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ALLIED ORION GROUP
CRITERIA FOR RENTAL
Lincoln Park Tax Credit/Public Housing
Blended Occupancy Community: This community is a blended occupancy community. The community participates in
the Public Housing Program administered by the Houston Housing Authority (HHA) and is subject to the policies set forth
by the Housing Authority as outlines in the Admissions and Continued Occupancy Policy (ACOP) approved and adopted
by the Board of Commissioners of the Housing Authority. The ACOP is available to all residents in the rental office
lobbies and is also available by visiting the HHA website. The ACOP is reviewed annually by HHA and included in the
submission of the Annual Plan to the U.S. Department of Housing & Urban Development. Where applicable, the ACOP
is referenced throughout this document.
Equal Housing – This community does not discriminate against any person because of race, color, religion, sex,
handicap, familial status or national origin, sexual orientation or gender identity and will comply with state and federal fair
housing and antidiscrimination laws, including but not limited to consideration of reasonable accommodations requested
to complete the application process and the Federal Fair Credit Reporting Act. Non- discrimination and Accessibility is
addressed in chapter I of the ACOP.
The Community will comply with state and federal fair housing and antidiscrimination laws; including, but not limited to,
consideration of reasonable accommodations requested to complete the application process. The Reasonable
Accommodation process is outline in the ACOP’s Reasonable Accommodation in chapters I and XIII.
Screening criteria will be applied in a manner consistent with all applicable laws, including the Texas and Federal Fair
Housing Acts, the Federal Fair Credit Reporting Act, program guidelines, and the Department's rules. In addition, this
Community complies with the public housing program’s guidelines as outlined by U.S. Department of Housing & Urban
Development. The screening criteria that is applicable to public housing occupancy is outlined in the ACOP chapter II, III,
and IV. These chapters of the ACOP specifically address Eligibility and Admissions and Processing Applications, Tenant
Selection and Assignment Plan, Leasing Policies.
Identification - Each US Citizen who applies for an apartment must have a valid Social Security Number and a valid
government issued picture identification card. Non-U.S. Citizens must provide a valid government issued photo ID and an
identification number.
Occupancy Standard – A maximum of two persons per bedroom are allowed. Persons under six (6) years of age are not
considered in this calculation. The ACOP provides for additional occupancy standard exceptions such as a child under the
age of 4 will not be allotted a separate bedroom; children between the ages of 5 and 17 of the opposite sex will be allotted
a separate bedroom; adults who are of the opposite sex and are not spouse/co-head will be allotted a separate bedroom;
and an unborn child will be counted as a person in determining bedroom size.
Minimum and Maximum Number of Persons Per unit Standard
Number of Bedrooms Minimum Persons/Unit Maximum Persons/ Unit
0 Bedrooms 1 1
1 Bedrooms 1 2
2 Bedrooms 2 4
3 Bedrooms 3 6
4 Bedrooms 5 8
5 Bedrooms 7 10
Age – Lease holder(s) must be 18 years or older. All occupants 18 years or older are required to complete an application,
even if living with parent or guardian.
Live-in Attendants – If an applicant is in need of a live-in attendant this must be verified by management. A verification
may be obtained from the person’s physician, psychiatrist, or health care provider verifying whether the live-in attendant is
necessary to provide the supportive services essential to the care and wellbeing of the person. The applicant cannot be
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financially dependent on the live-in attendant. The attendant may be a family member with the exception of a spouse. A
live-in attendant must complete an application showing financial independence from the applicant and must meet the
same screening criteria (other than credit) as the applicant. Live-in attendants must sign and adhere to the Live-In
Attendant Statement which outlines the conditions of the program.
Income & Rent - All sources of earned and unearned income must be verified in writing. The rent paid by the family is
determined by subtracting the utility allowance from the Total Tenant Payment of the family. The total tenant payment is
based on the greater of 10% of annual income, 30% of annual adjusted income, or minimum rent of $50.00. The family has
the choice at each annual income redetermination to choose income based rent as described in this paragraph or to choose
Flat Rent. The Flat Rent Schedule is provided by the housing authority and posted in the rental office. The rent may
fluctuate throughout the year based on the Interim adjustments to income and family composition.
For more information on rent determination, please review ACOP Chapters V, VI, and VII and XII. The income limits for
public housing properties are based on the local preferences as identified in the ACOP and published HUD median income
limits. Maximum household income guidelines are as follows for all tax credit units:
MAXIMUM ANNUAL INCOME FOR RENT RESTRICTED APARTMENT HOMES ONLY - TDHCA
1 person 2 people 3 people 4 people 5 people 6 people 7 people 8 people
30% $18,930 $21,630 $24,330 $27,030 $29,220 $31,380 $33,540 $35,700
50% $31,550 $36,050 $40,550 $45,050 $48,700 $52,300 $55,900 $59,500
60% $37,860 $43,260 $48,660 $54,060 $58,440 $62,760 $67,080 $71,400
MAXIMUM RENTAL AMOUNT FOR RENT RESTRICTED APARTMENT HOMES ONLY - TDHCA
1 Bedroom 2 Bedroom 3 Bedroom
30% $507 $608 $703
50% $845 $1,013 $1,171
60% $1,014 $1,216 $1,406
Income Targeting & Preferences – In accordance with the requirements of the Quality Housing and Work Responsibility
Act of 1998, at least 40% of admissions in every year will be families of Extremely Low Income as defined by HUD.
Certain mixed finances properties owned by HHA also has Local Preferences defined in the ACOP. These local
preferences include certain income tiers that must be met in order to qualify for admission and the number of units in that
income tier. The local preferences are defined in Chapter II of the ACOP. In addition, certain HHA properties have
“Mapping Plan” that has criteria that must be met for income restrictions in defined units.
