HomeMy WebLinkAbout1998-12-01 Resolution12-01-98 ~
4e( 1 )
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. '98-373
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND MERCANTILE BANK MIDWEST, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 19 REGAL LANE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the amount of
$3,000, executed by the owner of the property on April 25, 1997, and recorded on May 2, 1997,
in Book 2261, Page 128 through 131 in the Johnson County Recorder's Office covering the
following described real estate:
Lot seventy-three (73), Lakeside Addition to Iowa City, Iowa, according to the plat
thereof recorded in Book 9, Page 99, plat records of Johnson County, Iowa,
WHEREAS Mercantile Bank Midwest, is in the process of refinancing the first mortgage in the
amount of $71,000.00 to the owner of 19 Regal Lane and to secure the loan by a mortgage
covering the real estate described above; and
WHEREAS, it is necessary that the mortgage held by the City be subordinated to the lien of the
proposed mortgage in order to induce Mercantile Bank Midwest to make such a loan; and
WHEREAS, Mercantile Bank Midwest has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said mortgage
to Mercantile Bank Midwest; and
WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a
second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached
subordination agreement between the City of Iowa City and Mercantile Bank Midwest, Iowa
City, Iowa.
Passed and approved this 1 s t
ATTEST: CI~EER'~K
plxlrehab/res/19regsub .doc
day of December' ,1998.
City Attorney's ~ce
Resolution No. 98-373
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Thornberr.y the Resolution be
AYES: NAYS: ABSENT:
Champion
X Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
MERCANTILE BANK MIDWEST of IOWA 'CITY ,
herein the Financial Institution.
WHEREAS, the City is the owner and holder of a certain DAP*
in the amount of $ ~, OO0 and was executed by LORZ A.
(herein the Owner), dated ApR'rr. 29
MAY 2 , 19 97 in Book 2261, Page
Recorder's Office, covering the following-cjescribed real property:
LOT SEVENTY-THREE (73), LAKESIDE ADDITION TO IOWA CITY,
IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 9,
PAGE 99, PLAT RECORDS OF JOBNSON COUNTY, IOWA. ,
loan which at this time is
SCHUELLER
1997 recorded
12~, Johns'on County
WHEREAS, the Financial Institution proposes to loan the sum of $ 71,O00.00 on a
promissory note to be executed by the Financial Institution and the Owner, securing a mortgage
covering the real property descr'ibed above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
loan held by the City be subordinated to the lien of the mortgage proposed to be
made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted DAP LOAN held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act
of subordination herein.
Senior Mortgage. The mortgage in favor of the
acknowledged as a lien superior to the
DAP LOAN
Financial Institution is hereby
of the City.
* DOWNPAYMENT ASSISTANCE PROGRAM
SUBORDINATION AGREEMENT
Page 2
Binding Effect. This agreement shall be binding upo.n and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this 20TH day of
Mayor
Attest:
By
Att O
Olty omey's f~ce
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this / <'/' day of
.J% ,z, ~,~-,-,J,¢,,- ,1995 before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared {':," r, e .s f ~4)- L~-k~c,,,. and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
(Ordinance) (Resolution) No. ~D- ..:3 7 ~; passed (the Resolution adopted) by the City Council,
under Roll Call No. of the City Council on the /~ day of
-["')~ce.,,~-t_,- , 19 ~/5 , and that F.,~,,~,F ~c). I--,~d,t,,,-y~,. and Marian K.
Karr acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
Public in and. forof Iowa
1:1 v..f,'~
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 20TH
undersigned, a
JEFFREY J.
day of NOVEMBER
Notary Public in and for
NIELSEN'and
the State
, A.D. 1998 , before me, the
of Iowa, personally appeared
, to me personally known, who
SUBORDINATION AGREEMENT
Page 3
being by me duly sworn, did say that they are the VICE PRESIDENT and
, respectively, of said corporation executing the within and foregoing
instrument to which this is attached, that said instrument was signed and sealed on behalf of
said corporation by authority of its Board of Directors; and that the said 'VZCE PRESZDENT
and as such officers acknowledged the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
:"" ' MARGARET J. DOERGE
~,~,~T~ MY COMMISSION EXPIRES
n~Jng',subrdntn.agm
Prepared by: Liz Osborne, PPD Rehab, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 98-374
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRSTPLUS
FREEDOM, SALT LAKE CITY, UTAH FOR PROPERTY LOCATED AT 6'19 KIRKWOOD AVENUE,
IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Rehabilitation Agreement, a Promissory
Note and a Mortgage in the amount of $4,145.00, executed by the owners of the property on May 12,
1995, and recorded on May 19, 1995, in Book 1905, Page 117 through 128 and another Mortgage in
the amount of $11,076 executed by the owners of the property on October 22, 1996, and recorded on
October 30, 1996, in Book 2178, Page 39 through Page 43 in the Johnson County Recorder's Office
covering the following described real estate:
The East 11 feet of Lot 3, and the West 34 feet of Lot 2, in Block 6, in Lucas Addition to Iowa
City, Iowa, according to the recorded plat thereof,
WHEREAS, the City's lien totals $15,221; and
WHEREAS FirstPlus Freedom, Salt Lake City, Utah, is in the process of refinancing the first mortgage
in the amount of $92,355.00 to the owners of 619 Kirkwood Avenue and to secure the loan by a
mortgage covering the real estate described above; and
WHEREAS, it is necessary that the mortgage held by the City be subordinated to the lien of the
proposed mortgage in order to induce FirstPlus Freedom to make such a loan; and
WHEREAS, FirstPlus Freedom has requested that the City execute the attached subordination
agreement thereby making the City's lien subordinate to the lien of said mortgage to FirstPlus
Freedom; and
WHEREAS, there is sufficient value in the above described real estate to secure said lien as a second
lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordination
agreement between the City of Iowa City and FirstPlus Freedom, Salt Lake City, Utah.
Passed and approved this ].st day of
ATTEST:Ci~LE~RK~'
December ,1998.
Approved by
City Attorney's Office
ppdrehab/res/619kirkw.doc
Resolution No, 98-374
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
×
X
X
X
X
Thornberry the Resolution be
ABSENT:
Champion
X Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
0CT-28-98 14:47 F~OH=CiLF of IO~A CI'fY l~,~l~db~ r~u~ ~
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, heroin the City, and
~FirstP]us F..i.nancial Inc.
Of Salt Lake ,City, Ut. , ~rein the Financial Institution.
WHEREAS, the City is the owner and holder of a certain Mortgages Prom~ ssnry Nnte, Rehab Agreemenl
which at this time is in the amount of $ 15,22__1.00 _ and were executed by
City Of Iowa City (heroin the Owner), dated
May 12 1995 , recorded May _19 , 19 95 , in
Book 1905 . Pag'~'l!7___ 'through ]28 ., and dated October 22 ...... t996__,
recorded October 30 .... 1996 , in Book 2178 , Page 39 _._ through
43 , Johnson County Recorder's Office, covedng the following described real property:
THE EAST 11 FEET OF LOT 3, AND THE WEST 34 FEET OF LOT 2, IN BLOCK 6,
IN LUCAS ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF.
WHEREAS, the Financial Institution proposes to loan the sum of $ 92,355.00 on a
promissory note to be executed by the Financial Institution and the Owner, securing a mortgage
covedng the real property described above; and
WHEREAS. to induce the Financial Institution to make such loan, it is necessary that the Mortgages,
Primissory note & reha~. ~feement. held by the City be subordinated to the lien of the
mortgage proposed to be made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, the parties agree as follows:
Subordination. The City hereby covenants and agrees with the Financial Institution
that the above noted Morl-,g/qgp.~, p,r'PmF'.~.~nry nr~t-e* held by the City is and shall
continue to be subject and subordinate to the lien of the mortgage about to be made by
the Financial Institution. * & Rehab agreement.
Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable censlderation for its
act of subordination heroin.
SUBORDINATION AGREEMENT
Page 2
Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien supedor to the ~ort~a~es Pr~nissorv Note. ?. of the City.
& Rehab Agreement. *
Binding Effect. This agreement shall be binding upon and inure to the .benefit of the
respective heirs, legal representatives, successors. and assigns of the parties hemto.
Dated this / '<J' day of .-~ece_.~,~_v- , 19 ? ~
Attest:
FINANCIAL INSTITUTION
F,,~___~~.rstPlus F' anci Inc.
Mayor ,
Appr0ved By
City Attomey's
CITY'S ACK.NOWLEDGEME. NT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of .., 1991, before me, the undersigned, a
Notary Public in and for the S{ate of Iowa, personally appeared
and Madan K. Karr, to me personally known, and, who,
being by me duly sworn, did say that they are the Mayor and City Clerk, respectively. of the
City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal
of the corporation, and that the instrument was signed and sealed on behalf of the corporation.
by authority of its City Council. as contained in (Ordinance) (Resolution) No.
passed (the Resolution adopted) by the City Council, under Roll Call No. of the
City Council on the day of
and Madan K. Kar~ ackn~'~vled'geld9 and that
tl~e execution of the
ir~strum~nt to be their voiuntary act and deed and the voluntary act and deed of the corporation,
by it voluntarily executed.
NotaW Public in and for the State of Iowa
0CT-28-98 14:47 FROM:City oF IOWA Ul'fY IU:~I~j~b~UU r~u~ ~,
SUBORDINATION AGREEMENT
Page 3
STATE OF~I)~/A/~ )
County Of Salt Lake ) SS:
40 i i/¢ U Tf )
on behalf of said coloration by authority of its Board of ~om~ and that the said
% ~'p' and . as such o~cem
~moration, by it and by them volunta~ly e ~ d. ( / .....
r e St~te~ "~/
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 98-375
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LOAN
FOR THE PROPERTY LOCATED AT 120 NORTH GOVERNOR STREET, IOWA CITY,
IOWA.
WHEREAS, on May 5, 1988, the property owners of 120 North Governor Street, executed
a Rental Rehabilitation Lien to secure a 1 O-year, no-interest declining balance loan for the
amount of ~ 15,000 through the City's Rental Rehabilitation Program; and
WHEREAS, this document created a lien against the property; and
WHEREAS, the terms of the loan were satisfied on November 5, 1998; and
WHEREAS, the lien needs to be released.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The Mayor is authorized to sign and the City Clerk to attest the attached Release of
Lien for recordation, whereby the City does release the property located at 120
North Governor Street, Iowa City, Iowa from the Rental Rehabilitation Lien recorded
May 11, 1988 in Book 1001 Page 421 through 423 of the Johnson County
Recorder's Office.
Passed and approved this 1st
ATTEST:Ci~L~~RK ~..
day of December ,1998.
Approved by
' ity Attorney's Office~
It was moved by Norton
and upon roll call there were:
AYES:
X
ppdrehab/res/120ngov.doc
NAYS:
and seconded by Thornberry
ABSENT:
Champion
× Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
the Resolution be adopted,
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 120 North Governor Street, Iowa
City, Iowa, and legally described as follows:
Commencing at a point 75 feet south of the northwest corner of Outlot 5, in Iowa
City, Iowa, according to the recorded plat thereof, thence east 80 feet, thence
south 75 feet, thence west 80 feet, thence north 75 feet to the place of beginning,
from an obligation of the property owners, Ronald Johnson and Kay Radke-Johnson, to the
City of Iowa City in the total amount of ~15,000 represented by a Rental Rehabilitation
Lien recorded on May 11, 1988 in Book 1001 Page 421 through Page 423 of the Johnson
County Recorder's Office.
These obligations have been satisfied and the property is hereby released from any liens or
clouds upon title to the above property by reason of said prior recorded documents.
ATTEST: CIT~CL~~RK ~
Approved by
ic
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this / 5-r day of JE)e_u_rn ]w_,- , A.D. 19 '~?8' , before me, the under-
signed, a Notary Public in and for said County, in said State, personally appeared Ernest W.
Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. ~f-3 75 , adopted by the City
Council on the / ~Z' day o-rr j% c~rn/~e_,-- , 19 ~ and that the said Ernest W.
Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
ppdrehab/120ngov.doc
Notary Public in and for Johnson County, Iowa
Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243
RESOLUTION NO. 98-376
RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART FIVE, IOWA CITY, IOWA.
WHEREAS, the owner, Dan-Ed Ltd., filed with the City Clerk the final plat of Galway Hills, Part Five,
Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
Commencing at the Northeast Corner of the Northwest Quarter of the Fractional Northeast
Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian;
Thence S00°10'02"E, along the East Line of said Northwest Quarter, 50.00 feet, to a Point
on the Southerly Right-of-Way Line of Melrose Avenue, and the POINT OF BEGINNING;
Thence continuing S00°10'02"E, along said East Line, 762.84 feet; Thence S89°49'58"W,
325.50 feet; Thence S66°52'27"W, 177.18 feet; Thence Southeasterly, 25.82 feet, along a
402.32 foot radius curve, concave Southwesterly, whose 25.82 foot chord bears
S21°17'14'E; Thence S70°33'05"W, 66.00 feet; Thence Northwesterly, 49.36 feet, along a
30.00 foot radius curve, concave Southwesterly, whose 43.98 foot chord bears
N66°35'12"W; Thence S66°16'32"W, 21.09 feet; Thence Southwesterly, 38.18 feet, along a
497.37 foot radius curve, concave Northwesterly, whose 38.17 foot chord bears
S68°28'28"W; Thence N19°19'36"W, 200.23 feet; Thence S88°43'34"W, 38.61 feet; Thence
N00°34'26"W, 147.04 feet; Thence Northwesterly, 41.45 feet, along a 375.00 foot radius
curve, concave Northeasterly, whose 41.42 foot chord bears N87°24'28"W; Thence
N05°45'30"E, 345.14 feet; Thence N00035'36"W, 196.27 feet, to a Point on the Southerly
Right-of-Way Line of Melrose Avenue; Thence N89°24'24"E, along said Right-of-Way Line,
749.42 feet, to the Point of Beginning. Said Tract of land contains 13.63 acres, more or
less, and is subject to easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
flee consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(1997) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Resolution No. 98-376
Page 2
The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal.documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Passed and approved this I s t
ATTEST:Ci~~ 7~. ~-z.A
day of December ,1998.
d by
It was moved by Thornberry
adopted, and upon roll call there were:
AYES: NAYS:
X
and seconded by Norton
ABSENT:
Champion
X Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
the Resolution be
ppdadmin~es~galway5b.doc
12-01-98
6h
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243
RESOLUTION NO. 98-377
RESOLUTION APPROVING FINAL PLAT OF A RESUBDIVISION OF LOTS 3, 4, 5 AND 6 OF WB
DEVELOPMENT, IOWA CITY, IOWA·
WHEREAS, the owner, Howard Winebrenner, filed with the City Clerk the final plat of a
resubdivision of Lots 3, 4, 5 and 6 of WB Development, Iowa City, Iowa, Johnson County,
Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa, to wit:
Lot 3, 4, 5, and 6, W.B. Development, Iowa City, Iowa, as recorded in Book 36 at Page 118, of
the records of the Johnson County Recorder's Office. Said tract of land contains 8.33 acres,
more or less, and is subject to easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said :final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(1997) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open
for public access at the time of recording for public safety reasons.
The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating to
said subdivision, and to certify a copy of this resolution, which shall be affixed to the
final plat after passage and approval by law. The City Clerk shall record the legal
documents and the plat at the office of the County Recorder of Johnson County, Iowa at
the expense of the owner/subdivider.
,,,/Resolution No. 98-377
-' Page 2
Passed and approved this ]st
C:iS[ f2ORATE SEAL
It was moved by Thornberry
adopted, and upon roll call there were:
day of December , 1998.
~41t,~4-~Z4.~
MAYOR
and seconded by
0'Donne]]
the Resolution be
AYES:
NAYS:
ABSENT:
X
X
X
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
ppdadrnin~'es~Wbdev.doc
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
November 13, 1998 (for November 19 meeting)
Planning and Zoning Commission
Scott Kugler, Associate Planner
SUB98-0020. Resubdivision of Lots 3-6, WB Development
This item was deferred at previous meetings to allow the applicant to address staff
concerns about access and sanitary sewer capacity issues. A revised plat and updated
sewer capacity calculations have been submitted to address these concerns. Staff feels
that these issues have been satisfactorily addressed. These issues are discussed briefly
below. A copy of the September 3 staff report is also attached for the Commission's
review.
With an increase in the number of lots being proposed, staff was concerned about the
amount of sanitary sewer capacity in the private lift station and force main serving this
development that would remain available for each lot. The applicant has submitted more
detailed calculations regarding the capacity of the sewer system, and has revised its
capacity allocation for the subdivision. A certain amount of capacity will be reserved for
each lot, with some capacity being held in reserve by the developer for allocation to
individual lots within the subdivision as needed when they are developed. Public Works
has reviewed the calculations and is satisfied that enough capacity is available for the
development of the lots being proposed. The development of individual uses that generate
a great deal of waste may be restricted in the future due to these limitations, but the
amount reserved for each lot will ensure some reasonable use of each lot despite what has
developed on surrounding properties.
Lots 5 and 7 of the resubdivision are to be accessed via a private drive, to be named Escort
Way, located along the east line of Lot 3. Earlier versions of the plat located this access
easement on top of an existing storm sewer, drainage, sanitary sewer, and utility
easement. Staff was concerned about this alignment due to the potential for this access to
be blocked in the future any time these utilities needed to be serviced. This would result in
the only access to Lots 5 and 7 being blocked during those times. The revised plat
indicates that the access easement has been moved to the west to avoid this conflict.
As discussed in the September 3 staff report, access to Lot 4 is to be provided from Sierra
Court, a private drive off of Naples Avenue to the southwest of this subdivision. Staff has
received no information indicating that an easement has been granted to the developer to
secure a permanent access for Lot 4. Staff continues to recommend that a recorded
easement be obtained for access to this lot prior to City Council approval of the plat.
STAFF RECOMMENDATION:
Staff recommends that SUB98-0020, a request for a preliminary and final plat of a
Resubdivision of Lots 3, 4, 5, and 6 of WB Development, an 8.33 acre, 8-lot commercial
subdivision located along the south side of Escort Lane, be approved, subject to securing a
permanent means of access to Lot 4, and the approval of legal papers and construction
drawings by staff prior to City Council consideration of the plat.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
.%
STAFF REPORT
To: Planning and Zoning Commission
Item: SUB98-00)0. Resub. of Lots 3, 4, 5 and 6
W.B. Development
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable Code requirements:
File date:
45-day limitation period:
Prepared by: Scott Kugler
Date: September 3, 1998
Howard Winebrenner
217 Stevens Drive
Iowa City, Iowa 52240
Phone: 338-7811
MMS Consultants
1917 S. Gilbert St.
Iowa City, IA 52240
Phone: 351-8282
Preliminary and final plat.
To subdivide four existing lots into.
eight new lots.
South side of Escort Lane, east of
Naples Avenue.
8.33 acres
Vacant, C1-1, Intensive Commercial
North: Convenience store, vacant, CI-
1;
East: Highway 218;
South: Commercial, storm water
management facility, C1-1;
West: Undeveloped, C1-1 and CP-2
(County).
Intensive Commercial
Chapter 14-7, Land Subdivisions
July 30, 1998
September 13, 1998
60-day limitation period:
September 28, 1998
BACKGROUND INFORMATION:
The applicant, Howard Winebrenner, is requesting a preliminary and final plat of a
Resubdivision of Lots 3, 4, 5 and 6 of W.B. Development. The property consists of four
existing lots that would be divided into eight new lots. The W.B. Development subdivision
originally consisted of eight building lots and one outlot containing a storm water
management facility. Three subsequent plats have been submitted and approved to
resubdivide the original lots. If this subdivision is approved, a total of 16 building lots and
one outlot would be established within this development.
ANALYSIS:
The proposed preliminary and final plat appears to be in general conformance with the City's
subdivision regulations, although Public Works' review of recent revisions to the plat is not
yet complete. It is anticipated that their review will be completed and any outstanding
deficiencies addressed prior to the September 3 meeting. Legal papers have been submitted,
and will have to be approved prior to City Council consideration of this item.
Subdivision Design/Access Issues: The proposed plat divides the existing lots such that three
of the proposed lots would have no frontage on a public street. Although frontage on a public
street is not required in commercial zones, this creates potential identification problems for
the businesses located on these lots. Not only will potential customers have more difficulty
finding businesses on these lots, but it also creates difficulties for emergency response
personnel that may have to locate a certain address in a hurry. The applicant has stated that
it has been difficult to find buyers for the existing lots due to their size and depth, and that it
is not feasible to divide the lots while providing street frontage to each lot, as the resulting
lots will be very long and narrow. The solution being proposed to address these issues
involves the provision of a private street between lots 3 and 6 which will have a name
(Escort Way) and will provide access to lots 5 and 7. Lots 5 and 7 will have Escort Way
addresses, making it more clear as to their location.
Proposed Lot 4, which also contains no frontage on a public street, will be accessed from an
existing private drive, Sierra Court, to the southwest. Sierra Court provides access to the
original Lot 8 of W.B. Development, Lot 1 of a Resubdivision of Outlot A, W.B. Development,
and Lot 3 of a Resubdivision of Lot 2, W.B. Development, all of which are owned by Jeff
Maxwell. The proposed Lot 4 would have a Sierra Court address, which should make it more
clear as to how it is accessed. According to the applicant, Maxwell has offered to purchase
Lot 4 also. The plat currently contains a note indicating two options as to how Lot 4 will be
provided access. Staff feels that access to this lot should be secured and recorded before
the City approves the final plat. Without access to the lot clarified and in place, Lot 4 is not
a viable lot. Access needs to be secured via an easement to ensure that the lot will be
useable in the event that Maxwell decides not to purchase the property.
Sanitary Sewer Issues: Another concern with this proposal deals with sanitary sewer
capacity. When this property was annexed and developed, a private lift station was installed
to serve this development. The size of the system installed limits the amount of waste that
can be generated collectively by the businesses located on the property. This issue was
discussed at length when the original Lot 7 and Outlot A were resubdivided, and agreements
and legal papers were put in place to monitor and address this issue over time. No building
permit for a lot within WB Development will be issued until the applicant demonstrates there
is enough sewer capacity for the proposed use. If this plat is approved,' those agreements
may need to be revised to reflect the additional lots being created. This issue will be
addressed as legal papers are reviewed and approved, and should be taken care of prior to
City Council consideration of the final plat.
Lots 4, 5, and 7 will sit much lower in elevation than Escort Lane, which means that sanitary
sewer services cannot be run to the sanitary sewer located within the Escort Lane right-of-
way. However, there is a sanitary sewer line running between Lots 5 and 7 which can be
utilized to achieve gravity services for Lots 5 and 7. Lot 4 cannot be serviced in this manner.
Jeff Maxwell has installed a sanitary sewer line within Outlot A to the south of these lots
which could provide sanitary sewer service for Lot 4. If Maxwell purchased Lot 4, this is not
a problem. However, in the event that Maxwell does not purchase Lot 4, an agreement
should be in place to allow the developer of that lot to tie into this private sewer line. As
with the access issue, Lot 4 is not a viable lot unless sanitary sewer service is available. An
agreement to use the private sanitary sewer line should be in place prior to Council
consideration of the plat.
STAFF RECOMMENDATION:
Staff recommends that SUB98-00;20 be deferred pending review of the revised plat by Public
Works. Upon completion of this review and resolution of any remaining deficiencies, staff
recommends that the request for a preliminary and final plat of a Resubdivision of Lots 3, 4,
5, and 6 of W.B. Development, an 8.33 acre, eight-lot residential subdivision located on the
south side of Escort Lane, be approved, subject to the approval of legal papers, revised
sanitary sewer agreements, and securing permanent access for Lot 4 prior to City Council
consideration of the plat.
ATTACHMENTS:
1. Location map.
2. Preliminary and final plat.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
rn ~
Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO. 98-378
RESOLUTION AUTHORIZING CONVEYANCE OF VACATED PORTIONS OF THE
DES MOINES STREET RIGHT-OF-WAY LOCATED WEST OF CAPITOL STREET
AND EAST OF THE IOWA RIVER, THE MADISON STREET RIGHT-OF-WAY
SOUTH OF PRENTISS STREET AND NORTH OF THE IOWA INTERSTATE
RAILROAD TRACKS, AND THE 20 FOOT WIDE ALLEY BETWEEN PRENTISS
STREET AND THE DES MOINES STREET RIGHT-OF-WAY WEST OF CAPITOL
STREET TO THE UNIVERSITY OF IOWA/IOWA STATE BOARD OF REGENTS,
THE REDEVELOPER OF THE SUBJECT PROPERTY AND OWNER OF ALL
ABUTTING PROPERTIES, FOR A PUBLIC PURPOSE AND WITHOUT COMPEN-
SATION
WHEREAS, the City Council will consider ordinances vacating portions of the Des Moines
Street right-of-way located west of Capitol Street and east of the Iowa River, the Madison
Street right-of-way south of Prentiss Street and north of the Iowa Interstate Railroad tracks,
and the 20 foot wide alley between Prentiss Street and the Des Moines Street right-of-way
west of Capitol Street for the purpose of facilitating redevelopment of the adjacent and subject
properties by the University of Iowa for a new administration building; and
WHEREAS, properties adjacent to said right-of-ways are currently being acquired by the
University of Iowa/Iowa State Board of Regents for said redevelopment; and
WHEREAS, as such redevelopment is by a governmental body for a public purpose, it is
proposed that said property transfer be made without compensation pursuant to Iowa Code
§364.7(3) (1997); and
WHEREAS, with the redevelopment of the subject property, the City will not need the vacated
portions of the right-of-way to provide access to property in the area; and
WHEREAS, the shall not dispose of any portion of the above right-of-way until such time as
an ordinance vacating the same is duly considered and passed, and the City will retain all
necessary utility easements in the event of such disposition; and
WHEREAS, the proposed redevelopment of the subject right-of-way is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that:
Subject to consideration and passage of appropriate vacation ordinances prior to
disposition, and subject to the retention of necessary utility easements, the Mayor and
City clerk are hereby authorized to execute appropriate Quit Claim Deeds conveying the
City's interest in the vacated portions of the Des Moines Street right-of-way located
Resolution No.
