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HomeMy WebLinkAbout1971-02-22 - Minutes - ArchiveCI • • MINUTES OF ANNUAL MEETING OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS The Annual Meeting of the Housing Authority of the City of Fayette- ville, Arkansas, adjourned from January 20, 1971, was held at 8:00 o'clock A.M., Monday, February 22, 1971 in the office of the Authority, 226 North Block Street in the City of Fayetteville. The meeting was called to order and on roll call the following members were present: Commissioners: Whillock, Gould, Baxter, Shelton & Douglas Absent: None Others Present: Wesley Howe, David Horne, Warren Segraves, Ernest Jacks, Frank Ruder, Bob Schoen, Ora Belle Rollow and Michael McDowell Minutes of the regular meeting of December 16, 1970 and annual meeting of January 20, 1971 were approved by motion of Mr. Baxter, seconded by Mr. Gould and the motion carried unanimously. The Financial reports of December 31, 1970 and January 31, 1971 were approved by motion of Mr. Shelton, seconded by Mr. Gould and the motion carried unanimously. In compliance with Article II, Section 6, of the By -Laws of the Housing Authority, for election of officers, the Chairman asked for nominations for Chairman and Vice -Chairman. Mr. Gould made a motion that Charl Whillock be re-elected as Chairman. Mr. Ellis Shelton seconded the motion and moved that Mr. Whillock be elected by acclamation. Mr. Gould seconded this motion and the Chairman declared the motion carried. Mr. Gould moved that Ellis Shelton be elected Vice -Chairman. Mr. Baxter seconded the motion and moved that Mr. Shelton be elected by acclamation. Motion seconded by Mr. Gould and the Chairman declared the motion carried. Resolution #55 (copy attached) to amend Article I, Section 3 - Office of the Authority, Article III, Section 3 - Special Meetings, and Article III, Section 4 - Regular Meeting Place, of the By -Laws of the Housing Authority of the City of Fayetteville was introduced. Mr. Shelton moved that the Resolution be adopted as introduced. Mr. Gould seconded the motion and the following vote was recorded: Ayes: Whillock, Shelton, Douglas, Baxter and Gould Nays: None Motion carried unanimously. • The Chairman introduced Resolution #56 (copy attached): RESOLUTION ADOPTING POLICIES GOVERNING ADMISSION TO AND CONTINUED OCCUPANCY OF THE HAD AIDED LOW RENT HOUSING PROJECTS OPERATED BY FAYETTEVILLE HOUSING AUTHORITY. After a lengthy discussion regarding Income Limits, Capital Assets, Check Meters, Applications, etc., on motion of Mr. Douglas, seconded by Mr. Baxter, the following vote was recorded: Ayes: Whillock, Baxter, Douglas, Gould & Shelton Nays: None The Chairman declared the motion carried and the Resolution adopted. The Chairman introduced Resolution #57, attached hereto: RESOLUTION ADOPTING DWELLING LEASE FOR OCCUPANCY OF HAD AIDED LOW RENT HOUSING PROJECTS OPERATED BY THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE. After discussion it was recommended that Section 5, Paragraph D, of the Lease AGreement be amended to vacate premises within 3 months, • rather than six months. On motion of Mr. Shelton, seconded by Mr. Gould, the resolution was adopted as amended and the vote recorded: Ayes: Whillock, Baxter, Douglas, Gould and Shelton Nays: None Mr. Warren Segraves, Architect, reported on the progress of Housing Construction. He was of the opinion that the Progress Schedule as originally submitted by Brennan -Boyd was unrealistic and that the Critical Path Analysis submitted last week was also unrealistic. It is unlikely that Site J will be completed on schedule. Mr. Segraves further reported that Kelley -Nelson Construction Co. should have Site A ready for occupancy in May and that Site B should be ready shortly thereafter. There is considerable site work to be done at both locations, however the interiors are progressing nicely. n LJ Michael McDowell, Frank Ruder and Robert Schoen joined in the presen- tation of the proposed plans for submission of the Part I S&P Appli- cation. Mr. McDowell discussed proposed land use, land acquisition, street and sidewalk improvements, storm sewer and proposed pedestrian mall. Mr. Schoen reported on proposed plans of Public Utilities Companies and Mr. Ruder asked the Board for guidance in setting up priorities. -2- LJ After the presentation of the proposed plans for submitting our Part I of the S&P for HUD review, it was the unanimous opinion of the Board that this plan be prepared for submission along the lines presented, with emphasis placed on development of the Square as first priority, followed by site improvements and to take precedence over site acquisition. There being no further business the meeting adjourned. ATTEST: Secretary • APPROVED: /�f / Chairman -3- • RESOLUTION NO. 57 RESOLUTION ADOPTING DWELLING LEASE FOR OCCUPANCY