Rental History/Credit/Criminal Background - The community uses the admissions criteria outlined in Chapter II of the
ACOP which describes eligibility for admission and processing applications. The ACOP also outlines the rights of applicants if
they are denied admission. Applicants denied admission will received the denial in writing and applicants have the right to
request an Informal Hearing within 14 calendar days of the date of the application denial letter.
Animals – A maximum of ONE (1) pet(s) per apartment is permitted. Dogs whose breed or dominant breed weight
exceeds 35 pounds and no more than 18” height at shoulder at maturity are not accepted. The following breeds or partial
breeds are not permitted: Rottweiler’s, pit bulls, akitas, Dobermans, chows, German shepherds, and Australian
shepherds. Exotic animals and reptiles are not accepted. Additional restrictions may apply in accordance with the HHA
Pet Policy available for review at the Rental Office. In addition, every resident is required to sign the Pet Policy, even if
they do not have a pet at time of admission.
Specific animal, breed, number, weight restrictions, pet rules, and pet deposits will not apply to households having a
qualified service/assistance animal(s).
All animals must be photographed by management before approval and must provide current vaccination records. All
cats and dogs should be verified by a veterinarian to be spayed or neutered (at cost to owner).
Assistance Animal - Certain animals provide assistance or perform tasks for the benefit of a person with a disability. Such
animals are often referred to as “service animals,” “assistance animals,” “support animals,” “therapy animals,” “companion
animals,” or “emotional support animals”. The use of assistive animals is allowed as a reasonable accommodation.
Under both the Fair Housing Act and Section 504, in order for a requested accommodation to qualify as a reasonable
accommodation, the requester must (1) have a disability, and (2) the accommodation must be necessary to afford a person
with a disability an equal opportunity to use and enjoy a dwelling. To show that a requested accommodation may be
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necessary, there must be an identifiable relationship, or nexus, between the requested accommodation and the person’s
disability. In the case of assistance/service animals, an individual with a disability must demonstrate a nexus between his or
her disability and the function the service animal provides.
The Property will verify the existence of the disability, and the need for the accommodation—if either is not readily
apparent. Persons who are seeking a reasonable accommodation for an emotional support animal may be required to
provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal
provides support that alleviates at least one of the identified symptoms or effects of the existing disability.
In accordance with HUD Final Rule (73 F.R. 63834) and 24 CFR part 5, subpart C, a reasonable accommodation may be
denied under the following circumstances: (1) pose a direct threat to the health or safety of others (2) result in substantial
physical damage to the property of others unless the threat can be eliminated or significantly reduced by a reasonable
accommodation (3) pose an undue financial and administrative burden; or (4) fundamentally alter the nature of the
Property’s operations.
The Property may exclude an assistance animal when that animal’s behavior poses a direct threat and its owner takes no
effective action to control the animal’s behavior so that the threat is mitigated or eliminated. The determination of whether
an assistance animal poses a direct threat will be based on an individualized assessment that is based on objective
evidence about the specific animal in question, such as the animal’s current conduct or a recent history of overt acts. The
assessment will consider the nature, duration, and severity of the risk of injury; the probability that the potential injury will
actually occur; and whether reasonable modifications of rules, policies, practices, procedures, or services will reduce the
risk. In evaluating a recent history of overt acts, the Property shall take into account whether the assistance animal’s owner
has taken any action that has reduced or eliminated the risk. (Ex: obtaining specific training, medication, or equipment for
the animal) This direct threat provision of the Fair Housing Act requires the existence of a significant risk—not a remote or
speculative risk. Accordingly, the determination will not be the result of fear or speculation about the types of harm or
damage an animal may cause, or evidence about harm or damage caused by other animals.
The HUD Final Rule requires a person with a disability who uses an assistance animal to be responsible for the animal’s
care, maintenance, and control. This includes picking up and disposing of his or her assistance animal’s waste.
Pet Deposit and Other Charges – A non-refundable pet fee in the amount of $100 per bedroom will be charged. There
is no pet deposit charge for a service/companion animal. There is no monthly charge for a pet.
Application Fee – No application fees are charged at this property for any Public Housing Units.
Security Deposits – The security deposit is based on the Total Tenant Payment as determined by Annual Adjusted
Income and will be provide to the applicant once the annual adjusted income and total tenant payment is calculated. For
more information on how the total tenant payment is calculated, see the Income & Rent section in this document or refer
to the ACOP.
Students – Certain restrictions apply to applicants whose household contains only full time students. Student status includes
those attending public or private elementary schools, middle or junior high schools, senior high schools, colleges, universities,
technical, trade or mechanical schools, but does not include those attending on-the-job training courses.
Exceptions to this policy include the following:
At least one student receiving assistance under title IV of the Social Security Act (ex: payments under AFDC)
At least one student was previously under the care and placement responsibility of the state agency responsible
for administering foster care
At least one student participates in a program receiving assistance under the Job Training Partnership Act
(JTPA), Workforce Investment Act or under other similar federal, state or local job training program
At least one student is a single parent with child(ren) and this parent is not a dependent of another individual
and the child(ren) is/are not dependent(s) of someone other than a parent
Are the students married and entitled to file a joint tax return
Section 8 (HCV) – The Housing Choice Voucher (S8) is not accepted at this community for units designated as tax
credit/public housing. This community has market units that will accept the HCV/S8 voucher but those units are not
designated as tax credit/ public housing community.
