unit quickly. The PHA will make 
exceptions as required to policies restricting moves. 
Emergency transfers for which you are not required to apply for assistance include the 
following: 
• Public housing unit in a different development  
• Public housing unit in the same development, if you determine that the unit is safe  
At your request, the PHA will refer you to organizations that may be able to further assist you. 
You may also request an emergency transfer to the following programs for which you are 
required to apply for assistance: 
• HCV tenant-based program   
• HCV project-based assistance  
• Other programs administered by the PHA (such as state housing programs) 
Emergency transfers will not take priority over waiting list admissions for these types of 
assistance. At your request, the PHA will refer you to organizations that may be able to 
further assist you. 
Safety and Security of Tenants 
Pending processing of the transfer and the actual transfer, if it is approved and occurs, the 
tenant is urged to take all reasonable precautions to be safe. 
Tenants who are or have been victims of domestic violence are encouraged to contact the 
National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter, 
for assistance in creating a safety plan. For persons with hearing impairments, that hotline can 
be accessed by calling 1-800-787-3224 (TTY). 
Tenants who have been victims of sexual assault may call the Rape, Abuse, and Incest 
National Network’s National Sexual Assault Hotline at 1-800-656-HOPE, or visit the online 
hotline at https://ohl.rainn.org/online/. 
Tenants who are or have been victims of stalking seeking help may visit the National Center 
for Victims of Crime’s Stalking Resource Center at https://www.victimsofcrime.org/our-
programs/stalking-resource-center.

16-42 
EXHIBIT 16-4: Emergency Transfer Request for Certain Victims of Domestic Violence, 
Dating Violence, Sexual Assault, or Stalking, FORM HUD-5383 
 
EMERGENCY TRANSFER 
U.S. Department of 
Housing 
OMB Approval  
No. 2577-0286 
and Urban Development 
Exp. 
06/30/2017 
REQUEST FOR CERTAIN 
 
 
VICTIMS OF DOMESTIC 
 
 
VIOLENCE, DATING VIOLENCE, 
 
 
SEXUAL ASSAULT, OR STALKING   
 
Purpose of Form: If you are a victim of domestic violence, dating violence, sexual assault, or 
stalking, and you are seeking an emergency transfer, you may use this form to request an 
emergency transfer and certify that you meet the requirements of eligibility for an emergency 
transfer under the Violence Against Women Act (VAWA).  Although the statutory name 
references women, VAWA rights and protections apply to all victims of domestic violence, 
dating violence, sexual assault or stalking. Using this form does not necessarily mean that you 
will receive an emergency transfer.  See your housing provider’s emergency transfer plan for 
more information about the availability of emergency transfers.    
The requirements you must meet are: 
(1)  You are a victim of domestic violence, dating violence, sexual assault, or 
stalking.  If your housing provider does not already have documentation that you 
are a victim of domestic violence, dating violence, sexual assault, or stalking, 
your housing provider may ask you for such documentation.  In response, you 
may submit Form HUD-5382, or any one of the other types of documentation 
listed on that Form. 
(2)  You expressly request the emergency transfer.  Submission of this form 
confirms that you have expressly requested a transfer.  Your housing provider may 
choose to require that you submit this form, or may accept another written or oral 
request.  Please see your housing provider’s emergency transfer plan for more 
details 
(3)  You reasonably believe you are threatened with imminent harm from 
further violence if you remain in your current unit.  This means you have a 
reason to fear that if you do not receive a transfer you would suffer violence in the 
very near future.   
OR 
You are a victim of sexual assault and the assault occurred on the premises 
during the 90-calendar-day period before you request a transfer.  If you are a 
victim of sexual assault, then in addition to qualifying for an emergency transfer

