PRP.7.13.020 Collections

(a) Timetable for Notices Applicable to Rental Programs.

(1) First Notice, If the rent payment is not paid by the 10th day of the month the Housing Authority shall hand deliver a Notice to Pay Rent or Quit to the tenant or an adult member of the household. This notice will include the following:

(A) The date of the notice.

(B) The date the rent or homebuyer payment and other charges were due.

(D) A statement of the ramifications of non-payment.

(2) Final Notice. If the rent payment is not paid according to the terms of the First Notice, the Housing Authority shall hand deliver a Termination of Tenancy Fourteen Day Notice. This notice will include the following:

(A) The date of the notice.

(B) The tenancy is being terminated.

(D) Statement of who to contact to make payment in full, reach an agreement for payment, or to make arrangements to vacate the premises.

(E) Statement that failure to comply with this notice will result in legal action to terminate the lease and for Housing Authority to reclaim the premises.

(3) The tenant's right to retain occupancy by paying in full all financial obligations after service of a Fourteen Day Notice is terminated if the tenant has been previously served with two or more notices of non-payment of rent and the Housing Authority serves on the tenant a Thirty Day Notice of Termination.

(4) If a tenant has not complied with the financial requirements described in their Dwelling Lease, the Housing Authority shall hand deliver to the tenant or an adult member of the household a Thirty Day Notice of Termination. This notice shall contain the following:

(A) To vacate the premises within 30 days from the date of this notice.

(B) The reason for termination.

(D) Failure to vacate the premises within the 30 days, legal action will be taken.

(E) A statement of any right to file a grievance.

(F) The right to examine any relevant documents.

(5) The tenant shall be liable to the Housing Authority for any court costs associated with an eviction or other legal action brought to enforce a lease, including but not limited to filing, service, and legal fees.

(b) Collection or Non-compliance Remedies.

(1) Tenants with delinquent accounts or who are not in compliance with their Dwelling Lease Agreement are encouraged to enter into agreements for payment of their delinquent account or to become in compliance with the requirements of their Dwelling Lease Agreement. The Housing Authority may negotiate an agreement for non-payment or non-compliance with the tenant as an alternative to termination. The agreement will include an acknowledgment of the amount owed, the terms of repayment including the date, amount, and method of payment, other non-compliance issues, along with a default clause in the event the agreement is breached. The agreement will be signed by the head of household or spouse as applicable and designated Housing Authority staff. If a tenant presents credible evidence of hardship that caused or may cause a breach of the agreement, the Housing Authority will have discretionary authority to renegotiate or reconsider the agreement. If prior agreements have failed, the Housing Authority may choose not to reconsider the agreement with the tenant.

(2) Should a tenant violate the terms of their agreement with the Housing Authority, the Housing Authority shall proceed with proper legal eviction action.

(3) Payment agreements may be executed for payment of vacated accounts.

(4) Failure to make the required monthly payments and/or breach of subsequent payment agreements and termination of the tenant's lease agreement will result in suspended eligibility for future services or benefits offered by the Housing Authority.

(5) Tenants with delinquent accounts will be referred to appropriate counseling and provided any other available information that may enhance the prompt payment of their delinquent account. The Housing Authority may schedule a counseling session for the tenant at a specified time and location during the period of account delinquency. Attendance and participation will be required. The Housing Authority shall require the tenant to sign a statement documenting attendance and commitment by the tenant to improve their personal financial management skills.

(6) At the discretion of the Housing Authority, full payment of delinquent rent payments, including any current amounts due, may be accepted and collection proceedings stopped if received prior to court action.

(7) For vacated accounts, reconciliation of the tenant's account including any damages charged to the tenant will be promptly sent to the former tenant after the unit has been vacated at the last known address. If any amount due is not paid or arrangements have not been made within 90 days, the account will be determined to be uncollectible.

(8) Uncollectible accounts will be removed from the accounts of the Housing Authority but not forgiven to the former tenant.