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HomeMy WebLinkAboutReso 91-344 - Authorize CM to file application for funding under the Rental Rehab Grant Program with the Dept of Housing and Urban Development i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION FOR FUNDING UNDER THE RENTAL REHABILITATION GRANT PROGRAM IN THE AMOUNT OF $350,000 WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BE IT RESOLVED by the City Council of the City of Redding as follows: WHEREAS, the Department of Housing and Urban Development has notified the City of Redding that $1,689,000 will be available to California communities on a competitive basis under the Rental Rehabilitation Grant Program; and WHEREAS, the City has received $1,944,751 in Rental Rehabilitation Program funds from the U.S. Department of Housing and Urban Development in 1984, 1985, 1986, 1987, 1988, 1989, and 1990; and WHEREAS, the City Council has determined that it would be in the best interests of the residents of the City of Redding to continue to participate in this program; and WHEREAS, the City Council has determined that the City should apply for an additional $350,000 under this program; and WHEREAS, the City Council has studied the attached certifications required by HUD in connection herewith and has agreed to same; and WHEREAS, the City Council has studied the attached Tenant Assistance Plan and Affirmative Marketing Procedures and has agreed to same; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redding hereby authorizes the City Manager to file an application for the Rental Rehabilitation Grant Program in the amount of $350,000 and hereby adopts the Tenant Assistance Plan and Affirmative Marketing Procedures attached hereto and incorporated herein. I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 20th day of Cu r August 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Buffum, Fulton, Moss & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: No ,,,, MIKE DAHL ATTEST: City of Redding ETHEL NICHOLS, City Clerk FORM APPROVED: RA DALL A. HAY5, CAttorney 'r TENANT ASSISTANCE PLAN (TAP) INTRODUCTION The Tenant Assistance Plan describes the policies and procedures the City of Redding Housing Authority (RHA) and the City of Redding Rental Rehabilitation Program ( RRP) will use in the event displacement should occur as a result of a rehabilitation project . These policies have been developed in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) . GENERAL POLICIES The City of Redding Housing Division will administer the Rental Rehabilitation Program , and the the City of Redding Housing Authority will administer the Section 8 Rental Assistance Pro- gram. The TAP outlines the responsibilities of each agency with regard to tenant displacement in a rental rehabilitation project . RESOURCES AVAILABLE TO ELIGIBLE TENANTS Tenants who occupy the rental rehabilitation unit at the date of application (or within 90 days prior to the date of applica- tion) , and/or at the date of the execution of agreement shall be eligible to the assistance specified below . The resources utilized for the assistance shall be : 1 . Owner Private Funds 2 . Rental Rehabilitation Funds 3 . CDBG Program Income Funds With regard to relocation costs , the RHA and the RRP staff will make a recommendation to the Rehabilitation Loan Committee and the Loan Committee will make the final determination as to wheth- er the proposed project is feasible and will benefit the ten- ants , the housing stock of Redding , and the community. Consider- ations for project feasibility include the number of units in the project and the percentage of tenants who will benefit from the project versus the amount of tenants who require relocation . SPECIFIC ASSISTANCE OFFERED TO TENANTS Tenants Not Displaced A person does not qualify as a displaced person if : *the person has been evicted for violation of the lease *the person moved into the unit after the program application date , but before occupying the unit , received written notice to vacate the unit for the rental rehabilitation project *the person is an owner- occupant who moves as a result of the project *the person is ineligible under 49 CFR 24 . 2 (8 ) ( 2 ) *the RRP and the U. S . Department of Housing and Urban Development (HUD) determine that the person was not dis- placed due to the project Tenants who are not displaced by a rental rehabilitation project will receive a notice from the RHA explaining conditions of continued occupancy in the project unit . Tenants will be in- formed of the new rent amount and the effective date of the change in rent . Tenants will receive information on how to obtain Section 8 rental assistance . Tenants Who Will Be Temporarily Relocated "Temporarily relocated" shall be approximately the length of the rental rehabilitation project , as identified by the project construction requirements . Tenants who must be temporarily relocated shall be offered pay- ment (by the owner of their unit ) for reasonable , out-of-pocket expenses , including increased rent and utility costs . Total liability for the cost of the temporary relocation shall be the responsibility of the owner . The RHA will provide tenants with referrals to "Comparable Replacement Dwellings" . DISPLACED TENANTS The term "displaced person" means any person ( family ,individual , business , non-profit organization , or farm) that moves from real property , or moves personal property from real property , perma- nently and involuntarily as a direct result of rehabilitation , demolition , or acquisition for a rental rehabilitation project . The RHA will offer displaced tenants the following assistance : *Section 8 rental assistance *Advisory services including : 1 . Information notices-tenants will receive information on