Table of Contents
I.    Nondiscrimination and Accessibility    1
A.    Compliance with Civil Rights Laws    1
B.    Addressing Barriers to Equal Housing Opportunities    2
C.    Office, Facility, and Program Accessibility    3
D.    Providing Information in Languages Other than English    4
E.    Marketing and Informational Materials    4
II.    Eligibility for Admission    5
A.    Qualification for Admission    5
B.    Ineligibility for Admission and Placement on the Waiting List    6
C.    Consideration of Rehabilitation    7
D.    Confidentiality    8
E.    Penalty    8
F.    Civil Action    8
III.    Processing of Applications    8
A.    Registration (Pre-Application) Process    8
B.    Waiting List Management    9
C.    Household Splits    11
D.    Joint Custody    11
IV.    Factors Affecting the Offering Process    12
A.    Bedroom Size and Unit Standards    12
B.    Accessible Units    13
C.    Designated Units    14
D.    Income Targeting    14
E.    Deconcentration    14
F.    Local Housing Preferences    15
G.    Registration (Pre-Application) Process    16
H.    Waiting List Management    17
V.    Screening Applicants , Including for Drug and Other Criminal Activity    18
A.    General Principles of Screening    18
B.    Application Interviews and Verification Documents    19
C.    Applicant Screening Criteria    19
D.    The Application Process    21
E.    Security and Background Check    24
F.    Review and Checking of Credit Reports    31
G.    Utilities    32
H    Landlord and Prior Residences    32
I.    Resident Participation in the Intake and Screening Process    35
J.    Pre-Occupancy Briefing    36
K.    Recommendation of Admission or Rejection    37
L.    Acceptable Documenation    39
M.    Screening Criteria and Procedures - Applicants with Disabilities    40
VI.     Tenant Selection and Assignment Plan    44
A.    Preference Point System    44
B.    Waiting List and Offers of Housing    44
C.    Acceptance or Rejection of Offer    47
D.    Housing Transfers and the Offering of Units    48
E.    Occupancy of Dwelling Units with Accessible or Adaptable Features    48
F.    Offering of Designated Units    49
VII.    Leasing and Occupancy of Dwelling Units    49
A.    Showing Units Prior to Leasing    49
B.    Unit Inspections    49
C.    General Leasing Policy    50
D.    Security Deposit Policy    50
E.    Resident Charges    51
VIII.    Transfer Policy    51
A.    Types of Transfers    51
B.    Transfer Waiting List    55
C.    Transfer Process    54
D.    Refusal of Transfer Offer    56
E.    Processing Transfers    57
F.    Security Deposits    57
G.    Witness Protection Program    58
H.    Confidentiality, Administration, and Record Keeping    60
IX.     Annual Recertification, Interim Recertification, and Continued Occupancy    61
A.    Recertification Purpose    61
B.    Recertification Procedures    61
C.    Eligibility for Continued Occupancy    62
D.    Action Following Recertification    62
E.    Interim Recertifications    62
F.    Notice of Rent Adjustment    63
G.    Failure to Report Accurate Information    63
H.    Remaining Family Members and Prior Debt    64
I.    Temporarily and Permanently Absent Family Members    65
J.    Lease Revision and Modification    65
K.    Unit Inpsections    65
L.    Additions to the Household    66
M.    Household Splits    658
X.    Lease Termination Procedures    66
A.    Record Keeping Requirements    68
B.    Lease Requirements    69
C.    Termination of Tenancy and Eviction    69
D.    Lease Termination Notice    70
E.    Evidence    71
F.    Notice to the Post Office    71
G.    Consideration of Circumstances    71
H.    Consideration of Rehabilitation    72
I.    Use of Criminal Record    72
J.    Records management    72
K.    Grievance    73
XI.    Utilities    73
A.    Resident-Paid Utilities    73
B.    Excess Utility Charges    74
XII.    Resident Choice of Rent Payment    74
A.    Flat Rents    74
B.    Income –Based Rent    75
C.    Minimum Rent    75
XIII.    Definitions and Procedures to be used in Determining Income and Rent    76
A.    Annual Income [24 CFR 5.609]    76
B.    Items not included in Annual Income [24 CFR 5. 609]    77
C.    Anticipating Annual Income [24 CFR 5.609]    81
D.    Income of Temporarily or Permanently Absent Family Members    81
E.    Adjusted Income [24 CFR 5.611]    82
F.    Imputed Welfare Income    83
G.    Computing Total Tenant Payment (TTP) and Rent    84
XIV.    Definitions of Terms Used in This Statement of Policies    85
A.    Definitions    85

Appendix A:    Restrictions on Housing Assistance to Non-citizens Policy
Appendix B:    Resident Grievance Procedures
Appendix C:    Pet Policy
Appendix D:    Home Business Policy & Contract
Appendix E:    Tenant Associations Policy
Appendix F:    Market Analysis & Development Flat Rents
Appendix G:    Civil Rights Policy

 
I.    NONDISCRIMINATION AND ACCESSIBILITY
A.    Compliance with Civil Rights Laws
1.    It is the policy of the San Francisco Housing Authority to comply with all applicable laws relating to Civil Rights, including:
a)    Title VI of the Civil Rights Act of 1964 [24 CFR Part 1];
b)    Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988) [24 CFR Part 100];
c)    Executive Order 11063, Section 504 of the Rehabilitation Act of 1973 [24 CFR Part 8];
d)    The Age Discrimination Act of 1975 [24 CFR Part 146];
e)    Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern). [Title II deals with common areas and public space, not living units];
f)    Any applicable State laws or local ordinances; and
g)    Any legislation protecting the individual rights of tenants, applicants, or staff that may subsequently be enacted.
2.    The San Francisco Housing Authority shall not discriminate because of race, color, national origin, sex, religion, familial status, or disability in the leasing, rental, or other disposition of housing or related facilities, including land, that is part of any development or developments under the San Francisco Housing Authority’s jurisdiction covered by a contract for annual contributions under the United States Housing Act of 1937, as amended, or in the use or occupancy thereof.   [24 CFR 100.5].
3.    The San Francisco Housing Authority shall not, on account of race, color, national origin, sex, religion, familial status, or disability:
a)    Deny any family the opportunity to apply for housing, nor deny any qualified applicant the opportunity to lease housing suitable to its needs;
b)    Provide housing which is different from that provided others  
c)    Subject a person to segregation or disparate treatment;
d)    Restrict a person's access to any benefit enjoyed by others in connection with the housing program;
e)    Treat a person differently in determining eligibility or other requirements for admission;  
f)    Deny a person access to the same level of services;   or
g)    Deny a person the opportunity to participate in a planning or advisory group, which is an integral part of the housing program.
4.    The San Francisco Housing Authority shall not automatically deny admission to a particular group or category of otherwise qualified applicants (e.g., families with children born to unmarried parents, elderly families with pets, or families with members who have eligible immigration status). Each applicant in a particular group or category must be treated on an individual basis in the normal processing routine [24 CFR 960.205].
5.    The San Francisco Housing Authority will not permit these policies to be subverted for personal or political favors. The San Francisco Housing Authority will not offer units in an order different from that prescribed by this policy, since doing so violates the policy, federal law and the civil rights of the other families on the waiting list [24 CFR 960.204(a)(3)(ii)].
B.    Addressing Barriers to Equal Housing Opportunities
1.    The San Francisco Housing Authority will identify and eliminate situations or procedures that create a barrier to equal housing opportunity for all. In accordance with Section 504, and the Fair Housing Amendments Act of 1988, the San Francisco Housing Authority will relocate a resident with a disability to a unit with necessary accommodations. If there is no accessible unit available, SFHA will make structural modifications to its housing and non-housing facilities [24 CFR 8.21, 8.23, 8.24, and 8.25] and make reasonable accommodations [24 CFR 100.204], or combinations of the structural modifications and reasonable accommodations, to permit persons with disabilities to take full advantage of the housing program.
2.    In making reasonable accommodations or structural modifications to existing housing programs [24 CFR 8.24] or in carrying out other alterations [24 CFR 8.23 (b)] for otherwise qualified persons with disabilities, the San Francisco Housing Authority is not required to:
a)    Make each of its existing facilities accessible [24 CFR 8.24 (a) (1)]; or make structural alterations when other methods can be demonstrated to achieve the same effect [24 CFR 8.24 (b)];
b)    Make structural alterations that require the removal or altering of a load-bearing structural member [24 CFR 8.32 (c)];
c)    Provide an elevator in any multifamily housing project solely for the purpose of locating accessible units above or below the grade level [24 CFR 8.26];
d)    Take any action that would result in a fundamental alteration in the nature of the program [24 CFR 8.24 (a) (2)]; and
e)    Take any action that would result in an undue financial and administrative burden on the Authority [24 CFR 8.24 (a) (2)]. This is not applicable to housing undergoing substantial alteration.
f)    When the San Francisco Housing Authority is making substantial alterations (in developments with 15+ units, work whose value exceeds 75% of the replacement cost of the facility) to an existing housing facility [24 CFR 8.23] the San Francisco Housing Authority is not required to:
(1)    Provide an elevator in any multifamily housing project solely for the purpose of locating accessible units above or below the grade level [24 CFR 8.26];
(2)    Make structural alterations that require the removal or altering of a load-bearing structural member [24 CFR 8.32 (c)]; and
(3)    Make structural alterations to meet minimum accessibility requirements where it is structurally impracticable. Structural impracticability is defined as: Changes having little likelihood of being accomplished without removing or altering a load-bearing structural member and/or incurring an increased cost of 50% or more of the value of the element of the building or facility involved [24 CFR 8.32 (c) and 40, Uniform Federal Accessibility Standards, 3.5 and 4.1.6(3)].
C.    Office, Facility, and Program Accessibility
1.    SFHA offices, facilities and programs used by residents must be accessible to residents with a full range of disabilities. If offices, facilities and programs are not accessible (and located on accessible routes), some will be made so, subject to the undue financial and administrative burden test. As an alternative, when comparable facilities or programs exist in accessible and non-accessible formats, the San Francisco Housing Authority may provide accessible transportation to the accessible facility to permit participation in the program [24 CFR 8.20 and 8.21].
2.    Documents intended for use by applicants and residents will be made available in formats accessible for those who have vision or hearing disabilities. For applicants or residents who have limited reading skills, staff will read and explain documents that are normally handed out to be read or completed [24 CFR 8.6].
3.    At the point of initial contact, the San Francisco Housing Authority staff will ask all applicants whether they need some form of communication other than plain language paperwork.  Alternative forms of communication might include: sign language interpretation, having materials explained orally by staff, either in person or by phone, large type materials, information on tape, and having someone (friend, relative or advocate) accompany the applicant to receive, interpret and explain housing materials [24 CFR 8.6].
4.    Staff will be trained to provide examples, verbally and in written format, of complicated concepts such as eligibility, rent computation, applicant screening, reasonable accommodations, and lease compliance to enable applicants with learning or cognitive disabilities to understand as much as possible [24 CFR 8.6].
