Needles City Council
April 14, 2026

(ACT) ACTION NEEDED
(INF) INFORMATION ONLY
(DIS) DISCRETIONARY
AGENDA

REGULAR MEETING OF THE CITY COUNCIL

NEEDLES PUBLIC UTILITY AUTHORITY

HOUSING AUTHORITY CITY OF NEEDLES

CITY OF NEEDLES, CALIFORNIA
COUNCIL CHAMBERS, 1111 BAILEY AVENUE.

TUESDAY, APRIL 14, 2026
COUNCIL EXECUTIVE SESSION – 5:00 PM
CITY COUNCIL MEETING – 6:00 PM

THE PUBLIC MAY ATTEND VIA TEAMS AND MAY SUBMIT ANY COMMENTS IN WRITING PRIOR TO NOON ON THE DAY OF THE MEETING BY EMAILING [email protected] TO JOIN THE LIVE TEAMS MEETING: log into the City of Needles website at www.cityofneedles.com to access the agenda and Click here to join the meeting If asked, enter the following: Meeting ID: 202 746 159# OR listen in and participate by calling Teams: 1-323-488-2227 - Meeting ID: 202 746 159# The meetings are being recorded.

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS PERTAINING TO THE EXECUTIVE SESSION ITEMS A three-minute time limit per person has been established.

RECESS TO EXECUTIVE SESSION

EXECUTIVE SESSION
a. Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) Number of Cases: 2 b. Conference with Labor Negotiator Pursuant to Government Code Section 54957.6 Agency Negotiator: Patrick Martinez, City Manager; Unrepresented Employee: Treasurer c. Conference with legal counsel regarding existing litigation pursuant to Government Code 54956.9(d)(1) City of Needles v. Brown, Superior Court of the County of San Bernardino, Case No. CIVMB2200074

CALL TO ORDER

ROLL CALL
EXECUTIVE SESSION REPORT - by City Attorney

PLEDGE OF ALLEGIANCE

INVOCATION

APPROVAL OF AGENDA

CONFLICT OF INTEREST

CORRESPONDENCE

INTRODUCTIONS
CITY ATTORNEY – Parliamentary Procedures
As a courtesy to those in attendance, we would ask that cell phones be turned off or set in their silent mode. Thank you
PUBLIC APPEARANCE - Persons wishing to address the NPUA / City Council on subjects other than those scheduled are requested to do so at this time. When called by the Mayor, please announce your name and address for the record. In order to conduct a timely meeting, a three-minute time limit per person has been established by Municipal Code Section 2-18. Amendments to the California Government Code Section 54950 prohibits the City Council from taking action on a specific item until it appears on the agenda.

PRESENTATION
(A ten-minute time limit per presentation has been established per Municipal Code Section 2-18.)

1. Mayor Jernigan will present a Certificate of Appreciation to the Rodeo Association

2. Mayor Jernigan will present a Proclamation declaring April 2026 Child Abuse Prevention Month

3. Presentation by Kathy Raasch, Development Services Director/Capital Projects: Completed Water Projects (Past Five Years)

PUBLIC HEARING

4. Adopt Resolution 2026-13-HACN recommending that the Housing Authority of the City of Needles (HACN) Board of Commissioners approve and adopt the Annual Agency Plan 2026– 2027, including Housing Opportunity through Modernization Act of 2016 (HOTMA) updates to the Administrative Plan, Admissions and Continued Occupancy Plan (ACOP), and Public Housing Lease Agreement. (ACT)
 Staff Report
 Council questions of staff
 Mayor to open the public hearing
 Public Comment
 Mayor to close the public hearing
 Council Discussion / Deliberation

NPUA / COUNCIL CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and will be enacted by one motion in the form listed. The Mayor or any member of the NPUA / City Council may pull an item from the Consent Calendar for discussion. Prior to NPUA / Council action, a member of the public may address the NPUA / City Council on matters scheduled on the Consent Calendar. A three-minute time limit per person applies. RECOMMENDED ACTION: Approve Items 5 through 6 on the Consent Calendar by affirmative roll call vote (ACT)

5. Authorize a FY26 Increase in Electrical Engineering Fees to Brooks Consulting, not to exceed $20,000, utilizing the adopted FY26 Electric Budget

6. Authorize the City Manager to Execute a Professional Services Agreement with SMH Electrical Construction to Complete XIO SCADA Installation at the L Street Booster Station and Well No. 15, in an Amount Not to Exceed $43,533, Utilizing the Water Asset Replacement Fund

END OF NPUA CONSENT CALENDAR
COUNCIL CONSENT CALENDAR All matters listed on the Consent Calendar are considered to be routine and will be enacted by one motion in the form listed. The Mayor or any member of the City Council may pull an item from the Consent Calendar for discussion. Prior to Council action, a member of the public may address the City Council on matters scheduled on the Consent Calendar. A three-minute time limit per person applies. RECOMMENDED ACTION: Approve Items 7 through 8 on the Consent Calendar by affirmative roll call vote. (ACT)

7. Approve the Warrants Register through April 14, 2026

8. Approve the Minutes of March 24, 2026

END OF COUNCIL CONSENT CALENDAR

REGULAR COUNCIL ITEMS

9. Adopt Resolutions 2026-11, 04-14-26-NPUA, and 2026-14-HACN.approving the Proposed Revised Budgets for fiscal year ending 06/30/26. (ACT)

10. Accept and Adjust the Adopted FY26 Budget for the Q4 2025 T-Mobile Hometown Grant Program Award in the amount of $50,000. (ACT)

11. Authorize the City Manager to execute the Restricted Grant Agreement (RG) and Adjust the Adopted FY26 Budget for the Clean California Community Cleanup & Employment Pathway (CCEP) Grant Program award in the amount of $169,355 (ACT)

12. Adopt City Council Resolution No. 2026-5 Approving the Ostby Economic Development Program Application for a New Residence Located at 3632 Riverview Terrace (APN 0660-151- 40-0000) and Authorizing Payment of $15,361.13 to Pam Ostby. (ACT)

13. Authorize the City to co-sponsor the Route 66 Centennial Car Show on November 14, 2026, in partnership with the River Cruizers Car Club, including approximately $500 in in-kind staff support and event services. (ACT)

14. Provide direction to staff regarding proposed parking modifications on F Street and Front Street, including 2-hour parking and no parking designations (DIS)

15. Council to provide staff guidance on a possible Ordinance XXX-AC, Amending Chapter 13, Article IV, Entitled “Use of Certain Streets by Commercial Vehicles Prohibited”, in the Needles Municipal Code (DIS)

16. Agreement with Urban Futures, Inc. for General Obligation Bond Financial Advisory Services (NTE $25,000) (ACT)

CITY ATTORNEY REPORT

CITY CLERK REPORT

CITY MANAGER REPORT
City Manager's Report for the weeks of

COUNCIL REQUESTS
Council Member Ford
Council Member McCorkle
Vice Mayor Campbell
Council Member Pogue
Council Member Belt
Council Member Longbrake
Mayor Jernigan

ADJOURNMENT

INTERNET ACCESS TO CITY COUNCIL AGENDAS AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT: http://www.cityofneedles.com Posted: April 10, 2026
SB 343-DOCUMENTS RELATED TO OPEN SESSION AGENDAS -- Any public record relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office, 817 Third Street, Needles, CA 92363.

In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (760) 326-2113 ext 133. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-104 ADA Title II).

I hereby certify, under penalty of perjury under the laws of the State of California that the foregoing Agenda was posted at the front entrance of City Hall not less than 72 hours prior to the meeting.

Dated this 10th day of April 2026
/s/        Candace Clark, CPMC, CMC, City Clerk
City of Needles, California
Request for City Council Action
CITY COUNCIL HACN Regular Special
Meeting Date: April 14, 2026
Title: Housing Commission Resolution No. 2026-13-HACN of the City Council Recommending that the City of Needles City Council Approve and Adopt the Annual Agency Plan FY 2026-2027, Housing Opportunity through Modernization Act of 2016 (HOTMA) updates to the Administrative Plan and Admissions and Continued Occupancy Plan (ACOP), as well as Public Housing Lease Agreement for the Housing Authority of the City of Needles (HACN) Background: The Housing Authority of the City of Needles (HACN) is required to submit an Annual Agency Plan to the U.S. Department of Housing and Urban Development (HUD) by April 17, 2026.

This plan, submitted on HUD Form 50075-ST, outlines HACN’s mission, goals, and strategic priorities for serving low-income, very low-income, and extremely low-income families.

The development of this plan has been conducted in compliance with federal regulations (24 CFR Part 903) and includes engagement from the Resident Advisory Board (RAB), public housing residents, and community stakeholders. A RAB meeting was held on February 13, 2026 at 908 Sycamore Drive, where feedback and recommendations were received and incorporated into the draft plan.

A public hearing was held March 25, 2026, at 4:00 PM during the regularly scheduled Housing Commission meeting at the City Council Chambers, 1111 Bailey Ave, Needles, Ca. A second hearing was noticed and is scheduled before the City Council on April 14, 2026, at 6:00 PM, contingent on City Council recommendation. The final plan will then be submitted to HUD by the statutory deadline of April 17, 2026 Fiscal Impact: Funding anticipated through HUD Capital Fund Program (CFP) grants. HACN will also seek additional state and federal housing grants to supplement future work.

Environmental Impact: No adverse environmental impacts are expected. Work will comply with HUD environmental review and NEPA guidelines.

Public Engagement and Legal Notice:

The public has been notified per federal requirements:
• Legal notices were published on January 14, 2026
• RAB meeting held on February 13, 2026
• Public hearings scheduled on March 25, 2026 (Housing Commission) and April 14, 2026 (City Council) Attached Exhibits:

Exhibit A: Annual Agency Plan FY 2026-2027
Exhibit B: Administrative Plan
Exhibit C: Admissions and Continued Occupancy Plan (ACOP) Exhibit D: Public Housing Lease Agreement
Recommendation: Adopt Resolution 2026-13-HACN recommending that the Housing Authority of the City of Needles (HACN) Board of Commissioners approve and adopt the Annual Agency Plan FY 2026–2027, including Housing Opportunity through Modernization Act of 2016 (HOTMA) updates to the Administrative Plan, Admissions and Continued Occupancy Plan (ACOP), and Public Housing Lease Agreement.

Submitted By: Angelica Deermer, HACN Housing Manager
Patrick Martinez, City Manager
City Manager Approval: Date:

Other Department Approval (when required): Date:
4/9/2026
Agenda Item 4.

PUBLIC HOUSING LEASE AGREEMENT
SECTION I: DESCRIPTION OF THE PARTIES AND UNIT
This agreement is executed between the Housing Authority of the City of Needles (herein referred to as “HACN” or “HA” and __________________ herein referred to as the “tenant” and becomes effective as of _______________.

This agreement is executed in accordance with HACN’s approved Admissions and Continued Occupancy Policy (herein referred to as “ACOP”).
(A) Unit: HACN, relying on the representations of Tenant as to Tenant’s income, household composition, and need, leases to Tenant (upon Terms and Conditions set forth in Section I of this lease agreement) the dwelling located at 922 Sycamore Drive, Needles, CA 92363 (hereinafter referred to as “Unit” or Residence”) to be occupied exclusively as a private residence by tenant and household. The HACN unit number is 28. (B) Household composition: The tenant’s household is composed of the individuals listed below. All members of the Household over age 18 shall execute the lease.

Name Relationship Name Relationship Name Relationship
Any additional occupants to the Unit must be pre-approved by HACN and set forth by Amendment to this Lease, signed and dated by both parties. All non- approved persons are considered unauthorized occupants and may be subject to Lease termination. HACN approval of additional occupants shall be based upon such factors as appropriate dwelling size and suitability including without limitation criminal background information and/or any other applicable standards.

Tenant Initials [________] [________] [________] [________] HACN Representative Initials [________] (C) Term: The term of this lease shall be from ____________ to _____________. Unless otherwise modified or terminated in accordance with Section XII, this lease shall automatically be renewed for successive terms of one calendar year, upon completion each annual reexamination.

Housing Authority
Of the
City of Needles
Agenda Item 4.

SECTION II: PAYMENT OF RENT DUE UNDER THE LEASE
(A) Rent Monthly rent is payable on or before the first day of each calendar month and must be paid by Check or Money Order. For security reasons, no cash will be accepted at any time. Payment of rent may be made to Housing Authority of the City of Needles, or HACN, at 908 Sycamore Drive Needles, CA 92363. Rent payments can be made in person at the above address during regular business hours Monday-Thursday between the hours of 9:00am4:00pm, excluding holidays. After hours payments may be deposited to the rent slot in the office door or mail slot located to the right of the office door
(A)1 If rent is not paid in full by the end of business on the 5th day of each calendar month, Tenant shall incur a late fee charge of $25.00. Tenants who fail to pay monthly rent by the 5th of each calendar month are delinquent. Being delinquent in rent payment more than 3 times during a 12-month period shall be a material breach of this lease.
(A)2 HACN shall collect a fee in the amount charged to the HA by the bank anytime a check is not honored for payment. In such cases HACN will no longer accept checks from Tenant for rent payment and tenant will be required by money order each month thereafter.

The initial rent (prorated for partial month), if applicable, shall be $_______, for the period of _____________, to ____________, and is due at the time of execution of this lease.

Thereafter rent shall be $______ beginning __________.

In cases of hardship, a plan to temporarily pay monthly rent in two installments, or to temporarily extend the payment due date may be made with prior written approval of HACN. (B) Security Deposit: At the time that Tenant signs this lease is executed, he/she will also pay to the H.A. a Security Deposit of $200.00. After this dwelling lease is "terminated", the H.A. has the right to apply such amounts from the Security Deposit as are reasonably necessary to remedy any damages suffered or incurred by the H.A. due to any of the following: Tenant's nonpayment of rent, or any Other Charges or Excess or Additional Utilities Charges hereunder; damage to the Unit or the Complex caused by Tenant, Tenant's household members or guests or visitors, and which exceeds normal wear and tear; and the H.A.'s expenses in cleaning the Unit which exceeds normal wear and tear after Tenant vacates the Unit. The Security Deposit may not be used to pay rent or other charges while Tenant occupies the dwelling unit. After Tenant vacates the Unit, the refundable amount (if any) of the Security Deposit will be returned and (unless the entire Security Deposit is returned) a written itemization of costs, charges or expenses or damages incurred, and the disposition of the Security Deposit will be mailed to Tenant's forwarding address upon completion of any repairs or renovations required. If such costs, charges or expenses or damages exceed the amount of the Security Deposit, Tenant will immediately pay the difference and shall remain obligated for such excess charges, expenses or damages after any termination of the Rental Agreement. If tenant vacates the unit and owes a balance for any of the above reasons, he/she will not be eligible for re-admission to this, or any other housing program administered by HACN until all outstanding charges have been paid in full. Tenants must return all keys to HA by close of business on the date they vacate the unit.

Tenant Initials [________] [________] [________] [________] HACN Representative Initials [________] Agenda Item 4.

SECTION III: UTILITIES AND APPLIANCES
(A) The following utility service(s), when applicable, and appliances will be furnished by HACN without additional costs to tenant:

Water
(Basic service charge only)
Sewer Trash Stove Refrigerator
(B) Tenant will pay for the water usage charges, billed to the tenant on a monthly basis. It is the responsibility of the Tenant to obtain services for all other utilities in his/her own name with local utility suppliers within 10 business days of execution of lease. Failure to obtain and maintain utility service is a material breach of this Lease. (C) An allowance for utilities shall be established, appropriate for the size and type of dwelling unit, for utilities Tenant pays directly to the utility supplier. This allowance is revised annually and will be posted at the HA site office and incorporated into this lease by reference.
(C)1 If the Utility Allowance exceeds the Total Tenant Portion, HACN will pay the Tenant a Utility Reimbursement, which will be applied as a credit to the Tenant account monthly.

SECTION IV: OTHER CHARGES
(A) Tenant shall pay the reasonable charges ("Other Charges") for maintenance related repairs beyond normal wear and tear for repair or damage to the Unit or for unauthorized alteration to the Unit or common areas caused by Tenant, other household members or guests. Tenant shall also reimburse HACN for any utility related services incurred while the Tenant is in possession of the Unit (“Utility Charges”). Other Charges shall be billed to Tenant and will specify damaged items, corrective action taken and cost of labor and/or materials to correct damages. The cost of repairs will be based upon the Schedule of Other Charges provided to each Unit and which is posted in the H.A. Site Office and incorporated into this Lease by reference. Other Charges and Utility Charges will be due within 14 business days of receiving an invoice. The failure of Tenant to pay Other Charges and Utility Charges when due will constitute a material breach of the Lease.
(B) The H.A. will accept payment of Other Charges separately or included in payments of rent owed by Tenant. All Other Charges will be considered additional rent and the failure of Tenant to pay Other Charges when due will constitute a breach of the rental agreement.

SECTION V: REDETERMINATION OF RENT
(A) Once a year, or more frequently from time to time as requested by the H.A., Tenant must provide the H.A. with a true and complete written certification of all family income, including anticipated income from all sources, family composition, and any other information deemed pertinent by the H.A., which will be reviewed by the H.A., and used to make determination whether the rent being paid should be changed and/or if Tenant is still eligible for continued occupancy. If family composition changes require a change in unit size, Tenant agrees to transfer to an appropriate size dwelling unit based on family composition. If Tenant refuses or fails to transfer to an appropriate size dwelling unit based on family composition (except for good cause refusal as set forth in the ACOP), such refusal shall be a material breach and H.A. may terminate the Lease.

Each review and redetermination of rent and occupancy (reexamination) will be made in accordance with the ACOP.

The failure of Tenant to provide the aforementioned information and not complete a reexamination when due will constitute a material breach of the Lease.

Agenda Item 4.

(A)1 Reexamination will occur Annually on or about the same date of program admission during Tenant's occupancy. If Tenant or Tenant’s household does not provide HACN the written verification as to all items requested as described above, or execute authorization to release such items, within ten (10) business days of H.A's request, or if Tenant or Tenant's household misrepresents any material fact or omits or fails to state any material fact therein, then Tenant will have materially breached this Lease. (A)2 H.A may begin processing the Annual Reexamination prior to making a determination of whether or not to renew Tenant’s Lease. H.A’s action to begin the Reexamination shall not be deemed a waiver by HACN of its right to either terminate or refuse renewal of a Tenant’s Lease in accordance with Section XII herein.
(A)3 Any rent adjustment required as a result of the Reexamination will be effective thirty (30) days after service of a Notice of Lease Amendment. The Tenant may ask for an explanation stating the specific grounds of H.A.’s determination. The tenant shall have the right to request a hearing under HACN’s grievance procedure if the Tenant does not agree with the determination. (B) INTERIM REEXAMINATIONS
(B)1 The monthly rent described Section II of this Lease as adjusted pursuant to the latest Reexamination described in subparagraph (A) above, will remain constant for the period between Reexaminations, unless during such a period any of the following "Changes in Circumstance" occur:
(B)1.a There is a loss of head of household (Tenant) due to death, abandonment, separation, divorce or other continuing circumstances. In such event the Lease shall terminate, and a new Lease shall be executed by a responsible, residual adult family member deemed legally eligible by the ACOP.
(B)2.b There is a loss of any person(s) other than head of household, whose name is listed in Section II (B) as a household member.
(B)1.c There is an addition of a member of the household who is 18 years of age or older, by marriage, remarriage, cohabitation or otherwise, and the additional member is added to the Lease in accordance with H.A. policy.
(B).1.d Tenant can show a change in his/her family circumstances (such as change in income) or other similar circumstances

A TRUE AND COMPLETE STATEMENT OF ALL CHANGES MUST BE REPORTED TO MANAGEMENT WITHIN 10 BUSINESS DAYS OF THEIR OCCURRENCE.

ANY FAILURE BY TENANT TO DO SO OR ANY MISREPRESENTATION OF ANY SUCH CHANGES WILL BE A MATERIAL BREACH OF THE LEASE.
(B)2 If, upon verification of a Change in Circumstances, HACN determines that Tenant's monthly rent does not conform to regulatory requirements, an adjustment in the monthly rent will be made. Interim adjustments in the monthly rent will be effective as follows:
(B)2.a Any decrease in rent will be effective on the first day of the calendar month following the month in which a Change in Circumstances was reported.

Agenda Item 4.

(B)2.b Any increase in rent will be effective on the first day of the second calendar month following the month in which the Change in Circumstance occurred. (B)2.c No interim increase or decrease in rent will be made until all the information for making the determination has been verified by H.A.
(C) Retroactive Rent and Failure to Disclose Income
The Tenant has an obligation to report if there is an additional source of income for any eligible family member, and/or income or the addition of a family member to the household within 10 business days. Failure to disclose the aforementioned information is a material breach of the Lease. If the Tenant or a member of his/her household misrepresents facts, omits any pertinent information, or fails to inform the H.A. of information it required for an annual reexamination or interim rent adjustment and these failures result in a lower rent than should have been charged, HACN, in its sole discretion, may terminate the Lease for a material breach and/or may make the rent increase retroactive to the date it would have been effective. Any resulting retroactive rent must be paid by the Tenant according to the terms of the Repayment Agreement. In addition to collecting the retroactive rent and/or terminating Lease Agreement, HACN may pursue any additional actions allowable under Federal, State or local law. (D) Notice
The H.A. will mail or deliver a "Lease Amendment Notice" to Tenant at the Unit in accordance with Section XI of this Lease in the event the monthly rent payment is increased or decreased pursuant to this Section V.

Section VI: TENANT’S OBLIGATIONS
Violation of this section may result in termination of this Lease Agreement. Tenant agrees:
(A) To refrain from, and to assure that household members and guests refrain from the following behavior and criminal activity:
(A)1 creating or maintaining a threat to the health and safety of other residents and their guests, HACN’s employees and affiliates, or the public, or engaging in illegal or offensive behavior. (A)2 To refrain from and to assure household members and guests refrain from engaging in drug-related criminal activity on or off the Housing Development premises. (A)3. To refrain from and to assure household members and guests refrain from illegal or other activity which impairs the physical or social environment of the Housing Development Tenant understands and acknowledges that committing any of the acts described in this subparagraph (A) is a material breach of this Lease and that HACN may proceed with termination of the Lease for any such violation on three (3) days’ notice.

Tenant Initials [________] [________] [________] [________] HACN Representative Initials [________] (B) To immediately notify the H.A. of any changes to household circumstances, including but not limited to change of household composition, income, assets, criminal history, and any other changes that may affect eligibility. Tenant must report such changes in writing, within 10 business days of their occurrence. In the event a household member is no longer residing in the unit, Tenant shall continue to be responsible for the actions of said household member until the H.A. has been notified in writing of the change and the household member is removed from the Lease. (C) To promptly report to the H.A., and obtain H.A.'s approval for, the presence of any guest or visitor, not identified in Section I as a member of Tenant's household, when overnight guests will be staying for more than 3 Agenda Item 4.

days. Guest approval is subject to a ‘soft’ background check to ensure the safety of HACN residents. This ‘soft’ check will include screening for sexual offense history. Guest with a history of sex offenses, regardless of registration requirements, may not be approved. Approval will be at the sole discretion of the HA. A guest can remain in the unit no longer than 14 consecutive days or a total of 30 cumulative calendar days during any 12-month period. Former Tenants who have been evicted are not permitted as overnight guests. (C)1 The use of the unit address for any purpose by a non-household member is not permitted (D) To refrain from and to assure household members or guests refrain from interfering with the job responsibilities of authorized vendors, service personnel, HACN personnel or other representatives or affiliates of HACN. (E) To use the Unit solely as a private dwelling for Tenant and Tenant's household members and not to use, or permit use, for any other purpose, except for a home occupation if authorized in writing by the H.A. Authorization for a home occupation shall be in the sole discretion of the H.A. pursuant to the standards set forth in the ACOP.

Tenant may provide reasonable accommodations for Tenant's guests, foster children or live-in caretaker for a member of Tenant's household, except that Tenant must obtain written permission of the H.A. prior to giving accommodations to foster children or live-in caretaker. Tenant is responsible for foster children and/live-in caretakers who shall refrain from drug-related criminal activity and/or violent criminal activity or other activity which impairs the physical or social environment of the Housing Development, or which disturbs other Residents' peaceful enjoyment of their Residence or the Housing Development. (F) To physically occupy the dwelling unit as the Tenant's primary place of Residence. Although a Tenant continues to pay rent and utilities, a Tenant may not be absent from the Unit for longer than 30 consecutive days, or 180 days if the absence is due to verified medical reasons without losing his/her rights to tenancy to the Unit. A Tenant who plans to be or is absent from his/her unit for longer than 30 days must inform the H.A. to avoid lease termination.

Tenant may request in writing to have a longer absence approved. (G) Not to assign any interest in this Lease or to sublet or transfer possession of all or any portion of the Unit. (H) Not to provide accommodations to paid boarders or lodgers. (I) To refrain from and to assure household members and guests refrain from harassing other residents, authorized vendors, service personnel or representatives of the H.A (J) To conduct himself/herself and to assure household members and guests conduct themselves in a manner that will not disturb his/her neighbor’s peaceful enjoyment of their residences and the common areas of the Housing Development, and will be conducive to maintaining the Housing Development in a decent, safe and sanitary condition
(J)1 That upon receiving written notice of a banned individual from the H.A., Tenant and/or household members shall not permit a banned individual on Housing Development premises and/or the Tenant’s Unit.

