Virginia Administrative Code › Title 13 - HOUSING › Agency 10 - VIRGINIA HOUSING DEVELOPMENT AUTHORITY › Chapter 140 - RULES AND REGULATIONS FOR THE ACQUISITION OF MULTI-FAMILY HOUSING DEVELOPMENTS › Section 13VAC10-140-100 - Operation, management and marketing

Current through Register Vol. 40, No. 24, July 15, 2024
The authority shall establish the rents to be charged for
				  dwelling units in the development. Units in the development shall only be
				  leased to persons and families who are eligible for occupancy thereof as
				  described in
				  13VAC10-140-20. The authority (or
				  any successor entity acquiring the development pursuant to
				  13VAC10-140-80 ) shall examine and
				  determine the income and eligibility of applicants for their initial occupancy
				  of the dwelling units of the development and shall reexamine and redetermine
				  the income and eligibility of all occupants of such dwelling units every three
				  years following such initial occupancy or at more frequent intervals if
				  required by the executive director. It shall be the responsibility of each
				  applicant for occupancy of such a dwelling unit, and of each occupant thereof,
				  to report accurately and completely his adjusted family's income, family
				  composition and such other information relating to eligibility for occupancy as
				  the executive director may require and to provide the authority (or any such
				  successor entity) with verification thereof at the times of examination and
				  reexamination of income and eligibility as aforesaid.
With respect to a person or family occupying a multi-family
				  dwelling unit, if a periodic reexamination and redetermination of the adjusted
				  family's income and eligibility as provided in this section establishes that
				  such person's or family's adjusted family income then exceeds the maximum limit
				  for occupancy of such dwelling unit applicable at the time of such
				  reexamination and redetermination, such person or family shall be permitted to
				  continue to occupy such dwelling unit; provided, however, that during the
				  period that such person's or family's adjusted family income exceeds such
				  maximum limit, such person or family may be required by the executive director
				  to pay such rent, carrying charges or surcharge as determined by the executive
				  director in accordance with a schedule prescribed or approved by him. If such
				  person's or family's adjusted family income shall exceed such maximum limit for
				  a period of six months or more, the authority (or any such successor entity)
				  may terminate the tenancy or interest by giving written notice of termination
				  to such person or family specifying the reason for such termination and giving
				  such person or family not less than 90 days (or such longer period of time as
				  the authority shall determine to be necessary to find suitable alternative
				  housing) within which to vacate such dwelling unit.
The authority (or any successor entity as described in
				  13VAC10-140-80 ) shall develop a
				  tenant selection plan for tenants eligible to occupy the development. Such
				  tenant selection plan shall include, among other information that the executive
				  director may require from time to time, the following:
(i) the proposed rent structure;
(ii) the utilization of any subsidy or other
				assistance from the federal government or any other source;
(iii) the proposed income levels of tenants;
(iv) any arrangements contemplated
				by the authority or such successor entity for tenant referrals or relocations
				from federal, state or local governmental agencies of community organizations;
				and
(v) any criteria to be used
				for disapproving tenant applications and for establishing priority among
				eligible tenant applicants for occupancy of the proposed development. In
				selecting eligible residents, the authority (or any such successor entity)
				shall comply with such occupancy criteria and priorities and with the tenant
				selection plan.
The management of the development shall also be subject to a
				  management agreement by and between the management agent and the authority (or
				  any successor entity). Such management agreement shall govern the policies,
				  practices and procedures relating to the management, marketing and operation of
				  the development. The term of the management agreement shall be as prescribed by
				  the executive director, and upon the expiration of such term the authority may
				  renew or extend such management agreement or may contract with a different
				  management agent on such terms and conditions as the executive director shall
				  require. The development shall be managed in accordance with the Act, this
				  chapter, and the management agreement.
If any successor entity formed pursuant to
				  13VAC10-140-80 is not within the
				  exclusive control of the authority, the executive director may require that
				  such entity and the development owned by and mortgage loan made to such entity
				  be subject to such of the provisions of the authority's rules and regulations
				  for multi-family housing developments as he shall require to protect its
				  security for the mortgage loan, to protect its interest in such entity and to
				  fulfill its public purpose under the Act.
Statutory Authority
§ 36-55.30:3 of the Code of Virginia.