LEASING AND APPLICATION
POLICY AND PROCEDURES
Leasing and Application Policy and Procedures:
The purpose of these procedures are to ensure that our tenant leasing application and leasing process is fair, equitable, and in compliance with all laws, rules and regulations of the Federal, State, County and local authorities including but not limited to Federal Housing Acts and anti-discrimination laws. The following procedures are general in nature. In some cases, additional rules and regulations may apply.
I. Applicant/Tenant Rights and Responsibilities
Notice of Rights:
Upon entrance to the waitlist, Intake staff will provide applicants with a link to our website which details tenant’s rights and the appeals process. Tenants’ rights shall include the following:
BCDC follows all Federal laws and regulations to treat all applicants and tenant families equally, providing the same quality of services, regardless of family characteristics and background. BCDC will not discriminate in housing on the basis of race, color, religion, sex, national origin, age, familial status, disability, sexual orientation, gender identity, and marital status. BCDC 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 VII 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 Order 11063
● Section 504 of the Rehabilitation Act of 1973
● Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern)
● The Violence Against Women Act of 2013 (VAWA) (which may include men)
● 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
● Any applicable state laws or local ordinance 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.
II. Notice of Responsibilities of Conduct:
All staff, applicants and tenants agree to communicate and conduct themselves in a lawful, courteous and reasonable manner when interacting with BCDC, representatives, and other residents or occupants.
III. Document Production/Waitlist Contact Requirements:
● BCDC will maintain one waitlist for each housing type and will prioritize applicants with Section Eight Housing Choice Vouchers from HUD.
● Each waitlist will have up to five households on the list.
● Waitlist applicants are applicants on the list for a unit
o Waitlist applicants will provide:
▪ Every household member: a copy of Soc. Sec, or ITIN, official picture ID, award letters for benefits, six months of paystubs, or other documents as requested
▪ Household members under 18: Birth Certificates, Social Security cards.
● Active applicants are households currently going through the leasing process
o BCDC will request documents from active applicants.
o All requests for documents are expected to be fulfilled by an active applicant within two weeks.
● Applicants that do not produce documents may be moved to end of the waitlist.
● BCDC staff will document up to three subsequent attempts to contact the applicant on the waitlist or in their lease application file.
o After a third attempt to contact, an intake worker will review with Property Manager the potential removal of applicant from leasing process and waitlist.
o Applicants may be removed from the intake process based on income ineligibility, or other screening requirements (Sect VII. Minimum Rents, Section V. Income Requirements & Rent Calculations, Section VIII. Right To Appeal.)
Denials: Lease applicants will be notified of denials within 10 business days of determination by USPS. Notification will include the specific reason for denial. Denials can be appealed (IX. Right to Appeal).
IV. General Application Requirements
Age: Head of Household must be 18 years of age or older.
Identification: Applicants and each member of the household 18 years of age or older must have a combination of a social security card, or Individual Tax Identification Number (I.T.I.N), valid state I.D., and/or passport. A birth certificate and Social Security card must be provided for each child under 18 years of age.
Proof of Income:
● Earned Income:
● Submitted tax returns (Self Employed).
● Consecutive months of paycheck stubs received in the last 6 months, and,
● Account ledgers of deposits on bank statements
● Unearned income:
● SSI/SSDI- Award letter, and/or
● Retirement invoice, account ledger, and/or
● Unemployment, award letter, account Ledger.
● Account ledgers of deposits on bank statements.
Criminal History/Background Check: All applicants must consent to a background check. BCDC follows the RHDA Tenant Selection Policy and Criminal Background Screening except when superseded by federal or state laws or regulations. A copy of the policy is available at the management office and upon request.
Application Fee: A non-refundable application of fee of $10 for the first family member and $5 for each additional adult family member is required for lease application and criminal background screening.
V. Income Requirements & Rent Calculations
● Income Qualification:
Applicants must have a household income that is at or lower than 50% of the Area Median Income at the time of application.
