This document provides standards for occupancy of units at the Townhomes on Capitol Hill (the “Townhomes”). This document also outlines standards and requirements for transfers between units at the Townhomes. Attached to this policy at Attachment A is the form which must be completed to request a transfer.

Occupancy

Occupancy limits for a given unit are as follows: Units shall have no less than one and no more than two occupants per bedroom. 

A Townhomes Member, and applicants who ultimately become Members, may request a unit for which their household qualifies on the basis of documented need as reflected by the total number of occupants and other factors as described below. Occupants are all adults and children, who live in a unit. Occupants may include live-in aides, and children who are dependents but may be away at school for periods of time during a given year. Members of the military who are on deployment or on active duty at location remote from the area, and persons who are permanently institutionalized, are not considered occupants.

Elderly as well as handicapped/disabled households may occupy a unit with an additional bedroom above the minimum occupancy standards in the event that such bedroom is needed either for a live-in aide or for medical reasons as part of a Reasonable Accommodation, as outlined in the Reasonable Accommodation Policy for the Townhomes.

A Member or Member household must get approval from the Townhomes’ property manager, Corcoran Jennison (“THCH Management”) for any household/occupancy changes prior to additional occupants moving in, and provide notice within 15-days of an occupant moving out. If a Member fails to notify THCH Management of changes in occupancy, that Member will be taken out of “good standing” which means the Member will not receive Tenure Credits for that calendar year. In addition, the Member will be considered in violation of the proprietary lease, and may be subject to termination/eviction. For any visitor staying longer than 14 days, Members must notify THCH Management.

If a household has less than the minimum required occupants in a unit (is “under-housed”), the Member must transfer into an appropriate sized unit when the next unit becomes available and following 90-days notice from Management. If a household has more than the maximum number of occupants (is “over-housed”), the Member must transfer into an appropriate sized unit when the next unit becomes available and following 90-days notice from Management. If a member refuses to transfer to a smaller or larger unit, then the Member will be considered in violation of the proprietary lease, and may be subject to termination/eviction. If the Townhomes cannot offer an appropriate sized unit to a Member, that Member will continue to pay their current carrying charges until an appropriate sized unit becomes available.

Transfers

A transfer can either be required by Management based on lack of conformity with the occupancy standards listed above or requested by a Member at any time. A transfer requested by a Member is referred to as a “Transfer Request”. Transfer Requests must be made in writing signed by the Member, on the form attached as Attachment A to this policy. All Transfer Requests will be considered on a first-come first-served basis according to the date the request was received. A Transfer Request may be modified at any time by a Member to account for occupancy changes without forfeiting a Member’s place in the queue.

Transfers are classified as either Required Transfers or Nonessential Transfers, each as described below.

Required Transfers —

“Required Transfers” are those which fall into either of the two categories below:

1. Members requiring Americans with Disabilities Act (ADA) compliant units or a transfer as part of a “Reasonable Accommodation,” typically due to a physical or mental impairment that substantially limits one or more major life functions, will supersede all other transfers. Members requesting a transfer for Reasonable Accommodation may be required to fill out a Reasonable Accommodation certification of need in accordance with the Townhomes’ Reasonable Accommodation Policy. Transfers as part of a Reasonable Accommodation must be approved by THCH Management’s 504/ADA Coordinator to insure compliance with applicable federal, state, and local requirements in accordance with the Townhomes Reasonable Accommodation Policy. Once the 504/ADA Coordinator approves the Reasonable Accommodation, that transfer will be deemed approved and that transfer will be prioritized as a Required Transfer.

2. Transfers required to conform to the occupancy standards outlined above for Member households that are “over-housed” or “under-housed”.

No transfer fees will be charged to Members whose transfer is a Required Transfer.

Nonessential Transfers —

“Nonessential Transfers”, are transfers other than the Required Transfers outlined above, and which may include transfers requested by Members for the following reasons:

1. a Unit preference change such as Member’s desire for a yard or a larger/smaller floor plan, issues with unit, its location, etc.

2. Members desiring to add occupants but if doing so would violate the occupancy standards for their current unit size may request a transfer and be added to the Nonessential Transfer request list for a larger sized unit. Non-Member applicants must complete an application.

Members requesting Nonessential Transfers will be placed on the Member Transfer Waiting List. Nonessential Transfers are prioritized behind Required Transfers but before requests for occupancy made by non-Members (applicants), which are listed on a separate external wait-list. Members requesting Nonessential Transfers must live in the community for at least three (3) consecutive years, abide by all lease obligations, including making carrying payments on time, and maintain satisfactory housekeeping before being eligible. If a Member is offered a unit in response to a Member’s Nonessential Transfer request, the Member must respond in five (5) business days with interest/intent to transfer or not. If a Member rejects three (3) offered available units that generally fit the specifications requested by Member, the Member will be placed at the end of the Nonessential Transfer wait-list. A Member may be offered up to five (5) potential units for the Nonessential Transfer before being removed from the waitlist for a period of one (1) year.

If a Member accepts a Nonessential Transfer, THCH Management will recertify and re-calculate carrying charges and the share price of the transferring Member’s new unit to determine any amount(s) owed to the Townhomes or the Member. If monies are owed to the Member, the Member must provide evidence that final utility bills have been paid in full, and Management must inspect and certify the unit has not been damaged beyond normal wear and tear.  If additional monies are owed to the Townhomes, the Member is required to remit payment before the transfer date. If additional monies are owed to the Member, the Townhomes is required to remit payment within ten (10) business days of the Member’s transfer to the new unit. The Member will continue to earn tenure credits which will be adjusted, as necessary, upon transfer. The Member’s anniversary/recertification date will become the date of most recent transfer.

Members will have three (3) business days from the agreed upon date of transfer to vacate the unit Member is transferring from, return the keys, the key fob for the alarm, the public offering statement, the membership certificate, and any applicable parking passes to THCH Management.

Once a Nonessential Transfer occurs, a Member is not eligible for Nonessential Transfer again within three (3) years of the Nonessential Transfer. Members will be required to pay the “transfer fee” equivalent to one month’s carrying charge for the unit to which they are moving.

A Member may petition the Board of Directors of the Capitol Hill Cooperative Housing Association (the “Board”) for consideration of a reasonable exception to the Unit Occupancy & Member Transfer Policy in writing at any time.

Expectations of Management and the Board of Directors —

• THCH Management will maintain an up-to-date Member transfer waitlist and applicant waitlist in good order. The Member transfer waitlist will include appropriate Member information, requested unit size/type, and the date received and number of units offered/denied.

• THCH Management will notify the Board of all Required and Nonessential Transfers.

• THCH Management will in good-faith make all reasonable attempts to satisfy reasonable requests by Members and applicants.

• THCH Management will notify the Board of any and all problems that may occur in the execution of Required and Nonessential Transfers.

• The Board will consider all written petitions by Members, and will attempt to consider, without delay, each request during the next regularly scheduled Board Meeting.