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HomeMy WebLinkAbout1971-08-18 - Minutes - Archive• MINUTES OF REGULAR MEETING OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS The Housing Authority of the City of Fayetteville, Arkansas, met in regular session at 10:00 o'clock A. M., on Wednesday, August 18, 1971, in the office of the Housing Authority, 226 N. Block Street, Fayetteville, Arkansas. On roll call the following members were present: Messrs: Whillock, Shelton, Douglas and Gould Absent: Baxter Also Present: David Faught, Ora Belle Rollow, Hugh Kincaid Ernest Jacks, Warren Segraves, Barbra Crook, and Ralph Hayes There being a quorum present, the following business was transacted. The minutes of the regular meeting of July 21, 1971, were approved by motion of Mr. Shelton, seconded by Mr. Douglas and carried unanimously. The financial report for the month of July, was approved by motion • by Mr. Gould, seconded by Mr. Shelton and carried unanimously. Warren Segraves, Architect, reported they were starting the final punch list on Sites "A" E "B" and that they should be ready for occupancy by September 15• Site "J" is progressing satisfactorily and should be ready by December. Dave Faught, reported that the Part I Loan and Grant Application had been submitted and distributed to the various technicians for review. He also reported that the City Board of Directors had approved the submission of an application for one hundred (100) units of Leased Housing, on August 16, 1971. Mr. Faught, reported that there has been a general misunderstanding by area residents regarding proposed zoning changes. Although a portion of the area to be rezoned is within the Center Square Urban Renewal Area, this action was not initiated by the Housing Authority. The Chairman presented Resolution #67 (copy attached): RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS, ESTABLISHING SCHEDULE FOR DISTRIBUTION OF RENTALS After discussion, Resolution #67 was adopted by motion of Mr. Douglas, seconded by Mr. Gould and the vote recorded: AYES: Whillock, Shelton, Gould and Douglas NAYS: None 0 The Chairman thereupon declared the motion carried and Resolution adopted unanimously. The Chairman presented Resolution #68 (copy attached): RESOLUTION FIXING SECURITY DEPOSITS TO BE MADE BY TENANTS DWELLING UNITS After discussion, Resolution #68 was adopted by motion of Mr. Shelton, seconded by Mr. Gould and vote recorded: AYES: Whillock, Shelton, Gould and Douglass NAYS: None The Chairman thereupon declared the motion carried and Resolution adopted unanimously. The Chairman presented Resolution #69 (copy attached): RESOLUTION ADOPTING DWELLING LEASE FOR OCCUPANCY OF HUD AIDED LOW RENT HOUSING PROJECTS OPERATED BY THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, AND RESCINDING • RESOLUTION NO, 57• After discussion, Resolution #69 was adopted by motion of Mr. Douglas, seconded by Mr. Shelton and the vote recorded: AYES: Whillock, Shelton, Gould and Douglass NAYS: None The Chairman thereupon declared the motion carried and Resolution adopted unanimously. There being no further business the meeting adjourned. ATTEST: u SECRETARY APPROVED: 0 RESOLUTION NO. 67 RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS, ESTABLISHING SCHEDULE FOR DISTRIBUTION OF RENTALS, BE IT RESOLVED BY THE COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Schedule of Distribution of Rentals annexed hereto as Exhibit "A" is hereby adopted by the Authority. Section 2. That insofar as is practicable, this schedule shall be adhered to in assignment of tenants to dwelling units. PASSED AND APPROVED this' 18 day of August , 1971. • ATTEST: Secretary I 9 RENT RANGE 0 - 10 10 - 20 20 - 30 30 - 40 40 - 50 50 - 60 60 - up E 0 SCHEDULE OF DISTRIBUTION'OF RENTALS NO. OF UNITS 10 10 10 30 60 50 14I4 8 OF GROSS '.MONTHLY UNITS RENT w 58 158 308 m EXHIBIT "A" 50 150 250 1050 2700 2750 1950 $300 RESOLUTION NO.68 RESOLUTION FIXING SECURITY DEPOSITS TO BE MADE BY TENANTS DWELLING UNITS. BE IT RESOLVED BY THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the amount of the security to be deposited by tenant prior to occupancy of family dwelling units shall be $30.00. Section 2. That the amount of the security to be deposited by tenant prior to occupancy of the elderly units shall be $20.00. PASSED:AND APPROVED this 18 day of August , 1971. • ATTEST: • APPROVED: Ll f RESOLUTION NO, 69. RESOLUTION ADOPTING DWELLING LEASE FOR OCCUPANCY OF HUD AIDED LOW RENT HOUSING PROJECTS OPERATED BY THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, AND RESCINDING RESOLUTION NO, 57. WHEREAS, the Housing Authoritv 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; and WHEREAS, the Housing Authority has by Resolution No. 57 of February 22, 1971, previously adopted a dwelling lease for occupancy of low -rent housing projects • operated by the Authority, and the Authority now desires to adopt a new lease form in lieu of the one previously adopted. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That attached Dwelling Lease for occupancy of HUD aided low -rent housing projects operated by the Housing Authority of the City of Fayetteville, Arkansas is hereby approved and adopted. Section 2. That Resolution No. 57 of February 22, 1971 is hereby rescinded. PASSED AND APPROVED this 18 day of August , 1971. APPFROD: ATTEST: arm X 6Pk�ec� d� Secretary HOUSING AUTHORITY OF THE CITY OF a, DWELLING LEASE Account No. Project No. Bedrooms The Housing Authority of the City of (herein called Management)' leases to (hereinafter called Tenant) for himself and his family consisting of the premises located at for the term beginning and ending at midnight at a rental rate of $ and a'security deposit of $ payable in advance on the first 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 management prior notice in the manner specified in Section 6, or by the management giving the tenant 30 days prior notice in the manner specified in Section 6. Such notice may only be given for good cause, such as non-payment of rent, serious or repeated interference with the rights of other tenants, serious or repeated damage to premises, creation of physical hazards, overincome status, or violation of the rules and regulations adopted by the Board of the Authority. Notice of these rules and regulations to the tenant must be in accordance with Section 6 and permanently posted in the Authority office. Notice by either party to this lease may be given on any day of the month. If management should elect to terminate this lease, tenant must be told in private conference, by a duly authorized representative of management, the reason(s) for eviction, and must be given an opportunity to make such reply or explanation as he may wish. At the time of conference, tenant must be informed of: a. The specific reason for the proposed eviction and the alleged facts upon which it is based; and b. His right to request a hearing upon the proposed eviction in the manner provided for in Section 7 of this lease. 2. REDETERMINATION OF RENT, D14ELLING SIZE, AND ELIGIBILITY. Once each year (once every two years if elderly tenant) as requested by management, tenant agrees to furnish accurate information to management as to family income, employment, and composition, for use by management in determining whether the rental should be changed, whether the dwelling size is still appropriate for tenant's needs, and whether tenant is still eligible for low -rent housing. This determination will be made in accordance with the approved Schedule of Rents and Statement of Income and Occupancy Limits available in the Project Office. a. Rent as fixed in Section 1 hereof or as adjusted pursuant to the above will remain in effect for the period between regular rent determinations unless during such period: (1) Tenant can show a change in his circumstances (such as a decline in income) which would justify a reduction in rent pursuant to the Schedule of Rents or other such circumstances as would create a hardship situation. (2) Tenant commences to receive public assistance or his public assistance is terminated. Such a change must be reported to management within ten (10) days of its occurrence. e (3) It is found that tenant has misrepresented to management the facts upon which his rent is based, so that the rent he is paying is less than he should have been charged. If this is found then the increase in rent may be made retroactive. In the event of any rent adjustment pursuant to the above, management will mail or deliver a "Notice of :tent Adjustment" to tenant in accordance with Section 6 hereof. In the case of rent decreases, the adjustment will become effective the first of the following month. In case of rent increases, the adjustment will have effect the first of the second following month, unless the rent increase results from a finding of intentional mis- representation under Section 3a(3) above. b. If management determines that the size of the dwelling unit is no longer appropriate to tenant's needs, management must notify the tenant in accordance with Section 6 hereof. Ianagement may require the tenant to execute a new lease or amend the existing lease. Tenant will be required to move to another unit within the project in which he lives, giving tenant a reasonable time in which to move. C, If management finds that tenant's income has increased so that it is above the approved income limits for continuing occupancy in low -rent housing, management will then determine whether or not tenant can, with reasonable effort, find other suitable housing. (1) If management determines that due to special circumstances tenant will be unable to find other suitable housing, tenant may remain in low -rent housing so long as the special circumstances exist; but the monthly rental will be increased in accordance with the approved Schedule of Rents. Management will notify tenant of the rent adjustment in accordance with Section 6 hereof. The adjustment will become effective the first of the second following month., (2) If management determines that tenant can, with reasonable effort, find other suitable housing, it will notify tenant that tenant'has months to find other housing and move, in accordance with Section 6 hereof. 