● Government Housing Vouchers: Income and rent calculations are determined by the award of a voucher from the Housing Authority to an applicant or tenant.
● Self-Pay:
o Income Requirements (to enter lease): Household gross income must be three times the minimum rent plus a utility calculation to qualify. If gross income is less than this, the household will not qualify for the unit. (valid as of 03/01/2022).
o Eligibility and rent calculations will be based upon 30% of income less a utility allowance.
▪ Earned Income documents:
● Submitted tax returns, or,
● An average of 3 consecutive months of Paycheck stubs
● 6 months checking account
▪ Unearned income documents:
● SSI/SSDI- Award letter, ledger
● Retirement invoice, account ledger
● Unemployment, Award letter, ledger
VI. Self-Pay Minimum Rent/Unit Allocation
This only applies to initial applications
● Rodin
200 with Voucher preference
● 1 Bedroom
300 Voucher preference
● 2bedroom
400 (exception for Robert Shaw Elderly disabled Tenant)
● 3Bedroom
500
● 4 bedrooms
800
VII. Occupancy Standards/Deposits
Occupancy Standards:
The general standard for housing occupancy is
● 2 adults per bedroom
● 2 children per bedroom
Deposits: Deposits are due after lease signing and before move in date. All deposits will be at or above minimum rent (VI. Self-Pay Minimum Rent/Unit Allocation) and will be equal to the tenant’s portion of one month’s rent plus pet deposits.
● All tenants with pets will pay an additional refundable pet deposit of $300
o Maximum three pets
o Vaccination required
o Tenants must notify BCDC upon addition of a pet to household
● On lease termination, with keys turned to management and property vacant, remaining deposit balances will be returned within 30 days.
● The repayment of deposit may be reduced by lawful reductions.
VIII. Lease Terms, Violation and Enforcement
Lease Term: All lease terms will be for one year and can be renewed annually from the date of lease signing. All lease renewals will require an annual income recertification and may include a rent recalculation (V. Income Requirements & Rent Calculations.)
Denials: Lease applicants will be notified of denials within 10 business days of determination. Notification will include the specific reason for denial. Denials can be appealed. The appeal process will be detailed in the notice (IX. Right to Appeal.)
Lease Violations: Tenants shall be notified of violations of lease agreement by having a notice placed upon the door of the unit.
● If a violation in that notice has not been corrected within 7 business days, the tenant(s) will receive:
o Notice of proposed eviction and opportunity to correct lease violation
o Notice of Tenant's Rights
o The tenant will have seven days to resolve violation(s)
● If the violation still has not been corrected within another 7 days of notice, tenants will receive:
o Notice to vacate
● Additional steps for eviction may follow.
IX. Right to Appeal
Appeal Process:
● When an applicant or tenant does not agree with an administrative decision and wants to dispute the decision the first step is to submit the appeal with supporting documents to admin@blacklandcdc.org or by mail to:
Administration
1902 E. 22nd St.
Austin Tx. 78722
The appeal will be reviewed and a response will be sent through email or mail within seven business days following receipt of the appeal.
● If the applicant/tenant still does not agree with the proposed outcome, the next step is to meet through phone or virtual meeting with the BCDC Executive Director. The E.D. will schedule a meeting within 14 business days from receipt of notice of second step appeal from applicant/tenant. The Executive Director will provide a proposed resolution in writing to the applicant/tenant through email or U.S. Postal Service.
● If the applicant/tenant is still not in agreement with the proposed outcome, the final step is to meet with the Grievance Committee. A member of the Grievance Committee will respond and schedule a meeting within 14 business days after receipt of request for the meeting from the applicant/tenant. The Grievance Committee will give the final findings on the dispute in writing.
X. Tenant’s Council
Tenants have a right to organize and meet as an advocacy group representing their interests and advocate for their rights. BCDC will be available to assist in coordinating a meeting space for the tenant’s council if requested.