OF HAD AIDED LOW RENT HOUSING PROJECTS OPERATED BY THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE WHEREAS, the Housing Authority of the City of Fayetteville, Arkansas has under construction 80 dwelling units of low -rent housing for families and 120 dwelling units of low -rent housing for elderly; and WHEREAS, the construction of said units is nearing completion; and WHEREAS, the Authority is preparing to take applications for occupancy. NOW, THEREFORE, BE IT RESOLVED BY THE Housing Authority of the City of Fayetteville, Arkansas: • Section 1. That the attached Dwelling Lease Agreement for occupancy of HAD aided Low -Rent housing projects operated by the Housing Authority of the City of Fayetteville, Arkansas is hereby approved and adopted. Passed and approved this day of _4e , 1971. APPROVED: ATTEST: airman Secretary J • HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS • • Account No, DWELLING LEASE Project No. of Bedrooms The Housing Authority of the City of (herein called the Management) leases to (hereinafter called the Tenant) for himself and his family consisting of the premises located at for the term beginning and ending at midnight at a rental of and a security deposit of payable in advance on the first day of this term. 1. This lease shall be automatically renewed for successive terms of one month each at a rental of $ payable in advance at the Office of the Management on the first day of each calendar month, and may be terminated by the Tenant giving the Management 15 days prior notice in writing to be delivered in person at the Management Office or by mail, or affixed to the door of the Management Office, or by the Management giving the Tenant 30 days prior notice in writing to be delivered in person, or by mail, or affixed to the door of the Tenant's dwelling. 2. A re-examination of the Tenant's status shall be made at least once each year and any change in rent as a result thereof shall be made in accordance with the then current schedule of rents established by the Management and shall be effective on the first day of the calendar month following the month in which the re-examination is scheduled. 3. There shall be no adjustments in rent between admission and first examination or between scheduled re-examinations, except for hardship cases a provided for in adopted policy. 4. The monthly rental on leased premises as adjusted by reason of changes provided in Paragraphs 2 and 3 above is as follows: Net Family Number of IncomMinors onthly Rent 5. The Tenant agrees: Date Tenant Housing Effective Approved Manager A. Not to assign or transfer this lease; nor to sublet all or any portion of the premises; not to display commercial signs or other advertising matter; not to keep pets of any kind; not to use or permit the use of the premises for any other purpose than a private dwelling for the Tenant and his family. To submit signed statements at such times and in such form -2 - is as requested by the Management relating to the income of the Tenant and his family and such other matters as may be necessary to determine eligibility for continued occupancy or appropriate rental. C. To transfer to a specified unit of appropriate size, at such time as the Management may designate, when a change in family composition would require such a transfer in order to conform to the established standards. D. To vacate the that the net family income occupancy in the project. premises within 3 months following notification exceeds the maximum amount allowed for continued E. To quit and surrender the premises at the expiration of the lease in good order and repair, reasonable wear and use excepted, and in clean condition; and further that the Management shall be reimbursed by the Tenant for any costs incurred by reason of his failure to do so. F. To comply with all Management policies covering the general use and care of the dwelling and grounds and to permit the Management to enter the premises during all reasonable hours to examine same or to made such repairs, additions, alterations, or betterments as may be deemed necessary. • 6. The Management agrees: To furnish water in reasonable quantities and the following electrical energy and gas to the Tenant without additional charge. Period Electric KWH Gas -Cubic Feet January, Tebruary, March April, May, June July, August, September October, November, December This lease is the entire agreement between the Lessor and the Tenant and no changes shall be made except in writing. Lease executed this day of , 19 Housing Authority of the City of Fayetteville, Arkansas. A 40 enan 0 RESOLUTION NO. 55 A RESOLUTION AMENDING RESOLUTION N0, 2-66 OF JANUARY 19, 1966s BY-LAWS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE. WHEREAS, on January 19, 1966, the Housing Authority of the City of Fayetteville, Arkansas, adopted