5.    Where feasible, or when required by federal or State regulations, the San Francisco Housing Authority will prepare the following information in clearly written and accessible formats:
a)    Marketing and informational materials
b)    Information about the application process
c)    Critical forms, form letters, and legal notices to applicants and residents
d)    General statement about reasonable accommodation
e)    Orientation materials for new residents
f)    The lease and house rules (if any)
g)    Guidance or instructions about care of the housing unit
h)    Information about opening, updating or closing the waiting list
i)    All information related to applicant’s rights (to informal hearings, etc.)
D.    Providing Information in Languages Other than English
1.    Whenever dictated by significant population concentrations of persons speaking languages other than English, the above mentioned materials and messages will be made available in those languages.  
2.    Applicants and residents with low English comprehension may furnish an interpreter to assist in communications with SFHA offices or programs.
E.    Marketing and Informational Materials
1.    The San Francisco Housing Authority will conduct outreach activities as needed to maintain an adequate application pool representative of the eligible population in the area. Outreach efforts are determined by the vacancy level at SFHA sites, availability of units through turnover, and waiting list characteristics. The San Francisco Housing Authority will periodically assess these factors in order to determine the need for and scope of any marketing efforts.
2.    Marketing and informational materials will be subject to the following:
a)    All marketing materials must comply with Fair Housing Act requirements with respect to wording, logo, size of type, etc. [24 CFR 110];
b)    Marketing will describe the housing units, application process, waiting list and preference structure accurately;
c)    Marketing materials will make clear who is eligible: low income individuals, families who may be elderly and or have a disability, and families eligible because of mixed income requirements;
d)    Marketing will be written in simple, clear language and will use more than strictly English-language print media;
e)    Marketing materials will clearly describe the San Francisco Housing Authority’s responsibility to provide reasonable accommodations or modifications to people with disabilities; and
f)    An effort will be made to target all agencies that serve and advocate for potentially qualified applicants (e.g. applicants with disabilities, to ensure that accessible/adaptable units are used by people who can best take advantage of their features).
II.    ELIGIBILITY FOR ADMISSION
A.    Qualification for Admission
1.    The San Francisco Housing Authority will admit only qualified applicants . SFHA’s housing will not be housing of last resort.
2.    An applicant (individual or family) is qualified by meeting all of the following criteria:
a)    Is a family as defined in Section XIV of this policy [24 CFR 5.403];
b)    Heads a household in which at least one member declares either citizenship or verifiable eligible immigration status. [24 CFR 200, and Subtitle G; Sec. 592 of the “Quality Housing and Work Responsibility Act of 1998” herein called “QHWRA”]; See the SFHA policy on Restrictions on Housing Assistance to Non-Citizens, (Appendix A).
c)    Has an Annual Income at the time of admission that does not exceed the income limits for occupancy established by the Department of Housing and Urban Development [24 CFR 5.405(a)].
d)     Provides a Social Security number for each family member age 6 years or older, or certifies that a household member does not have a Social Security number [24 CFR Part 5];
e)    Meets or exceeds the Applicant Screening Criteria set forth in Section III, Paragraph D of this document, including attending and successfully completing a SFHA-approved orientation class [24 CFR 960.205].
 
B.    Ineligibility for Admission and Placement on the Waiting List
1.    No applicant may use a SFHA public housing address unless they are on the public housing lease for that unit.
2.    Persons are ineligible for admission into the SFHA public housing program if the applicant owes any back rent, utilities, or damages to the SFHA under the public housing or Section 8 program, or any other Housing Authority or Section 8 program.
3.    Under the policy for Screening and Eviction for Drug and Other Criminal Activity of this document (see Section V) [QHWRA; Sec. 576], persons are ineligible for housing assistance for any of the following:
a)    Any member of an applicant household who has been evicted from public housing or a Section 8 unit because of drug-related criminal activity within three years of the eviction date is ineligible unless the evicted tenant successfully completes a rehabilitation program approved by the San Francisco Housing Authority (which shall include a waiver of this subsection if the circumstances leading to eviction no longer exist) [QHWRA; Sec. 576(a)];
b)    If the SFHA determines that an applicant or any member of the applicant’s household is or was, during a reasonable time prior to the date when the applicant household would otherwise be selected for admission, engaged in any drug-related criminal activity, violent criminal activity, or other criminal activity which would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other resident the SFHA shall:
1)    Deny such applicant admission to the program or to federally assisted housing; and
2)    After the expiration of the reasonable period beginning upon such activity, require the applicant, as a condition of admission to the program or federally assisted housing, to submit to the SFHA evidence sufficient (as provided by regulation) to ensure that the individual or individuals in the household who engaged in criminal activity for which denial was made, have not engaged in any criminal activity during such reasonable period. [QHWRA; Subtitle F; Sec. 576(c)]
For the purpose of reviewing police records for histories of criminal activity, the Authority will consider ten (10) years prior to an admissions determination, a reasonable period of time to check convictions and patterns of criminal activity.
Drug-related criminal activity is defined as “the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance….” [42 USC 1437d]
c)    The Authority determines any member of an applicant household is illegally using a controlled substance; or

d)    The Authority determines that there is reasonable cause to believe that such member’s illegal use (or pattern of illegal use) of a controlled substance, or abuse (or pattern of abuse) of alcohol may interfere with the health, safety, or right to peaceful enjoyment of SFHA property by residents and employees.
5.    At the time of initial intake, applicants will be asked to verify that the above items do not apply to their application.
6.    Not withstanding any other provision of law, no individual shall be considered a person with disabilities, for the purposes of eligibility for low-income housing, solely on the basis of any drug or alcohol dependence. [QHWRA; Subtitle A; Sec. 506(3)]
7.    Not withstanding any other provision of law, the SFHA shall prohibit admission to all federally assisted housing to any applicant household that includes any individual who is subject to a lifetime registration requirement under a State sex offender registration program. [QHWRA; Subtitle F; Sec. 578(a)]
8.    The SFHA shall permanently deny admission to all federally assisted housing, any applicant or household member who has been convicted of manufacturing or producing methamphetamine (commonly referred to as speed) on the premises of federally-assisted housing. [Sec. 16; subsection(f) of the USHA as amended by Sec. 428 of the FY 1999 Appropriations Act]
C.    Consideration of Rehabilitation
1.    When making determinations concerning applicant eligibility, SFHA may consider whether the applicant household member in question can demonstrate that:
a)    They have successfully completed a supervised drug or alcohol rehabilitation program, are no longer engaging in illegal use of a controlled substance or abuse of alcohol, and have been “clean and sober” for a period of no less than twelve (12) months; or
b)    They have been otherwise rehabilitated successfully, are no longer engaging in illegal use of a controlled substance or abuse of alcohol, and have been “clean and sober” for a period of no less than twelve (12) months.
2.    The San Francisco Housing Authority may make inquiries to a drug abuse treatment facility that are solely related to whether the applicant household member in question is currently engaging in the illegal use of a controlled substance in cases where:
a)    The Authority receives information from the criminal record of the applicant that indicates evidence of a prior arrest or conviction; or
b)    The Authority receives information from the records of prior tenancy of the applicant that demonstrates that the applicant engaged in the destruction of property; engaged in violent activity against another person; or interfered with the right of peaceful enjoyment of the premises of another tenant. [QHWRA; Subtitle F; Sec. 575 (u)(1);3(B)(I)(II)]
3.    For persons who previously have been evicted from public housing for drug-related criminal activity, they must provide the SFHA with verifiable evidence that the circumstances leading to the eviction no longer exist.  [42 USC 1437d]
D.    Confidentiality
The San Francisco Housing Authority, as part of its applicant screening process, requires criminal background report information on all adult household members, credit reports, and evictions records in addition to any and all other inquiries it deems essential to determining the suitability of each applicant household for admission or continued occupancy. The Authority will use this information only for the purposes of eligibility determination and such information will not be disclosed to any person who is not an officer, employee, or authorized representative of the agency and who has a job-related need to have access to the information in connection with admission of applicants, eviction of tenants, or termination of assistance. For judicial eviction proceedings, disclosures may be made to the extent necessary to present the case.
E.    Penalty
Any person who knowingly and willfully requests or obtains any information concerning an applicant for, or tenant of, covered housing assistance pursuant to the authority under this subsection under false pretenses, or any person who knowingly and willfully discloses any such information in any manner to any individual not entitled under any law to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. The term ‘person’, as used in this paragraph, includes an officer, employee, or authorized representative of the San Francisco Housing Authority.
F.    Civil Action
Any applicant for, or tenant of, any covered housing assistance affected by (A) a negligent or knowing disclosure of information referred to in this subsection about such person by an officer, employee, or authorized representative of the San Francisco Housing Authority, which disclosure is not authorized by this subsection, or (B) any other negligent or knowing action that is inconsistent with this subsection, may bring a civil action for damages and other such relief as may be appropriate against the SFHA for such unauthorized action. The San Francisco District Court of the United States, if the affected applicant or resident resides in said district shall have jurisdiction in such matters. Appropriate relief that may be ordered includes reasonable attorney’s fees and other litigation costs. [QHWRA, Sec. 575(C)(5)(6)(7)]
III.    PROCESSING OF APPLICATIONS
A.    Registration (Pre-Application) Process
SFHA accepts and processes all applications in accordance with applicable HUD Regulations.
1.    SFHA registrations shall be available throughout the San Francisco community at the following locations:
a)    440 Turk Street
b)    All property management offices
c)    Lease Housing Division, 1237 Van Ness Avenue Section 8 Department, 1815 Egbert
    The registration forms must be returned to the address listed on the registration form.  Registration forms will not be accepted at any other locations.
a)    Registrations will be date/time stamped upon receipt.
b)    Eligibility staff will enter registrations into computer system.
2.    The registration process shall ask sufficient information to allow selection according to the Tenant Selection and Assignment Plan.
a)    All preferences with point values will be included.
3.    SFHA staff shall accept all registrations even if an informal discussion reveals the applicant may not be eligible.
a)    Families will not be discouraged from registering or be rejected based on “apparent ineligibility.”
b)    Registrations will be accepted from persons who do not live or work in the City/County of San Francisco.
c)    A public housing family may contain family members who wish to apply for public housing as a separate family. These registrations shall be accepted.
4.    Monthly, the eligibility staff will mail an eligibility letter to all applicants who registered that month and who appear to be eligible.
a)    Notation made in computer field of original date of registration, and that eligibility letter generated.
5.    Monthly, the eligibility staff will mail an ineligibility letter to all applicants who registered that month and who appear to be ineligible.
a)    Notation will be made in computer field of original date of registration, and that ineligibility letter generated.
b)    SFHA staff to input into computer specific reason(s) for determination of ineligibility.
Letter shall include specific reason(s) for ineligibility and applicant’s right to dispute SFHA’s determination.
B.    Waiting List Management
1.    The Authority’s waiting list is administered according to HUD regulations and any applicable court orders. Applicants are placed on the waiting list by bedroom size, by date and time of application and any applicable preferences.
