HomeMy WebLinkAbout2002-01-08 Resolution RESOLUTION NO. 02-01
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following
described locations upon his filing an application, having endorsed thereon the certificates of
the proper city officials as to having complied with all regulations and ordinances, and
having a valid beer, liquor, or wine license/permit, to wit:
Union Bar- 121E. College Street
It was moved by V~nd~rhoef and seconded by 0'Donnell that the Resolution
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
× __ O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Passed and approved this 8th day of January/ ,20 02 .
CITY-CLERK City Attorney's Office
cler k\res\danceprm.doc
Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149
RESOLUTION NO. 02-02
RESOLUTION SE'FI'lNG A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE HIGHWAY 6 RECREATIONAL TRAIL PROJECT, DIRECTING CITY
CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY
ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and Estimate of cost
for the construction of the above-mentioned project is to be held on the 22nd day of
January, 2002, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by
the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 8th day of ,.l~n~ar'y ,20 02
· ~ed by
CITY'h3LERK City Attorney s Office
Resolution No. 02-02
Page 2
It was moved by Vanderhoef and seconded by 0'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
'~ . Kanner
X Lehman
){ O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 02-03
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES AND A PROMISSORY NOTE
FOR THE PROPERTY LOCATED AT 2209 D STREET, IOWA CITY, IOWA.
WHEREAS, on November 5, 1999, the owner of 2209 D Street executed a five-year declining
balance Mortgage and a Promissory Note in the amount of $6,000; and
WHEREAS, also on November 5, 1999, the owner executed a conditional occupancy Mortgage
in the amount of $9,342; and
WHEREAS, the loans were paid off on December 11, 2001; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that 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 2209 D
Street, Iowa City, Iowa from the two Mortgages and the Promissory Note recorded on
November 23, 1999, Book 2866, Page 244 through Page 255 of the Johnson County
Recorder's Office.
Passed and approved this 8th day of January ,20 02
MAYOR
Approved by
ATTEST: ~
CITY'CLERK City Attorney's Office
It was moved by Vanderhoef and seconded by O' Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
× Vanderhoef
× Wilburn
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 properly at 2209 D Street, Iowa City, Iowa, and
legally described as follows:
The East Half (E1/2) of Lot Eight (8) in Block Four (4) in East Iowa City, Iowa, according
to the recorded plat thereof.
from an obligation of the owner, Mildred Lovetinsky, to the City of Iowa City in the total amount
of $15,342 represented by two Mortgages and a Promissory Note recorded on November 23,
1999, Book 2866, Page 244 through Page 255 of the Johnson County Recorder's Office.
This obligation has 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 document.
MAYOR
Approved by
CITY'CLERK ' ~[t~At{orn~'s Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of, A.D. 20~, before me, the undersigned, 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 o~ its City Council, as contained in Resolution No. ~ ~-~, adopted by the
City Council on the <~ day of ~,~,c,,:-~ , 20 ~,)- and that s~nest W. Lehman
and Marian K. Karr ~s ~uch officers acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them v01untarily executed,
otary Public in and for Jo, .............. a
ppdrehab~2209d doc I~"'~ ~, I SORORAE FORT
~ ~l~mml~ion Nu~r 159791
I~'1 My Commi~n ~ims
01-08-02
3e(2)
RESOLUTION NO. 02-04
Prepared by: Liz Osborne, CD Division, 410 E, Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
MORTGAGE FOR THE PROPERTY LOCATED AT 1018 HIGHLAND
DRIVE, IOWA CITY, IOWA,
WHEREAS, on June 2, 1997, the property owner of 1018 Highland Drive executed a
Mortgage through the City's Downpayment Assistance Program. The Mortgage was in
the form of a conditional occupancy loan in the amount of $3,000; and
WHEREAS, the loan was paid off on December 28, 2001; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that 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 1018 Highland Drive, Iowa City, Iowa from the Mortgage recorded on June 4,
1997, Book 2282, Page 85 through Page 88 of the Johnson County Recorder's Office.
Passed and approved this 8th day of January ,2(}02.
MAYOR
Approved by
ATTEST: ~.~0 ~/%-~. ~4.x~) ~/~,':7"~/
C'ITY"CLERK City Attorney's Office
It was moved by Vanderhoef and seconded by 0'Donne11 the
Resolution be adopted, and upon roll call there were!'
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
x O'Donnell
× Pfab
X Vanderhoef
X Wilburn
ppdrehab\res\l 018highland doc
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 1018 Highland Drive, Iowa City, Iowa,
and legally described as follows:
Lot 12 in Block 4 in Sunnyside Addition to Iowa City, Iowa, according to the recorded
plat thereof', and subject to easements and restrictions of record
from an obligation of the property owner, Dustin G. Ripley, to the City Of Iowa City in the total
amount of $3,000 represented by a Mortgage recorded on June 4, 1997, Book 2282, Page 85
through Page 88 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by roason of said prior recorded document.
Approved by
CITY CLERK ' - Cit~;-Attorne~?~)ffice
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
Onthis ~'K dayof ~'~-,~ ,A.D. 20 O~ ,beforeme, theunder-
signed, a Notary Public in and for said County, ~n 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. ~, adopted by the City
Councd on the ~ day cf ~c~,~-~ , 20 ~ and that the said Ernest W.
Lehman and Marian K. Karr as such officeYs acknowled~ ~ee ~xecution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for Johnson County, Iowa
ppdrehab\l O18highlandrel.doc I'~ ~1111~ ~"1'~ Commission Number
[" IFI
Prepared by: Marilyn Kriz, Parks & Rec. Division, 410 E. Washington St., Iowa City, IA 52240, 356-5110
RESOLUTION NO. 02-05
RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE
IOWA CITY KICKERS SOCCER PARK PARKING LOT RESURFACING PROJECT.
WHEREAS, the Parks and Recreation Department has recommended that the work for the
construction of the Iowa City Kickers Soccer Park Parking Lot Resurfacing Project, as included
in a contract between the City of Iowa City and L. L. Pelling Company of Iowa City, dated July
26, 2001, be accepted; and
WHEREAS, the performance and payment bond has been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 8th dayof 0a_nuar~, ,2002.
Approve,,d by ~
CITY 'CLERK city ,~ttorney's"Offi~
It was moved by Vanderhoef and seconded by 0' Dj;)nne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman'
X O'Donnell
× Pfab
× Vanderhoef
X Wilburn
pa rksrec\res~acceptkickerslot.doc
~VIEARDON, SUEPPEL ~ DOWNer P.L.C.