Page 2
98-378
west of Capitol Street and east of the Iowa River, the Madison Street right-of-way
south of Prentiss Street and north of the Iowa Interstate Railroad tracks, and the 20
foot wide alley between Prentiss Street and the Des Moines Street right-of-way west
of Capitol Street for the purpose of facilitating redevelopment of the adjacent and
subject properties by the University of Iowa/Iowa State Board of Regents for a new
administration building. The Mayor and City Clerk are further authorized to execute
and attest appropriate easement agreements for the retention of necessary utility
easements. However, this Resolution shall not be binding on the City with respect to
consideration and passage of any vacation ordinances, and each proposed vacation
shall be considered on its own merits.
As such redevelopment is by a governmental body for a public purpose, the City
Council does hereby convey its interest in the vacated property to the University of
Iowa/State Board of Regents without compensation as a conveyance to a governmental
entity for a valid public purpose pursuant to Iowa Code §364.7(3) (1997).
The City Attorney is hereby authorized to deliver appropriate Quit Claim Deeds to the
University of Iowa/State Board of Regents upon receipt of appropriate evidence of the
ownership of adjacent properties and passage of necessary vacation ordinances. Said
deeds, easement agreements, and any other documentation required by Iowa Code
§364.7 (1997) shall be recorded by the City Clerk in the Johnson County Recorder's
Office at the expense of the University of Iowa/State Board of Regents.
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
Norton
the Resolution be
AYES: NAYS: ABSENT:
Champion
X Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
Passed and approved this ].st
day of December , 1998.
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sarah\landuse\desmui.re2
ATTEST: C~ ~' ~
t 2-01-98
12
Prepared by: Karin Franklin, Dir. PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232
RESOLUTION NO. 98-379
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE ARTISTS FOR THE DOWNTOWN PEDESTRIAN MALL WATER
FEATURE, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST THE SAME
WHEREAS, the Iowa City Public Art Program provides for investment in public art annually; and
WHEREAS, a new water feature in the new downtown pedestrian mall was deemed to be an
appropriate project for FY99; and
WHEREAS, the proposal, "Weatherdance" designed by artists Andrea Myklebust and Stanton
Sears was selected for said water feature.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Agreement between the City of Iowa City and the artists Andrea Myklebust and Stanton
Sears for the design, fabrication and oversight of the installation of the water feature
"Weatherdance", a copy of which is attached hereto; is hereby approved as to form and
content.
2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement.
Passed and approved this 1st day of
December ,1998.
City Attorney's Office
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
O'Donnell
AYES: NAYS: ABSENT:
X
X
X
X
the Resolution be
Champion
X Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
ppdirVes\weatherd.doc
CITY OF IOWA CITY
PUBLIC ART PROGRAM
DOWNTOWN PEDESTRIAN MALL WATER FEATURE
AGREEMENT BY AND BETWEEN OWNER AND ARTIST
THIS AGREEMENT is made on December 1.1998 between the City of Iowa City,
hereina~er referred to as the OWNER, and the team of Andrea Myklebust and Stanton Sears,
hereinafter referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director
of the Department of Planning and Community Development or his/her designee. The
COMMITTEE shall be the Public Art Advisory Committee. The contractor shall be the company
or companies hired by the Owner to construct the Downtown Streetscape Project.
WHEREAS, the OWNER, on the recommendation of the COMMITTEE and after public
input, has accepted the proposal "Weatherdance" created by the ARTIST and hereinafter
referred to as the ART WORK, for a new water feature in the downtown Iowa City pedestrian
mall. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter
"Proposal").
NOW, THEREFORE, in consideration of the mutual promises and undertakings
contained herein, the parties agree as follows:
Article 1. Scope of Services
1.1 General
a. The ARTIST shall perform all services and furnish all supplies, materials and
equipment as necessary for the design, execution, fabrication, transportation and consultation
on the installation of the Art Work at the site.
b. The ARTIST shall at all stages of execution, fabrication and installation coordinate
their work with BRW, Inc., the OWNER'S consultant for the Iowa City Downtown Streetscape
Plan.
1.2 Execution of the Work
a. The ARTIST shall furnish the OWNER'S REPRESENTATIVE a tentative schedule
for completion of fabrication and installation of the Art Work, including a schedule for the
submission of progress reports, if any. The schedule must be approved by OWNER'S
REPRESENTATIVE. After written approval of the schedule by the OWNER'S
REPRESENTATIVE, the ARTIST shall fabricate, transport and consult with the contractor on
the installation of the Art Work in accordance with such schedule. Such schedule may be
amended by written agreement between the OWNER'S REPRESENTATIVE and the ARTIST.
b. The OWNER shall have the right to review the Art Work at reasonable times during
the fabrication thereof. The ARTIST shall submit to the OWNER progress reports in
accordance with the schedule provided for in Section 1.2 (a).
c. The ARTIST shall complete the fabrication and ensure installation of the Art Work in
substantial conformity with the approved Proposal.
d. The ARTIST shall present to the COMMITTEE in writing for further review and
approval any significant changes in scope, design, color, size, material or texture of the Art
Work not permitted by or not in substantial conformity with the Proposal. A significant change is
any change in the scope, design, color, size, material, texture or location of the site ol= the Art
Work which affects installation, scheduling, site preparation or maintenance for the Art Work or
the concept of the Art Work as represented in the Proposal.
1.3 Delivery and Installation
a. The ARTIST shall notify the OWNER'S REPRESENTATIVE in writing when the
fabrication of the Art Work is completed and the ARTIST is ready for its delivery and installation
at the site.
b. The ARTIST agrees to notify the OWNER'S REPRESENTATIVE, no fewer than (30)
days prior to the ARTIST'S intended time of delivery to determine the particulars of delivery
time, location and agent designated by the OWNER.
c. The ARTIST shall deliver and consult with the contractor on the installation of the
completed Art Work at the site in compliance with the schedule approved pursuant to Section
1.2 (a).
d. The OWNER shall be responsible for all expenses, labor and equipment to prepare
the site for the timely installation of the ART WORK, including piping, pumphouse, electrical
panel and concrete underlaymerit. OWNER shall also be responsible for engaging contractor to
install the artwork in consultation with ARTIST.
1.4 Post Installation
a. Within 30 days after the installation of the Art Work, the ARTIST shall furnish the
OWNER'S REPRESENTATIVE with a minimum of twenty-four (24) slides, photographs (and
negatives), or digital photographs on a disk which document the process and development of
the Art Work from beginning fabrication through completion.
b. The OWNER shall arrange photographic documentation of the site and the installed
Art Work at the site.
c. The ARTIST shall be notified of any dates and times for presentation ceremonies
relating to the ART WORK.
d. Upon installation of the Art Work, the ARTIST shall provide to the OWNER'S
REPRESENTATIVE written instructions for appropriate maintenance and preservation of the
Art Work.
1.5 Final Acceptance
a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all
services in Sections 1.1 through 1.4 (d) have been completed in substantial conformity with the
Proposal.
b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S
final acceptance of the Art Work.
c. Final acceptance shall be effective on one of the two dates, whichever occurs earlier:
(1) the date of the OWNER'S REPRESENTATIVE'S written notification to ARTIST of final
acceptance; or, (2) the 30th day after receipt by OWNER'S REPRESENTATIVE of written
notice given by ARTIST under Section 1.5 (a) unless prior to the expiration of the 30 day period,
OWNER'S REPRESENTATIVE gives the ARTIST written notice specifying and describing the
services which have not been completed.
1.6 Risk of Loss
The risk of loss or damage to the Art Work shall be borne by the ARTIST until final acceptance
by the OWNER, and the ARTIST shall take such measures as are necessary to protect the Art
Work from loss or damage until final acceptance.
1.7 Liability, Indemnification and Insurance
a. The ARTIST agrees to indemnify, defend and hold Owner and its officers,
employees, and agents harmless from any and all loss, cost, damage and expense (including
reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason
of any claims, actions or suits based upon or alleging bodily injury, including death, or property
damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under
this agreement, whether such be by ARTIST themselves or by any subcontractor or by anyone
directly or indirectly employed by either of them.
b. Upon final acceptance of the Art Work, the OWNER shall, to the extent permitted by
law, and without waiving any immunities available thereunder, indemnify and hold harmless the
ARTIST against any and all claims or liabilities thereafter made in connection with the Art Work,
the site, the project or this agreement, except claims by the OWNER against the ARTIST and
claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article
4.
c. The ARTIST and all employees of the ARTIST shall each effect and maintain
insurance to protect the ARTIST from claims under workers compensation acts; claims for
damages because of bodily injury including personal injury, sickness or disease, or death of any
of their employees or of any person other than their employees; and from claims for damages
because of injury to or destruction of tangible property; including loss of use resulting
therefrom; and from claims arising out of their performance of professional services caused by
errors, omissions, or negligent acts for which the ARTIST is legally liable.
1.8 Title
Title of the Art Work shall pass to the OWNER upon OWNER'S final acceptance of the
completed ART WORK.
Article 2. Compensation and Payment Schedule
2.1 Fixed Fee
The OWNER shall pay the ARTIST a fee not to exceed Seventy Thousand Dollars ($70,000),
which shall constitute full compensation for all fees, services, expenses, and materials to be
performed and furnished by the ARTIST under this agreement. The fee shall be paid in the
following installments, expressed as percentages of such fixed fee, each installment to
represent full and final, non refundable payment for all services and materials provided prior to
the due date thereof:
a. Ten percent (10%) within thirty (30) days after execution of this agreement.
b. Payment of invoices, purchase orders or statements for expenses and materials,
upon receipt of the same, to a maximum of eighty percent (80%) of the contract price.
c. Ten percent (10%) within thirty (30) days after final acceptance. If the ARTIST elects
to utilize the OWNER'S services and materials during installation, those fees shall be deducted
from the final payment due the ARTIST.
2.2 ARTIST'S Expenses
The ARTIST shall be responsible for the payment of all mailing or shipping charges on
submissions to the OWNER'S REPRESENTATIVE, the cost of transporting the Art Work to the
site and the costs of all travel by the ARTIST and the ARTISTS agents and employees
necessary for the proper performance of the services required under this agreement.
Article 3. Time of Performance
3.1 Duration
The services to be required of the ARTIST as set forth in Article 1 shall be completed in
accordance with the schedule for completion of the Art Work as proposed by the ARTIST and
approved by the OWNER'S REPRESENTATIVE pursuant to Section 1.2, provided that such
time limits may be extended or otherwise modified by written agreement between the ARTIST
and the OWNER'S REPRESENTATIVE.
3.2 Construction Delays
If, when the ARTIST co. mpletes fabrication or procurement of the Art Work in accordance with
the approved schedule and notifies the OWNER that the Art Work is ready for installation, the
ARTIST is delayed from installing the Art Work within the time specified in the schedule as a
result of the construction of the site not being sufficiently complete to permit installation of the
Art Work, the OWNER shall provide storage, or reimburse the ARTIST for reasonable
transportation and storage costs incurred for the period between the time provided in the
schedule for commencement of installation and the date upon which the site is sufficiently
complete to reasonably permit installation of the Art Work.
3.3 Early Completion of ARTIST Services
The ARTIST shall bear any transportation and storage costs resulting from the completion of
the ARTIST'S services prior to the time provided in the schedule for installation.
3.4 Time Extensions
The OWNER'S REPRESENTATIVE shall grant a reasonable extension of time to the ARTIST
in the event that there is a delay on the part of the ARTIST in performing its obligations under
this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render
timely performance of the ARTIST'S services impossible or unexpectedly burdensome.
Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event
that there is a delay on the part of the OWNER in performing its obligations under this
Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely
performance of the OWNER'S services impossible or unexpectedly burdensome. Failure to
fulfill contractual obligations due to conditions beyond either party's reasonable control will not
be considered a breach of contract; provided that such obligations shall be suspended only for
the duration of such condition.
Article 4. Warranties
4.1 Warranties of Title
The ARTIST represents and warrants that: (a) the Art Work is solely the result of the artistic
effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER'S
REPRESENTATIVE, the Art Work is unique and original and does not infringe upon any
copyright; (c) that the Art Work, or a duplicate thereof, has not been accepted for sale
elsewhere; and (d) the Art Work is free and clear of any liens from any source whatever.
4.2 Warranties of Quality and Condition
The ARTIST represents and warrants that: (a) the execution and fabrication of the Art Work will
be performed in a workmanlike manner; (b) the Art Work, as fabricated and installed, will be
free of defects in material and workmanship, including any defects consisting of inherent
qualities which cause or accelerate deterioration of the Art Work; and (c) maintenance
recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if
followed, will achieve their intended result.
The warranties described in this Section 4.2 shall survive for a period of five years after the final
acceptance of the Art Work. The OWNER shall give notice to the ARTIST of any observed
breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at
no cost to the OWNER, cure reasonably and promptly the breach of any such warranty which is
curable by the ARTIST and which cure is consistent with professional conservation standards
(including, for example, cure by means of repair or refabrication of the Art Work).
Article 5. Reproduction Rights
5.1 General
The ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all
other rights in and to the Art Work except ownership and possession, except as such rights are
limited by this Section 6.1. In view of the intention that the Art Work in its final dimension shall
be unique, the ARTIST shall not make any additional duplicate reproductions of the final Art
Work, nor shall the ARTIST grant permission to others to do so except with the written
permission of the OWNER. The ARTIST grants to the OWNER and its assigns a royalty-free,
irrevocable license to make two or three dimensional reproductions of the Art Work for
educational and/or non-commercial purposes, including but not limited to reproductions used in
advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational
and development projects, or other similar publications, provided that these rights are exercised
in a professional manner.
5.2 Notice
All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice
substantially in the following form: - [ARTIST'S NAME], date of publication.
5.3 Credit to Owner
The ARTIST shall use best efforts to give a credit reading substantially, "an original art work
owned and commissioned by the City of Iowa City, Iowa" in any public showing under the
ARTIST'S control or reproductions of the Art Work.
5.4 Registration
The ARTIST may cause to be registered, with the United States Register of Copyrights, a
copyright of the Art Work in the ARTIST'S name.
Article 6. ARTIST'S Rights
6.1 Identification
The OWNER shall, at its expense, prepare and install at the site a plaque identifying the
ARTIST, the title of the Art Work, and the year of completion; and shall reasonably maintain
such notice to the extent as may be practicable.
6.2 Maintenance
The OWNER recognizes that maintenance of the Art Work on a regular basis is essential to the
integrity of the Art Work. The OWNER shall take reasonable steps to assure that the Art Work
is properly maintained and protected, taking into account the instructions of the ARTIST
provided in accordance with Section 1.4 (d).
6.3 Alteration of the Work or of the Site
a. Except as provided under subsection 7.3(b), below, The OWNER agrees that it will
not intentionally damage, alter, modify or change the Art Work without the prior written approval
of the ARTIST.
b. The OWNER reserves the right to alter the location of the Art Work; relocate the Art
Work to another site; and remove the Art Work from public display. The following provisions
shall apply to relocation or removal:
(i) While the OWNER shall attempt to remove Art Work in such a way as to not
affect the Art Work, it is the parties understanding that such removal may result in damage,
alteration, modification, destruction, distortion or other change of the Art Work. The ARTIST
acknowledges that this provision shall qualify under 17 U.S.C. Section 113,(d) so as to waive
rights under 17 U.S.C. Section 106A.
(ii) If, at the time of removal, it is determined that the Art Work may be removed
without damage, alteration, modification, destruction, distortion or other change, OWNER shall
give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the Art Work,
the ARTIST agrees to file the records, including ARTIST'S identity and address, with the
Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The ARTIST further
agrees to update information with the Register of Copyrights so as to permit notification of
intent to remove the Art Work.
6.4 Permanent Record.
The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this
Agreement and the location and disposition of the Art Work.
Article 7. ARTIST as Independent Contractor.
The ARTIST shall perform all work under this Agreement as an independent contractor and not
as an agent or an employee of the OWNER. The ARTIST shall not be supervised by any
employee or official of the OWNER, nor shall the ARTIST exercise supervision over any
employee or official of the OWNER.
Article 8. Assignments, Transfer, Subcontracting
8.1 Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any
such transfer shall be null and void and shall be cause to annul this Agreement.
8.2 Subcontracting by ARTIST
The ARTIST may subcontract portions of the services to be provided hereunder at the
ARTIST'S expense provided that said subcontracting shall not negatively affect the design,
appearance, or visual quality of the Proposal and shall be carried out under the personal
supervision of the ARTIST. The ARTIST must obtain approval from the OWNER'S
REPRESENTATIVE prior to hiring any subcontractor. If the OWNER'S REPRESENTATIVE
does not approve the hiring of any subcontractor, another subcontractor must be submitted for
approval by the OWNER'S REPRESENTATIVE.
Article 9. Termination
If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper
manner, or otherwise violate, any of the covenants, agreements or stipulations material to this
agreement, the other party shall thereupon have the right to terminate this agreement by giving
written .notice to the defaulting party of its intent to terminate specifying the grounds for
termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the
default. If it is not cured, then this agreement shall terminate. In the event of default by the
OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the
ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished
drawings, sketches, photographs, and other work products prepared and submitted or prepared
for submission by the ARTIST under this agreement shall at the OWNER'S option become its
property, provided that no right to fabricate or execute the Art Work shall pass to the OWNER
and the OWNER shall compensate the ARTIST pursuant to Article 2 for all services performed
by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by the OWNER
in exchange for all finished and unfinished related Art Works. Notwithstanding the previous
sentence, the ARTIST shall not be relieved of liability to the OWNER for damages sustained by
the OWNER by virtue of any breach of this Agreement by the ARTIST, and the OWNER may
reasonably withhold payments to the ARTIST until such time as the exact amount of such
damages due the OWNER from the ARTIST is determined.
Article 10. Compliance
The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and
regulations applicable to the performance of the ARTIST'S services under this agreement.
Article 11. General Terms
11.1.
The Artist shall not commit any of the following employment practices and agrees to
prohibit the following practices in any subcontracts.
11.1.1
To discharge or refuse to hire any individual because of their race, color, religion, sex,
national origin, disability, age, marital status, gender identity, or sexual orientation.
11.1.2
To discriminate against any individual in terms, conditions, or privileges of employment
because of their race, color, religion, sex, national origin, disability, age, marital status,
gender identity, or sexual orientation.
11.2
It is understood and agreed that the retention of Artist by Owner for the purpose of the
Project shall be as an independent contractor and shall be exclusive, but the Artist
shall have the right to employ such assistance as may be required for the performance
of the Project.
11.3
It is agreed by the Owner that all records and files pertaining to information needed by
the Artist for the project shall be available by said City upon reasonable request to the
Artist. The Owner agrees to furnish all reasonable assistance in the use of these
records and files.
11.4
At the request of Owner, the Artist shall attend such meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the Owner shall
be given with reasonable notice to Artist to assure attendance.
11.5
Should any section of this Agreement be found invalid, it is agreed that the remaining
portion shall be deemed severable from the invalid portion and continue in full force
and effect.
11.6
Fees paid for securing approval of authorities having jurisdiction over the Project will
be paid by Owner.
11.7
Upon signing this agreement, Artist acknowledges that Section 362.5 of the Iowa
Code prohibits a City officer or employee from having an interest in a contract with the
City, and certifies that no employee or officer of the City, which includes members of
the City Council and City boards and commissions, has an interest either direct or
indirect, in this agreement, that does not fall within the exceptions to said statutory
provision enumerated in Section 362.5.
Article 12. Entire Agreement
This writing embodies the entire agreement and understanding between the parties hereto, and
there are no other agreements and understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
Article 13. Modification
No alteration change, or modification of the terms of the Agreement shall be valid unless made
in writing and signed by both parties hereto and approved by appropriate action of the OWNER.
9
AR~~~/~L~TIST OWNER
lebust
ATI'EST
~ar~'K. Karr ~' ~
City Clerk
andy/agt/arti st2. doc
CIty Attomey's Office
EXHIBIT A
WEAT, HERDANCE
A Proposal for the City of Iowa City Pedestrian Plaza & Fountain
Design by Andrea Myklebust and Stanton G. Sears
The Plaza
WEATHERDANCE tells a story about place, climate, and direction. The entire plaza has been designed as an
archerypal midwestern weather map. White clouds gather in the west, and wind blows across the prairie in a
warm advancing front, bringing rain. Water streams from cloud to ground, nourishing a patchwork quilt of green
fields in black earth. In the north, a cold front hovers at the edge of the plaza, reminding us of the cycle of
seasons, and offering the reassurance of a completed pattern.
The plaza functions as a compass, with North, South and East indicated in cast bronze letters embedded within the
granite field of the pavement. A "W" for West is carved into the vertical surface of the limestone seatwalYplanter
at the western edge of the plaza. The letter is partially visible, appearing and disappearing in the stone, wreathed
in cloud.
The shape of the plaza is a symbolic representatio~i of Johnson County. The curved line which defines the leading
edge of clouds in the weather map also functions as an abstract image of the Iowa River as it flows through the
county.
Water
Essential to life, ephemeral but constant, moving water is the focal point of the plaza. Seven jets of water rise
from recessed nozzles in the pavement to land in a series of arcs in the green granim fields. These laminar streams
of water are glass-like and appear almost still, save for the gentle splash of their landing. The arcs of water create
a passageway through which a person may walk without getting wet, if that is their wish. Reach out a hand to
interrupt the flow, and a soaking may ensue.
Details
Two manhole covers which must remain on the site in their present positions are incorporated within the design of
the plaza as cast bronze sculptural elements. The Storm manhole cover is rendered with the image of a
cumulonimbus cloud and rain. At the boundary of the green granite field, another manhole cover depicts Harvest,
with corn, wheat, soybeans and native prairie plants.
Within the red granite arc representing the wind, a series of square bronze pavers illustrate state symbols and local
geology.
Materials
Water, thermal-finish granite pavers in standard dimensions and wire- or water-cut granite pavers, cast bwnze,
carved limestone.
WEATHERDANCE site plan
Prepared by: Dennis Mitchell, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240, 356-5130
RESOLUTION NO. 98-380
RESOLUTION APPROVING THE WINTER 1998/99 DEER MANAGEMENT PLAN
FOR IOWA CITY.
WHEREAS, the City of Iowa City has conducted a study of deer herd population and
management options; and
WHEREAS, the City of Iowa City has determined that steps must be taken to develop and
implement a deer management plan that is designed to provide needed relief and protection
for the environment, property owners, and motor vehicle operators within the corporate limits
of Iowa City; and
WHEREAS, the Iowa City/Coralville Deer Management Committee has thoroughly reviewed
the deer population problem in Iowa City and made recommendations on the best methods to
resolve this problem; and
WHEREAS, the City of Iowa City has adopted a long-term deer management plan; and
WHEREAS, the attached deer management plan for winter 1998/99 is in harmony with the
long-term plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that it
is in the public interest to adopt the attached Winter 1998/99 Deer Management Plan and the
City Manager is hereby authorized and directed to implement said plan
Passed and approved this 1st
ATTEST: CIT~LERK ~'
day of December
,1998.
City Attorney's Office
Resolution No. 98-380
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
x
0'DannPll
the Resolution be
ABSENT:
Champion
X Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
WINTER OF ! 998/99 DEER MANAGEMENT PLAN FOR IOWA CITY
The City of Iowa City will proceed with an educational program that will provide residents with
information on deer habits and guidelines for limiting localized deer damage through the use of
screening, alternative plantings, and other techniques. The Winter 1998/99 Deer Management
Plan will be included. Educational materials will be distributed through a variety of methods
including public informational meetings, pamphlets, and government television programs.
The City of Iowa City will evaluate the need for and, where appropriate, install or petition the State
or County to install on roadways under their jurisdiction warning signs and/or reflectors that may
reduce the likelihood of vehicle/deer accidents. The City will prepare an annual report on the
effectiveness of deer reflectors. In addition, thoughtful consideration will be given to deer
migratory paths as transportation improvement projects are approved by the City Council.
In order to prevent irreparable damage to the ecosystems in Iowa City and to prevent significant
injury or damage to persons or property, the City Council has set the maximum deer population
density to be thirty-five (35) per square mile per City-designated management district· Actual
numbers were unable to be collected via helicopter count due to inadequate snow cover during
the late winter season of 1997/98· Therefore, an estimate of population growth must be used to
determine number of deer to be killed·
In order to attain its population goal of thirty-five (35) deer per square mile per management
district, the City of Iowa City received authorization from the Department of Natural Resources to
establish a special deer population management area for Iowa City under the following conditions,
limitations, and procedures:
a. The special deer management area is defined as all public and private land in Iowa City as
designated by the City Council of Iowa City.
