Tenant Selection Plan

Thank you for your interest in applying to live at our community. These criteria are provided to you to define the process we use to select our residents. Housing Authority of Yamhill County is an Equal Housing Opportunity provider and seeks to process all applicants in a fair and consistent manner. Sunnyside Apartments is designated as an Alcohol and Drug-Free Community (ADFC) for ALL it’s residents.

I. GENERAL REQUIREMENTS

Positive identification with a picture will be required (photocopy may be kept on file).

All applicants must disclose social security numbers for all household members upon move in, if applicable.

Primary applicants must be of legal age to enter into a legal contract under state and local laws.

All adults must sign lease and all lease addendums/riders.

ADFC: Sunnyside Apartments (The Property) is an ADFC established under ORS 90.243. At least one household member must:

1. Have a minimum of ninety (90) days of verifiable sobriety; and

2. Have on-going and verifiable participation in a recognized program of recovery from chemical dependency or alcoholism. Such programs include but are not limited to 1-step recovery programs, faith-based recovery programs, and methadone or suboxone treatment programs accompanied by appropriate case-management or counseling.

NOTE: Being an ADFC designated property, you will be required to provide a urine sample for analysis (“UA”). UA’s will be conducted prior to lease up, as needed, and at the discretion of recovery program and/or authorized medical personnel.

II. OCCUPANCY POLICY

The Property has established standards on occupancy to permit the tenant to select the apartment size they deem appropriate to their needs while preventing overcrowding and underutilization of the apartment. Occupancy is based on number of bedrooms in an apartment. 2 persons are allowed per bedroom, plus one additional occupant. Applicants wishing to appeal this policy may do so in writing to Director of Asset Management, 135 NE Dunn Place. McMinnville, OR 97128.

This property leases/rents the following bedroom size(s), when available

• • ONE (1) BEDROOM         14 Units
  • TWO (2) BEDROOM         1 Unit

Apartments will be leased in accordance with the following minimum and maximum household compositions in each unit size:

To determine the proper bedroom size, for which a household may qualify, the following household members are to be included:

• • All full-time members of the household;
  • All children anticipated to reside in the unit including children away at school who live in the apartment during school breaks;
    • Except Students that have established residency at another address.
  • Children subject to custody agreements or joint custody, residing in the apartment at least 50% of the time or a minimum of six (6) months out of the year;
  • Unborn children;
  • Foster children;
  • Live-in attendant.

In the event an applicant family member, or someone associated with that household, has a physical or mental handicap which requires an apartment larger that the size allowed above, applicant may submit a request for accommodation to Sunnyside Apartments for review.

Minimum allowable income: Applicant’s actual gross monthly income must be at least two (2) times the rent charged for the unit.

Current monthly rent amounts:

Please contact the property office to obtain current rental amounts.

Utilities                               
Tenants are responsible for paying the electricity service.

Water/sewer/garbage is paid by The Property.

Floating set-asides (how unit affordability status’ are swapped): Due to the affordability programs in affect at the property it may become necessary to ‘float’ (i.e. swap) the program status from one unit to the next.

Redesignating HOME units: To maintain the correct unit mix of HOME units, a HOME unit may need to be re-designated.  If at recertification a tenant occupying a HOME designated unit goes over the applicable income limit a re-designation needs to occur, the next vacant unit of the same bedroom size will be re-designated as a HOME unit prior to being filled, and the next tenant to occupy the unit must be income eligible for the newly re-designated unit.

III. PET POLICY    

Management must pre-approve all pets before the pets are allowed in any apartment or on the property. There is a maximum of two (2) pre-approved pets per household. An aquarium of 15 gallons or more or a cage will be considered one pet.

A deposit of $300 per pet will be required OR approved payment plan before the pet is allowed in any apartment or on the property.

Sunnyside Apartments reserves the right to restrict pets that demonstrate aggressive, threatening, or violent behavior.

Note: Assistance animals are not considered pets.  They are animals that work, provide assistance, or perform tasks that specifically aid a person with a disability, or animals that provide emotional support that alleviates one or more identified symptoms or effects of a person's disability. Pet deposits are not required for a tenant’s assistance animal.

IV.  WAITING LIST PRIORITIES

It is the policy of The Property that a priority does not guarantee admission. Every applicant must still meet The Property's tenant selection standards for acceptance as a resident.

