Rules & Regulations of the State of Tennessee
Title 0770 - Housing Development
Chapter 0770-01-05 - Housing Choice Voucher Program
Section 0770-01-05-.17 - ELIGIBILITY PROCESS
Universal Citation: TN Comp Rules and Regs 0770-01-05-.17
Current through September 24, 2024
(1) When a waiting list has been closed, sorted by pre-application submission date and time and any local preference, and it is estimated that there is enough funding available to issue a voucher to subsidize the household unit size of the applicant at the top the waiting list, then the THDA will start the process to determine eligibility.
(2) Applicants are selected from a waiting list without regard to family composition/unit size. Once admitted, a household will receive a subsidy appropriate to the household's composition based on the THDA's subsidy standards. Therefore, it is possible that an applicant household may reach the top of the waiting list, but there may not be sufficient funds, based on the THDA's subsidy standards and the household composition, to subsidize a unit that is the allocated size of the household. In this case, the THDA will not skip the household in order to select an applicant household with a smaller unit size that could be immediately supported with available funding. Instead, the THDA will suspend the eligibility process for the selected applicant and the issuance of vouchers until adequate funding levels exist to support the applicant household at the top of the list.
(3) Initial Determination Letter and Request for Information Sent to Applicant.
(a) Once an
applicant has been selected from a waitlist, the THDA will send the applicant
an Initial Determination Letter, and, if needed, a local preference request for
verification and any other requisite requests for information. An applicant
must print a Personal Declaration, release forms, and any other required forms
at www.THDA.org.
1. Personal Declaration. The Personal
Declaration includes information concerning all of HUD's criteria for
determining eligibility, including household income, composition, and
demographics. The head of household must complete a Personal Declaration in
order to determine eligibility and the amount of Housing Assistance Payments.
The head of household and spouse or co-head are responsible for discussing the
information requested in the Personal Declaration with other adult household
members, providing true and complete information for every person who lives in
the assisted household, and signing the document. The THDA will verify
information provided on this Personal Declaration.
(b) If the Initial Determination
Letter/Request for Information is returned to the THDA because of an incorrect
address, the applicant will be denied. The applicant must reapply during the
next open-enrollment period and the pre-application will be placed on the
waiting list according to the date and time of the new pre-application.
1. If the applicant claims that the letter
was not received, staff will determine whether it was returned to the
office.
2. If the letter is not
returned to the THDA, it is assumed the applicant received it, unless the
applicant can prove otherwise by a preponderance of the evidence.
3. If the letter is returned to the office,
but the applicant provides proof by a preponderance of the evidence that the
applicant was living at the address the letter was sent to at the time that it
was sent, then the applicant is reinstated.
4. The applicant shall bear the burden of
proof where it is alleged that the address to which the THDA mailed the letter
was not the proper address, or where the applicant argues that the letter was
not received due to circumstances beyond the applicant's control.
(i) Sufficient proof includes, but is not
limited to, an affidavit, sworn and notarized, from the postmaster for the
local post office responsible for delivering the mail to the applicant's
address that there have been problems with delivery that might have caused the
request to not be properly delivered. Other sufficient proof must be at least
as independently reliable as a letter from the postmaster in order to satisfy
the applicant's burden of proof.
(4) Notice of Eligibility Briefing Appointment.
(a) The THDA will include a
notice of a final eligibility briefing appointment in the mailing of the
initial determination letter.
(b)
The notice will state:
1. The date, time, and
place of the eligibility briefing appointment.
2. That all adult household members are
required to attend the eligibility appointment and that admission will be
denied to the applicant household if all adult members are not present.
(i) All adult household members must arrive
at the eligibility briefing appointment on time. If all adults are not present
or one adult, or more, is fifteen (15) minutes late, the appointment will be
rescheduled.
(ii) The applicant
will only be offered one additional eligibility briefing appointment. The
applicant may reschedule for a subsequent briefing if one is available.
However, if any adult fails to attend or is fifteen (15) minutes late for a
rescheduled eligibility briefing appointment, the household will not return to
the waiting list, but will be denied.
3. Exceptions to a denial for failure to
attend the eligibility appointment is extenuating circumstances and medical
emergencies affecting the household, but outside of the control of the
household.
(i) In order to qualify for this
exception the applicant must ensure that the THDA is in receipt of
verification, within fourteen (14) calendar days from the missed eligibility
appointment, that a member of the household had a documented extenuating
circumstance or emergency, which made it impossible for the family to attend
the eligibility appointment.
