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HomeMy WebLinkAboutHousing & Redevelopment Authority Minutes 01-08-1980Page 48 MINUTES OF SPECIAL MEETING OF THE HOUSING eAND REDEVELOPMENT AUTHORITY OF PLYMOUTH, MINNESOTA January 8, 1980 A special meeting of the Housing and Redevelopment Authority of Plymouth, Minnesota was held on the 8th day of January, 1980 at 7:30 p.m. at the City Council Chambers in the City of Plymouth, Minnesota. The following members of the Authority were present: Commissioners Bakke, Hillstrom, Hunt and Neils. Chairman Spaeth had resigned on January 7, 1980. There were also present the following membors of the City staff: Manager Willis, Associate Planner Dale, Attorney Lefler, and Secretary Garrity. Acting Chairman Hunt read the call of the meeting cfnd opened the public hearing at 7:30 p.m. Manager Willis announced this special meeting of the HRA was called at the request of Ms. Deborah Radtke for a public, informal hearing of the Plymouth MRA to determine if there is just cause to terminate the Section 8 Certificate she holds as a result of allegations made by the apartment manager of "At the Lake Apartments" that she caused substantial and extraordinary damage to the leased premises during her residence there from February 1, 1979 to October, 1979. Manager Willis called upon Ms. Radtke to make a statement. Ann Bartsch, attorney for Deborah Radtke, presented a statement to the S Commissioners alleging the Section 8 benefit is of a continuing nature and cannot be terminated unless there is good cause. She further stated the only tenant obligations listed in the Certificate are: 1) provide such family income information and records as may he required in the administration of the program, 2) permit inspection of its dwelling unit at reasonable times after reasonable advance notice, and 3) give at least 30 day notice to the Agency of the family's intention to vacate the unit. She stated there are no other conditions for terminating eligibility under the regulations and even if the allegations against Ms. Radtke were proved against her, they would not constitute grounds for termination of her benefits under the Section A program. Connie Phillips, apartment manager of "At the Lake Apartments," testified Ms. Radtke caused the following dainage to her apartment and garage at "At the Lake Apartments": 1) In November, 1978 she left the water running in her apart- ment while she was gone for a period of at least four weeks causing flooding in the hathroom, hall and bedroom area of the apartment. 2) While hacking out of the garage, she deliberately hit the garage door behind her parking space and the front wall of the garage. When questioned by Ms. Phillips about the damage to the door and garage wall, FIs. Radtke replied she didn't know any other way to park a car. 3) She damaged a refrigerator in her apartment by puncturing several holes in the freezer liner necessitating the replacement of the refrigerator at a cost of $348. 4) When her electrical service was disconnected by Northern States Power Company, persons staying at her apartment removed a light fixti;re in the hall- way of the apartment building and strung wires along the hall into her apartment. 5) After she moved out, the condition of her apartment was such that all the carpeting had to he replaced and the cupboard doors had to be repaired for a total cost of $1,300. Besides the above damage to the apartment, Ms. Phillips claimed Ms. Radtke's neighbors complained of being disturbed by noise from her apartment. 48- Special HRA Meeting January 8, 1980 Page 49 Acting Chairman Hunt asked Ms. Phillips what action she would normally take to solve these types of problems. Ms. Phillips replied the normal procedure would he to send warnings in writing and finally notice of eviction at least 3(1 days in advance. Ms. Phillips stated she called Ms. Radtke and sent her warnings in writing but she received no response from Ms. Radtke. Ms. Phillips further stated Ms. Radtke was slow in getting her portion of the rent payment in but it was paid within the Section R guidelines. Commissioner Neils asked if Ms. Radtke has made reasonable restitution for the damages. Ms. Phillips responded she has made none. Commissioner Neils itiquired if Ms. Radtke had vacated the apartment. Ms. Phillips replied after the court eviction hearing was waived, Ms. Radtke gave notice of 1-er intention to move and moved out 3n days later leaving a 61.