HomeMy WebLinkAboutHousing & Redevelopment Authority Resolution 10HOUSING AND REDEVELOPMENT AUTHORITY
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a Regular meeting of
the Housing and Redevelopment Authority of Plymouth, Minnesota was held on
the _ h day of December 19_L6. The following members were
present:
The following members were absent: Chairman Hilde
Commiss ne Sr& -c t introduced the following Resolution and
moved its adoption:
Housing and Redevelopment Authority Resolution #10
ADOPTING A LEASING AND OCCUPANCY POLICY FOR 50 UNITS OF SECTION 8 HOUSING FOR THE
PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY
WHEREAS, the Housing and Redevelopment Authority of the City of Plyiflo+!th has made .
application for 50 units of Section 8 Existing Housing for the purpose of providing
low and moderate income persons with suitable housing; and
WHEREAS, the HUU Local Area Office hes tentatively approved the Plymouth Housing
and Redevelopment Authority Section 8 application; and
WHEREAS, one requirement for fulfilling the HUD administrative and statutory
requirements is the adoption o` a Leasing and Occupancy Policy for the local
Section 8 program;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLYMOUTH HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF PLYMOUTH, MINNESOTA that the City of Plymouth's Housing
and Redevelopment Authority Staff administer the local.Section 8 program consistent
with the Leasing and Occupancy Policy as attached hereto.
The motion for the adoption of the
Commissioner 0gilA
following vote n favor thereo
Seibold and Spaeth
foregoing Resolution was duly seconded by
and upon vote being taken thereon, the
Acting Chairman Hunt- rQMj3jWnnersfle7_
Whereupon the Resolution was declared duly pas
n •
Housing
Section 8
PL1lMM HOUSING & ,IEDEVEIDPHIff AUnI01111Y
REGUINHONS ESTABLIS14ING ADMISSION & OCCUPANCY P01jCIES
TABLE OF CO TENTS
Part I Determination of Eligibility . . . . . . . . Page(s) 1.-4
Part II Selection of Families . . . . . . . . . . . Page(s) 4-5
Part III Schedule of Gross Family Contributions . . . Page(s) 5-6
Part IV Finders -Keepers" Policy . . . . . . . . . . Page 6
Part V Lease Approval . . . . . . . . . . . . . . . Page 6
Part VI Re-examination . . . . . . . . . . . . . . . Page(s) 6-7
Part VII Ineligible and Over -Income Families. . . . . Page 7
Part VIII Verification of Applicants' Statement: and
Income . . . . . . . . . . . . . . . . . . . 1'age(s) 7-8
Part IX Occupancy Standards . . . . . . . . . . . . . Page 8
Part X Misrepresentations . . . . . . . . . . . . . Page 9
Part XI Review and Amendment of Policies . . . . . . Page 9
Part XII Utility Allowance Schedule . . . . . . . . . Page 9
Part XIII Fair Market Rents for Plymouth Page 9
0 Revised .7-6-78
I. DETERMINATION OF ELIGIBILITY. To be eligible for admission an applicant must •
meet t e- following requirements:
A. The applicant must qualify as a family. A family consists of:
1. two or more persons who have a family -type relationship, or
2. a single person who is:
a. eligible, by age, to receive an old age benefit under Title II of
the Social Security Act, or
b. handicapped within the meaning of Section 202 of the Housing Act
of 1959, or
c. displaced by urban renewal or other governmental action, or
d. disabled within the meaning of Section. 223 of the Social Security
Act.
A handicapped person is one who has a physical impairment which:
a. is expected to be of long -continued and indefinite duration,
b. is of such a nature that such ability could be improved by more
suitable housing conditions,
c. substantially impedes his (her) ability to live independently. •
A disabled person is one that has an inability to engage in any substantial.
gainful activity by reason of any medically determinable physical or mental
impairment which can be expected to result in death or which has lasted or which
can be expected to last for a continuous period of not less than twelve months.
B. Income Requirements. To be financially eligible, the applicant family must
provr, e adequate evidence showing that their income for the twelve month
period following occupancy is not anticipated to exceed the income limits for
eligibility. Anticipated income will be derived by reviewing reported income
for the previous twelve months and estimated income for the next twelve months,
and by making adjustments for unusual or temporary income which will not he
forthcoming during the next twelve month period. (This income requirement
does not apply, however, to applicants who have been making a direct transfer).
In a4dition, the family's gross rent, as computed according .o Section III
of this policy, must be less than the Fair Market Rent for the unit established
for the PHA's jurisdiction by HUD to be eligible for assistance (See Section
XIII for the applicable Fair Market Rents.)