(ii)
If verification is received by the THDA before the deadline, the household is
offered one additional appointment.
(iii) If verification is not received by the
THDA before the deadline, the application is denied and the applicant must
reapply to the waiting list during the next open-enrollment period.
(iv) In the event that the original
applicant/head of household is medically unable to attend the eligibility
appointment and may be unable to assume the voucher for an indefinite period of
time, the voucher may be transferred to the applicant's spouse or co-head, if
verification of the medical condition is verified by a knowledgeable medical
professional and the relationship between the original applicant and spouse is
verified and documented, all within 14 calendar days from the date of the
eligibility appointment, or the application will be denied and the applicant
must reapply during the next open-enrollment period and will be placed on the
waiting list according to the date and time of the new
pre-application.
(c) Disability Accommodation. If a household
includes a person with disabilities, a reasonable accommodation may be
requested to facilitate the eligibility interview process. The need for
accommodation must be properly requested and verified according to
0770-01-05-.30 Disability Accommodation Procedures.
(d) Before the eligibility briefing
appointment, an applicant may request in writing to go back on the waiting list
for any reason.
(5) Eligibility Briefing (24 C.F.R. 982.204).
(a) The THDA may hold an individual household
briefing or a briefing with a group of households depending upon the number of
applicants that were able to be selected from a waiting list at any particular
time.
(b) As part of the
eligibility process, the applicant must submit verification documents (e.g.,
driver's licenses, social security numbers, birth certificates, verifications,
etc.) for all household members. This information will be added to the
applicant's file. The THDA will request additional information, as
needed.
(c) Eligibility will be
determined based upon the circumstances and documentation provided as of the
date and time of the eligibility briefing appointment.
(d) Eligibility Briefing Purpose. The purpose
of the eligibility briefing is to explain the general requirements of the HCV
Program to the applicant household and to distribute and explain the requisite
program materials and forms. The oral briefing includes at the least the
following:
1. A description of how the
program works.
2. The
responsibilities of the participant household and of the owner-landlord. See
0770-01-05-.20 and .24.
3. Where
the family may lease.
(i) The briefing will
include an explanation of how portability works if a household qualifies to
lease a unit outside of the jurisdiction of the THDA.
(ii) Advantages of moving to an area that
does not have a high concentration of poor households, if the household is
currently living in a census tract with high poverty.
4. If a briefing includes a household with a
disabled person, the THDA will ensure communication is effective and in
accordance with 24 C.F.R.
8.6.
5. If briefing a welfare-to-work family, the
THDA will include any local obligations of a welfare-to-work family and an
explanation that failure to meet these obligations is grounds for the THDA to
deny admission or terminate assistance.
6. Housing Choice Voucher Applicant Booklet.
This booklet is given to the household during the briefing and includes
pertinent information regarding the HCV Program and covers the following topics
including, but not limited to:
(i)
Introduction to the HCV Program.
(ii) Term of a voucher and how to request an
extension.
(iii) Total Tenant
Payment (TTP). How the THDA determines how much the tenant and how much the
THDA will pay, including information on subsidy standards (the number of
bedrooms (unit size) and how the voucher relates to the unit size selected),
Utility Allowances, and Payment Standards.
(iv) Maximum Initial Rent Burden Rules. The
family may not pay more than 40% of their monthly adjusted income upon
initially leasing a unit. For how this is determined and impacted by the
utility allowance.
(v) Rent
Reasonableness.
(vi) Searching for
a Rental Unit. What the family should consider when selecting a unit, including
strategies for locating an affordable, qualifying unit.
(vii) Where the Family May Lease.
(viii) Portability and Relocation
Information.
(ix) Request for
Tenancy Approval. Process involved once a unit is located.
(x) Statement of what information the THDA
makes available to prospective Landlords regarding Tenants and vice
versa.
(xi) Housing Quality
Standards (HQS) and Inspection Procedures. HUD brochure, "A Good Place to
Live," or any HUD brochure on how to select a unit that complies with
HQS.
(xii) HUD lead-based paint
brochure and information on available locations for blood-level
testing.
(xiii) Information on
Equal Opportunity Housing, including the pamphlet "Fair Housing: It's Your
Right," and how to fill out and file a Housing Discrimination Complaint
Form.
(xiv) Household
Responsibilities and Owner Responsibilities.