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Waiting List - The HHA ACOP determines the administration of the site based public housing waiting list from which all
applicants are pulled and offered units at this community. For information on the waitlist policy, including the opening and
closing of the waiting list and the selection of the applicants from the waiting list, how preferences are applied, procedures
for organizing accessible units, please see the ACOP Chapters II for “Eligibility for Admission and Processing
Applications”, Chapter III for “Tenant Selection and Assignment Plan”, and Chapter X for “Transfer Policy”, and Chapter
XIII for “Reasonable Accommodations.” Recertification(s) - This development consists of mixed income projects and
annual income recertifications are required as defined in the recertification process. A reasonable accommodation may be
requested for applicants needing alternative methods of contact to update information.
Closing the Waitlist - The HHA determines the opening and closing of the Waiting List in accordance with their ACOP.
Recertification(s) – This development consists of mixed income projects and annual income recertifications are
required. A household’s designation may change if the household income increases or decreases. If the household
income increases/decreases to a higher/lower tier the rent will also increase/decrease as long as such an
increase/decrease does not affect the property set aside requirements. The project must comply with the Next Available
Unit Rule. If the household’s income at recertification exceeds 140 percent of the highest income tier established at this
site, the development will lease the next available unit in the building to a low-income household. Once this household
moves in rent can be increased on the current household’s unit. If no other unit is available, the household rent will
remain restricted until such a unit can be designated at the lower tier.
Purging the Waitlist - The waiting list is purged in accordance with the ACOP.
Please see Unit Transfer Policy with regard to existing tenants and the waitlist in Chapter X of the ACOP.
Accessible Unit Priority - Priority for accessible units shall be given to an applicant that requires accessible features or
an applicant with a disabled household member that requires accessible features.
VAWA PROTECTIONS - The Property is sensitive to the barriers of participation that accompanies applicants that are
protected by the Violence Against Women Act. Please refer to the “Notice of Occupancy Rights” under the “Violence
Against Women Act” documentation that will be provided to you upon execution of this Criteria.
The Property may request in writing that the victim, or a family member on the victim’s behalf, certify that the individual is
a victim of abuse.
Denial of Application – If your application is denied for any reason, applicant will be provided a notification of denial, via
in person, USPS, facsimile or email, which will include a phone number to the third party provider of information that
resulted in the decision for denial within 7 days. This notice will include copies of HUD 5380, HUD 5381 and 5382. The
applicant has fourteen (14) days to request an appeal in writing or request a meeting to discuss the rejection. If an appeal
is requested due to the denial a second review of all documentation will be made by the compliance manager or someone
who did not take part in the original decision. Notification will be by phone followed up in writing via e-mail or sent by
USPS mail within 7 days. Should changes in circumstances arise from original application date, you may reapply after 90
days.
Unit Transfer Policy Under the Tax Credit Program – This development is not part of a multiple building project per the
IRS form 8609. This requires resident(s) to qualify on current circumstances as initial certification for a new unit in a
different building (Project). A new security deposit will be required the day the new lease is executed for the new unit
unless it is a mandatory transfer. Completion of all paperwork is required. Existing resident(s) must meet income/rent
restrictions as outlined in current criteria for rental. Residents who already reside in the development (or applicants on the
waitlist), will be screened on the basis of the original criteria that was in effect at the time the household originally applied
at the development. Resident(s) electing to transfer within the same building must sign and date the Tenant Rights and
Resource Guide Acknowledgement form and HUD 5380, 5381 and 5382 Acknowledgement form. Transfers within the
same building are allowed, regardless of the household’s income at the most current certification. If transferring to same
size unit, rent will remain the same if a rent increase has occurred in the last 12 months. Certification date follows the
household, not the unit. If the income on most current certification exceeds the 140% of the 60% AMFI the existing
resident(s) is permitted to transfer within the same building but not to a different building in this development. Current unit
deposit will be refunded if there are no damages to the current unit. Pre-inspection of the unit will be conducted prior to
any transfer approval. If transfer is to accommodate a request for an accessible unit/reasonable accommodation, the
transfer fee, security deposit, and application fee will be waived. The property does not offer a preference or give a priority
to any applicant not residing on the property over those already residing at the property when the existing tenant is
seeking a unit with a lower or higher income restriction than the unit they currently occupy. Existing tenants will be entered
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on the waitlist using the same process as applicants not currently residing at the property. A preference shall be granted
for a transfer for an existing tenant that needs an accessible unit/reasonable accommodation over applicants on the
waiting list. A preference shall be granted for a transfer by an existing tenant that needs to transfer based on protections
under the “Violence Against Women Act” over applicants on the waiting list. Priority for accessible units shall be given to
an applicant that requires accessible features/reasonable accommodations or an applicant with a disabled household
member that requires accessible features.
Emergency Transfer - If the dwelling unit is damaged or a condition inside the unit exist which is a hazard to life, health,
or safety of the occupants, the property will move the resident to the first available unit, if available, where necessary
repairs cannot be made within a reasonable time. If the occupant must be placed on the waitlist, they shall be placed at
the top of the waitlist and occupy the next available unit.
Non-Renewals and Terminations of Lease Contracts for Existing Households – This community follows Section XL.
Lease Termination Policies of the ACOP. Existing households that are not allowed to renew and their lease is being
terminated will be handled as allowed under the program. A written Notice of Lease Termination will state the reason for
the proposed termination in accordance with all applicable Federal, State and local laws and the lease terms. This
property operates in compliance with the Violence Against Women Act (VAWA) and will comply to non-renewals and
termination of the lease contract accordingly. The HUD 5380 and 5382 forms will be given to each existing household
along with the non-renewal/lease termination notice. If you are a victim of domestic violence, sexual assault, dating
violence or stalking, you as well as members of your family, may have protection from being denied housing or from losing
housing as a consequence of domestic violence, sexual assault, dating violence or stalking. If you are a person with a
disability, and if there is a reasonable accommodation that you would like to request in response to this notice, you have a
right to do so under the Fair Housing Act. Person(s) with a disability and or reasonable accommodation, request will not
be nonrenewed or terminated from the lease contact solely based on a person(s) with a disability and or reasonable
accommodation request. Appeal procedures will be included, but not limited to notification of a supervisor and/or
compliance for appeal review, for these households. If an appeal is requested due to the outcome of non-renewal and
termination of the lease contract for existing households a reconsideration process will take place. A reconsideration is a
complete review of your claim by someone who did not take part in the first decision. Management will look at all the
evidence submitted from the original decision, plus any new evidence.