Resolution No. 2-66, adopting by-laws for the Housing Authority; and WHEREAS, it is now deemed necessary to amend said By -Laws of the Housing Authority, NOW, THEREFORE, BE IT RESOLVED by the Housing Authority of the City of Fayetteville, Arkansas : Section 1. That ARTICLE I. Section 3 of th'e By -Laws of • the Housing Authority of the City of Fayetteville, Arkansas, be amended to read as follows: "ARTICLE I, Section 3. Office of Authority. The offices of the Authority shall be located at 226 North Block St., in the City of Fayetteville, State of Arkansas, but the Authority may hold its meetings at such other place as it may designate by resolution." Section 2. That ARTICLE III, Section 3 of the By -Laws of the Housing Authority of the City of Fayetteville, Arkansas, be amended to read as follows: "ARTICLE III, Section 3. 1ecial Meetings. The Chairman of the Authority may, when he deems it expedient, call a special meeting of the Authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered to each member of the Authority or may be mailed to the business or home address of each member of the Authority at least two days prior to the date of each special meeting. At such special meetings no business shall be considered other than as designated in the call, but if all of the members of the Authority are present at a special meeting, any and all business may be transacted at such special meeting." 0 Section 3. That ARTICLE III, Section 4 of the By -Laws of the Housinguthority of the City of Fayetteville, Arkansas, be amended to read as follows: "ARTICLE III, Section 4. Regular Meeting Place. The regular meeting place of the Authority is located at 226 North Block Street, in the City of Fayetteville, State of Arkansas." PASSED AND APPROVED THISday of ��/�its� 1971. APPROVED: is ATTEST: Chairman L Secretary 140 RESOLUTION N0, 56 RESOLUTION ADOPTING POLICIES GOVERNING ADMISSION TO AND CONTINUED OCCUPANCY OF THE HAD AIDED LOW -RENT HOUSING PROJECTS OPERATED BY FAYETTEVILLE HOUSING AUTHORITY. WHEREAS, the Housing Authority of the City of Fayetteville, Arkansas has under construction 80 dwelling units of low -rent housing for families and 120 dwelling units of low -rent housing for elderly; and WHEREAS, the construction of said units is nearing com- pletion; and . WHEREAS, the Housing Authority of the City of Fayetteville, Arkansas is preparing to take applications for occupancy. NOW, THEREFORE, BE IT RESOLVED by the Housing Authority of the City of Fayetteville, Arkansas: • Section 1. That the attached Statement of Policies Governing Admission to and Continued Occupancy of the HAD Aided Low -Rent Housing Projects operated by Fayetteville Housing Authority is hereby approved and adopted. Passed and approved this v� day of G 1971, APPROVED: ATTEST: �Cic/C���iCC//c t CXR Chairman Secretary OC' i Z-2 Z -71 SThTJI3,MEPT OF POLICIIS GMEMI?iG AED ISSION TO Ai1D CONTINUED CCCUI:^.i`iCY OF 5THE }}AA• -AID D LC00ri..RENrr `HOTUSING PR6J-ECTS O=KIATED BY FAY E TT E V I L L E HCUSING AUTHORITY SECTION I:, S3LBCTION OF T3 IAWS AND 1-W'CF.SSI7IG APP ICA^t i_O;7S A: Nondiscrimination The :r gal:Auth: rity shall not disc-rirunr^_te because-nf'race, color, cree4-or.natirna.1 origin in the..l.easi3ag, rental,.. or cthe-r-dispositi.on of.2iousing or related facilities (including lend) included -in -any project or--prnjects under its jurisdict:ion_coovered by a. co ttract for." amsua3 eontributions under -the United States :Housing Act --of1937, or in -the use or occupancy thereof. The"I,4cal_ Authority shall Inot,.on' account of race, color, creed, or national origin, deny to any family the opportunity to apply for such housing, nor deny to any eligible applicant the opportunity to lease or rent any dwelling in any such housing suitable to its needs.' Local Authority records with respect to appl.ication6 for admission to any loin -rent housing assisted under the United States Housing Act of 1937 shall indicate as to each application the date end time of.reccipt; the determination of the Local Authority as to eligibility or non - eligibility of the applicant; where eligible, -the unit size for which eligible; the preference rating, if any; the date, location, identifi.ca- tion, and circumstance of each vacancy offered and accepted or rejected. Local Authority records with respect to inquiries from families pri.or to com-nence:.ent of formal application -taking or during a pea7iod of temporary suspension of formal application -taking shall indicate, as to each family, the date of inquiry, the name and address, and whatever further information is obtained, determination made, or:action taken by the Local Authority with respect to such family. B. EJ.i.Eibili'ty for Admission_. There are to be eligible for admission ons those applicants - 1. _rho qualify as a family. For the purpose of