LEADING AGE NEW YORK QandA... · 2013-03-13 · LEADING AGE NEW YORK HUD Questions & Answers Session 2013 SECURE SYSTEMS EIV & TRACS ... • You review the numbers in EIV focusing

3/6/2013

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LEADING AGE NEW YORKHUD Questions & Answers Session 2013

SECURE SYSTEMSEIV & TRACS

Refer to HUD Notice 11-21 or current EIV Notice

Question # 1

• The Security Awareness Training is now on-line—Cyber Challenge.

• Does a new user complete the online training or the old questionnaire?

• We haven’t had to do this since the beginning of EIV

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Answer # 1• You have to complete the training and the questionnaire.

This has been mandatory since the instruction was provided in HUD Notice 10-10 released in July 2010.

• Both are automated. Paper versions are no longer used.

• You must complete the online Security Awareness Training (Cyber Challenge) annually.

• This is the same training required for TRACS since October 2010, so if you have completed the training already, then you do not have to do so again for one year.

EIV Security Awareness Questionnaire

• Once you get access to EIV, you will be asked, automatically, to complete the EIV security awareness questionnaire which has nothing to do with the instruction in the Security Awareness Training.

• These questions pertain only to the security of EIV data.

• You must achieve a 90% accuracy to pass the EIV Security Awareness Questionnaire but you have 30 days to do so.

Question # 2• When we were going over the EIV income discrepancy report

last week, I was unclear on how to handle overages for the residents we know are employed.

• For example, I have a resident that has worked at the same place for 10 years, and there is always an income discrepancy on her household.

• Since I am TC as well, I use 3rd party verifications at the AR, so I am obviously using what the employer states they are making.

• Since I am using the 3rd party verifications, how do I address the discrepancy?

• Also, I have come across the rare household that shows I entered too much income for employment.

• How do I address that?

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Answer # 2

• Look at the period of income discrepancy analysis.

• Look at what was on the 50059 for that period (ignore the current 50059 because the period of income discrepancy analysis is the year before).

• Determine if there is a problem.

Example 1 (For Question 2)• MI 5/1/2010 – Employment Income

$15000.00, no SSA, no SSI, no unemployment, no dual entitlement

• AR 5/1/2011 – Employment income $10,000.00 – (resident working fewer hours) , no SSA, no SSI, no unemployment, no dual entitlement

• Current 50059 in TRACS - AR 5/1/2012 –Employment income $$15,500.00, no SSI, no unemployment, no dual entitlement

• Now working on 2013 AR.

• Period of Income Discrepancy Analysis will be 2/1/2011 through 1/31/2012

• Employment Income during that time was roughly $10,000.00

• Current 50059 in TRACS shows $15,500.00

• Since the difference is more than $2400.00 EIV throws a discrepancy saying you show $15000.00 but the previous year resident earned $10,000.00

• You review the numbers in EIV focusing on earnings from 2/1/2011 through 1/31/2012

• If these tie to the numbers you used on the 2011 50059, then you do not need to do anything.

Answer # 2 continued

• Also check the 2012 income to make sure nothing “pops out at you” to make you think the residents real income was significantly different than what was projected.

• Then you are done.

• I know this is confusing, but this is how it works.

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Example 2 (For Question 2)• MI 7/1/2011 –SSA - $5760.00 no SSI, no

employment, no unemployment, no dual entitlement, annuity income $3600.00

• Current 50059 in TRACS - AR 7/1/2012 – SSA $5803.00, SSI $4920.00, no employment, no unemployment, no dual entitlement, annuity income $3930.00

• Now working on 2013 AR.

• Period of Income Discrepancy Analysis will be 4/1/2011 through 3/31/2012

• Total Income during that time was roughly $9360

• EIV does not consider annuity income so only look at SSA ($5760.00)

• Current 50059 in TRACS shows $14,653.00

• EIV only considers the SSA and SSI for this 50059. ($10,723.00)

• Since the difference is more than $2400.00 EIV throws a discrepancy saying you show $10,723.00 but the previous year resident earned $5760.00

• You review the numbers in EIV focusing on earnings from 4/1/2011 through 3/31/2012

• If these tie to the numbers you used on the 2011 50059, then you do not need to do anything.