Tenant Initials [________] [________] [________] [________] HACN Representative Initials [________] (K) To abide by all necessary and reasonable rules and regulations established the benefit and well-being of the Housing Complex in which the Unit is located, and the other tenants, which rules, and regulations will be posted in the H.A.'s site office and are incorporated into this Lease by this reference. Such rules and regulations may be modified from time to time.
(L) To comply with all obligations imposed upon Tenants by applicable provisions of local, state, and federal building and housing codes which materially affect health and safety (L)1 Any Tenant owned Fire Extinguisher are the personal property of the Tenant and is the responsibility of the Tenant. HACN shall not be responsible if it is damaged or if the certification has expired. (M) To observe and to cause Tenant's household and guests to observe the speed limit on the project streets (N) To refrain from and to assure household members and guests refrain from defacing, painting, damaging, destroying or removing any part of the Unit or Housing Development and pay reasonable charges (other than normal Agenda Item 4.

wear and tear) for the repair of damages to the unit, Housing Project buildings, facilities, or common areas, which are caused by Tenant, his/her household members or guests, according to the Schedule of Other Charges referred to in Section IIII(A).
(N)1 Tenant acknowledges, and HACN certifies that the unit is equipped with one or more smoke alarms and one carbon monoxide alarm and that the smoke alarm, and carbon monoxide alarm if applicable, has been tested and are operable at this time. It is the Tenant’s responsibility to test the smoke alarm(s), and carbon monoxide alarm if applicable, at least every six (6) months, contact the Housing Authority immediately upon discovery of dead or weak batteries, and notify the Housing Authority in writing of operating deficiencies. Because a disabled smoke or carbon monoxide alarm represents a very serious threat to the lives of the household and neighbors, Tenant, occupants, and guests may not remove or tamper with functioning smoke and/or carbon monoxide alarm(s), including but not limited to, disabling it by removing working batteries and Housing Authority may charge a fee of $150.00 upon discovery of such conduct and terminate this Agreement.
(O) To refrain from permitting his/her children, children of household members and guests from playing on fences, roofs, trees and shrubbery in the public housing project (P) To make no major repairs, alterations, or additions without the prior written consent of the H.A. which consent the H.A. may withhold in its sole discretion and to make no repairs at the cost of the H.A., as permitted by California Civil Code Section 1942, without first giving the H.A. notice and a reasonable time to commence repairs as provided by California Civil Code Section 1942. Any repairs made by Tenant will be in accordance with California Civil Code Section 1942.
(Q) To keep the Unit, yards, patios, and such other areas as may be assigned to the Tenant for his/her exclusive use, in clean and safe condition, and to promptly notify the H.A. whenever repairs to his/her Unit are required (Q)1To use only in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, airconditioning and other facilities and appurtenances. (Q)2 To dispose of all garbage, rubbish, ashes, and other waste from the dwelling unit in a sanitary and safe manner.
(Q)3 To maintain the Unit in a clean and sanitary manner and immediately notify the HA of the presence of bed bugs, roaches, or similar pest and abide by HACN pest control policies as specified in the Pest Control Lease Addendum.
(R)Not to keep any pets inside or outside the Unit without the prior written authorization of the H.A., in which case the H.A. and Tenant shall sign a Pet Agreement as an Addendum to this Lease. (R)1 Pets not owned by a tenant are not allowed on the premises. (R)2 Any animals on the premises not approved by HACN will be presumed to be stray and will be treated as such. Should an unapproved animal be found to reside in Tenant’s unit, HACN will require immediate removal of the animal and may be considered a material breach of this Lease. (R)3 Tenants are prohibited from feeding or harboring stray animals/birds.

Tenant Initials [________] [________] [________] [________] HACN Representative Initials [________] (S) To park only in areas designated for Tenant's parking and to ensure that guests and visitors do not park in parking areas of other Tenants of the housing complex.
(S)1 To refrain from keeping trailers and non-operating vehicles and/or parts on the premises (S)2 To refrain from and to cause household members and guests to refrain from using project lawns, sidewalks, and parking areas for the washing, servicing or repair of vehicles.

Agenda Item 4.

(T) Not to display on or about the Unit or Housing Complex any advertisement for goods or services without the prior written consent of the H.A., which approval may be withheld at the H.A.'s sole discretion (U) To pay promptly any utility bills for utilities supplied to Tenant by a direct connection to the utility company, and to avoid disconnection of such utilities.
(V) Abide by the following lease addendums and policies hereby incorporated this lease:

Pest Control [___] Mold and Mildew [____] Non-Smoking [____] Community Service [____] Occupancy Rules and Regulations [____] Pet agreement (if applicable) [____] Live-in aid (if applicable) [____] SECTION VII: Housing Authority Obligations
Subject to the obligations of Tenant hereunder, including, without limitation, the obligation to pay rent and to maintain the Unit in clean and sanitary manner, the H.A. agrees:
(A) To maintain the Unit and the complex in a decent, safe, and sanitary condition. (B) To comply with requirements of applicable building and housing codes and U.S. Department of Housing and Urban Development regulations materially affecting health and safety. (C) To make necessary repairs to the Unit.
(D) To keep Housing Development buildings, facilities and common areas not reserved for the exclusive use of the Tenant in a clean and safe condition.
(E) To maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating and other facilities and appliances supplied or required to be supplied by the H.A. (F) To provide and maintain appropriate receptacles and facilities (except containers for the exclusive use of Tenant and his/her household) for the deposit of garbage, rubbish and other waste which must be removed from the Residence by Tenant as provided in subsection 6(I).
(G) To supply running water and reasonable amounts of hot water as required. (H) To publicly post in a conspicuous manner in the H.A. site office, all rules and regulations and schedules incorporated by reference in this Lease, and to furnish copies thereof to Tenant on request, at a reasonable charge per each page.
(I) To offer Tenant a choice to select an income-based rent or a flat rent.

IT IS EXPRESSLY UNDERSTOOD THAT NEITHER THE H.A. NOR ANY OF ITS REPRESENTATIVES

SHALL BE LIABLE FOR DAMAGE OR LOSS FROM THEFT OR FROM ANY OTHER CAUSE WHATSOEVER.

Agenda Item 4.

SECTION VIII: HAZARDOUS DEFECTS
Tenant agrees to take every precaution to prevent fires, to not store gasoline, solvent, paper, cardboard or other flammable or combustible materials or substances in the Unit and to supervise his/her children to ensure that they do not play with incendiary devices, and agrees to promptly notify the H.A. of the existence of any of the foregoing conditions in the Unit, and upon Tenant's knowledge thereof, in the surrounding Units and common areas of the housing complex. In the event the Unit is damaged such that conditions are created which are hazardous to the life, health, or safety of the occupants of the Unit.

Tenant Initials [________] [________] [________] [________] HACN Representative Initials [________] (A) Tenant shall immediately notify the H.A. of the damage (B) The H.A. shall be responsible for repair of the Unit within a reasonable time, provided that if the damage was caused by Tenant, a member(s) of his/her household or Tenant's guest(s), the reasonable cost of the repairs will be charged to Tenant and the H.A. may terminate the rental agreement as provided in Paragraph 11(E). (C) The H.A. will offer standard alternative living accommodations, if available, when necessary repairs cannot be made within a reasonable time; provided, however, that if it is determined that the damage was caused by Tenant, a member(s) of his/her household or Tenant's guest(s) and the H.A. elects to terminate the rental agreement, the H.A. shall not be required to offer alternative accommodations; and (D) Rent will be reduced in proportion to the seriousness of the damage and loss in value of the Unit as a dwelling in the event repairs are not made by the H.A. within a reasonable time or alternative accommodations are not provided when required (except that rent will not be reduced if Tenant rejects the alternative living accommodations or if the damage was caused by Tenant, a member of Tenant's household or a guest). (E) Any insurance or self-insurance maintained by landlord is solely for the benefit of landlord and not for the benefit of tenant.

SECTION IX: INSPECTIONS
(A) Prior to the time the Tenant begins to live in the Unit, and prior to the time Tenant vacates the Unit, a representative of the H.A. and Tenant (or his/her representative) will inspect the Unit, unless Tenant has vacated the Unit without notice to the H.A., in which case the H.A. may perform an inspection without prior notice to Tenant.

Tenant has the right to request an amendment to the inspection statement within seven (7) days after taking possession of the Unit if defects are discovered which existed prior to occupancy and were not noted during the original inspection and which did not occur as a result of any fault of Tenant, a member of his/her household or guest. With respect to the Pre-Termination Inspection: Tenant will be given a statement of the condition of the Unit and the appliances and/or furniture and any other charges to be paid by Tenant pursuant to Section 4. (B) The HACN shall give the Tenant at least 48 hours written notice of inspection SECTION X: ENTRY OF PREMISES DURING TENANCY
Tenant agrees the H.A. is entitled to enter the Unit as follows:

Agenda Item 4.

(A) At any time without advance notification to Tenant when there is reasonable cause to believe that an emergency exists.
(B) Tenant agrees that the duly authorized agent, employee, or contractor of the HACN shall be permitted to enter the Unit during reasonable hours for the purpose of performing routine maintenance, making improvements or repairs, inspecting the unit, or showing the unit for re-leasing. Tenant also agrees that the HACN, or its duly authorized agent, employee, or contractor may take photographs inside the Unit while conducting official HACN business.
(C) Pets must be accompanied by Tenant or responsible person designated by Tenant for performance of repairs or inspections, unless alternative arrangements have been made with HACN. (D) The HA will enter the unit to change the HVAC filter on the 3rd Tuesday of each month, known as ‘Filter Day’. The HA will enter the unit in the event the Tenant is not present. HACN will bill to recoup the price of filters to each tenant monthly.

Tenant Initials [________] [________] [________] [________] HACN Representative Initials [________] (B) HACN Obligations:
(B)1 HACN shall enter only at a reasonable time.
(B)2 HACN may enter the Unit at any time without advance notification when there is reasonable cause to believe that an emergency exists
(B)3 In the event the Tenant and all adult (i.e., over age 18) members of his/her household are absent from the Unit at the time of entry, the H.A. will leave at the Residence a written statement specifying the date, time and purpose of the entry into the Unit prior to leaving the Residence.

SECTION XI: LEGAL NOTICES
(A) Any notice required or desired to be given by the H.A. to Tenant will be sufficient if:
(A)1 Delivered in writing to Tenant personally; or
(A)2 Delivered in writing personally to an adult member of his/her family living in the Unit; or (A)3 Sent by first-class mail, postage prepaid, properly addressed to Tenant at the Unit; or (A)4 In the case of notice of proposed changes in rules, regulations, procedures or schedules referred to in Section 14, the H.A. may, as an alternative to any of the notice provided in (1), (2) or (3) above, post such notice in at least three (3) conspicuous places within the structure or building in which the Residence is located, as well as in a conspicuous place in the H.A. office. (B) Any notice to the H.A. from Tenant must be in writing and must either be delivered or sent by first class, postage prepaid mail which is properly addressed to the H.A.'s on-site office at 908 Sycamore Drive, Needles, CA 92363.
(C) Notices given as provided above shall be deemed effective on the date personally delivered or posted or mailed. (D) Notices to perform covenant or quit shall be given a 3 day time frame to remedy violations SECTION XII: TERMINATION OF LEASE/NONRENEWAL OF LEASE
Agenda Item 4.

(A) This lease may be terminated by Tenant at any time by giving thirty (30) days written notice to the H.A. in the manner specified in Section 11. Tenant agrees to leave Unit in clean and good condition, reasonable wear and tear excepted, and to return the keys to HACN when Tenant vacates the Unit. If Tenant fails to give proper notice, Tenant will be responsible for payment of thirty (30) days rent from the date notice is given, or keys are returned, or the date the vacant unit is discovered by the H.A. If Tenant transfers to another HACN operated dwelling unit, unpaid rent balance and/or other charges under this Lease must be paid prior to effective date of new Lease. Exceptions may be made at the sole discretion of the H.A. (B) This Lease shall terminate upon the death of the Tenant. (C) This Lease shall terminate upon abandonment of the Unit by Tenant. (D) Tenant understands that failure to comply with the terms of this lease may result in the termination of this Agreement. This lease may be terminated by the Landlord at any time for serious or repeated violations of material terms of the lease, or for other good cause.

Examples of serious or repeated violations of terms shall include but not be limited to:
(D)1 Payment failures such as:
(D)1.a Failure to pay rent or other payments due under the Lease. (D)1.b Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due by the fifth of the month. Three (3) such late payments within a 12-month period shall constitute repeated late payments. (D)1.c Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities
(D)2 Violation of Tenant’s obligations as described in Section V and VI of the Lease (D)3 Other good cause (such as repeated violation of any terms, material, or non-material, of this Lease). (E) If the H.A. desires to terminate the Lease, the H.A. shall give Tenant written notice of termination, which will require that Tenant vacate the premises in the time shown as follows:
(E)1 Fourteen (14) days in the case of failure to pay rent:
(E)2 Three (3) days or less, if necessary, if Tenant, a member of his/her household or a visitor or guest creates or maintains a clear and immediate threat to the health or safety of other tenants, H.A. employees or the public, or if Tenant, a member of his/her household or a visitor or guest engages in any illegal criminal activity, drug activity in or near the public housing project; and (E)3 Thirty (30) days in all other cases.
(F) HACN may terminate this Lease prior to its expiration or at any time only for good cause which includes, but not limited to
(F)1 Failure to comply with the Community Service Requirement, (F)2 Tenant's violation of any material term of the Lease, Agenda Item 4.

(F)3 Violation of Tenant's obligations as described in Section 6 of this Lease, (F)4 Repeated or and/ or continuous violation of any terms, material or non- material, of this Lease. (F)5 Termination due to the creation or maintenance of a threat to the health or safety of other tenant's, H.A.'s employees or the public
(F)6 Illegal drug activity, or criminal activity
(G) A Tenant shall not be entitled to utilize the grievance procedure in case of termination of this Lease or eviction of Tenant under the Unlawful Detainer laws of the State of California due to the creation or maintenance of a threat to the health or safety of other tenants, H.A.'s employees or the public, or involvement in any illegal criminal or drug activity, by Tenant, a member of his/her household, visitors or guests under the tenant's control.
(H) This Lease shall terminate if no remaining family member in the household is a U.S. Citizen or an eligible immigrant.
(I) This Lease shall terminate if a household has an income that is over 120 percent of the Area Median Income (AMI) for the most recent two (2) consecutive years; HACN shall terminate the family’s tenancy within 6 months after the two (2) consecutive years.

Tenant Initials [________] [________] [________] [________] H.A. Representative Initials [________] SECTION XIII: TENANT RIGHTS UNDER VIOLENCE AGAINST WOMEN’S ACT (VAWA) (A) Being a victim of domestic violence, dating violence, sexual assault or stalking, engaged in by a member of the Tenant’s household or any guest or other person under the Tenant’s control is not by itself a cause for termination under Paragraph 6 of this Lease Agreement.
(B) Criminal activity directly relating to domestic violence, dating violence, sexual assault or stalking that is engaged in by a member of the Tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of the tenancy, if the Tenant, or affiliated individual of the Tenant is a victim of that domestic violence, dating violence, sexual assault or stalking. (C) HACN may remove a member of the household from the lease, without regard to whether the member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or authorized member and who engages in criminal acts of physical violence against the Tenant or other authorized members or against others, without evicting, removing, terminating assistance to or otherwise penalizing the victim of such violence who is also a tenant or authorized member. (D) HACN maintains the right to evict Tenant or authorized member of the Tenant’s household, including a victim of domestic violence, for any violation of this Lease not premised on the act or acts of domestic violence in question.
(E)HACN maintains the authority to terminate if it can demonstrate that the Tenant, authorized members of the Tenant’s household, any guest or other person under the Tenant’s control, are causing an actual and imminent threat to other Residents, HACN employees and affiliates, or persons residing in the immediate vicinity of the Premises.
(F) Once HACN is notified, H.A. retains authority to honor court orders relating to the rights of access to or control of the property, including civil protection orders (i) issued to protect the victim and (ii) issued to Agenda Item 4.

address the distribution or possession of property among the family members in cases where a family breaks up.

SECTION XIIII: ATTORNEY FEES
Tenant agrees to pay Attorney's fees in the event court action is required to enforce any terms and condition of the Rental Agreement by the H.A., provided Tenant does not prevail in said court action.

SECTION XV: GRIEVANCE
Except as provided in Section 11 (F) and (G), all grievances or appeals arising under this Lease, shall be processed and attempted to be resolved pursuant to the grievance procedure which is in effect at the time of such grievance or appeal, prior to the H.A. commencing any eviction action. This grievance procedure shall be posted in the H.A. Office, and a copy provided to each Tenant, and is incorporated herein by this reference.

SECTION XVI: MODIFICATIONS OR CHANGES
Modification of this Lease shall be by written rider executed by both parties, except for changes in rent made pursuant to Section V or changes or amendments set forth below. HACN may, from time to time, make changes or amendments in the Utility Allowance, Schedule of Other Charges, and any and all other rules, regulations, schedules or procedures (including grievance procedures) herein or affecting the Lease and any and all such changes and amendments (subject to compliance with the notice procedure specified below) shall become part of this Lease. Prior to any change or amendment becoming effective HACN shall provide at least thirty (30) days written notice to Tenant setting forth the proposed change or amendment, the reasons therefore, and providing Tenant an opportunity to make written comments. This notice shall be served on Tenant as set forth in Section 11
SECTION XVII: NO WAIVER
Notwithstanding any conduct or custom on the part of the H.A., the failure of the H.A. to enforce any of the H.A.'s rights under this Lease shall not be construed as having created a custom in any way contrary to the specified terms of this Rental Agreement or as having in any way modified this Rental Agreement or as having constituted a waiver of any of the H.A.'s rights or obligations under this Rental Agreement.

SECTION XVIII: REGISTERED SEX OFFENDER NOTICE
Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides
Agenda Item 4.

___________________________________ ___________________________________ Taryn Kelley Date
___________________________________ ___________________________________

___________________________________
H.A Representative Date
Signature
I/We, the undersigned, certify under penalty of perjury that the information provided to Housing Authority of the City of Needles is true and correct, to the best of my knowledge and recollection.

WARNING: Anyone who knowingly submits a false claim or knowingly makes a false statement is subject to criminal and/or civil penalties, including confinement for up to five years, fines, and civil and administrative penalties (18 U.S.C. 287, 1001, 1010, 1012; 31 U.S.C. 3279, 3802).” Agenda Item 4.

Agenda Item 4.

Agenda Item 4.

Agenda Item 4.

Agenda Item 4.

Housing Authority
of the
City of Needles
Admissions and Continued
Occupancy Plan
May 2026

SEE CITY CLERK FOR HARD COPY

TOO LARGE TO PRINT
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles
Page Intro-i
Introduction

HOTMA CHANGES IN THE ACOP
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs.

HOTMA 102/104
HUD published a final rule on February 14, 2023, revising regulations related to income, assets, adjusted income, verification, and reexams (among others) to implement Sections 102 and 104 of HOTMA. While the new regulations were effective January 1, 2024, HUD has delayed the compliance date for HOTMA 102/104. Initially, HUD published a delayed compliance date of January 1, 2025, but HUD again delayed the compliance date for HOTMA 102/104 and no new date has been provided. Compliance with Sections 102 and 104 of HOTMA means not only applying HOTMA 102/104 regulations to affected programs but also reporting in HUD’s new Housing Information Portal (HIP) system. Currently, PHAs remain unable to comply with HOTMA 102/104 because compliance depends on transitioning from HUD’s IMS/PIC system (which is unable to accept HOTMA-compliant Form HUD-50058) to HUD’s new HIP system (which will be the only system that accepts HOTMA-compliant Form HUD-50058). PHAs cannot transition to HOTMA until HIP is in place, HOTMA-compliant, and accessible.

However, HUD has determined that a few HOTMA 102/104 policies are not dependent on transition systems and easily isolated from other HOTMA 102/104 policy changes. These policies may be implemented prior to the migration to HIP.

HUD stated that PHAs may update their policy documents before determining the date at which they will transition to all HOTMA Section 102 and 104 policies. HUD stated that in order to update their policy documents for HOTMA in this circumstance, PHAs may create an appendix that contains the HOTMA policies that will be incorporated at a later date. The model policy adopts such an approach. HOTMA 102/104 policies are provided in each affected area of the model policy. However, with the exception of the policies HUD has indicated may be adopted early, HOTMA policies that are “on hold” are indicated in the model policy as such. Further, an appendix has been provided to explicitly call out those policies that are on hold.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles
Page Intro-ii

ABOUT THE ACOP

REFERENCES CITED IN THE ACOP
Authority for PHA policies is derived from many sources. Primarily among these sources are regulations and guidance issued by HUD. State law also directs PHA policy. State law must be followed where such law exists and does not conflict with federal regulations. In the absence of legal requirements or HUD guidance, industry practice may lead to PHA policy. Finally, the public housing lease will affect PHA policy and therefore must be consistent with federal and state laws and regulations.

HUD
HUD provides the primary source of PHA policy through federal regulations, HUD Notices and handbooks. Compliance with federal regulations, current HUD Notices and HUD handbooks is mandatory.

HUD provides nonmandatory guidance to PHAs through HUD published guidebooks. Expired HUD Notices and handbooks also provide guidance for PHA policy. Following HUD guidance is optional, as long as PHA policies comply with federal law, federal regulations and mandatory policy. Because HUD has already determined that the guidance it provides is consistent with mandatory policies, PHA reliance on HUD guidance provides the PHA with a “safe harbor.” Content contained on the HUD website can provide further clarification of HUD policies. For example, FAQs on the HUD website can provide direction on the application of federal regulations to a specific pattern.

State Law
Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists.

Where state law is more restrictive than federal law, but does not conflict with it, the PHA should follow the state law.

Industry Practice
Where no law or HUD authority exists on a particular subject, industry practice may support PHA policy. An industry practice is a way of doing things that is followed by most housing authorities.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles
Page Intro-iii

RESOURCES CITED IN THE ACOP
The ACOP cites several documents. Where a document or resource is cited frequently, it may be abbreviated. Where it is cited only once or twice, the ACOP may contain the entire name of the document or resource. Following is a key to abbreviations used for various sources that are frequently cited in the ACOP, and a list of references and document locations that are referenced in the ACOP or that may be helpful to you.

Public Housing Occupancy Guidebook
In June 2020 HUD began issuing a new version of the Public Housing Occupancy Guidebook chapter by chapter. Unlike the previous version of the guidebook in which chapters were numbered, the new version includes chapter names, but no numbers. As the new version of the guidebook has not yet been fully released, and since the previous version of the guidebook contains guidance not found in the new version, the policy cites both versions of the guidebook.

Therefore, where the Public Housing Occupancy Guidebook is cited in the policy, the citation will make a distinction between the “old” and “new” versions of the guidebook. The “old” version of the guidebook will continue to be cited as PH OCC GB with a chapter/page reference (example: PH OCC GB, p. 5-4). If HUD has also released a new chapter on the same topic with information that either adds new information or updates existing information from the previous guidebook, the new guidebook will be cited as New PH OCC GB with a chapter title and page reference (example: New PH OCC GB, Lease Requirements, p. 11).

On September 29, 2023, HUD issued Notice PIH 2023-27 to implement sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA). The notice supersedes relevant portion of the guidebook, specifically the chapters on eligibility and occupancy, income determinations, and reexaminations. Where chapters have not been altered by the HOTMA implementation notice, the model policy continues to cite the Public Housing Occupancy Guidebook.

Abbreviations
Throughout the ACOP, abbreviations are used to designate certain documents in citations. The following is a table of abbreviations of documents cited by the ACOP.

Abbreviation Document
CFR Code of Federal Regulations
HUD-50058 IB HUD-50058 Instruction Booklet
PH OCC GB Public Housing Occupancy Guidebook, June 2003 New PH OCC GB Public Housing Occupancy Guidebook, Various dates of release RHIIP FAQs Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions
VG Verification Guidance, March 2004 (attachment to PIH Notice 2004-1) Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles
Page Intro-iv
Resources and Where to Find Them
The HUD website is https://www.hud.gov/.

Guidebooks, handbooks, and other HUD resources may be found at the HUDClips website:
https://www.hud.gov/program_offices/administration/hudclips Following is a list of resources helpful to the PHA or referenced in the ACOP, and the online location of each.

Document and Location
Code of Federal Regulations
http://www.ecfr.gov
Enterprise Income Verification (EIV) System PHA Security Procedures https://www.hud.gov/sites/documents/EIVSECGUIDEPHA.PDF
Executive Order 11063
https://www.archives.gov/federal-register/codification/executive-order/11063.html Federal Register
https://www.federalregister.gov/
HOTMA Final Rule
https://www.federalregister.gov/documents/2023/02/14/2023-01617/housing-opportunitythrough-modernization-act-of-2016-implementation-of-sections-102-103-and104?utm_campaign=subscription+mailing+list&utm_source=federalregister.gov&utm_medium= email
HOTMA Implementation Notice, PIH 2023-27
https://www.hud.gov/sites/dfiles/OCHCO/documents/2023-27pihn.pdf Joint Statement of the Department of Housing and Urban Development and the Department of Justice, issued May 17, 2004
https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/joint_statement_ra.pdf Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007
https://www.lep.gov/guidance/HUD_guidance_Jan07.pdf
Notice PIH 2010-26, Nondiscrimination and Accessibility Notice http://www.hud.gov/offices/pih/publications/notices/10/pih2010-26.pdf Notice PIH 2017-12, Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System
https://www.hud.gov/sites/documents/PIH2017-12EIVNOTICE.PDF Public Housing Occupancy Guidebook, June 2003
https://www.hud.gov/sites/documents/DOC_10760.PDF
VAWA Resources
https://www.hud.gov/vawa
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

Chapter 1

OVERVIEW OF THE PROGRAM AND PLAN

INTRODUCTION
The PHA receives its operating subsidy for the public housing program from the Department of Housing and Urban Development. The PHA is not a federal department or agency. A public housing agency (PHA) is a governmental or public body, created and authorized by state law to develop and operate housing and housing programs for low-income families. The PHA enters into an Annual Contributions Contract with HUD to administer the public housing program. The PHA must ensure compliance with federal laws, regulations and notices and must establish policies and procedures to clarify federal requirements and to ensure consistency in program operation.

