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HomeMy WebLinkAbout1976-01-21 - 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 8:30 o'clock a.m., Wednesday, January 21, 1976, in the office of the Authority, !{1 North School Avenue, Fayetteville, Arkansas. Mr. Gould, Chairman, called the meeting to order. On roll call the following members were present: Commissioners: Gould, Clinton, Morgan, Underwood Commissioners Absent: Taylor Others Present: Chad Kumpe, Bromo Wilson, Delbert Allen, Lorene Lejeune, Pat Warford, Pat Donat, Hugh Kincaid, Marion Orton, Tammi Reed There being a quorum present, the following business was transacted: The Minutes of the December 17, 1975, Regular Meeting were approved by motion of Mr. Clinton, seconded by Mr. Morgan, and carried unanimously. After discussion, the December Financial Statement was approved by motion of Mr. Clinton, seconded by Mr. Morgan, and carried unanimously. Mr. Kumpe asked Mrs. Lejeune to report the status of the Farmer's Market relocation. Mrs. Lejeune stated that sLnce.:Ocpober the Authority has been trying to estab9:;is.h the best way to relocate the Market, and has also been checking into several places which could possibly serve as a new location for the Market. Mrs. Lejeune reported to the Board the possible locations that have been investigated for relocating the Market. MrRxGoua:d asked the Commissioners for nominations for the positions of Chairman and Vice -Chairman otixthe Board for the coming year. Mr. Clinton nominated Mr. Gould for the position of Chairman, and Mr. Underwood for the position of Vice -Chairman. Mr. Morgan seconded the nomination. Mr. Underwood moved the nomination cease; Mr. Morgan seconded the motion. Mr. Gould and Mr. Underwood were elected to the positions of Chairman and Vice -Chairman by acclamation. RESOLUTION NO. 213 RESOLUTION ESTABLISHING FAIR MARKET VALUES FOR DISPOSITION OF LAND - PROJECT ARK. R-105 Mr. Kumpe and Mr. Wilson explained that the Housing Authority has had three appraisals on this property, parcel R-1. The first and • • 2 second appraisals were not approved by HUD because there was more than a fifteen percent difference between the two appraisals. HUD instructed the Authority to get a third appraisal. The lowest of the second and third appraisals is $3,800.00. The school system has expressed interest in this property for expanding their Downtown School programs. Mr. Clinton moved to establish the fair market value of parcel R-1 at $3,800.00. Mr. Underwood seconded the motion, and the motion was carried unanimously. RESOLUTION NO. 214 RESOLUTION ESTABLISHING REVISED POLICIES THAT PERTAIN TO ADMISSION AND OCCUPANCY OF LOW-INCOME HOUSING AND MINIMUM AND MAXIMUM RENT - INCOME RATIOS AND MINIMUM RENT REQUIREMENTS This new rental policy, grievance procedure, dwelling lease, etc., was discussed in the December regular board meeting. HUD has suggested to all Housing Authority's to adopt this new policy. After discussion, Resolution No. 214 was adopted by motion of Mr. Underwood, seconded by Mr. Clinton, and carried unanimously. RESOLUTION NO. 215 RESOLUTION APPROVING SALARY RAISES After discussion, Resolution No. 215 was approved by motion of Mr. Underwood, seconded by Mr. Clinton, and carried unanimously. RESOLUTION NO. 216 RESOLUTION APPROVING THE SUBLEASE OF A PORTION OF THE OLD POST OFFICE BUILDING The City of Fayetteville has requested permission to sublease a portion of the Old Post Office building to the Ozark Guidance Center. After discussion, Resolution No. 216 was adopted by motion of Mr. Underwood, seconded by Mr. Morgan, and carried unanimously. There being no further business, the meeting was adjourned. THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS CHAIRMA or • • RESOLUTION NO. 213 RESOLUTION ESTABLISHING FAIR MARKET VALUES FOR DISPOSITION OF LAND - PROJECT ARK. R-105 WHEREAS the Housing Authority proposes to make available for redevelopment certain lands in the aforementioned project; and, WHEREAS two re -use appraisals have been made of said lands; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS that: 1. The attachment showing the parcel and value is hereby established and adopted. 2. The Executive Director is hereby authorized and instructed to prepare and submit said value to the Cepartment of Housing and Urban Development by proclaimer certificate. 3. The Authority shall proceed to solicit and accept proposals for redevelopment on said parcel in accordance with the requirements of applicable Federal and State laws and regulations. PASSED AND APPROVED THIS 21 DAY OF January , 1976. THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS CHAIRMAN • • • SCHEDULE OF DISPOSITION TRACT AND VALUE FOR RESOLUTION NO. Parcel Sq. Ft. Second Appraisal Thi rd Appraisal R-1 15,076 3,800 Second Appraisal by J. W. Gable 1/17/73 Third Appraisal by Pierce Adams 3/7/74 4,200 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ACKNOWLEDGMENT OF DOCUMENTS Market Value 3,800 Jan. 27, 1976 Project No. Ark. R-105 Date of Transmittal Letter January 21, 1976 Document(s re establishment of Fair Market Value for disposition of land,)R-1 Parcel. LVj Thank you for submitting the document(s) referred to above. Thank you for submitting the document(s) referred to above. Following our review of this material, we will cdigm`unicate with you. Sincerely, Travis Wm. Miller, ARA/CPD, Region e a S. OOVC NucM PAINTING OFFKe un-+l.-LLwn .7 t 11110 RESOLUTION NO. 214 • • RESOLUTION ESTABLISHING REVISED POLICIES THAT PERTAIN TO ADMISSION AND OCCUPANCY OF LOW-INCOME HOUSING AND MINIMUM AND MAXIMUM RENT - INCOME RATIOS AND MINIMUM RENT REQUIREMENTS WHEREAS notice has been given that the Department of Housing and Urban Development has adopted an interim rule amending Chapter VIII of Title 24 by adding Part 860, Subpart B and D of the United States Housing Act of 1937 as amended by the Housing and Community Development Act of 1974; and; WHEREAS the Housing Authority of the City of Fayetteville has been instructed to implement the policies set forth in the interim rule: NOW, THEREFORE, BE IT RESOLVED BY THE.BOARD_OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE,'that the following policies, rules and regulations be adopted and will rescind all previous rules and policies adopted by the Housing Authority: 1. Exhibit A - Statement of Policies Governing Admission to and Continued Occupancy of the Department of Housing and Urban Development Low -Rent Housing Project Operated by Fayetteville Housing Authority. 2. Exhibit B - Dwelling Lease of the Housing Authority of the City of Fayetteville. 3. Exhibit C.- Grievance Procedure of the Housing Authority of the City of Fayetteville. PASSED AND APPROVED THIS 21 DAY OF January , 1976. THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS CHAIRMAN • • ,. • 44,42 • STATEMENT OF POLICIES GOVERNING ADMISSION TO AND CONTINUED OCCUPANCY OF TEE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LOW -RENT HOUSING PROJECTS OPERATED BY .4441,17.7 -Lit. HOUSING AUTHORITY SECTION I. SELECTION OF TENANTS A. Nondiscrimination The Public Authority shall not discriminate because of race, color, creed or national origin in the leasing, rental, or other disposition of housing or related facilities (including land) included in any project or projects under its jurisdiction covered by a contract for annual contributions under the United States Housing Act of 1937, or in the use or occupancy thereof. The Public Authority shall not, on account of race, color, creed, national origin, sex, or religion, 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. Public Authority records with respect to applications for admission to aNy low -rent housing assisted under the United States Housing Act of 1937 shall indicate as to each application the date and time of receipt; 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, identification, and cir- cumstance of each vacancy offered and accepted or rejected. Public Authority records with respect to inquiries from families prior to commence- ment of formal application -taking or duringaperiod 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 Public Authority with respect to such family. B. Standards Relevant information respecting habits or practices to be considered may include, but is not limited to: (1) An applicant's past performance in meeting financial obligations, especially rent; (2) A record of disturbance of neighbors, destruction of property, or living or housekeeping habits at prior residences which may adversely affect the health, safety or welfare of other tenants; and (3) A history of criminal activity involving crimes of physical violence to persons or property and other criminal acts which would adversely affect the health, safety or welfare of other tenants. At least 20 percent of the dwelling units in any project placed under annual contributions contract in any fiscal year beginning after September 26, 1975, shall be occupied by very low-income families as defined in this policy. C. Eligibility for Admission There are to be eligible for admission only those applicants 1. who qualify as a family: For the purpose•of determiding eligibility a family is defined as: A group of persons regularly living together, related by blood, marriage, or adoption, or a single parson if elderly, disabled, handicapped, or displaced. Other persona, including foster children and members temporarily absent may be considered a part of the family group if they are living or will live regularly with the family. 