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HomeMy WebLinkAboutHousing & Redevelopment Authority Packet 01-08-1980AGENDA PLYMOUTH HOUSING and REDEVELOPMENT AUTHORITY JANUARY 8, 1980 City Council Chambers Conference Room Tuesday. 7;30 p.m. I. Roll Call II. Pretermination Hearing III. Discussion of Changes in the Plymouth HRA's Regulations for Admission and'Occupancy Policies for its Section 8 Rent Assistance Program IV. Adjournment J i CITY OF PLYMOUTH 340.0 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55441 TELEPHONE (612) 559-2800 DATE: December 20, 1979 MEMO TO: HRA Commissioners FROM: Milt Dale, HRA Staff SUBJECT: Pretermination Hearing for Deborah Radtke's Section 8 Certificate On Tuesday, January S. 1980, the Plymouth Housing and Redevelopment Authority Will be holding a hearing to determine if there is just cause to terminate the Section 8 Certificate presently held by Deborah Radtke. Representing the City of Plymouth will be Herb Lefler, Jr., an attorney for the City and as witnesses will be Connie Philips, manager for "At The Lake Apartments" and John Downs, maintenance man for "At The Lake Apartments". Deborah Radtke's attorney has already been notified of the pretermination hearing date, so that her attorney should have adequate time to respond.. On December 10, 1979, a letter was mailed to Deborah Radtke's attorney to inform her of the pretermination hearing. Allegations by the apartment manager have been made that Deborah Radtke's conduct while living at "At The lake Apartments" caused substantial and extraordinary damage to the leased premises. Specifically these allegations are as follows: a) In November of 1978 left the water running in her apartment While she was gone for a period of at least four weeks. The water overflowed arr flooded the bedroom area of the apartment. b) That while a tenant, she would, while backing out of her parking space, deliberately hit the garage door behind her parking space. c) Caused the destruction of a refrigerator by puncturing several times the freezer liner that a replacemnet refrigerator had to be supplied at a cost of $348.00. d) When her electrical service was disconnected by Northern States Power Company, persons'staying at her apartment removed a light fixture in the hallway of the apartment building and strung wires along the hall and into her apartment. e) After she moved out, that the condition of her apartment was such that all the carpeting had to be replaced, that cupboard doors had to be repaired. The cost of the cleaning and repair of the apartment amounted to $1,3001. Upon :review of the above allegations and a response by Deborah Radtke and/or her attorney, a decision shouldbe made whether sufficient grounds exist to terminate. Deborah Radtke's Section 8 Certificate of Family Participation for the City of Plymouth.. Plymouth ComM ssioners HRA- December RADecember20, 1979 Page 2 Staff suggests that the following proceedures he adopted to improve the management of the present Section 8 Program.- 1. rogram: 1. 2. Ever newly certified Section 8 renter be given the IMPORTANT NOTICE re nduct of Section 8 Renters at the time he/she signs a lease. See attachment When a Section 8 tenant has received an eviction notice from his/her landlord and after the Plymouth HRA has received a copy of this notice, the Plymouth HRA should mail a letter to the Section 8 tenant. (SeeattachmentB ) along with this letter, the HRA will include a ProceduresforReviewinnVw4e+i.nn Mn.*char le.- ,+#ft0k .ew• P %----.+ t formal a.ring yoprd" con pcised of two CitytyteyTandulbe -' of t• n nw• wetw q _4_ _ The. es a s ent o a hearing panel "comprised of three. Members, ie a HRA Cosmissioner, a human Rights Commissioner and a. 41 member of the Housing Rehabilitation Committee. Changes be made to the present Plymouth HRA Re ulations EstablishingAdmissionandOccupancyPoliciesforthePlymouthSectionaProgram -.- The following pages detail more specifically how the HRA',s present RegulationsEstablishingAdmissionandOccuancPoliciesmightbeexpandedtoprovide the legal mechanism to deal witn the abuse of the Section 8 Program here inPlymouth. Many of these changes follow closely the Metro HRH's own admissionsPolicyfortheirSection8Programand.it had worked quite well for them. Idobei;eve the important thing is to put the new Section 8 renter on notice immediately that certain conduct is not tolerated and such conduct may resultinthelossofhis/her certificate. Section I. Determination of Eligibility B. An applicant may be ineligible for participation in the CityofPlymouth's HRA Section -8 Existing Housing Program if, under a previous Plymouth HRA Assistance Payment Contract and lease: 1. The applicant was evicted for non-payment of his/her share of the rent, and -Plymouth HRA approved the eviction: 2. The owner is or was entitled to payment from the Plymouth HRA for vacancy loss or damage in excess of the security deposit pursuant to Sections 1.4 and 1.5 of the HousingAssistance. Payments. Contract,, or q4e,K, 4 1 F-lr9Ib;firy He& Plymouth Commissioners HRA December 20, 1979 Page 3 3. The applicant engaged in conduct at the leased premises which: a. resulted in physical injury to other tenants or other tenWI s guests, b. Ondangered the life, safety, and welfare of other tenants or other tenants' guests, or c. caused substantial and extraordinary damage to the leased premises or the property of other tenants or nn other tenants' guests on the leased premises. YV ap i w s r i u y e eothrstinroao as s i_ _ _ .• _ _ Section VII. INELIGIBLE. AND OVER -INCOME FAMILIES A. Applicants for Section 8 Rent Assistance The Plymouth HRA.staff shalt transmit a written notice to any applicant who is determined to be ineligible which specifies the reasons for the ineligibility and that the applicant may appeal .a determination of ineligibility pursuant to the yaWwoe procedures set forth I„ Section XIV of these procedures. B. Recipients of Section 8 Rent Assistance I. Notice of Ineligibility and Hearing to Tenant Upon a determination of ineligibility, the Plymouth HRA Staff shall transmit a written notice to any tenant receiving Section8rentassistanceandwhooccupiesaunitwithanownerwho receives payments from the Plymouth HRA pursuant to a housingassistancepaymentscontract.