Provision of UFAS-Accessible Units. a. Subject to the requirements of the UFAS-Accessible Unit Plan, referenced in Paragraph IV. (C)(2), HACP shall construct or convert a minimum of five percent (5%) of its 5,274 Total Housing Units as set forth in Appendix A or two hundred sixty-four (264) UFAS-Accessible units. b. The construction or conversion of these two hundred sixty-four (264) UFAS- Accessible Units shall commence no later than sixty (60) days following HUD’s approval of the UFAS-Accessible Unit Plan, described in Paragraph IV. (C)(2), below. Commence means construction contracts have been awarded. i. Nothing in this Agreement diminishes HACP’s obligation to comply with 24 C.F.R. §§ 8.4(b)(1)(i) and (ii), which prohibits recipients from providing housing to qualified individuals with disabilities that is not equal to that afforded others; or providing housing to qualified individuals with disabilities that is not as effective in affording the individual with an equal opportunity to achieve the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others. c. HACP must demonstrate the completion of the construction or conversion of the two hundred sixty-four (264) UFAS-Accessible Units, as described in Paragraph IV. (C)(1), above, within five (5) years of the effective date of this Agreement. d. Unless otherwise agreed by HUD pursuant to HUD’s approval of HACP’s UFAS- Accessible Unit Plan, described in Paragraph IV. (C)(2), below, HACP will demonstrate the completion of: i. a minimum of fifty (50) UFAS-Accessible Units, as described in Paragraph IV. (C)(1), no later than December 31, 2006; ii. a minimum of an additional sixty-five (65) units by December 31, 2007; or, a cumulative minimum of one hundred fifteen (115) units by December 31, 2007; iii. a minimum of an additional sixty-five (65) units by December 31, 2008; or, a cumulative minimum of one hundred eighty (180) units by December 31, 2008; iv. a minimum of an additional sixty-five (65) units by December 31, 2009; or, a cumulative minimum of two hundred forty-five (245) units by December 31, 2009; v. an additional nineteen (19) units by June 15, 2010; or, a cumulative minimum of two hundred sixty-four (264) units by June 15, 2010. e. The UFAS-Accessible units to be completed pursuant to this Agreement shall be to the maximum extent feasible and subject to reasonable health and safety requirements (See 24 C.F.R. § 8.26): (1) distributed throughout HACP’s developments and sites; and (2) available in a sufficient range of sizes and amenities so that a qualified individual with disabilities’ choice of living arrangements is, as a whole, comparable to that of other persons eligible for housing assistance under the same program. f. If HACP proposes to construct or modify as UFAS-Accessible fewer than five percent (5%) of the units in a given development, then HACP shall provide, for HUD’s review and approval, a detailed description and supporting documentation regarding structural impracticability and/or undue financial and administrative burden at each of those developments. See Paragraph IV. (D)(2). g. For purposes of calculating HACP’s construction or conversion of two hundred sixty- four (264) UFAS-Accessible housing units, as set forth in Paragraph IV. (C)(1), under no circumstance will the Department consider a proposal that would include greater than twenty-five percent (25%) of the total units in a single development. h. A UFAS-Accessible Unit will not be deemed completed under Paragraph IV. (C)(1)(d) until: i. the Non-Housing Programs serving that unit are accessible to individuals with disabilities; and ii. HACP has submitted a third-party certification that the UFAS-Accessible unit and Non-Housing Programs serving that unit comply with the requirements of UFAS, and where applicable, ADA Standards and the Fair Housing Act. See Paragraph IV. (C)(3). i. HACP’s Non-Housing Program Accessibility Plan, referenced in Paragraph IV. (D)(1), below, will identify those Non-Housing Programs that are currently inaccessible to persons with disabilities. HACP’s UFAS-Accessible Unit Plan and Non-Housing Program Accessibility Plan will coordinate the work required to ensure completion of UFAS-Accessible Units with accessible Non-Housing Programs within the timeframes set forth in Paragraph IV. (C)(1)(d). j. If HACP opts to provide a UFAS-Adaptable unit, as defined by this Agreement, as a UFAS-Accessible Unit, HACP must adopt and implement a formal policy and procedure whereby: (1) all new residents will be informed about adaptable features prior to leasing the unit and be able to request that adaptable features be modified or altered to the preference of the new resident; (2) consumer information about adaptable features will be provided within the unit prior to any move-in; (3) consumer information about adaptable features will be provided to residents during the annual recertification process; (4) consumer information will be provided directly to the new resident before move-in to enable him/her to request adjustments to the adaptable features prior to move-in; (5) HACP’s internal procedures are set forth, including specific timeframes, for commencing and completing modifications to an adaptable unit; and (6) the procedures will include the HACP employees and/or offices responsible for coordinating the processing of requests between the HACP’s Section 504/ADA Coordinator’s Office, Property Management & Occupancy Offices, Maintenance Department and/or Modernization & Development Department, as appropriate.
