§ 26-40Introduction.
§ 26-41Waiting list. [24 CFR 982.204]
§ 26-42Special admissions. [24 CFR 982.54(d)(e), 982.203]
§ 26-43Local preferences. [24 CFR 982.207]
§ 26-44Treatment of single applicants.
§ 26-45Income targeting.
§ 26-46Initial determination of local preference qualification. [24
CFR 982.207]
§ 26-47Exceptions for special admissions. [24 CFR 982.203, 982.54(d)(3)]
§ 26-48Targeted funding. [24 CFR 982.203]
§ 26-49Preference and income-targeting eligibility. [24 CFR 982.207]
§ 26-50Order of selection. [24 CFR 982.207(e)]
§ 26-51Final verification of preferences. [24 CFR 982.207]
§ 26-52Preference denial. [24 CFR 982.207]
§ 26-53Removal from waiting list and purging. [24 CFR 982.204(c)]
It is the WHA's objective to ensure that families are placed in the proper order on the waiting list and selected from the waiting list for admissions in accordance with the policies in this article.
By maintaining an accurate waiting list, the WHA will be able to perform the activities which ensure that an adequate pool of qualified applicants will be available so that program funds are used in a timely manner.
The WHA uses a single waiting list for admission to its Section 8 tenant-based assistance program.
Except for special admissions, applicants will be selected from the WHA waiting list in accordance with policies and preferences and income-targeting requirements defined in this article.
The Woonsocket Housing Authority may waive Section 8 waiting list regulations and issue a voucher to an applicant whose safety could be in jeopardy as a result of being subject to domestic assault, dating violence, sexual assault, stalking, instances of retribution against witnesses to a crime or any other similar crimes of actual or threatened violence. Upon the request of an applicant for said Section 8 preference, the WHA shall be entitled to conduct its own inquiry as is reasonably necessary to verify the need for the Section 8 preference. All waivers and/or preferences will be granted at the sole discretion of the WHA and shall not set any precedent as to the granting of future waivers and/or preferences. In no way shall the granting or denial of waivers and/or preferences impose any claims of civil liability against the WHA by an applicant.
The WHA will maintain information that permits proper selection from the waiting list.
The waiting list contains the following information for each applicant listed:
If HUD awards a WHA program funding that is targeted for specifically named families, the WHA will admit these families under a special admission procedure.
Special admissions families will be admitted outside of the regular waiting list process. They do not have to qualify for any preferences, nor are they required to be on the program waiting list. The WHA maintains separate records of these admissions.
The following are examples of types of program funding that may be designated by HUD for families living in a specified unit:
A family displaced because of demolition or disposition of a public or Indian housing project;
A family residing in a multifamily rental housing project when HUD sells, forecloses or demolishes the project;
For housing covered by the Low Income Housing Preservation and Resident Homeownership Act of 1990;
A family residing in a project covered by a project-based Section 8 HAP contract at or near the end of the HAP contract term; and
A nonpurchasing family residing in a HOPE 1 or HOPE 2 project.
Applicants who are admitted under special admissions, rather than from the waiting list, are not maintained on separate lists.
The WHA uses the following local preference system:
Self-sufficiency preference for families who meet one of the following criteria:
Current enrollment in or recent graduate (less than 12 months) of a job readiness, job training, or educational program. The program must meet the standards for a job readiness, job training, or educational program as outlined in PIH Administrative Notice 98-2, which describes criteria for an accredited program. In general, programs funded by the United States Department of Labor or Job Training Partnership Act will be acceptable. A verification form will be sent to the program administrator and must be returned before the status is granted.
Working. A head of household must document employment of at least 20 hours per week for a period of at least one month. Heads of household over 62 years old or with a disability will be automatically granted this preference.
Participating in an AmeriCorps or other national service program. Proof of acceptance into a national service program must be provided.
Military service preference for current servicepersons, veterans, and surviving spouses of veterans: This preference applies to applicants whose head of household or co-head/spouse is a current United States serviceperson or an honorably discharged veteran.
A "current serviceperson" is defined as an individual who is an active member of a branch of the United States military, including the reserves or National Guard, and has served for at least 180 days.
A "veteran" shall be defined as an individual who has been honorably discharged from a branch of the United States military, including the reserves or National Guard. An honorable discharge must be evidenced by submission of a Department of Defense Form 214 (DD-214). Surviving spouses of an honorably discharged veteran are also eligible for the military service preference.
Displacement preference for households required to vacate housing as a result of:
A disaster (fire, flood, earthquake, etc.) that has caused the unit to be uninhabitable.
Federal, state or local government action related to code enforcement, public improvement or development.
