HomeMy WebLinkAboutRES HA-132RESOLUTION NO. HA-132
A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY
AMENDING AND RESTATING THE ADMINISTRATIVE PLAN FOR THE
PALM DESERT HOUSING AUTHORITY PERTAINING TO THE
MANAGEMENT AND OPERATION OF ITS AFFORDABLE HOUSING
PROPERTIES
WHEREAS, the Palm Desert Housing Authority (the "Authority") has established
an affordable housing rental program (the "Program") for very low, low, and moderate
income households in the City of Palm Desert; and
WHEREAS, the Authority has approved an Administrative Plan (the "Plan")
establishing the policies and procedures under which the Authority currently operates for
the administration, management and operations of the Program; and
WHEREAS, the Administrator of the Plan shall be the Authority regardless of
funding source or ownership of the properties; and
WHEREAS, the Authority wishes to amend and restate the Plan to update the
policies and procedures under which the Authority operates.
NOW, THEREFORE, BE IT RESOLVED by the Palm Desert Housing Authority,
as follows:
SECTION 1. The Authority hereby approves and accepts the amended and
restated Plan, as attached hereto as “Exhibit A” and incorporated herein by this
reference, and grants all necessary authority for the management and operation of all
properties that may be owned, operated, restricted or otherwise controlled by the
Authority from time to time.
SECTION 2. The Executive Director of the Authority or his/her designee shall
have the authority to consider on a case-by-case basis waivers to existing policy in
matters where the Authority has discretion, so long as such action complies with local,
state and federal regulations.
SECTION 3. The Executive Director of the Authority or his/her designee shall
have the authority to take any other actions that he or she deems necessary to
administer, facilitate, modify, establish and implement the Administrative Plan, so
long as such action is not inconsistent with the terms thereof or any applicable local,
state and federal regulations.
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Resolution No. HA-132 Page 2
ADOPTED ON AUGUST 28, 2025.
ATTEST:
JAN C. HARNIK
CHAIRPERSON
ANTHONY J. MEJIA
SECRETARY
I, Anthony J. Mejia, Secretary of the Palm Desert Housing Authority, hereby
certify that Resolution No. HA-132 is a full, true, and correct copy, and was duly
adopted at a regular meeting of the Authority Board on August 28, 2025, by the
following vote:
AYES: NESTANDE, PRADETTO, QUINTANILLA, TRUBEE, AND HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on .
ANTHONY J. MEJIA
SECRETARY
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9/9/2025
Resolution No. HA- 132 Page 3
Exhibit A
See following pages
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ADMINISTRATIVE PLAN
ADMINISTRATIVE POLICIES AND PROCEDURES
of the
PALM DESERT HOUSING AUTHORITY
for the Management and Operation of its
AFFORDABLE HOUSING RENTAL UNITS
73-510 Fred Waring Drive
Palm Desert, CA 92260
Phone: (760) 346-0611
www.cityofpalmdesert.org
Effective September 1, 2025
Version 4.0
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TABLE OF CONTENTS
ABOUT THE AUTHORITY ................................................................................................................. 1
1.0 DEFINITIONS ......................................................................................................................... 3
2.0 ABOUT THE PLAN .............................................................................................................. 11
2.1 PURPOSE OF PLAN ..................................................................................................... 11
2.2 APPLICABILITY OF THE PLAN ................................................................................... 11
2.3 ADMINISTRATOR OF THE PLAN ................................................................................. 11
2.4 FISCAL RESPONSIBILITIES ......................................................................................... 11
2.5 EQUAL OPPORTUNITY ................................................................................................ 11
2.6 LIMITED ENGLISH PROFICIENCY ............................................................................... 11
2.7 PROPERTIES ................................................................................................................ 11
3.0 FAIR HOUSING – REASONABLE ACCOMODATIONS ..................................................... 14
3.1 REASONABLE ACCOMODATIONS ............................................................................ 14
3.2 REQUEST FOR ACCOMODATIONS ........................................................................... 14
4.0 RESIDENT SELECTION AND WAITING LIST PROCEDURES .......................................... 17
4.1 WAITING LIST APPLICATION ..................................................................................... 17
4.2 ESTABLISHMENT OF WAITING LISTS ....................................................................... 17
4.3 ELIGIBILITY FOR WAITING LIST ................................................................................ 17
4.4 PLACEMENT ON THE WAITING LIST ........................................................................ 17
4.5 NOTIFICATION OF AVAILABLE UNIT ......................................................................... 18
4.6 NOTIFICATION BY WAIT LIST ELIGIBLE HOUSEHOLD OF INCOME OR
HOUSEHOLD CHANGES ............................................................................................ 18
4.7 WAITING LIST MAINTENANCE AND NOTIFICATION OF CONTINUED
INTEREST .................................................................................................................... 18
4.8 ALL UNITS ARE AFFORDABLE .................................................................................. 19
4.9 PREFERENCES ........................................................................................................... 19
4.10 SELECTION FROM THE WAIT LIST UPON UNIT AVAILABILITY .............................. 19
4.10.1 Property Income Composition and Income by Unit Allocation ........................ 20
4.10.2 Unit Under/Over Utilization ............................................................................. 20
4.10.3 Offer and Acceptance of a Restricted Unit ..................................................... 20
4.10.4 Unit Availability and Transfers ........................................................................ 20
4.10.4a Emergency Transfer ........................................................................................ 21
4.10.4b Disabled Person Accommodation ................................................................... 21
4.10.4c Required Transfer ........................................................................................... 21
4.10.4d Medical Transfer ............................................................................................. 21
4.10.4e Requested Transfers ....................................................................................... 21
4.11 Conflicts Prohibited ....................................................................................................... 21
5.0 APPLICATIONS AND HOUSEHOLD QUALIFICATION ...................................................... 23
5.1 APPLICATION .............................................................................................................. 23
5.1.1 Contact Information ........................................................................................ 23
5.1.2 Income ............................................................................................................ 23
5.1.3 Assets ............................................................................................................. 25
5.1.4 Affordable Requirements ................................................................................ 25
5.1.5 Applicant Lease Requirements ....................................................................... 25
5.1.6 Identification ................................................................................................... 25
5.1.7 Consent/Verification Forms ............................................................................ 25
5.1.8 Application Fee ............................................................................................... 25
5.1.9 Other Information ............................................................................................ 25
5.2 APPLICANT LEASE REQUIREMENTS ....................................................................... 25
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5.2.1 Age Requirements .......................................................................................... 25
5.2.2 Income History/Verification ............................................................................. 26
5.2.3 Self-Employment ............................................................................................ 26
5.2.4 Lease Income Requirement ........................................................................... 26
5.2.5 Rental History ................................................................................................. 26
5.2.6 Criminal Background Check ............................................................................................... 26
5.3 AFFORD QUALIFICATION REQUIREMENTS ............................................................. 26
5.3.1 Household Income Criteria ............................................................................. 26
5.3.2 No Ownership in Real Property or Mobilehomes ............................................ 27
5.3.3 Certification and Recertification of Eligibility ................................................... 27
5.3.4 Proof of Income .............................................................................................. 27
5.3.5 Changes in Income ......................................................................................... 27
5.3.6 Primary Residence Requirement .................................................................... 27
5.3.7 Other Housing Assistance .............................................................................. 27
5.4 CREDIT CHECKS, BACKGROUND CHECKS, AND DOCUMENTATION
VERIFICATIONS .................................................................................................................. 27
5.4.1 Applicant Certifications and Verifications ........................................................ 27
5.4.2 Credit Reports/Background Checks ............................................................... 29
5.5 ADDITIONAL DOCUMENT SUBMITTAL...................................................................... 30
5.6 APPLICATION ACCURACY ....................................................................................... 310
5.7 APPLICATION APPROVAL/DENIAL .......................................................................... 310
6.0 LEASING POLICIES AND PROCEDURES ......................................................................... 32
6.1 RESIDENTIAL LEASE AND ADDENDA ....................................................................... 32
6.2 RESIDENTIAL LEASE POLICIES AND NOTICES ....................................................... 34
6.3 LEASE DEPOSITS .......................................................................................................... 34
6.4 LEASE PAYMENTS AND LATE CHARGES ................................................................... 34
6.5 LEASE ADDENDA IN WRITING ..................................................................................... 35
6.6 LEASE MODIFICATIONS ............................................................................................... 35
6.7 PRE-OCCUPANCY INSPECTION .................................................................................. 35
6.8 RENTAL RATES ............................................................................................................. 35
6.8.1 Setting Rental Rates ....................................................................................... 35
6.8.2 Rental Rents Based on Standard Occupancy ................................................ 35
6.8.3 Household Rent .............................................................................................. 36
6.9 MAINTENANCE AND ENTRY TO RESTRICTED UNITS ............................................... 36
6.10 LEASE RENEWALS ...................................................................................................... 36
6.11 NO SUBLETTING .......................................................................................................... 36
6.12 LIVE-IN AIDES .............................................................................................................. 36
6.13 ANIMALS……………………………………………………………………………....... 37
6.14 RESIDENTIAL LEASE ENFORCEMENT ...................................................................... 37
7.0 RECERTIFICATION REQUIREMENTS ............................................................................... 38
7.1 REQUIRED ANNUAL RECERTIFICATION .................................................................. 38
7.1.1 Recertification Appointments .......................................................................... 38
7.1.2 Recertification Documentation ........................................................................ 38
7.1.3 Annual Recertification Confirmation as a Qualified Household ...................... 39
7.2 CIRCUMSTANTIAL OR INTERIM RECERTIFICATION ............................................... 39
7.2.1 Changes in Household Size ........................................................................... 39
7.2.2 Change of Household Income ........................................................................ 39
7.2.3 Temporary Recertification ………………………………………………........ 40
7.3 ANNUAL INSPECTIONS.. ............................................................................................ 40 7.4
8.0 TERMINATION OF TENANCIES AND MOVE-OUT PROCEDURES .................................. 41
8.1 TERMINATION OF TENANCIES OTHER THAN BY EVICTION .................................. 41
8.1.1 End of Lease Term ......................................................................................... 41
8.1.2 During a Lease Term ...................................................................................... 41
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8.1.3 Notices to Vacate for Termination of Tenancies Other than by Eviction ......... 41
8.1.3a Resident Notices to Vacate ............................................................................ 41
8.1.3b Management Notices to Vacate...................................................................... 41
8.1.4 Move-out Procedures ..................................................................................... 41
8.1.4a Initial Pre-Inspection Request ......................................................................... 41
8.1.4b Scheduling the Move-out Inspection ............................................................... 42
8.1.4c Opting Out of a Move-Out Inspection ............................................................. 42
8.1.4d Inspection Exceptions ..................................................................................... 42
8.1.4e Inspection Findings ......................................................................................... 42
8.1.4f Final Inspection .............................................................................................. 42
8.1.4g Resident Presence ......................................................................................... 42
8.1.5 Maintenance and Repairs Necessary Due to Impending Move-out ................ 43
8.2 TERMINATION OF TENANCY THROUGH TO EVICTION .......................................... 43
8.2.1 Reasons for Eviction ................................................................................... 4343
8.2.1a Violations of the Lease ................................................................................... 43
8.2.1b Non-Payment of Rent ..................................................................................... 43
8.2.1c Misrepresentation of Eligibility Under the Plan ............................................... 43
8.2.2 Eviction Process ............................................................................................. 43
8.2.2a Eviction Notice ................................................................................................ 43
8.2.2b Verification of Occupancy ............................................................................... 43
8.2.2c Unlawful Detainer ........................................................................................... 44
8.3 REFUND OF SECURITY DEPOSIT ............................................................................. 44
8.3.1 Notification of Itemized Security Deposit Disposition ...................................... 44
8.3.2 Resident’s Entitlement to Security Deposit ..................................................... 44
9.0 GRIEVANCE PROCESS ...................................................................................................... 45
9.1 GRIEVANCE APPLICABILITY ...................................................................................... 45
9.2 GRIEVANCES PROCEDURES .................................................................................... 45
9.2.1 Informal Grievance ......................................................................................... 45
9.2.2 Procedures for Appeal and Grievance ............................................................ 45
9.2.3 Grievance Process ......................................................................................... 45
EXHIBITS
EXHIBIT A ....................................................................................................................... 48
EXHIBIT B ....................................................................................................................... 49
EXHIBIT C ....................................................................................................................... 51
EXHIBIT D ....................................................................................................................... 52
EXHIBIT E ....................................................................................................................... 55
EXHIBIT F ....................................................................................................................... 57
EXHIBIT G ....................................................................................................................... 62
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ABOUT THE AUTHORITY
“The mission of the Palm Desert Housing Authority is to serve the citizens of
Palm Desert by providing decent, safe, sanitary, and affordable housing to
qualifying households whose incomes are very low to moderate including public-
private partnerships.”
The Palm Desert Housing Authority (Authority) was created in December of 1997 by the Palm
Desert City Council to manage certain affordable rental properties located in the City. These
properties were acquired by the former Palm Desert Redevelopment Agency (former RDA) from
the Riverside County Housing Authority (RCHA). Before the acquisition, the RCHA owned and
operated the 725 affordable units in Palm Desert. In 2012, as part of statewide legislation that
dissolved redevelopment agencies, the City of Palm Desert (City) designated the Authority as
the successor housing entity. Today the Authority, now owns more than 1,000 affordable rental
units with income levels ranging from very low (20 percent of the Riverside County Area Median
Income) to moderate (up to 120 percent of the Riverside County Area Median Income). The
members of the City Council serve as the Authority’s Board (the Board or Authority Board), And
the Authority Board established a Housing Commission made up of community members to
provide review and advise on matters to come before the Authority Board.
The Authority collaborates closely with the City to uphold the goals and policies outlined in the
City’s Housing Element:
Goal 1: Provide a range of housing types that meet the needs of all income groups
within the City.
Goal 2: Preserve and maintain the City’s high quality affordable housing stock.