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because you reasonably believe you are threatened with imminent harm from 
further violence if you remain in your unit, you may qualify for an emergency 
transfer if the sexual assault occurred on the premises of the property from which 
you are seeking your transfer, and that assault happened within the 90-calendar-day 
period before you submit this form or otherwise expressly request the transfer. 
Submission of Documentation:  If you have third-party documentation that demonstrates 
why you are eligible for an emergency transfer, you should submit that documentation to your 
housing provider if it is safe for you to do so.  Examples of third party documentation include, 
but are not limited to: a letter or other documentation from a victim service provider, social 
worker, legal assistance provider, pastoral counselor, mental health provider, or other 
professional from whom you have sought assistance; a current restraining order; a recent court 
order or other court records; a law enforcement report or records; communication records 
from the perpetrator of the violence or family members or friends of the perpetrator of the 
violence, including emails, voicemails, text messages, and social media posts. 
Confidentiality:  All information provided to your housing provider concerning the 
incident(s) of domestic violence, dating violence, sexual assault, or stalking, and concerning 
your request for an emergency transfer shall be kept confidential.  Such details shall not be 
entered into any shared database.  Employees of your housing provider are not to have access 
to these details unless to grant or deny VAWA protections or an emergency transfer to you.  
Such employees may not disclose this information to any other entity or individual, except to 
the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) 
required for use in an eviction proceeding or hearing regarding termination of assistance; or 
(iii) otherwise required by applicable law.   
TO BE COMPLETED BY OR ON BEHALF OF THE PERSON REQUESTING A 
TRANSFER 
1. Name of victim requesting an emergency transfer:   
 
2. Your Name (if different from the victim:   
 
3. Name(s) of other family member(s) listed on the lease:   
 
 
 
4. Name(s) of other family member(s) who would transfer with the victim:   
 
 
 
5. Address of location from which the victim seeks to transfer:  
 
6. Address or phone number for contacting the victim::   
 
7. Name of the accused perpetrator (if known and can be safely disclosed):

16-44 
8. Relationship of the accused perpetrator to the victim: 
 
9. Date(s) and times(s) of incident(s) (if known):   
 
10. Is the person requesting the transfer a victim of a sexual assault that occurred in the past 
90 days on the premises of the property from which the victim is seeking a transfer?  
If yes, skip question 11. If no, fill out question 11:   
 
11. Describe why the victim believes they are threatened with imminent harm from further 
violence if they remain in their current unit.: 
 
 
 
 
 
12. If voluntarily provided, list any third-party documentation you are providing along with 
this notice:  
 
 
 
 
 
This is to certify that the information provided on this form is true and correct to the best of 
my knowledge, and that the individual named above in Item 1 meets the requirement laid out 
on this form for an emergency transfer. I acknowledge that submission of false information 
could jeopardize program eligibility and could be the basis for denial of admission, 
termination of assistance, or eviction.  
Signature  
Signed on (Date)  
 
 
 
Form HUD-5383             (12/2016)

17-1 
Chapter 17  
GLOSSARY 
A. 
ACRONYMS USED IN PUBLIC HOUSING 
 
ACC 
Annual contributions contract  
ACOP 
Admissions and Continued Occupancy  
ADA 
Americans with Disabilities Act of 1990   
AIDS 
Acquired immune deficiency syndrome  
AMI 
Area median income  
AMP 
Asset management project  
BR 
Bedroom  
CDBG 
Community Development Block Grant (Program)  
CFP 
Capital fund program  
CFR 
Code of Federal Regulations (published federal rules that define and implement 
laws; commonly referred to as “the regulations”)  
COCC 
Central office cost center  
CPI 
Consumer price index (published monthly by the Department of Labor as an 
inflation indicator)  
EID 
Earned income disallowance  
EIV 
Enterprise Income Verification 
FDIC 
Federal Deposit Insurance Corporation  
FHA 
Federal Housing Administration  
FHEO 
Fair Housing and Equal Opportunity   
FICA 
Federal Insurance Contributions Act (established Social Security taxes)  
FMR 
Fair market rent  
FR 
Federal Register  
FSS 
Family Self-Sufficiency (Program)  
FY 
Fiscal year  
FYE 
Fiscal year end  
GAO 
Government Accountability Office  
HA 
Housing authority or housing agency