(HAP contract) which specifies: a. the reason for the tenant's ineligibility; b. that the: tenant -my, appeal a determination of inel igi- bility pursuant to the. lftprocedures specified in Section XIV aao4k2a-a prmeedt eepr df '1da,; o pt ur, k;orMV1 WAtit i leA StafA w • ;hc. that " hearingAwl I1 ld 20 days . ter ' the service of this HRA ineligibili e; ` e t a Pt o ce ri vi j yrto • PTymouth Commissioners HRA December 20, 1979 Page 4 2. Notice to owner Simultaneous with the transmittal of the tenant notice, the Plymouth HRA staff shall transmit a written notice to the owner, which specifies that the tenant has been determined to be ineligible, the date of the formal grievance hearing, and the date on which the assistancel and the housing assistance payment contract will terminate If an appeal is not successful. 3. Termination of Housing Assistance Payment Contract a. If the tenant does not attend the formal grievance hearing, the tenant's assistance shall terminate at the end of the: month in whioh the hearing is scheduled. If the tenant attends the formal grievance hearing,. his/her assistance shall continue at least until the end of the next full rent- al period following the transmittal of a formal grievance hearing decision specified in Section XIV.D.5 of these pro- cedures or until the termination date of the Housing Assis- tance Payments Contracts, whichever occures first. If the HAP contract terminates prior to a decision of the griev- ance hearing panel which finds the tenant to be eligible, then the tenant's Section 8 assistance shall be reinstated at the earliest possible date after the grievance hearingpaneldecision. If the grievance hearinn panel finds in favor of the tenant, the tenant's assistance sted.11 continue. b. The Plymouth HRA staff shall terminate a housing assistance payment contract with an owner on the date the tenant's assistance is terminated. If, at the time of re-examination or a special income and rent review the amount payable by the family toward the Gross Rent equals or exceed the Gross Rent for the unit it occupies, their eligibility for assistance shall be term- nated. This termination shall not affect the family's other rights under its Lease nor shall such termination preclude resumption of payment, as a result of subsequent changes in income or rents or other relevant circumstances during the term of the contract.. Section XIV. GRIEVANCE PROCEDURE A. Definitions 1. "Aggrieved person" means an applicant for or a tenant of the Plymouth HRA Section 8 rent assistance program or owner of Section 8 rental units who has a grievance. 2. "Grievance" means any claim by an aggrieved person that any action or failure to act by the Plymouth HRA adversely affects that person's rights, duties, obligations or status. i J Plymouth Commissioners HRA. December 20, 1979 Page 5 3. "Hearing Panel" means the three persons charged with making a formal grievance determination in regard to an aggrieved person's grievance:. D. General Any aggrieved person may present a grievance to the hearing panel pursuant to these procedures. C. Informal Grievance Discussion I. Any aggrieved person shall first present all grievances either orally or in:writing to the Plymouth HRA office for informal discussion with the Plymouth HRA staff, and,, in the discretion of the Plymouth HRA, with other necessary persons. 2.. The Plymouth HRA staff shall prepare a written summary of the informal grievance discussion and transmit the summary to the aggrieved person and other necessary persons. a. The names of the persons participating in the discussion (s); b. The dates of the discussion (s); C. The substance of the grievance; d. The Plymouth NRA staff determination with respect to the grievance; and e. The procedures the aggrieved person should follow if not satisfied with the Plymouth HRA. determination with respect to the grievance. D. Formal Grievance Hearing I. Hearing Request The: informal grievance discussion specified in Section XIV.0 is a .prerequisite to the request for a formal grievance hearing. Any aggrieved person who is not satisfied with the staff determination with respect to the informal grievance discussion may request a formai grievance hearing by submittingawrittenrequestforahearingtothePlymouthNRAwithIh thirty days after receipt of the informal HRA staff deter- mination. The formal grievance hearing request shall specify: a. reasons for thee grievance; and b. the action or relief sought of the Plymouth HRA. Plymouth Commissioners HRA December 20, 1979 Page 6 2. Notice of Formal Grievance Hearing Vithin 30 days after receipt of the bearinv request, the Plymouth MRA shall schedule and hold a. hearing and transmit a written hearing notice to the -aggrieved person and any other parties to the grievance dispute which specifies the time, date and place of the hearing and hearing procedure. 3. Hearing Panel All formal grievance hearings shall be conducted by a hearing panel which shall consist of the following three members: a. one member of the Plymouth HRA, appointed by the chairman of that commission. b. one member of the Plymouth Housing Rehabilitation Committee, apointed by the chairman of that committee; c. one member of the Plymouth Human Rights Commission appointed'by.'the chairman of that commission. 4. Hearing Procedures a.. All (rearing panel members shall attend the formal grievance hearing and participate in the hearing derision. The formal grievance hearing shall be conducted in accordance with fundamental procedural fairness, but shall be conducted informally. The aggrieved person or his/her representative shall first present any oral or documentary evidence relevant to the grievance, and then the Plymouth HRA staff shall present their evidence relevant to the grievance. Hearing panel members and parties to the grievance may then direct questions to the aggrieved person, Plymouth HRA staff, or any other parties to the grievance hearing. b. All evidence relevant to the facts and issues of the griev- ance may be received without regard to its admissability under Rules of Evidence applicable to judicial proceedings. c. All formal grievance hearings shall be taperecorded and conducted privately unless the aggrieved person requests a public hearing. S. Formal Grievance Hearing Decision a. If the aggrieved person or his/her representative fails to appear at the scheduled formal grievance hearing, the hearing panel mpy determine that the Plymouth Commissioners HRA December 20, 1979 Page 7 S. Formal Grievance Hearing Decision (con't.) a. aggrieved person has waived his/her right to a. hearing, and the panel may make a decision with regard to the grievance in the.absence of the aggrieved person or his/her representative, or the panel may postpone the hearing for up to ten days. b. Within la days following