Disability Qualifications - A special needs individual person is defined as having a physical or mental impairment, which
substantially limits one or more major life activities (i.e. self-care, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning or working). Physical or mental impairments entail a lengthy list of infirmities which can include,
but are not necessarily limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments,
Cerebral Palsy, Autism, Epilepsy, Muscular Dystrophy, Multiple Sclerosis, Cancer, Heart Disease, Diabetes, Human Immune
deficiency Virus (HIV) or (AIDS) infection, mental retardation, emotional illness, drug addiction (OTHER THAN ADDICTION
CAUSED BY CURRENT ILLEGAL USE OF CONTROLLED SUBSTANCE.), Alcoholism.
Certain apartments are constructed as accessible for individuals with a disability. If a disabled person requests an
accessible apartment that is currently occupied by a non- disabled person, the non- disabled person must move out of
that apartment within 30 days.
If an accessible unit is not available for a qualified disabled applicant, the applicant shall not be denied housing. No disabled
applicant shall be required to lease an accessible unit. No applicant is required to provide specific medical or disability
information other than the disability verification that is requested to verify eligibility for reasonable accommodations.
Reasonable Accommodations – Applicants with a disability may request a reasonable accommodation during the application
process verbally or in person to the Property Manager. All requests will be responded to within in accordance with the HHA
ACOP. The ACOP details the Reasonable Accommodation procedure.
Privacy Policy for Personal Information of Rental Applicant and Residents - We are dedicated to protecting the privacy
of your personal information, including your Social Security Number and other identifying or sensitive personal information.
Our policy and procedures are designed to help ensure that your information is kept secure, and we work to follow all federal
and state laws regarding the protection of your personal information. While no one can guarantee against identity theft or the
misuse of personal information, protecting the information you provide us is a high priority to our company and staff. If you
have concerns about this issue, please feel free to share them with us.
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How Personal Information is collected and Applications are accepted: You will be asked to furnish some
personal information when you apply to rent from us. This information will be on the rental application form or other
document that you provide to us or to an apartment locator service, either on paper, fax or e-mail. Applicant and
Residents may apply by USPS at 790 West Little York Road; Houston, TX 77091 or in person. Alternative method is
by email at [email protected]. Original signatures will be required on all paperwork at move-in.
How and When Information is used: We use this information for our business purposes only as it relates to leasing
a dwelling to you. Examples of these uses include but are not limited to, verifying statements made on your rental
application (such as your rental, credit and employment history), reviewing your lease for renewal and enforcing your
lease obligations (such as to obtain payment for money you may owe us in the future).
How the Information is Protected and Who has Access: We allow only authorized persons to have access to your
personal information, and we keep documents and electronic records containing this information in secure areas and
systems.
How the Information is Disposed of: After we no longer need or are required to keep your personal information, we
will store or destroy it in a manner designed to prevent unauthorized persons from accessing it. Our disposal
methods will include shredding, destruction or obliteration of paper documents and destruction of electronic files.
Locator Services: If you found us through a locator service, please be aware that locator services are independent
contractors and are not our employees or agents – even though they may initially process rental applications and fill
out lease forms. You should require any locator services you use to furnish you their own privacy policies.
Policies and Procedures: Copies of all policies and procedures referenced in this rental criteria are available upon
request to applicants/tenants or their representatives.
I understand that falsification of Rental Application information will lead to denial of rental. Rental Criteria does
not constitute a guarantee or representation that resident or occupants currently residing in the community
have not been convicted or are not subject to deferred adjudication for felony. Management’s ability to verify
this information is limited to the information made available by the agencies and services used. It does not
insure that all individuals reside in on or visiting the community conforms to these guidelines.
I have received a copy of the “Notice of Occupancy Rights” under the “Violence Against Women Act” and the
certification documentation.
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Lincoln Park: __________________________
Apartment Number: _______________________
ACKNOWLEDGEMENT OF APPLICANT SELECTION CRITERIA FOR PUBLIC HOUSING
PROPERTIES WITH MULTIFAMILY LOW INCOME HOUSING TAX CREDIT PROGRAM
REQUIREMENTS.
The ______________________________________________________________apartment community is
owned and operated by the Houston Housing Authority.
I, __________________________________________ Head of Household, and all other occupants of this
household, hereby acknowledge the applicant selection criteria for this apartment community was discussed
with me by the Houston Housing Authority at the time of my Public Housing Application, with the Houston
Housing Authority.
I, __________________________________________ Head of Household, and all other occupants of this
household, understand that I can review the full HHA Admissions and Continued Occupancy Policy for Low
Income Housing Owned by HHA onsite at the leasing / management office during business hours.
___________________________________ _____________________
Signature of Head of Household Date
___________________________________ _____________________
Signature of other Adult Date
___________________________________ _____________________
Signature of other Adult Date
___________________________________ _____________________
Management Signature Date
Houston Housing Authority Admissions and Continued Occupancy Policy for Low Income Housing
Owned by HHA 2640 Fountain View, Houston TX 77057 • Public Housing Program: 713-260-0600 • TDY: 713-260-0547
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NOTICE OF OCCUPANCY RIGHTS UNDER
THE VIOLENCE AGAINST WOMEN ACT
Lincoln Park
Notice of Occupancy Rights under the Violence Against Women Act
1
To all Tenants and Applicants
The Violence Against Women Act (VAWA) provides protections for persons that have been subject to domestic violence,
dating violence, sexual assault, or stalking.
