Tenant Selection Criteria

Additions to Existing Household

Household compositions will change over time. Additions to households do not need to be placed on the waiting list to be added to an existing household receiving assistance. The request for the additional resident will need to be reported to the office and approval will need to be obtained by management before the new household members take occupancy. The new household member must meet all eligibility criteria in the same manner as an outside applicant.

VI. GENERAL REQUIREMENTS

• Positive identification with a picture will be required (photocopy may be kept on file).
• All applicants must disclose social security numbers for all household members upon move in if applicable.
• Primary applicants must be of legal age to enter into a legal contract under state and local laws.
• The Head of Household, the spouse and/or co-head and all other adults (18 and older) in each applicant family must sign an Authorization for Release of Information (HUD Form 9887 and 9887/A) prior to being accepted and every year thereafter.

7. Administration of the Waiting List

The Property is required to maintain a waiting list of all eligible applicants. Applicants must be placed on the waiting list and selected from the waiting list even in situations where there are vacancies, and the application is processed upon receipt. This procedure is necessary to assure the complete and accurate processing of all documentation for all applicants.

The waiting list is maintained in chronological order based on the date and time of receipt of the Pre- Application.

The list contains the following information for each applicant:

1. Application Date and Time received
2. Applicant Name
3. Household Income
4. Family Size
5. Address
6. Phone Number(s)
7. Preference/Priority
8. Unit Size and Type
9. Notification Date(s)
10. Response Date(s)
11. Comments/Status
12. Special Needs

Applicants may report changes to any of the information and retain their place on the waiting list based on the original date and time.

Closed Waiting List

The waiting list is closed when the numbers of applications on hand are such that the Waitlist Application household would be unlikely to be offered a unit within two years. The formula for determining the number of names that should be on the waiting list is; multiply the average number of vacancies for the past three years times two. For example, a property had 10 vacancies in the one- bedroom apartments last year and 14 vacancies the year before, and 17 vacancies three years ago. The total is 41, divide by 3 and multiply times 2. The maximum number of names that should be maintained on the waiting list for the one-bedroom units is 27. If based on the average turnover for one year, it appears that the waiting list will cause future applicants to wait longer than two years, applications will no longer be accepted, and the waiting list will be closed.

When the waiting list is closed, a notice is posted in a conspicuous location, in or near the rental office, property website and an ad in the local newspaper indicating:

1. The date the list closed,
2. Applications are not being accepted, and
3. Reason for the closure

The Property must not accept or maintain lists of potential applicant names when the waiting list is closed. Applicants inquiring about a unit when the list is closed must be advised that the list is closed and they may apply when the list is reopened.

Opening a Closed Waiting List

To open a closed waiting list, the Property must follow the HUD-approved Affirmative Fair Housing Marketing Plan (AFHMP). The AFHMP must be reviewed periodically and in advance of opening a closed waiting list to assure that it is current. Opening the waiting list and marketing vacant apartments in the Property must provide an equal opportunity for households to participate in and benefit from the housing programs.

Updating the Waiting List

From time to time the Property will have to update information on the waiting list. These changes must be reported in writing.

Such a need may occur when:

• the applicant notifies the Property of a change or when
• the applicant's name is reached on the waiting list and the changes are identified when the Waitlist Application is updated.

If the applicant's income/household composition changes and the change results in a change in the applicant's status, the original application date is retained.

Purging the Waiting List

The waiting list is purged based on applicant contact annually by the Property staff. It is critical that applicants are made to understand that they must continue to contact the Property to remain active on the waiting list. It is the responsibility of the applicant to respond to the Property at any time notification is sent to the applicant from the property. The head of household or spouse/co- applicant must contact the Property in writing via email, fax or by mail (unless some other reasonable accommodation is requested by applicants with verifiable disabilities). At the time of such notification the applicant may update information or simply indicate that they are still interested in an apartment. If an applicant does not contact the Property their application will be removed from the waitlist. For this reason it is important that applicants update their application and the update must be clearly documented with the date, time and applicant name. It is also the applicant's responsibility to immediately notify the Property whenever there is a change in the information provided on their Waitlist Application. The change may result in the need to place the applicant on a different waiting list.
 

The waiting list will be periodically purged by the Property staff to determine if applicants on the active list are still interested in an apartment. When purging notices are sent out from the Property an applicant's failure to respond within the designated time frame may result in the application being removed from the waitlist. If the applicant's circumstances change and the change requires a different waiting list status for the applicant, such change may not affect the date of the original application.

