Loading...
HomeMy WebLinkAbout2024_05_06 Housing Authority Minutes MINUTES Housing Authority Meeting Monday, May 6, 2024 Conference Room C, Ground Floor of Town Center 7:30 PM PRESENT: Joseph Mileto, Board Member Christie Philbrick-Wheaton, Board Member Meg Deshpande, Board Member Lawrence Thaul, Board Member Melissa Kaplan-Macey, Board Member Sabrina Fiddelman, Councilwoman OTHERS PRESENT: Margaret C. Delohery, Secretary to the Housing Authority Johnathan Di Bari, Dibbini &Assoc. Stephen V.Altieri, Housing Authority Consultant,via Zoom Michael Padernacht, Midas Management 7:30 PM The Housing Authority Regular Meeting 1. Call to order Approval of Minutes 1. Report of Minutes from the April 1, 2024 Housing Authority Meeting Moved by Board Member Philbrick-Wheaton, seconded by Board Member Deshpande Resolved, that the Mamaroneck Housing Authority does hereby approve the report of minutes from the April 1, 2024 Housing Authority meeting. Carried Business Agenda 1. Report of Midas Property Management Mr. Padernacht reviewed the report. Everything seems to be in line with budget except rent income; two Section 8 tenants have been approved and two other applications are in the work but haven't been approved. He expects that by June every apartment should be rented. The carpeting line item was high because the apartments required new carpeting. Arrears, nothing of note. No resident is significantly behind, everyone is paying on time. The biggest item of business was the renewal leases, many Section 8 tenants have their documentation submitted already, there was some push back from tenants about submitting the required documents. Ms. Kaplan-Macey and Mr. Padernacht discussed which tenants are upset about the new recertification regulations. Ms. Philbrick-Wheaton, Mr. Altieri, and Mr. Padernacht discussed the interest on the bond proceeds. 2. Presentation of 2023 Financials and Audit Report Chris Kopf reviewed the 2023 audit with the Housing Authority. An unmodified clean opinion was given to the Housing Authority. Operating cash increased which reflect the bond income not being spent yet. Accounts payable was higher but that was due to the capital projects at the complex. There was not much variation from year to year. Recommendation was made to have books brought to the auditing point so the books are in sink for adjusting entries. Mr. Kopf and Mr. Padernacht discussed how that could be done. Mr. Kopf and Mr. Altieri discussed required collateral for the Housing Authority's accounts. Mr. Kopf suggested incorporating a second approval of Page 1 of 6 Housing Authority May 6, 2024 adjustments, which Mr. Padernacht confirmed would be done. Mr. Kopf stated said bonds will be going up and that revenue needs to keep up with cash loss. Mr. Altieri said that rent was increased and units will be all rented. 3. Consideration of Lease Amendment-Town of Mamaroneck Mr. Altieri reviewed the proposed amendments to the lease agreement between the Housing Authority and the Town of Mamaroneck. The updates include clarification on rent income levels and what happens to those who don't comply, the lottery system will be gotten rid of, and there is an increase of Section 8 units. The Housing Authority has to take it to the Town of Mamaroneck Town Board for their approval. Mr. Di Bari stated his comments were to clarify certain items in the agreements. Mr. Thaul and Mr. Altieri discussed the new system of choosing applicants. Mr. Altieri said the applications are based on a date basis. If applicants do not submit all required documents they will have ten days to submit or they will be moved to the side. Moved by Board Member Thaul, seconded by Board Member Philbrick-Wheaton This amendment is between the Town of Mamaroneck, a municipal corporation, having an address at Town Center, 740 West Boston Post Road, Mamaroneck, New York 10543(Landlord) and the Town of Mamaroneck Housing Authority, a municipal housing authority established by section 569 of the New York Public Housing Law, having an address at 740 West Boston Post Road, Mamaroneck, New York (Tenant). Recitals Whereas, the parties entered into a Ground Lease on July 19, 1993 whereby the Landlord leased to the Tenant the land owned by the Landlord that is described in Schedule "A"to the Ground Lease whereon the Tenant constructed fifty-four(54) residential rental apartment units, now known as the Hommocks Park Apartments (Apartments), to be sublet to persons with limited income, and Whereas, the Tenant has been subletting fifty-three (53) such apartments(one being reserved for an on-site superintendent) ever since construction was completed, and Whereas, the parties amended the Ground Lease on June 9, 2015, and Whereas, the parties wish to amend the lease further to specify the limitations on income for subtenants of the Apartments, to increase the number of apartments to be sublet to persons holding vouchers under what is commonly referred to as the Title VII Section 8 program (see USC 42 USC§1437 ff]) and to eliminate an archaic lottery system for subletting the individual apartments. Now, therefore, intending to be bound, the parties agree as follows: First: Section 5 A of the Ground Lease as amended on June 9, 2015 is deleted and the following substituted in its place: A. The Tenant's subtenants shall be selected in accordance with the selection criteria contained in Schedule "A"hereto. Notwithstanding such criteria, the Tenant shall utilize its best efforts to sublet no less than sixteen (16) of the apartments to persons holding vouchers under what is commonly referred to as the Title VII Section 8 program(see USC 42 USC§1437[f]). Second: Schedule A of the Ground Lease as amended on June 9, 2015 is amended by adding the following definitions below the title of Schedule A and above section "I.: General Eligibility Requirements upon initial application" Definitions. For the purpose of this Schedule, the following terms shall have the following meanings: "Household"means the person who is, or is applying to become, a subtenant and Page 2 of 6 Housing Authority May 6, 2024 each person who does, or will, reside in the apartment sublet or to be sublet to