The success of the Authority’s affordable housing programs can be attributed to the strong
foundation of policies, procedures and regulations in place. These programs ensure that all
residents are treated fairly under fair housing laws, and equitably based on income and family
size. The Authority’s rental properties, along with other housing initiatives, are managed by a
contracted professional property management company, working in coordination with staff, and
adhering to the guidelines in this Administrative Plan.
The policies, guidelines and standards outlined in this Administrative Plan shall apply to rental
properties owned, operated or controlled by the Authority. They are designed to promote the
maintain and preservation of affordable housing in Palm Desert, enhance the condition of these
properties, and ensure compatibility with the community, as expected by both the City Council
and the Authority Board.
NOTICE: This Plan is intended to establish policies where the Authority has discretion under the applicable
law. This Plan does not purport to change any of the requirements of Federal or State Law. In the
event any discrepancy between this Plan and applicable law, the law will prevail.
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Section 1. DEFINITIONS
Unless the context explicitly requires otherwise, the following terms are defined as follows.
References to statutory or regulatory provisions include any subsequent amendments unless
sated otherwise. Capitalized terms used herein shall have the following meanings unless the
context in which they are used clearly requires otherwise. Code Sections or statutes that are
referenced herein may be amended from time to time and shall be subject to the then current
law unless stated otherwise.
Section 1.1 Adjusted for Family Size – shall mean a standardized household size for
renting units appropriate for family size as defined in Health and Safety Code Section
50052.5, as amended.
Section 1.2 Affordable Housing Cost – shall mean the cost of housing as defined by
Title 25 CCR Section 6920, calculated under California Health and Safety Code
Section 50052.5, as amended.
Section 1.3 Area Median Income (AMI) – shall mean the Area Median Income for
Riverside County, determined annually by the Department of Housing and Community
Development for the State of California (“HCD”), under California Health and Safety
Code Section 50093, as amended. Adjustment for family size shall align with California
Health and Safety Code Section 50052.5, as amended. If HCD ceases publishing AMI,
a comparable index approved by the Authority or funding source will be used.
Section 1.4 Applicant – shall mean a person or household applying for tenancy at an
Authority Property. Related terms: Interested Household, Wait List Eligible Household,
and Qualified Household.
Section 1.5 Assets – see Household Assets.
Section 1.6 Authority – shall mean the Palm Desert Housing Authority.
Section 1.7 Authority Board – shall mean the governing body for the Authority.
Section 1.8 Caretaker – see Live-in Aide.
Section 1.9 CCR – shall mean the California Code of Regulations.
Section 1.10 CFR – shall mean the Code of Federal Regulations.
Section 1.11 Child – see Minor.
Section 1.12 Child Care Expenses – shall mean a reasonable costs paid by a
Household for the care of Minors under age 13 when necessary to enable a family
member to work.
Section 1.13 City – shall mean the City of Palm Desert.
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Section 1.14 City Manager – shall mean the City Manager for the City of Palm Desert
or his or her designee.
Section 1.15 County – shall mean the County of Riverside, California.
Section 1.16 Disability – shall mean a physical or mental impairment that substantially
limits major life activities defined by under the Americans with Disabilities Act.
Section 1.17 Disability Program Participant – shall mean a Household member who
has been determined by the Commissioner of Social Security to be unable to engage in
any substantial gainful activity due to a medically determinable physical or mental
impairment that has lasted or can be expected to last for a continuous period of at least
12 months, or as more particularly defined in Section 223 of the Social Security Act.
Section 1.18 Elderly Household – shall mean a Household that consists of one or two
persons, one of which is a Senior, or otherwise is qualified in accordance with California
Civil Code Section 51.11.
Section 1.19 Emergency Condition – shall mean any condition in the Restricted Unit or
applicable Property that poses an immediate, verifiable threat to the life, health or safety
of the Resident that cannot be repaired or abated within 24 hours.
Section 1.20 Exceptional medical or other expenses – shall mean medical expenses,
and/or unusual expenses, as defined in this Section, which exceed 25 percent of the
gross annual income.
Section 1.21 Executive Director – shall mean the Executive Director of the Palm Desert
Housing Authority.
Section 1.22 Family – shall also mean ‘Household’ within the Plan unless otherwise
stated. See also Household.
Section 1.23 Grievance – A Resident’s or Applicant’s right to seek review of a decision
by an impartial panel concerning the Management Company’s action or failure to act in
accordance with the individual Resident’s lease or the Authority’s policy and procedures
herein described that adversely affect the individual’s rights, duties, welfare, or status.
Section 1.24 HCD – shall mean the Department of Housing and Community
Development for the State of California.
Section 1.25 HOME funds – shall mean financial allocations under a block grant
funding program made available through HUD aimed at fostering public-private
partnerships and increasing the supply of decent, safe, sanitary and affordable housing
with a focus on very low-income and low-income families in accordance with the HOME
Investment Partnerships Program regulations (24 CFR Part 92, as amended).
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Section 1.26 Household – shall mean one or more persons intending to occupy or
occupying the same Restricted Unit, as more particularly described in the Occupancy
Standards Policy. Household shall also mean ‘Family’ within this Plan unless stated
otherwise.
Section 1.27 Household Assets – shall mean those Assets defined under Title 25 CCR
Section 6914 includable as monthly income as prescribed therein.
Section 1.28 HUD – shall mean the U.S. Department of Housing and Urban
Development.
Section 1.29 Income – shall mean income that a person or Household has received or
is expected to receive as more particularly categorized and described below:
Section 1.29.1 Annual Income – shall mean the anticipated total annual income
of a Household from all sources for the 12-month period following the date of
determination of income, computed in accordance with Title 25.
Section 1.29.2 Household Income – shall mean the total of all income received by
a Household which is included under Title 25 CCR Section 6914 less deductions
and exemptions specified therein.
Section 1.29.3 Gross Income – shall have the meaning ascribed to such term in
Title 25 CCR Section 6914, as such regulations may be amended from time to
time.
Section 1.29.4 Maximum Household Income – shall mean the Household income
calculated based on family size that may be equal to but does not exceed 120
percent of the Riverside County AMI. Household incomes exceeding 120 percent
of the Riverside County AMI will not be eligible for the Authority’s program.
Section 1.29.5 Net Income – for the purpose of determining Affordable Housing
Cost or affordable rent, "net income" shall be computed as provided by Title 25
CCR Section 6916, as such regulations may be amended from time to time, as
follows: the annual gross income less $300 for each minor and medical expenses
which exceed 3 percent of the annual gross income and unusual expenses, all
divided by 12.
For the purposes of this Plan, “Income” shall not include the income of Live-In Aides.
For the purposes of this Plan, “Income” shall include any employment, benefits, family
support and additional bank deposits provided to any member of the Household,
except for items listed under subdivision (b) of Title 25 CCR Section 6914, as
such regulations may be amended from time to time.
For the purposes of this Plan, “Income” shall include net income from the operation of a
business or profession (including self-employment).
For the purposes of this Plan, expenditures for business expansion or amortization of
capital indebtedness shall not be deducted to determine the net income from a
business owned by any Household member.
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See also, Income by Unit Allocation, Income Category, Income Level, Low Income
Household, Very Low Income Household, Moderate Income Household, and Qualified
Household.
Section 1.30 Income by Unit Allocation – shall mean the allocation provided by the
Authority to the Management Company for the purposes of blending the Qualified
Household and resident incomes among the properties.
Section 1.31 Income Category – shall mean the average income percentages within
each income level. In the case of Extremely Low and Very Low Income shall include
Household incomes from 20 percent up to 50 percent in the following categories: 20-24,
25-29, 30-34, 35-39, 40-44, 45 up to 50 percent; in the case of Low Income shall include
Household incomes from 51 percent up to 80 percent in the following categories: 51-55,
56-60, 61-65, 66-70, 71-75, 76-80 percent; and in the case of Moderate Income shall
include Household incomes from 81 percent up to 120 percent as one category.
Section 1.32 Income Level – shall mean a Household determined by income to be
either very low, low or moderate income pursuant to the definitions prescribed herein.
Section 1.33 Interested Households – shall mean a person or Household that desires
to apply for tenancy at a Property that contains Restricted Units. See also: Applicant.
Section 1.34 Jurisdiction – shall mean the legal jurisdiction of the Authority, which is
the city limits of the City of Palm Desert.
Section 1.35 Live-in Aide – shall be defined as provided in Title 24 CFR Section 5.403,
and shall mean a person residing with a Seniors or an individuals with disabilities, who
provides essential care services as verified by the Authority, is not obligated for the
support of the Resident(s), and would not be reside in the Restricted Unit except for
providing supportive services. Live-in Aides must (1) certify annually that he or she
qualifies as a Live-in Aide under Title 24 CFR Section 5.403 via affidavit; (2) consent to a
back-ground check by the Management Company; and (3) acknowledgement that he or
she only has right to the Restricted Unit as long as the applicable Resident(s) need
supportive services and remains a Resident of the Restricted Unit.
Section 1.36 Low Income Household – shall mean persons and families meeting the
income qualification limits set forth in California Health and Safety Code Section 50079.5
and Title 25 of the California Code of Regulations Section 6910, et seq., as the case or
context may require, as such statutes and regulations may be amended from time to
time.
Section 1.37 Management Company – shall mean the contracted property
management company for the Authority.
Section 1.38 Medical Expenses – shall mean those medical expenses not included as
extraordinary or unusual expenses, which are to be anticipated during the 12-month
period for which the gross income is computed, and which are not covered by insurance
(however, premiums for such insurance may be included as medical expenses).
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Section 1.39 Minor – shall mean a member of the Household, excluding the head of
household or spouse, who is under 18 years of age.
Section 1.40 Moderate Income Household – shall mean persons and families meeting
the income qualification limits set forth in California Health and Safety Code Section
50093 and Title 25 of the California Code of Regulations Section 6910, et seq., as the
case or context may require, as such statutes and regulations may be amended from
time to time.
Section 1.41 Notice of Denial – shall mean the notice provided to the Household when
it is ineligible, not qualified or is no longer qualified.
Section 1.42 Occupancy Standards Policy – shall mean the occupancy standards for
residential units owned, operated and restricted by the Palm Desert Housing Authority
set forth in Resolution No. HA-84 adopted December 14, 2017, as may be amended
from time to time.
Section 1.43 Plan – shall mean this Administrative Plan (also referred to as the Plan).
Section 1.44 Property – shall mean a multi-family or senior residential apartment
community, or part thereof, that is owned, operated or controlled by the Authority,
including properties listed in Exhibit A, as amended.
Section 1.45 Property Manager – shall mean the individual assigned by the
Management Company to oversee daily operations at a specific affordable residential
property.
Section 1.46 Public Housing Agency – shall mean any State, County, municipal or
other government entity or public body (or agency or instrumentality thereof) that is
authorized to engage in or assist in the development or operation of housing for Very
Low, Low, or Moderate Income Households.
Section 1.47 Qualified Household – shall mean a person or Household whose total
household income does not exceed the limits established by the Plan and who have
provided documentation as required herein to demonstrate he, she or it is qualified to
occupy a Restricted Unit.
Section 1.48 RCHA – shall mean Riverside County Housing Authority.
Section 1.49 Reasonable Accommodation – shall mean a change to a rule, policy, or
practice that allows a person with a disability to use and enjoy their housing. This
includes access to dwelling units, public areas, laundry rooms and parking.
Section 1.50 Rent – shall mean the amount charged for occupying a Restricted Unit,
as outlined in the Rental Rate Policy, or any amendments thereto. The categories are as
follows:
Section 1.50.1 Affordable Rent – shall mean rent calculated in accordance with
Health and Safety Code Section 50053 for Very Low, Low or Moderate-Income
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Households, including a reasonable utility allowance.
Section 1.50.2 Maximum Rent – shall mean the maximum rental rate set for a
particular type of unit at a specific Property, without regard to utility allowance,
based on a bi-annual market survey. Such rate shall be adjusted in the non-
surveyed year by the AMI percentage change as more particularly described in
the Rental Rate Policy or any amendments thereto.
Section 1.50.3 Resident Rent – shall mean the total monthly resident payment to
the Authority as determined by certification, recertification, or outside assistance.
Resident Rent may or may not be the total paid as Unit Rent for a particular unit.
Section 1.50.4 Unit Rent – shall mean the total rent charged for a particular
Authority owned, operated or controlled unit, including those amounts accepted
from a third party for the purposes of rental assistance or housing expense.
Section 1.51 Rent Burdened – shall mean a Household that pays more than 30 percent
of its Household Income for rent and utilities.
Section 1.52 Rental Rate Policy – shall mean the rental rates for residential units
owned, operated and restricted by the Palm Desert Housing Authority set forth in
Resolution No. HA-84 adopted December 14, 2017, as may be amended from time to
time.
Section 1.53 Resident – shall mean a person or Household that has signed a
residential lease to occupy or is currently occupying a Restricted Unit.
Section 1.54 Restricted Units – shall mean Restricted housing unit occupied by a
Qualified Households that is owned by the Authority.
Section 1.55 Senior – shall mean a person who is at least 55 years of age or older.
Section 1.56 Successor Agency – shall mean the Successor Agency to the Palm
Desert Redevelopment Agency
Section 1.57 Title 25 – shall mean Title 25 of the California Code of Regulations
Section 6910, et seq., as it pertains to income and household size for Households
whose income is very low, low or moderate, as may be amended from time to time.
Section 1.58 Unusual expenses – shall be as defined in 25 CCR Section 6912, and
shall mean amounts paid by the Household for the care of minors under 13 years of age
or for the care of disabled or handicapped household members, but only where such
care is necessary to enable a Household member to be gainfully employed, and the
amount allowable as unusual expenses shall not exceed the amount of income from
such employment.