the formal grievance hearing., the panel shall transmit a written decision with respect to the grievance.to the aggrieved person and other parties to the grievance hearing. If the aggrieved person is under contract and the owner receives rent assistance., then the tenant's owner shall receive notice also. The decision shall specify: I)- the-tiare; date, and. -Place of the hearing; 2) persons present at the hearing; 3) a summary of the relevant oral and documentary evidence presented at the hearing; and 4) the reasons for the hearing panel's decision.. c. The hearing panel decision shall be binding upon the Plymouths HRA unless the Plymouth City Council determines that: 1) the grievance does not involve PlymoLth HRA action or failure to act which adversely affects the aggrieved person's rights, duties,. obligations or status under the Section 8 rent assistance program: 2) the decision of the hearinq panel is contrary to gpPlicable federal, state, or local law, HUD regulations or requirements of the annual con- tributions contract between HUD and the council. d. No decision by the hearing panel shall, in whole or in part, constitute a waiver bf any-Mght, the aggrieved person,.any other party to the grievance hearing, or the Plymouth H.RA may hove to any trial de novo or judicial proceeding arising from the matter in dispute. Other "house -keeping" type changes to Plymouth's Admissions and Occupancy Polices that staff suggests are the following sections: J Plymouth Co vissioners HRA December 20, 1979 Page 8 Section IV. Finders -Keepers Policy (to add the following): A holder of a certificate of family participation from one HRAintheMinneapolis - St. Paul Metro area who wishes to locatewithinthejurisdictionofainotherHRA, may receive a transfer certificate in accordance with the procedures for InterjurisdictionMobilityascontainedinAppendixAofthisdocument. Section VI. Re-examination (to add the following): D. Tenants are to be notified in writing of any change in rent resulting from a rent review. E. If tenant misrepresentations at the time of admissiotir annual re-examination, or rent review caused a family to pay lower tent than called for, such tenant will be required to pay thedifferencertweentherentpaidandwhashouldhave.been.pai-d. AM -At 0a r io Uspr or Gtu F. Increases in rent resulting from rent reviews are to be effectivethefirstofthemonthfollowingthechange. G. Decreases in rent resulting from rent reviews are to be effective the first of the first month following the change. Also staff is recommending that the following procedures for reviewing evictionnoticesbesentbothtothetenantandthelandlordwhentheHRAstaffreceives acopyoftheevictionnotice: See attachment C) Attachments A - Conduct of Section 8 Renters 0 - Letter to Section 8 Renter when evicted C - Procedures for Reviewing Eviction Notices MOKT A pe IMPORTANT ItOTICE Conduct of Section 8 Renters All Section 8 Rent Assistance tenants are to -be aware that they do have certain obligations in regards to their receiving rent assistance payments from the Plymouth Housing and Redevelopment Authority (NRA) as follows: 1. Every tenant is required to pay his/her portion of their rent prior to the 5th of each month such rent.i:s- due. Failure to do so may result In eviction and termination of their Section 8 Certificate of FamilyParticipation. 2. No tenant shall permit persons other than those persons listed on their Application for Tenant Eligibility 8 Recertification to live on the leased premises with them except with written permission of the landlord and consent of the Plymouth HRA. Short term guests may be exempt from this provision provided the landlord is notified and does give approval: 3. The tenant shall not engage in conduct at the leased premises which: a) results in serious physical injury to other tenants or other tenants guests. b) endangers the life, safety, and welfare of other tenants or other tenants' guests, or c) causes substantial and extraordinary damage to the leased premises or the property of other tenants or other tenants' guests on the leased premises. Pleae direct any comments or concerns you have to: Plymouth HRA 34.00 Plymouth Blvd. Plymouth, MN 5544.7 Present staff person involved with this Program is: Milt Dale, telephone 559-2800 12/21/79 Q c nt e 04' C'F' * % Dear Section 8 Renter: 0k6L^-f On (date) the Plymouth HRA received a notice of your proposed evictionfor If you believe the reasons) given by your landlord for your proposed evictionIsinsufficient, you must present you objections to the Plymouth NRA staff in writing or to person within 10 days or by . If you do have an objection, we will review your objections and t e g—r unds stated for your proposed eviction to determine if they are sufficient under the lease. The review, which may, include an informal hearing before. an ImPhrtihl board if you .so request, will be completed within 20 days of the date the landlord gavee you the notice of eviction. If you have any questions regarding this matter, please contact me at 559-2800 by . . Enclosed is an explanation of the Plymouth HRA eviction process. Sincerely, Nilt Dale Plymouth HRA 3W PLYMOUTH BOULEVARO. PLYMWTH, MINNESOTA WW% TELEP"ONE (612) 509M AttSdA M6Kt G PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY PROCEDURES FOR REVIEWING EVICTION NOTICES FOR SECTION 8 EXISTING HOUSING (RENT ASSISTANCE) PROGRAM 1. PURPOSE AND AUTHORITY The Housing Assistance Payment Contract between an 'wrier and the Plymouth HRA, the lease between a tenant and an cwter, and Federal Regulations at 24 CFR 882.215, require that the Plymouth HRA approve or disapprove a'proposed eviction of a Section 8 tenant from the owner's premises. These procedures are adopted pursuant to the above-described requirement and authority and shall govern the Plymouth HRA in approvin4 or disapprovino Section 8 evictions. These procedures shall not prohibit an owner from servino an unlawful detainer complaint and summons on a Section 8 tenant or using any other available legal remedies in accordance with state law. 2. An owner who intends to evic5 a Section 8 tenant shall submit a written eviction notice to the tenant at least one full rental period plus one day prior to the date on which the premises are to be vacated and shall simultaneously furnish a copy of this notice to the Plymouth HRA, except that a written eviction notice based on non-payment of rent need only be served on the tenant 20 days prior to the date on which the premises are to be vacated. The copy of the notice to be furnished to the Plymouth HRA shall be sent to the City Hall, 3400 Plymouth Blvd, Plymouth MN 55447. The eviction notice shall specify: a. The time and date on which the premises are to be vacated; b. The lease terms and convenants which have been breached; c. The actions of the tenant and grounds which have caused the alleged breach of the lease; and d. That the tenant has ten days to respond to the owner and the Plymouth HRA in writing or in person to present his/her oejections to the proposed eviction. 