HomeMy WebLinkAbout1998-11-18 - Minutes - Archive•
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MINUTES OF THE 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 8:00 A.M. Wednesday
November 18, 1998 in the office of the Authority #i1
North School, Fayetteville, Arkansas.
Janet Richardson, Vice Chairperson, called the meeting
to order.
Commissioners Present:
Commissioners Absent:
Others Present:
Childress,
Fries
Richardson,
Clinehens, Hudspeth
Bromo Wilson, Fredia Sawin
The Minutes of the September 23, 1998 Regular Meeting were
approved by motion, seconded, and carried unanimously.
The September Financial Statement was approved by motion,
seconded, and carried unanimously.
The October Financial Statement was approved by motion,
seconded, and carried unanimously.
RESOLUTION AUTHORIZING THE SUBMISSION OF PUBLIC HOUSING
MANAGEMENT ASSESSMENT PROGRAM (PHMAP) CERTIFICATION FOR
FISCAL YEAR ENDING 9/30/98. Resolution No. 618 was approved
by motion, seconded, and carried unanimously.
RESOLUTION ADOPTING REVISED DWELLING LEASE. Resolution No.
619 was approved by motion, seconded, and carried unanimously.
There being no further business, the meeting was adjourned.
ATTEST:
THE HOUSING AUTHORITY OF THE
CITY OF FAYETTEVILLE, ARKANSAS
CHAIRPERSON
•
RESOLUTION NO. 61$
RESOLUTION AUTHORIZING THE SUBMISSION OF PUBLIC HOUSING
MANAGEMENT ASSESSMENT PROGRAM (PHMAP) CERTIFICATION FOR
FISCAL YEAR ENDING 9/30/98
WHEREAS, The Board of Commissioners of the Fayetteville
Housing Authority is required to review the Annual PHMAP
Certification and authorize the submission of the PHMAP
Certification and
WHEREAS, the Board of Commissioners of the Fayetteville
Housing Authority did review the attached PHMAP
Certification for Fiscal Year Ending 9/30/98
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF THE FAYETTEVILLE HOUSING AUTHORITY:
That the Chairperson of the Board of Commissioners and the
Executive Director of the Housing Authority are authorized
• to execute the attached PHMAP Certification for Fiscal
Year ending 9/30/98.
PASSED AND APPROVED THIS ,'tDAY OF IArdin1998.
THE HOUSING AUTHORITY OF THE CITY
OF FAYETTEVILLE,'ARKANSAS
•
ATTEST:
Public Housing Management
Assessment Program
(PHMAP) ,Certification
U.S. Department o1 Housing
and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0156 (exp. 6/30/99
Public reporting burden for this collection of Information Is estimated to average 4 hours per response, Including the time for reviewing Instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this
Orden estimate of any other aspect of thls collection of information, Including suggestions forreducing this burden, to the Reports Management Officer, Paperwork
duction Project (25770156)1 Office of Information Technology, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600. This
agency may not collect this information, and you are not required to complete this form, unless It displays a currently valid OMB control number.
Do not send this forty to the above address.
This information Is collected to Implement section 502 of the National Affordable Housing Act o1 1990 which established seven spedfic indicators and directs
the Secretary to develop no more than live other factors (Indicators) deemed appropriate to assess the management performance of public housing agendas
(PHM) in all major areas of management operations: PHAs will complete the PHMAP Certlfication form HUD -50072 and subrnit it to HUD. The Information is
used by HUD to assess all major areas of PHA's management operations, designate PHAs as troubled and mod -troubled, enter into a Memorandum of Agreement
(MOA) with troubled and mod -troubled PHAs, and report annually to Congress on the status of troubled and mod -troubled PHAri: This Information is required
for HUD to fulfill statutory requirements of the 1990 Act. The information collected does not lend Itself to confidentiality. ,. - .,
Instructions: A PHA/RMC/AME's responses to this certification form must be the PHA/RMC/AME's actual data; e.g., prior to any,adjustments
for modifications and/or exclusion requests to the Indicators. Round percentages to the nearest two decimal points.
Indicator #1: Component #1: Item b: Total number of ACC days is obtained by multiplying the total number of units under ACC by the number
of days In the year. This figure should be adjusted accordingly for unfts that are added during the fiscal year being assessed based on the date
the unit(s) reached the end of the Initial operating period (EIOP). -
PIiNRMC/AME Name
•
Fayetteville Housing Authority
Project neme(e)11 RMC/AME
AR 097001 & 002
For FY Ending -
9/30/98
•
•
Submission Dale
11/19/98
The management functions for the following indicator(s) have been assumed by an RMC/AME, and the RMC/AME certification is attached (enter
Indicator numbers or N/A):
Indicator #1: Vacancy Rate and Unit Tumaround Time
Component # 1: Vacancy Rate .