WILLIAM k MEARDON LA~¥YERS
dAMES D. McCARRAGHER IOWA CrTY, IOWA 52240 -I 830
WILLIAM d. SUEPPEL ,IA~I 0 8 2002
DENNIS d MITCHELL "ITY ATI'i~RN[¥'S OFFIC[
January 8, 2002
Mitchel~T. Behr HAND DELIVERED
Assistant City Attorney
City of Iowa City, Iowa
Civic Center
410 East Washington Street
Iowa City, IA 52240
Re: SUB 01-00033 Dean Oakes Sixth Addition
Dear Mitch:
As a result of my need to evaluate certain questions in the legal documents, I
hereby request a deferral of tonight's consideration of the above-mentioned subdivision
by the City Council of Iowa City. I respectfully request that the matter be rescheduled
for the next Council meeting.
Charles A. Meardon
CAM:seh
cc: Mr. Dean Oakes
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Robert Miklo
Item: SUB01-00030. Stone Bridge Estates, Part 2 Date: December 6, 2001
GENERAL INFORMATION:
Applicant: Arlington L.C.
2346 Mormon Trek Blvd.
Iowa City, IA 52246
Contact Person: MMS Consultants
1917 S. Gilbert Street
Iowa City, IA 52240
Phone: 351-8282
Property Owner: Jerry Lindemann
304 Summit Drive
Solon, IA 52333
Phone: 644-2110
Requested Action: Preliminary plat
Purpose: To create a 52-1ot residential subdivision
Location: East of Camden Road, north of Court Street,
west of Taft Avenue
Size: 13.98 acres
Existing Land Use and Zoning: Agricultural; RS-5
Surrounding Land Use and Zoning: North: Agricultural; RS~5
South: Vacant & Residential; RM-12 & RS-5
East: Agricultural; RS-5 and IDRS
West: Agricultural; RM-12 & RS-8
Comprehensive Plan: The Northeast District Plan identifies this area as
a single-family residential area
File Date: November 15, 2001
45 Day Limitation Period: December 30, 2001
BACKGROUND INFORMATION:
The applicant, Arlington L.C., is requesting a preliminary plat of Stone Bridge Estates Part 2, a 13.98-acre,
52-1ot subdivision for property located east of Camden Road, north of Court Street, and west of Taft
Avenue. This property, along with surrounding property, was annexed into Iowa City in 2000, and was
zoned Single-Family Residential, RS-5, at that time. The rezoning was subject to a Conditional Zoning
Agreement, which required general compliance with the neighborhood design principles contained in the
Northeast District Plan. Stone Bridge Estates, Part 1, a 16-1ot subdivision was approved earlier this year.
ANALYSIS:
Comprehensive Plan: The Northeast District Plan, which is part of the Comprehensive Plan, contains
many neighborhood design policies for developing neighborhoods. The Conditional Zoning Agreement
that accompanied the rezoning for this property summarizes that the policies that should be followed
include but are not limited to:
"... the provision of an interconnected street system, designing collector streets so they are not
continuous through streets, utilizing cul-de-sac streets only where other options are not practical,
designing sidewalk and trail systems as an integral part of the neighborhood transportation
2
system, preserving natural features such as stream corridors, and ensuring neighborhood access
to open space areas. Other items that are encouraged by said Plan and that may be considered
within said development, but are subject to review and approval through the preliminary and final
plat review process, include the use of traditional neighborhood design concepts such as the use
of narrow street pavement, alleys, and green elements within streets such as planted medians or
small neighborhood greens."
When the preliminary plat of Stone Bridge Estates, Part 1, was reviewed we also reviewed the attached
concept plan for the larger property. Staff and the Commission agreed that this concept plan generally
met the neighborhood design policies of the Northeast District Plan. The preliminary plat of Stone Bridge
Estates, Part 2, continues to conform to these policies.
Secondary access: The single means of access to this proposed subdivision is Ashford Place via
Camden Road, which connects to Court Street to the south. Camden Road is platted as a collector street;
under the City's secondary access guidelines, Camden Road can accommodate an average of 2,500
vehicles per day before secondary access would be required. While Stone Bridge Estates Parts 1 and 2
will not trigger this requirement, the need for secondary access will need to be monitored as future
subdivisions are platted in this area.
Open space: No public open space is proposed with this subdivision. The Northeast District Plan shows
public open space being along a creek to the east, potentially along a drainageway to the northwest, and
being incorporated into a public square centering on Lower West Branch Road. Fees collected in lieu of
open space would go toward purchasing or improving the open space areas planned for in the Northeast
District Plan. The Parks and Recreation Commission will consider this plat as their December meeting
and will make a recommendation to the City Council regarding open space requirements.
Water main tap-on fees: Water main extension tap-on fees at a rate of $395/acre will be required for this
subdivision and future subdivisions in this area.
Stormwater Management: Stormwater management will be provided in the Scott Park detention basin,
therefore, no stormwater management on this property is required.
Minimum lot size: A number of the lots proposed for this subdivision are less than 8,000 square feet, the
minimum lot size in the RS-5 zone. The RS-5 zone allows for 'averaging' the lot sizes so the overall
average density does not go above 5 units per acre, with the condition that no lot be less than 7,200
square feet, or more than 15,000 square feet. The proposed plat meets these requirements.
Outlot B: Outlot B is property reserved for future development that will occur in conjunction with the
development of the property to the west.
STAFF RECOMMENDATIQN:
Staff recommends that SUB01-00030: a preliminary plat of Stone Bridge Estates Part 2, a 13.98 acre,
52-1ot residential subdivision located east of Camden Road and north of Court Street, be deferred,
pending resolution of the deficiencies and discrepancies listed below. Upon resolution of these
deficiencies and discrepancies, staff recommends approval.
DEFICIENCIES AND DISCREPANCIES:
A pedestrian walkway should be shown between lots 9 and 1'7 and across Outlot B to the western property
line of this subdivision.
Attachments:
1. Location map
2. Preliminary plat ~z~-E~ ~
3. Concept Plan
Approved by:
K~rin/":ranklin, Director
Dep~ of Planning and Community Development
ppdad min\stfrpt\subO 1 ~00030 doc
~ RS 8 IDRS~
RM 12
RS 5
~ PDH 8 ~ '~
CN 1
ID RS
PDH 8
SCOTT ,
SITE LOCATION: Stone Bridge Estates, Part Two SUB01-O0030
Preliminary Plat
STONE BRIDGE ESTATES, PART TWO, THREE & FOUR
Iowa City, Iowa ., .~'~.
