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HomeMy WebLinkAbout1971-10-20 - Minutes - Archive0 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, October 20, 1971, in the office of the Housing Authority, 226 North Block Street, Fayetteville, Arkansas. On roll call the following members were present: Messrs: Whillock, Gould, and Baxter Absent: Shelton and Douglas Also Present: Hugh Kincaid, David Faught and Ora Belle Rollow. There being a quorum present, the following business was transacted. The Minutes of the regular meeting of September 15, 19712 were approved by motion of Mr. Gould, seconded by Mr. Baxter and carried unanimously. • The financial report for the month of September, was approved by motion of Mr. Baxter, seconded by Mr. Gould and carried unanimously. The minutes of the special meeting of October 12, 1971, were approved by motion of Mr. Gould, seconded by Mr. Baxter and carried unanimously. The Chairman presented Resolution #75 (copy attached); RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS, ESTABLISHING A GRIEVANCE PROCEDURE After discussion, Resolution #75 was adopted by motion of Mr. Baxter, seconded by Mr. Gould and the vote recorded: AYES: Whillock, Gould and Baxter NAYS: None The Chairman appointed Mrs. Delbert Swartz to serve as "Hearing Official, the "Grievance Procedure" and Ralph Hayes as "Alternate" 2 - 11 The Executive Director was instructed to contact these persons about serving and i to consult with the tenants to insure that these persons are viewed as impartial by the tenants. The motion was made by Mr. Baxter and seconded by Mr. Gould. AYES: Whillock, Baxter and Gould NAYS: None The Chairman presented Resolution #76 (copy attached): RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS, ESTABLISHING A SYSTEM OF MISCELLANEOUS CHARGES FOR REPAIR, MAINTENANCE AND REPLACEMENT OF PROPERTY OF PROJECT ARK. 97-1 OWNED BY THE AUTHORITY After discussion, Resolution #76 was adopted by motion of Mr. Gould and seconded by Mr. Baxter and the vote recorded: AYES: Whillock, Gould and Baxter NAYS: None There being no further business the meeting adjourned. ATTEST: • APPROVED: Ll RESOLUTION NO. 75 RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS, ESTABLISHING A GRIEVANCE PROCEDURE BE IT RESOLVED BY THE COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS: ATTEST: 0 1. That the Grievance Procedure annexed hereto is hereby adopted by the Authority. 2. That the Executive Director is hereby directed to initiate all necessary actions to insure the prompt implementa- tion of this procedure. PASSED AND APPROVED on this 20 day of October 1971, Secretary APPROVED: a • GRIEVANCE PROCEDURE 1. RIGHT TO A HEARING Upon filing of a written request a complainant shall be entitled the Impartial Hearing Official. 2. DEFINITIONS as provided herein, to a hearing before a. Complainant is defined as any tenant (or applicant) whose rights, duties, welfare or status are or may be adversely affected by local housing authority action or fail- ure to act and who files a grievance or com- plaint with the local housing authority with respect to such action or failure to act. b. Grievance or Complaint is defined as any dispute with respect to LHA action or failure to act in accordance with lease requirements, or any LHA action or failure to act involving interpretation or application of the LHA's regulations, policies or procedures which affects the rights, duties, welfare or status of the complainant. 3. PROCEDURE PRIOR TO A HEARING a. Any grievance or complaint must be personally presented, in writing to the LHA office so that the grievance may be informally discussed and settled without a hearing. The grievance or complaint must be signed by the complainant and filed in the office by him or his repre- sentative within a reasonable time, not in excess of lq days of the LHA action or failure to act which is the basis for the grievance. It may be simply stated, but shall specify: (1) the particular ground(s) upon which it is based; and (2) the action requested. A copy of the complaint shall be retained by the complainant. All complaints and/or copies must be date-stamped at time of receipt by the LHA. b. An answer in writing to each complaint, dated and signed by the Executive Director or other appropriate official of the LHA, shall be delivered or mailed to the complainant within a reasonable time (generally within five work- ing days). A copy of the answer shall be filed with the -complaint. The answer shall specify: 1. The proposed disposition of the complaint and the specific reasons therefor; 2. The right of the complainant to a hbaring; and 3. The procedure by which a hearing may be obtained. - 2 - C, If the complainant is dissatisfied with the proposed disposition of his complaint, as stated in the LHA official's answer, he may submit a written request, to the LHA for a hearing. This written request shall be made within a reasonable time of the date of'the answer to his complaint (generally ten working days). The written request for a hearing must be date-stamped and filed in the appropriate LHA office along with the complaint and answer. The Hearing Official shall be advised promptly of the request by the appropriate LHA official; shall schedule the t hearing as promptly as possible for a date, time and place reasonably convenient to the complainant; and shall inform the complainant thereof in writing. d. If the complainant does not request a hearing within the time period allowed in Subsection "c" above, he waives his right to the hearing, and the LHA's proposed disposition of the grievance will become final. This shall not, • however, constitute a waiver of the complaint's right thereafter to contest the LHA's disposi- tion of his grievance in an appropriate judi- cial proceeding. 