Answer # 2 Continued

• If you have other information that indicates that EIV is

• Not correct

• Not complete

• Missing information

• Then refer to the information in the tenant file and make a note explaining why the discrepancy is not correct

Review of Discrepancies

• Income Discrepancies are NOT reviewed as part of the Master File

• HUD requires that Discrepancies are reviewed at

• Annual Certification

• Interim Certification

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GENERAL COMPLIANCE

Question # 3

• If company changes their costs for cleaning apartments/carpets are we required to have these charges approved by HUD?

• If approved, do we notify tenants prior to putting in effect?

Answer # 3

• You can only charge for damages if there is more than normal wear and tear.

• If you want to charge a carpet cleaning fee as a standard fee then you would have to get the charge approved by HUD or the CA.

Refer to HH 4350.3 R1, C3, Paragraph 6-25

• Residents must be notified of the new charge

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Question # 4

• I have to applicants that are on existing subsidies one is HUD Voucher and the other is Section 202 (PRAC)

• Do I need to coordinate the stopping and starting of their subsidy when moving them into our property?

• What if the landlord does not want to stop subsidy for three weeks? Do we take on the vacancy?

Answer # 4

• You should attempt to coordinate the move-out and move-in dates to avoid dual subsidy

• You should make it clear to the applicant that the household does not qualify for subsidy if anyone is still receiving subsidy somewhere else.

Answer # 4 Continued• The owner/agent of the other property must stop subsidy

when the resident moves out • See Chapter 4 page 4-5 of the current MAT Guide.

• You should always have some sort of verification of the Move out when an applicant is currently receiving HUD assistance

• If the OA refuses to comply, the resident can call HUD or the CA

• Never deny a resident subsidy because of non-compliance by another owner/agent

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Additional Notes

• If State Law Allows

• OAs may charge for market rent• Through the notice period

• Until the earlier of• The Lease End Date

• The Unit is Re-rented

• This should be reviewed by an attorney familiar with your local tenant/landlord laws

Question # 5• It has come to our attention that an existing tenant

household at a Section 8 property could add either extended relation (niece/nephew/cousin) or non-related members to his household that are over 18 and full-time students and still receive $480 deduction for each and only count $480 of each member's income, since none would be considered Co-Tenant.

• These students are technically not the household's dependents. There appears to be a gap in the regulations; are we missing something, or can we extend HUD's student rule to adding a household member?

Answer # 5• There is no regulation that allows us to require that members of

a household are related by blood, marriage or other legal arrangement (adoption, etc.).

• If an existing household wishes to add a new member, they notify you BEFORE the new member moves in.

• You are required to determine the eligibility of the new member and you must re-calculate the rent.

• This means that you establish eligibility, verify all income and screen the new member in accordance with the current tenant selection plan

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Answer # 5 Continued• Special Rules Apply to 202/8 and 202 PRAC properties• See HH 4350.3 R1, C3, Paragraph 7-4

D. When a change in family composition is reported in **Section 202/8 projects, adult children are eligible to move in after initial occupancy only if they are essential for the care or well-being of the elderly tenant(s). They are considered a part of the family and their income must be counted. Owners should require adult children to sign a release form relinquishing any future rights to the unit as a remaining member of the tenant family, as they qualify for occupancy only as long as the individual needing the supportive services is in occupancy.**

E. When a change in family composition is reported in **Section 202 PRAC and Section 811 projects**, occupancy by adult children is subject to the following restriction. Adult children are not eligible to move into a unit after initial occupancy unless they are performing the functions of a live-in aide and are classified as a live-in aide for eligibility purposes. **See paragraph 3-6 E.3 for eligibility requirements for a live-in aide.**

Answer # 5 ContinuedIf an applicant or resident is a student, the following criteria must be met in order for that household to be considered eligible. A student who is otherwise eligible and meets screening requirements is eligible for assistance if the student:

