Common use of Redetermination of Rent, Dwelling Size, and Eligibility Clause in Contracts

Redetermination of Rent, Dwelling Size, and Eligibility. Tenant will choose between income-based or flat rent at each annual reexamination. The rent amount as fixed in Part II of this Lease Agreement is due each month until changed as described below: a) Scheduled Reexaminations (1) The PHA will reexamine family composition and compliance with Community Service and Self-Sufficiency Requirement (CSSR) annually of families paying flat rent. The PHA will conduct a reexamination of income and deductions at least once every three years of families who have opted to pay flat rent. (2) The PHA will conduct a reexamination of income, deductions, family composition and compliance with CSSR at least once every year of families who choose to pay income-based rent. (3) All adult members of the household must accompany the head of household to the recertification interview. b) Xxxxxx agrees to supply PHA, when requested, with accurate information about: family composition, age of family members, income and sources of income for all family members, assets, community service activities, and related information necessary to determine continued eligibility, annual income, adjusted income and rent. Failure to supply such information when requested is a serious violation of the terms of the Lease and shall be grounds for termination of the Lease. All information must be verified by the PHA. Xxxxxx agrees to comply with XXX requests for verification by signing releases for third-party verifications, presenting documents for review, or providing other suitable forms of verification. PHA shall give Tenant reasonable notice of what actions Tenant must take and of the date by which any such action must be taken for compliance under this section. This information will be used by PHA to decide whether the amount of rent should be changed and whether the dwelling size is still appropriate for Tenant’s needs. This determination will be made in accordance with the Admissions and Continued Occupancy Policy, which is available for review in the PHA office. c) The Tenant agrees to pay maintenance and other charges, if any, in accordance with the approved Schedule of Repairs and Other Charges and to accept a “Notice of Rent Adjustment” when delivered by the PHA.

Appears in 2 contracts

Samples: Dwelling Lease Agreement, Dwelling Lease Agreement

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Redetermination of Rent, Dwelling Size, and Eligibility. Tenant will choose between income-based or flat rent at each annual reexamination. The rent amount as fixed in Part II of this Lease Agreement is due each month until changed as described below: (a) Scheduled Reexaminations (1) The PHA will reexamine family composition Whenever requested by the Landlord and compliance with Community Service and Self-Sufficiency Requirement (CSSR) annually of families paying flat rent. The PHA will conduct a reexamination of income and deductions at least once every three years of families who have opted to pay flat rent. (2) The PHA will conduct a reexamination of immediately upon any change in income, deductions, family composition and compliance with CSSR at least once every year of families who choose the Tenant agrees to pay income-based rent. (3) All adult members of the household must accompany the head of household furnish accurate information to the recertification interview. b) Xxxxxx agrees Landlord as to supply PHAfamily income, when requested, with accurate information about: family composition, age of family members, income and sources of income for all family members, assets, community service activitiesemployment, and related information necessary to determine continued eligibility, annual income, adjusted income and rent. Failure to supply such information when requested is a serious violation of the terms of the Lease and shall be grounds composition for termination of the Lease. All information must be verified use by the PHA. Xxxxxx agrees to comply with XXX requests for verification by signing releases for third-party verifications, presenting documents for review, or providing other suitable forms of verification. PHA shall give Tenant reasonable notice of what actions Tenant must take and of the date by which any such action must be taken for compliance under this section. This information will be used by PHA to decide Landlord in determining whether the amount of rent rental should be changed and whether the dwelling size is still appropriate for the Tenant’s 's needs. This determination will be made in accordance with the Admissions approved Schedule of Rents and Continued Statement of Income and Occupancy Limits as established by the Landlord, and in accordance with all applicable law. Rent, as fixed in Section 1 hereof or as adjusted pursuant to the above, will remain in effect for the period between regular rent determinations, unless during such period: (1) The Landlord determines that the annual income of the Tenant and of the Tenant's family exceeds the income limits for the rent which the Tenant is paying. The Landlord may require that the Tenant pay the rental established for such income grade, commencing with the due date established in the Landlord’s Occupancy Policy, which is available for review in the PHA office. c(2) The Landlord determines that the size of the dwelling unit is no longer appropriate to the Tenant's needs. The Landlord may amend this Lease by giving 15 days notice of such amendment to the Tenant that the Tenant will be required to move to another unit within the development in which the Tenant lives, or another suitable development within the jurisdiction of the Landlord, giving the Tenant a reasonable time thereafter in which to move. Should the Tenant fail to accept the Landlord's transfer, the Landlord may cancel the Lease by giving the Tenant 30 days notice. (3) The Tenant agrees can show a change in circumstances (such as a decline in income) which would justify a reduction in rent pursuant to pay maintenance the Schedule of Rents or such other circumstances as would create a hardship situation. Such reduction in rent shall become effective on the first day of the following month. (4) The Tenant is found to have misrepresented the facts to the Landlord upon which the rent is based, or has not immediately reported an increase in income, so that rent the Tenant is paying is less than the Tenant should have been charged. If this is found, the increase in rent shall be made retroactive, and other charges, if any, the additional amount shall be due and payable by Tenant. Such changes in the Tenant's rent adjusted in accordance with the approved Schedule above provisions shall be accomplished by issue of Repairs and Other Charges and to accept a “the Notice of Rent Adjustment” when delivered by Adjustment to the PHATenant showing the change in monthly rent, including the amount of retroactivity, if any.

Appears in 1 contract

Samples: Dwelling Lease

Redetermination of Rent, Dwelling Size, and Eligibility. Tenant will choose between income-based or flat rent at each annual reexamination. The rent amount as fixed in Part II I of this the Lease Agreement is due each month until changed as described below:. a) Scheduled Reexaminations (1i) The PHA will reexamine status of each family composition and compliance with Community Service and Selfis to be re-Sufficiency Requirement (CSSR) annually of families paying flat rent. The PHA will conduct a reexamination of income and deductions examined at least once a year. For Flat Rent, income will be re-examined every three years of families who have opted years, so long as the family continues to pay flat rentFlat Rent during the period. At the annual recertification Tenant shall certify to compliance with the 8 hour per month (96 hours per year) community service requirement, if applicable. (2ii) The PHA will conduct a reexamination of income, deductions, family composition and compliance with CSSR at least once every year of families who choose to pay income-based rent. (3) All adult members of the household must accompany the head of household to the recertification interview. b) Xxxxxx agrees Tenant promises to supply PHAACHA, when requested, with accurate information about: family composition, age of family members, income and sources source of income for of all family members, assets, community service activities, and related information necessary to determine continued eligibility, annual income, adjusted income income, and rent. Flat Rent tenants are re-certified every three (3) years for income purposes and every year for family status on other eligibility requirements. Failure to supply such information when requested is a serious violation of the terms of the Lease lease and shall be grounds for termination of ACHA must terminate the Leaselease. All information must be verified by the PHAverified. Xxxxxx Tenant agrees to comply with XXX ACHA requests for verification by signing releases for third-party verificationssources, presenting documents for review, or providing other suitable forms of verification. PHA ACHA shall give Tenant reasonable notice of what actions Tenant must take take, and of the date by which any such action must be taken for compliance under this section. This information will be used by PHA ACHA to decide whether the amount of the rent should be changed changed, and whether the dwelling size is still appropriate for Tenant’s 's needs. This determination will be made in accordance with the Admissions and Continued Occupancy Policy, which is available for review publicly posted in the PHA officeACHA’s Main Office. A copy of the policies can be furnished on request at the expense of the person making the request. ciii) The Rent will not change during the period between annual re-examinations, UNLESS during such period: 1. Tenant agrees can verify a change in his/her circumstances (such as decline in or loss of income) that would justify a reduction in rent, except that rent shall not be reduced because a tenant’s TANF grant is reduced because Tenant failed to pay maintenance and other chargescomply with some TANF requirement. If a reduction is granted, if any, Tenant must report subsequent increases in accordance with the approved Schedule of Repairs and Other Charges and to accept a “Notice of Rent Adjustment” when delivered by the PHA.income within ten

