Part B - Mandatory Federal Requirements
- Applicant Eligibility
An applicant must meet all of the housing assistance eligibility requirements for which an application is made in order to obtain the housing assistance. At a minimum, an applicant for the SRO Mod/Rehab program must be homeless.
- Required Consent by the Applicants and Participants
Each applicant or participant must be at least 18 years of age and shall sign one or more consent forms required by AHFC, HUD or Operator (on behalf of AHFC or HUD). The applicant/participant shall submit the signed consent forms to Operator (on behalf of AHFC) prior to Operator recommending their eligibility to AHFC. Participants are required to sign and submit consent forms at the next regularly scheduled income reexamination when requested-by AHFC, HUD or Operator. Operator will retain this documentation with a copy forwarded to AHFC as part of the application.
- Applicant/Participant Disclosures
Each applicant/participant must submit to the Operator a complete and accurate SSN. Applicant must provide Operator with information necessary to establish eligibility including citizenship or eligible immigration status and all sources of income and assets. New participants must sign a “Statement of Family Responsibility,” Form HUD 52578-B, acknowledging their obligations and responsibilities to AHFC. The Operator and AHFC will retain certain documentation as outlined in Part D of this Administrative Plan.
- Initial Determination and Reexamination
Operator shall conduct a reexamination of participant income and composition at least annually. The “effective date” of the annual reexamination refers to the first day of the month in which the initial lease is signed. The household must cooperate with Operator (on behalf of AHFC) to complete any and all reviews determined to be necessary by Operator, AHFC or HUD.
The Operator shall forward to AHFC the file contents outlined in Part D of this Plan as a recommendation to house the applicant. AHFC will review the file contents for quality assurance and make final approval of eligibility and TTP.
As a condition of admission to, or continued occupancy of, any assisted unit, Operator (on behalf of AHFC) shall require the participant to execute a HUD-approved release and consent form. The release and consent (as required under 24 CFR part 760) shall authorize the Operator to access any depository or private source (on behalf of AHFC). Operator shall also require the participant to submit documentation necessary for purposes of determining or auditing a participant’s eligibility to receive housing assistance, for determining the participant’s annual income, adjusted income or total tenant payment. The use of disclosure of information obtained from a participant or from another source pursuant to this release is limited solely to purposes directly connected with administration of the SRO housing assistance program.
- Annual Rent Adjustments
The effective date of the HAP is February 1, 1997. The original “base rent,” as stated in the HAP, is $355 per month. The initial “contract rent,” as stated in the HAP is $426 per month.
AHFC may adjust Contract Rents subject to receipt from Operator of a letter requesting a rent increase and a current schedule of Contract Rents. Operator shall submit the request for an adjustment, at a minimum, within 60 days of the anniversary date of the HAP contract (February l). Subject to the foregoing, AHFC will adjust Contract Rents as follows.
AHFC will utilize the HUD Annual Adjustment Factors (see Schedule C, 24 CFR part 888). Within 60 days of each February 1 annual anniversary date of the Contract, Operator may request an adjustment to Contract Rents in accordance with HUD procedures, effective the month following the submittal by the Operator.
Rent changes as a result of the adjustment cannot exceed the amount established by multiplying the Annual Adjustment Factor by the base rents. However, if the amounts borrowed to finance the Rehabilitation costs or to finance purchase of the property are subject to a variable rate or are otherwise renegotiable, Contract Rents may be adjusted in accordance with the HAP Contract to the extent that adjusted Contract Rents do not exceed the rents established by multiplying the Annual Adjustment Factor by the Contract Rents. Contract Rents may be adjusted upward or downward, as may be appropriate.
- Illegal Occupants
If Operator determines that anyone other than, or in addition to, the eligible individual is occupying an assisted SRO unit, Operator must take all necessary action, as soon as reasonably feasible, to ensure that the unit is occupied by only one eligible individual.
- Zero HAP Participants
A family’s eligibility for Housing Assistance Payments shall continue until the Total Tenant Payment equals the approved contract rent. The HAP terminates automatically for such participants one hundred eighty (180) calendar days after the last housing assistance payment to the Operator.
The termination of eligibility at such point will not affect the family’s other rights under its lease, nor will such termination preclude the resumption of payments as a result of later changes in income, rents or other relevant circumstances during the term of the Contract.
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