deter:nlning, eligibility a family is defined as: a group of persons regularly living together,.related by blood, marrie.ge, or adoption, or a single person if elderly, disabled, handicapped, or. displaced. Other persons, including foster -children a^d members ten r• arily absent *=ay be considered a part of the family group, if they are living or will live f� regularly with the family, 2. whose net income at the time of admission less the. following'esaaotion: All enounts paid by the U. S.. Goverr.1'.ent for disability.or death occurring in connection with military service. a does not excez•d the `_'Cllc".'i.ng ^:gropr•'ate _.n_cc7-a li its as ap;rcv=_d by t}le H ovF-Ina Nu -ober Limits in et Incc-=_ Alter- ions of A62niszion. - -- - Continu_3 Persons Regular Soecial One $3200. $3800. $4000. Two .3800. 4600. 4750. rcc 4000. 00. SCOO. Four 4200. 5000.• 5250. Five 4400 5300. 5500. Six 4600. 5500. 5750. Seven 4800. 5800.0 6000. Eight 5000. 6000. 6250. h!in^ 5200. 6200. 6500. 6500. 6750.. . I A-ft� 5,000. Regular 3• whose net £e:ily assts do not c\ceed$ / unless s,_Ich assets together with the net inCOMe of the family, are not sufficient for it to obtain and maintain adequate accolmnod at ions on the private market. 4, who at time of admission a, arc living in dcrsllinrs which are unsafe, insanitary, or over. crowded, or b. actually without housing due to causes other than the fault of the tenant, or C. about to be without housing due to causes other than the fault of the tenant, or . d. are to be displaced through action by any public body or court as the result of an improvement program -or enforcement of housing standards, provided that the requirements contained in this paragraph will not apply to veterans and servicemen and elderly persons or families with respect to units suitable to their needs,or to employees of the Housing Authority whose duties require them to live in a deve C,. Order of Preference. First preference shall be given to residents of the pmen City of As among eligible applicants from this city, the following order of preference will be applied in selecting tenan�s'for aamission to units of suitable size_ within range of specified rents as established by the Demonstration of Financial Feasibility: 1. Families displaced through actions of a public body or court* 2. Families or veterans and servicemen not qualifying as displaced families. 3. Single elderly persons and elderly families. Among families within preference groups ]. and 2, first preference shall be given to disabled veterans whose disability is service connected; second preference shall be given to families of deceased veterans and _servicemen whose death was service connected; and third preference shall -be given to other veterans and servicemen._ As among eligible applicants in the same preference rating and as among other eligible applicant families, preference will be given to those having the most urgent housing need. The same order will be followed in selecting nonresidents for tenants. D. Processing Applications for Admission 1. A written application signed by a responsible m e�.nber of the family will be obtained from each family seeking admission to the project. 2. All information relative to previous housing or waiver, net family income, net assets and preference rating will be verified and all verified findings will be documented and recorded in. the tenant folder. 3. Verified irLormation will be analyzed and a determination'will be made with respect to the following: a. Eligibility of applicant as a family.. b. Eligibility of aGClicznt with wesoe. t to =n=e limits r"OZ admission. 1� Circu:IStaIlC_2S under ^.7 i1iCC a ' ani iv i3 1_'IiGF ';� _ r� .•.� -, because it is peyir,; Teat beyond its ch.. -:s Couldbeex; _CteA ;gjit i2 the very near utura to be .out hcls:.a:-, could b:' co sidcr.d in this ca,,e,gory. The dctars?.r._tic•a to !:rh.th� i s .o I T'.int bCyOntl �he'C' n.3 'r.P +t... _by v ?,]_? OL' Cc:a.,ipr Gni^Z' t0 CdfdS 510'1.' IN C . Eligibility of ap:licana iritic respect to net assets. d. Size of unit required for the family. e. Preferenc_ category to .:bleb the ^ ily belongs. f. Urgency of the family's need for housing. g. Rent ti;hich the family should pay. 4.. Net family income will be computed in accordance with definitions and procedures as set forth in Section IV, of this instrument. 