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CODE OF RHODE ISLAND RULES
AGENCY 41. EXECUTIVE DEPARTMENT
SUB-AGENCY 020. INTERGOVERNMENTAL RELATIONS DIVISION
CHAPTER 002. STATE RENTAL SUBSIDY PROGRAM
Date:
08/31/2009
Document:
41 020 002 STATE RENTAL SUBSIDY PROGRAM
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Section V - Properties
A. Eligibility
1. Any type of housing meeting the Housing Quality Standards may be eligible under this program except -
- Housing owned by the household to be assisted (except if the household rents the pad for a mobile home)
- Nursing Homes
- Housing owned by those prohibited due to conflict of interest
- Units within the grounds of penal, reformatory, medical, mental and similar public or private institutions and facilities providing continued psychiatric, medical or nursing services
2. Congregate Housing must be utilized by elderly, handicapped, disabled or displaced families or individuals
3. Independent Group Residences are an eligible type of property under the program provided they meet the requirements of the Housing Quality Standards for this type of property described below and, if utilized by elderly, handicapped or disabled, families or individuals who require a planned program of supportive services appropriate to their needs.
4. The units assisted under this program shall exclusively serve as the primary residence of the tenants.
5. The units assisted under this program shall be located in a development where at least 50% of the units are rented at an affordable level, which means that the gross rent charged is no greater than the maximum Fair Market Rent for the particular size unit as established by HUD for the Section 8 existing housing program.
6. Units assisted can be located in an owner occupied building.
In that case 50% will mean one half of the remaining units, if an odd number: one half plus one.
7. For purpose of this part "Substantial Rehabilitation" refers to housing for which rehabilitation work starts after execution of the Agreement or housing which is already undergoing rehabilitation when the Agreement is executed provided that: (i) at the date of application a substantial amount of rehabilitation work (generally at least 25%) remains to be completed.
(ii) at the date of application the project cannot be completed and occupied by eligible households without assistance under this part. (iii) at the time rehabilitation was initiated all parties reasonably expected the project would be completed and occupied without assistance under this program.
8. For purpose of this part "newly constructed" refers to housing for which construction work starts after execution of the Agreement or housing which is already undergoing construction when the agreement is executed provided that: (i) at the date of application a substantial amount of construction work remains to be completed (at least 25%). (ii) at the date of application the project cannot be completed and occupied by eligible households without assistance under this part; (iii) at the time construction was initiated all parties reasonably expected the project would be completed and occupied without assistance under this program.
9. Units in manufactured house parks - are eligible for assistance. Such assistance may be provided with respect to the rental of a new manufactured house and the space on which it is located or, where a manufactured house is owned by an eligible household with respect to the rental of the space above (including a space in a Cooperative). These provisions will apply only to manufactured houses or spaces leased at a date subsequent to the effective date of these rules. Only eligible owners who are planning to acquire; substantially rehabilitate or newly construct a manufactured homes park will be able to apply for the State Rental Subsaidy Program. Owners will have to abide by the Act = 50% of the space, or housing made available in perpetuity by eligible owners at an affordable rent for eligible households. Parks will also have to provide minimum amenities and services to be later on determined in a specific set of rules and regulations. Until adoption of those rules no RAP Contract will be executed with any owner of Manufactured Homes Parks.
10. Temporary Provisions - projects under rehabilitation or construction at the time these rules are adopted, but which were less than 50% complete at the time of passage of the Act shall be deemed eligible if Final Application is made pursuant to these rules prior to April 1, 1989.
11. Transitional Housing units will be eligible under certain conditions:
a) the owner will have to provide supportive services to enable tenants in their transition to a permanent housing situation. The owner will have to describe the provision of supportive services and the transition plan in the Final Application.
b) maximum tenancy will be limited to 24 months
12. Lease-Purchased Units will be eligible if deed restrictions are imposed at time of sale and resale of the approved units to guarantee the affordability of the units in perpetuity. The duration of the lease will not be more than 5 years.
B. Housing Quality Standards
All units assisted under this Program shall, prior to the execution of any RAP Contract meet the Performance and Acceptability Requirements and Criteria set forth in this section.
a) Sanitary Facilities (except for SRO units)
(1) Performance Requirement
The dwelling unit shall include its own sanitary facilities which are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste.