The City Council directs a number not to exceed 240 deer be killed during the winter of
1998/1999, unless actual numbers determined by helicopter count indicate that fewer deer
killed will allow the City to reach the desired goal of 35 deer per square mile, within the time
period authorized by the Iowa Department of Natural Resources, via the following methods:
(1)
The United States Department of Agriculture (USDA) will utilize sharpshooting with
centerfire rifles equipped with silencers for the lethal removal of deer. Bait may be used
to attract deer to the sites. City and USDA officials will determine locations, training, and
all other conditions for the sharpshooting activities. The City and USDA will comply with
all applicable state laws.
(2) The City will utilize City personnel to use baited traps to capture and kill deer in locations
determined by City officials.
(3)
All deer killed by sharpshooting and/or trapping operations will be processed for human
consumption and distributed free of charge. Processing locker(s) participating in the
plan will be allowed to keep and utilize the deer hide.
(4) No licenses will be required for the City and no fees will be charged·
The Deer Management Committee will convene in the spring/summer of 1999 to review
educational material, deer population numbers (current and projected), Winter 1998/1999
deer kill effectiveness, and to recommend methods to manage deer during the winter of
1999/2000. A report of the results 1998/1999 management plan will be prepared and
submitted to the Department of Natural Resources.
Approved by Deer Management Committee - October 21, 1998
Date sent:
From:
To:
Wed, 18 Nov 1998 20:04:38 -0600 (CST)
"d. oshea" <doshea@blue.weeg. uiowa.edu>
council@blue.weeg.uiowa.edu
i hope this email isn't to late but my opinion is that there are many
other solutions to the deer problem than sharp shooting them the
taking of life no matter what kind of life should be looked upon as a
last resort Ideas: put up more reflectors on the highways.
enforce slower speed limits in densely deer populated areas
inform people of plants the deer are less likely to eat
I sure there are many more things you can do. As a concerned citizen i
ask you not to sharp shot these innocent animals
-- 1 -- Thu, 19 Nov 1998 08:02:29
From:
To:
Subject:
Date sent:
"Jack Fredregilr' <j afredregill@worldnet. att.net>
<council@blue.weeg. uiowa.edu>
Deer Sharpsooters
Mon, 23 Nov 1998 15:16:20 -0600
This is a multi-part message in MIME format.
....... _NextPart_000_001A_01BE16F4.39F150A0
Content-Type: text/plain;
charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable
If you approve the plan to kill 240 deer through sharpshooting, you're
= making a policy choice that doesn't address the real problem. The =
population is high because the natural predators have been eliminated
by = human actions, and some residents are providing food for the
deer. The = deer population is high as a result of human actions, and
the solution = should be found in altering those actions. You can
never completely = control deer unless you kill them. You can control
the effects of humans = through the use of much less drastic, more
positive measures -- like = more street reflectors, traffic calming
measures, public education, more = speed limit enforcement, a test of
car-mounted sound devices, etc. = Instead, we're just gonna go get
'em!
The next time you're in your car, drive 25mph (even at night) and
think = about whether or not you would be able to hit the brakes in
time to miss = a deer. My guess is that if you're driving the speed
limit (in town) and = paying attention, it is very unlikely that you
will hit a deer.=20
In any case, I think this policy is a negative solution, it's the
"easy = way out", and I think the Council should seek more expert
testimony from = those other than the agencies (USDA, DNR) who might
gain jobs and profit = from the decision. =20
Jack Fredregill
j-fredregill@worldnet.att.net
....... _NextPart_000_001 A_01 BE16F4.39F150A0
-- 1 -- Tue, 24 Nov 1998 08:04:41
Date sent:
From:
To:
Subject:
Mon, 23 Nov 1998 14:09:37 -0600
"Nicholas J. Sitzman" <nsitzman@blue.weeg.uiowa. edu>
council@blue.weeg.uiowa.edu
Deer Killings
I am writing to voice my objection to the upcoming deer killings in
Iowa City.
I feel that there are numerous other ways to rectify the problem(s)
without destroying these animals. These would include, but are not
limited to, more street reflectors, traffic calming measures, public
education, more speed limit enforcement, a test of car-mounted sound
devices, as well as preventative actions that can be taken by the VERY
FEW citizens who are actually perturbed by the deers' late night
visits.
As a former resident of the "Goosetown Neighborhood," I was completely
enthralled by the deers' frequent visits to my block, and enjoyed
watching them travel around, through, and TO my yard. The deer have
never seemed to me to be a nuissance, but more of a part of the magic
that Iowa City offers its residents everyday.
Also, as a veteran of the United States Army, I know that ANY
situation involving the use of ANY firearm can become hazardous and
lethal at the drop of a hat. True, there will most likely be no such
problems, but in reality, there COULD be. It strikes me as odd, that
the council finds it perfectly logical to impose that 0.5% risk of
killing or injuring a person in order to eliminate a 0.25% risk caused
by the deer. I realize that these numbers are my own arbitrary
compositions, but I hope they convey my point on the subject.
Thank you for your time... And I urge you to reconsider the planned
actions...
Nick Sitzman
314 1/2 S. Governor St.
Iowa City, IA 52240
(319) 354-8480
-- 1 -- Tue, 24 Nov 1998 08:04:41
Date sent:
From:
To:
Subject:
Mon, 23 Nov 1998 13:32:16 -0600 (CST)
"j . bowen" <j bowen@blue.weeg. uiowa.edu>
council@blue.weeg. uiowa.edu
Sharpshooting 240 deer
To Whom it May Concern,
Last week, on Tuesday, November 17th, I attended the city council
meeting. I anticipated a casual interaction between city council
members and the public and had hopes of making my personal comments on
the issue of sharpshooting deer in the community. After listening to
statements from persons supporting the sharpshooting, it seemed very
clear to me that the city had already made a decision in regard to the
issue. The comments from people opposed to the sharpshooting seemed to
be received as ambiguous and unimportant, not worthy of
acknowledgement. I found it very disturbing to watch these people
display their opinions and approach the council with well informed
arguments only to be disregarded. I am disappointed that although the
public has clearly taken a stand on this issue, opposing it
vehemently, the city council will vote next week, surely not in the
direction of the voice of the people, but choose to ignore a widely
spread petition and the earnest desires of the public to prevent the
deaths of 240 deer. Sincerely, Jennifer Bowen
-- 1 -- Tue, 24 Nov 1998 08:04:42
From:
To:
Date sent:
"Elise Pohl" <elisecpohl@hotmail.com>
council@blue.weeg. uiowa.edu
Sun, 29 Nov 1998 21:36:47 PST
Dear the City Council,
I understand that the vote on December 1, 1998 pertaining to the
sharpshooting of 240 deer has not been easy to make. I attended the
meeting on November 17, 1998. Many people stood up and peacefully
stated their opinion on the matter- that they opposed this
sharpshooting altogether. I also oppose the sharpshooting. I was not
able to speak due to time. Please vote according to what the majority
of the public would like, which is no slaughtering of animals in our
parks here in Iowa City. Thankyou.
Sincerely,
Elise Pohl
Get Your Private, Free Email at http://www.hotmail.com
-- 1 -- Mon, 30 Nov 1998 08:01:48
Date sent:
From:
To:
Subject:
Fri, 27 Nov 1998 10:17:30 -0600 (CST)
a <mgarcia@blue.weeg. uiowa.edu>
council@blue.weeg. uiowa.edu
Sharpshooting
Dear Council members,
Genocide has never been an effective method in dealing with
humankind's problems. The deer are a problem only because they do
not have a natural habitat; we, with all our desires for easy living,
have stripped them of it. Now they are in our gardens. What else
are they supposed to do? I think that choosing to kill these animals
is a poor cop-out to having to solve the complex problem we are
facing: how to find a balance between humans and the rest of the
beings on this Earth. I would suggest that the city invest in
education; there must be ways to discourage deer from onto peoples
properties. If people would stop feeding the deer, if they would
drive the speed limit in areas where the deer are dense, or even just
realize that they have just as much a right to be overpopulated as WE
do, then maybe this "problem" would cease to exist. It was said in
the public forum on the 17th of Nov. that the deer are dangerous to
the ecosystem; what ecosystem? It was destroyed long ago by our OWN
species! This argument is worthless, all of the arguments are just
circling the real issue-- human overpopulation. Our cities are
spreading out into the forests and deserts and mountains and the
animals are being forced out of their natural habitats and for those
species who try to adapt...genocide.
Sincerely,
Maria Fernanda Garcia
519 S. Dodge St #6
Iowa City, IA 52240
-- 1 -- Mon, 30 Nov 1998 08:01:49
From:
To:
Copies to:
Subject:
Date sent:
"Donham, Kelley" <Donham@info.pmeh.uiowa.edu>
"'council@blue.weeg.uiowa.edu"' <council@blue.weeg. uiowa. edu>
"Donham, Kelley" <Donham@info.pmeh.uiowa. edu>,
"'brad-doebbeling@uiowa. edu"' <brad-doebbeling@uiowa.edu>,
"Zwerling, Craig" <Zwerling@info.pmeh.uiowa. edu>,
"'gdameron@co.johnson.ia.us"' <gdameron@co.johnson.ia.us>,
"'kflora@co.johnson.ia.us"' <kflora@co.johnson.ia.us>
Public health concern re consumption of deer meat and "mad cow-li
ke agent"
Mon, 30 Nov 1998 10:00:43 -0600
Memo
To: Iowa City, City Council
From: Kelley J. Donham, D.V.M
Professor of Preventive Medicine and Environmental Health
University of Iowa
College of Medicine
Member, Johnson County Board of Health
Subject: Deer herd control in the City, and public health concerns
Lisa Handsaker called and requested information regarding a citizens
concern about donating the meat harvested from the proposed deer
control program. The concern was possible transmission of an agent
infectious for humans which causes brain disease, acquired from
consumption of deer meat. There appears to be some confusion, which I
hope the following facts will help the council.
1) There is a disease in deer and elk called "wasting disease". It
was first described 20 years ago. The agent that causes the disease
is an infectious protein, called a preon.
2) Several animal species have infectious preon agents, including
cats, sheep, and cows. The latter agent has had recent publicity as
bovine spongiform encephpalopathy (BSE), or "mad cow disease". BSE
has had a weak epidemiological association (cause-effect not proven)
to Creutzfeldt-Jacob disease in humans. This has only been a concern
in Great Britain.
-- 1 -- Mon, 30 Nov 1998 14:57:31
3) There is no know relationship between the SB agent of cattle in the
UK, and the Wasting disease of deer and elk.
4) It is most important to know that the wasting disease has only been
seen in mule deer, which are found in the Western part of the US, and
not in Iowa. Furthermore, we do not have elk in Iowa.
5) Even though the wasting disease has been known for 20 years, there
has been no evidence of transmission to humans.
6) Even though there are other disease of deer that may be
transmissible to humans (e.g.. brucellosis, tuberculosis, and
leptospirosis), there is little evidence of any of these diseases are
human health risks from consumption of meat. The wasting disease of
deer would even be of less concern, as it is not know to infect the
white tailed deer we have here in Iowa, and even where the disease is
present mule deer in the West, there is no evidence of transmission to
humans.
7) In summary, there is little know public health risk to donating
the meat from deer killed in this region for human consumption,
assuming the meat is handled and cooked appropriately.
8) If there are further questions, please to not hesitate to contact
me.
9) Thank you.
-- 2 -- Mon, 30 Nov 1998 14:57:32
Date sent:
From:
Send reply to:
To:
Subject:
Tue, 1 Dec 1998 16:07:48 -0600 (CST)
"V. Jones" <vjones@blue.weeg. uiowa.edu>
"V. Jones" <vj ones@blue.weeg. uiowa.edu>
council@blue.weeg. uiowa.edu
deer management
Dear Iowa City city council members,
The burden-of-proof over whether or not the Iowa City area has a deer
overpopulation problem lies with those who insist that sharpshooting
of deer is the only answer. In order to make a strong case for going
ahead with the lethal plan, the DNR, the task force, and the
scientists who have been hired to look into the issue must first prove
that deer overpopulation is more than just a cultural (i.e. human)
problem.
What has led to the diagnosis that the deer in Iowa City are
overpopulated? Are they suffering and starving as a result of high
densities? Are they seriously reducing the diversity and productivity
of the natural communities in which they live? As far as I can tell,
no data on either of these overpopulation issues has been collected.
The real cry of overpopulation seems to have come from influential
property owners who are distressed about damage done by the deer to
ornamental plantings in the property owners' yards.
As far as I'm concerned, this is not a good enough reason to recommend
a program of lethal deer maintenance. Deer reside on hundreds of
small-sized areas in all regions of the country, from the Pacific
Northwest to the Southeast, to the heart of the Midwest. According to
Dr. Thomas Eveland, ecology consultant, these land areas provide ample
evidence that there is no absolute biological need to have human
hunters kill deer. Dr. Eveland, in an article entitled "Living With
Deer" writes that there are several biological self-regulatory
techniques for deer, including:
1. Death by disease, extreme heat or cold, parasites, etc.
2. Production of less pups when the food-to-deer ratio becomes
strained.
(ex. outside of Yellowstone Natural Park, where coyotes are hunted,
trapped, and poisoned, females produce six to eight pups per
litter. Inside Yellowstone where they are protected, coyotes
-- 1 -- Tue, 1 Dec 1998 18:03:24
produce two to four pups per litter).
3. In times of stress, does will bear more males than females,
decreasing
the reproductive potential of the population.
There are several non lethal management solutions for humans living
with deer, which include fencing gardens, shielding ornamental and
fruit trees with plastic netting in the wintertime (when deer are most
likely to browse them because there is less wild food available),
using chemical or natural deer repellants (such as human hair, feather
meal, blood meal, mothballs), and planting more deer resistant
varieties of ornamentals such as dusty miller, English lavender,
holly, honeysuckle, blue spruce...(many lists of deer resistant
species are available).
As far as deer-vehicle collisions are concerned, deer warning signs,
reflectors, lowered speeds in deer dense areas, and even large
roadside fencing in some particularly dense areas are all effective
measures for limiting accidents. In addition, people must learn to
drive with deer in mind. This means slowing down in deer dense areas,
while scanning the roadside for deer at night-time.
Considering the lack of scientific data contributed to support
the sharpshooting agenda, I do not believe it would be wise for you to
vote "Yes" on this plan. Much more research needs to be done and plant
specimens and other data collected before a proper diagnosis of
"overpopulation" can be reached. The sharpshooting plan is an
economically and environmentally drastic step for a problem many Iowa
City area residents aren't even certain that we have. And finally,
there is an element of danger in using high-powered rifles within Iowa
City city limits that cannot, no matter how many assurances are made,
be denied.
Sincerely,
Vanessa R. Jones
-- 2 -- Tue, 1 Dec 1998 18:03:24
City of Iowa City
MEMORANDUM
TO:
FROM:
DATE:
RE:
City Council
Administrative Assistant
November 30, 1998
D.J. Schubert Correspondence
This note is to address D.J. Schubert's letter to Ed Hartin (USDA) regarding the
National Environmental Policy Act (NEPA) and how it relates to Iowa City's Deer
Management Plan.
Environmental Assessments are required when the USDA provides services that
impact the environment and/or wildlife. Ed Hartin relayed to me that Iowa City's
Draft Environmental Assessment (DEA) will be complete within the next few
days. If Council approves the resolution on December 1, Mr. Hartin will make
available for public review (as required by NEPA) the DEA applicable to USDA
sharpshooting in Iowa City. Mr. Hartin is extending the requirement by having
the document available for three weeks in addition to receiving public comment
(public review is required, receipt of comment is not).
According to Mr. Hartin, the USDA will meet and/or exceed all requirements
necessary for his staff to perform sharpshooting in Iowa City.
SCHUBERT & ASSOCIATES
P.O. BOX II 540
GLENDALE, AZ 853 I 8- 1540
TELEPHONF_.JFAX: (602) 547-8537
Z NOV 3 0 1998
/ry #ANA ER,
November 24, 1998
Mr. Stephen J. Atkins, City Manager
Civic Center
410 E. Washington Street
Iowa City, IA 52240
Dear Mr. Arkins:
I have enclosed for your review a copy of a November 13, 1998 letter that I sent to Mr.
Ed Hartin of the U.S. Department of Agriculture regarding his agency's draft environmental
assessment (DEA) for deer control in urban areas throughout Iowa, including Iowa City. The
letter, written on behalf of Ms. Shannon Nelson, Mr. Chad Gonnermart, Mr. Clayton Foley, and
the University of Iowa Animal Rights Coalition, specified that the DEA was not only legally
deficient but that the USDA had failed to provide an opportunity for the public to review and
comment on the DEA as required by the National Environmental Policy Act (NEPA).
I understand that the Iowa City City Council is scheduled to vote on whether to permit the
proposed deer killing program in early December. On behalf of my clients, I would respectfully
request that the City Council, at a minimum, delay a vote on this matter until and unless the
USDA fully complies with NEPA. If possible, if the City Council believes that the public should
have an opportunity to participate in the USDA's decision-making process on this issue, my
clients would strongly encourage the City Council to pass a resolution asking the USDA to
subject its DEA to public review as required by NEPA.
Thank you in advance for your immediate consideration of this request.
D.J. Schubert
Wildlife Biologist
12-01-98
15
Prepared by: Maggie Grosvenor, ICHA, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5407
RESOLUTION NO. 98-381
RESOLUTION APPROVING THE SECTION 8 ADMINISTRATIVE PLAN FOR
THE IOWA CITY HOUSING AUTHORITY SECTION 8 PROGRAMS
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority
and the Department of Housing and Urban Development requires adoption of the Section 8
Administrative Plan for administration of the Section 8 Certificate and Voucher Programs; and
WHEREAS, the housing assistance programs would benefit from the adoption of the updated
Section 8 Administrative Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the Section 8 Administrative Plan be adopted as the policy of the Iowa City Housing
Authority effective immediately.
That the City Clerk is hereby authorized and directed to certify appropriate copies of this
resolution together with any necessary certifications as may be required by the Department of
Housing and Urban Development.
Passed and approved this ].st day of
CI~LERK
December ,1998.
Ap(~_~,~ / I-Qt'/"~,,,P
City Attorney's Office
hisasstVes\Bapprov.doc
Resolution No. 98-381
Page 2
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
Champion
AYES: NAYS: ABSENT:
.X
X
X
X
X
the Resolution be
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
IOWA CITY SECTION 8 ADMINISTRATIVE PLAN
Reviewed by Housing and Community Development Commission
November 19, 1998
Adopted by Iowa City City Council 12-1-98
November 1998
Section 8 Administrative Plan
INTRODUCTION
The purpose of this Administrative Plan is to:
Establish policies for issues not covered under Federal regulations for the Section 8
Certificate, Voucher, and Family Self-Sufficiency programs administered by the Iowa City
Housing Authority.
Establish fair and equitable policies for selecting applicants to participate in Section 8
Programs administered by the Iowa City Housing Authority (HA);
Provide fair, equitable and reasonable procedures to govern Section 8 Program participation
in accordance with regulations of the U.S. Department of Housing and Urban Development
(HUD);
Permit each applicant and participant the greatest opportunity for the exercise of individual
rights.
The provisions of this Administrative Plan govern administration of the Section 8 Certificate, Voucher,
and Family Self-Sufficiency programs administered by the Iowa City Housing Authority.
This plan conforms to all current HUD regulations. The Authority will comply with any subsequent
changes in HUD regulations pertaining to program administration. If such changes conflict with the
provisions of this policy, HUD regulations will have precedence.
The HA administers the Section 8 Rental Certificate and Rental Voucher programs in MSA Metropolitan
Statistical Area of Iowa City and Johnson County, Iowa. The primary objective of these programs is to
provide decent, safe, sanitary and affordable rental housing for low income households and to provide
these households with housing choices and the opportunity to move outside areas with a concentration of
low income households.
Section 8 Administrative Plan
SECTION I
NONDISCRIMINATION AND PRIVACY POLICY
The HA will not discriminate against any applicant or resident because of race, color, creed, national or
ethnic origin or ancestry, religion, sex, age, disability, military status, sexual orientation, source of
income, marital status or presence of children in a household; nor will any criteria be applied, nor
information be considered, pertaining to attributes or behavior that may be imputed by some to a
particular group or category. All criteria applied and information considered in administering this plan
shall relate to the attributes and behavior of the individual members of the household.
The HA shall not, on account of race, creed, color, sex, age, class, disability, religion, military status,
sexual orientation, source of income, marital status or the presence of children deny to any family the
opportunity to apply for assistance or deny any eligible applicant the opportunity to lease a housing unit
suitable to its needs. (24 CFR 100)
The Iowa City Housing Authority is fully committed to providing reasonable accommodations to its
applicants and participants with handicaps or disabilities.
The HA provides to applicants information on Federal/State/local laws regarding housing discrimination
and any recourse available. Such information will be made available as part of the briefing session, and
all applicable Fair Housing Information and Discrimination complaint forms will be made part of the
Certificate and Voucher holders' packet. The HA will provide referrals and information to applicants and
participants about local organizations which provide assistance in filing discrimination complaints.
It is also the policy of the HA to guard the privacy of individuals in accordance with the Privacy Act of
1974, and to ensure the protection of individuals' records maintained by the HA. Therefore, the Housing
Authority shall not disclose any personal information (including, but not limited to information on any
disability, medical records, and social security numbers) contained in its records to any person or agency
unless the individual about whom the information is requested gives written consent to such disclosure,
or as required by law. This privacy policy in no way limits the HA's ability to collect such information as
it may need to determine eligibility or compute rent.
Section 8 Administrative Plan
SECTION II
PROGRAM ELIGIBILITY GUIDELINES
A. Eligibility Criteria
To be eligible for admission, an applicant must meet the following criteria:
1. The applicant must qualify as a family. (24 CFR 982.102(c)) A family is defined as:
a. A "family" may be a single person (as defined in g below).
b. A "family" includes a family with a child or children.
A group of persons consisting of two or more elderly persons or disabled persons
living together, or one or more elderly or disabled persons living with one or more live-
in aides is a family.
Persons who are registered as domestic partners and who are eligible to obtain a
certified statement of domestic partnership from the City Clerk, City of Iowa City
(Human Rights Definition under City Code).
eo
Two or more persons related by blood, marriage, adoption or placement by a
governmental or social service agency (Zoning Definition under City Code).
A child who is temporarily away from the home because of placement in foster care is
considered a member of the family.
g. A single person family shall be:
(i) An elderly person.
(ii) A disabled person 18 years or older who is, at the date of eligibility, not declared
as a dependent by a parent or guardian.
The applicant must be income eligible. (24 CFR 982.201b)The applicant's total family
income must not exceed the Very Low Income Limit (50% of area median income) published
in the Federal Register for the Iowa City Metropolitan Statistical Area. The HA's current
income limits are contained in Appendix 2. Income limits will, at all times, be posted at the
HA. Income limits are generally revised annually by HUD and changes in income limits are
incorporated into this policy by reference.
HUD rules allow admission of Low Income families (80% of area median income) in limited
circumstances, including:
a,
when a family qualifies as continuously assisted under the 1937 Housing Act.
Families are considered to be continuously assisted if they were previously
assisted in subsidized housing under the 1937 Housing Act.
when a family is physically displaced by rental rehabilitation activity under 24
CFR Part 511;
C,
when a nonpurchasing household resides in a HOPE I (public and Indian
homeownership) or HOPE 2 (multi family homeownership) project;
when a nonpurchasing household resides in a HUD assisted multifamily project
Section 8 Administrative Plan
subject to a resident homeownership program under the Code of Federal
Regulations Title 24 part 248.173; or
when a family is displaced as a result of the prepayment of a mortgage or
voluntary termination of a mortgage insurance contract under 24 CFR 248.165;
or
for the certificate program only, a low-income family residing in a HUD-owned
multifamily rental housing project when HUD sells, forecloses or demolishes the
project.
Need for Assistance. (24 CFR 982.201b) Families must demonstrate the need for assistance,
specified as follows:
Certificates. The family's Total Tenant Payment must not equal or exceed the
Fair Market Rent for the unit size the family has been assigned based on subsidy
standards listed.
Vouchers. Thirty percent of the family's monthly adjusted income must not
equal or exceed the Payment Standard for the unit size the family has been
assigned based on subsidy standards.
The applicant and each family member six (6) years of age or older who has been assigned a
Social Security Number (SSN) must disclose the SSNs. (24 CFR 982.55 l(b)(3) and 5
Subpart B) These numbers must be verified. If a SSN has not been assigned, certification to
that effect must be executed for all family members.
,
The applicant, or any adult family member, must not have committed fraud in connection
with any federal housing assistance program. Intentionally providing misleading information
on the application form is considered fraud. (24 CFR 982.552(b)(5))
o
The applicant and each family member must be a U.S. citizen or noncitizens who have
eligible immigration status. (24 CFR Subpart E 5)
The applicant family must not maintain another residence in addition to the HA unit. (24
CFR 982.55 l(4)(h)(1))
o
Outstanding Debts. (24 CFR 982.552(b)(6)) The family must have paid any outstanding
debt owed to the HA or another the HA on any previous tenancy in public housing or
Section 8. The HA may require the family to sign a repayment agreement for outstanding
debts owed to the HA in order to determine the family eligible.