, I 01-08-02
5m
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB01-00033)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF DEAN OAKES SIXTH ADDITION, IOWA CITY,
IOWA,
WHEREAS, the owner, Oakes Construction, Inc., filed with the City Clerk the final plat of Dean
Oakes Sixth Addition, 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:
Beginning at the Northwest Corner of Dean Oakes Fifth Addition, in accordance with
the Plat thereof Recorded in Plat Book 35 at Page 296, Thence S07°16'31', along
the West Line of said Dean Oakes Fifth Addition, 127.75 feet; Thence
Nodhwesterly, 26.64 feet, along said West Line on a 1676.74 foot radius curve,
concave Southwesterly, whose 26.64 foot chord bears N83°10'49"W; Thence
S06°21'53"W, along said West Line, 90.29 feet, to the Southwest Corner thereof,
and a Point on the North Line of Dean Oakes Second Addition, in accordance with
the Plat thereof Recorded in Plat Book 30, at Page 18, of the Records of the
Johnson County Recorder's Office; Thence S00°38'48"W, along said North Line,
108.00 feet; Thence S89°08'51"W, along said Nodh Line, 192.99 feet; Thence
S57°59'59"W, along sold North Line, 240.00 feet to the Westerly Most Corner
thereof, and a Point on the North Line of Dean Oakes Third Addition, in accordance
with the Plat thereof Recorded in Plat Book 25, at Page 19, of the Records of the
Johnson County Recorder's Office; Thence S87°10'32"W, along the North Line of
said Dean Oakes Third Addition, 261.73 feet; Thence N85°ll'39"W, along said
North Line, 345.00 feet, to the Northwest Corner thereof; Thence S04°30'30"W,
along the West Line of said Dean Oakes Addition, 365.49 Feet; Thence
S89°20'39"E, along said West Line, 58.51 feet; Thence S00°39'21"W, along said
West Line, 126.58 feet, to its intersection with the North Line of a Parcel of Land
Conveyed by Warranty Deed recorded in Book 1131, at Page 7, of the Records of
the Johnson County Recorder's Office; Thence N89°31'01"W, along said North Line,
249.44 feet, to its intersection with the East Line of a Plat of Survey, in accordance
with the Plat thereof recorded in Plat Book 28, at Page 24, of the Records of the
Johnson County Recorder's Office; Thence N00°17'59"E, along s~id East Line,
309.89 feet, to the Northeaster Corner thereof, and the Southeast Corner of Miller
Subdivision, in accordance with the Plat thereof Recorded In Plat Book 4, at Page
375, of the Records of the Johnson County Recorder's Office; Thence N00°17'59"E,
along the East Line of said Miller Subdivision, and the "North Tract", of a "Survey
and Subdivision of Tract IN NE ¼ NE ¼ SECTION 3-T79N-R6W", in accordance
with the Plat thereof Recorded in Plot Book 16, at Page 59, of the Records of the
Johnson County Recorder's Office, 601.10 feet, to the Northwest Corner of Section
2, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence
N87°52'02"W, 9.40 feet, to the Southeast Corner of a Tract of Land conveyed by
Warranty Deed, as Recorded in Book 1070 at Page 207, of the Records of the
Johnson County Recorder's Office; Thence N00°17'46"E, along the East Line of said
Conveyed Tract, 327.47 feet, to its intersection with the Southerly Right of Way Line
Resolution No.
Page 2
of U.S. Interstate No. 80; Thence S86°30'09"E, along said Southerly Right of Way
Line, 1214.50 feet, to a Point 230.0 feet normally distant Southerly of Centerline
Station 981+00; Thence N85°54'10"E, along said Southerly Right-of-Way Line,
605.31 feet, to a Point 150.0 feet normally distant Southerly of Centerline Station
987+00; Thence S77'°41'56'E, along said Southerly Right of Way Line, 392.04 feet;
Thence S07°45'54"E, 229.57 feet, to the Northeast Corner of said Dean Oakes Fifth
Addition; Thence N88°02'12"W, along the North Line of said Dean Oakes Fifth
Addition, 788.90 feet, to the Point of Beginning. Said Tract land contains 30.11
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
(2001) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets, easements and public open space 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.
3. 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 day of ,20__
MAYOR
Approved by
CITY CLERK ~i~J ~t{ornets O~ce
Resolution No.
Page 3
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
ppdadmin~res~oakes.doc
STAFF REPORT
To: Planning and Zoning Commission Prepared by: John Yapp
Item: SUB01-00033 Date: December 20, 2001
Dean Oakes Sixth Addition
GENERAL INFORMATION:
Applicant: Oakes Construction, Inc.
PO Box 1456
Iowa City, IA 52244
Phone: 338-1144
Contact person: MMS Consultants
1917 S. Gilbed Street
Iowa City, IA 52240
Phone: 351-8282
Requested action: Final plat approval
Purpose: To allow development of an 18-1ot
single family residential subdivision.
Location: West end of Bristol Drive.
Size: 30.11 acres
Existing land use and zoning: Undeveloped, Rural Residential zone
Surrounding land use and zoning: North: Interstate 80
South: Residential; RR-1
East: Residential; RS-5
West: Residential; RS-5
Comprehensive Plan: The North District Plan identifies this
area as single-family residential.
File date: December 3, 2001
45-day limitation period: January 24, 2002
60-day limitation period: February 8, 2002
2
BACKGROUND INFORMATION:
The applicant, Dean Oakes Construction, is applying for a final plat of Dean Oakes Sixth
Addition, a 30.11 acre, 18-1ot single family subdivision with one outlot, located at the western
terminus of Bristol Drive. This property was recently rezoned to OSA-5, Sensitive Areas
Overlay - Low Density Single Family, and a preliminary plat and sensitive areas development
plan was recently approved.
ANALYSIS:
Final Plat: The proposed final plat is generally consistent with the approved preliminary plat.