4. SELECTION OF AN IMPARTIAL HEARING OFFICIAL AND ALTERNATE Management will consult with the tenants in the selection of an Impartial Hearing Official and Alternate, to insure that the official selected is in fact viewed as impartial in the eyes of the tenants. a. The Impartial Hearing Official and Alternate may not be an officer or an -employee of the LHA or any of its projects, nor a tenant of the LHA. b. The term of the Impartial Official and Alter- nate will not hear any grievance issue be for a one-year period. C. The Impartial Hearing Official or his Alternate will not hear any grievance issue of a relative. d. For a period of two years after adoption of the Grievance Procedure by the LHA, the LHA shall provide reasonable reimbursement for out-of- pocket expenses for attendance at meetings by the Hearing Official. 5, THE HEARING a. The parties shall be entitled to a fair hearing before the Hearing Official and may be repre- sented by counsel or another person chosen as a representative. b. The hearing shall be private unless complainant requests and the Hearing Official agrees to a public hearing. This shall not be construed to limit the attendance of persons with a valid interest in the proceedings. - 3 -. • C. Complainant may examine before the hearing and, at his expense, copy all documents, records and regulations of the LHA that are relevant to the hearing. Any document not made available, after request therefor by the complainant, may not be relied on by the LHA at the hearing. The complainant may request, in advance and at his expense, a transcript of the hearing. d. If the dispute is over the amount of rent or other charges which the local housing authority claims is due, the complainant shall deposit the amount in dispute in an escrow account pending settlement 6f the dispute by the Hearing Official. If the complainant fails to do so, the Official may determine that the complainant has waived his right to the Hearing. Such determination shall not constitute a waiver of complainant's right to thereafter contest the local housing authority's disposition of his grievance in an appropriate judicial proceeding. • e. If a complainant fails to appear at a Hearing, the Official may postpone the Hearing for five working days, or may make a determination that the complainant has waived his right to the Hearing. Such a determination shall not con- stitute a waiver of complainant's right to thereafter contest the LHA's disposition of his grievance in an appropriate judicial pro- ceeding. f. At the hearing the complainant must make a prima facie case and then the burden of proof is on the LHA to justify the action or inaction proposed by it in its answer to the complaint. The-complainant may present evidence and arguments in support of his complaint, controvert evidence relied on by the LHA or project management, and confront and cross-examine all witnesses on whose testimony or information the LHA relies. Hearings conducted by the Hearing Official shall be informal, and any oral or documen- tary evidence, as limited however, to the facts and issues raised by the complaint and answer, may be received by the Hearing Official with- out regard to whether that evidence would be admissable under rules of evidence employed in judicial proceedings. 6. DECISIONS OF THE IMPARTIAL HEARING OFFICIAL a. The decision of the Hearing Official shall be based solely and exclusively upon facts presented at the hearing and upon applicable LHA and HUD regulations. To the extent that the decision is not inconsistent with State law, the United States Housing Act of 1937, as amended, HUD regulations and requirements promulgated thereunder, or the.Annual Contri- butions Contract, and to the extent provided in subsection "f" below, the decision of the Hearing Official shall be binding on the LHA. • 10 4 - b. If both parties agree to prepare a proposed decision to the Hearing Official; each party shall submit same to the Hearing Official for his consideration. C, The Hearing Official shall prepare his written decision, including a statement of findings and conclusions; as well as the reasons or basis therefor, upon all material issues raised by the parties. This shall be done with in a reasonable time after the date of the hearing. Copies thereof shall be mailed or delivered to the parties and/or their representa- tives. d. The written decision of the Hearing Official, shall be maintained on file by the LHA and made available for inspection by a prospective complainant or his representative. e. Any judicial decision or related settlement pertaining to the decision of the Hearing Official shall also be maintained on file by the LHA and made available for inspection. f. If the decision is in favor of the complainant, the LHA shall promptly take all actions necessary to carry out such decision or re- frain from any action prohibited by such decision unless the Board of Commissioners of the LHA determines and notifies the complainant in writing within 30 days that the Hearing Official has acted arbitrarily or exceeded its authority. In such event the Hearing Official's decision may be judicially reviewed. 