The Openhouse Community at 55 Laguna RESIDENT SELECTION CRITERIA Tax Credit/Section 42 May 10, 2016

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1 The Openhouse Community at 55 Laguna RESIDENT SELECTION CRITERIA Tax Credit/Section 42 May 10, 2016 PROJECT DESCRIPTION AND INTRODUCTION Mercy Housing California (MHC) and Openhouse are co-sponsors of The Openhouse Community at 55 Laguna building which consists of 40 studio, one and two bedroom units for persons 55 years and older. This development includes the adaptive re-use and renovation of the historic Richardson Hall built in 1924 in the Spanish Cononial Revival style as a teacher s school. This renovation will incorporate 40, Non-Smoking, new units of LGBT friendly housing and residential amenities in the upper stories, 2400 sqft of new retail and 2700 sqft of new office space for the service provider, Openhouse. There will be thirty-one (31) units affordable for persons ages 55 and older with household incomes at or below the lower of 40%, 45% and 50% of Area Median Income as determined by the California Tax Credit Allocation Committee and 50% of Area Median Income for the HUD HMFA that contains San Francisco as published by the City of San Francisco s Mayor s Office of Housing and Community Development. AMI shall not exceed 50% of MOHCD. Eight (8) units for persons fifty-five (55) and older that are designated as HOPWA (Housing for Persons With AIDS/HIV). The HOPWA units will additionally be subsidized by McKinney funds which will require residents meet the definition of Chronically Homeless Persons with HIV/AIDS. A 2 bedroom unit is designated for the Property Manager. A random drawing lottery lotteries will be held for 31 general population units, applications will be reviewed in lottery ranked order based on preferences. After all units are filled a waitlist for future vacancies will be established during that process described further below. The 8 units set aside as serving HOPWA applicants will be referred by the City and County of San Francisco s Human Services Agency ( HSA ) through their Continuum of Care Coordinated Entry referral process also described further below. Mercy Housing Management Group (MHMG) is the management agent. Openhouse will be the service provider with one onsite Resident Services Coordinator/Case Manager being employed on site.. SECTION 504 AND FAIR HOUSING Policies to Comply with Section 504 of the Rehabilitation Act of 1973 (and REASONABLE ACCOMMODATION/MODIFICATION), the Fair Housing Amendments Act of 1988 and Title VI of the Civil Rights Act of 1964, AND EQUAL ACCESS TO HOUSING IN FEDERALLY-ASSISTED PROGRAMS: Section 504 prohibits discrimination based upon disability in all programs or activities operated by recipients of federal financial assistance. Although Section 504 often overlaps with the disability discrimination prohibitions of the Fair Housing Act, it differs in that it also imposes broader affirmative obligations on owners to make their programs as a whole, accessible to persons with disabilities. These obligations include the following: 1. Making and paying for reasonable modifications to units and/or common areas that are needed by applicants and tenants with disabilities, unless these modifications would change the fundamental nature of the project or result in undue financial and administrative burdens;

2 2. Operating housing that is not segregated based upon disability or type of disability, unless authorized by federal statute or executive order; 3. Providing auxiliary aids and services necessary for effective communication with persons with disabilities; 4. Developing a transition plan to ensure that changes are properly implemented to meet program accessibility requirements (for properties built before June 1988); and 5. Performing a self-evaluation of the owner s program and policies to ensure that they do not discriminate based on disability; 6. Operating their programs in the most integrated setting appropriate to the needs of qualified individuals with disabilities; 7. Allowing a larger apartment to accommodate a Live-In Aide (Aides must pass the same criminal criteria as a new move-in would). Furthermore, the Section 504 regulations establish affirmative accessibility requirements for newly constructed or rehabilitated housing, including providing a minimum percentage of accessible units. In order for a unit to be considered accessible, it must meet the requirements of the FHA Guidelines, 2010 ADA Standard and California Building Code Chapter 11A. Priority will be given to those applicants requesting accessibility features and demonstrating need for such features, through the Reasonable Accommodation process, outlined in the Reasonable Accomodation Policy (attached to this form). Two (2) Units have been designed specifically for individuals with a physical impairment: a. For this development, "physical impairment" is defined as mobility impairment which necessitates the permanent use of a wheelchair. For all units designed specifically for wheelchair accessibility, priority will be given to those applicants needing such modifications; b. Priority will be given to households where a member is required to use a wheelchair; c. If there are not enough such households to fill all specially equipped units, owners may give preference to households with members whose physical or mobility impairment would be eased by the design of the accessible unit. 2. One (1) unit has been designed for individuals with hearing and sight impairments. This unit also has mobility features. The Fair Housing Act prohibits discrimination in housing and housing-related transactions based on race, color, religion, sex, national origin, disability and familial status. It applies to housing, regardless of the presence of federal financial assistance. Title VI of the Civil Rights Acts of 1964 prohibits discrimination on the basis of race, color or national origin in any program or activity receiving federal financial assistance from HUD. Age Discrimination Act of 1975 prohibits discrimination based upon age in federally assisted and funded program, except in limited circumstances. It is not a violation of the Age Discrimination Act to use age as a screening criteria in a particular program if age distinctions are permitted by statue for that program or if age distinctions are a factor necessary for the normal operation of the program or the achievement of a statutory objective of the program or activity. Protections Provided Based on Sexual Orientation, Gender Identity or Marital Status: Equal Access to Housing in HUD Programs Regardless of Sexual Orientation, Gender Identity or Marital Status - The Owner/Agent will comply with the requirements established in the Final Rule which ensures that HUD s core housing programs are open to all eligible persons regardless of sexual orientation, gender identity or marital status in any phase of the Revised 12/11/2015 Page 2 of 23