The applicant is proposing to extend Bristol Drive to the west, ending in a cul-de~sac. Eighteen
(18) single family lots are proposed to be subdivided off of Bristol Drive. These lots are
between ¼ acre and 1.6 acres in size. The North District Plan depicts a wooded open space
buffer between the Williams pipeline easement and Interstate 80 - Outlot A, proposed to be
dedicated to the City as open space, provides this buffer. The North District Plan also depicts
a trail connection between Bristol Drive and Prairie Du Chien Road - the plat proposes a trail
connection at the head of the cul-de-sac between lots 9 and 10. This trail will provide access
to the open space, as well as the water main easement and proposed sewer lift station to serve
this property.
Infrastructure: Bristol Drive will provide access to the proposed lots. A lift station is
proposed to provide adequate sewer capacity to pump effluent to the gravity-flow sewer
system - without the lift station the lots would need to be serviced by septic systems, which
would require the lots to be at least 40,000 square feet in size. The lift station is proposed to
be constructed by the developer, to City standards, and then dedicated to the City for
ongoing maintenance. The lift station will be sized to accommodate other properties in the
neighborhood that utilize septic systems, should they wish or need to tie into the public
sewer system in the future.
Tap-on fees: A water main extension fee of $395 / acre will be required.
STAFF RECOMMENDATION:
Staff recommends that SUB00-00033, a final plat of Oakes Sixth Addition, be deferred pending
resolution of the deficiencies and discrepancies below.
Upon resolution of the deficiencies and discrepancies, staff recommends that SUB00-00033, a
final plat of Oakes Sixth Addition, a 30.11, 18-1ot single family residential subdivision, be
approved, subject to approval of legal papers and construction plans prior to Council
consideration.
DEFICIENCIES AND DISCREPANCIES:
1. The conservation easement shown on the plat needs to be consistent with the
conservation easement line on the preliminary plat.
2. The purpose of Outlot A needs to be noted.
3. The utility easement in between lots 10 and 11 may need to be enlarged to provide
3
enough easement area to be consistent with the construction plans submitted for the
subdivision.
4. Various minor typos and labeling mistakes need to be corrected.
ATTACHMENTS:
1. Location Map
2. Proposed plat
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
U;~jyapCsubdivisions\Oakes Sixth §nal.doc
CITY OF IO~A CITY ~
~~~>~~~~ P ~ =D-RS
Westerly e~ension of Bristol Drive SUB01-00033
Prepared by: Bob Miklo, PCD Department, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240
RESOLUTION NO. 02-06
RESOLUTION APPROVING THE PRELIMINARY PLAT OF
STONE BRIDGE ESTATES, PART 2-4, IOWA CITY, IOWA.
WHEREAS, the owner, Arlington L.C., filed with the City Clerk of Iowa City, Iowa, an application
for approval of the preliminary plat of Stone Bridge Estates, Part 2-4; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms with ail of the requirements of the City Ordinances of
the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The preliminary plat of Stone Bridge Estates, Part 2-4, Iowa City, Iowa, is hereby
approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by
law.
Passed and approved this 81:h day of ~uat-y . __ ..
"""MAYOR
~ p r0~v_ed b ,/
CIT'~LERK ' ,,6ity Atto¢/n~y~ffi/e'e ~ '/~ D~
ppdadmin\res\stonebridge2doc
Resolution No. 02-06
Page ?
It was moved by Vanderhoef and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
~ O'Donnell
X Pfab
X Vanderhoef
X Wilbum
~Prepared by: Bob Miklo, PCD Department, 410 E. Washington St., Iowa City, IA 52240;
RESOLUTION NO. 02-0~6
~RESOLUTION APPROVING THE PRELIMINARY PLAT OF IDGE ESTATES, PART 2, IOWA CITY, IOWA,
WHEREAS, the Arlington L.C., filed with the City Clerk of Iowa C Iowa, an application
for approval of the liminary plat of Stone Bridge Estates, Part 2; and
WHEREAS, the De of Planning and Community and the Public Works
Department examined }reliminary plat and recommended ap and
WHEREAS, the Planning Zoning Commission preliminary plat and, after due
deliberation, approval and
WHEREAS, the preliminary plat ,nforms with all of requirements of the City Ordinances of
the City of Iowa City, Iowa·
NOW, THEREFORE, BE IT CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The preliminary plat of Stone Brid( Part 2, Iowa City, Iowa, is hereby approved·
2. The Mayor and City Clerk City, Iowa are hereby authorized and directed
to certify this resolution, whi shall to the plat after passage and approval by
Passed and approved this _~h day of ,]anuar' ., 20 02
/
// by
ATTEST: ¥.
CIT~7-~LERK Ci~ Office
ppdadmintres\s~nebridge2doc
/
Prepared by: Maggie Grosvenor, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5400
RESOLUTION NO. 02-07
RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY SECTION 8
ADMINISTRATIVE PLAN
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 Program; and
WHEREAS, the Section 8 housing assistance program would benefit from the adoption of the
updated Section 8 Administrative Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the update of the Section 8 Administrative Plan be adopted as the policy of the Iowa City
Housing Authority effective immediately; and
2. 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 8th .day of ,]anuar,,v ,2002.
Approved by
CITY"OLERK City Attorney's Office
It was moved by Vanderhoef and seconded by 0'Donne11 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
× Pfab
X Vanderhoef
X Wilburn
hisasstYes\Resol-sec8 doc
City of Iowa City
MEMORANDUM
Date: January 2, 2002
To: Stephen J. Atkins, City Manager
Iowa City City Council
From: Maggie Grosvenor, Housing Authority Administrator
Doug Boothroy, Housing and Inspection Services Administrator
Re: The Section 8 Administrative Plan and the Public Housing Admissions and
Continued Occupancy Plan
The Department of Housing and Urban Development requires Housing Authorities to have
administrative plans to conduct business for Section 8 and Public Housing programs. The
two plans presented for your approval have been updated to comply with many legislative
changes resulting from the Quality Housing and Work Responsibility Act of 1998. The
Section 8 Administrative Plan (Admit.) was last updated in 1998. The Public Housing
Admissions and Continued Occupancy Plan(ACOP) was last updated in 1987.
The ICHA notified ail tenants, both Section 8 and Public Housing, by mail about the
updating process of these two plans. Furthermore, as required by HUD, the public was
notified by Official Publication of the 30-day comment period which allows for questions
and input. No comments were received from tenants or the public.
The plans were developed using a template format outlining many HUD statutory
requirements and include consolidation of previously adopted policies. The following is a
list of significant changes.