Appears in 1 contract

Samples: Residential Lease Agreement

Redetermination of Rent, Dwelling Size, and Eligibility. Tenant will choose between income-based or flat rent at each annual reexamination. Family understands and acknowledges that the Dwelling Unit is contained within a federally subsidized housing program and, as such, is subject to specific requirements and restrictions in accordance with Federal law. A. The rent amount as fixed in Part II of this Lease Agreement is due each month until changed as described below: a) Scheduled Reexaminations (1) The PHA Authority will reexamine family composition and compliance with Community Service and Self-Sufficiency Requirement (CSSR) annually the status of families paying flat rent. The PHA will conduct a reexamination of income and deductions the Tenant Family at least once every three years of families who have opted to pay flat rent. (2) The PHA a year. SHA will conduct a reexamination of income, deductions, family composition and compliance comply with CSSR at least once every year of families who choose to pay income-based rent. (3) All adult members of the household HUD regulations that permit less frequent reexaminations where applicable. Tenant Family must accompany the head of household to the recertification interview. b) Xxxxxx agrees to supply PHA, when requested, with accurate information about: about family composition, age of family membersage, income and sources of income for all family membersincome, assets, community service activities, and related information necessary for all members of the household. The Authority will use this information to determine continued eligibility, annual income, adjusted income decide eligibility and rentrent and whether the dwelling size is still appropriate for the Tenant Family needs. Failure to supply such information when requested is a serious violation of the terms of the this Lease and shall be grounds for could result in termination of the Lease. B. The Authority must verify all information annually unless otherwise governed by HUD regulations. All information must be verified by the PHA. Xxxxxx Tenant agrees to comply with XXX requests for verification by signing sign releases for third-party verificationssources, presenting present documents for review, or providing provide other suitable forms of verification. PHA shall The Authority will give Tenant reasonable notice of what any actions Tenant must take take, and of the date by which any they must take such action must be taken action. Failure to furnish information and sign necessary documents required in order for compliance under the Authority to determine the income and family composition is a serious violation of the Lease and will result in termination of the Lease. Tenant acknowledges that the Authority shall further use the HUD electronic system (hereinafter referred to as EIV) for verification of income. Discrepancies discovered during this section. This information will be used by PHA to decide whether the amount of rent should be changed and whether the dwelling size is still appropriate for Tenant’s needs. This determination will be made in accordance with the Admissions and Continued Occupancy Policy, which is available for review in the PHA office. c) The Tenant agrees to pay maintenance and other chargesprocess, if any, must be corrected and/or satisfactorily documented by Tenant. C. Rent will change during the period between regular reexaminations if the Tenant has reported the change to the Authority in accordance with writing within ten days of its occurrence or if the approved Schedule of Repairs and Other Charges and to accept a “Notice of Rent Adjustment” when delivered by Authority discovers that the PHAinformation provided has been misrepresented, or if the Authority determines there has been an error in the rent computation.

Appears in 1 contract

Samples: Residential Lease Agreement

Redetermination of Rent, Dwelling Size, and Eligibility. Tenant will choose between income-based or flat rent at each annual reexamination. The rent amount as fixed in Part II of this the Lease Agreement is due each month until changed as described below: a) Scheduled Reexaminations. (1) The PHA will reexamine family composition and compliance with Community Service and Selfis to be re-Sufficiency Requirement (CSSR) annually of families paying flat rent. The PHA will conduct a reexamination of income and deductions examined at least once every three years a year. The housing authority shall re-examine the income of families who have opted the family at least once a year if Xxxxxx chooses to pay income- based rent. If Tenant chooses to pay flat rent, the housing authority shall re-examine the income of the family no less than every three (3) years. If a tenant is found to be over income at their re-exam they will be given 6 months to move. If the tenant becomes 62 or disabled while living at the Housing Authority they will not be asked to leave the premises. (2) The PHA will conduct a reexamination of income, deductions, family composition and compliance with CSSR at least once every year of families who choose to pay income-based rent. (3) All adult members of the household must accompany the head of household to the recertification interview. b) Xxxxxx agrees Tenant promises to supply PHAthe Authority, when requested, with accurate information about: family composition, age of family members, income and sources source of income for of all family members, assets, community service activities, and related information necessary to determine continued eligibility, (verifying of a disability must be in writing from a professional) annual income, adjusted income income, and rent. Failure to supply such information when requested is a serious violation of the terms of the Lease lease, and shall be grounds for termination of the LeaseAuthority may terminate the lease. All information must be verified by the PHAverified. Xxxxxx agrees to comply with XXX the Authority's requests for verification by signing releases for third-party verificationssources, presenting documents for review, or providing other suitable forms of verification. PHA The Authority shall give Tenant reasonable notice of what actions Tenant must take and of the date by which any such action must be taken for compliance under this section. This information will be used by PHA the Authority to decide whether the amount of the rent should be changed changed, and whether the dwelling size is still appropriate for Tenant’s 's needs. This determination will be made in accordance with the Admissions and Continued Occupancy Policy, which is available for review publicly posted in the PHA officeProject Office. A copy of the policies can be furnished on request at the expense of the person making the request. c(3) Rent will not change during the period between regular re-examinations, UNLESS during such period: A. For families paying income-based rent: 1. A person with income joins the household. 2. Tenant can verify a change in his/her circumstances (such as decline in or loss of income) that would justify a reduction in rent. If a reduction is granted, Tenant must report subsequent increases in income within 10 days of the occurrence, until the next scheduled re-examination. Failure to report within the 10 days may result in a retroactive rent charge. 3. Tenant experiences an increase in income that would justify an increase in rent over a dollar amount of $ 200.00 a month. 4. It is found that the Tenant has misrepresented the facts upon which the rent is based so that the rent Tenant is paying is less than the rent that he/she should have been charged. The Authority then may apply an increase in rent retroactive to the first of the month following the month in which the misrepresentation occurred. 5. Rent formulas or procedures are changed by Federal law or regulation. B. For families paying flat rent: 1. If the PHA determines that the family is unable to pay the flat rent because of financial hardship. i. Upon such a determination, the housing authority shall immediately provide for the family to pay rent in the amount determined under income-based rent. ii. Hardship is defined in the housing authority’s Admissions and Continued Occupancy Policy. 2. If the family has switched from paying flat rent to income-based rent because of financial hardship, the family will be given the option at the next annual reexamination whether to choose income-based or flat rent. 3. Tenants with a HOH or Co-Head that are not disabled and currently paying flat rent and their income exceed current income guidelines will be asked to vacate Public Housing at their next re-exam with six months’ notice. (4) All changes in family composition must be reported to the Housing Manager within 10 days of the occurrence. Failure to report within the 10 days may result in a retroactive rent charge. This Lease will be revised to permit a change of family composition resulting from a request to allow adult children to move back into the unit. The Tenant agrees must receive approval from the Authority BEFORE the adult child moves back to pay maintenance and other charges, if any, in accordance with the approved Schedule of Repairs and Other Charges and to accept a “Notice of Rent Adjustment” when delivered by the PHAunit. The adult child will be screened for suitability.