2. Eligibility for admission will be determined by total family income less the following deductions: a. A deduction of amounts for unusual occupational expenses not compensated for by the employer, such as special tools and 2 • • • • • • • equipment, but only to the extent to which such expenses exceed normal and usual expenses incidental to the type of employment engaged in by the employee. b. Deductions from wages if required by law or by employer as a condition of employment, such as for 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. c. 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. d. Reasonable amounts paid for care of children or aged or inca- pacitated family members to permit family members to work, if no one else in family can provide the necessary care. In no event can this deduction exceed the amount earned by family member thus released. Deductions for this item shall not exceed $ a o, ooper week. e. Predictable costs of medical care for family members with a continuing illness, if not covered by insurance. Deduct only the amount by which such costs exceed three percent of total family income. f. An amount of $ /0 0.00a month to cover personal expenses if head of family is in Armed Services, stationed away from home, and is not living in the dwelling unit except where this ex- ceeds the balance of the serviceman's pay after his portion of the dependents' 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. g. All amounts paid by the U. S. Government for disability or death occurring in connection with military service. 3. whose net family assets do not exceed $/o, o oofor elderly and family, $oo for families, unless such assets, together with the net income of the family, are not sufficient for it to obtain and maintain adequate accommodations on the private market. 4. who at time of admission: a. are actually without housing due to causes other than the fault of the applicant, or b. about to be without housing due to causes other than the fault of the applicantl/, or c. are to be displaced through action by any public body or court as the result of an improvement program or enforcement of housing standards. 1/ Circumstances under which a family is living in standard housing and because it is paying rent beyond its means could be expected within the very near future to be without housing, could be con- sidered in this category. The determination as to whether rent is beyond the means of any particular family will be made by the Executive Director prior to admission. -2- • • • • • • i • • • • • D. Order of Preference. First preference shall be given to residents of the City/County of ,antrLCtc. /LJ As among eligible applicants from this city/county, the follow g order of preference will be applied in 'selecting tenants for admission 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 1 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. E. Processing Applications for Admission 1. A written application signed by a responsible member of the family will be obtained from each family seeking admission to the project. 2. All information relative to net family income, net assets and preference rating will be verified and all verified findings will be documented and recorded in the tenant folder. (a) Such documentation may include reports of interviews, letters or telephone conversations with reliable sources. As a minimum, such reports shall indicate the date, the source of the infor- mation, including the name and title of the individual contacted, and a resume of the information received. (b) Suggested sources of information. Sources of information may include, but are not limited to, the applicant (by means of interviews or home visits), landlords, employers, family social workers, parole officers, court records, drug treatment centers, clinics, physicians or police departments where war- ranted by the particular circumstances. (c) In the event of the receipt of unfavorable information with respect to an applicant, consideration shall be given to the time, nature, and extent of the applicant's conduct and to factors which might indicate a reasonable probability of favorable future conduct or financial prospects. For example: (1) Evidence of rehabilitation; (2) Evidence of the applicant family's participation in or willingness to participate in social service or other appropriate counseling service programs and the avail- ability of such programs; (3) Evidence of the applicant to increase family income or employment programs in family's willingness to attempt and the availability of training the locality. 3. Verified information will be anaxyzed and a determination will be made with respect to the following: -3- • • ikt . _, e. Eligibility of applicant as a family. b. Eligibility of applicant with respect to income limits for admission. c. Eligibility of applicant with respect to net assets. d. Size of unit required for the family. e. Preference category to which the family belongs. f. Urgency of the family's need for housing. g. Rent which the family should pay. 4. As a part of the application record the Executive Director will certify to the actions taken and determination made in the apace provided on the application form. Notification: (a) The PHA shall promptly notify any applicant determined to be ine:igtble for admission to a project of the basis for such determination and shall provide the applicant upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing on such determination. (b) When a determination has been made that an applicant is eligible and satisfies all requirements for admission including the tenant selection criteria, the applicant shall be notified of the approximate date of occupancy insofar as that date can be reasonable determined. F. Unit Size Required. The following standards will determine the number of bedrooms required to accommodate a family of a given size and composition, except that such standards shall be waived when necessary to achieve and maintain full occupancy: 1. No. of Bedrooms No. of Persons Minimum Maximum 1 1 3 2 2 5 3 4 7 4 6 9 • 2. An unborn child will not be counted as a person. 3. Dwelling units will be so assigned that: a. Children under 3 years of age may occupy same bedroom with parents. b. Other than husband and wife, persons of opposite sex over (o _ 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. G. Leasing of Dwelling Units. 1. A lease agreement shall be signed by a responsible member of the family accepted as a tenant and the Executive Director of the Public Housing Authority, prior to actual admission. -4- 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 provisions of the lease, either a. a new lease agreement will be executed, or b. an appropriate rider will be prepared and made a part of the existing lease, or appropriate insertions will be made within the instrument. All copies of such riders or insertions are to be dated and signed or initialed by the tenant and by the Executive Director. SECTICN II. ELIGIBILITY FOR CONTINUED OCCUPANCY AND PERIODIC REEXAMINATION A. Eligibility for Continued Occupancy. There are to be eligible for continued occupancy only those occupants, 1. who qualify as a family as defined in Section I, except that a person or persons remaining in the residuum of a family may be permitted to remain in occupancy in units of appropriate size; 2. whose total family income less the deductions in Section I.C.2 does not exceed the appropriate income limits. and a.#:th 3. whose net family income at the time of reexamination, less the fol- lowing exemption, does not exceed the appropriate income limits for continued occupancy, as approved by the Department of Housing and Urban Development: All amounts paid by the U. S. Government for disability or death occurring in connection with military service. S, 000 4. whose net family assets do not exceed $ ftaxevElderly, $/01 000 Regular unless such assets together with the net income of the family are not sufficient for it to obtain and maintain adequate accommodations on the private market. B. Periodic Reexaminations. The eligibility of all families is to be reexamined at least once every 12 months and upon determination of net family income for the ensuing year, the rent shall be adjusted accordingly. 