3 occupancy process. No Owner/Agent or administrator of HUD-assisted housing may inquire about the sexual orientation or gender identity of an applicant or occupant for purposes of determining eligibility. HUD further revises generally applicable definitions as follow: [a] The term Family includes, but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity or marital status: [i] A family with or without children (a child who is temporarily away from home because of placement in foster care is considered a member of the family); [ii] An elderly family; [iii] A near-elderly family; [iv] A disabled family; [v] A displaced family; and [vi] The remaining member of a tenant family. [b] The term gender identity means actual or perceived gender-related characteristics. [c] The term sexual orientation means homosexuality, heterosexuality or bisexuality. Even though HUD does not create an additional protected class under the Fair Housing Act or the Civil Rights Law, housing discrimination based on sex may still be covered by the Fair Housing Act under the Equal Access Rule. Persons with disabilities have the right to request reasonable accommodations and to participate in the informal hearing process. The 504 Coordinator for Mercy Housing is: Melanie Kibble, ; TTY number Limited English Proficiency (LEP) Reasonable steps to ensure that persons with Limited English Proficiency (LEP) have meaningful access and an equal opportunity to participate in our services, activities, programs and other benefits. We ensure meaningful communication with LEP applicants and residents and their authorized representatives. A contracted telephonic interpretation service and other aids needed to comply with this policy shall be provided free of charge to the person being served, and residents and their families will be informed of the availability of such assistance, during the entire process of the application period. Language assistance may also be provided through use of a competent bilingual staff, staff interpreters, or formal arrangements with local organizations providing interpretation services or technology. Languages include but not limited to Spanish, Cantonese, and Tagalog. 1. COP Certificate of Preference First preference will be given to Certificate of Preference holders (COP) for all housing units at The Openhouse Community at 55 Laguna. Certificate of Preference holders are primarily households displaced by Agency action in the Redevelopment Project Areas during the 1960 s and 1970 s but may also include other persons displaced by San Francisco Redevelopment Agency action. COP applicants will need to meet all qualifications for the unit. The Certificate of Preference Hotline number is: Documentation of COP status will be verified by the Mayor s Office of Housing and Community Development. 2. Displaced Tenant Housing Preference (DTHP) Second preference will be given to person(s) that qualify as a Displaced Tenant. Displaced Tenant shall mean any person who holds an active DTHP certificate issued by MOHCD. MOHCD Who will verify the status of Revised 12/11/2015 Page 3 of 23

4 DTHP certificate holders. DTHP certificate holders are individuals who have been displaced by Ellis Act or Owner Move In evictions since January 1, 2010 and who meet all DTHP program eligibility criteria. The DTHP priority shall apply to twenty percent (20%) of the all units (or up to 8 units) after COP applicants. After initial lease up, DTHP certificate holders will be added to the existing waiting list and will be prioritized for application processing and occupancy prior to other applicants until 20% of the units (8 units) in the project are occupied by DTHP certificate holders. 3. Neighborhood Resident Housing Preference (NRHP) Third preference will be given to person(s) that qualify under the Neighborhood Resident Housing Preference program. To qualify, at least one household member must live in Supervisorial District 8 or within a half mile (1/2) radius of property. As a new residential development going through the initial lease-up process, the Neighborhood Resident Preference shall apply to no more than forty percent (40%) of the all units (or up to 16 units) after COP and Displaced Tenant applicants. Neighborhood resident applicants will not be added on a priority basis to waitlist after the initial lottery process. Upon reopening the Wait List, only COP and DTHP preferences would apply. 4. San Francisco Live/Work Housing Preference Fourth preference will be given to households in which at least one household member must live in San Francisco or work in San Francisco at least 75% of their working hours. To prove eligibility, one of the listed documents must be submitted with your application: - Live in San Francisco Perference; Telephone bill (landline only), Cable or internet bill, Gas bill, Electric bill, Garbage bill, Water bill, Paystub (listing home address), Public benefits record, School record. - Work in San Francisco Preference; Paystub (showing address in San Francisco) or Letter from employer verifying employment in San Francisco with at least 75% of working hours in the City. member either lives or works in San Francisco. As a new residential development going through the initial leaseup process, the San Francisco Live/Work Preference shall apply to all remaining units for the initial lease up only. 5. General Population All other applicants that do not qualify for the above will be in this category. APPLICATION PROCESS General Population (31 units) & McKinney units (8 units) In screening and selecting applicants for units at The Openhouse Community at 55 Laguna, there shall be no discrimination. All applicants are asked for the same information by Mercy Housing Management Group and treated in the same manner. The applicant screening and selection process is conducted in strict conformity with both the letter and spirit of all federal and state and local fair housing statutes and ordinances. The Property Manager is to regularly receive in-service training and counseling regarding Fair Housing requirements. The property manager will also receive training on local laws. Thirty-one (31) general population units will be leased to qualified applicants based on income and The Openhouse Community at 55 Laguna Resident Selection Criteria. At initial lease up, MHMG will attempt to contact first 20 applicants in lottery rank order according to preference, ADA units and Reasonable Accomodation Requests by , phone, and regular mail. If the first applicants in lottery rank order do not respond and submit required documentation within 5 business days, MHMG will contact the next set of applicants in lottery rank order. and give each Revised 12/11/2015 Page 4 of 23