Appears in 1 contract

Samples: Residential Lease Agreement

Redetermination of Rent, Dwelling Size, and Eligibility. Tenant will choose between income-based or flat rent at each annual reexamination. The rent amount as fixed in Part part II of this the Lease Agreement is due each month until changed as described below: a) Scheduled Reexaminations (1) : ⭘ The PHA status of the Tenant and Household will reexamine family composition and compliance with Community Service and Selfbe re-Sufficiency Requirement (CSSR) annually of families paying flat rent. The PHA will conduct a reexamination of income and deductions examined at least once every three years of families who have opted a year. ◼ The Tenant and Household must report for Annual Reexamination and shall certify to pay flat rent. (2) The PHA will conduct a reexamination of incomeHousehold composition, deductions, family composition income and compliance with CSSR at least once every year of families who choose to pay income-based rent. (3) All adult members of the household must accompany the head of household to the recertification interview. b) Xxxxxx agrees to supply PHAassets. ⭘ Tenant shall provide Authority, when requested, with accurate information about: family about Household composition, age of family Household members, income and sources source of income for of all family Household members, assets, community service activities, and related information necessary for Authority to determine continued eligibility, annual income, adjusted income income, and rent. ⭘ Tenant must report all changes in income and Household composition within 10 days of occurrence at any time during the year. ⭘ Failure to supply such information when required or requested is a serious violation of the terms of the Lease and shall be grounds for termination of Authority may terminate the Lease. All information must be verified by the PHA. Xxxxxx agrees to ⭘ Tenant shall comply with XXX Authority’s requests for verification by signing releases for third-party verificationssources, presenting documents for review, or providing other suitable forms of verificationverification as requested by the Authority. PHA ⭘ Authority shall give Tenant reasonable notice of what actions Tenant must take and of the date by which any such action must be taken for compliance under this section. This information will be used by PHA Authority to decide whether determine the amount of rent should be changed and whether the appropriate dwelling size is still appropriate for Tenant’s needs. This determination will be made in accordance compliance with the Admissions and Continued Occupancy Policy, which is available for review Policy (ACOP). ⭘ The ACOP shall be publicly posted in the PHA office. c) The Tenant agrees to pay maintenance Central office and other chargescopies will be furnished upon request for a copying fee of twenty –five cents per page. ⭘ Rent will not change during the period between regular re-examinations, if any, in accordance unless during such period: ◼ A person with income joins the household. A person may join the Household only with the approved Schedule prior written approval of Repairs Authority. Such approval may occur only after the joining person completes an Authority application, provides all required information, passes the screening criteria and Other Charges pays the additional $150.00 security deposit. Except for birth of a new member in the household, no additional persons will be considered until the Household has resided in the apartment for twelve months. Extenuating circumstances may be considered. ◼ Tenant reports a change in Household circumstances (such as an increase or decrease in income of any Household Member) that would result in a change in the rent. Rent will be recalculated upon a verified decline in income. ◼ Authority determines that Tenant has misrepresented the facts upon which the rent is based so that the rent Tenant is paying is less than the rent that he/she should have been charged. ◼ Federal or State law or regulation changes rent formulas or determination procedures. ◼ Rent Adjustments: Authority will notify Tenant of the amount and effective date of any rent adjustment. In the case of a rent decrease, the adjustment will become effective on the first day of the month following the reported change in circumstances or change in law or regulations, provided Tenant reported the change in a timely manner. In the case of a rent increase due to accept a “Notice change in law or regulations, the increase will become effective the first day of Rent Adjustment” when delivered by the PHAmonth following the month in which the Authority notifies the Tenant of the law or regulatory change.

Appears in 1 contract

Samples: Residential Lease Agreement

Redetermination of Rent, Dwelling Size, and Eligibility. Tenant will choose between income-based or flat rent at each annual reexamination. The rent amount as fixed Resident agrees that any change in Part II of this Lease Agreement is due each month until changed as described below: a) Scheduled Reexaminations (1) The PHA will reexamine family composition must be reported to Landlord in writing within ten (10) days of such change and compliance with Community Service and Self-Sufficiency Requirement any increase in income must be reported to Landlord in writing within ten (CSSR10) annually calendar days of families paying flat rentsuch increase. The PHA will conduct a reexamination of income and deductions at least once every three years of families who have opted When requested by Xxxxxxxx, Resident also agrees to pay flat rent. (2) The PHA will conduct a reexamination of furnish accurate information to Landlord as to family income, deductionsemployment, and family composition and compliance with CSSR at least once every year for purposes of families who choose permitting Landlord to pay income-based rent. (3) All adult members of the household must accompany the head of household to the recertification interview. b) Xxxxxx agrees to supply PHA, when requested, with accurate information about: family composition, age of family members, income and sources of income for all family members, assets, community service activities, and related information necessary to determine continued eligibility, annual income, adjusted income and rent. Failure to supply such information when requested is a serious violation of the terms of the Lease and shall be grounds for termination of the Lease. All information must be verified by the PHA. Xxxxxx agrees to comply with XXX requests for verification by signing releases for third-party verifications, presenting documents for review, or providing other suitable forms of verification. PHA shall give Tenant reasonable notice of what actions Tenant must take and of the date by which any such action must be taken for compliance under this sectionperform its Annual Review. This information will shall be used by PHA Landlord (i) to decide determine whether the amount of rent rental should be changed and changed, (ii) whether the dwelling size is still appropriate for TenantResident’s needs, (iii) whether Resident is still eligible for public housing and (iv) if Resident remains eligible to occupy low-income tax credit pursuant to the requirements of Section 42 of the Internal Revenue Code of 1986, as amended. This determination Resident shall also give Landlord authorization to verify all sources of income. These determinations will be made in accordance with the ARHA’s Admissions and Continued Occupancy PolicyPlan. In all cases Landlord will be obligated to schedule the annual reexamination at least one hundred and twenty (120) days prior to the Annual Review date. Resident may also be subject to eviction because of failure to make full, which is available prompt, and accurate disclosures and supply documentation as required by Landlord. A. Rent fixed in Section 2 hereof or as adjusted pursuant to the above will remain in effect for review the period between rent determinations. Where Resident, intentionally or willfully, has misrepresented or failed to submit to Landlord any facts used in the PHA office.determination of rent, Landlord may charge and collect as rent the difference between the rent actually paid and the rent which should have been paid had the proper information been submitted by Resident in a timely manner. If this Lease is an extension of occupancy by Resident under a prior Lease or Leases with Landlord, such amount due under the prior Lease or Leases may be charged and collected as if the same had occurred hereunder; c) The Tenant agrees B. In the event of any rent change pursuant to pay maintenance and other chargesthe above, if any, in accordance with the approved Schedule of Repairs and Other Charges and to accept Landlord will mail or deliver a “Notice of Rent AdjustmentChangewhen delivered to Resident in accordance with Section 11 hereof. In case of a rent decrease, the rent change will become effective the first of the month following the change in circumstances, provided that Resident has timely reported such change. In the case of a rent increase, the rent increase will become effective the first of the second month following the change, unless the rent increase results from finding of a misrepresentation as noted above. Resident agrees to be bound by any change determined by Landlord to be necessary by application of this Section 4 and applicable rules and regulations. C. Resident may show a change in Resident’s circumstances which would justify a reduction in rent pursuant to ARHA’s Admission and Continued Occupancy Plan by submitting a signed statement and other, setting forth the PHAtrue facts as to the family composition, employment, and family income. D. If Resident can show that the income on the basis of which the rent was calculated has terminated, then Resident shall report this information to Landlord, together with any information concerning other sources of income which have become available to family members since the last rent determination. The rent will then be redetermined based on the information which is provided and verified. E. Resident agrees to annually sign a release, as provided by Landlord, allowing Landlord to release information regarding Resident’s income, family composition or other information regarding Resident’s eligibility for continued occupancy, to appropriate personnel to evaluate Resident’s continued eligibility for occupancy, including but not limited to eligibility for occupancy in low-income tax credit housing pursuant to the requirements of Section 42 of the Internal Revenue Code of 1986, as amended. F. If Landlord determines that the size of the Premises is no longer appropriate for either Resident’s needs or pursuant to applicable regulations, then Landlord shall give Resident thirty (30) days’ notice that Resident may be transferred any time after said thirty (30) day period. Thereafter, Resident shall relocate to the new Premises within three (3) days of Landlord’s written notification to Resident of the address of the new Premises. If Resident fails to accept the proffered Premises, Landlord may terminate this Lease. Every reasonable effort will be made by Landlord to transfer Resident to an appropriate premises within , however if no appropriate Premises is available, Resident may be transferred to another Premises as determined by ARHA. Resident must schedule an agreed upon time and be present for a move out inspection with a designated Housing Inspector. Resident will sign a move out inspection form and turn in the keys to the vacated Premises to the Housing Inspector, 000 Xxxxx Xxxxxx, Xxxxxxxxxx, Xx. by 5:00 p.m. of the day the former Premises is vacated by Resident. If Resident fails to turn in the keys as required, Resident shall be charged rent for the old and new Premises until the keys are turned in as set forth above and Resident shall be in violation of the terms and conditions of this Lease and may be subject to termination of this Lease for a violation of this provision. If Resident does not turn in the keys as required above, Landlord shall change the locks and charge Resident the cost thereof. The security deposit from a prior premises shall be transferred to the account of the new Premises. If Resident’s initial security payment was less than the PHA minimum security deposit requirement of $500.00, then the Landlord shall request the difference to equal the minimum requirement or the family’s new TTP at the time of transfer, whichever is greater. Resident will be billed for any maintenance or other charges due for the “old” Premises.

