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04 040113 HA ADMINPLAN EX 2
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04 040113 HA ADMINPLAN EX 2
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3/28/2013 10:01:24 AM
Creation date
3/28/2013 9:36:46 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Date
4/1/2013
Destruction Year
2018
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Tenant Preference Items <br />HUD requires SARA to enforce minimum HQS but also requires that certain judgments about <br />acceptability be left to the family. For example, SARA must ensure that the unit contains the <br />required sanitary facilities, but the family decides whether the cosmetic condition of the facilities <br />is acceptable. Attachment 8-2 summarizes those items that are considered tenant preferences. <br />Modifications to Provide Accessibility <br />Under the Fair Housing Act of 1988 an owner must not refuse the request of a family that <br />contains a person with a disability to make necessary and reasonable modifications to the unit. <br />Such modifications are at the family's expense. The owner may require restoration of the unit to <br />its original condition if the modification would interfere with the owner or next occupant's full <br />enjoyment of the premises. The owner may not increase a customarily required security deposit. <br />However, the landlord may negotiate a restoration agreement that requires the family to restore <br />the unit and, if necessary to ensure the likelihood of restoration, may require the tenant to pay a <br />reasonable amount into an interest bearing escrow account over a reasonable period of time. The <br />interest in any such account accrues to the benefit of the tenant. The owner may also require <br />reasonable assurances that the quality of the work will be acceptable and that any required <br />building permits will be obtained. [24 CFR 100.203; Notice 2003 -31 ] . <br />Modifications to units to provide access for a person with a disability must meet all applicable <br />HQS requirements and conform to the design, construction, or alteration of facilities contained in <br />the UFAS and the ADA Accessibility Guidelines (ADAAG) [28 CFR 35.151(c) and Notice <br />2003-31] See Chapter 2 of this plan for additional information on reasonable accommodations <br />for persons with disabilities. <br />Any owner that intends to negotiate a restoration agreement or require an escrow account must <br />submit the agreement(s) to SARA for review. <br />B.I.B. ADDITIONAL LOCAL REQUIREMENTS <br />SARA may impose additional quality standards as long as the additional criteria are not likely to <br />adversely affect the health or safety of participant families or severely restrict housing choice. <br />HUD approval is required if more stringent standards are imposed. HUD approval is not required <br />if SARA additions are clarifications of HUD's acceptability criteria or performance standards [24 <br />CFR 982.401(a)(4)] . <br />Thermal Environment [HCV GB p.10-7] <br />SAHA must define a "healthy living environment" for the local climate. This maybe done by <br />establishing a temperature that the heating system must be capable of maintaining that is <br />appropriate for the local climate. <br />The heating system must be capable of maintaining an interior temperature of 65 degrees <br />Fahrenheit between October 1 and May 1. <br />~~02~12 Page 8-3 <br />
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