(10 unpaid balance on her rent. Commissioner Neils questioned Ms. Phillips about the parties in Ms. Radtke's apartment. Ms. Phillips replied Ms. Radtke's neighbors complained often about the noise and parties in her apartment and the vandalism that took place during these parties. She stated further that many persons invited to Ms. Radtke's apartment were juveniles, and she eventually was forced to restrict, them from the building after several instances of vandalism took place. Ms. Phillips reviewed for the Authority the specific costs incurred for the various damages to the apartment and garage. Commissioner Neils asked how long Ms. Radtke was a tenant of "At the Place Apartments" and what her general record of rent payments was. Ms. Phillips replied Ms. Radtke resided in the apartments from February, 1978 to October, 1979 and her rent payments were from 5-15 days late each minth. Mayor Hunt asked Ms. Phillips when she first started eviction procedures against Ms. Radtke. Ms. Phillips replied during 1979. Commissioner Neils inquired if any tenants moved from the building specifically because of instances of nuisance, noise or vandalism that occurred during Ms. Radtke's tenancy. Ms. Phillips replied she ,-eceive6 many complaints, but no one moved out of the building because of the dis- turbances. Commissioner Neils asked what fraction of the rent was provided through thr Section 8 program. Attorney Lefler repliei this informa- tion is no`: relevant to the alleged violations. Ms. Bartsch questioned Ms. Phillips as to whether she has i+.stiyated any actions for repayment of the damages from either Ms. Radtke or the Plyma lth HPA. 49- Special NRA Meeting January 8, 1980 Page 50 Ms. epPhillipsreplied since Ms. Radtke has no funds with which to make repayment, they have requested compensation from the Plymouth NRA. Mr. pale stated, under the Section 8 program, if a tenant leaves without fulfilling his contract, the landlord may claim one month's rent from the City for damages. In this case, the claim against the City is $305. Mayor Hunt asked Ms. Radtke if she wished to respond to the allegations made by the manager of the "At the Lake Apartments." Ms. Radtke replied she would reply to the Commissioner's questions with the assistance of her attorney. Ms. Bartsch asked Ms. Radtke if she left the water running in her apartment in November of 1979 while she was gone for four weeks. Mr. Radtke replied she was in the hospital during that period and she checked the water before she left the apartment and it was nit running. When she returned to the apartment, the bathroom, hallway, bedroom and closet area was flooded. She called Ms. Phillips immediately and the maintenance employees looked at the damage, but they did not indicate wh4 caused the flooding. Ms. Bartsch asked Ms. Radtke if she deliberately hit the wall of the garage or the garage door while hacking out of the garage. Ms. Radtke stated the qarage door was heavy and difficult to open, but she never hacked into it and it never broke. Shp. stated there was a hole in the sheet rock in front the garage, but she did not know when or how it happened. Ms. Bartsch asked Ms. Radtke if she remembered when or how the refrigerator was damaged. Ms. Radtke replied she was not there when it happened. She stated a friend, who stayed with her for a month, defrosted the refrigerator. She reported the damage to Ms. Phillips, but she did not know how it happened. Ms. Bartsch asked if Ms. Radtke would he willing to make restitution for the damage to the refrigerator. Ms. Radtke replied she would. Ms. Bartsch asked Ms. Radtke to explain the incident regarding the elec- trical outlet. Ms. Radtke responded she left the apartment when the electricity was turned off and her brother and a friend came in and strung wires from the outlet 1n the hallway to her apartment to play the stereo. She did nur, know they were coming and they entered through the sliding glass door in the apart- ment which was usually unlocked. She claimed the lock on that door never worked so anyone could enter the apartment through the door. She stated she reported the broken lock to Ms. Phillips but it was never repaired. Ms. Bartsch asked Ms. Padtke if she had asked her brother to string the wires through the hallway or know of his intent to do this. Ms. Radtke replied she did not. Ms. Bartsch asked Ms. Radtke wha` the condition of the carpeting was when she moved out of the apartment. Ms. :,,dtke replied the carpeting was in bad condition, with seams torn, when she moved in and was in approximately the same condition when she moved out. She claimed she did not incur additional damaqe to the carpeting while she lived there. Ms. Radtke further stated she did not clean the carpeting before she moved out because she had only one hour's notice due to a misunderstanding about the time she was supposed to move. 50- U Special HRA Meeting January 8, 1980 Page 51 Ms. Radtke replied to the Commissioner's questions relative to the period in November of 1978 when :,he was away from the apartment stating when she left the apartment she was in labor and dirt not eApect to be gone for that long a time. When she learned she would remail in the hospital for a prolonged period, she requested her brother to go to the apartment and put a hoard in the sliding glass door to prevent persons from entering. She stated she normally left the door unlocked, but asked her brother to secure it while she •ras in the hospital. hi -laimed no one but her brother had a key to her apartment. Ms. Radtke further stated her brother did not