17-2 
HCV 
Housing choice voucher  
HQS 
Housing quality standards  
HERA 
Housing and Economic Recovery Act of 2008  
HOPE VI 
Revitalization of Severely Distressed Public Housing Program  
HUD 
Department of Housing and Urban Development  
HUDCLIPS HUD Client Information and Policy System  
IMS 
Inventory Management System  
IPA 
Independent public accountant 
IRA 
Individual retirement account  
IRS 
Internal Revenue Service  
IVT 
Income Verification Tool  
JTPA 
Job Training Partnership Act  
LBP 
Lead-based paint  
LEP 
Limited English Proficiency   
LIHTC 
Low-income housing tax credit  
MTW 
Moving to Work  
NOFA 
Notice of funding availability  
OGC 
HUD’s Office of General Counsel  
OIG 
HUD’s Office of Inspector General  
OMB  
Office of Management and Budget  
PASS 
Plan to Achieve Self-Support  
PHA 
Public housing agency  
PHAS 
Public Housing Assessment System  
PIC 
PIH Information Center  
PIH 
(HUD Office of) Public and Indian Housing  
QC 
Quality control  
QHWRA 
Quality Housing and Work Responsibility Act of 1998 (also known as the Public 
Housing Reform Act)  
RAD 
Rental Assistance Demonstration Program  
REAC 
(HUD) Real Estate Assessment Center  
RFP 
Request for proposals  
RIGI 
Regional inspector general for investigation (handles fraud and program abuse 
matters for HUD at the regional office level)

17-3 
ROSS 
Resident Opportunity and Supportive Services  
SSA 
Social Security Administration  
SSI 
Supplemental security income  
SWICA 
State wage information collection agency  
TANF 
Temporary assistance for needy families  
TR 
Tenant rent 
TTP 
Total tenant payment  
UA 
Utility allowance  
UFAS 
Uniform Federal Accessibility Standards  
UIV 
Upfront income verification  
URP 
Utility reimbursement payment  
VAWA 
Violence Against Women Reauthorization Act of 2013  
VCA 
Voluntary Compliance Agreement

17-4 
B. 
GLOSSARY OF PUBLIC HOUSING 
Accessible. The facility or portion of the facility can be approached, entered, and used by persons 
with disabilities. 
Adjusted income. Annual income, less allowable HUD deductions and allowances. 
Affiliated individual. With respect to an individual, a spouse, parent, brother, sister, or child of 
that individual, or an individual to whom that individual stands in loco parentis (in the place 
of a parent), or any individual, tenant, or lawful occupant living in the household of that 
individual. 
Annual contributions contract (ACC). The written contract between HUD and a PHA under 
which HUD agrees to provide funding for a program under the 1937 Act, and the PHA 
agrees to comply with HUD requirements for the program. 
Annual income. The anticipated total income of an eligible family from all sources for the  
12-month period following the date of determination of income, computed in accordance 
with the regulations. 
Applicant (applicant family). A family that has applied for admission to a program but is not yet 
a participant in the program. 
As-paid states. States where the welfare agency adjusts the shelter and utility component of the 
welfare grant in accordance with actual housing costs. 
Assets. (See net family assets.) 
Auxiliary aids. Services or devices that enable persons with impaired sensory, manual, or 
speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, 
programs or activities receiving federal financial assistance. 
Bifurcate. With respect to a public housing or Section 8 lease, to divide a lease as a matter of 
law such that certain tenants can be evicted or removed, while the remaining family 
members’ lease and occupancy rights are allowed to remain intact. 
Ceiling Rent. The highest rent amount the PHA will require a family to pay, for a particular unit 
size, when the family is paying an income-based rent. 
Child. 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 
13 years of age 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 child care. In the case