5 applicant 5 business days to respond with the required documentation. After the first twenty applicants have been prosessed, MHMG will contact the next set of 20 applicants in lottery rank order. Short applications for The Openhouse Community at 55 Laguna will be available at and must be returned to 145 Guerrero Street, San Francisco. If applicants are unable to pick up an application, one can mailed or ed to the applicant upon request. McKinney units (8 units) In screening and selecting applicants for units at The Openhouse Community at 55 Laguna, there shall be no discrimination. All applicants are asked for the same information by Mercy Housing Management Group and treated in the same manner. The applicant screening and selection process is conducted in strict conformity with both the letter and spirit of all federal and state and local fair housing statutes and ordinances. The Property Manager is to regularly receive in-service training and counseling regarding Fair Housing requirements. The property manager will also receive training on local laws. 8 units will serve as permanent supportive housing for those meeting the definition of Chronic Homeless. Effective January 15, 2016, those being admitted to the program must meet HUD s Continuum of Care (CoC) A. All applicant households will be referred by HSA. HSA will refer applicants through their Continuum of Care Coordinated Entry housing priority list and reviewed by their Shelter+Care team. B. Applicants must be Chronically Homeless Person(s) with HIV/AIDS, the definition of which will be as per the current HUD definition. Therefore, the definition may change from time to time. This RSC will be updated with the revised definition defition as the definition is revised. Program definition of Chronic Homeless as: 1. Chronically Homeless The terms means, with respect to an individual or family to be considered chronically homeless -- (i) (ii) (iii) A person must have a disability and has been living in a place not meant for human habitation, in an emergency shelter, or a safe haven for at least 12 months continuously or on at least four separate occasions in the last three years where those occasions cumulatively total at least 12 months; There is not a minimum number of days in which each occasion must total but instead, occasions are defined by a break of at least seven days not residing in an emergency shelter, safe haven, or residing in a place meant for human habitation; Stays in institutions of fewer than 90 days do not constitute a break and count toward total time homeless (includes jail, substance abuse or mental health treatment facility, hospital, or other similar facility); and Note: Beginning January 15, 2016, when the new definition goes into effect, any persons served in permanent supportive housing (PSH) that are required to serve persons that are chronically homeless (either dedicated or prioritized) may only accept new participants that meet this definition. Program participants who are already residing in these programs will not be affected. Revised 12/11/2015 Page 5 of 23

6 2. Recordkeeping Requirements The final rule establishes recordkeeping requirements for documenting chronic homelessness that take into account how providers use Homeless Management Information Systems (HMIS) and that does not require documentation of each day of homelessness but a method that can be more easily implemented. C. The Continuum of Care Coordinated Entry housing priority list in the descending order below: 1. Certificate of Preference Certificate Holder 2. Referral applicants from Continuum of Care Coordinated Entry housing priority list. D. INCOME LIMITS - The income limits for 40 Units below are for this property and are posted in the Leasing Office. The affordability restrictions as noted on page 1 are the following: MAXIMUM TCAC AMI Studio (McKinney) 1 40% Studio 2 45% Studio (McKinney) 7 50% One Bedroom 2 40% One Bedroom 7 45% One Bedroom 17 50% Two Bedroom 1 40% Two Bedroom 1 45% Two Bedroom 1 50% Two Bedroom 1 Managers Unit Total 40 And 50% of AMI for the HUD Metro Fair Market Rent Area that contains San Francisco as published by the San Francisco Mayor s Office of Housing and Community Development ( MOHCD AMI ). The most restrictive of each of these limitations applies, not to exceed MOHCD 50% AMI. For 2016, at initial lease up, the most restrictive of is as follows: MAXIMUM AMI Studio (McKinney) 1 40% TCAC AMI Studio 2 50% MOHCD AMI Studio (McKinney) 7 50% MOHCD AMI One Bedroom 2 40% TCAC AMI One Bedroom 7 45% TCAC AMI One Bedroom 17 50% MOHCD AMI Two Bedroom 1 40% TCAC AMI Two Bedroom 1 50% MOHCD AMI Two Bedroom 1 50% MOHCD AMI Two Bedroom 1 Managers Unit Total 40 Revised 12/11/2015 Page 6 of 23