In-place residents on the waitlist shall have priority consideration over outside applicants if under/over housed or made a request for a reasonable accommodation.

If a household applies that has been displaced by government action or a declared presidential emergency with appropriate documentation. These applicants will take priority over other outside applicants.

The Property will grant a waitlist priority for persons referred by partner agencies providing eligible services per MOUs with said partner agencies. Applicants claiming a priority must provide a written referral as verification of participation from one or more of the approved agencies.  

The Property will follow HUD income targeting requirements. Applicant households with incomes at or below the designated income limits for the available unit will be selected.

5. APPLICATION PROCESS

Our staff is prepared to assist any applicant who requires assistance completing any of the application forms. This assistance might include answering questions about the application, helping applicants who might have literacy, vision, hearing, mobility or language difficulties and, in general, making it possible for interested parties to apply for housing.

If the assistance is “unreasonable", the interviewer must inform their supervisor. An assessment must be made to identify and provide reasonable accommodation.

The Property may make and document exceptions to the procedures described herein to take into account circumstances beyond the applicant's control, for example, medical situations.

Waitlist Application Process

Waitlist application and property information forms are to be given or mailed to all applicants requesting an application. Applications are accepted at the apartment community’s rental office, in person, or by any of the methods listed below:

1. Mail to the property’s mailing address: 267 NE May Lane McMinnville, OR 97128
2. Email to the property’s email address: sunnyside@hayc.org
3. Rent Caf via the property’s website: www.sunnyside.hayc.org

However, if the waitlist is closed, applications are not collected, given or mailed out. If the waitlist is open then an application can be submitted.

Specific determinations regarding accepting or rejecting applicants may not be made without a waitlist application; however, we would be happy to answer any questions concerning program and eligibility requirements.

Procedure governing receipt of applications

The waitlist application constitutes the basic record of each household applying for admission. Each adult applicant, therefore, will be required to:

• • Supply information as called for on the form, and
  • Sign the application and certification attesting to the accuracy of the information provided.

Each application shall reflect the date and time received. The date and time on the application must be shown on the waitlist. The application and all other materials relating to the applicant's eligibility are to be maintained in a separate file for each active applicant. Whenever information is received from an applicant it must show the date and time received by The Property.

Accepting Applications

Waitlist applications are to be accepted from all "apparently eligible" applicants seeking admission to the property. "Apparently eligible" means, based on stated information and applicant certification (prior to verification) the applicant may qualify to be placed on the waitlist.

• • The waitlist application must be completed and signed by the head of household and all household members over 18 before an applicant can be placed on a waitlist.
  • An applicant must always be placed on a waitlist and selected from a waitlist to be housed.
  • A rental application must be completed and signed by the head of

household and all household members over 18 is required before an applicant can be housed.

Placing Applications on the Waitlist

Waitlist applications will be accepted and reviewed to determine whether the household can be placed on the waitlist. Applicants will be placed on the waitlist based on the applicants' certification of information on the Waitlist Application.

There are three primary considerations when assessing the information contained on the waitlist application:

1. Does the household fall within the income limits and eligibility criteria for the property/program?
2. Is there an apartment of the type and size that the household needs/requests?
3. Is the waitlist open?

If the answer to all three of these questions is "yes", the household/application is placed on the waitlist in "Prospect" status.

If all of the answers are yes except for the apartment type, and there is not a correct apartment type to meet the applicant's housing needs, then a determination must be made by the property manager whether the Property/unit must be made accessible and/or if reasonable accommodation is warranted.

If the household does not fall within the income limits for the property/program, or there is not an apartment of the appropriate size, or the waitlist is closed, then:

• • The application is rejected and the reason written on the application
  • The applicant is notified of the rejection with the notice of right to appeal and they are advised that they may reapply if their circumstances change, or when the waitlist reopens, and
  • There is no further review of the application.

An applicant must be advised of the rejection in writing with a copy of the written determination. This will be done within fourteen (14) calendar days of receipt, by mail.

Notification of Unit Availability

If you are contacted and notified by phone and/or a notice that you are getting close to the top of the waitlist/available unit, you will have four (4) days from first contact to respond and complete a full application for each adult and complete the necessary paperwork to begin the screening and eligibility process. These must be received with wet signatures or via our online application portal for processing. These will only be accepted in person, on the online resident portal, or via mail to the rental office.