Appears in 1 contract

Samples: Tax Credit Lease

Redetermination of Rent, Dwelling Size, and Eligibility. Tenant will choose between A. The status of each resident family’s eligibility, for those families choosing income-based rent is to be reexamined and their rent re-determined at least once a year, but also at interim periods if requested by HACC in accordance with any information received by HACC which may reasonably affect the determination of rent or household composition for Resident. The status of each resident family’s eligibility, for those families choosing flat rent at each annual reexamination. The is to be reexamined and their rent amount as fixed in Part II of this Lease Agreement is due each month until changed as described below: a) Scheduled Reexaminations (1) The PHA will reexamine family composition and compliance with Community Service and Selfre-Sufficiency Requirement (CSSR) annually of families paying flat rent. The PHA will conduct a reexamination of income and deductions determined at least once every three years of families who have opted to pay flat rent. (2) The PHA will conduct a reexamination of income, deductions, family composition and compliance with CSSR at least once every year of families who choose to pay income-based rent. (3) years, but also at interim periods HACC in accordance with any information received by HACC which may reasonably affect the determination of rent or household composition for Resident. All adult members of the Resident’s household except for non-working full-time students or live- in-aides (as defined herein), must accompany Resident to any and all re-determinations requested by HACC. Resident and all adult members of Resident’s household, except live-in-aides (as defined herein) must sign all applicable determination documents required by HACC. If Resident and all adult members of Resident’s household except for non-working fulltime students or live-in-aides (as defined herein) do not attend any scheduled or rescheduled redetermination meeting without a showing of good cause, as determined by HACC, or do not comply with the head of household to the recertification interview. b) Xxxxxx agrees to supply PHA, when requested, with accurate information about: family composition, age of family members, income and sources of income for all family members, assets, community service activities, and related information necessary to determine continued eligibility, annual income, adjusted income and rent. Failure to supply such information when requested is a serious violation requirements of the terms of the Lease and redetermination process, as determined by HACC, it shall be considered a default of this Agreement and grounds for termination of the Lease. All information must be verified by the PHA. Xxxxxx this Agreement. B. Resident agrees to comply with XXX requests furnish to HACC at any redetermination, upon request by HACC, complete, current, accurate and verifiable information as to household income and assets, number of persons residing in the household, employment, criminal record background information, certain medical information and household composition for verification by signing releases for third-party verifications, presenting documents for review, or providing other suitable forms of verification. PHA shall give Tenant reasonable notice of what actions Tenant must take and of the date by which any such action must be taken for compliance under this section. This information will be used by PHA to decide HACC’s use in determining whether the amount of Resident’s rent should be changed and changed, whether the dwelling size of the Dwelling is still appropriate for TenantResident’s needs, and whether Resident and/or members of Resident’s family are still eligible to reside at HACC. This determination will Resident agrees to furnish all information requested by HACC in writing within ten (10) days from the date of receipt of the request. If the tenth (10th) day falls on a Saturday, Sunday or a legal holiday, the tenth (10th) day shall be considered the end of the next successive business day. Resident agrees to provide any authorization and/or release, at HACC’s request, required to verify information being supplied to HACC by Resident and/or members of Resident’s household. The determinations referenced in this section shall be made in accordance with the Admissions and Continued Occupancy Policy“Schedule of Rents” in effect at that time, which is available for review posted in the PHA officeHACC’s Office. Resident shall keep copies of all documentation provided to HACC for any and all re-determinations. Housing Authority of the City of Cocoa Residential Lease RESIDENT INITIAL C. All information and/or records made available to HACC by Resident or members of Resident’s household or obtained by HACC about Resident or members of Resident’s household shall be held confidential by HACC only to the extent allowed by the Public Records laws of the State of Florida, as may be amended and/or any other applicable laws or orders of a court of competent jurisdiction. c) D. If Resident fails or refuses to furnish the information requested by HACC, or if Resident or members of Resident’s household have misrepresented and/or failed to report facts upon which rent was based, so that the rent being paid by Resident to HACC is less than the rent which should have been charged, an adjustment of rent, retroactive to the date the increase should have taken effect shall be due and payable to HACC immediately. Additionally, misrepresentation by Resident or members of Resident’s household shall be considered a default under the terms of this Agreement and grounds for termination of this Agreement. E. No change in rent shall be effective until adequate information to verify such change has been received by HACC. Resident shall be notified of any adjusted rent charged as a result of the annual redetermination, or interim redetermination requested by HACC by receipt of a Notice of Rent Adjustment from HACC. If Resident’s rent increases, the notice shall be considered a notice of proposed adverse action (as defined herein). The Tenant agrees to pay maintenance notice shall state the specific reasons for HACC’s determination, and other charges, that if any, Resident does not agree with the determination; Resident may request a grievance hearing concerning the determination in accordance with HACC’s grievance procedure. Resident shall receive the approved Schedule of Repairs and Other Charges and to accept a “Notice of Rent Adjustment” when delivered Adjustment at least thirty (30) days prior to any adjusted rent taking effect. F. Increases in rent shall become effective the first business day of the second month following the month in which the change occurred, unless the increase is a result of false or incomplete information supplied by Resident or a member of Resident’s household, whereby the PHAincrease becomes effective as stated in Section 15 (E) above. Decreases in rent shall become effective the first business day of the month following the month in which the change was reported, provided Resident reported the change in a timely manner (as defined herein). Resident agrees to execute an addendum to this Agreement showing the adjusted rent as a result of the determination by HACC. G. Notwithstanding anything herein that might be interpreted to the contrary, HACC will not consider at any redetermination the increased earnings of member of Resident’s household for a period of twelve