Low Income Family. A family whose income. does not exceed 80% of the median
income for the area determined by HUD.
1-
n
LJ
L
very low Income Fa 'l •
heAafa
as
whose
determineincome
does not exceed 50% of
the me xan 3 tiicamie or t
For purposes of determining whetherfamily
lower income family
or a very law income family, income shall. be determined iaccordance
with the ,O)Mputation of Annual Income," except where a family has net
assets in excess of $5,000, income shall include the actual amount of
ince, if any, derived from all of the net family assets or 10% of the
value of all such assets, whichever is greater.
Nu. of Lower -Income
Fami ly
Very Low
Income Tamil
per. ong
INCOME LIMITS One
Two
11,750
13,450
7,350
8,400
Three 15,100 9,450
Four 16,800 10,500
Five 17,850 11,350
Six 18,900 12,200
g nutation of Annual Income.
1. Except as provided in paragraphh 2 of this section, all payments from
g
all sources received by thenamity head (even if temporarily
otaa minor
bsent)
and each additional member p minor is definedbeincludedintheannual. income of a family.
as a member of the household (excluding
under
18ster
years of age
time
full-
than
the family head or spouse,
time student. Income shall include but not be limited to:
a. the gross amount, before any payroll deductions, of wages and
salaries, overtime pay, commissions, fees, tips and bonuses;
b. the net income from operation of a business or profession or
from rental of real or personal property (for this purpose,
expenditures for business expansion or amortization of capitalindebtednessshallnotbedeductedtodeterminethenet ;income
from a business);
c. interest and dividends; is received from Social Security,
d. the full amount of periodic paymen
annuities, insurance policies, retirement funds, pensions, disability
or death benefits and other similar types of periodic receipts; ty
e, payments in lieu of earnings, such
sat
onsarde
severance pay (refer to 2c);
compensation, Workmen's Compen nt includes an amun
f. public assistance. If the public assistance payment
specifically designated for shelter and utilities which is subject toadjustmertbythepublicassistanceagencyinaccordancewiththe
actual cost of shelter and utilities, the amount of public assistance
income to be included as income shall consist of:
1) the amount of the allowance or grant exclusive of, the amount
specifically designated for shelter and utilities, plus
2) the maxim= amount which the public assistance agency could
in fact allow for the family for shelter and utilities;
2-
Veg Low Income I=amid. A family whose income does not exceed SO% of
the median Income tor the area as determined by IIUD.
For purposes of determining whether a family is a lower. .income family
or a very low income family, income shall be determined in accordance
with the "Computation of Annual Income," except where a family !;3s net
assets in excess of $5,000, income shall include the actual. amount of
income, if any, derived from all of the net family assets or 10% of the
value of all such assets, whichever is greater.
No. of Lower -Income Very Low
Persons Family Income Family
INCOME LIMITS One $ 10,850 $ 6800
Two 12,400 7750
lhree 139950 8750
Four 15,500 9700
Five 16,500 10,500
Six 17,450 11,250
Con:2utation of Annual Income.
1. Except as provided in paragraph 2 of this section, all payments from
all sources received by the family head (even if temporarily absent)
id each additional member of the family household who is not a minor
shall. be included in the annual income of a family. A minor is defined
as a member of the household (excluding foster children), other than
the fainily head or spouse, who is under 18 years of age or is a ful.l.-
tim student. Income shall include but not be limited to:
a. the gross amount, before any payroll deductions, of wages and
salaries, overtime pay, commissions, fees, tips and bonuses;
b. the net income from operation of a business or profession or
from rental of real or personal property (for this purpose,
expenditures for business expansion or amortization of capital.
in&btedness shall not be deducted to determine the net income
iron: a business) ;
c. interest and dividends;
d. the full amount of periodic payments -received fron. Social. Security,
annuities, insurance policies, retirement funds, pensions, disability
or death benefits and other similar types of -periodic receipts;
e. payments in Lieu of earnings, such as tmempl.oyment• and disability
compensation, Workmen'% Compensation and severance pay (refer to 2c);
f. public assistance. If tine public assistance payment includes an airaunt
specifically designated for shelter and utilities which is subject to
adjustmect by the public assistance agency in accordance with the
actual coat of shelter and utilities, the amount of public assistance
income to be included as income shall consist of:
l.) the aruount of the allowance or grant exclusive of th- amount
specifically designated for shelter and utilities, ;Jus
2) the maximum amount which the public assistance agency could
in fact allow for the family for shelter and utilities;
R2_
g. periodic and determinable allowances, such as alimony an'cha.ld •
support payments, and regular contribui;ns Qr Rifts received
from persons not .residing in the dwelling;
h. all Yegular pay, special pay and allowances of a member of the
Armed Forces (whether or not living in the dwelling) who is head
of the family or sponse (refer to 2e of this section).