7 C. UNIT SIZE/OCCUPANCY STANDARDS Households will be accommodated in accordance with the following occupancy standards: Minimum Maximum 1. Studio 1 person 2 persons One Bedroom 1 person 3 persons Two Bedroom 2 persons 5 persons 2. At least one member of the household must be fifty-five (55) years of age or older. 3. Members of the household under 55 years of age must meet one or more of the following: a. 45 years of age or older b. Spouse of Senior Citizen c. Domestic Partner of Senior Citizen d. Primary Economic Support to the Senior Citizen, defined as a Household member whose income supports the Senior Citizen, without which the Senior Citizen would not qualify for the unit. e. Primary Physical Support to the Senior Citizen. This will require a reasonable accommodation verification. Certificate of Economic or Physcial support will be required during the application process. 4. A Live-In Aide is allowed to live in the apartment due to a reasonable accommodation. MHMG Reasonable Accommodation Policy listed below: Mercy Housing Management Group will make every reasonable effort to accommodate individuals with special needs so that they are able to live, work, and/or receive services adequately and comfortably. These accommodations may include, but are not limited to, requirements related to visual, audio, language, ergonomic, physical, psychiatric, and other medical needs. These accommodations may be offered to any individual who requires them and who would otherwise not be able to live, work or access services in this particular environment. It is the intent of this policy to create a life, work, and service delivery environment which is respectful of all people s differences and special needs, and to make all reasonable accommodations in order to welcome diverse perspectives. It is also our intent to make these accommodations in a timely and efficient manner so that minimal impact is felt by all parties involved. It should be noted that these reasonable accommodations will be made at the expense of the Property. If you have a physical or mental disability, and as a result, you need: A change or repair in your housing unit that would give you an equal chance to live here and benefit from the use of your apartment. A change or repair to some other part of the housing site that would give you an equal chance to live here and use the facilities or programs on site. A change in the rules or policies or how we do things that would give you an equal chance to live here and use the facilities or take part in programs on site. Revised 12/11/2015 Page 7 of 23

8 A change in the way we give you information. An accessible unit. The accessible units comply with UFAS (Uniform Federal Accessibility Standards). Then you may ask for this kind of change, which is called a Reasonable Accommodation. What you ask for may be one of the examples listed above or it may be any other change you need. Please contact a Manager if you need this information in another format. Your Request If you can show that you have a physical or mental condition that needs this change, and if your request is reasonable (not too expensive and not too difficult to arrange), we will try to make the changes you ask for. You can ask for a Reasonable Accommodation by contacting the Manager. You may be asked to fill out a Reasonable Accommodation Request form. Staff can assist you with your request. Our Response We will verify the disability with the appropriate person (i.e. medical provider) who can verify the request is from a Resident who has a disability. We will give you an answer within 21 days of our receiving your written request, unless there is a problem getting the information we need, or unless you agree to a longer time. We will let you know if we need more information or verification from you, or if we would like to talk with you about other ways to meet your needs. If we deny your request, we will explain the reasons in writing and you can give us more information, if you think that will help. You may also appeal our decision by contacting the person listed on the Reasonable Accommodation Request Form. Confidentiality All information you provide will be kept confidential and will be used only to help you have an equal opportunity to enjoy our housing, services, and programs. It is illegal for us to deny you any services or retaliate against you because you made a Reasonable Accommodation/Modification Request Form. D. TAX CREDIT STUDENT ELIGIBILITY RULE We cannot accept a household entirely occupied by full-time students unless one or more of the following criteria are met: 1. The students receive assistance under Title IV of the Social Security Act (Temporary Assistance to Needy Families or TANF, formerly AFDC); 2. The students are enrolled in a job training program receiving assistance under the Job Training Partnership Act or under other similar Federal, State or local laws; 3. The students are single parents with child(ren) and such parents and the child(ren) are not dependents of another individual; Revised 12/11/2015 Page 8 of 23