such person. "Income"means the annual(1) compensation for services performed, interest, dividends, social security benefits, unemployment insurance benefits, worker's compensation benefits, veteran's benefits, public assistance, alimony or maintenance, child support, rent or lease payments, royalties, licenses and distributions from (a) individual retirement accounts, (b) 401 K or other types of retirement plans or pension plans, (c) annuities, (d) trusts, (e) estates, (f) corporations, (g) limited liability companies, (h) sole proprietorships, or(i)partnerships whether or not the receipt of such payment is taxed as income by the United States and(2) amounts paid by persons who are not members of the household to or for the benefit of any member of the household. "Median gross income"means the median gross income contained in the most recent publication by the Unites States government of median gross incomes for family units in Westchester County, New York at the time that the application to become a subtenant or to renew a sublease is made. If no such publication exists, the Tenant shall use the most reliable source for such information it can find. Third: Section I A. of Schedule A of the Ground Lease as amended on June 9, 2015 is deleted and the following substituted in its place: I. General Eligibility Requirements upon Initial Application A. Income Requirements. A person applying to be a subtenant shall be offered a lease if the person's household income is certified by the Tenant or its designee as being no more than eighty(80%)percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household. To make such certification, the applicant shall submit to the Tenant or its designee (1) the items reasonably needed to determine the applicant's household income and(2) a certification signed by the applicant, under oath, that the information submitted is accurate and contains complete documentation of the household's entire income. The goal of the Ground Lease is to provide affordable housing to persons in need of such housing on an ongoing basis. In order to keep rents at affordable levels, the Tenant must be confident that an applicant will be able to pay the rent on a timely basis. Therefore, in addition to income, the Tenant shall consider the applicant's creditworthiness. To do so, the applicant shall deliver to the Tenant or its designee a signed release or similar instrument that will allow the Tenant or its designee to confirm the accuracy of the information submitted and to obtain a credit report of the applicant. Notwithstanding, Subtenant's income eligibility alone does not automatically entitle subtenant to a lease as there may be other factor(s) that would otherwise disqualify a subtenant from being offered same and Tenant may, at its discretion, decline to offer a lease based on these other factor(s) so long as such decision does not violate applicable relevant State and or Federal law(s), regulation(s) and/or policy, etc. Fourth: Section III of Schedule A of the Ground Lease as amended on June 9, 2015 is amended by deleting from subsection B thereof the words: "and will use a lottery system to determine the order in which it will review applications within each Tiers(sic)." No change is made to the remaining portion of subsection B which shall remain in full force and effect. Fifth: Section IV of Schedule A of the Ground Lease as amended on June 9, 2015 is deleted and the following substituted in its place: IV. Renewal Policy A.Subtenant whose lease expires in 2024 An existing subtenant whose lease term expires during 2024 and who is not in violation of the existing lease shall be allowed to renew the lease for a one-year Page 3 of 6 Housing Authority May 6, 2024 period at a rent equal to one hundred and four(104%)percent of the amount of the subtenant's current monthly rent regardless of the household income. B.Subtenant whose lease expires in 2025 and whose household income is no greater than 80% of Median Gross Income A subtenant whose lease term expires during 2025 and who is not in violation of the then existing lease shall be allowed to renew the lease for a one-year period at a rent equal to the adjusted rent amount as set by the Town of Mamaroneck Housing Authority Board for 2025 if the household income is recertified by the Tenant or its designee as being no more than eighty(80%)percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household. C.Subtenant whose lease expires in 2025 and whose household income is more than 80% of Median Gross Income but not greater than 90% of Median Gross Income A subtenant whose lease term expires during 2025 who is not in violation of the existing lease and whose household income is recertified by the Tenant or its designee as being more than 80% of median gross income but not greater than 90% of median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household shall be allowed to renew the lease for a one-year period at a rent equal to thirty(30%)percent of the household income. D.Subtenant whose lease expires in 2025 and whose household income is greater than 90% of Median Gross Income A subtenant whose lease term expires in 2025 shall NOT be allowed to renew the lease IF the household income is recertified by the Tenant or its designee as being greater than ninety(90%)percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household at such rent as the Tenant determines;provided the law allows the Tenant to charge rent of that amount. E.Subtenant whose lease expires in 2026 or in a later year A subtenant whose lease term expires during 2026 or during any later year and who is not in violation of the then existing lease shall be allowed to renew the lease for a one-year period at a rent equal to the amount set by the Town of Mamaroneck Housing Authority Board for the year of the renewal only if the household income is recertified by the Tenant or its designee as being no more than eighty(80%)percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household. For 2026 and beyond, the TMHA will not issue a lease renewal for any tenant whose household income is more than 80% of Median Gross Income but not greater than 90%of Median Gross Income F.Recertification (a) The TMHA will each year issue to eligible subtenants a proposed renewal lease. The timing for the issuance of renewal leases will be in accordance with New York State law governing notifications to subtenants based upon proposed rent increases.