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HomeMy WebLinkAbout1982-08-23 - Minutes - Archive0 . 1 • • • WAIVER OF NOTICE OF AND CONSENT TO SPECIAL MEETING We, the undersigned, do herby accept notice of the SPECIAL MEETING, waiving any and all irregularities in the service of notice and do herby consent and agree that the Commissioners of the Housing Authority of Fayetteville, Arkansas shall meet at their regular meeting place 8:00 a.m., on the 23rd day of August, 1982, for the following purpose: 1. Roll Call 2. Minutes - July 21, 1982 3. July - Financial•Statement 4. RESOLUTION 5. RESOLUTION 6. RESOLUTION 7. RESOLUTION 8. RESOLUTION 9. RESOLUTION 10. DISCUSSION APPROVING REVISED BUDGET #2 for 9/30/82 APPROVING BUDGET FOR 9/30/83 APPROVING STATEMENT OF POLICIES FOR PUBLIC HOUSING APPROVING ESTABLISHING UTILITY ALLOWANCES 97-2 APPROVING ADMENDMENT TO SECTION 8 ADMINSTRATIVE PLAN APPROVING TRAVEL TO FALL NAHRO MEETING OF HUD COORDINATED REVIEW REPORT 11. OTHER BUSINESS MINUTES OF SPECIAL MEETING OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS The Housing Authority of the city of Fayetteville, Arkansas met in Special session at 8:00 a.m., Monday, August 23, 1982, in the office of the Authority, #1 N. School, Fayetteville, Arkansas. The following were Present: J udy Endress, Lloyd Seaton, Robert Windham, and Jim Shreve. Commissioners Absent: S herman Morgan. Others Present: Bromo Wilson, Coretta Edwards, and Pay Donat. There being a quorum present, the following business was t ransacted: The Minutes - July 21, 1982. Moved by Mrs. Endress, seconded by Mr. Windham, and carried. The July - Financial Statement. Moved by Mr. Windham, seconded by Mrs. Endress, and carried. RESOLUTION #355, APPROVING REVISED BUDGET NO. 2 FOR 9/30/82. Moved by Mrs. Endress, seconded by Mr. Windham, and carried. RESOLUTION #356, APPROVING BUDGET FOR 9/30/83. Moved by Mr. Shreve, seconded by Mr. Windham, and carried. RESOLUTION #357, APPROVING STATEMENT OF POLICIES FOR PUBLIC HOUSING. Moved by Mrs. Endress, seconded by Mr. Shreve, and carried. RESOLUTION #358, ESTABLISHING UTILITY ALLOWANCES FOR PUBLIC HOUSING PROJECT ARK. 97-2. Moved by Mr. Windham, seconded by Mr. Shreve, and carried. RESOLUTION #359, APPROVING ADMENDMENT TO THE ADMINISTRATIVE P LAN OF SECTION 8 RENTAL ASSISTANCE PROGRAM. Moved by Mrs. Endress, seconded by Mr. Windham, and carried. • • • RESOLUTION #360, APPROVING TRAVEL TO NAHRO FALL MEETING, OCTOBER 6 - 8, 1982, AT JONESBORO, AKRANSAS. Moved by Mrs. Endress, seconded by Mr. Windham, and carried. Discussion of HUD Coordinated Review Report. Moved by Mr. Shreve, seconded by Mr. Windham, and carried. After further discussion meeting adjourned. THE HOUSING AUTHORITY OF THE CITY '-F FAYE TE h LE, AKRANSAS ATTEST: bj IRMAN RESOLUTION NO. 'jc3-- RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF FAYETTEVILLE HOUSING AUTHORITY REVISED BUDGET NO 2 FOR ARK. 97-1 FOR PERIOD ENDING SEPTEMBER 30, 1982 TO HUD RESOLVED, that the proposed expenditures referred to in the revised budget No 2 for the Fayetteville Housing Authority ending September 30, 1982 are necessary in the efficient and economical operation of the housing for the purpose of serving low income families; and, RESOLVED, that the financial plan is reasonable in that it indicates a source of funding adequate to cover all proposed expenditures; and, RESOLVED, that all proposed changes and expenditures will be consistent with provisions of law and the Annual Contributions Contract; RESOLVED, that the Board of Commissioners adopts the following certificate: "Pursuant to the rent schedule approved by HUD, the Housing Authority of the city of Fayetteville certifies that it is in compliance with the provisions of section 860.407 of part 86o, Subpart D of the Interim Rule Published September 26, 1975, in that aggregate Annual gross rent of families residing in the dwelling units for the fiscal year beginning October 1, will not be less than an amount equal to one-fifth of the sum of the "Family Income", as defined in 24 CFR 860.403 (f), of all such families". RESOLVED, in addition, pursuant to Section 890,115 of the final rule, effective October 1, 1976, the PHA mentioned herein is in compliance with Section 207 (A) of the Annual Contributions Contract which states in part, that the PHA is reexamining the income of families living in the project at least once a year. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Fayetteville Housing Authority adopt the proposed budget as attached and submit to HUD for approval. PASSED AND APPROVED THIS 2 3 ' DAY OF .2910;6051:71., 1982. ATTEST: bj THE HOUSING AUTHORITY OF THE CITY OF. FAYETTEVILL ARKANSAS RMAN • • • hit RESOLUTION NO. 3,��Q RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF FAYETTEVILLE HOUSING AUTHORITY BUDGET FOR ARK. 97-1 FOR PERIOD ENDING SEPTEMBER 30, 1983 TO HUD RESOLVED, that the proposed expenditures referred to in the budget for the Fayetteville Housing Authority ending September 30, 1983, are necessary in the efficient and economical operation of the housing for the purpose of serving low income families; and, RESOLVED, that financial plan is reasonable in that in indicates a source of funding adequate to cover all proposed expenditures; and, RESOLVED, that all proposed changes and