2.    SFHA will update the waiting list at least once a year by removing the names of those families who are no longer interested, no longer qualify for housing, or cannot be reached by telephone or mail. At the time of initial intake, SFHA will advise families of their responsibility to notify the SFHA when their circumstances, mailing address or phone numbers change.
3.    Opening and closing waiting lists:
a)    SFHA, at its discretion, may restrict application intake, suspend application intake, and close waiting lists in whole or in part. SFHA may elect to: close a waiting list completely; close a list during certain times of the year; or restrict intake by preference (including income in a mixed income property), type of project, by bedroom size, or type of dwelling unit.
b)    Decisions about closing the waiting list will be based on the number of applications available for a particular size or type of unit, the number of applicants who qualify for a preference, and the ability of SFHA to house an applicant in an appropriate unit within a twelve-month period. SFHA will publicly announce any decision to close a waiting list, restrict intake, or re-open a waiting list.
c)    During the period when the waiting list is closed, SFHA will not maintain a list of individuals who wish to be notified when the waiting list is reopened.
4.    Change in preference status while on the waiting list
a)    Applicants are responsible for contacting SFHA when the family experiences a change in the circumstances that qualifies applicants for a housing preference. Upon such notification, SFHA will review the family’s preference status and adjust their position on the waiting list accordingly.
b)    SFHA will inform applicants in writing of how the change in status has affected the family’s place on the waiting list.
5.    Applicants must notify SFHA of any change in address.
If applicants fail to respond to any SFHA correspondence, or if any mail sent from SFHA to the applicant is returned undelivered, the SFHA will mail the correspondence by certified mail, and will document the file.
If there is no response to the certified correspondence, or if the correspondence is returned to the SFHA, the applicant will be dropped from the waiting list.  Reinstatement to the waiting list will be considered if:
a)    the applicant contacts the SFHA within 6 months one year of the date of withdrawal from the waitlist and requests to be reinstated; and,
b)    the applicant can provide “good cause” for the lack of response to SFHA correspondence (moving to a new address is not a “good cause” unless the applicant can demonstrate that SFHA was notified); and,
c)    the applicant can provide documentation to support the “good cause”.
If the head of household on the application has removed himself/herself from the household due to domestic violence, the SFHA will consider this a “good cause” for not responding to correspondence.  The head of household must provide documentation (i.e., restraining orders, court orders, a letter from a domestic violence shelter or caseworker) to verify the domestic violence circumstances.
SFHA will consider reasonable accommodation for persons with disabilities, serious medical conditions, or emergencies on a case-by-case basis.
C.    Household Splits
If a household on the waiting list splits into two otherwise eligible families due to divorce, legal separation, or as the result of domestic violence, and the new households both claim rights to the application status on the waiting list, the SFHA will make a determination as to which household has rights to the application based on the following priorities:
1.    Which household member applied as the head of household.
2.    Which family unit retains the children or any disabled or elderly family member(s).
3.    Restrictions that were in place at the time the household registered for public housing.
4.    Role of domestic violence in the split.
5.    Recommendations of social service agencies or qualified professionals, such as the children’s protective services.
Documentation of these factors is the responsibility of the applicant households.  If either, or both, of the households do not provide documentation, they may be denied placement o the waiting list for failure to supply information requested by the SFHA.  If the household that does not retain the rights to the application so desires, the head of household of that household may register as a separate household.  The new registration will be dated as of the new registration date, not that of the original registration.
In cases where domestic violence plays a role, the standard used for verification will be the same as that required for the “displaced due to domestic violence” preference.
D.    Joint Custody
Children who are subject to a joint custody agreement, but who live with one parent at least 51% of the time, will be considered members of that household.  When both parents are on the waiting list, and both are trying to claim the child, the parent whose address is listed on the school records, or who is receiving monetary aid from DHS, will be allowed to claim the child as a dependent.  This child will be factored into the bedroom size calculation.
For the parent who cannot claim the child as a dependent, even if the joint custody agreement awards her or him 49% of the child’s time in the household, s/he is not entitled to claim the child as a dependent and the child will not be used to calculate bedroom size.
IV.    FACTORS AFFECTING THE OFFERING PROCESS
Certain factors, such as bedroom size, accessible features, and unit designation, affect the “matching” of a qualified applicant family to a housing unit, and thereby influence offers of housing.
A.    Bedroom Size and Unit Standards
The San Francisco Housing Authority will house applicants and residents according to their appropriate bedroom size. Households are matched to units according to family size, the minimum and maximum persons allowable per unit, and general occupancy standards with discretion permitted to accommodate family circumstances and family choice.
1.    The SFHA has established a minimum and maximum number of persons allowable per unit using the standards highlighted in the table below. In using this table, the living room or dining room will not be used as a bedroom.
Minimum-Number-of-Persons-Per-Unit Standard
Number of Bedrooms    Max Persons/Unit    Min Persons/Unit
    0BR    1    1
    1BR    2    1
    2BR    4    2
    3BR    6    3
    4BR    8    6
    5BR    10    8
    6BR    12    10
2.    SFHA has two categories of occupancy standards, which will be used when determining the appropriate bedroom size for a household: standards that cannot be modified and standards that may be modified.
a)    The following standards cannot be modified, unless it is a case of reasonable accommodation for a person with disabilities or at the discretion of the Executive Director or designee.
(1)    Two children of the same sex, regardless of age, will be required to occupy the same bedroom;
(2)    A live-in attendant may be assigned a bedroom;
(3)    An unborn child shall be considered as a person in determining unit size. A single pregnant woman shall be assigned to a one-bedroom unit;
(4)    Children who are temporarily away from the home because of placement in foster care, kinship care or away at school will be considered in bedroom size;
(5)    Housing assistance limitation for single persons: A single person who is not elderly, or a person with a disability, or a displaced person (a person that becomes homeless as the result of a federally declared natural disaster), or the remaining member of a resident’s family, will not be provided a housing unit with two or more bedrooms. [24 CFR 5.405(c)]
(6)    A displaced person (as defined in 24 CFR 5.403) may occupy a unit with two or more bedrooms if zero- to one-bedroom units are not available at the time of the displacement designation. However, upon recertification, a displaced person is subject to unit standards and will be housed in a unit according to the appropriate bedroom size;
(7)    A remaining family member may occupy a unit with two or more bedrooms if the unit in which they reside is larger than a one-bedroom unit. However, upon recertification, the remaining family member is subject to the unit size standards and will be housed in a unit according to the appropriate bedroom size.    
b)    To expedite an offer of housing, the following standards may be modified at the request of the family:
(1)    Persons of different generations (parent, child, grandparent) or opposite sex (other than husband and wife) may occupy the same bedroom.
(2)    Two children of the opposite sex may share a bedroom
(3)    A single head of household parent may share a bedroom with his/her children.
(4)    Any requests by the family must be in writing and will be documented in their applicant/housing file.
3.    Under these unit standards, applicant households may be eligible for more than one bedroom size. In such instances, the family may be placed on waitlists for both bedroom sizes. For example: A mother with an infant chooses a one-bedroom unit over a two-bedroom unit to be housed quicker. At any time during the Admissions process, an applicant may remove their request to modify occupancy standards to be housed in a smaller unit. This action will not be considered a refusal of housing.
4.    For purposes of construction or rehabilitation of units, the unit bedroom size distribution will be based on the bedroom size demand from the waiting list, census tract information regarding the average size of low income families, the current SFHA population (including relocatees), budgetary and spatial limitations.
B.    Accessible Units
Refer to Section V, Part C.
C.    Designated Units
1.    Listed below are four types of designated units. When such matching is required or permitted by law, SFHA will give preference to the families described below:
a)    Units Designated for Elderly Families   [24 CFR 945.201, 945.105, 945.203, and 945.303] — in accordance with the 1992 Housing Act, elderly families will receive a preference for admission to such units or buildings covered by an approved Allocation Plan.
b)    Units Designated for Families with Disabilities   [24 CFR 945.105, 945.201, 945.203, 945.205, and 945.303] — in accordance with the 1992 Housing Act, disabled families will receive a preference for admission to units that are covered by an approved Allocation Plan;
c)    Mixed Population Units   [24 CFR 945.105 and 960.401, 960.403, 960.405, 960.407 and 24 CFR 960.405] — in accordance with the 1992 Housing Act, elderly families and families with disabilities will receive equal preference for admission to these units. No limit will be established on the number of elderly versus the number of families with disabilities that may occupy a mixed population property;
d)    Mixed Income Units – units designated for families whose income is between 40 to 80 percent of the San Francisco metropolitan area median income [24 CFR 5.410(e) and 24 CFR 5.415(b)(1)].
D.    Income Targeting
The SFHA shall ensure that at least 40% of its new admissions each fiscal year are to families whose incomes at the time of initial occupancy do not exceed 30% of the San Francisco area median income (AMI).
E.    Deconcentration
The SFHA’s local preferences are designed to provide for deconcentration of poverty and income mixing by bringing working families into public housing developments. The SFHA’s deconcentration analysis is fully described in the PHA Plan. The SFHA will not skip names on the waiting list to promote deconcentration.
F.    Local Housing Preferences
1.    Section 514 of the “Quality Housing and Work Responsibility Act of 1998” (QHWRA) permanently repealed the “Federal Preferences” (Involuntary Displacement, Substandard Housing, and Paying More Than 50% Towards Rent). In response to public hearings conducted in the development of this Admissions and Continued Occupancy Policy, the SFHA has adopted the old “Federal Preferences” as “Local” preferences. In order to be consistent with HUD’s mandate to diversify the income levels within public housing developments, the SFHA has adopted a local preferences giving priority to working families [QHWRA; Sec. 514]. The criteria for the local preferences shall be reasonably related to attaining, to the maximum extent feasible, a tenant population in each development that is composed of families with a broad range of incomes. The Authority has adopted local preferences that are reasonably calculated to attain this basic objective [24 CFR; Sec. 960.205(c)]. Applicant families who qualify for a local preference shall have preference for admission.
2.    Definition of local preferences
a)    First, preference shall be given to applicants whose family head or spouse is employed at least 32 hours per week. Employed means working and earning wages. The amount of earnings shall not be a factor in granting this Local Preference. Families whose family head or spouse or whose sole remaining member is 62 years of age or older or a person with disabilities, will also receive this preference.
b)    Second, preference shall be given to families whose head or spouse is employed at least 20 hours per week; or is attending an accredited institution of higher learning (college, trade school, vocational school or a GED program) full-time and the course study is expected to lead to employment; or verifiable participation in or graduation from an accredited job training program. The amount of earnings shall not be a factor in granting this preference.
c)    Veterans’ preference shall be given to veterans and surviving spouses of veterans. A veteran is someone who is recognized by a local, state or federal government agency as a veteran, and he or she receives or qualifies for veterans’ benefits.
d)    The SFHA shall give a preference to recognize victims of domestic violence qualified for a local preference. [QHWRA; Sec 513]
e)    The Authority has adopted, as a preference, rent burden, or families paying more than 50 percent of their gross monthly income for rent and utilities.
f)    The Authority has adopted substandard housing as a preference. Substandard housing is defined as:
(1)    Dilapidated housing:
i.    Does not provide safe and adequate shelter and endangers the health, safety or well-being of family; or
ii.    Has one or more critical defects or combination of intermediate defects in sufficient number or extent to require considerable repair or rehabilitation.
