Natalie Gubb Commons RESIDENT SELECTION CRITERIA/PLAN Tax Credit/Section 42 - PBV - Family Housing 95 Tax Credit & 24 PBV Units

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1 Natalie Gubb Commons RESIDENT SELECTION CRITERIA/PLAN Tax Credit/Section 42 - PBV - Family Housing 95 Tax Credit & 24 PBV Units LIMITED ENGLISH PROFICIENCY (LEP) Reasonable steps will be taken 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. Management ensures meaningful communication with LEP applicants and residents and their authorized representatives. Interpreters, translators 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. Language assistance will be provided through use of a contracted telephonic interpretation service, competent bilingual staff, staff interpreters, or formal arrangements with local organizations providing interpretation or translation services or technology. Natalie Gubb Commons (120 Units) provides affordable rents for 119 units for families (plus one manager s unit), and these units are governed by the IRS Section 42 Tax Credit/LIHTC program, of which 24 units have Project- Based Vouchers (PBV)through the San Francisco Housing Authority (SFHA). These programs have household income limitations. This Resident Selection Plan outlines the procedures that will be followed in selecting tenants for the Tax Credit units, and the Project Based Voucher units. Management is responsible for implementing these procedures. PREFERENCES Preferences are not permitted if they in any way negate affirmative marketing efforts or fair housing obligations. The following preferences apply to Transbay Block 7: A. Existing Tenant Preferences The following actions are always given priority for current households, if applicable. 1. A unit transfer because of household size. 2. A unit transfer based on the need for an accessible unit. 3. A unit transfer of a non-disabled individual living in a wheelchair accessible unit to accommodate an applicant on the Waiting List in need of a wheelchair accessible unit. (A lease addendum will be entered into with non-disabled tenant living in a wheelchair accessible unit.) 4. A unit transfer based on the need of an 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.) 5. If a PBV household makes a unit transfer request they must wait until a PBV unit becomes available. B. Owner Preferences In addition to the Existing Tenant Preferences listed above, the property has the following preferences. The preferences listed below are subordinate to the Existing Tenant Preferences and will be given to eligible applicants on the Waiting List B: 1. Certificate of Preference Holders (COP). Certificate of Preference holders are primarily households displaced by Agency action in the Redevelopment Project Areas during the

2 1960 s and 1970 s but may also include other persons displaced by Agency action and who meet all qualifications for the unit. The Certificate of Preference Hotline number is: (415) This preference applies at the initial lease-up lottery and to re-renting vacant units up to 100% of the units. 2. Live or Work in San Francisco. This preference will be given to applicants who either live or work in San Francisco. This preference applies to 100% of all units at the initial leaseup lottery only. C. When a Preference Is Denied If it is determined that an applicant does not meet the criteria or is not receiving a preference, the applicant will promptly receive a written notice of this determination from Management. The notice will contain a brief statement of the reasons for the determination, and state that the applicant has the right to meet with Management to review this decision. If the applicant requests a meeting, it will be conducted by a person or persons designated by Management. Persons with disabilities have the right to request reasonable accommodations to participate in this meeting. PROGRAM INCOME AND ELIGIBILITY REQUIREMENTS - Applicants who apply to any unit at the Property must meet eligibility tests for the unit type first, before any further screening steps are taken regarding selection criteria. This eligibility test includes: 1. Management has received a completed application form, or pre-application form, and all accompanying consent forms for release of information signed. 2. Applicants for LIHTC units must meet the income requirements of Section 42 of the Internal Revenue Code outlined in the Restrictive covenants: occupancy is restricted to households with annual income at or below 40% (36 units) and 50% (83 units) of the area median income (AMI), based on area income figures published annually. The most restrictive of these limitations applies, incomes not to exceed 40% TCAC (36 units), the lower of MOHCD 50% or TCAC 50% (14 units), and 50% TCAC (69 units). The Agent will seek third-party verification in conformance with the IRS code s Restrictive Covenants. 3. Applicants for PBV units must meet the income requirements with household annual income at or below 40% TCAC of the AMI, based on area income figures published annually. All definitions relating to income are based on 24 C.F.R. Part All applicants for the PBV units must meet the eligibility requirements outlined in the SFHA s Authority s Admissions. 5. The Tax Credit student rule applies to the LIHTC units, and the HUD full-time student rule applies to the PBV units. 6. For PBV units, an eviction could preclude a household from consideration if the loss of a voucher is due to Housing Authority rule violations. I. APPLICATION PROCESS Priority determines the order of processing only, and in no way changes the requirement that all potential tenants must meet the other criteria for resident selection. Electronic lottery drawing will be conducted. All applicants will be ranked in lottery order in priority of the following preferences: 1. Eligible Certificate of Preference Holder (COP); 2. Verified Live or Work in San Francisco Preference 3. Initial lease-up MHMG will attempt to contact the applicants in lottery order by , phone Revised 9/25/17 Page 2 of 19

