Common use of Tenant Selection Plan Clause in Contracts

Tenant Selection Plan. The North Carolina Housing Finance Agency (the Agency) has a responsibility to affirmatively further fair housing within its housing programs. Among the Agency’s public policy objectives related to fair housing are the following: 1. Ensure access to housing created through our programs by vulnerable, underserved, and at-risk populations through the application of reasonable tenant selection criteria by our landlord partners. 2. Ensure access for vulnerable, underserved, and at-risk populations in the most integrated settings within the community. 3. Ensure compliance with all applicable federal regulations related to fair housing. This includes but is not limited to:  Title VI of the Civil Rights Act of 1964 ▪ Prohibits discrimination on the basis of race, color and national origin in programs and activities receiving federal financial assistance.  The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) ▪ Prohibits discrimination in the sale, rental and financing of housing based on race, color, sex, religion, and national origin.  The 1988 Fair Housing Amendments Act ▪ Expands the scope of the Fair Housing Act by adding disability status and familial status as protected categories. The legislation also strengthened federal enforcement provisions.  Title II of the Americans with Disabilities Act of 1990 ▪ Protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs and activities provided by state and local government entities regardless of whether these entities receive Federal financial assistance.  The Violence Against Women Act of 1994 (VAWA) ▪ Requires that properties have emergency transfer plans and emergency transfer request procedures for victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity or sexual orientation. Applies to all federal programs. NC Housing Finance Agency requires landlords who participate in Agency-administered rental programs to have a written property-specific Tenant Selection Plan. The criteria contained in a Tenant Selection Plan must not be so restrictive that it creates a disparate impact on groups protected by the federal Fair Housing Act. The criteria must align with HUD’s requirement for housing entities to affirmatively further fair housing and conform to any applicable HUD guidance published on the subject. Agency-administered properties that include financing from the U.S. Department of Agriculture Rural Development (RD 515) must prepare and maintain Tenant Selection Plans in accordance with Rural Development guidelines. To the extent such a Tenant Selection Plan does not address all the elements in the Agency policy, the property owner must either modify the RD plan or prepare an addendum that addresses all of the Agency-required elements. In the event Rural Development requires subsequent changes to the Tenant Selection Plan, the owner must submit any modifications to the Agency for review and approval. Agency-administered properties that are regulated by the federal Department of Housing and Urban Development (HUD) Multifamily or HUD Public and Indian Housing must prepare and maintain Tenant Selection Plans in accordance with HUD guidelines. To the extent such a Tenant Selection Plan does not address all the elements in the Agency policy, the property owner must either modify the HUD plan or prepare an addendum that addresses all of the Agency-required elements. In the event HUD or the contract administrator requires subsequent changes to the Tenant Selection Plan, the owner must submit any modifications to the Agency for review and approval. For all Agency-monitored properties, regardless of HUD or RD participation, a property’s Tenant Selection Plan must: 1. Specify how applicants are selected for tenancy. All criteria used in the decision-making process must be included in the plan. The plan must have enough specificity that the applicant can read it and reasonably determine their likelihood of acceptance to the property. 2. Contain screening criteria that is no more restrictive than described in section 3 below. 3. Be clearly posted in the property rental office as well as anywhere else applications are disseminated, including websites. Copies of the Tenant Selection Plan must be available to applicants upon request. All properties subject to Agency monitoring must: 1. Submit a Tenant Selection Plan for Agency review and approval:  New properties placing in service on or after January 1, 2019 must submit a plan that meets the requirements enumerated below.  Properties receiving funding through the Integrated Supportive Housing Program (ISHP) must submit a plan that meets the requirements enumerated below as a condition of ISHP loan closing.  Existing properties which have an approved Tenant Selection Plan based on the Agency’s Fair Housing and Tenant Selection policy published on July 5, 2016 are required to update the plan to comply with the requirements enumerated below no later than January 1, 2021. 2. Implement any Agency required lease addenda addressing fair housing (see Appendix E - Mandatory Tax Credit Lease Addendum):  New leases executed on or after January 1, 2019 must include the addenda.  Lease renewals that occur on or after January 1, 2019 must include the addenda. Failure to comply with either of these requirements, or failure to satisfactorily address concerns or deficiencies identified by the Agency, may result in the property owner and/or agent being considered not in good standing and result in a suspension from doing future business with the Agency until the issue is corrected.