3. PLYMOUTH HRA'S NOTICE OF PROPOSED EVICTION TO TENANT After the Plymouth HRA receives a copy of the written notice that the owner serves on the tenant specifying the grounds for tht proposed eviction, the P1ymo-th HRA shall also send a written notice to the tenant concerning the proposed eviction and a copy of that Plymouth NRA tenant notice to the Owner. This written Plymouth HRA notice shall specify that: 2- a. The tenant shall respond in ten days to the Plymouth HRA if he/she objects to the proposed eviction;. b. The tenant's objections to the of the proposed eviction may be made in writing to the Plymouth HRA or the tenant may request an informal Plymouth HRA staff hearing to review his/her objections to the proposed.eviction; c. The date by which the. Plymouth HRA will .approve or ;disapprove the grounds for the proposed eviction (which date. shall be no'later,than twenty days after service of the owner's eviction notice on the tenant) . If no Objections to the eviction are received by the Plymouth HRA withinthe date specified, it is likely that. the Plymouth HRA will approve the eviction. 4. PLYMOUTH HRA a. Written Objections. If a tenant responds with written objections oo the -proposed eviction, Plymouth NRA will transmit a copy of the written objections to the owner, and any written information provided to the Plymouth HRA by either an ow;aer or tenant will be transmitted to the other party. If the tenant does not request an informal hearing, the Plymouth HRA will review the written objections and act on the written information presented by the owner and the tenant to approve or disapprove the proposed eviction without a hearing. If the tenant does not request a hearing or submit written objections to the proposed eviction by the date specified in the Plymouth HRA notice, no.hearing will he heldRb the Plymouth HRA.. b. Informal Hearing.. 1) If a tenant notifies Plymouth HRA prior to the date specified in the Plymouth HRA notice that he/she requests an informal Plymouth HRA staff hearing to review the grounds for the proposed eviction, Plymouth NRA shall send a written notice to both the owner and the tenant which specifies the date, time, and place of the informal hearing. The informal hearing shall be held within twenty (20) days following service of the owner's eviction notice on the tenant.. 2) At an -informal hearing, the tenant and owner may present any written cr oral evidence relevant to the proposed eviction. Equal opportunity for presentation of evidence shall be provided to both the owner and thetenant, and to the extent practicable, the owner shall go first with his/her presentation, The parties may ask questions of each other, and the persons conduction the hearing may ask questions of anyone present at the hearing. 5: 3 - This means that the owner should bring.to the hearing any caretakers, resident managers, and other tenants familiar with the grounds of the proposed eviction, and any written complaints, tenant warnings, etc. Likewise,the tenant may bring to the hearing any other tenants, friends, caretakers, or other persons familiar with tie grounds of the .proposed eviction, -..and any relevant evidence, such as letters from other tenants, rent receipts, and cancelled checks, letters from the owner, etc. At the hearing, the landlord will present hi:s/her facts relevant to the proposed eviction, and then the tenant will present his/hoer facts disputing the proposed eviction. 3) An informal hearing shall be conducted by at least three Plymouth City staff members: two City staff members, selected by the Plymouth NRA Executive Director, and one member of the City's legal staff. At the hearing, the City staff members may ask questions of either or both parties, and the owner and tenant may then ask questions of each other. PLYMOUTH HRA EVICTION -DECISION a.. No Tenant Response. If the Plymouth HRA receives no written objec- insto ' e proposed eviction or request for an informal hearing b., the date specified in the notice to the tenant and if the owner has presented sufficient grounds for the eviction, then the Plymouth HRA shall approve the eviction. b. Plymouth -HRA Decision. After reviewing any written response to proposed eviction and/or the evidence presented at an informal hearing, the City staff members conducting the review shall evaluate the material and evidence presented and recommend approval or disapproval of the proposed eviction to the Plymouth HRA Executive Director. The Plymouth HRA Executive Director shall then formally act to approve or disapprove the proposed eviction. c. Notice of Pl-v=uth HRA Decision. Following the Plymouth HRA Executive rec ors decision to approve or disapprove the proposed eviction, the owner and the tenant, and the notice of the decision shall state the reasons for approval or disapproval of the proposed action. Even if the .Plymouth HRA disapproves the proposed eviction,.the owner` may still pursue a court .proceeding to carry out the proposed eviction. If the Plymouth HRA disapproves the proposed eviction, the tenant may .remain eligible to participate in the Plymouth HRA Section 8 rent assistance program. If the Plymouth HRA approves the eviction, the tenant may be found to be ineligible for participation in the Plymouth HRA Section 8 existing hous gram as provided in the P,r-wuth HRA Procedures Governing Admission to Section 8 Rent Assistance Program, Section II, B. However, the tenant 4-P, does not Automatically become ineligible for the Section 8 rent assistance program if the Plymouth HRA,appruves the eviction. These procedures provide that a. tenant will be found to be ineligible, if the ilymouth HRA determines that: The applicant was evicted for non-payment of rent, and the Plymouth HRA approved: the eviction; b) The owner is entitled to payment from the Plymouth HRA for vacancy loss or damage in excess of the security deposit pursuant to Sections L4 and 1:S of the Housing Assistance Payments Contract; or c) The applicant engaged in conduct at the leased premises which: 1) resulted in