expenditures will be consistent with provisions of law and the Annual Contributions Contract; RESOLVED, that the Board of Commissioners adopts the following certificate: "Pursuant to the rent schedule approved by HUD, the Housing Authority of the city of Fayetteville Certifies that it is in compliance with the provisions of Section 860.407 of part 860, Subpart D of the Interim Rule published September 26, 1975, in that the aggregate annual gross rent of families residing in the dwelling units for the fiscal year beginning October 1, will not be less than an amount equal to one-fifth of the sum of the rFamily Income", as defined in 24 CFR 860.403 (f), of all such families". RESOLVED, in addition, pursuant to Section 890,115 of the final rule, effective October 1, 1976, the PHA mentioned herein is in compliance with Section 207 (A) of the Annual Contributions Contract, which states in part, that the PHA is reexaming the incomes of tenants living in the project at least once a year. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Fayetteville Housing Authority adopt the proposed budget as attached and submit to HUD for approval. PASSED AND APPROVED THIS ATTEST: DIMAW ECRETARY 41 bj DAY OF /9aep(/5T— , 1982. THE HOUSING AUTHORITY OF THE CITY 0. FAYETTEVIL s . ARKANSAS MAN -1 ±• • RESOLUTION NO. 311 RESOLUTION APPROVING STATEMENT OF POLICIES GOVERNING ADMISSION TO AND CONTINUED OCCUPANCY OF THE LO -RENT PUBLIC HOUSING PROJECTS OPERATED BY THE FAYETTEVILLE, ARKANSAS HOUSING AUTHORITY WHEREAS, certain HUD regulations have changed in relation to the Public Housing Programs operated by the Fayetteville Housing Authority: NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Fayetteville Housing Authority that the attached statement of policies governing admission to and continued occupancy be adopted, this policy to become effective immeditely. PASSED AND APPROVED THIS ATTEST: 2 3 1 DAY OF AJl‘[/Sr— , 1982. THE HOSING AUTHORITY OF THE �y FAYET411 LE, ARKANSAS CITY ala. SECRETARY bj RMAN Ora • STATEMENT OPERATED BY OF POLICIES GOVERNING ADMISSION TO AND CONTINUED OCCUPANCY OF TIIE LOW -RENT IIOUSING PROJECTS Fayetteville HOUSING AUTHORITY. SZCTION I. SELECTION OF TENANTS A. Nondiscrimination 1. 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 hcusing, nor deny to any eligible applicant the opportunity to lease or rent any dwell- ing 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 determina- tion of the Local Authority as to eligibility or non -eligibility of the appli- cant; where eligible; the unit size for which eligible; the preference rating, the date, location, identification, and circumstance of each vacancy offered, accepted or rejected. B. Broad Range of Income - • 1. In order to achieve socially and financially sound low income housing projects the Housing Authority will select families for housing whose incomes are rep- resentative of the broad range of income of the families living within the Housing Authority's area of operation, and who have sufficient rent paying ability in order, to theextentpossible, to achieve and maintain the social and financial stability of the project. 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. Noneconomic Selection Criteria • 1. Relevant information respecting habits or practices tc• be considered may include, but is not limited to: An applicant's past performance in meeting financial obligations, especiallyrent; 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. Eligibility for Admission. There are to be eligible for admission'only those applicants 1. who qualify as a family. For the purpose of determining eligibility a family is defined as: A group of persons regularly living together, related by blood, marriage, or adoption, or'a single person if elderly, disabled, handicapped, or displaced. Other persons, 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. ' 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 equipment, but only to the extent to which such expenses exceed normal and usual expenses indiccntal 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 de- • ductions will•be allowed for income taxes, garnishments or voluntary deductions such as savings bonds and non -compulsory insurance. • •.. • e. 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. norma] voluntary education. d. Reasonable amounts paid for care of children or aged or incapacitated family 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 $ 3o.00per week. e. Predictable costs of medical care for family members with extraordinary medi- cal expenses, if not covered by insurance Deduct only the amount by which such costs exceed three'percent of total family income. An amount of $ ioo• V 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 exceeds 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 contibution 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. whose net family assets do not exceedor elderly and family, Sin nnpfor r w families, unless such assets, togethei t e net income of the family, are not sufficient for it to obtain and maintain adequate accommodations on the private market. E. Order of Preference First preference shall• be.given to residents of the City/County of Fayetteville/ Washington . As among eligible applicants from this city/county, the follow- ing 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 Fin- ancial Feasibility: 1. Broad Range of Income • 2. Date and'Time F. 