• a. PHA has Implemented an adequate
system to track the duration of vacancies (enter Yes or No)
Ya c
b. Total number of ACC days
-
91,980
c. Total number of non -dwelling
days0
d. Total number of employee occupied days .
0
e. Total number of days where units were deprogrammed
U
f. Total number of actual vacancy days
9,223
g. Total number of vacancy days exempted
for modernization
0
h. Total number of vacancy days exempted
for market conditions
0
I. Total number of vacancy days where units were exempted due to law or regulations
0
J.
Total number of vacancy days where units were exempted
for other reasons
0
k. Percentage
points reduction of actual vacancies within past three years
(enter percent or N/A)
N/A a/a
Component
# 2: Unit Turnaround ••
:•ry '
PHA shall respondtothequestlonsbelow,evenIfItcertiflestoagradeofCoraboveonthevacancycomponent
• •—
a. PHA has
lease up
Implemented an adequate system to track unit turnaround, Including down time, make ready time, and
time (enter Yes or No)
'
Yes
b. Total number
of tumaround days
1 9,223
c. Total number of vacancy days exempted
for modernization - •- - ...
0
d. Total number of vacancy days exempted
for other reasons . .. .•
0
e. Total number of vacant units tumed around and leased in the PHA's Immediate
past fiscal
year 'I . ...
135
f. Average
number of calendar days units were In down time
0 •
•
g. Average
number of calendar days units were In make ready
time•
.26, 5
h. Average number of calendar days units were in lease up time
•41:8 .,
Previous editions are obsolete.
Page 1 of 4 —
-
-033 4 -
form HUD -50072 (497)
0:4.1465503k 7460.5
'.I
014 L
matcarorws: nepre vncuuuc.a.
a. Dwelling
the
rent owed by residents In possession at the beginning of the assessed fiscal year, carried forward from
previous fiscal year.
$' . 74.2o II 'nig1
b. Dwelling
rents bllled.during
FY being
assessed
$, 303 ,r935.71,..,;•,•navel
c. Dwelling
rents collected
during FY being
assessed
$'295 ;849'^`" "111•„
Indicator #4:
Work Orders
a. PHA has Implemented an adequate system to account for and control work orders (enter Yes or No)
Yes
...�
Component 91: Emergency
Work Orders ,
a. Total number of emeigency
work orders
51 •
.
b. Total number of emergency
work oiders correded/abated within 24 hours
51
Component # 2: Non -Emergency Work Orders
.
'
a. Total number of non -emergency
work orders
1'.
366'
b. Total number of calendar
days It took to complete
non -emergency work orders
1,054
c. Average number of days PHA has reduced the
three years (enter average number of days or
time it takes to complete non -emergency work orders over the past
WA)
N/A
Indicator #5: Annual Inspection of Units and Systems
.
Component # 1: Annual Inspection of Units
it. PHA
inspections
has Implemented
and repairs
an adequate Inspection program that generates quality Inspections and tracks both
(enter Yes or No)
Yes
b. Total
number of ACC
units
252
c. Units exempted
where the
PHA made 2 documented'attempts
to Inspect
and is enforcing the lease
0
d. Vacant unfts
exempted
for modernization
0
e. Vacant units exempted
for other reasons
0
•
1. Total number of units Inspected
using local code or HUD HOS If there is no local code or the local code Is less stringent
252
g. Total number of units meeting
local code/HOS
252
h.
PHA
Issued
program
completed all repairs on units where necessary for local code/HOS compliance either during the Inspection,
work orders for the repairs, or referred the deficiency to the current year's or next year's modernization
(enter Yes or No)
Yes
"
Component
# 2: Annual Inspection of Systems
a. Total number of sites
- 4
b. Total number of sites exempted
from the Inspection of systems0
c. Total number of sites where
all systems were Inspected
In accordance to the PHA maintenance
plan
4.
d. Total number of buildings
, .
,..52
•
.
e. Total number of buildings
exempted
from the inspection
of systems • •
.. 0
1. Total number of buildings where
all systems were
Inspected
In accordance to the PHA maintenance
plan
y0
,
g. PHA performed required
orders for the repairs,
maintenance on buildings and sites In accordance with spedflcationsorlocal/PHA
or Induded the degdendes in the current year's or next year's modernization
standards, orIssued
program (enter Yes or
work
No)
_.
., . Yes.
Indicator IS:
Flnancial
Management, ,
Component
# 1: Cash Reserves
a. Amount of cash reserves
• $235,696
PHA shall respond to the questions for either Option A or Option B, below, even if it certifies to a grade of C or
above on the cash reserves component. -
1, •
Component# 2: Energy Consumption
a. All PHA unfts have tenant -paid
utilities, (enter Yes or No)
Yes
,
•
Option
A: Energy/Utility Consumption
Expenses
.,
a. Total energy/utility consumption expenses
Previous editions are obsolete.