Appears in 1 contract

Samples: Residential Lease

Redetermination of Rent, Dwelling Size, and Eligibility. Tenant will choose between incomeA. Unless exempted for a three-based or year period by choosing the flat rent at each annual reexamination. The rent amount as fixed in Part II of this Lease Agreement is due each month until changed as described below: a) Scheduled Reexaminations (1) The PHA will reexamine family composition and compliance with Community Service and Self-Sufficiency Requirement (CSSR) annually of families paying flat rent. The PHA will conduct a reexamination of income and deductions option, TENANT agrees to submit to the MANAGEMENT upon request, at least once every three years of families who have opted each year, a signed statement in such form as MANAGEMENT may request, setting forth the facts as to pay flat rent. (2) The PHA will conduct a reexamination of income, deductions, family composition all income received by TENANT and compliance with CSSR at least once every year of families who choose to pay income-based rent. (3) All adult all members of TENANT’s household, together with names and addresses of all employers of the household must accompany the head TENANT and members of household TENANT’s household, and of all persons or organizations from whom such income is received, and as to the recertification interview. b) Xxxxxx agrees to supply PHAnames, when requested, with accurate information about: family composition, age of family members, income and sources of income for all family members, assets, community service activitiesages, and related information necessary relationship to determine continued eligibility, annual income, adjusted income and rent. Failure to supply such information when requested is a serious violation TENANT of all persons residing in the terms of the Lease and shall be grounds for termination of the Lease. All information must be verified by the PHA. Xxxxxx agrees to comply with XXX requests for verification by signing releases for third-party verifications, presenting documents for review, or providing other suitable forms of verification. PHA shall give Tenant reasonable notice of what actions Tenant must take and of the date by which any such action must be taken for compliance under this sectionleased premises. This information statement will be used by PHA MANAGEMENT to decide determine whether the amount of rent monthly rental should be changed and whether the dwelling unit size is and type are still appropriate for TenantTENANT’s needs. B. Rentals fixed in Part Two hereof or as adjusted pursuant to this section will remain in effect for the period between rent redeterminations unless it shall be shown that the TENANT has misrepresented or failed to report to MANAGEMENT the facts upon which TENANT’s rent is based, in which event MANAGEMENT reserves the right to redetermine the rent retroactively as of the date of such misrepresentation or failure to report facts, and to hold TENANT liable for any additional rent thus determined to be due, and/or to seek termination of TENANT’s Lease pursuant to Section 11. This determination of the Lease. C. In case of a rent decrease, the adjustment shall become effective the first day of the month following the change in circumstances, provided that the TENANT has timely reported such change. In the case of a rent increase, the adjustment will become effective the first day of the second month following the change, except that such rent increase may be made retroactive where there is a finding of misrepresentation in accordance with the Admissions and Continued Occupancy Policy, which is available for review in the PHA officeSubsection B. herein. c) The Tenant agrees D. MANAGEMENT shall advise TENANT of any income that will be excluded from consideration. Increased earnings due to pay maintenance and other chargesemployment shall be totally or partially excluded during the twenty-four month period following hire for families whose income has increased because of the employment of a family member who was previously unemployed for one or more years, if any, or because of participation in accordance with a self-sufficiency program or was assisted by a State TANF program within the approved Schedule of Repairs and Other Charges and to accept a “Notice of Rent Adjustment” when delivered by the PHAlast six months.

Appears in 1 contract

Samples: Residential Lease Agreement

Redetermination of Rent, Dwelling Size, and Eligibility. Tenant will choose between income-based (A) Once a year, or flat rent at each annual reexamination. The rent amount as fixed in Part II of this Lease Agreement is due each month until changed as described below: a) Scheduled Reexaminations (1) The PHA will reexamine family composition and compliance with Community Service and Self-Sufficiency Requirement (CSSR) annually of families paying flat rent. The PHA will conduct a reexamination of income and deductions at least once every three years of families who have opted to pay flat rent. (2) The PHA will conduct a reexamination of incomeotherwise required by Landlord, deductions, family composition and compliance with CSSR at least once every year of families who choose to pay income-based rent. (3) All adult members of the household must accompany the head of household to the recertification interview. b) Xxxxxx agrees to supply PHA, when requested, with furnish a signed statement and certification containing accurate information about: regarding family income, employment and family composition, age for use by Landlord in redetermining rent, dwelling size and continued eligibility for assisted housing. In the event of family members, income and sources failure or refusal of income for all family members, assets, community service activities, and related information necessary Tenant to determine continued eligibility, annual income, adjusted income and rent. Failure to supply report such information when requested is a serious violation of the terms of the Lease and shall be grounds for termination of the Leaseas required, Landlord may terminate this lease. All information must be verified by the PHA. Xxxxxx agrees to comply with XXX requests for verification by signing releases for third-party verifications, presenting documents for review, or providing other suitable forms of verification. PHA shall give Tenant reasonable notice of what actions Tenant must take and of the date by which any such action must be taken for compliance under this section. This information will be used by PHA to decide whether the amount The redetermination of rent should be changed and whether the redetermination of proper dwelling size is still appropriate for Tenant’s needs. This determination will be made in accordance with Landlord's computation of rents and Landlord's posted policies governing occupancy. When the Admissions Landlord redetermines the amount of rent payable by the Tenant or determines that the Tenant must transfer to another unit based on family composition, the Landlord shall notify the Tenant that the Tenant may ask for an explanation stating the specific grounds of the Landlord's determination, and Continued Occupancy Policythat if the Tenant does not agree with the determination, which is available for review in the PHA officeTenant may request a hearing under the Landlord's grievance procedure. c(B) Monthly rent as shown on page 1 of this lease, or as adjusted in accordance with the provisions herein, will remain in effect for the period between regular rent determinations, unless there is a change in family income or family composition. (C) Within ten (10) calendar days after there is a change in family income or family composition, Xxxxxx agrees to provide to Landlord verifiable information, in writing, regarding such change. Family members who move from the dwelling unit shall be removed from the lease. The tenant shall report the move out, in writing, within 10 calendar days of its occurrence. These individuals may not be readmitted to the unit and must apply as a new applicant household for placement on the waiting list. Medical hardship or other circumstances may be considered by the Landlord in making determinations under this paragraph. Also, the remaining members of the family may be over housed according to the occupancy standards of the Landlord and required to transfer as specified below in Section IV(CC) of dwelling lease. (D) Changes in rent will be made as follows: 1. Tenant agrees to pay maintenance any increase in rent resulting from an increase in family income the first of the second month following the date in which such increase in family income occurred, and other charges, if anyto pay any back (retroactive) rent due because of failure on the part of the Tenant to report such increase in family income. 2. A decrease in rent resulting from a decrease in family income will be effective the first of the month following the actual date of the decrease of income and/or the date the tenant reported the decrease, in accordance with the approved Schedule of Repairs and Other Charges and to accept a “Notice of Rent Adjustment” when delivered writing, whichever is later. The information must be verified, in writing, by the PHALandlord. 3. Tenant agrees to pay any increase in rent resulting from the implementation of changes in rent computation or increases due to changes in regulations, policies or procedures requiring implementation by the United States Department of Housing and Urban Development (HUD). 4. Rent will not be reduced when there is a reduction in welfare payments received because of non-compliance with an economic self-sufficiency program, work activities requirements, and/or fraud in the welfare program.

