Eligibility Restrictions and Tenant Selection Criteria

All EBALDC managed units are subject to rent and income restrictions and program regulations set forth by the California Tax Credit Allocation Committee, other governmental authorities, as well as other applicable funder requirements.

All applicants for housing will be screened according to the criteria set forth in EBALDC’s Eligibility Restrictions and Tenant Selection Criteria. The Tenant Selection Policy is established to comply with the Federal and State Laws and/or EBALDC Policies.

The purpose of the screening is to obtain information on the applicant’s past history of meeting financial obligations and future ability to make timely rent payments. EBALDC will also use the criteria to demonstrate the applicant’s suitability as a resident via verified information on past behavior to document the applicant’s ability, either alone or with assistance, to comply with essential Lease provisions and any other rules governing tenancy.

Undergoing the interview and eligibility process is not a guarantee of housing.

Eligibility and Screening

In order to be eligible for housing at the EBALDC, pre-applicants must qualify under management criteria and regulatory agencies’ requirements (“program requirements”). Management applies the same screening criteria to all pre-applicants.

Eligibility qualifications include, but are not limited to, the following:
  • The household income must not exceed the applicable Area Median Income (AMI), depending on the income restriction for the unit.
  • All adult members of the household must provide requested documentation and sign individual verification forms authorizing Agent to verify income, assets, and other applicable eligibility factors.
  • EBALDC’s unit occupancy standards are as follows*:
Bedroom Size
Minimum Number of Persons
Maximum Number of Persons
1 1 3
2 2 5
3 4 7
4 6 9
  • For units in which applicants claimed a preference, eligibility must be verified during the screening process.

 

Interview Process

When an applicant’s name reaches the top of the Marketing and/or Waiting List, the applicant will be contacted to schedule an interview if program/unit eligibility requirements are satisfied. At the time of the interview, all members of the household must be in attendance. They will be asked to bring prior three months’ pay stubs, if employed, and information on where to verify income sources, assets, and previous rental history. Other documents or identification to determine household composition, income, and assets may be requested. Applicant may provide alternative documentation and/or requests for accommodation, with supporting documents, at this time. During the interview, staff will clarify any information provided by the applicant household and answer questions regarding admission procedures. At the interview the following items will be completed by or obtained from the household:

  • A full application to rent for the Household and the Summary of Household stating Student Status for each household member.
  • A Tenant Income Certification Questionnaire form completed by each adult.
  • Applicant shall execute any releases and consents authorizing any private sources of income, or any federal, state, or local agency, to furnish or release to management such information as management and the applicable program regulations determine to be necessary.
  • All income will be verified in writing from the income source on appropriate income verification forms. For recipients of Social Security income or public assistance, current Notice of Action letters or Statement of Benefits will be accepted.
  • All assets, including bank accounts, will be verified in writing from the financial institution when necessary for program requirements. If not required and household assets total less than $5,000, all adult members of the household must sign affidavit(s) verifying household combined assets total less than $5,000.
  • A Child/Spousal Support Affidavit completed by each adult.
  • Both the current and previous landlords for the past three (3) years will be contacted by mail or fax for information concerning the history of complying with lease requirements, payment records, damage or destruction of property, interference with the rights of others, or failure to maintain the  unit  in  a  healthy,  safe  and  sanitary. Additionally, EBALDC will verify past tenant history of the applicant household within its own portfolio. Absence of prior rental history will not automatically disqualify an otherwise eligible applicant; however, Agent may request alternative means of verifying prior residence or lack of residence, as well as request provision of personal references.
  • A credit report indicating financial responsibilities, a comprehensive unlawful  detainer report, and a criminal record search will be obtained for each adult applicant. All adult applicants must pay a background check fee when they attend the initial interview. (This fee may be waived to comply with other program regulatory agreements.)

Additional Screening for Project-Based Voucher Units

Applications will be screened for eligibility for Project Based Voucher units by the Housing Authority (“HA”). EBALDC staff will collect the information required by the HA to determine eligibility and will transmit this information to the HA. They will perform a check to ensure the applicant is in good standing with the Housing Authority, meets criminal background check requirements and meets immigration status and Social Security number requirements. They will inform EBALDC once eligibility has been confirmed. Applicants must be deemed eligible by the HA in order to qualify for Project Based Voucher units.