VIII. INCOME / ASSET REQUIREMENTS

Gross annual income shall not exceed the HUD income limits. All forms of income must be disclosed. Information on the limits is available from the property manager. Detailed information on the limits is available from the property manager; however, this community serves residents in the following income bracket(s):

All forms of income and assets are required to be directly 3rd party verified. Contact information must be supplied by the applicant/resident for management to accomplish this requirement. Other documentation may be requested or required to prove eligibility. Individual verification forms will be signed. Applicant has the right to not sign verification forms if either the requesting organization and/or the organization supplying the information is left blank. Gross annual income shall not exceed the HUD income limits. All forms of income must be disclosed.

IX. STUDENT REQUIREMENTS

A household comprised entirely of all FULL-TIME students (of any age) who attend school at an educational organization is not eligible to occupy an LIHTC unit unless the household meets one of the five (5) exceptions below. If the household contains one member who is not a full-time student, the household is NOT considered a full-time household.

Definition of a full time-student is defined as: A student who attends school full-time for all or parts of any five (5) months out of the calendar year. One day is considered part of the month.

Student exceptions:

1. At least one member of the household receives assistance under Title IV of the Social Security Act (i.e. Temporary Assistance for Needy Families (TANF)).
2. At least one member of the household was previously under the care and placement responsibility of the state agency responsible for administering a plan under Part B or Part E of Title IV of the Social Security Act (Foster care).
3. At least one member of the household is currently enrolled in a job training program receiving assistance under the Job Training Partnership Act (JTPA) or under other similar Federal, State, or Local program. For a program to be considered similar to JTPA, it should have a similar mission statement and received government funding.
4. All adult students are single parents with dependent child(ren). In order to meet this exception, no household member (adult or child) can be claimed as a dependent by another individual, other than the parent of such child(ren) who does not live in the unit.
5. All adult students are married and file a joint tax return. Note: A married couple that is entitled to file a joint tax return, has not filed one, still satisfies this exception.

X. RENTAL/CREDIT REQUIREMENTS

Homeownership may be verified through the county tax assessors office or similar agency. Mortgage payments must be current to reflect a positive rental history. Homeownership negotiated through a land sales contract may be verified through the contract holder.

Eviction history. Five years of eviction-free history is required except for general eviction judgments entered on claims that arose on or after April 1, 2020, and before March 1, 2022. Eviction actions that were dismissed or resulted in a judgment for the applicant or when the applicant has provided supplemental evidence proving that they suffered a job loss due to no fault of their own will not be considered. If your eviction was related to a non-behavioral issue, you may provide supplemental evidence as instructed herein and that information will be considered.

A credit report will be obtained. When evaluating your credit report, the following will be considered:

1. Bill payment history.
2. The number and type of accounts that you have.
3. Late payments.
4. Collection actions.
5. Outstanding debt.
6. Age of your accounts.

Negative credit scoring or adverse debt showing on consumer credit report may result in a denial or require additional security deposits or acceptable cosigners. Ten or more unpaid collections (not related to medical expenses) will result in denial of application.

XI. Live In Care Attendant/Aide

A qualified care attendant/aide will be subject only to a criminal background search. Credit and income Verifications will not apply.

XII. SECURITY DEPOSIT

Security Deposits provide us with some financial protection when a tenant moves out of the unit and fails to fulfill his/her obligations under the lease. Any deposit collected will be placed in an non-interest-bearing account. To assist in returning as much of the deposit to the tenant, each tenant will receive a copy of potential charges that may be assessed prior to move out and an estimated charge list within 31 days of move out.

Security Deposits Collected from Tenant

It is a requirement that we must collect the security deposit at the time of move in. The security deposit collected will be equal to an amount up to, but no greater than one and a half months rent rate at move in, but no less than one months rent.

Security Deposits for Tenants Transferring to Another Unit

When a tenant transfers to a new unit, we will not transfer the security deposit to the new unit. Any damages as a result of the move will be billed to the resident and assessed first to the security deposit, any remaining amounts the resident will be invoiced for and will have 30 days to pay.

XIII. CRIMINAL CONVICTION CRITERIA

Upon receipt of the Rental Application, Owner/Agent will conduct a search of public records to determine whether applicant or any proposed resident or occupant has a Conviction (which means: charges pending as of the date of the application; a conviction; a guilty please; or no contest plea), for any of the following crimes as provided in ORS 90.303(3): drug-related crime; person crime; sex offense; crime involving financial fraud, including identity theft and forgery; or any other crime if the conduct for which applicant was convicted or is charged is of a nature that would adversely affect property of the landlord or a tenant or the health, safety or right of peaceful enjoyment of the premises of residents, the landlord or the landlords agent. Owner/Agent will not consider a previous arrest that did not result in a Conviction or expunged records.
 