use the water while he was in the apartment, but he entered solely for the purpose of securing the door and then left and returned the key to her. Commissioner Neils asked Ms. Radtke when the flooding in *he apartment occurre:;. She replied in November, 1978 while sli+e was in ti e hospital. Ms. Radtke rep', -.,d to the Coma ssioner's questions regarding the damage to her garage stating the hole in the sheet rock in front of the garage was too high to be causes by her car. She further stated she left the garage open when she was gone :end anyone could have used it. Ms. Radtke statFd the garage was in the same condition when she moved out as it was when she moved in except for the hole in the sheet rock. Also, while she was gone the bottom panel of the garaue door was damaged and later was pushed in one day while she was gone. While she was living in the apartment she always parked her car in the garage. Ms. Radtke stated Ms. Phillips wrote to her asking for repayment for the damage in the garage but she did not remember if she responded or not. She denied that she made the statement to Ms. Phillips, "I don't know any other way to park a car." Ms. Radtke replied to th-P Commissioner's questions regarding the damaged refrigerator stating she would pay for the damage her friend did since she was getting into trouble because of it. Ms. Radtke replied to questions regarding her absences from the apartment stating, besides the period she was in the hospital in 1978, she was gone for a couple of weeks in October and November of 1979. Sl;e stated her girlfriend ani hrother normally gained entrance to the apartment through the sliding glass door, which was normally--rilocked, and her par .:s and friends used that door to enter and leave the apartment. She furth sta-.LO she never locked that door sinless she knew she was going to he gone a prolonged period. Milt Dale stated an inspection was maa. of the apartment in rebru..•;y, 1978 and all windows and doors were lockable. Ms. Radtke states shortly after she moved in she reported to Ms. Phillips that the lock on the sliding glass door was not working, h!it it was never repaired. Mr. Radtke responded to the Commissioner's questions regarding thin incident of hooking into thy: electrical outlet in the hallwzy stating her broth.. and one of his friends camp: in while she was gone and strung electrical wires through the hallway. She stated her power was shut off twice while she lived there for 12 -hour and 4-hnur periods and she left the apartment when it was shut off. She stated she did not ';now of her brother's intent to hook ir.:o the electrical outlet in the y and did riot see the wires strung into the living room since she entered the apartment through the sliding door in the bedroom. he became aware of the circumstances the next morning when Ms. Phillips came down with a maintenance -ran to repair the wiring. 51- n U Special HRA Meeting January 8, 1980 Page 52 Mayor Hunt questioned tis. Radtke about the misunderstanding relative to the tirie she was supposed to move from the apartment. "s. Radtke replied she understood she could remain in the apartment until 12:00 midnight, but Ms. Phillips informed her at 11:00 a.m. that she must he iioved out by 12:00 noon. As a result, she was unable to vacuum the carpet before she moved out. tlowever, she claimed she had shampooed the carpet two weeks prior to that time: Ms. Raetsch stated she was representing Ms. Radtke at the time the eviction notice was brought against her. The action was dismissed on procedural grounds, and at this time, Ms. Radtke agreed to move out at the end of October and the attorneys for "At the Lake Apartments" agreed to ten days to L:ra weeks notice. Ms. Radtke replied to questions about the condition of the carpeting when she moved out stating it was iri approximately the same condition as when she moved in with seams splitting in the hallways. Mr. Dale stated his inspection of the apartment did not relate to carpeting and he had no record of its condi- tion before Ms. Radtke moved in. Ms. Phillips stied the carpeting was n1se years old in 1919 and was the original carpeting installed in the apartment. She stated there was an earnest money agreement which covered damage to the carpeting which stated that the carpet was to he left clean and in good condition as when she moved in. Mr. Dale responded to questions about the lease agreements stating there were separate lease agreements with the apartment and with the HRA and restric- tions are allowed in the apartment lease over and above those in the HILA le -ase. Ms. Radtke stated this was the first apartment she occupied under the Sec'ion 8 pros ram. Ms. Radtke responded to questions about the damage to the cupboard doors stating a girlfriend wFo was staying with her ripped off the trim strips from the cupboard doors. She did not attempt to replace them because she didn't have enough money for glue, but she stated she would have to make restitution for the damage now. Acting Chairman hunt