1. Scheduling of Reexaminations. Tenants will be reexamined each year on the anniversary date estab- lished by their first reexamination. The time between admission and first reexamination of a tenant may be extended to not more than 18 months only in order to fit the established reexamination schedule. 2. Special Reexaminations. When it is not possible to estimate net family income with any reason- able degree of accuracy at time of admission or regular reexamination, a temporary determination will be made with respect to income and rent• and a special reexamination will be scheduled. Such special reexami- nations will be scheduled within 60, 90, or 120 days, depending upon the family's circumstances. The tenant will be notified in advance and in writing as to the date of the special reexamination. 3. Reexaminations Procedures a. At the time of reexamination, a responsible member of the family will be required to sign an application for continued occupancy. b. Employment and income data will be verified, and all verified findings will be documented and placed in the tenant's folder. • • •3 l • c. Verified information will be analyzed and a determination will be made with respect to the following: (1) Eligibility of tenant as a family or the residuum of a family. :2) Eligibility of tenant with respect to income limits for continued occupancy. Eligibility of family with respect to net assets. kg) Size of unit required for the family. (5) Rent which the family should pay. Net family income will be computed in accordance with the defi- nitions and procedures set forth in Section IV of this instrument. 4. Action Following Reexaminations a. If there is any change in the rent, the lease will be amended or a new lease will be executed. b. If any change in the size of unit occupied is indicated, the tenant will be moved to a unit of an appropriate size and a new 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 reexamination, it is found that the income of a family has increased beyond the approved income limit for continued occupancy or the family is otherwise ineligible, the Public 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 Public Authority decides to permit the family to continue in occupancy for the duration of such situation. In that event, the Public Authority shall (1) make a written determination to that effect giving the reasons, and (2) require the over -income family to pay the in- creased 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 reexamined, the Executive Director,will certify to the determinations in the space provided on the application for continued occupancy. SECTION III. ESTABLISHING RENTS BETWEEN ADMISSION AND FIRST REEXAMINATION AND BETWEEN SCHEDULED REEXAMINATIONS A. Fixed Rent System. There shall be no adjustments in rent between scheduled reexaminations except for hardship as adopted below. 1. When the income of a tenant family decreases, between admission and first reexamination or between regular reexaminations, to a point where the family is unable to pay the established rent, the rent will be adjusted in accordance with the family's reduced in- come by the Executive Director. 2. Complete justification in such cases will be presented in writing to the Executive Director for approval before any such action is taken. • • • i • 3. A tenant who has been granted a reduction in rent under this provision shall be required to report monthly on his situation until time for his regularly sdheduled reexamination. If net family income increases during this time, the rent will be in- creased accordingly. A fully documented record of the circumstances and decisions shall be included in the tenant's folder by the Executive Director. SECTION IV. DEFINITIONS AND PROCEDURES TO BE USED IN DETERMINING INCOME FOR RENT A. Total Family Income. Total family income means income from all sources of (1) the head of the household and spouse, and (2) each additional member of the family residing in the household who is at least eighteen years of age, antic- ipated to be received during the twelve months following admission or reexamination of family income, exclusive of the income of full-time students (other than the head or spouse) and income which is temporary, nonrecurring or sporadic as defined in this section. Total family income shall include that portion of the income of the head of the household or spouse temporarily absent which, in the determination of the PHA, is (or should be) available to meet the family's needs. Total family income includes, but is not limited to, the following: 1. The full amount, before any payroll deduction, of wages and salaries, including compensation for overtime and other compensation for per- sonal services (such as commissions, fees, tips, and bonuses). 2. Net income from operation of a business or profession (expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine net income from a business). 3. Interest, dividends, and net income ofany kind from real or personal property. 4. The full amount received from annuities, periodic payments from insurance policies, retirement income, pensions, periodic benefits for disability or death, and other similar types of periodic receipts. 5. Payments in lieu of earnings, such as unemployment and disability compensation, social security benefits, workmen's compensation and dismissal wages. 6. Welfare assistance payments. 7. Periodic and determinable allowances, such as alimony and regular contributions or gifts, including amounts received from any persons not residing in the dwelling. 8. All regular pay, special payments overseas duty, rental allowances, received by a member of the Armed and allowances (such as longevity, allowances for dependents, etc)) Forces. 9. Payments to the head of the household for support of a minor, or payments nominally to a minor for his support but controlled for his benefit by the head of the household or a resident family member other than the head, who is responsible for his support. B. The following is not considered income: 1. Temporary, nonrecurring or sporadic income. Temporary, nonrecurring or sporadic income includes the following income: a. Casual, sporadic and irregular gifts, and amounts which are specifically received for, or are a reimbursement of, the cost of illness or medical care. -7- .10 • • l 'd • • • b. Lump -sum additions to family assets, such as, but not necessarily lillajred to, inheritances; insurance payments, including payments unJNi heath and accident insurance and workmen's compensation, crpitai gains, and settlements for personal or property losses. c. Amounts of educational scholarships paid directly to the student or to the educational institution and amounts paid by the United States Government to a veteran for use in meeting the cost of tuition, fees and books, to the extent that such amounts are so used. d. Relocation payments made pursuant to Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. e. e. The value of the coupon allotments for the purchase of food in excess of the amount actually charged an eligible household pursuant to the Food Stamp Act of 1964. f. Payments received by participants or volunteers in programs pursuant to the Domestic Volunteer Services Act of 1973. Payments received by participants in other publicly -assisted programs as reimbursement for out-of-pocket expenses incurred (special equipment, clothing, transportation, reimbursement for child care, and so forth, which are made solely to allow participation in a specific program and cannot be used for other purposes). g. C. Family income. Family income means total family income less the following: 1. A deduction of five percent of total family income, except that the deduction shall he ten percent in the case of an elderly family. 2. A deduction for extraordinary medical expenses, defined for this purpose to mean medical expenses in excess of three percent of total family income, where not compensated for or covered by insurance. 3. A deduction of amounts for unusual occupational expenses not com- pensated for by the employer, such as special tools and equipment, but only to the extent to which such expenses exceed normal and usual expenses incidental to the type of employment engaged in by the employee. 4. A deduction of amounts paid by the family for the care of children or sick or incapacitated family members when determined to be necessary to employment of the head or spouse, except that the amount deducted shall not exceed the amount of income received by the family member thus released. 