The Trainer — June 2013
PROCESSING REQUESTS FOR MINIMUM RENT EXEMPTIONS; CONTROLLING ACCESS TO KEYS
In this month’s feature, we discussed how HUD occupancy regulations require all households living at Section 8 sites to pay a monthly rent of at least $25. But households that can’t afford to pay the $25-per-month minimum rent can ask you for an exemption from this requirement. We explained who qualifies for an exemption from paying minimum rent, and what steps to take to process an exemption request properly.
Our article on handling keys explained that, although it’s essential to keep keys on hand so that you can enter your site’s units in an emergency, you’re asking for trouble if you don’t keep careful track of the keys you have for this purpose. An intruder might get hold of a unit key and use it to commit a crime, such as robbery or assault, in the unit. And a court might find you liable for that crime. We gave you eight tips for improving control over keys to protect your residents and reduce liability.
QUIZ
QUESTION #1
After a household requests an exemption from minimum rent, you can’t suspend the minimum rent until after you determine whether the household qualifies for the exemption. True or false?
a. True.
b. False.
QUESTION #2
Which of the following circumstances does HUD say may explain why a household can’t afford to pay the minimum rent?
a. The household lost eligibility for a federal, state, or local assistance program.
b. The household would be evicted if the minimum rent requirement was imposed.
c. A household member lost her job.
d. A household member died.
e. All of the above.
QUESTION #3
A household that has been granted a minimum rent exemption must eventually pay back the minimum rent that accrued during the exemption period, after the household resumes paying rent again. True or false?
a. True.
b. False.
QUESTION #4
You’ve determined that a household qualifies for a short-term minimum rent exemption. You should have the household head sign a repayment agreement for the suspended rent as soon as the household resumes paying minimum rent. True or false?
a. True.
b. False.
QUESTION #5
A duplicate key system provides more security than a master key system. True or false?
a. True.
b. False.
QUESTION #6
You shouldn’t allow staff members to take keys unless you’ve run a criminal background check on them within the past two years. True or false?
a. True.
b. False.
QUESTION #7
Experts recommend changing a unit’s lock in which of the following situations?
a. When a unit turns over.
b. When a resident reports a lost or stolen key.
c. When a resident reports there was an unauthorized, unforced entry into his unit.
d. When a resident asks you to change the lock after obtaining a restraining order against another member of her household.
e. All of the above.
ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: b
False. Once a household requests an exemption from minimum rent, you must suspend the minimum rent beginning with the month that immediately follows the date of the request [HUD Handbook 4350.3, par. 5-26(D)(3)(b)]. This means that you can’t evict the household for not paying the minimum rent during the time it takes to determine whether the household qualifies for an exemption.
QUESTION #2
Correct answer: e
HUD cites all these specific circumstances as reasons why a household won’t be able to or—for those that have been paying minimum rent—can no longer afford to pay the minimum rent [HUD Handbook 4350.3, par. 5-26(D)(3)(a)].
QUESTION #3
Correct answer: b
False. If the household’s need for an exemption is short-term—that is, you’ve suspended their minimum rent obligation for up to 90 days—then the household must repay the total amount of the suspended rent at the end of the short-term exemption period, subject to a reasonable repayment schedule. But households that can verify that they need long-term exemptions will be allowed to have their minimum rent waived, without being required to pay back the waived amount. In the case of a long-term exemption, note that you must recertify the household every 90 days to verify that the circumstances haven’t changed.
QUESTION #4
Correct answer: b
False. You should have the household head sign the repayment agreement as part of the request for the exemption. You should use a separate agreement to spell out the repayment terms, which can be signed as soon as the short-term minimum rent suspension is over.
QUESTION #5
Correct answer: a
True. A master key system is a problem if someone finds or steals a master key, because that person will have access to all the units at your site without accountability. To make the site secure, you’ll need to change all the locks at the site, which is expensive and time-consuming. On the other hand, if a key in the duplicative key system is lost or stolen, only one unit is affected.
QUESTION #6
Correct answer: a
True. It’s a good practice to have a policy of running a criminal background check on staff members to whom you give access to unit keys. If you give a unit key to a staff member with a criminal background, the site could be held liable for misuse of that key.
QUESTION #7
Correct answer: e
Note that in situations involving a restraining order, before changing the lock, it’s prudent to check with your attorney about what the restraining order says and what your state law requires.