questioned Ms. Radtke about her knowledge of the Section 8 program and asked her if she felt she deser4ed to have the continued benefits of the Section 8 Certificate. Ms. Radtke replied she thought she did. She stated without the Section R benefits she would have to live w,th her parents, where she was living nc.w. T4s. Radtke replied to questions about problems other teneats in the apart- ments had similar to hers stating she knew of a few people who had dishwashers d toilets that were not working. There were also a few people on the first f o)o r who could not lock their sliding glass doors. She stated there are a total of 204 apartments in the complex:. FIs. Phillips stated the locks on the doors in the complex are replaced if Vey do not work and there are two sliding glass doors and a screen dn.nr- in each apartment rather than a single thermopane door. 52- Special Li -A Meeting January 8, 1980 Page 53 Ms. Bartsch responded to the Coonissioner s questioning that disputes between a landlord and tenants cannot be considered grounds for termination of Section 8 benefits as compared with eviction from a specific unit. In the event a tenant has demonstrated a history of damaged apartments, it would be difficult for that person to find a landlord to rent to him/her and he/she would be unable to use the Section 8 certificate. However, it is the respon- sibility of the landlord to investigate the rental history of a tenant and his option to rent to him or not. It is not the function of the Section 8 p.•ogram to make that delineation. She stated she did not believe that any court ' found that any other kind of conduct would be grounds for termination of _tion 8 benefits o`her than those listed in the Certificate. Further, she stateL it is not within the power of the HRA to terminate a Section 8 Certificate based on a tenant's need. The Board discussed passible alternatives landlords providing apartments in the Section 8 program had to recover damages from their tenants in the program. Acting Chaiman Hunt inquired if the HRA wood he obliged to find another apartment in Plymouth for Ms. Radtke if she requested assistance. Ms. Bartsch replied the HRA's obligation goes no further than issuing her a Certificate because she is a person of low income, if she abides by the three requirements listed in the Certificate. Acting Chairman Hunt inquired if Ms. Radtke was utilizing Fier Certificate at the present time. Ms. Radtke replied she was living with her parents now. ting Chairman Hunt inquired if the HP,A were to be questioned about i` % ke's rental history if these incidents could be related. Attorney Le..,,' replied since Ms. Radtke chose to have a public hearing, it is now a matter of public record. Chairman Hunt asked if the City would be found lia*,le for not notifying a second landlord of these incidents if Ms. Radtke rented another apartment and the same type of incidents occurred again. Ms. Bartsch replied the second landlord would be responsible for investigating Ms. Radtke's rental hist^ry. Attorney Lefler stated he would like ten days to make a response to the position statement presented by Ms. Bartsch in behalf of Ms. Radtke tonight before the Board makes its decision. Ms. Bartsch stated they would not object to that if the Certificate continues in force until such time it is revoked. Attorney Lefler stated the Cerificate will remain in effect until such time. Acting Mayor Hunt inquired if the City is in a position to recover the 305 it is obliged to pay "At the Lake Aparthi2nts" to reimburse them for damages incurred by Ms. Radtke. Attorney Lefler stated there is nothing that would prevent the City from joining the landlord in a lawsuit to recover those damages. The Commissioners questioned Ms. Phillips about her experiences as manager of "At the Lake Apartments" and similar incidents she may have experienced during that time. She stated Ms. Radtke was -the first tenant under the Section 8 program. 53- Special NRA Meeting January 8, 1980 Page 54 Ms. Phillips responded to questions regarding the damage deposit Ms. Radtke was required to furnish at the time she rented the apartment stating this $62.00 deposit was used against the rent due at the time she moved. Therefore, the $1,300 claim against Ms. Radtke is for damages to the apart- ment and does not include any back rent. Acting Mayor Hunt asked Ms. Phillips if the City reimburses them $305, leaving a balance of $995, if it is their intent to take legal action to recover this sum. Ms. Phillips stated she did =iot know if they would take legal action since Ms. Radtke does not have any funds. Attorney Lefler asked for an opportunity to respond after he has studied the brief presented by Ms. Radtke this evening. The hearing was closed at 9:20 p.m. It was moved by Commissioner Neils, seconded by Commissioner Bakke, to defer action on the termination of Ms. Deborah Radtke's Section R Certificate until the City Attorney prepares a response to Ms. Radtke's brief. Motion carried, four ayes. Attorney