(xv) Lease and Housing Assistance Payment
(HAP) Contract requirements.
(xvi)
Grounds on which the THDA may terminate assistance.
(xvii) Appeal, Informal Review, and Hearing
Procedures.
(xviii) Procedures for
Reporting Interim Changes.
(xix)
Procedures for Reporting Fraud and Abuse. What constitutes fraud within the HCV
Program and the associated penalties.
(xx) Family's Rights as a Tenant and Program
Participant.
(xxi) Non-citizen
Requirement.
(xxii) HUD Form 52675
for EIV - Debts Owed to Public Housing Authorities (PHAs).
(xxiii) Family Self-Sufficiency.
(xxiv) High Poverty and Minority Census
Tracts. The THDA will explain the benefits of leasing in an area that does not
have a high concentration of impoverished families.
(6) Eligibility Interview (24 C.F.R. 982.204).
(a) After the briefing, if needed or
requested by the applicant household, the applicant household may meet with the
THDA staff for an interview.
(b) If
the applicant household failed to bring required verifications to the
eligibility briefing or the THDA determines that further verifications are
needed, a Notice of Verifications Needed is completed by the THDA for the
household as a reminder of what is needed and the THDA must be in receipt of
the requested documentation within fourteen (14) calendar days or the applicant
will be denied.
(c) Discuss
reasonable accommodations for disabled household members if needed to process
the eligibility determination.
(d)
If the criminal background check results are undetermined, then the THDA will
explain to the applicant the delay in the ability to proceed to the final
eligibility determination.
(e)
Forms.
1. Required forms must be signed by
all adult household members before an eligibility determination may be made.
Electronic and/or digital signatures may be accepted.
(i) Release forms.
(I) HUD Authorization for Release of
Information/Privacy Act Form.
(II)
THDA Authorization for Release of Information.
(III) HUD Enterprise Income Verification
(EIV) System.
(ii)
Citizen Declaration.
(iii) Criminal
Background Authorization Form.
(iv)
Grounds for Denial/Termination of Assistance/Notification of the Family
Obligations.
(v) Debts Owed to PHAs
and Terminations.
2.
Other forms and booklets explained and given to the household, which may change
periodically.
(i) Housing Discrimination
Complaint Form.
(ii) Landlord
List/Information for Website TNHousingSearch.org.
(iii) Things You Should Know
Brochure
(iv) HUD's Fraud
Flyer.
(v) Housing Quality
Standards (HQS) Summary
(vi)
Informal Review/Hearing Procedures
(vii) Lead-Based Paint Brochure.
(viii) Notice of Portability/Relocation
Requirements.
(7) Changes Between Eligibility Briefing/Interview and Lease-Up. Changes that occur between the eligibility determination and the date a HAP Contract is executed for the family may affect eligibility to lease the unit with voucher assistance, which may result in denial of assistance. Applicants determined no longer eligible for the program between the initial eligibility determination and HAP Contract execution will be mailed a denial letter and are subject to the informal review procedures.
(a) Changes in Income. If the household
reports an increase in income at any time after the date and time of the
eligibility briefing/interview appointment, but before the HAP contract has
been executed by the THDA, the THDA will calculate the increase in the income
to determine whether the family is still eligible for the program. If the
household is found income eligible at the eligibility briefing, but later
reports a decrease in income, the change will be processed as an interim after
lease-up and the family share adjusted accordingly. If a household is found
ineligible at the eligibility briefing due to being over income, a subsequent
decrease in income does not make the household eligible for the program, unless
staff failed to accurately calculate temporary or seasonal work that was
properly reported at the eligibility briefing.
(b) Additions to Household Composition.
Requests to add additional household members, which are received at any time
after the date and time of the eligibility briefing/interview appointment, but
before the HAP contract has been executed by the THDA, will be denied, unless
the addition is due to birth, adoption, court-awarded custody, return of a
minor or disabled child to the household, or a new spouse. Any other additions
will not be permitted until the family has been assisted for twelve (12)
months.
(c) Reductions in Household
Composition. Notifications of a reduction in household composition, which are
received at any time after the date and time of the eligibility
briefing/interview appointment, but before the HAP contract has been executed,
will be processed and any changes in income calculated.
Authority: T.C.A. §§ 13-23-104 and 13-23-115(18), 42 U.S.C. § 1437, and 24 C.F.R., Part 982.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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