Appears in 1 contract

Samples: Dwelling Lease

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Redetermination of Rent, Dwelling Size, and Eligibility. Tenant will choose between income-based or flat rent at each annual reexamination. The rent amount as fixed in Part II of this Lease Agreement is due each month until changed as described below: a) Scheduled Reexaminations (1) The PHA will reexamine family composition and compliance with Community Service and Self-Sufficiency Requirement (CSSR) annually of families paying flat rent. The PHA will conduct a reexamination status of income and deductions each family is to be re-examined at least once every three years of families who have opted to pay flat renta year. (2A) The PHA will conduct a reexamination of income, deductions, family composition and compliance with CSSR at least once every year of families who choose to pay income-based rent. (3TENANT(S) All adult members of the household must accompany the head of household to the recertification interview. b) Xxxxxx agrees promises to supply PHAthe AUTHORITY, when requested, with accurate information about: family : (1) Family composition, age ; (2) Age of family members, income ; (3) Income and sources source of income for of all family members, assets, community service activities, and related ; (4) Assets; (5) Certifications; and (6) Related information necessary to determine continued eligibility, annual income, adjusted income income, and rent. . (B) Failure to supply such information when requested is a serious violation of the terms of the Lease lease, and shall be grounds for termination of the Lease. AUTHORITY may terminate the lease. (C) All information must be verified by the PHAverified. Xxxxxx TENANT(S) agrees to comply with XXX the AUTHORITY'S requests for verification by signing releases for third-party verificationssources, presenting documents for review, or providing other suitable forms of verification. PHA . (D) The AUTHORITY shall give Tenant TENANT(S) reasonable notice of what actions Tenant TENANT(S) must take and of the date by which any such action must be taken for compliance under this section. This information will be used by PHA the AUTHORITY to decide whether the amount of the rent should be changed changed, and whether the dwelling size is still appropriate for Tenant’s TENANT(S)’S needs. This determination will be made in accordance with the Admissions and Continued Occupancy PolicyPolicies, which is available for review publicly posted in the PHA officeHousing Office. A copy of the Policies can be furnished on request at the expense of the person making the request. c(E) Rent will not change during the period between regular re-examinations, UNLESS during such period: (1) A person with income joins the household; (2) TENANT(S) can verify a change in his/her circumstances (such as decline in or loss of income) that would justify a reduction in rent. If a reduction is granted, TENANT(S) must report subsequent increases in income within ten (10) days of the occurrence, until the next scheduled re-examination. (Failure to report within the ten (10) days may result in a retroactive rent charge); (3) If it is found that the TENANT(S) has misrepresented the facts upon which the rent is based so that the rent TENANT(S) is paying is less than the rent that he/she should have been charged, the AUTHORITY then may apply an increase in rent retroactive to the first of the month following the month in which the misrepresentation occurred; and (4) Rent formulas or procedures are changed by Federal law or regulation. (F) Any increase or decrease in monthly income in excess of one hundred dollars ($100) per month of any household member must be reported in writing to the AUTHORITY. (G) Notwithstanding the provisions listed above, a TENANT’S rent shall not be reduced if the decrease in the family’s annual income is caused by a reduction in the welfare or public assistance benefits received by the family that is a result of TENANT’S failure to comply with the conditions of the assistance program requiring participation in an economic self-sufficiency program or other work activities. In addition, if the decrease in the family’s annual income is caused by a reduction in welfare or public assistance benefits received by the family that is the result of an act of fraud, such decrease in income shall not result in a rent reduction. In such cases, the amount of income to be attributed to the family shall include what the family would have received had they complied with the welfare requirements or had not committed an act of fraud. (H) For purposes of rent adjustments, the reduction of welfare or public assistance benefits to a family that occurs as a result of the expiration of a time limit for the receipt of assistance will not be considered a failure to comply with program requirements. Accordingly, a TENANT(S)’S rent will be reduced as a result of such a decrease. (I) The Tenant agrees AUTHORITY shall verify the information provided by TENANT(S) to pay maintenance determine if a decrease in the rent is warranted. (J) TENANT(S) understands that any of the above-mentioned occurrences MUST be reported in WRITING and other chargeson the PROPER AUTHORITY FORMS. Merely telephoning the AUTHORITY office, or otherwise informally reporting any occurrences does not comply with TENANT(S) reporting responsibilities. (K) All changes in family composition must be reported to the Manager within ten (10) days of the occurrence. Failure to report within the ten (10) days may result in a retroactive rent charge. (L) In cases where annual income cannot be projected for a twelve (12) month period or TENANT(S) is reporting no income and TENANT(S) has chosen the percentage of income rent option, the AUTHORITY will schedule special rent reviews every sixty (60) days. (M) TENANT(S) paying rent based on income may meet with the AUTHORITY to discuss any change in rent resulting from the re-certification process; and, if anyTENANT(S) does not agree with the determination of TENANT(S) rent, TENANT(S) may request a hearing in accordance with the approved Schedule AUTHORITY’S grievance procedures. (N) The AUTHORITY reserves the right to review the income every thirty (30) days of Repairs TENANT(S) whose income-based rent is less than one hundred dollars ($100) and Other Charges and adjust the rent accordingly. (O) This Lease will NOT be revised to accept permit a “Notice change of Rent Adjustment” when delivered by family composition resulting from a request to allow adult children to move back into the PHAunit. An exception will be made if it is determined that the move-in of a single adult child is essential for the mental or physical health of TENANT(S).

Appears in 1 contract

Samples: Residential Lease Agreement

Redetermination of Rent, Dwelling Size, and Eligibility. Tenant will choose between A. The status of each resident family’s eligibility, for those families choosing income-based rent is to be reexamined and their rent re- determined at least once a year, but also at interim periods if requested by PCHA in accordance with any information received by PCHA which may reasonably affect the determination of rent or household composition for Resident. The status of each resident family’s eligibility, for those families choosing flat rent at each annual reexamination. The is to be reexamined and their rent amount as fixed in Part II of this Lease Agreement is due each month until changed as described below: a) Scheduled Reexaminations (1) The PHA will reexamine family composition and compliance with Community Service and Selfre-Sufficiency Requirement (CSSR) annually of families paying flat rent. The PHA will conduct a reexamination of income and deductions determined at least once every three years of families who have opted to pay flat rent. (2) The PHA will conduct a reexamination of income, deductions, family composition and compliance with CSSR at least once every year of families who choose to pay income-based rent. (3) years, but also at interim periods PCHA in accordance with any information received by PCHA which may reasonably affect the determination of rent or household composition for Resident. All adult members of the Resident’s household except for non-working full-time students or live-in-aides (as defined herein), must accompany Resident to any and all re-determinations requested by PCHA. Resident and all adult members of Resident’s household, except live-in- aides (as defined herein) must sign all applicable determination documents required by PCHA. If Resident and all adult members of Resident’s household except for non-working full-time students or live-in-aides (as defined herein) do not attend any scheduled or rescheduled redetermination meeting without a showing of good cause, as determined by PCHA, or do not comply with the head of household to the recertification interview. b) Xxxxxx agrees to supply PHA, when requested, with accurate information about: family composition, age of family members, income and sources of income for all family members, assets, community service activities, and related information necessary to determine continued eligibility, annual income, adjusted income and rent. Failure to supply such information when requested is a serious violation requirements of the terms of the Lease and redetermination process, as determined by PCHA, it shall be considered a default of this Agreement and grounds for termination of the Lease. All information must be verified by the PHA. Xxxxxx this Agreement. B. Resident agrees to comply with XXX requests furnish to PCHA at any redetermination, upon request by PCHA, complete, current, accurate and verifiable information as to household income and assets, number of persons residing in the household, employment, criminal record background information, certain medical information and household composition for verification by signing releases for third-party verifications, presenting documents for review, or providing other suitable forms of verification. PHA shall give Tenant reasonable notice of what actions Tenant must take and of the date by which any such action must be taken for compliance under this section. This information will be used by PHA to decide PCHA’s use in determining whether the amount of Resident’s rent should be changed and changed, whether the dwelling size of the Dwelling is still appropriate for TenantResident’s needs, and whether Resident and/or members of Resident’s family are still eligible to reside at PCHA. This determination will Resident agrees to furnish all information requested by PCHA in writing within ten (10) days from the date of receipt of the request. If the tenth (10th) day falls on a Saturday, Sunday or a legal holiday, the tenth (10th) day shall be considered the end of the next successive business day. Resident agrees to provide any authorization and/or release, at PCHA’s request, required to verify information being supplied to PCHA by Resident and/or members of Resident’s household. The determinations referenced in this section shall be made in accordance with the Admissions and Continued Occupancy Policy“Schedule of Rents” in effect at that time, which is available for review posted in the PHA officeProperty Office of Resident’s complex, or if there is not a Property Office, the Central Office of PCHA. Resident shall keep copies of all documentation provided to PCHA for any and all re-determinations. c) C. All information and/or records made available to PCHA by Resident or members of Resident’s household or obtained by PCHA about Resident or members of Resident’s household shall be held confidential by PCHA only to the extent allowed by the Public Records laws of the State of Florida, as may be amended and/or any other applicable laws or orders of a court of competent jurisdiction. D. If Resident fails or refuses to furnish the information requested by PCHA, or if Resident or members of Resident’s household have misrepresented and/or failed to report facts upon which rent was based, so that the rent being paid by Resident to PCHA is less than the rent which should have been charged, an adjustment of rent, retroactive to the date the increase should have taken effect shall be due and payable to PCHA immediately. Additionally, misrepresentation by Resident or members of Resident’s household shall be considered a default under the terms of this Agreement and grounds for termination of this Agreement. E. No change in rent shall be effective until adequate information to verify such change has been received by PCHA. Resident shall be notified of any adjusted rent charged as a result of the annual redetermination, or interim redetermination requested by PCHA by receipt of a Notice of Rent Adjustment from PCHA. If Resident’s rent increases, the notice shall be considered a notice of proposed adverse action (as defined herein). The Tenant agrees to pay maintenance notice shall state the specific reasons for PCHA’s determination, and other charges, that if any, Resident does not agree with the determination; Resident may request a grievance hearing concerning the determination in accordance with PCHA’s grievance procedure. Resident shall receive the approved Schedule of Repairs and Other Charges and to accept a “Notice of Rent AdjustmentAdjustment at least thirty (30) days prior to any adjusted rent taking effect. F. Increases in rent shall become effective the first business day of the second month following the month in which the change occurred, unless the increase is a result of false or incomplete information supplied by Resident or a member of Resident’s household, whereby the increase becomes effective as stated in Section 15 (E) above. Decreases in rent shall become effective the first business day of the month following the month in which the change was reported, provided Resident reported the change in a timely manner (as defined herein). Resident agrees to execute an addendum to this Agreement showing the adjusted rent as a result of the determination by PCHA. G. Notwithstanding anything herein that might be interpreted to the contrary, PCHA will not consider at any redetermination the increased earnings of member of Resident’s household for a period of twelve (12) months from the date of hire or increase where the family member was unemployed for a year or more and is now employed, or whose employment income increases as a result of participation in any family self-sufficiency or job training program, or who was receiving TANF benefits in the last six (6) months and whose earned income increases. During the following twelve (12) month period the Resident’s rent may be increased by PCHA by fifty percent (50%) of the amount that would have been considered as part of the household income during the previous twelve (12) month period except as stated herein. If Resident qualifies, as determined by PCHA, he/she may request PCHA to place any rent increase that does not take effect as a result of this section in an escrow account for Resident’s benefit, with restrictions for use as determined by PCHA. X. Xxxx as fixed herein shall remain in effect for the period between the annual redetermination, or interim redetermination requested by PCHA, unless during such period: (i) Rent is based on false or incomplete information supplied to PCHA by Resident or members of Resident’s household; (ii) It is found that an error was made by PCHA at admission or redetermination (Resident shall not be charged retroactively for errors made by PCHA); (iii) At redetermination it may be impossible to verify the income of Resident or members of Resident’s household, or to project the income for a twelve (12) month period, or Resident may be reporting no income. In these cases, a temporary rent shall be charged and Resident must report to PCHA every sixty (60) days until an accurate rent can be established. If the sixtieth (60th) day falls on a Saturday, Sunday or a legal holiday, the sixtieth (60th) day shall be considered the end of the next successive business day. Such rent shall be effective the date the temporary rent was set, and any overpayment shall be credited to Resident’s account, and any underpayment shall become due and payable immediately; (iv) Resident’s rent is affected by changes in Federal laws, regulations or guidelines; (v) Resident can effectively show a change in circumstances or an increase or decrease in income which would justify an increase or decrease in rent pursuant to the “Schedule of Rentswhen delivered in effect at that time; (vi) Public Assistance being received by Resident or members of Resident’s household commences or is terminated, as outlined herein. Such change must be reported to PCHA within ten (10) days of its occurrence. If the tenth (10th) day falls on a Saturday, Sunday or a legal holiday, the tenth (10th) day shall be considered the end of the next successive business day; (vii) There is a change in Resident’s household composition; or (viii) Utility Allowances are changed. I. Notwithstanding anything herein that might be interpreted to the contrary, Resident’s rent shall not be reduced if the decrease in the family’s considered income is caused by a reduction in welfare or public assistance benefits received by the PHAfamily that is as a result of the Resident or member of Resident’s household’s failure to comply with the conditions of the assistance program requiring participation in an economic self-sufficiency program or other work activities. In addition, if the decrease in the family’s considered income is caused by a reduction in welfare or public assistance benefits received by the family that is the result of an act of fraud, such decrease in considered income shall not result in a rent decrease. In such cases the amount of income to be attributed to the family shall include what the family would have received if they had complied with the welfare requirements or had not committed fraud. For the purposes of rent adjustments, the reduction of welfare or public assistance benefits to the family that occurs as a result of the expiration of a time limit for the receipt of assistance will not be considered a failure to comply with program requirements and Resident’s rent will be reduced appropriately as a result of such decrease. J. Resident must report to PCHA in writing any and all changes in household income and composition within ten (10) days of such change, unless Resident can present documentable evidence, as determined in PCHA’s sole discretion that information in this regard is unavailable due to conditions beyond Resident’s control. If the tenth (10th) day falls on a Saturday, Sunday or a legal holiday, the tenth (10th) day shall be considered the end of the next successive business day. Failure to report any and all changes in income or household composition shall be considered a default under the terms of this Agreement and grounds for termination of this Agreement. K. All documents used by PCHA for any annual redetermination, or interim redetermination as requested by PCHA, are hereby incorporated into this Agreement by reference.