7, APPEALS FROM THE HEARING OFFICIAL'S DECISION A decision by the Hearing Official, which is in favor of the LHA and/or denies the complainant his requested relief in whole or in part, shall not constitute a waiver of, nor affect in any manner, whatever rights the complainant may have to trial de novo in judicial proceedings which may thereafter be brought in the matter. In such judicial proceedings, the LHA shall, by stipula- tion or other appropriate means, be limited to invoking against the complainant the grounds originally relied on by the LHA in its proposed disposition of the complaint or grievance. 8. NOTICE TO VACATE PREMISES a. At the time of the private conference re- quired by Low -Rent Housing Handbook RHM 7465.1, the Tenant must be informed in writing of: (1) The specific reasons for the proposed eviction; and (2).his right to request a hearing upon the proposed.eviction within five working days from the date of the conference. 0 - S - b. If the Tenant has requested a hearing on the proposed eviction and the Hearing Official by his decision upholds the LHA's or project management's proposal to evict, an action to regain possession may not be commenced until after the Tenant's right to use and/or occupy the premises has been terminated by lawful notice. Such notice to vacate may not be given prior to the date on which the Hearing Official's decision upholding the proposed eviction is delivered or mailed to the Tenant. C. When such notice to vacate is given to the Tenant, he must be informed in writing that: (1) If he fails to quit the premises within three days, appropriate legal action (dependent on state law) will be brought against him; (2) If suit is brought against him, he may be required to pay Court costs and attorney fees incurred; • (3) If he chooses to contest the legal action, the LHA or project management must prove that the reasons upon which it originally relied constituted good cause for eviction under the applicable law, rules and regula- tions. 10 RESOLUTION N0, 76 RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS, ESTABLISHING A SYSTEM OF MISCELLANEOUS CHARGES FOR REPAIR, MAINTENANCE AND REPLACEMENT OF PROPERTY OF PROJECT ARK 97-1 OWNED BY THE AUTHORITY. BE IT RESOLVED BY THE COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS: 1. That the miscellaneous charges to tenants listed and attached hereto is hereby adopted by the Authority. PASSED and APPROVED this 20 day of October P 1971, APPROVED: CHAIRMAN ATTEST: SECRETARY 0 0 FAYETTEVILLE HOUSING AUTHORITY POLICY AND PROCEDURE MISCELLANEOUS CHARGES TO RESIDENTS Cleaning of Apartment ...................Rated at man hours used, at Garbage Fee ........................$ 1.00 labor cost. Window Screens (Repair).................$2.00, .50 per or replacement cost. Replace Windows .........................$5.00 2.50 per Each, or Use of Air Conditioner .............$ 5.00 per Replacement cost. Repair Screen Doors-Whole ...............$3.50 per or replacement cost. Half ................$2,50 per or replacement cost. Repair of Refrigerator (When fault of tenant) ...... ...$Cost of Repairs by Commerc'l Firm. Mow Tenant's Lawn - Large Area .......... $3,00 Small Area .......... $1,50 Remove Commode for Stoppage (If Tenant's Fault) ...... $5.00 Unstop Commode with Plunger.............$1,50 If it occurs over twice in three months. Replace Towel Bars ......................$ .50 per Lin. Ft. Mower Damage............................$:',.50 to replacement cost. Loss of Tools ...........................$ Replacement cost. Loss of Screen Doors ..... Not less than..$25.00 up to replacement cost. Clean Trash from Yard Area(Minimum).....$1.00 (Maximum) ..... $ Rate of Labor Cost. Replace fuse plug during working hours..$ .20 Replace fuse plug after working hours ... $ 50 Damage to Refrigerator, Range, Etc ...... $ Cost of Material, plus Labor of Mechanic. Unlock an apartment during working hours$ .25 after working hours.$ .50 after 10:00 P.M. .... $1. 0 Up. Extra Keys for Tenant...................25 Each. (Or to replace keys lost or not turned in when vacating) ......................$ .50 Each. Mail Box Keys...........................$1.00 Each. OTHER CHARGES Garbage Fee ........................$ 1.00 per month. Pest Control Fee ...................$ .50 per month. Use of Deep Freezer ................$ 2.50 per month. Use of Air Conditioner .............$ 5.00 per month - 0 Bedroom. $ 7.50 per month - 1 Bedroom. $10.00 per month - 2 Bedroom.