A severe medical emergency for which lack of suitable housing is a contributing factor. Medical documentation from a primary care physician is required. The WHA reserves the right to obtain a second medical opinion should it not understand how the medical condition will be improved by the change in housing.
Nonaccessibility of a unit. Verification of a mobility impairment and a confirmatory site visit will be required.
Domestic violence within the past year. A restraining order or evidence of a shelter stay must be provided.
To avoid reprisals because the family was a victim of one or more hate crimes or provided information on criminal activities to a law enforcement agency and, after a threat assessment, the law enforcement agency recommends rehousing the family to avoid or reduce risk of violence against the family.
Action by a housing owner which is beyond an applicant's ability to control and which occurs despite the applicant's having met all previous conditions of occupancy and is other than a rent increase. For purposes of this definitional element, reasons for an applicant's having to vacate a housing unit include, but are not limited to:
Conversion of an applicant's housing unit to nonrental or nonresidential use;
Closure of an applicant's housing unit for rehabilitation or nonresidential use;
Notice to an applicant that he/she must vacate a unit because the owner wants the unit for the owner's personal or family use or occupancy;
Sale of a housing unit in which an applicant resides under an agreement that the unit must be vacant when possession is transferred; or
Any other legally authorized act that results, or will result, in the withdrawal by the owner of the unit or structure from the rental market.
Residency preference for applicants whose residence or employment is in the City of Woonsocket. Households who live, work, or have been hired to work in the City of Woonsocket receive the residency preference. For those individuals and families who have been displaced by any of the conditions described above, "residence" shall be defined as the most recent permanent residence.
Law enforcement (conventional family housing only). To qualify, the head of household, co-head, or spouse must presently be a full-time, duly licensed police officer who has been employed in said capacity for a period of at least six months.
Applicants paying more than 50% of income for rent. The head or co-head of the household is the leaseholder of an apartment and has been living in the apartment for longer than six months and is paying more than 50% of the family's current income for rent. Verification of this preference is rent receipts or information obtained from the landlord in the landlord report and verification of income.
Disabled veterans (conventional elderly/disabled housing only). In accordance with § 45-25-18.10 of Rhode Island General Law, individuals who were disabled while serving in the military or naval service of the United States during any conflict or war, whether declared or undeclared, and who were honorably discharged will be given preference in housing designed for the elderly.
Single applicants will be treated as any other eligible family on the waiting list.
In accordance with the Quality Housing and Work Responsibility Act of 1998, each fiscal year the WHA will reserve a minimum of 75% of its Section 8 new admissions for families whose income does not exceed 30% of the area median income. HUD refers to these families as "extremely low-income families." The WHA will admit families who qualify under the extremely low-income limit to meet the income-targeting requirement, regardless of preference.
The WHA's income-targeting requirement does not apply to low-income families continuously assisted as provided for under the 1937 Housing Act.
The WHA is also exempted from this requirement where the WHA is providing assistance to low-income or moderate-income families entitled to preservation assistance under the tenant-based program as a result of a mortgage prepayment or opt-out.
At the time of application, an applicant's entitlement to a local preference may be made on the following basis:
The WHA will verify all preference claims at the time they are made. The WHA will reverify a preference claim, if the WHA feels the family's circumstances have changed, at time of selection from the waiting list.
If the preference verification indicates that an applicant does not qualify for the preference, the applicant will be returned to the waiting list without the local preference and given an opportunity for a meeting.
If HUD awards a WHA program funding that is targeted for specifically named families, the WHA will admit these families under a special admissions procedure.
Special admissions families will be admitted outside of the regular waiting list process. They do not have to qualify for any preferences, nor are they required to be on the program waiting list. The WHA maintains separate records of these admissions.
The following are examples of types of program funding that may be designated by HUD for families living in a specified unit:
A family displaced because of demolition or disposition of a public or Indian housing project;
A family residing in a multifamily rental housing project when HUD sells, forecloses or demolishes the project;
For housing covered by the Low Income Housing Preservation and Resident Homeownership Act of 1990;
A family residing in a project covered by a project-based Section 8 HAP contract at or near the end of the HAP contract term; and
A nonpurchasing family residing in a HOPE 1 or HOPE 2 project.
When HUD awards special funding for certain family types, families who qualify are placed on the regular waiting list. When a specific type of funding becomes available, the waiting list is searched for the first available family meeting the targeted-funding criteria.
Change in circumstances.
Changes in an applicant's circumstances while on the waiting list may affect the family's entitlement to a preference. Applicants are required to notify the WHA in writing when their circumstances change.