B. Ineligibility Because of Prior Eviction for Drug-Related Activity
Drug-related criminal activity is the illegal manufacture, sale, distribution, use or possession
with intent to manufacture, sell, distribute or use of a controlled substance. Pursuant to
federal law, persons evicted from public housing, Indian housing, Section 23, or any Section
8 program because of drug-related criminal activity are ineligible for participation in any
Section 8 program at HA for a three-year period beginning on the date of such eviction.
Section 8 Administrative Plan
The HA will waive this restriction if the applicant can demonstrate to the satisfaction of the
HA that:
a. the person successfully completed a rehabilitation program approved by HA, or
the circumstance (s) leading to the eviction no longer exists. For example, the person
involved in drugs and responsible for the eviction is no longer part of the household.
C. Screening Out Illegal Drug Users and Alcohol Abusers
The HA will prohibit the admission to Section 8 programs of any person who the HA
determines is illegally using a controlled substance.
The HA will prohibit admitting any person to Section 8 programs in cases where the HA
determines that there is reasonable cause to believe that the person's pattern of illegal use of
a controlled substance or pattern of abuse of alcohol may interfere with the health, safety, or
right to peaceful enjoyment of the premises by other residents.
The HA will waive the policies prohibiting admission in these circumstances if the person
demonstrates to the HA's satisfaction that the person is no longer engaging in illegal use of a
controlled substance or abuse of alcohol and:
has successfully completed a supervised drug or alcohol rehabilitation program;
has otherwise been rehabilitated successfully; or
is participating in a supervised drug or alcohol rehabilitation program.
D. Eligibility Restrictions Regarding Noncitizens
As required by HUD (24 CFR 5 subpart E), eligibility for assistance or continued assistance
contingent upon a family's submission of documentation either declaring U.S. citizenship or
eligible immigration status. The HA requires both current tenants and applicants to submit
the required citizenship or eligible immigration documentation for every household member
in order to receive or continue to receive housing assistance. Documentation is required of
all new admissions at the time an application is processed by the Housing Authority. Any
current tenant who has not already provided documentation will be required to document
citizenship or inunigration status at the next reexamination. It is necessary to provide this
information only one time for each family member during continued occupancy at the HA.
Whenever a new family member is added, documentation must be provided before the new
member can be added to the lease.
2. Proof of citizenship will take the following form:
For families claiming U.S. citizenship, each applicant or participant family member
will sign the citizenship declaration form and present appropriate documentation (such
as U.S. passport, resident alien card, social security card or other appropriate
documentation), which will become a permanent part of the tenant file. Adults will be
required to sign on behalf of all children under the age of eighteen years.
b,
Noncitizens age 62 years or older who are current participants or applicants will be
required to sign a declaration of eligible immigration status and proof of age.
Section 8 Administrative Plan
Co
Participants and applicants who are noncitizens declaring eligible immigration status
must:
sign a declaration of eligible immigration status;
provide the required U.S. Immigration and Naturalization Service
documents, such as Alien Registration Receipt Card, Arrival/Departure
Record, Temporary Resident Card, Immigration and Naturalization
Service (INS) receipt in the event of any lost or missing cards listed above;
and
sign a verification consent form.
The HA has the right to deny, terminate or adjust housing assistance if members of any
household are found to be noncitizens with ineligible immigration status; however, this
determination will not take place until all appeal rights requested have been exercised by the
household. The HA may grant time extensions to provide appropriate information, provided
that the household shows a diligent effort in obtaining immigration status documents.
The HA may not make assistance available to a family applying for assistance until at least
the eligibility of one family member has been established, and assistance must be prorated
based on the number of individuals in the family for whom eligibility has been affirmatively
established.
The HA may not delay, deny, reduce or terminate eligibility of an individual for assistance
on the basis of the immigration status of the individual. The family will not be penalized for
delays on the part of those entities which must verify eligible immigration status.
Continued assistance provided to an eligible mixed family after will be
prorated based on the percentage of family members that are eligible for assistance.
The HA is required to suspend assistance to a family for a period of at least 24 months upon
determining that the family has knowingly permitted an ineligible individual to reside on a
permanent basis in the family's unit. This provision does not apply if the ineligible
individual has already been considered in calculating any proration of assistance for the
family.
If the HA discovers that citizenship information provided is expired, fraudulent, or otherwise
invalid, it will notify the family or individual of the results of these findings. The family or
individual will then have 30 days from the date of the notification to file an appeal with the
INS to correct the problem. The family or individual must provide the Housing Authority a
copy of the appeal request to the INS, which will become a permanent item in the tenant file.
The HA can extend this 30 day appeal period at its sole discretion if good cause is found.
Any applicant or participant family affected by these provisions has the right to an informal
hearing provided the family notifies the HA within 30 days of the action or decision the
family wishes to appeal. All appeals will be conducted in accordance with the provisions of
the HA's Informal Hearing Procedures set out in Section XII, Paragraph F, herein.
In accordance with Federal rules, mixed families who were participants in the HA's Section 8
program on , are permitted to receive continued assistance
provided that either the head of household or spouse have eligible immigration status and any
ineligible family members are either the head, spouse, parents, or children of the head or
spouse.
Section 8 Administrative Plan
I0. Families who were participants in the HA's Section 8 program on
but became ineligible for housing assistance because there are no family members with
eligible immigration status may be given a temporary deferral of termination assistance to
transfer to other housing at the discretion of the Housing Authority. If the temporary
assistance is provided, it will be offered in six month increments and never for longer than a
total of 18 months. The maximum period for deferrals will be three years.
11. Families that no longer qualify for housing assistance due to their citizenship status may
apply for prorated assistance to decrease the level of housing assistance provided to the
household based on the ratio of eligible and ineligible persons in the household.
12. Rental housing assistance is prohibited to noncitizen students and their families. None of the
provisions of the rules related to prorated assistance, continued assistance, or temporary
deferral of termination of assistance applies to noncitizen students. This prohibition does not
include citizen spouses and their children.
E. Special Eligibility Provisions Relating to Applicants Requiring a Live-In Aide
(24 CFR 5.403, 5.609(c)(5))
1. Some applicants and participants who would not otherwise be able to fully discharge the
responsibilities of tenancy may be able to do so with the assistance of a live-in aide residing
in the unit.
A Family may include a live-in aide who:
a. Has been verified by the HA to be essential to the care and well being of the elderly,
handicapped or disabled family member; and
b. Is not obligated for the support of the elderly, handicapped or disabled member; and
c. Would not be living in the unit except to provide care of the elderly, handicapped or
disabled member; and
d. Has income but will not be counted for purposes of determining eligibility or rent; and
e. May not be considered the remaining member of the Tenant family.
A live-in aide's family members may also reside in the unit provided it does not increase the
subsidy by the cost of an additional bedroom and provided that the presence ofthe live-in's family
members do not overcrowd the unit.
F. Additional Eligibility Factors
An applicant may be denied assistance by HA for the following reasons: (24 CFR 982.552)
1. If any family member has ever been evicted from public housing.
2. If an HA has ever terminated Section 8 assistance for any member of the family.
3. If the family has engaged in or threatened abusive or violent behavior toward HA personnel.
4. If any family member refuses to sign and submit mandatory consent forms shall be denied.
(982.552(d))
5. If evidence of citizenship and eligible immigration status is not submitted by a specified
date, or by the expiration of any extension granted.
7
Section 8 Administrative Plan
If INS primary and secondary verification does not verify eligible immigration status of at
least one family member.
If the family has not reimbursed any housing authority for amounts paid to an owner under a
HAP Contract for rent, damages to the unit, or other amounts owed by the family under the
lease.
If any member of the family commits drug-related criminal activity, the family may not
reapply for three years from the date of the activity. (24 CFR 982.553)
Section 8 Administrative Plan
SECTION III
APPLICATION FOR ADMISSION
A. Introduction.
The HA will accept applications for the Section 8 Programs when the waiting list is open.
Interested persons may apply for participation in the HA's Section 8 programs by completing a
brief application form. Anyone may apply; the HA will not deny anyone the right to submit a
application when the waiting list is open. All applications will be time and date stamped upon
receipt.
All applicant households will be offered the opportunity to apply for public housing, if the waiting
list is open.
Each applicant is responsible for informing the Housing Authority if the family's address or phone
number changes or if there are any changes in the members of the household. Failure to do so may
result in an application being withdrawn from the waiting list. Inability of Housing Authority to
contact family will result in withdrawal.
B. Program Outreach
1. Outreach to Families
The HA reserves the right to open or close the waiting list based on the supply of applicants.
The waiting list may be closed when there are not enough Section 8 subsidies to assist all the
applicants in a reasonable period of time, such as one or two years. When the HA
determines that additional applicants are needed, the waiting list will be reopened. The
Authority will publicly advertise the closing and reopening of application intake periods in
local newspapers. (24 CFR 982.206)
All notices and advertising announcing the opening of the waiting list will include:
the dates the list will be open;
the office hours and location where applications are available and will be accepted;
the availability of Section 8 assistance;
eligibility guidelines;
preferences for the selection of applicants; and
any limitations which may apply.
Outreach to Property Owners.
Outreach to property owners will be provided to interested property owners to increase the
number of units available in low-poverty areas. The HA will provide program information to
local realtors, agents, apartment associations and any interested landlords. HA staff will be
available to make presentations about the Section 8 Program to these groups. In addition,
printed materials which describe the program requirements and opportunities for property
owners will be made available. The HA maintains a list of interested property owners and
units available for the Section 8 Program. As inquiries from prospective new property
owners are received, staff record the necessary information about units and make it available
to prospective tenants upon request.
Section 8 Administrative Plan
The HA will make an effort to contact and encourage local property owners with units
specially designed or adapted for persons with disabilities, and those who may be willing to
adapt units, to participate in the program. (24 CFR 982.54)
C. Applications
1. Receipt of Applications.
Completed applications must be submitted in person or by mail to:
Iowa City Housing Authority
23 South Gilbert Street
Iowa City, IA 52240
The date and time of receipt of the application will determine position on the waiting list,
except that applicants eligible for a local preference are placed ahead of others as explained
in Section IV. A., Order of Selection from the Waiting List.
2. Processing of Applications.
b,
Completion of Application: It is the responsibility of the applicant to accurately and
completely fill out the application. If an incomplete application is received, HA staff
will make reasonable efforts to contact the applicant and inform him/her of the
additional information required. If those efforts fail, the application will be
withdrawn. Reasonable efforts shall not exceed one letter. A record of those efforts
shall be maintained with the application.
Notification of Status: Information provided by 'the applicant on the application will be
reviewed to determine if the applicant appears to be eligible. If the applicant
household appears to meet the Very Low Income Limit as established by HUD for the
Iowa City MSA, (IA) area (except, in the limited circumstances in which a Low
Income family is eligible, described above) and submits the required declarations for
Social Security numbers and citizenship/eligible immigration status, the application
will be approved provisionally based on the information provided by the family and the
family will be placed on the waiting list.
(i)
Each applicant determined ineligible for Section 8 and denied' placement on the
waiting list, shall be notified in writing of the reason for his/her ineligibility and
of his/her right to request, within 10 business days, an Informal Review to
discuss the Section 8 ineligibility determination. The review is to be held by an
impartial hearing officer. Any applicant determined eligible after the submission
of additional information or through an Informal Hearing shall be placed on the
waiting list according to the date and time of the original application.
Waiting List Update: (24 CFR 982.204, 205) In the interest of maintaining an
accurate waiting list of apparently eligible households, the HA will periodically mail
requests to each applicant for updated household information. Each applicant will be
required to respond within a special time frame which shall be stated in the mailed
information from the date the request was mailed to the applicant by the HA. The
application of any household which fails to respond to the update request by the
specified deadline date will be withdrawn. Once an application is withdrawn, it may
not be reactivated. To be considered for admission, the applicant will be required to
reapply.
10
Section 8 Administrative Plan
An applicant may withdraw his/her application at any time. However, a withdrawn
application cannot be reactivated. An applicant who has withdrawn an. application will
be required to reapply.
D. Verification of Preference
Each applicant will be provided with a description of the HA preferences and will be required to
certify at the time of application whether the household qualifies for a preference. Placement on
and selection from the waiting list will be based on applicant certification. However, before an
applicant can receive Section 8 Program Assistance, the HA must have verified the preferences
claimed. If the claimed preference(s) cannot be verified, the applicant will be returned to the
waiting list based on the date and time of application but without the preference claimed. (See
also Section IV, Applicant Selection.)
E. Final Eligibility Determination
Formal Eligibility Packet. When staff estimate that a Section 8 assistance will be available
within the next several months, applicants will be sent an eligibility packet to complete, after
which program eligibility will be determined and preference will be verified.
Verification of Eligibility and Preference Status. Each applicant household shall be required
to provide all information and authorizations necessary to enable Section 8 staff to determine
program eligibility and to verify the applicant's qualification for preference status.
Verification shall be from third party sources as required by HUD definition. All
verifications must be completed before the family can be issued Section 8 Program
assistance.
a,
Each applicant household shall attend a Section 8 briefing. If the applicant fails to
attend the scheduled briefing, the applicant's file may be withdrawn and the applicant
will be required to reapply.
b. The Authority shall require the applicant to:
(i)
Provide verification of income, assets, exclusions and deductions from income;
and preferences claimed;
(ii) Provide verification of family size, age and relationships;
(iii) Provide medical statement of disability;
(iv) Disclose the Social Security Numbers of all family members six (6) years of age
and older;
(v) Provide certification and/or documentation regarding U.S. citizenship/non-
citizenship.
The applicant is required to make available all pertinent information at his/her disposal
to assist the Authority staff in verifying eligibility information and to authorize the
release of information to the Authority when necessary. However, the applicant shall
not be penalized either by denial or unreasonable delay of assistance solely because
third party sources have failed to respond to requests for information. When the
applicant and the Authority have made all reasonable efforts to obtain information and
the third party source has failed to respond, the Authority shall proceed with the
processing of the application using the best available information.
11
Section 8 Administrative Plan
d,
All information relative to income for eligibility, assets, family composition,
preference and non-citizen status will be verified and current for applicants within 60
days prior to issuance of a certificate or voucher and verified and current for
participants within 120 days for participants being recertified; all verified findings will
be recorded in the applicant/tenant file.
To determine family composition, bedroom size required and eligibility for
allowances, all applicants will be required to submit original birth certificates for all
household members. If a birth certificate is not available, a copy of a numident from
the Social Security office will be accepted.
Third Party Verification. (24 CFR 982.516(a)(2)) A release of information for verification
of income (and other information) will be sent through the mail directly to the source. The
HUD required method of verification is third party verification, and is the only method
which can be sought.
If, after 10 days, the verification has not returned to the HA, a second request will be sent. If
an unusual circumstance prevents this method, then, the tenant file must be documented why
third party verification was not available.
F. Informal Review (24 CFR 982.554)
Any applicant determined ineligible for Section 8 program participation as a result of the
verification process will be informed in writing of the reason for the determination. The notice
will provide the applicant the opportunity to request an Informal Review to discuss the
determination. The applicant must submit in writing, within 10 business days of date of the
ineligible notification, a request for an Informal Review.
SeeAppendix 4.
12
Section 8 Administrative Plan
SECTION IV
APPLICANT SELECTION
A,
Order Of Selection from the Waiting List
All otherwise eligible applicants will be assigned to the waiting list according to date and time of
application and preference status determined as follows: (24 CFR 982.207)
Local Homeless Preference. An applicant qualifies for this preference if homeless at the
time of application and at the date of eligibility. Verification of homeless status is
required from one of the following agencies: Emergency Housing Project, Domestic
Violence Intervention program, Hawkeye Area Community Action Program, and
Successful Living. Other agencies serving the homeless may provide verification upon
approval by the Iowa City Housing Authority.
NOTE: Homeless preference will be denied in circumstances where applicant has
willfully violated the terms of their previous lease.
2. Certification and Verification of Preference Oualification.
At the time of application, information about the homeless preference will be
made available to each applicant. Each applicant will be asked to sign the
certification form from local homeless agencies attesting to the preference
categories for which the applicant believes the household to be eligible. The
application will be placed on the waiting list based on the preference claimed in
the applicant's homeless preference certification.
When the applicant is called in for eligibility determination (see Section III. E.
Final Eligibility Determinations) the applicant's preference qualifications will be
verified. If qualification for preference cannot be verified, the application will
be returned to the waiting list according to the original date and time of the
application but without preference status.
If it is determined that an applicant does not meet the criteria to qualify for
preference status, the HA shall provide written notice of that determination
stating the reason for the determination and informing the applicant of his/her
right to request an informal review.
Special Admissions (24 CFR 982.203)
Some family applicants will be admitted to the HA's Section 8 Program without ever
being on the waiting list or without considering the applicant's place on the waiting list.
This may occur when HUD has awarded funding to the HA for a targeted group of
households living in specified units. This HUD-targeted funding may include (but is not
limited to):
Families displaced because of demolition or disposition of a public or Indian
housing project;
Families residing in a multifamily rental housing project when HUD sells,
forecloses or demolishes the project;
13
Section 8 Administrative Plan
Housing covered by the Low Income Preservation and Resident Homeownership
Act of 1990;
d,
Nonpurchasing families residing in a project subject to a homeownership
program;
e,
Families displaced because of a HUD mortgage prepayment or voluntary
termination of a mortgage insurance contract;
f,
Families residing in a project covered by a project-based Section 8 HAP contract
at or near the end of the HAP contract term; and,
g. Nonpurchasing families residing in a HOPE 1 or HOPE 2 project.
Applicant Choice of Type of Housing Assistance
The applicant will be provided the opportunity to choose the type of Housing Assistance (either
Certificate or Voucher) to be issued. If an applicant rejects the form of assistance offered, the
applicant will remain at the top of the waiting list until the desired form of assistance is available.
If an applicant rejects both forms of assistance offered, the applicant's name will be removed
' from the waiting list and the applicant will have to re-apply.
14
Section 8 Administrative Plan
SECTION V
INCOME, ASSETS, AND ALLOWANCES
Income (24 CFR Part 5.609, Subpart F)
Annual income is the gross income anticipated to be received by all adult members of the family
even if temporarily absent during the 12 months following the effective date of admission or
reexamination. (See Definition of Annual Income in Appendix 1) Annual Income will be used
to determine an applicant's initial eligibility. It will also be used to calculate the participant's
Total Tenant Payment for initial and continued program participation.
1. Computation of Annual Income.
Use current family circumstances to anticipate income, unless the verification
indicates an imminent change.
Annualized all income, including income that may not last the full 12 months
(such as unemployment benefits). When circumstances change, an interim
reexamination may be processed. Converting income to an annual figure may be
achieved by (i) annualizing current income or (ii) averaging known sources of
income that vary to compute an annual income.
2. Calculation Examples.
a. Regular Employment:
(i)
Hourly wages times number of hours worked per year. (2080 hours for
full-time employment with a 40 hour week and no overtime.)
(ii) Weekly wages times 52.
(iii) Bi-weekly wages times 26.
(iv) Semi-monthly wages times 24.
(v) Monthly wages times 12.
(vi) Tips: Average tips per week x 52 = average annual tips.
(vii)
Overtime: Average overtime hours per week x overtime rate x 52 =
annual overtime.
Non-Regular Employment: Includes employment where wages, hours, and
employers worked for are flexible and no business related deductions are
claimed. In general, this category applies to those types of employment which
do not readily fit in the regular employment category. For example, a person
who does yard work for the same employer, same wage, same number of hours
per period could and should be verified under the procedures for regular
employment. However, if the client's wages, employers, and hours change
frequently, their employment would be considered non-regular.
C4
Section 8 Administrative Plan
(i) Verification: One of the following:
· Printout from Workforce Development showing previous earned
wages.
· Copies of previous pay stubs (minimum of 4 weeks).
· Tax returns
· Self-declaration
· Other documentation as deemed necessary by HA.
(a) Type of work or services performed
(b) Average amount of income earned per month
(c) Signature of client and date prepared
(ii)
Calculation: Average monthly income times 12 = annual income from
non-regular employment.
Public Assistance: (Includes but not limited to AFDC, General Assistance,
Supplemental Security Benefits, and Unemployment Compensation.)
(i) Calculation:
(a)
(b)
Monthly Benefit x 12 = annual benefit
Overpayments: In the case of benefits where a previous
overpayment is currently being deducted the gross amount of the
benefit minus the deduction for repayment shall be used.
Pension/Social Security: Includes Social Security Benefits, Veterans Benefits,
Pension Retirement and Annuity Benefits.
(i) Calculation:
(a)
(b)
Monthly benefit x 12 = annual benefit
Overpayments: In the case of benefits where a previous
overpayment is currently being deducted, the gross amount of
the benefit minus the deduction for repayment shall be used.
Child Support, Alimony, and Support Payments Made by Other Individuals:
Includes regular payments made by a parent for the support of a minor child
residing in the household, regular payments made by relatives, friends, or other
persons to the family, or on behalf of the family for basic rent and utilities.
(i) Calculation:
(a)
(b)
Amount of payment x frequency = annual support income
Frequency = Monthly (12)
Weekly (52)
semi-monthly (24)
bi-weekly (26)
16
Section 8 Adntinistrative Plan
Lump-Sum Payments: Generally lump-sum amounts received by a family are
considered assets, not income, i.e., inheritance, insurance, settlements, proceeds
from the sale of property, etc. Deferred payments made because of a delay in
processing a periodic payment such as unemployment, welfare benefits, etc.,
must be counted as income. Lump sum payments caused by delays in processing
periodic payments for Social Security or SSI, are not counted as income. If an
interim reexamination was not conducted to reduce the Total Tenant Payment,
any lump sum amounts received by the family will be treated as an asset. The
following example will apply only if an interim reexamination to reduce the
Total Tenant Payment is conducted.
(i)
Example: Family member loses her job on October 10, 1997.
Unemployment benefits are delayed. On December 10, 1997, family
received a lump-sum payment of $600 for October 21, 1997 through
December 7, 1997. Beginning December 8, 1997, the family receives
$i00 per week in unemployment benefits.
(a)
(b)
{C)
Family requests and receives an interim reexamination. The
interim reexamination reduces the family's Total Tenant
Payment and is effective November 1, 1997, and annual income
is computed as shown below. Income is annualized even though
unemployment income is not expected to last the full twelve
months and family is reminded to come in for an interim when
circumstances change.
Any amounts deducted from lump sum payments for attomey's
fees shall be deducted from the lump sum amount which is
counted as income.
Any lump sum amounts, counted as income, shall be included as
income for the entire year (until the next annual reexamination),
or for 12 months, whichever is greater.
(ii) Calculation:
(a)
$600 (Lump-sum payment) plus $5,200 ($100/week
unemployment) -- annual income from unemployment.
B. Assets (24 CFR 5.609(b)(2), and (3))
Family assets include interest, dividends, and any other net income of any kind from real or
personal property, to include any assets disposed of at less than fair market value within the last
two years.
1. Total Value of Assets Calculation.
Savings and Checking Accounts, Certificates of Deposit, IRA and KEOGH
Accounts.' Account balance or certificate of deposit value = total asset value of
savings and checking accounts/certificates of deposit, IRA and KEOGH
accoullts.
b. Stocks: Number of shares x current per share value = total asset value of stocks.
c. Bonds: Cash value of bond x number of bonds = total asset value of bonds.
17
Section 8 Administrative Plan
Notes and Mortgages Held.' Principal amount remaining = total asset value of
notes and mortgages held.
e. Trusts:
(i) If trust is irrevocable, it is not counted as an asset.
(ii) If trust is revocable, current amount of trust = total value of trust.
Real Property Owned: Current market value minus amount owed (if any) = total
asset value of real property owned.
Income from Assets Calculation.
ao
Savings and Checking Accounts, Certificates of Deposit, IRA and KEOGH
Accounts: Account balance x interest rate = annual income from
savings/certificates of deposit, IRA and KEOGH accounts.
bo
Stocks: Amount of dividends paid x frequency of payment = annual dividend
income.
Co
Notes and Mortgages Held.' Interest portion of the payment x frequency of
payment = annual note or mortgage income. (Repayment of principal is not
considered income.)
d. Trusts: Use of amount of annual proceeds as determined through verification.
e. Real Property Owned (if property is income producing):
(i)
If income tax return for property is available, use the amount of net
annual income from tax return.
(ii)
If no income tax return is available, only the following deductions will
be allowed:
(a)
(b)
Amount of payments received x frequency of payment = gross
annual income, then
If balance owed on property, amount of interest portion of
payments made x frequency of payment = annual interest
deduction.
Assets Disposed off' Assets disposed of for less than fair market value during the
two years preceding effective date of certification or recertification are included
as assets. Cash value of the asset, the amount the family would receive if the
asset were converted to cash, must be used. Cash value is market value minus
reasonable costs that were or would be incurred in selling or converting the asset
to cash. Expenses which may be deducted include the following:
(i) Penalties for withdrawing funds before maturity
(ii) Brokers/legal fees assessed to sell or convert the asset to cash
(iii) Settlement cost for real estate transactions
18
Section 8 Administrative Plan
If the fair market value exceeds the gross. amount the family received by
more than $1,000 count the whole difference between the cash value and
the amounts received. If the difference is less than $1,000, ignore it.
Assets disposed of for less than fair market value, as a result of a
foreclosure, bankruptcy, divorce or separation, are not counted.