5. An exemption of the first $300 of the income of a secondary wage- earner who is the spouse of the head of the household. 6. An exemption of $300 for each member of the family residing in the household (other than the head or spouse) who is under eighteen years of age or who is eighteen years of age or older and disabled, handicapped or a full-time student. 7. An amount equal to the sums received by the head of the household or his spouse from, or under the direction of, any public or private nonprofit child -placing agency for the care and maintenance of one or more persons who are under eighteen years of age and were placed in the household by such agency. No person in the family shall be entitled to more than one exemption. -8- 1 • • • .• • • • D. Minimum rent to income ratio and minimum rent. The rent for any dwelling tit shall not be less than the higher of (a) five percent of the gross income of the family occupying the dwelling unit, or (b) if the family is receiving payments for welfare assistance from a public agency and a part of such payments, adjusted in accordance with the family's actual housing costs, is specifically designated by such agency to meet the family's housing costs, the portion of such payments which is so desig- nated. For the purpose of ascertaining the higher of paragraphs (a) and (b) of this section, the rent under paragraph (b) of this section shall be established by a finding thereof by the Secretary of HUD. In the absence of such finding, the rent shall be the fair market rent established by the Secretary pursuant to Part 888 of this chapter. If the rent established by the Secretary exceeds the maximum dollar payment for shelter and utilities permitted by the welfare agency, the rent shall be established as the maximum dollar payment payable by the welfare agency for shelter and utilities. E. Maximum gross rent to income ratio. Subject to the provisions of paragraph D above, the rent for any dwelling unit shall not exceed one quarter (25X) of family income as defined in this Policy. F. Definition of Terms Used in This Statement of Policies. 1. Contract rent. Contract rent means the rent charged a tenant for the use of the dwelling accommodation and equipment (such as ranges and refrigerators but not including furniture), services, and reasonable amounts of utilities determined in accordance with the PHA's Schedule of Allowances for Utilities supplied by the project. Contract rent does not include charges for utility consumption in excess of the public housing agency's Schedule of Allowances for Utility Consumption, or other miscellaneous charges. 2. Disabled person. Disabled person means a person who is under a disability as defined in Section 223 of the Social Security Act or in Section 102(5) of the Developmental Disabilities Services and Facilities Construction Amendments of 1970 or is handicapped as defined in this section. Section 223 of the Social Security Act defines disability as: (A) 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 can be expected to last for a continuous period of not less than 12 months; or (B) in the case of an individual who has attained the age of 55 and is blind(within the meaning of "blindness" as defined in Section 416(i)(1) of this title), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abil{ties comparable to those of any gainful activity in which he"has previously engaged with some regularity and dyer a sub- stantial period of time. • Section 102(5) of the Developmental Disabilities Services and Facilities Construction Amendments of 1970 defines disability as: * * * a disability attributable to mental retardation, cerebral palsy, epilepsy, or another neurological condition of an individual found by the Secretary (of Health, Education, and Wel- fare) to be closely related to mental retardation or to require treatment similar to that required for mentally retarded indi- viduals, which disability originates before such individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to such individual. -9- • • 3. Displaced family. Displaced family means a person or a family displaced by governmental action, or whose dwelling has been extensively damaged or destroyed as a result of a disaster de- clared or other -wise formally recognized pursuant to Federal disaster relief laws. 4. Elderly family. Elderly family means a family whose head or spouse or whose sole member is at least sixty-two years of age, or disabled as defined in this section, and may include two or more elderly, disabled or handicapped persons living together, or one or more such persons living with another person who is determined to be essential to his or her care and well being. 5. Family. The term family shall be defined by the PHA in accordance with applicable law, but with respect to single persons, such ' definition shall include only an elderly family as defined in this section, or a displaced family as defined in this section, or the remaining member of a tenant family. 6. Full-time student. Full-time student means a person who is carrying a subject load which is considered full-time for day students under the standards and practices of the educational institution attended. 7. Grose income. Gross income means total family income as defined in this section. 8. Gros rent. Gross rent means contract rent plus the PHA's estimate of the cost to the tenant of reasonable quantities of utilities determined in accordance with the PHA's schedule of allowances for such utilities, where such utilities are purchased by the tenant and not included in the contract rent. 9. Handicapped person. Handicapped person means a person having an impairment which (1) is expected to be of long -continued and indefinite duration, (2) substantially impedes his ability to live independently, and (3) is of such a nature that such disability could be improved by more suitable housing conditiona. 10. Bead of the household. Head of the household means the family member who is held responsible and accountable for the family. 11. Rent. Rent means gross rent as defined in this section. 12. Spouse. Spouse means the husband or wife of the head of the household. 13. Utilities. Utilities mean'water; electricity, gas, other heating, refrigeration and cooking fuels, trash collection and sewerage services. TeleThone service is not included as a utility. 14. Very lom--.-:com•:, family. Very low-income family means a family whose t3';al Emily income does not exceed 50 percent of the mei-ran rctal family income for the area, with adjustments for smaller and larger families, as determined by the Secretary. 15; Minor. A person who is under eighteen years of age (other than the head of the family or spouse) or who is eighteen years of age et nide r and disabled, handicapped or a full-time student. 16. Ve_'.- For the purpose of applying preferences and waiving the :,'.o�;;��, requirement a "Veteran" means a person who has pr•.'� 1 sr.r:c,l 'u c ; active ,military or naval service of the United States and vho =_.;/.l. have been discharged or released therefrom under condzci•:na other than dishonorable. 17. 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. 18. Residuum. The remaining member(s) of a tenant family. -10- • • • • • Account No. HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE DWELLING LEASE Project No. Bedrooms (de The Housing Authority of the City of Fayetteville (herein called the "LAA") leases to (herein called "Ten- ant") for himself/herself and his/her 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 $ (not to exceed LHA estab- lished security deposits) 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 LHA on the first day of each calendar month and may be terminated by either party pursuant to paragraph (13) of this lease by giving notice pursuant to paragraph (12) of this lease. 2. The following utilities will be furnished by the LHA without additional cost to the tenant: Management agrees to furnish utilities as allowed in the Posted Schedule in Office of Management 3. The following utilities will be paid for by the tenant: Electricity and Excess Gas used over allotted amount beyond posted schedule at the then current rate ap•licable. 