3 and regular mail. MHMG will attempt a second form of contact. If the applicant is unresponsive after two (2) attempts MHMG may contact the next group of applicants in lottery ranked order. If required documentation is not submitted within seven (7) business days, after contact, MHMG may move forward with the next set of applicants. Units will not be offered until the preceding applicant households have been completely processed. SFHA applicant households will be referred by the SFHA Waitlist Dept. MHMG will attempt to contact the applicants in lottery order by , phone and regular mail. If the first applicants in lottery order do not respond and submit required documentation within 5 business days, MHMG will contact the next set of applicants in lottery order. Applications for the initial lease up will be online at housing.sfgov.org. If you are unable to apply online or print an application, management can mail, or the application upon request. For unit vacancies (95 units) after the initial lease-up, units will be offered according to the following descending order of priorities: 1. Unit transfers based on eligible Existing Tenant Preference noted above. 2. Eligible Certificate of Preference Holder (COP). Certificate of Preference Holders have preference, whether they are on the waiting list or not. 3. Verified Live or Work in San Francisco Preference. The waiting list of 500 applications after building has been leased up. For SFHA unit vacancies (24 units) after the initial lease-up, units will be offered according to the following descending order of priorities: 1. Unit transfer request by eligible existing SFHA tenant. 2. Referrals provided by the SFHA Waitlist Dept. SFHA Administrative Plan needs to be reviewed annually. B. INCOME LIMITS - The income limits below are for this property and are posted in the Leasing Office. Since HCD restrictions are the most restrictive in terms of affordability, as long as the Declaration of Restrictions (DOR) is in effect, the units will be rented at the HCD-AHSC restrictions. The OCII and TCAC/CDLAC restrictions are also imposed on the units but are superseded by the HCD restrictions as long as the DOR is in effect. 36 units are restricted at 40% of Maximum Income by Household Size derived from the California Tax Credit Allocation Committee per HCD: 1 BR: 14 Units 2 BR: 13 Units 3 BR: 9 Units Total: 36 Units The 24 PBV supported units will come from the 40% AMI restricted pool. The 24 units will consist of seven 1BR, eight 2BR, and nine 3BR units. 14 units are restricted at the lower of 50% of Maximum Income by Household Size derived from the Unadjusted Area Median Income (AMI) for HUD Metro Fair Market Rent Area (HMFA) that contains San Francisco or 50% of Maximum Income by Household Size derived from the California Tax Credit Allocation Committee per HCD: Revised 9/25/17 Page 3 of 19

4 1 BR: 8 Units 2 BR: 5 Units 3 BR: 1 Unit Total: 14 Units 69 units are restricted at 50% of Maximum Income by Household Size derived from the California Tax Credit Allocation Committee per HCD: 1 BR: 31 Units 2 BR: 25 Units 3 BR: 13 Units Total: 69 Units C. UNIT SIZE/OCCUPANCY STANDARDS No more than two persons will be assigned to a bedroom. Households will be accommodated in accordance with the following occupancy standards: Minimum Maximum 1. One Bedroom 1 3 Two Bedroom 2 5 Three Bedroom The head of household must be 18 years of age or older, or an emancipated minor. 3. A Live-In Aide is allowed to live in the apartment due to a reasonable accommodation. D. TAX CREDIT STUDENT ELIGIBILITY RULE Management 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) or unborn child(ren) and such parents and the child(ren) are not dependents of another individual; 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 Revised 9/25/17 Page 4 of 19

