ACOP - San Antonio Housing Authority

ACOP - San Antonio Housing Authority ACOP - San Antonio Housing Authority

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victim of domestic violence, dating violence, or stalking if the applicant otherwise qualifies for assistance or admission, and that nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking 71. Premises – The building or complex or development in which the public housing dwelling is located, including common areas and grounds. 72. Public Assistance – TANF or other payments to families and individuals, based on need, that are made under programs funded, separately or jointly, by Federal, State or local governments. 73. Qualified Individual with disability Section 504 – An individual with disability who meets the essential eligibility requirements and who can achieve the purpose of the program or activity without modifications in the program or activity that the PHA can demonstrate would result in a fundamental alteration in its nature. a. Essential eligibility requirements include: …stated eligibility requirements such as income as well as other explicit or implicit requirements inherent in the nature of the program or activity, such as requirements that an occupant of multifamily housing be capable of meeting the recipient’s selection criteria and be capable of complying with all obligations of occupancy with or without supportive services provided by persons other that the PHA. b. For example, a chronically mentally ill person whose particular condition poses a significant risk of substantial interference with the safety or enjoyment of others or with his or her own health or safety in the absence of necessary supportive services may be “qualified” for occupancy in a development where such supportive services are provided by the PHA as a part of the assisted program. The person may not be ‘qualified’ for a development lacking such services. (24 CFR § 8.3) 74. Recent history or currently engaged in – Is defined as any incident during the previous six months. 75. Reasonable Accommodation – Making alterations or adaptations to provide access to otherwise qualified individuals with disabilities in the use of the program and facilities, without causing undue financial and administrative hardship or substantially altering the program or activity. 76. Re-certification – (Also called re-examination or redetermination) The checking of family circumstances and income at least annually to determine if family composition or income changes would require a change in rent or unit size. 77. Resident – (Synonymous with participant or tenant) The person or persons who executes the Lease as lessee of the dwelling unit. 78. Service Provider – A person or organization qualified and experienced in the provision of supportive services, that is in compliance with any licensing requirements imposed by State or local laws for the type of service or services to be provided. The service provider may provide the service on either a for-profit or not-for-profit basis. [24 CFR § 945.105]. 79. Single Person – A person who is not an elderly person, a person with disabilities, a displaced person, or the remaining member of a resident family. 80. Spouse – Spouse means the husband or wife of the head of the household. A marriage partner includes the partner in a "common law" marriage as defined in state law. The term “spouse” does not apply to friends, roommates, or significant others who are not marriage partners. A minor who is emancipated under state law may be designated as a spouse 81. Stalking – Mean: SAHA ACOP Page 11 of 60 1/2012

a. To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate; or b. To place under surveillance with the intent to kill, injure, harass, or intimidate another person; and c. In the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to (1) that person, (2) a member of the immediate family of that person, or (3) the spouse or intimate partner of that person. 82. Tenant Rent – The amount payable monthly by the Family as rent to PHA. Where all utilities (except telephone) and other essential housing services are supplied by the Authority, Tenant Rent equals Total Tenant Payment. Where some or all utilities (except telephone) and other essential housing services are not supplied by the PHA and the cost thereof is not included in the amount paid as rent, Tenant Rent equals Total Tenant Payment less the Utility Allowance (24 CFR § 5.603). 83. Total Tenant Payment (TTP) – The TTP, or income-based rent, is calculated using the following formula: a. The greatest of 30% of the monthly Adjusted Income (as defined in these policies) or b. 10% of the monthly Annual Income (as defined in these policies), or the Welfare Rent if applicable, but never less than the Minimum Rent or greater than the Ceiling Rent, if any. c. If the Resident pays any of the utilities directly to the utility supplier, the amount of the Utility Allowance is deducted from the TTP. (24 CFR §5.613) See the definition for Tenant Rent. 84. Uniform Federal Accessibility Standards – Standards for the design, construction, and alteration of publicly owned residential structures to insure that physically disability persons will have ready access to and use of such structures. The standards are set forth in Appendix A to 24 CFR Part 40. See cross reference to UFAS in 504 regulations, 24 CFR § 8.32 (a). 85. Utilities – Water , electricity, gas, other heating, refrigeration and cooking fuels, trash collection, and sewerage services. Telephone service is not included as a utility (24 CFR § 965.473). 86. Utility Allowance [24 CFR § 5.603] – If the cost of utilities (except telephone) for an assisted unit is not included in the Tenant Rent but is the responsibility of the family, an amount equal to the estimate made, as approved by the Authority or HUD, of the monthly costs of a reasonable consumption of such utilities for the unit, consistent with the requirements of a safe, sanitary and healthful living environment. 87. Utility Reimbursement [24 CFR § 5.615] – The amount, if any, by which the utility allowance for the unit, if applicable, exceeds the TTP for the Family occupying the unit. When the Utility Allowance exceeds the family’s TTP, the negative amount in excess of $6.00 will be refunded to resident through a check each month. If resident has any other outstanding charges the negative balance will be applied to the charges. A negative amount less than $6.00 a month will be credited to the resident account and will continue to accumulate until off set by charges or resident requests a reimbursement payment be made through a manual refund. 88. Upward Mobility Preference – An admissions preference granted when: a. A family can verify employment of an adult member: i. Employment at the time of the offer — To receive this preference the applicant family must have at least one family member, age 18 or older, employed at the time of PHA’s offer of housing. Employment at the time of the offer must be for the 90 day period SAHA ACOP Page 12 of 60 1/2012

