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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