Tenant Selection Planning and Implementation In MHSA Housing

Tenant Selection: Planning and Implementation In MHSA Housing Anne Cory MHSA Operations TA Call November 3, 2010 www. csh. org

Overview of tenant selection n 2 The process of outreaching to, screening, and selecting tenants for a supportive housing project is a two-way process during which project staff is evaluating whether a specific prospective tenant is right for the project, and the prospective tenant is deciding if she or he would like to live there. The move-in process, if conducted in a thorough manner, can set the stage for successful tenancy.

First step is defining target population n n 3 Item D. 2 Development Description – 3. Characteristics of tenants to be served; Item D. 3 Consistency with the Three-Year Program and Expenditure Plan – Describe how the proposed housing development is consistent with the sponsoring county mental health department's approved Three-Year Program and Expenditure Plan. Provide specific information regarding how the development meets the priorities and goals identified in the Three-Year Program and Expenditure Plan.

First step is defining target population n n 4 Item D. 4 Description of Target Population to be Served Describe the MHSA Rental Housing Program target population to be served in the development. Include a description of the following: 1. Age group, i. e. , adults, older adults, children, TAY; 2. The anticipated income level of the MHSA tenants; and, 3. A description of the anticipated special needs of the target population to be served, e. g. , physical disabilities, chronic illness, substance abuse, prior housing status, etc.

First step is defining target population n n 5 No you may not restrict housing access to FSP enrollees Yes you may designate FSP Eligible Consumers as target population for housing – This definition will allow you to house those most difficult to serve and most vulnerable – This definition will not trigger Fair Housing complaints

Crafting a tenant selection plan Two elements of the tenant selection plan 1) Tenant eligibility certification performed by the Mental Health Department 2) Tenant Selection Plan (i. e. , property management tenant screening) 6

Tenant Eligibility Certification (D 5) The requirement The county mental health department is responsible for certifying the eligibility of individuals applying for tenancy in an MHSA unit, for compliance with the target population criteria. 7

Tenant Eligibility Certification (D 5) The application Submit a narrative description of the following: – How an individual applies to the county to become certified as eligible for an MHSA unit; – How certification of eligibility will be documented, provided to the individual applicant, and maintained by the county; and, – How certification of eligibility will be provided to the property manager/development. 8

Certification Process n 9 Defining the basic elements of certification: – a standardized tenant and certification application for all potential tenants of the program – assess applicants for homelessness and at-risk of homelessness as well as mental health disability – Those clients who are MHSA Housing programeligible will be certified and a verification of homelessness, at-risk of homelessness, and mental health disability will be documented.

Examples - Certification n 10 Examples of forms and processes – Los Angeles County – Alameda County

Tenant Selection n 11 MHSA Certification does not take into consideration factors such as credit history, eviction history, or criminal history. These are all issues for assessment in the tenant selection process by the property manager or landlord. County Mental Health staff remain involved in process as client advocate, providing assistance to the applicant (as desired), and providing reasonable accommodations when asked and appropriate.

Tenant Selection Goals of property management screening: 1)determine if the applicant is eligible for the project; 2)determine if the applicant’s paperwork is complete and satisfactory; 3)determine whether the applicant has the ability and the intent to comply with the conditions of the lease; and 4)make the final decision whether or not to rent to the applicant. 12

Elements of tenancy decision n n 13 MHSA Housing Certification; Ability to meet the requirements of tenancy, particularly income; Current use/abuse of controlled substances; Conviction of crimes that involve physical violence to persons or property, drug-related crimes, sex-related crimes and crimes that would affect the health and safety of other tenants if a like crime occurred in the project.