Lefler stated the response will be available on January ;R IS and the Board should respond within ten days unless a request is made by Ms. Radtke to ri-sspond. Acting Chairman Hunt asked staff to advise the Board when a meeting can he arranged to make a determination on this matter. There was discussion of whether the HRA can set its own rules for the Section 8 program in Plymouth when we accept federal funding. Mr. Dale stated he received assurance from the HUD office that termination of a Section 8 Certificate was within the prerogatives of the HRA because• of damage to an apartment and late payment of rent. It was ir,,ved by Commissioner Neils, seconded by Commissioner Bakke, to direct staff to prepare findings and conclusions, based upon the research of the City Attorney, and present them to the Board for a decision on January 28, 1980. Motion carried, four ayes. The meeting adjourned at 9:30 p.m. 54- 0 era . Neils, Secretary FINDINGS AND DECISION TERMINATION Or ELIGIBILITY FOR SECTION 8 iUNT ASSISTANCE OF DEBORAH RADTKE On January 8, 1980 at 7:30 p.m. at the Plymouth City Hall, the Board of Commissioners of the Housing and Redevelopment Authority for the City of Plymouth, met to hear evidence on the recommended termination of the Certificate of Eligibility of Deborah Redtke to receive benefits under the Section 8 Rent Assistance Program. Ms. Radtke and. her attorney, Ms. Ann Bartsch, of the Legal Aid Society, appeared in opposition to the proposed termination. Mr. Milt Dale and Mr. Herbert P. Lefler III, appeared on behalf of the Housing and Redevelopment Authority. The Board of Commissioners heard testimony from Ms. Connie Phillips, Manager of "At the: Lake Apartments", where Ms. Radtke lived, concerning incidents which occurred during Ms. Radtke's tenancy at "At the Lake Apartments" under the Secticn 8 program. Ms. Phillips stated that during Ms. Radtke's tenancy, the water had been left on in the apartment, causing flooding of a bedroom area and damaging the carpet. That when Ms. Radtke parked her car she struck the wall in front of her vehicle and the garage door behind it, damaging both. Ms. Phillips also testified that the a:t:frigerator which was supplied with the unit Ms. Radtke rented was damaged beyond repair when the freezer .liner was punctured and that the cost of replacing that refrigerator was $348.00. There was testimony from Ms. Phillips that when Ms. Radtke's electrical power had been turned off, persons staying at Ms. Radtke's apartment rp=moved a light fixture in the hallway near her apartment and strung wires in the hall from the light fix- ture to Ms. Radtke's apartment for the purpose of supplying electricity to Ms. Radtke's apartment. Ms. Phillips also stat -1 that when Ms. Radtke moved from the apartment the apartment was in very bad condition in that it was very dirty. Ms. Phillips stated that the carpet had to be replaced and that the cost of cleaning and repairs totaled approximately $1,300.00. Ms. Bartsch addressed the board and stated briefly that in her opinion the Certificate of Eligibility could only be revoked for the reasons set forth on the Certificate itself. Ms. Bartsch also provided the commissioners with a memorandum setting out her position. Ms. Radtke testified that several of her friends had caused the damage to the refrigerator and acknowledged responsibility for making .restitution to the apartment management. Ms. Radtke also testified -that several of the incidents, such as the stringing of electrical wires and the camage to the cabinets, had been done when she was not at the apartment and without her permission. Ms. Radtke generally denied that the apartment was .in as bad condition as Ms. Phillips had characterized it and indicated that she felt she had tovacate the ;apartment by a certain time and that therms was not enough time to move her belongings and clean the apartment. Mr. Lefler asked for and was given 10 days to review and respond to 14s. Bartsch's memorandum. Mr. Lefler responded with a memoran- dum dated January 17, 1980 to the Board of Commissioners. Ms. Bartsch was given additional time to respond, which she did in a memorandum dated January 25, 1980. Based on all the .evidence and records in this case, the Board of Commissioners .for the Rousing and Redevelopment Authority would revoke the Certificate of Participation in the Section 8 Rousing Assistance Program of Deborah.P.adtke. The commission bases its decision on its .finding that while a participant in the Section 8 program Ms. Radtke did, by her actions and by those who she 40 freely allowed to use CLe apartment, engage in conduct which endangered the life, safety and welfare of other tenants and caused substantial and extraordinary damage to leased premises in violation of the conditions of her lease. Therefore, Ms. Deborah Radtke's Certificate of Participation is hereby revoked. Such revocation shall be effective on April 1, 1980. H.OUS.ING AND REDEVELOPMENT AUTHORITY FOR 1'11E CITY OF PLYMOUTH - By - —/ Dated: , y 1980. 2-