serious physical injury to other tenants or other tenants guests, 2) endangered the lire, safety, and welfare of other tenants or other tinants' guests, or 3) caused substantial and extraordinary damage to the leased premises or the property of other tenants or other tenants' guests on the leased premises. If the tenant is determined to be ineligible, pursuant to the above-described prrcedures, the tenant may appeal the Plymouth HRA's decision of ineligibility by following the Plymouth HRA's Grievance Procedures. These -Grievance Procedures are found in another written document which may be obtained from the Plymouth NRA office. CITY OF' PLYMOUT+ October 26, 1979 Karen Johnson Property Manager The Place Apartments 3925 Lancaster Lane Plymouth, Minnesota 55441 Dear Karen: In regards to your letter dated October 17, 1979, it is my opinion that the only way that rent adjustments could be made for the parties that you have listed in your letter ie James Palmer, William Buckley, Joseph Gonsorowski, Alyson Forseth, Jim Simpkins, Delores Davis and Connie Kruse.wouid be to make rent adjustments in their upcoming leases. This could be done by factoring in a rent amount that would equal the average rent for a one year period, this would require anticipating rent increases for the upcoming year. Otherwise we can attempt to adjust their new leases by increasing their rent so that on the average it would make up for the difference loss due to the one year lease. At this time, I know of no other way that we can make any rental adjustment. Please get in touch with me if you have any other suggestions regarding this matter. Sincerely, Milt Dale Plymouth HRA MD: dm 3400 PLYMOUTH. BOULEVARD, PLYMOUTH, MINNESOTA 55441, TELEPHONE (612) 559.2800 CITYOF PLYMOUTFF October 30, 1979 Fred,Clarkk 1.612.5 - 4th Avenue North Plymouth, Minnesota 55391 Dear Fred: Enclosed I have some material that relates to the Community Development Block Grant program and the Citizens Advisor Committee as per our discussion today. The material stapled together labeled indicates indicates the Committee's recommendation to the City Council for how the. Block rant money should be spent in Plymouth. Incidentall,y Plymouth is located within. Planning Area -Three) Those materials under relates to the City Council's action after they had received the Planning Area Committee's recommendation. As you can see, the City Council Mowed the committee's recommendation. The last page of the material labeled is titled Target Allocation and I have indicated with a yellow marking pen those communities that are on the committee with Plymouth. Last year's committee member, Mark Eckes, may be reached at 545-6168. Should you have any specific questions about how the committee functions, I am sure he will be very helpful. MD: dm Encl. Sincerely, A p Milt Dale Plymouth NRA 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55441, TELEPHONE (612; 559.2800 LAW OFFICES FAM 11% r 111111'C loin Ba111?. Cal6alar A \e: ne+ur J. %ld" U VKIPRZSMVM Lobttl:Gsleeer verve.& Mad TWASMO Vosse7d Wo dela UGAL AID SOCIETY OF MWNL4mLL% b4c. DOWNTOWN OFFICE 222 GRAIN EXCHANGE NUILDING 3" FO171T11 AV 1iRVE WITII 14 INNEAVO US, M INNMTA *VIS 612J U M111 November 1, 1979 q 1\ 1(:1\(: 11. I IMM -1 ift.111NIVi 1111BM% Liam %. Wimin 1140\1:1• Ann. % tlan..b hiel11 Iluro. Sinn L C'amill CaM $ cawfk fl K.AMeen \I. lkno,- NicA.p-I R. Fdmltwe I. indi J I iallr:u QntLer L Ln%oL Kalbbwn 11 \ K.mn bobalJ. N,d1. It(i l. 1 N 1 1\1 Mr. Milton Dale 1lrft mmm) Ctirri Plymouth housing Authority 3400 Niagara Lane Plymouth, MN 55441 - Re: Deborah Radtke, & termination of 18 Certificate of F slily Participation Dear Mr. Dale: I have received confirmation from my client, Deborah: Radtke, that she has received notice of your terminatior of her Certificate of Family Participation in the §8 Uisting housing Program effective November 1, 1979. I am writing to request the immediate reinstate- ment of Ms. Radtke's Certificate upon the following grounds: 1. Ms. Radtke has not been afforded the oppor- tunity for a hearing on the issue of whether good cause exists for the revocation of her certificate, nor has she received adequate notice of the precise reasons for the termination. The §8 Certificate issued to tis. Radtke, and to the class of people in similar circ-Amstances, is a property interest which cannot be taker. without due process of law. Due process of law is a procedural protection and must be guaranteed. This fundamental requirement of due process at minimum requires adequate advance notice and an.opportunity to be heard. 2. The reason you gw,e for the termination of this Certificate in our telephone conversation of The Law Wks d0o Leel Ale Soddy of MW=polu srrprnd Cesaal Mieaoota Leel Saxton JUS(IC a Milton Dale Nov. 1 P. 2 October 1.6 was failure to pay rent, or to pay rent. on time. It is the opinion of this .office. that that is not an adequate ground for termination of a Certi ficate of Family Participation,. even though it may in some cases be grounds for termLnation of a tenant's lease by the landlord. I would appreciate your prompt response to this request. Ms. Radtke is unable to afford housing for herself acid her child on the private market and, until her Certificate is reinstated, will be forced to live with friends or relatives. AB: kc cc: Thomas Feeney Deborah Radtke Very truly yours, LEGAL AID SOCIETY, INC. Ann V. Bartsch Attorney at Law CLAYTON L. LareVCRC 4190191011 P. Lt/Len Cuomo A.IiAPAGIN J O[NN1.! O aRItN Jp.NN i 4RAW1 6Av10 J.11611N.COM J0.9416 a OCAN a L90680c. PYOOLIC JAl169 0. LAB;ON C04ANLCS L LtRCV[RC NCONZAT R, L.CFLCR M JC/IR[Y J.STRANO JA16C5 P 1OOCANA MARY J. aJORK&UNO T9401AAS O CRCIONTON LAW OPPICC5 LeFEVERE. LEFLER, PEARSON, O 6RIEN 6 DRAWZ 1100 I'FRBT NATIONAL .AN11 .UIL01Na MINNEAPOLIS. MINNCSOTA 55402 November 6, 1979 Mr. Milton. Dale Plymouth NRA City of Plymouth 3404 Plymouth Boulevard. Plymouth, Minnesota 55441 In re: Dear Mr. Dale: Deborah Radtke TCL9P•10NC 612} 337-0547 I have your letter of November 5, 1979 with respect to the termination of the Certificate of Family Participation of Deborah. Radtke. Attached to the letter was a letter from attorney Ann V. Bartsch of the Legal Aid Society protesting the termination of the Certificate on the grounds that she has had no pre -termination hearing. As I advised you by telephone earlier this afternoon, I have researched the matter and enclose for your review and files a copy of the case of Goldberg vs. Kelly decided March 23, 1970 by the United States Supreme Court in 397 U.S. 254. It is clear beyond doubt that this case establishes the .right of a holder of a Certificate of Family Participation to a pre- termination hearing before an independent hearing officer before a Certificate of Family Participation can be terminated. I therefore recommend to you that you restore the Certificate of Family Participation to Ms. Radtke andthat thereafter if you feel that a termination is in order that we consult with respect to the procedures which we must take under the law to afford her the hearing required. I am advised by her attorney at the Legal Aid Society that she may be reached by addressing a letter in care of Ann V. Bartsch, Attorney at Law, Legal Aid Society of Minneapolis, Inc. Yours very ruly, Retbe'rt''F'. Le ler HPL:nj enclosure ivo CITY COY PLT 1' TNovemberG,. 