(2)    The former federal preference did not include “overcrowded” as part of the definition of substandard housing. The SFHA does not include “overcrowded” as included in the definition of substandard housing.
g)    Further, the Authority recognizes the following as local preferences:
(1)    Applicants who are long–term homeless and in need of permanent replacement housing
i.    An individual is considered homeless if he or she lacks a fixed, regular, and adequate nighttime residence, or the primary residence is a supervised public or privately owned shelter, welfare hotel, or transitional housing facilities.
(2)    Displaced. applicants qualify for involuntary displacement preference if either of the following applies:
i.    Applicant has been involuntarily displaced and is not living in standard permanent replacement housing; or
ii.    Applicant will be involuntarily displaced within 90 days from the date of preference status verification by the family or verification by the PHA.
iii.    Involuntary displacement may be the result of:
a.    Disaster
b.    Government action
c.    Owner action (does not include rent increases)
d.    Hate crimes
e.    Unit inaccessibility
f.    Physical violence
g.    Displacement to avoid reprisals
h)    The SFHA also has adopted as a local preference those families who live, work, or have been hired to work in the City/County of San Francisco.
i)    The SFHA reserves the right to set aside units for targeted populations not to exceed ten per cent of the total public housing stock.
3.    The number of new admissions under this category is subject to the statutory conditions set forth in paragraph D (Income Targeting) above.
4.    Prohibition of preference if applicant was evicted for drug-related criminal activity
The San Francisco Housing Authority will not give any preference to an applicant if any member of the family is a person who was evicted during the three years prior to applying because of drug-related criminal activity from any assisted housing program. The Authority may consider granting a preference in any of the following cases:
a)    If the SFHA determines that the evicted person has successfully completed a rehabilitation program approved by the SFHA; or
b)    If the SFHA determines that the evicted person clearly did not participate in or knew about the drug related criminal activity; or
c)    If the SFHA determines that the evicted person no longer participates in any drug-related criminal activity.
G.    Waiting List Management
1.    Applicants may claim qualification of a Local Preference when they apply for admission, or thereafter, until they are offered a unit. Prior to executing a lease, the applicant must provide the SFHA with verification that according to the applicant’s current status, he/she still qualifies for the preference.
2.    Should the SFHA exhaust the pool of applications with local preferences, applications from those applicants who do not have local preference will be considered for admission.
3.    No applicant shall be denied a local preference for which the family otherwise qualifies, on the basis that the applicant already resides in assisted housing.
4.    The preference system described above will work in combination with requirements to match the characteristics of the family to the type of unit available as described in Part C of this Section and Part C of Section V.
5.    At the time of full application, local preferences will be verified. Verification of local preferences will include checking vacant records to make sure that there exists no prohibition on the granting of the preference as stipulated in paragraph 3 above.
6.    At the time of initial application, each applicant must certify that he/she qualifies for a local preference. The SFHA will advise the family to notify the SFHA of any change that may affect their ability to qualify for the preference.
7.    Applicants that are otherwise eligible and are certified as qualifying for a local preference will be placed on the waiting list in the local preference applicant pool.
8.    Families that do not qualify for a local preference at the time of application will be notified in writing and advised of their right to an informal meeting to discuss the determination. The applicant will be further advised that he/she may exercise other rights if the applicant feels that illegal discrimination, based on race, color, religion, national origin, age, disability, or familial status contributed to the SFHA’s decision to deny a preference. If otherwise eligible, the family’s application will then be placed on the waiting list in the appropriate non-preference category based on the date and time of application.
9.    Applicants that certify/verify to a local preference at the time of initial application must be able to verify their preference status prior to the offer of a unit if the verification of preference is over 90 days old.. Applicants that cannot subsequently verify their preference will lose their preference qualification and will be reconfigured in the non-preference category based on the date and time of application.
10.    The Eligibility Department will conduct an annual review of all lists, asking applicants to renew their interest in public housing.
V.    SCREENING APPLICANTS, INCLUDING FOR DRUG AND OTHER CRIMINAL ACTIVITY
The SFHA's developments will not be used as housing of last resort.  All applicants for public housing will be screened according to the basic policies and standards set forth in the authority's Admission and Continued Occupancy Policy (ACOP).
A.    General Principles of Screening
The screening criteria in the Admissions and Continued Occupancy Policy are based on those set forth in the HUD Regulations [24 CFR Part 960.205] and in the applicable sections of the Quality Housing and Work Responsibility Act of 1998 (QHWRA). The regulations require an assessment of the behavior of each applicant with respect to the essential obligations of tenancy as expressed in the Authority's lease. The essential obligations of tenancy may be summarized as follows:
1.    To pay rent and other charges under the lease in the manner set forth by the SFHA in the lease;
2.    To care for and avoid damaging the unit and common areas, to use facilities and equipment in a reasonable way; not to create or maintain health, safety or sanitary hazards, and to report, promptly maintenance needs;
3.    Not to interfere with the rights and enjoyment of others, and not to damage the property of others;
4.    Not to engage in criminal activity that threatens the health, safety or right to peaceful enjoyment of other residents or staff; and not to engage in drug-related criminal activity on or near the premises; and
5.    To comply with necessary and reasonable rules and program requirements of HUD and the SFHA; to comply with health and safety codes.
B.    Applicant Interviews and Verification Documents
1.    SFHA will schedule applicant interviews as families approach the top of the waiting list. In this interview, the following items will be verified to determine qualification for admission to public housing:
a)    Family composition and type (Elderly/Disabled/Non-elderly)
b)    Annual Income
c)    Assets and Asset Income
d)    Allowance Information
e)    Preferences
f)    Social Security Numbers of all Family Members
g)    Information Used in Applicant Screening
2.    SFHA will verify all applicants’ claims by: a written third party verification; phone verifications with the results recorded in the applicant file with staff signature; or, if no other form of verification is available, applicant certification. Applicants must sign releases, verification consent forms, and otherwise cooperate fully in obtaining or providing the necessary verifications. Failure on any applicant’s part to provide or sign the required documents will result in the rejection of the application and removal from the waiting list.
3.    SFHA will obtain a declaration of citizenship or eligible immigration status from every household member, or a declaration on non-contending status.
4.    Applicants reporting zero income must complete a family expense form. With this form applicants will estimate the money spent on: food, beverages, transportation, health care, childcare, debts, household items, etc. Also, applicants will be asked about the status of any application or benefits through Temporary Assistance for Needy Families or other similar programs.  “Zero income” applicants who are admitted into SFHA must undergo re-certifications of income according the Residential Lease Agreement and Contract every 90 days.
5.    Applicant files shall indicate the date and time of receipt of public housing information and SFHA’s determination of eligible or ineligible. Eligible applicant files will also include: the unit size needed; a completed Unit Requirements Questionnaire; any applicable preference rating; and a history of housing offers highlighting the date, unit address, and the circumstances of each vacancy offered and accepted or refused.
C.    Applicant Screening Criteria
1.    All SFHA applicants will be screened in accordance with HUD's regulations [24 CFR 960; QHWRA] and SFHA Applicant Screening. The regulations require an assessment of the behavior of each applicant with respect to the essential obligations of tenancy as expressed in the Authority’s lease.
2.    All applicants must demonstrate through an assessment of current and past behavior the ability:
a)    To pay rent and other charges as required by the SFHA Residential Lease Agreement and Contract in a timely manner;
b)    To care for and avoid damaging the unit and common areas;
c)    To use facilities and equipment in a reasonable way;
d)    To create no health, or safety hazards, and to report maintenance needs;
e)    Not to interfere with the rights and peaceful enjoyment of others, and to avoid damaging the property of others;
f)    Not to engage in any activity that threatens the health, safety or right to peaceful enjoyment of other residents or staff;
g)    Not to engage in drug-related criminal activity or illegal drug or alcohol abuse;
h)    To comply with necessary and reasonable rules and program requirements of HUD and the SFHA; and
i)    To comply with health and safety codes.
3.    The applicant’s signature on the application and all other necessary consent forms authorizes SFHA to make necessary inquiries into the applicant’s behavior or background as it relates to lease compliance. This includes obtaining arrest and conviction information in order to determine the likelihood of lease compliance.
4.    Information requested for applicant screening shall be reasonably related to assessing the conduct of the applicant and other family members listed on the application. Any costs incurred to complete the application process and screening must be paid by the SFHA.
5.    Screening factors used in the application process include, but are not limited to: credit check, payment history for utility charges, current and prior landlord histories, and criminal background checks (including arrest history).  If necessary, fingerprints will be used to assure the accuracy of background information obtained.  Failure to meet the requirements of these “checks” will result in applicant rejection.
6.    As part of the screening process, all applicants will be required to complete a pre-occupancy briefing designed by SFHA or by the resident leadership if offered at the site of intended residency and approved by SFHA. In all cases, a pre-occupancy briefing must be completed prior to occupancy of a unit. Failure to attend and satisfactorily complete the briefing will result in rejection of the application and/or withdrawal of a unit offer.
7.    Applicants determined eligible and suitable for admission will be notified by mail or in a format designated by the applicant. This notice will include the approximate date of occupancy. However, since the date is an estimate, applicants should not expect to be housed by that date. The availability of a suitable unit to offer a family is contingent upon factors not directly controlled by SFHA such as turnover rates and market demands, as they affect bedroom sizes and project location [24 CFR 960.207 (b)].
8.    Applicants determined to have negative items revealed during the screening process will be given the opportunity through a meeting, to present any “mitigating” circumstances that the SFHA will consider before rendering a determination for rejection of admission. Thereafter, applicants unqualified for admission will be promptly notified. These applicants will receive a Notice of Ineligibility from SFHA, stating the basis for such determination. SFHA shall provide such applicants with an opportunity for an informal hearing of the determination. The informal hearing for applicants should not be confused with the resident grievance process.  Applicants are not entitled to use of the resident grievance process except for denial of admission because the PHA has determined that no one in the family is a citizen, national, or eligible immigrant. [24 CFR 960.207(a)]
9.    In addition to mitigating circumstances, applicants who are known to have a disability and have been determined eligible but who fail to meet the screening criteria, may ask for reasonable accommodation in order to meet the obligations of the lease and to fully participate in the program.  All requests for reasonable accommodation must be submitted in writing.  SFHA will not assume that an individual with a known or assumed disability requires reasonable accommodation.  
D.    The Application Process
1.    The application and screening form
a)    When completing the registration forms, the applicant will be required to provide answers to certain key questions concerning the applicant’s eligibility, preferences, and resident history. Applicants must provide Social Security Numbers (SSN) for all family members aged six or older (or certification that application has been made for a SSN or none has ever been assigned) and the name, address and telephone numbers of current and former landlords, and past and present housing providers. Applicants must also declare citizenship status or provide sufficient information to establish eligible immigration status.
b)    Failure to provide this information will result in cessation of application processing and possible rejection of the application. Housing authority staff is available to guide applicants, as needed, in understanding the application process and completing SFHA's application and screening forms.