2. Tie following items shal ". not be considered as income:
a. casual, sporadic or irregular gifts;
b. amounts which are specifically for or in reimbursement of the
cost of medical expenses;
c. lump -sum additions to family assets, such as inheritances, insurance
payments (including payments under health and accident insurance and
Workmen's Compensation), capital gains and settlement for personal
or property losses (refer to section regarding assets over $5,000);
d. amounts of eezcational scholarships paid directly to the student or
to the educational institution, and amount paid by the Government
to a veteran for use in meeting the costs of tuition, books, fees,
and equipment. Any amounts of such scholarships, or payments to
veterans, not used for the above purposes of which are available
for subsistence are to be included in income;
e. the special pay to a serviceman head of a family away from home
and .exposed to hostile fire;
f. Relocation payments made pursuant to Title II of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act •
of 1970;
g. foster chil4 care payments;
h. the value of coupon allotments for the purchase of food pursuant
to the Food Stamp Act of 1964 which is in excess of the amount
actually charged the eligible household;
i. payments received pursuant to participation in the following
volunteer programs under the ACTION Agency:
1) National Volunteer Anti -poverty Programs which include VISTA,
Service Learning Programs and Special Volunteer Programs;
2) National Cider American Volunteer Programs for persons aged
60 years and over which include Retira3 Senior Volunteer
Programs, Foster Grandparent Program, Older American Community
Services Program, and National Volunteer Program to Assist
Sell. Business Experience, Service Corps of Retired Executive
SCORE) and Active Corps of Executives (ACC)
3. '[f the circtm tances are such that it is not feasible to reasonably
anticipate a level..of :income over a 12 -month period, a shorter period
nny be used subject to a redetermination at the eA,J of such period.
C. Assets. Ilea. only asset is in conjunction with the determination
owiether a -family is a lot,,. - 'n.:•1e fain.ily or a very low income- family in
relation to -income as outl -.,.J -n ,ection 4 above. Net family assets mean
value of equity in real. pro:,f„',°, savings, stocks, bond:;, and other forms
of capital investment. Tht -slue of necessary items such as furniture„
automobiles and clothing shall be excluded. Any applicant; who assigne<3,
conveyed, transferred or otherwise disposed of property within the past
two years without fair consideration in order to meet the assets limitation
as regards income shall be ineligible.
D. Families determined to be ineligibl.- shall be notified by letter i Rnediately
of, the determination and the reason(s) therefore. The letter shall state that:
the applicant has the right within a reasonable time (specified - in the letter)
to request an informal hearing. If, after conducting such an informal hearing
it is determined that the applicant is still ineligible, it shall so notify
the applicant in writing.
II. SfLEcrioN of I"AMIL:IES
A. Each applicant shall be assigned his/her appropriate place in sequence
based upon date and time his application is received, suitable type or
size of certificate available, and factors affecting preference, or priority
established by the Authority's regulations.
The Authority shall make :its seloctions from this w.::it:ing list so that:
1) it will be able to honor all outstanding certificates of: family
participation within its Annual Contributions Contract: authorization;
2) at 1cast 30% of the families for whom leases are approved by the Jim
are very low income families.
B. Certificates of family Particip
color, religion, sex or rlatiorkrl
its approved unit to remain el. i.
Assistance Payments Program exc
family wishes to vacate its emit
thereto but is required to move
lease on the part of the family
shall be given a new Certificate
housing assistance payments for
if:
0
ation shall be made without regard to race,
origin. A family must continue to occupy
gi.ble for. participation in the. liousing
ept under the following conditions. If a.
at `the end of the lease term (or prior
for reasons other than vi.o 1. a t- i ons of the
as determined by the LIRA), the family
of Family Participation providing .for
occupancy of anuther. approvable unit,
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1. the family provides reasonable notice (at least 30 days) to the
HRA of its intention to vacate;
2. the 14RA determines that the family is in compliance with the pro-
visions of the lease, including provisions requiring notice to
the owner, if applicable,
3. the M determines that the family continues to be eligible for
such assistance;
4. the HRA has sufficient funds under its Annual Czntr,ibutions
Contract.