1979 OUR Phil Katzung Metro Housing 8 Redevelopment Authority Director Metropolitan Council 300 Metro Square Building St. Paul. MN 55101 Dear Phil: Within the last month we have had two certificate holders in our Section 8 Rent Assistance Pro#ram whose cdrtificates were terminated by our authority inasmuch as they did not rent their apartment in a. responsible manner. In both cases, rents were not paid on time and the apartment managers evicted. these Section 8 renters. In discussing this matter with our Housing Authority in. Plymouth, the Housing Authority Commissioners directed me to inform the Metro Housing Authority and HUD regarding this situation. As you know, at. present, we have no mechanism to determine which renters on our Section 8 Program prove to be irresponsible. When rents are not paid on time or an apartment. is left in a damaged condition the entire Section 8 Rent Assistance Program suffers.. Allowing these renters to continue on Section 8 Programs in other communities merely perpetuates the problem and does not create an attitude of responsibility by the offending Section 8 renter.. How these irresponsible Section 8 renters may be prevented from continuing to go from community to community is a problem. that our housing authority seeks to address. We would like to take this small step of informing you of these irresponsible Section 8 renters so that a list can be generated and communities within the Twin Cities Metropolitan area will be aware of which renters on the Section 8 Program are operating in an irresponsible fashion. Should you have any comments or additional thoughts on this matter, I would be interested in gaining. your input. Attached is a list of the two renters in Plymouth whose Section 8 rent certificates were terminated due to irresponsible behavior on their part. Sincerely, Milt Dale Plymouth HRA. Attachment (1) MD/ba 3400 PLYMOUTM BOULEVARD, PLYMOUTM, MINNESOTA 55441, TELEPMONE (612) 559-28W 4 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MINNEAPOLIS -ST. PAUL AREA OFFICE. 6400 FRANCE AVENUE SOUTH MINNEAPOLIS. MINNESOTA SS4X REGION V November 6, 1979 lft. Kilt Dale, Associate Planner Housing and Iaedetielop:oent Authority of Plymouth. 3025 HBrbos law Plymouth, ninmesota. 55441 Dear Mr. Dale: Sect: Request for Section 6 Year End Financial Statements IN 09Plt RCFGA TW HNN:DC The year end financial statements listed below for the. Section 8 Programa have not been received by our office and are over due for the following fiscal years - June 30, 1978. and J1ne 30, 1979. HaD 52681 - Voucher for Payment of Annual contributions Original - Regional Aocount:ing Division Copy - Area Office HUD 52682 - Operating Statement,, housing Assistance Payments Program Original - Office of Finance and Amounting Copies - Regional Accounting Division and Area Office HUD 52595 - Balance Sheet - u w Irncome housing Program Original - Office of Finance and Accounting Copies - Regional Aoeounting Division and Area Office the reports are to be submitted not later than 20 days after the end of the fiscal year. If Lim 23 an the HM 52681 indicates that an over- payment is due EM, tine v=LL's3u=It is to be submitted with the 52681 to Division. Regional Acoomting Divisio. Refer, to the hosing Assistance. Payments Program Accounting Handbook 7420.6 dated 2/9/78 for additional fnforvaation regarding the submissim of these forme. Please submit the reports to our office within the next 30 days. 7he forms are enclosed for your =i nience. Sincerely, i T. Feeney Area. Manager ft DEPARTAIMOF HOUSING AND URBAN OEVEiOPMENT MINNEAPOL184rr. PAUL AREA OFFICE OW FRANCE AVENUE SOUTH MINNEAPOLIS. MINNESOTA SO= REGION V NOV 6 1979 Mr. !Silt Dale Plymouth Housing Authority 3400 Plymouth Boulevard Plymouth, HN 55441 Dear Mr. Dale: Subject: Section 11(b) Financing IN REPLr R91r6R 'toe MCI scs I am responding to your letter of October 18, 1979, relating to a proposed townhouse development utilising Section 11011b) financing. Regulations implementing this program are enclosed. The "Highlights" submitted by the developer should be disregarded to the extent they contradict the regulations. In particular you should note that the Housing Authority must agree to administer the contract pursuant to an ACC with HUD (Section 81L.103(b)). The adverse opinion of the OMB with respect to 11(b) financing does not affect the availability or mechanics of this type of financing. Dominium has served as the developer of 11(b) projects in Faribault, Sibley County and Crosby. Domiuium has also developed several projects for the Minnesota Housing Finance Agency. You may wish to discuss Dominium's track record with these sources. If you have any specific questions, I would be happy to discuss them with you. Sincer.ly, M Dick Buddingh Area Counsel Enclosure tlnents Contract as defined In the ap- pUmble Section 8 regulations. The orm of .agreement for Prole -CM fi- nanced with tax-exempt obligations shall ba emended In accordance with M6 aubtart. d) Annual CbAtributinns Contract MCC'. An Annual Contributions Can - tract as defined in the applicable See Uou 'I r,gul.ationa. The form of ACC fee pro*.ts finjAced with t8x•e'N#4npt ob4.;rg1:)n3 sh311 be amended in ac- cordatna w2vt this subpart e) Avviicable Section 8 Regu!at(ons. The Proc4g(on3 of 24 CFR Parti 8„"0. 881. or C33 that apply to the project. f) Capitalised Interest During Con- atruction. The amount necessary for debt service payments on the perma- nent obligations.1.