4. R JJEFERMMTION OF RENT, DWELLING SIZE, AND ELIGIBILITY. Once each year as requ-seed by LHA, tenant agrees to furnish accurate information to LHA as to family income, employment, and certification of family compo- sition, for use by LHA 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 State- ment of Income and Occupancy Limits available in the Project Office. Any rent that is changed as a result of a redetermination as outlined above will become effective on the first of the calendar month following each redetermination. a. Rent as fixed in Section 1 hereof or as redetermined pur- suant 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/her 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/her public assistance is terminated. Such a change must be reported to LHA within ten (10) days of its occurrence. (3) It is found that tenant has misrepresented to LHA the facts upon which his/her rent is based, so that the rent he/she is paying is less than he/she should have been charged. If this found then the increase in rent may be made retroactive. In the event of any rent adjustment pursuant to the above, manage- ment will mail or deliver a "Notice of Rent Adjustment" to tenant in accordance with Section 12 hereof. In the case of rent de- creases, the decrease will become effective the first day of the following month. In case of rent increases, the increases will have effect the first day of the second following month, unless the rent increase results from a finding of intentional mis- representation under Section 4.a (3) above. b. If the LHA determines that the size of the dwelling unit is no longer appropriate to tenant's needs, LHA must notify the tenant in accordance with Section 12 hereof. LHA 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, when available, giving tenant a reasonable time in which to move -2- .c. If LHA finds that tenant's income has•increased so that it is above the approved income limits for continuing occupancy in low -rent housing, LHA will then determine whether or not tenant can, with reasonable effort, find other suitable housing. (1) If LHA 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. LHA will notify tenant of the rent adjust- ment in accordance with Section 12 hereof. The adjust- ment will become effective the first day of the follow- ing month. (2) If LHA determines that tenant can, with reasonable effort, find other suitable housing, it will notify tenant that tenant has 6 months to find other housing and move, in accordance with Section 12 hereof. S. The monthly rental on leased premises as adjusted by reason of changes provided in paragraph 4 above is as follows: Net Family Income No. ]Minors Monthly Rent Date Effective Tenant Management 6. TENANT's RIGHT TO USE AND OCCUPY: The tenant shall have the right to exclusive use and occupancy of the leased premises which shall include accom- modation of the tenant's guests or visitors and, with the written consent of the LHA, may include care of foster children and live-in care of a member of the tenant's family, except that a visit may not extend beyond two weeks without LHA approval and not to exceed two weeks per year. 7. THE LHA's OBLIGATIONS: The LHA agrees to the following: a. To maintain the premises and the project in a decent, safe and sanitary condition; b. To comply with requirements of applicable building codes, hous- ing codes, and MUD regulations materially affecting health and safety; c. To make necessary repairs to the premises; d. To keep project buildings, facilities and common areas not otherwise assigned to the tenant for maintenance and upkeep, in a clean and safe condition; e. To maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances; f. To provide and maintain appropriate receptacles and facil- ities (except containers for the exclusive use of an in- dividual tenant family) for the deposit of ashes, garbage, rubbish and other waste removed from the premises by the tenant in accordance with paragraph 8.g below. 8. TENANT's OBLIGATIONS: The tenant agrees to be obligated as follows: a. Not to assign the lease or sublease the premises; b. Not to provide accomodations for boarders or lodgers; c. To use the premises solely as a private dwelling for the tenant and the tenant household as identified in the lease, and not to use or permit its use for any other purpose, nor to keep pets; d. To abide by the necessary and reasonable regulations pro- mulgated by the LHA for the benefit and well-being of the housing project and the tenants which shall be posted in the project office and incorporated by reference in this lease; e. To comply with all obligations imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; f. To keep the premises and such other areas as may be assigned to him/her for his/her exclusive use in a clean and safe condition; g. To dispose of all ashes, garbage, rubbish, and other waste from the premises in a sanitary and safe manner; 6. • • • • • 0 • -3- 8. (cont'd.) • • h. To use only in a reasonable manner all plumbing, sanitary, heating, and ventilating facilities; i. To refrain from, and to cause his/her household and guests to refrain from destroying, defacing, damaging, or removing any part of the premises or project; j. To pay reasonable charges (other than for normal wear and tear) for the repair of damages to the premises, project buildings, facilities or common areas caused by the tenant, his/her household or guests; k. To conduct himself/herself and cause other persons who are on the premises with his/her consent to conduct themselves in a manner which will not disturb his/her neighbor's peaceful enjoyment of their accommodations and will be conducive to maintaining the project in a decent, safe and sanitary con- dition; 1. To refrain from illegal or other activity which impairs the physical or social environment of the project. 9. DEFECTS HAZARDOUS TO LIFE HEALTH OR SAFETY. In the event the pre- mises are damaged by defects in construction, fire, flood, windstorm or other causes to the extent that conditions are created which are hazardous to life, health, or safety of the occupants, the following shall apply: a. The tenant shall immediately notify the project manager of the damage; b. The LHA shall be responsible for repair of the unit within a reasonable time, provided that, if the damage was caused by the tenant, tenant's household or guests, the reasonable costs of the repairs shall be charged to the tenant; c. The LHA shall offer standard alternative accommodations, if available, in circumstances where necessary repairs cannot be made within a reasonable time; and d. The tenant's rent shall be abated in proportion to the ser- iousness of the damage and loss in value as a dwelling in the event repairs are not made in accordance with subparagraph b. above or alternative accommodations not provided in accord- ance with subparagraph c above, except that no abatement shall occur if the tenant rejects the alternative accommoda- tions or if the damage was caused by the tenant, tenant's house- hold or guests. 10. PRE -OCCUPANCY AND PRE-TER•IINATION INSPECTIONS. The LHA and the tenant or his/her representative shall be obligated to inspect the premises prior to commencement of occupancy by the tenant. The LHA will furnish the tenant with a written statement of the condition of the premises, the dwelling unit, and the equipment provided with the unit. The statement shall be signed by the LHA and the tenant, and a copy of the statement shall be retained by the LHA in the tenant's folder. The original statement shall be retained by the tenant. The LHA shall be further obligated to inspect the unit at the time the tenant vacates the unit and to furnish the tenant a statement of any charges to be made in accordance with paragraph 15 of this lease. The tenant or tenant's representative shall participate in this inspection unless the tenant vacates without notice to the LHA. • 11. ENTRY OF PRFT1ISES DURING TENANCY. The tenant shall allow entry on the premises under his/her possession, under the following circumstances: -4- 11. (Cont'd) a. The LHA shall, upon reasonable advance notification to the tenant, be permitted to enter the dwelling unit during reason- able hours for the purpose of performing routine inspections and maintenance, for making improvements or repairs, or to show the premises for re-leasing. A written statement speci- fying the purpose of the LHA entry delivered to the premises at least two days before such entry shall be considered reason- able ^dWnce notification; b. The LI -'A my ^rater the premises at any time without advance notificat:.on schen there is a reasonable cause to believe that an emerge: ay -.Nxists; and c. In the evil that the tenant and all adult members of his/her are absent from the premises at the time of entry, [•'tail leave on the premises a written statement sr:cc:.-yi.ng the date, time and purpose of entry prior to leaving the ,•-'curses. 