This chapter contains information about the PHA and its programs with emphasis on the public housing program. It also contains information about the purpose, intent and use of the plan and guide.

There are three parts to this chapter:

Part I: The Public Housing Agency (PHA). This part includes a description of the PHA, its jurisdiction, its programs, and its mission and intent.

Part II: The Public Housing Program. This part contains information about public housing operations, roles and responsibilities, and partnerships.

Part III: Admissions and Continued Occupancy (ACOP). This part discusses the purpose and organization of the plan and its revision requirements.

PART I: THE PHA
1-I.A. OVERVIEW
This part describes the PHA’s creation and authorization, the general structure of the organization, and the relationship between the PHA Board and staff.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

1-I.B. ORGANIZATION AND STRUCTURE OF THE PHA
Public housing is funded by the federal government and administered by the Housing Authority of the City of Needles for the jurisdiction of City of Needles, California.

PHAs are governed by a board of officials that are generally called “commissioners.” Although some PHAs may use a different title for their officials, this document will hitherto refer to the “board of commissioners” or the “board” when discussing the board of governing officials.

Commissioners are appointed in accordance with state housing law and generally serve in the same capacity as the directors of a corporation. The board of commissioners establishes policies under which the PHA conducts business and ensures that those policies are followed by PHA staff. The board is responsible for preserving and expanding the agency’s resources and assuring the agency’s continued viability and success.

Formal actions of the PHA are taken through written resolutions, adopted by the board and entered into the official records of the PHA.

The principal staff member of the PHA is the executive director (ED), who is selected and hired by the board. The ED oversees the day-to-day operations of the PHA and is directly responsible for carrying out the policies established by the commissioners. The ED’s duties include hiring, training, and supervising the PHA’s staff, as well as budgeting and financial planning for the agency. Additionally, the ED is charged with ensuring compliance with federal and state laws, and program mandates. In some PHAs, the ED is known by another title, such as chief executive officer or president.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

1-I.C. PHA MISSION
The purpose of a mission statement is to communicate the purpose of the agency to people inside and outside of the agency. It provides the basis for strategy development, identification of critical success factors, resource allocation decisions, as well as ensuring client and stakeholder satisfaction.

HACN Policy
The PHA’s mission is to provide safe, decent and sanitary housing conditions for very low-income families and to manage resources efficiently. The PHA is to promote personal, economic and social upward mobility to provide families with the opportunity to make the transition from subsidized to non-subsidized housing.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

1-I.D. THE PHA’S COMMITMENT TO ETHICS AND SERVICE
As a public service agency, the PHA is committed to providing excellent service to all public housing applicants, residents, and the public. In order to provide superior service, the PHA resolves to:
• Administer applicable federal and state laws and regulations to achieve high ratings in compliance measurement indicators while maintaining efficiency in program operation to ensure fair and consistent treatment of clients served. • Provide housing that is safe, habitable, functionally adequate, operable, and free of health and safety hazards—in compliance with the National Standards for the Physical Inspection of Real Estate: Inspection Standards (NSPIRE)—for very low- and low-income families. • Achieve a healthy mix of incomes in its public housing developments by attracting and retaining higher income families and by working toward deconcentration of poverty goals. • Encourage self-sufficiency of participant families and assist in the expansion of family opportunities which address educational, socio-economic, recreational and other human services needs.
• Promote fair housing and the opportunity for very low- and low-income families of all races, ethnicities, national origins, religions, ethnic backgrounds, and with all types of disabilities, to participate in the public housing program and its services. • Create positive public awareness and expand the level of family and community support in accomplishing the PHA’s mission.
• Attain and maintain a high level of standards and professionalism in day-to-day management of all program components.
• Administer an efficient, high-performing agency through continuous improvement of the PHA’s support systems and commitment to our employees and their development.

The PHA will make every effort to keep residents informed of program rules and regulations, and to advise participants of how the program rules affect them.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

PART II: THE PUBLIC HOUSING PROGRAM
1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM
The intent of this section is to provide the public and staff with an overview of the history and operation of public housing.

The United States Housing Act of 1937 (the “Act”) is responsible for the birth of federal housing program initiatives, known as public housing. The Act was intended to provide financial assistance to states and cities for public works projects, slum clearance and the development of affordable housing for low-income residents. There have been many changes to the program since its inception in 1937.

The Housing Act of 1965 established the availability of federal assistance, administered through local public agencies, to provide rehabilitation grants for home repairs and rehabilitation. This act also created the federal Department of Housing and Urban Development (HUD).

The Housing Act of 1969 created an operating subsidy for the public housing program for the first time. Until that time, public housing was a self-sustaining program.

In 1998, the Quality Housing and Work Responsibility Act (QHWRA) – also known as the Public Housing Reform Act or Housing Act of 1998 – was signed into law. Its purpose was to provide more private sector management guidelines to the public housing program and provide residents with greater choices. It also allowed PHAs more remedies to replace or revitalize severely distressed public housing developments. Highlights of the Reform Act include: the establishment of flat rents; the requirement for PHAs to develop five-year and annual plans; income targeting, a requirement that 40% of all new admissions in public housing during any given fiscal year be reserved for extremely low-income families; and resident self-sufficiency incentives.

On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs. The Final Rule implementing broad changes to income and assets in Sections 102 and 104 of HOTMA, and for PHAs that administer the public housing program over-income provisions in Section 103, was officially published in the Federal Register on February 14, 2023. On September 29, 2023, HUD issued notice PIH 2023-27, which provided guidance to PHAs on the implementation of the program changes described in the Final Rule. HUD issued a revised version of the notice on February 2, 2024.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

1-II.B. PUBLIC HOUSING PROGRAM BASICS
HUD writes and publishes regulations in order to implement public housing laws enacted by Congress. HUD contracts with the PHA to administer programs in accordance with HUD regulations and provides an operating subsidy to the PHA. The PHA must create written policies that are consistent with HUD regulations. Among these policies is the PHA’s Admissions and Continued Occupancy Policy (ACOP). The ACOP must be approved by the board of commissioners of the PHA.

The job of the PHA pursuant to HUD regulations is to provide safe, habitable dwelling units to low-income families at an affordable rent. The PHA screens applicants for public housing and, if they are determined to be eligible for the program, the PHA makes an offer of a housing unit. If the applicant accepts the offer, the PHA and the applicant will enter into a written lease agreement. At this point, the applicant becomes a tenant in the public housing program.

In the context of the public housing program, a tenant is defined as the adult person(s) (other than a live-in aide who (1) executed the lease with the PHA as lessee of the dwelling unit, or, if no such person now resides in the unit, (2) who resides in the unit, and who is the remaining head of household of the tenant family residing in the dwelling unit. [24 CFR 966.53]. The Public Housing Occupancy Guidebook refers to tenants as “residents.” The terms “tenant” and “resident” are used interchangeably in this policy. Additionally, this policy uses the term “family” or “families” for residents or applicants, depending on context.

Since the PHA owns the public housing development, the PHA is the landlord. The PHA must comply with all of the legal and management responsibilities of a landlord in addition to administering the program in accordance with HUD regulations and PHA policy. 1-II.C. PUBLIC HOUSING PARTNERSHIPS
To administer the public housing program, the PHA must enter into an Annual Contributions Contract (ACC) with HUD. The PHA also enters into a contractual relationship with the tenant through the public housing lease. These contracts define and describe the roles and responsibilities of each party.

In addition to the ACC, the PHA and family must also comply with federal regulations and other HUD publications and directives. For the program to work and be successful, all parties involved – HUD, the PHA, and the tenant – play an important role.

The chart on the following page illustrates key aspects of these relationships.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

The Public Housing Relationships
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

What does HUD do?
Federal law is the source of HUD responsibilities. HUD has the following major responsibilities:
• Develop regulations, requirements, handbooks, notices and other guidance to implement housing legislation passed by Congress
• Allocate operating subsidies to PHAs
• Allocate capital funding to PHAs
• Provide technical assistance to PHAs on interpreting and applying program requirements • Monitor PHA compliance with program requirements and PHA performance in program administration.

What does the PHA do?
The PHA’s responsibilities originate in federal regulations and the ACC. The PHA owns and manages public housing developments, administers the program under contract with HUD and has the following major responsibilities:
• Ensure compliance with all non-discrimination, equal opportunity, and fair housing laws, and ensure that the program is accessible to persons with disabilities • Establish local policies and procedures for operating the program • Accept applications from interested applicant families and determine whether they are income eligible for the program
• Maintain waiting lists and select families for admission • Screen applicant families for suitability as renters
• Maintain housing units by making any necessary repairs in a timely manner • Make unit offers to families (minimize vacancies without overcrowding) • Maintain properties to the standard of safe, habitable dwelling units (including assuring compliance with National Standards for the Physical Inspection of Real Estate (NSPIRE)) • Make sure the PHA has adequate financial resources to maintain its housing stock • Perform regular reexaminations of family income and composition in accordance with HUD requirements
• Collect rent due from the assisted family and comply with and enforce provisions of the lease • Ensure that families comply with program rules
• Provide families with prompt and professional service • Comply with all fair housing and equal opportunity requirements, HUD regulations and requirements, the ACC, HUD-approved applications for funding, the PHA’s ACOP, and other applicable federal, state and local laws.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

What does the tenant do?
The tenant’s responsibilities are articulated in the public housing lease. The tenant has the following broad responsibilities:
• Comply with the terms of the lease and PHA house rules, as applicable • Provide the PHA with complete and accurate information, determined by the PHA to be necessary for administration of the program
• Cooperate in attending all appointments scheduled by the PHA • Allow the PHA to inspect the unit at reasonable times and after reasonable notice • Take responsibility for care of the housing unit, including any violations of NSPIRE caused by the family
• Not engage in drug-related or violent criminal activity • Notify the PHA before moving or termination of the lease • Use the assisted unit only for residence and as the sole residence of the family. Not sublet the unit or assign the lease
• Promptly notify the PHA of any changes in family composition • Not commit fraud, bribery, or any other corrupt or criminal act in connection with any housing programs
• Take care of the housing unit and report maintenance problems to the PHA promptly If all parties fulfill their obligations in a professional and timely manner, the program responsibilities will be fulfilled in an effective manner.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

1-II.D. APPLICABLE REGULATIONS
Applicable regulations include:
• 24 CFR Part 5: General Program Requirements
• 24 CFR Part 8: Nondiscrimination
• 24 CFR Part 35: Lead-Based Paint
• 24 CFR Part 100: The Fair Housing Act
• 24 CFR Part 902: Public Housing Assessment System
• 24 CFR Part 903: Public Housing Agency Plans
• 24 CFR Part 945: Designated Housing
• 24 CFR Part 960: Admission and Occupancy Policies
• 24 CFR Part 965: PHA-Owned or Leased Projects – General Provisions • 24 CFR Part 966: Lease and Grievance Procedures
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

PART III: THE ADMISSIONS AND CONTINUED OCCUPANCY POLICIES 1-III.A. OVERVIEW AND PURPOSE OF THE POLICY
The ACOP is the PHA’s written statement of policies used to carry out the housing program in accordance with federal law and regulations, and HUD requirements. The ACOP is required by HUD, and it must be available for public review [CFR 24 Part 903]. The ACOP also contains policies that support the objectives contained in the PHA’s Agency Plan.

All issues related to public housing not addressed in this ACOP are governed by federal regulations, HUD handbooks and guidebooks, notices and applicable state and local laws. The policies in this ACOP have been designed to ensure compliance with the consolidated ACC and all HUD-approved applications for program funding. The PHA is responsible for complying with all changes in HUD regulations pertaining to public housing. If such changes conflict with this plan, HUD regulations will have precedence.
1-III.B. CONTENTS OF THE POLICY
Unlike the housing choice voucher program, HUD regulations for public housing do not contain a list of what must be included in the ACOP. However, individual regulations contain requirements of inclusion in the PHA’s written policy. At a minimum, the ACOP plan should cover PHA policies on these subjects:
• The organization of the waiting list and how families are selected and offered available units, including any PHA admission preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the PHA waiting list (Chapters 4 and 5).
• Transfer policies and the circumstances under which a transfer would take precedence over an admission (Chapter 12).
• Standards for determining eligibility, suitability for tenancy, and the size and type of the unit needed (Chapters 3 and 5).
• Procedures for verifying the information the family has provided (Chapter 7). • The method for achieving deconcentration of poverty and income-mixing of public housing developments (Chapter 4).
• Grievance procedures (Chapter 14).
• Policies concerning payment by a family to the PHA of amounts the family owes the PHA (Chapter 15 and 16).
• Interim redeterminations of family income and composition (Chapter 9). • Policies regarding community service requirements (Chapter 11). • Policies and rules about safety and ownership of pets in public housing (Chapter 10).

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

Mandatory vs. Discretionary Policy
HUD makes a distinction between mandatory policies and non-mandatory policies:
• Mandatory policies: those driven by legislation, regulations, current handbooks, current PIH notices, and legal opinions from the Office of General Counsel • Optional, non-binding guidance: includes guidebooks, FAQs, PIH notices that have expired, and recommendations from individual HUD staff.

HUD expects PHAs to develop policies and procedures that are consistent with mandatory policies and to make clear the optional policies the PHA has adopted. The ACOP is comprised of mandatory policies and optional PHA policy. HUD emphasizes the need for a clearly written and comprehensive ACOP to guide staff in the clear and consistent application of policy.

HUD suggestions, recommendations, written issuances, and guidance are consistent with mandatory federal policy. Therefore, using HUD guidance in the preparation of PHA policy, even though it is not mandatory, provides a PHA with a “safe harbor.” If a PHA adopts an alternative policy, it must make its own determination that such policy is consistent with legislation, regulations, and other mandatory requirements. There may be very good reasons for adopting a policy or procedure that is different than that suggested by HUD, but PHAs should carefully think through those decisions and be able to articulate how their policy is consistent with federal laws, regulations and mandatory policy.
1-III.C. UPDATING AND REVISING THE POLICY
The PHA will revise this ACOP as needed to comply with changes in HUD regulations. The original policy and any changes must be approved by the board of commissioners of the PHA, the pertinent sections included in the Agency Plan, and a copy provided to HUD.

HACN Policy
The PHA will review and update the ACOP as needed to reflect changes in regulations, PHA operations, or when needed to ensure staff consistency in operation.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

Chapter 2

FAIR HOUSING AND EQUAL OPPORTUNITY

INTRODUCTION
This chapter explains the laws and HUD regulations requiring PHAs to affirmatively further civil rights and fair housing in all federally assisted housing programs. The letter and spirit of these laws are implemented through consistent policy and procedures. The responsibility to further nondiscrimination pertains to all areas of the PHA’s public housing operations.

This chapter describes HUD regulations and PHA policies related to these topics in three parts:

Part I: Nondiscrimination. This part presents the body of laws and regulations governing the responsibilities of the PHA regarding nondiscrimination.

Part II: Policies Related to Persons with Disabilities. This part discusses the rules and policies of the public housing program related to reasonable accommodation for persons with disabilities. These rules and policies are based on the Fair Housing Act (42.U.S.C.) and Section 504 of the Rehabilitation Act of 1973 and incorporate guidance from the Joint Statement of The Department of Housing and Urban Development and the Department of Justice (DOJ), issued May 17, 2004.

Part III: Prohibition of Discrimination Against Limited English Proficiency Persons. This part details the obligations of the PHA to ensure meaningful access to the public housing program and its activities by persons with limited English proficiency (LEP). This part incorporates the Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons published January 22, 2007, in the Federal Register.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

This page intentionally left blank
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

PART I: NONDISCRIMINATION
2-I.A. OVERVIEW
Federal laws require PHAs to treat all applicants and tenant families equally, providing the same quality of service, regardless of family characteristics and background. Federal law prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial status, and disability. In addition, HUD regulations provide for additional protections regarding sexual orientation, gender identity, and marital status. The PHA will comply fully with all federal, state, and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including:
• Title VI of the Civil Rights Act of 1964
• Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988)
• Executive Orders 11063 and 13988
• Section 504 of the Rehabilitation Act of 1973
• The Age Discrimination Act of 1975
• Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern)
• The Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Final Rule, published in the Federal Register February 3, 2012, and further clarified in Notice PIH 2014-20
• The Violence against Women Act (VAWA)
• Any applicable state laws or local ordinances and any legislation protecting individual rights of tenants, applicants, or staff that may subsequently be enacted When more than one civil rights law applies to a situation, the laws will be read and applied together.

HACN Policy
No state or local non-discrimination laws or ordinances apply.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

2-I.B. NONDISCRIMINATION
Federal regulations prohibit discrimination against certain protected classes and other groups of people. State and local requirements, as well as PHA policies, can prohibit discrimination against additional classes of people.

The PHA shall not discriminate because of race, color, sex, religion, familial status, age, disability or national origin (called “protected classes”).

Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18.

The PHA will not discriminate on the basis of marital status, gender identity, or sexual orientation [FR Notice 02/03/12; Executive Order 13988].

HACN Policy
The PHA does not identify any additional protected classes.

The PHA will not use any of these factors to:
• Deny to any family the opportunity to apply for housing, nor deny to any qualified applicant the opportunity to participate in the public housing program • Provide housing that is different from that provided to others • Subject anyone to segregation or disparate treatment
• Subject anyone to sexual harassment
• Restrict anyone's access to any benefit enjoyed by others in connection with the housing program
• Treat a person differently in determining eligibility or other requirements for admission • Steer an applicant or tenant toward or away from a particular area based on any of these factors
• Deny anyone access to the same level of services
• Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program
• Discriminate in the provision of residential real estate transactions • Discriminate against someone because they are related to or associated with a member of a protected class
• Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected class Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

Providing Information to Families
The PHA must take steps to ensure that families are fully aware of all applicable civil rights laws. As part of the public housing orientation process, the PHA will provide information to public housing applicant families about civil rights requirements. 2-I.C. DISCRIMINATION COMPLIANTS
General Housing Discrimination Complaints
If an applicant or tenant family believes that any family member has been discriminated against by the PHA, the family should advise the PHA. The PHA should make every reasonable attempt to determine whether the applicant or tenant family’s assertions have merit and take any warranted corrective action.

In all cases, the PHA will advise the family that they may file a fair housing complaint if the family feels they have been discriminated against under the Fair Housing Act.

HACN Policy
Applicants or tenant families who believe that they have been subject to unlawful discrimination may notify the PHA in writing.

Within 10 business days of receiving the complaint, the PHA will investigate and attempt to remedy discrimination complaints made against the PHA. The PHA will also advise the family of their right to file a fair housing complaint with HUD’s Office of Fair Housing and Equal Opportunity (FHEO). The fair housing poster, posted in conspicuous and accessible locations in PHA lobbies, will reference how to file a complaint with FHEO.

The PHA will keep a record of all complaints, investigations, notices, and corrective actions. (See Chapter 16.)
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

Complaints under the Equal Access Final Rule [Notice PIH 2014-20] Notice PIH 2014-20 requires an articulated complaint process for allegations of discrimination under the Equal Access Final rule. The Equal Access Final Rule requires that PHAs provide equal access regardless of marital status, gender identity, or sexual orientation. The PHA will be informed of these obligations by the HUD Field Office or FHEO when an Equal Access complaint investigation begins.

HACN Policy
Applicants or tenant families who believe that they have been subject to unlawful discrimination based on marital status, gender identity, or sexual orientation under the Equal Access Rule may notify the PHA in writing.

Within 10 business days of receiving the complaint, the PHA will provide a written notice to those alleged to have violated the rule. The PHA will also send a written notice to the complainant informing them that notice was sent to those alleged to have violated the rule, as well as information on how to complete and submit a housing discrimination complaint form to HUD’s Office of Fair Housing and Equal Opportunity (FHEO).

The PHA will attempt to remedy discrimination complaints made against the PHA and will conduct an investigation into all allegations of discrimination.

Within 10 business days following the conclusion of the PHA’s investigation, the PHA will provide the complainant and those alleged to have violated the rule with findings and either a proposed corrective action plan or an explanation of why corrective action is not warranted.

The PHA will keep a record of all complaints, investigations, notices, and corrective actions. (See Chapter 16.)
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

VAWA Complaint Processing [Notice FHEO 2023-01]
A complainant may, not later than one year after an alleged VAWA violation has occurred or terminated, file a complaint with FHEO alleging such violation. If there is a violation that began prior to a year before the complaint is filed, but it continues into the one-year time period, HUD will accept the complaint. FHEO will investigate the complaint if it is timely and FHEO otherwise has jurisdiction. If a complaint is filed more than one year after the alleged violation occurred or terminated, FHEO may, but is not required to, investigate the allegations under the additional authority and procedures described in FHEO 2023-01.

Complaints do not need to allege a violation of the Fair Housing Act for FHEO to accept and investigate the complaint.

HACN Policy
Applicants or tenant families who wish to file a VAWA complaint against the PHA may notify the PHA either orally or in writing.

The PHA will advise the family of their right to file a VAWA complaint with HUD’s Office of Fair Housing and Equal Opportunity (FHEO). The PHA will inform the family that not later than one year after an alleged VAWA violation has occurred or terminated, applicants and tenants who believe they have been injured by a VAWA violation or will be injured by such a violation that is about to occur may file a VAWA complaint using FHEO’s online complaint form via mail, email, or telephone.

The PHA will attempt to remedy complaints made against the PHA and will conduct an investigation into all allegations of discrimination.

The PHA will keep a record of all complaints, investigations, notices, and corrective actions. (See Chapter 16.)
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

This page intentionally left blank
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES
2-II.A. OVERVIEW
One type of disability discrimination prohibited by the Fair Housing Act is the refusal to make reasonable accommodation in rules, policies, practices, or services when such accommodation may be necessary to afford a person with a disability the equal opportunity to use and enjoy a program or dwelling under the program.

The PHA must ensure that persons with disabilities have full access to the PHA’s programs and services. This responsibility begins with the first inquiry of an interested family and continues through every programmatic area of the public housing program [24 CFR 8].

The PHA must provide a notice to each tenant that the tenant may, at any time during the tenancy, request reasonable accommodation of a handicap of a household member, including reasonable accommodation so that the tenant can meet lease requirements or other requirements of tenancy [24 CFR 966.7(b)].

HACN Policy
The PHA will ask all applicants and resident families if they require any type of accommodation, in writing, on the intake application, reexamination documents, and notices of adverse action by the PHA, by including the following language:
“If you or anyone in your family is a person with disabilities, and you require a specific accommodation in order to fully utilize our programs and services, please contact the housing authority.”
A specific position and phone number will be provided as the contact person for requests for accommodation for persons with disabilities.

The PHA will display posters and other housing information and signage in locations throughout the PHA’s office in such a manner as to be easily readable from a wheelchair.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

2-II.B. DEFINITION OF REASONABLE ACCOMMODATION
A “reasonable accommodation” is a change, exception, or adjustment to a policy, practice or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. Since policies and services may have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly the same as others will sometimes deny them an equal opportunity to use and enjoy a dwelling. [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act]
Federal regulations stipulate that requests for accommodations will be considered reasonable if they do not create an "undue financial and administrative burden" for the PHA or result in a “fundamental alteration” in the nature of the program or service offered. A fundamental alteration is a modification that alters the essential nature of a provider’s operations.

Types of Reasonable Accommodations
When it is reasonable (see definition above and Section 2-II.E), the PHA shall accommodate the needs of a person with disabilities. Examples include but are not limited to:
• Permitting applications and reexaminations to be completed by mail • Providing “large print” forms
• Conducting home visits
• Permitting a higher utility allowance for the unit if a person with disabilities requires the use of specialized equipment related to the disability
• Modifying or altering a unit or physical system if such a modification or alteration is necessary to provide equal access to a person with a disability • Installing a ramp into a dwelling or building
• Installing grab bars in a bathroom
• Installing visual fire alarms for hearing impaired persons • Allowing a change in the family’s rent due date to correspond with the receipt of the head of household or spouse/cohead’s SSI or SSDI benefits
• Allowing a PHA-approved live-in aide to reside in the unit if that person is determined to be essential to the care of a person with disabilities, is not obligated for the support of the person with disabilities and would not be otherwise living in the unit. • Providing a designated handicapped-accessible parking space • Allowing an assistance animal
• Permitting an authorized designee or advocate to participate in the application or certification process and any other meetings with PHA staff
• Displaying posters and other housing information in locations throughout the PHA's office in such a manner as to be easily readable from a wheelchair Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

2-II.C. REQUEST FOR AN ACCOMMODATION
If an applicant or participant indicates that an exception, change, or adjustment to a rule, policy, practice, or service is needed because of a disability, HUD requires that the PHA treat the information as a request for a reasonable accommodation, even if no formal request is made [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].

The family must explain what type of accommodation is needed to provide the person with the disability full access to the PHA’s programs and services.

If the need for the accommodation is not readily apparent or known to the PHA, the family must explain the relationship between the requested accommodation and the disability.

HACN Policy
The PHA will require the family to make its request in writing. If the family is unable to do so, the PHA will assist the family in completing a written request.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

2-II.D. VERIFICATION OF DISABILITY
The regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1 at the end of this chapter. The definition of a person with a disability for the purpose of obtaining a reasonable accommodation is much broader than the HUD definition of disability which is used for waiting list preferences and income allowances.

Before providing an accommodation, the PHA must determine that the person meets the definition of a person with a disability, and that the accommodation will enhance the family’s access to the PHA’s programs and services.

If a person’s disability is obvious or otherwise known to the PHA, and if the need for the requested accommodation is also readily apparent or known, no further verification will be required [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].