1. If a waitlist applicant chooses not to accept an apartment at that time, you will be removed from the waitlist for that unit type. You may re-apply to be placed back on the waitlist if you are still interested.

Example: Your household is on the one & two-bedroom waitlists. You are contacted and offered a one-bedroom unit and refuse. Your household will be removed from the one-bedroom waitlist, but the household will remain on the two-bedroom waitlist.

2. If you do not contact management within the required period, you will be removed from the waitlist and the available unit will be offered to the next person on the waitlist.
3. Once your application has been approved, you will have 48 hours to execute the lease provide payment for an execution deposit and other rental documents. If you do not execute the lease and other rental documents within 48 hours, you will be deemed to have rejected the offered unit, will be removed from the waitlist and the next person on the waitlist will be contacted for the available unit.

6. TRANSFER PROCESS

In-place residents who need to transfer to a different unit are placed on the waiting list even when the waiting list is closed. In other words, an in-place household may be placed on the waiting list at any time based on date and time of application.

In-place residents shall have priority over the outside applicants when any of the following conditions exist:

• • Household size changes so that the current apartment size is no longer appropriate, and the household is over-crowded or under housed and a unit transfer is required.
  • The household develops a need for an accessible unit (if available).
  • A unit transfer is needed for medical reasons.
  • An accessible unit is occupied by a household that does not require the accessible features and there is an applicant or current household requiring the accessibility.

A current household that would like to transfer to a different unit size, but do not meet one of the criteria listed above will be placed on the waiting list by the date and time the request is received. These households will not have priority over outside applicants and will be selected from the waiting list based upon date and time application was received.

A current household may request a unit wherein only part of the household will move to the new unit and remaining members will continue to reside in the original unit. This is not considered a transfer but rather a new household is being created. In this case the new household will be placed on the waiting list according to the date and time received. The new household must meet all eligibility criteria in the same manner as outside applicants. These households will not have priority over outside applicants and will be selected from the waiting list based upon date and time application was received. If applicable, the remaining members must also still qualify based on program and/or Property requirements requirements.

Transfer to a unit with HOME status: Tenants transferring from one unit to another when the new unit has a HOME status will be required to complete a full certification of the family’s income and assets to demonstrate that the household is eligible to occupy a HOME unit.

Additions to Existing Household: Household compositions will change over time. Additions to households do not need to be placed on the waiting list to be added to an existing household receiving assistance. The request for the additional resident will need to be reported to the office and approval will need to be obtained by management before the new household members take occupancy. The new household member must meet all eligibility criteria in the same manner as an outside applicant.

7. Administration of the Waiting List

The Property is required to maintain a waiting list of all eligible applicants. Applicants must be placed on the waiting list and selected from the waiting list even in situations where there are vacancies, and the application is processed upon receipt. This procedure is necessary to assure the complete and accurate processing of all documentation for all applicants.

The waiting list is maintained in chronological order based on the date and time of receipt of the Pre- Application.

The list contains the following information for each applicant:

1. Application Date and Time received
2. Applicant Name
3. Household Income
4. Family Size
5. Address
6. Phone Number(s)
7. Unit Size and Type
8. Notification Date(s)

9 Response Date(s)

10. Comments/Status
11. Special Needs (if applicable)

Applicants may report changes to any of the information and retain their place on the waiting list based on the original date and time.

Closed Waiting List

The waiting list is closed when the numbers of applications on hand are such that the household would be unlikely to be offered a unit within two years.

The formula for determining the number of names that should be on the waiting list is; multiply the average number of vacancies for the past three years times two. For example, a property had 10 vacancies in the one- bedroom apartments last year and 14 vacancies the year before, and 17 vacancies three years ago.

The total is 41, divide by 3 and multiply times 2. The maximum number of names that should be maintained on the waiting list for the one-bedroom units is 27.

If based on the average turnover for one year, it appears that the waiting list will cause future applicants to wait longer than two years, applications will no longer be accepted, and the waiting list will be closed.

When the waiting list is closed, a notice is posted in a conspicuous location, in or near the rental office, property website and an ad in the local newspaper indicating:

1. The date the list closed,
2. Applications are not being accepted, and
3. Reason for the closure

The Property must not accept or maintain lists of potential applicant names when the waiting list is closed. Applicants inquiring about a unit when the list is closed must be advised that the list is closed and they may apply when the list is reopened.

