Minutes Housing 4 26 05
MINUTES OF HOUSING COMMISSION MEETING
DATE:
TIME:
PLACE:
26 April 2005
4 p.m.
Housing and Community Development Department
Vice-Chairperson Eddy called the meeting to order at 4:01 p.m. following staff assurance of
compliance with Iowa Open Meeting Law.
Commissioners Present:
Danita Grant Harry Neustadt
Bill Helling Dorothy Culbertson
Dave Kapler (via telephone)
Dorothy Schwendinger, OSF
John Plein
Char E~
---
(-)
, ,
Commissioners Absent:
Angie Mozena
Jim Holz
Staff Present:
David Harris
Joleen Patterson
Janet Walker
Tusdee.Blus
---,
)
C"
Public Present:
Archie Ralston
Angelina Sparks
Janet Jasper, Jail Diversion
Natalia Blaskovich, Legal Aid
Review and Certification of Minutes of 22 March 2005 Commission Meetina
Commissioner Neustadt motioned to approve the 22 March 2005 minutes as submitted.
Commissioner Helling seconded. Roll call. Commisioners Grant and Kapler abstained. All
others present in favor. Motion passed.
4:03 p.m. - Commissioner Schwendinger arrived.
Correspondence I Public Input
None
Vice-Chairperson Eddy suggested that because Mr. Archie Ralston was present for the meeting,
that proceedings be moved ahead to item 5c under New Business: Request for Appeal. The
Commission agreed to this suggestion.
Request for Appeal: Archie Ralston
David Harris stated that he had missed the filing deadline for appeals. Janet Walker then
summarized Mr. Ralston's case. She stated that he was terminated on January 3, 2005
for moving without notice. He submitted another application for rental assistance, which
was subsequently denied. He was notified of his right to appeal the decision; however,
he failed to file the appeal within the specified timeframe.
Commissioner Neustadt noted that the dates on the letters were not the same and
suggested that may not be correct.
Commissioner Helling motioned to grant Mr. Ralston's request for an appeal hearing.
Roll call. Commissioners Eddy, Kapler, Plein, Grant and Neustadt - Nay. All others in
favor. Motion denied.
Request for Appeal: Rebecca Nolan
Janet summarized Ms. Nolan's circumstances, stating that she, too, missed the filing
deadline for her appeal. She has already had an appeal hearing with David, after which
he allowed her to continue with her rental assistance with the stipulation she repay all
benefits received due to previously unreported income. She was notified of her right to
appeal David's decision, but failed to do so within the stated timeframe. At this time,
David's original decision stands.
Ms. Natalia Blaskovich of Legal Aid was present on Ms. Nolan's behalf. She stated that it
was in fact the fault of her office that the appeal was not filed in a timely fashion and
respectfully requested that fact to be taken into consideration by the Commission when
making their decision. Several of the Commission members stated that if this is truly the
case, they felt that Ms. Nolan should not be penalized for Legal, Aid's mistake.
Commissioner Grant motioned to grant Ms. Nolan an appeal hearing with a
Commissioner. Commissioner Helling seconded. Roll call. Commissioner Culbertson -
Nay. All others in favor. Motion passed.
The Commission then determined that Commissioner Culbertson would hear the appeal
and Commissioner Plein would be present as an observer.
Old Business
Review I Discussion: Appeals Process
Janet reviewed the packet provided to the Commission. It represents HUD's regulations, and
our policies. According to these regulations/policies, the first to hear an appeal is the Director,
David Harris. This appeal right is guaranteed if filed for within 20 days. If David's decision is
disputed, the right to an appeal hearing with a Commissioner is also guaranteed as long as it is
filed for within the 20 day timeframe. The full Commission is the last body to hear an appeal;
however, this option is only available in special circumstances (ie. the Commissioner's decision
disagrees with David's decision).
Several questions were raised by the Commission, including whether or not the notices were
sent registered mail and how would the participants find out that they have the right to an appeal
if they did not apparently know about it in time to file the appeal within the correct timeframe.
Commissioner Eddy asked if our current policy is common among other Public Housing
Authorities and Janet stated that we actually allow more appeal opportunities than most. Many
other Public Housing Authorities only offer one appeal.
Janet stated that for any policy changes, she would need the Commission's direction and she
would then take their recommendations and input to the RAB (Resident Advisory Board) for their
input. She would then need to bring everything back to the Commission for final approval. Janet
then explained that the problem of rental assistance continuing during the timeframe the appeal
has been filed, scheduled and held, and then a decision rendered is costing considerable rental
assistance dollars. Conceivably a participant can receive several additional months of
assistance as long as they continue to appeal within the proper timeframe.
It was suggested that a possible rotating schedule of Commissioners be established so that
assigning the appeals hearing would take less time. Chairperson Kapler asked if participants are
required to sign a statement that they understand our policies and procedures, and Janet stated
that they do in fact sign such a form when they go onto the program.
