825 R.I. Code R. 825-RICR-40-00-1.3

Current through December 26, 2024

Section 825-RICR-40-00-1.3 - RESIDENT SELECTION PROCESS

A. General. Applicable statutes and HUD regulations dictate that different resident selection policies and procedures be employed for Pre-October 1, 1981 and Post-October 1, 1981 Projects. This section outlines the resident selection process to be used for each type of project.

B. Post-October 1, 1981 Projects

1. General. At the present time applicable statutes and HUD regulations exclusively limit admission to Post-October 1, 1981 projects to very low-income applicants.

2. Applicants will be selected for admission from the waiting lists in the following manner:

a. Applicants will be selected from the very low-income preference list in the order of the official date of application.

b. If there are no applicants on the very low-income preference list, or if there are no preferences and this list does not exist, applicants will be selected from the very low-income non-preference list in the order of the official date of application.

c. If there are no applicants on either of the very low-income lists, applicants will be selected from the lower income list in the order of the official date of application.

d. If there are no applicants on the lower income preference list, or if there are no preferences and this list does not exist, applicants will be selected from the lower income non-preference list in the order of the official date of application.

e. In the event that HUD shall determine that some lower income applicants may be selected before very low-income applicants, such as by granting limited waivers of the 100% very low-income requirement, applicants will be selected from the lower income list in the order of the date of the official date of application.

f. No consideration may be given to the relative incomes of applicants in making any selection from any waiting list, i.e., no applicant may receive a preference for admission due to higher income that any other applicant.

C. Pre-October 1, 1981 Projects. Applicants will be selected for admission from the waiting lists for pre-October 1, 1981 Projects in the following manner:

1. For apartments of each bedroom size, the first three available apartments will be filled from the very low-income preference list, or, if no such applicant exists, from the very low-income non-preference list. Applicants will be selected in the order of the official date of application.

2. Every fourth available apartment for each bedroom size will be filled from the lower income preference list or, if no such applicant exists, from the lower income non-preference list. Applicants will be selected in the order of the official date of application.

3. The next three tenant selections will then be followed by one selection from the lower income lists. Applicants will be selected in the order of the official date of application. The selection process will thereafter continue in the same fashion.

4. In the event that there are no eligible applicants on the very low-income waiting lists, applicants may be selected from the lower income waiting lists as if the selections had been made from the former. Similarly, selections shall be made from the very low-income waiting lists in the event that there are no applicants on the lower income waiting lists. Applicants will be selected in the order of the official date of application.

5. Except to the extent permitted above, no consideration may be given to the relative incomes of applicants in selecting applicants for admission to the project, i.e., no applicant may receive a preference for admission due to higher income than any other applicant.

D. Limited Discretion/Pre-October 1, 1981 Projects. With respect to selection of applicants from lower income waiting lists, as described above, owners or managing agents will be permitted to exercise limited discretion to admit applicants to the project who are otherwise eligible for admission to the project but are not first on the appropriate waiting list. The following conditions apply to the exercise of this limited discretion:

1. This discretion may not be exercised for more than 10% of the families receiving apartments.

2. This discretion may be exercised only in cases of extreme hardship or exceptional circumstances involving an actual and immediate need for such housing which reasonable justifies such selection.

3. In all cases where an owner or managing agent shall seek to exercise this discretion to select a tenant pursuant to this section, the owner or managing agent shall be required to send a letter to RIHMFC stating:

a. The name of the proposed tenant;

b. The date of proposed initial occupancy and the number of the available apartment;

c. The official date of application and current place on the waiting list.

d. Whether the tenant was in the very low-income or lower income category.

e. Certification that the tenant otherwise satisfies the criteria for Section 8 housing; and

f. In detail, the exceptional circumstances justifying preferential admission of the tenant to the project.

4. RIHMFC may deny any request for preferential admission under this section if, in its opinion, the reasons advanced by the owner or managing agent to justify admission of the tenant do not meet the requirements of this section.

5. If RIHMFC decides to disallow the request for preferential admission, it will so notify the owner or managing agent within 14 days of the date of RIHMFC's receipt of the request. If RIHMFC does not deny the request within 14 days of receipt of the request, the request is deemed to be granted and the applicant may be admitted to the project.

6. Any admissions pursuant to this subsection must be noted on the appropriate waiting list in accordance with §1.2.5(E) of this Part.

E. Affirmative Fair Marketing and Tenant Selection. RIHMFC is committed to ensuring that all state agency Section 8 's are providing open housing opportunities for persons of all races and colors, are in compliance with the Fair Housing Act, and are meeting the goals set forth in the development's current Affirmative Fair Housing Marketing Plan (AFHMP). The following provisions are intended to ensure that these objectives are being met:

1. For purposes of this subsection, the following definitions shall apply:

a. Minority means a Black, Hispanic, Asian, Pacific Islander, American Indian or Alaskan Native tenant or applicant.

b. Minority Occupancy Rate means the total number of units at a state agency Section 8 occupied by minority tenants.