Page 2 of 4
torrn HUD -50072 (4/97)
ref. Handbook 7460.5
Audit
procedures result In the eviction of residents who meet the One -Strike criteria (enter Yes or No)
Yes
•
Ames editions ere obsolete.
Page 3 of 4,
—. form HUD.50072 (4/97)
ref. Handbook 7460.5
' a • PHA has compieted'or updated its energy audit within the
past 5 years
(enter Yes or No)
b. All of the recommendations that were cost effective were Implemented (enter Yes, No or N/A)
c. PHA has an Implementation
plan to Implement all of the recommendations that were cost effective (enter Yes, No or N/A)
-
• d. PHA Is oq•sphedule
with
its
implementation
plan, based on available funds
(enter Yes, No
or N/A)
Indicator #7:
Resident Services and Community Building
PHAs with fewer
unless otherwise
than 250 units
specified below
or with 100%
elderty developments will
not be assessed under this indicator
a. Check If PHA with fewer than 250 units or 100% elderly developments requests to be assessed under this Indicator (enter Yes or NO)"
-
Component
#1; Economic Uplift and Self Improvement
a. PHA
requests
to be assessed for all non -HUD funded
programs
Implemented (enter Yes or No)
%.' "" I 'D
- No
b. PHA Board
of Commissioners has adopted
economic uplift and self -Improvement
programs (enter Yes or No)
c. Percentage of family
occupied
units where a PHA can document It has Implemented
these
programs
%
. d. PHA monitors
performance and Issues reports
concerning
progress (enter Yes or No)
Component #2: Resident Organization
a. PHA
supports
can document it recognizes resident councils,
resident councils (enter Yes or No)
and has a system of communication and collaboration with and
Yes
b. Where
no resident council exists, PHA can document It encouraged the formation of resident councils (enter Yes or No)
• Yes
Component
#3: Resident Involvement
a. PHA
Board of Commissioners, by resolution,
provides for resident representation
on the Board and committees (enter Yes or No)
Yes
b. PHA Implemented measures that ensure residents have input into: (check all that are applicable)
fl
Screening/occupancy
fl
Maintenance
I
Operating budget
kSecurity
Relocation
fl
Resident programs
fl
Modernization and development programs
Component
#4: Resident Programs Management
• a. PHA
has HUD funded special
programs (enter Yes or No)
No
b. PHA has a Resident Management
or Tenant Opportunity Program
where
the PHA is the contract administrator
(enter Yes or No)
No
c. PHA requests
to. be assessed for all non -HUD funded programs
(enter Yes or No)
NO
d. Percentage
of goals the PHA can document it met under Implementation
plan(s)
N/A ok
Indicator #8: Security
PHAs with fewer than 250 units will not be assessed under this Indicator unless otherwise specified
below
a. Check if PHA with fewer than 250 units requests
to be assessed under this indicator
Component #1: Tracking and Reporting Crime -related Problems
a. PHA has Board adopted
policies and Implemented procedures to track crime and crime -related
problems (enter Yes or No)
Yes
b. PHA can document
that It has a cooperative system•for tracking and reporting
crime to local police authorities (enter Yes or No)
Yes
c. PHA can.document
it reports
crime to local police authorities
(enter Yes or No)
Yes
d. Percentage
of developments
where PHA can document it trades crime and crime -related
problems
!OO
ok
Component
#2: Screening
of Applicants
a. PHA has Board adopted
policies and Implemented screening procedures that
reflect the One -Strike criteria
(enter Yes or No)
• Yes
b. PHA can document
the One -Strike criteria
that screening
(enter Yes or
procedures
No)
result in successfully denying admission to applicants who meet
' Yes
c. Screening
procedures result In denying
admission to applicants
who meet the One -Strike criteria (enter Yes or No)
Yes
Component #3: Lease Enforcement .. -
a: PHA has Board adopted
policies and implemented
eviction
procedures that reflect the One -Strike criteria (enter Yes or No)
.
Yes
a b. PHA can document that eviction
procedures result In appropriately evicting residents who meet One -Strike criteria (enter Yes or No)
Yes
procedures result In the eviction of residents who meet the One -Strike criteria (enter Yes or No)
Yes
•
Ames editions ere obsolete.