1) Is residing with his/her parents/guardians receiving Section 8 assistance or2) Is 24 years of age or older or3) Is a veteran or4) Is married or5) Has a dependent child or6) Is disabled and was receiving Section 8 assistance as of November 30, 2005 or7) Has parents who, individually or jointly, are eligible, to receive assistance under Section 8 of the United States Housing Act of 1937 (parent meets the low-income limit where the parent lives)8) Is living independent of his/her parents/guardiansa) The individual must be of legal contract age under state law andb) The individual must not be claimed as a dependent by parents or legal guardians pursuant to IRS regulations andc) The individual must have established a household separate from parents or legal guardians for at least one year prior to application for occupancy or The individual meets the U. S. Department of Education’s definition of an independent student (i) Be at least 24 years old by December 31 of the award year for which aid is sought or(ii) Be an orphan or a ward of the court through the age of 18 or(iii) Be a veteran of the U.S. Armed Forces or(iv) Have legal dependents other than a spouse (for example, dependent children or an elderly dependent parent) or(v) Be a graduate or professional student or(vi) Be married

For purposes of determining the eligibility of a person to receive assistance under Section 8 of the United States Housing Act of 1937, any financial assistance (in excess of amounts received for tuition) that an individual receives under the Higher Education Act of 1965 from private sources or an institution of higher education (as defined under the Higher Education Act of 1965) shall be considered income to that individual, except for:

1) A person 24 years of age or older with dependent children as defined by HUD or 2) A person living with his/her parents

Answer # 5 Continued• If the household states that the adult student is an “other adult”

then the full-time student is considered a dependent and dependent allowances apply. You must verify full-time student status.

• If the student is a full-time student, the household receives a $480 deduction. Earned income in excess of $480 is not counted. That makes the income and deduction equal.

• Unearned income count, including educational financial aid in excess of tuition.

• If the new household member is not eligible or does not meet the screening requirements, you cannot approve the addition to the household.

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Dependents – IRS vs HUD

• See HH 4350.3 R1, C3, Paragraph 5-1

B. Although the definitions of annual and adjusted income used for the programs covered in this

handbook have some similarities with rules used by the U.S. Internal Revenue Service (IRS), the tax rules

are different from the HUD program rules.

Question # 6

• I have a tenant that wanted to know if she got the proper paper work and the license is she permitted to have a small daycare out of her two bedroom apartment.

Answer # 6

• That’s up to you. You get to establish rules about someone operating a business in their unit.

• See HH 4350.3 R1, C3, Paragraph 6-9.

• Your rules about businesses should be outlined in your House Rules.

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Question # 7

• Are we allowed to charge a tenant for Bed Bugs, if they brought them in the apartment?

Answer # 7

• Unless prohibited by state law, Yes. They fall under damages.

• See HUD HSG Notice 12-05 Guidelines on Addressing Infestations in HUD-insured and Assisted Multifamily Housing

• For additional information about bed bugs and the state of NY, visit this web site:

www.nyc.gov/html/doh/bedbugs/html/info/owners_tenants.shtml

Question # 8• My situation is the Head of Household will be on active Military

Duty. She and her daughter (4 years old) are the only occupants of the unit. The daughter may be moving in with Grandma for the duration leaving the unit empty.

• The tenant and I discussed moving her parents into the unit. I asked for an application so I could qualify them. It’s been two weeks with no return of the application – I spoke with the tenant on the phone urging her to get the application back to me quickly.

• If we don’t move the parents in, do I keep that empty apartment available while she is on duty as long as the rent is paid? That is the way I’m reading the guidelines.

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Answer # 8• If you look at HH 4350.3 R1, C3, P 5-6, HUD gives you lots of options. Just choose one and

apply it consistently.•

C. *Deployment of Military Personnel to Active DutyOwners are encouraged to be as lenient as responsibly possible to support affected households in situation where persons are called to active duty in the Armed Forces. Specific actions that owners should undertake to support military households include, but are not limited to:*

1. *Allow a guardian to move into the assisted unit on a temporary basis to provide care for any dependents the military person leaves in the unit. Income of the guardian temporarily living in the unit for this purpose is not counted as income.