2
VAWA protections are available equally to all individuals regardless of sex,
gender identity, or sexual orientation.
3
The Texas Department of Housing and Community Affairs is the State agency that
oversees (please circle the covered program) the Housing Tax Credit, HOME Multifamily, HOME Tenant Based
Rental Assistance, Tax Credit Assistance Program-Repayment Funds, National Housing Trust Fund, Emergency
Solutions Grant, and the Housing Choice Voucher Program “covered program”. This notice explains your rights
under VAWA. A U.S. Department of Housing (“HUD”) approved certification form is attached to this notice. You can fill
out this form to show that you are or have been subject to domestic violence; dating violence, sexual assault, or stalking,
and that you wish to use your rights under VAWA.
Protections for Applicants
If you otherwise qualify for assistance under the Housing Tax Credit Program, you cannot be denied admission or
denied assistance because you are or have been subject to domestic violence, dating violence, sexual assault, or
stalking.
Protections for Tenants
If you are receiving assistance under the Housing Tax Program, you may not be denied assistance, terminated from
participation, or be evicted from your rental housing because you are or have been subject to domestic violence, dating
violence, sexual assault, or stalking.
Also, if you or an affiliated individual of yours is or has been subject to of domestic violence, dating violence, sexual
assault, or stalking by a member of your household or any guest, you may not be denied rental assistance or occupancy
rights under the Housing Tax Credit Program solely on the basis of criminal activity directly relating to that domestic
violence, dating violence, sexual assault, or stalking.
Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom you stand in the place of a
parent or guardian (for example, the affiliated individual is in your care, custody, or control); or any individual, tenant, or
lawful occupant living in your household.
Removing the Abuser or Perpetrator from the Household
Lincoln Park may divide (bifurcate) your lease in order to evict the individual or terminate the assistance of the individual
who has engaged in criminal activity (the abuser or perpetrator) directly relating to domestic violence, dating violence,
sexual assault, or stalking.
If Lincoln Park chooses to remove the abuser or perpetrator, Lincoln Park may not take away the rights of eligible
tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to
have established eligibility for assistance under the program, Lincoln Park must allow the tenant who is or has VAWA
protections and other household members to remain in the unit for a period of time, in order to establish eligibility under
the program or under another HUD housing program covered by VAWA, or, find alternative housing.
In removing the abuser or perpetrator from the household, Lincoln Park must follow Federal, State, and local eviction
procedures. In order to divide a lease, Lincoln Park may, but is not required to, ask you for documentation or certification
of the incidences of domestic violence, dating violence, sexual assault, or stalking (such as HUD’s self-certification form
5382).
1 Despite the name of this law, VAWA protection is available regardless of sex, gender identity, or sexual orientation.
2 The VAWA statute uses the term victims to describe those with VAWA protections, but the Department herein refers to this class of
persons as subject to protections under VAWA.
3 Housing providers in the covered programs cannot discriminate on the basis of any protected characteristic, including race, color,
national origin, religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be made available to all
otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status.
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Moving to Another Unit
Upon your request, Lincoln Park may permit you to move to another unit, subject to the availability of other units, and still
keep your assistance. In order to approve a request, Lincoln Park may ask you to provide documentation that you are
requesting to move because of an incidence of domestic violence, dating violence, sexual assault, or stalking. If the
request is a request for emergency transfer, the housing provider may ask you to submit a written request or fill out a form
where you certify that you meet the criteria for an emergency transfer under VAWA. The criteria are:
(1) You are a victim of domestic violence, dating violence, sexual assault, or stalking. If Lincoln Park
does not already have documentation that you have been subject to domestic violence, dating violence,
sexual assault, or stalking, your housing provider may ask you for such documentation, as described in
the documentation section below.
(2) You expressly request the emergency transfer. Lincoln Park may choose to require that you submit
a form, or may accept another written or oral request.
(3) You reasonably believe you are threatened with imminent harm from further violence if you
remain in your current unit. This means you have a reason to fear that if you do not receive a transfer
you would suffer violence in the very near future.
OR
You have been subject to sexual assault and the assault occurred on the premises during the 90-
calendar-day period before you request a transfer. If you have been subject to sexual assault, then in
addition to qualifying for an emergency transfer because you reasonably believe you are threatened with
imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if
the sexual assault occurred on the premises of the property from which you are seeking your transfer, and
that assault happened within the 90-calendar-day period before you expressly request the transfer.
Lincoln Park will keep confidential requests for emergency transfers by victims of domestic violence, dating violence,
sexual assault, or stalking, and work to ensure the confidentiality of the location of any move by such victims and their
families.
HP’s emergency transfer plan provides further information on emergency transfers, and Lincoln Park must make a copy
of its emergency transfer plan available to you if you ask to see it.
Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual Assault or Stalking
Lincoln Park can, but is not required to, ask you to provide documentation to “certify” that you are or have been subject
to domestic violence, dating violence, sexual assault, or stalking. Such request from Lincoln Park must be in writing, and
Lincoln Park must give you at least 14 business days (Saturdays, Sundays, and Federal holidays do not count) from the
day you receive the request to provide the documentation. Lincoln Park may, but does not have to, extend the deadline
for the submission of documentation upon your request.
You can provide one of the following to Lincoln Park as documentation. It is your choice which of the following to submit
if
Lincoln Park asks you to provide documentation that you are or have been a victim of domestic violence, dating
violence, sexual assault, or stalking.