Page 3 of 4,
—. form HUD.50072 (4/97)
ref. Handbook 7460.5
11-
t
'd 1.1 :t
'
^.•u
We hereby ceriify that, as of the submission date, the above indicators, under the Public Housing Management Assessment
Program (PHMAP), aretrue and accurate for its fiscal year indicated above. The undersigned further certify that, to,their present
knowledge, there is no evidence to indicate seriously deficient performance that casts doubt on the,PHA's capacity to preserve
and protect its'pubhc housing developments and operate them in accordance with Federal law and regulations. Appropriate
sanctions for intentional false certification will be imposed, including suspension or debarment of the signatories:'
Chairperson, Board of Commissioners : (signature & date)
Resolution approving this certification is required and must a attached to the executed certification.
hall be signed by the corresponding organization's top executive or head.
Attested to by: (Executive Directors signature & date)
X /v1�1i17 ArkA
Previous editions are obsolete.
Page 4 of 4
form HUD -50'
ref. Handb Pre'
Component #4: Grant Program Goals
• p . , n noitc't:
a. PHA has HUD funded drug
prevention and/or crtrde reduction programs
(enter Yes or No) • „ '
it •
V* . 41 At it .t
to be
for all non -HUD
funded drug
prevention and crime reduction
programs (enter Yes or No)
.. Mot' Flet "i :IA .t
b. PHA requests
assessed
'' No
_ " ..' Ai i9
C. PHA can document that the
program goals are related to drug
And crime rates (enter Yes or No) "•1' •
d. Percentage of goals that the PHA
can document It met under Implementation plan(s)
for any and all of these programs
N/Q'
•
'' %�
Adjustments
for Physical Condition andlor Neighborhood Environment
•.
No .1 Ti
PHA claims adjustment
for
physical condition and/or neighborhood environment (enter Yes or No.) '
a.
No
b. Total units (not exempted
for any other
reason) subject
to both
physical
conditions and neighborhood
environment
c. Total units (not exempted for any
other reason)
subject
to physical conditions onlyNp,A
rf. Total units (not exempted for any
other reason) subject to nelghborhood,environment only
N/A
11-
t
'd 1.1 :t
'
^.•u
We hereby ceriify that, as of the submission date, the above indicators, under the Public Housing Management Assessment
Program (PHMAP), aretrue and accurate for its fiscal year indicated above. The undersigned further certify that, to,their present
knowledge, there is no evidence to indicate seriously deficient performance that casts doubt on the,PHA's capacity to preserve
and protect its'pubhc housing developments and operate them in accordance with Federal law and regulations. Appropriate
sanctions for intentional false certification will be imposed, including suspension or debarment of the signatories:'
Chairperson, Board of Commissioners : (signature & date)
Resolution approving this certification is required and must a attached to the executed certification.
hall be signed by the corresponding organization's top executive or head.
Attested to by: (Executive Directors signature & date)
X /v1�1i17 ArkA
Previous editions are obsolete.
Page 4 of 4
form HUD -50'
ref. Handb Pre'
4
•
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RESOLUTION NO. 619
RESOLUTION ADOPTING REVISED DWELLING LEASE
WHEREAS, the present Dwelling Lease for Public Housing in
Fayetteville, Arkansas needs to be updated to reflect
changes in regulations and language,
BE IT RESOLVED by the Board of Commissioners of the
Fayetteville Housing Authority of the attached Revised
Dwelling Lease be adopted and effective immediately.
PASSED AND APPROVED THIS Ale DAY OF)010,401998
THE HOUSING AUTHORITY OF THE CITY
OF FAYETTEVILLE, ARKANSAS
ATTEST:
AIRPERSON
HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE - DWELLING LEASE
Account No. Development No.Bedrooms
The Housing Authority of the City of Fayetteville (herein called the "PHA") leases to
'(Herein called "Resident" for himself/herself and his/her family consisting of
the dwelling unit located at
for the term beginning and ending at midnight
at a rental rate of $ and a security deposit of $
(not to exceed PHA -established 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 $
(2) The following utilities will be furnished by the PHA without additional cost to the Resident: Management agrees to furnish utilities as allowed
in the posted schedule in office of management. The following utilities will be paid for by the Resident: Electricity and Excess Gas used
over allotted amount beyond posted schedule at the then current rate applicable.
THIS LEASE AGREEMENT: (called the "Lease" is between the Housing Authority of Fayetteville, AR and Tenant named above in this lease
(called "Tenant").
(3) Description of the Parties and Premises:
A The Authority, using verified data about income, family composition, and needs, leases to Tenant, the property (called "premises" or "dwelling
unit") named above in this Lease Agreement subject to the terms and conditions contained in this lease.
B Any additions to the household members named on the lease including Live-in Aides and foster children, but excluding natural births,
require the advance written approval of the Authority. Such approval will be granted only if the new family members pass the Authority's
screening criteria and a unit of the appropriate size is available. Permission to add Live-in aides and foster children shall not be unreasonably
refused.