Opening a closed waiting list

To open a closed waiting list, the Property must follow the HUD-approved Affirmative Fair Housing Marketing Plan (AFHMP). The AFHMP must be reviewed periodically and in advance of opening a closed waiting list to assure that it is current.

Opening the waiting list and marketing vacant apartments in the Property must provide an equal opportunity for households to participate in and benefit from the housing programs.

Updating the waiting list

From time to time the Property will have to update information on the waiting list. These changes must be reported in writing.

Such a need may occur when:

• the applicant notifies the Property of a change or when
• the applicant's name is reached on the waiting list and the changes are identified when the waitlist application is updated.

If the applicant's income/household composition changes and the change results in a change in the applicant's status, the original application date is retained.

It is the responsibility of the applicant to inform The Property of any updates or changes. This is done in writing via letter mailed to The Property, through the Rent Caf Portal, or submitted directly to the property manager.

Purging the waiting list

The waiting list is purged based on applicant contact annually by The Property staff. It is critical that applicants are made to understand that they must continue to contact the Property to remain active on the waiting list

It is the responsibility of the applicant to respond to the Property at any time notification is sent to the applicant from the property. The head of household or spouse/co- applicant must contact the Property in writing via email, fax or by mail (unless some other reasonable accommodation is requested by applicants with verifiable disabilities).

At the time of such notification the applicant may update information or simply indicate that they are still interested in an apartment.

If an applicant does not contact the Property their application will be removed from the waitlist. For this reason, it is important that applicants update their application and the update must be clearly documented with the date, time and applicant name.

It is also the applicant's responsibility to immediately notify the Property whenever there is a change in the information provided on their waitlist application.

The waiting list will be periodically purged by Property staff to determine if applicants on the active list are still interested in an apartment. When purging notices are sent out from The Property an applicant's failure to respond within the designated time frame may result in the application being removed from the waitlist.

If the applicant's circumstances change and the change requires a different waiting list status for the applicant, such change may not affect the date of the original application.

VIII. INCOME / ASSET REQUIREMENTS

Maximum allowable gross income: Applicants must verify by third-party sources to have gross annual income not to exceed the applicable income limits for the Elderly Bond Program (OR) where a unit is designated as “HOME ASSISTED” income cannot exceed the applicable limit for the HOME program. See the current income restrictions below:

All forms of income and assets are required to be directly 3rd party verified. Contact information must be supplied by the applicant/resident for management to accomplish this requirement. Other documentation may be requested or required to prove eligibility. Individual verification forms will be signed.

Applicant has the right to not sign verification forms if either the requesting organization and/or the organization supplying the information is left blank. Gross annual income shall not exceed the HUD income limits. All forms of income must be disclosed.

IX. STUDENT REQUIREMENTS

A household comprised entirely of all FULL-TIME students (of any age) who attend school at an educational organization is not eligible to occupy an LIHTC unit unless the household meets one of the five (5) exceptions below. If the household contains one member who is not a full-time student, the household is NOT considered a full-time household.

Definition of a full time-student is defined as: A student who attends school full-time for all or parts of any five (5) months out of the calendar year. One day is considered “part of the month.”

Student exceptions:

1. At least one member of the household receives assistance under Title IV of the Social Security Act (i.e. Temporary Assistance for Needy Families (TANF)).
2. At least one member of the household was previously under the care and placement responsibility of the state agency responsible for administering a plan under Part B or Part E of Title IV of the Social Security Act (Foster care).
3. At least one member of the household is currently enrolled in a job training program receiving assistance under the Job Training Partnership Act (JTPA) or under other similar Federal, State, or Local program. For a program to be considered similar to JTPA, it should have a similar mission statement and received government funding.
4. All adult students are single parents with dependent child(ren). In order to meet this exception, no household member (adult or child) can be claimed as a dependent by another individual, other than the parent of such child(ren) who does not live in the unit.
5. All adult students are married and file a joint tax return. Note: A married couple that is entitled to file a joint tax return, has not filed one, still satisfies this exception.

For an applicant to be eligible to reside in a HOME assisted unit the following student rule applies, which is in addition to the LIHTC rules above. To be eligible to reside in a HOME assisted unit, each occupant 18 years of age and older must:

1. NOT BE a student enrolled in an institution of higher learning and not plan to be a student enrolled at an institution of higher learning within the next 12 months.