If a family indicates that an accommodation is required for a disability that is not obvious or otherwise known to the PHA, the PHA must verify that the person meets the definition of a person with a disability, and that the limitations imposed by the disability require the requested accommodation.

When verifying a disability, the PHA will follow the verification policies provided in Chapter 7.

All information related to a person’s disability will be treated in accordance with the confidentiality policies provided in Chapter 16 (Program Administration). In addition to the general requirements that govern all verification efforts, the following requirements apply when verifying a disability:
• Third-party verification must be obtained from an individual identified by the family who is competent to make the determination. A doctor or other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual’s disability may provide verification of a disability [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].
• The PHA must request only information that is necessary to evaluate the disability-related need for the accommodation. The PHA may not inquire about the nature or extent of any disability.
• Medical records will not be accepted or retained in the participant file. • In the event the PHA does receive confidential information about a person’s specific diagnosis, treatment, or the nature or severity of the disability, the PHA will dispose of it. In place of the information, the PHA will note in the file that the disability and other requested information have been verified, the date the verification was received, and the name and address of the knowledgeable professional who sent the information [Notice PIH 2010-26].

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

2-II.E. APPROVAL/DENIAL OF A REQUESTED ACCOMMODATION [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act, Notice PIH 2010-26]
The PHA must approve a request for an accommodation if the following three conditions are met.
• The request was made by or on behalf of a person with a disability. • There is a disability-related need for the accommodation. • The requested accommodation is reasonable, meaning it would not impose an undue financial and administrative burden on the PHA, or fundamentally alter the nature of the PHA’s operations.

Requests for accommodations must be assessed on a case-by-case basis. The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the overall size of the PHA’s program with respect to the number of employees, type of facilities and size of budget, type of operation including composition and structure of workforce, the nature and cost of the requested accommodation, and the availability of alternative accommodations that would effectively meet the family’s disability-related needs.

Before making a determination whether to approve the request, the PHA may enter into discussion and negotiation with the family, request more information from the family, or may require the family to sign a consent form so that the PHA may verify the need for the requested accommodation.

HACN Policy
After a request for an accommodation is presented, the PHA will respond, in writing, within 10 business days. However, the PHA may respond verbally, on a case by case basis, such as granting requests for rental extensions.

If the PHA denies a request for an accommodation because there is no relationship, or connection, found between the disability and the requested accommodation, the notice will inform the family of the right to appeal the PHA’s decision through an informal hearing (if applicable) or the grievance process (see Chapter 14).

If the PHA denies a request for an accommodation because it is not reasonable (it would impose an undue financial and administrative burden or fundamentally alter the nature of the PHA’s operations), the PHA will discuss with the family whether an alternative accommodation could effectively address the family’s disability-related needs without a fundamental alteration to the public housing program and without imposing an undue financial and administrative burden.

If the PHA believes that the family has failed to identify a reasonable alternative accommodation after interactive discussion and negotiation, the PHA will notify the family, in writing, of its determination within 10 business days from the date of the most recent discussion or communication with the family. The notice will inform the family of the right to appeal the PHA’s decision through an informal hearing (if applicable) or the grievance process (see Chapter 14).

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

2-II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION

IMPAIRMENTS
HUD regulations require the PHA to take reasonable steps to ensure that persons with disabilities related to hearing and vision have reasonable access to the PHA's programs and services [24 CFR 8.6].

At the initial point of contact with each applicant, the PHA shall inform all applicants of alternative forms of communication that can be used other than plain language paperwork.

HACN Policy
To meet the needs of persons with hearing impairments, TTD/TTY (text telephone display / teletype) communication will be available.

To meet the needs of persons with vision impairments, large print and audio versions of key program documents will be made available upon request. When visual aids are used in public meetings or presentations, or in meetings with PHA staff, one-on-one assistance will be provided upon request.

Additional examples of alternative forms of communication are sign language interpretation; having material explained orally by staff; or having a third-party representative (a friend, relative or advocate, named by the applicant) to receive, interpret and explain housing materials and be present at all meetings.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

2-II.G. PHYSICAL ACCESSIBILITY
The PHA must comply with a variety of regulations pertaining to physical accessibility, including the following.
• Notice PIH 2010-26
• Section 504 of the Rehabilitation Act of 1973
• The Americans with Disabilities Act of 1990
• The Architectural Barriers Act of 1968
• The Fair Housing Act of 1988
The PHA’s policies concerning physical accessibility must be readily available to applicants and resident families. They can be found in three key documents. • This policy, the Admissions and Continued Occupancy Policy, describes the key policies that govern the PHA’s responsibilities with regard to physical accessibility. • Notice PIH 2010-26 summarizes information about pertinent laws and implementing regulations related to nondiscrimination and accessibility in federally funded housing programs.
• The PHA Plan provides information about self-evaluation, needs assessment, and transition plans.

The design, construction, or alteration of PHA facilities must conform to the Uniform Federal Accessibility Standards (UFAS). Notice PIH 2010-26 contains specific information on calculating the percentages of units for meeting UFAS requirements.

Newly constructed facilities must be designed to be readily accessible to and usable by persons with disabilities. Alterations to existing facilities must be accessible to the maximum extent feasible, defined as not imposing an undue financial and administrative burden on the operations of the public housing program.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

2-II.H. DENIAL OR TERMINATION OF ASSISTANCE
A PHA’s decision to deny or terminate the assistance of a family that includes a person with disabilities is subject to consideration of reasonable accommodation [24 CFR 966.7].

When applicants with disabilities are denied assistance, the notice of denial must inform them of their right to request an informal hearing [24 CFR 960.208(a)].

When a family’s lease is terminated, the notice of termination must inform the family of their right to request a hearing in accordance with the PHA’s grievance process [24 CFR 966.4(l)(3)(ii)].

When reviewing reasonable accommodation requests, the PHA must consider whether reasonable accommodation will allow the family to overcome the problem that led to the PHA’s decision to deny or terminate assistance. If a reasonable accommodation will allow the family to meet the requirements, the PHA must make the accommodation [24 CFR 966.7].

In addition, the PHA must provide reasonable accommodation for persons with disabilities to participate in the hearing process [24 CFR 966.56(h)].

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH

LIMITED ENGLISH PROFICIENCY (LEP)
2-III.A. OVERVIEW
Language for Limited English Proficiency Persons (LEP) can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by the public housing program. In certain circumstances, failure to ensure that LEP persons can effectively participate in or benefit from federally assisted programs and activities may violate the prohibition under Title VI against discrimination on the basis of national origin. This part incorporates the Final Guidance to Federal Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007, in the Federal Register.

The PHA will take affirmative steps to communicate with people who need services or information in a language other than English. These persons will be referred to as Persons with Limited English Proficiency (LEP).

LEP persons are defined as persons who do not speak English as their primary language and who have a limited ability to read, write, speak or understand English. For the purposes of this Admissions and Continued Occupancy Policy, LEP persons are public housing applicants and resident families, and parents and family members of applicants and resident families.

In order to determine the level of access needed by LEP persons, the PHA will balance the following four factors: (1) the number or proportion of LEP persons eligible to be served or likely to be encountered by the public housing program; (2) the frequency with which LEP persons come into contact with the program; (3) the nature and importance of the program, activity, or service provided by the program to people’s lives; and (4) the resources available to the PHA and costs. Balancing these four factors will ensure meaningful access by LEP persons to critical services while not imposing undue burdens on the PHA.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

2-III.B. ORAL INTERPRETATION
The PHA will offer competent interpretation services free of charge, upon request, to the LEP person.

HACN Policy
The PHA will utilize a language line for telephone interpreter services.

When exercising the option to conduct remote hearings, however, the PHA will coordinate with a remote interpretation service which, when available, uses video conferencing technology rather than voice-only interpretation.

Where LEP persons desire, they will be permitted to use, at their own expense, an interpreter of their own choosing, in place of or as a supplement to the free language services offered by the PHA. The PHA, at its discretion, may choose to use the language services even when LEP persons desire to use an interpreter of their choice. The interpreter may be a family member or friend. If the interpreter chosen by the family is a minor, the PHA will not rely as on the minor to serve as the interpreter.

The PHA will analyze the various kinds of contacts it has with the public, to assess language needs and decide what reasonable steps should be taken. “Reasonable steps” may not be reasonable where the costs imposed substantially exceed the benefits.

Where feasible and possible, the PHA will train and hire bilingual staff to be available to act as interpreters and translators, will pool resources with other PHAs, and will standardize documents.
2-III.C. WRITTEN TRANSLATION
Translation is the replacement of a written text from one language into an equivalent written text in another language.

HACN Policy
In order to comply with written translation obligations, the PHA will take the following steps:

The PHA will provide written translations of vital documents for each eligible LEP language group that constitutes 5 percent or 1,000 persons, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered. Translation of other documents, if needed, can be provided orally; or If there are fewer than 50 persons in a language group that reaches the 5 percent trigger, the PHA may not translate vital written materials, but will provide written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

2-III.D. IMPLEMENTATION PLAN
After completing the four-factor analysis and deciding what language assistance services are appropriate, the PHA shall determine whether it is necessary to develop a written implementation plan to address the identified needs of the LEP populations it serves.

If the PHA determines that it is not necessary to develop a written implementation plan, the absence of a written plan does not obviate the underlying obligation to ensure meaningful access by LEP persons to the PHA’s public housing program and services.

HACN Policy
If it is determined that the PHA serves very few LEP persons, and the PHA has very limited resources, the PHA will not develop a written LEP plan, but will consider alternative ways to articulate in a reasonable manner a plan for providing meaningful access. Entities having significant contact with LEP persons, such as schools, grassroots and faith-based organizations, community groups, and groups working with new immigrants will be contacted for input into the process.

If the PHA determines it is appropriate to develop a written LEP plan, the following five steps will be taken: (1) Identifying LEP individuals who need language assistance; (2) identifying language assistance measures; (3) training staff; (4) providing notice to LEP persons; and (5) monitoring and updating the LEP plan.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

This page intentionally left blank
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

EXHIBIT 2-1: DEFINITION OF A PERSON WITH A DISABILITY UNDER FEDERAL CIVIL RIGHTS LAWS [24 CFR Parts 8.3 and 100.201]
A person with a disability, as defined under federal civil rights laws, is any person who:
• Has a physical or mental impairment that substantially limits one or more of the major life activities of an individual, or
• Has a record of such impairment, or
• Is regarded as having such impairment
The phrase “physical or mental impairment” includes:
• Any physiological disorder or condition, cosmetic or disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or • Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term “physical or mental impairment” includes but is not limited to: such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism.
“Major life activities” includes, but is not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning, and/or working. “Has a record of such impairment” means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major live activities. “Is regarded as having an impairment” is defined as having a physical or mental impairment that does not substantially limit one or more major life activities but is treated by a public entity (such as the PHA) as constituting such a limitation; has none of the impairments defined in this section but is treated by a public entity as having such an impairment; or has a physical or mental impairment that substantially limits one or more major life activities, only as a result of the attitudes of others toward that impairment.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

The definition of a person with disabilities does not include:
• Current illegal drug users
• People whose alcohol use interferes with the rights of others • Persons who objectively pose a direct threat or substantial risk of harm to others that cannot be controlled with a reasonable accommodation under the public housing program The above definition of disability determines whether an applicant or participant is entitled to any of the protections of federal disability civil rights laws. Thus, a person who does not meet this definition of disability is not entitled to a reasonable accommodation under federal civil rights and fair housing laws and regulations.

The HUD definition of a person with a disability is much narrower than the civil rights definition of disability. The HUD definition of a person with a disability is used for purposes of receiving the disabled family preference, the $400 elderly/disabled household deduction, the allowance for medical expenses, or the allowance for disability assistance expenses.

The definition of a person with a disability for purposes of granting a reasonable accommodation request is much broader than the HUD definition of disability. Many people will not qualify as a disabled person under the public housing program, yet an accommodation is needed to provide equal opportunity.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

Chapter 3

ELIGIBILITY

INTRODUCTION
The PHA is responsible for ensuring that every individual and family admitted to the public housing program meets all program eligibility requirements. This includes any individual approved to join the family after the family has been admitted to the program. The family must provide any information needed by the PHA to confirm eligibility and determine the level of the family’s assistance.

To be eligible for the public housing program:
• The applicant family must:
− Qualify as a family as defined by HUD and the PHA.
− Have income at or below HUD-specified income limits.
− Qualify on the basis of citizenship or the eligible immigrant status of family members. − Provide social security number information for household members as required. − Consent to the PHA’s collection and use of family information as provided for in PHAprovided consent forms. − Not receiving a duplicative subsidy.
− Meet net asset and property ownership restriction requirements. • The PHA must determine that the current or past behavior of household members does not include activities that are prohibited by HUD or the PHA.

This chapter contains three parts:

Part I: Definitions of Family and Household Members. This part contains HUD and PHA definitions of family and household members and explains initial and ongoing eligibility issues related to these members.

Part II: Basic Eligibility Criteria. This part discusses income eligibility, and rules regarding citizenship, social security numbers, and family consent.

Part III: Denial of Admission. This part covers factors related to an applicant’s past or current conduct (e.g., criminal activity) that can cause the PHA to deny admission as well as the asset limitation for public housing.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

This page intentionally left blank
Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS
3-I.A. OVERVIEW
Some eligibility criteria and program rules vary depending upon the composition of the family requesting assistance. In addition, some requirements apply to the family as a whole and others apply to individual persons who will live in the public housing unit. This part provides information that is needed to correctly identify family and household members and explains HUD's eligibility rules.
3-I.B. FAMILY AND HOUSEHOLD [24 CFR 5.105(a)(2), 24 CFR 5.403, FR Notice 02/03/12, Notice PIH 2014-20, Notice PIH 2023-27, and FR Notice 2/14/23] The terms family and household have different meanings in the public housing program.

Family
To be eligible for admission, an applicant must qualify as a family. Family as defined by HUD, includes but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status, a single person, who may be an elderly person, displaced person, disabled person, near-elderly person, or any other single person; an otherwise eligible youth who has attained at least 18 years of age and not more than 24 years of age and who has left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age 16 or older; or a group of persons residing together.

Such group includes, but is not limited to, a family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family), an elderly family, a near-elderly family, a disabled family, a displaced family, and the remaining member of a tenant family. The PHA has the discretion to determine if any other group of persons qualifies as a family.

Gender Identity means actual or perceived gender characteristics.

Sexual orientation means homosexuality, heterosexuality, or bisexuality.

HACN Policy
A family also includes two or more individuals who are not related by blood, marriage, adoption, or other operation of law, but who either can demonstrate that they have lived together previously or certify that each individual’s income and other resources will be available to meet the needs of the family.

Each family must identify the individuals to be included in the family at the time of application and must update this information if the family’s composition changes.

Household
Household is a broader term that includes additional people who, with the PHA’s permission, live in a public housing unit, such as live-in aides, foster children, and foster adults.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-I.C. FAMILY BREAKUP AND REMAINING MEMBER OF TENANT FAMILY Family Breakup
Except under the following conditions, the PHA has discretion to determine which members of an assisted family continue to receive assistance if the family breaks up:
• If the family breakup results from an occurrence of domestic violence, dating violence, sexual assault, stalking, or human trafficking, the PHA must ensure that the victim retains assistance. (For documentation requirements and policies related to domestic violence, dating violence, sexual assault, stalking, and human trafficking see section 16-VII.D of this ACOP.) • If a court determines the disposition of property between members of the assisted family, the PHA is bound by the court’s determination of which family members continue to receive assistance.

HACN Policy
When a family on the waiting list breaks up into two otherwise eligible families, only one of the new families may retain the original application date. Other former family members may submit a new application with a new application date if the waiting list is open.

If a family breaks up into two otherwise eligible families while living in public housing, only one of the new families will retain occupancy of the unit.

If a court determines the disposition of property between members of an applicant or resident family, the PHA will abide by the court's determination.

In the absence of a judicial decision or an agreement among the original family members, the PHA will determine which family will retain their placement on the waiting list or continue in occupancy. In making its determination, the PHA will take into consideration the following factors: (1) the interest of any minor children, including custody arrangements; (2) the interest of any ill, elderly, or disabled family members; (3) the interest of any family member who is or has been the victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking, including a family member who was forced to leave a public housing unit as a result of such actual or threatened abuse, and provides documentation in accordance with section 16-VII.D of this ACOP; (4) any possible risks to family members as a result of criminal activity, and (5) the recommendations of social service professionals.

Remaining Member of a Tenant Family [24 CFR 5.403]
The HUD definition of family includes the remaining member of a tenant family, which is a member of a resident family who remains in the unit when other members of the family have left the unit [PH Occ GB, p. 26]. Household members such as live-in aides, foster children, and foster adults do not qualify as remaining members of a family.

If dependents are the only “remaining members of a tenant family” and there is no family member able to assume the responsibilities of the head of household, see Chapter 6, Section 6- I.B, for the policy on “Caretakers for a Child.”
Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-I.D. HEAD OF HOUSEHOLD [24 CFR 5.504(b)]
Head of household means the adult member of the family who is considered the head for purposes of determining income eligibility and rent. The head of household is responsible for ensuring that the family fulfills all of its responsibilities under the program, alone or in conjunction with a cohead or spouse.

HACN Policy
The family may designate any qualified family member as the head of household.

The head of household must have the legal capacity to enter into a lease under state and local law. A minor who is emancipated under state law may be designated as head of household.
3-I.E. SPOUSE, COHEAD, AND OTHER ADULT
A family may have a spouse or cohead, but not both [HUD-50058 IB, p. 13].

Spouse means the marriage partner of the head of household.

HACN Policy
A marriage partner includes the partner in a "common law" marriage as defined in state law. The term “spouse” does not apply to friends, roommates, or significant others who are not marriage partners. A minor who is emancipated under state law may be designated as a spouse.

A cohead is an individual in the household who is equally responsible with the head of household for ensuring that the family fulfills all of its responsibilities under the program, but who is not a spouse. A family can have only one cohead.

HACN Policy
Minors who are emancipated under state law may be designated as a cohead.

Other adult means a family member, other than the head, spouse, or cohead, who is 18 years of age or older. Foster adults and live-in aides are not considered other adults [HUD-50058 IB, p. 14].

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-I.F. DEPENDENTS AND MINORS [24 CFR 5.603]
A minor is a member of the family, other than the head of family or spouse, who is under 18 years of age.

A dependent is a family member who is under 18 years of age or a person of any age who is a person with a disability or a full-time student, except that the following persons can never be dependents: the head of household, spouse, cohead, foster children/adults and live-in aides.

Identifying each dependent in the family is important because each dependent qualifies the family for a deduction from annual income as described in Chapter 6.

Joint Custody of Dependents
HACN Policy
Dependents that are subject to a joint custody arrangement will be considered a member of the family if they live with the applicant or resident family 50 percent or more of the time.

When more than one applicant or assisted family (regardless of program) are claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents. If there is a dispute about which family should claim them, the PHA will make the determination based on available documents such as court orders, an IRS income tax return showing which family has claimed the child for income tax purposes, school records, or other credible documentation.
3-I.G. FULL-TIME STUDENT [24 CFR 5.603]
A full-time student (FTS) is a person who is attending school or vocational training on a full-time basis. The time commitment or subject load that is needed to determine if attendance is full-time is defined by the educational institution.

Identifying each FTS is important because (1) each family member that is an FTS, other than the head, spouse, or cohead, qualifies the family for a dependent deduction and (2) the income of such an FTS is treated differently from the income of other family members.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-I.H. ELDERLY AND NEAR-ELDERLY PERSONS, AND ELDERLY FAMILY [24 CFR 5.100, 5.403, 945.105, and FR Notice 02/03/12]
Elderly Persons
An elderly person is a person who is at least 62 years of age.

Near-Elderly Persons
A near-elderly person is a person who is 50-61 years of age.

Elderly Family
An elderly family is one in which the head, spouse, cohead, or sole member is an elderly person.

Identifying elderly families is important because these families qualify for the elderly family allowance and the medical allowance as described in Chapter 6 and may qualify for a particular type of development as noted in Chapter 4.
3-I.I. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.403, FR Notice 02/03/12]
Persons with Disabilities
Under the public housing program, special rules apply to persons with disabilities and to any family whose head, spouse, or cohead is a person with disabilities. The technical definitions of individuals with handicaps and persons with disabilities are provided in Exhibit 3-1 at the end of this chapter. These definitions are used for a number of purposes including ensuring that persons with disabilities are not discriminated against based upon disability.

As discussed in Chapter 2, the PHA must make all aspects of the public housing program accessible to persons with disabilities and consider requests for reasonable accommodations when a person’s disability limits their full access to the unit, the program, or the PHA’s services.

Disabled Family
A disabled family is one in which the head, spouse, or cohead is a person with disabilities.

Identifying disabled families is important because these families qualify for the disabled family allowance and the medical allowance as described in Chapter 6 and may qualify for a particular type of development as noted in Chapter 4.

Even though persons with drug or alcohol dependencies are considered persons with disabilities for the purpose of non-discrimination, this does not prevent the PHA from denying admission or taking action under the lease for reasons related to alcohol and drug abuse in accordance with the policies found in Part III of this chapter and in Chapter 13.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-I.J. GUESTS [24 CFR 5.100]
A guest is defined as a person temporarily staying in the unit with the consent of a tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant.

The lease must provide that the tenant has the right to exclusive use and occupancy of the leased unit by the members of the household authorized to reside in the unit in accordance with the lease, including reasonable accommodation of their guests [24 CFR 966.4(d)]. The head of household is responsible for the conduct of visitors and guests, inside the unit as well as anywhere on or near PHA premises [24 CFR 966.4(f)].

HACN Policy
A resident family must notify the PHA when overnight guests will be staying in the unit for more than three days. A guest can remain in the unit no longer than 14 consecutive days or a total of 30 cumulative calendar days during any 12-month period. Notification must be made in writing and must include the guests’ names and other information deemed pertinent to perform a ‘soft’ background check of sex offender data bases to ensure the safety of other tenants. Registered sex offenders will not be permitted as guests.

A family may request an exception to this policy for valid reasons (e.g., care of a relative recovering from a medical procedure expected to last 20 consecutive days). An exception will not be made unless the family can identify and provide documentation of the residence to which the guest will return. Requests for exceptions will be approved at the discretion of the PHA
Children who are subject to a joint custody arrangement or for whom a family has visitation privileges, that are not included as a family member because they live outside of the public housing unit more than 50 percent of the time, are not subject to the time limitations of guests as described above.

Former residents who have been evicted are not permitted as overnight guests.

Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-I.K. FOSTER CHILDREN AND FOSTER ADULTS [24 CFR 5.603] A foster adult is a member of the household who is 18 years of age or older and meets the definition of a foster adult under state law. In general, a foster adult is a person who is 18 years of age or older, is unable to live independently due to a debilitating physical or mental condition and is placed with the family by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.

A foster child is a member of the household who meets the definition of a foster child under state law. In general, a foster child is placed with the family by an authorized placement agency (e.g., public child welfare agency) or by judgment, decree, or other order of any court of competent jurisdiction.

Foster children and foster adults that are living with an applicant or resident family are considered household members but not family members. The income of foster children/adults is not counted in family annual income and foster children/adults do not qualify for a dependent deduction [24 CFR 5.603 and HUD-50058 IB, pp. 13-14].

HACN Policy
A foster child or foster adult may be allowed to reside in the unit if their presence would not overcrowd the unit.

Children that are temporarily absent from the home as a result of placement in foster care are discussed in Section 3-I.L.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-I.L. ABSENT FAMILY MEMBERS
Individuals may be temporarily or permanently absent from the unit for a variety of reasons including educational activities, placement in foster care, employment, and illness.

Definitions of Temporarily and Permanently Absent
HACN Policy
Generally, an individual who is or is expected to be absent from the public housing unit for 180 consecutive days or less is considered temporarily absent and continues to be considered a family member. Generally, an individual who is or is expected to be absent from the public housing unit for more than 180 consecutive days is considered permanently absent and no longer a family member. Exceptions to this general policy are discussed below.

Absent Students
HACN Policy
When someone who has been considered a family member attends school away from home, the person will continue to be considered a family member unless information becomes available to the PHA indicating that the student has established a separate household, or the family declares that the student has established a separate household.

Absences Due to Placement in Foster Care [24 CFR 5.403] Children temporarily absent from the home as a result of placement in foster care are considered members of the family.

HACN Policy
If a child has been placed in foster care, the PHA will verify with the appropriate agency whether and when the child is expected to be returned to the home. Unless the agency confirms that the child has been permanently removed from the home, the child will be counted as a family member. In the event the PHA is unable to verify information with an agency, the responsible guardian for the minor may supply the verification via 3rd party documentation.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

Absent Head, Spouse, or Cohead
HACN Policy
An employed head, spouse, or cohead absent from the unit more than 180 consecutive days due to employment will continue to be considered a family member.

Individuals Confined for Medical Reasons
HACN Policy
An individual permanently confined to a nursing home or hospital may not be named a family head, spouse, or cohead but may continue to be a family member at the family’s discretion. The family has a choice with regard to how the permanently confined individual’s income will be counted. The family may choose either of the following:

Include the individual’s income and receive the allowable deductions related to the medical care of the permanently confined individual.

Exclude the individual’s income and do not receive the allowances related to the medical care of the permanently confined individual.

If there is a question about the status of a family member, the PHA will request verification from a responsible medical professional and will use this determination. If the responsible medical professional cannot provide a determination, the person generally will be considered temporarily absent. The family may present evidence that the family member is confined on a permanent basis and request that the person not be considered a family member.

Return of Permanently Absent Family Members
HACN Policy
The family must request PHA approval for the return of any adult family members that the PHA has determined to be permanently absent. The individual is subject to the eligibility and screening requirements discussed in this chapter.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-I.M. LIVE-IN AIDE
Live-in aide means a person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who: (1) is determined to be essential to the care and well-being of the person(s), (2) is not obligated for the support of the person(s), and (3) would not be living in the unit except to provide the necessary supportive services [24 CFR 5.403].