A complete HUD-approved certification form (HUD form 5382) given to you by Lincoln Park with this notice, that
documents an incident of domestic violence, dating violence, sexual assault, or stalking. The form will ask for your
name, the date, time, and location of the incident of domestic violence, dating violence, sexual assault, or
stalking, and a description of the incident. The certification form provides for including the name of the abuser or
perpetrator if the name of the abuser or perpetrator is known and is safe to provide.
A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency
that documents the incident of domestic violence, dating violence, sexual assault, or stalking. Examples of such
records include police reports, protective orders, and restraining orders, among others.
A statement, which you must sign, along with the signature of an employee, agent, or volunteer of a victim service
provider, an attorney, a medical professional or a mental health professional (collectively, “professional”) from
whom you sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the
effects of abuse, and with the professional selected by you attesting under penalty of perjury that he or she
believes that the incident or incidents of domestic violence, dating violence, sexual assault, or stalking are
grounds for protection.
Any other statement or evidence that Lincoln Park has agreed to accept.
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If you fail or refuse to provide one of these documents within the 14 business days, Lincoln Park does not have to
provide you with the protections contained in this notice.
If Lincoln Park receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or
stalking has been committed (such as certification forms from two or more members of a household each claiming to be a
victim and naming one or more of the other petitioning household members as the abuser or perpetrator), Lincoln Park
has the right to request that you provide third-party documentation within thirty 30 calendar days in order to resolve the
conflict. If you fail or refuse to provide third-party documentation where there is conflicting evidence, Lincoln Park does
not have to provide you with the protections contained in this notice.
Confidentiality
Lincoln Park must keep confidential any information you provide related to the exercise of your rights under VAWA,
including the fact that you are exercising your rights under VAWA.
Lincoln Park must not allow any individual administering assistance or other services on behalf of Lincoln Park (for
example, employees and contractors) to have access to confidential information unless for reasons that specifically call
for these individuals to have access to this information under applicable Federal, State, or local law.
Lincoln Park must not enter your information into any shared database or disclose your information to any other entity or
individual. Lincoln Park, however, may disclose the information provided if:
You give written permission to Lincoln Park to release the information on a time limited basis.
Lincoln Park needs to use the information in an eviction or termination proceeding, such as to evict your abuser
or perpetrator or terminate your abuser or perpetrator from assistance under this program.
A law requires Lincoln Park or your landlord to release the information.
VAWA does not limit Lincoln Park duty to honor court orders about access to or control of the property. This includes
orders issued to protect a victim and orders dividing property among household members in cases where a family breaks
up.
Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or Assistance May Be Terminated
You can be evicted and your assistance can be terminated for serious or repeated lease violations that are not related to
domestic violence, dating violence, sexual assault, or stalking committed against you. However, Lincoln Park cannot
hold tenants who have been subject to domestic violence, dating violence, sexual assault, or stalking to a more
demanding set of rules than it applies to tenants who have not been subject to domestic violence, dating violence, sexual
assault, or stalking.
The protections described in this notice might not apply, and you could be evicted and your assistance terminated, if
Lincoln Park can demonstrate that not evicting you or terminating your assistance would present a real physical danger
that:
1) Would occur within an immediate time frame, and
2) Could result in death or serious bodily harm to other tenants or those who work on the property.
If Lincoln Park can demonstrate the above, Lincoln Park should only terminate your assistance or evict you if there are
no other actions that could be taken to reduce or eliminate the threat.
Other Laws
VAWA does not replace any Federal, State, or local law that provides greater protection for person’s subject to domestic
violence, dating violence, sexual assault, or stalking. You may be entitled to additional housing protections for persons
subject to domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as under State
and local laws.
Non-Compliance with the Requirements of This Notice
You may report a covered housing provider’s violations of these rights and seek additional assistance, if needed, by
contacting or filing a complaint with TDHCA at https://www.tdhca.state.tx.us/complaint.htm or 800-525-0657 or 817-978-
5600 the HUD Fort Worth regional office, (800) -669-9777, (TTY 817-978-5595).
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For Additional Information
You may view a copy of HUD’s final VAWA rule at: https://www.federalregister.gov/documents/2016/11/16/2016-
25888/violence-against-women-reauthorization-act-of-2013-implementation-in-hud-housing-programs.
Additionally, Lincoln Park must make a copy of HUD’s VAWA regulations available to you if you ask to see them.
For questions regarding VAWA, and/or if you need to move due to domestic violence, dating violence, sexual assault, or
stalking please contact the Texas Department of Housing and Community Affairs at 512-475-3800 or 800-475-3800
(Relay Texas 800-735-2989) for assistance in locating other available housing (note, this is not a domestic violence
hotline. Depending on your location, the Department may also have a listing of local service providers and advocates who
can help you move to a safe and available unit. For more information regarding housing and other laws that may protect
or provide additional options for survivors, call the Texas Council on Family Violence Policy Team at 1-800-525-1978.
Domestic Violence, Sexual Assault and Stalking Resources
To speak with an advocate and receive confidential support, information and referrals regarding domestic violence 24
hours a day, every day, contact the National Domestic Violence Hotline at 1-800-799-7233 or, for persons with hearing
impairments, 1-800-787-3224 (TTY). You may also visit the Texas Council on Family Violence website for a listing or
local domestic violence services providers: http://tcfv.org/service-directory/?wpbdp_view=all_listings.
For confidential support services and referral to a local sexual assault crisis center 24 hours a day, every day, contact
RAINN: Rape, Abuse, & Incest National Network: Hotline: 1-800-656-HOPE. You may also visit the Texas Association
Against Sexual Assault to find local crisis centers: http://taasa.org/crisis-center-locator/.