Section 8 Administrative Plan and Public Housing Admissions and Continued
Occupancy Plan:
1. Denial/Termination of Assistance
HUD outlines when a Housing Authority may deny admission, terminate
assistance for Section 8 clients or evict Public Housing tenants.
The standards for client accountability and admission into either the Section 8 or
the Public Housing programs are essentially the same and are more restrictive in
checking for patterns of criminal activity. The grounds for denial (see Admit. Page
17 and ACOP page 10) and termination (see Admit. page 50 and ACOP page 45)
are divided into when the ICHA must terminate or deny and when they may
terminate or deny. In general, HUD has set forth definitive standards when a
Housing Authority must terminate or deny assistance (e.g., production of
methamphetamine see Admit. page 18 and ACOP page 46) and has allowed
Housing Authorities to set stricter discretionary policies in denying or terminating
assistance (e.g., increased patterns of criminal activity). Additionally, the ICHA will
look back 5 years (formerly 3 years) regarding criminal activity (see Admit. page
19 and ACOP 10).
January 2, 2002
Page 2
2. Medical Expenses
HUD allows deductions for medical expenses for elderly/disabled clients but
Housing Authorities must define the expense. Incorporated in the plan is the IRS
publication 502, which outlines acceptable medical expenses.
Section 8 Administrative Plan Only:
1. Information given to landlords
Previous regulations required Housing Authorities to give any prospective landlord
a previous landlord's name and address. As a result of the new regulations,
Housing Authorities can provide pertinent factual information to prospective
landlords (e.g., eviction notices, lease violations, money owed to a landlord, see
Admit. page 9). This information must be listed in the plan and will assist landlords
in screening tenants.
Admissions and Continued Occupancy Plan Only:
'i. Pet Policy
HUD requires Housing Authorities to allow pets in Public Housing. The ICHA must
define a pet policy to be included in the plan (see ACOP page 41).
2. Income exclusion
HUD requires a mandatory income exclusion for all Public Housing residents who
are previously unemployed or underemployed (as defined by HUD). This affects
the amount of the rent owed the ICHA by excluding 100% of the increase of
income for 12 months and 50% exclusion of income for an additional 12 months
(see ACOP page 34).
Staff will be present at the informal council meeting to answer questions.
hisadmin/mem/planchanges doc
SECTION 8 ADMINISTRATIVE PLAN TABLE OF CONTENTS
1.0 EQUAL OPPORTUNITY .................................................................................................. 4
1.1 FAIR HOUSING ............................................................................................................... 4
1.2 REASONABLE ACCOMODATION ............................................................................... 5
1.3 SERVICES FOR NON-ENGLISH SPEAKING APPLICANTS AND
PARTICIPANTS ............................................................................................................... 5
1.4 HOUSEHOLD/OWNER OUTREACH ............................................................................5
1.5 RIGHT TO PRIVACY ...................................................................................................... 6
1.6 REQUIRED POSTINGS ................................................................................................... 6
2.0 IOWA CITY HOUSING AUTHORITY/OWNER RESPONSIBILITIES/
OBLIGATIONS OF THE HOUSEHOLD ....................................................................... 6
2.1 IOWA C1TY HOUSING AUTHORITY RESPONSIBILITIES ....................................... 7
2.2 OWNER RESPONSIBILITIES ........................................................................................ 8
2.3 OBLIGATIONS OF THE PARTICIPANT ......................................................................9
3.0 ELIGIBILITY FOR ADMISSION ................................................................................. 12
3.1 INTRODUCTION ........................................................................................................... 12
3.2 ELIGIBILITY CRITERIA .............................................................................................. 12
3.3 SPECIAL ELIGIBILITY FOR LIVE-IN AIDE ............................................... 15
4.0 APPLICATION AND WAITING LIST PROCESS ...................................................... 15
4. l OPENING AND CLOSING THE WAITING LIST ....................................................... 15
4.2 TAKING APPLICATIONS ............................................................................................ 15
4.3 ORGANIZATION OF THE WAITING LIST ................................................................ 17
4.4 FAMILIES NEARING THE TOP OF THE WAITING LIST ........................................ 17
4.5 MISSED APPOINTMENTS ........................................................................................... 17
4.6 PURGING THE WAITING LIST ................................................................................... 17
4.7 REMOVAL OF APPLICANTS FROM THE WAITING LIST ..................................... 15
4.8 GROUNDS FOR DENIAL ............................................................................................. 18
4.9 NOTIFICATION OF NEGATIVE ACTIONS ............................................................... 20
4.10 INFORMAL REVIEW .................................................................................................... 21
5.0 SELECTING FAMILIES FROM THE WAITING LIST ............................................ 21
5.1 WAITING LIST ADMISSIONS AND SPECIAL ADMISSIONS ................................ 21
5.2 PREFERENCES .............................................................................................................. 21
5.3 SELECTION FROM THE WAITING LIST .................................................................. 22
6.0 ASSIGNMENT OF BEDROOM SIZES (SUBSIDY STANDARDS) .......................... 22
6.1 BRIEFING ....................................................................................................................... 24
6.2 PACKET .......................................................................................................................... 25
6.3 iSSUANCE OF VOUCHER; REQUEST FOR APPROVAL OF TENANCY .............. 26
6.4 TERM OF THE VOUCHER ........................................................................................... 27
6.5 APPROVALTO LEASE AUNiT .................................................................................. 27
1 Ol/O3/O2
6.6 IOWA CITY HOUSiNG AUTHORITY DISAPPROVAL OF OWNER ...................... 28
6.7 iNELIGIBLE/ELIGIBLE HOUSiNG ............................................................................. 28
6.8 SECURITY DEPOSIT .................................................................................................... 29
7.0 MOVES WITH CONTINUED ASSISTANCE .............................................................. 29
7.1 PROCEDURES REGARDiNG HOUSEHOLD MOVES .............................................. 30
8.0 PORTABILITY ................................................................................................................. 30
8.1 GENERAL POLICIES OF THE IOWA CITY HOUSING AUTHORITY .................... 30
8.2 INCOME ELIGIBILITY ................................................................................................. 31
8.3 PORTABILITY: ADMINISTRATION BY RECEiVING HOUSING AUTHORITY.. 31
8.4 PORTABILITY PROCEDURES .................................................................................... 31
9.0 DETERMINATION OF HOUSEHOLD INCOME ...................................................... 33
9.1 iNCOME, EXCLUSIONS FROM iNCOME, DEDUCTIONS FROM iNCOME ......... 33
9.2 INCOME ......................................................................................................................... 34