9 4. The students are married and file a joint tax return or are eligible to file a joint tax return 5. At least one household member was previously (not currently) under the care and placement responsibility of the State Agency responsible for administering a plan under Part B or Part E of Title IV of the Social Security Act (Foster Care). A full-time student is defined as: a. Anyone who is currently enrolled in any type of school and the school they attend defines the hours they attend as full time. b. Anyone who will attend full time any type of school any time in the next twelve (12) months. c. Anyone who has attended school full time for five (5) months of this calendar year. This does not have to be consecutive. Example 1: If an applicant attends school full time from January 20 th through May 13 th, this is considered five months. If they attend one day in any month, that counts as a full month. Example 2: If you attended full time one day in January, one day in February, one day in April, one in June and one in July, you are considered a full-time student until January 1 st of the following year. II. WAITING LISTS A. The Waiting Lists will be maintained in lottery rank order. If the highest ranking household on the wait list does not match the vacancy, MHMG will contact each person on the list until a match is found. according to family size, the percentage of area median income the annual income is, and type of unit for applicant households. The Waiting List is open with the understanding that those who are listed are fully informed of its length and the policies/procedures for selecting individuals and updating the list when they apply and are added to the list. 1. If no units are available, an eligible applicant will be placed on a Waiting List. 2. If the existing Waiting List contains so many names that the average wait for a unit is a year or more, the property may decline to accept additional applications. In this case, the Waiting List is "closed". Except as stated above Displaced Persons can be added to the waiting list at any time (even if it is closed ) if the property has less than 20% or less of the units (or 16 units) currently occupied with Displaced Persons. DTHP may not be eligbble if the property already meets the 20% occupied by Displaced Persons. COP Holders can be added at anytime. An announcement (via posting in property office, on property voic and advertising in local newspapers) will be made when the Waiting List closes and when the Waiting List reopens. 3. The Waiting List shall be updated after the first year, and at minimum, each year thereafter. 4. Following initial rent-up for each size/type of unit, there will be a Waiting List for each of the following, as applicable: (a) Current residents who need to transfer to a different unit (See Transfer Policy below); (b) Outside applicants wishing to move into the property. FILLING VACANT UNITS Applicants are first selected from the Transfer list (see below transfer policy) then second from the Waiting List and offered units in the order required by HUD rules and our policies. 1. When a unit becomes available, we will first review the Transfer list to see if any of the Revised 12/11/2015 Page 9 of 23

10 residents qualify to transfer to the available unit based on the Unit Transfer Policy. If no one qualifies on the Transfer List for the available unit we will then select the next applicant from the Waiting list. based on the unit size available, and our screening policies. We will select the first name on the Waiting List for the appropriate unit size (or list of names for units reserved for disabled applicants) and make a final determination of eligibility and suitability for tenancy, using the criteria described in the Applicant Screening section. 2. Applicants will be contacted by telephone in the order as stated above, and the first applicant to complete the process, notifies management of their decision, and pays their rent and deposit, will be offered the unit. 3. If an applicant declines or does not respond to the first offer of an available unit when contacted, his/her name will remain in their current order on the Waiting List. If an applicant declines or does not respond to a second offer of an available unit when contacted, his/her name will be placed on the bottom of the Waiting List. If an applicant declines an apartment a third time, his/her application may be cancelled. Written notification of the attempt to contact, and cancellation of the application, will be mailed to the applicant. 4. We must first lease vacant accessible units to current tenants or applicants requiring special physical design features. If there is no current tenant or applicant requiring an accessible unit or its features, a non-physically disabled individual can move into the accessible unit. The non-physically disabled applicant must agree to move to a non-accessible unit at their own expense when there is a tenant or applicant that requires the accessible unit. A lease addendum (Accessible Unit for Disabled Lease Addendum) will be entered into with the non-physically disabled tenant living in an accessible unit. III. TRANSFER POLICY Transfers from one unit to another type of unit within the property will take precedence over new move-ins, and may be required by management for the following reasons only: 1. To alleviate overcrowding (Household has more members than the Occupancy Standards allow); 2. To avoid occupancy by too few people (Household is under the minimum Occupancy Standards and is required to transfer to the next available unit of appropriate size); 3. For verifiable medical necessity, i.e. wheelchair accessible unit or additional space for medical equipment. Transfers that are needed due to a reasonable accommodation will have priority over non-reasonable accommodation transfer; 4. When a household requests to transfer one or more lessees out of an existing household into another unit on the property, the transferring lessee will be treated as a new applicant. He/she must be at least 55 years of age or older, complete an application, and then they will be placed at the bottom of the Waiting List. As any other applicant, they must meet eligibility and qualify as a new move-in by going through the screening process regarding verifying income, criminal and credit history, etc.; 5. For emergency temporary relocation. (If a unit becomes uninhabitable due to a catastrophe, the resident family will be given any open unit for temporary living quarters until their own unit is repaired. An open unit is a unit for which the keys are in the possession of the management company.) Transfer list(s) will be maintained by Unit Size and/or Type, i.e. 2BR Transfer List, or Mobility Accessible Unit or 2BR Mobility Accessible Unit, etc. Transfer list(s) resident names will be maintained in a date Revised 12/11/2015 Page 10 of 23