how to search for a unit and a list of owners who participate in the Section 8 program rental assistance program 2 . Counseling-tenants will be counseled on the process of finding replacement housing *Referrals to Comparable Replacement Dwellings-_ the RHA will provide tenants with referrals to replace ment housing and whenever feasible , provide the choice of relocating within their neighborhoods and other neighborhoods consistent with RHA ' s responsibility to affirmatively further fair housing *Payment for moving expenses- ( fixed or actual ) which will be provided by the owner ' s private funds *Relocation assistance- tenants may choose between Section 8 rental assistance and a cash benefit for 42 months . The cash benefit may , at the discretion of the RRP and RHA , be paid in monthly installments . If the tenant chooses to purchase a replacement dwelling , the cash bene- fit must be paid in a lump sum . APPEALS If a person disagrees with the RRP' s determination concerning the person ' s eligibility for , or the amount of , a relocation payment , the person may file a written appeal of that determina- tion with the Housing Administrator . The appeal procedures to be followed are described in 49 CFR 24 . 10 . A low- or moderate- in- come person that has been displaced from a dwelling may submit a written request for review of the RRP decision . The RRP shall provide tenants with the title and address of the appropriate funding agency (the HUD Field Office or the State grantee ) to which their request may be submitted . Further information regard- ing the appeal process shall be provided to tenants upon request . RHA PROCEDURES FOR SECTION 8 Application Tenants residing in a rental rehabilitation project have local priority over all individuals on the waiting list . The RHA will provide tenants with an application for the rental assistance program at the time the first notice to tenants is provided . The RHA will collect the information and verifications necessary and determine the eligibility of all tenants . The RHA will issue a certificate or voucher to eligible tenants 60 days prior to project completion (whenever possible ) . If the project is a large , multi-unit project , the RHA shall have flexibility _in the issuance of certificates and/or vouchers with respect to units meeting HQS requirements . NON-DISCRIMINATION POLICY The RHA and the RRP will not discriminate against displaced ten- ants from a rental rehabilitation project when providing informa- tion , counseling , referrals or other relocation services . The RHA and RRP shall participate in practices and methods of administration that will not result in displacement of tenants on the basis of race , sex , marital status , familial status , ancestry , color , national origin , religion , age , or physical disability. The RHA will provide all rental rehabilitation tenants with a Fair Housing pamphlet entitled "Fair Housing U. S . A . " . Tenants will be given information concerning the filing of a discrimina- tion complaint and will be encouraged to notify the RHA should they encounter discrimination in obtaining replacement housing . A tenant who notifies the RHA of discrimination will receive a Housing Discrimination Report form , HUD- 903 . NON-DISPLACEMENT OF VERY LOW-INCOME TENANTS Rental Rehabilitation funds may not be used to rehab a structure if the rehabilitation will cause the displacement of any very low- income family by a family that is not of very low- income . MINIMIZING DISPLACEMENT The RRP shall minimize displacement as one of the program goals . To the extent feasible , occupants shall be provided a reasonable opportunity to lease and occupy a suitable , decent , safe , sanitary , and affordable dwelling unit on the real proper- ty following project completion . AGENCY RESPONSIBILITIES The responsibilities of the RRP , the RHA , and the owner for pro- viding notification , counseling , relocation assistance and other services are outlined in the Memorandum of Understanding (MOU) between the RRP and the RHA. CERTIFICATIONS The grantee certifies that: (1) The submission of this Program Description is authorized under State and local law (as applicable) , and the grantee possesses the legal authority to carry out the Rental Rehabilitation Program described herein, in accordance with 24 CFR Part 511; (2) The grantee's Rental Rehabilitation Program was developed after consultation with the public and its description of program activities in the "Program Activities" section of this Program Description has been made available to the public; (3) X (Check if this paragraph is applicable. ) The grantee's lower income benefit standard is hereby reduced to 70 percent as provided by 24 CFR 511. 10(a) (2) . The discussion of lower income benefit in this Program Description contains a specific explanation of the reasons why this reduced benefit standard is necessary, which explanation complies with 24 CFR 511.10(a) (2) . (4) The grantee has adopted a written tenant assistance policy conforming to the requirements of 24 CFR 511.10(h) (2) , and such policy will be made available to the public on request; (5) The grantee will conduct and administer its Rental Rehabilitation Program, and, if applicable, ensure that State recipients conduct and administer their Rental Rehabilitation Programs, in conformity with the requirements of 24 CFR 511. 13 relating to fair housing, nondiscrimination, equal opportunity, affirmative marketing and minority and women's business enterprises; and (6) The grantee will conduct and administer its Rental Rehabilitation Program, and, if applicable, ensure that State recipients conduct and administer their Rental Rehabilitation Programs, in accordance with the requirements of 24 CFR Part 511. (7) The grantee will comply with the drug-free workplace requirements in accordance with 24 CFR 511. 