The PHA must approve a live-in aide if needed as a reasonable accommodation for a person with disabilities in accordance with 24 CFR 8.

A live-in aide is considered a household member but not a family member. The income of the live-in aide is not counted in determining the annual income of the family [24 CFR 5.609(c)(5)].

Relatives may be approved as live-in aides if they meet all of the criteria defining a live-in aide.

However, a relative who serves as a live-in aide is not considered a family member and would not be considered a remaining member of a tenant family.

HACN Policy
A family’s request for a live-in aide must be made in writing. The PHA will verify the need for a live-in aide, if necessary, with a reliable, knowledgeable professional as provided by the family, such as a doctor, social worker, or case worker, unless the disability-related need is apparent or known to the PHA. For continued approval, the family may be required to submit a new, written request—subject to PHA verification— at each annual reexamination.

In addition, the family and live-in aide will be required to submit a certification stating that the live-in aide is (1) not obligated for the support of the person(s) needing the care, and (2) would not be living in the unit except to provide the necessary supportive services.

The PHA has the discretion not to approve a particular person as a live-in aide, and may withdraw such approval, if [24 CFR 966.4(d)(3)(i)]:

The person commits fraud, bribery or any other corrupt or criminal act in connection with any federal housing program.

The person has a history of drug-related criminal activity, violent criminal activity, or is a registered sex offender; or
The person currently owes rent or other amounts to the PHA or to another PHA in connection with Section 8 or public housing assistance under the 1937 Act.

Within 10 business days of receiving a request for a live-in aide, including all required documentation related to the request, the PHA will notify the family of its decision in writing.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

PART II: BASIC ELIGIBILITY CRITERIA
3-II.A. INCOME ELIGIBILITY AND TARGETING
Income Limits
HUD is required by law to establish income limits that determine the income eligibility of applicants for HUD’s assisted housing programs, including the public housing program. The income limits are published annually and are based on HUD estimates of the median incomes for families of different sizes in a particular area or county.

Types of Low-Income Families [24 CFR 5.603(b)]
Low-income family. A family whose annual income does not exceed 80 percent of the median income for the area, adjusted for family size.

Very low-income family. A family whose annual income does not exceed 50 percent of the median income for the area, adjusted for family size.

Extremely low-income family. A family whose annual income does not exceed the federal poverty level or 30 percent of the median income for the area, whichever number is higher.

Area median income is determined by HUD, with adjustments for smaller and larger families.

HUD may establish income ceilings higher or lower than 30, 50, or 80 percent of the median income for an area if HUD finds that such variations are necessary because of unusually high or low family incomes.

HUD also publishes over-income limits annually, but these are not used at admission. Overincome limits will be discussed in Chapter 13.

Using Income Limits for Eligibility [24 CFR 960.201 and Notice PIH 2023-27] Income limits are used to determine eligibility at admission. Eligibility is established by comparing a family's annual income with HUD’s published income limits. To be incomeeligible, a family must be a low-income family. Income and net family assets of household members are excluded when determining income eligibility; however, household members are considered for purposes of unit size and occupancy standards.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

Using Income Limits for Targeting [24 CFR 960.202(b)]
At least 40 percent of the families admitted from the PHA waiting list to the public housing program during a PHA fiscal year must be extremely low-income families. This is called the “basic targeting requirement.”
If admissions of extremely low-income families to the PHA’s housing choice voucher program during a PHA fiscal year exceed the 75 percent minimum targeting requirement for that program, such excess shall be credited against the PHA’s public housing basic targeting requirement for the same fiscal year.

The fiscal year credit for housing choice voucher program admissions that exceed the minimum voucher program targeting requirement must not exceed the lower of:
• Ten percent of public housing waiting list admissions during the PHA fiscal year • Ten percent of waiting list admission to the PHA’s housing choice voucher program during the PHA fiscal year
• The number of qualifying low-income families who commence occupancy during the fiscal year of public housing units located in census tracts with a poverty rate of 30 percent or more. For this purpose, qualifying low-income family means a low-income family other than an extremely low-income family.

For discussion of how income targeting is used in tenant selection, see Chapter 4.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-II.B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5, Subpart E] Housing assistance is available only to individuals who are U.S. citizens, U.S. nationals (herein referred to as citizens and nationals), or noncitizens that have eligible immigration status. At least one family member must be a citizen, national, or noncitizen with eligible immigration status in order for the family to qualify for any level of assistance.

All applicant families must be notified of the requirement to submit evidence of their citizenship status when they apply. Where feasible, and in accordance with the PHA’s Limited English Proficiency Plan, the notice must be in a language that is understood by the individual if the individual is not proficient in English.

Declaration [24 CFR 5.508]
HUD requires each family member to declare whether the individual is a citizen, a national, or an eligible noncitizen, except those members who elect not to contend that they have eligible immigration status. Those who elect not to contend their status are considered to be ineligible noncitizens. For citizens, nationals and eligible noncitizens the declaration must be signed personally by the head, spouse, cohead, and any other family member 18 or older, and by a parent or guardian for minors. The family must identify, in writing, any family members who elect not to contend their immigration status (see Ineligible Noncitizens below). No declaration is required for live-in aides, foster children, or foster adults.

U.S. Citizens and Nationals
In general, citizens and nationals are required to submit only a signed declaration that claims their status. However, HUD regulations permit the PHA to request additional documentation of their status, such as a passport.

HACN Policy
Family members who declare citizenship or national status may be required to provide additional documentation for verification purposes.

Eligible Noncitizens
In addition to providing a signed declaration, those declaring eligible noncitizen status must sign a verification consent form and cooperate with PHA efforts to verify their immigration status as described in Chapter 7. The documentation required for establishing eligible noncitizen status varies depending upon factors such as the date the person entered the U.S., the conditions under which eligible immigration status has been granted, the person’s age, and the date on which the family began receiving HUD-funded assistance.

Lawful residents of the Marshall Islands, the Federated States of Micronesia, and Palau, together known as the Freely Associated States, or FAS, are eligible for housing assistance under section 141 of the Compacts of Free Association between the U.S. Government and the Governments of the FAS [Public Law 106-504].

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

Ineligible Noncitizens
Those noncitizens who do not wish to contend their immigration status are required to have their names listed on a noncontending family members listing, signed by the head, spouse, or cohead (regardless of citizenship status), indicating their ineligible immigration status. The PHA is not required to verify a family member’s ineligible status and is not required to report an individual’s unlawful presence in the U.S. to the United States Citizenship and Immigration Services (USCIS).

Providing housing assistance to noncitizen students is prohibited [24 CFR 5.522]. This prohibition extends to the noncitizen spouse of a noncitizen student as well as to minor children who accompany or follow to join the noncitizen student. Such prohibition does not extend to the citizen spouse of a noncitizen student or to the children of the citizen spouse and noncitizen student. Such a family is eligible for prorated assistance as a mixed family.

Mixed Families
A family is eligible for admission as long as at least one member is a citizen, national, or eligible noncitizen. Families that include eligible and ineligible individuals are considered mixed families. Such families will be given notice that their assistance will be prorated, and that they may request a hearing if they contest this determination. See Chapter 6 for a discussion of how rents are prorated, and Chapter 14 for a discussion of grievance hearing procedures.

Ineligible Families [24 CFR 5.514(d), (e), and (f)]
A PHA may elect to provide assistance to a family before the verification of the eligibility of the individual or one family member [24 CFR 5.512(b)]. Otherwise, no individual or family may be assisted prior to the affirmative establishment by the PHA that the individual or at least one family member is eligible [24 CFR 5.512(a)].

HACN Policy
The PHA will not provide assistance to a family before the verification of at least one family member as a citizen, national, or eligible noncitizen.

When a PHA determines that an applicant family does not include any citizens, nationals, or eligible noncitizens, following the verification process, the family will be sent a written notice within 10 business days of the determination.

The notice will explain the reasons for the denial of assistance and will advise the family of its right to request an appeal to the United States Citizenship and Immigration Services (USCIS), or to request a grievance hearing with the PHA. The grievance hearing with the PHA may be requested in lieu of the USCIS appeal, or at the conclusion of the USCIS appeal process. The notice must also inform the applicant family that assistance may not be delayed until the conclusion of the USCIS appeal process, but that it may be delayed pending the completion of the grievance hearing process.

Grievance hearing procedures are contained in Chapter 14.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

Time Frame for Determination of Citizenship Status [24 CFR 5.508(g)] For new occupants joining the resident family the PHA must verify status at the first interim or regular reexamination following the person’s occupancy, whichever comes first.

If an individual qualifies for a time extension for the submission of required documents, the PHA must grant such an extension for no more than 30 days [24 CFR 5.508(h)].

Each family member is required to submit evidence of eligible status only one time during continuous occupancy.

HACN Policy
The PHA will verify the status of applicants at the time other eligibility factors are determined.
3-II.C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 and 5.218, Notice PIH 2018-24] The applicant and all members of the applicant’s household must disclose the complete and accurate social security number (SSN) assigned to each household member, and the documentation necessary to verify each SSN. If a child under age six has been added to an applicant family within the six months prior to program admission, an otherwise eligible family may be admitted to the program and must disclose and document the child’s SSN within 90 days of admission. A detailed discussion of acceptable documentation is provided in Chapter 7.

Note: These requirements do not apply to noncitizens who do not contend eligible immigration status.

The PHA must deny assistance to an applicant family if they do not meet the SSN disclosure and documentation requirements contained in 24 CFR 5.216.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-II.D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230 and 24 CFR 5.232]
HUD requires each adult family member, and the head of household, spouse, or cohead, regardless of age, to sign form HUD-9886-A, Authorization for the Release of Information Privacy Act Notice, the form HUD-52675, Debts Owed to Public Housing Agencies and Terminations, and other consent forms as needed to collect information relevant to the family’s eligibility and level of assistance. Chapter 7 provides detailed information concerning the consent forms and verification requirements. The consent form remains effective until the family is denied assistance, assistance is terminated, or the family provides written notification to revoke consent.

The PHA must deny admission to the program if any member of the applicant family fails to sign and submit consent forms which allow the PHA to obtain information that the PHA has determined is necessary in administration of the public housing program [24 CFR 960.259(a) and (b) and 24 CFR 5.232(a)].

Upon the PHA’s HOTMA 102/104 compliance date, the following on revocation of consent is added:

However, this does not apply if the applicant or participant, or any member of their family, revokes their consent with respect to the ability of the PHA to access financial records from financial institutions, unless the PHA establishes a policy that revocation of consent to access financial records will result in denial of admission or termination of assistance [24 CFR 5.232(c)].

HACN Policy
The PHA has established a policy that the family’s revocation of consent to allow the PHA to access records from financial institutions will result in denial of admission.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-II.E. EIV SYSTEM SEARCHES [EIV FAQs; EIV System Training 9/30/20; and Notice PIH 2023-27]
Existing Tenant Search
Prior to admission to the program, the PHA must search for all household members using the EIV Existing Tenant Search module. The PHA must review the reports for any SSA matches involving another PHA or a multifamily entity and follow up on any issues identified. The PHA must provide the family with a copy of the Existing Tenant Search results if requested. At no time may any family member receive duplicative assistance.

If the tenant is a new admission to the PHA, and a match is identified at a multifamily property, the PHA must report the program admission date to the multifamily property and document the notification in the tenant file. The family must provide documentation of move-out from the assisted unit, as applicable.

HACN Policy
The PHA will contact the other PHA or owner identified in the report to confirm that the family has moved out of the unit and obtain documentation of current tenancy status, including a form HUD-50058 or 50059, as applicable, showing an end of participation.

The PHA will only approve assistance contingent upon the move-out from the currently occupied assisted unit.

Debts Owed to PHAs and Terminations
All adult household members must sign the form HUD-52675, Debts Owed to Public Housing and Terminations. Prior to admission to the program, the PHA must search for each adult family member in the Debts Owed to PHAs and Terminations module.

If a current or former tenant disputes the information in the module, the tenant should contact the PHA directly in writing to dispute the information and provide any documentation that supports the dispute. If the PHA determines that the disputed information is incorrect, the PHA will update or delete the record from EIV. Former tenants may dispute debt and termination information for a period of up to three years from the end of participation date in the program.

HACN Policy
The PHA will require each adult household member to sign the form HUD-52675 once at the eligibility determination. Any new members added to the household after admission will be required to sign the form HUD-52675 prior to being added to the household.

The PHA will search the Debts Owed to PHAs and Terminations module as part of the eligibility determination for new households and as part of the screening process for any household members added after the household is admitted to the program. If any information on debts or terminations is returned by the search, the PHA will determine if this information warrants a denial in accordance with the policies in Part III of this chapter.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

EIV Income Reports
For each new admission, the PHA is required to review income information in EIV to confirm and validate family reported income within 120 days after the move-in information is transmitted to HUD of the IMS/PIC submission date of the new admission. The PHA must print and maintain copies of the reports in the tenant file and resolve any discrepancies with the family Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

PART III: DENIAL OF ADMISSION
3-III.A. OVERVIEW
A family that does not meet the eligibility criteria discussed in Parts I and II must be denied admission.

In addition, HUD requires or permits the PHA to deny admission based on certain types of current or past behaviors of family members as discussed in this part. The PHA’s authority in this area is limited by the Violence against Women Act (VAWA), which prohibits the denial of admission to an otherwise qualified applicant on the basis or as a direct result of the fact that the applicant is or has been the victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking [see 24 CFR 5.2005(b)].

While the regulations state that the PHA must prohibit admission for certain types of criminal activity and give the PHA the option to deny for other types of previous criminal history, more recent HUD rules and OGC guidance must also be taken into consideration when determining whether a particular individual’s criminal history merits denial of admission.

When considering any denial of admission, PHAs may not use arrest records as the basis for the denial. Further, HUD does not require the adoption of “One Strike” policies and reminds PHAs of their obligation to safeguard the due process rights of applicants and tenants [Notice PIH 2015-19].

HUD’s Office of General Counsel issued a memo on April 4, 2016, regarding the application of Fair Housing Act standards to the use of criminal records. This memo states that a PHA violates the Fair Housing Act when their policy or practice has an unjustified discriminatory effect, even when the PHA had no intention to discriminate. Where a policy or practice that restricts admission based on criminal history has a disparate impact on a particular race, national origin, or other protected class, that policy or practice is in violation of the Fair Housing Act if it is not necessary to serve a substantial, legitimate, nondiscriminatory interest of the PHA, or if that interest could be served by another practice that has a less discriminatory effect [OGC Memo 4/4/16]. HUD codified this stance on disparate impact and discriminatory effects in a final rule dated March 31, 2023. In doing so, HUD also standardized its long-practiced three-step approach to assessing burdens of proof.

PHAs who impose blanket prohibitions on any person with any conviction record, no matter when the conviction occurred, what the underlying conduct entailed, or what the convicted person has done since then will be unable to show that such policy or practice is necessary to achieve a substantial, legitimate, nondiscriminatory interest. Even a PHA with a more tailored policy or practice that excludes individuals with only certain types of convictions must still prove that its policy is necessary. To do this, the PHA must show that its policy accurately distinguishes between criminal conduct that indicates a demonstrable risk to resident safety and property and criminal conduct that does not.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

This part covers the following topics:
• Required denial of admission
• The asset limitation in public housing
• Other permitted reasons for denial of admission
• Screening
• Criteria for deciding to deny admission
• Prohibition against denial of admission to victims of domestic violence, dating violence, sexual assault, stalking, or human trafficking
• Notice of eligibility or denial
3-III.B. REQUIRED DENIAL OF ADMISSION [24 CFR 960.204]
PHAs are required to establish standards that prohibit admission of an applicant to the public housing program if they have engaged in certain criminal activity or if the PHA has reasonable cause to believe that a household member’s current use or pattern of use of illegal drugs, or current abuse or pattern of abuse of alcohol may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.

Where the statute requires that the PHA prohibit admission for a prescribed period of time after some disqualifying behavior or event, the PHA may choose to continue that prohibition for a longer period of time [24 CFR 960.203(c)(3)(ii)].

HUD requires the PHA to deny assistance in the following cases:
• Any member of the household has been evicted from federally assisted housing in the last three years for drug-related criminal activity. HUD permits but does not require the PHA to admit an otherwise-eligible family if the household member has completed a PHA-approved drug rehabilitation program or the circumstances which led to eviction no longer exist (e.g. the person involved in the criminal activity no longer lives in the household).

HACN Policy
The PHA will admit an otherwise-eligible family who was evicted from federally assisted housing within the past five years for drug-related criminal activity, if the PHA is able to verify that the household member who engaged in the criminal activity has completed a supervised drug rehabilitation program approved by the PHA, or the person who committed the crime is no longer living in the household. • The PHA determines that any household member is currently engaged in the use of illegal drugs. Drug means a controlled substance as defined in section 102 of the Controlled Substances Act [21 U.S.C. 802]. Currently engaged in the illegal use of a drug means a person has engaged in the behavior recently enough to justify a reasonable belief that there is continuing illegal drug use by a household member [24 CFR 960.205(b)(1)].

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

HACN Policy
Currently engaged in is defined as any use of illegal drugs during the previous three months, exceptions may be made if the applicant is enrolled in, and compliant with treatment.
• The PHA has reasonable cause to believe that any household member's current use or pattern of use of illegal drugs, or current abuse or pattern of abuse of alcohol, may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.

HACN Policy
In determining reasonable cause, the PHA will consider all credible evidence, including but not limited to, any record of convictions, arrests, or evictions of household members related to the use of illegal drugs or the abuse of alcohol. A record or records of arrest will not be used as the sole basis for the denial or proof that the applicant engaged in disqualifying criminal activity. The PHA will also consider evidence from treatment providers or community-based organizations providing services to household members. • Any household member has ever been convicted of drug-related criminal activity for the production or manufacture of methamphetamine on the premises of federally assisted housing.
• Any household member is subject to a registration requirement under a state lifetime sex offender registration program.
• Any household member has a history of alcohol abuse that a responsible entity reasonably believes threatens the health, safety or right to peaceful enjoyment of the property Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-III.C. RESTRICTION ON ASSSITANCE BASED ON ASSETS [24 CFR 5.618] There are two circumstances under which a family is ineligible for the program based on asset ownership.

First, assistance may not be provided to any family if the family’s net assets exceed the HUDpublished asset limitation amount (adjusted annually by HUD). This amount is listed in HUD’s current year Inflation-Adjusted Values tables
Second, the family has real property that is suitable for occupancy by the family as a residence and the family has:
• A present ownership interest in the real property;
• A legal right to reside in the real property; and
• The effective legal authority to sell (based on state or local laws of the jurisdiction where the property is located) the real property.

The PHA does not have the discretion not to enforce or provide limited enforcement of the asset limitation at admission. However, the real property restriction does not apply in the following circumstances:
• Any property for which the family is receiving assistance for a manufactured home under 24 CFR 982.620 or under the HCV Homeownership program;
• Any property that is jointly owned by a member of the family and at least one non-household member who does not live with the family, if the non-household member resides at the jointly owned property.
• Any family that is offering the property for sale; or • Any person who is a victim of domestic violence, dating violence, sexual assault, or stalking. - When a family asks for an exception because a family member is a victim of domestic violence, dating violence, sexual assault, or stalking, the PHA must comply with all the confidentiality requirements under VAWA. The PHA must accept a self-certification from the family member, and the restrictions on requesting documentation under VAWA apply.

A property is considered suitable for occupancy unless the family demonstrates that it:
• Does not meet the disability-related needs for all members of the family (e.g., physical accessibility requirements, disability-related need for additional bedrooms, proximity to accessible transportation, etc.).
• Is not sufficient for the size of the family.

HACN Policy
The PHA defines not sufficient for the size of the family as being overcrowded based on the PHA’s occupancy standards in Chapter 5.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

• It is geographically located so as to be a hardship for the family (e.g., the distance or commuting time between the property and the family’s place of work or school would be a hardship to the family, as determined by the PHA or owner); HACN Policy
In general, the PHA defines a geographic hardship to include when a family members’ work, school, health care provider, or other necessary service is located an unreasonable distance from the real property or there is a lack of adequate transportation options for the family to access work, school, health care, or other necessary services. The PHA will consider circumstantial details a family faces when determining whether a geographical hardship is present.
• It is not safe to reside in because of the physical condition of the property (e.g., property’s physical condition poses a risk to the family’s health and safety, and the condition of the property cannot be easily remedied); or
• It is not a property that a family may reside in under the State or local laws of the jurisdiction where the property is located.

If a family meets one of the above exceptions, the real property is not automatically excluded from the calculation of net family assets. Unless the real property is specifically excluded from net family assets as described in 24 CFR 5.603 and Chapter 6 of this policy, it will be included in net family assets. If the value of that real property brings the net family assets above the HUDpublished asset limitation amount, the family is out of compliance with the asset limitation.

See Chapter 7 for information on verifying net family assets for purposes of the asset limitation.

HUD permits but does not require the PHA to deny admission for the reasons discussed in this section.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-III.D. OTHER PERMITTED REASONS FOR DENIAL OF ADMISSION Criminal Activity [24 CFR 960.203]
The PHA is responsible for screening family behavior and suitability for tenancy. In doing so, the PHA may consider an applicant’s history of criminal activity involving crimes of physical violence to persons or property and other criminal acts which would adversely affect the health, safety, or welfare of other tenants.

HACN Policy
If any household member is currently engaged in or has engaged in any of the following criminal activities within the past five years, the family will be denied admission.

Drug-related criminal activity, defined by HUD as the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug [24 CFR 5.100].

Violent criminal activity, defined by HUD as any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage [24 CFR 5.100].

Criminal activity that may threaten the health, safety, or welfare of other tenants [24 CFR 960.203(c)(3)].

Criminal activity that may threaten the health or safety of PHA staff, contractors, subcontractors, or agents.

Criminal sexual conduct, including but not limited to sexual assault, incest, open and gross lewdness, or child abuse. Certain Sex offenses, regardless of registration requirements, may be ground for denial.

Evidence of such criminal activity includes, but is not limited to:

Any record of convictions, arrests, or evictions for suspected drug-related or violent criminal activity of household members within the past five years.

A record or records of arrest will not be used as the sole basis for the denial or proof that the applicant engaged in disqualifying criminal activity.

In making its decision to deny assistance, the PHA will consider the factors discussed in Sections 3-III.F and 3-III.G. Upon consideration of such factors, the PHA may, on a caseby-case basis, decide not to deny assistance.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

Previous Behavior [960.203(c) and (d) and PH Occ GB, p. 48] HUD authorizes the PHA to deny admission based on relevant information pertaining to the family’s previous behavior and suitability for tenancy.

In the event of the receipt of unfavorable information with respect to an applicant, the PHA must consider the time, nature, and extent of the applicant’s conduct (including the seriousness of the offense). As discussed in Section 3-III.F, the PHA may also need to consider whether the cause of the unfavorable information may be that the applicant is the victim of domestic violence, dating violence, sexual assault, or stalking.

HACN Policy
The PHA will deny admission to an applicant family if the PHA determines that the family:

Has a pattern of unsuitable past performance in meeting financial obligations, including rent within the past five years.

Has a pattern of disturbance of neighbors, destruction of property, or living or housekeeping habits at prior residences within the past five years which may adversely affect the health, safety, or welfare of other tenants.

Owes rent or other amounts to this or any other PHA or owner in connection with any assisted housing program.

Misrepresented or does not provide complete information related to eligibility, including income, award of preferences for admission, expenses, family composition or rent.

Has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program in the last five years.

Owes rent or other amounts to any PHA in connection with Section 8, public housing, or other public housing assistance under the 1937 Act, unless the family repays the full amount of the debt prior to being selected from the waiting list.

Has engaged in or threatened violent or abusive behavior toward PHA personnel.

Abusive or violent behavior towards PHA personnel includes verbal as well as physical abuse or violence. Use of racial epithets, or other language, written or oral, that is customarily used to intimidate may be considered abusive or violent behavior.

Threatening refers to oral or written threats or physical gestures that communicate intent to abuse or commit violence
When denying admission due to family debts as shown in HUD’s EIV system, the PHA will provide the family with a copy of the EIV Debt Owed to PHA and Termination report.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

If the family wishes to dispute the information in the report, the family must contact the PHA that entered the information in EIV in writing, explaining why EIV information is disputed. The family must also provide a copy of the letter and all applicable verification to the PHA to support the family’s claim. The PHA will consider the information provided by the family prior to issuing a notice of denial.

In making its decision to deny admission, the PHA will consider the factors discussed in Sections 3-III.F and 3-III.G. Upon consideration of such factors, the PHA may, on a caseby-case basis, at the sole discretion of the PHA, decide not to deny admission.

The PHA will consider the existence of mitigating factors, such as loss of employment or other financial difficulties, before denying admission to an applicant based on the failure to meet prior financial obligations.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-III.E. SCREENING
Screening for Eligibility
PHAs are authorized to obtain criminal conviction records from law enforcement agencies to screen applicants for admission to the public housing program. This authority assists the PHA in complying with HUD requirements and PHA policies to deny assistance to applicants who are engaging in or have engaged in certain criminal activities. In order to obtain access to the records the PHA must require every applicant family to submit a consent form signed by each adult household member [24 CFR 5.903].

The PHA may not pass along to the applicant the costs of a criminal records check [24 CFR 960.204(d)].

HACN Policy
The PHA will perform criminal background checks through public records for all adult household members.

If the results of the criminal background check indicate there may have been past criminal activity, but the results are inconclusive, the PHA may request a fingerprint card and will request information from the National Crime Information Center (NCIC).