Appears in 1 contract
Sources: Voluntary Compliance Agreement
Provision of UFAS-Accessible Units. a. Subject The County shall construct or convert a minimum of five percent (5%), or four hundred seventy eight (478), of its (9,543) Total Housing Units, as delineated at Appendix A, UFAS-Accessible subject to the requirements of the UFAS-UFAS- Accessible Unit Plan, referenced in Paragraph IV. (C)(2), HACP shall construct or convert a minimum .
b. HUD may increase the number of five percent (5%) of its 5,274 Total Housing Units as set forth in Appendix A or two hundred sixtyUFAS-four (264) accessible units required under the County’s HUD-approved UFAS-Accessible unitsUnit Plan based on changes in need, pursuant to MDHA’s completion of the Needs Assessment identified in Paragraph IV. (E), below. See 24 C.F.R. § 8.25 (c).
b. c. The construction or conversion of these two hundred sixtyUFAS-four (264) UFAS- Accessible Units shall commence no later than sixty ninety (6090) days following HUD’s approval of the UFAS-Accessible Unit Plan, described in Paragraph IV. (C)(2), below. Commence means construction contracts have been awarded.;
i. (i) Nothing in this Agreement diminishes HACPMDHA’s obligation to comply with 24 C.F.R. §§ 8.4(b)(1)(i) and (ii), which prohibits recipients from providing housing to qualified individuals with disabilities that is not equal to that afforded others; or providing housing to qualified individuals with disabilities that is not as effective in affording the individual with an equal opportunity to achieve the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others.. In addition to the UFAS requirement at § 4.34(15)(c), all sleeping areas must be on an accessible route; and, when more than one bathroom is provided in a housing unit, additional bathrooms must be accessible, unless structural alterations are impractical or would create an undue administrative and financial burden beyond the control of the MDHA. See Notice PIH 2003-31 (HA), issued November 26, 2003, attached as Appendix B.
c. HACP d. The MDHA must demonstrate the completion of the construction or conversion of the two four hundred sixty-four seventy eight (264478) UFAS-Accessible Total Housing Units, as described in Paragraph IV. (C)(1), above, within five six (56) years of the effective date of this Agreement.
d. , or no later than December 31, 2010. Unless otherwise agreed by HUD pursuant to HUD’s approval of HACPMDHA’s UFAS- UFAS-Accessible Unit Plan, described in Paragraph IV. (C)(2), below, HACP MDHA will demonstrate the completion of:
i. (i) the UFAS-Accessible Unit Plan, as described in Paragraph IV. (C)(2), below, no later than March 31, 2006;
(ii) a minimum of fifty forty-eight (5048) UFAS-Accessible Units, as described in Paragraph IV. (C)(1), no later than December March 31, 20062007;
ii. (iii) a minimum of an additional sixty-five one hundred twenty (65120) units by December 31, 2007; or, a cumulative minimum of one hundred fifteen (115) units by December 31, 2007;
iii. a minimum of an additional sixty-five (65) units by December March 31, 2008; or, a cumulative minimum of one hundred eighty sixty eight (180168) units by March 31, 2008;
(iv) an additional one hundred forty three (143) units by March 31, 2009;
(v) an additional one hundred forty three (143) units by March 31, 2010; and,
(vi) an additional twenty four (24) units by December 31, 2008;
iv. a minimum of an additional sixty-five (65) units by December 31, 2009; or, a cumulative minimum of two hundred forty-five (245) units by December 31, 2009;
v. an additional nineteen (19) units by June 15, 2010; or, a cumulative minimum of two hundred sixty-four (264) units by June 15, 2010.
e. The UFAS-Accessible units to be completed pursuant to this Agreement shall be to the maximum extent feasible and subject to reasonable health and safety requirements (See 24 C.F.R. § 8.26):
(1) distributed throughout HACP’s developments and sites; and
(2) available in a sufficient range of sizes and amenities so that a qualified individual with disabilities’ choice of living arrangements is, as a whole, comparable to that of other persons eligible for housing assistance under the same program.