Tenant Selection Plan The requirements 1. How prospective tenants will be referred to and selected for MHSA units in the development; 2. The tenant application process; 3. The procedure for maintaining the wait list; 14

Tenant Selection Plan The requirements (continued) 4. The process for screening and evaluating the eligibility of the prospective MHSA tenants, including the criteria that will be used to determine a prospective MHSA tenant's eligibility for occupancy in the development; 5. The appeals process for individuals who are denied tenancy in an MHSA unit; and, 6. The reasonable accommodations policies and protocols. 15

Tenant Selection Plan In developing tenant selection plan: n Clearly define criteria and process for tenant screening by property management. This includes defining expectations of tenants, schedule of the process, application forms, interviews, reasons for rejection, appeal process. Also, designate who will be conducting the process. n Keep service needs and tenancy decision separate n Applicant screening will determine whether consumer can 1) pay rent on time, 2) maintain the premises, and 3) comply with the terms of the lease. 16

Tenant Selection Plan n 17 The first step in establishing a tenant screening process is to review procedures to determine whether the information being requested of the applicant is reasonably related to the tenancy. Requests for information that do no bear on the applicant’s ability to pay rent, maintain the premises rented or comply with the terms of the lease may be unlawful.

“Screening In” Applicants n n n 18 Property management and supportive services staff work together to “Screen In” those who will benefit from the housing opportunities being provided. Craft a process that is straightforward and easy to navigate; Ensure that the process is a good “fit” for the target population(s) and provides a realistic opportunity to access the housing opportunities; Consult with a qualified attorney in developing their intake procedures, policies, and forms; and Continuously evaluate the process – and if it isn’t working, change it.

Fair Housing Law n 19 NOTE: Cal HFA’s approval of an MHSA Housing Program Application does not ensure that the Tenant Certification/Referral Process is compliant with local, state and federal fair housing laws. The Developer/Borrower is advised to seek legal counsel to ensure that the Tenant Certification/Referral Process complies with fair housing laws.

Overarching Fair Housing and MHSA Concerns § Are services voluntary? § Are consumers “steered” into a particular housing type or project? § Do consumers have a choice? § Are consumers integrated into the community? § Are consumers reasonably accommodated in accessing housing? § Does any aspect of the tenant certification and referral process cause a disparate impact on a protected class? 20

Tenant Selection in “Between the Lines” n Information included on: – Screening and Intake – Reasonable Accommodations and Reasonable Modifications 2010 California Edition of Between the Lines: A Question and Answer Guide on Legal Issues in Supportive Housing www. csh. org/Resources/Publications 21

Fair Housing Law n 22 Just as MHSA principles guide how we operate and provide services in housing for persons with co-occurring disorders, Fair Housing regulations impact: – How we screen applicants for housing – How we design policies – How we deliver services – How we deal with “inappropriate” behavior

Examples Vida Nueva (Sonoma County) n Burbank Housing has extensive experience in working with people with a wide range of disabilities as well as backgrounds/records that prevent them from establishing stable, productive lives for themselves and their children. With this experience, Burbank Housing, with assistance from SCMH and COTS, will be able to evaluate negative information and determine when and under what conditions reasonable accommodation should be made. Our experience has taught us that a negative history can be overcome with the right intention and the proper support; hence, the name of the project, Vida Nueva or New Life. n Our program is all about giving people as many chances as it takes to get established, providing incentives to succeed and imposing consequences for inappropriate behavior coupled with opportunities to redeem oneself. 23

Examples n n 24 Madera County: All applicants will be given information about their rights to reasonable accommodation as well as their right to appeal screening decisions. All credit, background, and/or landlord history information obtained will be considered in light of the project’s goal to provide housing for individuals with mental illness. Applicants with negative background information will have the opportunity, with the support of BHSA FSP staff, to demonstrate that past behavior causing those issues was directly related to their mental illness or disability and they will be given an opportunity to request reasonable accommodation.

Resources to help with tenant selection n CSH Publications (all at www. csh. org) : – Between the Lines 2010 – California edition – Best Practices Manual: Integrating Property Management and Services in Supportive Housing – Toolkit on Developing and Operating Supportive Housing – Supportive Housing Property Management Operations Manual § HUD Website: www. hud. gov 25

For assistance with your Tenant Selection Plan contact CSH Anne Cory anne. cory@csh. org (510) 251 -1910 x 208