2. RIHMFC will continue to monitor, through the regular monthly reports of tenant profiles submitted by owners or managing agents, as well as other information made available to RIHMFC, the minority occupancy rate of each state agency Section 8.

3. If RIHMFC determines that the minority occupancy rate of a state agency Section 8 is less than fifty (50%) percent of the anticipated minority occupancy rate as set forth in the current AFHMP, RIHMFC will notify the owner or managing agent of the project in writing of its finding and of RIHMFC's intention to apply the supplemental tenant selection procedures described in § 1.3(E)(6) of this Part, below.

4. The owner or managing agent of a state agency Section 8 which received such a written notice may respond to RIHMFC's notice within twenty (20) days of the date of receipt of the notice.

5. If the owner or managing agent of the state agency Section 8 does not respond to RIHMFC's notice, or based upon the information available to RIHMFC and notwithstanding the owner's or managing agent's response RIHMFC concludes that application of regular resident selection procedures will not result within thirty (30) days thereafter in a minority occupancy rate of at least fifty (50%) percent of the anticipated minority occupancy rate as set forth in the current AFMHP, RIHMFC shall notify the owner or managing agent in writing of its finding and shall order the owner or managing agent to implement the supplemental tenant selection procedures contained in § 1.3(E)(6) of this Part, below.

6. Supplemental Tenant Selection Procedures. The first applicant selected for admission for the first available apartment for each bedroom size following the imposition of the supplemental tenant selection procedures shall be a minority applicant, if there is an eligible minority applicant on the appropriate waiting list at that time. Thereafter, every second applicant selected for admission for each bedroom size shall be a minority applicant, if there is a minority applicant for that bedroom size.

7. Minority applicants selected pursuant to this subsection shall be chosen from the appropriate waiting list in chronological order based on official date of application. No consideration may be given to the relative incomes of applicants in making any selection from among minority applicants for admission under this section, i.e., no applicant may receive a preference for admission due to higher income than any other applicant.

8. Any admissions pursuant to this subsection must be noted on the appropriate waiting list in accordance with §1.2.5(E) of this Part.

9. The supplemental tenant selection procedures set forth in § 1.3(E)(6) of this Part, above, shall be employed until the regular monthly reports of tenant profiles or other information made available to RIHMFC shows that the minority occupancy rate has reached or exceeded fifty (50%) percent of the anticipated minority occupancy rate as set forth in the current AFHMP.

10. Apartments provided to applicants selected for admission under this subsection shall not be considered "available apartments" under §§ 1.3(B) and (C) of this Part, and shall not be included in selection calculations required to be made under those sections.

11. Owners and managers of Section 8 developments may request amendment of the current AFHMP. Any amendment of the AFHMP must be approved by RIHMFC and HUD in order to become effective.

F. Handicapped Housing. RIHMFC is committed to ensuring that housing designed for handicapped individuals will continue to be provided in state agency financed Section 8 's. All admissions to handicapped housing units will be excluded from the provisions of §§ 1.3(A) through (C) of this Part; instead, handicapped applicants will be selected from among all handicapped applicants for handicapped housing units on a first-come, first-served basis, in the order of the official date of application. In any development where a certain number of units, whether specifically designed or not, are set aside for handicapped applicants, this subsection shall apply and the current HUD definitions of "handicapped" and/or "disable" shall be applicable.

G. Superintendent Units. For each state agency financed Section 8, the owner or managing agent may receive from HUD permission to set aside one unit for a superintendent or maintenance person. For any project which received authorization for such a unit and uses that unit for its designated purpose, that unit shall be excluded from the provisions of this Plan.

H. Ladd School and Mental Health Programs. RIHMFC is committed to ensuring that existing housing units provided by certain state agency financed Section 8 's for individuals referred by the Ladd School and the Rhode Island Department of Mental Health, Retardation and Hospitals will continue to be provided to such individuals. All admissions to such existing housing units for the Ladd School and the Department of Mental Health, Retardation and Hospitals will be excluded from the provisions of §§ 1.3(A) through (C) of this Part; instead, such admissions will be handled on the same basis that they have been to date, in accordance with the existing agreement. Those units currently involved in these two programs are identified in a separate stipulation filed in this case. Proposals to add or subtract units involved in the two programs will be submitted in advance to RIHMFC and to counsel for plaintiffs.

825 R.I. Code R. 825-RICR-40-00-1.3