Assets put into trust or business assets disposed of for less than fair
market value are counted.
(a) Calculation:
Include the difference between cash value and the amount
received for any asset disposed of at less than fair market value
within the last two years. (Cash value = the fair market value
less reasonable costs.)
(b) Calculating Income from Assets:
Cash Value Actual Income
Type of Asset Per Year from Asset
Checking Account 300 0
Savings Account 2,000 115
Certificates of Deposit 10,000 988
Rental Property 15,000 0
TOTALS $27,300 $1,101
Since total assets exceed $5,000, imputed income must be
calculated:
Total Assets multiplied by the passbook rate established by the
HA's HUD field office.
Overall Asset Calculation. To determine what amount to use for assets in the overall
calculation of total annual income for both rent and eligibility, use the following
calculations:
a. Add total value of all assets = total asset value
b. Add total income from all assets = total asset income
If total asset value is less than $5,000, use total asset income in determining total
annual income
d. If total asset value is $5,000, or more, use the larger of the following:
(i)
total asset value multiplied by the passbook rate established by the HA's
HUD field office.
(ii) total asset income.
19
Asset Verification Guide.
a.
b,
Section 8 Administrative Plan
Savings and Checking Accounts, Certificates of Deposit, IRA and KEOGH
Accounts: Statement from the financial institution containing the following:
(i) date prepared
(ii) account number
(iii) account balance
(iv) interest rate (if the rate is variable, statement must give current
applicable rate)
(v) name of the account holder(s)
(vi) signature of authorized person
Stocks: A statement from a broker or a statement from the issuing corporation
containing the following information:
(i) date prepared
(ii) account number
(iii) number of shares
(iv) current per share value or current total value of shares
(v) amount of dividends earned
(vi) frequency of payment of dividends
(vii) name(s) of shareholders
(viii) if a statement from broker, authorized signature
Bonds: A copy of the face of the bond showing the following information:
(i) face value
(ii) maturity date
(iii) interest rate (if any).
(iv) type of bond
Trusts: Client must provide a copy of the trust document or a statement from the
trust officer containing the following information:
(i) amount of trust
(ii) type of trust (revocable or irrevocable)
2O
Section 8 Administrative Plan
(iii)
(iv)
(v)
NOTE:
annual proceeds of trust
beneficiary of trust
if statement from trust officer
(a) date prepared
(b) authorized signature
Due to type of verification required, the following forms of verification shall be
provided by the client.
Notes and Mortgages Held: (This is where the client receives payments.)
client must provide a copy of the note or mortgage containing the following
information:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Real Property Owned:
(i)
date of transaction
amount of transaction
balance owing
amount of payments reflecting the distribution between principal and
interest (repayment of principal amount is not considered income)
frequency of payments
interest rate
name of person(s) holding the note of mortgage
(Includes Mobile Homes):
(ii)
(iii)
(iv)
The
Client must provide a current appraisal, current tax appraisal or current
market analysis prepared by a licensed real estate agent, broker, or
mobile home dealer containing the following information:
(a)
(b)
(c)
date prepared
current market value of the property
authorized signature
Copy of the deed or other title instrument showing the name(s) of the
owner(s).
If property is mortgaged, a statement from mortgagor(s) showing:
(a)
(b)
(C)
balance
amount of payments reflecting distribution between interest and
principal
frequency of payments
For income-producing property:
(a)
Copy of lease or rental agreements containing the following
information:
21
Section 8 Administrative Plan
terlll
amount of payments
frequency of payment
(b)
Copy of rental income schedule from income tax return or copy
of property tax statement. This information will be used to
determine allowable expenses.
Allowances (24 CFR 5.611)
The following allowances are amounts, as applicable, to be subtracted from the annual income to
determine the adjusted income.
Dependent Allowance. A $480 deduction for any family member (excluding foster
children, head of household, or spouse) who qualifies as one of the following:
a. Under 18 (Even if they have children of their own), or
b. Handicapped or disabled, or
A full-time student. (The regulations clarify that an educational institution
includes a vocational school with a diploma or certificate program, as well as an
institution offering a college degree.
,
Elderly Household Allowance. A $400 deduction for families in which the head of
household or spouse/co-head is at least 62, handicapped, or disabled. Only one
deduction per family is permitted even if both the head of household and spouse are
elderly.
,
Child Care Allowance. Any reasonable child care related expense billed by a care
facility or private individual providing child care (only those amounts not reimbursed by
an agency or individual outside the family can be counted). This deduction applies to
expenses relating to the care of any children under the age of 13 residing with the family.
Such care must be NECESSARY for a family member to be gainfully employed, to
actively search for employment or to further his/her education. Child care for the
convenience of the family is not an allowable expense. For example, if there is an adult
family member, who is capable and available to provide child care residing with the
family, who chooses not to care for the child, child care expenses are not deductible.
The deduction for child care expenses may not exceed the amount of income earned.
4. Handicap Assistance Allowance.
Anticipated expenses for attendant care and auxiliary apparatus for a
handicapped family member may be deducted if such expenses:
(i)
are needed to enable a family member (including the handicapped
member) to be employed, and
(ii) exceed three percent of annual income, and
(ii)
the amount exceeding three percent does not exceed the earned income
of the household member enabled to work.
22
Section 8 Administrative Plan
Any family with a handicapped or disabled family member may qualify for this
allowance even if neither the head of household nor spouse is handicapped or
disabled.
C,
Auxiliary apparatus includes items such as wheelchairs, ramps, adaptations to
vehicles, special equipment to enable a blind person to read or type, etc., which
directly relates to permitting the handicapped person or other family member to
work.
(i) Example
Head 36 Earned Income $12,000
Son 15 Handicapped
Handicapped Expenses for care of handicapped son $3,500
Handicapped Assistance Allowance:
Annual Income $22,000
x.03
.3% of Annual Income $ 660
Total Handicap Assistance
Expense
$ 3,500
660
Allowable
Handicap Expense $ 2,840
(Note: $2,840 allowable expense is not greater than amount earned by
head of household who is enabled to work.)
d,
When a care provider takes care of children under the age of 13 and a
handicapped/disabled member 13 or older, expenses must be prorated
appropriately since the way in which child care and handicap assistance
expenses are computed differ.
eo
A family, whose head of household or spouse is elderly, handicapped, or
disabled, is also permitted to deduct medical expenses. If a family has both
handicap assistance and medical expenses, a special calculation is required.
5. Medical Expense Allowance.
Medical expense deductions are allowed only for families where the head of household
or spouse/co-head is at least 62, handicapped or disabled. If the family is eligible for a
medical expense deduction:
a. Count medical expenses of all family members, and,
Include expenses that are not covered by insurance or other sources and that are
anticipated to be incurred during the 12 months following the family's
examination/reexamination, such as:
(i) Services of doctors and health care professionals
23
24
d,
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
Section 8 Administrative Plan
Services of health care facilities
Medical insurance premiums
Prescription/non-prescription medicines
Transportation to and from treatment facilities
Dental expenses
Eyeglasses, hearing aids, batteries
Live-in attendant or periodic medical assistance
Monthly payment(s) on accumulated medical bills
Medical care of a permanently confined family member if his/her
income is included in annual income.
Allow only that portion of the total medical expenses which exceeds three
Head of Household 64
Spouse 63
Annual Income
Total Medical Expenses
Annual Income
3% of Annual Income
$12,000
$1,500
12,000
x .03
36O
percent of annual income:
(i) Example
If an elderly family has
calculation is required.
(i)
Total Expenses
Minus 3% of Annual Income
Allowable Medical Expense
$1,500
-360
$1,140
both handicap assistance and medical expenses a special
The HA will follow steps outlined by form HUD 50058.
Example 1: Family has $1,000 in medical expenses and $500 in
expenses for handicap assistance. Annual income is $20,000. $4,000 of
annual income is earned because it enables a family member to work.
Three percent of annual income is $600.
Total Handicap Assistance Expense
Minus 3% of Annual Income
$500
$6oo
(loo)
Handicap Allowance
0oo
Total Medical Expense
Minus: Balance of 3% of Annual Income
$1,0oo
$ -100
Allowable Medical Expense:
$ 900
Section 8 Administrative Plan
(ii)
Example 2: Family has $2,000 in medical expenses and $3,500 in
expenses for handicap assistance. Annual income is $20,000. $2,400 of
annual income is earned because the handicap assistance enables a
family member to work. Three percent of annual income is $600.
Total Handicap Assistance Expense
Minus 3% of Annual Income
Maximum Allowance for
Handicap Assistance
(cannot exceed income generated)
$3,500 -600
$2,900
$2,400
Total Medical Expense
$2,000
Allowable Medical Expense
(Entire 3% was deducted to compute
the handicap allowance)
$2,000
SECTION VI
COMPUTING TOTAL TENANT PAYMENT
AND TENANT RENT
Section 8 Administrative Plan
Ao
Calculation of Total Tenant Payment (TTP) and Housing Assistance Payment (HAP)
Maximum Subsidy
The HA will compute Annual and Adjusted Income and Total Tenant Payment in accordance
with 24 CFR §§5.603, 5.609, 5.613.
1. Section 8 Certificate.
Section 8 Certificate, Program Total Tenant Payment will be calculated (using the
definitions of annual income and adjustments as defined in 24 CFR 5.603, and 5.609) as
the greater of:
a. 30% of the family's adjusted monthly income,
b. 10% of the gross monthly family income, or
c. Minimum rent of $50.00.
Any allowance for utilities will be deducted from the Total Tenant Payment to determine
the Tenant Rent. Where the Utility Allowance exceeds the Total Tenant Payment, the
tenant will pay $0 rent and the difference between the utility allowance and the Total
Tenant Payment will be issued to the tenant as a Utility Reimbursement for use towards
utilities.
The Housing Assistance Payment paid by the HA will be the difference between the
Contract Rent to the owner and the Tenant Rent (plus any Utility Reimbursement).
2. Section 8 Voucher Program.
Under the Voucher program, the Tenant Rent will vary based upon the Total Tenant
Payment and the Contract Rent and its relationship to the Payment Standards.
At the time of the briefing, the HA's Maximum Subsidy Payment is calculated. The
Maximum Subsidy is the difference between the HA's applicable Payment Standard for
the unit size issued and 30% of the family's adjusted income (defined in 24 CFR 5.603
and 5.609). This is the maximum that the HA will pay as subsidy for the household.
Once the unit is selected, the family's portion of the rent is calculated as the difference
between the gross rent (Contract Rent plus utilities) and the appropriate Payment
Standard. The appropriate Payment Standard is the lesser of the standard for the unit
size issued, or the unit size selected. The tenant's portion may be more or less than 30%
of the family's monthly adjusted income depending on the total rent of the unit selected
by the family, except that the family may never pay less than the greater of 10% of
monthly gross family income or $50.00.
Tenants may never pay more than 40% of their adjusted income for rent and utilities
(Title V H.R. 4194 Sec. 545)
26
Section 8 Administrative Plan
The Housing Assistance Payment will equal the difference between the Payment
Standard and 30% of the family's monthly adjusted income, except that the family must
pay the greater of 10% of gross family income or $50. In that case, the HA will pay the
difference between the Contract Rent and what the tenant pays to the owner as the
Housing Assistance Payment.
B. Utility Allowance
The utility allowance used is based on the actual size of the unit the family selects regardless of
the size authorized on the family's Certificate or Voucher.
As required by 24 CFR 882.214, the Utility Allowance Schedule will be reviewed on an annual
basis and adjusted as needed.
At least annually, the HA shall determine whether there has been a substantial change in utility
rates that were used to calculate allowances. The utility allowance will be adjusted if necessary
to reflect such increases. Such change shall be processed according to federal regulations.
The HA will give tenants a utility allowance for stoves and refrigerators when these appliances
are provided by the tenant. The determination regarding provision of appliances is between the
landlord and the tenant; the HA will not be involved.
C. Payment Standards
At least annually the HA will review and when necessary, revise Payment Standards.
The following factor will be used to analyze the need for an affordability adjustment:
Publication of new FMRs. Payment Standards shall not exceed 110% than the
current HUD published FMR, and not less than 90% of the current HUD
published FMR.
If the Payment Standards need to be increased based on the above analysis, or because
the HUD FMRs change and require a change in the Payment Standards, the HA will
implement the new Payment Standards at the annual reexaminations or when the
household moves or household composition changes. If the Payment Standards decrease,
the HA will implement the new standards whenever a participant family moves or when
the bedroom size, for which the family qualifies, changes.
Section 8 Adtninistrative Plan
SECTION VII
SUBSIDY STANDARDS
The intent of HUD requirements is that the smallest appropriate bedroom size be assigned to participant
families without overcrowding.
A. Bedroom size assil~nments will allow at least one bedroom for each two persons (24 CFR
982.402, 982.401)
* Children of the opposite sex, under the age of 5, will be required to share a bedroom.
* A child who is temporarily away from the home because of placement in foster care is
considered a member of the family in determining the family unit size.
* Two children of the same sex may be required to share a bedroom regardless of age.
* In the case of a participant who shares custody of a child (or children) at least 50% of the
time with a parent or guardian residing outside the household, the child shall be included
when considering bedroom size.
* An infant, under the age of 12 months, may be required to share a bedroom with a parent.
(Not to exceed a two person maximum)
* An unborn child will not be counted in determining subsidy standards.
* A live-in aid will be considered when determining unit size.
* No assignments of bedroom size on a Certificate/Voucher will be made which require
use of the living room for sleeping (although the family may choose to do this).
Using the above guidelines, the following subsidy standards will determine the minimum number
of bedrooms required.
NUMBER OF BEDROOMS
MINIMUM NUMBER OF PERSONS PER UNIT
0 1
1 1
2 2
3 3
4 5
5 7
· The Housing Authority may grant an exception to its established subsidy standards if the HA
determines that the exception is justified by the age, sex, health, handicap, or relationship of family
members or other personal circumstances.
28
Section 8 Administrative Plan
SECTION VIII
ISSUANCE OF SECTION 8 PROGRAM ASSISTANCE AND BRIEFING OF FAMILIES
A. Selection from the Waiting List
Applicants are selected from the waiting list based on date and time application is submitted and
verified qualification for homeless preference.
B. Notification and Response
Once an applicant's program eligibility and qualification for Preference has been verified; the
family's annual income and TTP has been calculated; and the subsidy size has been determined, the
family will be informed, in writing of their eligibility status. All eligible applicants are required to
attend a briefing at which the family will be issued the Certificate/Voucher and will be provided
with an overview of the Section 8 Program. The program briefing may be group or individual.
The HA will brief the applicant on various program differences and issue the applicant a Voucher
or a Certificate, depending upon funding availability.
The applicant may refuse the first type of assistance that is available and offered and retain
his/her position on the waiting list in order to be offered the other type of assistance, (i .e.,
applicant can refuse a Voucher to wait for a Certificate). If the applicant refuses the second
form of assistance when it is offered, the HA shall notify the applicant that their name will be
removed from the waiting list. The applicant can then reapply for assistance the next time
applications are being accepted.
If an applicant fails to appear, without prior explanation to the HA, for two scheduled
appointments to receive a briefing and a Certificate/Voucher, such failure shall result in
removal from the waiting list and the person may reapply provided that applications are
being accepted at that time.
C. Briefings (24 CFR 982.301)
1. Briefing Packets.
a,
At the family briefing, the family will receive a Section 8 Certificate/Housing Voucher
briefing packet which will include explanations of applicant and owner responsibilities
under the programs.
The briefing packet shall contain:
Term of Certificate/Voucher, a description of the HA's Certificate/Voucher
extension or suspension policies and how to request them.
- How HAP is determined.
-- For certificate - information on Fair Market Rent and Utility Allowance
-- For voucher ~ information on Payment Standard and Utility Allowance
- How maximum rent is determined.
3O
Section 8 Administrative Plan
- What family should consider when deciding whether to lease a unit, such as:
unit condition; reasonableness of rent, cost of tenant paid utilities; whether the
unit is energy efficient; and proximity of unit to public transportation,
employment, schools and shopping.
- Where family may lease a unit, including information on portability.
- HUD required "lease addendum".
- Request for Lease Approval and explanation of how to request approval to lease
a unit.
- HA policy on providing information about family to prospective owners.
- The HA's subsidy standards, including any exceptions to these standards.
- HUD brochure on how to select a unit.
- HUD Lead Based Paint brochure.
- Fair Housing Brochure and information, HUD-401 and a Discrimination
Complaint Form HUD-903.
- List of landlords or real estate agents who may be willing to lease a unit or may
be able to help the family locate a unit.
- Notice that if family includes a disabled person they may request a current listing
of available accessible units known to the HA.
o Family Obligations under the Section 8 program.
- Grounds on which the HA may terminate assistance.
- Informal hearing procedures.
o The HA's policy on providing information to owners about a participant's
tenancy history.
- Additional information as determined by the HA.
Briefing Session.
a. The briefing session will be informal with the opportunity for the applicants to ask
questions to ensure that they have an adequate understanding of the program and
procedures to be followed.
b. Briefing session topics will include:
- Description of how the program works.
- Family and owner responsibilities.
Where the family may lease a unit, including renting a dwelling unit inside or
outside the HA's jurisdiction.
Section 8 Administrative Plan
Portability.
Advantages of moving to an area that does not have a high concentration of poor
families.
Description of the Family Self-Sufficiency program and an explanation of how
to apply.
The family will be notified that they must report any changes in family composition
and/or income during the period between issuance of the Certificate/Voucher and
execution of the HAP/Voucher Contract. The HA will follow up as necessary before
execution of lease and contract.
D. Certificate/Voucher Suspensions Extensions (24 CFR 982.303)
1. Suspensions.
The Certificate/Voucher shall expire at the end of 60 days unless within that time the family
submits a Request for Lease Approval (RFLA), at which time a "suspension" may occur.
(The time between the date the RFLA is submitted and the date the HA determines whether
to lease or deny the RFLA is not counted against the Certificate/Voucher time limit.)
2. Extensions.
If a Certificate/Voucher expires or is about to expire, a family may submit the
Certificate/Voucher to the HA with a written request for an extension. The applicant must
present evidence justifying the extension which is satisfactory to the HA. If the family is
unable to locate a unit due to circumstances beyond the family's control (such as, extreme
illness, death, birth of a child), the HA may issue one or two 30-day extensions not to exceed
a total of 60 days.
SECTION IX
UNIT SELECTION AND APPROVAL
Section 8 Administrative Plan
A. Locating a Unit
It is the responsibility of the Certificate/Voucher holder to locate a unit suitable to the holder's
needs and desires.
The holder of a Certificate/Voucher may select the dwelling unit which the holder already occupies
if the unit meets program qualifications.
Information regarding landlords interested in participating in the program will be offered to the
Certificate/Voucher holder. Certificate/Voucher holders will be encouraged to locate their own
housing, but will also be informed that they should periodically contact the HA staff in order to
report their progress or request any new information regarding available units. Owners who have
committed "fraud, bribery or any other corrupt or criminal act" in connection with a federal
housing program may be denied.
Staff will provide a list of accessible units known to the HA and assistance in locating a dwelling
unit to those families who, because of age or disability, are unable to find suitable units.
To those applicants reporting apparent discrimination, assistance will be provided in preparing the
required HUD Discrimination Complaint Form and in locating available housing elsewhere.
If a Certificate/Voucher holder elects to move to a different jurisdiction, they must follow HUD's
portability guidelines.
B. Portability (24 CFR 982.353, 354, 355)
Portability is the ability of a family issued a Certificate/Voucher, to move anywhere within the
State of Iowa or anywhere in the United States where a tenant-based program is administered.
If neither household head or spouse had a legal residence in the jurisdiction of the HA at the time
of application, the family must lease a unit in the HA jurisdiction for one year before becoming
eligible for portability.
If a family's initial lease is outside the jurisdiction of the HA, they must be income eligible for the
area in which they will lease.
The receiving HA may offer to absorb families from another HA into their local
Certificate/Voucher Program, according to availability and eligibility.
The amount of housing assistance shall be based on the applicable Payment Standard in effect at
the receiving HA at the time the Certificate/Voucher is received.
The receiving HA will promptly notify the initial HA if the family has submitted a Request for
Lease Approval, whether they will absorb or administer the Certificate/Voucher, if the family
ceases to be a current participant in the initial HA's Certificate/Voucher Program, or has requested
to move to another HA jurisdiction.
The receiving HA will perform all functions normally associated with providing assistance to a
family in the Certificate/Voucher Program, including determining unit size, lease approval, annual
reexamination of income, annual inspection of the unit to meet Housing Quality Standards, and
32
Section 8 Administrative Plan
executing the HAP Contract. If the receiving HA does not absorb the family into it's program, they
will bill the initial HA for the Housing Assistance Payment on behalf of the family. The receiving
HA will be eligible to receive 80% of administrative fees, and all hard-to-house fees associated
with the portable Certificate/Voucher being administered. The initial and receiving HAs must
comply with financial procedures and billing and payment deadlines required by HUD. The first
bill must be sent from the receiving HA to the initial HA within six (6) months from the date the
initial HA issued the certificate/voucher to the family. (PIH Notice 96-54, July 26, 1996)
If the family selects an area where more than one Housing Authority may have jurisdiction, then
the HA may select which Housing Authority in the new area shall be the receiver.
C. Applicant Flexibility on Unit Size Selection
It is emphasized that the unit size listed on the applicant's Certificate or Voucher does not preclude
the family from selecting either a smaller or larger-sized unit provided the following requirements
are met:
1. Larger-Sized Units.
Certificates: The family may select a larger-sized unit provided the gross rent does not
exceed the Fair Market Rent (FMR) limitation for the bedroom size listed on its Certificate.
For example, a 2-bedroom Certificate Holder could select a 3-bedroom unit provided the
gross rent does not exceed the 2-bedroom FMR limitation.
Voucher: The family may select a larger-sized unit than listed on its Voucher. The family
will be required to pay any additional cost for the larger size unit. (The maximum subsidy
will remain based on the Voucher size issued to the family.)
2. Smaller-Sized Units.
The family may select a smaller-sized unit provided there is at least one sleeping room or
living/sleeping room of appropriate size for each two persons in the household. (For
example, a 3-bedroom Certificate Holder with 5 family members could select a 2-bedroom
unit if there would be two bedrooms for four of the members and a living/sleeping room for
the fifth member.) The applicable Fair Market Rent (for certificates) or Payment Standard
(for vouchers) will be that of the smaller unit size.
NOTE:
The Unit size designated on the Certificate/Voucher must remain unchanged, regardless of
the actual unit size selected.
D. Eligible and Ineligible Housing Units (24 CFR 982.352)
1. Eligible Units.
ao
The types of housing units that are eligible for the Certificate/Voucher Programs are:
apartments, single family homes, townhouses, duplexes, fourplexes, mobile homes,
congregate and independent group homes.
Owners of manufactured homes can obtain housing assistance to rent mobile home
pads on the Certificate Program but they are not eligible to receive assistance on the
Voucher Program.
Section 8 Administrative Plan
c. Some units or developments sponsored by the FMHA may be eligible for residency by
a certificate/voucher holder if occupancy does not create a situation of duplicate
subsidy.
2. Ineligible Units.
a. Any Public Housing or Indian Housing unit.
b. Units in which the family is being assisted under other Section 8 subsidy programs.
c. Nursing homes, board and care homes, or facilities providing continual psychiatric,
medical or nursing services.
d. Colleges or other school dormitories.
e. Units on the grounds of penal, reformatory, medical, mental and similar public or
private institutions.
f. Housing owned in whole or in part, by the family to be assisted.
g. Units that are owned by landlords that have been barred from participating in the
program.
h. Units owned by the parent, child, grandparent, grandchild, sister or brother of any
member of the family to be assisted, unless the HA determines that approving the unit
would provide reasonable accommodation for the family to be assisted, a family
member who is a person with disabilities.
Information Provided to Prospective Landlords About Participants (24 CFR 982.307)
The HA must give the following information about program participants to prospective landlords:
a. current address; and
b. if known, name and address of owner of participant's current and prior address.
The HA will inform all property owners interested in participating in the Section 8 Program that
tenant screening for payment and other lease compliance behavior is the owner's responsibility, and
is not performed by the HA.
The HA will offer upon request of the owner any court documents that are already public record in
the HA's possession. The same information will be provided to all families and all owners.
[982.307(b)]
Security Deposits (24 CFR 982.313)
Property owners have the right to request security deposits from Section 8 tenants. Security
deposits collected by owners cannot be in excess of private market practice or in excess of amounts
charged by owners to unassisted tenants.
It is the family's responsibility to pay the security deposit to the owner. The HA will not provide
advances to assist families in meeting security deposits, but will provide assistance by referring the
family to other potential private or public sources.
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Section 8 Administrative Plan
After the family moves from the unit, the owner must treat the deposit in accordance with State
law. (State Code #562A)
For the pre-9/95 Section 8 Certificate/Voucher contracts: If at the time of initial execution of the
lease the owner wishes to collect a security deposit, the maximum amount shall be the greater of
one month's Total Tenant Payment or $50. However, this amount shall not exceed the maximum
amount allowance under Iowa state law--two months' rent.
G. Approval of Property Owner (24 CFR 982.306)
The HA will not approve a unit if any one of the following conditions exists:
The owner is debarred, suspended or subject to a limited denial of participation by HUD
under 24 CFR Part 24.