5 considered a full-time student until January 1 st of the following year. II. MARKETING For Non SFHA Units Fair Housing Requirements The property enforces a marketing effort that attracts a broad cross-section of the eligible population without regard to race, color, religion, sex, disability, familial status, or national origin. Filling Vacant Units Whenever additional applicants are needed to fill available units, advertising will be carried out in accordance as indicated below. Race and Ethnic Data Reporting The property will offer all members of an applicant/tenant family the option of completing Form HUD H, Race and Ethnic Data Reporting Form. This form is used for gathering race and ethnic data in assisted housing programs. The form will be offered for completion at initial application or at lease signing. In-place tenants who have not completed the form will be offered the opportunity to complete the form. There is no penalty for persons who do not complete the form. The property will place a note in the file of any household member who chooses not to complete the form. Monitoring and Documenting Marketing Activities The property will monitor marketing efforts and document the results in writing. The documentation will be made available, upon request, for all marketing activities, to show consistency with affirmative fair housing marketing requirements and the approved plan for the program. This documentation will include copies of marketing materials, records of marketing activities conducted, and documentation of any special marketing activities conducted in accordance with the property s approved Marketing Plan. Advertising All advertising for this property includes either the HUD-approved Equal Housing Opportunity logo or slogan, or an equal housing statement. Visual advertising will depict members of protected classes, including individuals from both majority and minority groups. The Fair Housing Equal Housing Opportunity poster is in the leasing office or another conspicuous location in the building, and/or the Equal Housing Opportunity sign, slogan or statement can be seen from the street, so that it is readily apparent to all persons seeking housing. III. WAITING LISTS A. Two Waiting Lists will be maintained. One Waiting List ( A ) will be maintained for the 24 units supported by project-based rental assistance, and the other Waiting List ( B ) for the 95 unassisted units, are governed by Tax Credit program and local preferences only. The Waiting List ( A ) for the 24 projected-based rental assistance units will be maintained by the SFHA. The Waiting List ( B ) for the 95 un-assisted units will be maintained by Mercy Housing Management Group Property Management staff. The Waiting Lists will be maintained according to family size, the percentage of area median income the annual income is, type of unit for applicant households, and status in relation to preferences. The Waiting List for the 95 units will be closed after the building is 100% occupied. Management will have 500 applicants on the waiting list who are fully informed of its length and the policies/procedures for selecting individuals. On waiting list A, we are required to house up to 24 units set aside for persons on the SFHA waiting list. Waiting List B will be maintained and implemented in lottery rank order. Revised 9/25/17 Page 5 of 19

6 B. FILLING VACANT UNITS Standard Tax-Credit Units will be Leased based on the lottery waitlist. PBV applicants are selected from the SFHA Waiting List and offered units in the order required by our policies. 1. When a unit becomes available, Management will select the next applicant from the appropriate Waiting list A or B based on the unit size available, preferences established for the property (This property has preferences), and our screening policies. Management 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. Management must first lease vacant accessible units to current tenants, and then 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. IV. 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: Note: In the event a PBV household requests an accessible unit per a reasonable accommodation, and an accessible PBV subsidized unit is not available, the resident household can contact the SFHA to request an Emergency Referral. The SFHA staff will ask the household to gather appropriate documentation (as required in the Administrative Plan) in order to relocate to another site. SFHA Client Placement staff will work with the household to assure the household is placed in an accessible unit. 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 Revised 9/25/17 Page 6 of 19