f. If HACP proposes to construct or modify as UFAS-Accessible fewer than five percent (5%) of the units in a given development, then HACP shall provide, for HUD’s review and approval, a detailed description and supporting documentation regarding structural impracticability and/or undue financial and administrative burden at each of those developments. See Paragraph IV. (D)(2).
g. For purposes of calculating HACP’s construction or conversion of two hundred sixty- four (264) UFAS-Accessible housing units, as set forth in Paragraph IV. (C)(1), under no circumstance will the Department consider a proposal that would include greater than twenty-five percent (25%) of the total units in a single development.
h. A UFAS-Accessible Unit will not be deemed completed under Paragraph IV. (C)(1)(d) until:
i. until the Non-Housing Programs serving that unit are accessible to individuals with disabilities; and
ii. HACP has submitted a third-party certification that the MDHA’s UFAS-Accessible unit Unit Plan and Non-Housing Programs serving that unit comply with Program Accessibility Plan will coordinate MDHA’s work to ensure achievement of both non-housing program accessibility and the requirements production of UFAS, and where applicable, ADA Standards and the Fair Housing Act-accessible units. See Paragraph IV. (C)(3).
i. HACP’s The Non-Housing Program Accessibility Plan, referenced in Paragraph IV. (D)(1), below, will identify those Non-Housing Programs that are currently inaccessible to persons with disabilities. HACP’s disabilities and coordinate the timeframes for completion of modifications to the Non-Housing Programs and UFAS-Accessible Unit Plan and Non-Housing Program Accessibility Plan will coordinate the work required to ensure completion of UFAS-Accessible Units with accessible Non-Housing Programs within the timeframes set forth in Paragraph IV. (C)(1)(d)Plan.
j. If HACP opts to provide a UFAS-Adaptable unit, as defined by this Agreement, as a UFAS-Accessible Unit, HACP must adopt and implement a formal policy and procedure whereby: (1) all new residents will be informed about adaptable features prior to leasing the unit and be able to request that adaptable features be modified or altered to the preference of the new resident; (2) consumer information about adaptable features will be provided within the unit prior to any move-in; (3) consumer information about adaptable features will be provided to residents during the annual recertification process; (4) consumer information will be provided directly to the new resident before move-in to enable him/her to request adjustments to the adaptable features prior to move-in; (5) HACP’s internal procedures are set forth, including specific timeframes, for commencing and completing modifications to an adaptable unit; and (6) the procedures will include the HACP employees and/or offices responsible for coordinating the processing of requests between the HACP’s Section 504/ADA Coordinator’s Office, Property Management & Occupancy Offices, Maintenance Department and/or Modernization & Development Department, as appropriate.
Appears in 1 contract
Sources: Voluntary Compliance Agreement
Provision of UFAS-Accessible Units. a. Subject The HACLV shall construct or convert a minimum of five percent (5%), or 104 of its (2,074) Total Housing Units, as delineated at Appendix A, UFAS-Accessible subject to the requirements of the UFAS-Accessible Unit Plan, referenced in Paragraph IV. G (C)(22), HACP shall construct or convert a minimum of five percent (5%) of its 5,274 Total Housing Units as set forth in Appendix A or two hundred sixty-four (264) UFAS-Accessible units.
b. The construction or conversion of these two hundred sixty-four (264) UFAS- Accessible Units units shall commence no later than sixty ninety (6090) days following HUD’s approval of the UFAS-Accessible Unit Plan, described in Paragraph IV. IV G (C)(22), below. Commence means construction contracts have been awarded.
i. (i) Nothing in this Agreement diminishes HACPHACLV’s obligation to comply with 24 C.F.R. §§ 8.4(b)(1)(i) and (ii), which prohibits recipients from providing housing to qualified individuals with disabilities that is not equal to that afforded others; or providing housing to qualified individuals with disabilities that is not as effective in affording the individual with an equal opportunity to achieve the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others.. In addition to the UFAS requirement at § 4.34(15)(c), all sleeping areas must be on an accessible route; and, when more than one bathroom is provided in a housing unit, additional bathrooms must be accessible, unless structural alterations are impractical or would create an undue administrative and financial burden beyond the control of the HACLV. See Notice PIH 2003-31 (HA), issued November 26, 2003, attached as Appendix B.