PHAs are required to perform criminal background checks necessary to determine whether any household member is subject to a lifetime registration requirement under a state sex offender program in the state where the housing is located, as well as in any other state where a household member is known to have resided [24 CFR 960.204(a)(4)].

HACN Policy
The PHA will use the Dru Sjodin National Sex Offender, and any other available sex offender databases to screen applicants for admission.

Additionally, PHAs must ask whether the applicant, or any member of the applicant’s household, is subject to a lifetime registered sex offender registration requirement in any state [Notice PIH 2012-28].

If the PHA proposes to deny admission based on a criminal record or on lifetime sex offender registration information, the PHA must notify the household of the proposed action and must provide the subject of the record and the applicant a copy of the record and an opportunity to dispute the accuracy and relevance of the information prior to a denial of admission [24 CFR

5.903(f) and 5.905(d)].

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

Obtaining Information from Drug Treatment Facilities [24 CFR 960.205] HUD authorizes PHAs to request and obtain information from drug abuse treatment facilities concerning applicants. Specifically, the PHA may require each applicant to submit for all household members who are at least 18 years of age, and for each family head, spouse, or cohead regardless of age, one or more consent forms signed by such household members that requests any drug abuse treatment facility to inform the PHA whether the drug abuse treatment facility has reasonable cause to believe that the household member is currently engaging in illegal drug use.

Drug Abuse Treatment Facility means an entity that holds itself out as providing, and provides, diagnosis, treatment, or referral for treatment with respect to the illegal drug use, and is either an identified unit within a general care facility, or an entity other than a general medical care facility.

Currently engaging in illegal use of a drug means illegal use of a drug that occurred recently enough to justify a reasonable belief that there is continuing illegal drug use by a household member.

Any consent form used for the purpose of obtaining information from a drug abuse treatment facility to determine whether a household member is currently engaging in illegal drug use must expire automatically after the PHA has made a final decision to either approve or deny the admission of such person.

Any charges incurred by the PHA for information provided from a drug abuse treatment facility may not be passed on to the applicant or tenant.

If the PHA chooses to obtain such information from drug abuse treatment facilities, it must adopt and implement one of the two following policies:

Policy A: The PHA must submit a request for information to a drug abuse treatment facility for all families before they are admitted. The request must be submitted for each proposed household member who is at least 18 years of age, and for each family head, spouse, or cohead regardless of age.

Policy B: The PHA must submit a request for information only for certain household members, whose criminal record indicates prior arrests or conviction for any criminal activity that may be a sole basis for denial of admission or whose prior tenancy records indicate that the proposed household member engaged in destruction of property or violent activity against another person, or they interfered with the right of peaceful enjoyment of the premises of other residents.

If the PHA chooses to obtain such information, it must abide by the HUD requirements for records management and confidentiality as described in 24 CFR 960.205(f).

HACN Policy
The PHA will request, before any family is admitted, information from drug abuse treatment facilities to determine whether certain household members are currently engaging in illegal drug activity.

The PHA will only request such information for household members whose criminal record indicates prior arrests or conviction for any criminal activity that may be a basis for denial of admission or whose prior tenancy records indicate that the proposed Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

household member engaged in destruction of property or violent activity against another person, or they interfered with the right of peaceful enjoyment of the premises of other residents. Such household members will be required to sign one or more consent forms that request any drug abuse treatment facility to inform the PHA of such information Screening for Suitability as a Tenant [24 CFR 960.203(c)] The PHA is responsible for the screening and selection of families to occupy public housing units. The PHA may consider all relevant information. Screening is important to public housing communities and program integrity, and to ensure that assisted housing is provided to those families that will adhere to lease obligations.

HACN Policy
The PHA will consider the family’s history with respect to the following factors:

Payment of rent and utilities
Caring for a unit and premises
Respecting the rights of other residents to the peaceful enjoyment of their housing Criminal activity that is a threat to the health, safety, or property of others Behavior of all household members as related to the grounds for denial as detailed in Sections 3-III. B and C
Compliance with any other essential conditions of tenancy Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

Resources Used to Check Applicant Suitability [PH Occ GB, pp. 47-56] PHAs have a variety of resources available to them for determination of the suitability of applicants. Generally, PHAs should reject applicants who have recent behavior that would warrant lease termination for a public housing resident.

HACN Policy
In order to determine the suitability of applicants the PHA will examine applicant history for the past three years. Such background checks may include:

Past Performance in Meeting Financial Obligations, Especially Rent PHA and landlord references for the past five years, gathering information about past performance meeting rental obligations such as rent payment record, late payment record, whether the PHA/landlord ever began or completed lease termination for non-payment, and whether utilities were ever disconnected in the unit. PHAs and landlords will be asked if they would rent to the applicant family again.

Utility company references covering the monthly amount of utilities, late payment, disconnection, return of a utility deposit and whether the applicant can get utilities turned on in their name. (Use of this inquiry will be reserved for applicants applying for units where there are tenant-paid utilities.)
The PHA may check court records of eviction actions and other financial judgments, and credit reports, even if an applicant has no rental history. A lack of credit history will not disqualify someone from becoming a public housing resident, but a poor credit rating may.

Applicants with no rental payment history will also be asked to provide the PHA with personal references. The references will be requested to complete a verification of the applicant’s ability to pay rent if no other documentation of ability to meet financial obligations is available. The applicant will also be required to complete a checklist documenting their ability to meet financial obligations.

If previous landlords or the utility company do not respond to requests from the PHA, the applicant may provide other documentation that demonstrates their ability to meet financial obligations (e.g. rent receipts, cancelled checks, etc.)
Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

Disturbances of Neighbors, Destruction of Property or Living or Housekeeping Habits at Prior Residences that May Adversely Affect Health, Safety, or Welfare of Other Tenants, or Cause Damage to the Unit or the Development PHA and landlord references for the past five years, gathering information on whether the applicant kept a unit clean, safe and sanitary; whether they violated health or safety codes; whether any damage was done by the applicant to a current or previous unit or the development, and, if so, how much the repair of the damage cost; whether the applicant’s housekeeping caused insect or rodent infestation; and whether the neighbors complained about the applicant or whether the police were ever called because of disturbances.

Police and court records within the past five years may be used to check for any evidence of disturbance of neighbors or destruction of property that might have resulted in arrest or conviction. A record or records of arrest will not be used as the sole basis for the denial or proof that the applicant engaged in disqualifying activity.

A personal reference will be requested to complete a verification of the applicant’s ability to care for the unit and avoid disturbing neighbors if no other documentation is available. In these cases, the applicant will also be required to complete a checklist documenting their ability to care for the unit and to avoid disturbing neighbors.

Home visits may be used to determine the applicant’s ability to care for the unit.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-III.F. CRITERIA FOR DECIDING TO DENY ADMISSION
Evidence
HACN Policy
The PHA will use the preponderance of the evidence as the standard for making all admission decisions.

Preponderance of the evidence is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.

Preponderance of the evidence may not be determined by the number of witnesses, but by the greater weight of all evidence.

Consideration of Circumstances [24 CFR 960.203(c)(3) and (d)] HUD authorizes the PHA to consider all relevant circumstances when deciding whether to deny admission based on a family’s past history except in the situations for which denial of admission is mandated (see Section 3-III.B).

In the event the PHA receives unfavorable information with respect to an applicant, consideration must be given to the time, nature, and extent of the applicant’s conduct (including the seriousness of the offense). In a manner consistent with its policies, PHAs may give consideration to factors which might indicate a reasonable probability of favorable future conduct.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

HACN Policy
The PHA may consider the following facts and circumstances prior to making its decision:

The seriousness of the case, especially with respect to how it would affect other residents’ safety or property
The effects that denial of admission may have on other members of the family who were not involved in the action or failure to act
The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities, or (as discussed further in section 3-III.F) a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking The length of time since the violation occurred, including the age of the individual at the time of the conduct, as well as the family’s recent history and the likelihood of favorable conduct in the future
While a record or records of arrest will not be used as the sole basis for denial, an arrest may trigger an investigation to determine whether the applicant actually engaged in disqualifying criminal activity. As part of its investigation, the PHA may obtain the police report associated with the arrest and consider the reported circumstances of the arrest. The PHA may also consider:

Any statements made by witnesses or the applicant not included in the police report
Whether the arrest was reported to the PHA
Whether criminal charges were filed
Whether, if filed, criminal charges were abandoned, dismissed, not prosecuted, or ultimately resulted in an acquittal
Any other evidence relevant to determining whether or not the applicant engaged in disqualifying activity
Evidence of criminal conduct will be considered if it indicates a demonstrable risk to safety and/or property
Evidence of the applicant family’s participation in or willingness to participate in social service or other appropriate counseling service programs In the case of drug or alcohol abuse, whether the culpable household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program or has otherwise been rehabilitated successfully The PHA will require the applicant to submit evidence of the household member’s current participation in or successful completion of a supervised drug or alcohol rehabilitation program, or evidence of otherwise having been rehabilitated successfully.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

Removal of a Family Member’s Name from the Application
Should the PHA’s screening process reveal that an applicant’s household includes an individual subject to state lifetime registered sex offender registration, the PHA must offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, the PHA must deny admission to the family [Notice PIH 2012-28].

For other criminal activity, the PHA may permit the family to exclude the culpable family members as a condition of eligibility. [24 CFR 960.203(c)(3)(i)].

HACN Policy
As a condition of receiving assistance, a family may agree to remove the culpable family member from the application. In such instances, the head of household must certify that the family member will not be permitted to visit or to stay as a guest in the public housing unit.

After admission to the program, the family must present evidence of the former family member’s current address upon PHA request. The PHA may terminate assistance if it is found the family member continues to reside in, or has returned to the unit.

Reasonable Accommodation [PH Occ GB, pp. 58-60]
If the family includes a person with disabilities, the PHA’s decision concerning denial of admission is subject to consideration of reasonable accommodation in accordance with 24 CFR Part 8.

HACN Policy
If the family indicates that the behavior of a family member with a disability is the reason for the proposed denial of admission, the PHA will determine whether the behavior is related to the disability. If so, upon the family’s request, the PHA will determine whether alternative measures are appropriate as a reasonable accommodation. The PHA will only consider accommodations that can reasonably be expected to address the behavior that is the basis of the proposed denial of admission. Alternative measures as a reasonable accommodation will be considered on a case by case basis, at the sole discretion of the PHA. See Chapter 2 for a discussion of reasonable accommodation.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-III.G. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF

DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, STALKING, AND

HUMAN TRAFFICKING
The Violence against Women Act (VAWA) and the HUD regulation at 24 CFR 5.2005(b) prohibit PHAs from denying admission to an otherwise qualified applicant on the basis or as a direct result of the fact that the applicant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking.
• Although the VAWA 2022 statute does not specifically include human trafficking in the list of victims protected under VAWA, in 2022 HUD began including human trafficking as part of the list of victims protected under VAWA (as seen in Notices PIH 2022-06, PIH 2022-22, and PIH 2022-24). In the absence of a final rule implementing VAWA 2022 and to mirror HUD’s recent usage, this policy includes human trafficking in addition to domestic violence, dating violence, sexual assault, and stalking anywhere such a list appears.

Definitions of key terms used in VAWA are provided in section 16-VII of this ACOP, where general VAWA requirements and policies pertaining to notification, documentation, and confidentiality are also located.

Notification
VAWA requires PHAs to provide applicants who are denied assistance with a VAWA Notice of Occupancy Rights (form HUD-5380) and a domestic violence certification form (HUD-5382) at the time the applicant is denied.

HACN Policy
The PHA acknowledges that a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking may have an unfavorable history (e.g., a poor credit history, poor rental history, a record of previous damage to an apartment, a prior arrest record) due to adverse factors that would warrant denial under the PHA’s policies.

While the PHA is not required to identify whether adverse factors that resulted in the applicant’s denial are a result of domestic violence, dating violence, sexual assault, stalking, or human trafficking, the applicant may inform the PHA that their status as a victim is directly related to the grounds for the denial. The PHA will request that the applicant provide enough information to the PHA to allow the PHA to make an objectively reasonable determination, based on all circumstances, whether the adverse factor is a direct result of their status as a victim.

The PHA will include in its notice of denial information about the protection against denial provided by VAWA in accordance with section 16-VII.C of this ACOP, a notice of VAWA rights, and a copy of the form HUD-5382. The PHA will request in writing that an applicant wishing to claim this protection notify the PHA within 10 business days.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

Documentation
Victim Documentation [24 CFR 5.2007]
HACN Policy
If an applicant claims the protection against denial of admission that VAWA provides to victims of domestic violence, dating violence, sexual assault, stalking, or human trafficking, the PHA will request in writing that the applicant provide documentation supporting the claim in accordance with section 16-VII.D of this ACOP.

Perpetrator Documentation
HACN Policy
If the perpetrator of the abuse is a member of the applicant family, the applicant must provide additional documentation consisting of one of the following:

A signed statement (1) requesting that the perpetrator be removed from the application and (2) certifying that the perpetrator will not be permitted to visit or to stay as a guest in the public housing unit
Documentation that the perpetrator has successfully completed, or is successfully undergoing, rehabilitation or treatment. The documentation must be signed by an employee or agent of a domestic violence service provider or by a medical or other knowledgeable professional from whom the perpetrator has sought or is receiving assistance in addressing the abuse. The signer must attest under penalty of perjury to their belief that the rehabilitation was successfully completed or is progressing successfully. The victim and perpetrator must also sign or attest to the documentation.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

3-III.H. NOTICE OF ELIGIBILITY OR DENIAL
The PHA will notify an applicant family of its final determination of eligibility in accordance with the policies in Section 4-III.E.

If a PHA uses a criminal record or sex offender registration information obtained under 24 CFR 5, Subpart J, as the basis of a denial, the applicant will be informed they have the opportunity to obtain a copy if the record as well as to dispute the accuracy and relevance of the information In addition, a copy of the record must be provided to the subject of the record [24 CFR 5.903(f) and

5.905(d)].

HACN Policy
If, based on a criminal record or sex offender registration information an applicant family appears to be ineligible, the PHA will notify the family in writing of the proposed denial and provide a copy of the record to the applicant and to the subject of the record. The family will be given 10 business days to dispute, in writing, the accuracy and relevance of the information.

Notice requirements related to denying admission to noncitizens are contained in Section 3-II.B.

Notice policies related to denying admission to applicants who may be victims of domestic violence, dating violence, sexual assault, stalking or human trafficking are contained in Section 3-III.F.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

EXHIBIT 3-1: DETAILED DEFINITIONS RELATED TO DISABILITIES Person with Disabilities [24 CFR 5.403]
The term person with disabilities means a person who has any of the following types of conditions.
• Has a disability, as defined in 42 U.S.C. Section 423(d)(1)(A), which reads:

Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months
In the case of an individual who has attained the age of 55 and is blind (within the meaning of “blindness” as defined in section 416(i)(1) of this title), inability by reason of such blindness to engage in substantial gainful activity, requiring skills or ability comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time.
• Has a developmental disability as defined in the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C.15002(8)], which defines developmental disability in functional terms as follows:
(A)IN GENERAL – The term developmental disability means a severe, chronic disability of an individual that-
(i) is attributable to a mental or physical impairment or combination of mental and physical impairments;
(ii) is manifested before the individual attains age 22; (iii) is likely to continue indefinitely;
(iv) results in substantial functional limitations in 3 or more of the following areas of major life activity: (I) self-care, (II) receptive and expressive language, (III) learning, (IV) mobility, (V) self-direction, (VI) capacity for independent living, (VII) economic self-sufficiency; and
(v) reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. (B) INFANTS AND YOUNG CHILDREN – An individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting 3 or more of the criteria described in clauses (i) through (v) of subparagraph (A) if the individual, without services and supports, has a high probability of meeting those criteria later in life. • Has a physical, mental, or emotional impairment that is expected to be of long-continued and indefinite duration; substantially impedes their ability to live independently, and is of such a nature that the ability to live independently could be improved by more suitable housing conditions.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/ 2026
City of Needles

People with the acquired immunodeficiency syndrome (AIDS) or any conditions arising from the etiologic agent for AIDS are not excluded from this definition.

A person whose disability is based solely on any drug or alcohol dependence does not qualify as a person with disabilities for the purposes of this program.

For purposes of reasonable accommodation and program accessibility for persons with disabilities, the term person with disabilities refers to an individual with handicaps.

Individual with Handicaps [24 CFR 8.3]
Individual with handicaps means any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment. The term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents the individual from participating in the program or activity in question, or whose participation, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.

As used in this definition, the phrase:
(1) Physical or mental impairment includes:
(a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine (b) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism. (2) Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. (3) Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(4) Is regarded as having an impairment means:
(a) Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by a recipient as constituting such a limitation (b) Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment (c) Has none of the impairments defined in paragraph (a) of this section but is treated by a recipient as having such an impairment
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

Chapter 4

APPLICATIONS, WAITING LIST AND TENANT SELECTION

INTRODUCTION
When a family wishes to reside in public housing, the family must submit an application that provides the PHA with the information needed to determine the family’s eligibility. HUD requires the PHA to place all eligible families that apply for public housing on a waiting list.

When a unit becomes available, the PHA must select families from the waiting list in accordance with HUD requirements and PHA policies as stated in its Admissions and Continued Occupancy Policy (ACOP) and its annual plan.

The PHA is required to adopt a clear approach to accepting applications, placing families on the waiting list, and selecting families from the waiting list, and must follow this approach consistently. The actual order in which families are selected from the waiting list can be affected if a family has certain characteristics designated by HUD or the PHA to receive preferential treatment.

HUD regulations require that the PHA comply with all equal opportunity requirements and it must affirmatively further fair housing goals in the administration of the program [24 CFR 960.103, PH Occ GB p. 13]. Adherence to the selection policies described in this chapter ensures that the PHA will be in compliance with all relevant fair housing requirements, as described in Chapter 2.

This chapter describes HUD and PHA policies for accepting applications, managing the waiting list and selecting families from the waiting list. The PHAs policies for assigning unit size and making unit offers are contained in Chapter 5. Together, Chapters 4 and 5 of the ACOP comprise the PHA’s Tenant Selection and Assignment Plan (TSAP).

The policies outlined in this chapter are organized into three sections, as follows:

Part I: The Application Process. This part provides an overview of the application process and discusses how applicants can obtain and submit applications. It also specifies how the PHA will handle the applications it receives.

Part II: Managing the Waiting List. This part presents the policies that govern how the PHA’s waiting list is structured, when it is opened and closed, and how the public is notified of the opportunity to apply for public housing. It also discusses the process the PHA will use to keep the waiting list current.

Part III: Tenant Selection. This part describes the policies that guide the PHA in selecting families from the waiting list as units become available. It also specifies how in-person interviews will be used to ensure that the PHA has the information needed to make a final eligibility determination.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

This page intentionally left blank
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

PART I: THE APPLICATION PROCESS
4-I.A. OVERVIEW
This part describes the policies that guide the PHA’s efforts to distribute and accept applications, and to make preliminary determinations of applicant family eligibility that affect placement of the family on the waiting list. This part also describes the PHA’s obligation to ensure the accessibility of the application process.
4-I.B. APPLYING FOR ASSISTANCE
Any family that wishes to reside in public housing must apply for admission to the program [24 CFR 1.4(b)(2)(ii), 24 CFR 960.202(a)(2)(iv), and PH Occ GB, p. 68]. HUD permits the PHA to determine the format and content of its applications, as well as how such applications will be made available to interested families and how applications will be accepted by the PHA.

However, the PHA must include Form HUD-92006, Supplement to Application for Federally Assisted Housing, as part of the PHA’s application [Notice PIH 2009-36].

HACN Policy
Depending upon the length of time that applicants may need to wait to receive assistance, the PHA may use a one- or two-step application process.

A one-step process will be used when it is expected that a family will be selected from the waiting list within 60 days of the date of application. At application, the family must provide all of the information necessary to establish family eligibility and level of assistance.

A two-step process will be used when it is expected that a family will not be selected from the waiting list for at least 60 days from the date of application. Under the two-step application process, the PHA initially will require families to provide only the information needed to make an initial assessment of the family’s eligibility, and to determine the family’s placement on the waiting list. The family will be required to provide all information necessary to establish family eligibility and level of assistance when the family is selected from the waiting list.

Families may obtain application forms from the PHA’s office during normal business hours. Families may also request – by telephone, email, or by mail – that an application be mailed to them via first class mail.

Completed applications must be returned to the PHA by mail, by fax, or submitted in person during normal business hours. Applications and all supporting forms must be complete in order to be accepted by the PHA for processing. If an application is incomplete, the PHA will notify the family of the additional information required.

Applicants will not be placed on the waiting list until the application is received completed in its entirety.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

4-I.C. ACCESSIBILITY OF THE APPLICATION PROCESS
The PHA must take a variety of steps to ensure that the application process is accessible to those people who might have difficulty complying with the standard PHA application process.

Disabled Populations [24 CFR 8; PH Occ GB, p. 68]
The PHA must provide reasonable accommodation as needed for persons with disabilities to make the application process fully accessible. The facility where applications are accepted and the application process must be fully accessible, or the PHA must provide an alternate approach that provides equal access to the program. Chapter 2 provides a full discussion of the PHA’s policies related to providing reasonable accommodations for people with disabilities.

Limited English Proficiency
PHAs are required to take reasonable steps to ensure meaningful access to their programs and activities by persons with limited English proficiency [24 CFR 1]. Chapter 2 provides a full discussion on the PHA’s policies related to ensuring access to people with limited English proficiency (LEP).

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

4-I.D. PLACEMENT ON THE WAITING LIST
The PHA must review each completed application received and make a preliminary assessment of the family’s eligibility. Applicants for whom the waiting list is open must be placed on the waiting list unless the PHA determines the family to be ineligible. Where the family is determined to be ineligible, the PHA must notify the family in writing [24 CFR 960.208(a); PH Occ GB, p. 41].

No applicant has a right or entitlement to be listed on the waiting list, or to any particular position on the waiting list.

Ineligible for Placement on the Waiting List
HACN Policy
If the PHA preliminarily determines from the information provided that a family is ineligible, the family will not be placed on the waiting list. When a family is determined to be ineligible, the PHA will send written notification of the ineligibility determination within 10 business days of receipt of the completed application. The notice will specify the reasons for ineligibility and will inform the family of it’s right to request an informal hearing and explain the process for doing so (see Chapter 14).

Eligible for Placement on the Waiting List
HACN Policy
The PHA will place all families on the waiting list upon receipt of application. Families will be advised to check in every 60 days to update their application. Check ins may be conducted by phone, email, fax, or in person, however any reported changes must be made in writing.

Placement on the waiting list does not indicate that the family is, in fact, eligible for assistance. A final determination of eligibility will be made when the family is selected from the waiting list.

Applicants will be placed on the waiting list according to any preference(s) for which they qualify, and the date and time their complete application is received by the PHA.

Families will be provided with information regarding relative place on wait list and approximate length of wait at check in.

The PHA will assign families on the waiting list according to the bedroom size for which a family qualifies as established in its occupancy standards (see Chapter 5). Families may request to be placed on the waiting list for a unit size smaller than designated by the occupancy guidelines (as long as the unit is not overcrowded according to PHA standards and local codes).

Placement on the waiting list does not indicate that the family is, in fact, eligible for admission. When the family is selected from the waiting list, the PHA will verify any preference(s) claimed and determine eligibility and suitability for admission to the program.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

This page intentionally left blank
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

PART II: MANAGING THE WAITING LIST
4-II.A. OVERVIEW
The PHA must have policies regarding the type of waiting list it will utilize as well as how the waiting list will be organized and managed. This includes policies on notifying the public on the opening and closing of the waiting list to new applicants, updating family information, purging the list of families that are no longer interested in or eligible for public housing, and conducting outreach to ensure a sufficient number of applicants.

In addition, HUD imposes requirements on how the PHA may structure its waiting list and how families must be treated if they apply for public housing at a PHA that administers more than one assisted housing program.
4-II.B. ORGANIZATION OF THE WAITING LIST
The PHA’s public housing waiting list must be organized in such a manner to allow the PHA to accurately identify and select families in the proper order, according to the admissions policies described in this ACOP.

HACN Policy
The waiting list will contain the following information for each applicant listed:

Name and social security number of head of household
Unit size required (number of family members)
Amount and source of annual income
Accessibility requirement, if any
Date and time of application or application number
Household type (family, elderly, disabled)
Admission preference, if any
Race and ethnicity of the head of household
The specific site(s) selected (only if PHA offers site-based waiting lists) Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

The PHA may adopt one community-wide waiting list or site-based waiting lists. The PHA must obtain approval from HUD through submission of its Annual Plan before it may offer site-based waiting lists. Site-based waiting lists allow families to select the development where they wish to reside and must be consistent with all applicable civil rights and fair housing laws and regulations [24 CFR 903.7(b)(2)].

HACN Policy
The PHA will maintain one single community-wide waiting list for its developments.

Within the list, the PHA will designate subparts to easily identify who should be offered the next available unit (i.e. mixed populations, general occupancy, unit size, and accessible units).

The PHA will not adopt site-based waiting lists.

HUD requires that public housing applicants must be offered the opportunity to be placed on the waiting list for any tenant-based or project-based voucher or moderate rehabilitation program that the PHA operates if 1) the other programs’ waiting lists are open, and 2) the family is qualified for the other programs [24 CFR 982.205(a)(2)(i)].

HUD permits, but does not require, that PHAs maintain a single merged waiting list for their public housing, Section 8, and other subsidized housing programs [24 CFR 982.205(a)(1)].

HACN Policy
The PHA will not merge the public housing waiting list with the waiting list for any other program the PHA operates.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

4-II.C. OPENING AND CLOSING THE WAITING LIST
Closing the Waiting List
The PHA is permitted to close the waiting list, in whole or in part, if it has an adequate pool of families to fully lease units in all of its developments. The PHA may close the waiting list completely, or restrict intake by preference, type of project, or by size and type of dwelling unit. [PH Occ GB, p. 31].

