HomeMy WebLinkAbout2002_04_11 Housing Authority Minutes TOWN OF MAMARONECK HOUSING AUTHORITY
MEETING—APRIL 11, 2002
MINUTES
The meeting was called to order at 8:15 p.m. pursuant to the Notice annexed as Exhibit A to
these minutes.
Present were: Paul A. Winick
Mary Carlson
Susan Sidel
Also present: Hon. Phyllis Wittner, Liaison Town Councilperson
The meeting began with a discussion of the draft Policy Manual and proposed alternative
language suggested by Mr. Cherry, both of which had been distributed to Board Members in
advance of the meeting.
It was unanimously agreed that the proposed policy concerning minimum and maximum
occupant requirements for apartments should be removed from the current draft and inclusion of
any such policy be deferred until after further discussion by the Board.
Board members also requested other typographical and stylistic changes to the text of the
Policy Manual, which changes were made to the draft by Mr. Winick.
There being no further discussion concerning the Policy Manual, WINICK made the
following motion.
RESOLVED, after discussion by the Board, that the Board adopt the Policy Manual,
including the standards of desirability for eligibility for admission and continued occupancy of
tenants in Housing Authority property contained therein, in the form attached hereto as Exhibit
B, as the Policy Manual of the Town of Mamaroneck Housing Authority, effective immediately.
CARLSON seconded the motion.
The motion passed by a vote of 3 —Yes and 0—No.
The Board then directed Mr. Winick to make necessary changes in the Housing
Authority's Application, Renewal Application and form of lease to effectuate the adoption of the
Policy Manual and to ensure that violation of a policy contained therein is ground for rejection of
an Application or Renewal Application, if occurring during the term of furtive leases, a breach of
those leases.
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• The Board then discussed a request by a tenant to add her adult son as an additional
occupant of the tenant's apartment. The Board, after discussion, decided that the tenant should •
submit a completed application containing all pertinent information about the son required to
evaluate the son as a prospective occupant under all applicable Housing Authority policies. Mr.
Winick was instructed to advise the Property Manager to so inform the tenant.
There being no other business,the meeting was adjourned at 9:10 p.m.
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TOWN of MAMARONECk HOUSING AUThORITy
MEMORANDUM
DATE: March 20, 2002
TO: Town of Mamaroneck Housing Authority Members
FROM: Paul A. Winick, Chairman
SUBJECT: Housing Authority Meeting
Thursday, April 11, 2002
8:00 PM—Conference Room A
Principal Agenda Item—Consideration of the adoption of the
Policy Manual.
Please be advised that our next meeting of the Housing Authority will take place on •
Thursday, April 11, 2002, at 8:00 P.M., Conference Room B, Town Center Building, 740
W. Boston Post Road, Mamaroneck.
The purpose of this meeting is for the Housing Authority to consider the adoption of
a Policy Manual, including the adoption of standards of desirability for eligibility
for admission and continued occupancy of tenants in Housing Authority property."
Please contact the Supervisor's secretary, Lillian Robustelli, #381-7805, if unable to
attend.
Thank you.
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PAUL A. WINICK
CHAIRMAN
PAW/lr(97mtno)
c: Supervisor
Town Board
Phyllis Witmer, Liaison
Bram Fierstein, Gramatan Management,2 Hamilton Ave.,New Rochelle 10801 •
Mary Silver,Thelen,Reid&Priest,40 W. 576 St.,NYC 10019
_ _ f n1 A 701 7 011 0
TOWN OF MAMARONECK HOUSING AUTHORITY
POLICY MANUAL
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I. TENANT SELECTION/RENEWAL PROCESS
A. LOCAL PREFERENCES
It is the policy of The Authority to prefer community volunteers of the Volunteer Fire
Departments and Volunteer Ambulance Corps. of the Town of Mamaroneck (the"Town") and
the Villages of Larchmont and Mamaroneck(collectively, the "Villages"), employees of the
Town, the Villages and the Mamaroneck Union Free School District (the"School District") and
residents of the Town and the Villages to the extent that they are located within the geographic
area of the Town.
B. TIER CRITERIA
The Town of Mamaroneck Housing Authority has established criteria to determine who
may rent units at Hommocks Park Apartments. Applicants for these apartments will be grouped
into seven separate tiers, each tier representing a pool of applicants. Each applicant will specify
the Tiers) under which is/her application will be grouped. The Authority shall require supporting
proof of eligibility under the Tier indicated. The criteria used for these tier assignments follows:
Tier I. A. Unpaid active members of the Volunteer Fire Departments and •
Volunteer Ambulance Corps of the Town and the Villages who
have been in that status for at least two years prior to the date of
submittal of an application to the Housing Authority, and who
maintain that status continuously from the date of submittal
through and including the date they take occupancy in the
Hommocks Park apartment.