2.    Screening factors used in the application process include, but are not limited to: security and background check, credit check, payment history for utility charges, prior landlord history, and a home visit. Failure to complete or comply with any of these phases will result in rejection.
3.    SFHA staff will complete a Screening Interview Checklist for each application file. If, at any point in the screening process, it becomes clear to staff that an applicant will not meet the screening criteria, the checklist will be signed and the rejection noted. The same procedure will be followed when applicants are certified acceptable for admission.
4.    Verification standards for checking information provided by the applicant
a)    Verification by a third party: Verification by third parties must be in writing. An exception may be made at the discretion of the SFHA to permit phone verification when SFHA staff determines from all available information that written verification is impractical, or processing of the application is unnecessarily delayed by the third party's failure to respond. SFHA, at its discretion, may consider other available information.
b)    After the SFHA completes the screening interview, staff will send a first mailing to the third party verification sources identified by the applicant. After 15 calendar days, if no response has been received to the first mailing, SFHA staff will contact the third party by phone, fax, or send a second mailing.
c)    After the second mailing, if the third party does not provide either a phone or written verification, SFHA will advise the applicant that the third party is not cooperating in the verification process. The SFHA may ask the applicant to contact the third party directly to speed up the verification process. Applicants will not be given verification forms. All transactions will be between SFHA staff and the third party.)
d)    Phone verifications must use the same form previously mailed to the third party. All the information included in the written verification must be gathered during the phone contact. SFHA staff will complete the form. The contact person, date and time of conversation will be noted and the SFHA staff person who made the phone call will sign the form. Initials are not acceptable.
e)    Review of documents -SFHA staff will review documents submitted by the applicant when:
(1)    The information requested does not require third party verification (e.g. rent receipts and lease agreements, utility bills); or
(2)    Third-party verification is impossible. SFHA staff will copy documents into the applicant's file or list the documents and the information on them. SFHA staff will document file if unable to obtain third party verification.
f)    Applicant certification - SFHA may accept applicant certification only when required by HUD regulations or when other preferred forms of verification are impossible to obtain.
5.    General procedures applicable to verifying information
a)    Information subject to change - These verifications are valid for 90 days from the date received by the SFHA. Information may be updated by phone for an additional 30 days. SFHA will not ordinarily rely on verifications that are more than 120 days old.
b)    Information not subject to change - the authority will verify this information only once (e.g., verification of age with birth certificates, citizenship or immigration declarations.)
c)    Each applicant folder will include a File Completion Checklist to track progress and a Verification Log documenting verification efforts.  The Verification Log will record the forms sent, date sent, and date the information is received by SFHA staff.  Upon completion of a folder, the SFHA staff person will sign the File Completion Checklist and certify as to the completeness of the File. The File will also contain an Applicant Approval Record which will include the signatures of all staff involved in completing the intake process: a review by and signature of the staff person who made the eligibility determination to either approve or deny, a review by and signature of the staff person who processed the through the screening process, and the signature of the Eligibility manager who conducts a final file review and approves each file for leasing.
d)    Each SFHA verification will include the following: (a) explanation of why the information is being requested; (b) a copy of SFHA's general release of information with the applicant's signature or the applicant's signature on the verification form; and (c) the questions essential to soliciting the information required by the SFHA.
e)    The SFHA will send third party verifications directly to the source, not through applicants. Third party verifications will include a self-addressed stamped envelope for return to the SFHA. Verifications may also be faxed to a third party with a return fax to SFHA provided the original form is later forwarded by mail and/or the fax transmission is confirmed by printed receipt at the time of transmission, or verified by phone with a notation to the file.
6.    Limited inquiries into medical issues
a)    Medical information is offered either to explain mitigating circumstances and/or seek a reasonable accommodation. For example, if an applicant had a poor rental history but stated that the previous history was caused by a disability that is now being successfully treated, SFHA staff will verify:
(1)    That the applicant did, in fact, have a disability, and
(2)    That the former problems were caused by the disability; and,
(3)    That the present treatment, or reasonable accommodation, can be expected to prevent the recurrence of the problems.

b)    If an applicant's former housing problems were due to the applicant's resisting or refusing treatment, the SFHA would be justified in verifying whether the applicant would be reasonably likely to continue with the current treatment. In this instance, it is not necessary for SFHA to obtain medical information beyond verifying the applicant's assertions about the reasons for past problems, the likelihood of continuing treatment, and that the treatment will remedy the problem.
7.    Issues regarding former tenancy
a)    Conditions of former tenancy may not apply to a current applicant, individual or group, where the new lessee is to be a person other than the former lessee.
b)    Any family member who signed a previous lease or occupancy agreement will be considered responsible for the family's former actions. Applicants will be allowed to explain any mitigating circumstances.
c)    In cases of criminal activity, including drug related activity, the SFHA may prohibit the family member engaged in such activity from residency in a SFHA unit.
d)    At the time of registration, SFHA staff will advise the applicant of any outstanding balances owed to the SFHA (For either public housing or section 8). Amounts must be paid in full prior to the application being accepted by the Authority.
e)    Should the applicant successfully demonstrate to the SFHA that a charge is invalid, SFHA will reinstate the applicant to the waiting list using the original date and time of application and any applicable preferences.
8.    Documentation of information received during the application process
a)    SFHA will accept credible evidence to verify information received during the application process. (NOTE: Refer to Section XI of these procedures to review specific criteria and requirements)
b)    Misrepresentation of eligibility, including but not limited to eligibility, award of preference for admission, allowances, family composition, rent during the application process:
(1)    If, during the course of processing an application, it becomes evident that an applicant has falsified or otherwise misrepresented any facts about his/her current situation, history, or behavior in a manner that would affect eligibility, Local Preferences, applicant selection criteria qualification, allowances or rent, the application shall be rejected.
(2)    This provision shall not be applied to minor mistakes in fact (such as typographical errors) that produce no benefit to the applicant
E.    Security and Background Check
1.    The SFHA will verify any involvement in criminal activity on the part of any applicant family member who intends to reside in the SFHA leased premises:
a)    Applicants will be advised at the time of intake and at the start of the screening interview that criminal behavior will jeopardize admission to a SFHA community. Criminal activity that occurs while an applicant’s family is on the SFHA's waiting list will receive additional weight in SFHA's decision to reject an applicant family.
b)    Involvement in criminal activity by any member of an applicant family that would adversely affect the health, safety or welfare of other tenants will be verified using information from the criminal records system of the City and County of San Francisco, the State of California, and the federal National Crime Information Center (the "NCIC"). The SFHA will also examine criminal histories provided by other States or municipalities, court records, and other evidence that might document any criminal activity. In addition, the current and former landlords and housing providers will be asked to indicate problems during the applicant’s tenancy. The Authority will review police reports for any criminal activity during the ten (10) year period prior to consideration for admission.
c)    SFHA may use a third party service to check criminal history. SFHA will also interview the applicant using the Interview Screening Checklist.
d)    SFHA will use the criminal records system of the City and County of San Francisco, the State of California, the NCIC, and other states and/or municipalities to check all applicants for any evidence of:
(1)    Any and all information relative to any criminal convictions or activity, both felonies and misdemeanors within the past ten years;
(2)    Any and all information relative to any criminal charges that are currently pending before the court of the State of California or any jurisdiction, including the federal courts;
(3)    Lifetime sex offender registration requirement for any household member. The SFHA will check in California and any other states where any family member is known to have resided.
e)    The criminal records system shall be used to assess the applicant's past behavior especially the commission of violent crimes, drug related criminal activity of any kind, disturbance of neighbors, or destruction of property.
(1)    Without substantial evidence of mitigating circumstances (including serving jail time and rehabilitation) the SFHA will not admit persons engaging in any criminal activity violating state and/or federal law.
(2)    Examples of criminal offenses that will be considered include, but are not limited to: disturbing the peace, drunk and disorderly conduct, threats or harassment, domestic violence, including actual or threatened violence toward members of an applicant household, assaults, destruction of property, vandalism, citations for health and sanitary code violation, possession of an unlawful weapon, criminal damage, arson, and home invasion.
(3)    In applying the above provisions, the SFHA will consider the nature of the offense and any mandatory penalties in accordance with state and federal law, including but not limited to the California "Three Strikes You're Out" Act.
f)    Documentation of any of the following criminal activity by any applicant family member who intends to reside in the SFHA leased premises may result in rejection of the applicant family. Documentation of such activity may be considered alone or in conjunction with other criminal activity such as:
(1)    Use, distribution, or possession of illegal drugs by an applicant family member who intends to reside in the SFHA leased premises.
(2)    Documentation from the criminal records system, or other verification of criminal activity, that shows a history of property-related crimes such as burglary, robbery, larceny, weapon charges, and possession and receipt of stolen goods.
(3)    Documentation from the criminal records system, or other verification of criminal activity, that shows a history of crimes that endanger the health or safety of others such as assault, battery, public intoxication (drunk & disorderly), prostitution.
(4)    Documentation from the criminal records system, or other verification of criminal activity, that shows a history of crimes that endanger the health or safety of others such as homicide/murder, rape, child molestation, spousal or child abuse, or drug related crimes as referenced.
(5)    Not withstanding any other provision of law, the SFHA shall permanently prohibit admission to all federally assisted housing to any applicant household that includes any individual who is subject to a lifetime registration requirement under a State sex offender registration program. [QHWRA; Subtitle F: Sec. 578 (a)]. No mitigating circumstances will be considered.
(6)    Further, the SFHA shall permanently deny admission to all federally assisted housing, any applicant or household member who has been convicted of manufacturing or producing methamphetamine (commonly referred to as "speed") on the premises of federally assisted housing. No mitigating circumstances will be considered. [Sec. 16; subsection (f) of the USHA as amended by Sec. 428 of the FY 1999 Appropriations Act]
g)    All criminal activity will be weighed against the obligations of tenancy, including the likely impact on a SFHA community and the danger to the health or safety of residents or staff. The SFHA considers certain criminal acts or repeated criminal behavior as evidence that the, applicant is not capable of meeting lease requirements.
2.    In evaluating criminal activity or drug-related criminal activity, the SFHA will give the greatest weight for admission to applicants with no record of criminal activity or behavior of any kind; minor or infrequent offenses that do not, when taken together, indicate the pattern of a repeat offender, or a record of criminal activity with clear and verifiable evidence of improved behavior sustained over a significant period of time. (A period of improved behavior while on the waiting list will also be considered by the SFHA.)
3.    Criminal activity, drug related criminal activity, alcohol abuse, other factors and considerations will include:
a)    Mitigating circumstance and criminal activity
(1)    Staff will consider the dates, subject to any local criteria, and circumstantial activity, the seriousness of the offense, whether the offense occurred only once or was repeated, and the number and duration of rehabilitation efforts, if any, and whether offender has avoided subsequent criminal activity or behavior since the offense.