HACN Policy
The PHA reserves the right to close the wait list in the event circumstances exist that warrant closure, such as an extensive expected waiting time. Based on individual circumstances the PHA may close wait lists for specific unit sizes, while maintaining an open wait list for others. Public Notice will be given at least 10 business days prior to the closing of the wait list.

Reopening the Waiting List
If the waiting list has been closed, it may be reopened at any time. The PHA should publish a notice announcing the opening of the waiting list in local newspapers of general circulation, minority media, and other suitable media outlets. Such notice must comply with HUD fair housing requirements. The PHA should specify who may apply, and where and when applications will be received.

HACN Policy
The PHA will announce the reopening of the waiting list at least 10 business days prior to the date applications will first be accepted. If the list is only being reopened for certain categories of families, this information will be contained in the notice.

The notice will inform applicants of the date, time, method, and place applications can be obtained and submitted, how blank applications may be obtained (e.g., from what addresses, community sites, and websites), all methods by which applications will be accepted (e.g., in person, by phone, by fax, by email), a point of contact who can answer questions, any limitations on who may apply, and any other information the applicant may need to successfully submit the application. The PHA will describe its prioritization system or whether it uses a lottery and will clearly state that this system will be used to place applicants on the waiting list.

To ensure that public notices broadly reach potential applicants in all communities throughout the housing market area, the PHA will distribute public notices to local community-based organizations, such as social service agencies and religious institutions; distribute the notice online through the PHA’s website or social media platforms and other online platforms for local housing news; and make use of any local newspapers of general circulation, minority media, and other suitable means.

The PHA will give public notice by publishing the relevant information using the following media outlets including, but not limited to:
1) Needles Desert Star
2) Mohave Daily News
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

4-II.D. FAMILY OUTREACH [24 CFR 903.2(d); 24 CFR 903.7(a) and (b)] The PHA should conduct outreach as necessary to ensure that the PHA has a sufficient number of applicants on the waiting list to fill anticipated vacancies and to assure that the PHA is affirmatively furthering fair housing and complying with the Fair Housing Act.

Because HUD requires the PHA to admit a specified percentage of extremely low-income families, the PHA may need to conduct special outreach to ensure that an adequate number of such families apply for public housing.

PHA outreach efforts must comply with fair housing requirements. This includes:
• Analyzing the housing market area and the populations currently being served to identify underserved populations
• Ensuring that outreach efforts are targeted to media outlets that reach eligible populations that are underrepresented in the program
• Avoiding outreach efforts that prefer or exclude people who are members of a protected class PHA outreach efforts must be designed to inform qualified families about the availability of units under the program. These efforts may include, as needed, any of the following activities:
• Submitting press releases to local newspapers, including minority newspapers • Developing informational materials and flyers to distribute to other agencies • Providing application forms to other public and private agencies that serve the low-income population
• Developing partnerships with other organizations that serve similar populations, including agencies that provide services for persons with disabilities HACN Policy
The PHA will monitor the characteristics of the population being served and the characteristics of the population as a whole in the PHA’s jurisdiction. Targeted outreach efforts will be undertaken if a comparison suggests that certain populations are being underserved.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

4-II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES
HACN Policy
While the family is on the waiting list, the family must inform the PHA, within 10 business days, of changes in family size or composition, preference status, contact information, including current residence, mailing address, and phone number, or change in circumstances that may affect eligibility, including any criminal activity (such as arrests and convictions), and evictions. The changes must be submitted in writing.

Changes in an applicant's circumstances while on the waiting list may affect the family's qualification for a particular bedroom size or entitlement to a preference. When an applicant reports a change that affects their placement on the waiting list, the waiting list will be updated accordingly.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

4-II.F. UPDATING THE WAITING LIST
HUD requires the PHA to establish policies that describe the circumstances under which applicants will be removed from the waiting list [24 CFR 960.202(a)(2)(iv)].

Purging the Waiting List
The decision to remove an applicant family that includes a person with disabilities from the waiting list is subject to reasonable accommodation. If the applicant did not respond to the PHA’s request for information or updates because of the family member’s disability, the PHA must, upon the family’s request, reinstate the applicant family to their former position on the waiting list as a reasonable accommodation [24 CFR 8.4(a), 24 CFR 100.204(a), and PH Occ GB, p. 39 and 40]. See Chapter 2 for further information regarding reasonable accommodations.

HACN Policy
The waiting list will be purged periodically to ensure applications are current and applicants remain interested in tenancy.

If a family has not updated their application within the 60-day time frame, the PHA will suspend the application, and the family will be sent a no contact notice allowing the family 10 business days to update and reinstate their application.

The family’s response must be in writing and may be delivered in person, by mail, by email, or by fax. Responses should be postmarked or received by the PHA not later than 10 business days from the date of the PHA letter.

If the family fails to respond within 10 business days, the family will be removed from the waiting list without further notice.

If the notice is returned by the post office the applicant will be removed from the waiting list without further notice.

If a family is removed from the waiting list for failure to respond, the PHA may reinstate the family if it is determined that the lack of response was due to PHA error, or to circumstances beyond the family’s control, as a result of a family member’s disability, or as a direct result of status as a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking, including an adverse factor resulting from such abuse.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

Removal from the Waiting List
HACN Policy
The PHA will remove an applicant from the waiting list upon request by the applicant family. In such cases no informal hearing is required.

If the PHA determines that the family is not eligible for admission (see Chapter 3) at any time while the family is on the waiting list the family will be removed from the waiting list.

If a family is removed from the waiting list because the PHA has determined the family is not eligible for admission, a notice will be sent to the family’s address of record as well as to any alternate address provided on the initial application. The notice will state the reasons the family was removed from the waiting list and will inform the family how to request an informal hearing regarding the PHA’s decision (see Chapter 14) [24 CFR 960.208(a)].

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

This page intentionally left blank
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

PART III: TENANT SELECTION
4-III.A. OVERVIEW
The PHA must establish tenant selection policies for families being admitted to public housing [24 CFR 960.201(a)]. The PHA must not require any specific income or racial quotas for any developments [24 CFR 903.2(d)]. The PHA must not assign persons to a particular section of a community or to a development or building based on race, color, religion, sex, disability, familial status or national origin for purposes of segregating populations [24 CFR 1.4(b)(1)(iii) and 24 CFR 903.2(d)(1)].

The order in which families will be selected from the waiting list depends on the selection method chosen by the PHA and is impacted in part by any selection preferences that the family qualifies for. The availability of units also affects the order in which families are selected from the waiting list.

The PHA must maintain a clear record of all information required to verify that the family is selected from the waiting list according to the PHA’s selection policies [24 CFR 960.206(e)(2)].

The PHA’s policies must be posted any place where the PHA receives applications. The PHA must provide a copy of its tenant selection policies upon request to any applicant or tenant. The PHA may charge the family for providing a copy of its tenant selection policies [24 CFR 960.202(c)(2)].

HACN Policy
When an applicant or resident family requests a copy of the PHA’s tenant selection policies, the PHA will provide copies to them free of charge.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

4-III.B. SELECTION METHOD
PHAs must describe the method for selecting applicant families from the waiting list, including the system of admission preferences that the PHA will use.

Local Preferences [24 CFR 960.206]
PHAs are permitted to establish local preferences and to give priority to serving families that meet those criteria. HUD specifically authorizes and places restrictions on certain types of local preferences. HUD also permits the PHA to establish other local preferences, at its discretion.

Any local preferences established must be consistent with the PHA plan and the consolidated plan and must be based on local housing needs and priorities that can be documented by generally accepted data sources [24 CFR 960.206(a)].

HACN Policy
The PHA will use the following local preferences:
“Working” families, where the head, spouse or sole member is employed. However, an applicant where the head and spouse or sole member is a person age 62 or older, or is a person with disabilities, must also be given the benefit of this preference.

Families who reside within a 30-mile radius of the Housing Authority in order to respond to local needs and priorities of the need for assisted housing the Needles Area. A family member who is working or who has been notified that they are hired to work in the Needles area with be treated as residents.

Unsheltered homeless or sub standardly housed families, with children.

Families that include a family member who is a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking.

Families who have been involuntarily displaced due to a disaster (e.g., fire, flood, earthquake), or government action (e.g. code enforcement, public improvement).

Families where the head, spouse, cohead, or sole member is elderly.

Families that include a disabled individual.

Veterans/Active Military Personnel
Emergency VAWA Transfer Preference: The PHA will offer a preference to a family that includes a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking who are seeking an emergency transfer under VAWA from the PHA’s Housing Choice Voucher program or other covered housing program operated by the PHA.

HCV Abatement-Affected Family Preference: The PHA will provide a preference for an HCV family whose HAP contract is being terminated due to an owner failing to make required repairs within the required time frame, and who were unable to lease a new unit within the term of the voucher.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

Income Targeting Requirement [24 CFR 960.202(b)]
HUD requires that extremely low-income (ELI) families make up at least 40 percent of the families admitted to public housing during the PHA’s fiscal year. ELI families are those with annual incomes at or below the federal poverty level or 30 percent of the area median income, whichever number is higher [Federal Register notice 6/25/14]. To ensure this requirement is met, the PHA may skip non-ELI families on the waiting list in order to select an ELI family.

If a PHA also operates a housing choice voucher (HCV) program, admissions of extremely lowincome families to the PHA’s HCV program during a PHA fiscal year that exceeds the 75 percent minimum target requirement for the voucher program, shall be credited against the PHA’s basic targeting requirement in the public housing program for the same fiscal year.

However, under these circumstances the fiscal year credit to the public housing program must not exceed the lower of: (1) ten percent of public housing waiting list admissions during the PHA fiscal year; (2) ten percent of waiting list admissions to the PHA’s housing choice voucher program during the PHA fiscal year; or (3) the number of qualifying low-income families who commence occupancy during the fiscal year of PHA public housing units located in census tracts with a poverty rate of 30 percent or more. For this purpose, qualifying low-income family means a low-income family other than an extremely low-income family.

HACN Policy
The PHA will monitor progress in meeting the ELI requirement throughout the fiscal year. ELI families will be selected ahead of other eligible families on an as-needed basis to ensure that the income targeting requirement is met.

Mixed Population Developments [24 CFR 960.407]
A mixed population development is a public housing development or portion of a development that was reserved for elderly families and disabled families at its inception (and has retained that character) or the PHA at some point after its inception obtained HUD approval to give preference in tenant selection for all units in the development (or portion of a development) to elderly and disabled families [24 CFR 960.102]. Elderly family means a family whose head, spouse, cohead, or sole member is a person who is at least 62 years of age. Disabled family means a family whose head, spouse, cohead, or sole member is a person with disabilities [24 CFR 5.403]. The PHA must give elderly and disabled families equal preference in selecting these families for admission to mixed population developments. The PHA may not establish a limit on the number of elderly or disabled families that may occupy a mixed population development. In selecting elderly and disabled families to fill these units, the PHA must first offer the units that have accessibility features for families that include a person with a disability and require the accessibility features of such units. The PHA may not discriminate against elderly or disabled families that include children (Fair Housing Amendments Act of 1988).

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

Units Designated for Elderly or Disabled Families [24 CFR 945] The PHA may designate projects or portions of a public housing project specifically for elderly or disabled families. The PHA must have a HUD-approved allocation plan before the designation may take place.

Among the designated developments, the PHA must also apply any preferences that it has established. If there are not enough elderly families to occupy the units in a designated elderly development, the PHA may allow near-elderly families to occupy the units [24 CFR 945.303(c)(1)]. Near-elderly family means a family whose head, spouse, or cohead is at least 50 years old, but is less than 62 [24 CFR 5.403].

If there are an insufficient number of elderly families and near-elderly families for the units in a development designated for elderly families, the PHA must make available to all other families any unit that is ready for re-rental and has been vacant for more than 60 consecutive days [24 CFR 945.303(c)(2)].

The decision of any disabled family or elderly family not to occupy or accept occupancy in designated housing shall not have an adverse effect on their admission or continued occupancy in public housing or their position on or placement on the waiting list. However, this protection does not apply to any family who refuses to occupy or accept occupancy in designated housing because of the race, color, religion, sex, disability, familial status, or national origin of the occupants of the designated housing or the surrounding area [24 CFR 945.303(d)(1) and (2)].

This protection does apply to an elderly family or disabled family that declines to accept occupancy, respectively, in a designated project for elderly families or for disabled families, and requests occupancy in a general occupancy project or in a mixed population project [24 CFR 945.303(d)(3)].

HACN Policy
The PHA does not have designated elderly or designated disabled housing at this time.

Deconcentration of Poverty and Income-Mixing [24 CFR 903.1 and 903.2] HACN Policy
PHA is not subject to Deconcentration requirements under [24 CFR 903.2(b) (1) and (2)].

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

Order of Selection [24 CFR 960.206(e)]
The PHA system of preferences may select families either according to the date and time of application or by a random selection process.

HACN Policy
Families will be selected from the waiting list based on preference points. Among applicants with the same preference points, families will be selected on a first-come, firstserved basis according to the date and time their complete application is received by the PHA.

When selecting applicants from the waiting list, the PHA will match the characteristics of the available unit (unit size, accessibility features, unit type) to the applicants on the waiting lists. The PHA will offer the unit to the highest-ranking applicant who qualifies for that unit size or type, or that requires the accessibility features.

By matching unit and family characteristics, it is possible that families who are lower on the waiting list may receive an offer of housing ahead of families with an earlier date and time of application or higher preference status.

Factors such as deconcentration or income mixing and income targeting will also be considered in accordance with HUD requirements and PHA policy Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

4-III.C. NOTIFICATION OF SELECTION
When the family has been selected from the waiting list, the PHA must notify the family [24 CFR 960.208].

HACN Policy
The PHA will notify the family by telephone when it is selected from the waiting list. If the family is unable to be reached by telephone a notice will be sent via first-class mail or email, if available.

The verbal and/or written notice will inform the family of the following:

Date, time, and location of the scheduled application interview, including any procedures for rescheduling the interview
Who is required to attend the interview
Documents that must be provided at the interview to document the legal identity of household members, including information about what constitutes acceptable documentation
Documents that must be provided at the interview to document eligibility for a If a notification letter is returned to the PHA with no forwarding address, the family will be removed from the waiting list without further notice. Such failure to act on the part of the applicant prevents the PHA from making an eligibility determination; therefore, no informal hearing will be offered.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

4-III.D. THE APPLICATION INTERVIEW
HUD recommends that the PHA obtain the information and documentation needed to make an eligibility determination through a private interview. Being invited to attend an interview does not constitute admission to the program.

Assistance cannot be provided to the family until all SSN documentation requirements are met.

However, if the PHA determines that an applicant family is otherwise eligible to participate in the program, the family may retain its place on the waiting list for a period of time determined by the PHA [Notice PIH 2018-24].

Reasonable accommodation must be made for persons with disabilities who are unable to attend an interview due to their disability [24 CFR 8.4(a) and 24 CFR 100.204(a)].

HACN Policy
Families selected from the waiting list are required to participate in an eligibility interview.

All adult family members are required to attend the interview.

All adults must provide acceptable documentation of legal identity. (Chapter 7 provides a discussion of proper documentation of legal identity). If the family representative does not provide the required documentation at the time of the interview, they will be required to provide it within 10 business days.

Pending disclosure and documentation of social security numbers, the PHA will allow the family to retain its place on the waiting list for 90 days. If not all household members have disclosed their SSNs at the next time a unit becomes available, the PHA will offer a unit to the next eligible applicant family on the waiting list.

If the family is claiming a waiting list preference, the family must provide documentation to verify their eligibility for a preference (see Chapter 7). If the family is verified as eligible for the preference, the PHA will proceed with the interview. If the PHA determines the family is not eligible for the preference, the interview will not proceed, and the family will be placed back on the waiting list according to the date and time of their application.

The family must provide the information necessary to establish the family’s eligibility, including suitability, and to determine the appropriate amount of rent the family will pay.

The family must also complete required forms, provide required signatures, and submit required documentation. If any materials are missing, the PHA will provide the family with a written list of items that must be submitted.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

Any required documents or information that the family is unable to provide at the interview must be provided within 10 business days of the interview (Chapter 7 provides details about longer submission deadlines for particular items, including documentation of Social Security numbers and eligible noncitizen status). If the family is unable to obtain the information or materials within the required time frame, the family may request an extension. If the required documents and information are not provided within the required time frame (plus any extensions), the family will be sent a notice of denial (see Chapter 3).

An advocate, interpreter, or other assistant may assist the family with the application and the interview process.

Interviews will be conducted in English. For limited English proficient (LEP) applicants, the PHA will provide translation services via Language Line Solutions in accordance with the PHA’s LEP plan.

If the family is unable to attend a scheduled interview, the family should contact the PHA in advance of the interview to schedule a new appointment. Applicants who fail to attend scheduled interviews without contacting the PHA and rescheduling the interview or fails to attend two scheduled interviews without good cause will be denied assistance based on the family’s failure to supply information needed to determine eligibility. A notice of denial will be issued in accordance with policies contained in Chapter 3.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

4-III.E. FINAL ELIGIBILITY DETERMINATION [24 CFR 960.208] The PHA must verify all information provided by the family (see Chapter 7). Based on verified information related to the eligibility requirements, including PHA suitability standards, the PHA must make a final determination of eligibility (see Chapter 3).

When a determination is made that a family is eligible and satisfies all requirements for admission, including tenant selection criteria, the applicant must be notified of the approximate date of occupancy insofar as that date can be reasonably determined [24 CFR 960.208(b)].

HACN Policy
The PHA will notify a family in writing of their eligibility within 10 business days of the determination and will provide the approximate date of occupancy insofar as that date can be reasonably determined.

The PHA must promptly notify any family determined to be ineligible for admission of the basis for such determination, and must provide the applicant upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing on such determination [24 CFR 960.208(a)].

HACN Policy
If the PHA determines that the family is ineligible, the PHA will send written notification of the ineligibility determination within 10 business days of the determination. The notice will specify the reasons for ineligibility and will inform the family of it’s right to request an informal hearing (see Chapter 14).

If the PHA uses a criminal record or sex offender registration information obtained under 24 CFR 5, Subpart J, as the basis of a denial, a copy of the record must precede the notice to deny, with an opportunity for the applicant to dispute the accuracy and relevance of the information before the PHA can move to deny the application. See Section 3-III.G for the PHA’s policy regarding such circumstances.

The PHA must provide the family a notice of VAWA rights (form HUD-5380) as well as the HUD VAWA self-certification form (form HUD-5382) in accordance with the Violence against Women Act, and as outlined in 16-VII.C, at the time the applicant is provided assistance or at the time the applicant is denied assistance. This notice must be provided in both of the following instances: (1) when a family actually begins receiving assistance (lease execution); or (2) when a family is notified of its ineligibility.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

Chapter 5

OCCUPANCY STANDARDS AND UNIT OFFERS

INTRODUCTION
The PHA must establish policies governing occupancy of dwelling units and offering dwelling units to qualified families.

This chapter contains policies for assigning unit size and making unit offers. The PHA’s waiting list and selection policies are contained in Chapter 4. Together, Chapters 4 and 5 of the ACOP comprise the PHA’s Tenant Selection and Assignment Plan (TSAP).

Policies in this chapter are organized in two parts.

Part I: Occupancy Standards. This part contains the PHA’s standards for determining the appropriate unit size for families of different sizes, compositions, and types.

Part II: Unit Offers. This part contains the PHA’s policies for making unit offers and describes actions to be taken when unit offers are refused.

PART I: OCCUPANCY STANDARDS
5-I.A. OVERVIEW
Occupancy standards are established by the PHA to ensure that units are occupied by families of the appropriate size. This policy maintains the maximum usefulness of the units, while preserving them from underutilization or from excessive wear and tear due to overcrowding. Part I of this chapter explains the occupancy standards. These standards describe the methodology and factors the PHA will use to determine the size unit for which a family qualifies and includes the identification of the minimum and maximum number of household members for each unit size. This part also identifies circumstances under which an exception to the occupancy standards may be approved.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

5-I.B. DETERMINING UNIT SIZE
In selecting a family to occupy a particular unit, the PHA may match characteristics of the family with the type of unit available, for example, number of bedrooms [24 CFR 960.206(c)].

HUD does not specify the number of persons who may live in public housing units of various sizes. PHAs are permitted to develop appropriate occupancy standards as long as the standards do not have the effect of discriminating against families with children [PH Occ GB, p. 62].

Although the PHA does determine the size of unit the family qualifies for under the occupancy standards, the PHA does not determine who shares a bedroom/sleeping room.

The PHA’s occupancy standards for determining unit size must be applied in a manner consistent with fair housing requirements.

HACN Policy
The PHA will use the same occupancy standards for each of its developments.

The PHA’s occupancy standards are as follows:

The PHA will assign one bedroom for each two persons within the household, except in the following circumstances:

Persons of different generations will not be required to share a bedroom.

Live-in aides will be allocated a separate bedroom. No additional bedrooms will be provided for the live-in aide’s family.

Single person families will be allocated a zero or one bedroom.

Children of separate genders regardless of age (i.e., from birth) will be allocated separate bedrooms.

Children of the same gender with an age difference exceeding 5 years will be allocated separate bedrooms.

Unrelated adults of the same gender will be allocated separate bedrooms.

Foster children will be included in determining unit size only if they will be in the unit for more than 6 months.

Children away at school, but for whom the unit is considered the primary residence, and children temporarily placed outside the home, will be considered when determining unit size.

Children in the process of being adopted will be considered when determining unit size.

Children who will live in the unit less than 50 percent of the time will not be considered when determining unit size.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

The PHA will reference the following standards in determining the appropriate unit size for a family:

BEDROOM SIZE MINIMUM NUMBER OF

PERSONS

MAXIMUM NUMBER

OF PERSONS
0 1 1
1 1 2
2 2 4
3 3 6
4 4 8
5 6 10
6 8 12
Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

5-I.C. EXCEPTIONS TO OCCUPANCY STANDARDS
Types of Exceptions
HACN Policy
The PHA will consider granting exceptions to the occupancy standards at the family’s request if the PHA determines the exception is justified by the relationship, age, sex, health or disability of family members, or other personal circumstances.

For example, an exception may be granted if a larger bedroom size is needed for medical equipment due to its size and/or function, or as a reasonable accommodation for a person with disabilities. An exception may also be granted for a smaller bedroom size in cases where the number of household members exceeds the maximum number of persons allowed for the unit size in which the family resides (according to the chart in Section 5- I.B) and the family does not want to transfer to a larger size unit.

When evaluating exception requests the PHA will consider the size and configuration of the unit. In no case will the PHA grant an exception that is in violation of local housing or occupancy codes, regulations or laws.

Requests from applicants to be placed on the waiting list for a unit size smaller than designated by the occupancy standards will be approved as long as the unit is not overcrowded according to local code, and the family agrees not to request a transfer for a period of two years from the date of admission, unless they have a subsequent change in family size or composition.

To prevent vacancies, the PHA may provide an applicant family with a larger unit than the occupancy standards permit. However, in these cases the family must agree to move to a suitable, smaller unit when another family qualifies for the larger unit and there is an appropriate size unit available for the family to transfer to.

Processing of Exceptions
HACN Policy
All requests for exceptions to the occupancy standards must be submitted in writing, which may include email.

In the case of a request for exception as a reasonable accommodation, the PHA will encourage the resident to make the request in writing using a reasonable accommodation request form. However, the PHA will consider the exception request any time the resident indicates that an accommodation is needed whether or not a formal written request is submitted.

Requests for a larger size unit must explain the need or justification for the larger size unit and must include appropriate documentation. Requests based on health-related reasons must be verified by a knowledgeable professional source, unless the disability and the disability-related request for accommodation is readily apparent or otherwise known.

The PHA will notify the family of its decision within 10 business days of receiving the family’s request via mail or email if available.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

PART II: UNIT OFFERS
24 CFR 1.4(b)(2)(ii); 24 CFR 960.208
5-II.A. OVERVIEW
The PHA must assign eligible applicants to dwelling units in accordance with a plan that is consistent with civil rights and nondiscrimination laws.

In filling an actual or expected vacancy, the PHA must offer the dwelling unit to an applicant in the appropriate offer sequence. The PHA will offer the unit until it is accepted. This section describes the PHA’s policies with regard to the number of unit offers that will be made to applicants selected from the waiting list. This section also describes the PHA’s policies for offering units with accessibility features.

HACN Policy
The PHA will maintain a record of units offered, including location, date and circumstances of each offer, each acceptance or rejection, including the reason for the rejection.
5-II.B. NUMBER OF OFFERS
HACN Policy
The PHA has adopted a “two-to-three offer plan” for offering units to applicants. Under this plan, the PHA will determine how many locations within its jurisdiction have available units of suitable size and type in the appropriate type of project. As of the date of this ACOP, the PHA has one location. The number of unit offers will be based on the distribution of vacancies. If a suitable unit is available in:

Three (3) or more locations: The applicant will be offered a unit in the location with the highest number of vacancies. If the offer is rejected, the applicant will be offered a suitable unit in the location with the second highest number of vacancies. If that unit is rejected, a final offer will be made in the location with the third highest number of vacancies. The offers will be made in sequence, and the applicant must refuse an offer before another is made.

Two (2) locations: The applicant will be offered a suitable unit in the location with the higher number of vacancies. If the offer is rejected, a final offer will be made at the other location. The offers will be made in sequence, and the applicant must refuse the first offer before a second offer is made.

One (1) location: The applicant will be offered a suitable unit in that location. If the offer is rejected, the applicant will be offered the next suitable unit that becomes available, whether it is at the same location as the first offer or at another location. The second unit offer will be the final offer, unless there is good cause for refusing the offer.