Tier I. B. Full-time employees of the Town, the Villages and the School
District,who have been in that status for at least two years prior to
the date of submittal of an application to the Housing Authority,
and who maintain that status continuously from the date of
submittal through and including the date they take occupancy in
the Hommocks Park apartment.
Tier II. Applicants from the Town, the Village of Larchmont, and
geographical area of the Village of Mamaroneck within the Town
of Mamaroneck who are:
a. Residents who are over 62 years of age and who have lived in
the Town or one of the Villages for at least two years as of the
time they submit an application to the Housing Authority;
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b. Residents who are under 30 years of age and who have lived in
the Town or one of the Villages for at least two years as of the
time they submit an application to the Housing Authority; or
c. Applicants who are unde 0 years of a e at-the tinrethey
submit an application to the Housing Authority, and who
attended high school while residents of the above jurisdictions
for a period of at least two years and who have lived at least
half of their lives in the above jurisdictions. Time spent in
college, technical school, the Armed Forces, or a federal
government- administered service corps may be counted
towards this residency requirement.
Tier III. Part time employees of the Town, Villages and School District
who have been in that status for at least two years prior to the date
of submittal on an application to the Housing Authority, and who
maintain that status continuously from the date of submittal
through and including the date they take occupancy in the
Hommocks Park apartment, and who.can demonstrate that the
majority of their household income comes from this employment.
Tier IV. Current residents of the Town,the Village of Larchmont, and the
geographical area of the Village of Mamaroneck within the Town
of Mamaroneck who have lived there for at least two years as of
the date they submit an application.
Tier V. A. Members of the immediate family(mother, father,brother, sister,
daughter, son) of current residents of the Town, Village of
Larchmont and geographical area of the Village of Mamaroneck
located within the Town of Mamaroneck who have lived there for
at least two years as of the date they submit an application.
Tier V. B. Non-resident full time employees of private firms or entities
located in the Town, Village of Larchmont and geographical area
of the Village of Mamaroneck located within the Town of
Mamaroneck, who have been in that status for at least two years
prior to the date of submittal on an application to the Housing
Authority, and who maintain that status continuously from the date
of submittal through and including the date they take occupancy in
the Hommocks Park apartment.
Tier VI. Residents of Westchester County who have lived in the County for
at least two years as of the date they submit an application.
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Tier VII All other persons.
C. INCOME LIMITATIONS •
1. MARKET RATE UNITS
The Authority will consider the income and expenses of each applicant and all
other household members (collectively, a"household unit") for the purpose of determining both
creditworthiness and suitability, given the goal of the complex as affordable housing, and will
require applicants to produce financial information that The Authority considers necessary for
processing the application.
Apartment units will be made available for households of one to four persons.
The maximum permissible household income is 95% of the Westchester County median income.
The annual rental cost of the unit cannot exceed 35% of the total
household income of the household unit.
2. SECTION 8 UNITS
A limited number of apartments will be made available under the Section 8
program to persons with incomes below certain maximum levels. The levels depend upon how
many people are intended to live in the apartment. For example incomes for the Section 8
apartments cannot exceed $23,400 for 1 person applying to live alone and $33,450 for a family •
of four. If your income is within this range contact Ms. Kathleen Kopa of the Town of
Mamaroneck PHA, (914) 381-7840, for information about how to apply for one of those
apartments.
D. STANDARD OF DESIRABILITY FOR ELIGIBILITY
FOR ADMISSION OR CONTINUED OCCUPANCY.
The Authority shall create and maintain an environment conducive to the good health,
safety, morals, welfare and comfort of authority tenants. Persons whose conduct and behavior
create effects and influences adverse and detrimental to the complex and persons residing
therein, interfere with and prevent the achievement of the objectives of the Public Housing Law
and the Housing Authority. In order to effectuate the policy hereinabove set forth, to protect the
property of the Authority and to facilitate proper administration by the Authority of its complexs,
the standard of desirability hereinafter set forth shall be followed by the Authority in approving
eligibility for admission or continued occupancy.
It shall be a ground for eligibility for admission or continued occupancy in any Authority
complex, that the applicant or tenant will be or is a desirable tenant.
(a) The standard to be used in approving eligibility for admission or continued
occupancy of a family shall be that the family will not or does not constitute:
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(1) a detriment to the health, safety or morals of its neighbors or the
community;
(2) an adverse influence upon sound family and community life;
(3) a source of danger to the peaceful occupation of the other tenants;
(4) a source of danger or cause of damage to the premises or property of the
Authority; or
(5) a nuisance.