c. HACP The HACLV must demonstrate the completion of the construction or conversion of the two hundred sixty-four (264) UFAS-Accessible 104 Total Housing Units, as described in Paragraph IV. H (C)(11), above, within five (5) years of the effective date of this Agreement.
d. no later than December 31, 2007. Unless otherwise agreed by HUD pursuant to HUD’s approval of HACPHACLV’s UFAS- UFAS-Accessible Unit Plan, described in Paragraph IV. G (C)(22), below, HACP HACLV will demonstrate the completion of:
i. a minimum of fifty thirty-five (5035) UFASunits by December 31, 2005; an additional thirty-Accessible Units, as described in Paragraph IV. five (C)(1), no later than 35) units by December 31, 2006;
ii. a minimum of an additional sixty; and, thirty-five four (6534) units by December 31, 2007; or, a cumulative minimum of one hundred fifteen (115) units by December 31, 2007;
iii. a minimum of an additional sixty-five (65) units by December 31, 2008; or, a cumulative minimum of one hundred eighty (180) units by December 31, 2008;
iv. a minimum of an additional sixty-five (65) units by December 31, 2009; or, a cumulative minimum of two hundred forty-five (245) units by December 31, 2009;
v. an additional nineteen (19) units by June 15, 2010; or, a cumulative minimum of two hundred sixty-four (264) units by June 15, 2010.
e. The UFAS-Accessible units to be completed pursuant to this Agreement shall be to the maximum extent feasible and subject to reasonable health and safety requirements (See 24 C.F.R. § 8.26):
(1) distributed throughout HACP’s developments and sites; and
(2) available in a sufficient range of sizes and amenities so that a qualified individual with disabilities’ choice of living arrangements is, as a whole, comparable to that of other persons eligible for housing assistance under the same program.
f. If HACP proposes to construct or modify as UFAS-Accessible fewer than five percent (5%) of the units in a given development, then HACP shall provide, for HUD’s review and approval, a detailed description and supporting documentation regarding structural impracticability and/or undue financial and administrative burden at each of those developments. See Paragraph IV. (D)(2).
g. For purposes of calculating HACP’s construction or conversion of two hundred sixty- four (264) UFAS-Accessible housing units, as set forth in Paragraph IV. (C)(1), under no circumstance will the Department consider a proposal that would include greater than twenty-five percent (25%) of the total units in a single development.
h. A UFAS-Accessible Unit will not be deemed completed under Paragraph IV. (C)(1)(d) until:
i. the Non-Housing Programs serving that unit are accessible to individuals with disabilities; and
ii. HACP has submitted a third-party certification that the UFAS-Accessible unit and Non-Housing Programs serving that unit comply with the requirements of UFAS, and where applicable, ADA Standards and the Fair Housing Act. See Paragraph IV. (C)(3).
i. HACP’s Non-Housing Program Accessibility Plan, referenced in Paragraph IV. (D)(1), below, will identify those Non-Housing Programs that are currently inaccessible to persons with disabilities. HACP’s UFAS-Accessible Unit Plan and Non-Housing Program Accessibility Plan will coordinate the work required to ensure completion of UFAS-Accessible Units with accessible Non-Housing Programs within the timeframes set forth in Paragraph IV. (C)(1)(d).
j. If HACP opts to provide a UFAS-Adaptable unit, as defined by this Agreement, as a UFAS-Accessible Unit, HACP must adopt and implement a formal policy and procedure whereby: (1) all new residents will be informed about adaptable features prior to leasing the unit and be able to request that adaptable features be modified or altered to the preference of the new resident; (2) consumer information about adaptable features will be provided within the unit prior to any move-in; (3) consumer information about adaptable features will be provided to residents during the annual recertification process; (4) consumer information will be provided directly to the new resident before move-in to enable him/her to request adjustments to the adaptable features prior to move-in; (5) HACP’s internal procedures are set forth, including specific timeframes, for commencing and completing modifications to an adaptable unit; and (6) the procedures will include the HACP employees and/or offices responsible for coordinating the processing of requests between the HACP’s Section 504/ADA Coordinator’s Office, Property Management & Occupancy Offices, Maintenance Department and/or Modernization & Development Department, as appropriate.
Appears in 1 contract
Sources: Voluntary Compliance Agreement