ACOP - San Antonio Housing Authority
ACOP - San Antonio Housing Authority ACOP - San Antonio Housing Authority
vi. A Live-in Aide will be required to meet PHA’s screening requirements with respect to past behavior especially: 1. A record of disturbance of neighbors, destruction of property, or living or housekeeping habits at present or prior residences that may adversely affect the health, safety, or welfare of other tenants or neighbors; 2. Criminal activity such as crimes of physical violence to persons or property and other criminal acts including drug-related criminal activity that would adversely affect the health, safety, or welfare of other residents or staff or cause damage to the unit or the development; and 3. A record of eviction from housing or termination from residential programs. 53. Local Preference – A preference used by the Authority to select among applicant families without regard to their federal preference status. 54. Low-Income Household – A family whose annual income does not exceed 80 percent of the median income for the area as determined by HUD with adjustments for smaller and larger families [42 USC 1437a(b0] 55. Medical Expense Allowance – For purposes of calculating adjusted income for elderly or disabled families only, medical expenses mean the medical expense in excess of 3% of Annual Income, where these expenses are not compensated for or covered by insurance. (24 CFR § 5.603). 56. Minor – A minor is a person less than 18 years of age. An unborn child will not be considered as a minor. (See definition of dependent.) Some minors are permitted to execute contracts, provided a court declares them “emancipated”. 57. Mixed Family – A family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status. [24 CFR § 5.504]. 58. Mixed Population Development – A public housing development for elderly and disabled families. The PHA is not required to designate this type of development under the Extension Act. (PIH Notice 97-12) 59. Multifamily housing development – For purposes of Section 504, means a development containing five or more dwelling units. (24 CFR § 8.3) 60. Near-elderly family – A family whose head, spouse, or sole member is a near-elderly person (at least 50 but less than 62 years of age), who may be a person with a disability. The term includes two or more near-elderly persons living together, and one or more such persons living with one or more persons who are determined to be essential to the care or well-being of the near-elderly person or persons. A near-elderly family may include other family members who are not near-elderly. (24 CFR § 5.403) 61. Near-elderly person – A person who is at least 50 years of age but below 62, who may be a person with a disability (42 USC 1437a(b)(3)). 62. Negative Rent – See Utility Reimbursement . 63. Net Family Assets – The net cash value, after deducting reasonable costs that would be incurred in disposing of: [24 CFR § 5.603] a. Real property (land, houses, mobile homes) b. Savings (CDs, IRA or KEOGH accounts, checking and savings accounts, precious metals) c. Cash value of whole life insurance policies d. Stocks and bonds (mutual funds, corporate bonds, savings bonds) e. Other forms of capital investments (business equipment) SAHA ACOP Page 9 of 60 1/2012
Net cash value is determined by subtracting the reasonable costs likely to be incurred in selling or disposing of an asset from the market value of the asset. Examples of such costs are: brokerage or legal fees, settlement costs for real property, or penalties for withdrawing saving funds before maturity. Net Family assets also include the amount in excess of any consideration received for assets disposed of by an applicant or resident for less than fair market value during the two years preceding the date of the initial certification or reexamination. This does not apply to assets transferred as the result of a foreclosure or bankruptcy sale. In the case of a disposition as part of a separation or divorce settlement, the disposition will not be considered to be less than fair market value if the applicant or resident receives important considerations not measurable in dollar terms (24 CFR § 913.102). 64. Non-citizen – A person who is neither a United States citizen nor a national of the United States. [24 CFR § 5.504] 65. Over-income Family – An individual or family who is not a low-income family at the time of initial occupancy. 66. Other person under the tenant’s control – The person, although not staying as a guest in the unit is or was at the time of the activity in question, on the premises because of an invitation from the tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant. Absent evidence to the contrary, a person temporarily and infrequently on the premises solely for legitimate commercial purposes is not under the tenant’s control (e.g. the Pizza Delivery person). 67. Pattern -- more than one (1) incident during the previous twelve (12) months. 68. Person with disabilities 1 [42 USC 1437a(b)(3)] – A person 2 who: a. Has a disability as defined in Section 223 of the Social Security Act (42 USC 423); or b. Has a physical, mental or emotional impairment that: i. Is expected to be of long continued and indefinite duration; ii. Substantially impedes his/her ability to live independently; and iii. Is of such nature that such disability could be improved by more suitable housing conditions; or iv. Has a developmental disability as defined in Section 102 (5) (b) of the Developmental Disabilities Assistance and Bill of Rights Act [42 USC 6001 (5)]. 