(b) In making such determination, consideration shall be given to the family
composition,parental control over children, family stability,medical and other past history,
reputation, conduct and behavior, criminal record, if any, occupation of wage earners, and any
other data or information with respect to the family that has a bearing upon its desirability,
including its conduct or behavior while residing in a complex.
(c) In addition to any other conduct determined to violate the standard for eligibility
for admission or continued occupancy in any Authority complex, the following conduct by the
prospective tenant or proposed other resident of the apartment or an existing tenant or existing
other resident of the apartment, shall result in ineligibility therefor:
(1) the unlawful trade, manufacture, distribution, storage and/or sale of
marijuana or any controlled substance as more specifically defined and set forth in Section 3306
of the Public Health Law, and Section 220.00 of the Penal Law of the State of New York, or the
possession of a controlled substance such as would constitute a violation of Section 220.16,
Section 220.18 or Section 220.21 of the Penal Law of the State of New York, in the apartment or
in the common areas of the building or anywhere on the grounds of the complex by a tenant or a
member of a tenant's family or by any guest or other person invited or permitted into the
apartment or common areas of the building or onto the grounds of the complex by a tenant or by
a member of the tenant's family in occupancy with the tenant;provided that the tenant or such
family member shall have the actual knowledge of or shall have permitted such guest or other
person to engage in such unlawful possession,trade, manufacture, distribution, storage and/or
sale; or
(2) the unlawful possession, use or display of a"weapon" as defined in
Section 265.00 of the Penal Law of the State of New York, in the apartment or in the common
areas of the building or anywhere else upon the grounds of the complex by a tenant or member of
a tenant's family or by any guest or other person invited or permitted into the apartment or
common areas of the building or onto the grounds of the complex by a tenant or a member of a
tenant's family in occupancy with the tenant provided that the tenant or such family member
shall have actual knowledge of or shall have permitted such guest or other person to engage in
such unlawful possession, use or display.
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(3) a history of criminal activity involving crimes of violence against persons
or property;
(4) a history of disturbing neighbors or causing damage to Authority property;
(5) if any member of the household is registered, or is required to register,
under a state sex offender registration program.
(d) Any applicant or tenant determined to be ineligible by virtue of the standard
herein set forth, when applied to any member of the household, shall be declared to be ineligible
on the ground of nondesirability.
E. ADDITIONAL REQUIREMENTS FOR LEASE RENEWAL
1. Re-qualification under income requirements.
Prior to each lease renewal, tenants were required to demonstrate that they meet
the income requirements then applicable. Upon renewal, applications will be
examined for creditworthiness and compliance with income requirements, and
The Authority may require such supporting financial information from applicants
as it deems necessary.
2. Re-qualification under tier requirements
Tenants seeking renewal of leases may be required to demonstrate that they have •
been in continuous compliance, during the expiring lease term and through the
date of granting of the renewal lease, with the requirements of the Tier in which
their original application was considered (except for under 30 year of age status).
The Authority may require such supporting proof of compliance with Tier criteria
as it deems necessary for evaluating a renewal application.
F. RE-LETTING OF VACANT APARTMENTS
The Authority applies the following policy when re-letting apartments that become
vacant:
• The Authority's tier system will be the primary factor applied when selecting
from competing applicants for a vacant apartment. Successful applicants will also
have to meet whatever other eligibility requirements are applicable at the time the
applications are considered, including but not limited to income limitations and
credit checks. An existing tenant's history of timely rent payment and
compliance with the Authority's House Rules will be considered.
• The tiers will be applied in the usual order,with Tier I being given the highest
priority, Tier II the second priority, and so forth. For purposes of filling vacant
apartments Tiers VI and VII are to be considered as having the same priority.
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• When the Authority or its property managers learn of a vacancy, the property
manager shall immediately fax notification of the vacancy to the Chiefs of the
uniformed services, the volunteer corps. and administrations of the Town of
Mamaroneck and the two Villages and to the administration of the school district.
• The Property Manager shall maintain a waiting list of current tenants seeking to
move within the complex. The list shall record the types(s) of apartment sought
by each tenant and the date of receipt of each tenant's request to be added to the
waiting list. Only written requests will be recognized for inclusion on the waiting
list.
• The Authority will evaluate applicants from both inside and outside the apartment
complex. The apartment unit shall be held available by the Authority for
whatever period of time, in the Authority's sole discretion, is desirable to permit
collection of applications.
• The tier status of applicants from inside and outside the complex will be
considered on an equal footing. Thus, an existing tenant seeking to move within
the complex will not have any rights that arise from the fact that the tenant
already occupies a different unit. Whenever the Authority selects between two
existing tenants that selection shall be made in favor of the applicant whose initial
expression of interest in an apartment of the size available was first received by
the Authority.
