Operating Procedures DRAFT
Supplement #41
December 22, 1997/Updated 4/98
RESIDUAL OCCUPANT(s)
HUD Handbook 7465.1 REV-2, 8/87, Chapter 3, defines a “residual” member as:
“A remaining member is a member of the family listed on the lease who continues to live in the public housing dwelling after all other family members have left.”
Therefore, consistent with the HUD Handbook, HUD regulations, State Law and LMHA’s current lease. The treatment of the vacating leaseholder and the remaining family member shall be handled as follows:
1) A move-out inspection with the vacating leaseholder shall be scheduled and conducted within ten (10) days of notification of move-out.
2) Copies of the move-out inspection shall be provided to both the vacating leaseholder and the remaining family member.
3) All charges for damages to the unit, if any, shall be processed as soon as practicable after the inspection and given to the vacating leaseholder, who shall be responsible for same.
4) The vacating leaseholder shall be offered a “Waiver of Right to Refund of Security Deposit” which is attached as Exhibit “A”.
“If the vacating leaseholder signs the Waiver, then no “new” security deposit shall be collected from the remaining family member and no charges for damages shall be deducted from the “current” security deposit (the security deposit owned by the vacating leaseholder). The payment for those damages shall be agreed upon by LMHA and made by the vacating leaseholder.
If the vacating leaseholder refuses to or does not sign the Waiver, then a “new” security deposit shall be collected from the remaining family member and all charges for damages shall be deducted from the “current” security deposit and any balance shall be collected or refunded to the vacating leaseholder within thirty (30) days of vacating.
5) If the remaining member signed the lease, prior to head of household leaving, the
person could continue in the program under the lease:
-the security deposit issue is resolved by Waiver, or
-the remaining family member has successfully passed screening; and
-a “new” security deposit is collected.
6) If the remaining member did not sign the lease, the LMHA would have to determine
whether it would be willing to enter into a lease with that person.
7) If the remaining person has signed the lease, the management office will need to
immediately make the remaining person the head of household. To do so, the office
would have to do the following:
1)Change the head of household to co-head
2)Change the remaining person to head of household
3)Delete the co-head
4)Send notification to Manager of Housing Operations who will change the tenant identification number
5)Management office must submit the social security number of the person leaving and the person becoming the head of household
Exhibit A
Waiver of Right to Refund of Security Deposit
1)I, , am currently the head of household for the unit located at .
2)I have paid a security deposit of $ for this unit.
3)I intend to vacate this unit on .
4)It is my intention that my security deposit remain with this unit, so that , may keep this as a security deposit for this unit after I have vacated.
5)I understand that I am responsible for any and all charges to the unit and for any unpaid rent due while I am/was the head of household.
6)I understand that under Ohio Law, R.C. 5321.16, I am entitled to be refunded my security deposit, less any unpaid rent that I owe or damages to the unit caused by me or my family members, or guests, within 30 days after vacating my unit.
7)I understand my right to my security deposit and it is my desire to waive any right to this security deposit.
8)I am signed this form of my own free will and it is my voluntary act. I have been given time to think about signing this form. I have been given time to seek to have anyone I like review this form before signing it.
Date:
Resident
Date:
Housing Manager
LMHA Form #