(2)    With respect to criminal behavior, evidence of any mitigating circumstances or rehabilitation must be compelling and substantial before the SFHA will consider accepting an applicant with a significant criminal history.  SFHA will look for a period of time where the applicant's behavior is improved and there is no evidence of criminal activity.  SFHA will consider the applicant's behavior and reputation in the community both before and after the offense, and any other evidence indicating a likelihood that the offender will not engage in any future criminal activity.
(3)    However, consideration of verifiable mitigating circumstances does not guarantee that an applicant will be admitted. Evidence of certain crimes or repeated crimes can result in rejection. Evidence of mitigating circumstances or evidence of rehabilitation does not require the SFHA to disregard potentially disqualifying activity.
    See the discussion later in these procedures for a review of how mitigating circumstances are considered.
b)    Drug-related criminal activity:
(1)    SFHA will not admit current users of illegal drugs or alcohol abusers.
(2)    The Fair Housing Act explicitly states that current illegal drug users ARE NOT a protected class (persons with disabilities) and permits SFHA to reject such applicants. Further, not withstanding any other provision of law, no individual shall be considered a person with disabilities, for the purposes of eligibility for low-income housing, solely on the basis of any drug or alcohol dependence. [QHWRA; Subtitle A; Sec. 506(3)]
(3)    Applicants who are former drug users  and whose housing histories reveal no circumstances which point to future lease compliance problems, will be considered for admission. However, if problems with housing or criminal histories emerge during screening or the applicant's own disclosures indicate that the applicant may be a current user of illegal drugs, the SFHA will require documentation that the applicant is no longer using drugs, including behavioral evidence that the applicant has made a life-style change.
i.    SFHA will require an applicant to document that he or she is a former user if objective evidence raises a question about whether the applicant is a current user of illegal drugs. However, demonstrating that a person is not a current user does not automatically guarantee admission. The person with disabilities is still required to meet all other applicable screening criteria.
 (4)    Where an applicant's documentation from the criminal records system includes numerous drug-related and other crimes (felonies or misdemeanors not necessarily drug related) SFHA will deny admission, but will consider information from drug treatment centers. Successful recovery does not mean that the SFHA will ignore a background of criminal behavior. Demonstrating that an applicant is not a current user is only part of the screening evaluation; all other screening criteria must be met.
i.    The PHA will require a signed consent form by which the PHA shall submit a request to a drug abuse treatment facility with respect to each proposed household member who is at least 18 years old, and for family head or spouse regardless of age
a.    Whose criminal record indicates prior arrest or conviction for any criminal activity that may be a basis for denial of admission; or
b.    Whose prior tenancy records indicate that the proposed household member:
(i)    Engaged in the destruction of property;
(ii)    Engaged in violent activity against another person; or
(iii)    Interfered with the right of peaceful enjoyment of the premises of other residents.
ii.    The written consent form shall authorize the SFHA to:
a.    Receive information from the drug abuse treatment facility stating only whether the facility has reasonable cause to believe that the applicant is currently engaging in the illegal drug use;
b.    Receive such information from the drug abuse treatment facility, and to utilize such information in determining whether to prohibit admission of the household.
iii.    The written consent form expires automatically after the SFHA has made a final decision to either approve or deny the admission of such person.
iv.    Such confidential information will not be misused or improperly disseminated and will be destroyed no later than five (5) business days after the date on which the PHA gives final approval for admission.
v.    If the application is denied, the information will be destroyed within a reasonable time (12 months) following the date on which the statute of limitations for commencement of a civil action based upon that denial of admissions has expired without the filing of a civil action or until final disposition of any such litigation.
(5)    Alcohol abuse and screening - Alcohol is a legal drug; therefore, simple use or even abuse of alcohol is not grounds for rejecting an applicant.
i.    It is the SFHA's policy that an applicant who the authority believes exhibits a pattern of abuse of alcohol that may interfere with the health, safety or right to peaceful enjoyment of SFHA property by residents and employee is, will be denied admission.
ii.    If screening reveals past tenancy problems, and the applicant asserts that those problems were caused by alcohol abuse that is no longer occurring, staff will verify the information by the following procedure:
a.    confirm that the negative behavior was, in fact, caused by alcohol abuse;
b.    document (using methods similar to those described above for former users of illegal drugs) that the applicant is no longer abusing alcohol; and,
c.    review the applicant's housing history since entering recovery to ensure that no other behavior problems still exist.
(6)    Confidentiality - Pursuant to Section 575; (c) (5) of the Quality Housing and Work Responsibility Act of 1998 (The “QHWRA”), the San Francisco Housing Authority, when receiving criminal records, may use such information only or the purposes provided in this subsection and such information may not be disclosed to any person who is not an officer, employee, or authorized representative of the agency and who has a job-related need to have access to the information in connection with admission of applicants, eviction of tenants, or termination of assistance.
For judicial eviction proceedings, disclosures may be made to the extent necessary. The Secretary shall establish procedures necessary to ensure that information provided under this subsection to a public agency is used, and confidentiality of such information is maintained, as required under this subsection.
(7)    Penalty - Any person who knowingly and willfully requests or obtains any information concerning an applicant for, or tenant of, covered housing assistance pursuant to the authority under this subsection under false pretenses, or any person who knowingly and willfully discloses any such information in any manner to any individual not entitled under any law to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. The term “person” as used in this paragraph includes an officer, employee, or authorized representative of the San Francisco Housing. [QHWRA; Section 575; (c)(6)]
(8)    Civil action - Any applicant for, or tenant of, covered housing assistance affected by (A) a negligent or knowing disclosure of information referred to in this subsection about such person by an officer, employee, or authorized representative of the SFHA which disclosure is not authorized by this subsection, or (B) any other negligent or knowing action that is inconsistent with this subsection, may bring a civil action for damages and such other relief as many be appropriate against the SFHA, the responsible entity for such unauthorized action. The district court of the United States in the district in which the affected applicant or tenant resides (San Francisco), in which such unauthorized action occurred, or in which the officer, employee, or representative alleged to be responsible for any such unauthorized action resides, shall have jurisdiction in such matters. Appropriate relief that may be ordered by such district courts shall include reasonable attorney's fees and other litigation costs.     [QHWRA; Section 575; (c)(7)]
(9)    Records management
i.    The SFHA is responsible for establishing a system by which all information received from police departments and/or drug treatment facilities is:
a.    Maintained confidentially in accordance with section 543 of the Public Health Service Act (12 U.S.C. 290dd-2);
b.    Not misused or improperly disseminated; and
c.    Destroyed, as applicable.
(i)    For information from drug treatment centers, not later than five (5) business days after the date on which the SFHA gives final approval for an application for admission; or
(ii)    For information regarding criminal activity obtained by consent form, within a reasonable time (12 months) after the date on which the SFHA gives final approval for admission; or
(iii)    If the SFHA denies the application for admission, the reports shall be destroyed in a timely manner (12 months) after the date on which the statute of limitations for the commencement of a civil action from the applicant based upon the denial of admission has expired or subsequent to an annual audit. [QHWRA; Section 575; (d)(B)]
ii.    In order to assure that only essential employees have access to these documents, the SFHA will limit their review as follows:
a.    All requests for police reports and/or information from drug treatment centers will be made in writing and submitted to the Senior Eligibility Representative.
b.    The Senior Eligibility Representative will review all requests and submit them to the appropriate reporting agency.
c.    Upon receipt of the results, the Senior Eligibility Representative will review each document. If the applicant’s records are "cleared", the Senior Eligibility Representative will obtain the signature of the Administrative Director of Customer Services or his/her designee and stamp "Security Cleared" on the "Applicant Approval Record" along with the date of clearance. The police reports or drug tests results will not be returned to the requestor. Rather, they will be kept 'in a separate File in alphabetical order and secured in the possession of the Administrative Director or his/her designee until records are destroyed as in 10a(3) above.
iii.    In the event that the reports contain information that may affect admission, the Senior Eligibility Representative shall confer with the Administrative Director or his/her designee to determine if a meeting should be scheduled with the applicant to discuss any information that might "mitigate" the unfavorable information.
F.    Review and Checking of Credit Reports
1.    SFHA will complete a credit check on all public housing applicants
2.    Evaluating credit history information
a)    SFHA will make a careful examination of the credit report. The report will be checked to determine if there are inconsistencies in the applicant's housing history as reported to the SFHA on the application form or other documents. SFHA staff will consider negative credit information in light of its impact on tenancy. Thus, poor credit with respect to non-payment or delinquent payment of utilities will be given greater weight than non-payment or delinquencies for other consumer obligations.
b)    If the SFHA rejects an applicant because of poor credit history, SFHA staff will advise the applicant in the rejection notice of his/her rights under state and federal law to:    
(1)    Examine the credit report;
(2)    Dispute and correct inaccurate credit information. Should the applicant successfully demonstrate to the SFHA that the credit record is inaccurate and the report is corrected, the SFHA will consider reinstatement to the waiting list using the original date and time of application and any applicable preferences.
c)    SFHA will consider bad credit in light of any mitigating circumstances that can be documented by the applicant (e.g. loss of job, illness or medical problems that limited a family's financial resources). SFHA will also consider whether non-payment or poor payment of rent and other charges is likely to reoccur once the applicant obtains housing where the rent is calculated based on income.
d)    If an applicant has filed bankruptcy and this is reflected in the credit report, SFHA will determine if the Bankruptcy included debts related to tenancy and shelter costs. Applicants will not be rejected solely on the basis of the bankruptcy filing.
G.    Utilities
1.    SFHA will also interview the applicant concerning history of utility payments. Where applicants have had past responsibility for utility payments, the SFHA will use account records provided by utility companies (excluding those providing telephone and cable TV service, although these may be used as secondary indicators of ability to pay) or the Utility Verification Form.
2.    Ability to obtain utility connections
a)    The SFHA owns public housing units where the resident is responsible for the utility payments. In accordance with the Admissions and Occupancy Policy and the lease, SFHA requires that applicants offered units with resident-paid utilities be able to secure utility service in their name and document it to the SFHA.
b)    Present ability to obtain utility service is considered an indicator of the applicant’s past performance in meeting financial obligations.
c)    SFHA will advise all applicants of the above requirements at initial intake and remind applicants of this requirement at the start of the screening process.
H.    Landlord and Prior Residences
1.    Procedures used to verify applicant information:
a)    Staff will interview all applicants using the Applicant Screening Interview Checklist, Parts I and II. If the current housing provider is a relative, additional information on the applicant’s ability to comply with lease terms may be collected by the SFHA.
b)    SFHA will examine applicant’s housing history over the past 5 years. In order to obtain the best available information on an applicant's housing and shelter history, the SFHA may use combinations of years and tenancies.
c)    SFHA will examine tenancy history over a longer period of time when the information obtained from the time period is incomplete. When examining an applicant's shelter history, the SFHA will focus on those periods where the applicant made sustained periodic payments in support of shelter related costs.
d)    Performance in meeting financial obligations will be checked first by contacting the current housing provider and two prior providers (if applicable) using the SFHA Landlord Verification Form. The form will be mailed to the landlord(s) or shelter providers identified by the applicant the Applicant Screening Interview Checklist along with a release of information form. Where there is no rental history, other forms appropriate to the family's circumstances will be used (see Section VI, Part C).
e)    Checking Landlord Information (Applies to landlord information received or any screening criteria.)