__38 anticipated in- vestment Income. during the anticipat- ed escrow period. s) Contract. A Housing Assistance Payments Contract as defined In the applicable Section 8 regulations. The form of contract for projects financed with tax-euempt obligations shall be amended in accordance with this sub- part h) Cast of Issuance. Ordinary. mea easary. and reasonable costa in conrer- t:on c(t.1 flan imuance of obllrstions. These casts scull include attorney fc.s. rating agency fees. trustee fees. r:..t.nig costs. bond cowvel fees. feasi- bility studies (for non -FILA -Inured proj,e!a only), comult;=t fees and otiter IL*s or expense's approved by 3[;:D. RULES AND REGULATIONS Ing project Pursuant to Section 318(b) of the Housing and Community Devel- opment Act of 1974. the term obligar tl::n3 shall not include any obligation secured by a mortgage Insured under SeA tion 231(d)(3) of the National Ilousins Act and Wued by a public agency as mortgagor in connection with the f(nan01, of a project assist- ed under Section 8 of the Act This ex- cluatoa does not apply to a public agency as mortmee. o) Owner. An owner as defined in the applicable Section 8 regulations. p) Parent Entity PH.! Any, state. county. municipality or other govern- mental entity or pubic body that is aw.hortzed to engage to or assist In the development or operation of low- income housing and that has the rela- tionship to an agency or Instrumental- ity YHA requVed by this subpart. q) Public Housing Agency (PHA). Any state, county, municlpaltty. or other government entity or public body (or agency or Instrumentality thereof) that Is authorized to engage in or assist to the development or op. eratton of low-income housing. r) Servicing Fees. The annual costs of servicing the obligations (Including coy debt service reserve), including trustee fees. mortgage penicins fees, PHA expenses in connection with 1) Debt Service Reserve. A fund wal.ntnined by the trustee as a supple- n:ertal source of money for the pay- ment of dent service on the oblEga- tlons. j) D?w e.: iopment Cost. Ordinary. nec- eary. and reasonable costs for plan- ning. land acquisition, demolition, con- struction or rehabilitation, equipment. and othor items necessary for the de- velopment or acquisition of a low- incotne housing project. costs of the Interim financleg and inspections. k) Flnaecing Agency. The PHA parent entity PHA or agency or In. strumentality PICA) that issues the tax-exempt obligations for financing of the project. 1) HUD. The Department of Hous - Ing and Organ Development. m) Loto-income Housing Pr4fecL flousin3 for families and .persons of lower Income developed. acquired or assisted by a PRA under Section 8 of the Act and the improvemer_t of any such housing. a) Obligation: Bun.d3, notes or other evidence of indebtedness that are L.-ued to protdd+ interim or perci4- nent fine.ncing of a lox -income hous- ernuat rpvIews. maintenance of boors and accounts, audit expenses, agent f -I" and other costs of servicing the ob:laat(ons. s) TriLA Indentum A contract set- tt113 forth the rights and obligations of the issuer. bondholders. owner sad trustee in connection with the tax- exempt obligations. The trust Inden- ture may also Lic:ude provisions re- garding the loan to the owner or these may be set forth in a separate mort- gage. t) Trustee. The entity that has legal responsibility under the trust inden- ture for disposition of the proceeds of a bond issuance and servicing of the debt represented by the obligationL The trustee must be a bank or other financial institution that L4 legally Qualified and experienced In perform- ing fiduciary responsibilities with re- spect to the care and Investment of funds of a magnitude comparable to those involved in the financing. u) Yield. That percentage rate at which the present worth of all pay ments of principal and interest to be paid on the obligations is equal to the purchase price. 811.103 General. a) In order for obligations to be tax- exempt under t:pus iubpart the obt;g tight; must be '.a-ued by a P1IA In con - 12361 nection with a low-income dousing project approved by HiD under the Act and the appllcabIO Section 8 regu- lations. 1) Except as needed for a resident manager or etmilar requirement. all dwell ngx untta in a tow -income housing project that i- to be financed with ob- ligaUons Issued pursuant to this 311+10 - part must be Section 8 contract. units. 2) A tow -income h.ou3bW project that is to be financed with obligations Weed pursuant to this subpart may Include necessary appurtenances. Such appurtenances ms,Y include comme-t- cal space not to exceed 107o of the coral net rentame area. b) Where the parent entity PICA is not the owner of the project. the parent entity PHA or other YHA ap- provable unser 1811.104 must agree to administer the contract pursuant to an ACC with BID. and such a PHA must agree that in the event there is a default under the contract It will pursue Ali available remedies to achieve correction of the default, in- cluding operation and possesstcn of the project. I called upon by SLID to do so. If the field office finds that the PHA does not have the capacity to perform these functions. the Assistant Secretary for Housing may approve al- ternative contractual arransaments for perforating these functions. -• 4 311.101 Approval or Mile Housing Agencies (other than Agency or Instru- nientality Pt.1.1S). ax l) An application to the field office for approval as a Public Housing Agency. other than an agency or In- strumentality PHA• for purposes of this subpart shall be supported by evt- dence satisfactory to HUD to establish that: U The applicant is a PKA as defined in this subpart. and has the legal au- thority to meet the requirements of this subpart and applicable Section 8 regulations. as described In its applica- tion. This evidence shall be supported by the opinlon of counsel for :he ap- plicant. Ii) The applicant has or will have the administrative capability to carry out the responsibiliUfts described in its application 2) The evidence shall include any factsor documents relevant to the de- terminations required by E811.104(a)(1). Including identification of a 3 :pending application the appli- cant has submitted under the Act. In the absence of evidence indicating the applicant may not be qualified. the field office may accept as satisfactory evidence: 1) Identiticatlon of any previous HUD approval of the applicant as a PHA pursuant W this 1811.104' 3) ld mtUirstion of arty prior ACC with the applicant under the Act; or MUM RE01,1112, VOL 44, HO. 43 --TUESDAY, MA1C14 4 1979 c Nov 0 61979 ti DEC 1979 av Co C4 of Flim" y M/ f , HM:DC Mr. Mt We, ASebc.iabe. • Planners ilotW3i g and. Redevelop .'I Authority of Plymouth X025 va xam-' Plymotb, HbMsota 55441 Deg= 'Mt. Male: eject: kequeat for Section 8 Year End Financial StaIts The Year end financial x I 1 1 1 listed below for the Section 8 Ptogram have not been re eLved by aur office and are giver due for the following fi=3 years - June 30, 1978 and June 30, 1979. SM 52681 - Umcherc for Payment of Aimual Dontribations Gdainal - Regional Accaaithbg DLVLS:u n copy - Area office RM 52682 - Operating Slatw=t, t owing Assistance Payments Ptapto Codginal - Office of Finance andMWM Copies - Regional a000:mting WAsian and Area Office M 52595 - Balarme Sheet - Low I wcm. R=iM PtuA mn Original - Office of Finance and A000caiting oopdes - Regional Accounting Divisim arid. Area office. The rise mrN are to be submitted not later than 20 days after the end of the fiscal. years. If Une 23 an the H D 52681 3nclioates that an over- paymeett is due NWr the onrerpayat is to be subsitbed with the 52681 to the Regional Aaoaaitiaq. MvisLmt. Defer:. to -the RousingAsS3sterm .