Appears in 1 contract

Samples: Lease Agreement

Redetermination of Rent, Dwelling Size, and Eligibility. Tenant will choose between income-based (A) Once a year, or flat rent at each annual reexamination. The rent amount as fixed in Part II of this Lease Agreement is due each month until changed as described below: a) Scheduled Reexaminations (1) The PHA will reexamine family composition and compliance with Community Service and Self-Sufficiency Requirement (CSSR) annually of families paying flat rent. The PHA will conduct a reexamination of income and deductions at least once every three years of families who have opted to pay flat rent. (2) The PHA will conduct a reexamination of incomeotherwise required by Landlord, deductions, family composition and compliance with CSSR at least once every year of families who choose to pay income-based rent. (3) All adult members of the household must accompany the head of household to the recertification interview. b) Xxxxxx agrees to supply PHA, when requested, with furnish a signed statement and certification containing accurate information about: regarding family income, employment and family composition, age for use by Landlord in re-determining rent, dwelling size and continued eligibility for assisted housing. In the event of family members, income and sources failure or refusal of income for all family members, assets, community service activities, and related information necessary Tenant to determine continued eligibility, annual income, adjusted income and rent. Failure to supply report such information when requested is a serious violation of the terms of the Lease and shall be grounds for termination of the Leaseas required, Landlord may terminate this lease. All information must be verified by the PHA. Xxxxxx agrees to comply with XXX requests for verification by signing releases for third-party verifications, presenting documents for review, or providing other suitable forms of verification. PHA shall give Tenant reasonable notice of what actions Tenant must take and of the date by which any such action must be taken for compliance under this section. This information will be used by PHA to decide whether the amount The redetermination of rent should be changed and whether the redetermination of proper dwelling size is still appropriate for Tenant’s needs. This determination will be made in accordance with Landlord's computation of rents and Landlord's posted policies governing occupancy. When the Admissions Landlord re-determines the amount of rent payable by the Tenant or determines that the Tenant must transfer to another unit based on family composition, the Landlord shall notify the Tenant that the Tenant may ask for an explanation stating the specific grounds of the Landlord's determination, and Continued Occupancy Policythat if the Tenant does not agree with the determination, which is available for review in the PHA officeTenant may request a hearing under the Landlord's grievance procedure. Adult members of the household are required to sign a copy of HHA’s House Rules at each re-examination. c(B) Monthly rent as shown on page 1 of this lease, or as adjusted in accordance with the provisions herein, will remain in effect for the period between regular rent determinations, unless there is a change in family income or family composition. (C) Within ten (10) calendar days after there is a change in family income or family composition, Xxxxxx agrees to provide to Landlord, in writing, verifiable information regarding such change. Family members who move from the dwelling unit shall be removed from the lease. The resident shall report the move-out, in writing, within 10 calendar days of its occurrence. These individuals may not be readmitted to the unit and must apply as a new applicant household for placement of the waiting list. Medical hardship or other circumstances shall be considered by the Landlord in making determinations under this paragraph. Also, the remaining members of the family may be over housed according to the occupancy standards of the Landlord and required to transfer as specified below in Section IV (CC) of this dwelling lease. (D) Changes in rent will be made as follows: 1. Tenant agrees to pay maintenance any increase in rent resulting from an increase in family income the first of the second month following the date in which such increase in family income occurred, and other charges, if anyto pay any back (retroactive) rent due because of failure on the part of the Tenant to report such increase in family income; 2. A decrease in rent resulting from a decrease in family income will be effective the first of the month following the actual date of the decrease of income and/or the date the tenant reported the decrease, in accordance with the approved Schedule of Repairs and Other Charges and to accept a “Notice of Rent Adjustment” when delivered writing, which ever is later. The information must be verified, in writing, by the PHALandlord. 3. Tenant agrees to pay any increase in rent resulting from the implementation of changes in rent computation or increases due to changes in regulations, policies, or procedures requiring implementation by the United States Department of Housing and Urban Development (HUD). 4. Rent will not be reduced when there is a reduction in welfare payments received because of non-compliance with an economic self-sufficiency program, work activities requirements, and/or fraud in the welfare program.