17-5 
of child care necessary to permit employment, the amount deducted shall not exceed the 
amount of employment income that is included in annual income. 
Citizen. A citizen or national of the United States. 
Cohead. An individual in the household who is equally responsible for the lease with the head of 
household. A family may have a cohead or spouse but not both. A cohead never qualifies as a 
dependent. The cohead must have legal capacity to enter into a lease. 
Confirmatory review. An on-site review performed by HUD to verify the management 
performance of a PHA. 
Consent form. Any consent form approved by HUD to be signed by assistance applicants and 
participants to obtain income information from employers and SWICAs; return information 
from the Social Security Administration (including wages, net earnings from self-
employment, and retirement income); and return information for unearned income from the 
IRS. Consent forms expire after a certain time and may authorize the collection of other 
information to determine eligibility or level of benefits. 
Covered families. Statutory term for families who are required to participate in a welfare agency 
economic self-sufficiency program and who may be subject to a welfare benefit sanction for 
noncompliance with this obligation. Includes families who receive welfare assistance or other 
public assistance 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 the 
assistance. 
Dating violence. Violence committed by a person who is or has been in a social relationship of a 
romantic or intimate nature with the victim; and where the existence of such a relationship 
shall be determined based on a consideration of the following factors: 
− The length of the relationship 
− The type of relationship 
− The frequency of interaction between the persons involved in the relationship  
Dependent. A member of the family (except foster children and foster adults) other than the 
family head or spouse, who is under 18 years of age, or is a person with a disability, or is a 
full-time student. 
Dependent child. In the context of the student eligibility restrictions, a dependent child of a 
student enrolled in an institution of higher education. The dependent child must also meet the 
definition of dependent as specified above. 
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

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member) to be employed, provided that the expenses are neither paid to a member of the 
family nor reimbursed by an outside source. 
Disabled family. A family whose head, cohead, spouse, 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. 
Disabled person. See person with disabilities. 
Disallowance. Exclusion from annual income. 
Displaced family. A family in which each member, or whose sole member, is a person displaced 
by governmental action, or a person whose dwelling has been extensively damaged or 
destroyed as a result of a disaster declared or otherwise formally recognized pursuant to 
federal disaster relief laws. 
Domestic violence. Felony or misdemeanor crimes of violence committed by a current or former 
spouse of the victim, by a person with whom the victim shares a child in common, by a 
person who is cohabitating with or has cohabitated with the victim as a spouse, 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. 
Domicile. The legal residence of the household head or spouse as determined in accordance with 
state and local law. 
Drug-related criminal activity. The illegal manufacture, sale, distribution, or use of a drug, or 
the possession of a drug with intent to manufacture, sell, distribute, or use the drug. 
Economic self-sufficiency program. Any program designed to encourage, assist, train or 
facilitate the economic independence of assisted families, or to provide work for such 
families. Can include job training, employment counseling, work placement, basic skills 
training, education, English proficiency, Workfare, financial or household management, 
apprenticeship, or any other program necessary to ready a participant to work (such as 
treatment for drug abuse or mental health treatment). Includes any work activities as defined 
in the Social Security Act (42 U.S.C. 607(d)). Also see 24 CFR §5.603(c). 
Effective date. The “effective date” of an examination or reexamination refers to: (i) in the case 
of an examination for admission, the date of initial occupancy and (ii) in the case of 
reexamination of an existing tenant, the date the redetermined rent becomes effective. 
Elderly family. A family whose head, cohead, spouse, or sole member is a person who is at least 
62 years of age; 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. An individual who is at least 62 years of age.