•... Payment9 foProgramAooaatirtqNJA. r mar 7420.6 dated 2/9/18 r additional infam#Ionregarc+di:ig the of these forte. . I Please mndt-the-se yp a.ttB- tio/-•r offy3 ro e within the next .30 days. 4fie_ - l - r w-i11i enclose iW •'• mW..iiilo\/• ; +. _. .. .+.-.. w• ± MSS. Sinoercely, ac: _ .- •_ - ._ b ._ rt 11 Section 8 Budget File EPP Reader • 9 >? reyNNW" 6HMK:[,:i dc:11-5-79gT. Area Manage c Bwaosume ate d91A:IAIi 1 11 Mr. Milton Dale Assistant Planner City of Plymouth. 3400 Plymouth Boulevard Plymouth, Minnesota 55441 Re: Lot 1, Block 3, Plymouth Plaza 4th. Addition Dear Milt: I am enclosing a copy of the 1979 real estate tax statement for the above property, According to this statement the owner of the property located at Wt 1, Block 3, Plymouth Plaza. 4th Addition is Plymouth Plaza Associates which is located at 315 Peavey Building, Minneapolis, Minnesota 55402. I hope this is helpful to you. Yours yprly e P. HPI,: n enclosure truly, Le f ler I I I LAW OrrIC&S LcFEVERE. LEFLER., PEARSON:.O'BRIEN 6 DRAWZ 1106 r#08? NAr10NAL. SANK Sullomo CLArroN.l. Lsr[VCR[ NCROCRT A 1.9FL911 MINNEAPOLIS. MINNESOTA 65402 TCLCPHONC CU4718 A PlARSON 4618) 333-0543 J.06NNIS O'SRI[N JOHN [ ORAWZ O J. "`""CQy November 6 1979 OL.aNN C. ruooud n• +4 JANCS O• LARCON F CMAAL.CS L. LC/CVCRC MCRSCPT P. LCFLiA Iff JCPrRCY J STRArO 4 II ' +. JAN[6 I, O MCARA i .. . MARY J. SJORPMUNO ZgOMAs b.CR[IONTOM Mr. Milton Dale Assistant Planner City of Plymouth. 3400 Plymouth Boulevard Plymouth, Minnesota 55441 Re: Lot 1, Block 3, Plymouth Plaza 4th. Addition Dear Milt: I am enclosing a copy of the 1979 real estate tax statement for the above property, According to this statement the owner of the property located at Wt 1, Block 3, Plymouth Plaza. 4th Addition is Plymouth Plaza Associates which is located at 315 Peavey Building, Minneapolis, Minnesota 55402. I hope this is helpful to you. Yours yprly e P. HPI,: n enclosure truly, Le f ler I I I cmroF PIYMOUTI+ November S. 1979 Deborah Radtke c/o Ann Bartsch Legal Aid Society of Minneapolis, Inc. 222 Crain Exch nge Bull dim. 323 Fourth Avenue South. Minneapolis, WOOS Dear Deborah: This letter is to inform you that as of this date your Section 8 Certificate of Family Participation has been restored to you until such time as a pre -termination hearing is held. This hearing will be held as quickly as possible to determine whether there are just grounds to terminate your certificate. I will be informing you as soon as I know when the hearing will be held.. Sincerely, Milt Dale Plymouth HRA 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55441. TELEPHONE (812) 5592800 a* DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT t MINNEAFOLIS.ST. PAUL AREA OFFICE 6400 FRANCEAVENUE.SOI N hUNNEAPOLiS. MINNESOTA 65485 REGION V November 26, 1979 IN ftaOLV Rtraft TO% 5.6HMAsCT Ir• lv Milt Dale, Associate Planner mo'lg Housing and Redevelopment Authority w 3400 Plymouth Boulevard '! Plymouth, Minnesota 55441e ll10 6$ Dear Mr. Dales Our records indicate that we are not receiving your Section 8 Housing Assistance Payments Program.Report on Program Utilization for Existing Housing,. Form HUD 52683, on a regular monthly basis. Two completed copies of this report. are to be submitted to the HUD Area Office before the tenth of each month. This report. is a requirement for operation of your program. Failure to submit the report on a regular basis is considered a.management deficiency. Please review your records beginning with October 1979 and submit. any missing reports no later than December 10, 1979. If you have any questions, please contact Jaime Lair at (612)725-4828. Thank you for your cooperation in this matter. Sincerely, Lic homas T. Feeney Area Manager t 82014.0 v DEPARTMENT OF MOLMNO AND URBAN DEVELOWENT MiNNEAFOUS—ST, PAUL AREA OFFICE 6100 FRANCE AVENUESOUT14 MINNEAPOLIS. MINNESOTA 5W5 December 18, 1979 Mr. Milt Date, Associate Planner Housing and Redevelopment Authority of Plymouth 3400 Plymouth .Boulevard Plymouth, Minnesota 55441 Dear Mr. Dale: Subject: Second Request for Section 8 Year End. Financial Statements. s DEC 1#79 44 Z1- iw IMPLY "swan To* HMA.:DC On November 6, 1979, we requested that the year end financial statements for the fis^_al years which ended June 30, 1978 and 1979 be submitted.to our office. The thirty day submission period stated to the letter has expired and no reports have been received.by our office. Please refer to our letter of November 6, 1979 regarding the specific required forms for each year's overdue reports which were enclosed with the letter referenced above. Submission of required reports is an essential element of the administration.of the Section 8 program. This area of responsibility should not be overlooked. Please submit these reports to our office within the next 20 calendar days. We will appreciate your actions to correct this problem to avoid a further delay In the submiasion of these reports and the reports required in the future. Sincerely, eat -,,a ir%+1..• omas T. Feeney Area Manager L KSGION V DEPAR IT of 1 oumNa AND vRem DE1/6i.opmw MIWAAPfti$- V. PAUL AREA OFFICE 640 FRANCE AVENUE SOVTN NINNEAFO.IS, MINNESOTA OUX J'anuatiy T, 1980 W Napt v Fargo vat HMA: NB Mr. John Spaetb, Chairman Housing and Redevelopment Authority of P1yawath. 3400 Plyaouth Boulevard Plymouth, Minnesota 55441 Dear Lir. Spaeth: Subject; Clearance of Section 8 Rxisting HAP Program Management Review Findings We have reviewed actions taken by the Authority to correct findings and implement. recommendations following our manage- ment review. All findings are hereby cleared. Sincerely, riZema as T. Feeney, Manager