Commissioner Neustadt motioned to propose to change the appeal policy to eliminate the full
Commission option and for Janet to provide this proposal to the RAB for their input.
Commissioner Grant seconded. Roll call. Commissioners Schwendinger, Plein and Eddy - Nay.
All others in favor. Motion passed.
The Commission also stated that they would like to begin the appeal rotation schedule
immediately.
Proposal: Minimum Tenant Rent Payment
Janet reviewed the overview of possible changes that could.be made, including the requirement
for minimum rental payments by Section 8 participants. $0 - $50 is the guideline for what we can
assign as a dollar figure. The RAB has recommended $10 I household. Janet noted that
addition of this policy to our Plan could cause more appeals, and the question was raised as to
whether it would be worth the savings to initiate this as a new policy. The monies saved would
be nominal in comparison to the time staff would have to dedicate to implementing it. The
Commission decided it would not be cost effective, not to implement it as a policy and noted the
RAB's comments.
Amendment to Administrative Plan: Interim Recertification of Tenant Income
Janet explained our current policy and stated that this policy change was proposed by the
Landlord Association. She noted that this also would have to be reviewed by the RAB.
Janet stated that there is a cost to be incurred to process additional income changes, and
reviewed suggestions proposed by staff. Possible Admin Plan policy issues for interim changes
are as follows:
1. Changes in income that result in an increase of the Tenant rent by $100 or more; or
50% increase in income
2. All decreases in income will be processed
3. Timeframe requirements
a. Tenant must report all changes in income within 30 days of the change
b. Newly earned income will be considered after 90 days to allow for a probationary
time period
c. The interim change will be processed to allow at least 30 days notice to tenant /
landlord
d. If a family causes a delay in reporting a decrease in income until after the 21 st of a
month, the change will not become effective until all verifications have been
received and will not be effective until the first of the second month after the
change
e. If the decrease in income is delayed and is beyond the control of the family, the
reduction will be effective the first of the month after verifications are received
f. Changes in income should be reported as soon as it occurs but must be reported
no later than 30 days from the date of the change
4. Social Security cost of living increases will be processed at annual re-exams only
5. Decreases in income due to voluntary leaves of absence from employment without
pay will not result in an increase of HAP
Commissioners Eddy and Helling preferred the 50% option. After further discussion, the
Commission determined that options 3A and 3F were similar and that A was not necessary.
Overall the Commission was favorable to the policy change and Janet will take their input to the
RAB. She will also verify with HUD that the change is allowable and feasible.
New Business
Family Self-Sufficiency Coordinator Application
David stated that the annual reapplication went to the Council for approval. There is a 1 %
increase. Chairperson Kapler motioned to approve the FSS Coordinator application.
Commissioner Grant seconded. Roll call. Commissioner Eddy - abstained. All others in favor.
Motion passed.
Proposal: Reduced Interest Rates for Moderate Income Rental Rehab Program
Joleen Patterson proposed the current Moderate Income Rehab Program currently at a 3%
interest rate for landlords be deferred for period of 5 years and then payments started. Due to
the fact that S8 rents (payment standards) were substantially dropped, the property owners are
not utilizing the rehab loans as much. This proposal is to be an incentive for landlords to obtain
funds from this office and rehabilitate their properties. Joleen clarified that up to $5,000 can be
borrowed, at $330 for every additional $1,000 spent over the $15,000 I unit total. The main
target is the Washington Street Neighborhood.
Chairperson Kapler motioned to approve the proposed program revision with a one year annual
review. Commissioner Schwendinger seconded. Roll call. Commissioner Neustadt - Nay. All
others in favor. Motion passed.
Assignment of Appeal: Bridgette Davis
Commissioner Helling will preside over the hearing for Ms. Davis. Commissioner Schwendinger
will be present as an observer.
Proposal: Commissioner Training for Appeals
David stated that this is a result of a discussion with Tim O'Brien. Attorney O'Brien sat in on a
recent appeal hearing, and has offered his services to set up training for establishing a
standardized procedure for hearing appeals. The Commission felt this would be helpful, and
David will invite Mr. O'Brien to our next meeting.
Information Sharing
Housing Trust Fund Award from Iowa Finance Authority
David stated that $163,000 in funding was received. David also noted John Gronen received an
IFA grant for the Casket Company tax credit project.
Iowa Coalition for Housing & Homeless Annual Conference
David mentioned the conference will be held on June 13th and 14th in Des Moines.
Adiournment
There being no further business to come before the Commission, Commissioner Grant moved to
adjourn. Commissioner Helling seconded. Motion passed by a voice vote. Meeting was
adjourned at 5:47 p.m.
Minutes taken by:
~8k
Tusdee Blus
Assisted Housing Secretary
~ReS~eCtfUIlY submitted by:
:4.
'~ vid Harris
Department Director