12. NCTICI, PPDCEDURES. The following procedure shall be followed by tt :. .. _ ,1 is in giving n Lica one to the other: a. L' s : c as provided in paragr:;<< 11 above, notice to the tenant &):;. be in writing and delia-:r-red to the tenant or to an adult marter of the tenant's household residing in the dwelling, or sunt by prepaid certified or first-class mail properly addressed to the tenant; and b. Notice to the LHA shall be in writing, delivered to the project office or the IIIA central office or gent by prepaid certified • cr first-class mail properly addressed. 13. TERMI YTTfN OF THE LEASE. The termination provisions are as follows: a. The LHA shall not terminate or refuse to renew the lease other than for serious or repeated violation of material terms of this lease such as failure to make payments due under the lease or to fulfill the tenant's obligations set forth in paragraph 8 above, or for other good cause; b. The LHA shall give written notice of termination of the lease of: (1) 14 days in the case of failure to pay rent; (2) a reasonable time commensurate with the exigencies of the situation in the case of creation or maintenance of a threat to the health or safety of other tenants or LHA employees, but not to exceed 30 days; and (3) 30 days in all other cases. c. The notice of termination to the tenant shall state reasons for the termination; shall inform.the tenant of his right to make such reply as he may wish and of his right to re- quest a hearing in accordance with the LHA's grievance pro- cedure; d. The tenant may terminate this lease by giving 5 days written notice prior to vacation of the premises in accordance with paragraph 12 above. 14. GRIEVANCE PROCEDURES. All disputes concerning the obligations of the tenant or fhe LHA shall be resolved in accordance with the grievance procedures adopted by the LHA, which shall be posted in a con- spicuous manner in the Project Office. This procedure is hereby incor- porated by reference. This grievance procedure shall comply with HUD's regulations, namely Sec. 866.50 and any amendments thereto. 15. p CIIARGES. The charges to tenants for maintenance and repair beyond normal wear and tear shall be based on a schedule posted in the Project Office. The amounts charged for excess utility con- sumption shall not be pro rata, but by direct meter readings of units, and shall be based upon posted utility schedule at the office of the LHA, at the then current utility rate. 16. PAYMENT OF CHARGES The charges assessed against the tenant under paragraph 15 above and any late payment penalties, if applicable, shall not become due and collectible prior to the first day of the second month following the month in which the charge is made, except that the tenant voluntarily pays such charges prior to specified date. • • • • 17. PROVISIONS FOR MODIFICATIONS. Modification of this lease shall be accomplished by a written rider executed by both parties except for para- graph 4 above and the posting of policies, rules and regulations. IN WITNESS WHEREOF, the parties have executed this lease agreement this day of , 19 at'. HOUSING AUTHORITY OF THE CITY OF By Tenant Tenant • GRIEVANDIO • 1' ' •3r•,, 'i ..;CA ?'' UW."9:'S f.7, 7S ]ii "i ,{ 1'. ' ISppllcabYYityr 1:(0 •(a)' '1 as grievance pineediae shelf fba 40101iis09l8`t6 iii • individual gi'iev- inces as defined in paragraphltai bei r bd6i een the .'tehent "and the PHA. -• (b) The PHA grievance procedure shall' not be a0piicbble'io'disputes'between tenants not involving the PHA or to class gtievances. the grievance< procedure is not intended as•'a`'foruin`I&rinitiating orinegotiating • policy changes between a 000 Or ggroups''of .tetants and' the •PHA'a ••' • • Board of Commissioners. Definitions (a) Grievance shall mean any dispute abidi a tenant may have with respect to PHA action or failure to act in aocordaite with the individual tenant's lease or PHA regulations which adversely affect the indi vidual tenant's rights, duties, welfare or status. ' (b) Complainant shall mean any tenant whose grievance is presented to the PHA or at the project msnagemeft•offionn accordance with para- graphs 1 and 4(a). (c). Elements of due process shall mean an eviction action or a tertinatian of tenancy in a state or local court in which the following procedural safeguards are required: (i) Adequate notice to the tenant of the grounds for terminating the tenancy and for eviction; (ii) Opportunity for the tenant to•ei:Seine all relevant documents, ?records and regulations of the PHA prior to the trial for the purpose of preparing a defense; (iii) Right of tenant to be represented by co niel; (iv) Opportunity for the tenant to refute the evidence presented by the PHA including the right to confront and cross-examine witnesses and to present any affirmtive legal or equitable defense which the tenant may have; and (v) A decision on the merits. (d) Hearing Officer shall mean a person selected in accordance with para- ( graph 4 to hear grievances and render a decision with respect thereto. • • • • • • • • !^snit,; (•;, (e) Hearing panel shall mean -a pane1selected in accordance with para- graph 4 to hear grievances and render a decision with respect,theretq. (f) Tenant shall meanrany lessee or the remaining head of the household of any tenant familTtesidingiip housing accommdations covered under this grievance procedure. (g) PHA shall mean.the Housing Authority of the City of 3• ,Informal Settlement ;. Any.grievance shall be personally presented, either,orally or in writing, to the PHA office or to the Office of the Project, in which the, complainant resides so that the grievance may be discussed• informally and settled without a hearing. A swnnary of such discus'ion shall be prepared within a reasonable time and ene copy:shall be..given to the tenant and one retained in the PHA's tenant file. -.,,The summary shall.specify the names of the participants, dates•of meeting, the nature of the proposed disposition of the complaint and.the specific reasons therefor, and shall specify' the procedures by which a hearing under paragraph 4 maybe obtained if the complainant is not satisfied. 4. Procedure to Obtain a Hearing (a) Request for Hearing., The complainant.shall submit a written request N for a hearing to the PHA, er to, tlje, pTeject office within_ ten working days after receipt of the summary of discussion pursuant to paragraph 3.above. The written repuest,shall.specify: (i) The" reasons for the grievapce;, and (zi) -The action or relief sought... , r4 (b) Selection of Hearing Officer or Hearing•Panel. Grievances shall be presented before a hearing officer or hearing, panel. A hearing officer or hearing panel shall. be selected as follows: (i) The hearing officer shall.,be..an irrtial•, disinterested person selected jointly by the PHA and the. complainant. If the PHA and the complainant canaet agree. on a- hearing officer, they shall each appoint a member of a hearing.panelrand,the.member so Appointed shall select a third niarObler,,, If the members appointed by the PHA,and the, cemplai1ant,Inot,agree.on a ,third member, such member shall be,appointed by.an.,independent organization such 2- • • • as the Center for Disputes Settlanent.of the American Atiattation Association, or by any ether third party agreed upon by the PHA and the complainant. . (ii) In lieu of the procedure in (i) above, the PHA may provide for the appointment of hearing officer or hearing panels by any method which is approved by:the majority of tenants.(in.any building, group of buildings, or project, or group of projects) voting in an election or meeting of tenants held for the purpose, (c) Failure to Request a Hearing. If the complainant does.not request a hearing in accordance with this paragraph, then the PHA's disposition of the grievance under paragraph (3) above shall becpme,final, provided that failure to request a hearing shall not constitute a waiver,by the complainant of his right thereafter to contest the PHA's action in disposing of the complaint in an appropriate judicial proceeding. (d) Hearing Prerequisite. All grievances shall be personally presented either orally or in writing, pursuant to the informal procedure pre- scribed in paragraph 3 above as a condition precedent to a hearing under this section, provided, that if the complainant shall show good cause why he failed to proceed in accordance with paragraph 3 above to the hearing officer or hearing panel, the provisions of this sub- paragraph may be waived by the hearing officer or hearing panel. (e) Escrow Deposit. Before a hearing is scheduled in any grievance in- volving the amount of rent in the tenant's lease which the PHA claims is due, the complainant shall pay to the PHA an amount equal to the amount of the rent due and payable as of the first of the month preceding the month in which the act or failure to act took place. The complainant shall thereafter deposit the same amount of the monthly rent in an escrow account monthly until the complaint is resolved by decision of the hearing officer or hearing panel. These requirements may be waived by the PHA in extenuating circumstances. Unless so waived, the failure to make such payments shall result in a termination of thegrievance procedure, provided, that failure to make payment shall not constitute a waiver of any right the complainant may have to contest the PHA's disposition of las grievance in any appropriate judicial proceeding. 