Section 1.59 Utilities – shall include electricity, gas, other heating (including hot water
heating), refrigeration and cooking fuels not paid by the Authority. Utilities may include
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water, trash and sewer if not paid by the Authority. Telephone, Cable, Digital Services
and Internet Connection costs are not included as utilities.
Section 1.60 Utility Allowance – shall mean the amount, updated annually, equal to the
estimate established by the RCHA of the monthly cost of a reasonable consumption of
such utilities and other services described in Title 25 CCR Section 6918(c) for the
Restricted Unit by an energy-conservative Household consistent with the requirements
of a safe, sanitary, and healthful living environment applicable for each unit type and
equipment.
Section 1.61 Veteran – shall mean a person who has served in U.S. Armed Forces at
any time, and was discharged or released under conditions other than dishonorable, as
verified by the Veterans Administration.
Section 1.62 Veterans Preference – shall mean the preference that allows a Wait List
Eligible Household that includes a Veteran to be placed on the applicable priority waiting
list.
Section 1.63 Very Low Income Household – shall mean persons and families meeting
the income qualification limits set forth in California Health and Safety Code Section
50105 and Title 25 of the California Code of Regulations Section 6910, et seq., as the
case or context may require, as such statutes and regulations may be amended from
time to time; provided, however, that such income is at least 20 percent of AMI.
Section 1.64 Wait List Eligible Households – shall mean persons and families who
have provided the documentation and/or information required demonstrating that they
meet the minimum eligibility requirements to be placed on a waiting list. (See Section
3.3)
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Section 2. ABOUT THE PLAN
Section 2.1 PURPOSE OF THE PLAN. The Administrative Plan (the Plan)
establishes guidelines, policies and procedures governing properties owned, operated, or
controlled by the Authority. The plan serves as the management framework to ensure the rental,
improvement, preservation, maintenance and affordability of Authority Restricted Units.
Section 2.2 APPLICABILITY OF THE PLAN. The Plan applies to Interested
Households, Wait List Eligible Households, Qualified Households, Applicants and Residents
applying for or residing in properties listed in Exhibit A and any other properties under the
jurisdiction of or management of the Authority. Unless specified otherwise by Federal or State
funding guidelines, the procedures outlined in the Plan also apply to Residents of Restricted
Unit who receive Federal or State receiving direct or indirect Federal or State funding. In cases
of inconsistency between the Plan and Federal or State laws, such the applicable laws shall
prevail.
Section 2.3 ADMINISTRATOR OF THE PLAN. The Authority is the administrator of
the Plan, regardless of the funding source or ownership of the Restricted Units. The Executive
Director shall have the authority for implementing and administering the Plan’s policies. Where
the Authority has discretion,, the Executive Director or his or her designee has the authority to
approve waivers of existing policies.
Section 2.4 FISCAL RESPONSIBILITIES. Before the start of each fiscal year or as
soon as possible following acquisition of property acquisition, the Authority Board will adopt a
budget for the property. The budget will include a projected revenues and all expenditures,
including management fees prior to any spending. Procurement procedures will adhere to the
City’s policies and applicable law.
Section 2.5 EQUAL OPPORTUNITY. The Authority and its agents shall comply with
all applicable federal, state, and local anti-discrimination laws, including but not limited to: Title
VI of the Civil Rights Act of 1964; Title VIII and Section 3 of the Civil Rights Act of 1968
(amended by the Community Development Act of 1974); Executive Order 11063 as amended in
1992; the Fair Housing Act of 1968, as amended; the Age Discrimination Act of 1975; the
Americans with Disabilities Act (ADA) of 1990; the U.S. Department of Housing and Urban
Development fair housing regulations .
It is the Authority’s policy to comply with any legislation enacted to protect the rights of
Residents, Applicants or staff.
It is the Authority’s policy to post required notices prominently throughout the properties as mandated.
Section 2.6 LIMITED ENGLISH PROFICIENCY. It is the Authority’s policy to ensure
meaningful access to programs, services and documents to limited English proficient (LEP)
individuals. The Authority may translate certain documents related to the Plan as well as those
required by law to assist persons with LEP. Notwithstanding this provision, the English version
of all documents signed by the Resident will govern. Reasonable, necessary steps will be
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provided in order to make certain that no eligible person has their assistance denied, decreased
or terminated simply because they face challenges communicating in English.
Section 2.6.1 ESTABLISHING LANGUAGE ASSISTANCE NEEDS. To
determine the appropriate level of language assistance required at each property, this
includes providing interpreters and, where necessary, translated documents to
applicants and residents ("beneficiaries") at no cost, as required by state law this may
include interpretations as necessary, a four-factor analysis shall be conducted as
follows:
2.6.1.1 Number or Proportion of LEP Persons: The number of LEP
individuals eligible to be served or likely to be encountered at the property.
2.6.1.2 Frequency of Contact: How often LEP individuals interact with the
property’s staff or services.
2.6.1.3 Nature and Importance: The significance of the programs,
activities, or services provided at the property.
2.6.1.4 Resources and Costs: The availability of resources and
associated costs for providing language services.
Section 2.6.2 LANGUAGE ACCESS PLAN
2.6.2.1 Languages Identified. The Language Access Plan (LAP) specifies
the language(s) spoken by the proportionate majority of LEP beneficiaries at
each property.
2.6.2.2 Interpretation Services. All LEP individuals are entitled to
interpretation services, regardless of the language they speak. Staff must provide
interpretation services as needed.
2.6.2.3 Document Translation. Translation of vital documents will be
considered on a case-by-case basis. (a) Whether the document is vital to
ensuring program access or continued assistance for the LEP beneficiary.(b) The
cost implications and resources available to the property
Section 2.6.3 Authorization Process for Document Translations. Document translations must
not be initiated without prior approval from the Management Company Regional Director.
Section 2.6 PROPERTIES. The Plan applies to all Properties currently owned and
operated by the Authority, as listed in Exhibit A as well as any properties or development that
may be acquired, managed, or controlled by the Authority. Some Authority properties are
exclusively designated for Seniors and Elderly Households, while others are available to all
Qualified Households.
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Section 3. FAIR HOUSING – REASONABLE ACCOMODATION
3.1. REASONABLE ACCOMMODATION. Reasonable accommodation can include:(1)
Making changes to the interior of units to meet accessibility requirements, such as placing light
switches at accessible heights and (2) Changing a bathtub to a “walk in” shower.
3.1.1 Management Company cannot require people with disabilities to pay
extra fees or deposits, or impose other special conditions, as a condition of receiving a
reasonable accommodation. Failure to provide a reasonable accommodation may be
considered discrimination.
3.1.2 The Americans with Disabilities Act (ADA) and the Fair Housing Act
(FHA) are laws that seek to ensure equal access to housing opportunities for individuals
with disabilities and other protected classes.
3.2. REQUEST FOR ACCOMMODATION. A resident or an applicant for housing
makes a reasonable accommodation request whenever they make clear to the Property
Manager that they are requesting an exception, change or adjustment to a rule, policy, practice
or service because of their disability. The resident or applicant should explain what type of
accommodation they are requesting.
3.2.1 An applicant or Resident is not entitled to receive a reasonable
accommodation unless they request one. However, the FHA does not require that a
request be made in a particular manner or at a particular time. A person with a disability
need not personally make the reasonable accommodation request; the request can be
made by a family member or someone else who is acting on their behalf. An individual
making a reasonable accommodation request does not need to mention the Act or use
the words “reasonable accommodation.” However, the requester must make the request
in a manner that a reasonable person would understand to be a request for an
exception, change, or adjustment to a rule, policy, practice, or service because of a
disability.
3.2.2 Although a reasonable accommodation request can be made orally or in
writing, it is usually helpful for both the resident and the Property Manager if the request
is made in writing. This will help prevent misunderstandings regarding what is being
requested, or whether the request was made.
3.2.3 A doctor’s note (written within 3 months of the request) is also
required to verify the needs of the reasonable accommodation.
3.2.4 Whether a particular accommodation is reasonable depends on a variety
of factors and must be decided on a case-by-case basis.
3.2.5 The determination of whether a requested accommodation is reasonable
depends on the answers to two questions. First, does the request impose an undue
financial and administrative burden on the Authority? Second, would making the
accommodation require a fundamental alteration in the nature of the Authority's
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operations? If the answer to either question is yes, the requested accommodation is not
reasonable. However, even where a Management Company is not obligated to provide a
particular accommodation because the particular accommodation is not reasonable, the
Management Company is still obligated to provide other requested accommodations or
alternative accommodations to the one initially requested that do qualify as reasonable.
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Section 4. RESIDENT SELECTION AND WAITING LIST PROCEDURES
The Authority has determined that the demand for affordable rental housing exceeds available
supply. To help identify Households that have interest in Restricted Units, waiting lists will be
established for each property as outlined below. Households that meet the eligibility
requirements will be placed on the waiting list based on their income category, household size,
and any allowable preferences.
Section 4.1 WAITING LIST INTEREST REGISTRATION FORM. All Interested
Households must complete a ”Waitlist Application”. The Waitlist Application is used by the
Authority to assess eligibility for placement on the waiting list based on the information provided.
Waitlist Application can be submitted by phone, by mail or email, RentCafe or delivered in
person to the individual property management office.
Section 4.2 ESTABLISHMENT OF WAITING LISTS. Waiting lists will be maintained
for each property, with the exception of Palm Village, Santa Rosa, and Carlos Ortega Villa, for
each Income Category at or below 120 percent of the Riverside County AMI. For Palm Village,
Santa Rosa, and Carlos Ortega Villas waiting lists will be maintained for Income Category at or
below 80 percent of the Riverside County AMI. Waiting lists for transfers will also be separately
maintained for each property in accordance with this Section 3.
Section 4.3 ELIGIBILITY FOR WAITING LIST. To become a Wait List Eligible
Household, and be placed on the waiting list, an Interested Household must meet the income
eligibility requirements based on the Riverside County AMI. The Interested Household will be
required to meet additional permissible criteria established by the Authority under Title 25 which
include but are not limited to:
Section 4.3.1 Must provide Income and Assets information for all Household
members aged 18 or older (excluding for Live-In Aides), ensuring the total does not
exceed the current published Maximum Household Income for the Household size.
Section 4.3.2 Must provide names and ages of all Household members.
Section 4.3.3 Must disclose any allowable preferences and accommodation
needs at the time of interest.
Section 4.3.4 Current address and contact information.
Section 4.4 PLACEMENT ON THE WAITING LIST. All Wait List Eligible Households
will be placed on the appropriate affordable waiting list according to allowable preferences,
qualifying income, household size, and the date/time order the Wait list Application was
received. Wait List Eligible Households must update the information provided to the
Management Company as necessary to maintain eligibility during the wait list period and
continue on the waiting list.
Section 4.5 NOTIFICATION OF AVAILABLE UNIT. Once the Management Company
identifies a Restricted Unit that will become available, Wait List Eligible Households will be
notified by phone or email. In the event that the Management Company cannot reach the Wait
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List Eligible Household by phone or email, the Management Company will provide notification
by U.S. mail. The Wait List Eligible Household will have five (5) business days to respond to
this notification. Failure of the Wait List Eligible Household to respond within the time frame
above will result in removal from the waiting list. It is the Wait List Eligible Household’s
responsibility to keep the waiting list information up to date at all times. In the event contact is
not possible due to insufficient or out of date information, the Wait List Eligible Household will no
longer be deemed ‘eligible’ and will be removed from the waiting list without further notice.
Section 4.6 NOTIFICATION BY WAIT LIST ELIGIBLE HOUSEHOLD OF INCOME
OR HOUSEHOLD CHANGES. Wait List Eligible Household must report any changes to their
income or composition to the Property Manager of the individual property to ensure its
placement on the waiting list under the correct income category and/or Household size. At the
time the updated information is provided, if the revised household income changes the income
category for the Wait List Eligible Household but remains under 120 percent of the AMI, the
Household will remain ‘eligible’ and will be reassigned to the appropriate new income category
while retaining their original placement date on the waiting list. The Wait List Eligible Household
will be notified of the change.
Section 4.7 WAITING LIST MAINTENANCE AND NOTIFICATION OF CONTINUED
INTEREST. Wait List Eligible Household on the waiting list must confirm their continued interest
every year and maintain all information current. The Wait List Eligible Household must notify
the individual property management office at least five (5) days but not more than 60 days
before the one-year anniversary of placement on the waiting list. Failure to notify the property
management office within this time frame will result in removal from the waiting list. The waiting
list will be purged annually of Households that no longer meet the applicable requirements. The
Wait List Eligible Households will alsobe removed from the waiting list for the following reasons:
Section 4.7.1 The Household has been on the waiting list for more than twelve
(12) months without confirming its continued interest ;
Section 4.7.2 The Household fails to respond to a written request for information;
Section 4.7.3 The Household information becomes outdated, making it
impossible for the Management Company to contact the Household;
Section 4.7.4 The Household misses a scheduled appointment without notifying
the property management office to reschedule;
Section 4.7.5 The Household requests in writing to be removed from the waiting
list;
Section 4.7.6 The Household’s income or size has exceeded the limits of the
program;
Section 4.7.7 The Household fails to disclose any allowable preferences and
accommodation needs at the time of interest.
Section 4.7.8 The Household has been removed from a Property waiting list
during an annual purse of the waiting list.
Section 4.7.9 The Applicant has been deemed ineligible previously by the
Authority.
Section 4.7.10 The Household fail to provide any information or documentation
that deems a Wait List Eligible Household to be ineligible (includes the lack of
documentation proving eligibility).
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Section 4.8 ALL UNITS ARE AFFORDABLE. Restricted Units will not be rented to
families with income above the moderate income limit as defined in this Plan. If Restricted Units
are no longer required to be affordable, then those units will be made available on a first come,
first served basis regardless of income and family size, at the maximum rent set forth in the
Rental Rate Policy. Policies outlined in this Plan apply to all Residents regardless of income or
family size.