Tenant agrees to wait for the Authority's approval before allowing additional persons to move into the premises. Failure on the part of the ten-
ant to comply with this provision is a serious violation of the material terms of the lease, for which the Authority may terminate the lease in
accordance with section 13.
C Deletions (for any reason) from the household members named on the lease shall be reported by the tenant to the Authority in writing within
10 days of the occurrence.
D Unless otherwise modified or terminated in accordance with section 13, this lease shall automatically be renewed for successive terms of one
calendar month.
The rent amount is stated in Part One of this lease. Rent shall remain in effect unless adjusted by the Authority in accordance with Section 4
herein.
The amount of the Total Tenant Payment and Tenant Rent shall be determined by the Authority in compliance with HUD regulations and
requirements and in accordance with the Authority's Admissions and Occupancy Policy,
E Rent is DUE and PAYABLE in advance on the first day of each month and shall be considered delinquent after the fifth calendar day of the
month. Rent may include utilities as described in Section 2 above, and includes all maintenance services due to normal wear and tear.
When the Authority makes any change in the amount of Total Tenant Payment or Tenant Rent, the Authority shall give written notice to ten-
ant. The notice shall state the new amount, and the date from which the new amount is applicable. Rent redeterminations are subject to the
Administrative Grievance Procedure. The notice shall also state Tenant may ask for an explanation of how the amount is computed by the
Authority. If Tenant asks for an explanation, the Authority shall respond in a reasonable time,
(4) Redetermination of Rent and Family Composition: Once each year as requested by PHA, resident agrees to furnish accurate information
to PHA as to family income, employment, and certification of family composition, for use by PHA in determining whether the rent should be
changed, and whether the dwelling size is still appropriate for Resident's needs. This determination will be made in accordance with the
approved Statement of Occupancy Policies available in the Project Office. Any rent that is charged as a result of a redetermination as outlined
above will become effective on the first of the calendar month following each redetermination.
• A
i
Rent as fixed in Section One hereof or as redetermined pursuant to the above will remain in effect for the period between regular redetermi-
nation unless during such period: (1) Resident can show a change in his/her circumstances (such as a decline in income) which would justi-
fy a reduction in rent pursuant to the Schedule of Rents or other such circumstances as would create a hardship situation. (2) Resident
commences to receive public assistance or his/her public assistance is terminated. Such a change must be reported to PHA within the (10)
days of its occurrence. (3) It is found that Resident has misrepresented to PHA 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 is found, than the increase in rent may be made retroactive.
In the event of any rent adjustment pursuant to the above, management will mail or deliver a "Notice of Rent Adjustment" to the Resident in
accordance with Section 12 hereof. In the case of rent decreases, the decrease will become effective the first day of the following month. In
case of rent increases the increase will have effect the first day of the second following month, unless the rent increase results from a finding
of intentional misrepresentation under Section 4A (3) above.
B If the PHA determines that the size of the dwelling unit is no longer appropriate to the Resident's needs, the PHA must notify the Resident in
acccrdance with Section 12 hereof. The Resident will be required to move to another unit within the project in which he lives when available,
giving the resident a reasonable time in which to move. The PHA shall require the Resident to execute a new lease.
When the PHA predetermines the amount of rent (Total Tenant Payment or Tenant Rent) payable by the Resident, not including determina-
tion of the PHA's schedule of Utility allowances, or determines that the Resident must transfer to another unit based on family composition,
the PHA shall notify the determination, and that if the Resident does not agree with the determination, the Resident shall have the right to
request a hearing under the PHA grievance procedure.
(5) Rent Adjustments: The monthlyiental on the leased dwelling unit as adjusted by reason of changes provided in Section 4 above is as follows:
Net Family Income No. Minors Monthly Rent Date Effective
6. Residents' Rights To Use and Occupy
A The resident shall have the right to exclusive use and occupancy of the leased unit including reasonable accommodation of their guest, or
visitors. The term "guest" means a person in leased unit with consent of a household member. A visit may not extend beyond two weeks
without the PHA approval and not to exceed two weeks per year.
B With the consent of the PHA, a foster child or a live-in aide may reside in the unit. The definition of a live-in aide is a person who resides
an elderly, disabled, or handicapped person or persons and who: (1) Is determined to be essential to the care and well-being of the per-
son(s). (2) Is not obligated for the support of the person(s). (3) Would not be living in the unit except to provide the necessary supportive
services. The PHA may adopt reasonable policies concerning residence by a foster child or a live-in aide, and defining the circumstances in
which PHA consent will be given or denied. Under such policies, the factors considered by the PHA may include: (1) Whether the addition
of a new occupant may necessitate a transfer of the family to another unit, and whether such units are available. (2) The PHA's obligation
to make reasonable accommodation for handicapped persons.