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Eligible family (Family). A family that is income eligible and meets the other requirements of 
the 1937 Act and Part 5 of 24 CFR. 
Employer identification number (EIN). The nine-digit taxpayer identifying number that is 
assigned to an individual, trust, estate, partnership, association, company, or corporation. 
Evidence of citizenship or eligible status. The documents that must be submitted as evidence of 
citizenship or eligible immigration status. (See 24 CFR §5.508(b).) 
Extremely low-income family. A family whose annual income does not exceed the federal 
poverty level or 30 percent of the median income for the area, as determined by HUD, 
whichever number is higher, with adjustments for smaller and larger families. HUD may 
establish income ceilings higher or lower than 30 percent of median income if HUD finds 
such variations are necessary due to unusually high or low family incomes. (See 24 CFR 
§5.603.) 
Facility. All or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling 
stock, or other real or personal property or interest in the property. 
Fair Housing Act.  Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing 
Amendments Act of 1988. 
Fair market rent (FMR). 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 CFR Part 888. 
Family. Includes but is not limited to the following, regardless of actual or perceived sexual 
orientation, gender identity, or marital status, and can be further defined in PHA policy: 
− A family with or without children (the temporary absence of a child from the home due to 
placement in foster care is not considered in determining family composition and family 
size) 
− An elderly family or a near-elderly family 
− A displaced family 
− The remaining member of a tenant family 
− A single person who is not an elderly or displaced person, or a person with disabilities, or 
the remaining member of a tenant family. 
Family self-sufficiency program (FSS program). The program established by a PHA in 
accordance with 24 CFR part 984 to promote self-sufficiency of assisted families, including 
the coordination of supportive services (42 U.S.C. 1437u). 
Federal agency. A department of the executive branch of the federal government.

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Flat rent. Established by the PHA for each public housing unit; a rent based on the market rent 
charged for comparable units in the unassisted rental market, set at no less than 80 percent of 
the applicable Fair Market Rent (FMR), and adjusted by the amount of the utility allowance, 
if any. 
Foster child care payment. A payment to eligible households by state, local, or private agencies 
appointed by the state to administer payments for the care of foster children. 
Full-time student. A person who is attending school or vocational training on a full-time basis 
(carrying a subject load that is considered full-time for day students under the standards and 
practices of the educational institution attended). (See 24 CFR §5.603) 
Gender Identity. Actual or perceived gender-related characteristics. 
Handicap. Any condition or characteristic that renders a person an individual with handicaps. 
(See person with disabilities) 
Head of household. The adult member of the family who is the head of the household for 
purposes of determining income eligibility and rent. 
Household. A household includes additional people other than the family who, with the PHA’s 
permission, live in an assisted unit, such as live-in aides, foster children, and foster adults. 
Housing agency (HA). See public housing agency. 
HUD. The U.S. Department of Housing and Urban Development. 
Imputed asset. An asset disposed of for less than fair market value during the two years 
preceding examination or reexamination. 
Imputed asset income. The PHA-established passbook rate multiplied by the total cash value of 
assets. The calculation is used when net family assets exceed $5,000. 
Imputed welfare income. An amount of annual income that is not actually received by a family 
as a result of a specified welfare benefit reduction, but is included in the family’s annual 
income and therefore reflected in the family’s rental contribution. 
Income. Income from all sources of each member of the household, as determined in accordance 
with criteria established by HUD. 
Income-based rent. A tenant rent that is based on the family’s income and the PHA’s rent 
policies for determination of such rents. 
Income information means information relating to an individual’s income, including: 
− All employment income information known to current or previous employers or other 
income sources