69. Portion of development – Includes, one or more buildings in a multi-building development; one or more floors of a development or developments; a certain number of dwelling units in a development or developments. (24 CFR § 945.105). 70. Prohibition against denkial of assistance to victims of domestic violence, dating violence,and stalking [Pub.L. 109-162] – The Violence against Women Reauthorization Act of 2005 (VAWA) prohibits denial of admission to an otherwise qualified applicant on the basis that the applicant is or has been a victim of domestic violence, dating violence, or stalking. Specifically, Section 607(2) of VAWA adds the following provision to Section 6 of the U.S. Housing Act of 1937, which lists contract provisions and requirements for the public housing program: a. Every contract for contributions shall provide that the public housing agency shall not deny admission to the development to any applicant on the basis that the applicant is or has been a 1 NOTE: this is the program definition for public housing. The 504 definition does not supersede this definition for eligibility or admission. [24 CFR 8.4 (c) (2)] 2 A person with disabilities may be a child. SAHA ACOP Page 10 of 60 1/2012
- Page 5 and 6: http://www.gpo.gov/fdsys/pkg/FR-201
- Page 7 and 8: ADMISSIONS AND CONTINUED OCCUPANCY
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- Page 75 and 76: Document No: Exhibit 1E SAN ANTONIO
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- Page 79 and 80: PROJ ECT NO. 2010 Proposed Flat Ren
- Page 81 and 82: PROJ ECT NO. DEVELOPMENT 147 Spring
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Net cash value is determined by subtracting the reasonable costs likely to be incurred in selling or disposing of<br />
an asset from the market value of the asset. Examples of such costs are: brokerage or legal fees, settlement<br />
costs for real property, or penalties for withdrawing saving funds before maturity.<br />
Net Family assets also include the amount in excess of any consideration received for assets disposed of by<br />
an applicant or resident for less than fair market value during the two years preceding the date of the initial<br />
certification or reexamination. This does not apply to assets transferred as the result of a foreclosure or<br />
bankruptcy sale.<br />
In the case of a disposition as part of a separation or divorce settlement, the disposition will not be considered<br />
to be less than fair market value if the applicant or resident receives important considerations not measurable<br />
in dollar terms (24 CFR § 913.102).<br />
64. Non-citizen – A person who is neither a United States citizen nor a national of the United States. [24 CFR § 5.504]<br />
65. Over-income Family – An individual or family who is not a low-income family at the time of initial occupancy.<br />
66. Other person under the tenant’s control – The person, although not staying as a guest in the unit is or was at<br />
the time of the activity in question, on the premises because of an invitation from the tenant or other member<br />
of the household who has express or implied authority to so consent on behalf of the tenant. Absent evidence<br />
to the contrary, a person temporarily and infrequently on the premises solely for legitimate commercial<br />
purposes is not under the tenant’s control (e.g. the Pizza Delivery person).<br />
67. Pattern -- more than one (1) incident during the previous twelve (12) months.<br />
68. Person with disabilities 1 [42 USC 1437a(b)(3)] – A person 2 who:<br />
a. Has a disability as defined in Section 223 of the Social Security Act (42 USC 423); or<br />
b. Has a physical, mental or emotional impairment that:<br />
i. Is expected to be of long continued and indefinite duration;<br />
ii. Substantially impedes his/her ability to live independently; and<br />
iii. Is of such nature that such disability could be improved by more suitable housing<br />
conditions; or<br />
iv. Has a developmental disability as defined in Section 102 (5) (b) of the Developmental<br />
Disabilities Assistance and Bill of Rights Act [42 USC 6001 (5)].<br />
69. Portion of development – Includes, one or more buildings in a multi-building development; one or more floors<br />
of a development or developments; a certain number of dwelling units in a development or developments. (24<br />
CFR § 945.105).<br />
70. Prohibition against denkial of assistance to victims of domestic violence, dating violence,and stalking [Pub.L.<br />
109-162] – The Violence against Women Reauthorization Act of 2005 (VAWA) prohibits denial of admission<br />
to an otherwise qualified applicant on the basis that the applicant is or has been a victim of domestic<br />
violence, dating violence, or stalking. Specifically, Section 607(2) of VAWA adds the following provision to<br />
Section 6 of the U.S. <strong>Housing</strong> Act of 1937, which lists contract provisions and requirements for the public<br />
housing program:<br />
a. Every contract for contributions shall provide that the public housing agency shall not deny<br />
admission to the development to any applicant on the basis that the applicant is or has been a<br />
1 NOTE: this is the program definition for public housing. The 504 definition does not supersede this definition for<br />
eligibility or admission. [24 CFR 8.4 (c) (2)]<br />
2<br />
A person with disabilities may be a child.<br />
SAHA <strong>ACOP</strong> Page 10 of 60 1/2012