(7) The PHA's Obligations: The PHA agrees to the following:
A To maintain the dwelling unit and the project in decent, safe, and sanitary condition.
B To comply with requirements of applicable building codes, housing codes, and HUD regulations materially affecting health and safety.
C To make necessary repairs to the dwelling unit.
D To keep project buildings, facilities, and common areas not otherwise assigned to the Resident 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, ventilation, and other facilities and appli-
ances, including elevators, supplied or required to be supplied by the PHA.
F To provide and maintain appropriate receptacles and facilities (except containers for the exclusive use of any individual Resident family) for
the deposit of ashes, garbage, rubbish, and other waste removed from the dwelling by the Resident in accordance with Section B above.
G (1) To notify the Resident of the specific grounds for any purposed adverse action by the PHA. (Such adverse action includes, but is not lim-
ited to, a proposed lease termination, transfer of the Resident to another unit, or imposition of charges for maintenance and repair, or for
excess consumption of utilities.) (2) When the PHA is required to afford the Resident the opportunity for a hearing under the PHA grievance
procedure Or a grievance concerning a proposed adverse action: (a) The notice of proposed adverse action shall inform the Resident oak
right to request such hearing. In the case of a lease termination, a notice of lease termination in accordance with Section 14 of this Leas
shall constitute adequate notice of proposed adverse action. (b) In the case of a proposed adverse action other than a proposed lease ter-
mination, the PHA shall not take the proposed action until the time for the Resident to request a grievance hearing has expired, and (if a
hearing was timely requested by the Resident) the grievance process has been completed.
(8) Tenant's Obligations: Tenant shall be obligated for:
A Not to assign the Lease, nor sublease the dwelling unit.
B (1) Not to give accommodations to borders or lodgers. (2) Not to accommodate to long term guests (in excess of 14 days) without the
advance written consent of the Authority.
C To use the dwelling solely as a private dwelling for Tenant and Tenant's household as identified in this Lease, and not to use or permit its use
for any other purpose.
This provision does not exclude the care of foster children or live-in care of a member of Tenant's family, provided the accommodation of
such persons conforms to the Authority's Occupancy standards, and so long as the Authority has granted prior written approval for the foster
child(ren), or live-in aide to reside in the unit.
D To abide by necessary and reasonable regulations promulgated by the Authority for the benefit and well-being of the housing project and
Tenants. These regulations shall be posted in a conspicuous manner in the project office and incorporated by reference in this Lease.
Violation of such regulations constitutes a violation of the Lease
E To comply with the requirements of applicable state and the building or housing codes, materially affecting health and or safety of Tenant and
household.
F To keep the dwelling unit and other such areas as may be assigned to Tenant for exclusive use in a clean and safe condition. This includes
keeping front and rear entrances and hallways for the exclusive use of Tenant, free from hazards and trash and keeping the yard free of
debris and litter.
G To dispose of all garbage, rubbish, and other waste from the dwelling unit in a sanitary and safe manner only in containers approved or410
vided by the Authority. To refrain from, and cause members of Tenant's household or guest to refrain from, littering or leaving trash and
debris in common areas
H To use only in reasonable manner all electrical, sanitary, heating, ventilating, air conditioning, and other facilities and appurtenances including
elevators.
I To refrain from, and to cause household and guests to refrain from destroying, defacing, damaging, or removing any part of dwelling uni.
project.
J To pay reasonable charges (other than for wear and tear) for the repair of damages to the dwelling unit, project buildings, facilities, or com-
mon areas caused by Tenant, household members or guests.
K To act and cause household members or guests to act in a manner that will: (1) Not disturb other residents' peaceful enjoyment of their
accommodations; and (2) Be conductive to maintaining all Authority projects in a decent, safe, and sanitary condition.
L To assure that Tenant, any member of the household, a guest, or another person under Tenant's control shall not engage in: (1) Any crimi-
nal activity that threatens the health, safety or right to peaceful enjoyment of the Authority's public housing premises by other residents or
employees of the Authority, or (2) Any drug-related criminal activity on or off the premises. Any criminal activity in violation of the preceding
sentence shall be cause for termination of tenancy and for eviction from the unit. (For the purposes of this lease, the term drug-related crimi-
nal activity means the illegal possession, manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use,
of a controlled substance as defined in Section 101 or the Controlled Substances Act.) or (3) Any alcohol abuse that the PHA determines
interferes with the health, safety or right to peaceful enjoyment of the premises by other residents.
rM •To make no alterations or repairs or redecorations to the interior of the dwelling unit or to the equipment, nor to install additional equipment
or major appliances without written consent of the Authority. To make no changes to locks or install new locks on exterior doors without the
Authority's written approval. To use no nails, tacks, screws, brackets, or fasteners on any part of the dwelling unit (a reasonable number of
picture hangers excepted) without authorization of the Authority.
ill To give prompt prior notice to the Authority, in accordance with Section 12 hereof, of Tenant's leaving dwelling unit unoccupied for any period
exceeding one calendar week.
