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3 - PUBLIC HEARING ANNUAL ACTION PLAN
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3 - PUBLIC HEARING ANNUAL ACTION PLAN
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Administrative Plan 4/1/16 Page 8-3 <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 />SAHA Policy <br />Any owner that intends to negotiate a restoration agreement or require an escrow account <br />must submit the agreement(s) to SAHA for review. <br /> <br />8-I.B. ADDITIONAL LOCAL REQUIREMENTS <br />SAHA may impose variations to the HQS as long as the additional criteria are not likely to <br />adversely affect the health or safety of participant families or severely restrict housing choices <br />for families. HUD approval is required for variations to the HQS. HUD approval is not required <br />if the variations are clarifications of HUD's acceptability criteria or performance standards <br />[24 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 may be done by <br />establishing a temperature that the heating system must be capable of maintaining, that is <br />appropriate for the local climate. <br />SAHA Policy <br />The heating system must be capable of maintaining an interior temperature of 65 degrees <br />Fahrenheit between October 1 and May 1. <br />Clarifications of HUD Requirements <br />SAHA Policy <br />As permitted by HUD, SAHA has adopted the following specific requirements that <br />elaborate on HUD standards. <br /> <br />3-213
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