OR

2. If an applicant or member of applicant’s household who is 18 years of age or older IS enrolled in an institution of higher learning they must meet one of the following exemptions:

a)         Be over the age of 24; or

b)         A Veteran of the US Military; or

c)         Be married; or

d)         Have one or more dependent children; or

e)         If under 24 have documentation to support that they’ve been independent of their parents for at least one (1) year; or

f)          If under 24 and not independent of their parents, their parents must be eligible based on the parent’s income.

X. RENTAL/CREDIT REQUIREMENTS

Home ownership may be verified through the county tax assessor’s office or similar agency. Mortgage payments must be current to reflect positive rental history. Home ownership negotiated through a land sales contract may be verified through the contract holder.

Eviction history. Five years of eviction-free history is required except for general eviction judgements entered on claims that arose on or after April 1, 2020, and before March 1, 2022. Eviction actions that were dismissed or resulted in a judgement for the applicant or when the applicant has provided supplemental evidence proving that they suffered a job loss due to no fault of their own will not be considered. If your eviction was related to a non-behavioral issue, you may provide supplemental evidence as instructed herein and that information will be considered.

A credit report will be obtained. When evaluating your credit report the following will be considered:

1. Bill payment history.
2. The number and type of accounts that you have.
3. Late payments.
4. Collection actions.
5. Outstanding debt.
6. Age of your accounts.

Negative credit scoring or adverse debt showing on consumer credit report may result in a denial or require additional security deposits or acceptable cosigners

Ten or more unpaid collections (not related to medical expenses) will result in denial of application.

XI. LIVE IN CARE ATTENDANT/AIDE

A qualified care attendant/aide will be subject only to criminal background search. Credit and income verifications will not apply.

XII. SECURITY DEPOSIT

Security Deposits provide us with some financial protection when a tenant moves out of the unit and fails to fulfill his/her obligations under the lease. Any deposit collected will be placed in an non-interest-bearing account.

To assist in returning as much of the deposit to the tenant, each tenant will receive a copy of potential charges that may be assessed prior to move out and an estimated charge list within 31 days of move out.

Security Deposits Collected from Tenant

It is a requirement that we must collect the security deposit at the time of move in.

The security deposit collected will be equal to an amount up to, but no greater than one and a half months’ rent rate at move in, but no less than one months rent.

Security Deposits for Tenants Transferring to Another Unit

When a tenant transfers to a new unit, we will not transfer the security deposit to the new unit. Any damages as a result of the move will be billed to the resident and assessed first to the security deposit, any remaining amounts the resident will be invoiced for and will have 30 days to pay.

XIII. CRIMINAL CONVICTION CRITERIA

Upon receipt of the Rental Application, Owner/Agent will conduct a search of public records to determine whether applicant or any proposed resident or occupant has a “Conviction” (which means: charges pending as of the date of the application; a conviction; a guilty plea; or no contest plea), for any of the following crimes as provided in ORS 90.303(3): drug-related crime; person crime; sex offense; crime involving financial fraud, including identity theft and forgery; or any other crime if the conduct for which applicant was convicted or is charged is of a nature that would adversely affect property of the landlord or a tenant or the health, safety or right of peaceful enjoyment of the premises of residents, the landlord or the landlord’s agent. Owner/Agent will not consider a previous arrest that did not result in a conviction or expunged records.

If applicant, or any proposed occupant, has a conviction in their past which would disqualify them under these criteria, and desires to submit additional information to Owner/Agent along with the application so Owner/Agent can engage in an individualized assessment (described below) upon receipt of the results of the public records search and prior to a denial, applicant should do so. Otherwise, applicant may request the review process after denial as set forth below, however, see item (c) under “Criminal Conviction Review Process” below regarding holding the unit.

A single conviction for any of the following, subject to the results of any review process, shall be grounds for denial of the rental application.