Section 4.9 PREFERENCES. Each Wait List Eligible Household will be placed on the
appropriate affordable waiting list based on their income category, household size, the Veterans
Preference, court order, and any other preference required under state or federal law. These
preferences must be disclosed at the time as the Interested Household has completed the
Waiting List Application or when they become eligible for such preference, whichever occurs
first. An existing Resident that qualifies for an Emergency Transfer, Disabled Person
Accommodation, Required Transfer, or Medical Transfer pursuant to Section 3.10.4 will be
prioritized over a Waiting List Eligible Household.
Section 4.10 SELECTION FROM THE WAIT LIST UPON UNIT AVAILABILITY.
Notwithstanding Section 3.10.4 herein, when a vacancy occurs, a Restricted Unit becomes
available after restoration, or a Resident submits a 30 day notice, a Wait List Eligible Household
will be selected to apply as an Applicant for tenancy in the following manner: first from the
appropriate income waiting list that satisfies the property’s Income by Unit Allocation, then by
household size appropriate for the Restricted Unit in accordance with the Occupancy Standards
Policy.
The household income of an Applicant at the time a Restricted Unit becomes available
will be used to determine the appropriate income category for the Applicant. If at the time a
Restricted Unit becomes available, the Applicant’s income is different than the waiting list
income category they are selected from, they will be returned to a ‘Wait List Eligible Household’
status and placed on the appropriate income category waiting list in accordance with the waiting
list procedures. The Household will be placed at the ‘bottom’ of the new income category list
and notified of the change.
If there are no Wait List Eligible Households in the appropriate income category for the
available Restricted Unit, the next Wait List Eligible Household will be selected from the next
lower income category or an income category of need for housing.
Upon being selected to apply for tenancy the Applicant will then be required to complete
the application process to determine whether they are a Qualified Household under the Plan
as more particularly described in Section 4 and 5.
Section 4.10.1 Property Income Composition and Income by Unit
Allocation. The Authority may periodically adjust the Resident Income composition of
the property to ensure that no single income level is overly concentrated in a given
Property. Selection of Residents will be made in a way that promotes a diverse,
economically balanced community and ensures decent, safe and sanitary housing. This
process is managed through an allocation system called Income by Unit Allocation.
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Section 4.10.2 Unit Under/Over Utilization. To prevent overcrowding and
underutilization of Restricted Units, Households will be selected according to the
Occupancy Standards Policy.
Section 4.10.3 Offer and Acceptance of a Restricted Unit. Once an
Applicant is deemed a Qualified Household, the Household will be offered an available
Restricted Unit appropriate for the household composition. The Qualified Household has
an option to accept or decline once, without affecting their position on the waiting list. A
Qualified Household that declines more than one offer, they will be removed from the
waiting list, unless the refusal is based on disability or other legally protected reasons.
The Authority will consider individual Household’s needs and Fair Housing
guidelines when identifying suitable Restricted Units.
Upon acceptance, the Qualified Household will be notified, by telephone and
email or in writing of the anticipated availability. After accepting the Restricted Unit, the
Qualified Household will be removed from the waitlist for all other Authority
Communities.
Section 4.10.4 Unit Availability and Transfers. The type of Restricted Unit
that becomes available will determine whether the next Wait List Eligible Household is
selected or if special accommodation are made, including transfers for existing Resident.
When a Restricted Unit becomes available, existing Resident that qualifies for an
Emergency Transfer, Disabled Person Accommodation, Required Transfer, or Medical
Transfer will have priority over a Waiting List Eligible Household. Emergency Transfers
will have first priority when an appropriate Restricted Unit becomes available. If no
existing Resident requests and qualifies for an Emergency Transfer when an appropriate
Restricted Unit becomes available, Disabled Person Accommodations, Required
Transfers and Medical Transfers will have priority in that respective order. Requested
Transfers will be added to the bottom of the appropriate waiting list for the requested
property unless the request is being considered both by management and the Resident
for purposes of mutual benefit to the parties.
4.10.4.a Emergency Transfer: A transfer of an existing Resident
that is necessary due to an urgent, emergency situation.
4.10.4.b Disabled Person Accommodation: A reasonable
accommodation in accordance with the Americans with Disabilities Act, Section
503 of the Rehabilitation Act of 1973, the Fair Housing Act or applicable state
disability laws.
4.10.4.c Required Transfer: A mandatory transfer when a
Resident’s Restricted Unit no longer meets the Authority’s occupancy standards,
is undergoing rehabilitation, or is being demolished
4.10.4.d Medical Transfer: A transfer due to a verifiable medical
reason.
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4.10.4.e Requested Transfers: A transfer requested by an existing
Resident to alleviate hardship such as reducing the distance to their workplace or
any other requested transfer at the Authority’s discretion. All costs associated
with a requested Transfer are the responsibility of the Resident.
Emergency Transfers will have first priority when an appropriate Restricted Unit becomes
available. If no existing Resident requests and qualifies for an Emergency Transfer when an
appropriate Restricted Unit becomes available, Disabled Person Accommodations, Required
Transfers and Medical Transfers will have priority in that respective order. Existing residents
requesting transfers will be placed at the bottom of the appropriate waiting list, unless
management and the resident mutually agree to a transfer beneficial to both parties.
Section 4.11 Conflicts Prohibited. No employee, contractor, subcontractor, or
agent of the Authority involved in formulating policy or influencing decisions regarding the
Properties and programs governed by this Plan, nor their immediate family members may
apply for or occupy a Restricted Unit within the Properties governed by this Plan during their
employment or for one year after their employment ends. For this Section, “immediate
family member” means spouse, domestic partner, child, stepchild, sibling, and others
defined by law.
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Section 5. APPLICATIONS AND HOUSEHOLD QUALIFICATION
Once a Wait List Eligible Household is selected as an Applicant in accordance with Section 3,
the Applicant must submit a completed application, in a format acceptable to the Management
Company. This application must include all required documentation, verifications, authorizations
and certifications as outlined in this Section.
Section 5.1 APPLICATION. The completed application will require that the Applicant
provide the following:
Section 5.1.1 Contact Information. Current address and contact information for
the Applicant.
Section 5.1.2 Income. All Household members over 18 (except for Live-In
Aides), must submit income documentation, which may include but is not limited to tax
returns, pay stubs, bank statements, unemployment earnings, Social Security or
disability earnings statements, and any other records requested by the Authority.
Contributions or gifts from outside sources must be documented in an affidavit and
recertified annually.
5.1.2 (a). Except as provided in subdivision (b), all payments from all
sources received by the family head (even if temporarily absent) and each
additional member of the family household who is not a minor shall be included in
the annual income of a family. Income shall include, but not be limited to:
(1) The gross amount, before any payroll deductions, of wages
and salaries, overtime pay, commissions, fees, tips and bonuses;
(2) The net income from operation of a business or profession or
from rental or real or personal property (for this purpose, expenditures for
business expansion or amortization of capital indebtedness shall not be
deducted to determine the net income from a business);
(3) Interest and dividends;
(4) The full amount of periodic payments received from social
security, annuities, insurance policies, retirement funds, pensions,
disability or death benefits and other similar types of periodic receipts;
(5) Payments in lieu of earnings, such as unemployment and
disability compensation, worker's compensation and severance pay (but
see subdivision (b)(3)).
(6) Public Assistance. If the public assistance payment includes
an amount specifically designated for shelter and utilities which is subject
to adjustment by the public assistance agency in accordance with the
actual cost of shelter and utilities, the amount of public assistance income
to be included as income shall consist of:
(A) The amount of the allowance or grant exclusive of the amount
specifically designated for shelter and utilities, plus
(B) The maximum amount which the public assistance agency
could in fact allow for the family for shelter and utilities,
(7) Periodic and determinable allowances such as alimony and
child support payments, and regular contributions or gifts received from
persons not residing in the dwelling;
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(8) All regular pay, special pay and allowances of a member of the
Armed Forces (whether or not living in the dwelling) who is head of the
family or spouse (but see subdivision (b)(5)).
Where a family has net family assets in excess of $5,000, income
shall include the actual amount of income, if any, derived from all of the
net family assets or 10 percent of the value of all such assets, whichever
is greater. For purposes of this section, net family assets means value of
equity in real property other than the household's full-time residence,
savings, stocks, bonds, and other forms of capital investment. The value
of necessary items such as furniture and automobiles shall be excluded.
5.1.2 (b) The following items shall not be considered as income:
(1) Casual, sporadic or irregular gifts;
(2) Amounts which are specifically for or in reimbursement of the
cost of medical expenses (including, without limitation funds
received as flex benefits from an employer that are actually used
for medical expenses);
(3) Lump-sum additions to family assets, such as inheritances,
insurance payments (including payments under health and
accident insurance and worker's compensation), capital gains and
settlement for personal or property losses;
(4) Amounts of educational scholarships paid directly to the
student or to the educational institution, and amounts paid by the
government to a veteran for use in meeting the costs of tuition,
fees, books and equipment. Any amounts of such scholarships, or
payments to veterans not us
ed for the above purposes of which are available for subsistence
are to be included in income;
(5) The special pay to a serviceman head of a family away from
home and exposed to hostile fire;
(6) Relocation payments made pursuant to federal, state, or local
relocation law;
(7) Foster child care payments;
(8) The value of coupon allotments for the purchase of food
pursuant to the Food Stamp Act of 1964 which is in excess of the
amount actually charged the eligible household;
(9) Payments received pursuant to participation in the following
volunteer programs under the ACTION Agency:
(10) National Volunteer Antipoverty Programs which include
VISTA, Service Learning Programs and Special Volunteer
Programs.
(11) National Older American Volunteer Programs for persons
aged 60 and over which include Retired Senior Volunteer
Programs, Foster Grandparent Program, Older American
Community Services Program, and National Volunteer Program to
Assist Small Business Experience, Service Corps of Retired
Executive (SCORE) and Active Corps of Executives (ACE).
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5.1.2 (c) Proof of Income is required of all occupants over 18 (except for
Live-In Aides), this includes but is not limited to: Last three (3)
consecutive pay stubs (current & consecutive), Social Security
Award Letter (within 60 days), Unemployment Claim Award Letter
(current), 2 years Tax returns if self-employed (current), Child
support documents (current), County Assistance (Cal-Works,
current letter), Retirement Income.
Section 5.1.3 Assets. Asset information for all Household members over the
age of 18 (except for Live-In Aides) which includes but is not limited to documentation of
any interest in real property other than a primary residence, three (3) months’ bank
statements for all accounts savings accounts records, and current statements for
stocks, bonds, crypto currency, CD accounts or money market account, full copy of life
insurance policy, and other forms of capital investments.
Section 5.1.4 Affordable Requirements. Necessary documentation to verify
affordable criteria has been met by all Household members in accordance with Section
4.3.
Section 5.1.5 Applicant Lease Requirements. Necessary documentation to
verify applicant lease requirements have been met by all Household members in
accordance with Section 4.2.
Section 5.1.6 Identification. Proof of identification, birth documents for each
family member, and a current driver’s license, or equivalent, for copying.
Section 5.1.7 Consent/Verification Forms. All Household members over the
age of 18 must authorize the Authority, through written authorization or signed consent
form, to verify or obtain information regarding Income, Assets, Resident history, conduct
background checks (including criminal) and obtain credit reports. All Household
members who authorize the release of information or background checks have the right
to privacy in accordance with federal law.
Section 5.1.8 Application Fee. Except as provided in that certain Stipulation for
Entry of Judgment, Riverside County Superior Court Case No. INDIO 51124, each
Applicant and every Household member over 18 years or older shall pay a non-
refundable one-time application fee. The Executive Director shall establish the
application fee annually concurrently with the annual rental rates as more particularly
described in the Rental Rate Policy.
Section 5.1.9 Other Information. Any other information reasonably deemed
necessary by the Authority to determine eligibility.
Section 5.2 APPLICANT LEASE REQUIREMENTS. The following lease requirements
will apply to all members of Interested Households, Wait List Eligible Households, and
Applicants:
Section 5.2.1 Age Requirements. Lease holder(s) must be 18 years or older.
All household member(s) 18 years or older (except for Live-In Aides) must sign the lease
for the Restricted Unit and comply with all requirements of the Plan.
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Section 5.2.2 Income History/Verification. Lease holder(s), must provide proof
of income. If the Lease holder(s) are retired or receiving government assistance, they
must submit an award letter. If Lease holder(s) are employed, they must submit three
months of pay stubs.
Section 5.2.3 Self-Employment. Lease holder(s) that are self-employed must
provide a complete copy of the previous year’s personal tax returns, copies of business
and personal bank statements for the six months, and a profit and loss statement prior to
the submittal of the completed application.
Section 5.2.4 Lease Income Requirement. Lease holder(s)must have an
income of at least 2 ½ times (250 percent) the rental rate for the Restricted Unit at the
time of application, but not less than 20 percent of the AMI.
Section 5.2.5 Rental History. Must provide 3 years of verifiable rental history.
Rental history can be verified by a notarized letter from a prior landlord, proof of payment
(i.e., cancelled checks), or similar documentation.
Section 5.2.6 Criminal Background Check. A nationwide criminal background
check is required for all Household members over 18(minimum criteria in accordance
with Exhibit B). The Authority enforces a Zero Tolerance Policy for drug-related and
violent criminal activity (see Exhibit E). Any conviction related to such offenses, or any
behavior that threatens Residents’ safety and peaceful enjoyment, will result in
application denial.
Section 5.3 AFFORDABLE QUALIFICATION REQUIREMENTS. All Households
must meet the affordable qualification requirements listed in this Section as well as those lease
requirements listed under Section 4.2 in order to become a Qualified Household under this Plan.
Section 5.3.1 Household Income Criteria. Households applying for tenancy in a
Restricted Unit must have a Household Income (not including that of Live-in Aides) of
not less than 20 percent of the AMI and not more than 120 percent of the AMI.