3 ti • ^ (f) Schedule of Hearings. Upon caaplainant.'s:compliance with subparagraphs (a), (d) and (e) of this paragraph•:4; a hearing shall be scheduled by the hearing officer or hearing panel promptly for a time and place reasonably convenient to both the complainant and the PHA. A written notification specifying the tine,. place and the procedures governing the hearing shall be delivered to the complainant and the appropriate PHA official. 5. Procedures Governing the Hearing. (a) The hearing shall be held before a hearing officer or hearing panel as appropriate. (b) The 'colainant shall be afforded .a fair hearing providing the basic safeguards of due process which shall include: (i) The opportunity to examine before the hearing and, at the expense of the complainant, to copy all documents, records and regulations of the PHA that are relevant to the hearing. Any document not so made available after request therefor by the complainant may not be relied on by the PHA at the hearing; (ii) The right to be represented by counsel or other person chosen as his or her representative; (iii) The right to a private hearing unless the complainant requests a public hearing; (iv) The right to present evidence and arguments in support of his or her complaint, to contravert evidence relief on by the PHA or project management, and to confront and cross-examine all witnesses on whose testimony or information the PHA or project management relies; and (v) A decision based solely and exclusively upon the facts presented at the hearing. (c) The hearing officer or hearing panel may render a decision without proceeding with the hearing if the hearing officer or hearing panel determines that the issue has been previously decided in another proceeding. (d) If the complainant or the PHA fails to appear at a scheduled hearing, the hearing officer or hearing panel may make a determination to postpone the hearing for not to exceed five business days or, may Hake 4 • • • / a determination that the party has waived his right to a hearing° Both the complainant and the PHA shall be notified of the determination by the hearing officer or hearing panel, provided, that a determination that the complainant has waived his right to a hearing shill not constitute a waiver of any right the complainant may havento contest the PHA's disposition of the grievance, in an appropriate judicial proceeding. (e) At the hearing, the complainant must first make a showin of an entitle- ment to the relief sought and thereafter the PHA must susain the burden of justifying the PHA action or failure to act against which the complaint is directed. (f) The hearing shall be conducted informally. by the hearing officer or hearing panel and oral or documentary evidence pertinent to the facts and issues raised by the complaint may be received without regard to admissability under the rules of evidence applicable to judicial pro- ceedings. The hearing officer or hearing panel shall require the PHA, the complainant, counsel and other participants or spectators to conduct themselves in an orderly fashion. Failure to comply with the directions of the hearing officer or hearing panel toobtain order may result in exclusion from the proceedings or in a decision adverse to the interests of the disorderly party and the granting or denial of the relief sought, as appropriate. (g) The complainant or the PHA may arrange in advance and at etne expense , of the party making the arrangement for a transcript of the hearing. Any interested party may purchase a copy of such transcript. 6. Decision of the Hearing Officer or Hearing Panel. (a) The hearing officer or hearing panel shall prenare a written decision, together with the reasons therefor, within a reasonable time after the hearing. A copy of the decision shall be sent to the complainant and the PHA. The PHA shall retain a copy of the decision in the tenant's folder. A copy of such decision, with all names and identifying references deleted, shall also be maintained on file by the PHA and made available for inspection by a prospective com- plainant, his representative, or the hearing panel or hearing officer. 5 t • (b) The decision of the hearing officer or hearing panel shall be binding on the PHA which shall take all actions, or refrain from any actions, necessary to carry out the decision unless the PHA Board of Commis- sioners determines within thirty days and promptly notifies the complainant of its determination, that (i) The grievance does not concern PHA action or failure to act in accordance with or involving the complainant's lease or PHA regulations, which adversely affect the complainant's rights, duties, welfare or status; (ii) The decision of the hearing officer or hearing panel is contrary to applicable Federal, State or Local law, HUD regulations or requirements or requirements of the arcual contributions contract between HUD and the PHA. (c) A decision by the hearing officer, hearing panel, or Board of Commis- sioners in favor of the PHA or which denies the relief requested by the complainant in whole or in part shall not constitute a waiver of, nor affect in any manner whatever, any rights the complainant may have to a trial de novo a judicial review in any judicial proceedings, which may thereafter be brought in the matter. 7. PHA Eviction Actions If a tenant has requested a hearing in accordance with paragraph 4 above on a complaint involving a PHA notice of termination of tenancy, and the hearing officer or hearing panel upholds the PHA's action to terminate the tenancy, the PHA shall not cour ence an eviction action in a State or local court until it has served notice to vacate on the tenant, and in no event shall the notice to vacate be issued prior to the decision of the hearing officer or hearing panel having been mailed or delivered to the complainant. Such notice to vacate must be in writing and specify that if the tenant fails to quit the premises within the applicable statutory period, or on the termination date stated in the notice of termination, whichever is later, appropriate action will be brought against him and he may be required to pay court costs and attorney's fees. r • • RESOLUTION NO. 215 RESOLUTION APPROVING SALARY RAISES WHEREAS the approved budget for the coming year of the Housing Authority of the City of Fayetteville allows salary increases for certain personnel: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE that the personnel listed below receive salary increases as stated. Effective date January 1, 1976. 1. Delbert E. Allen 2. Patricia Warford 3. .Loretta Edwards from to $10,200 5,700 5,100 $10,800 6,000 5,400 PASSED AND APPROVED THIS 21 DAY OF January , 1976. ATTEST: THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS atLkdruii. • • RESOLUTION NO. 216 RESOLUTION APPROVING THE SUBLEASE OF A PORTION OF THE OLD POST OFFICE BUILDING WHEREAS the Housing Authority of the City of Fayetteville is currently leasing the Old Post Office Building to theCCi;fy of Fayetteville, and; WHEREAS, the City of Fayetteville has requested to sublease a portion of the Old Post Office building to the Ozark Guidance Center, and; WHEREAS, the City of Fayetteville has made this request in writing as required by Section 19 of the Lease between the Housing Authority and the City of Fayetteville; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE to approve the sublease as requested. PASSED AND APPROVED THIS 21 DAY OF January , 1976. THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS CHAIRMAN • This Lease, executed on the 01 day of a,A«ti ,e I 197k, between Ozark Guidance Caro hereinafter called "Lessee" and the City of Fayetteville, Arkansas, hereinafter called "Lessor". 