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 April 3, 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 his own handwriting, 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) If part of the adult members of the household attend the briefing, but any other adult member fails to attend the eligibility briefing appointment, the rest of the household will not be allowed to attend the briefing. The applicant will only be offered one additional eligibility appointment. The applicant may reschedule for a subsequent briefing on the same date as the initial appointment, if one is available, or on one of the days at the end of a month that a THDA field office reserves for rescheduled briefings. However, if a household is 15 minutes late, fails to attend, or fails to have all adult members of the household present at a rescheduled eligibility briefing, the household will not be put back on 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.

4. The applicant household must arrive on time for the eligibility appointment. If the household is fifteen (15) minutes late or more and the eligibility briefing has begun, the household will not be allowed to attend the briefing. The applicant will only be offered one additional eligibility appointment. The applicant may reschedule for a subsequent briefing on the same date as the initial appointment , if one is available, or on one of the days at the end of a month that a THDA field office reserves for rescheduled briefings. However, if a household is 15 minutes late, fails to attend, or fails to have all adult members of the household present at a rescheduled eligibility briefing, the household will not be put back on the waiting list, but will be denied.

(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) During the briefing, staff collects verification documents (e.g. driver's license, social security cards, birth certificates, verifications, etc.) from the applicants to make copies or for verification, enters certain family data into the tenant-file database, processes the criminal background checks, prints online verifications needed, reviews verification documentation, and performs any further needed verifications.

(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 that must be signed by all adult household before an eligibility determination may be made.
(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, 13-23-115(18), 42 U.S.C. §§ 1437, and 24 C.F.R., Part 982.

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