,
The Federal government has instituted an administrative or judicial action against the owner
for violation of the Fair Housing Act or other Federal equal opportunity requirements and
such action is pending.
If directed by HUD because a court or administrative agency has determined that the owner
has violated the Fair Housing Act or other Federal equal opportunity requirements.
The HA, at its discretion, may deny participation to an owner if any one of the following
conditions exists:
a. The owner has violated obligations under any Section 8 HAP contract;
b,
The HA has obtained documentation that the owner has committed fraud, bribery
or any other corrupt or criminal action in connection with any Federal housing
program;
c. The owner has engaged in drug trafficking;
The owner has a history or practice of non-compliance with the HQS for units
leased under the tenant-based programs, or with applicable housing standards for
units leased with project-based Section 8 assistance or leased under any other
Federal housing program;
The owner has a history or practice of renting units that fail to meet state or local
housing codes; or
f. The owner has not paid state or local real estate taxes, fines or assessments.
The individual circumstances and seriousness of such conditions will be considered prior to
disapproval of an owner.
If the HA determines that the owner is approvable and that the lease does not violate any
program rules, the lease may be approved. If the lease cannot be approved, the owner and
subsidy holder will be notified and provided with the reason and an opportunity to correct
any deficiencies.
H. Approval of Owner's Proposed Lease (24 CFR 982.308)
The HA may adopt a model lease for its Section 8 Certificate and Voucher program and may
encourage owners to use it. However, owners may elect to use their own lease. For any new
tenants leasing on or after October 2, 1995, all leases must include the Section 8 lease
Section 8 Administrative Plan
addendum language verbatim or the owner must sign the HUD lease addendum with the
prospective tenant. If the owner selects his/her own lease, the Certificate/Voucher holder
must submit a copy for review at the time the RFLA is submitted. The HA will review all
leases proposed by property owners to ensure that:
a. The lease includes the lease addendum language verbatim.
b. Utilities which must be paid by the tenant, if any, are specified.
C,
The initial lease term is for at least one year and includes a provision for automatic
renewals for a definite or indefinite length.
Housing Quality Standards Inspections (24 CFR 882.109, 982.401)
1. Inspection Procedures.
When a family selects a unit and submits a Request for Lease Approval, the HA will inspect
the unit for compliance with HQS. HQS used in the operation of the program will be as set
forth in 24 CFR §882.109 (and Subparts J or K, if applicable), or as set forth in specified
HUD-approved variations in the acceptability criteria.
The HA will use an approved HUD Housing Quality Standards (HQS) inspection form. The
inspection form is maintained in the tenant file. Copies may be sent to both the owner and
the tenant on request. In the case of any "fail" items, a reinspection is completed prior to
approval of any lease. In the case of any "inconclusive items," further documentation of the
acceptability of the items will be required, or a reinspection will be completed to confirm
acceptability of the unit.
The various types of inspections include: annual, move-in, move-out, complaint and special.
The HA will inspect each dwelling unit leased to an eligible family at least annually and at
such other times as may be necessary to insure that the owner is maintaining the unit in
accordance with HQS and is providing the agreed upon utilities and other services. The
annual inspection will be performed in conjunction with the annual reexamination of family
circumstances.
The HA encourages that both the owner and tenant are present during inspections. The HA
will send a written notification to the landlord and tenant informing them of the inspection
date and time.
When a unit fails the HQS inspection, the HA will notify the owner of the failed item(s) and
the required time to repair (24 hours for emergency items, 30 days for other non-emergency
items). If the owner fails to take corrective action within the time prescribed in the notice,
the HA may exercise any of its rights or remedies under the contract, including abatement of
Housing Assistance Payments (even if the family continues in occupancy) and termination of
the contract. (See also Section X, E. Rent Abatement and Contract Termination for HQS
Violations.) If the family wishes to be rehoused in another dwelling unit with Section 8
assistance and the HA decides to terminate the Housing Assistance Payments Contract, the
HA shall issue to the family another Certificate/Voucher.
A family's assistance may be terminated if the family has breached its responsibilities under
the program and is responsible for HQS failure for the following reasons: failure to pay for
tenant supplied utilities and services; failure .to provide and maintain tenant-supplied
appliances, or; damages caused by guests or family members.
Section 8 Administrative Plan
The HA will attempt to obtain annually from local health agencies the names and addresses
of children with identified elevated blood levels (EBLs) and match this information with the
names and addresses of participants. If a match occurs, the HA will determine whether local
health officials have tested the unit for lead-based paint. If the unit has lead-based paint the
owner will be required to treat the lead-based paint. If corrective action is not taken the
family will be issued a Certificate/Voucher to move. Copies of the inspection reports will be
kept for a period of three (3) years.
2. OualitV Control Procedures.
In order to ensure that the inspections are adhering to HQS, and are providing consistent
determinations, a random sample of approximately five percent of the approved units are
reinspected by housing supervisory personnel. If inconsistencies are found a larger sample
will be used and additional training provided.
J. Initial Contract Rents
1. Fair Market Rent.
a,
Certificates: (24 CFR 882.106(a)) For the Certificate Program, the Contract Rent plus
utilities must be within the Fair Market Rent (FMR) in effect for the appropriate
bedroom size. FMRs should be taken from the most recently published FMR schedule
published in the Federal Register.
bo
Vouchers: For the Voucher Program, the Contract Rent is not limited by the FMR,
however at no time may the voucher Contract Rent exceed rent that is paid for
comparable, unassisted units. Approval will not be given for a Request for Lease
Approval that would require a participant to pay more than 40% of their adjusted
income for rent and utilities (Title V H.R. 4194 Sec. 545).
2. Rent Reasonableness. (25 CFR 882.106(b))
Rent reasonableness will be determined for both Certificate and Voucher holders at initial
lease up and each annual certification thereafter. Documentation of reasonable rent will be
included in each participant's file. The reasonableness of the rent requested by the owner
will be determined on the basis of:
a. HA market survey information on rents for comparable units in the area;
b. The condition of and amenities in the unit; and
c. The previous rent charged for the dwelling.
The HA will collect and maintain substantial data to determine and support rent
reasonableness for all program rents. Data will be purged and updated regularly by Section 8
staff.
If the HA determines that the amount of rent requested by the owner is not reasonable, a
reasonable rent will be computed, and a counter-offer will be made to the owner. Failure by
the owner to lower the rent will result in disapproval of the unit for the program.
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Section 8 Administrative Plan
SECTION X
HOUSING ASSISTANCE PAYMENTS CONTRACT
HAP
1.
Contract Execution (24 CFR 982.311, 451,452, 454, 455)
Once the owner, lease (if owner elects to use his/her own lease), and unit are approved, and a
reasonable rent negotiated, the HA will enter into a HAP contract.
The HAP contract is a contract between the HA and the owner and provides for the HA to
make monthly payments to the owner for a specific family in a specific unit. The term of the
contract runs concurrently with the lease term. The HAP contract terminates if the lease
terminates. No payments may be made after the family moves out or the lease term ends.
The HA will use HUD's HAP contracts published in September 1995 for all new lease-ups
effective after 10/2/95. HAP contract HUD-52535.1 - .2 will be used for the certificate
program; and HAP contract HUD-52643.1 - .2 will be used for the Voucher program. HAP
contract HUD-52530A will be used for the Section 8 project-based program.
Current owners under the HA's Section 8 program may continue to use the old HAP contract
for current participants until the owner decides to revise the lease, the tenant moves, or the
owner agrees to sign the new contract.
The family is not responsible for the HAP payment and cannot be charged late fees if the HA
pays late. However, the Conforming Rule, effective October 2, 1995, permits a HA to be
charged late fees in accordance with state/local laws. The HA may pay for late fees from
administrative fee income or reserves.
Once the leasing/contract documents are prepared, HA staff upon request will meet with the
owner and family (preferably together) to review documents. (The HA will mail or fax or
deliver the documents to the landlord.) In addition to reviewing the specific terms of the
HAP contract and lease, staff will explain:
Owner requirements to maintain the unit, allow inspections, and inform the HA if the
tenant vacates without notice.
b,
Tenant requirements to pay rent, maintain the unit, allow inspections, cooperate with
the HA's recertification requirements, and notify the HA when the family wishes to
move.
The HA will make their best effort to sign all HAP contracts before lease terms start and will
ensure that all contracts are executed within 60 days after the beginning of the lease term.
a,
If the HAP contract was signed within the 60 day period after the lease term started,
housing assistance payments may be made retroactive to the beginning of the lease
term.
If the HAP contract was executed more than 60 days following the beginning of the
lease term, the contract is void and no housing assistance payments may be made to the
owllet.
A new HAP contract will be required for new and revised leases. Changing the security
deposit, family members, utilities furnished by owner, or acceptability of pets will require
execution of a new HAP contract.
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Section 8 Administrative Plan
Payments to Owners (24 CFR 982.311)
Housing Assistance Payment, (the difference between the contract rent and the portion of the rent
payable by the family) shall be paid to the owner in accordance with the contract.
No payments will be made on behalf of an assisted family until the lease and the Housing
Assistance Payments Contract have been signed by all appropriate parties.
The HA will maintain an internal control system which will ensure the accurate posting and
· tracking of Housing Assistance Payments to owners.
Contract Rent Adjustments - Certificate Program (24 CFR 882.108)
1. Before the initial contract is executed, owners are informed of program regulations regarding
both annual adjustments and special adjustments. They are also made aware of the HA's
review process regarding contract rent adjustments.
a. Upon receipt of an owner's request for an Annual Rent Adjustment, the following will
be reviewed:
(i) The limitation of the appropriate Annual Adjustment Factor.
(ii) The timeliness of the owner's request.
(iii) The current Housing Quality Standards inspection.
(iv) The reasonableness of the requested rent in respect to property improvements
completed.
(v) Ongoing property maintenance.
For the Certificate Program, any adjustment cannot exceed the amount determined to
be reasonable under rent reasonableness comparability. Authorization is required for
all rent increases. The HA must implement annual contract rent increases effective the
later of:
(i) the anniversary date of the HAP contract, or
(ii) the first day of the month following the owner's request for an increase.
b. Annual Adjustment to rents for assisted units will be limited to the lesser of:
(i) The maximum amount allowable by application of the Annual Adjustment
Factor, or
(ii) The amount determined to be Rent Reasonable, or
(iii) The rent charged for comparable unassisted units owned by the same owner.
2. Special Contract Rent Adjustments-Certificate Program (24 CFR 882.108(a))
Owners may submit a request for a special rent adjustment (over and above the annual
adjustment) but must document the following:
39
Section 8 Administrative Plan
(i) the costs of owning and maintaining the unit have increased;
(ii) the increase is a result of substantial general increases in real property tax rates, utility
rates or similar costs (i.e., assessments and utilities not covered by regulated rates); and
(iii) the annual contract rent adjustment does not compensate the owner for the increases.
NOTE: This documentation will be forwarded to HUD. Special rent adjustments are NOT
approved by the HA.
Contract Rent Adjustment - Voucher Program
The Contract Rent may not be increased during the first year of the lease. After the initial year,
owners may request an increase at any time, but must provide written notice of any proposed
increase to the family, in accordance with the lease and contract, and to the HA. The increase will
not be approved unless the increased rent meets rent reasonableness requirements.
Families who wish to move because of the owner's rent increase will be required to give the owner
proper notice and notify the HA at least thirty (30) days in advance.
Rent Abatement and Contract Terminations for HQS Violations (24 CFR 982.404)
When an owner fails to correct cited repairs within the specified time frame, housing assistance
payments will be abated at the end of the month in which the failed reinspection occurred, and will
continue until such time when:
The owner corrects the deficiencies, in which case the housing assistance payments may be
resumed as of that date; or
- The HAP contract expires or is terminated.
The HA will not resume HAP payments until the owner has corrected the deficiencies. No
retroactive payments will be made for the period during which the rent abatement occurred. When
the deficiencies are corrected, however, a prorated housing assistance payment may be provided to
the owner for the period commencing with the date a HA inspector certified the required work was
completed.
The HA will send the owner advance written notification, in accordance with the HAP contract,
when the HA plans to abate payments. The HA will also notify the family of this action and apprise
the family of its responsibility, based on applicable State or local law, for the payment of the tenant
share of rent to the owner.
The HA will terminate HAP contracts which are under abatement at the earlier of: a) the month
the family living in the unit has moved, or b) six months after the last payment was made.
HAP contracts will be terminated immediately, without application of the rent abatement process
described above, in cases of owner failure to repair life-threatening conditions within the required
24 hour time period. This applies only to cases in which the owner is responsible for the situation
not when the tenant has caused the violation. Life-threatening conditions include but are not
limited to:
a,
No heat between October i and May 1.
No electricity.
40
Section 8 Administrative Plan
No gas.
No running water.
Natural gas leak or fumes.
Major plumbing leaks or flooding (such as sewer backup or stoppage).
Any electrical outlet, switch, stationary light fixture, fuse box or circuit breaker that smokes,
sparks or short circuits, creating a fire hazard.
Broken or missing lock on any dwelling unit doors accessible to the outside of the dwelling
unit.
Uninhabitable units due to fire, tornadoes, destroyed or vandalized property that prevent a
tenant from using the bathroom or kitchen or from entering the dwelling unit.
41
SECTION XI
ONGOING ACTIVITIES
Section 8 Administrative Plan
A. Annual Reexaminations (24 CFR 882.5 15)
The HA will re-examine the income, assets, expenses and family composition of all families
at least annually. Reexaminations determine the participant's monthly TTP and rent to owner
(Tenant Rent), eligibility for continued occupancy, and required unit size.
The HA follows all pertinent HUD regulations in its completion of reexaminations.
Approximately ninety days prior to the family's reexamination effective date, the family will
be sent an annual review packet along with a scheduled meeting time and date where Section
8 staff will be available to assist in completion of the annual review documents. If the family
does not return the packet or show up for the meeting a second notice will be sent. If the
family fails to respond to the second notice, the HA will send a termination assistance notice
to the family which will be effective on the family's reexamination date.
Employment and income data, assets, full-time student status, medical expenses (elderly
families only), child care expense, and handicapped assistance expenses will be verified,
documented and placed in the participant's folder.
Third party written verifications are required.
Verified information will be analyzed to determine TTP and the appropriate unit size.
,
Tenants requiring larger or smaller units are issued a Certificate/Voucher for the appropriate
bedroom size dwelling unit at the annual reexamination, or at such other times necessary,
depending on availability. However, if the family size exceeds the maximum subsidy
standard for continued occupancy, the family must be issued the appropriate size
Certificate/Voucher. At annual reexamination, the applicable Payment Standard for
Vouchers will not change unless the family moves to a different unit, or there has been a
change in family size. The Payment Standard may not be less than the standard previously
used, except when the family qualifies for a smaller unit.
Tenants whose Total Tenant Payment equals or exceeds the gross rent for their dwelling unit,
will be notified of their responsibility for the entire contract rent amount.
Housing Assistance Payments shall be terminated with proper notice to both the tenant
and owner.
Suspension of Housing Assistance Payments shall not affect the tenant's other rights
under the lease, nor shall suspension preclude the resumption of payments as a result
of loss of income or other relevant circumstances.
Co
For 9/95 versions of HAP contracts the HA will terminate the contract if six (6)
months have passed since the date of the last Housing AssistanCe Payment. For pre
9/95 HAP contracts the HA will terminate the contract if twelve (12) months have
passed since the date of the last Housing Assistance Payment.
Increases in the participant's portion of the rent to owner (Tenant Rent) will be effective on
the scheduled reexamination effective date, with reasonable advance notice (30 days)
provided the participant has complied with all reporting requirements. When the participant
has failed to do so, the participant's portion will increase retroactive to the reexamination
42
Section 8 Administrative Plan
effective date. Retroactive changes in participants rent share will not be made when delays
are solely the fault of the Authority or a verification source.
Decreases in participant's portion of rent shall take effect on the reexamination effective
date.
B. Interim Reexaminations
Changes in family income or composition may result in an interim recertification. Increases in
income and/or changes in family composition which result in greater than a $100 increase gross
monthly income for the family will be processed. All changes that will result in a decrease in rent
must be reported and processed. An interim reexamination does not change the anniversary date
for the annual reexamination.
1. Income/Family Composition Changes.
The resident must report within 30 days:
a. All changes in the household composition; and
b. Any of the following facts which would result in an increase in rent:
an increase in per month gross household income that would result in a $100 or
greater increase in family income;
receipt of a deferred payment in a lump sum (such as unemployment benefits).
The resident may report any of the following changes which would result in a decrease in
rent:
a. Decrease in income expected to last at least 30 days; and
b. Increase in allowances or deductions.
2. Zero Income.
The HA will schedule special reexaminations at a minimum of every 90 days for families
reporting $0 income. Families reporting $0 income will be required to have all adult
household members sign a certification of $0 income and a release allowing the HA to obtain
a certified copy of any tax return submitted to IRS by all adults residing in the household.
Failure to comply with these reexamination requirements will be considered grounds for
termination of assistance.
3. Effective Date of Rent Changes Due to Interim Recertifications.
Tenant Rent Decreases: If a change in family circumstances or income results in a
decrease in Tenant Rent, the adjustment in rent will be effective the first day of the
month, following verification of reported change. Decrease in Tenant Rent will not be
granted without verification of the decrease in income.
Tenant Rent Increases: If a change in family circumstances or income results in an
increase in Tenant Rent, the adjustment in rent will be made effective the first day of
the second month following that in which the change in family circumstances or
income is verified and written notice of new rent is sent to the tenant (thereby giving a
30-day notice to the tenant).
Section 8 Administrative Plan
C,
Tenant and owner will be notified as to any changes in the Housing Assistance
Payment or Tenant Rent.
Errors. If an error in Tenant Rent is revealed at any time during the income year, proper
adjustment will be made to correct the error as follows:
a,
If the error is the fault of the tenant, and results in the tenant owing additional rent,
such rent shall be repaid by the family within a reasonable period of time. Failure to
repay may result in termination.
If the error is not the fault of the tenant and it results in increased Tenant Rent, such
rent shall be made effective after a 30 day notice is given to the tenant. If a refund is
necessary, because of a decrease in rent, it shall be processed immediately.
C,
If the error is not the fault of the tenant, and corrective action results in a decreased
rent, such rent shall be made effective as of the date the error was made.
Changes in Household Composition
All participants are required to report any change in household composition within 30 days of the
change to the Authority and to the landlord. New household members may be added to the
resident's lease if the new family member has been added as the result of birth, marriage,
reconciliation with a spouse, legal adoption, award of custody to or by a member of a household on
the lease and award of a foster child. However, no new household member over the age of five
years may be added unless and until that person has provided the required information to the HA
and been determined eligible for admission according to the guidelines specified in Section II of
this policy. The Housing Authority has the right to deny admission to any person found to be
ineligible.
Participants must provide documentation as required by the Authority when reporting that a family
member has left the household. In the case of an income producing household member, the
Authority will require at least two documents verifying the new address or other evidence deemed
acceptable by the Authority. Utility bills, a driver's license, an automobile registration, voter
registration, an employer's verification, or a lease or a rent receipt bearing the family member's
name, new address and a date are examples of acceptable evidence. Court papers indicating that a
family member has left the household such as a Petition for Dissolution of Marriage, a Petition for
an Order of Protection, or a Petition for Legal Separation may also be acceptable.
Family Moves with Continued Assistance (24 CFR 982.3 14)
(See also Section XII, Terminations)
If the tenant desires to relocate, they may do so freely upon completion of the first year's
term of the lease. However, the tenant must first submit a 30 day written notice, but not
more than a 60 day notice, to the landlord stating his/her intention to vacate. Notices must be
from the 1st tO the 1st Of the month. A copy of this notice, signed by the tenant, must be
provided to the HA within 30 days.
o
If the tenant desires to relocate, but has not completed the initial year's term of the lease, the
transfer will not be granted by the HA unless both tenant and landlord mutually agree to
rescind the lease. If both the landlord and tenant do so agree, they must both sign a mutual
rescission form supplied by the HA. A copy of the rescission must be provided to the HA.
44
Section 8 Administrative Plan
o
(For pre 9/95 HAP Contracts) If, after the move-out inspection, it is determined that the final
assessment of damages is in excess of the security deposit, the tenant will be required to pay
the damage claim and will be offered a repayment arrangement if needed.
Participants are limited to one move in any 12 month period. The HA will consider
extenuating circumstances on a case by case basis.
,
If the family wants to move to a new unit that is located in another jurisdiction, the family
must provide notice to the HA and must specify the area where the family wants to move.
(See also Section IX, B. Portability.)
,
The HA may deny a participant family's request to move if the family has not complied with
a Repayment Agreement executed with the current or another HA, or if the HA does not have
sufficient funding for continued assistance. (See also Section XI, Ongoing Activities, H.
Repayment Agreements.)
E. Assistance for Families Under Lease
The HA will plan, develop and coordinate working relationships with human services and social
service agencies that can be of help to tenants. The HA staff will assist in providing information
and referral service to tenants. Families who have questions regarding their participation in the
Certificate/Voucher Program, may request assistance from the HA.
F. Family Break-Up (24 CFR 982.315)
In the case of family break-up, the housing assistance will remain with the family member who
maintains custody of the children. If there are no children, the HA will make a determination on
who will receive the assistance based on one of the following factors: whether the assistance
should remain with family members remaining in the original assisted unit; the interest of ill,
elderly or disabled family members; and whether family members are forced to leave the unit as a
result of actual or threatened physical violence against family members by a spouse or other
member of the household.
If a court determines the disposition of property between members of the assisted family in a
divorce or separation under the settlement or judicial decree, the HA will follow the court's
determination of which family members continue to receive assistance in the program.
In the case where these is no adult remaining family member and there are minors still living in the
unit, the Authority will accept proof of legal guardianship of remaining minors and will grant
remaining member status subject to all program eligibility considerations.
G. Family Absence From Unit (24 CFR 982.312)
The family may be absent from the unit for brief periods not exceeding thirty (30) consecutive
days. In cases where no member of the assisted family is present due to acknowledged vacation,
hospitalization or imprisonment, the absence may not exceed 180 days. If it does, housing
assistance will be terminated and the family must reapply for the program.
The family must supply information and certification to the HA to verify that the family is residing
in the unit. The family must also promptly notify the HA of the absence from the unit, including
any information requested about the purpose of the family absence(s).
H. Repayment Agreements
A~
Section 8 Administrative Plan
If a participant owes money to the HA, the HA requires the participant to enter into a repayment
agreement or repay the entire amount on demand. If the participant does not comply with the
repayment agreement, the HA may terminate the participant from the program. However, the HA
will consider extenuating circumstances on a case-by-case basis.
If the HA determines that the family committed fraud or was grossly irresponsible, the HA may
require the family to repay the entire amount in full or have its assistance terminated, since fraud or
gross irresponsibility are considered a violation of a family obligation.
In no case does the HA have a responsibility to enter into a repayment agreement. If the family's
assistance is terminated and repayment has not been made, the money will still be considered to be
owed and the HA may still take action to collect the amounts owed.
(See also Section II, A. (9) Eligibility Criteria, Section XI, D. (6) Family Moves with Continued
Assistance and Section XH, B. Housing Assistance Terminations, 1 .f.)
46
Section 8 Administrative Plan
SECTION XII
TERMINATION, CLAIMS AND COMPLAINTS AND APPEALS
A. Termination of Tenancy By Owner or Participant
Owner Initiated Lease Terminations. (24 CFR 982.310, 311) During the term of the lease,
the owner may terminate tenancy on the following grounds:
a. Serious or repeated violation of the terms and conditions of the lease;
Violation of Federal, State or local law that imposes obligations on a tenant in
connection with the occupancy or use of the premises; or
C,
Other good cause. However, during the first year of the lease, the owner may not
terminate for "other good cause" unless the termination is based on something the
family did or failed to do. The following are some examples of "other good cause" for
termination of tenancy by the landlord:
(i) Failure by the Tenant Family to accept the offer of a new or revised lease.
(ii) Tenant Family history of disturbance of neighbors or destruction of property, or
of living or housekeeping habits resulting in damage to the unit or property.
(iii)
Criminal activity by Tenant, any member of the household, a guest or another
person under the tenant's control, that threatens the health and safety or right to
peaceful enjoyment of the premises by other residents or persons residing in the
immediate vicinity of the premises.
(iv) Any drug related criminal activity on or near the premises.
(v) The landlord's desire to utilize the unit for personal or family use or for a
purpose other than use as a residential rental unit; or
(vi) A business or economic reason for termination of the tenancy (such as sale of the
property, renovation of the unit, desire to rent the unit at a higher rental).
The owner may only evict the tenant from the unit by instituting a court action.
NOTE: This list of examples is intended as a non-exclusive statement of some
situations included in "other good cause," but shall in no way be construed as a
limitation on the application of "other good cause" to situations not included in
the list. The owner may not terminate the tenancy during the first year of the
term of the lease, for example, for reasons (i), (v) or (vi) of "other good cause."
If termination is due to a "business or economic reason" (i.e., the HA is unable to
approve the amount of rent you are currently charging), or "expiration" of the
HAP contract, a written notice must be sent the tenant family in accordance with
the lease and state and local law.
do
If owner initiates an eviction action in accordance with the lease and the family
continues to live in the unit, the HA will continue to make payments until the family
moves or is evicted.
Section 8 Administrative Plan
e. The owner will keep the full payment for the month in which the family moves out.