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. A11 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 GO • • . conversations with reliable sources. As a minimum. such reports shall indicate the date, the source of the information, 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. 1c) 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'.ex ample: • • (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 availability of such programs; (3) Evidence.of the applicant family's willingness to attempt to increase family income and the availability of training or employment programs in the locality. 3. Verified information will be analyzed and a determination will be made with respect to the following: - • • a. 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. 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 space provided on the application form. Notification: (a) The PHA shall promptly•notify any applicant determined to be ineligible 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 reasonably determined. G. 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: No. of No. of Persons 1. Bedrooms Minimum Maximum 1• 1 3 2 2 5 3 4 7 4 6 9 • • • • 2. An unborm child will not be counted as a person. • 3. Dwelling units will be so assigned that: ,a. Children under 1 years of age may occupy sante bedroom with parents. b. Other than husband and wife, persons of opposite sex over 1 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. 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. • If a tenant transfers within the project, a new lease will be executed for the dwelling into.which•the family is to move. 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 insertionswill 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. :CTION II. ELIGIBILITY FOR CONTINUED OCCUPANCY AND PERIODIC REEXAMINATION • • Eligibility for Continued Occupancy The eligibility of a family to remain in occupancy as a result of a reexamination or an interim redetermination is based upon the family's income. .If the family's income is in excess of the income limit for admission, the PHA should determine whether the family is'a family of low income in accordance with the standards and criteria. for continued occupancy in CFR 860.2 as shown in Handbook 7465.1 Rev. Periodic Reexaminations The incomes of all families is Co be reexamined at least once every.12 month4 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 established 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 reasonable degree of accuracy at time of admission or regular reexamination, a temporary determina- tion will be made with respect to income and rent and a special reexamination will be scheduled. Such special reexaminations will be scheduled within 60, 90, or 120 days, depending upon the family's circumstances. The tenant will be notified in advance andin writing as .to the date of the special reexamination._ 3. Reexamination Procedure a. At the time of reexamination, a required to sign an application b. Employment and income data will responsible member of the family will be for continued occupancy. - be verified, and all verified findings will -4- • • • • • be documented and placed in the tenant's folder. 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 family with respect to net assets. (3) Size of unit required for the family. (4) Rent which the family should pay. • Net family income will be computed in accordance with the definitions and procedures set forth in Section IV of this instrument. 4. Action Following Reexamination 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 ofunit 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. As a part of the record of each family reexamined, the Executive Director will certify to the determinations in the space provided on the applica- tion 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 income 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. 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 scheduled reexamination. If net family income increases during this time, the rent will be increased 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 "IA. 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, anticipated to be received during the twelve months following admission or reexamination of family income, exclusive of the in- come of.full-time students (other than the head or spouse) and income which is temporary, nonrecurring or sporadic as defined in this section. Total fami y 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) avail- able 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 personal 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 of any kind from real or personal property. • . • • • • 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 compensa- tion, social security benefits, workmen's compensation and dismissal wages. 6. Wlefare assistance payments. T. .Periodic and determinable allowances, such as alimony and regular contri- butions or gifts, including amounts received from any persons not residing in the dwelling. • 8. All regular pay, special payments and allowances (such as longevity, over- seas duty, rental allowances, allowances for dependents, etc.)qreceived by a member of the Armed 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. 