7 be 18 years of age or older, or an emancipated minor, 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.) 6. If a non-physically disabled tenant is living in an accessible unit, and a disabled tenant or Waiting List applicant needs the special physical design features of that unit, the tenant must agree to move to a non-accessible unit at their own expense. Please review Accessible Unit for Disabled Lease Addendum. Transfer list(s) will be maintained by Unit Size and/or Type, i.e. 2BR Transfer List, or Wheelchair Accessible Unit or 2BR Wheelchair Accessible Unit, etc. Transfer list(s) resident names will be maintained in a date and time order. Depending upon the circumstances of the transfer, a tenant may be obligated to pay all costs associated with the move. However, if a tenant is transferred as a reasonable accommodation to a household member s disability, the tenant may also request the owner to pay the costs associated with the transfer, unless doing so would be an undue financial and administrative burden. V. POLICIES TO COMPLY WITH SECTION 504 OF THE REHABILITATION ACT OF 1973, THE FAIR HOUSING AMENDMENTS ACT OF 1988 AND TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, AGE DISCRIMINATION ACT OF 1975, AND EQUAL ACCESS TO HOUSING IN HUD PROGRAMS: A. 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 structural 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. 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 structural 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 Revised 9/25/17 Page 7 of 19

8 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 Uniform Federal Accessibility Standards (UFAS). 1. Units 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. Units designed for individuals with a hearing or vision impairment: 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. The Fair Housing Act prohibits discrimination in housing and housing-related transactions based on race, color, religion, sex, national origin, disability, or familial status. It applies to housing, regardless of the presence of federal financial assistance. C. 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. D. Age Discrimination Act of 1975 prohibits discrimination based upon age in federally assisted and funded program, except in limited circumstances.. Protections Provided Based on Sexual Orientation, Gender Identity or Marital Status: Equal Access to Housing in HUD Programs Regardless of Sexual Orientation, Gender Identity (including Gender Expression) 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 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; Revised 9/25/17 Page 8 of 19

9 [v] [vi] [b] [c] A displaced family; and The remaining member of a tenant family. The term gender identity means actual or perceived gender-related characteristics. 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. Note: 24 units at Transbay Block 7 are receiving HUD subsidy through the San Francisco Housing Authority. 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 /or 711; Fax ; 504adacoordinator@mercyhousing.org. VI. VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2013 (VAWA): A. Protections. VAWA protections apply to individuals and families applying for or residing in housing governed by the project-based Section 8 program, various HUD programs, and other affordable housing programs. The law protects 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 on the basis that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault or stalking if the applicant or tenant otherwise qualifies for admission, assistance, participation or occupancy. VAWA also provides 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. If permitted by applicable law, including, but not limited to Article 49 of the San Francisco Police Code Procedures for Considering Arrests or Convictions and Related Information in Employment and Housing Decisions commonly referred to as the Fair Chance Ordinance ( FCO ), the Owner/Agent (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, with Regional Vice President approval. VAWA ensures that victims are not denied housing and housing assistance solely because the person is a victim of a VAWA crime or incident; however, being a victim of a VAWA crime or incident is not reason to change the eligibility or applicant screening requirements set forth in the Resident Selection Plan, unless such requirements interfere with protections provided under VAWA. For example: Mercy Housing may waive the requirement to review landlord history if the victim has provided necessary documentation to certify their status as a victim and if contacting a previous landlord would put the applicant s location at risk of exposure to the accused perpetrator. B. Definitions. The following definitions are provided as assistance in understanding and Revised 9/25/17 Page 9 of 19

10 implementing 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 shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person s acts under the domestic or family violence laws of the jurisdiction. - 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 nonconsuensual sexual act proscribed by Federal, tribal or State law, including when the victim lacks capacity to consent. - Stalking means engaging in a course of conduct directed at a specific person that would case a reasonable person to (1) fear for theperson s indidviual safety or the safety of others, or (2) suffer substantial emotional distress. - Affiliated Individual means, with respect to a person: (a) a spouse, parent, brother, sister, or child of that person, or an individual to whom that person stands in the place of a parent to a child (for example, the affiliated person is a child in the care, custody, or control of that individual); 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, subject to the permissibility of such process under the requirements of the applicable program and State or local law, such that certain tenants or lawful occupants can be evicted or removed while the remaining household members can continue to reside in the unit under the same lease requirements or as may be revised depending upon the eligibility for continued occupancy of the remaining teannts and lawful occupants. C. Protections for Victims or Survivors of Domestic Violence, Dating Violence, Sexual Assault, or Stalking. The law offers the following protections against eviction or denial of housing based on domestic violence, dating violence, sexual assault, or stalking: 1. An applicant s or program participant s status as a victim or survivor of domestic violence, dating violence, sexual assault, or stalking is not a basis for denial of rental assistance or for denial of admission, if the applicant otherwise qualifies for assistance or admission. 2. An incident or incidents of actual or threatened domestic violence, dating violence, sexual assault, or stalking will not be construed as serious or repeated violations of the lease or other good cause for terminating the assistance, tenancy, or occupancy rights of a victim or survivor of abuse. Revised 9/25/17 Page 10 of 19