9.3 EXCLUSIONS FROM iNCOME ................................................................................... 35
9.4 DEDUCTIONS FROM ANNUAL iNCOME ................................................................. 35
10.0 VERIFICATION ............................................................................................................... 35
10.1 ACCEPTABLE METHODS OF VERIFICATION ........................................................ 36
10.2 TYPES OF VERIFICATION .......................................................................................... 36
10.3 VERIFICATION OF CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS ........... 39
10.4 VERIFICATION OF SOCIAL SECURITY NUMBERS ............................................... 40
10.5 TIMiNG OF VERIFICATION ........................................................................................ 40
10.6 FREQUENCY OF OBTAINING VERIFICATION ....................................................... 40
11.0 RENT AND HOUSING ASSISTANCE PAYMENT ..................................................... 41
11.1 RENT REASONABLENESS .......................................................................................... 41
11.2 COMPARABILITY ........................................................................................................ 41
11.3 MAXIMUM SUBSIDY ................................................................................................. 41
11.3.1 SETTING THE PAYMENT STANDARD ...................................................................42
11.3.2 SELECTING THE CORRECT PAYMENT STANDARD FOR A HOUSEHOLD ..... 42
11.3.3 AREA EXCEPTION RENTS ...................................................................................... 43
11.4 ASSISTANCE AND RENT FORMULAS .....................................................................43
11.5 UTILITY ALLOWANCE ............................................................................................... 46
11.6 DISTRIBUTION OF HOUSING ASSISTANCE PAYMENT ....................................... 46
I 1.7 CHANGE OF OWNERSHiP .......................................................................................... 47
12.0 INSPECTION POLICIES, HOUSING QUALITY STANDARDS, AND DAMAGE
CLAIMS ............................................................................................................................. 47
12.1 HOUSING QUALITY STANDARDS (HQS) ................................................. 47
13.0 RECERTIFICATION ................................................................................................... 48
13.1 ANNUAL REEXAMINATION ...................................................................................... 48
13.1.1 EFFECTIVE DA TE OF RENT CHANGES FOR ANNUAL REEXAMINA TlONS.... 48
2 01/03/02
13.1.2 MISSED APPOINTMENTS ....................................................................................... 49
13.2 INTERIM REEXAMINATIONS .................................................................................... 49
13.2.1 SPECIAL REEXAMINATIONS ................................................................................. 50
13.2.2 EFFECTIVE DATE OF RENT CHANGES DUE TO INTERIM OR SPECIAL
REEXAMINATIONS .................................................................................................. 51
14.0 TERMINATION OF ASSISTANCE TO THE HOUSEHOLD BY THE IOWA CITY
HOUSING AUTHORITY ................................................................................................ 51
15.0 PENALTIES COMPLAINTS, INFORMAL REVIEWS FOR APPLICANTS,
INFORMAL HEARINGS FOR PARTICIPANTS ........................................................53
15.1 PENALTIES ....................................................................................... 53
15.2 COMPLAINTS .................................................................................... 53
15.3 INFORMAL REVIEWS FOR THE APPLICANT .........................................................54
15.4 INFORMAL HEARINGS FOR PARTICIPANTS .........................................................56
16.0 REPAYMENT AGREEMENTS ................................................................. 58
17.0 VISITORS ............................................................................................. 59
18.0 RENTING TO FAMILY MEMBERS .......................................................... 59
APPENDIX A INCOME GUIDELINES ............................................................ 60
APPENDIX B IOWA TENANT LANDLORD LAW ............................................. 61
APPENDIX C INTERNAL REVENUE SERVICE MEDICAL EXPENSE DEFINITION... 62
GLOSSARY ................................................................................................................................. 63
3 01/03/02
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 Voucher,
and Family Self-Sufficiency programs administered by the Iowa City Housing Authority.
The provisions of this Administrative Plan govern administration of the Section 8 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 ICHA administers the Section 8 Rental Voucher programs in the Metropolitan Statistical
Area (MSA) of Iowa City, which includes all of Johnson and parts of Iowa and Washington
Counties in 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.
1.0 EQUAL OPPORTUNITY 24CFR982.53
1.1 FAIR HOUSING
It is the policy of the Iowa City Housing Authority (ICHA) to comply fully with all
federal, state, and local nondiscrimination laws, the Americans with Disabilities Act and
the U.S. Department of Housing and Urban Development regulations governing Fair
Housing and Equal Opportunity.
No person shall, on the grounds of race, color, sex, religion, marital status, creed, sexual
orientation, gender identity, age, national or ethnic origin, familial status or disability, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under the Iowa City Housing Authority's programs.
To further its commitment to full compliance with applicable civil rights laws, the Iowa
City Housing Authority will provide federal/state/local information to applicants/tenants
of the Public Housing Program regarding discrimination and any recourse available to
them if they believe they may be victims of discrimination. Such information and all
other applicable Fair Housing information and discrimination complaint forms will be
made available at the ICHA office.
4 01/03/02
The Iowa City Housing Authority will assist any household that believes it has suffered
illegal discrimination by providing copies of the housing discrimination form. If
requested, the Iowa City Housing Authority will also assist them in completing the form
and will provide them with the address of the nearest HUD Office of Fair Housing and
Equal Opportunity.
1.2 REASONABLE ACCOMODATION 24 CFR 100.204
Individuals with disabilities may need a reasonable accommodation in order to take full
advantage of the Iowa City Housing Authority housing programs and related services.
The ICHA will provide a notice to each client that they may, at any time, request
reasonable accommodation. When such accommodations are granted, they do not confer
special treatment or advantage for the person with a disability, rather, they make the
program accessible to them in a way that would not otherwise be possible due to their
disability.
1.3 SER VICES FOR NON-ENGLISH SPEAKING APPLICANTS AND PARTICIPANTS
24 CFR 5.502
The Iowa City Housing Authority will endeavor to provide accommodations for people
who are not proficient in the English language. The City of Iowa City subscribes to a
telephone interpreter service that provides interpretation in over 140 languages. At any
time, a non-English speaking client family may request the use of this service in their
contacts with the Housing Authority.
1.4 HOUSEHOLD/OWNER OUTREACH
The Iowa City Housing Authority will publicize the availability and nature of the Section
8 Program for extremely low-income, very low and low-income families in a newspaper
of general circulation or other suitable means.