11 and time order. The tenant will pay all costs associated with the move. However, if a tenant is transferred as a reasonable accommodation to a household member s disability, then the owner has to allow the tenant to pay for the modification to the unit. The tenant is to have the funds in escrow to return the unit back into its original condition upon move-out, or when/if the modification is no longer needed. A nationwide sex offender lifetime registration will be run for adult household members and emancipated minors for the annual recertification process, and before a household is transferred to another unit. Any household member who is subject to a nationwide sex offender lifetime registration requirement will be subject to an eviction, in accordance with the lease and the owner s standards for termination of tenancy. IV. VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT AND STALKING: A. Existing state laws may prohibit a landlord from denying admission to a person simply because she/he has been a victim or survivor of domestic violence, dating violence, sexual assault or stalking. If a person is a victim or survivor of domestic violence, dating violence, sexual assault or stalking, it might not be good cause for evicting the victim or survivor of that violence. A landlord, however, may be able to evict an individual based on the domestic violence against her/him if it can be proven there is an actual and imminent threat to other tenants or staff, if she/he is not evicted. In addition, an individual cannot be denied a housing voucher simply because she/he has been a victim or survivor of domestic violence, dating violence, sexual assault or stalking, nor can the landlord evict her/him for this reason, unless the landlord can show that there is an actual and imminent threat to the other tenants or staff if she/he is not evicted. [If a property has a layering of federal funding, the laws might protect victims or survivors of domestic violence, dating violence, sexual assault or stalking, as well as their immediate family members generally, from being evicted or being denied housing assistance if an incident of violence [that] is reported and confirmed. The law might provide that an incident of actual or threatened domestic violence, dating violence, sexual assault or stalking, does not qualify as a serious or repeated violation of the lease nor does it constitute good cause for terminating the assistance, tenancy, or occupancy rights of the victim or survivor. Furthermore, criminal activity directly relating to domestic violence, dating violence, sexual assault or stalking is not grounds for terminating the victim s or survivor s tenancy. Owner/Agents (O/A) may bifurcate (divide a lease as a matter of law) in order to evict, remove, or terminate the assistance of the offender while allowing the victim or survivor, who is a tenant or lawful occupant, to remain in the unit.] B. Confidentiality of Information Received from Victims or Survivors of Domestic Violence, Dating Violence, Sexual Assault or Stalking O/As responding to an incident of actual or threatened domestic violence, dating violence, sexual assault or stalking that could potentially have an impact on a tenant s participation in the housing program may request in writing that an individual complete, sign, and submit within 14 business days of the request, the HUD-approved certification form (HUD-91066) or similar form. Alternately, in lieu of the certification form or in addition to it, O/As may accept a) a federal, state, tribal, territorial, or local police record or court record or b) documentation signed and attested to by a professional (employee, agent or volunteer of a victim service provider, an attorney, medical personnel, etc.) from whom the victim or survivor has sought assistance in addressing domestic violence, dating violence, sexual assault or stalking or the effects of the abuse. The signatory attests to his/her belief that the incident in question represents bona fide abuse, and the victim or Revised 12/11/2015 Page 11 of 23

12 survivor of domestic violence, dating violence, sexual assault or stalking has signed or attested to the documentation. C. The landlord might be required to change the locks, as defined, within 24 hours of a written request, as specified, when the restrained person is not a tenant of the same dwelling unit. The restrained person who has been excluded from a dwelling unit might remain liable under the lease with all other tenants of the dwelling unit for rent as provided by the lease. The landlord, under specified circumstances, might also be required to change the locks when the restrained person is a tenant of the same dwelling unit. If the landlord does not change the locks within 24 hours, the protected tenant might be able to change the locks without the landlord s permission. D. A tenant may notify the landlord that she/he is a victim or survivor and intends to terminate their tenancy. A notice to terminate a tenancy under the law shall be in writing, with one of the following attached to the notice: (1) a copy of a temporary restraining order or a lawfully-issued emergency protective order that protects the tenant or household member from further domestic violence, dating violence, sexual assault or stalking; (2) a copy of a written report by a peace officer employed by a state or local law enforcement agency acting in his/her official capacity, stating that the tenant or household member has filed a report alleging that she/he or the household member is a victim or survivor of domestic violence, dating violence, sexual assault or stalking; and/or (3) other written documentation from a qualified third-party of the acts constituting domestic violence, dating violence, sexual assault or stalking. The notice to terminate the tenancy shall be given within 60 days of the date that any order described above was made, or with the time period described in a Family/Penal/Code of Civil Procedure Section(s). If the notice to terminate the tenancy is provided to the landlord under this Section, the tenant shall be responsible for payment of rent for 30 days following the giving of the notice, or within the appropriate period as described in the Family/Penal Code of Civil Section(s), and thereafter shall be released from any rent payment obligation under the rental agreement without penalty. Existing law governing the security deposit shall apply. E. It is possible for someone lawfully occupying the unit, who is also a victim or survivor, to be evicted or removed from the home. If the victim or survivor commits separate criminal activity, a landlord may evict them for engaging in crime. Furthermore, if a victim or survivor poses an actual and imminent threat to other tenants or those employed at or providing service to the property, they could be evicted, despite domestic law protections. Of paramount consideration is that the landlord may not hold the victim or survivor to a more demanding standard than other tenants. F. Definitions The following definitions are provided as assistance in understanding and implementing the Violence Against Women Act (VAWA) protections. The definitions for domestic violence, dating violence, sexual assault or stalking, and affiliated individual have been incorporated into the United States Housing Act. Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, or intimate partner of the victim, by a person with whom the victim Revised 12/11/15 Page 12 of 23