2. Allow a tenant living in an assisted unit to provide care for any dependents of persons called to active duty in the Armed Forces on a temporary basis, as long as the head and/or co-head of household continues to serve in active duty. Income of the child (e.g., SSI benefits, military benefits) is not counted as income of the person providing the care.

3. Exclude from annual income special pay received by a household member serving in the Armed Services who is exposed to hostile fire (see Exhibit 5-1).

4. Give consideration for any case involving delayed payment of tenant rent. Determine whether it is appropriate to accept a late payment.

5. Allow the assistance payment and the lease to remain in effect for a reasonable period of time (depending on the length of deployment) beyond that required by the Soldiers’ and Sailors’ Civil Relief Act of 1940, 50 U.S.C. §§ 501-591, even though the adult members of the military family are temporarily absent from the assisted unit.*

Question # 9

• Does a Section 8 tenant file have to include the Right to a Pet Addendum to Lease if the tenant does not own a pet?

Answer # 9

• If it is Section 8 elderly, yes.

• If it is Section 8 family, you should not be providing the Right to Addendum.

• See the Lease Questions and Answers Document Question 19 which talks about a required lease addendum

• This alters instruction provided in HH 4350.3 R1, C3, P6-4-C-4

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Question # 10• Section 202/8 property.

• One of our residents wanted her daughter to live with her.

• We added her to the lease.

• She has much more income than her mother.

• What I would like to know is do we raise the security deposit to what is now on the 50059.

• With her mother alone, it is $153.00; with the daughter added, it is $712.00.

Answer # 10• An adult child is only allowed to move in to a 202/8 if you

have verified that the daughter is essential to the care and well-being of the resident. See HH 4350.3 R1, C3, Paragraph 7-4.

• The daughter’s income counts and the daughter has no rights to the unit if the mother leaves.

• The security deposit is calculated at MI and does not change.

• See HH 4350.3 R1, C3, P 6-15-D

Question # 11• Resident is moving out

• They owe EIV repayments of $712 and damages to the property of $315.

• They do have an existing repayment plan of $50 per month and have kept current on their repayment plan through the move out date.

• Can I use the $300 Security Deposit to pay the damages that are owed to the property by the tenant? Does the SD have to go back to HUD?

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Answer # 11

• You should use the security deposit to pay your costs first.

• So, any damages or unpaid rent should be paid using the security deposit.

• When you create the deposit disposition, include the outstanding repayment amount in the amount the resident still owes.

Question # 12

• If you have a Section 8 62 plus age limit in senior housing building where the age limit is 55 plus for 80% of the building vs. section 8 elderly, handicapped, or disabled, I have some questions for you:

• (1) Can a senior person have someone younger live with them?

• (2) Can you tell me where in the HUD handbook this rule is explained?

Answer # 12• The requirement is usually for the head, co-head or

spouse to be eligible. See HH 4350.3 R1, C3, Paragraph 3-17 Figure 3-6

• As long as the head, co-head or spouse is eligible, anyone can live with them. Restrictions apply to adult children/grandchildren when the unit is under a 202/8 or 202 PRAC contract. See HH 4350.3 R1, C3, Paragraph 7-4 D and E.

• You cannot exclude children. See HH 4350.3 R1, C3, Paragraph 3-23-D-3 “Owners may not exclude otherwise eligible elderly families with children from elderly properties or elderly/disabled properties covered by this handbook”

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Answer # 12 Continued• If the head, co-head or spouse is elderly, then the family

qualifies for the elderly deduction and the medical expense deduction. The medical expense deduction includes out-of-pocket medical expenses for all household members except live-in aides even if the household member is not elderly.

• If the other household member is a minor, the household qualifies for the $480 dependent deduction.

• If the other household member is not the head, co-head or spouse and is a full-time student, the member qualifies for the $480 dependent deduction and earned income in excess of $480 is excluded.

• See HH 4350.3 R1, C3, Paragraph 5-10.