1. Felonies involving: murder, manslaughter, arson, rape, kidnapping, child sex crimes, or manufacturing or distribution of a controlled substance.
2. Felonies not listed above involving: drug-related crime; person crime; sex offense; crime involving financial fraud, including identity theft and forgery; or any other crime if the conduct for which applicant was convicted or is charged is of a nature that would adversely affect property of the landlord or a tenant or the health, safety or right of peaceful enjoyment of the premises of the residents, the landlord or the landlord’s agent, where the date of disposition has occurred in the last 7 years.
3. Misdemeanors involving: drug related crimes, person crimes, sex offenses, domestic violence, violation of a restraining order, stalking, weapons, criminal impersonation, possession of burglary tools, financial fraud crimes, where the date of disposition has occurred in the last 5 years.
4. Misdemeanors not listed above involving: theft, criminal trespass, criminal mischief, property crimes or any other crime if the conduct for which applicant was convicted or is charged is of a nature that would adversely affect property of the landlord or a tenant or the health, safety or right of peaceful enjoyment of the premises of the residents, the landlord or the landlord’s agent, where the date of disposition has occurred in the last 3 years.
5. Conviction of any crime that requires lifetime registration as a sex offender will result in denial.

Criminal Conviction Review Process

Owner/Agent will engage in an individualized assessment of the applicant’s, or other proposed occupant’s, convictions if:

1. Applicant has submitted supporting documentation prior to the public records search; or (2) applicant is denied based on failure to satisfy these criminal criteria and has submitted a written request along with supporting documentation.

Supporting documentation MUST include:

• • a statement from the applicant; as well as one of the following:
    1. Letter from parole or probation officer; or
    2. Letter from caseworker, therapist, counselor; or
    3. Certifications of various treatments/rehab programs;
    4. Certification of trainings completed;
    5. Proof of employment: and
    6. Statement of the applicant

Owner/Agent will:

1. Consider relevant individualized evidence of mitigating factors, which may include: the facts or circumstances surrounding the criminal conduct; the age of the convicted person at the time of the conduct; time since the criminal conduct; time since release from incarceration or completion of parole; evidence that the individual has maintained a good tenant history before and/or after the conviction or conduct; and evidence of rehabilitation efforts. Owner/Agent may request additional information and may consider whether there have been multiple Convictions as part of this process.
2. Notify applicant of the results of Owner/Agent’s review within a reasonable time after receipt of all required information.
3. Hold the unit for which the application was received for a reasonable time under all the circumstances to complete the review unless prior to receipt of applicant’s written request (if made after denial) the unit was committed to another applicant.

Other grounds for denial or termination:

• Any information provided on the application that is incomplete, inaccurate or falsified, shall be grounds for denial of the application or subsequent termination of tenancy upon determining such falsified information.
• Application will be denied if applicant(s) fails to disclose any criminal activity for any household member on the application, and public record indicates otherwise.
• A family member has committed a drug/violent crime as stated above. 
• An applicant or participant who is using an unauthorized or invalid social security number.
• An applicant or participant has not signed all release forms required by The Property/Housing Authority of Yamhill County.

Notice of denial: All applicants will receive written notification of their denial. Notification will be sent by first class mail to the address listed for mailing on their application within two business days of The Property receiving the background screening results indicating the denial.

XIV. VIOLENCE AGAINST WOMAN ACT PROTECTIONS

1. An applicant’s or program participant’s status as a victim of domestic violence, dating violence, sexual assault or stalking is not a basis for denial of rental assistance or for denial of admission, if the applicant otherwise qualifies for assistance or admission.
2. An incident or incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking will not be construed as serious or repeated violations of the lease or other “good cause” for terminating the assistance, tenancy, or occupancy rights of a victim of abuse.
3. Criminal activity directly related to domestic violence, dating violence, sexual assault or stalking, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights of the victim of the criminal acts.
4. Residency may be terminated, or a lease “bifurcated” in order to remove an offending household member from the home. Whether or not the individual is a signatory to the lease and lawful tenant, if he/she engages in a criminal act of physical violence against family members or others, he/she stands to be evicted, removed, or have his/her occupancy rights terminated. This action is taken while allowing the victim, who is a tenant or a lawful occupant, to remain.
5. The provisions protecting victims of domestic violence, dating violence, sexual assault or stalking engaged in by a member of the household, may not be construed to limit the O/A, when notified, from honoring various court orders issued to either protect the victim or address the distribution of property in case a family breaks up.
6. The authority to evict or terminate residency is not limited with respect to a victim that commits unrelated criminal activity. Furthermore, if an O/A can show an actual and imminent threat to other tenants or those employed at or providing service to the property if an unlawful tenant’s residency is not terminated, then evicting a victim is an option, the VAWA notwithstanding. Ultimately, O/As may not subject victims to more demanding standards than other tenants.
7. The VAWA protections shall not supersede any provision of any federal, state, or local law that provides greater protection for victims of domestic violence, dating violence or stalking. The laws offering greater protection are applied in instances of domestic violence, dating violence or stalking.