13 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. Dating Violence means violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim, and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. Sexual Assault means any proscribed by chapter 109A of Title 18, whether or not the conduct occurs in the special maritime and territorial jurisdiction of the United States or in a Federal prison and includes both assaults committed by offenders who are strangers to the victim and assaults committed by offenders who are known or related by blood or marriage to the victim. Stalking means (A)(i) to follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate another person; or (ii) to place under surveillance with the intent to kill, injure, harass, or intimidate another person; and (B) 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 (i) that person; (ii) a member of the immediate family of that person; or (iii) the spouse or intimate partner of that person. Affiliated Individual means, with respect to a person: (A) a spouse, parent, brother, sister, or child of that person, or a person to whom that person stands in in the place of a parent to a child (for example, the affiliated individual is a child in the care, custody, or control of that indivudal); or (B) any individual, tenant, or lawful occupant living in the household of that person. Bifurcate means to divide a lease as a matter of law so that certain tenants can be evicted or removed while the remaining family members lease and occupancy rights are allowed to remain intact. V. APPLICANT SCREENING & FINAL SELECTION OF RESIDENTS A. The following priority for processing will also be used: 1. Units designed specifically for individuals with a physical impairment: (a) (b) (c) For this development, "physical impairment" is defined as mobility impairment which necessitates the permanent use of a wheelchair. For all units designed specifically for wheelchair accessibility, priority will be given to those applicants needing such modifications; Priority will be given to households where a member is required to use a wheelchair; If there are not enough such households to fill all specially equipped units, owners may give preference to households with members whose physical or mobility impairment would be eased by the design of the accessible unit. Revised 12/11/15 Page 13 of 23

14 2. Units designed for individuals with a hearing or vision impairment: (a) For all units designed specifically with hearing and/or vision features, priority will be given to those applicants and households where a member is in need of such modifications. B. Initial Interview All household members must be present at the initial interview. At the scheduled interview, all eligibility factors will be explained to the applicants, with particular emphasis on the Applicant Screening Requirements. During the interview, the staff person will do the following: - Clarify any information provided by the applicant; - Income qualification verification, including self-employment: soliciting third-party verification from all sources in order to determine annual household income (the maximum income levels applies to the programs, and the minimum income levels apply to the Tax Credit program), and all assets, including bank accounts; - Make copies of photo identification, i.e. Driver s License or state or City I.D. card, I-94s or employment cards for adults 18 years of age and older, and birth certificates for children under the age of 18 years of age; - Make copies of COP or Displaced Tenant certificates, if applicable; - Answer any questions the applicant may have. C. Applicant Screening Application Fee An Application Fee of $25.00 paid by money order is required for all adults 18 years of age and older that will reside in the apartment and should be submitted at the time the initial interview with Mercy Housing Management Group. (After background screening is processed, the Application Fee is non-refundable.) It is the policy of Mercy Housing Management Group to deny admission to applicants whose habits and practices may reasonably be expected to have a detrimental effect on the operations of the property or on the quality of life for its residents. As a part of the final eligibility determination, Mercy Housing Management Group will screen each applicant household to assess suitability. Factors to be considered in the screening are housekeeping habits, rent paying habits and credit records, prior history as a tenant and criminal records. Per the Fair Chance Ordinance criminal background checks will not be reviewed until after Income, Rental and Credit eligibility have been determined. Following is a description of each of these factors and the method of verification to be employed: General population applicants will be placed on a waitlist via a random lottery drawing process per the The Openhouse Community at 55 Laguna s Marketing Plan. There will be no pre-screening of applications; with the exception of duplicate applications. Duplicate applications may be disqualified. All applicants on the waitlist will be fully screened before being selected for residency. The screening focuses on rental history and eligibility criteria and includes verification of the following areas: Revised 12/11/15 Page 14 of 23