When an applicant claims an additional preference, he/she will be placed on the waiting list in the appropriate order determined by the newly claimed preference.
If the family's verified annual income, at final eligibility determination, does not fall under the extremely low-income limit and the family was selected for income-targeting purposes before family(ies) with a higher preference, the family will be returned to the waiting list.
Cross-listing of different housing programs and Section 8. [24 CFR 982.205(a)]
The WHA will not merge its waiting lists. However, if the Section 8 waiting list is open when the applicant is placed on the public housing program or the project-based voucher or the moderate rehabilitation program waiting list, the WHA must offer to place the family on its tenant-based assistance list.
If the waiting list for the WHA's public housing program, project-based voucher program or moderate rehabilitation program is open at the time an applicant applies for Section 8, the WHA must offer to place the family on its waiting lists for the other programs.
Other housing assistance [24 CFR 982.205(b)]. "Other housing assistance" means a federal, state or local housing subsidy, as determined by HUD, including public housing.
The WHA may not take any of the following actions because an applicant has applied for, received, or refused other housing: [24 CFR 982.205(b)]
Refuse to list the applicant on the WHA waiting list for tenant-based assistance;
Deny any admission preference for which the applicant is currently qualified;
Change the applicant's place on the waiting list based on preference, date and time of application, or other factors affecting selection under the WHA selection policy; or
Remove the applicant from the waiting list.
However, the WHA may remove the applicant from the waiting list for tenant-based assistance if the WHA has offered the applicant assistance under the voucher program.
The WHA's method for selecting applicants from a preference category leaves a clear audit trail that can be used to verify that each applicant has been selected in accordance with the method specified in the administrative plan.
Local preferences. Local preferences will be used to select families from the waiting list. Each preference will receive an allocation of points. The more preference points an applicant has, the higher the applicant's place on the waiting list. The WHA has selected the following system to apply local preferences. Local preferences will be aggregated using the following system:
Applicants will be given one point per admission preference category when qualifying for the following preferences: self-sufficiency; military service; displacement; residency; or law enforcement (conventional family housing only). (For example, a family with an employed head of household and co-head enrolled in job training obtains one point. A family with an employed head of household who is also an honorably discharged veteran obtains two points.)
Applicants will be given a maximum of two points for possessing a verified preference for rent that is more than 50% of the family's current income.
Applicants will be given four points when qualifying for the following admission preference: disabled veterans (conventional elderly/disabled housing only).
Therefore, the maximum number of points a household can possess in the conventional family housing is seven. The maximum number of preference points a household can possess in the conventional elderly/disabled (high-rise) is 11.
Among applicants with equal preference status, the waiting list will be organized by date and time.
Preference information on applications will be updated as applicants are selected from the waiting list. At that time, the WHA will obtain and review necessary verifications of preference at the interview and by third-party verification.
If the WHA denies a preference, the WHA will notify the applicant in writing of the reasons why the preference was denied and offer the applicant an opportunity for a review with the Service Center Manager. If the preference denial is upheld as a result of the meeting, or the applicant does not request a meeting, the applicant will be placed on the waiting list without benefit of the preference. Applicants may exercise other rights if they believe they have been discriminated against.
If the applicant falsifies documents or makes false statements in order to qualify for any preference, he or she will be removed from the waiting list.
The waiting list will be purged every year by a mailing to all applicants to ensure that the waiting list is current and accurate. The mailing will ask for confirmation of continued interest.
Any mailings to the applicant which require a response will state that failure to respond within 10 days will result in the applicant's name being dropped from the waiting list.
An extension will be granted, if requested and needed, as a reasonable accommodation for a person with a disability.
If an applicant fails to respond to a mailing from the WHA, the applicant will be sent written notification and given 10 days to contact the WHA. If he or she fails to respond within 10 days, he/she will be removed from the waiting list.
If the applicant did not respond to the WHA request for information or updates because of a family member's disability, the WHA will reinstate the applicant in the family's former position on the waiting list.
If a letter is returned by the post office without a forwarding address, the applicant will be removed without further notice, and the envelope and letter will be maintained in the file.
If a letter is returned with a forwarding address, it will be re-mailed to the address indicated.
If an applicant is removed from the waiting list for failure to respond, he/she will not be entitled to reinstatement unless the Service Center Manager determines there were circumstances beyond the person's control.
Applicants are required to contact the WHA in writing annually to confirm their continued interest. The WHA will give written notification to all applicants who fail to respond at the required times. If they fail to respond to this notification, they will be removed from the waiting list.
The WHA allows a grace period of 30 days after completion of the purge. Applicants who respond during this grace period will be reinstated.