D. Preference in the Selection of Persons to Receive a Certificate. Within
the provisxori:. or ct.uon 11, A a ove, in selecting eligible applicants
to be issued a l+rrti.ficate, the Authority will give consideration to the
following factory in the order shown:
1. Whether the applicant is a displaced family or about to be displaced
by urban renewal or other governmental action.
2. Handicapped persons (as defined under Section I of this policy)
3. Families with income that qualifies them as very low income according
to Section 8 income limit computation for Hennepin County.
Schedule of Gi-jss Family Contributions
A. if a family qualifies for any of these categories, they are charged 151
of their monthly gross income for the monthly Gross Family G)ntribution:
1. Very large lower income family. A lower income family which includes
eight or dare minors a me -r of the family household except for
foster children other than the family head or spouse who is under 18 •
years o£:ge or is a full time student.)
2. large very low income family. A very low :income family which includes
six nr more minors.
3. family which has exc tional medical or other ex enses. Medical
exp 'nnses and/or unusual expenses*; respectively which exceed 25%
of i.;_e Annual Income.
B. Other than families in the special category in A above. In the case of
other a igi a
amxl
ies, the monthlyGross Fam:i y ' n i.bution shall be
25% of the family's monthly income after allowances Lot in no event less
than 15% of the family's monthly gross income.
nusual. )expenses. Amounts paid by the family for tine care of minors under 13
ycar,- _n -r irT care of disabled or handicapped farni,ly household members, kit
only where such care is necessary to Latabl.e a family member to be gainfully
employod and tine amount allowable as unusual expenses shall not exceed the
amount of i.n::nme froir such employment.
Annual Income After Allowa- noes. The annual.:i.nconlo less:
1. $300 :For each minor, and
2. Medical expenses which excoed 3% of tile. annual income, and •
3. Unusual. e>.nses.
5-
Ah C. Sho22inX Incentive - FamilX Credit. If a. family selects a unit (other
than a unit receiving the benefit of Federal., State or local subsidy)
for which the Owner's proposed Contract Rent plus any applicable allowance
for utilities is below the appli,:abl.e Fair Dbrket Rent, the fainil.y will
be given credit by a reduction in its required monthly Gross Family
Contribution.
The amount of the monthly Shopping Imentive Credit shall be the dollar
amount equal to that percentage of the Gross Family Contribution which
the rent saving is of the fair market rent.
The rent saving is the amount by which the fair market rent exceeds the
approved contract rent (plus any applicable allowance), exceeds the
initially proposed contract rent (plus any applicable allowance), if
that be higher than the approved contract rent (plus any applicable allowance).
N. "Finders -Keepers" Policy
A holder of. a Certificate of family 'Participat ion shall be responsible for
finding an existing housing unit suitable to the holder's needs and de4res
in any area within the PHA's jurisdiction and within the applicable fair.
market -rent. A holder of a certificate may select the dwelling unit which
the holder already occupies if the tul.it qualifies as existing housing. By
no action, either direct or :indirect, may the PM reduce the family's opportunity
to ..hoose among tiie available units in the housing market within its jurisdiction.
V: Lease Appraval
A. 7lie family shall zubmit to the HRA a Requeit for. Lease Approval, the
family's inspection r1sport, the owner's inspec:Jon report, and a. copy
of the proposed lease.
B. The lease may be approved if:
1. The HRA determines that thy: unit is in decent, safe and saoi.tary
condition;
2. The rent is reasonable;
3. 711e proposed lease complies with the requirements of FNA.
C. If tf . HRA determines that the lease cannot be approved for any reason
listed above, the HRA shall so notify the owner and the family.
VI. Re-examination
A. Re-examination of the family income, cog)ositi.on and the extent of
medical or other unusual expenses incurred by the family shall be made
by the LIRA cacti year (Rote: 7be PMA may elect to TO-MmIne elderly
every two years.) At that t:i.me, appropriate redeterminations shall be
made by the FIRA of the a,nount of Runi ly contribution and the amount of
the housing assistance payment, all in accordance with schedules and
criteria established by HUD.
6-
B. In connection with periodic re-examination of family income, the HRA •
shall ascertain whether at least 30% of all the assisted families are
very low income families; and where the percentage is ].ower than 30%,
the HRA shall issue Certificates of Family Participation only to very
low income families on the waiting list until the 30% level is again
achieved.