Household Income will be categorized as very low, low, or moderate pursuant to the
definitions applied herein.
Section 5.3.2 No Ownership in Real Property or Mobilehomes. No intended
occupant of the Restricted Unit may have owned real property that includes a habitable
dwelling unit within the last two years. The only allowable exception is where the
Applicant has filed court documents for dissolution of marriage or legal separation.
Proof of the court’s disposition as to the habitable dwelling unit must be submitted to the
Management Company upon receipt by Applicant. Proceeds from the sale of real
property will be considered as part of the Household Income pursuant to Title 25.
Section 5.3.3 Certification And Recertification Of Eligibility. Applicants and/or
Residents must agree to provide the documentation prior to lease signing and again
prior to lease renewal to certify that the Household remains eligible within these
guidelines.
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Section 5.3.4 Proof Of Income. Proof of Income is required of all occupants over
the age of 18 (except for Live-In Aides).
Section 5.3.5 Changes In Income. Applicants and Residents must agree to
notify management of any increase or decrease in monthly Household Income in excess
of 30 percent.
Section 5.3.6 Primary Residence Requirement. Applicants must agree that the
Restricted Unit will be the primary and sole residence of all occupants listed on the lease
agreement.
Section 5.3.7 Other Housing Assistance. Applicants, Residents, or Households
receiving other housing assistance must disclose the source and amount at the time of
application or immediately upon receiving such aid. Resident rent will be adjusted
accordingly. Households in this category follow the same waitlist policies and
procedures.
Section 5.4 CREDIT CHECKS, BACKGROUND CHECKS, AND DOCUMENTATION
VERIFICATIONS. Pursuant to Section 4.1.7, all Household members over the age of 18 are
required to sign documents authorizing the Management Company to complete a review of the
requirements of this Section. The Management Company is required to follow state and federal
regulations when conducting credit checks, background checks, and document verification
for prospective Residents. These processes help ensure that applicants meet the eligibility
criteria for affordable housing programs, while also maintaining fairness, transparency, and
compliance with housing laws.
Section 5.4.1 Applicant Certifications and Verifications:
5.4.1.a Authorization for Release of Information Form. California
Consumer Credit Reporting Agencies Act (CCRAA) requires written
consent from the applicant before conducting a credit check, and
applicants are entitled to receive a copy of the credit report if requested.
5.4.1.b Application and/or Resident Income Certification. Consideration of
Credit History, while the credit report may be reviewed, California law
prohibits from automatically denying applicants based solely on poor
credit. The credit report should be used as one factor among others, such
as income, rental history, and compliance with program requirements.
5.4.1.c Exemptions. Applicants with no credit history or those who
have faced economic hardships may be considered on a case-by-case basis, allowing
for alternative screening criteria.;HUD defines economic hardship as follows:
5.4.1.c (i) An individual or family with an annual income below 30 percent of
median family income for the area.
5.4.1.c (ii) Temporary hardship requires reinstating the minimum rent and offering
a reasonable repayment agreement.
5.4.1.c (iii) Long-term hardship suspends the minimum rent until it ends.
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5.4.1.c (iv) Financial hardship includes loss of eligibility for federal, state, or local
assistance programs.
5.4.1.c (v) Hardship requests must follow specific criteria and procedures.
5.4.1.d Certification and Release of Information. Applicants for a
Restricted Unit must provide the following certifications and authorizations to ensure that
all information submitted is accurate and complete and to comply with applicable laws
and regulations.
5.4.1.d (i) The Applicant must certify that all information provided
in the application is true and complete. This includes the responsibility to report
any changes in Income, Household composition or any other factors that may
affect eligibility. Additionally, the applicant must confirm that any prior housing
assistance has been fully disclosed and that the Restricted Unit will not be a
duplicate residence (i.e., not claiming multiple units as primary residence). The
Applicant acknowledges that providing false or misleading information could
result in criminal and administrative actions, including fines or disqualification
from receiving assistance.
5.4.1.e Release of Information for Rental Verification. The Applicant
must authorize the release of information from their current or previous landords to verify
rental history, including but not limited to payment history, lease compliance, and rental
references. This release is necessary for the Management Company to confirm the
applicant's qualifications for the Restricted Unit.
4.4.1.f Certification of Child Support Income. The Applicant must certify
whether they receive child support Income. If child support is received, the Applicant is
required to disclose the total amount of Income received from child support . If no child
support income is received, the applicant must provide certification to this effect. Any
discrepancies or omissions in reporting child support income may affect eligibility or
result in corrective actions.
5.4.1.g Certification of Alimony, Family Support, or Additional Deposits.
The Applicant must certify whether they or any member of the Household receive
alimony, family support, or other forms of financial assistance not already disclosed in
Income. if applicable, any additional sources of Income, including bank deposits or other
financial contributions, must be disclosed and (e.g., bank statements, court orders, etc.)
must be provided to substantiate the claims. This ensures that all financial resources are
considered in determining eligibility.
5.4.1.h Other Required Certifications or Verifications. The Applicant
agrees to complete any additional certification or verification forms that the Management
Company deems necessary to meet the requirements of the affordable housing
program. This may include documents related to income verification, residency status, or
other factors affecting eligibility.
Section 5.4.2 Credit Reports/Background Checks. In accordance with Exhibit B,
credit reports and background checks will be obtained for all Household members aged
18 years or older in as part of the eligibility determination process for a Restricted Unit.
The information provided these reports will be used to assess the Applicant suitability for
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housing. Any one or more of the following findings for any of the intended occupants
may result in the denial of the rental application or continued tenancy.
5.4.2.a Amounts Owed to Government Entities. Any outstanding
amounts owed to any Public Housing Authority (PHA),or any Federal, State or Local
housing assistance programs, may result in the denial of the application. Applicants are
required to disclose all prior housing assistance debts, including those owed to any
housing authority or assistance program.
5.4.2.b Fraud in Connection with Housing Assistance Programs. Any
history of fraud or misrepresentation involving any Public Housing Authority, or Federal,
State, or Local housing assistance programs will result in the denial of the application.
This includes instances of providing false information or concealing information related
to housing assistance.
5.4.2.c Eviction from Agency-Controlled Property. An eviction from any
Agency property, Authority property, Public Housing Authority, or property under the
control of the Agency, Authority or Public Housing Authority at the time of tenancy will be
considered grounds for denial. This includes any evictions from properties managed or
owned by the housing provider or any affiliated authority.
5.4.2.d Eviction from Other Rental Housing. An eviction from any
previous rental housing, including private rentals or other public housing, may result
in the denial of the application if deemed relevant to the applicant's ability to maintain
tenancy.
5.4.2.e Violation of the Authority’s Zero Tolerance Policy. Any conviction
for activities that violate the Authority’s Zero Tolerance Policy (as outlined in Exhibit E)
will result in denial. This includes, but is not limited to, violent crimes, drug offenses, or
other activities that threaten the safety and well-being of the housing community.
5.4.2.f Sex Offender Registration. Any person who is subject to a
lifetime registration requirement under a Federal, State or County sex offenders’
registration program will be denied tenancy. Due to the proximity of Restricted Units to
schools and playgrounds, individuals subject to a temporary or permanent registration
requirement under such programs will be denied during such registration period, as
required by law.
5.4.2.g Falsification of Identification. Falsification or manipulation of
identification documents (including but not limited to birth certificates, government issued
identification, driver licenses, social security numbers or cards, and any other official
documents) will result in the denial of the application. Any attempt to use fraudulent
documents will be taken seriously and may lead to legal action.
5.4.2.h Falsification or Concealment of Income or Asset. Applicants who
falsify or conceal Income, Assets or related documentation for the purpose of obtaining
housing assistance or qualifying for a Restricted Unit will have their application denied.
Full and accurate financial disclosure is required for eligibility.
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5.4.2.i False Statements or Omissions During Application Process. Any
false statements or willful omissions made at any point during the application process,
eligibility determination, or tenancy, with the intent to mislead or obtain housing
assistance fraudulently, will result in the denial of the application and potential criminal
actions..
5.4.2.j Outstanding Judgement or Bankruptcy Filings. Any outstanding
judgments, or bankruptcies filed within two (2) years prior to the submission of the
completed application will be considered ineligibility factors. This includes personal or
business bankruptcies and any legal judgments that have not been resolved.
Section 5.5 ADDITIONAL DOCUMENT SUBMITTAL. After submitting the initial
application, any additional documents reasonably required by the Management Company must
be provided within ten (10) days of the request. If the Eligible Household is unable to obtain the
required documents within this timeframe, a one-time extension of ten (10) days may be
requested. Failure to submit, authorize, or obtain the necessary documentation or background
checks within the specified or extended timeframe will result in the denial of the application. In
the event of a denial pursuant to this Section, the Household may contact the Property Manager
and request to be added to the bottom of the appropriate waiting list as an Interested
Household.
Section 5.6 APPLICATION ACCURACY. All information provided in the completed
application must be accurate and complete to the best of the Applicant’s knowledge.
Discrepancies, omissions, or inaccuracies in the application may result in the denial of
application or, if discovered later, termination of tenancy. Applicants are advised to carefully
review all submitted information to ensure compliance.
Section 5.7 APPLICATION APPROVAL/DENIAL. Upon receipt of a completed
application, the Management Company will conduct a thorough review, including verifications of
Income, Assets, rental histories, background checks and credit reports. If the Applicant satisfies
all the requirements, the Applicant will be notified of approval for tenancy via phone, mail or
email, with written confirmation provided thereafter. At this stage, the Household will be
officially deemed a Qualified Household.
If the application is denied, the Applicant will receive written notice of ineligibility including
specific reasons for the denial. The Applicant has the right to dispute the denial, by responding
within ten days of the notices mailing date. Upon receiving a dispute, the Management
Company will conduct an individualized assessment of the Applicant’s claims to ensure that (1)
the application was evaluated objectively and without bias, and (2) the denial was based on
correct and verified information.
If the application is denied, the Applicant will receive a written notice of ineligibility, including
specific reasons for the denial.
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Section 6. LEASING POLICIES AND PROCEDURES
The Authority operates the Restricted Units with leasing standards that will ensure the continued
success of our affordable programs as well as comply with fair housing laws. The Authority and
its representatives, including Management Company personnel, will not discriminate against
any person on the basis of race, creed, color, sex, religion, national origin, familial status, sexual
orientation, political beliefs, disability, handicap, or any other status that is protected under
federal or state law. Prior to admission into a Restricted Unit, all adult Household members that
will be residing in the Restricted Unit must sign a lease.
Section 6.1 RESIDENTIAL LEASE AND ADDENDA. Once an Applicant qualifies
becomes a Qualified Household, the Household members listed in Section 5 shall sign a
residential lease. The lease may include addenda that meet the requirements of this Section,
and these addenda will be considered part of the lease. A unit may not be occupied without a
fully executed lease. The lease becomes enforceable only after all parties have signed.
The residential lease will include the following information:
Section 6.1.1 Lease Term and Effective Dates. This section outlines the start
and end dates or the term of the lease.
Section 6.1.2 Parties to the lease. This section lists all individuals included in the
lease, categorized as either adults or minors.
Section 6.1.3 Unit location. This section specifies the apartment number or
location of the unit.
Section 6.1.4 Maximum occupancy. This section indicates the maximum
number of occupants allowed in the units.
Section 6.1.5 Lease Terms. This section includes details such as the rental rate,
due dates, late fees, returned check charges, payment methods, locations for submitting
rental payments, prorations, deposit requirements, cable cost, gate access, utility
payment requirements or adjustments, and any rent incentives that may apply.
Section 6.1.6 The policies of the property as updated from time to time, also
known as the House Rules and Regulations, which may address ̶ among other things ̶
the following topics:
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Antenna & Satellite Dish
Balconies/Patios/Windows
Cleaning of Bathtub/Blinds &
Windows/Carpet/Premises
Countertops
Community Amenities
Crime Free & Drug Free Housing
Dress in Public Areas
Earthquake Procedures
Electric Personal Assistive Mobility Devices
(Scooters & Wheelchairs)
Emergency Information Sheet
Energy and Water Conservation
Fire Procedures
Garbage Disposal
Guest and Occupancy
Income Recertification
Inspections
Insurance
Laundry
Light Bulbs
Locks and Keys
Maintenance – Fault Repairs
Modifying the Premises
Mold
Moving Out
Only Place of Residence
Parking
Peaceful Enjoyment
Package Delivery
Parking
Peaceful Enjoyment
Plumbing
Radios and Television
Pest
Shopping Carts
Smoke Detectors/Alarms
Smoke-Free Apartment
Telephones
Use
Vacations
Waterbeds
Section 6.1.7 Acknowledgment of Rules and Regulations. All Residents and
members of the Household over the age of 18 must acknowledge receipt of these rules and
regulations.
Section 6.1.8 Violations. The Management Company will notify Residents in
writing of any violations of the House Rules, Lease Agreement, or any other applicable
regulations, as required by law.
Section 6.2 RESIDENTIAL LEASE POLICIES AND NOTICES.
Section 6.2.1 Policies for vacatingnotices.
Section 6.2.2 Policies regarding condemnation.
Section 6.2.3 Policies regarding attorney’s fees and costs.
Section 6.2.4 Notification of laws, like Megan’s Law, lead-based paint, and
mold regulations.
Section 6.2.5 Policies for affordable housing program participation, such as
annual recertification.
Section 6.2.6 Policies on maintenance, Restricted Units acces, smoke
detector/alarm responsibilities, and definitions of normal wear and tear.
Section 6.2.7 Policies on standard and emergency maintenance.
Section 6.2.8 Policies on renter’s insurance and personal property.
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Section 6.2.9 Signatures required of both the Resident(s) (and all members )
and Management Company representative.
Section 6.3 LEASE DEPOSITS. Balance of deposit, move-in prorates and the first
full month of rent must be in the form of a money order or cashier’s check.