2. Participant Initiated Lease Terminations.
If a tenant wishes to move, they may do so at any time after the first year of the term of
the lease. The tenant must submit a 30 day written notice, but not more than a 60 day
notice, to the landlord. A copy of this notice, signed by the tenant and the landlord,
must be provided to the HA.
b,
If a family desires to be released prematurely from a lease in effect at the time, such
tenant shall first obtain a Mutual Recision form from the HA. This form must be filled
out, in full, by the landlord and tenant.
If a family moves with continued assistance, the term of the lease for the new unit may
begin during the month in which the family moves from the old unit, and payment may
overlap for the old and new units. This is not considered a duplicative housing
subsidy. The HA may deny permission to move if there is insufficient funding for
continued assistance.
If the family wishes to terminate assistance voluntarily and remain in the unit, the
family and owner must execute a new lease.
B. Housing Assistance Termination (24 CFR 982.552)
Program participants in the Section 8 programs will continue to receive assistance as long as they
comply with program obligations. If a participant family fails to abide by the program obligations,
they may be terminated from the Section 8 Program which will result in the discontinuation of the
housing assistance in the family's current unit and in all future units.
All participants for whom the HA intends to terminate assistance will be provided a written
notification informing them of the reason for the termination determination and the right to request
an Informal Hearing. (See Section E for further discussion of informal hearings.)
1. . The HA may terminate housing assistance for the following reasons:
a. If the family violates any family obligations under the program. (24 CFR 982.551)
If any member, guest, or visitor of the family commits drug-related criminal activity, or
any violent criminal activity. (24 CFR 982.553)
If a family has engaged in or threatened abusive or violent behavior toward HA
personnel.
The family has committed fraud, bribery or any other corrupt or criminal act in
connection with the Certificate/Voucher programs.
Note: For housing assistance terminated for reasons a, c, and d the family may not
reapply for one year from the termination. Housing assistance terminated for reason b,
the family may not reapply for three years from date of termination.
e. If any member of the family has been evicted from public housing.
If the HA has ever terminated assistance under the certificate or voucher program for
any member of the family.
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Section 8 Administrative Plan
h,
j,
If any member of the family commits fraud, bribery or any other corrupt or criminal act
in connection with any federal housing program.
If the family currently owes rent or other amounts to the HA or to another HA in
connection with Section 8 or public housing assistance under the 1937 Act.
If the family has not reimbursed any HA for amounts paid to an owner under a HAP
contract for rent, damages to the unit, or other amounts owed by the family under the
lease.
If the family breaches an agreement with the HA to pay amounts owed to an HA, or
amounts paid to an owner by an HA.
k,
no
If any family member fails to sign and submit consent forms for obtaining information
in accordance with 24 CFR pan 760 and 24 CFR part 5.
Evidence of citizenship (i.e., the declaration) and eligible immigration status is not
submitted by date specified by the HA.
Evidence of citizenship or eligible immigration status is submitted in a timely manner,
but INS primary and secondary verification does not verify eligible status of any
family member and:
(i) Family does not pursue INS appeal or HA informal hearing rights or
(ii) INS appeal and informal hearing rights are pursued but final appeal and/or
hearing is decided against family member.
The tenant has failed to meet his/her HQS obligation in cases where they are
responsible for tenant supplied appliances or utilities and/or the activities of their
guests.
The tenant has failed to promptly notify the HA if any family member no longer
resides in the unit.
The family fails to promptly inform the HA of birth, adoption, or custody of a child
and request approval to add any other family member.
The family fails to promptly notify the HA of any absence from the unit.
If any family member illegally uses, or possesses for personal use, a controlled
substance. Such use or possession must have occurred within one year before the date
the housing authority provides notice to the family of its decision to terminate
assistance. The housing authority will not deny or terminate assistance for 'such use or
possession by a family member, if the family member can demonstrate that he or she:
(i)
Has an addiction to a controlled substance, has a record of such an impairment,
or is regarded as having such an impairment; and
(ii)
Is recovering, or has recovered from, such addiction and does not currently use
or possess controlled substances. As a condition of being allowed to reside in
the unit, the HA will require evidence of participation in, or successful
completion of, a treatment program from the family member who has engaged in
the illegal use of drugs.
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So
If a family signed a statement certifying that a person who engaged in domestic
violence against the household would not be allowed to reside in the household, breach
of this certification may be grounds for termination of assistance. [5.420(b)(4)(iii)(B)]
The housing authority determines that there is reasonable cause to believe that the
participant abuses alcohol in a way that interferes with the health, safety, or right to
peaceful enjoyment of the premises by other residents. The HA may waive this
provision if the participant demonstrates to the HA's satisfaction that the participant is
no longer engaging in abuse of alcohol and:
(i) has successfully completed a supervised drug or alcohol rehabilitation program;
(ii) has otherwise been rehabilitated successfully; or
(iii) is participating in a supervised drug or alcohol rehabilitation program.
U,
The tenant has a total tenant payment equal to or greater than the gross rent for the unit
for six (6) months for HAP contracts dated 9/95 or after and twelve (12) months for
HAP contracts dated prior to 9/95.
C. Contract Termination
September 95 versions of HAP contracts terminate automatically 180 calendar days after the
last housing assistance payment to the owner. Pre 9/95 version of HAP contracts terminate
automatically one year after the last housing assistance payment to owner. The HA may
terminate, with a 30 day written notice, a contract with a landlord for the following reasons:
The unit is not in compliance with Housing Quality Standards because the owner has
refused, or failed to correct the HQS deficiencies after proper notice by the HA.
b. The tenant has moved.
The tenant has been notified by the HA to move because the unit is either overcrowded
or under occupied.
The owner has committed any fraud or made any false statement to the HA or HUD in
connection with the contract, or has committed fraud or made any false statement in
connection with any federal housing assistance program.
e. The unit is determined by the HA and/or owner to be abandoned or unoccupied.
Lease is terminated by mutual agreement of the owner and tenant, then the HAP
contract automatically terminates in accordance with the contract terms.
The HA cannot approve the new rent requested by the owner, and the owner will not
accept a lower rent.
The HA has found it necessary to terminate the tenant's assistance for documented
good cause.
Owner has decided to terminate tenancy for "other good cause" that is a business or
economic reason.
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Section 8 Administrative Plan
If the owner has violated any obligation under this Contract or under any other
Housing Assistance Payments contract under Section 8 of the U.S. Housing Act of
1937.
If the owner has demonstrated any intention to violate any obligation under this
Contract or under any other Housing Assistance Payments contract under Section 8 of
the U.S. Housing Act of 1937.
For projects with mortgages insured by HUD, or loans made by HUD, if the owner has
failed to comply with the regulations for the applicable mortgage insurance or loan
program, with the mortgage or mortgage note, or with the Regulatory Agreement; or if
the owner has filed any false statement or misrepresentation with HUD in connection
with the mortgage or loan.
m. If the owner has engaged in drug trafficking.
NOTE: If the HA determines that a breach has occurred, the HA may exercise any of its rights or
remedies under the Contract. The HA shall notify the Owner in writing of such determination,
including a brief statement of the reasons for the determination. The notice by the HA to the owner
may require the owner to take corrective action (as verified by the HA) by a time prescribed in the
notice. The HA's rights and remedies under the Contract include recovery of overpayments,
termination or reduction of Housing Assistance Payments, and termination of the Contract.
D. Claims
Claims will be paid only for pre 9/95 versions of the HAP contract, and only in cases when the
requirements specified below are met. No claims will be honored for owners under the HAP
contract edition dated 9/95 or after.
1. General Conditions.
Claims for unpaid rent and damages must be submitted by the owner/landlord to the Iowa
City Housing Authority (ICHA) after judgment is received from the Small Claims Court,
where both parties have all appeal rights afforded under Iowa law. The ICHA will honor
judgments up to the maximum liability under the HAP contracts.
2. Eligible Expenses and Maximum Amounts for Unpaid Rent and Damages.
Certificate Program: On the Certificate Program, claims can be paid for actual
amounts due to the owner for unpaid rent and damages, (up to two months contract
rent minus the security deposit the owner could collect or actually collected).
Voucher Program: On the Voucher Program, claims can be paid for actual amounts
due the owner for unpaid rent and damages, (up to one month's contract rent, minus the
security deposit the owner could collect or actually collected).
3. Vacancy Loss
a,
Voucher Program: No vacancy loss will be paid to a property owner participating in
the Voucher Program.
Certificate Program: Owners are required to submit the following information to
receive a vacancy loss payment (Certificate Program only):
Section 8 Administrative Plan
(i) The date the unit was vacated; and
(ii) The date the unit was re-rented; and
(iii) The efforts made to re-rent the unit during the vacancy period.
4. Processing of Claims.
The ICHA will give written notice to both the owner/landlord and tenant advising of
the ICHA's determination of amounts to be paid. Tenant is advised of their right to an
informal hearing.
Before tenant will be eligible for Section 8 assistance at a new unit or for future
participation in federally assistedhousing programs, the tenant must repay the ICHA
whatever amount the ICHA paid to the owner. A repayment agreement can be allowed.
5. Appeals.
ao
The ICHA has established an informal hearing procedure which is in accordance with
federal regulations. All participant appeals will be handled as specified by these
procedures (See Informal Hearing).
E. Informal Hearing (24 CFR 982.555)
The purpose of the Informal Hearing is to give the participant an opportunity to review the
determination to ensure that it is in accordance with the law, HUD regulations and program rules.
The HA will respond to all requested Informal Hearings within ten business days from receipt of
requests, and will send the family with a written notice of the results of the Informal Hearing by
regular mail within five (5) business days of the date of the Informal Hearing.
The Informal Hearing will be conducted by a person or persons designated by the HA, other
than the person who made or approved the decision under review or a subordinate of this
person.
The participant must be given the opportunity to examine any HA documents that are
directly relevant to the hearing before the hearing. The family must be allowed to copy any
such document at the family's expense. If the document is not made available on the request
of the participant, the HA may not rely on the document at the hearing.
The HA and participant family must be given the opportunity to present evidence, and may
question any witnesses. Evidence may be considered without regard to admissibility under
the rules of evidence applicable to judicial proceedings.
The person who conducts the hearing must issue a written decision stating briefly the reasons
for the decision. Factual determinations relating to the individual circumstances of the
family shall be based on a preponderance of the evidence presented at the hearing. A copy of
the hearing decision shall be sent to the family by regular mail within five (5) business days
of the date of the Informal Hearing.
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Section 8 Administrative Plan
SECTION XIII
ADDITIONAL ITEMS
A. Misrepresentation
The resident is to be notified in writing if the Authority finds evidence that the resident or any
adult member of the resident family has misrepresented facts affecting the family's eligibility or
rent. Willful misrepresentation of facts may result in retroactive rent charges, termination of
assistance, and/or criminal prosecution.
Section 1001 of Title 18 of the United States Code makes it a criminal offense to knowingly make
a false statement to any department or agency of the United States as to any matter within its
jurisdiction and establishes penalties of fines up to $ I0,000 and/or imprisonment not to exceed five
years.
B. Monitoring Program Performance
The HA places strong emphasis on staff communication in regular staff meetings. Problems and
potential problems are investigated, discussed and handled using team effort. The HA management
policy is formulated accordingly. Internal policies and procedures, as required for the
implementation of the Administrative Plan, shall be developed as necessary.
A monitoring and evaluation system has been developed to include major program areas. This
system is designed to ensure that regulations are followed and program goals are met. Changes in
approach are initiated on a as-needed basis, subject to program regulations and funding limitations.
Annual and interim reexaminations, leases, contracts, and supporting documents are checked by
appropriate staff for accuracy, completion, and program compliance. An annual financial audit
will be conducted on an annual basis by an independent public accountant.
The HA will maintain records of applications, eligibility and ineligibility determinations,
verifications, HQS inspections, leases, contracts and payment information in applicant and
participant files. Inactive files will be maintained for a minimum of three years.
Applicable records related to immigration status will be maintained for a minimum of five years.
All other aspects of monitoring program performance will be performed in accordance with HUD
requirements and the HA's policies.
C. Interpretation and Amendment
Interpretation
The policies set forth herein shall be interpreted, implemented and acted upon in relation to the
laws of the United States and the State of Iowa, and all rules, regulations and policies enacted,
enforced or promulgated by the United States Department of Housing and Urban Development, all
of which shall take precedence over the Policies and Procedures described in this Administrative
Plan and all of which are incorporated herein by reference and all current rules, regulations and
policies, including but not limited to Income Limits, Utility Schedules and Fair Market Rents, shall
be in accordance with Federal law.
Section 8 Administrative Plan
Amendment
The policies outlined herein shall be amended only by resolution adopte. d by the affirmative vote of
the HA Board upon recommendation by the HA, except that no action shall be required to make
changes required by laws of the United States or the State of Iowa or any rules, regulations and
policies enacted, enforced or promulgated by the United States Department of Housing and Urban
Development, all of which shall take precedence over the herein expressed Policies, and all of
which are incorporated herein by reference. The HA Board of Commissioners will be notified of
any subsequent changes that may be effective through new Federal regulations.
hisasst/admin3.doc
54
APPENDICES
Section 8 Administrative Plan
APPENDIX 1
SECTION 8 ADMINISTRATIVE PLAN
GLOSSARY OF TERMS
ABSORPTION
In portability, the point at which a receiving HA chooses not to bill or stops billing the initial HA
for assistance on behalf of a family and issues assistance from its own allocation.
ADJUSTED INCOME
Annual income less the following allowances determined in accordance with HUD instructions:
1. $480 for each Dependent;
Note: The head, co-head, spouse, foster child or live-in aide are never counted as
dependents.
$400 for each family whose head or spouse/co-head is at least 62 years or age or
disabled;
,
For any family that is not an elderly family or a disabled family but has a handicapped or
disabled member other than the head of household or spouse, handicapped assistance
expenses in excess of three percent of annual income, but this allowance may not exceed
the employment income received by family members who are 18 years of age or older as
a result of assistance to the person with disabilities;
,
For any elderly family or disabled family: (i) that does not have handicapped assistance
expenses, an allowance for medical expenses equal to the amount by which the medical
expenses exceed three percent of annual income; (ii) that has disability assistance
expenses greater than or equal to three percent of annual income, an allowance for
disability assistance expenses computed in accordance with paragraph 3 of this section,
plus an allowance for medical expenses that is equal to family's medical expenses; (iii)
that has disability assistance expenses that are less than three percent of annual income,
an allowance for combined disability assistance expenses and medical expenses that is
equal to the amount by which the sum of these expenses exceeds three percent of annual
income; and
5. Child care expenses (see Section V for detail).
ADMISSION
The effective date of the first HAP contract for a family (first day of initial lease term) in a
tenant-based program. This is the point when the family becomes a participant in the program.
ANNUAL INCOME
Annual income is the anticipated total income from all sources (monetary or not)
received by the family head and spouse (even if temporarily absent) and by each
additional member of the family, including all net income derived from assets for the
12-month period following the effective date of initial determination or re-examination
of income, exclusive of income that is temporarily non-recurring or sporadic. Annual
income includes, but is not limited to:
Income
Annual
a.
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Section 8 Administrative Plan
The full amount, before any payroll deductions, of wages and salaries, overtime
pay, commissions, fees, tips and bonuses, and other compensation for personal
services;
The net income from operation of a business or profession. Expenditures for
business expansion or amortization of capital indebtedness shall not be used as
deductions in determining net income. An allowance for depreciation of assets
used in a business or profession may be deducted, based on straight line
depreciation, as provided in Internal Revenue Service regulations. Any
withdrawal of cash or assets from the operation of a business or profession will
be included in income, except to the extent the withdrawal is reimbursement of
cash or assets invested in the operation by the Family.
Interest, dividends, and other net income of any kind from real or personal
property. Expenditures for amortization of capital indebtedness shall not be used
as deductions in determining net income. All allowance for depreciation is
permitted only as authorized in paragraph lb of this section. Any withdrawal of
cash or assets from an investment will be included in income, except to the
extent the withdrawal is reimbursement of cash or assets invested by the Family.
Where the Family has Net Family Assets in excess of excess of $5,000, Annual
Income shall include the greater of the actual income derived from all Net
Family Assets or a percentage of the value of such Assets based on the current
passbook savings rate, as determined by HUD.
The full amount of periodic payments received from Social Security, annuities,
insurance policies, retirement funds, pensions, disability or death benefits and
other similar types of periodic receipts, including a lump-sum amount or
prospective monthly amount for the delayed start of a periodic payment (except
as provided in 2n below).
Payments in lieu of earnings such as unemployment and disability compensation,
worker's compensation and severance pay.
Periodic and determinable allowances, such as alimony and child support
payments and regular contributions or gifts received from persons not residing in
the dwelling.
All regular pay, special pay allowances of a member of the Armed Forces
(whether or not living in the dwelling) who is head of the family or spouse (but
see 2g below).
Exclusions
income does not include the following:
Income from employment of children (including foster children) under the age of
18 years;
Payments received for the care of foster children or foster adults (usually
individuals with disabilities, unrelated to the tenant family, who are unable to
live alone);
Lump-sum additions to family assets, such as inheritances, insurance payments
(including payments under health and accident insurance and worker's
compensation), capital gains and settlement for personal or property losses
(except as provided in le above);
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Section 8 Administrative Plan
Amounts received by the Family that are specifically for, or in reimbursement of,
the cost of Medical Expenses for any Family member;
e. Income of a live-in aide as defined in 24 CFR 5.403;
The full amount of student financial assistance paid directly to the student or to
the educational institution;
The special pay to a Family member serving in the Armed Forces who is
exposed to hostile fire;
h. (i) Amounts received under training programs funded by HUD;
(ii)
Amounts received by a disabled person that are disregarded for a limited
time for purposes of Supplemental Security Income eligibility and
benefits because they are set aside for use under a Plan to Attain Self-
Sufficiency (PASS);
(iii)
Amounts received by a tenant in other publicly assisted programs which
are specifically for or in reimbursement of out-of-pocket expenses
incurred (special equipment, clothing, transportation, child care, etc.)
and which are made solely to allow participation in a specific program;
or
(iv)
A resident service stipend: this is a modest amount (not to exceed $200
per month) received by a public housing resident for performing a
service for the HA, on a part-time basis, that enhances the quality of life
in public housing. This may include, but is not limited to fire patrol, hall
monitoring, lawn maintenance and resident initiatives coordination. No
resident may receive more than one such stipend during the same period
of time; or
(v)
Incremental earnings and benefits resulting to any family member from
participation in qualifying State or local employment training programs
(including training programs not affiliated with the local government)
and training of a family member as resident management staff. Amounts
excluded by this provision must be received under employment training
programs with clearly defined goals and objectives, and are excluded
only for the period during which the family member participates in the
employment training program.
i. Temporary, nonrecurring or sporadic income (including gifts);
j,
Reparation payments paid by a foreign government pursuant to claims filed
under the laws of that government by persons who were persecuted during the
Nazi era;
Earnings in excess of $480 for each full-time student 18 years or older
(excluding the head of household and spouse);
1. Adoption assistance payments in excess of $480.00 per adopted child;
77
p,
Section 8 Administrative Plan
Deferred periodic amounts from supplemental security income and social
security benefits that are received in a lump-sum amount or in prospective
monthly amounts;
Amounts received by the family in the form of refunds or rebates under state or
local law for property taxes paid on the dwelling unit;
Amounts paid by a State Agency to a family with a developmentally disabled
family member living at home to offset the cost of services and equipment
needed to keep the developmentally disabled family member at home;
Amounts specifically excluded by any other Federal statute from consideration
as income for purposes of determining eligibility or benefits under a category of
assistance programs that includes assistance under the 1937 Act. The following
is a list of incomes that qualify for that exclusion:
(i)
The value of the allotment provided to an eligible household under Food
Stamp Act of 1977;
(ii)
Payments to volunteers under the Domestic Volunteer Service Act of
1973 (employment through VISTA, Retired Senior Volunteer Program,
Foster Grandparents Program, youthful offender incarceration
alternatives, senior companions);
(iii) Payments received under Alaska Native Claims Settlement Act;
(iv)
Income derived from certain submarginal land of the United States that
is held in trust for certain Indian tribes;
(v)
Payments or allowances made under department of Health and Human
Services' Low-Income Energy Assistance Program;
(vi)
Payments received under programs funded in whole or in part under the
Job Training Partnership Act;
(vii)
Income derived from the disposition of funds of Grant River Band of
Ottawa Indians;
(viii)
The first $2,000 of per capita shares received from judgment funds
awarded by the Indian Claims Cormnission or the Grant of Claims or
from funds held in trust for an Indian tribe by the Secretary of Interior;
(ix)
Amounts of scholarships funded under Title IV of the Higher Education
Act of 1965, including awards under the Federal work-study program or
under the BIA student assistance programs. These are made available to
cover the cost of tuition, fees, books, equipment, materials, supplies,
transportation and miscellaneous personal expenses of a student or an
educational institution;
(x)
Payments received from programs funded under Title V of the Older
Americans Act of 1965;
(xi)
Payments received after January 1, 1989 from the Agent Orange
Settlement Fund or any other 'fund established pursuant to the settlement
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Section 8 Administrative Plan
in the In Re Agent Orange product liability litigation, MDL No. 381
(E.D.N.Y.);
(xii)
Payments received under the Maine Indian Claims Settlement Act of
1980 (Pub. L. 96-426, 94 Star. 1785).
(xiii) The value of any childcare provided or reimbursed for under the Child
Care and Development Block Grant Act of 1990.
(xiv) Earned income tax credit.
If it is not feasible to anticipate a level of income over a 12-month period, the income
anticipated for shorter periods may be annualized, subject to redetermination at the end
of the shorter period.
Any family receiving the reparation payments referred to in paragraph 2j of this section
that has been requested to repay assistance under this chapter as a result of receipt of
such payments shall not be required to make further repayments on or after April 23,
1993.
APPLICANT (applicant family)
A family that has applied for admission to a program, but is not yet a participant in the program.
AREA OF OPERATION
The recognized Metropolitan Statistical Area (MSA) of Iowa City which shall not conflict with
any other area of jurisdiction. This encompasses Johnson County and partial surrounding
counties.
ASSETS
The values of (or equity) in the real property, stocks, bonds, savings accounts or certificates,
stocks or merchandise or valuables and other forms of capital investments. (Does not include
personal and household belongings and automobiles.) Assets shall include any asset disposed of
at less than fair market value within the last two years.
CERT~ICATE
A document issued by an HA to a family selected for admission to the rental certificate program.
The certificate describes the program, and the procedures for HA approval of a unit selected by
the family. The certificate also states the obligations of the family under the program.
CHILD
A member of the family, other than the family head or spouse, who is under 18 years of age.
CHILD CARE EXPENSES
Amounts anticipated to be paid by the family for the care of children under 13 years of age
during the period of which annual income is computed, but only where such care is necessary to
enable a family member to be gainfully employed or to further his/her education. A child care
deduction wilt not be allowed if an adult family member is capable and available to provide the
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Section 8 Administrative Plan
child care. The amount deducted shall reflect reasonable charges for child care, and, in the case
of child care necessary to permit employment, the amount deducted shall not exceed the amount
of income received from such employment and only to the extent such amounts are not
reimbursed.
CITIZEN
A citizen (by birth or naturalization) or national of the United States
CONTIGUOUS MSA
In portability, an MSA that shares a common boundary with the MSA in which the jurisdiction of
the initial HA is located.
CONTINUOUSLY ASSISTED
An applicant is continuously assisted under the 1937 Housing Act if the family is already
receiving assistance under any 1937 Housing Act Program when the family is admitted to the
certificate or voucher program.
CONTRACTRENT
The total amount of rent specified in the Housing Assistance Payments Contract as payable by
the HA and the tenant to the owner for an assisted unit. In the case of the rental of only a
manufactured home space, Contract Rent is the total rent specified in the HAP Contract as
payable by the HA and the tenant to the owner for the rental of the space, including fees or
charges for management and maintenance services with respect to the space, but excluding utility
charges for the manufactured home.
DECENT, SAFE AND SANITARY HOUSING
Housing that meets the Housing Quality Standards contained in the federal regulations.
DEPENDENT
A member of the family household (excluding foster children, head of household, or spouse) who
is under 18 years of age or is a disabled person or handicapped person or is a full-time student.
DISABILITY
Inability to engage in any substantial gainful activity by reason of any medically
determinable physical or mental impairment which can be expected to result in death or
which has lasted or can be expected to last for a continuous period of not less than 12
months; or
Blind and unable by reason for such blindness, to engage in substantial gainful activity
requiring skills or abilities comparable to those of any gainful activity in which he has
previously engaged with some regularity and over a substantial period of time.
DISABLED PERSON
A person who is under a disability as defined in Section 223 of the Social Security Act (42
U.S.C. 423), or who has a developmental disability as defined in section 102(7) of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(7)) which defines
a developmental disability as:
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Section 8 Administrative Plan
"severe chronic disability that (a) is attributable to a mental or physical impairment or
combination of mental and physical impairments; (b) is manifested before the person
attains age twenty-two; (c) is likely to continue indefinitely; (d) results in substantial
functional limitations in three or more of the following areas of major life activity: (1)
self-care, (2) receptive and responsive language, (3) leaming, (4) mobility, (5)
self-direction, (6) capacity for independent living, and (7) economic self-sufficiency; and
(e) reflects the person's need for a combination and sequence of special,
interdisciplinary, or generic care, treatment, or other services which are of lifelong
extended duration and are individually planned and coordinated."