For information regarding stalking visit the National Center for Victims of Crime’s Stalking Resource Center at:
https://www.victimsofcrime.org/our-programs/stalking-resource-center.
Victims of a variety of crimes my find referrals by contacting t the Victim Connect Resource Center, a project of the NCVC,
through calling Victim Connect Helpline: 855-4-VICTIM (855-484-2846) or searching for local providers at:
http://victimconnect.org/get-help/connect-directory/.
Legal Resources - TexasLawHelp.org - www.texaslawhelp.org
TexasLawHelp.org is a website that provides free, reliable legal information on a variety of topics such as; family law,
consumer protection and debt relief, health and benefits, employment law, housing, wills and life planning, and
immigration. The website offers interactive and downloadable legal forms, self-help tools and videos on legal issues, and
can assist in locating local free legal services.
Texas Advocacy Project, A VOICE - 1.888. 343.4414
Advocates for Victims of Crime (A VOICE), a project of Texas Legal Services Center, provides free direct legal
representation and referrals to victims of violent crime, and providing education about crime victim’s rights and assistance
with Crime Victims Compensation applications. Note: callers will most likely leave a message and their call will be
returned by an attorney.
Legal Aid for Survivors of Sexual Assault (LASSA) - 1-844-303-SAFE (7233)
The LASSA Hotline is answered by attorneys seven days a week. The Hotline attorneys provide sexual assault survivors
with legal information and advice about legal issues that may arise following a sexual assault including crime victim’s
rights, housing, and safety planning.
Family Violence Legal Line - 800-374-HOPE
Texas Advocacy Project. Offers the HOPE Line, Monday -Friday 9am-5pm, staffed by attorneys can help you with a
variety of legal concerns related to domestic violence, sexual assault, and stalking.
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CERTIFICATION OF DOMESTIC VIOLENCE, U.S. Department of Housing and Urban Development
DATING VIOLENCE, SEXUAL ASSAULT OR OMB Approval No. 2577-0286
STALKING, AND ALTERNATE DOCUMENTATION Exp. 06/30/2017
Purpose of Form: The Violence Against Women Act (“VAWA”) protects applicants, tenants, and program participants in
certain HUD programs from being evicted, denied housing assistance, or terminated from housing assistance based on
acts of domestic violence, dating violence, sexual assault, or stalking against them. Despite the name of this law, VAWA
protection is available to victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex,
gender identity, or sexual orientation.
Use of This Optional Form: If you are seeking VAWA protections from your housing provider, your housing provider
may give you a written request that asks you to submit documentation about the incident or incidents of domestic
violence, dating violence, sexual assault, or stalking.
In response to this request, you or someone on your behalf may complete this optional form and submit it to your housing
provider, or you may submit one of the following types of third-party documentation:
(1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an attorney, or medical
professional, or a mental health professional (collectively, “professional”) from whom you have sought assistance
relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse. The document must
specify, under penalty of perjury, that the professional believes the incident or incidents of domestic violence, dating
violence, sexual assault, or stalking occurred and meet the definition of “domestic violence,” “dating violence,” “sexual
assault,” or “stalking” in HUD’s regulations at 24 CFR 5.2003.
(2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or
(3) At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant.
Submission of Documentation: The time period to submit documentation is 14 business days from the date that you
receive a written request from your housing provider asking that you provide documentation of the occurrence of domestic
violence, dating violence, sexual assault, or stalking. Your housing provider may, but is not required to, extend the time
period to submit the documentation, if you request an extension of the time period. If the requested information is not
received within 14 business days of when you received the request for the documentation, or any extension of the date
provided by your housing provider, your housing provider does not need to grant you any of the VAWA protections.
Distribution or issuance of this form does not serve as a written request for certification.
Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating
violence, sexual assault, or stalking shall be kept confidential and such details shall not be entered into any shared
database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA
protections to you, and such employees may not disclose this information to any other entity or individual, except to the
extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction
proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law.
TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING
1. Date the written request is received by victim: _________________________________________
2. Name of victim: ___________________________________________________________________
3. Your name (if different from victim’s):________________________________________________
4. Name(s) of other family member(s) listed on the lease:___________________________________
___________________________________________________________________________________
5. Residence of victim: ________________________________________________________________
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6. Name of the accused perpetrator (if known and can be safely disclosed):____________________
__________________________________________________________________________________
7. Relationship of the accused perpetrator to the victim:___________________________________
8. Date(s) and times(s) of incident(s) (if known):___________________________________________
_________________________________________________________________
10. Location of incident(s):_____________________________________________________________
This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection,
and that the individual named above in Item 2 is or has been a victim of domestic violence, dating violence, sexual
assault, or stalking. I acknowledge that submission of false information could jeopardize program eligibility and could be
the basis for denial of admission, termination of assistance, or eviction.
Signature __________________________________Signed on (Date) ___________________________
Public Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour
per response. This includes the time for collecting, reviewing, and reporting the data. The information provided is to be
used by the housing provider to request certification that the applicant or tenant is a victim of domestic violence, dating
violence, sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA. This agency
may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office
of Management and Budget control number.