(1)    The SFHA differentiates between applicants who are/were the Tenant of Record (TOR) whose landlord the SFHA cannot reach and applicants who have lived somewhere without the landlord's knowledge and consent, thus making it impossible for the prior landlord to verify residency or rent payment history.
(2)    The SFHA will attempt to verify that the applicant is the TOR by contacting the landlord. SFHA will also accept: a notarized letter from the TOR when the applicant is living in the unit but is not on the lease; other credible references that can verify address and tenancy status for the period under review, and any of the secondary forms of verification described below.
(3)    Where a current or previous landlord is a relative of the applicant, the SFHA will give more weight to those periods where the applicant lived in a unit provided by a landlord not related to the family
(4)    If no landlord references are available, SFHA will obtain a credit report and contact the current housing provider with a request that someone with knowledge of the applicant's behavior and rent payment history complete the form.
2.    Record of eviction from housing or involuntary termination from residential programs
a)    Sources:
(1)    Staff will check SFHA's records, landlord records and court records to determine whether the applicant has been evicted from SFHA, any other assisted housing, or any other property in the past. SFHA will also use credit or eviction service information to check for any record of evictions.
(2)    Record of termination from residential programs will be checked with police, service agencies and with any provider referred by the applicant. The SFHA will cross-match with unit records and information in the Section 8 Certificate and Voucher programs to check for termination of assistance.
(3)    Conditions of former tenancy may not apply to an applicant, individual or group. Any family member who signed a previous lease or occupancy agreement will be considered responsible for the family’s former actions.
(4)    Staff must consider the mitigating circumstances of any past eviction or termination and its relevance to SFHA tenancy.
b)    Examples of indicators for eviction from housing or involuntary termination from residential programs are:
(1)    No record of eviction or termination from any shelter, other housing, or a residential program. Evidence of rule compliance in any residential transitional facilities, group homes) or other program in which the applicant is participating (drug treatment)
(2)    Successful completion of stay and transition from a shelter or residential program
(3)    Currently in the program and is meeting all requirements.
(4)    No negative information received from the housing provider.
(5)    That the applicant can meet SFHA's lease criteria on his/her own or with assistance that the applicant rides; unit or living area is clean, no destruction of property, ability to manage regular monthly payments of some kind; responds to mail and shows up for appointments; follows an applicable rules in his/her current residential situation; no record of disturbing neighbors; avoids criminal activity.
c)    Other indicators for these criteria are:
(1)    Applicant asked to leave the program for rule violation that is not related to the SFHA lease compliance. (Example: staying out late might violate a program rule, but would not violate SFHA's lease compliance.
(2)    Applicant leaves program but returns and is accepted for continued participation.
(3)    Successful completion of a residency training program acceptable to the SFHA.
3.    Demonstration of ability and willingness to comply with the terms of the SFHA's lease and other program requirements (Note: This will be applied ONLY in the absence of satisfactory landlord documentation):
a)    If an applicant is able to document that he or she could comply with the SFHA lease terms as demonstrated in the current and former residences through a combination of landlord references and the home visit, this criterion will be considered satisfied. Ability to comply with SFHA lease terms will be checked only in the absence of satisfactory landlord documentation.
b)    If any current conditions of occupancy can be considered in light of the SFHA's lease requirements, staff will send the appropriate verification forms. Staff will also complete the Parts I and II of SFHA's Applicant Screening Interview Checklist in an interview with the applicant
c)    If the provider is unable (the provider may have no knowledge that the unit is housing two families) or unwilling to complete the verification process, the SFHA will send appropriate forms to other third parties or persons with knowledge of the applicants current living arrangements or to the host family. If the host family completes the form, SFHA will judge the completed form in light of any family ties between the host family and the applicant family.
d)    These forms may bring to light mitigating circumstances or reasonable accommodations an applicant may need (to care for the unit or manage money, for example) and enable SFHA to determine that the applicant has such services (provided by a third party) in place before the applicant is admitted.
e)    Ability and willingness to comply with the lease term may be demonstrated by the following actions:
(1)    The applicant can meet these criteria on him/her own or with assistance that the applicant obtains;
(2)    Based on a home visit, the unit or living area is clean with no evidence of applicant caused health or safety problems;
(3)    No record of, or home visit, yields no evidence of destruction of property;

(4)    Ability to manage regular monthly payments of some kind;
(5)    Responds to mail and shows up for appointments; follows any applicable rules in his/her current housing or shelter situation;
(6)    No record of disturbing neighbors; avoids criminal activity.
f)    In addition, compliance with lease terms can be demonstrated by the following:
(1)    Evidence of rule compliance in any residential program (shelters, transitional facilities, group homes) or other program in which the applicant is participating;
(2)    Job or school references;
(3)    Completing, a pre-occupancy briefing acceptable to the SFHA.
I.    Resident Participation in the Intake and Screening Process [24 CFR 960.206(c)]
1.    Mitigating Circumstances – As required by 24 CFR 960.205 (d), SFHA will consider mitigating circumstances for negative information received that would likely result in the rejection of an application for housing.  
2.    Resident involvement in applicant pre-occupancy orientation — All applicants are required to complete a pre-occupancy briefing designed by SFHA or by the resident leadership. A pre-occupancy briefing may be designed to address Authority-wide issues, site-specific issues, or a combination of both. While SFHA and its residents will design the orientation, all orientations will be required to include the following topics:
a)    Rights and responsibilities of SFHA and the resident;
b)    How rent is calculated;
c)    Security issues;
d)    Recertification requirements;
e)    The lease;
f)    The move-in inspection;
g)    Care of the unit and how to request maintenance;
h)    Reasonable accommodations and modifications for persons with disabilities;
i)    Services available in or near the development;
j)    The resident association;
k)    How to conserve utilities, read a utility bill, and family budgeting;
l)    Family choice of rental payment; [QHWRA; Sec. 523]
m)    Site specific disaster/emergency evacuation plans.
    SFHA may contract with other entities to deliver the pre-occupancy orientations. All applicants must attend the orientation in order to complete the screening process. Failure to attend the orientation will result in the rejection of the applicant and removal from the waiting list.
3.    Admissions Advisory Committees – The SFHA encourages RMC’s and Tenant Associations to develop Admissions Advisory Committees (AAC). This policy establishes the framework under which these committees must operate:
a)    An AAC will interview applicants and review selected information about applicants being considered for housing at each site;
b)    All committees will use a standardized questionnaire developed in conjunction with SFHA and approved by the Administrative Director of the Customer Services Department prior to their use;
c)    Questionnaires must not include questions previously asked by the Eligibility Department during the admissions process;
d)    Residents serving on an AAC are subject to applicable fair housing laws and will be required to successfully complete training on fair housing laws to be provided by the Customer Services Department;
e)    Violations of ethical or privacy standards or discrimination by any committee member will result in dismissal from an AAC;
f)    Residents involved or employed by SFHA in other parts of the screening process (i.e. Home Visit Teams, Mitigating Circumstances Review Boards, etc.) are prohibited from being members of an AAC.
4.    Resident Welcome Committees — Sites that create an AAC must also establish a program of post-occupancy follow-up (sites without an AAC can establish a program at their discretion). The AAC will work with the Housing Manager to design a follow-up “welcome” program for new residents at each property. The objective of the post move-in follow-up will be to provide additional orientation through resident-to-resident assistance so that new families do not become isolated and issues of lease noncompliance (if any) can be addressed early in order to avoid the process of eviction. Post-occupancy follow-up must include at least one (1) apartment visit within 30-60 days of new resident move-in.
J.    Pre-Occupancy Briefing
1.    Completion of a pre-occupancy briefing designed by the SFHA in cooperation with existing residents or delivered by a third party under contract to SFHA will be required by all applicants.
2.    Attendance, behavior during the briefing, and satisfactory completion of the briefing, are part of SFHA's screening criteria. Failure to attend and satisfactorily complete the program will result in rejection of the application.
3.    The briefing will typically be offered when the applicant is within 90 days of being offered a unit (Applicants that fail a home visit may be referred to this program on a different schedule than that noted here.) A pool of applicants that have successfully completed the briefing will be maintained by the SFHA. A unit will riot be offered until an applicant successfully completes the program.
4.    The briefing, once implemented, may include the following topics:
a)    Program purpose and relationship to SFHA's screening
b)    How screening relates to lease compliance
c)    Keeping the unit clean
d)    Review of the SFHA's lease requirements, house rules, safety and security issues
e)    Information on the SFHA's Family Self-Sufficiency Program
f)    Rights and responsibilities of the SFHA and the resident
g)    Procedures that will be followed should lease violations occur
h)    SFHA's obligation to make reasonable accommodations for person with disabilities
i)    The role of the resident council
5.    If requested by an applicant, SFHA will make reasonable accommodations to allow full participation by the applicant, or household member, if notified in writing at least 48 hours prior to the briefing.
K.    Recommendation of Admission or Rejection
1.    When a determination of eligibility and qualification for Local Preferences has been made and either the verification forms have been returned or telephone verifications obtained, and the Home Visit and the pre-occupancy briefing completed, staff will make a recommendation of Admission or Rejection. This determination will be based on the following:
a)    Responses from current and at least one former landlord or response from housing providers other than a private landlord (if applicable) - All positive or neutral responses would mean the applicant family can be recommended for admission. The applicant must be considered capable of and willing to comply with the SFHA's lease terms for a recommendation of admission;
b)    Responses from utility suppliers (if applicable) - A positive or neutral response that is consistent with the landlord information would result in a recommendation of admission;
c)    Subject to SFHA's consideration of any mitigating circumstances, no member of the applicant family, 7 years of age or older, should be currently involved in criminal activity, have charges pending, or be convicted of a felony for a recommendation of admission;
d)    Credit reports or eviction services information (if applicable) - the applicant must have a neutral or good record for a recommendation of admission. This would include no evictions due to lease violations or non-payment of rent within the past three (3) years or past three (3) tenancies whichever is longer.
e)    Pre-occupancy briefing - SFHA requires that applicants with poor housekeeping or a lack of verifications in any two of the screening criteria attend a resident orientation program. The applicant must receive a satisfactory or better rating for completing the program.
f)    Admissions Folder Checklist - Staff will complete a File Completion Checklist for each application file. If, at any point in the screening process it becomes clear to staff that an applicant will not meet the screening criteria, the Checklist will be signed and the decision to reject noted. The same procedure will be followed when applicants are certified acceptable for admission.