Section 6.4 LEASE PAYMENTS AND LATE CHARGES. Rent payments and late
fees are to be made at the location specified in the lease agreement.
Section 6.4.1 Rent is due on the first day of each month.
Section 6.4.2 Rent is considered late after 5:00 p.m. PST on the 5th day of each
month unless otherwise specified.
Section 6.4.3 Late fees apply after 5:01 p.m. PST on the 5th day of each month.
Section 6.4.4 Rent and fees must be paid by personal check (if no “non-
sufficient funds” checks have been issued in the previous three months), money order,
or cashier’s checks directly to the management office.
Section 6.4.5 Payments will be accepted only at the location outlined in the
lease, unless otherwise specified in writing at least ten (10) days beforethe rent due
date.
Section 5.5 LEASE ADDENDA IN WRITING. Any changes or addition to the lease
must be in writing and signed by both parties. Oral modifications will not be valid.
Section 6.6 LEASE MODIFICATIONS. Changes to the lease may be made to reflect
changes in the affordable program, applicable laws or policy clarifications.
Section 6.7 PRE-OCCUPANCY INSPECTION. Before move-in an authorized
representative of the Management Company and an adult Household member will inspect the
Restricted Unit and complete a move-in inspection form, noting the conditions of the Restricted
Unit will be signed, and filed in Applicant file.
Section 6.8 RENTAL RATES.
Section 6.8.1 Setting Rental Rates. Rents will be established annually as set
forth in the Rental Rate Policy.
Section 6.8.2 Rental Rents Based on Standard Occupancy. Rental Rents will
follow the California Health and Safety Code Section 50053 guidelines, as it relates to
standardized occupancy based on unit size, (e.g., one person in the case of a studio
unit, two persons in the case of a one-bedroom unit,, etc.). Actual occupancy will align
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with the Occupancy Policy.
Section 6.8.3 Household Rent. Individual Household rent shall be established
for a Qualified Household after compilation of all Household members’ sources of
Incomes, Assets and allowable deductions, and proper notification.
Section 6.9 MAINTENANCE AND ENTRY TO RESTRICTED UNITS.
Section 6.9.1 Inspection. The Management Company or its agent or agents
shall be allowed to enter the apartment as provided by state law. Upon 24-hour notice,
an authorized representative of the Management Company may enter to inspect the
condition of the premises and/or appliances therein. In the event of an emergency, an
authorized representative of the Management Company has the right to enter the
Restricted Unit without notice.
Section 6.9.2 Service Request. It is the Resident’s responsibility to call in all
service requests to the property office location. Residents must allow maintenance staff
permission to enter the Restricted Unit to perform a maintenance request in the event
the Resident is not home or schedule an appointment during the maintenance hours
Monday through Friday, between 8:00 a.m. and 5:00 p.m. All service requests will be
responded to within a 24-hour period. After hours emergency service is available.
Section 6.10 LEASE RENEWALS. Leases under consideration for renewal by the
Management Company must be renewed prior to the stated expiration of the residential lease or
the Resident reverts to a month-to-month tenancy at the maximum rental rate for the Restricted
Unit.
Leases under consideration for renewal by the Management Company for Residents
that were previously deemed a Qualified Household must recertify their eligibility status annually
in accordance with Section 6 below.
Section 6.11 NO SUBLETTING. The leases shall prohibit subleasing of Restricted
Units in whole or in part.
Section 6.12 LIVE-IN AIDES. A Live-In Aide will be allowed, provided he or she is
essential to the care and well-being of an elderly or disabled person who resides within a
Restricted Unit. The Live-In Aide will be subject to this Plan except where noted and will be
required to sign a consent for the purposes of a background check and an affidavit certifying
annually that he or she qualifies as a Live-in Aide under Title 24 CFR Section 5.403. The Live-
In Aide will also acknowledge acceptance of the terms of occupancy in a Restricted Unit. The
addition of a Live-In Aide must not overcrowd the Restricted Unit as prescribed in the
Occupancy Standards Policy.
Section 6.13 ANIMALS. The leases shall require Residents to comply with the Animal
Policy (attached as Exhibit D).
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Section 6.14 RESIDENTIAL LEASE ENFORCEMENT.
Property Management shall enforce the terms of the Residential Lease as they
apply to the eviction policies and procedures.
Section 6.2.2.a Cases involving nonpayment of rent shall be handled as
follows:
6.2.2.a (i) Residents having financial problems that affect payment
of their rent may be referred to an appropriate social agency for assistance with
remedying their problems. Any rent payment workouts resulting from the above will be in
writing and signed by the Community Manager and by the resident(s). Such
documentation will become part of the resident's permanent file.
6.2.2.a (ii) Notwithstanding the above, residents who do not pay
their rents by the fifth day of the month shall receive a three (3) day notice to pay or quit.
Such notice shall be in accordance with the appropriate State Code of Civil Procedures.
If the notice is not complied with and the Community Manager is unable to work out a
suitable rent payment program with the resident, an unlawful detainer action will be filed
and the matter will be referred to a professional eviction service or attorney specializing
in this area of the law. Once such procedures are initiated, the eviction process should
take between thirty (30) and sixty (60), days.
Section 6.2.2.b Cases involving a violation of the Residential Lease or
House Rules shall be handled as follows:
Section 6.2.2.b (i) The Community Manager's staff will keep
residents advised, through newsletters, reminder posters, or written warning
notices, of policies in place at “The Apartments”. Management staff will work with
residents and enlist the support of service agencies as required to prevent
recurrent violations. Evictions will take place as a last resort.
Section 6.2.2.b (iii) Residents shall receive, in person or by U. S.
mail, written notice of minor infractions of the Lease and House Rules. The initial notice
shall advise residents that such infractions are violations of the Lease and/or House
Rules and that upon issuance of the third warning notice for the same violation,
management will issue a 60-day notice of Intent to Terminate Tenancy.
Any notice of termination or eviction shall contain a statement of the facts
constituting the cause for the termination or eviction and a statement of the resident's rights
under the grievance and appeal procedure if applicable.
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Section 7. RECERTIFICATION REQUIREMENTS
Section 7.1 REQUIRED ANNUAL RECERTIFICATION. Qualified Households with a
current lease will be required to recertify annually to ensure the Household remains a Qualified
Household. Failure to recertify will result in the termination of tenancy.
Section 7.1.1 Recertification Appointments. The Management Company will
schedule recertification appointments with the Resident to collect the necessary Income
and Household documentation. The appointments will be set in advance of the lease
renewal date to provide proper notice of any rent adjustments. If a Resident fails to
provide required documentation within two weeks of the request, they will be notified of
that assistance will be discontinued and the rent will revert to the maximum rental rate at
the end of the lease term. Upon the expiration of the residential lease, the Resident will
revert to a month-to-month tenancy at the maximum rental rate for the Restricted Unit for
a period of not more than six (6) months at which time, with proper Notices having been
given, the Resident will vacate.
Section 7.1.2 Recertification Documentation. The Management Company will
require necessary documentation to recertify the Household as a Qualified Household,
including but not limited to:
7.1.2.a Updated Income documentation for all household members over
t18 (excluding Live-In Aides), including tax returns, pay stubs, bank statements,
unemployment statements, and disability/ social security statements.
7.1.2.b Updated Assets documentation for all Household members over
18 (excluding Live-In Aides), including real property interests, savings accounts, stocks,
bonds, and other investments.
7.1.2.c Documentation verifying that all Household members meet
affordable housing criteria in Section 5.3.
7.1.2.d Documentation confirming that all Household members meet
lease requirements in Section 5.2.1 through 5.2.6.
7.1.2.e Proof of identification for all Household members (as required in
Exhibit B)
7.1.2.f Authorization forms allowing the verification Income, Assets,
identification and employment for all Household members over 18. Residents’ privacy
rights under federal laws apply.
7.1.2.g Any additional documentation the Management Company
deems necessary to determine eligibility.
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Section 7.1.3 Annual Recertification Confirmation as a Qualified Household. Once all required
recertification documentation is received, the Management Company will confirm whether the
Household remains qualified. If a Household Income changes, the lease will be adjusted to
reflect the new Income Category. If a Household no longer qualifies, they will transition to a
month-to-month tenancy at the maximum rental rate for up to six months, after which, with
proper notice, they will be required to vacate, unless limited by other federal, state, local or
funding guidelines.
Section 7.2 CIRCUMSTANTIAL OR INTERIM RECERTIFICATION. A circumstantial
or interim recertification may be required on a case-by-case basis, as determined by the
Management Company. This may initiate a new anniversary date However, no circumstantial or
interim recertification will be conducted within the first twelve (12) months of tenancy.
Recertification may occur for the following reasons:
Section 7.2.1 Changes in Household Size. Changes in Household size, if
anticipated to last 60 days or more.
Section 7.2.2 Change of Household Income. Changes in household Income, if
they an increase or decrease exceeds 30%, and is anticipated to last for 60 or more.
Section 7.2.3 Temporary Recertification. Temporary recertification, such as
decrease in Income due to unemployment or disability. Proof of such condition is
required.
Section 7.3 ANNUAL INSPECTIONS. At least once annually, an inspection will be
conducted by the Management Company to verify that the Residents occupying the Restricted
Unit have maintained the Restricted Unit in good condition. Such inspections will be by
appointment, but may or may not require the Resident to be present.
Section 7.4 FALSE STATEMENTS AND WILLFUL OMISSIONS. False statements or
willful omissions made during any recertification process may result in denial of assistance or in
the recapture by the Authority of the rental assistance for any period in which the amount of
rental assistance was affected by any false statement or willful omission.
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Section 8 TERMINATION OF TENANCIES AND MOVE-OUT PROCEDURES
Section 8.1 TERMINATION OF TENANCIES OTHER THAN BY EVICTION. The
procedures noted in this Section 7.1 do not apply to evictions.
Section 8.1.1 End of Lease Term. With proper notice, as described in this
section, the Management Company or Resident may terminate a tenancy at the
expiration of the residential lease without reason or cause.
Section 8.1.2 During a Lease Term. A tenancy may be terminated during a
lease term without the termination being deemed an eviction under the following
circumstances:
8.1.2.a Death of the sole Resident of a Restricted Unit.
8.1.2.b By abandonment of the premises by the Resident as determined
in accordance with Civil Code Section 1951.3.
8.1.2.c By the determination by the Management Company of Resident
ineligibility under this Plan.
8.1.2.d By written agreement of both the Management Company and
the Resident.
Section 8.1.3 Notices to Vacate for Termination of Tenancies Other Than by
Eviction.
8.1.3.a Resident Notices to Vacate. Residents must provide 30 days’
written notice to vacate, “Notice of Intent to Vacate”, unless a different time period is
prescribed by Civil Code Section 1946, as amended.
8.1.3.b Management Notices to Vacate. The Management Company
must provide a written notice to vacate, “Notice of Termination of Tenancy”, in
accordance with applicable law.
Section 8.1.4 Move-out Procedures. When a Notice to Vacate is issued,
inspections may be requested and will follow the guidelines in Civil Code Section
1950.5(f), as amended.
Section 8.1.4.a Initial Pre-Inspection Request. Residents may request
an initial pre-inspection of their Restricted Unit upon providing a written 30-day vacating
notice to the Management Company. All pre-inspections must be requested in writing by
the Resident, otherwise the Management Company will not conduct one. The Pre-
Inspection provides a 30 day option for Residents to address maintenance or repairs
that the Management Company identifieds as potential repairs or maintenance that will
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be required at time of move-out.
Section 8.1.4.b Scheduling the Move-out Inspection. The Management
Company will coordinate with the Resident to schedule the move-out inspection no more
than two weeks before the Resident vacate date. Residents will be given at least 48
hours’ notice.
Section 8.1.4.c Opting Out of a Move-Out Inspection. If the Resident
opts not to request a move-out inspection, no inspection will be performed, but the
Restricted Unit will be inspected to determine the necessary repairs and cleaning.
Section 8.1.4.d Inspection Exceptions. The Management Company is
not required to perform an move-out inspection if the Resident has been served with an
eviction notice for non-payment, lease violations property damage, unlawful use.
Section 8.1.4.e Inspection Findings. The Management Company will
provided the Resident with an itemized statement detailing any repairs or cleaning
needed. Deductions will not be made for normal wear and tear.
Section 8.1.4.f Final Inspection. A final inspection will be scheduled at
the move-out to check for any remaining items needing repair or cleaning.
Section 8.1.4.g Resident Presence. Residents may be present during
inspections; though, inspections may proceed if the Resident is not available.
Section 8.1.5 Maintenance and Repairs Necessary Due to Impending Move-out.
Corrections identified during the initial move-out inspection can be addressed by the
Resident to avoid deductions from the security deposit.
Section 8.2 TERMINATION OF TENANCY THROUGH EVICTION. This section
outlines the grounds and process for eviction.
Section 8.2.1 Reasons for Eviction.
Section 8.2.1.a Violations of the Lease. Lease violations, including but
not limited to those outlined in the Zero Tolerance Policy (attached as Exhibit E),
unlawful use of the Restricted Unit, Property damage, disruptions of other residents’
peaceful enjoyment, or health and safety risks.
Section 8.2.1.b Non-Payment of Rent. Failure to pay rent may result in
eviction.
Section 8.2.1.c Misrepresentation of Eligibility Under the Plan. False
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statements or willful omissions related to eligibility for the Restricted Unit.
Section 8.2.2 Eviction Process.
Section 8.2.2.a Eviction Notice. The Management Company will serve
an eviction notice in in accordance with California law.
Section 8.2.2.b Verification of Occupancy. If the Eviction Notice expires,
and the Resident has not vacated, the Management Company will verify occupancy. If
the Restricted Unit is still occupied, court ordered eviction proceedings will begin. If the
Resident has vacated, but owes money, the Management Company will take legal action
to recover the balance. In the event there are sufficient monies available within the
security deposit to cover any amounts due from the Resident, the deductions and/or
refunds shall be made to the security deposit in accordance with Civil Code Section
1950.5 as amended.