In your own words, briefly describe the incident(s):
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
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MODEL EMERGENCY TRANSFER PLAN FOR U.S. Department of Housing and Urban Development
VICTIMS OF DOMESTIC VIOLENCE, DATING OMB Approval No. 2577-0286
VIOLENCE, SEXUAL ASSAULT, OR STALKING Exp. 06/30/2017
Lincoln Park
Model Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking
Emergency Transfers
Lincoln Park is concerned about the safety of its tenants, and such concern extends to tenants who are victims of
domestic violence, dating violence, sexual assault, or stalking. In accordance with the Violence Against Women Act
(VAWA),4 Lincoln Park allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking
to request an emergency transfer from the tenant’s current unit to another unit. The ability to request a transfer is
available regardless of sex, gender identity, or sexual orientation.5 The ability of Lincoln Park to honor such request for
tenants currently receiving assistance, however, may depend upon a preliminary determination that the tenant is or has
been a victim of domestic violence, dating violence, sexual assault, or stalking, and on whether Lincoln Park has another
dwelling unit that is available and is safe to offer the tenant for temporary or more permanent occupancy.
This plan identifies tenants who are eligible for an emergency transfer, the documentation needed to request an
emergency transfer, confidentiality protections, how an emergency transfer may occur, and guidance to tenants on safety
and security. This plan is based on a model emergency transfer plan published by the U.S. Department of Housing and
Urban Development (HUD), the Federal agency that oversees that Housing Tax Credit/Bond Program is in compliance
with VAWA.
Eligibility for Emergency Transfers
A tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking, as provided in HUD’s
regulations at 24 CFR part 5, subpart L is eligible for an emergency transfer, if: the tenant reasonably believes that there
is a threat of imminent harm from further violence if the tenant remains within the same unit. If the tenant is a victim of
sexual assault, the tenant may also be eligible to transfer if the sexual assault occurred on the premises within the 90-
calendar-day period preceding a request for an emergency transfer.
A tenant requesting an emergency transfer must expressly request the transfer in accordance with the procedures
described in this plan.
Tenants who are not in good standing may still request an emergency transfer if they meet the eligibility requirements in
this section.
Emergency Transfer Request Documentation
To request an emergency transfer, the tenant shall notify Lincoln Park management office and submit a written request
for a transfer to Lincoln Park located at 790 West Little York Road; Houston, TX 77091. Lincoln Park will provide
reasonable accommodations to this policy for individuals with disabilities. The tenant’s written request for an emergency
transfer should include either:
1. A statement expressing that the tenant reasonably believes that there is a threat of imminent harm from further
violence if the tenant were to remain in the same dwelling unit assisted under Lincoln Park program; OR
4 Despite the name of this law, VAWA protection is available to all victims of domestic violence, dating violence, sexual assault, and
stalking, regardless of sex, gender identity, or sexual orientation.
5 Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national origin,
religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be made available to all
otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status.
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2. A statement that the tenant was a sexual assault victim and that the sexual assault occurred on the premises
during the 90-calendar-day period preceding the tenant’s request for an emergency transfer.
Confidentiality
Lincoln Park will keep confidential any information that the tenant submits in requesting an emergency transfer, and
information about the emergency transfer, unless the tenant gives Lincoln Park written permission to release the
information on a time limited basis, or disclosure of the information is required by law or required for use in an eviction
proceeding or hearing regarding termination of assistance from the covered program. This includes keeping confidential
the new location of the dwelling unit of the tenant, if one is provided, from the person(s) that committed an act(s) of
domestic violence, dating violence, sexual assault, or stalking against the tenant. See the Notice of Occupancy Rights
under the Violence Against Women Act For All Tenants for more information about Lincoln Park responsibility to maintain
the confidentiality of information related to incidents of domestic violence, dating violence, sexual assault, or stalking.
Emergency Transfer Timing and Availability
Lincoln Park cannot guarantee that a transfer request will be approved or how long it will take to process a transfer
request. Lincoln Park will, however, act as quickly as possible to move a tenant who is a victim of domestic violence,
dating violence, sexual assault, or stalking to another unit, subject to availability and safety of a unit. If a tenant
reasonably believes a proposed transfer would not be safe, the tenant may request a transfer to a different unit. If a unit
is available, the transferred tenant must agree to abide by the terms and conditions that govern occupancy in the unit to
which the tenant has been transferred. Lincoln Park may be unable to transfer a tenant to a particular unit if the tenant
has not or cannot establish eligibility for that unit.
If Lincoln Park has no safe and available units for which a tenant who needs an emergency is eligible, Lincoln Park will
assist the tenant in identifying other housing providers who may have safe and available units to which the tenant could
move. At the tenant’s request, Lincoln Park will also assist tenants in contacting the local organizations offering
assistance to victims of domestic violence, dating violence, sexual assault, or stalking that are attached to this plan.
Safety and Security of Tenants
Pending processing of the transfer and the actual transfer, if it is approved and occurs, the tenant is urged to take all
reasonable precautions to be safe.
Tenants who are or have been victims of domestic violence are encouraged to contact the National Domestic Violence
Hotline at 1-800-799-7233, or a local domestic violence shelter, for assistance in creating a safety plan. For persons with
hearing impairments, that hotline can be accessed by calling 1-800-787-3224 (TTY).
Tenants who have been victims of sexual assault may call the Rape, Abuse & Incest National Network’s National Sexual
Assault Hotline at 800-656-HOPE, or visit the online hotline at https://ohl.rainn.org/online/.
Tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime’s
Stalking Resource Center at https://www.victimsofcrime.org/our-programs/stalking-resource-center.
Attachment: Local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or
stalking.
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Acknowledgment
Lincoln Park
Household Name: _________________________ Unit#: _________
“I/we acknowledge that I/we have received A copy of the Notice of Occupancy Rights
Under The Violence Against Women Act-HUD- 5380, HUD-5381 Model Emergency
Transfer Plan and: Certification Form HUD- 5382 as of the date this document is
signed.”
Signature__________________________ Date____________________
Signature__________________________ Date____________________
Signature__________________________ Date____________________
Signature__________________________ Date____________________
Lincoln Park is an equal opportunity provider and employer