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 b.' Lump -sum additions to family assets, such as, but not necessarily limited to, inheritances, insurance payments, including payments under health and accident insurance and workmen's compensation, capital gains, and settle- ments 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 Govern- ment 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. 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. g. Payments received by participants in other- publicly -assisted programs as reimbursement for out-of-pocket expenses incurred (special equipment,. clothing, transportation, :eimbursemeet for child care, and so forth, which are made solely to allow participation in a specific program and cannot be used for other purposes). 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 be ten percent in the case of an elderly family. • 2. A deduction for extraordinary medical expenses, definde 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 compensated for by the employer, such as special tools and equipment, but only to the extent to which such expenses exceed nornwl.and:usual-expenses-incidenta-l. to -the type of employment engaged in by the employee.. 4. A deduction of amounts paid by the fancily for the care of children or sick or incapacitated family members when determined to be necessary to employ- ment 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 exem sir _.>a of the first S300 of the metre of a secoodarY wA9e-earter uh;o fs-Ui41,spouce. of ilia !tread of tirk. htuse11ul L 6. P.n 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 eight- een 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. D. Computation of Gross "tent 1. Gross Rent for Families Admitted on or nfter'August 1, 1982. Gross Rent shall be the higher of the following, g, rouhded to the nearest dollar: (a) 30 percent of Family Income (b) 10 percent of Total Family income 2. Gross Rent for Families Admitted before August 1, 1982. At the first • reexamination occurring, on or after August 1, 1982, Gross Rent shall be calculated in accordance with paragraph 1. above, except that instead of 30 percent the percentage:applied to Family Income shall be as follows: Effective Date of Reexamination Percent. Applied to Family Income .August 1, 1982. - September 30, 1982 26 October 1', 1982 - September 30, 1983 27 October 1,'1983"- September 30, 1984 28 October 1, 1984 —September 30, 1985 29 October 1, 1985 and after 30 The Gross Rent Charged is subject to'the following conditions: (a) Gross Rent shall not be increased by more than 10 percent during any 12 -month period as a result of applying paragraph 2. above, however, Gross Rent may be increased by more than 10 percent during any 12 -month period to the extent that the portion of such increase above 10 percent is attrihuted.solely to increases in income not caused by redefining which governmental benefits are required to or may be considered as income. (b) Gross Rent shall not be decreased below the amount payable by the family as of July 31, 1982 as a result of implementation of the Interim Rule, unless due to decreases in Total Family Income or Family Income. E. 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 Consump- tion, or other miscellaneous charges. 2. Disabled Person. Disabled person means a 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 mortal 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 theecase of an individual who has attained the age of 55 and is blind (within the meaning of "blindness" as defined in Section 416(f)(1) of this title), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those 'of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time -7- • • • • Section 102(5) of the Developmental Disabilities Services and Facilities 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 Uelfare) to be closely related 'to mental retardation or to require treatment similar to that required for mentally retardedindividuals; which disability originates before such individual attains age eighteen, which has continued or can he ex- pected to continue indefinitely,. and which constitutessa substantial handicap to such individual. Displaced Family. Displaced family means a person or a family displaced by governmental action, or whose dwelling has been extensively damaged or de- stroyed as a result.of a disaster declared or other -wise formally recognized pursuant to Federal disaster relief laws. 4. Elderly Family. Elderly family means a family whose head or sole member is at least sixty-two years of age, or disabled this section, and may include two.or more elderly, disabled persons living together, or one or more such persons living person who is determined to be essential to his or her care spouse or whose as defined in or handicapped with another. and well being. • • 5. Family. The term family shall be defined by the PHA in accordance with applic- able 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. Gross income. Gross income means total family income as defined in this section. 