XV. DISABLED ACCESSIBILITY

1. Sunnyside Apartments complies with section 504 of the Rehabilitation Act, the Fair Housing Act, and Title VI of the Civil Rights Act of 1964 and will not discriminate in any program or activity receiving federal financial assistance from HUD.
2. Sunnyside Apartments is committed to making the apartment community readily accessible to and usable by individuals with handicaps. Sunnyside Apartments will consider any request by or on behalf of a handicapped resident or applicant for: a) a reasonable accommodation relating to a change in its rules and/or policies; or b) a reasonable modification relating to alterations of the common areas or an individual unit. Any such request should be made in writing to the Director of Asset Manager or designated 504 coordinators located at Housing Authority of Yamhill County, 135 NE Dunn Place. McMinnville, OR 97128. If it is not possible to make the request in writing, Housing Authority of Yamhill County will assist the person making the request provide the necessary information.
3. If a request for a reasonable accommodation or reasonable modification is granted, the cost to perform the accommodation or modification will be the landlord’s unless the request will:
   1. impose an undue financial and administrative burden on the apartment community owner or Housing Authority of Yamhill County; or

1. 2. fundamentally alter the nature of the services provided by the apartment community owner or Housing Authority of Yamhill County.

XVI. SECTION 504 OF THE REHABILITATION ACT OF 1973, THE FAIR HOUSING ACT AMENDMENTS OF 1988 **AND TITLE VI OF THE CIVIL RIGHTS ACT OF 1964** AND HUD NOTICE 16-137

1. Housing Authority of Yamhill County complies with Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance from HUD.
2. Housing Authority of Yamhill County complies with The Fair Housing Act which prohibits discrimination in housing and housing related transactions based on race, color, religion, sex, national origin, disability and familial status. It applies to housing, regardless of the presence of federal financial assistance.
3. Housing Authority of Yamhill County complies with Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race, color or national origin in any program or activity receiving federal financial assistance from HUD.
4. Housing Authority of Yamhill County complies with HUD Notice 16-137, The Final Rule – Providing Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity to ensure that housing is open to all eligible individuals and families regardless of actual or perceived sexual orientation, gender identity or marital status.

XVII. REJECTION POLICY

You have the right to dispute the accuracy of any information provided to the landlord by a screening service or credit reporting agency. If your application is denied due to unfavorable information received during the screening process, you can request a hearing to dispute the denial in writing.

1. Contact the community manager where you applied to obtain a copy of your screening and the reason for denial. Your credit report can be provided either by the screening company. The screening company that processed your application is Screening Works Their name and the reference number for your file will be printed on the acceptance or denial letter. Screening Works., 430 S Fairview Avenue. Santa Barbara, CA 93117
2. Contact the credit reporting agency to identify who is reporting unfavorable information.
3. Correct any incorrect information through the credit reporting agent as per their policy.
4. Request the credit reporting agency submit a corrected credit check to the appropriate screening company.
5. Upon written request to dispute the denial overturned hearing outcome and/or receipt of the corrected and satisfactory information, your application will be re-activated on the waitlist at the original application date and time then evaluated again for the next available apartment.

If you are a person with a disability and would like to request a waiver of the screening criteria, you may appeal the decision within 14 calendar days by sending a letter to:

Housing Authority of Yamhill County, Director of Asset Management, 135 NE Dunn Place. McMinnville, OR 97128.

In the letter explain the reasons you believe your application should be approved and request a review of your file. Please indicate in the letter which apartment community you have applied to. Within 14 calendar days of receipt, your application will be reviewed, and you will be notified of the outcome of the review. Persons with disabilities have the right to request reasonable accommodations to participate in the hearing process.

XVIII. PRIVACY POLICY

We are dedicated to protecting the privacy of your personal information used to determine your eligibility. We have adopted a Privacy Policy to ensure your personal information is kept secure.

We are pledged to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin. TDD 1- 800-735-2900