(b) The Tenant or a person designated by the Tenant to recertify the subtenant's income shall submit to the subtenant(1) a list of the items needed to determine the subtenant's household income, (2) a proposed certification to be signed by the subtenant, under oath, that the information to be submitted is accurate and contains complete documentation of the household's entire income and(3) a proposed release to allow the Tenant or its designee to confirm the accuracy of the information to be submitted and to obtain a credit report of the Tenant. The subtenant shall deliver the items requested, the signed certification and the signed release to the Tenant or the Tenant's designee within 30 days after receiving the aforementioned list. A subtenant's failure to submit the required items within such 30-day period will allow(but not require) the Tenant to refuse to renew such lease. Sixth: The signatories to this amendment represent that he or she has the right to enter into this amendment on behalf of the party for which he or she is signing this amendment, (ii) the consent of a third party is not required to perfect such authority, Page 4 of 6 Housing Authority May 6, 2024 (iii) the party on whose behalf he or she is signing this amendment has undertaken all actions required to enter into this amendment, and(iv) his or her signature represents the binding obligation of such entity. Seventh: (a) This amendment constitutes the entire understanding between the parties regarding the subject matter contained herein. The parties acknowledge that there has been and are no representations, warranties, covenants or understandings other than those expressly set forth herein and that all prior agreements between the parties regarding the subject matter of this amendment—whether oral or in writing— are superseded by this amendment and do not survive it as this document expresses the parties'entire understanding regarding the subject matter contained herein. (b) This amendment may only be changed by a writing executed by a duly authorized representative of each party. Eighth: This amendment may be executed in one or more counterparts, each of which shall be considered an original. Facsimile signatures or signatures that are transmitted electronically shall be considered original signatures. Ninth: Whenever required or appropriate, words in the singular number shall be construed as if they were in the plural number Tenth: This amendment shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. Any litigation arising out of this amendment shall be brought in the Supreme Court of the State of New York in and for the County of Westchester. Eleventh: If any court of competent jurisdiction holds any provision of this amendment invalid or unenforceable, the other provisions of this amendment will remain in full force and effect. Any provision of this amendment held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties agree to execute and deliver such other documents and to perform such other acts as may, from time to time, be reasonably required to give full force and effect to the intent and purpose of this amendment. Resolved, the the Mamaroneck Housing Authority does hereby adopt the lease amendments, and be it, Further Resolved, that the Chairman of the Housing Authority is authorized to execute the lease amendment with the Town. Carried 4. Update on Income Certification Process by Housing Action Council - No Document Mr. Altieri updated the Housing Authority on the income certification process. So far there have been thirteen responses from tenants. Ms. Noonan can't say if they are complete, she and Mr. Altieri are scheduled to discuss the responses on Friday. She will report to the Housing Authority on who has complied and who has not. The Housing Authority will discuss what the next steps will be on who does not submit their required documents. Ms. Philbrick-Wheaton stated her concern that only thirteen tenants have submitted their documents. Mr. Mileto and Mr. Padernacht discussed that a similar situation happened last year as many people were nervous with submitting documents or were waiting for tax returns. Mr. Thaul asked about the Section 8 increase. Mr. Padernacht said there were discussions between The Town of Mamaroneck and the Housing Authority on how to keep the spirit of affordable housing. Ms. Philbrick-Wheaton also said it increases the credit of the Housing Authority rent roll. Mr. Thaul and Mr. Altieri discussed porting, which requires approval from HUD. Page 5 of 6 Housing Authority May 6, 2024 5. Update on Sign Replacement Project- No Document Ms. Deshpande said it will be installed this week. The Housing Authority and Mr. Padernacht want to see the sign. Councilwoman Fiddelman said the Town of Mamaroneck Town Board would like to tour the complex. Chair Mileto said Brandon can give a tour to those interested. 6. Update on Landscape Project- No Document Mr. Altieri gave an update on the Landscape Project. The project was pushed back and the work will be completed in September. The bids will be out soon. Mr. Altieri and David will have the bid document ready by the end of next week. He said the Housing Authority may have to go through the Town because of the new tree law. Ms. Deshpande and Mr. Altieri discussed the bid document. 7. Request for Executive Session to Discuss Pending Lease Agreements Moved by Board Member Philbrick-Wheaton, seconded by Board Member Mileto Resolved, that the Mamaroneck Housing Authority does hereby agree to enter into Executive Session to discuss the pending lease agreements. Carried Moved by Board Member Philbrick-Wheaton, seconded by Board Member Deshpande Resolved, that the Mamaroneck Housing Authority does hereby agree to exit Executive Session. Carried 8. Adjournment The meeting was adjourned at 8:52pm. Next Regularly Scheduled Meeting -June 3, 2024 Page 6 of 6