(2) Acceptability Criteria
A flush toilet in a separate, private room, a fixed basin with hot and cold running water, and a shower or tub with hot and cold running water shall be present in the dwelling unit, all in proper operating condition. These facilities shall utilize an approved public or private disposal system.
b) Food Preparation and Refuse Disposal (except for SRO units)
(1) Performance Requirement
The dwelling unit shall contain suitable space and equipment to store, prepare, and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary.
(2) Acceptability Criteria
The unit shall contain the following equipment in proper operating condition: cooking stove or range and a refrigerator of appropriate size for the unit, supplied by either the Owner or the Household, and a kitchen sink with hot and cold running water. The sink shall drain into an approved public or private system. Adequate space for the storage, preparation and serving of food shall be provided. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g., garbage cans).
c) Space and Security
(1) Performance Requirement
The dwelling unit shall afford the family adequate space and security.
(2) Acceptability Criteria
A living room, kitchen area and bathroom shall be present; and the dwelling unit shall contain at least one sleeping or living/sleeping room of appropriate size for each two persons. Exterior doors and windows accessible from outside shall be lockable.
d) Thermal Environment
1 Performance Requirement
The dwelling unit shall have and be capable of maintaining a thermal environment healthy for the human body.
(2) Acceptability Criteria
The dwelling unit shall contain safe heating and/or cooling facilities which are in proper operating condition and can provide adequate heat and/or cooling to each room in the dwelling unit appropriate for the climate to assure a healthy living environment. Unvented room heaters which burn gas, oil or kerosene are unacceptable.
e) Illumination and Electricity
(1) Performance Requirement
Each room shall have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire.
(2) Acceptability Criteria
Living and sleeping rooms shall include at least one window. A ceiling or wall type light fixture shall be present and working in the bathroom and kitchen area. At least two electric outlets one of which may be an overhead light, shall be present and operable in the living area, kitchen area, and each bedroom area.
f) Structure and Materials
(1) Performance Requirement
The dwelling unit shall be structurally sound so as not to pass any threat to the health and safety of the occupants and so as to protect the occupants from the environment.
(2) Acceptability Criteria
Ceilings, walls, and floors shall not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling or noticeable movement under walking street, missing parts or other serious damage. The roof structure shall be firm and the roof shall be weathertight. The exterior wall structure and exterior wall surface shall not have any serious defects such as leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior and exteriors stairways, halls, porches, walkways, etc., shall be such as not to present a danger of tripping or falling. Elevators shall be maintained in safe and operating condition. In the case of a mobile home, the home shall be securely anchored by a tiedown device which distributes and transfers the loads imposed by the unit to appropriate ground anchors so as to resist wind overturning and sliding.
g) Interior Air Quality
(1) Performance Requirement
The dwelling unit shall be free of pollutants in the air at levels which threaten the health of the occupants.
(2) Acceptability Criteria
The dwelling unit shall be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathroom areas shall have at least one openable window or other adequate exhaust ventilation.
h) Water Supply
(1) Performance Requirement
The water supply shall be free from contamination.
(2) Acceptability Criteria
The unit shall be served by an approved public or private sanitary water supply.
i) Lead Based Paint
(1) Performance Requirement
(i) The dwelling unit shall be in compliance with HUD Lead Based Paint regulations, 24 CFR, Part 35, issued pursuant to the Lead Based Paint Poisoning Prevention Act, 42 U.S.C. 4801,and the Owner shall provide a certification that the dwelling is in accordance with such HUD Regulations.
(ii) If the property was constructed prior to 1978, the family upon occupancy shall have been furnished the notice required by HUD Lead Based Paint regulations and procedures regarding the hazards of lead based paint poisoning, the symptoms and treatment of lead poisoning and the precautions to be taken against lead poisoning.
(2) Acceptability Criteria Same as Performance Requirement
j) Performance Requirement
The dwelling unit shall be usable and capable of being maintained without unauthorized use of other private properties, and the building shall provide an alternate means of egress in case of fire.
