Housing Authority Govern. BdMEMORANDUM
January 14,2002
TO:
The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Housing Authority Governing Board
In response to a Department of Housing and Urban Development (HUD) regulation
published last year, the Council amended Chapter 15 to add a Section 8 Program
participant to the membership of the Housing Commission. A tenth seat was added,
designated solely for appointment by the Council of a resident currently receiving
Section 8 assistance.
However, a more recent interpretation by HUD of this regulation has been issued,
requiring that the "governing board" of the housing authority must have a member who
is a recipient of public housing assistance. In Dubuque, matters of administration of the
Housing Department's Section 8 Program are under the jurisdiction of the Housing
Commission. The Commission is, in turn, an advisory body to the City Council.
According to HUD's interpretation, then, the governing board is the Council. For this
reason, we are not in compliance, as a Section 8 participant is not, in fact, a member of
the governing board.
Housing and Community Development Department Director David Harris is
recommending amending Sections 15-10 and 15-11 of Chapter 15 and creating a
Municipal Housing Agency Governing board consisting of all current members of the
City Council plus one resident who is a recipient of public housing assistance.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
9 January 01
To: Mike Van Milligen, City Manager
From: David Harris, Housing and Community Development Department
Re: Housing Authority Governing Board
Introduction
The purpose of this memorandum is to request the City Council to amend
Chapter 15 of the Code of Ordinances to create a governing board for purposes
of administration of the Housing Department's federal Section 8 rental
assistance program.
Background
In response to a Department of Housing and Urban Development (HUD)
regulation published last year, the Council amended Chapter 15 to add a Section
8 Program paticipant to the membership of the Housing Commission. ^ tenth
seat was added, designated solely for appointment by the Council of a resident
currently receiving Section 8 assistance.
However, a more recent interpretation by HUD of this regulation has been
issued, requiring that the "governing board" of the housing authority must have a
member who is a recipient of public housing assistance. In Dubuque, matters of
administration of the Housing Department's Section 8 Program are under the
jurisdiction of the Housing Commission. The Commission is in turn an advisory
body to the City Council. According to HUD's interpretation, then, the governing
board is the Council. For this reason, we are not in compliance, as a Section 8
participant is not in fact a member of the governing board.
Discussion
HUD has suggested the following options for compliance with this directive:
1. The Section 8 participant (resident) may be appointed/elected to the City
Council, and would participate only in matters of housing authority
business.
2. A separate housing authority governing board - including at least one
resident - may be created, with fully independent powers.
3. The Council may create a "housing authority governing board,' consisting
of all current members of the Council plus a resident.
The third option is the staff's recommendation. The effect of this will be Council
appointment of the Housing Commissioner currently serving as the designated
Section 8 participant. Appointment will be to a "governing board," which will
meet, prior to a regularly-scheduled City Council meeting, whenever housing
authority business needs to be transacted.
In practice, this will not result in additional business for the Council. Currently,
only those housing authority matters requiring Council approval are placed on
Council agendas. These primarily concern authorizations for grant applications
and resulting contracts for HUD funds. Other business currently considered only
by the Housing Commission, such as revisions to Section 8 administrative
policies and appeals hearings, will continue to be placed only on Housing
Commission agendas.
Action Step
The attached ordinance revision has been prepared by Corporate Counsel Barry
Lindahl, amending Sections 15-10 and 15-11 of Chapter 15 and creating a
municipal housing agency governing board.
The action requested of the Council is to adopt the attached ordinance.
ORDINANCE NO. 5-02
AN ORDINANCE AMENDING CHAPTER 15, COMMUNITY DEVELOPMENT, OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING ARTICLE II,
LOW-RENT HOUSING, DIVISION I, GENERALLY, SECTION 15-11,
DESIGNATION OF MUNICIPAL HOUSING AGENCY, AND ADOPTING A NEW
ARTICLE II MUNICIPAL HOUSING POWERS, DIVISION 1, MUNICIPAL HOUSING
AGENCY, SECTION 15-11, MUNICIPAL HOUSING AGENCYAND GOVERNING
BOARD; AND BY REPEALING SECTION 15-12, HOUSING PROGRAM
SUPERVISOR.
Now, therefore, be it enacted by the City Council of the City of Dubuque, Iowa, as
follows:
Section 1. ARTICLE II, Division 1, Sections 15-11 and 15-12 of Chapter 15 of the
City of Dubuque Code of Ordinances, are hereby repealed and the following new article,
division and sections are adopted:
ARTICLE II. MUNICIPAL HOUSING POWERS
DIVISION 1. MUNICIPAL HOUSING AGENCY
Sec. 15-11. Municipal housing agency and governing board:
(a)
The City Council has determined it to be in the public interest for the city to
directly exemise its municipal housing powers under Iowa Code chapter
403A. The city is the designated municipal housing agency for the city and
shall exemise all the powers as are provided for in Iowa Code chapter 403A.
The goveming body of the municipal housing agency shall be the municipal
housing governing board, referred to in this chapter as the"governing board",
consisting of the City Council and one member appointed as provided in
paragraph (b). The governing board shall comply with the procedural rules of
the City Council and shall have final jurisdiction over all matters of the
municipal housing agency. The City Manager is authorized to direct,
administer, and manage the agency through the Department of Housing and
Community Development.
(b)
The appointed member of the governing board shall be the member of the
Housing Commission appointed pursuant to Section 15-23(e).
(c)
The Mayor shall preside at all meetings of the governing board and shall
execute agreements, deeds and other documents as Mayor of the City of
Dubuque.
2
Section. 2. This ordinance shall be in full force and effect from and after its passage
and publication as provided by law.
Passed, approved and adopted this 21st day of January, 2002.
Ann E. Michalski, Mayor Pro-Tem
ATTEST:
Jeanne F. Schneider, City Clerk