5• As a part of the application record the Executive Director will certify to.the actions taken and determination made in the space provided on the application form. E. Unit Size Required, The following standards will determine the number of bedrooms required to eccorrmodate a family of a given size and composi.. tion, except that such standards shall be waived when necessary to achieve and maintain full occupancy: 1. No. of No. of Persons Bedrooms Minimum• Maximum or 1 1 3 rider will be orenared and m:e,de a 2 2 5 or ag ronr_ate ins=. ions ::i11 be 4 7 4 9 2. An unborn child will not be counted as a person. .3, Dwelling units will be so assigned that: to be dated and a. Children.under 3 years of age may occupy same bedroom with parents. Executive Director. b. Other than husband and wife, persons of opposite sex over 6 years of age will not occupy the same bedroom. c. For reasons of health (old age, physical disability, etc.) separate bedroom may be provided for such individual family member as verified, d. Living room will not regularly be used as a bedroom, F. In_asinq of D. -Yelling Units it A lease agreement shall be signed by a responsible member of the family accepted as a tenant and the Executive Director of the Local Housing Authority, prior to actual admission. 2. If a tenant transfers within the project, a new lease will be executed for the dwelling into which the family is to 'move. 3• If, at any time during the life of the lease agreement, a change in the tenant's status results in the need of changing or amending_ any provision of the lease, either a. .a new terse w. e=nit ::_11 be exe^lated, or b, an appropriate rider will be orenared and m:e,de a oar- of the ex-i.stin- leas_, or ag ronr_ate ins=. ions ::i11 be ade the ins;rum_nt. A11 copies of such riders or insertions Zr� to be dated and signed or initialed by the tenant and.by the/ Executive Director. 3 - I 1L� SEC'1'IO:: II, ELI;,:I_=�II.P FOR COIi=I`U?D GCCuF�L?CY AIID Plin]:ODIC i?c._ ? ti_I1 ?'IO;iS. A. 1'ai ;i}Ji.1 ty for C�)ntiC:V.ed ocCllp�_S:hcy. `1hCre ar? to be elir-i.ble i'or 'continued occupaiicy only diose occupants, 1, who qualify as a fz_,;ily as dCfined in Section I, except that a person or persoi9s reti;ai.nin, in the residuuia of a fai,;ily may be permitted to rei,ain in occupancy in units Of, appropriate size; and *2 whose net faii:ily incomes at the ti::Ie of re-examination,, less the following exei;iption, eio not exceed the appropriate inco-;e limits. indicated in Section I.B.2. for continued occupancy, as approved by the Housin;; Assistance Administration: All amounts paid by the U. So Government for disability or death occurri,n. in connection with.military service, $75500. Elderly 5,000. Regular 3s whose net faalily assets do not exceed unless such assets together with the net income of the family are not sufficient for it to obtain and maintain adequate acco_uaodations on .the private market. Be Periodic Re-examinations, The eli ibilityof all families is to be re••examined at least once every 12 months and upon determination of net family iricoule for the ensuing year, the rent shall be adjusted accordin3ly. Exception: Families whose heads (or their spouses) or whose sole members are 62 years of a;e of over may be re-examined every 24 mouths. 1. Schedulin of Re-eraaina.ti ons. Tenants will be re-examined each year on the anniversary date established by Uheir first re-exaalinati.on„ The time between admission and first re-examination of a tenant may be extended to not more than 18 months only in order to fit the established re-examination schedule. 2.Special Re-exe:ninations. When it is not possible to estimate'net family income with any reasonable degree of accuracy at time of admission or re0ular re-exa:nination, a temporary determinatio'n will be made with respect to income and rent and a special re-examination will be scheduled. Such special re-exa:ai.nations.will be scheduled within 60, 90, or 120 days, dependin;; upon the family's circumstances. The tenant will be notified in advance and in writing as to the date of the special re-examination, 3. Re-examination Procedures e. At the time of re-examination, a responsible member of the fa_•ii.1y will be required to si`•n an application for continued occupancy. b. Employment and income data will be verified, and all verified findin;;s will be documented and placed in the tenant's folder. Ce Verified information will be analyzed and a determination will b/e.made with -respect to the followin-: (1) L11C�1bility Of tellrnt as -afa:.^ ly or 'Lhe. residuurs of. a - I'amily . (2) Eh ib i.lity Oi tenant with Y'?3reCt to income limits f0_ Continued occllralh Cy. (3) Eligibility of family with respect to net assets. (4) Size Of unit required for the (5) Rent :;Eich ti -e faii:ily shx;ld pay. HCt ferIA-IY income ^;ill be COi7F7111;?i i;l accorda. ce witl•I t!e definitiDns a -id . fol`�h in S?cci.on'IV of thio .nstruiueni . - r C `. . 