DOMICILE
The legal residence of the household head or spouse as determined in accordance with State and
local law.
DRUG-RELATED CRIMINAL ACTIVITY
Term means:
1. Drug-trafficking; or
2 Illegal use, or possession' for personal use, of a controlled substance (as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802.))
DRUG-TRAFFICKING
The illegal manufacture, sale or distribution, or the possession with intent to manufacture, sell or
distribute, of a controlled substance (as defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802)).
ELDERLY FAMILY
A family whose head or spouse/co-head or whose sole member is an elderly, disabled or
handicapped person. It may include two or more elderly, disabled, or handicapped persons living
together, or one or more of these persons living with one or more live-in aides.
ELDERLY PERSON
A person who is at least sixty-two (62) years of age.
EVIDENCE OF CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS
The documents which must be submitted to prove citizenship or eligible immigration status.
EXCESS MEDICAL EXPENSES
Any medical expenses incurred by elderly families in excess of 3% of annual income which are
not reimbursable from any other source.
FAIR MARKET RENT
The rent, including utilities (except telephone), ranges, refrigerators, and all maintenance,
management, and other services, which as determined at least annually by HUD, would be
required to be paid in order to obtain privately owned, existing decent, safe, and sanitary rental
housing of modest (non-luxury) nature with suitable amenities. Separate Fair Market Rents shall
be established for dwelling units of varying sizes (number of bedrooms).
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Section 8 Adntinistrative Plan
FAIR MARKET RENT (MOBILE HOMES)
The rent which, as determined at least annually by HUD, would be required td be paid in order to
obtain privately owned, decent, safe, and sanitary mobile home spaces of modest nature. This
rent includes certain maintenance and management services. Rents for double-wide spaces will
be permitted for assisted families of 5 or more persons so long as mobile home meets the
minimum occupancy standards for families in accordance with federal regulations.
FAMILY
Family Comvosition: (meet one of the following)
(D
(2)
(3)
(4)
(5)
(6)
(7)
A "family" may be a single person (as defined in #7 below).
A "family" includes a family with a child or children.
A group of persons consisting of two or more elderly persons or disabled persons living
together, or one or more elderly or disabled persons living with one or more live-in aids
in a family.
Persons who are registered as domestic partners and who are eligible to obtain a certified
statement of domestic partnership from the City Clerk, City of Iowa City.
Two or more persons related by blood, marriage, adoption or placement by a
governmental or social service agency.
A child who is temporarily away from the home because of placement in foster care is
considered a member of the family.
A single person family shall be:
(i) An elderly person.
(ii) A disabled person 18 years or older who is, at the date of eligibility, not
declared as a dependent by a parent or guardian.
FAMILY SELF-SUFFICIENCY (FSS Program)
The program established by an HA to promote self-sufficiency of assisted families, the provision
of supportive services (42 U.S.C. 1437u).
FAMILY UN1T SIZE
The appropriate number of bedrooms for a family. Family unit size is determined by the HA
under the HA subsidy standards.
FULL-TIME STUDENT
A person who is carrying a subject load that is considered full time for day students under the
standards and practices of the educational institution attended. An educational institution
includes a vocational school with a diploma or certificate program, as well as an institution
offering a college degree.
GROSS RENT
The total monthly cost of housing an eligible family, which is the sum of the Contract Rent and
any utility allowance for the assisted unit. In the case of rental of only manufactured home
space, gross rent also includes the family's monthly payment to amortize the purchase price of the
manufactured home.
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Section 8 Adtninistrative Plan
HEAD OF HOUSEHOLD
The adult member of the family who is the head of the household for purposes of determining
income eligibility and rent.
HOMELESS FAMILY
A person living in a privately operated shelter designed to provide temporary living
accommodations (e.g. welfare hotels, congregate shelters, and transitional housing);
A person living on the street, in a car, tent, or other structure not suitable for habitation; or,
A person in a precarious, short-term living arrangement with another person, without which
she/he would be living in one of the two above conditions.
HOUSING AGENCY (HA)
A State, county, municipality or other governmental entity or public body (or agency or
instrumentality thereof) authorized to engage in or assist in the development or operation of low-
income housing.
HOUSING ASSISTANCE PAYMENT (HAP)
The monthly assistance payment by an HA. The total assistance payment consists of:
1. A payment to the owner for rent to owner under the family's lease.
2. ' An additional payment to the family if the total assistance payment exceeds the rent to
owner. In the certificate program, the additional payment is called a "utility
reimbursement".
HOUSING 0UAL1TY STANDARDS (HOS)
The HUD minimum quality standards for housing assisted under the tenant-based program.
INITIAL CONTRACT RENT
In the certificate program, the contract rent at the beginning of the initial lease term.
INITIAL HA
In portability, the term refers to both:
1. A HA that originally selected a family that subsequently decides to move out of the
jurisdiction of the selecting HA.
2. A HA that absorbed a family that subsequently decides to move out of the jurisdiction of
the absorbing HA.
INITIAL LEASE TERM
The initial term of the assisted lease.
The initial lease term must be for at least one year.
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Section 8 Administrative Plan
INS
The U.S. Immigration & Naturalization Service.
JURISDICTION
The area in which the HA has authority under State and local law to administer the program.
LEASE
A written agreement between an owner and a tenant for the leasing of a dwelling unit to
the tenant. The lease establishes the conditions for occupancy of the dwelling unit by a
family with housing assistance payments under a HAP Contract between the owner and
the HA.
In cooperative housing, a written agreement between a cooperative and a member of the
cooperative. The agreement establishes the conditions for occupancy of the member's
cooperative dwelling unit by the member's family with housing assistance payments to
the cooperative under a HAP contract between the cooperative and the HA.
LIVE-IN AIDE
A person residing with an elderly, handicapped, disabled person or persons solely for the purpose
of providing medical care. The need for such care must be medically verified. Live-in aides are
not counted as family members and their income is not included in the calculation of family
income. The name of a live-in aide will not be
listed on the lease, calculation sheet, or 50058. The notation "live-in aide" will be made on the
calculation sheet for bedroom size determination purposes only. The name of a live-in aide shall
be noted on comment sheet. Tenant must request and receive approval for each and any live-in
aide.
LOCAL PREFERENCE
A preference used by the HA to select among applicant families.
· LOW-INCOME FAMILY
A family whose Annual Income does not exceed 80 percent of the median income for the area, as
determined by HUD with adjustments for smaller and larger families.
LUMP-SUM BENEFIT
A payment of monthly benefits for a previous period which may be included as income (except
such lump sums of Social Security shall not be counted as income). Only that portion of the
payment attributable to the time the tenant resided continuously under the Section 8 Program
may be counted as income.
MEDICAL EXPENSES
For purposes of income determination for elderly persons or families, medical expense in excess
of 3% of total family income, where these expenses are not compensated for, or are covered by
insurance. Medical expenses include such items as medical insurance premiums, dental
expenses, prescription and nonprescription medicines, etc.
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Section 8 Administrative Plan
MINOR
A person less than eighteen years of age (Head of household, spouse, or an unborn child may not
be counted as a minor.)
MIXED FAMILY
A family whose members include those with citizenship or eligible immigration status, and those
without citizenship or eligible immigration status.
NATIONAL
A person who owes permanent allegiance to the United States, for example, as a result of birth in
a United States territory or possession.
NET FAMILY ASSETS
Net cash value after deducting reasonable costs that would be incurred in disposing of real
property, savings, stocks, bonds, and other forms of capital investment excluding interests in
Indian trust land and the equity in a housing cooperative unit or in a manufactured home in which
the family resides.
NONCITIZEN
A person who is neither a citizen or national of the United States.
OWNER
Any person or entity with the legal right to lease or sublease a unit to a participant.
PARTICIPANT (participant family)
A family that has been admitted to the HA program, and is currently assisted in the program.
The family becomes a participant on the effective date of the first HAP contract executed by the
HA for the family (first day of initial lease term).
PAYMENT STANDARD
In the voucher program, an amount used by the HA to calculate the housing assistance payment
for a family. Each payment standard amount is based on the fair market rent and must between
90 and 110% of the currently published FMR. The HA adopts a payment standard for each
bedroom size and for each fair market rent area in the HA jurisdiction. The payment standard for
a family is the maximum monthly subsidy payment.
PORTABILITY
Renting a dwelling unit with Section 8 tenant-based assistance outside the jurisdiction of the
initial HA.
PREMISES
The building or complex in which the dwelling unit is located, including conanon areas and
grounds.
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Section 8 Administrative Plan
REASONABLE RENT
A rent to owner that is not more than either:
1. Rent charged for comparable units in the private unassisted market; or
Rent charged by the owner for a comparable assisted or unassisted unit in the building or
premises.
RECEWING HA
In portability, an HA that received a family selected for participation in the tenant-based program
of another HA. The receiving HA issues a certificate or voucher, and provides program
assistance to the family.
REMAINING FAMILY MEMBERS
The sole remaining family member after a reduction in family size shall be permitted to remain in
housing if over the age of 18 and able to live independently.
RENT REASONABLENESS LIMITATION
The HA is required to certify for each Section 8 Existing unit assisted that the Contract Rent is
reasonable in relation to comparable units on the private unassisted market and not in excess of
rents currently being charged for comparable unassisted units owned by the same landlord.
RENT TO OWNER
The monthly rent payable to the owner under the lease. Rent to owner includes payment for any
services, maintenance and utilities to be provided by the owner in accordance with the lease.
RESIDENT OF AREA
A family living in the HA's jurisdiction, working in the HA's jurisdiction or notified that they are
hired to work in the HA's jurisdiction. The length of time the family has lived or worked in the
jurisdiction may not be considered.
RESPONSIBLE ENTITY
The person or entity responsible for administering the restrictions on providing assistance to
noncitizens with ineligible immigration status.
SECURITY DEPOSIT
An amount deposited by the tenant, with the owner, which is not in excess of private market
practice, or in excess of amounts charged by the owner to unassisted tenants.
SPECIAL ADMISSION
Admission of an applicant that is not on the HA waiting list, or without considering the
applicants waiting list position.
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Section 8 Administrative Plan
SPOUSE
Spouse refers to the marriage partner, either a husband or wife, who is someone you need to
divorce in order to dissolve the relationship. It includes the partner in a common law marriage.
It does not cover boyfriends, girlfriends, significant others, or "co-heads".
SUBSIDY STANDARDS
Standards established by an HA to determine the appropriate number of bedrooms and amount of
subsidy for families of different sizes and compositions. See definition of "family unit size".
SUSPENSION
Stopping the clock on the term of a family's certificate of voucher, for such period as determined
by the HA, from the time when the family submits a Request for Lease Approval to the HA, until
the time when the HA approves or denies the request.
TENANT
The person or persons (other than a live-in aide) who execute the lease as lessee of the dwelling
unit.
TENANT RENT
In the certificate program, total tenant payment minus and utility allowance.
TOTAL TENANT PAYMENT
The total amount the HUD rent formula requires the tenant to pay toward rent and utilities.
UTILITY ALLOWANCE
The HA's estimate of the average monthly utilities (except telephone) for an energy-conscious
household. If all utilities are included in the rent, there is no utility allowance. Utility
allowances vary by unit type and bedroom size.
UTILITY REIMBURSEMENT
In the certificate program, the amount, if any, by which any utility allowance for family-paid
utilities or other housing services exceeds the total tenant payment.
VERY-LOW INCOME FAMILY
A Low-Income family whose Annual Income does not exceed 50 percent of the median income
for the area, as determined by HUD, with adjustments for smaller and larger families.
VICTIM WITNESS
1. A family who has:
a. Critical knowledge of a felonious crime.
b. The i~rotection and sanction of the local authority.
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Section 8 Administrative Plan
Has been determined eligible for relocation costs and other benefits provided by
the local authority.
VIOLENT CRIMINAL ACTWITY
Any illegal criminal activity that has as one of its elements the use, attempted use, or threatened
use of physical force against the person or property of another.
VOUCHER (rental voucher)
A document issued by an HA to a family selected for admission to the voucher program. The
voucher describes the program, and the procedures for HA approval of a unit selected by the
family. The voucher also states the obligations of the family under the program.
HisasstMnahro~admin3.doc
88
Section 8 Administrative Plan
SECTION 8 ADMINISTRATIVE PLAN
INCOME LIMITS
APPENDIX 2
# IN FAMILY
1
LOWER INCOME
(80% of median)
30,000
VERY LOW INCOME
(50% of median)
18,750
34,300
21,450
38,600
24,100
4
42,900
26,800
5
46,300
28,950
6
49,750
31,100
7
53,150
33,250
8
56,600
35,400
(effective 1-7-98)
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Section 8 Administrative Plan
APPENDIX 3
SECTION 8 ADMINISTRATIVE PLAN
INFORMAL HEARING PROCEDURES
(for participants)
Applicability
A. When an informal hearing is required:
An HA must give a participant family an opportunity for an informal hearing to
consider whether the following HA decisions relating to the individual
circumstances of a participant family are in accordance with the law, HUD
regulations and HA policies.
(i)
A determination of the family's annual or adjusted income, and the use
of such income to compute the housing assistance payment.
(ii)
A determination of the appropriate utility allowance (if any) for tenant-
paid utilities from the HA utility allowance schedule.
(iii) A determination of the family unit size under the HA subsidy standards.
(iv)
A determination that a certificate program family is residing in a unit
with a larger number of bedrooms than appropriate for the family unit
size under the HA subsidy standards, or the HA determination to deny
the family's request for an exception from the standards.
(V)
A determination to terminate assistance for a participant family because
of the family's action or failure to act (see §982.552).
(vi)
A determination to terminate assistance because the participant family
has been absent from the assisted unit for longer than the maximum
period permitted under HA policy and HUD rules.
,
In the cases described in paragraphs (a)(1) (iv), (v) and (vi) of this section, the
HA must give the opportunity for an informal hearing before the HA terminates
housing assistance payments for the family under an outstanding HAP contract.
B. When an informal hearing is not required:
The HA is not required to provide a participant family an opportunity for an informal
hearing for any of the following:
1. Discretionary administrative determinations by the HA.
2. General policy issues or class grievances.
Establishment of the HA schedule of utility allowances for families in the
program.
9O
Section 8 Administrative Plan
An HA determination not to approve an extension or suspension of a certificate
or voucher term.
5. An HA determination not to approve a unit or lease.
An HA determination that an assisted unit is not in compliance with HQS.
(However, the HA must provide the opportunity for an informal hearing for a
decision to terminate assistance for a breach of the HQS caused by the family as
described in §982.55 l(c).)
,
An HA determination that the unit is not in accordance with HQS because of the
family size.
A determination by the HA to exercise or not to exercise any right or remedy
against the owner under a HAP contract.
C. Notice to family:
In the cases described in paragraphs (a)( 1 ), (ii) and (iii) of this section, the HA
must notify the family that the family may ask for an explanation of the basis of
the HA determination, and that if the family does not agree with the
determination, the family may request an informal hearing on the decision.
,
In the cases described in paragraphs (a)(1) (iv), (v) and (vi) of this section, the
HA must give the family prompt written notice that the family may request a
hearing. The notice must:
(i)
(ii)
(iii)
Contain a brief statement of reasons for the decision.
State that if the family does not agree with the decision, the family may
request an informal hearing on the decision, and
State the deadline for the family to request an informal hearing.
D. Expeditious hearing process:
Where a hearing for a participant family is required under this section, the HA must
proceed with the hearing in a reasonably expeditious manner upon the request of the
family.
II. Procedures
A. Discovery:
By family. The family must be given the opportunity to examine before the HA
hearing any HA documents that are directly relevant to the hearing. The family
must be allowed to copy any such document at the family's expense. If the HA
does not make the document available for examination on request of the family,
the HA may not rely on the document at the hearing.
By HA. The HA hearing procedures may provide that the HA must be given the
opportunity to examine at HA offices before the HA hearing any family
documents that are directly relevant to the hearing. The HA must be allowed to
copy any such document at the HA's expense. If the family does not make the
91
B,
D,
Section 8 Administrative Plan
document available for examination on request of the HA, the family may not
rely on the document at the hearing.
3. Documents. The term "documents" includes records and regulations.
Representation of family:
At its own expense, the family may be' represented by a lawyer or other representative.
Hearing officer: Appointment and authority.
1. The hearing may be conducted by any person or persons designated by the HA,
other than a person who made or approved the decision under review or a
subordinate of this person.
2. The person who conducts the hearing may regulate the conduct of the hearing in
accordance with the HA hearing procedures.
Evidence:
The HA and the family must be given the opportunity to present evidence, and may
question any witnesses. Evidence may be considered without regard to admissibility
under the rules of evidence applicable to judicial proceedings.
Issuance of decision:
The person who conducts the hearing must issue a written decision, stating briefly the
reasons for the decision. Factual determinations relating to the individual circumstances
of the family shall be based on a preponderance of the evidence presented at the hearing.
A copy of the hearing decision shall be furnished promptly to the family.
Effect of decision:
The HA is not bound by a hearing decision:
1. Concerning a matter for which the HA is not required to provide an opportunity
for an informal hearing under this section, or that otherwise exceeds the
authority of the person conducting the hearing under the HA hearing procedures.
2. Contrary to HUD regulations or requirements, or otherwise contrary to federal,
State, or local law.
3. If the HA determines that it is not bound by a hearing decision, the HA must
promptly notify the family of the determination, and of the reasons for the
determination.
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Section 8 Administrative Plan
SECTION 8 ADMINISTRATIVE PLAN
INFORMAL REVIEW PROCEDURES
(for applicants)
APPENDIX 4
Applicability
The Housing Authority will provide an opportunity for an informal review regarding a
decision denying assistance to an applicant, including a decision:
1. Denying placement on the waiting list.
2. Denying participation in the Section 8 Program.
B. The Housing Authority is not required to provide an opportunity for informal review:
To review discretionary administrative determinations by the Housing Authority,
or to consider general policy issues or class grievances.
To review the Housing Authority's determination of the number of bedrooms
determined under the standard established by the Housing Authority in
accordance with HUD regulations.
To review the Housing Authority's determination that a unit located by a
Certificate/Voucher holder does not comply with. the Housing Authority's
Housing Quality Standards established in accordance with appropriate HUD
regulations, or the Housing Authority's determination not to approve a lease for
the unit.
To review the Housing Authority's decision not to approve a request by a
Certificate/Voucher holder for an extension of the term of the
Certificate/Voucher.
Applicants are entitled to an informal hearing in cases where they are denied assistance
for reasons based upon eligible immigration status. The rules in Appendix 3 apply in
such cases.
II.
Procedures
The Housing Authority shall give an applicant prompt written notice of a decision
denying assistance to the applicant, including a decision denying placement on the
official waiting list, issuance of Certificate of Family Participation, or voucher. The
notice shall also state that the applicant may request an informal review of the decision,
and shall describe how to obtain the informal review.
The applicant must submit a written request for an informal review within ten days of
notification of the decision denying assistance.
93
F,
Section 8 Administrative Plan
If the request does not meet the criteria to be eligible for informal review, the applicant
will be promptly notified in writing.
If the request does meet the criteria to be eligible for informal review, an informal review
will be scheduled within ten days of the request.
The informal review shall be conducted by any person or persons designated by the
Housing Director other than a person who made or approved the decision under review
or a subordinate of such person.
The applicant shall be given an opportunity to present written or oral objections to the
Housing Authority's decision.
The Housing Authority shall promptly notify the applicant in writing of the final
decision after the informal review, including a brief statement of the reasons for the final
decision.
94
12-01-98
16
Prepared by: Chuck Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240, 319-356-5141
RESOLUTION NO. 98-382
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK
ATTEST AMENDMENT NO. 5 TO THE AGREEMENT DATED OCTOBER 26,
1993, BETWEEN STANLEY CONSULTANTS, INC. OF MUSCATINE, IOWA,
AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES FOR
IMPROVEMENTS TO THE WASTEWATER TREATMENT AND COLLECTION
FACILITIES.
WHEREAS, on the 26~h day of October', 1993, the City of Iowa City, Iowa and Stanley consultants,
Inc. entered into an agreement for consulting services for improvements to the wastewater
treatment and collection facilities; and
WHEREAS, the collection facility improvements are near completion; and
WHEREAS, the City now desires to add additional improvements to the wastewater treatment
facilities at the south wastewater treatment plant to expand treatment capacity and to phase out
selected north plant treatment components; and
WHEREAS, City staff has negotiated Amendment No. 5 to the October 26, 1993 agreement with
Stanley Consultants, Inc.; and
WHEREAS, the City Council deems it in the public interest to enter into Amendment No. 5 to the
agreement with Stanley Consultants, Inc. to design the additional wastewater treatment facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Amendment No. 5 to the Consultant's Agreement attached hereto is in the public interest,
and is approved as to form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant's Agreement.
Passed and approved this 1st,
ATTEST:Ci~LE-~~K/~'
day of December ,1998.
City Attorney's Office
pweng/reszstanley2.doc
Resolution No.98-382
Page 2
It was moved by Thornberr.y and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
Norton
ABSENT:
the Resolution be
Champion
X Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
AMENDMENT NO. 5
CONSULTANT AGREEMENT
CITY OF IOWA CITY, IOWA
STANLEY CONSULTANTS, INC.
WHEREAS, on the 26th day of October, 1993, the City of Iowa City, Iowa (CITY) and Stanley
Consultants, Inc. (CONSULTANT) entered into an Agreement for consulting services for improvements
to the wastewater treatment and collection facilities, and
WHEREAS, the Parties desire to amend said Agreement,
THEREFORE, the Parties agree as follows:
Part 1 - SCOPE OF SER VICES, subheading B, FINAL DESIGN PHASE, is amended to add Item
13 as follows:
13.
Update previously completed final drawings and specifications for Contract 3 -
South Plant Improvements. Design new, additional project components, and
include in Contract 3. Updated drawings and specifications and new component
design are described as follows:
a,
Update previously completed Contract 3 final drawings and specifications
for required changes of vendor names, model numbers, code changes, and
other time sensitive items.
Design and prepare additional or revised final drawings and specifications
for following new, additional project components to be incorporated into
Contract 3:
1)
New Laboratory/Administration Building and
Maintenance/Vehicle Storage Building as recommended in Stanley
Consultants' Preliminary Design Report dated September 1998.
2)
New anaerobic digesters in accordance with Alternative 4b in
Stanley Consultants' letter report dated November 1998.
.3)
North Plant monitoring and control modifications in accordance
with Stanley Consultants' North Plant Automation letter report
dated November 1998.
Prepare revised Contract 3 permit application forms and submit to Iowa
DNR.
Print additional drawings and specifications required by new project
components for permitting, bidding and CITY use.
Part II- TIME OF COMPLETION is amended to add fifth paragraph as follows:
clm:kc:iea33:ic-amend5.wpd Page I
Final design services for updated and new component design for Contract 3 -
South Plant Improvements shall be completed in draft fonn by approximately
June 1, 1999, and in final form by approximately July 15, 1999. Bidding phase
services for Contract 3 shall be completed by approximately January 1, 2000.
Part IV- COMPENSATION FOR SERVICES, subheading B, Methods and Amount, Item 1. is
amended to add the following.'
Phase Description
Lump Sum Fee
Updated and new component final
design services for Contract 3
$ 653,100
Escalation and new component additional
bidding services for Contract 3
(In addition to Bidding Phase Lump Sum
Fee included in Amendment No. 3)
$ 7,900
Part IV- COMPENSATION FOR SERVICES, subheading C, Payments, is amended to add Items
6 and 7 as follows:
CONSULTANT shall submit monthly statements for updated and new
component final design services for Contract 3 in accordance with
payment schedule tabulated below. The payment schedule is based on
estimated percent of completion of CONSULTANT' S specified services
for the time specified. CITY shall review and approve, or negotiate with
CONSULTANT, the actual percent complete based on actual work
accomplished each month. CITY shall make prompt payments.
Cumulative % of
Contract 3 Final Design Phase Task Descriptions Lump Sum Fee
First Month 10
Second Month 25
Third Month 40
Fourth Month 55
Fifth Month 70
Sixth Month 80
Draft Drawing and Specification Submittal 90
Final Drawing and Specification Submittal 100
CONSULTANT shall submit statements for escalation and new
component additional Bidding Phase services for Contract 3 in accordance
with payment schedule tabulated below.
Bid Opening 75%
Contract Award 25%
Payment schedule for original basic Contract 3 Bidding Phase shall remain
as stated in Amendment No. 3.
clm:kc:iea33:ic'amendS.wlxI Page 2
The above Amendment is for the purpose of authorizing the CONSULTANT to proceed with
additional services to update previously completed Contract 3 - South Plant Improvements and to
design new project components for inclusion in Contract 3, and to set the means of compensation
therefor. All other terms and conditions of the original contract remain in force and effect,
except as amended hereto by these additions.
FOy.~f.///,t/'/~L FOR THE CONSULTANT
B B y: /ff/~/'
Herbert R. Ohrt
Title: blayor Title: Vice President
Date: December 1, 1998
Attest: ~~ ~'/.
City Attomey's Office
Date: December 7, 1998
~..,,,~ ~~,~
charles L.
vice President
Date: December 7, 1998
clm:kc:iea33:ic'amendS'wlxl Page 3