16 subpart (f) (8) The grantee will comply with the Certification regarding Lobbying (attached) . CERTIFICATIONS REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. AFFIRMATIVE MARKETING PROCEDURES I. NONDISCRIMINATION AND EQUAL OPPORTUNITY The City of Redding will adopt policies and procedures in accordance with the affirmative marketing steps outlined in Section 511.10(n) (2) . Specif- ically, we will carry out the following steps to insure that the Rental Rehabilitation Program is open to tenants from all racial, ethnic and both gender groups in the City of Redding. A. Methods for informin& the public, property owners and otential tenants about Federal Fair Housing Laws and the Department o Planning and Community Development's attirmative marketing policy. Initial and subsequent rehab unit occupants are largely expected to be Section 8 holders, and will therefore be subject to the affirma- tive marketing procedures and the Tenant Notification Procedures (outlined in "Administrative Procedures for Provision of Tenant Assistance under the Rental Rehabilitation Program") . Nevertheless, with the possibility that a small proportion of the initial tenants might not be Section 8 certificate/voucher holders, and that sub- sequent tenants could be families not receiving assistance from the Housing Authority, we shall adopt the following procedures. The public and potential tenants will be informed about affirmative marketing aspects of the program in a number of ways. First, the program, its regulations and the goal of attracting persons of all races/ethnic groups and both genders will be stated to the public in any articles, press releases, Radio/TV public service spots dealing with the Program. Articles will be geared to both the general public via local newspapers, and to specific subgroups of potential tenants via newsletters of churches, non-profit organizations serving low- income persons, neighborhood associations in the eligible areas, etc. , and through realtors handling rental units in the neighborhoods. Property owners will be informed about the affirmative marketing aspects of the RRP upon initial contact, whether by telephone, letter or brochure. Owners may also be reached through articles in local newspapers, especially in the real estate sections, and such articles will include information about affirmative marketing. All brochures, letters, etc. , sent to potential applicants for rehab funds will include a statement about the affirmative marketing requirements of the program. B. Requirements and Practices Re Affirmative Marketing to be Carried Out by Property Owners. As mentioned previously under Section 6, "Selection of Proposals, " and Section 7, "Financial Feasibility, " property owners will be required to carry out affirmative marketing procedures in terms of advertising rehab units and attracting tenants of all area racial, ethnic and both gender groups. Rehab units to be occupied by Section 8 voucher/certificate holders will be governed by the affirmative marketing practices of the City of Redding Housing Authority. C. Procedures to be used by owners to inform and solicit applications rom persons in the housing market area who are not likely to apply or the housing wit out special outreac . The City of Redding Housing Authority will assist property owners in their efforts to reach persons in the community, and especially in the eligible neighborhoods. The Housing Authority has contacts in a number of public agencies that can be used to reach such persons. Newsletters of churches, non-profit organizations serving low-income persons, neighborhood organizations may be used, and community gathering spots such as supermarkets, restaurants, senior centers, and laundromats often have bulletin boards used to advertise apart- ment rentals. In addition, various media such as TV and radio public service spots, local newspapers, etc. , may be used to announce the program and availability of units rehabilitated with HUD funding. D. Affirmative Marketing Record Keeping and Assessment. The City of Redding will keep records on all program announcements, brochure distribution, articles, radio/TV spots relating to the RRP. We will ask persons calling to inquire about the availability of rehab units how they first heard about the program and whether they are aware of the affirmative marketing policy. We will inform property owners and landlords of the rehab units that they are to keep records on any advertising of rehab units, whether by ad in a newspaper, a posted notice or a sign in the unit window, so that we may see if the affirmative marketing of the units to tenants is taking place. In addition, landlords will provide information to the City of Redding Housing Authority on the lease status of Section 8 holders, so that the availability of the units for affirmative marketing efforts is known. In the case where a unit is not sub- sequently occupied by a Section 8 holder, we will ask that landlords inform the City of Redding about the characteristics of new tenants (income, race, family size, etc. ) as part of an annual review of the rehabilitation project. When new tenants have moved in, we will ask landlords to determine the means by which they learned about the availability of the unit and will evaluate the affirmative marketing practices used to recruit such tenants. If our annual review process shows that a given property owner/ landlord has not complied with the affirmative marketing policy agreed to as part of the agreement, we will give the owner one year to demonstrate that this situation has been corrected and that an affirmative marketing procedure is being carried out before taking more direct action. i