4. Action Folloi,ing Re-examinations a. If there is any change in the rent, the lease trill be amended or a new lease •rill be executed. b. If any change in the size of unit occupied is indi- cated, the tenant will be moved to a unit of an appropriate size and a neer lease will be executed. If an appropriate unit is not available,.the tenant will be placed on a transfer list and moved to such unit when it does become available. C, If, upon re-examination, it is found that the.iricome of a family has increased beyond the approved income limit for continued occupancy or the family is other- wise ineligible, the Local Authority shall give the family written notice to .move within 90 . days, unless the Local Authority determines that the family' is unable, due to special circumstances, to find decent, safe, and sanitary housing within its financial reach, although making every reasonable effort to .do so, and the Local Authority decides to permit the family to continue in occupancy for the duration of such situation. In that event, the Local Authority shall (1) make a written determination to that effect giving the reasons, and (2) require the overincome family to pay the increased rent prescribed in the rent schedule. Ineligible families that do not move. voluntarily by the expiration date of their notice to vacate will be evicted by due process of law. d. As a part of the record;of each family re-examined, the Executive Director will certify to the determi- nations in the space provided on the application for continued occupancy. SECTION III., ESTABLISHING RENTS BETWEEN ADMISSION AND FIRST RE- EXAMINATION AND BETWEEN SCHEDULED RE-EXAMINATIONS A. Fixed Rent System. There shall be no adjustments in rent between scheduled re-examinations except for hardship as adopted below. 1. Change of Family Head a. When female head of family marries. b. When former husband of family head returns to the group after separation. C. When two families merge to form one family. Example: Mother, who had been left alone, and daughter and her family. I - d. Head of family dies or otherwise permanently leaves the home. 2. Change of Tenant a. When any of the changes.occur in "a" above, if the family head is also the tenant as defined belolrr. b. Ithen tenant, who is not family head, dies or other- wise leaves the home. 3. Adjusted rent a. When any of the changes occur in "A" above. An application for continued occupancy will be completed in all circumstances described in Sec. II; B-3 above. _, 5 _ ( 4. Interim Rent Adjustment Adjustment in rents (interim rent change) will be made 'for one of the following circumstances: a.. If a tenant reports a reduction in income to the extent that his rent at that time exceeds 25 percent of the family's income, as defined by the Secretary; or b, If, at the time of the annual re-examination for continued occupancy, verification of family income was inadequate or the family situation was unstable to the extent that anticipated family income was doubtful, based upon the situation existing at the time of the re-examination. No subsequent change will be made unless a statement is so made on the record at the time of the re-examination that there, is a "possibility of rent change. or adjustment" and the reason given for the possible change. In completing interim rent changes in (4) above; -the change of income and source of income will be shown and verified. (The tenant will be responsible for providing the documenta- tion verifying the reduction in income set forth in 4a above). C A re-examination for continued occupancy will not be made. The date of annual re-examinationfor continued occupancy will not change; however, a new lease will be executed in all cases. 5, Changes in apartment size: a. When the change in family composition, either in size or sex, requires space adjustment.to conform to occupancy standards. b. For change in apartment size only, no adjustment will be made in gross rent, but contract rent will be de- termined by the gas allowance for the new apartment size. 6. For purposes of executing dwelling leases and carrying out the policy of fixed rents, the following definitions shall apply: a, Tenant is that member of the family who is the principal wage earner. b, Family Head is the person living i;n the home whom the family members accept as morally responsible for the well-being of the the family. This is not necess- arily the person with the greatest income. It is usually the father or mother. C, Principal wage earner is that member of the family who Ti receiving a regular income on a conti-nuing basis and whose income normally is in excess of that of other members of the family group. 7.,-_In-de..terminin.g the. .pri_n_c.i.pal-_wage. earner, -the. member whose income for the coming year is anticipated•to be the great- est or greater is established as the tenant, as defined above, even trough he may b:e a minor. 8. Where two wage earners make more than any other member of the family but each makes substantially the same amount, the older of the two wage earners shall be considered as the tenant. If the tenant, as defined above; cannot be legally. responsible, the family head shall also sign the lease on the second line. In tical, event, the phrase "Family flcuU" should bemarked out under the top line. If the principal wage earner, as defined above, is also the family head, only his signature is needed on the lease. 