(2) Acceptability Criteria
The dwelling unit shall be usable and capable of being maintained without unauthorized use of other private properties. The building shall provide an alternate means of egress in case of fire (such as fire stairs or egress through windows).
k) Site and Neighborhood
(1) Performance Requirement
The site and neighborhood shall be reasonably free from disturbing noises and reverberations and other hazards to the health, safety and general welfare of the occupants.
(2) Acceptability Criteria
The site and neighborhood shall not be subject to serious adverse environmental conditions, natural or manmade, such as dangerous walks, steps, instability, flooding, poor drainage, septic tanks back-ups, sewage hazards or mudslides; abnormal air pollution, smoke or dust; excessive noise, vibration or vehicular traffic, excessive accumulations of trash; vermin or rodent infestations; or fire hazards.
1) Sanitary Condition
(1) Performance Requirement
The unit and its equipment shall be in sanitary condition.
(2) Acceptability Criteria
The units and its equipment shall be free of vermin and rodent infestation.
m) Congregate Housing - Performance Requirement
The foregoing standards shall apply except for paragraph (b) of this section and the requirement in paragraph (c) (2) of this section for a kitchen area. In addition, the following standards shall apply: (1) The unit shall contain a refrigerator of appropriate size, (2) The sanitary facilities described above shall be contained within the unit, (3) The central dining facility and central kitchen shall be located within the building or housing complex and be accessible to the occupants of the congregate units, and shall contain suitable space and equipment to store, prepare and serve food in a sanitary manner by a food service or persons other than the occupants and shall be for the primary use of occupants of the congregate units and be sufficient in size to accommodate the occupants. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g., garbage cans).
n) Independent Group-Residence-Performance Requirement
The foregoing standards shall apply except for paragraphs (a), (b), (c), (f), (k), and (m) of this section. In addition, the following standards shall apply: (1) The unit shall contain and have ready access to a flush toilet which can be used in privacy, a fixed basin with hot and cold running water, and a shower and/or tub equipped with hot and cold running water all in proper operating condition and adequate for personal cleanliness and the disposal of human wastes. These facilities shall utilize an approved public or private disposal system, and shall be sufficient in number so that they need not be shared by more than four occupants. Those units accommodating physically handicapped occupants with wheelchairs or other special equipment shall provide access to all sanitary facilities, and shall provide, as appropriate to needs of the occupants, basins and toilets of appropriate height; grab bars to toilets, showers and/or bathtubs; shower seats; and adequate space for movement.
(2) The unit shall contain suitable space to store, prepare and serve foods in a sanitary manner. A cooking stove or range, a refrigerator(s) of appropriate size and in sufficient quantity for the number of occupants, and a kitchen sink with hot and cold running water shall be present in proper operating condition. The sink shall drain into an approved private or public system. Adequate space for the storage, preparation and serving of food shall be provided. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g., garbage cans).
(3) The dwelling unit shall afford the family adequate space and security. A living room, kitchen, dining area, bathroom and other appropriate social and/or recreational community space shall be within the unit and the swelling unit shall contain at least one sleeping room of appropriate size for each two persons. Exterior doors and windows accessible from outside each unit shall be capable of being locked. An emergency exit plan shall be developed and occupants shall be appraised of the details of the plan. Regular fire inspections shall be conducted by appropriate local officials. readily accessible first aid supplies and fire extinguishers shall be provided throughout the unit, smoke detectors shall be provided and emergency phone numbers (police, ambulance, fire department, etc.) shall be available at every phone and individual copies shall be provided to each occupant. All emergency and safety features and procedures shall meet applicable state and local standards.
(4) The unit shall be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the occupants from the environment. Ceiling, walls and floors shall not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other serious damage. The roof structure shall be firm and the roof shall be weathertight. The exterior or wall surface shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior and exterior stairways, halls porches, walkways, etc., shall be such as not to present danger of tripping or falling. Elevators shall be maintained in safe and operating condition. Units accommodating physically handicapped occupants with wheelchairs and other special equipment shall not contain architectural barriers which impede access or use, and handrails and ramps shall be provided as appropriate.