Rejection and Appeal Process

Applicants will be rejected for any of the following:

  • Conviction of drug-related criminal activity for the production or manufacture of methamphetamine on the premises of federally assisted housing (applies to all EBALDC Communities);
  • Lifetime registration under a state sex offender registration program (applies to all EBALDC Communities)
  • Felony convictions within the last 7 years for violent or drug-related criminal activity, or other criminal activity that may threaten the health, safety, or right to peaceful enjoyment of the property by other residents or community (still applies to City of San Pablo and City of Emeryville);
  • If any household member is currently engaged in illegal use of a drug or EBALDC has reasonable cause to believe that a household member’s illegal drug use, alcohol use, or pattern of drug or alcohol abuse may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents;
  • Eligibility income exceeds the maximum allowed by program regulations;
  • Income to rent ratio of no more than 42% is required to rent the unit. (Minimum requirement does not apply for Project Based Voucher units or if the household receives Section 8 or similar assistance. This requirement may be waived on a case-by-case basis, such as with evidence of recent history of paying same or higher rent with same income.);
  • Family composition does not meet the established occupancy standards;
  • The household does not meet specific program requirements;
  • Applicant fails to provide information necessary to establish eligibility;
  • Submission of more than one application per household.

Applicants may be rejected for any of the following:

  • Failure to present all adult members of the applicant’s household at the full household interview (or some other time acceptable to management);
  • Blatant disrespectful, disruptive or antisocial behavior toward the management staff, the property, or other applicants/residents exhibited by an applicant or family member any time prior to move-in (or demonstrable history of such behavior);
  • A negative unlawful detainer report indicating failure to meet financial obligations in past tenant history, or a recent eviction within the past 5 years;
  • A negative landlord recommendation (either from Agent portfolio or external), encompassing failure to comply with the lease,  poor payment history, failure to maintain the unit in a healthy, safe, and sanitary condition, and eviction for cause.  Property Manager will verify resident history in the past 3 year regardless if applicant resided in permanent of transitional housing;
  • Falsification of any information on the application;
  • History of engaging in violent or drug-related criminal activity, or other criminal activity that may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or community;
  • Other good cause.
  • Failures to schedule and/or attend an agreed-upon time for an interview
  • Acceptable credit history, as reported by a credit bureau.  A credit report will be completed on all applicants to verify unpaid utilities required to maintain standard living (e.g., water, gas, electricity);
  • If offered a unit, applicant may refuse a unit once as a grace pass and maintain their place on the waiting list.  If a second unit is offered and refused, the applicant will be rejected and removed from the waitlist.
  • A household cannot be comprised of all full-time students (Kindergarten through 12th grade and institutions of higher education) unless they meet one of the following exceptions.  Note that for the LIHTC program, a student who is a full-time student for of 5 months out of the current calendar year is considered a full-time student for the entire calendar year. The months do not need to be consecutive.a.       A student receiving assistance under Title IV of the Social Security Act (TANF); or

    b.       A student who was previously in the foster care program; or

    c.        A student enrolled in a job training program receiving assistance under the Job Training Partnership Act or under other Federal, State or local laws; or

    d.       The household is comprised of single parents and their children and such parents are not dependents of another individual and such children are not dependents of another individual other than a parent of such children. In the case of a single parent with children, the legislative history explains that none of the tenants (parent or children) can be a dependent of a third party; or

    e.       The household contains a married couple entitled to file joint tax returns.

    Note: a student who is a full-time student for of 5 months out of the current calendar year is considered a full-time student for the entire calendar year. The months do not need to be consecutive.

Applications rejected due to information obtained from the credit/background check will be notified per the requirements of the Fair Credit Reporting Act.

If an application is rejected, then a denial letter specifying the reason(s) for the denial will be mailed to the applicant. The notice will include their right to request reasonable accommodation for a disability. The applicant has 14 calendar days from the date of the letter to submit an appeal to EBALDC. Any requests for a review of the decision must be written and must be accompanied by supporting documentation and/or information not previously submitted and which refutes the stated reason(s) for the rejection. If the applicant is not satisfied with the response to their appeal letter, the applicant may request further review from within the organization. If the applicant does not respond within 14 calendar days, the file will be permanently closed.

Other criteria may apply. For more information about resident selection contact the property manager.

EBALDC adheres to the “Ronald V. Dellums & Simarashe Sherry Fair Chance Access to Housing Ordinance No. 13581 C.M.S. (O.M.C. 8.25)”

EBALDC is an equal opportunity housing provider.  EBALDC will not discriminate against prospective residents on the basis of the fact or perception of their race, religion, creed, national origin, age, color, sex, blindness or other physical or mental disability, marital status, domestic partner status, familial status, ancestry, actual or perceived sexual orientation, gender identity or expression, genetic information, having Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions (ARC), Human Immune Deficiency viruses HIV, medical condition, height, weight, political affiliation, source of income, any arbitrary basis, or any other status protected by federal, state or local law. EBALDC will not discriminate against prospective residents on the basis of their receipt of, or eligibility for, housing assistance under any federal, state or local housing assistance program or on the basis that prospective residents have minor children. While EBALDC will not discriminate against those using Section 8 certificates or vouchers or other rental assistance, applicants with such rental assistance must meet all eligibility requirements.