2.    Supervisory review of folders - Difficult cases will be forwarded to the Eligibility Program Supervisor for discussion and review.  The first step in the supervisory review of a difficult case is a determination of the file completeness.  If any information is missing or the case for rejection or acceptance is not compelling, the file will be returned to the appropriate staff person for further work.
3.    Quality Control (QC): From time to time selected folders will be sent to the appropriate supervisor for a quality control review. The supervisor will review the folder, and initial the checklist. On a monthly basis, supervisors will perform quality control reviews by reviewing folders at random. Information in the folders will be verified against the information in the computer. Results of the QC review will be shared with staff. Further, the results of the QC will be considered in evaluating staff performance.
4.    The following list of factors will not be considered in making a decision to reject any application:
Race, Color, Religion, Age, Source of Income, Sex, Marital Status, Parental Status, Sexual Preference, Political Ideology, Handicap or Disability (including mental or physical), Ancestry, or National Origin.
5.    If negative screening information is received on an applicant, Eligibility Program Supervisor will review the file.  If the Supervisor determines that the applicant does not meet the minimum screening criteria, the applicant will be sent a notice of ineligibility for admission.  In accordance with federal regulations (24 CFR 960.205 (d)), the notice of ineligibility will include information to the applicant that s/he has a right to an informal review to discuss mitigating circumstance, or request a reasonable accommodation, that will reverse the denial of admission.   The applicant must request the informal review no later than ten (10) days after receipt of the notification.
If a person has a known disability, mitigating circumstances, or reasonable accommodation, will be considered if such will allow the applicant to fully participate in the program and meet the obligations of the lease.
Mitigating circumstances, or reasonable accommodations, will not be considered for applicants who are subject to lifetime sex offender registration or who have been convicted of manufacturing methamphetamine on the premises of federally assisted housing.     
6.    The informal review shall consist of the Eligibility Manager and the Director of Housing Management.  The results of the informal meeting will be provided to the applicant in writing no later than five (5) working days after the informal review.
L.    Acceptable Documentation
1.    In addition to, in support of, or in lieu of a landlord verification form, the SFHA will accept credible evidence of rent payment, utility payments in the form of canceled rent checks or money orders for any period of tenancy under review. SFHA will review up to 12 months of receipts or bills, unless the applicant documents that a shorter period time is applicable.
2.    Acceptable documentation for an applicant's history with respect to disturbances, destruction of property damages, housekeeping habits, and care of the unit are:
a)    Completed "Landlord Verification" Form for all previous tenancies as required by these procedures. The form includes questions related to this screening criterion, specifically questions on caning for the unit, and questions or applicant behavior while a resident.
b)    If no landlord verification is possible, a completed Part I of the "Applicant Screening Interview Checklist" and completed verification forms with any discrepancies in the information on these forms resolved to the SFHA's satisfaction. Forms will include questions for both the applicant and third parties applicable to "the ability to care for the unit, general lease compliance, and ability to perform activities that related to lease compliance."
d)    No criminal offenses or criminal activity as reported through state and local criminal records system.
3.    When evaluating documentation received with respect to disturbances, destruction of property, damages, housekeeping habits, and care of the unit, SFHA will give the greatest weight for admission to applicants with:
a)    No record of activity or behavior that would disturb other residents or neighbors peaceful enjoyment of their accommodations; no record of activity or behavior that resulted an apartment unit or residential facility of any kind, grounds or common area associated with such apartment or facility, the real or personal property of neighbors.
b)    No record of activity or behavior (especially housekeeping) that resulted in safety violations, unsanitary or unhealthy conditions in a unit Evidence that the applicant reported maintenance problems to the Landlord in a timely manner.
c)    Where objectionable behavior has occurred, clear evidence of mitigating circumstances and evidence that the applicant ceased the behavior or activity and, where applicable, made restitution (monetary or otherwise) to persons affected.
d)    Where damage to property occurred clear evidence of mitigating circumstances such that the applicant ceased the behavior or activity and, where applicable, made restitution (monetary or otherwise) that resulted in the property being restored to a decent, safe, and sanitary condition (e.g. paid reasonable charges for the cost of repairs).
4.    Other indicators for applicant's history with respect to disturbances, destruction of property, damages, housekeeping habits, and care of the unit are:
a)    Caring for one's room or space (especially when living with someone else or in a shelter, or group home);
b)    Maintaining any physical space (perhaps related to a job);
c)    Availability and use of a chore service or other assistance with care of the unit;
d)    Live-in aide available;
e)    When offered by SFHA, successfully answering questions about how to care or an apartment and successful completion of a residency training program acceptable to the SFHA.
f)    Treatment of others with whom s/he lives;
g)    Treatment of administrators or other participants in programs that the applicant is or has participated in;
h)    Recent school and work relationships;
i)    When offered by the SFHA, behavior during completion of residency training programs acceptable to the SFHA.
M.    Screening Criteria and Procedures – Applicants with Disabilities
1.    Meeting Section 504 access and communications requirements during the application process
a)    If an applicant has difficulty completing written forms, SFHA will permit the applicant to bring someone to the interview to assist them. Other reasonable accommodations will be considered on a case-by-case basis. Third party verifications will not be given to applicants. SFHA staff will contact the third party directly.
b)    To insure the opportunity for equal access to housing benefits and program related services, SFHA will make reasonable accommodations for applicants with disabilities. SFHA will also make sure that forms and other documents completed by applicants are available in accessible formats. If requested by the applicant with disabilities, SFHA will provide sign language interpreters and/or other auxiliary aides.
c)    SFHA will confirm the presence of a disability, but will not make inquiries about its nature or extent, prior to making any accommodation or providing auxiliary aides.
d)    At the time of initial application, the SFHA will provide a notice to all applicants that explains Section 504 and Fair Housing requirements including the right to request reasonable accommodations.
e)    Intake and screening interviews and other meetings required during the application process will be conducted at accessible locations. SFHA will make arrangements with the applicant to meet at home or at a location that is accessible.
f)    SFHA will not make accommodations that cause a fundamental alteration in the nature of the program or create undue financial and administrative burdens.
2.    Mitigating circumstances for all applicants and reasonable accommodations for applicants with disabilities
a)    It is illegal to reject an applicant because he or she is a person with a disability, or for reasons that could be overcome by SFHA's reasonable accommodation of the applicant's disability or handicap. If, even with reasonable accommodation, applicants with disabilities or handicaps cannot meet essential program requirements, it is permissible to reject them.
b)    Such inability to meet program requirements might arise because of behavior or performance in past housing, inability to comply with the terms of SFHA's lease, or needed services from SFHA's staff that represent an alteration in the fundamental nature of SFHA's program (e.g. Services to residents that are beyond the scope of the housing program, services not a part of the program.)
3.    Meeting 24 CFR Part 5, Subpart F, and the Section 504 regulation requirements for processing applicants including persons with disabilities.
a)    Stage 1: eligibility review (applies to all applicants)
(1)    The first stage of processing is the determination of program eligibility. At this point verification of disability or handicap is needed only to determine eligibility for a unit with accessible features or units in properties designated for use by special populations. In addition, a verification of disability will also be needed where an applicant claims deductions for income specific to them status as an elderly/disabled household.
(2)    For admission to certain properties, "disabled family" status is required to meet the eligibility criterion related to that property (besides qualifying the member for a special deduction in rent computation and conferring a preference in assigning units in designated buildings). Once an applicant has been determined to have a disability or handicap, no further reference should be made to that fact unless the application reaches the third stage of processing.
b)    Stage 2: Applying the applicant selection criteria (applies to all applicants)
(1)    The second stage of processing is applying the applicant selection criteria contained in this procedure. Thus, an applicant who happens to have a disability or handicap but is able to demonstrate a history of meeting financial obligations, caring for a rental unit, avoiding disturbing neighbors and destroying property, eschewing criminal behavior, and, if necessary, ability to comply with SFHA's lease, would be recommended for admission with no further reference to or consideration of any disability or handicap. Neither mitigating circumstances nor reasonable accommodations will be an issue for any applicant who passes the applicant selection criteria.
c)    Stage 3: Seeking mitigating circumstances or reasonable accommodation (for applicants with disabilities only)
(1)    The third stage of processing would only come into play if an applicant could not meet one or more of the applicant selection criteria discussed in these procedures. At this point, applicants with disabilities or handicaps are entitled to considerations of reasonable accommodations.
(2)    Prior to issuance of a Notice of Rejection, staff will hold a follow-up meeting, with any applicant known to have a disability or handicap who cannot meet one or more of the applicant screening criteria. The purpose of the follow-up meeting is to determine whether it is possible to admit the applicant through consideration of mitigating circumstances (available to all SFHA applicants) or by applying reasonable accommodation (available only to applicants with disabilities).
(3)    Mitigating circumstances are facts relating to the applicant's record of unsuitable rental history or behavior, which, when verified, would indicate both:
i.    The reason for the unsuitable rental history and/or behavior; and
ii.    That the reason for the unsuitable rental history and behavior is no longer in effect or is under control and applicant's prospect for lease compliance is an acceptable one, justifying admission. Mitigating circumstances would overcome or outweigh information already gathered in the resident screening process.
    For example, if an applicant's previous history of disturbing neighbors was very poor, but his recent behavior was much improved, SFHA could consider this mitigating circumstance. Applicants have a responsibility to provide credible evidence to document the improvement if the file contains only data about the former problems. SFHA, with the applicant’s cooperation, will seek third party verification of applicant claims of improved behavior.
(4)    If the evidence of mitigating circumstances presented by the applicant relates to a change in medical conditions or course of treatment, SFHA shall have the right to refer such information, subject to the applicant's authorization, to persons qualified to evaluate the evidence and verify the mitigating circumstance
(5)    SFHA shall also have the right to request further information reasonably needed to verify mitigating circumstance. Such inquiries will be limited to the information necessary to verify the mitigating circumstances or reasonable accommodation. (See below.) If the applicant refuses to provide further information, SFHA will give no further consideration to the mitigating circumstance.
 (6)    Screening personnel must keep in mind that an applicant with a handicap or disability who may, for example, be unable to care for a current apartment alone, may still qualify as able to comply with the lease if he or she can demonstrate that assistance with caring for the unit has been secured. Such assistance could be in the form of a Live-in Aide, or it could be a friend, family member, chore service or employee of the applicant. It is not the province of the SFHA to make judgments about the best way to provide assistance, but simply to determine whether the assistance will enable the applicant to meet the screening criteria.
(7)    If some form of assistance is needed to enable an applicant to comply fully with the lease terms, screening staff should obtain verifications that such assistance is available to the applicant.
4.    Reasonable accommodations for applicants with disabilities (disability status subject to verification)
a)    If no mitigating circumstances exist that satisfy SFHA's applicant selection criteria, the SFHA must consider reasonable accommodations requested by the applicant or structural modifications that SFHA could make to eliminate administrative or architectural barriers to housing the applicant.
b)    Reasonable accommodations may take the form, of changes in rules, policies, practices, or services (if provided by the SFHA), when such accommodations are necessary to afford a person with disabilities equal opportunity to participate in the program or to use and enjoy a SFHA dwelling unit,