1. PREMISES: Lessor, in consideration of the terms and conditions hereof, hereby leases to'Lessee, and Lesseehereby leases from Lessor, an office area ofapfroximately 180 square Maw at MM+►wttt Cater feet located ofthe first floor of the structure located on the real property hereinafter referred to as the "demised premises", located in the City of Fayetteville, Arkansas, and more particularly described as follows: Beginning at a point which is thirty-two (32) feet and three (3) inches West and thirty-two (32) feet • and three (3) inches South of the Northeast corner of Block Twenty-seven (27) in the City of Fayetteville, as shown by Original Plat of said town, and running thence West one hundred and fifty (150) feet to a point thirty-two (32) feet and three (3) inches South and thirty-two (32) feet and three (3) inches East of the Northwest corner of said block, thence South one hundred and fifty (150) feet to a point thirty-two (32) feet and three (3) inches North and thirty-two (32) feet and three (3) inches East of the Southwest corner of said block, thence East one hundred and fifty (150) feet to a point thirty-two (32) feet and three (3) inches North, and thirty-two (32) feet and three (3) inches West of the Southeast corner of said block, and thence North one hundred and fifty (150) feeto the place of beginning. 2. TERM AND RENT. The term of this lease shall be from January 1, 1976, to June 30, 1976,Jat a total rent of sixteen (16) cents per square foot of floor space per month, payable on 1 or before the 10th day of each month during the term of this lease. Lessor shall have the right to terminate this lease at • any time by giving Lessee 15 days advance notice of termination. 3. ALTERATIONS, ADDITIONS, AND IMPROVEMENTS. Subject to the conditions set forth below, and at Lessee's own expense, Lessee may make minor alterations, additions, or improvements in and to the demised premises. Alterations shall be performed • in a workmanlike manner and shall not weaken or impair the , structural strength of the structure. • • • -2- • All installations made by' the Lessee shall remain the property of the Lessee and shall be removable by the Lessee at the end of the term; Lessee shall be liable for any damages caused to the structure in removing said installations. No alterations, additions or improvements shall be made that are inconsistent with preservation of the structure and premises in accordance with the designation of the property on the National Historic Preservation Register. No alterations, additions or improvements shall be made to the building and premises that are inconsistent with the Center Square Urban Renewal Project and plans therefor, now existing or hereafter modified. 4. REPAIRS: Lessee shall, at all times during the lease, and at its in a good, own cost and expense, repair, replace and maintain safe, and substantial condition the demised premises. 5. UTILITIES: Lessee shall pay all telephone charges, including installation charges. Lessor shall provide all other utilities. 6. DEFAULT OR BREACH: Each of the following events shall constitute a default or breach of this lease by Lessee: (1) If Lessee shall fail to pay Lessor any rent when the rent shall become due and shall not make the pay- ment within 30 days after notice thereof by Lessor to Lessee. (2) If Lessee shall fail to perform or comply with any of the conditions of this lease, and if the non- performance shall continue for a period of 30 days after notice thereof by Lessor to Lessee or, if the performance cannot be reasonably had within the 30 day period, Lessee shall not in good faith have commenced the performance within the 30 day period, and shall not diligently proceed to completion of performance. • • • • • • • (3) If Lessee shall vacate or abandon.the demised premises. 7. EFFECT OF DEFAULT: In the event of any default hereunder, as set forth in Section 6, Lessor shall have the right to cancel and terminate this lease, as well as all of the right, title, and interest of Lessee hereunder, by giving to Lessee not less than 15 days notice of the cancellation and termination. On expiration of the time fixed in the notice, this lease and the right, title and interest of Lessee hereunder shall terminate in the same manner and with the same force and effect as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined. • 8. DESTRUCTION OF PREMISES: In the event of a partial destruction of the premises from any cause during the term of this lease, Lessor shall forthwith repair the same, provided the repairs can be made within 60 days under the laws and regu- lations of applicable governmental authorities. Any partial destruction shall neither annul nor void this lease. If the repair cannot be made in the specified time, Lessor may, at Lessor's option, make repairs within a reasonable time, this lease continuing in full force and effect. In the event that Lessor does not elect to make repairs that cannot be made in the specified time, or those repairs cannot be made under the laws and regulations of the applicable governmental authorities, this lease may be terminated at the option of either party. Should the building on the demised premises be destroyed to the extent of not less than 50% of the replacement cost thereof, this lease shall be terminated. Any dispute between Lessor and Lessee relative to the provisions of this section shall be subject to arbitration. Each party shall select an arbitrator and the Alltwo arbitrators so selected shall select a third arbitrator between them, the controversy being heard by the three arbitrators so selected. The decision of the three arbitrators shall be final and binding on both Lessor and Lessee, who shall bear the cost of arbitration equally between them. • • • • • • • • • -4- • 9. ACCESS TO PREMISES: Lessee shall permit Lessor or its agents to enter the demised premises at all reasonable hours to inspect the premises or make repairs. 10. QUIET ENJOYMENT: Lessor warrants that Lessee shall be granted peacable and quiet enjoyment of the demised premises free from any eviction or interference by Lessor if Lessee fully and punctually performs the terms and conditions imposed on Lessee. 11. WAIVERS: The failure of Lessor to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of the rights or remedies that Lessor may have regarding that specific instance only, and shall not be deemed • a waiver of any subsequent breach or default in any terms and conditions. 12. NOTICES: All notices to be given with respect to this lease shall be in writing. Each notice shall be sent by registered or certified mail, postage prepaid, and return receipt requested, to the party to be notified at the regular mailing address of each party hereto, or at such other address as either party may, from time to time, designate in writing. Every notice shall be deemed to have been given at the time it shall be deposited in the United States Mail in the manner prescribed herein. 13. ARBITRATION: In a situation where this lease provides for the settlement of a dispute or question by arbitration, the 111 same shall be settled by arbitration in accordance with the current rules of the American Arbitration Association. 14. TERMINATION: If Lessor's lease to the demised premises is terminated under Paragraph 18 of its lease with the FHA, then this lease shall terminate upon Lessor giving Lessee not less 410 than 15 days notice in writing. 15. ASSIGNMENT, MORTGAGE, OR SUBLEASE: Lessee shall not assign, mortgage, pledge, or encumber this lease or sublet the Z4 • • • • • • • 0 • • -5- • demised premises in whole or in part, or permit the premises to be used or occupied by others, without the prior consent in writing of Lessor in each instance. Lessee shall continue to be liable hereunder in accordance with the terms and conditions of this lease, and shall not be released from the performance of the terms and conditions hereof. 16. SURRENDER OF POSSESSION: Lessee shall, on the last day of the term, or on earlier termination and forfeiture of the lease, or on termination of a monthly tenancy, peacably and quietly surrender and deliver the demised premises free of subtenancies, in good condition. Any fixtures or personal property not used in connection with the operation of the demised premises and belonging to Lessee, if not removed at the termination of this lease, and if Lessor shall so elect, shall be deemed abandoned and become the property of Lessor without payment or offset therefor. Lessor may remove such fixtures or property from the demised premises and store them at the risk and expense of Lessee if Lessor shall not so elect. Lessee shall repair and restore all damage to the demised premises caused by the removal of equipment, fixtures or per- sonal property. 17. TOTAL AGREEMENT: This lease contains the entire agree- ment between the parties and cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. This lease and the terms and conditions hereof apply to and are binding on the successors and assigns of both parties. IN WITNESS WHEREOF, the parties have executed this (91--"-"4-A-ct agreement on the day of OZARK GUIDANCE C T R BY ATTEST: C TY OF FAYETTEVILLE, ARKANSAS, A Municipal Corporation , 1976 .t) ei ,,4i-Eei.i-+°-*,k" BY CITY CLERK %ate GP D MAYOR •