8. Gross rent. Gross rent means contract rent plus the PFIA'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) rs expected to be of long -continued and indefinite duration, (2) substan- tially impedes his ability to live independently, and (3) is of such a nature that such disability could be improved by more suitable housing conditions. 10. Head of the household. Head of the household means the family member sho 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. Telephone service is not included as a utility. • 14. Very Low -Income Family. Very low-income family means a family whose total family income does not exceed 50 percent of the median total family income for the area, with adjustments for smaller andlarger 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 or older and disabled, handi- capped or a full-time student 16. Veteran. A "Veteran".means a person who has served in the active military or naval service of'the United States and who shall -have been discharged or released there- from under conditions other than dishonorable. 17. Serviceman. 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. -8- • • RESOLUTION NO.. I.ig RESOLUTION ESTABLISHING UTILITY ALLOWANCES FOR PUBLIC HOUSING PROJECT ARK. 97-2. WHEREAS, the Department of HUD has required that utility allowances for Project ARK 97-2 be established; NOW THEREFORE, be it resolved by the Board of Commissioners of the Fayetteville Housing Authority of the city of Fayetteville that the following utility allowance be adopted and shall become effective immediately. 1 BEDROOM 2 BEDROOM 3 BEDROOM 4 BEDROOM GAS ELECTRIC TOTAL $14.00 $11.00 $25.00 16.00 13.00 29.00 19.00 15.00 34.00 21.00 17.00 38.00 PASSED AND APPROVED THIS ATTEST: 23111DAY OF AW -t/3 ,1982. THE HOU•ING AUT .'ITY OF THE CI OF F,Y EVILLE, ARKANSAS bj RESOLUTION NO. /50 RESOLUTION APPROVING ADMENDMENT TO THE ADMINISTRATIVE PLAN OF SECTION 8 EXISTING RENTAL ASSISTANCE PROGRAM OPERATED BY THE FAYETTEVILLE ARKANSAS HOUSING AUTHORITY WHEREAS, certain HUD regulations have changed in relation to the Section 8 Existing Rental Assistance Program operated by the Fayetteville Housing Authority; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FAYETTEVILLE HOUSING AUTHORITY that the attached admendment be adopted and become effective immeditely. PASSED AND APPROVE THIS ATTEST: .afeipm SECRETARY bj flaDAY OF 4c//S/ , 1982. THE HOUSING AUTHO;ITY OF THE CITY OF FAYETT VA E. ARKANSAS C AI' AN • • • AMENDMENT TO THE. ADMINISTRATIVE PLAN SECTION 8 RENTAL'ASSISTANCE FOR FAYETTEVILLE HOUSING AUTHORITY Cui'pit;nrjon of Gross Family Contribution �• Family Contribution for Families Admitted on or after August 1, 1982. Gross Family Contribution shall be the higher of the following, rounded to clie nearest dollar: (a) 30 percent of Annual Income after Allowances \(b) 10 percent of Annual Income 2.IGro'ss Family Contribution for Families Admitted before August 1, 1982. At thOirst reexamination effective on or after August 1, 1982, Gross Family Cdnii�hbnt'ion shall be calculated in accordance with paragraph 1. above, I.::ci'p1 that instead of 30 percent the percentage applied to Annual. Income Art., Allowances shall be as follows: Effective Date of Reexamination .'Percent Applied to Annual Income After Allowances., 4.4 August 1, 1982 - September 30, 1982 26. October 1, 1982 - September 30, 1983 27' October 1, 1983 - September 30, 1984 28 October 1, 1984 - September 30, 1985 29 October 1, 1985 and after 30 The Gross Family Contribution is subject to the following conditions: (a) Gross Family Contribution shall not be increased by more than 10 percent during any 12 -month period as a result of applying paragraph 2. above, however, Gross Family Contribution may be increased by more than 10 percent during any 12 -month period to the extent that the portion of such increase above 10 percent is attributed solely to increases in income not caused by redefining which governmental benefits are required to or may be considered as income. (b) Cross Family Contribution shall not be decreased below the amount payable by the family as of July 31, 1982 as a result of implementation of the Interim Rule, unless due to decreases in Annual Income or Annual Income After Allowances. The Cross ?'tinily Contribution formulas based on family type (e.g. Large Very Low Income Family, Very Large Lower Income Family, Family with Exceptional Medical or other expenses) have been eliminated. • RESOLUTION NO. 3A;/ RESOLUTION APPROVING TRAVEL TO ARKANSAS CHAPTER NAHRO FALL MEETING, OCTOBER 6 - 8, 1982 AT JONESBORO, ARK. WHEREAS, the fall Meeting of Arkansas Chapter, NAHRO, will be held at Jonesboro, Ark. October 6 - 8, 1982, AT JONESBORO, ARK. WHEREAS, there will be programs including discussions concerning Public Housing, Community Development, Section 8 Housing, and, Arkansas Chapter business; and, WHEREAS, members of the staff of the Little Rock Area Office of HUD will take part in panel discussions to answer questions and discuss problems; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, that travel expenses for personnel designated by the Executive Director be paid to this meeting in accordance with the Agency's policy. PASSED AND APPROVED THIS 2.3 policy. ATTEST: 64~/7/404/ ECRETARY bj OF 1982. THE H.USING AUTHORITY OF THE CITY i, FAYET E 4 E, ARKANSAS RMAN