Section 825-RICR-40-00-1.1 - GENERAL PROVISIONS1.1.1PURPOSEThe purpose of this Resident Selection Plan is to establish uniform application, waiting list and tenant selection policies, practices and procedures to be used in the administration of all Section 8 projects constructed or substantially rehabilitated under permanent financing provided by Rhode Island Housing and Mortgage Finance Corporation ("RIHMFC")
1.1.2AUTHORITYPursuant to its contract with the United States Department of Housing and Urban Development ("HUD"), RIHMFC is responsible for supervision of the development and management functions of managing agents and owners of Section 8 projects constructed or substantially rehabilitated under permanent financing provided by RIHMFC ("state agency financed Section 8 's"). In addition, Rhode Island law provides that RIHMFC must approve the resident selection plan for each state agency financed Section 8 and further provides that RIHMFC may publish regulations governing the terms of such resident selection plans. This Resident Selection Plan is issued as a RIHMFC regulation pursuant to the authority conferred by R.I. Gen. Laws § 42-55-11 (1984 Reenactment).
1.1.3APPLICABILITYThis Resident Selection Plan applies to all state agency financed Section 8 's from and after January 1, 1986.
1.1.4DEFINITIONSA. Official Date of Application, means the date upon which the owner or managing agent of a state agency financed Section 8 is aware of receipt or physical possession of a completed application for admission. An application is complete when it contains all legally required information. The date of receipt of the application shall be presumed to be the date stamped on the receipt provided to the applicant.B. Updated Waiting List, means the complete re-posting on a monthly basis of a waiting list showing the names of applicants in current proper order. Applicants who have received an apartment within the past month shall be deleted from the list.C. Revised Waiting List, means a posted waiting list with notations added, between monthly updates, which shall include notations showing which applicants on the updated waiting lists have received an apartment. Notations showing that an applicant has received an apartment must include the date of admission to the project and the preferential basis for admission, if applicable.D. Lower Income Applicant, means a person or family whose total Annual Income is between 50 percent and 80 percent of the median income for the area, as determined by HUD, or such other person as satisfies HUD's regulations defining "lower income". RIHMFC will inform owners and managing agents of state agency financed Section 8 's of current area median income figures at least annually, and within a reasonable time after HUD announces any changes in these figures.E. Very Low-Income Applicant, means a person or family whose total Annual Income does not exceed 50 percent of the median income for the area, as determined by HUD, or such other person as satisfies HUD's regulations defining "very low income". RIHMFC will inform owners and managing agents of state agency financed Section 8 's of current area median income figures at least annually, and within a reasonable time after HUD announces any changes in these figures.F. Post-October 1, 1981 Project, means any state agency financed Section 8 which first became available for occupancy on or after October 1, 1981.G. Pre-October 1, 1981 Project, means any state agency financed Section 8 which first became available for occupancy prior to October 1, 1981.825 R.I. Code R. 825-RICR-40-00-1.1