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O To act in a cooperative manner with neighbors and the Authority's Staff. To refrain from and cause members of Tenants household or guests
to refrain from acting or speaking in an abusive or threatening manner toward neighbors and the Authority's staff.
P Not to display, use, or possess or allow members of Tenant's household or guests to display, use or possess any firearms, (operable or inop-
erable) or other offensive weapons as defined by the laws and courts of the State of Arkansas anywhere in the unit or elsewhere on the
property of the Authority.
O To take reasonable precautions to prevent fires and to refrain from storing or keeping flammable materials upon the premises.
R To avoid obstructing sidewalks, areaways, galleries, passages, elevators, or stairs, and to avoid using these for purposes other than going in
and out of the dwelling unit.
S To refrain from erecting or hanging radio or television antennas on or from any part of the dwelling unit.
T To refrain from placing signs of any type in or about the dwelling except those allowed under applicable zoning ordinances and then only
after having received written permission of the Authority.
U To insure that no member of their household keeps, maintains, harbors, or boards any dog, cat, livestock, or pet of any nature in the dwelling
unit or on the grounds of any Authority development except in accordance with the Authority's pet policy.
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However, in any development, a person with a disability may keep a companion or service animal that is needed as a reasonable accommo-
dation for his or her disability. An animal needed as a reasonable accommodation is not subject to the Authority's pet policy (if there is one),
although it is subject to reasonable health and safety rules.
To remove from Authority property any vehicles without valid registration and inspection stickers. To refrain from parking any vehicles in any
right-of-way or firelane designated and marked by the Authority. Any inoperable or unlicensed vehicle as described above will be removed
from Authority property at Tenant's expense. Automobile repairs are not permitted on project site.
W To remove any personal property left on Authority property when Tenant leaves, abandons or surrenders the dwelling unit.
X To use reasonable care to keep the dwelling unit in such condition as to ensure proper health and sanitation standards for Tenant, household
members and neighbors. TENANT SHALL NOTIFY THE AUTHORITY PROMPTLY OF KNOWN NEED FOR REPAIRS TO THE DWELLING
UNIT, and of unsafe or unsanitary conditions in the dwelling unit or in common areas and grounds of the Project. Tenant's failure to report the
need for repairs in a timely manner shall be considered to contribute to any damage that occurs.
Y (1) Not to commit any fraud in connection with any Federal housing assistance program and (2) Not to receive assistance for occupancy of
any other unit assisted under any Federal housing assistance program during the term of the lease.
Z To pay promptly any utility bills for utilities supplied to Tenant by a direct connection to the utility company, and to avoid disconnection of utili-
ty service for such utilities.
9. Defects Hazardous to Life, Health or Safety:
In the event that the dwelling unit is damaged to the extent that conditions are created which are hazardous to the life, health or safety of the
occupants. Authority's Responsibilities:
A The Authority shall be responsible for repair of the unit within a reasonable period of time after receiving notice from Tenant, provided, if the
damage was caused by the Tenant, household members, or guests, the reasonable cost of the repairs shall be charged to Tenant.
B The Authority shall offer Tenant a replacement dwelling unit, if available, if necessary repairs cannot be made within a reasonable time. The
Authority is not required to offer Tenant a replacement unit if the hazardous condition was caused by Tenant, household members, or guests.
C Tenant shall accept any replacement unit offered p the Authority
D In the event repairs cannot be made by the Authority, as described above, or alternative accommodations are not provided, then rent shall
abate in proportion to the seriousness of the damage and loss in value as a dwelling. No abatement of rent shall occur if Tenant rejects alter -
,native accommodations or if the damage was caused by Tenant, household members, or guests.
If the Authority determines that the dwelling unit is untenantable because of imminent danger to the life, health, and safety of Tenant, and
alternative accommodations are refused by Tenant, this Lease shall be terminated, and any rent paid will be refunded to Tenant.
10. Re -occupancy and Pre -termination Inspections: The PHA and the Resident or his/her representative shall be obligated to inspect the
dwelling unit prior to commencement of occupancy by the Resident. The PHA will furnish the Resident with a written statement of the condition
iof the dwelling unit and the equipment provided with the unit. The statement shall be signed by the PHA and the Resident, and a copy of the
statement shall be retained by the PHA in the Resident's folder. The PHA shall be further obligated to inspect the unit at the time the Resident
vacates the unit and to furnish the Resident a statement of any charges to be made in accordance with Section 16 of this Lease. The Resident
or Resident's representative shall participate in this inspection unless the Resident vacates without notice to the PHA.