(5) The site and neighborhood shall be reasonably free from disturbing noises and reverberations and other hazards to the health, safety, and general welfare of the occupants, and shall not be subject to serious adverse environmental conditions, natural manmade, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank back-ups, sewage hazards or mudslides; abnormal air pollution, smoke or dust; excessive noise, vibrations or vehicular traffic; excessive accumulations of trash; vermin or rodent infestation; or fire hazards. The unit shall be located in a residential setting or similar in size and appearance to housing generally found in the neighborhood, and be within walking distance or accessible via public or available private transportation to medical and other appropriate commercial and community service facilities.
(6) Supportive Services (i) A planned program of adequate supportive services appropriate to the needs of the occupants shall be provided on a continual basis by a qualified resident assistant(s) residing in the unit, or other qualified person(s) not residing in the unit, who will provide such services on a continual, planned basis. Supportive services which are provided within the unit may include the following types of services: counseling, social services which promote physical activity, intellectual stimulation and/or social motivation: training or assistance with activities of daily living including housekeeping, dressing, personal hygiene and/or grooming provision of basic first aid skills in case of emergencies; supervision of self administration of medications, diet and nutrition; and assurance that occupants obtain medical care as needed, by facilitating the making of appointments at, and transportation to, medical facilities. Supportive services provided within the unit shall not include the provision of continual nursing, medical or psychiatric care.
(ii) The provision and quality of the planned program of supporting services, including the minimal qualifications, quantity and working house of the resident assistant(s) living in the unit or other person(s) providing continual supportive services, shall be initially determined by the Service Agency in accordance with the standards established by the State. Compliance with these standards by the Service Agency shall be regularly monitored throughout the term of the Contract by the Department and the State (e.g., Department of Human Services; Department of Mental Health, Retardation, and Hospitals; Department of Children and Their Families, etc.), or a local authority (other than the Service Agency providing services) designated by the State to establish, maintain and enforce such standards.
(iii) A written Service Agreement(s), approved by the State and in effect between the Owner and the Service Agency and/or the entities which provide the necessary supportive service, shall be submitted to the Department prior to the execution of the RAP Contract. The lease between the eligible individual and the Owner shall set forth the Owner's obligation for and means of providing these services. If the lessor provides the supportive services, a Service Agreement is not required and the provision of these services shall be incorporated in the Lease and shall be approved by the State.
(7) State Approval. Independent Group Residences shall be licensed, certified or otherwise approved in writing by the State (e.g., Department of Human Services, Department of Mental Health, Retardation and Hospitals; Department of Children and Their Families, etc.) prior to the execution of the RAP Contract. This approval shall be reexamined periodically based on a schedule established by the Department. To insure that facilities and supportive service are appropriate to the need of the occupants, the Department shall also approve the written Agreement(s) or Lease if the provider of services is the Leasor for each Independent Group Residence.
C. Minimum Standards for Substantial Rehabilitation and New Construction
All substantial rehabilitation and new construction will be conducted according the standards set forth in the State Building Code.
D. Site and Neighborhood Standards
Proposed sites must meet the following standards:
1) adequate utilities and streets must be available to service the site
2) the site must provide a greater choice of housing opportunities in the neighborhood where it is located.
3) the site must be free from serious adverse environmental conditions
4) the housing must be acceptable to social, recreational, educational, commercial and health facilities and services
5) the project may not be located in an area that has been identified as having special flood hazards Evidence of compliance to these requirements will be datailed in the Administrative Plan.
E. Inspections
In addition to the "Final Inspection" prior to the execution of the RAP Contract (see section on "Owners") the Department will inspect each dwelling unit leased to an eligible tenant at least annually and at such other times as may be necessary to assure that the owner is meeting his obligations to maintain the unit in decent, safe and sanitary condition and to provide the agreed upon utilities and other services. The Department will take into account complaints and any other information coming to its attention in scheduling inspections. All complaints by households concerning compliance by the owner with the Housing Quality Standard shall be retained in the Department files.
Units Not In Compliance with Housing Quality Standards
If the Department notifies the owner that he has failed to maintain a dwelling unit in decent, safe and sanitary condition and the owner fails to take corrective action within the time prescribed in the notice, the Department may exercise any rights or remedies under the RAP Contract including abatement of Rental Assistance Payment, termination of the contract for that specific unit. Details on the Inspection Procedure will be included in the Administrative plan.
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**Note: Only the section analyzed by the PHASYS team is included here as the entire regulation exceeded ~100 pages.
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