The Canyons

• Inability to meet a minimum income requirement if the applicant can demonstrate the ability to comply with the rent obligation based on a rental history of paying at an equivalent rent to income ratio for 24 months

• Lack of housing history

• Membership in a class protected by Dane County fair housing ordinances and non-discrimination ordinances in the municipality where the project is located.

• Credit score

• Information on credit report that is disputed, in repayment, or unrelated to a past housing or utility (gas, electric, and water only) obligations.

• Inability to meet financial obligations other than housing and utilities necessary for housing (gas, electric, water).

• Owing money to a prior landlord or negative rent payment history if the tenant’s housing and utility costs were more than 50% of their monthly income.

• Owing money to a prior landlord or negative rent or utility payment history if applicant does one of the following: (1) establishes a regular record of repayment of the obligation; 2) signs up for automatic payment of rent to the housing provider; or (3) obtains a representative payee.

• Wisconsin Circuit Court Access records;

• Criminal activity, except: (i) a criminal conviction within the last two years for violent criminal activity or drug related criminal activity resulting in a criminal conviction, ?and (ii) if the program or project is federally assisted, criminal activity for which federal law currently requires denial.  (Violent criminal activity is defined in 24 C.F.R § 5.100 and means any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage.  “Drug related criminal activity is defined in Wis. Stat. s. 704.17(3m)(a)(2).  “Drug-related criminal activity” means criminal activity that involves the manufacture or distribution of a controlled substance.  “Drug-related criminal activity” does not include the manufacture, possession, or use of a controlled substance that is prescribed by a physician for the use of by a disabled person, as defined in s. 100.264(1)(a), and manufactured by, used, by or in the possession of the disabled person or in the possession of the disabled person’s personal care worker or other caregiver. )

Prior to a denial based on a criminal record, the housing provider shall provide the applicant access to a copy of the criminal record at least five days prior to the in-person appeal meeting and an opportunity to dispute the accuracy and relevance of the report, which is already required of HUD assisted housing providers.  See 24 C.F.R. § 982.553(d), which applies to public housing agencies administering the section 8 rent assistance program.

Prior to a denial based on a criminal record, the housing provider shall provide the applicant the opportunity to exclude the culpable family member as a condition of admission of the remaining family members.

Prior to a denial decision, the housing provider is encouraged to meet with the applicant to review their application and make an individualized determination of their eligibility, considering:  (a) factors identified in the provider’s own screening policies, (b) if applicable, federal regulations, and (c) whether the applicant has a disability that relates to concerns with their eligibility and an exception to the admissions rules, policies, practices, and services is necessary as a reasonable accommodation of the applicant’s disability.  In making a denial decision, the housing provider shall consider all relevant circumstances such as the seriousness of the case, the extent of participation or culpability of individual family members, mitigating circumstances related to the disability of a family member, and the effects of denial on other family members who were not involved in the action or failure.

The property manager will base any denial on sufficient evidence. An arrest record or police incident report is not sufficient evidence. Uncorroborated hearsay is not sufficient evidence.

Denial notices shall include the following:

a) The reason for denial with details sufficient for the applicant to prepare a defense, including:

i) The action or inaction forming the basis for the denial,

ii) Who participated in the action or inaction,

iii) When the action or inaction was committed, and

iv) The source(s) of information relied upon for the action or inaction.

b) Notice of the applicant’s right to a copy of their application file, which shall include all evidence upon which the denial decision was based.

c) Notice of the applicant’s right to copies of the property manager’s screening criteria.

d) Notice of the right to request an in-person appeal meeting on the denial decision by making a written request for a hearing within 45 days.  The housing provider is not required to hold the unit open while the appeal is pending.

e) Notice of the right to have an advocate present at the in-person appeal meeting and of the right to be represented by an attorney or other representative.

f) Notice of the right to present evidence in support of their application, including, but not limited to evidence related to the applicant’s completion or participation in a rehabilitation program, behavioral health treatment, or other supportive services.

If the applicant requests an in-person appeal meeting, the hearing will be conducted by a person who was not involved in or consulted in making the decision to deny the application nor a subordinate of such a person so involved. 

The in-person appeal meeting shall be scheduled within ten working days of the request, unless the applicant requests a later date.

A written decision on the application shall be provided to the applicant within ten working days after the in-person appeal meeting.