17-9 
− All information about wages, as defined in the state's unemployment compensation law, 
including any social security number; name of the employee; quarterly wages of the 
employee; and the name, full address, telephone number, and, when known, employer 
identification number of an employer reporting wages under a state unemployment 
compensation law 
− Whether an individual is receiving, has received, or has applied for unemployment 
compensation, and the amount and the period received 
− Unearned IRS income and self-employment wages and retirement income 
− Wage, social security, and supplemental security income data obtained from the Social 
Security Administration. 
Individual with handicaps. See person with disabilities. 
Jurisdiction. The area in which the PHA has authority under state and local law to administer the 
program. 
Lease. A written agreement between the PHA and a tenant family for the leasing  a public 
housing unit. The lease establishes the legal relationship between the PHA and the tenant 
family. 
Live-in aide. A person who resides with one or more elderly persons, or near-elderly persons, or 
persons with disabilities, and who: 
− Is determined to be essential to the care and well-being of the persons; 
− Is not obligated for the support of the persons; and 
− Would not be living in the unit except to provide the necessary supportive services. 
Local preference. A preference used by the PHA to select among applicant families. 
Low-income family. A family whose income does not exceed 80 percent of the median income 
for the area as determined by HUD with adjustments for smaller or larger families, except 
that HUD may establish income limits higher or lower than 80 percent for areas with 
unusually high or low incomes. 
Medical expenses. Medical expenses, including medical insurance premiums that are anticipated 
during the period for which annual income is computed, and that are not covered by 
insurance (a deduction for elderly or disabled families only).  These allowances are given 
when calculating adjusted income for medical expenses in excess of 3 percent of annual 
income. 
Minimum rent. An amount established by the PHA of zero to $50. 
Minor. A member of the family household other than the family head or spouse, who is under 18 
years of age.

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Mixed family. A family whose members include those with citizenship or eligible immigration 
status, and those without citizenship or eligible immigration status. 
Monthly adjusted income. One twelfth of adjusted income. 
Monthly income. 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 at least 50 
years of age but below the age of 62; or two or more persons, who are at least 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. 
− 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 under 
§5.§609. 
− In determining net family assets, PHAs 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 reexamination, 
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. 
Noncitizen. A person who is neither a citizen nor national of the United States. 
PHA Plan. The annual plan and the 5-year plan as adopted by the PHA and approved by HUD. 
Participant (participant family). A family that has been admitted to the PHA program and is 
currently assisted in the program. 
Payment standard. The maximum monthly assistance payment for a family assisted in the 
voucher program (before deducting the total tenant payment by the family). 
Person with disabilities. For the purposes of program eligibility. A person who has a disability 
as defined under the Social Security Act or Developmental Disabilities Care Act, or a person

17-11 
who has a physical or mental impairment expected to be of long and indefinite duration and 
whose ability to live independently is substantially impeded by that impairment but could be 
improved by more suitable housing conditions. This includes persons with AIDS or 
conditions arising from AIDS but excludes persons whose disability is based solely on drug 
or alcohol dependence. For the purposes of reasonable accommodation. A person with a 
physical or mental impairment that substantially limits one or more major life activities, a 
person regarded as having such an impairment, or a person with a record of such 
an impairment. 
Premises. The building or complex in which the dwelling unit is located, including common 
areas and grounds. 
Previously unemployed. With regard to the earned income disallowance, 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. 
Public assistance. Welfare or other payments to families or individuals, based on need, which 
are made under programs funded, separately or jointly, by federal, state, or local 
governments. 
Public housing agency (PHA). Any state, county, municipality, or other governmental entity or 
public body, or agency or instrumentality of these entities, that is authorized to engage or 
assist in the development or operation of low-income housing under the 1937 Act. 
Qualified family  A family residing in public housing: 
− Whose annual income increases as a result of employment of a family member who was 
unemployed for one or more years previous to employment; 
− Whose annual income increases as a result of increased earnings by a family member 
during participation in any economic self-sufficiency or other job training program; or 
− Whose annual income increases, as a result of new employment or increased earnings of 
a family member, during or within six months after receiving assistance, benefits or 
services under any state program for temporary assistance for needy families funded 
under Part A of Title IV of the Social Security Act, as determined by the PHA in 
consultation with the local agencies administering temporary assistance for needy 
families (TANF) and Welfare-to-Work (WTW) programs. The TANF program is not 
limited to monthly income maintenance, but also includes such benefits and services as 
one-time payments, wage subsidies, and transportation assistance, provided that the total 
amount over a six-month period is at least $500. 
Reasonable accommodation. A change, exception, or adjustment to a rule, policy, practice, or 
service to allow a person with disabilities to fully access the PHA’s programs or services. 
Recertification. Sometimes called reexamination. The process of securing documentation of 
total family income used to determine the rent the tenant will pay for the next 12 months if 
there are no additional changes to be reported.

