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3 - PUBLIC HEARING ANNUAL ACTION PLAN
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03/15/2016
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3 - PUBLIC HEARING ANNUAL ACTION PLAN
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Administrative Plan 4/1/16 Page 9-9 <br />SAHA Policy <br />SAHA will not review the owner’s lease for compliance with state/local law and will <br />refer the family to the Orange County Fair Housing Council or Public Law Center if they <br />express any concerns. <br /> <br />9-I.F. TENANCY APPROVAL [24 CFR 982.305] <br />After receiving the family's Request for Tenancy Approval, with proposed dwelling lease, <br />SAHA must promptly notify the family and owner whether the assisted tenancy is approved. <br />Prior to approving the assisted tenancy and execution of a HAP contract, SAHA must ensure that <br />all required actions and determinations, discussed in Part I of this chapter have been completed. <br />These actions include ensuring that the unit is eligible; the unit has been inspected by SAHA and <br />meets the Housing Quality Standards (HQS); the lease offered by the owner is approvable and <br />includes the required Tenancy Addendum; the rent to be charged by the owner for the unit must <br />is reasonable; where the family is initially leasing a unit and the gross rent of the unit exceeds the <br />applicable payment standard for the family, the share of rent to be paid by the family does not <br />exceed 40 percent of the family’s monthly adjusted income [24 CFR 982.305(a)]; the owner is an <br />eligible owner, not disapproved by SAHA, with no conflicts of interest [24 CFR 982.306]; the <br />family and the owner have executed the lease, including the Tenancy Addendum, and the lead- <br />based paint disclosure information [24 CFR 982.305(b)]. <br />SAHA Policy <br />SAHA will complete its determination within 14 days of receiving all required <br />information. <br />If the terms of the RTA/proposed lease are changed for any reason, including but not <br />limited to negotiation with SAHA, SAHA will obtain corrected copies of the RTA and <br />proposed lease, signed by the family and the owner. Corrections to the RTA/proposed <br />lease will only be accepted as hard copies, in-person, by mail, or by fax. SAHA will not <br />accept corrections over the phone. <br />If SAHA determines that the tenancy cannot be approved for any reason, the owner and <br />the family will be notified by telephone or in writing and given the opportunity to address <br />any reasons for disapproval. SAHA will instruct the owner and family of the steps that <br />are necessary to approve the tenancy. Where the tenancy is not approvable because the <br />unit is not approvable, the family must continue to search for eligible housing within the <br />timeframe of the issued voucher. <br />If the tenancy is not approvable due to rent affordability (including rent burden and rent <br />reasonableness), SAHA will attempt to negotiate the rent with the owner. If a new, <br />approvable rent is negotiated, the tenancy will be approved. If the owner is not willing to <br />negotiate an approvable rent, the family must continue to search for eligible housing <br />within the timeframe of the issued voucher. <br /> <br />3-241
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