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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. NY#466364 vl • 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. • 2 NY#466364 vl • t r ® ...! ��000 �';: 1\ 00•11;—.-72-1 aoo Oyu �m •...• r �.ra�g.e _ va; 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. • 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 • 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; • NY#447262 vl April 2002 revision • 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. -2- NY#447262 vl April 2002 revision 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: -3- • NY#447262 vl April 2002 revision (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. -4- NY#447262 vl April 2002 revision (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. • -5- NY#447262 vl April 2002 revision • 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 -6- NY#447262 vl April 2002 revision 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. • -7- NY#447262 vl April 2002 revision (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. C -s- NY#447262 vl April 2002 revision