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Remaining member of the tenant family. The person left in assisted housing who may or may 
not normally qualify for assistance on their own circumstances (i.e., an elderly spouse dies, 
leaving widow age 47 who is not disabled). 
Residency preference. A PHA preference for admission of families that reside anywhere in a 
specified area, including families with a member who works or has been hired to work in the 
area (See residency preference area). 
Residency preference area. The specified area where families must reside to qualify for a 
residency preference. 
Responsible entity. For the public housing the PHA administering the program under an ACC 
with HUD. Secretary. The Secretary of Housing and Urban Development. 
Section 8. Section 8 of the United States Housing Act of 1937. Refers to the housing choice 
voucher program. 
Security deposit. A dollar amount (maximum set according to the regulations) which can be used 
for unpaid rent or damages to the PHA upon termination of the lease. 
Sexual Assault. Any nonconsensual sexual act proscribed by federal, tribal, or state law, 
including when the victim lacks capacity to consent (42 U.S.C. 13925(a)). 
Sexual orientation. Homosexuality, heterosexuality or bisexuality. 
Single person. A person living alone or intending to live alone. 
Specified welfare benefit reduction. Those reductions of welfare benefits (for a covered family) 
that may not result in a reduction of the family rental contribution. A reduction of welfare 
benefits because of fraud in connection with the welfare program, or because of welfare 
sanction due to noncompliance with a welfare agency requirement to participate in an 
economic self-sufficiency program. 
Spouse. The marriage partner of the head of household. 
Stalking. To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or 
intimidate; or to place under surveillance with the intent to kill, injure, harass, or intimidate 
another person; and in the course of, or as a result of, such following, pursuit, surveillance, or 
repeatedly committed acts, to place a person in reasonable fear of the death of, or serious 
bodily injury to, or to cause substantial emotional harm to (1) that person, (2) a member of 
the affiliated individual of that person, or (3) the spouse or intimate partner of that person. 
State wage information collection agency (SWICA). The state agency, including any Indian 
tribal 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.

17-13 
Tenant. 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 PHA. 
Total tenant payment (TTP). The total amount the HUD rent formula requires the tenant to pay 
toward rent and utilities. 
Utilities. Water, electricity, gas, other heating, refrigeration, cooking fuels, trash collection, and 
sewage services. Telephone service is not included. 
Utility allowance. (UA) 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 reimbursement. The amount, if any, by which the utility allowance for the unit, if 
applicable, exceeds the total tenant payment (TTP) for the family occupying the unit. 
Veteran. A person who has served in the active military or naval service of the United States at 
any time and who shall have been discharged or released therefrom under conditions other 
than dishonorable. 
Violence Against Women Reauthorization Act (VAWA) of 2013. Prohibits denying admission 
to the project to an otherwise qualified applicant on the basis that the applicant is or has been 
a victim of domestic violence, dating violence, sexual assault, or stalking. 
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. A list of families organized according to HUD regulations and PHA policy who are 
waiting for a unit to become available. 
Welfare assistance. Income assistance from federal or state welfare programs, including 
assistance provided under TANF and general assistance. Does not include assistance directed 
solely to meeting housing expenses, nor programs that provide health care, child care or other 
services for working families. For the FSS program (984.103(b)), welfare assistance includes 
only cash maintenance payments from federal or state programs designed to meet a family’s 
ongoing basic needs, but does not include food stamps, emergency rental and utilities 
assistance, SSI, SSDI, or social security.