MEDICAL EXPENSES

Question # 13

• Medical expenses for a PRAC 202

• If we verified that a person is expected to pay so much for medical expenses in the following year and at next recert, resident does not pay that amount or the amount actually paid was much less than what was projected, how do we handle the difference? (in some cases they never paid anything that was allowed for future expenses per medical verification from doctor)?

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5-25-c-3

• When assistance is provided through Section 8, PAC, PRAC, RAP, or Rent Supplement, owners must recalculate rent if a tenant reports a change in income, allowances, or family composition.

• Refer to Chapter 7, Section 2 for information on interim re-certifications of income.

Answer # 13

• Projections are just that – projections.

• In the Handbook Q&A, (See Question 87) HUD specifically says to include any expenses a person might incur so you have to include anything that is verified.

• HUD has no requirement for a resident to report if the person never starting taking anticipated medical expenses, therefore, owner/agents generally do not take any action

Question # 14

• Husband and wife live in a unit on an elderly property, one of them dies leaving behind medical bills, both unpaid and one-time non-recurring. The household is now going through an annual recertification (the first since the death). Can any of the medical expenses of the deceased person be counted?

• Assuming: Non recurring expense within the last year not previously counted.

• Outstanding medical expenses for the deceased person that the spouse is paying on as agreed.

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Answer # 14

• Believe it or not, this is a relatively common question and we have received clarification from HUD HQ.

• Only medical expenses incurred by someone currently living in the unit count toward the medical expense deduction.

• See HH 4350.3 R1, C3, P 5-10-D-6 and note the reference “currently living in the unit”.

LIVE-IN AIDES

Question # 15• I have a resident who is considering getting a live in aid.

• This live in aid would be her daughter.

• To my understanding, we would submit a verification of this to her doctor, have the daughter move in and we are not allowed to count her income.

• To my understanding, this is how it should be handled.

• Her apartment is also a Tax Credit unit, would this change how we handle the paperwork?

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Answer # 15

• Your management company should consult with a fair housing attorney to help set up policies for live-in aides.

• Since you are in a Section 8 property (and not a 202/8), the daughter can be screened as a live-in aide.

• You should have her fill out some kind of application.

• HUD has no pre-approved application.

Answer # 15 Continued• You are also required to screen the live-in aide for criminal

activity based on your criminal screening criteria included in your resident selection plan.

• The live-in aide must pass criminal screening to be approved.

• You are also allowed to run landlord screening

• While live-in aides are not screened for "their ability to pay rent", you can screen to make sure she abides by the lease, did not disturb neighbors and did not damage the property.


• You must verify the need for a live-in aide as well.

• There is no HUD approved verification

• Once the live-in aide is approved, you should have them sign alive-in aide addendum saying• They agree to abide by the

House Rules • They understand they have

no rights to the unit

• All addendums must be approved by HUD or the CA.

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• For HUD programs, income of the live-in aide is excluded.

• I don't know anything about tax credits, but they are supposed to follow HUD's income rules.

Question # 16

• Is a live-in aide to complete a rental application or just the Live-in aide Questionnaire and Live-in Aide Agreement

Is the Live-in Aide Agreement consider to be the Lease Addendum?

Answer # 16• The way live-in aides are processed is up to you.

• As long as you make sure they meet HUD’s definition in paragraph 3-6 of the Handbook and you screen them for criminal activity, everything else is optional.

• Some OAs use agreements and some use addendums.

• HUD recommends addendums which must be approved by HUD or the CA.

• The addendum must state that the live-in aide will abide by house rules and understands that he/she has no rights to the unit as a remaining family member.

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Question # 17

• I have a person who is elderly and disabled living in a 202/8 unit. She wants to add her adult son to her lease as her live-in-aide.

• She says he has a job in the medical field but would be there in the evening to aid her.

• Can he be added as a regular live-in-aide or does he have to be added to her lease as a family member and have his income counted?

Answer # 17• According to HH 4350.3 R1, C3, Paragraph 7-4, the son can be added to the unit

only if you have verification that he is essential to the care and well-being of the resident. See the attached sample verification.