XI. Grievance process
This policy does not replace or amend the employee harassment policy. Tenants, board members, and/or staff and Blackland CDC (“BCDC”). have a right to file a grievance to the grievance committee.
Purpose:
Blackland Community Development Corporation (Blackland CDC) is aware that there may be times when a volunteer, employee or tenant may need to file an official complaint about unjust treatment, harassment, and/or health and safety concerns. This grievance procedure policy was created to clearly outline the process for these instances to ensure all are heard and treated equally. This policy does not replace or amend the employee harassment policy.
Scope:
This policy is applicable to all Blackland CDC tenants, volunteers, and employees. A grievance can be filed against any Blackland CDC employee, including senior management and Board Members. Blackland defines a "grievance" as a formal complaint, issue, and/or objection made by an employee or tenant or member of the Board of Directors. Blackland Community Development Corporation encourages employees and tenants to resolve minor disputes with the Executive Director and the Operations Assistant. If the informal complaint is not fairly and constructively resolved within 7 days, the individual may file a formal grievance.
Grievance Procedure:
Before filing an official grievance complaint, all employees review the employee handbook harassment section.
Individuals can file grievances when:
● Their health and safety have been compromised.
● They've witnessed poor supervisor and/or management behavior.
● There are unjust changes made to the employment/lease agreement.
● Policy guidelines are violated.
● There is a dispute between coworkers, tenants and/or management that has not been resolved through other efforts.
Filing a Grievance.
When filing a grievance, employees and tenants have the option of reporting their complaints using the company's email to contact the Executive Director and the Operations Assistant through g@blacklandcdc.org or by turning in writing to 1902 E 22nd St. Austin Tx. 78722 . The grievance should include a description of the grievance, when, where it happened and include supporting documentation/information.
When a grievance is filed, the accused also reserves the right to:
● View and request a copy of the official grievance complaint.
● Formally respond to the complaint.
● Attend all formal meetings with a witness.
● Appeal the final decision.
Company Responsibilities.
It is Blackland CDC’s responsibility to:
● Accept and thoroughly investigate all Grievance Complaint Forms.
● Ensure that the grievance is resolved within 21 days, after receiving the grievance complaint form.
● Will not retaliate
● Organize mediation meetings with the appropriate parties.
● Practice a high level of confidentiality throughout the grievance process.
● Accept and investigate all appeals.
● Ensure that the final decision is implemented.
XII. Maintenance
Emergency Services:
● Life- threatening emergencies are reported by calling 911 then calling BCDC at 512-810-9153.
● In the event of smell of natural gas:
o Exit building, call 911 or 800-700-2443.
Emergency Maintenance:
● Emergency maintenance requests are made by calling 512-810-9153
● Emergency maintenance includes maintenance which is required for protection of immediate health and welfare of the tenant which is not life threatening including but not limited to:
o No heat if outside temperature is below 50 degrees Fahrenheit
o No air conditioning when outside temperature is above 80 degrees Fahrenheit
o Flooding or water leaks including broken pipes
o Electrical spark
o No toilets in the unit are flushing
● Calling after hours for non-emergency may result in additional fees and/or fines.
Carbon monoxide detector: If your carbon monoxide detector goes off, please contact 311.
Emergency access to address emergency issues may be done with notice by BCDC staff.
Routine Maintenance: Tenants are responsible for notifying BCDC of any defects or dangerous conditions in and about the premises. BCDC shall be responsible to assign a work order for maintenance and provide no-cost repair to routine maintenance including, but not limited to: defective smoke detectors, plumbing, water leaks, security and electrical problems.
● Maintenance Requests can be made by tenants to:
o 512-220-8751
o admin@blacklandcdc.org
● Submittal of maintenance request conveys permission to enter Unit for maintenance for a period of up to one week.
o Failure to provide access to a unit for maintenance may result in fines or fees.
● Routine maintenance initiated by BCDC will be provided after a 24-hour notice sent via notice on door, email or phone call.