3. The monthly rental on leased premises as adjusted by reason of changes provided in paragraph 3 above is as follows: Net Family Income No, Minors Monthly Rent Date Effective Tenant Management 4. The tenant agrees: 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; nor to keep pets of any kind; nor to use or permit the use of the premises.for any other purpose than a private dwelling for the tenant and his family and dependents. This provision does not exclude reasonable accommodation of tenant guest or visitors. b. 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. Tenant shall use reasonable care to keep his dwelling unit - 2 - in such condition as to prevent health or sanitation problems from arising. Tenant shall notify management promptly of known need for repairs to his dwelling unit, and of known unsafe conditions in the common areas and grounds of the project which may lead to damage or injury. Except for normal wear and tear, tenant agrees to pay reasonable charges for repair of intentional or negligent damage to the leased premises or project caused by tenant, his family, or dependents. Such charges shall be billed to the tenant and shall specify the items of damages involved, correctional action taken, and cost thereof. Management agrees to accept rental money without regard to any other charges owed by tenant to management, and to seek separate legal remedy for the collection of any other charges which may accrue to management from tenant. Management shall maintain the buildings and common areas and grounds the project in a decent, safe, and sanitary condition in conformity v .'.. the requirements of local housing codes and applicable regulations or guidelines of the Department of Housing and Urban Development, except those areas assigned to the tenant for maintenance. Management shall make all necessary repairs, alterations, and improvements to the dwelling unit with reasonable promptness at its own cost and expense, except as otherwise provided in this section. If repairs of defects hazardous to life, health and safety are not made or temporary alternative accommo- dations offered to the tenant within seventy-two hours oftenant reporting same to management, and if it was within management's ability to correct the defect or obtain the correction thereof, then tenant's rent shall abate during the entire period of the existence of such defect while he is residing in the unrepaired dwelling. Rent shall not abate.if the tenant rejects reasonable alternative temporary accommodations. C* When tenant moves in, management shall inspect the dwelling unit and shall give tenant a written statement of the condition of the dwelling unit and the equipment in it. Tenant and/or his representatives may join in such inspection. Tenant agrees that the duly authorized agent, employee, or representative.of management will be permitted to enter tenant's dwelling unit for the purpose of examining the condition thereof or for making improvements or repairs. Such entry may be made only during reasonable hours, after advance notice in writing to tenant of the date, time and purpose, provided, however, that management shall have the right to enter tenant's dwelling unit without prior notice to tenant if manage- ment reasonably believes that an emergency exists which requires such entrance. Management must notify tenant in writing of date, time and purpose of such entry, and of the emergency which necessitated it. The above does not prohibit.management or his agent from entering the unit without prior notice to the tenant in order to make inspections or repairs upon the verbal request of the tenant. When tenant vacates, management will inspect the dwelling unit and give tenant a written statement of the charges, if any, for which tenant is responsible. Tenant and/or his representative may join in such inspection. 5. The management agrees to furnish utilities in accordance with the current Schedule of Utilities posted in the Project Office, 6, LEGAL NOTICES.. Any notice required hereunder will be sufficient if delivered in writing to tenant personally, or to an adult member of his family residing in the dwelling unit, or if sent by certified mail, return receipt requested properly addressed to tenant, postage prepaid. Notice to management must be in. writing, and either delivered to a management employee at the management office of the project within which tenant resides or at the Central Office of the Local Housing Authority, or sent to management by certified mail, properly addressed, postage prepaid. 3 - 7. Grievance Procedure. All grievances or appeals arising under this lease shall be processed and resolved pursuant to the grievance procedure of management which is in effect at the time such grievance or appeal arises, which procedure is posted in the project office and incorporated herein by reference. The Local Housing Authority agrees that any tenant grievance or appeal from management's decision shall be consistent with the Department of Housing and Urban Development's regulations concerning such procedure. 8. Changes: This lease, together with any future adjustments of rent and dwelling unit, evidences the entire agreement between management and tenant. No changes herein shall be made except in writing, signed and dated by both parties. IN WITNESS WHEREOF, the parties have executed this lease agreement this day of 19 at , (city) (state) (Tenant) m - 4 - (Local Housing Authority) (Title)