11 3. Criminal activity directly related to domestic violence, dating violence, sexual assault, or stalking, engaged in by a member of a tenant s household or any guest or other person under the tenant s control, shall not be cause for termination of assistance, tenancy, or occupancy rights of the victim or survivor of the criminal acts. 4. Assistance may be terminated or a lease bifurcated in order to remove an offending household member from the home. Whether or not the individual is a signatory to the lease and lawful tenant, if he/she engages in physical violence against family members or others, he/she stands to be evicted, removed, or have his/her occupancy rights terminated. This action is taken while allowing the victim or survivor, who is a tenant or a lawful occupant, to remain. Decisions to bifurcate a lease or evict a tenant under VAWA will be made consistent with the requirements of the FCO, including, but not limited to, Sections 4907(f) and (g). 5. The provisions protecting victims or survivors of domestic violence, dating violence, sexual assault, or stalking engaged in by a member of the household, may not be construed to limit the O/A, when notified, from honoring various court orders issued to either protect the victim or survivor or address the distribution of property in case a family breaks up. 6. The authority to evict or terminate assistance is not limited with respect to a victim or survivor that commits unrelated criminal activity. Furthermore, if an O/A can show an actual and imminent threat to other tenants or those employed at or providing service to the property if an unlawful tenant s residency is not terminated, then evicting a victim or survivor is an option, VAWA notwithstanding. Ultimately, O/As may not subject victims or survivors to more demanding standards than other tenants. 7. VAWA protections shall not supersede any provision of any federal, state, or local law that provides greater protection for victims or survivors of domestic violence, dating violence, sexual assault, or stalking. The laws offering greater protection are applied in instances of domestic violence, dating violence, sexual assault, or stalking. D. Confidentiality. The Notice of Occupancy Rights under the Violence Against Women Act provides notice to the resident/applicant of the confidentiality of information about a person seeking to exercise VAWA protections and the limits thereof. The identity of the victim and all information provided to the O/A relating to the incident(s) of abuse covered under VAWA will be retained in confidence. Information will not be entered into any shared database nor provided to a related entity, except to the extent that the disclosure is: 1. Requested or consented to by the victim in writing; or 2. Required for use in an eviction proceeding or termination of assistance; or 3. Otherwise required by applicable law. Mercy Housing will retain all documentation relating to an individual s domestic violence, dating violence, sexual assault and/or stalking in a separate file that is kept in a separate secure location from other applicant or resident files. E. Certification. 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 Revised 9/25/17 Page 11 of 19

12 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 VAWA certification form. Alternatively, 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 under penalty of perjury (28 U.S.C. 1746) to his/her belief that the incident in question represents bona fide abuse, and the victim or survivor of domestic violence, dating violence, sexual assault, or stalking has signed or attested to the documentation. Such information may not be sufficient to bifurcate a lease or evict a household member under the FCO and O/A will comply with all applicable laws when making decisions to terminate a tenancy or take other action against a household member under VAWA. The victim is not required to name his/her accused perpetrator if doing so would result in imminent threat or if the victim does not know the name of his/her accused perpetrator. F. Tenants Rights and Responsibilities. Tenants and family members of tenants who are victims or survivors of domestic violence, dating violence, sexual assault, or stalking are protected by VAWA from being evicted or from housing assistance being terminated because of the acts of violence against them. If requested, tenants are required to submit to the O/A, a completed Certification of Domestic Violence, Dating Violence or Stalking, Form HUD (currently, a new Certification form is in use until HUD notification), or other supporting documentation as described in E., above, within 14 business days of the O/A s request, or any extension of that date provided by the O/A. If the certification or other supporting documentation is not provided within the specified timeframe, the landlord may begin eviction proceedings. If the tenant has sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking from a federal, state, tribal, territorial jurisdiction, local police or court, the tenant may submit written proof of this outreach. 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 VAWA. Of paramount consideration within VAWA is that the landlord may not hold the victim or survivor to a more demanding standard than other tenants. Victims are encouraged to seek police/legal protection from their accused perpetrator. In some cases, Management may file a restraining order against the accused perpetrator to prevent the accused perpetrator from entering the property. VII. 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: Revised 9/25/17 Page 12 of 19