Tenant Selection Plan. The North Carolina Housing Finance Agency (the Agency) has a responsibility to affirmatively further fair housing within its housing programs. Among the Agency’s public policy objectives related to fair housing are the following: 1. Ensure access to housing created through our programs by vulnerable, underserved, and at-risk populations through the application of reasonable tenant selection criteria by our landlord partners. 2. Ensure access for vulnerable, underserved, and at-risk populations in the most integrated settings within the community. 3. Ensure compliance with all applicable federal regulations related to fair housing. This includes but is not limited to:  Title VI of the Civil Rights Act of 1964 ▪ Prohibits discrimination on the basis of race, color and national origin in programs and activities receiving federal financial assistance.  The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) ▪ Prohibits discrimination in the sale, rental and financing of housing based on race, color, sex, religion, and national origin.  The 1988 Fair Housing Amendments Act ▪ Expands the scope of the Fair Housing Act by adding disability status and familial status as protected categories. The legislation also strengthened federal enforcement provisions.  Title II of the Americans with Disabilities Act of 1990 ▪ Protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs and activities provided by state and local government entities regardless of whether these entities receive Federal financial assistance.  The Violence Against Women Act of 1994 (VAWA) ▪ Requires that properties have emergency transfer plans and emergency transfer request procedures for victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity or sexual orientation. Applies to all federal programs. NC Housing Finance The Agency requires landlords who participate in Agency-administered rental programs to have a written property-specific Tenant Selection Plan. The criteria contained in a Tenant Selection Plan must not be so restrictive that it creates a disparate impact on groups protected by the federal Fair Housing Act. The criteria must align with HUD’s requirement for housing entities to affirmatively further fair housing and conform to any applicable HUD guidance published on the subject. Agency-administered properties that include financing from the U.S. Department of Agriculture Rural Development (RD 515) must prepare and maintain Tenant Selection Plans in accordance with Rural Development guidelines. To the extent such a Tenant Selection Plan does not address all the elements in the Agency policy, the property owner must either modify the RD plan or prepare an addendum that addresses all of the Agency-required elements. In the event Rural Development requires subsequent changes to the Tenant Selection Plan, the owner must submit any modifications to the Agency for review and approval. Agency-administered properties that are regulated by the federal Department of Housing and Urban Development (HUD) Multifamily or HUD Public and Indian Housing must prepare and maintain Tenant Selection Plans in accordance with HUD guidelines. To the extent such a Tenant Selection Plan does not address all the elements in the Agency policy, the property owner must either modify the HUD plan or prepare an addendum that addresses all of the Agency-required elements. In the event HUD or the contract administrator requires subsequent changes to the Tenant Selection Plan, the owner must submit any modifications to the Agency for review and approval. For all Agency-monitored properties, regardless of HUD or RD participation, a property’s Tenant Selection Plan must: 1. Specify how applicants are selected for tenancy. All criteria used in the decision-making process must be included in the plan. The plan must have enough specificity that the applicant can read it and reasonably determine their likelihood of acceptance to the property. 2. Contain screening criteria that is no more restrictive than described in section 3 below. 3. Be clearly posted in the property rental office as well as anywhere else applications are disseminated, including websites. Copies of the Tenant Selection Plan must be available to applicants upon request. All properties subject to Agency monitoring must: 1. Submit a Tenant Selection Plan for Agency review and approval:  New properties placing in service on or after January 1, 2019 must submit a plan that meets the requirements enumerated below.  Properties receiving funding through the Integrated Supportive Housing Program (ISHP) must submit a plan that meets the requirements enumerated below as a condition of ISHP loan closing.  Existing properties which have an approved Tenant Selection Plan based on the Agency’s Fair Housing and Tenant Selection policy published on July 5, 2016 are required to update the plan to comply with the requirements enumerated below no later than January 1, 2021. 2. Implement any Agency required lease addenda addressing fair housing (see Appendix E - Mandatory Tax Credit Lease Addendum):  New leases executed on or after January 1, 2019 must include the addenda.  Lease renewals that occur on or after January 1, 2019 must include the addenda. Failure to comply with either of these requirements, or failure to satisfactorily address concerns or deficiencies identified by the Agency, may result in the property owner and/or agent being considered not in good standing and result in a suspension from doing future business with the Agency until the issue is corrected.