6 - 9. There may be instances., however, in which the principal wage earner (tenant) is legally responsible, but is not the family head. In such cases, the family head may sign on the second line if it is considered desirable. 10. For purposes of establishing the tenant, the wife of the absent serviceman should sign her husband's name by her.s- e.g., "James P: Jones, by Mary Agness Jones, wife SECTION IV INITIONS AND PROCEDURES TO BE USED IN DETERNININ A. Aggregate Fa.mi1e Income means all the income from any source whatsoever, befordeductions or exemptions, which all persons occupying or who will occupy the dwelling may be expected to receive during the 12 -month period following admission or re-examination (as the case may be) and shall include all compensation for personal services such as commissions, fees, tips, bonuses and other compensation in kind. The following is not considered as income: .1.-. Amounts specifically received for medical care or the reimbursement of medical expenses. 2. Casual and irregular gifts. 3. Lump sum insurance payments or settlements for personal or property loss. 4. Amounts of Educational Scholarships paid either to an Institution or to an individual for use in meeting the cost of tuition, books and fees, to the extent that such amounts are so used. B. Net Family Income means the aggregate family income less any of The following deductions which may be anticipated for the 12 month period for which aggregate family income is estimated: 1. Special occupational expense not paid by employer, such as special tools and cost of abnormal transportation to work; deductions for transportation shall not exceed 5 cents per mile and shall include only the cost above normal in this community. Normal transportation in this community is 5 miles beyond the city limits. 2. Deductions from wages if requried by law or by employer as a condition of employment, such as fob Social Security, pensions, and retirement. No deductions will be allowed for income taxes, garnishments, or voluntary deductions such as savings bonds and non -compulsory insurance. 3. Reasonable amounts paid for support of dependents who do not live with the family but for whom the family is legally or morally responsible. This does not include the expenses of children away from home for the purpose of normal voluntary education. 4.' Reasonable amounts paid fur care of chi idrea or aged'or incapacitated family members to permit family members to work, if no one else in family can provide the necessary care. In no evert can this deduction exceed the arountr earned by family member this released. Deductions for this item shall not exceed $20.00 per week. 5. Predictable costs of medical care for family members l:;ith a continuing illness, if not covered by insurance.. Deduct only the amount by which such costs exceed three ner cent of total family income. 7 - 6. An amount of $ 100.00 a month to cover personal ex- penses if head of family is in Armed Services, stationed away from home, and is not living in the dwelling unit except where this exceeds the balance of the serviceman's pay after his portion of the dependent's allowance and Social Security have been deducted. In such case only an amount equal to the difference between his pay and his contribution to his family shall be deducted. C. Computing Net Family Income and Rent 1. Projections of annual income shall be based on the best available information with due consideration to past year's income, current income rate and effective date, potential income rate and shall include estimates for each actual and reasonably potential income recipient .in the. family group. 2. The income of irregular workers will be estimated on the' basis of the best information available with due con- sideration to earning ability and work history. 3. The following, formula will be applied when more accurate or reliable information cannot be obtained from income tax returns, W-2 forms and other such sources: a. 52 -weeks will be used in converting the current weekly rate of pay of regularly employed workers into an estimate of annual income. Twelve months will be used for those paid monthly. b. 48 weeks will be used in computing income of regularly employed salaried workers whose employ- ment is affected by weather conditions. C, 48 weeks will. be used in computing income: of workers in the building trades and related fields. d. Overtime will be computed in accordance with veri- fication obtained from employer in the absence of more reliable or accurate information. 