13 (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. 2. Units designed for individuals with a hearing or vision impairment: 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: - Confirm preference stated on application; - Clarify all 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 apply to the Tax Credit and PBV programs), and all assets, including bank accounts; - Make copies of photo identification, i.e. Driver s License or state I.D. card, passport, travel visa, 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; and, - Answer any questions the applicant may have. C. Applicant Screening: Application Fee A $25.00 Application Fee paid by Money Order, is required for all adults 18 years or older that will reside in the apartment. Application Fee is not required at the submission of the application. Application Fee is required at the time of the interview. PBV Units will not be required to pay an application fee, but will be required to be screened when unit becomes available. It is the policy of Mercy Housing Management Group to deny admission to applicants whose documented past practices may directly 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 rent paying habits and credit records, prior history as a tenant and criminal records. Following is a description of each of these factors and the method of verification to be employed: Rent Paying Habits, Responsible Tenancy History, Behavior and Conduct Revised 9/25/17 Page 13 of 19

14 Staff will request credit histories on each adult member of each applicant household and will request any/all documented lease violations from the applicant's current landlord and former landlords for the past two (2) years. Documented examples of rent paying history, disturbance of neighbors, destruction of property, that would pose a threat to other residents will inform the leasing agent about past performance meeting rental obligations. If Staff receives any negative information from a former landlord with documented proof of a lease, code or house rules violation(s), the application may be rejected. Mitigating Circumstances will be taken into consideration. Applicants who have failed to pay amounts due or failed to reach a satisfactory agreement to pay those amounts will also be considered ineligible. Mitigating circumstances will be considered. It is the applicant s responsibility to demonstrate utilities can be put in their name. Applicants who cannot have utilities put in their name may be considered ineligible. Management will initiate an eviction history and credit report. The applicant shall be notified of such action in advance. Applicants over 18 years of age will be charged $25.00 for the credit and criminal records reports. Applicants to properties with HUD rental subsidies will not be charged for the reports. 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. A comparable unit will be held while the applicant is going through the appeals process. Any currently open bankruptcy proceeding of any of the household members may be considered a disqualifying condition. Mitigating Circumstances will be reviewed by Regional Vice President upon request of applicant. Gross Rent as Percentage of Gross Income 1. To protect the project from rent loss and rent delinquency, persons spending more than 50% of the household's combined monthly income for rent may not be accepted. Those household members listed on the application must be the same as those who have contributed to a household s history of paying more than 50% of gross household income for rent. 2. Current documentation of ability to pay higher rent above 50% must be within the past twelve months for a period of no less than eight (8) months. Suitable documentation shall include the following: cancelled checks, rent receipts or mortgage statements, lease agreement, and landlord verification. 3. All income must be verified by management. 4. For determining Gross Rent as Percentage of Gross Income, Gross Rent shall be calculated using Tenant Rent plus Utility Allowance. If there is no Utility Allowance, Tenant Rent shall be considered Gross Rent. Criminal Records Check and Eviction Check Mercy Housing Management will hire a contractor (currently Credit Retriever, which can be contacted at to run a credit check and criminal background check on all applicants, but only after the leasing agent has determined that the applicant is legally eligible to Revised 9/25/17 Page 14 of 19