• “When a change in family composition is reported in **Section 202/8 projects, adult children are eligible to move in after initial occupancy only if they are essential for the care or well-being of the elderly tenant(s). They are considered a part of the family and their income must be counted. Owners should require adult children to sign a release form relinquishing any future rights to the unit as a remaining member of the tenant family, as they qualify for occupancy only as long as the individual needing the supportive services is in occupancy.**”

• The son’s income would be counted and the son has no rights to the unit as a remaining household member. The son would complete an application and the son must be screened in accordance with your resident selection plan.

• Also keep in mind that since the HOH, co-HOH or spouse is 62 or older, all out-of-pocket medical expenses for all family members is counted as part of the medical expense deduction.

VERIFICATION

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Question # 18

• When using EIV and the paperwork from Social Security does not match, I will defer to the information from SS.

• My question is "is it necessary to keep the paperwork from the EIV for the auditor?"

Answer # 18

• Yes

• For HUD programs, you must be able to prove that you checked the EIV Income Report to see if there are any “red flags” associated with the Social Security Income.

• If you do not use EIV, you must document the file and explain why.

• Acceptable reasons include:• There was no information in

EIV• The resident disputed the

information in EIV• The EIV information was not

complete• The EIV system was down• There is program layering

(HUD with Tax Credit or RD) and the verification letter is the most restrictive form of verification (See HH 4350.3 Paragraph 1-5)

Question # 19

• If a manager has the Verification Report for a tenant in the file which shows that the tenant is Verified through the SS database for their name, birth date, and SS #, but does not have a copy of the SS card in the file, is the Verification Report sufficient verification for SS #?

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Answer # 19

• If you are using the Income Summary Report, yes, you are correct.

• See the bottom of page 10 of HUD Notice 10-08.

• The statement is true unless you have other program layering like tax credits or 515.

Question # 20• I have a resident who inherited some land.

• She sold it in 1995 for 25,000 she never paid taxes on it and now they are taking 236.66 out of her SSI.

• I computed her AR using her gross income of 710.00 monthly.

• She says that it’s an overpayment and SSI will not send her a letter to verify it.

• Her check and her EIV match. What should I use; the gross of 710.00 or the net of 473.34?

Answer # 20• According to HH 4350.3 R1, C3, P 5-6-J the owner/agent must

use the gross amount of the social security award unless a deduction is made to repay a prior overpayment.

• Withdrawals for unpaid taxes are not considered “return of prior overpayment”. It is an automatic withdrawal to pay an unpaid tax bill.

• A detail award/benefit letter must be provided to any recipient who requests one. So, the resident should get on the phone with SSA, go to SSA.gov or complete SSA Form 7004 to obtain a detailed copy of the letter explaining the deduction.

• The owner/agent may not reduce the gross award without verification that the reduction is for prior overpayment.

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Question # 21• Last year I remember that as long as our company was consistent we

could either use the amount on SS award letters or in EIV until April. Come April the increase was in EIV and we were to use EIV.

• This year we have noticed that in running income reports for residents in EIV that the increase is not showing until June 2013 AR's.

• For example - in January 2013 when we ran income reports for May 2013 the new income amounts for SS were not in there. This month when we ran income reports for June 2013 the new income limits were in EIV. We normally run the reports about 120 days ahead because we send 120 day notices and interview very soon after.

• Do you have any suggestions on what to do? Are we allowed to go back in EIV and rerun the income reports for April and May?

Answer # 21

• You are allowed to manually calculate the increase for residents’ whose increase is not in the system. Or, you can accept a new benefit/award letter that is not more than 120 days old when you receive it.

• You must include the increase for all ARs effective May 1 or later.

Question # 22

• I'm working on a recertification and the resident brought info for a pre-need burial trust.

• Its a plan that she pays monthly for her burial expenses. However it makes income from interest. Is this something that we count on her recert?

• I don't believe she has access to this money.

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Answer # 22

• You have to find out if she can cash out the burial trust or if she has access to the interest income.

• If the answer is no, then don’t count it.

• The pre-need burial trust is a purchase and not an asset disposed.

FAIR HOUSING

Question # 23• We have been discussing our application

intake/processing procedures and have a question. • It is our practice to require applicants we are

processing for a move-in to provide us with their photo ID. Their photo ID copy remains in the resident file.