Section 8.2.2.c Unlawful Detainer. If necessary, the Management
Company will file an unlawful detainer action in court, allowing the Resident the
opportunity to contest the eviction.
Section 8.3 REFUND OF SECURITY DEPOSIT. Security deposit refunds will be
processed in accordance with Civil Code Section 1950.5 as amended from time to time.
Section8.3.1 Notification of Itemized Security Deposit Disposition. After
inspection and assessment of the conditions of the vacated Restricted Unit, and after all
necessary cleaning and repairs have been performed, the Management Company will
notify the Resident of the security deposit disposition within 21 days. The Management
Company will mail or deliver a copy of an itemized statement indicating the detailed
charges against the security received and the amount to be refunded, if any. Attached
to the itemized statement to the Resident shall be copies of invoices and charges
incurred in order to clean or repair the Restricted Unit.
Section 8.3.2 Resident’s Entitlement to Security Deposit. If Resident is not
notified as to the disposition of the security deposit within the required notification period
in Section 8.3.1, the Resident shall be entitled to 100 percent of the original security
deposit amount.
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Section 9 GRIEVANCE PROCESS
Section 9.1 GRIEVANCE APPLICABILITY. This Grievance process shall be
applicable to all Applicants and Residents of the Authority. Grievances that may be considered
under this process will include actions related to the Resident’s tenancy, but does not apply to
non-payment of rent and the other matters governed by Section 8.2. Under no circumstance
may a Grievance be filed after issuance of any notice in accordance with Section 8.2.2. A copy
of this process shall be provided to all Residents prior to occupancy of the Restricted Unit, and
shall be provided to any Applicant upon request.
Section 9.2 GRIEVANCES PROCEDURES. If an Applicant or Resident perceives
any representative of the management to have engaged in discriminatory behavior concerning
lease requirements, disability status, accommodation requests, application processing,
management policies, resulting in an adverse impact on the complainant's rights, the initial
recourse is to engage in an informal discussion of the incident between the complainant and the
management. Regular and transparent communication between the manager and residents or
applicants is the optimal approach to prevent misunderstandings and foster mutual respect. In
the event that an amicable resolution is not achieved through informal discussion, the following
steps should be pursued:
Section 9.2.1 Informal Grievance Review. The goal of the informal review is to
settle the problem without the need for a formal review. If the resident or applicant has a
complaint and requests a review, they will first have an informal review with the Property
Manager or Regional Manager of Property Manager.
9.2.1.a The Resident or Applicant must personally present their
grievance, either orally or in writing, to Property Manager’s management office so that
management may discuss the grievance with them informally. While they can present
their grievance orally, it is better to state the grievance in writing. The grievance must
specify both the specific ground(s) for the grievance and the action or relief sought.
9.2.1.b The resident or applicant must present their grievance within a
reasonable time, not to exceed ten (10) working days following the incident or action
upon which the grievance or dispute is based.
9.2.1.c Once requested, an informal review will be held between the
resident or applicant and management within five (5) working days following
management’s receipt of the request.
Section 9.2.2 Procedures for Appeal and Grievance. Resident complaints shall be
processed according to the Grievance and Appeal Procedure if applicable. This
procedure allows for both informal and formal hearings, while not waiving the rights of
the resident, Owner, Property Management or the Housing Authority to any judicial
resolution of the matter.
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Section 9.2.3 Grievance Process. Once the Property has received a grievance,
within ten (10) business days the Management Company shall:
9.4.1 Review the grievance and any supporting information.
9.4.2 Provide information on how the individual who filed the grievance and/or
their representative can see and copy their file and any records related to
the grievance.
9.4.3 Schedule a meeting between the individual who filed the grievance and/or
their representative and a management agent who was not involved in
the original action/decision so that they can review it. At the meeting.
9.4.4 Provided an opportunity to present evidence and witnesses.
9.4.5 Residents have the right to be represented or accompanied by a person
of their choice at the meeting.
9.4.6 Once the meeting has occurred, within five (5) business days Property
Management shall: Make a written determination on the issue, which
states the reason for the decision and the evidence relied on in making
the decision.
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Administrative Plan Exhibit A
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EXHIBIT A
MULTI-FAMILY APARTMENTS
Project No. Units Telephone
1 CALIFORNIA VILLAS
77-107 California Avenue 141 (760) 345-0452
2 DESERT POINTE
43-805 Monterey Avenue 64 (760) 340-6945
3 LAGUNA PALMS
73-875 Santa Rosa 48 (760) 836-1455
4 NEIGHBORS
73-535 Santa Rosa Way 24 (760) 340-6945
5 ONE QUAIL PLACE
72-600 Fred Waring Drive 384 (760) 568-9835
6 PALM VILLAGE APARTMENTS
73-650 Santa Rosa Way 36 (760) 836-1455
7 TAOS PALMS
44-830 Las Palmas Avenue 16 (760) 340-6945
8 SANTA ROSA APARTMENTS
73-625 Santa Rosa Way 20 (760) 836-1455
SENIOR APARTMENTS
9 CANDLEWOOD
74000-74002 Shadow Mountain Drive 30 (760) 568-3640
10 CARLOS ORTEGA VILLAS
77-915 Avenue of the States 73 (760) 345-1500
11 CATALINA GARDENS
73-600 Catalina Way 72 (760) 568-3640
12 LA ROCCA VILLAS
42-135 Golden Eagle Lane 27 (760) 773-9040
13 LAS SERENAS
73-315 Country Club Drive Desert 150 (760) 773-9040
14 THE PUEBLOS
73-695 Santa Rosa Way 15 (760) 568-3640
15 SAGECREST SENIOR
73-811 Santa Rosa Way 14 (760) 568-3640
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EXHIBIT B
NON-EXCLUSIVE LIST OF REQUIRED AND PERMISSIVE BACKGROUND CHECK
INFORMATION BY TYPE OF FUNDING
SOURCE
OF INFO INFORMATION
FEDERAL FUNDS INVOLVED FEDERAL FUNDS NOT INVOLVED
INVESTIGATI
ISCLOSURE
NVESTIGATI
ISCLOSURE
Law
enforcem
ent
agencies
Illegal Drug Use Required
Housing
Auth. must
require &
applicant
must
May obtain
Must notify
applicant, if
basis for
denial
Drug Use that Interferes
with Health & Safety of
Others
Required
Housing
Auth. must
require &
applicant
must
May obtain
Must notify
applicant, if
basis for
denial
Sex Offenses Required
Housing
Auth. must
require &
applicant
must
May obtain
Must notify
applicant, if
basis for
denial
“Serious” crimes
• murder,
mayhem, rape,
burglary
• hate crimes
• offenses re
firearms /
explosives
• felonies
involving
drugs, alcohol
• domestic
May obtain
Must notify
applicant, if
basis for
denial
May obtain
Must notify
applicant, if
basis for
denial
Juvenile Records Prohibited N/A Prohibited N/A
Arrests Not Resulting in
Conviction Prohibited N/A Prohibited N/A
State /
Federal
Governm
ent
Social Security Numbers Required
Housing
Auth. must
require &
applicant
must
May Obtain
Application
must
indicate
disclosure is
voluntary
Citizenship / Residency
Info Required
Housing
Auth. must
require &
applicant
must
consent
Prohibited
N/A. But, if
Housing
Auth. Has
unsolicited
evidence
that
applicant is
undocument
ed, it must
reject the
composition & tax info, to
Required
Housing
Auth. must Required
Housing
Auth. must
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SOURCE
OF INFO INFORMATION
FEDERAL FUNDS INVOLVED FEDERAL FUNDS NOT INVOLVED
INVESTIGATI
ISCLOSURE
NVESTIGATI
ISCLOSURE
applicant
must
must
Credit
Agencies
Investigative Consumer
Report
• Credit History
• Character
• Reputation
• Personal
characteristics
• Mode of living
May Obtain
Housing
Authority
must notify
applicant
May Obtain
Housing
Authority
must notify
applicant
• Convictions
• Civil Actions
• Tax Liens
• Outstanding
Judgments
May
Obtain, but
only if
credit
agency has
verified
Housing
Authority
must notify
applicant
May
Obtain, but
only if
credit
agency has
verified
Housing
Authority
must notify
applicant
• Bankruptcies
more than 10y
prior
• Civil
judgments
more than 7y
Prohibited N/A Prohibited N/A
Public
Records
Obtained
From
Other
Sources;
Interviews
with
Neighbor
s, Friends
&
Associate
s
Relevant background
information
• Creditworthine
ss
• Credit standing
• Credit capacity
• Civil actions
• Convictions
• Tax Liens
• Outstanding
Judgments
• Character
• General
Reputation
• Personal
characteristics
• Mode of Living
May Obtain
Must notify
applicant, if
basis for
denial.
Consent
recommend
ed.
May Obtain
Must notify
applicant, if
basis for
denial.
Consent
recommend
ed.
In addition to credit reporting agencies, background check information may be obtained from
CIC, and similar reputable resources.
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EXHIBIT C
[RESERVED]
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EXHIBIT D
ANIMAL POLICY
Section 1 Definitions
For purposes of this Animal Policy, the following terms shall have the meanings provided in this
Section:
Section 1.1. Assistance Animal ‒ shall mean an animal that works, provides
assistance, or performs tasks for the benefit of a person with a disability, or provides emotional
support that alleviates one or more identified symptoms or effects of a person's disability.
Assistance Animals perform many disability-related functions, including but not limited to,
guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of
hearing to sounds, providing protection or rescue assistance, pulling a wheelchair, fetching
items, alerting persons to impending seizures, or providing emotional support to persons with
disabilities who have a disability-related need for such support. Notwithstanding the preceding
definition, the companion animal of an Elderly Household shall also qualify as an Assistance
Animal.
Section 1.2. Owner ‒ shall mean the person with primary responsibility for the care of
a Assistance Animal or Service Animal.
Section 1.3. Service Animal ‒ shall mean any dog that is individually trained to do
work or perform tasks for the benefit of an individual with a disability, including a physical,
sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether
wild or domestic, trained or untrained, are not Service Animals for the purposes of this definition.
The work or tasks performed by a Service Animal must be directly related to the individual's
disability. Examples of work or tasks include, but are not limited to, assisting individuals who are
blind or have low vision with navigation and other tasks, alerting individuals who are deaf or
hard of hearing to the presence of people or sounds, providing non-violent protection or rescue
work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the
presence of allergens, retrieving items such as medicine or the telephone, providing physical
support and assistance with balance and stability to individuals with mobility disabilities, and
helping persons with psychiatric and neurological disabilities by preventing or interrupting
impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the
provision of emotional support, well-being, comfort, or companionship do not constitute work or
tasks for the purposes of this definition.
Section 1.4 Pets – shall mean a domesticated cat, dog, bird, or fish which are
traditionally kept in the household for pleasure rather than for commercial purposes. Animals
prohibited as Pets include but are not limited to reptiles, rodents, rabbits, turtles, insects,
snakes, monkeys, primates, farm animals, wild or exotic animals, endangered species.
Section 2 Permitted Animals
Section 2.1. Households are allowed to keep Pets, Assistance Animals or Service
Animals in their Restricted Unit in accordance with this Animal Policy, subject to the following
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restrictions Landlord grants Resident permission to keep the following pets on the condition that
Resident complies with the following rules and regulations. Only the pet(s) described and
authorized on pet lease addendum are allowed. Landlord must approve any additional or other
pets:
1. No more than one cat or one dog shall be allowed in a Restricted Unit, except
as otherwise permitted by the Management Company;
2. No more than two birds shall be allowed in a Restricted Unit;
3. Fish aquariums must not exceed 15 gallons of water;
4. An animal cannot be kept on the premises if it has a venomous bite; and
5. An animal cannot be kept on the premises if it has previously bitten anyone,
unless (1) the bite occurred while working as a police or military dog, or (2)
the bite victim was partly or wholly at fault for the bite.
Section 2.2. All Pets, Assistance Animals and Service Animals must wear a harness,
lease or tether when outside of the Restricted Unit unless such equipment would interfere with
the Assistance Animal or Service Animal's safe, effective performance of work or tasks, in which
case the Assistance Animal or Service Animal must be otherwise under the Resident's control
(e.g., voice control, signals, or other effective means).
Section 3 Required Fees and Payments
Section 3.1. The Resident will be responsible for all reasonable expenses directly
related to the presence of the animal on the premises, including the cost of repairs and
replacement in the Restricted Unit, and the cost of animal care facilities if needed. These
charges are due and payable within 30 days of written notification.
Section 3.2. The Resident will not be charged a deposit for any Assistance Animal or
Service Animal, but the Resident is liable for any damage caused by that animal. An addition to
the Security Deposit of $300.00 will be required for each pet. However, the Resident's liability
for damage caused by the pet is not limited to the amount of Security Deposit and the Resident
will, therefore be required to reimburse Property Manager for damages that exceed such the
Security Deposit. Any unit occupied by a pet may require fumigation upon Resident vacating.
Should fumigation be required, any applicable fees/charges will be deducted from the Security
Deposit.
Section 3.3. All animals shall be spayed or neutered and licensed, if applicable. If an
animal is not spayed or neutered and has offspring, the Household is in violation of this rule.
Section 4 Sanitation Standards
Section 4.1. Any animal waste deposited must be removed immediately by the
animal’s Owner. Residents will take adequate precautions to eliminate any animal odors within
or around the Restricted Unit and maintain the Restricted Unit in a sanitary condition at all
times. If the Resident fails to comply with this section, the Management Company shall issue a
written complaint directing the Resident to eliminate the unsanitary condition(s) in or around the
Restricted Unit. If the Resident fails to eliminate the unsanitary condition(s) within 24 hours of
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receipt of the complaint, the Management Company reserves the right to take any actions
necessary to eliminate the unsanitary condition(s) and charge the Resident for any reasonable
expenses related to such cleanup.
