The Trainer
Responding to Household Composition Changes; Setting Smoke Detector Policy
In this month's issue, we discussed what you need to know about complying with HUD rules regarding changes in household composition. In general, HUD requires that, when there are changes in household composition, you need to recalculate the household's income and rent and possibly require the family to transfer to a larger unit at your site. According to HUD rules, residents must report when: the family moves out; the family proposes to move a new member in; a formerly unemployed adult obtains employment; and the family's income increases by $2,000 or more per month. Remember, if residents fail to report this information, and you find out about it, you must notify the resident in writing of the lease clause violation and give the resident 10 days to respond and get the interim recertification started.
In our feature article on developing a smoke detector policy that complies with HUD rules, we discussed how important it is to have a smoke detector policy in place that includes a requirement that residents sign a printed acknowledgement that a detector is in operation in their unit. In an important legal case, Fields v. SandW Realty Assocs., a court of appeals dismissed a case in which residents claimed that the owner had been negligent because he failed to install a smoke detector in their unit. Reason: The owner produced a document signed by the residents acknowledging the installation of the smoke detector.
TRAINER'S QUIZ
INSTRUCTIONS: Each of the questions below has only one correct answer. On a separate sheet of paper, write down the number of each question, followed by the answer you have chosen—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the quiz. Good luck!
QUESTION #1
When you learn that a household has added a new member, you must recertify the household and recalculate the rent, no matter whether it will increase or decrease. True or false?
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True.
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False.
QUESTION #2
Fill in the blank: If the size of a household increases, HUD says that you need to evaluate whether the unit as presently occupied might be _______________.
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Too much for you to handle administratively.
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Above census guidelines.
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Overoccupied.
QUESTION #3
If you determine that a transfer is needed due to overcrowding, you must notify the household about the need to transfer units. Which of the following must you indicate in your written notice?
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That the lease requires unit transfer.
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The reason why the current unit is no longer appropriate.
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A moving deadline.
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All of the above.
QUESTION #4
If it is determined that a household must move because of overoccupancy and the household does not comply, the household will not suffer any detrimental consequences. True or false?
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True.
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False.
QUESTION #5
Fill in the blank: You should have the resident sign the smoke detector policy at the time of the _______________.
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Move-out inspection.
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Move-in inspection.
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On any weekend.
QUESTION #6
A good time to have residents sign the smoke detector policy is during annual or other regularly scheduled inspections. True or false?
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True.
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False.
QUESTION #7
Fill in the blank: When residents make a repair request, that's a good time to _______________.
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Make sure that the smoke detector is working.
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Ask the resident whether he has checked to make sure the smoke detector is working.
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Ask the resident to discuss the smoke detector policy with you.
QUESTION #8
It's good policy to let residents use batteries in smoke detectors for their own personal use. True or false?
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True.
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False.
ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: a
HUD requires you to recalculate the household's share of the rent to take into account any change in the household income caused by the new member. In some cases, the household's rent will increase if the new member has a job or other income sources. In other cases, the household rent will decrease, if, for example, the new member causes the household to qualify for new allowances for which it was not previously qualified, such as childcare expenses.
QUESTION #2
Correct answer: c
You would make this assessment based on your site's occupancy standards [HUD Handbook 4350.3, par. 7-15]. Added household members could make for overcrowded conditions that cause greater wear and tear, increased utility costs, and extra maintenance problems. An overcrowded unit also could violate local housing codes.
QUESTION #3
Correct answer: d
You must indicate that: (a) you aren't just arbitrarily making the household move, but instead are complying with the lease and HUD rules; (b) you are complying with the occupancy standards and limitations; and (c) you are complying with HUD lease requirements that a household must move into a new unit within 30 days after receiving the notice.
QUESTION #4
Correct answer: b
The household will lose its housing assistance if it does not comply with the transfer request by the deadline. HUD's lease makes it clear that if the household wishes to remain in the same unit, it must pay the HUD-approved market rent.
QUESTION #5
Correct answer: b
HUD requires that the resident be part of a move-in inspection before signing the lease. This is a good time to have the smoke detector acknowledgement signed.
QUESTION #6
Correct answer: a
These are opportune times for you to have the resident re-acknowledge that there is a working smoke detector in the unit.
QUESTION #7
Correct answer: a
It is your responsibility to make sure that smoke detectors are in working order. When residents ask for repairs, that's a good time to check that the smoke detector is operational.
QUESTION #8
Correct answer: b
It is not good policy to let residents take out batteries from a smoke detector except to replace them with other batteries when the smoke detector is not working. Some owners institute policies requiring residents to pay fines if they remove batteries from smoke detectors for their own personal devices.