• We have heard others say that HUD may interpret this as "racial coding" due to the fact that someone reviewing the file shouldn't be able to determine what protected class the person belongs to and placing the photo ID in the file will allow the reviewer to see the person's race, gender, etc.

• Is it better practice to only handwrite the necessary information from the photo ID and not keep a copy in the file?

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Answer # 23• There is nothing wrong with asking for a government issued photo ID to establish

the identity of an applicant. HUD does not frown on the practice. When you look at HUD's fair housing web site, they discourage practices that could be discriminatory. Let me give you a couple of examples:

• Asking for a driver's license (instead of saying a government issued photo ID) -this could exclude the elderly and/or disabled who might not have a driver's license Asking for a driver's license from men only - if you're going to require photo ID, then everyone should be required to provide the required documentation

• There is a certain risk involved in copying an ID and keeping it in the applicant file. It can be interpreted as a way to "profile" applicants. It's rare to see a case like that, though.

• If you want to be SUPER conservative, you could be like a hotel and ask for ID any time you are working with an applicant. So, every time they come in they would have to provide appropriate ID before you open the file.

•

• That way, you would not need to copy the ID.

Question # 24

• If children are found living with a grandparent on a 202 property, does the grandparent have to have been to court to have obtained legal custody of the grandchild that is living with them?

Answer # 24

• Under federal law, there does not have to be a legal arrangements.

• Some local laws require legal arrangements, but it is rare.

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Question # 25• We have always operated the lot on a "first come first serve"

basis - no reserved spaces• I have a tenant who asked for a reasonable accommodation for

a reserved space.• How do I made a determination as to whether or not this tenant

meets the standard for a mobility impairment which justifies a reserved space?

• Assuming that this tenant meets the standard and we reserve a space - how do we decided what space to reserve?

• We have spaces that are fully accessible for a handicap van, but she does not have a handicap van. We have spaces reserved for handicapped that are not fully van accessible.

• Assuming that we get a flood of additional requests from tenants seeking the same reasonable accommodation - do we have to provide each and every tenant with a reserved space?

• How do we decide who gets what space? • Can we put a limit on the number of reserved spaces and then

establish a waiting list?

Answer # 25• Whoa, whoa, whoa.

• What makes you think the resident has to have a mobility disability to qualify for a reserved space? Cardio pulmonary issues, balance issues, etc. would also describe conditions that would deem someone eligible for an accommodation that provides a parking space closer to an entry.

• Also, if the resident asking for

1 - a reserved space or2 - a reserved accessible space or3 - a reserved van accessible space

• There is a difference and it is up to the resident or the resident's advocate to clarify what they are looking for.

Answer # 25 Continued• When reviewing the HUD/DOJ joint statement, the clarifications

indicate that the resident is qualified for a reasonable accommodation or modification only if the resident is disabled.

• If the disability is obvious or previously known, the owner/agent does not verify disability.

• If the disability is not obvious or known, then disability must be verified.

• You cannot, however, ask about the nature or severity of someone's disability. For example, you cannot say, "does the person have a mobility disability?"

3/6/2013



• The second thing you have to determine is if the accommodation directly affects or helps reduce one or more symptoms or side effects of a disability.

• For example, if the person does not have a ramp, scooter or accessible van, it would not be obvious that he/she needs a van accessible space.

• Therefore, you would verify the need for a reserved van accessible space.

Answer # 25 Continued• There are very clear requirements for accessible spaces so

you need to know if your resident needs an accessible space.

• Or rather, does the resident need a space close to an entry?

• If the resident does not need an accessible space, but rather, needs a reserved space close to an entry, then you should not use up an accessible space, but rather provide a reserved space. Just mark the space as "Reserved - Unauthorized Vehicles Will Be Towed".

• Do not put a unit number or a name on the reserved space.

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LEADING AGE NEW YORK QandA... · 2013-03-13 · LEADING AGE NEW YORK HUD Questions & Answers Session 2013 SECURE SYSTEMS EIV & TRACS ... • You review the numbers in EIV focusing