§ 4-58Due dates; payments.
§ 4-59Flat rents.
§ 4-60Minimum rent.
§ 4-61Rent under the noncitizen rule.
§ 4-62Repayment agreements.
Rent and charges are due and payable on the first day of each month.
Rent should be paid at the development in which the tenant resides. A reasonable accommodation can be made regarding this requirement for a person with a disability.
If the rent is not paid by the fifth of the month, a "fourteen-day notice of intent to terminate tenancy for nonpayment of rent and notice of grievance rights" will be issued to the tenant. If the tenant fails to comply with this notice, a "five-day demand notice for nonpayment of rent" will be issued. If the tenant fails to comply with the second notice, a court action may follow. In addition, a fifteen-dollar late charge may be assessed to the tenant.
Cash will not be accepted. If a personal check is returned for insufficient funds, this shall be considered a nonpayment of rent. The resident will incur the late charge plus an additional charge of $15 for processing costs and may be required to pay rent with a money order.
Family choice. Once each year, at the annual recertification, all residents are offered the choice of paying an income-based rent or the flat rent. The flat rent represents the actual market value of the housing unit.
Setting flat rents.
Flat rents will be set according to unit size as posted for the area on the HUD Fair Market Rent Schedule (FMR). These rents are determined according to an analysis of the size, location, quality, age, and type of unassisted housing units in the WHA's jurisdiction, as well as the services, amenities, maintenance, and utilities provided.
The WHA shall review the Rent Reasonableness Schedule annually and adjust the flat rents as needed. Adjustments are applied on the anniversary date for each flat-rent family (rather than when the Flat Rent Schedule is adjusted). Affected families will be given a thirty-day notice of any rent change.
Recertification of income. The WHA shall recertify the income of families paying flat rents every three years, rather than annually. However, the WHA must conduct annual reexaminations of family composition, community service, and other criteria related to continued occupancy.
Utility reimbursements. If the family chooses to pay a flat rent, the WHA does not pay any utility reimbursement.
Hardship. A family paying the flat rent may at any time request a switch to income-based rents if the family is unable to pay the flat rent due to a financial hardship, as defined in § 4-60B of this article. The WHA will verify the existence and nature of the hardship. A family may utilize the grievance procedure to appeal a WHA hardship determination.
The WHA has set a minimum rent of $50.
Hardship exemptions.
If the family requests a hardship exemption, the WHA will immediately suspend the minimum rent for the family until the existence and nature of the hardship can be verified.
A hardship exists in the following circumstances:
The family has lost eligibility for or is awaiting an eligibility determination for a federal, state or local assistance program;
The family would be evicted as a result of the imposition of the minimum rent requirement;
The family's income has decreased due to changed circumstances, including the loss of employment;
The family's expenses for medical costs, child care, transportation, education, or similar items have increased due to changed circumstances; or
A death has occurred in the family.
If the WHA determines there is no qualifying hardship, the minimum rent will be reinstated. The family will be required to pay minimum rent backpayments for the time of suspension.
If the WHA determines there is a qualifying hardship of a temporary nature, the minimum rent will not be imposed for a period of 90 days from the date of the family's request. At the end of this ninety-day period, the minimum rent will be imposed retroactively to the time of suspension, and the WHA will offer a repayment agreement for the rent owed. During the suspension period, the WHA will not evict the family for nonpayment of the rent owed for the suspension period.
If the WHA determines there is a long-term hardship, the family will be exempt from the minimum rent requirement until the hardship no longer exists.
A family may utilize the grievance procedure to appeal a WHA hardship determination. No escrow deposit will be required in order to do so.
Mixed families, or families containing members with both citizenship/eligible immigrant status members and ineligible noncitizen members, may be eligible for one of three types of assistance:
Continued assistance. A mixed family will receive full continuation of assistance if all of the following conditions are met:
The family was receiving assistance on June 19, 1995;
The family was granted continuation of assistance before November 29, 1996;
The family's head or spouse has eligible immigration status; and
The family does not include any person who does not have eligible status other than the head of household, the spouse of the head of household, any parent of the head or spouse, or any child (under the age of 18) of the head or spouse.
Temporary deferral of termination of assistance.
If a mixed family qualifies for prorated assistance but decides not to accept it, or if the family has no members with eligible immigration status, the family may be eligible for temporary deferral of termination of assistance to provide the family additional time for the orderly transition of some or all of its members to other affordable housing.
Suitable housing means housing that is not substandard, is of appropriate size for the family, and can be rented for an amount not exceeding the amount that the family pays for rent, including utilities, plus 25%.
Under this provision the family receives full assistance. If assistance is granted under this provision prior to November 29, 1996, it may last no longer than three years. If granted after that date, the maximum period of time for assistance under the provision is 18 months. The WHA will grant each family a period of six months to find suitable affordable housing. If the family cannot find suitable housing, the WHA will provide additional search periods up to the maximum time allowable.
A family who is eligible for and receives temporary deferral of termination of assistance may request prorating of assistance at the end of the deferral period if the family has made a good faith effort during the deferral period to locate other affordable housing.
Prorated assistance. A mixed family who is not receiving continued assistance or who is not eligible for or does not request temporary deferral of termination of assistance may request prorated assistance. The WHA shall prorate the family's assistance in the following manner:
Determine the family's total tenant payment. (For the purposes of this determination, annual income includes the income of all family members, including any family member who has not established eligible immigration status.)
Subtract the total tenant payment from the maximum rent. (The maximum rent is determined using the 95th percentile rent for the WHA.) The result is the maximum subsidy for which the family could qualify if all members were eligible.
Divide the family maximum subsidy by the number of family members. This determines the maximum subsidy per eligible family member.
Multiply the maximum subsidy per family member by the number of family members who have citizenship or eligible immigration status. This yields the prorated maximum subsidy for which the family is eligible.
Subtract the prorated subsidy from the maximum rent to find the prorated total tenant payment. Subtract the full utility allowance from the prorated total tenant payment to obtain the prorated tenant rent.
A resident who owes back charges and is unable to pay the balance by the due date may request to enter into a repayment agreement.
The WHA has the sole discretion of whether to accept such a request. Repayment agreements assure that the full balance is paid within a period not to exceed 12 months, with exceptions for good cause provided at the discretion of the WHA. All repayment agreements must be made in writing and signed by both parties. A resident who fails to comply with the repayment agreement terms is subject to eviction procedures.
Repayment agreements will be put in place for minimum-rent tenants who have had their rent abated for a temporary period.