To reach persons who cannot or do not read newspapers, the Iowa City Housing
Authority may distribute fact sheets to the broadcasting media and initiate personal
contacts with members of the news media and community service personnel. The ICHA
may also try to utilize public service announcements.
The Iowa City Housing Authority will communicate the status of program availability to
other service providers in the community and advise them of housing eligibility
guidelines so that they can make proper referral of their clients to the program.
The Iowa City Housing Authority will assist managers and owners who participate in, or
who are seeking information about the Section 8 Program by:
A. Explaining how the program works;
B. Explaining how the program benefits owners;
5 01/03/02
C. Explaining owners' responsibilities under the program; and
D. Providing an opportunity for owners to ask questions, obtain written materials,
and meet ICHA staff.
1.5 RIGHT TO PRIVACY 24 CFR 5.212
All adult members of both applicant and participant households are required to sign HUD
Form 9886, Authorization for Release of Information and Privacy Act Notice. The
Authorization for Release of Information and Privacy Act Notice states how household
information will be released and includes the Federal Privacy Act Statement.
Any request for applicant or participant information received and pursuant to said
authorization will not be released unless there is a signed release of information from the
applicant or participant.
1.6 REQUIRED POSTINGS
The Iowa City Housing Authority will post in a conspicuous place, at a height easily read
by all persons, including persons with mobility disabilities, the following information:
A. The Section 8 Administrative Plan
B. Notice of the status of the waiting list (opened or closed)
C. Address of the Iowa City Housing Authority office, office hours, telephone
numbers, TDD numbers and hours of operation
D. Income Limits for Admission
E. Informal Review and Informal Hearing Procedures
F. Fair Housing Poster
G. Equal Opportunity in Employment Poster
2.0 IOWA CITY HOUSING AUTHORITY/OWNER
RESPONSIBILITIES/OBLIGATIONS OF THE
HOUSEHOLD
This section outlines the responsibilities and obligations of the Iowa City Housing
Authority, the Section 8 landlords and the participating families.
6 01/03/02
2.1 IOWA CITY HOUSING .4 UTHORITY RESPONSIBILITIES
A. Thc Iowa City Housing Authority will comply with thc consolidated HUD
Annual Contributions Contract (ACC), the application, HUD regulations and
other requirements and thc Iowa City Housing Authority Section 8 Administrative
Plan. 24 CFR982.153
B. In administering the program, the Iowa City Housing Authority must:
1. Publish and disseminate information about the availability and nature of
housing assistance under the program
2. Explain the program to owners and families
3. Seek expanded opportunities for assisted families to locate housing in all
locations
4. Encourage owners to make units available for leasing in the program
5. Further fair housing goals and comply with equal opportunity
requirements
6. Make efforts to help disabled persons find satisfactory housing
7. Receive applications from families, determine eligibility, maintain the
waiting list, select applicants, issue a voucher to each selected household
and provide housing information to families selected
8. Determine who can live in the assisted unit at admission and during the
household's participation in the program
9. Obtain and verify evidence of citizenship and eligible immigration status
in accordance with 24 CFR, Part 5
10. Review the household's request for approval of tenancy
11. Inspect the unit before the assisted occupancy begins and at least annually
during the assisted tenancy
12. Determine the amount of the housing assistance payment for a household
13. Determine the maximum rent to the owner and whether the rent is
reasonable
14. Make timely housing assistance payments to an owner in accordance with
the HAP contract
7 01/o3/02
15. Examine household income, size and composition at admission and during
the household's participation in the program. The examination includes
verification of income and other household information
16. Establish and adjust the Iowa City Housing Authority's utility allowance
17. Administer and enforce the Housing Assistance Payments Contract with
an owner including taking appropriate action as determined by thc ICHA,
if the owner defaults (e.g., HQS violation)
18. Determine whether to terminate assistance to a participant household for
violation of household obligations
19. Conduct informal reviews of certain ICHA decisions concerning
application for participation in the program
20. Conduct informal hearings on certain ICHA decisions concerning
participant families
21. Provide sound financial management of the program, including engaging
an independent public accountant to conduct audits
22. Administer a Family Self Sufficiency Program
2.2 OWNER RESPONSIBILITIES 24 CFR 982.452
A. The owner is responsible for performing all of the owner's obligations under the
HAP contract and the lease.
B. The owner is responsible for:
1. Performing all management and rental functions for the assisted unit,
including selecting a voucher holder to lease the unit and deciding if the
household is suitable for tenancy of the unit
2. Maintaining the unit in accordance with HQS, including performance of
ordinary and extraordinary maintenance
3. Complying with equal opportunity requirements
4. Preparing and furnishing to the ICHA, information required under the
HAP contract
5. Collecting from the household:
8 01/03/02
a. Any security deposit required under the lease
b. The tenant contribution (the part of rent to owner not covered by
the housing assistance payment)
c. Any charges for unit damage by the household
6. Enforcing tenant obligations under the lease
7. Paying for utilities and services (unless paid by the household under the
lease)
C. For provisions on modifications to a dwelling unit occupied, or to be occupied by,
a person with disabilities 24 CFR 100.203
D. Screening is the responsibility of the mvner. Upon request, the Housing Authority
will also supply the following factual information if known:
1. Drag related or violent criminal activity
2. Landlord evictions
3. Lease violations
4. Termination of housing assistance
5. Client's current address, name and previous landlord contact
2.3 OBLIGATIONS OF THE PARTICIPANT 24 CFR 982.551
This section states the obligations of a participant household under the program.
A. Supplying Required Information
1. The household must supply any information that the ICHA or HUD
determines is necessary in the administration of the program, including
submission of required evidence of citizenship or eligible immigration
status. Information includes any requested certification, release or other
documentation.
2. The household must supply any information requested by ICHA or HUD
for use in a regularly scheduled reexamination or interim reexamination of
household income and composition in accordance with HUD
requirements.
9 01/03/o2
3. The household must provide social security cards and certified birth
certificates for all members and photo identification for adult members,
and must sign and submit consent forms for obtaining information.
4. Any information supplied by the household must be true and complete.
B. HQS Breach Caused by the Household
The household is responsible for any HQS breach caused by the household or its
guests who are under the household's control.
C. Allowing Iowa City Housing Authority Inspection
The household must allow the ICHA to inspect the unit at reasonable times and
after at least 24 hours notice.
D. Violation of Lease
The household may not commit any serious or repeated violation of the lease.