Section 4.2. All animals are to be fed inside the Restricted Unit. Feeding is not
allowed on porches, sidewalks, patios or other outside area.
Section 5 Potential Problems and Solutions
Section 5.1. Residents will not permit any disturbances by their animal(s) that
interferes with the quiet enjoyment of other Residents, whether by loud barking, howling, biting,
scratching, chirping or other aggressive or disruptive behavior.
Section 5.2. The Management Company may enter the Resident’s Restricted Unit to
inspect the premises with notice appropriate to the circumstances, to investigate a complaint
that there is a violation, and/or to check on a nuisance or threat to health and safety of other
Residents.
Section 5.3. If an animal is threatened by the incapacitation or death of the Owner (or
by extreme negligence), the Authority may place the animal in a proper facility for up to 30 days
at the Owner’s expense. If there is no other solution at the end of 30 days, the Authority may
donate the animal to a humane society. Cost of this professional care will be borne by the
Owner.
Section 5.4. Violation of this Animal Policy by a Resident is subject to:
1. Lease termination proceedings; or
2. Any other penalty determined by the Management Company to be appropriate
under the circumstances.
Section 6 Indemnification by Owner
Section 6.1. The Resident shall indemnify, defend and hold harmless the Authority,
the Successor Agency and the City from and against any and all claims, actions suits,
judgments and demands brought about by actions or damages caused by any Assistance
Animal or Service Animal kept by the Resident in accordance with this Animal Policy. Any injury
or damage to persons or property caused by the Resident’s animal(s) shall be the liability of
said Resident. At the Resident’s discretion and expense, the Resident is responsible for
securing liability insurance for such purpose.
This policy is incorporated by reference into the Lease Agreement signed by the Resident, and
therefore, violation of the above policy will be grounds for termination of the lease.
Acknowledgement by Resident Date
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Resident Printed Name Authority Property and Apartment No.
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EXHIBIT E
Housing Authority Zero Tolerance Policy
PURPOSE
The Authority is committed to maintaining a safe, secure, and peaceful living environment To that
end, “Prohibited criminal activity” including violent or drug-related criminal activity, or any conduct
that threatens the health, safety or peaceful enjoyment of other Residents or individuals in the
vicinity of Authority-managed properties and program, will not be tolerated. A copy of this Zero
Tolerance Policy will be provided to all Applicants and Residents in Authority-administered
programs.
POLICY
The Authority will implement a crime-free housing strategy with a zero tolerance approach toward
prohibited criminal activity. The following actions will be enforced:
1. Deny or Terminate Assistance. Any Household containing a member who is currently
engaged, or has engaged within a reasonable time period (as determined by the Authority)
in, the criminal activity listed below will have assistance denied or terminated. This includes:
(a) drug-related criminal activity;
(b) violent criminal activity;
(c) criminal activity that endangers the health, safety, or peaceful enjoyment of
others;
(d) criminal activity threatening the health or safety of Authority employee, contractors or
agents.
2. Application Denial: Applications will be denied for any behavior that could prove to be
detrimental to the health, safety, or peaceful enjoyment of other Residents.
3. Background Checks. A criminal background check will be conducted for every Household
member over the age of 18. Any criminal convictions, particularly involving violence or drug
related offenses, during a reasonable period prior to the application (as determined by the
Authority) may result in a denial.
4. Resident Responsibility. Residents will be reminded of their responsibility to keep their
Restricted Units free from prohibited criminal activity.
5. Lease Addendum. All leases will include an addendum outlining grounds for termination of
tenancy due to criminal activity.
6. Management Guidelines. Management will follow established guidelines for screening
Applicants, inspecting properties, and taking action against Residents involved in criminal
activity, fraud, or any nuisances.
7. Collaboration with Law Enforcement. The Authority will work closely with law enforcement
agencies to support the enforcement of the Zero Tolerance Policy, and address crime
patterns and other safety concerns.
Acknowledgement by Resident Date
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Resident Printed Name Authority Property and Apartment No.
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EXHIBIT F
HOUSING AUTHORITY PROPERTIES RESIDENT SERVICES BUILDINGS
“HOUSE RULES”
Permission for use of the Resident Services Buildings at any of the Palm Desert
Housing Authority (“Authority”) Communities shall be granted to the following on a first-
come/first-served basis, subject to the following priorities.
1. Authority Community Leasing Office Activities or Meetings.
2. Authority Community Residents Activities and Programs organized or approved
by the Property Manager (may include daily routine activities).
3. City of Palm Desert, Successor Agency to the Palm Desert Redevelopment
Agency, and Authority meetings or activities.
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RESIDENT SERVICES BUILDINGS
1. Operations Hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except City
observed Holidays which are as follows: New Year’s Day, New Year’s Eve,
Martin Luther King Jr. Birthday, President’s Day, Memorial Day, Independence
Day, Labor Day, Veteran’s Day, Thanksgiving Day, and Christmas Day, and
Christmas Eve. The Executive Director, at his/her discretion, may authorize
alternate operating hours from time to time with the proper facility supervision.
2. Conduct. Disorderly or illegal behavior is prohibited during any activities or
programs in the Resident Services Buildings.
3. Smoking. Smoking is not allowed inside the Resident Services Buildings and
within 40 feet of any entrances or exits, or as prescribed by state, or local law.
4. Animals. Only animals authorized under the Animal Policy, are permitted on the
Resident Services Buildings property.
5. Food & Drink. No food or drink is allowed inside the Resident Services Buildings
building except during organized events or functions.
6. Alcohol & Substance. Alcoholic beverages and controlled substances are strictly
prohibited on the Resident Services Buildings property.
7. Lost or Stolen Items. The Resident Services Buildings is not responsible for any
lost or stolen items. It is recommended not to bring of valuables into the building
or on the premises.
8. Respect for Residents. Access to the Resident Services Building involves
walking through residential areas. Be considerate of the quiet enjoyment of
surrounding Residents at all times.
9. Approval for Equipment & Services. Written approval from the Manager is
required for any equipment or services brought into the building that are not
directly provided by the Resident Services Buildings.
10. Children and Youth Supervision. Children under 10 must be accompanied by an
adult (18 or older).within close proximity (within arm’s-distance). For Youth
organizations (ages 11-18), there must be one adult for every five minors in
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attendance, and the adult(s) must remain in the Resident Services Buildings for
the entire activity.
11. The Resident Services Buildings is offered for gatherings and events in its
current condition. Users must not alter the setup of the facility by moving or
removing any provided furniture or fixtures (e.g. tables, chairs, etc.). Similarly, no
additional fixtures may be brought in or added. Decorations on walls, tables and
other surfaces must remain as originally placed and cannot be altered or
covered. If there are any questions regarding this guidelines, please contact the
Manager before the event. The Manager reserves the right to inspect the
Resident Services Buildings during use to ensure compliance. Failure to follow
these rules may result in immediate cancellation or revocation of the event at the
Manager’s discretion.
12. The use of tape, nails, tacks, putty, screws, staples, decals, powders, wax, paint,
or any other similar material is prohibited on the walls, floors, ceilings or fixtures.
Throwing rice, birdseed, confetti, glitter or similar substances inside or outside
the building is also prohibited. Smoke or fog machines are not allowed. Music
devices may be permitted with prior written approval from the Manager.
13. All facility users must be aware of and adhere to the maximum occupancy limits
of the Resident Service Building. These limits not be exceeded. Doors must
remain unlocked during event hours.
14. In addition to these House Rules, all users must comply with applicable
ordinances of the City of Palm Desert, as well as state and federal laws. Any
failure to comply with these regulations may may result in the user being
prohibited from accessing the Resident Service Building.
15. Users of the facility are prohibited listing the City of Palm Desert, the Successor
Agency, or the Authority as a sponsors for any event or activities, and may not
include the Resident Services Buildings phone number as a contact in any
promotional materials. The Manager may request copies of any promotional
materials related to an event or activities. Failure to comply with such a requests
may result in the cancellation of the event.
16. Parking is not available on-site. All facility users will be required to make their
own provision for parking.
17. Facility users are responsible for cleaning up after each event or activities.
Tables and chairs must be wiped clean before leaving the premises.
18. The City of Palm Desert, the Successor Agency, and the Authority assume no
legal responsibility and are not liable for personal injuries, thefts or losses of
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private property while on or using the Resident Services Buildings and
associated facilities.
19. All facilities and equipment must be returned to their original condition following
use.
Any violation of these rules during occupancy may result in the denial future use of
the Resident Services Buildings by the organization.21. Failure to comply
with these rules, local ordinances, or regulations, of the City of Palm Desert may
may result in the denial of future access to the Resident Services Buildings
facility.
22. Any incidents of fighting, vandalism or inapproriate behavior during an event will
result in immediate cancellation of the event.
I, the undersigned, acknowledge that I have read all the rules listed above regarding the use of
the Resident Services Buildings and agree to abide by such rules and regulations as set forth by
the Palm Desert Housing Authority.
Resident Signature:
Resident (Printed) Name:
Authority Property:
Apartment Number:
Date:
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EXHIBIT G
SMOKE-FREE POLICY
PURPOSE
Section 1. Findings
Section 1.1 On December 10, 2009 the City of Palm Desert (the “City”) approved
Ordinance No. 1200 regulating smoking throughout the City to promote public health, safety,
and welfare by discouraging the inherently dangerous behavior of smoking around non-
smokers, especially children; and by protecting the public from exposure to secondhand smoke
where they live, work, and play.
Section 1.2 In accordance with the purposes of Ordinance No. 1200, as amended,
the Palm Desert Housing Authority (the “Authority”) has declared all of the owned, operated,
restricted or otherwise controlled Authority Properties (“Authority Properties”) to be smoke free
communities to insure the quality of air and the safety of its residents.
Section 1.3 Ordinance No. 1200 and this policy recognize there is no constitutional
right to smoke.
Section 1.4 The efforts to designate Authority Properties as smoke-free does not
make the Authority or any of its managing agents the guarantor of health of any person or the
smoke-free condition of any property. The Authority will take reasonable steps to enforce the
Smoke-Free Policy but shall not be required to take to take any action unless the Authority or
any of its managing agents has actual knowledge of the smoking and the identity of the
responsible resident.
Section 2. Definitions
A. “Affordable Residential Community” means a residential property containing two (2) or
more units that are owned, operated and restricted or otherwise controlled by the
Authority.
B. “Authority Property (-ies)” means any community owned, operated restricted or
otherwise controlled by the Authority from time to time.
C. “City” means the City of Palm Desert, and its related entities including the Authority.
D. “Community” see definition for Affordable Residential Community.
E. “Reasonable distance” means a distance of twenty (20) feet from the community, or
such larger area as the City Manager/Executive Director reasonably determines in
writing to be necessary in a given circumstance to ensure that occupants of the
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Affordable Residential Community an area in which smoking is prohibited are not
exposed to secondhand smoke created by smokers outside the area.
F. “Resident” means anyone included on a current lease agreement for any unit in an
Authority Property.
G. “Secondhand smoke” means smoke or vapor from tobacco, nicotine products, any weed,
plant or product created by the burning, carrying, or operating of any lighted pipe,
hookah, cigar, cigarette, cannabis product, other tobacco product, electronic cigarette or
similar kind of smoking equipment, and the smoke or vapor exhaled by an individual who
engages in smoking.
H. “Smoke-free Community” means that smoking is prohibited in all areas of the
community, including but not limited to community rooms, community bathrooms,
lobbies, reception areas, hallways, laundry rooms, stairways, offices and elevators,
within the interior of all units, and within the perimeter outside of the buildings including
entry ways, porches, balconies, and patios (to be established in accordance with this
policy).
I. “Smoking” or to “Smoke” means holding, possessing, or operating any lighted pipe,
hookah, cigar, cigarette, cannabis product, other tobacco product, electronic cigarette or
similar kind of smoking equipment that is emitting smoke or vapor from tobacco, nicotine
products, any weed, plant or other product.
Section 3. Smoking Regulation
Section 3.1 Smoking is prohibited in all areas of an Affordable Residential Community
owned, operated, restricted or otherwise controlled by the Authority.
Section 3.2 “No Smoking” signs will be posted at the entrance area of each Affordable
Residential Community.
Section 3.3 All residents of an Affordable Residential Community are required to sign
an acknowledgement that they have received and read a copy of this policy and that they will
observe all rules related to smoking.
Section 3.4 Residents are responsible for the actions of their household, their guests,
and visitors.
Section 3.5 Failure to adhere to any of the conditions of this policy will constitute both
a material non-compliance with the rental/lease agreement and a serious violation of the rental
agreement.
Section 3.6 Residents will be responsible for all costs to remove smoke, odor, or
residue upon any violation of this policy.
Section 3.7 Any resident who smells smoke in an Affordable Residential Community
or otherwise observes a violation of this policy should report this to the Authority Property
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manager as soon as possible. No person shall harass or attempt to intimidate any person
seeking to obtain compliance with this policy.
Section 3.8 This policy does not require residents to quit smoking in order to live in an
Authority Property. Authority staff will provide information regarding smoking cessation
resources to residents who wish to quit smoking.
Section 4. Implementation Timeline and Procedure
Section 4.1 This policy shall be implemented as follows:
All Affordable Residential Communities owned, operated, restricted or otherwise
controlled by the Authority will be 100% smoke free from the date this resolution is
implemented, provided the Authority has satisfied all notice requirements provided under the
laws of the State of California.
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RESIDENT ACKNOWLEDGEMENT
As head of household, I hereby acknowledge that I have received, read, and that I understand
the above smoking policy and I agree to abide by the provisions. I understand acknowledge that
failure to comply with any part is cause for termination of my lease.
Resident Signature:
Resident (Printed) Name:
Authority Property:
Apartment Number:
Date:
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