If more than one unit of the appropriate type and size is available, the first unit to be offered will be the first unit that is ready for occupancy.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

5-II.C. TIME LIMIT FOR UNIT OFFER ACCEPTANCE OR REFUSAL HACN Policy
Applicants must accept or refuse a unit offer within 10 business days of the date of the unit offer.

Offer will be made by telephone, if the PHA is unable to contact the applicant by phone an offer letter will be sent by first class mail, or email if available. 5-II.D. REFUSALS OF UNIT OFFERS
Good Cause for Unit Refusal
An elderly or disabled family may decline an offer for designated housing. Such a refusal must not adversely affect the family’s position on or placement on the public housing waiting list [24 CFR 945.303(d)].

HACN Policy
Applicants may refuse to accept a unit offer for “good cause.” Good cause includes situations in which an applicant is willing to move but is unable to do so at the time of the unit offer, or the applicant demonstrates that acceptance of the offer would cause undue hardship not related to considerations of the applicant’s race, color, national origin, etc. [PH Occ GB, p. 104]. Examples of good cause for refusal of a unit offer include, but are not limited to, the following:

The family demonstrates to the PHA’s satisfaction that accepting the unit offer will require an adult household member to quit a job, drop out of an educational institution or job training program, or take a child out of day care or an educational program for children with disabilities.

The family demonstrates to the PHA’s satisfaction that accepting the offer will place a family member’s life, health, or safety in jeopardy. The family should offer specific and compelling documentation such as restraining orders; other court orders; risk assessments related to witness protection from a law enforcement agency; or documentation of domestic violence, dating violence, sexual assault, stalking, or human trafficking in accordance with section 16-VII.D of this ACOP. Reasons offered must be specific to the family. Refusals due to location alone do not qualify for this good cause exemption.

A health professional verifies temporary hospitalization or recovery from illness of the principal household member, other household members (as listed on final application) or live-in aide necessary to the care of the principal household member.

Good cause is determined on a case-by-case basis, at the discretion of the PHA.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

The unit is inappropriate for the applicant’s disabilities, or the family does not need the accessible features in the unit offered and does not want to be subject to a 30-day notice to move.

The unit has lead-based paint and the family includes children under the age of six.

In the case of a unit refusal for good cause the applicant will not be removed from the waiting list as described later in this section. The applicant will remain at the top of the waiting list until the family receives an offer for which they do not have good cause to refuse.

The PHA will require documentation of good cause for unit refusals.

Unit Refusal without Good Cause
HACN Policy
When an applicant rejects the final unit offer without good cause, the PHA will remove the applicant’s name from the waiting list and send notice to the family of such removal.

The notice will inform the family of their right to request an informal hearing and the process for doing so (see Chapter 14).

The applicant may reapply for assistance if the waiting list is open. If the waiting list is not open, the applicant must wait to reapply until the PHA opens the waiting list.

Agenda Item 4.

Housing Authority
of the ACOP 05/01/2026
City of Needles

5-II.E. ACCESSIBLE UNITS [24 CFR 8.27]
PHAs must adopt suitable means to ensure that information regarding the availability of accessible units reaches eligible individuals with disabilities and take reasonable nondiscriminatory steps to maximize the utilization of such units by eligible individuals whose disability requires the accessibility features of a particular unit.

When an accessible unit becomes vacant, before offering such units to a non-disabled applicant the PHA must offer such units:
• First, to a current resident of another unit of the same development, or other public housing development under the PHA’s control, who has a disability that requires the special features of the vacant unit and is occupying a unit not having such features, or if no such occupant exists, then
• Second, to an eligible qualified applicant on the waiting list having a disability that requires the special features of the vacant unit.

When offering an accessible unit to an applicant who does not have a disability requiring the accessibility features of the unit, the PHA may require the applicant to agree (and may incorporate this agreement in the lease) to move to a non-accessible unit when available.

HACN Policy
Families requiring an accessible unit may be over-housed in such a unit if there are no resident or applicant families of the appropriate size who also require the accessible features of the unit.

When there are no resident or applicant families requiring the accessible features of the unit, including families who would be over-housed, the PHA will offer the unit to a nondisabled applicant.

When offering an accessible unit to a non-disabled applicant, the PHA will require the applicant to agree to move to an available non-accessible unit within 30 days when either a current resident or an applicant needs the features of the unit and there is another unit available for the non-disabled family. This requirement will be a provision of the lease agreement.
5-II.F. DESIGNATED HOUSING
When applicable, the PHA’s policies for offering units designated for elderly families only or for disabled families only are described in the PHA’s Designated Housing Plan.

Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles

Chapter 6
INCOME AND RENT DETERMINATIONS UNDER HOTMA 102/104
[24 CFR Part 5, Subparts E and F; 24 CFR 960, Subpart C]

INTRODUCTION
A family’s annual income is used to determine their income eligibility for the public housing program and is also used to calculate the amount of the family’s rent payment. The PHA will use the policies and methods described in this chapter to ensure that only eligible families receive assistance and that no family pays more or less than its obligation under the regulations. This chapter describes HUD regulations and PHA policies related to these topics in FOUR parts as follows:

Part I: Annual Income. HUD regulations specify the sources of income which are excluded from the family’s annual income. These requirements and PHA policies for calculating annual income are found in Part I.

Part II: Assets. HUD regulations specify the types of assets which are excluded from a family’s annual income. These requirements and PHA policies for calculating income from assets are found in Part II.

Part III: Adjusted Income. Once annual income has been established, HUD regulations require the PHA to subtract from annual income any of five mandatory deductions for which a family qualifies and allow the PHA to adopt additional permissive deductions.

These requirements and PHA policies for calculating adjusted income are found in Part III.

Part IV: Calculating Rent. This part describes the statutory formula for calculating total tenant payment (TTP), the use of utility allowances, and the methodology for determining family rent payment. Also included here are flat rents and the family’s choice of rent.

Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles

This page intentionally left blank
Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles

PART I: ANNUAL INCOME
6-I.A. OVERVIEW [24 CFR 5.609]
Annual income includes:
• All amounts, not specifically excluded in 24 CFR 5.609(b); • All amounts received from all sources (other than those specifically excluded in 24 CFR

5.609(b)) by each member of the family who is 18 years of age or older or is the head of household or spouse;
• Unearned income (other than those sources specifically excluded in 24 CFR 5.609(b)) by or on behalf of each dependent who is under 18 years of age; and • Imputed returns of an asset based on the current passbook savings rate, as determined by HUD, when the value of net family assets exceeds the HUD-published threshold amount (adjusted annually and published in HUD’s Inflation-Adjusted Values tables) and the actual returns from a given asset cannot be calculated.

In addition to this general definition, the regulations at 24 CFR 5.609(b) provide a comprehensive listing of all sources of income that are excluded from annual income. Note, unlike in previous version of the regulations, the current regulations governing annual income do not list sources of income that are to be included. Instead, HUD relies on the definition of excluded income under 24 CFR 5.609(b) to provide the scope of what is included. To that end, generally, all income is included unless it is specifically excluded by regulation.

Annual income includes “all amounts received,” not the amount that a family may be legally entitled to receive but did not receive. For example, a family’s child support or alimony income must be based on payments received, not the amounts to which the family is entitled by court or agency orders However, when a family member’s wages or benefits are garnished, levied, or withheld to pay restitution, child support, tax debt, student loan debt, or other applicable debts, the PHA must use the gross amount of the income, prior to the reduction, to determine a family’s annual income [Notice PIH 2023-27].

Annual income also includes all actual anticipated income from assets (provided the income is not otherwise excluded) even if the asset itself is excluded from net family assets [Notice PIH 2023-27]. 24 CFR 5.603(b)(1) describes HUD regulations for treating specific types of assets.

The full texts of those portions of the regulations are provided in exhibits at the end of this chapter as follows:
• Annual Income Full Definition (Exhibit 6-1)
• Treatment of Family Assets (Exhibit 6-2)
• The Effect of Welfare Benefit Reduction (Exhibit 6-3) Sections 6-I.B and 6-I.C discuss general requirements and methods for calculating annual income. The rest of this section describes how each source of income is treated for the purposes of determining annual income. Verification requirements for annual income are discussed in Chapter 7.

Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles

6-I.B. HOUSEHOLD COMPOSITION AND INCOME
Overview
Income received by all family members must be counted unless specifically excluded by the regulations. It is the responsibility of the head of household to report changes in family composition in accordance with HUD regulations and PHA policies in Chapter 9. The rules on which sources of income are counted vary somewhat by family member. The chart below summarizes how family composition affects income determinations.

Summary of Income Included and Excluded by Person
Live-in aides Income from all sources (both earned and unearned) is excluded [24 CFR 5.609(b)(8)].

Foster child or foster adult Income from all sources (both earned and unearned) is excluded [24 CFR 5.609(b)(8)].

Head, spouse, or cohead
Other adult family members
All sources of income not specifically excluded by the
regulations are included [24 CFR 5.609(a)].

Minors Earned income of children under 18 years of age is excluded [24 CFR 5.609(b)(3)].

All sources of unearned income, except those specifically excluded by the regulations, are included.

Full-time students 18 years of
age or older (not head, spouse,
or cohead)
Earned income in excess of the dependent deduction is
excluded [24 CFR 5.609(b)(14)].

All sources of unearned income, except those specifically excluded by the regulations, are included.

Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles

Temporarily Absent Family Members
The current regulations governing annual income do not specifically address temporarily absent family members. The regulations also do not define “temporarily” or “permanently” absent or specify a timeframe associated with a temporary versus a permanent absence.

HACN Policy
Unless specifically excluded by the regulations, the income of all family members approved to live in the unit will be counted, even if the family member is temporarily absent from the unit.

Generally, an individual who is or is expected to be absent from the assisted unit for 180 consecutive days or less is considered temporarily absent and continues to be considered a family member. Generally, an individual who is or is expected to be absent from the assisted unit for more than 180 consecutive days is considered permanently absent and no longer a family member. Exceptions to this general policy are discussed below.

Absent Students
HACN Policy
When someone who has been considered a family member attends school away from home, the person will continue to be considered a family member unless information becomes available to the PHA indicating that the student has established a separate household, or the family declares in writing that the student has established a separate household.

Absences Due to Placement in Foster Care
Children temporarily absent from the home as a result of placement in foster care (as confirmed by the state child welfare agency) are considered members of the family [24 CFR 5.403].

HACN Policy
If a child has been placed in foster care, the PHA will verify with the appropriate agency whether and when the child is expected to be returned to the home. Unless the agency confirms that the child has been permanently removed from the home, the child will be counted as a family member. In the event the PHA is unable to verify information with an agency, the responsible guardian for the minor may supply the verification via 3rd party documentation.

Absent Head, Spouse, or Cohead
HACN Policy
An employed head, spouse, or cohead absent from the unit more than 180 consecutive days due to employment will continue to be considered a family member.

Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles

Family Members Confined for Medical Reasons
If a family member is confined to a nursing home or hospital on a permanent basis, PHAs may determine that that person is no longer a member of the assisted household, and the income of that person is not counted [New PH OCC GB, Income Determinations, p. 12].

HACN Policy
An individual permanently confined to a nursing home or hospital may not be named a family head, spouse, or cohead but may continue to be a family member at the family’s discretion. The family has a choice with regard to how the permanently confined individual’s income will be counted. The family may elect either of the following:

Include the individual’s income and receive the allowable deductions related to the medical care of the permanently confined individual.

Exclude the individual’s income and do not receive the allowances related to the medical care of the permanently confined individual.

If there is a question about the status of a family member, the PHA will request verification from a responsible medical professional and will use this determination. If the responsible medical professional cannot provide a determination, the person generally will be considered temporarily absent. The family may present evidence that the family member is confined on a permanent basis and request that the person not be considered a family member.

Joint Custody of Children
HACN Policy
Dependents that are subject to a joint custody arrangement will be considered a member of the family if they live with the applicant or participant family 50 percent or more of the time.

When more than one applicant or assisted family (regardless of program) are claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents. If there is a dispute about which family should claim them, the PHA will make the determination based on available documents such as court orders, an IRS income tax return showing which family has claimed the child for income tax purposes, school records, or other credible documentation.

Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles

Caretakers for a Child
HACN Policy
The approval of a caretaker is at the PHA’s discretion and subject to the PHA’s screening criteria. If neither a parent nor a designated guardian remains in a household receiving PH assistance, the PHA will take the following actions.

If a responsible agency has determined that another adult is to be brought into the assisted unit to care for a child for an indefinite period, the designated caretaker will not be considered a family member until a determination of custody or legal guardianship is made.

If a caretaker has assumed responsibility for a child without the involvement of a responsible agency or formal assignment of custody or legal guardianship, the caretaker will be treated as a visitor for 90 days. After the 90 days has elapsed, the caretaker will be considered a family member unless information is provided that would confirm that the caretaker’s role is temporary. In such cases the PHA will extend the caretaker’s status as an eligible visitor.

At any time that custody or guardianship legally has been awarded to a caretaker, the lease will be transferred to the caretaker.

During any period that a caretaker is considered a visitor, the income of the caretaker is not counted in annual income and the caretaker does not qualify the family for any deductions from income.

Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles

6-I.C. CALCULATING ANNUAL INCOME
The methodology used for calculating income differs depending on whether income is being calculated at initial occupancy, interim reexamination, or at annual reexamination. However, income from assets is always anticipated regardless of certification type.

Anticipating Annual Income [24 CFR 5.609(c)(1)]
At initial occupancy and for an interim reexamination of family income, the PHA is required to use anticipated income (current income) for the upcoming 12-month period following the new admission or interim reexamination effective date. Policies related to verifying income are found in Chapter 7.

HACN Policy
When the PHA cannot readily anticipate income based upon current circumstances (e.g., in the case of temporary, sporadic, or variable employment, seasonal employment, unstable working hours, or suspected fraud), the PHA will review and analyze historical data for patterns of employment, paid benefits, and receipt of other income and use the results of this analysis to establish annual income.

Any time current circumstances are not used to project annual income, a clear rationale for the decision will be documented in the file. In all such cases the family may present information and documentation to the PHA to show why the historic pattern does not represent the family’s anticipated income.

In all cases, the family file will be documented with a clear record of the reason for the decision, and a clear audit trail will be left as to how the PHA annualized projected income.

Known Changes in Income
If the PHA verifies an upcoming increase or decrease in income, at admission or interim reexamination, annual income will be projected by applying each income amount to the appropriate part of the 12-month period.

Example: An employer reports that a full-time employee who has been receiving $8/hour will begin to receive $8.25/hour in the eighth week after the effective date of the new admission or interim reexamination. In such a case the PHA would calculate annual income as follows: ($8/hour × 40 hours × 7 weeks) + ($8.25 × 40 hours × 45 weeks).

The family may present information that demonstrates that implementing a change before its effective date would create a hardship for the family. In such cases the PHA will calculate annual income using current circumstances and then, should the change in income require the PHA to conduct an interim reexamination, conduct an interim reexamination in accordance with PHA policy in Chapter 9.

Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles

Calculating Annual Income at Annual Reexamination [24 CFR.609(c)(2); Notice PIH 2023-27]
At annual reexamination, PHAs must first determine the family’s income for the previous 12- month period and use this amount as the family income for annual reexaminations; however, adjustments to reflect current income must be made. Any change of income since the family’s last annual reexamination, including those that did not meet the threshold to process an interim reexamination of family income in accordance with PHA policies in Chapter 9 and HUD regulations, must be considered. If, however, there have been no changes to income, then the amount of income calculated for the previous 12-month period is the amount that will be used to determine the family’s rent. Policies related to conducting annual reexaminations are located in Chapter 9.

Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles

6-I.D. EARNED INCOME
Wages and Related Compensation [24 CFR 5.609(a); Notice PIH 2023-27] The earned income of each member of the family who is 18 years of age or older, or who is the head of household or spouse/cohead regardless of age, is included in annual income. Income received as a day laborer or seasonal worker is also included in annual income, even if the source, date, or amount of the income varies [24 CFR 5.609 (b)(24)].

Earned income means income or earnings from wages, tips, salaries, other employee compensation, and net income from self-employment. Earned income does not include any pension or annuity, transfer payments (meaning payments made or income received in which no goods or services are being paid for, such as welfare, social security, and governmental subsidies for certain benefits), or any cash or in-kind benefits [24 CFR 5.100].

A day laborer is defined as an individual hired and paid one day at a time without an agreement that the individual will be hired or work again in the future [24 CFR 5.603(b)]. Income earned as a day laborer is not considered nonrecurring income.

A seasonal worker is defined as an individual who is hired into a short-term position( e.g., for which the customary employment period for the position is six months or fewer) and the employment begins about the same time each year (such as summer or winter). Typically, the individual is hired to address seasonal demands that arise for the particular employer or industry [24 CFR 5.603(b)]. Some examples of seasonal work include employment limited to holidays or agricultural seasons. Seasonal work may include but is not limited to employment as a lifeguard, ballpark vendor, or snowplow driver [Notice PIH 2023-27]. ]. Income earned as a seasonal worker is not considered nonrecurring income.

HACN Policy
The PHA will include in annual income the full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation.

For persons who regularly receive bonuses or commissions, the PHA will verify and then average amounts received for the two years preceding admission or reexamination. If only a one-year history is available, the PHA will use the prior year amounts. In either case the family may provide, and the PHA will consider, a credible justification for not using this history to anticipate future bonuses or commissions. If a new employee has not yet received any bonuses or commissions, the PHA will count only the amount estimated by the employer. The file will be documented appropriately.

Military Pay
All regular pay, special pay and allowances of a member of the Armed Forces are counted except for the special pay to a family member serving in the Armed Forces who is exposed to hostile fire [24 CFR 5.609(b)(11)].

Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles

Earnings of a Minor [24 CFR 5.609(b)(3)]
A minor is a member of the family, other than the head of household or spouse, who is under 18 years of age. Employment income earned by minors is not included in annual income. All other sources of unearned income, except those specifically excluded by the regulations, are included.

Earned Income of Full-Time Students [24 CFR 5.609(b)(14)] The earned income of a dependent full-time student in excess of the amount of the dependent deduction is excluded from annual income. All sources of unearned income, except those specifically excluded by the regulations, are included.

A family member other than the head of household or spouse/cohead is considered a full-time student if they are attending school or vocational training on a full-time basis [24 CFR 5.603(b)].

Full-time status is defined by the educational or vocational institution the student is attending [New PH OCC GB, Lease Requirements, p. 5].
6-I.E. EARNED INCOME DISALLOWANCE [24 CFR 960.255; Streamlining Final Rule (SFR) Federal Register 3/8/16; Notice PIH 2023-27]
HOTMA removed the statutory authority for the EID. The EID is available only to families that are eligible for and participating on the program as of December 31, 2023, or before; no new families may be added on or after January 1, 2024. If a family is receiving the EID prior to or on the effective date of December 31, 2023, they are entitled to the full amount of the benefit for a full 24-month period. The policies below are applicable only to such families. No family will still be receiving the EID after December 31, 2025. The EID will sunset on January 1, 2026, in no circumstances will a family member’s exclusion period continue past January 1, 2026.

Individual Savings Accounts [24 CFR 960.255(d)]
The PHA may, but is not required to, establish a policy to offer a qualified family paying income-based rent an ISA instead of being given the EID.

HACN Policy
The PHA chooses not to establish a system of individual savings accounts (ISAs) for families who qualify for the EID.

Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles

6-I.F. BUSINESS AND SELF-EMPLOYMENT INCOME [24 CFR 5.609(b)(28); Notice PIH 2023-27]
Annual income includes “net income from the operation of a business or profession. Net income is gross income minus business expenses that allows the business to operate. Gross income is all income amounts received into the business, prior to the deduction of business expenses.

Expenditures for business expansion or amortization of capital indebtedness may not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family.” HACN Policy
To determine business expenses that may be deducted from gross income, the PHA will use current applicable Internal Revenue Service (IRS) rules for determining allowable business expenses [see IRS Publication 535], unless a topic is addressed by HUD regulations or guidance as described herein.

Independent Contractors
Income received as an independent contractor is included in annual income, even if the source, date, or amount of the income varies [24 CFR 2.609 (b)(24)].

An independent contractor is defined as an individual who qualifies as an independent contractor instead of an employee in accordance with the Internal Revenue Code Federal income tax requirements and whose earnings are consequently subject to the Self-Employment Tax. In general, an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done [24 CFR 5.603(b)].

This may include individuals such as third-party delivery and transportation service providers and “gig workers” like babysitters, landscapers, rideshare drivers, and house cleaners. Income earned as an independent contractor is not considered nonrecurring incomeBusiness Expansion HUD regulations do not permit the PHA to deduct from gross income expenses for business expansion.

HACN Policy
Business expansion is defined as any capital expenditures made to add new business activities, to expand current facilities, or to operate the business in additional locations.

For example, purchase of a street sweeper by a construction business for the purpose of adding street cleaning to the services offered by the business would be considered a business expansion. Similarly, the purchase of a property by a hair care business to open at a second location would be considered a business expansion.

Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles

Capital Indebtedness
HUD regulations do not permit the PHA to deduct from gross income the amortization of capital indebtedness.

HACN Policy
Capital indebtedness is defined as the principal portion of the payment on a capital asset such as land, buildings, and machinery. This means the PHA will allow as a business expense interest, but not principal, paid on capital indebtedness.

Negative Business Income
If the net income from a business is negative, no business income will be included in annual income; a negative amount will not be used to offset other family income.

Withdrawal of Cash or Assets from a Business
HUD regulations require the PHA to include in annual income the withdrawal of cash or assets from the operation of a business or profession unless the withdrawal reimburses a family member for cash or assets invested in the business by the family.

HACN Policy
Acceptable investments in a business include cash loans and contributions of assets or equipment. For example, if a member of an assisted family provided an up-front loan of $2,000 to help a business get started, the PHA will not count as income any withdrawals from the business up to the amount of this loan until the loan has been repaid.

Investments do not include the value of labor contributed to the business without compensation.

Co-owned Businesses
HACN Policy
If a business is co-owned with someone outside the family, the family must document the share of the business it owns. If the family’s share of the income is lower than its share of ownership, the family must document the reasons for the difference.

Assets Owned by a Business Entity
If a business entity (e.g., limited liability company or limited partnership) owns the asset, then the family’s asset is their ownership stake in the business, not some portion of the business’s assets. However, if the family holds the assets in their own name (e.g., they own one-third of a restaurant) rather than in the name of a business entity, then the percentage value of the asset owned by the family is what is counted toward net family assets (e.g., one-third of the value of the restaurant) [Notice PIH 2023-27].

Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles

6-I.G. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(b)(9)] The regulations distinguish between two categories of student financial assistance paid to both full-time and part-time students.

The first category is any assistance to students under section 479B of the Higher Education Act of 1965 (Tile IV of the HEA), which must be excluded from the family’s annual income [24 CFR 5.609(b)(9)(i)].

Examples of assistance under title IV of the HEA include:
• Federal Pell Grants;
• Teach Grants;
• Federal Work Study Programs;
• Federal Perkins Loans;
• Income earned in employment and training programs under section 134 of the Workforce Innovation and Opportunity Act (WIOA); or
• Bureau of Indian Affairs/Education student assistance programs - The Higher Education Tribal Grant
- The Tribally Controlled Colleges or Universities Grant Program The second category is any other grant-in-aid, scholarship, or other assistance amounts an individual receives for the actual covered costs charged by the institute of higher education not otherwise excluded by the Federally mandated income exclusions are excluded [24 CFR

5.609(b)(9)(ii)]. Other student financial assistance received by the student that, either by itself or in combination with HEA assistance, exceeds the actual covered costs is included in income.

Actual covered costs are defined as the actual costs of:
• Tuition, books, and supplies;
- Including supplies and equipment to support students with learning disabilities or other disabilities
• Room and board; and
• Other fees required and charged to a student by the educational institution.

Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles

For a student who is not the head of household or spouse/cohead, actual covered costs also include the reasonable and actual costs of housing while attending the institution of higher education and not residing in an assisted unit.

Further, to qualify, other student financial assistance must be expressly:
• For tuition, book, supplies, room and board, or other fees required and charged to the student by the educational institution;
• To assist a student with the costs of higher education; or • To assist a student who is not the head of household or spouse with the reasonable and actual costs of housing while attending the educational institution and not residing in an assisted unit.

The student financial assistance may be paid directly to the student or to the educational institution on the student’s behalf. However, any student financial assistance paid to the student must be verified by the PHA.

The financial assistance must be a grant or scholarship received from:
• The Federal government;
• A state, tribal, or local government;
• A private foundation registered as a nonprofit;
• A business entity (such as corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, or nonprofit entity); or • An institution of higher education.

Student financial assistance, does not include:
• Financial support provided to the student in the form of a fee for services performed (e.g., a work study or teaching fellowship that is not excluded under section 479B of the Higher Education Act HEA);
• Gifts, including gifts from family or friends; or
• Any amount of the scholarship or grant that, either by itself or in combination with assistance excluded under the HEA, exceeds the actual covered costs of the student.

Calculating Income from Student Financial Assistance [HOTMA Student Financial Assistance Resource Sheet; Notice PIH 2023-27]
The formula for calculating the amount of other student financial assistance that is excluded from income always begins with deducting the assistance received under 479B of the HEA from the total actual covered costs, because the 479B assistance is intended to pay the student’s actual covered costs. When a student receives assistance from both Title IV of the HEA and from other sources, the assistance received under Title IV of the HEA must be applied to the student’s actual covered costs first and then other student financial assistance is applied to any remaining actual covered costs. Once actual costs are covered, any remaining student financial assistance is considered income.

Agenda Item 4.

Housing Authority
of the ACOP 5/1/2026
City of Needles