• As a condition of receiving a lease for a new unit, tenants seeking to move within
Akio. the complex will be required to pay to the Authority any additional costs,
including but not limited to, differential lost rent and apartment repainting and
repair costs not otherwise covered by security deposits.
• Existing tenants seeking to move within the complex will be required to re-qualify
under the Policy applicable for lease renewals.
G. Change of Apartment at Discretion of the Authority
Whenever the Board of the Authority determines that the best interest of the apartment complex
and the tenants as a whole is served by changing the apartment assignment of any tenant, that
tenant shall be required to accept the replacement apartment assigned. Failure to comply with a
directive from the Authority to move to the replacement apartment shall be ground for
termination of all occupancy in the Hommocks Park Apartments. The Authority shall, to the
extent that it is feasible and does not cause delay in accomplishing the re-assignment, and subject
to other applicable Policies, provide the tenant with a replacement apartment that is equivalent in
size to the tenant's original apartment.
II. SUBLETTING
Units may not be sublet under any circumstances
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III. PETS
Dogs are prohibited in the Hommocks Park Apartment complex unless specially trained •
and required for the care of a tenant (i. e, a seeing-eye dog), subject to the approval of the
landlord. No cat, bird or other animal may be kept or harbored in or around the—demised
premises unless expressly permitted in writing by the Landlord. In no event shall more than two
such animals be permitted in any apartment unit. No pigeons, geese or other animals not so
permitted by Landlord may be fed by Tenants in or around the demised premises or the
Hommocks Park Apartment complex.
IV. APPLICATION OF POLICIES TO PERSONS RESIDING WITH TENANT.
A prospective tenant, or a tenant applying for lease renewal, shall be required to list all
persons who shall reside with the tenant in the apartment Each such person shall be subject to all
the policies, rules and regulations of the Housing Authority, and such person's qualifications and
suitability under said policies, rules and regulations shall be considered by the Property Manager
and the Housing Authority in both initial leasing and lease renewal determinations.
V. NOTIFICATION OF ADVERSE ACTION IN WRITING REQUIRED.
Any applicant shall be notified in writing of the reason(s) for a decision determining them
ineligible for admission to the Authority property and of their right to a personal interview at the
office of the Authority's Property Manager to discuss said reason(s).
Any tenant shall be notified in writing of the reason(s) for a decision denying them a
renewal lease and of their right to a hearing before the Housing Authority Board to appeal that
decision, at which the tenant may be represented by counsel of their choice, at their own
expense.
VI. APPEALS AND THE AUTHORITY BOARD OF REVIEW
(a) The Authority shall create by resolution a Board of Review that shall consist of at
least three members of the Authority and shall be appointed by the chairman of the Authority.
The members shall select a chairman from among themselves. The board shall meet at such
times and places as fixed by the chairman of the board. A majority vote of the members of the
board shall be required for a decision by the board. The housing complex manager and/or
authority counsel, if requested by the board, shall be present at the board meetings for the
purpose of making available to the board such information and advice as it may require.
(b) The Board of Review shall consider appeals by tenants from any administrative
ruling or finding of ineligibility for continued occupancy in any Authority complex. Such
review will be had upon the written demand of the tenant for hearing by the Board,made within
30 days after written notice to the tenant of the administrative ruling or finding of ineligibility for
continued occupancy. At such hearing the tenant may appear by counsel or other qualified
representative of his choice.
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(c) The Board of Review shall also review appeals by applicants from any
administrative ruling or finding of ineligibility for admission upon demand of the applicant,
Qmade within 30 days after the interview granted in accordance with the provisions of Section
156-a of the Public Housing Law. The applicant, at the time of such interview, shall be apprised
of his right to a review by the Board of Review. Such review s l�alTbe m the form of an mformal
hearing, at which the applicant may appear by counsel or any other qualified representative of his
choice, and present, either orally or in writing, material relevant to said appeal.
(d) A decision of a majority of the Board of Review shall be final, subject only to
review by appropriate judicial proceeding. Failure of the Board of Review to reach a majority
decision shall be cause for a remand of the matter to a formal meeting of the Board of the
Housing Authority called for the purpose of hearing and determining the matter. A decision by a
majority of the members of the authority at such hearing shall have the same effect as a decision
of the majority of the Board of Review.
(e) Minutes shall be kept of all meetings or hearings of the board and the Authority in
these matters. Such minutes do not necessarily have to be stenographic or in haec verba.
(f) A written demand for review by the tenant shall not affect any legal action taken
by the authority to terminate tenancy,but the authority shall not evict any tenant whose appeal
has not been finally determined.
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