If applicant, or any proposed occupant, has a Conviction in their past which would disqualify them under these criteria, and desires to submit additional information to Owner/Agent along with the application so Owner/Agent can engage in an individualized assessment (described below) upon receipt of the results of the public records search and prior to a denial, applicant should do so. Otherwise, applicant may request the review process after denial as set forth below, however, see item (c) under Criminal Conviction Review Process below regarding holding the unit.

A single Conviction for any of the following, subject to the results of any review process, shall be grounds for denial of the Rental Application.

1. Felonies involving: murder, manslaughter, arson, rape, kidnapping, child sex crimes, or manufacturing or distribution of a controlled substance.
2. Felonies not listed above involving: drug-related crime; person crime; sex offense; crime involving financial fraud, including identity theft and forgery; or any other crime if the conduct for which applicant was convicted or is charged is of a nature that would adversely affect property of the landlord or a tenant or the health, safety or right of peaceful enjoyment of the premises of the residents, the landlord or the landlords agent, where the date of disposition has occurred in the last 7 years.
3. Misdemeanors involving: drug related crimes, person crimes, sex offenses, domestic violence, violation of a restraining order, stalking, weapons, criminal impersonation, possession of burglary tools, financial fraud crimes, where the date of disposition has occurred in the last 5 years.
4. Misdemeanors not listed above involving: theft, criminal trespass, criminal mischief, property crimes or any other crime if the conduct for which applicant was convicted or is charged is of a nature that would adversely affect property of the landlord or a tenant or the health, safety or right of peaceful enjoyment of the premises of the residents, the landlord or the landlords agent, where the date of disposition has occurred in the last 3 years.
5. Conviction of any crime that requires lifetime registration as a sex offender will result in denial.

Criminal Conviction Review Process

Owner/Agent will engage in an individualized assessment of the applicants, or other proposed occupants, Convictions if:

1. Applicant has submitted supporting documentation prior to the public records search; or (2) applicant is denied based on failure to satisfy these criminal criteria and has submitted a written request along with supporting documentation.

Supporting documentation MUST include:

• • a statement from the applicant; as well as one of the following:
    1. Letter from parole or probation officer; or
    2. Letter from caseworker, therapist, counselor; or
    3. Certifications of various treatments/rehab programs;
    4. Certification of trainings completed;
    5. Proof of employment: and
    6. Statement of the applicant

Owner/Agent will:

1. Consider relevant individualized evidence of mitigating factors, which may include: the facts or circumstances surrounding the criminal conduct; the age of the convicted person at the time of the conduct; time since the criminal conduct; time since release from incarceration or completion of parole; evidence that the individual has maintained a good tenant history before and/or after the conviction or conduct; and evidence of rehabilitation efforts. Owner/Agent may request additional information and may consider whether there have been multiple Convictions as part of this process.
2. Notify applicant of the results of Owner/Agents review within a reasonable time after receipt of all required information.
3. Hold the unit for which the application was received for a reasonable time under all the circumstances to complete the review unless prior to receipt of applicants written request (if made after denial) the unit was committed to another applicant.

XIV. VIOLENCE AGAINST WOMAN ACT PROTECTIONS

1. An applicants or program participants status as a victim of domestic violence, dating violence, sexual assault or stalking is not a basis for denial of rental assistance or for denial of admission, if the applicant otherwise qualifies for assistance or admission.
2. An incident or incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking will not be construed as serious or repeated violations of the lease or other good cause for terminating the assistance, tenancy, or occupancy rights of a victim of abuse.
3. Criminal activity directly related to domestic violence, dating violence, sexual assault or stalking, engaged in by a member of a tenants household or any guest or other person under the tenants control, shall not be cause for termination of assistance, tenancy, or occupancy rights of the victim of the criminal acts.
4. Residency may be terminated, or a lease bifurcated in order to remove an offending household member from the home. Whether or not the individual is a signatory to the lease and lawful tenant, if he/she engages in a criminal act of physical violence against family members or others, he/she stands to be evicted, removed, or have his/her occupancy rights terminated. This action is taken while allowing the victim, who is a tenant or a lawful occupant, to remain.
5. The provisions protecting victims of domestic violence, dating violence, sexual assault or stalking engaged in by a member of the household, may not be construed to limit the O/A, when notified, from honoring various court orders issued to either protect the victim or address the distribution of property in case a family breaks up.
6. The authority to evict or terminate residency is not limited with respect to a victim that commits unrelated criminal activity. Furthermore, if an O/A can show an actual and imminent threat to other tenants or those employed at or providing service to the property if an unlawful tenants residency is not terminated, then evicting a victim is an option, the VAWA notwithstanding. Ultimately, O/As may not subject victims to more demanding standards than other tenants.
7. The VAWA protections shall not supersede any provision of any federal, state, or local law that provides greater protection for victims of domestic violence, dating violence or stalking. The laws offering greater protection are applied in instances of domestic violence, dating violence or stalking.