Maintenance Notices to Tenants:
● Maintenance will provide 24 hours prior notice before entering a unit for regular and preventative maintenance.
● Emergencies may be responded to and units may be entered by BCDC employees without prior notice.
Damages/Negligent Maintenance:
In some cases, maintenance is the result of tenant misuse or negligence resulting in maintenance needs. Maintenance caused by negligence or tenant damage that is not routine may result in charges to the tenant.
Lawn Maintenance:
Lawn maintenance is required by tenants unless otherwise expressed in lease and non-compliance with lease may result in fees and fines as detailed in lease.
XIII. Case Management/Person Support:
When funding for the position is available BCDC will provide person support/case management. This program is a service provided to tenants by BCDC to identify and increase your strengths to reach your goals, objectives and actions steps leading towards housing stability with community supports.
You have a right to and we commit to R.E.S.P.E.C.T.:
Responsible: You have the right to timely services and answers to your requests.
Empowerment: We encourage autonomy and self-determination. You have the right to appeal any decision made by any staff or board members of BCDC.
Strength Based: You are strong, resilient and independent. We focus on strengths within all individuals and build upon solutions to overcome barriers to accomplishing goals.
People focused: We use person first language instead of labels, People and community is our strongest equity, not money, (when possible we prioritize interaction over transaction.)
Engagement: In community creation. We recognize that we are all part of a broader community with shared goals and objectives including the common welfare of all people in our community.
Confidentiality: We value independence and will not release your information without your consent.
Together: We recognize that we are stronger together than alone.
XIV. Rental Assistance
On a case by case basis partial rent payment(s) may be accepted with waiver of late rent fee. These will need approval from the Executive Director/ Property Management. Households experiencing housing instability resulting in barriers to pay rent can meet with designated BCDC staff to increase housing stability through referrals to external rental assistance providers and/or to access a rental deferment plan (small extra monthly payments to catch up with rent). Rental deferral plans are plans that spread past rent missed across several months to allow tenant to make rent whole and avoid penalties (Rent + deferral payment cannot exceed 40% of income).
IF BCDC has direct client assistance funds through a granting agency the procedure described in that grant shall be followed.
Eligibility:
Applicant does not have unresolved Community rules within the last six-months.
Applicant demonstrates financial need
Applicant agrees to and participates in support services with designated BCDC staff including application for external assistance.
Can be eligible for financial assistance upon two month’s compliance with payment plan.
XV. Revision Notes
This policy and procedures document was last amended and approved on December 9, 2023
Community Policies Carried forward
I. Parking
Parking is allowed in designated parking areas only.
Tenants may not park or allow guests to park in other tenants parking spaces. Tenants at Rodin Village and Robert Shaw Village must have an assigned parking sticker displayed in the windshield of your vehicle. The assigned parking spot must match the numbered parking spot your vehicle is parked in.
Tenant’s Guests must park in the street and may not block driveways.
Tenants at Rodin and Robert Shaw must provide the issued hanging parking decal to visitors. Your guests may park in your assigned parking space, or any space marked for visitors only.
All vehicles must be in working, running condition and must have registration stickers in accordance with the law. Under no circumstances is parking permitted on BCDC property, on lawns including during game season and special events.
Vehicles will be towed at the owner’s expense.
II. Fines
Reasonable fines may be assessed to cover expense of remediation after attempts to have violation corrected by management from tenant.
Pet policy violations will be enforced with an initial fine of $25 for the first day and 5$ each additional day.
XVI. Inspections
BCDC staff will conduct and annual inspection for all properties.
BCDC may conduct special inspections including but not limited to any of the following reasons:
· Unit conditions that may be unsanitary
· Conditions dangerous to the health of the tenants or neighbors
· Conditions causing damage to the property or unit
· Suspected lease violation
· Preventive maintenance
· Routine maintenance
· There is reasonable cause to believe an emergency exists