C. Once rent is established, such rental rate shall remain in effect until
the next annual re-examination or until circumstances occur that warrant
a special rent and income review. Anytime any of the following circumstances
occur rent and income shall be reviewed and rent adjusted in accordance
with the approved schedule of rents.
1. When the tenant requests an adjustment in the amount of gross family
contribution due to a change in family circumstances (such as a change
in famii), composition, decrease in income, or an increase in medical
or other unusual circumstances).
2. When the gross family contribution is decreased in accordance with
item number 1, above, the tenant must report all changes in family
circumstances which would result in an increased grass family contri-
bution which occur prior to his/her regular re-examination in which
case the contributions will be .app priately adjusted.
3. When required by changes in HUD regulatims.
VII. Ineligible and Over -Income Families •
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 tls; gross rent for
the unit it occupies, their eligibility for assistance shall be terminated.
This termination shall not affect the family's other rights :ender ito lease
nor shall such termination preclude resumption of payments as a result of
subsequent changes in income of rents or other relevant circumstances dpring
the term of the Contract.
VIII. Verification of Applicants' Statements and Income
A. Applicants shall be required to furnish proof of their statements when
required by the HRA to reasonably assure accuracy.
B. Certification by applicants will normally be considered sufficient
verification of family composition and residence. Certification is
provided by the applicant's signature on the application for a duelling.
Certification by signing the application for continued occupancy will, be
considered sufficient verification of family composition at re-excunination.
C. All. earned income shall be verified at the time of admission or annual
re-examination through employers, W-2 forms, check stubs or other means
to assure accuracy. .assets shall be verified by savings account passbooks
and other photostatic or carbon copies of docLiments in the applicant's
pe:%session which substantiates his statements. •
7-
D. Unearned incomes shall be verified by viewing checks, certificates of
award, or other means to assure accuracy.
E. All determinations shall be fully documented in the files.
F. A signed statement from the Relocation Officer of the displacing govern-
mental agency will be required as proof that an applicant has been, if
claimed, displaced or is to be displaced by public action.
X. Occupancy Standards
A. fn issuing the certificate of family participation the PHA will determine
the appropriate 1xAt of size by applying the following cr.i.ter.ia..
1. The bedroom size assigned should not require more than two persons
to occupy the same bedroom.
2. The bedroom size assigned should not require persons of the opposite
sex other than husband and wife to occupy the same bedroom other than
infants or very young children.
These principles result, in the following standards:
0 No. of 1312. Minimum Maximum
1 1. 2
2 2 R
3 Q G
7'he foregoing guidelines are set forth solely for determining the
bedroom size to be designated on the certificate of, eligibility.
The regulations provide that the family may rent a larger dwelling
provided the rent to owner plus any allowances for utilities and
other services does not exceed the fair market rent for the bedroom
size designated on the certificate of eligibility. Pic family May
rent a smaller bedroom size unit provided the unit meets the standard:
of accep-tability, i.e. "...at least one sleeping 'room or living/sleep.-Ing
room of appropriate size for each two persons."
X. Misrepresentations
The applicants are .o be notified in writing of any misrepresentations or
lease violations revealed through the annual re-examination or other occurrences
and any other correct l_'.. -e action required by the Authority.
8-
XI. Review and Ar-.7-idment of Policies
The foregoing policies are subject to review and amendment by the Commissioners isofthePlymouthHousingandRedevelopmentAuthorityfromtimetotime.
XII. Utility Allowance Schedule
Where the family pays directly for one or more utilities or services, the
following amounts will be deducted from the gross rent in determining the
contract rent and is included in the gross family contribution:
See utility allowance schedule attached.)
XIII. Fair Market Rents for Plymouth
Amount Amount
Unit Size Unit Type Non-Elev. Elevator
1 BR Existing $232 $242
2 BR Existing 264 291
3 BR Existing 308 373
0
XI. Review and Amendment of Policies
The foregoing polis`es are subject to review and amendment by the Commissioners
of the Plymouth Housing and Redevelopment Authority from time to time.
XII. Utility Allowance Schedule
Where the family pays directly fcr one or more utilities or services, tht.
following amounts will be deducted from the gross rent in determining the
contract rent and is included in the gross family contribution:
UTILITY SCHEDULE
Cooking +
1 BR $3 +
2 BR 3 +
3 BR 4 +
Lights = Tota]
12 = $15
15 - 18
17 21
XIII. Fair Market Rents for Plymouth
Unit Size Unit Type
1 BR Existing
2 BR Existing
3 BR Existing
9-
Rents
253
298
343