15 rent the unit and meets management s rental and/or credit history requirements. In using the Background Check Report, management will conduct an individualized assessment of the application and only consider Directly-Related Convictions and Unresolved Arrests (as those terms are defined in San Francisco Police Code 4901), the time elapsed since the Directly-Related Convictions and Unresolved Arrests, evidence of any inaccuracy in the Background Check Report, Evidence of Rehabilitation (as define in San Francisco Police Code 4901) and Other Mitigating Factors (as defined in San Francisco Police Code 4901). Criminal records check and assessment will adhere to Fair Chance Ordinance (FCO) Article 49 San Francisco Police Code Protections for People with Prior Arrests or Conviction Records. An MHMG staff person who has no authority over the applications for review, approval or denial will obtain the criminal record upon provisional approval of the application. Each report request and response will be time and date stamped via or via hand stamped to ensure review was completed after the provisional approval of the application. Under the Fair Chance Ordinance (FCO), the applicant has the right to the following: 1. All other qualifications for affordable housing will be decided BEFORE the housing provider knows anything about prior arrest or conviction record. The housing provider may run a criminal history report at the same time as a rental or credit history but will not look at it prior to determining the applicant is qualified. 2. The housing provider will not ask the applicant about a prior record through a rental application form. 3. The applicant will be provided with a copy of FCO notice before the housing provider runs the background report. 4. The following six off-limits categories will not be requested or considered on the criminal records check: arrests that did not result in conviction participation in a diversion or deferral judgment program expunged, judicially dismissed, invalidated or otherwise inoperative convictions juvenile record a conviction more than 7 years old an infraction 5. Each record will be assessed individually, in which only the directly-related convictions and unresolved arrests in the record are considered. In considering whether a conviction / unresolved arrest is directly-related, the housing provider shall look at whether the conduct has a direct and specific negative bearing on the safety of persons or property, given the nature of the housing, whether the housing offers the opportunity for the same/similar offense to occur, whether circumstances leading to the conduct will recur in the housing, and whether supportive services that might reduce the likelihood of a recurrence are available onsite. 6. The applicant will be provided with a copy of the background report and told which conviction or unresolved arrest is the basis for the potential denial. The applicant will have Revised 9/25/17 Page 15 of 19

16 14 days to respond orally or in writing to show that there shouldn t be a denial. The applicant can respond by: Pointing out any inaccuracies in the report. Providing evidence of rehabilitation. Evidence of rehabilitation include satisfying parole/probation, receiving education/training, participating in alcohol or drug treatment programs, letters of recommendation, age at the time of conviction. Explaining any mitigating factors about the circumstances of the conviction. (Mitigating factors include physical or emotional abuse, coercion, untreated abuse/mental illness that led to the conviction). The applicant has a right to call the Human Rights Commission to understand their rights or file a complaint (within 60 days of violation) without any negative action or retaliation taken against the applicant by the Housing Provider. For more information, contact the Human Rights Commission at (415) or hrc.info@sfgov.org. Fair Chance Ordinance FCO is only applicable where the law is not in conflict with Federal or State law. If there is a conflict, Federal or State laws will supersede the FCO. The decision will be made at the discretion of the Regional Vice President and/or Compliance Supervisor. VIII. DENIED APPLICATIONS 1. A background criminal reference check is conducted to determine that applicants and/or members of an applicant s household have: No record of felony convictions within the past three (3) years; No record of disqualifying misdemeanor convictions within the past one (1) year; No record of non-violent convictions within the past two (2) years; No record of two (2) misdemeanor convictions within the past three (3) years; No record of two (2) felony convictions within the past five (5) years; No record of criminal sexual convictions, including being subject to a nationwide sex offender lifetime registration; No record of terrorist convictions; No record of felony arson convictions. 2. Applicants may be denied for any of the following: (a) (b) (c) Failure to present all members of the family at the full family interview, except for hospitalization, medical reasons, emergency, etc., (or some other time acceptable to management) prior to completion of Initial Certification; Documented blatant disrespect or disruptive behavior toward management, the property or other residents exhibited by an applicant or family member any time prior to move-in (or a documented history of such behavior); Documented negative landlord reference, examples of rent paying history, disturbance of neighbors, destruction of property, or living or housekeeping habits that would pose a threat to other residents will inform the leasing agent abut past performance meeting rental obligations. Receipt of any negative information from a former landlord with documented proof of a lease, code or house rules violation(s), the application may be rejected. Revised 9/25/17 Page 16 of 19