XV. DISABLED ACCESSIBILITY

1. Stratus Village complies with section 504 of the Rehabilitation Act, the Fair Housing Act, and Title VI of the Civil Rights Act of 1964 and will not discriminate in any program or activity receiving federal financial assistance from HUD.
2. Stratus Village is committed to making the apartment community readily accessible to and usable by individuals with handicaps. Stratus Village will consider any request by or on behalf of a handicapped resident or applicant for: a) a reasonable accommodation relating to a change in its rules and/or policies; or b) a reasonable modification relating to alterations of the common areas or an individual unit. Any such request should be made in writing to the Director of Asset Manager or designated 504 coordinators located at Housing Authority of Yamhill County, 135 NE Dunn Place. McMinnville, OR 97128. If it is not possible to make the request in writing, Housing Authority of Yamhill County will assist the person making the request provide the necessary information.
3. If a request for a reasonable accommodation or reasonable modification is granted, the cost to perform the accommodation or modification will be the landlords unless the request will:
   1. impose an undue financial and administrative burden on the apartment community owner or Housing Authority of Yamhill County; or
4. 2. fundamentally alter the nature of the services provided by the apartment community owner or Housing Authority of Yamhill County.

XVI. SECTION 504 OF THE REHABILITATION ACT OF 1973, THE FAIR HOUSING ACT AMENDMENTS OF 1988 **AND TITLE VI OF THE CIVIL RIGHTS ACT OF 1964** AND HUD NOTICE 16-137

1. Housing Authority of Yamhill County complies with Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance from HUD.
2. Housing Authority of Yamhill County complies with The Fair Housing Act which prohibits discrimination in housing and housing related transactions based on race, color, religion, sex, national origin, disability and familial status. It applies to housing, regardless of the presence of federal financial assistance.
3. Housing Authority of Yamhill County complies with Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race, color or national origin in any program or activity receiving federal financial assistance from HUD.
4. Housing Authority of Yamhill County complies with HUD Notice 16-137, The Final Rule Providing Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity to ensure that housing is open to all eligible individuals and families regardless of actual or perceived sexual orientation, gender identity or marital status.

XVII. REJECTION POLICY

You have the right to dispute the accuracy of any information provided to the landlord by a screening service or credit reporting agency. If your application is denied due to unfavorable information received during the screening process you will be notified in writing. You can request a hearing to dispute the denial in writing.

1. Contact the community manager where you applied to obtain a copy of your screening and the reason for denial. Your credit report can be provided either by the screening company. The screening company that processed your application is Screening Works Their name and the reference number for your file will be printed on the acceptance or denial letter. Screening Works., 430 S Fairview Avenue. Santa Barbara, CA 93117
2. Contact the credit reporting agency to identify who is reporting unfavorable information.
3. Correct any incorrect information through the credit reporting agent as per their policy.
4. Request the credit reporting agency submit a corrected credit check to the appropriate screening company.
5. Upon written request to dispute the denial overturned hearing outcome and/or receipt of the corrected and satisfactory information, your application will be re-activated on the waitlist at the original application date and time then evaluated again for the next available apartment.

If you are a person with a disability and would like to request a waiver of the screening criteria, you may appeal the decision within 14 calendar days by sending a letter to:

Housing Authority of Yamhill County, Director of Asset Management, 135 NE Dunn Place. McMinnville, OR 97128.

In the letter explain the reasons you believe your application should be approved and request a review of your file. Please indicate in the letter which apartment community you have applied to. Within 14 calendar days of receipt, your application will be reviewed, and you will be notified of the outcome of the review. Persons with disabilities have the right to request reasonable accommodations to participate in the hearing process.

XVIII.PRIVACY POLICY

We are dedicated to protecting the privacy of your personal information used to determine your eligibility. We have adopted a Privacy Policy to ensure your personal information is kept secure.

We are pledged to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin. TDD 1- 800-735-2900