a. To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate; or<br />

b. To place under surveillance with the intent to kill, injure, harass, or intimidate another person; and<br />

c. In the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed<br />

acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause<br />

substantial emotional harm to (1) that person, (2) a member of the immediate family of that<br />

person, or (3) the spouse or intimate partner of that person.<br />

82. Tenant Rent – The amount payable monthly by the Family as rent to PHA. Where all utilities (except<br />

telephone) and other essential housing services are supplied by the <strong>Authority</strong>, Tenant Rent equals Total<br />

Tenant Payment. Where some or all utilities (except telephone) and other essential housing services are not<br />

supplied by the PHA and the cost thereof is not included in the amount paid as rent, Tenant Rent equals<br />

Total Tenant Payment less the Utility Allowance (24 CFR § 5.603).<br />

83. Total Tenant Payment (TTP) – The TTP, or income-based rent, is calculated using the following formula:<br />

a. The greatest of 30% of the monthly Adjusted Income (as defined in these policies) or<br />

b. 10% of the monthly Annual Income (as defined in these policies), or the Welfare Rent if<br />

applicable, but never less than the Minimum Rent or greater than the Ceiling Rent, if any.<br />

c. If the Resident pays any of the utilities directly to the utility supplier, the amount of the Utility<br />

Allowance is deducted from the TTP. (24 CFR §5.613) See the definition for Tenant Rent.<br />

84. Uniform Federal Accessibility Standards – Standards for the design, construction, and alteration of publicly<br />

owned residential structures to insure that physically disability persons will have ready access to and use of<br />

such structures. The standards are set forth in Appendix A to 24 CFR Part 40. See cross reference to UFAS in 504<br />

regulations, 24 CFR § 8.32 (a).<br />

85. Utilities – Water , electricity, gas, other heating, refrigeration and cooking fuels, trash collection, and<br />

sewerage services. Telephone service is not included as a utility (24 CFR § 965.473).<br />

86. Utility Allowance [24 CFR § 5.603] – If the cost of utilities (except telephone) for an assisted unit is not included<br />

in the Tenant Rent but is the responsibility of the family, an amount equal to the estimate made, as approved<br />

by the <strong>Authority</strong> or HUD, of the monthly costs of a reasonable consumption of such utilities for the unit,<br />

consistent with the requirements of a safe, sanitary and healthful living environment.<br />

87. Utility Reimbursement [24 CFR § 5.615] – The amount, if any, by which the utility allowance for the unit, if applicable,<br />

exceeds the TTP for the Family occupying the unit. When the Utility Allowance exceeds the family’s TTP, the negative<br />

amount in excess of $6.00 will be refunded to resident through a check each month. If resident has any other<br />

outstanding charges the negative balance will be applied to the charges. A negative amount less than $6.00 a month<br />

will be credited to the resident account and will continue to accumulate until off set by charges or resident requests a<br />

reimbursement payment be made through a manual refund.<br />

88. Upward Mobility Preference – An admissions preference granted when:<br />

a. A family can verify employment of an adult member:<br />

i. Employment at the time of the offer — To receive this preference the applicant family<br />

must have at least one family member, age 18 or older, employed at the time of PHA’s<br />

offer of housing. Employment at the time of the offer must be for the 90 day period<br />

SAHA <strong>ACOP</strong> Page 12 of 60 1/2012

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