11. Entry of Premises During Tenancy:
A Tenant Responsibilities:
(1) Tenant agrees that the duly authorized agent, employee, or contractor of the Authority will be permitted to enter Tenant's dwelling during
reasonable hours (8:00 AM to 5:00 PM), for the purpose of performing routine maintenance, making improvements or repairs, inspecting the
unit, or showing the unit for releasing. (2) When Tenant calls to request maintenance on the unit, the Authority shall attempt to provide such
maintenance at a time convenient to Tenant. If Tenant is absent from the dwelling unit when the Authority comes to perform maintenance,
Tenants request for maintenance shall constitute permission to enter.
8 Authority's Responsibilities:
(1) Authority shall give Tenant at least 48 hours written notice that the Authority intends to enter the unit. Authority may enter only at reason-
able times. (2) The Authority may enter Tenant's dwelling unit at any time without advance notification when there is reasonable cause to
believe that an emergency exists. (3) If Tenant and all adult members of the household are absent from the dwelling unit at the time of
entry, Authority shall leave in the dwelling unit a written statement specifying the date, time and purpose of entry prior to leaving the dwelling
unit.
12. Notice Procedures: The following procedure shall be followed by the PHA and Residents in giving notice one to the other:
A Except as provided in Section 11 above. Notice to the Resident shall be in writing and delivered to the Resident and/or to an adult member
of the Resident's household residing in the dwelling, or sent by prepaid certified first class mail properly addressed to the Resident; and
8 Notice to the PHA shall be in writing, delivered to the development office or the PHA Central Office or sent by prepaid certified first-clas ail
properly addressed.
C If the Resident is visually impaired, all notices must be in an accessible format.
13. Termination of the Lease:
In termination of the Lease, the following procedures shall be followed by the Authority and Tenant:
A This Lease may be terminated only for serious or repeated violations of material terms of the Lease, such as failure to make payments due
under the lease or to fulfill Tenant obligations set forth in sections 8 above, or for other good cause. Such serious or repeated violation of
terms shall include but not be limited to:
(1) The failure to pay rent or other payments when due; (2) Repeated late payment, which shall be defined as failure to pay the amount of rent
or other charges due by the 5th of the month. Four such late payments within a 12 month period shall constitute a repeated late payment;
(3) Failure to pay utility bills when Tenant is responsible for paying such bills directly; to the supplier of utilities; (4) Misrepresentation of
family income, assets, or composition; (5) Failure to supply, in a timely fashion, any certification, release, information, or documentation on
Family income or composition needed to process annual reexaminations or interim redeterminations. (6) Serious or repeated damage to the
dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any project site; (7) Criminal activity by
Tenant, household member, guest, or other person under Tenant's control, including criminal activity that threatens the health, safety or right
to peaceful enjoyment of the Authority's public housing premises by other residents or employees, or any drug-related criminal activity on or
off the premises. (8) Alcohol abuse that the Authority determines interferes with the health, safety or right to peaceful enjoyment of the
premises by other residents; (9) Weapons or illegal drugs seized in an Authority unit by a law enforcement officer (10) Any fire on Authority
premises caused by the Tenant, household members or guests' actions or neglect.
14. Grievance Procedures: All disputes concerning the obligations of the Resident or the PHA shall, except as provided below, be resolved in
accordance with the grievance procedures adopted by the PHA, which shall be posted in a conspicuous manner in the development office,
and which grievance procedure is hereby incorporated by reference. Disputes concerning a termination of tenancy or eviction that involves the
following PHA grievance procedure;
A Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the premises by other residents or employees of.
PHA or
B Any drug-related criminal activity on or off such premises.
C Any alcohol abuse that the PHA determines interferes with the health, safety or right to peaceful enjoyment of the premises by other resi-
dents.
16. Resident Charges: The charges to Residents for maintenance and repair beyond normal wear and tear shall be based on a schedule posted
in the Development Office. The amounts charged for excess utility consumption shall not be pro rate, but by direct meter readings of units, and
shall be based upon posted utility schedule at the office of the PHA, at the then current utility rate.
17 Payment of Charges: The charges assessed against the Resident under Section 16 above and any late payment penalties, if applicable,
shall not become due and collectible until two weeks after the PHA gives written notice of the charges.
18. Provisions for Modifications: Modification of this lease shall be accomplished by a written rider executed by both parties except for Section 4
above and the posting of policies, rules, and regulations.
IN WITNESS WHEREOF the parties have executed this lease agreement this day of 19
HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE
Resident
Resident
By
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