4. Rents and other charges will be established in accordance with a Schedule of Rents and Other Charges which has been approved by the Housing Assistance Administration.. D. Definition of Terms Used in This Statement of Policies 1. A minor is a person less than 21 years of age other than -the head of the family or his spouse. An unborn child . will not be considered as a minor. 2. An elderly family_ means a family whose head (or, spouse), or whose sole member, has attained age -62 or is under a disability as defined in Section 223 of the Social Security Act, or is handicapped within the meaning of Section 202 of the Housing Act of 1959. (See HAA Management Manual,. Section 3.4b, Page 4). 3. A.displaced f"v,:t means" a"f'ami ly Displaced.by-.urban-- renewal or other governmental action, or, family whose present or former derelling is situated in an area de- termined by the Samll Business Administration, subsequent to April.1, 1965, to have been affected by a natural disaster, and r,;hich has been extensively damaged or destroyed as the result of such disaster. 4. The head of the family_ is .defined as that member of the group ';rho is legally or morally responsible for the family. - 8 - 5. Tenant is that member of the family who is the principal wage earner. 6. Principal Wage Earner is that member of the family who is receiving a regular income on a continuing basis and whose income normally is in excess of that of other members of the family group. 7. Veteran. For the purpose of applying preferences and waiving the previous housing requirements a "Veteran" means a person who has served in the active military or naval service of the United States and who shall have been discharged or released therefrom under conditions,other than dishonorable. 8. Serviceman. For the purpose of applying preferences and waiving the previous housing requirement a "Serviceman" means a person in the active military or naval service of the United States, 9. Family of Veteran or Serviceman. To qualify as the "Family of a Veteran or Serviceman", the Veteran or Serviceman, unless deceased, must be living with the family or be temporarily absent, unless: a. The veteran or serviceman, formerly the head, is permanently absent because of hospitalization, separation, or desertion; b. The veteran or serviceman, formerly the head, is divorced, provided there remains in the family one or more persons for whose support he is still legally or morally responsible and provided that the spouse has not remarried. . 10. Disabled person is unable.to engage in any substantial gainful employment by reason of any medically determin- able physical or mental impairment which can be expected to result in death or which has. lasted or can expect to last for a continued period not less than twelve (12) months. 11. Handicapped is considered to be a person placed at a disadvantage to compete in society, such as: the blind, deaf and crippled. 12. A disabled veteran is one whose disability has been determined by the Veterans Administration to be service connected and who quali.fies as a veteran in accordance with 7 above. 1� 13. Anticipated annual income shall be the amount of family income anticipated for the next twelve months succeeding the date of admission, or the date of re-examination. With- holding tax Statement, Form 14-2 for the most recent calendar year or fiscal year, may be used to assist in determining anticipated annual income. - 9 - r CERTIFICATE OF RECORDING OFFICER The undersigned hereby certifies, as follows: (1) That he is the duly qualified and acting Secretary of the Housing Authority of the City of Fayetteville, Arkansas, herein called the"Applicant", and the keeper of its records; including the journal of proceedings of the meetings of the Board of Commissioners, herein called the "Governing Body". (2) That the attached Resolutions are true and correct copies of the Resolutions as finally adopted at a meeting of the Governing Body held on the 22nd day of February, 1971, and duly recorded in his office; (3) That said meeting was duly convened and held in all respects in accordance with law and to the extent re- quired by law, due and proper notice of such meeting was • given; that a legal quorum was present throughout the meeting, and a legally sufficient number of members of the Governing Body voted in the proper manner and for the adlption of said Resolutions; and all other re- quirements and proceedings under law incident to the proper adoption or passage of said resolutions, have been duly fulfilled, carried out, and otherwise observed; (4) That an impression of the seal has been affixed below. It constitutes the official seal of the Applicant and this certificate is hereby executed under such official seal. (5) That the undersigned is duly authorized to execute this certificate. IN WITNESS WHEREOF the undersigned has hereunto set his hand this 22nd day of February, 1971. ...7-e N.p p , Secr'e ary