15 1. Application Completion 2. Income Eligibility-Verified 3. Landlord references (if available) and/or personal references 4. Applicants will not be considered to have a poor history of tenancy based on landlord reference when records show minor (i.e. late rent, etc) lease violations. or criminal offenses which do not include physical violence to persons or property, domestic violence, sales of narcotics, illegal weapons possession, any form of assault, breaking and entering and burglary. 5. Mercy Housing Management will hire a contractor (currently Credit Retriever which can be contacted at to run a credit and criminal background check on all applicants. Mercy Housing Management will also check court records for evidence of evictions or judgments against the applicant and evidence of criminal convictions. The purpose of these checks is to obtain information on the applicant s past history of meeting financial obligations and future ability to make timely rent payments and to abide by operational policies and regulatory agreements regarding the prohibition of admitting any applicant with specific criminal activity. Per the Fair Chance Ordinance, criminal background checks will not be reviewed until after Income, Rental and Credit eligibility have been determined. A MHMG staff person who has no authority over the applications for review, approval or denial will obtain the criminal background report upon provisional approval of the application. Each report request and response will be time and date stamp via and via hand stamp to ensure review was completed after the provisional approval of the application. 6. Consent And Verification Forms Eligibility Requirements- Adult members of a family must sign consent forms for credit and eviction records and as necessary, verification documents, so that the owner can verify sources of family income and other eligibility or screening requirements. Adults members may sign but are not required to sign the consent form for the criminal background check until after all other eligibility has been determined. 7. The owner must consider a family ineligible if the adult members refuse to sign applicable consent and verification forms; see #7 above. Additionally, each Applicant will be reviewed in terms as defined below: 1. The applicant must be eligible based on qualifying Income and Household size (see page 5 for income eligibility and page _6_ for occupancy standards.) 2. The applicant must be willing and able to abide by the house and community rules. 3. The applicant must complete the required orientation and application process and provide all requested authorizations for release of otherwise confidential information. 4. They must be able to keep the apartment in a safe and sanitary manner, demonstrate the ability to pay rent and comply with rent guidelines associated with the lease agreement manage personal finances, meet personal health needs, and function without threatening personal safety or the safety of others and comply with the lease. Or accept assistance with any of those items listed if they become an issue with the resident. Assistance is provided by Mercy Housing Resident Services or Third Party Case Management (This is measured based on the landlord or alternate references.) 5. They must behave in a manner which is not abusive, disruptive, or aggressive. (See page _16_ Criteria for denied applications.) 6. Any household who requires a Live-in Attendant must complete all Live-in Attendant verifications. The Live-in Attendant will be subject to the same criminal background checks, and must meet with Property Management Staff to review the Lease and House Rules. A Live-in Attendant must also sign an Occupancy Agreement that will be kept in the Resident s file. The Live-in Attendant must abide by the Lease and House Rules but will not be added to the Lease. If the person in need of a Live-in Attendant expires or moves out, the Live-in Attendant must comply with the Live-in Attendant Occupancy Agreement to vacate the premises. Revised 12/11/15 Page 15 of 23

16 The following set of standard criteria is to be used as a guide to select residents after all interview and reference check information has been taken into consideration and are applied consistently and fairly to all candidates: Rent Paying Habits, Responsible Tenancy History, Behavior and Conduct After income eligibility has been confirmed, staff will request credit histories on each adult member of each applicant household and will request phone references from the applicant's current landlord and former landlords for the past two (2) years. Based upon these verifications, the staff will determine if the applicant(s) paid rent on time, took care of the unit, and if the landlord would rent to them again. If the landlord provides a good reference, staff will move forward with the application process. If the landlord provides a negative reference that documents lease violation or evictions, staff will request a written reference from the Landlord. If the landlord provides a negative reference indicating that the applicant was chronically late with rent payments, was evicted at any time during the past two (2) years for non-payment of rent, or had other landlord/tenant legal action initiated for actions within their control, any one of these circumstances shall be grounds for an ineligibility determination. Applicants who have failed to pay amounts due or failed to reach a satisfactory agreement to pay those amounts will also be considered ineligible. It is the applicant s responsibility that at least one household member can demonstrate utilities can be put in their name. For this to be demonstrated, at least one household member must have a credit report that shows no utility accounts in default. Applicants who cannot have utilities put in their name will be considered ineligible. Management will initiate an eviction history and credit report. The applicant shall be notified of such action in advance. Applicants will be charged the actual costs of the credit and criminal records reports OR the maximum allowable fee set by statute, whichever is less. Applicants to properties with HUD rental subsidies will not be charged for the reports. Any currently open bankruptcy proceeding of any of the household members will be considered a disqualifying condition. If there is a finding of any kind which would negatively impact an application, the applicant will be notified in writing. The applicant then shall have 14 calendar days in which such a finding may be appealed to staff for consideration. Gross Rent as Percentage of Gross Income Minimum income requirements shall not be more restrictive than requiring a minimum income that is two times the rent, and must include tenant based rent subsidies as income. Additionally ability to pay rent based on rental history of paying a similar or higher rent or other demonstrable methods of rent payment such as participation in money management shall be considered mitigating circumstances related to minimum income and must be evaluated prior to denial of Revised 12/11/15 Page 16 of 23