Appears in 1 contract

Samples: Dwelling Lease

Redetermination of Rent, Dwelling Size, and Eligibility. Tenant will choose between income-based or flat rent at each annual reexamination. The rent amount as fixed in Part II of this the Lease Agreement is due each month until changed as described below: a) Scheduled Reexaminations. (1) The PHA will reexamine family composition and compliance with Community Service and Selfis to be re-Sufficiency Requirement (CSSR) annually of families paying flat rent. The PHA will conduct a reexamination of income and deductions examined at least once every three years a year. The housing authority shall re-examine the income of families who have opted the family at least once a year if Tenant chooses to pay income- based rent. If Tenant chooses to pay flat rent, the housing authority shall re-examine the income of the family no less than every three (3) years. If a tenant is found to be over income at their re-exam they will be given 6 months to move. If the tenant becomes 62 or disabled while living at the Housing Authority they will not be asked to leave the premises. (2) The PHA will conduct a reexamination of income, deductions, family composition and compliance with CSSR at least once every year of families who choose to pay income-based rent. (3) All adult members of the household must accompany the head of household to the recertification interview. b) Xxxxxx agrees Tenant promises to supply PHAthe Authority, when requested, with accurate information about: family composition, age of family members, income and sources source of income for of all family members, assets, community service activities, and related information necessary to determine continued eligibility, (verifying of a disability must be in writing from a professional) annual income, adjusted income income, and rent. Failure to supply such information when requested is a serious violation of the terms of the Lease lease, and shall be grounds for termination of the LeaseAuthority may terminate the lease. All information must be verified by the PHAverified. Xxxxxx Tenant agrees to comply with XXX the Authority's requests for verification by signing releases for third-party verificationssources, presenting documents for review, or providing other suitable forms of verification. PHA The Authority shall give Tenant reasonable notice of what actions Tenant must take and of the date by which any such action must be taken for compliance under this section. This information will be used by PHA the Authority to decide whether the amount of the rent should be changed changed, and whether the dwelling size is still appropriate for Tenant’s 's needs. This determination will be made in accordance with the Admissions and Continued Occupancy Policy, which is available for review publicly posted in the PHA officeProject Office. A copy of the policies can be furnished on request at the expense of the person making the request. c(3) Rent will not change during the period between regular re-examinations, UNLESS during such period: A. For families paying income-based rent: 1. A person with income joins the household. 2. Tenant can verify a change in his/her circumstances (such as decline in or loss of income) that would justify a reduction in rent. If a reduction is granted, Tenant must report subsequent increases in income within 10 days of the occurrence, until the next scheduled re-examination. Failure to report within the 10 days may result in a retroactive rent charge. 3. Tenant experiences an increase in income that would justify an increase in rent over a dollar amount of $ 40.00 a month. 4. It is found that the Tenant has misrepresented the facts upon which the rent is based so that the rent Tenant is paying is less than the rent that he/she should have been charged. The Authority then may apply an increase in rent retroactive to the first of the month following the month in which the misrepresentation occurred. 5. Rent formulas or procedures are changed by Federal law or regulation. B. For families paying flat rent: 1. If the PHA determines that the family is unable to pay the flat rent because of financial hardship. i. Upon such a determination, the housing authority shall immediately provide for the family to pay rent in the amount determined under income-based rent. ii. Hardship is defined in the housing authority’s Admissions and Continued Occupancy Policy. 2. If the family has switched from paying flat rent to income-based rent because of financial hardship, the family will be given the option at the next annual reexamination whether to choose income-based or flat rent. 3. Tenants with a HOH or Co-Head that are not disabled and currently paying flat rent and their income exceed current income guidelines will be asked to vacate Public Housing at their next re-exam with six months’ notice. (4) All changes in family composition must be reported to the Housing Manager within 10 days of the occurrence. Failure to report within the 10 days may result in a retroactive rent charge. This Lease will be revised to permit a change of family composition resulting from a request to allow adult children to move back into the unit. The Tenant agrees must receive approval from the Authority BEFORE the adult child moves back to pay maintenance and other charges, if any, in accordance with the approved Schedule of Repairs and Other Charges and to accept a “Notice of Rent Adjustment” when delivered by the PHAunit. The adult child will be screened for suitability.

Appears in 1 contract

Samples: Residential Lease Agreement

Redetermination of Rent, Dwelling Size, and Eligibility. Tenant will choose between income-based or flat rent at each annual reexamination. The rent amount as fixed in Part II of this the Lease Agreement is due each month until changed as described below: a) Scheduled Reexaminations (1) The PHA will reexamine family composition and compliance with Community Service and Self-Sufficiency Requirement (CSSR) annually of families paying flat rent. The PHA will conduct a reexamination status of income and deductions each family is to be re-examined at least once a year. Tenants paying Flat Rent shall have their incomes reexamined every three years of families who have opted years. At the annual recertification Tenant shall certify to pay flat rent. (2) The PHA will conduct a reexamination of income, deductions, family composition and compliance with CSSR at least once every year of families who choose to pay income-based rent.the 8 hour per month community service requirement, if applicable. [960.209] (3) All adult members of the household must accompany the head of household to the recertification interview. b) Xxxxxx agrees 2. Tenant promises to supply PHAAPHC, when requested, with accurate information about: family composition, age of family members, income and sources source of income for of all family members, assets, community service activities, and related information necessary to determine continued eligibility, annual income, adjusted income income, and rent. [966.4(c)(2)] Failure to supply such information when requested is a serious violation of the terms of the Lease lease and shall be grounds for termination of APHC may terminate the Leaselease. All information must be verified by the PHAverified. Xxxxxx Tenant agrees to comply with XXX APHC requests for verification by signing releases for third-party verificationssources, presenting documents for review, or providing other suitable forms of verification. PHA [966.4(c)(2)] APHC shall give Tenant reasonable notice of what actions Tenant must take take, and of the date dated by which any such action must be taken for compliance under this section. This information will be used by PHA APHC to decide whether the amount of the rent should be changed changed, and whether the dwelling size is still appropriate for Tenant’s needs. This determination will be made in accordance with the Admissions and Continued Occupancy Policy, which is available for review publicly posted in the PHA officeProject Office. A copy of the policies can be furnished on request at the expense of the person making the request. c3. Rent will not change during the period between regular re-examinations, UNLESS during such period: [960.209(b)] A. Tenant can verify a change in his/her circumstances (such as decline in or loss of income) The that would justify a reduction in rent, except that rent shall not be reduced because a Tenant’s TANF grant is reduced because Tenant agrees committed welfare fraud or failed to pay maintenance and other chargescomply with a welfare department economic self sufficiency requirement. If a reduction is granted, if anyTenant must report subsequent increases in income within 10 days of the occurrence, until the next scheduled re-examination. (Failure to report within the 10 days may result in accordance with a retroactive rent charge.) B. If it is found that Tenant has misrepresented the approved Schedule facts upon which the rent is based so that the rent Tenant is paying is less than the rent that he/she should have been charged. APHC then may apply an increase in rent retroactive to the first of Repairs and Other Charges and the month following the month in which the misrepresentation occurred. C. Rent formulas or procedures are changed by Federal law or regulation. 4. All changes in family composition must be reported to accept the Executive Director within 10 days of the occurrence. Failure to report within 10 days may result in a “Notice of Rent Adjustment” when delivered by the PHA.retroactive rent charge. [966.4(c)(2)]

Appears in 1 contract

Samples: Residential Lease Agreement

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