E. Household Notice of Move or Lease Termination
The household must provide the ICHA with a 30-day written notice before the
household moves out of the unit or terminates the lease by a notice to the owner.
The household must provide notice to move or terminate the lease to the landlord
in accordance with the terms of the lease.
F. Owner Eviction Notice
The household must promptly give the ICHA with a copy of any owner eviction
notice it receives.
G. Use and Occupancy of the Unit
1. The household must use the assisted unit for a residence by the household.
The unit must be the household's only residence.
2. The Iowa City Housing Authority must approve the composition of the
assisted household residing in the unit after receiving written approval
from the landlord. The household must promptly inform ICHA of the
birth, adoption or court-awarded custody of a child. The household must
request approval from the ICHA to add any other household member as an
occupant of the unit. No other person (i.e., no one but members of the
assisted household) may reside in the unit (except for a foster child/foster
adult or live-in aide as provided in paragraph four (4) of this section.)
10 01/03/02
3. The household must promptly notify the Iowa City Housing Authority if
any household member no longer resides in the unit.
4. If the ICHA has given approval, a foster child/foster adult or a live-in aide
may reside in the unit.
5. Members of the household may engage in legal profit making activities in
the unit, but only if such activities are incidental to primary use of the unit
for residence by members of the household. Any business uses of the unit
must comply with zoning requirements and the affected household
member must obtain all appropriate licenses and landlord approval if
required by the lease.
6. The household must not sublease or sublet the unit.
7. The household must not assign the lease or transfer the unit.
H. Absence from the Unit
The household must supply any information or certification requested by the Iowa
City Housing Authority to verify that the household is living in the unit, or
relating to household absence from the unit, including ICHA requested
information or certification on the purposes of household absences. The
household must cooperate with the ICHA for this purpose. The household must
promptly notify the Iowa City Housing Authority of any absence from the unit.
Absence means that no member of the household is residing in the unit. The
household may be absent from the unit for up to 30 days. The household must
request permission from the Iowa City Housing Authority for absences exceeding
30 days. An authorized absence may not exceed 180 days. Any household absent
for more than 30 days without authorization will be terminated from the program.
Authorized absences may include, but are not limited to:
1. Prolonged hospitalization
2. Absences beyond the control of the household (e.g., death in the
household, other household member illness)
3. Other absences that are deemed necessary by the Iowa City Housing
Authority
I. Interest in the Unit
The household may not own or have any interest in the unit (except for owners of
manufactured housing renting the manufactured home space.)
11 01/03/02
J. Fraud and Other Program Violation
The members of the household must not commit fraud, bribery, or any other
corrupt or criminal act in connection with the program.
K. Crime by Household Members
The members of the household may not engage in drug-related criminal activity
or other violent criminal activity.
L. Other Housing Assistance
An assisted household, or members of the household, may not receive Section 8
tenant-based assistance while receiving another housing subsidy, for the same unit
or for a different unit, under any duplicative (as determined by HUD or in
accordance with HUD requirements) federal, state or local housing assistance
program.
3.0 ELIGIBILITY FOR ADMISSION
$.1 INTRODUCTION
There are six (6) eligibility requirements for admission to the Section 8 Program: 1)
Qualifies as a family 2) Has an income within the income limits 3) Meets
citizenship/eligible immigrant criteria 4) Provides documentation of social security
numbers 5) Signs consent authorization documents 6) Has not been involved in drug-
related or violent criminal activity or has not displayed a pattern of other criminal
behavior in the past 5 years (See page 19 (F)).
3.2 ELIGIBILITY CRITERIA
A. Family status 24 CFR 982.201(c)
A family is defined as:
1. A single person 62 years or older
2. A disabled person either who is 18 years or older and is not declared as a
dependent by a parent or guardian or who is a dependent living in a group
home or similar supervised residence.
3. A household with a child or children who resides in the unit 51% of the
time (A child who is temporarily away from the home because of
placement in foster care is considered a member of the family)
12 01/03/02
4. 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
5. Two or more persons related by blood, man/age, domestic partnership
(certified by City of Iowa City Clerk), adoption or placement by a
governmental or social service agency, as defined by City of Iowa City
code
B. Income eligibility 24 CFR 982.201(b)
1. To be eligible to receive assistance, a household shall, at the time the
household initially receives assistance under the Section 8 Program, be a
low-income household that is:
a. A very low-income household (50% below median income); or
b. A low-income household continuously assisted under the 1937
Housing Act (80% below median income).
30% of median income is defined as an income targeting standard which
HUD requires the ICHA to admit 75% of all new admissions under this
level.
2. Income limits apply only at admission and are not applicable for continued
occupancy; however, as income rises, the assistance will decrease.
3. The applicable income limit for issuance of a voucher is the highest
income limit for the household size for areas within the ICHA's
jurisdiction. The applicable income limit for admission to the program is
the income limit for the area in which the household is initially assisted in
the program. The household may only use the voucher to rent a unit in an
area where the household is income eligible at admission to the program.
4. Families who are moving into the ICHA's jurisdiction under portability
and have the status of applicant rather than of participant at their initial
housing authority, must meet the income limit for the area where they are
assisted under the program.
5. Families who are moving into the Iowa City Housing Authority's
jurisdiction under portability and are already program participants at their
initial housing authority do not have to meet the income eligibility
requirement for the ICHA Section 8 Program.
6. Income limit restrictions do not apply to families transferring units within
the ICHA Section 8 Program.
13 01/03/02
C. Citizenship/Eligible Immigrant status 24 CRF 5.500
To be eligible, each member of the household must be a citizen, national, or a
noncitizen who has eligible immigration status under one of the categories set
forth in Section 214 of the Housing and Community Development Act of 1980
(see 42 U.S.C. 1436a(a)).
Household eligibility for assistance:
1. A household shall not be eligible for assistance unless every member of
the household residing in the unit is determined to have eligible status,
with the exception as described in paragraph two (2) below.
2. Despite the ineligibility of one or more household members, a mixed
household may be eligible for one of three types of assistance. (See
Section 11.5(K) for calculating rents under the noncitizen rule)
D. Social Security Number Documentation 24 CFR 5.216
To be eligible, all household members are required to provide a social security
number. All household members will be required to provide social security cards.
E. Signing Consent Forms 24 CFR 5.230
1. In order to be eligible each member of the household who is at least 18
years of age and each household head and spouse regardless of age, shall
sign one or more consent forms.
2. The consent form must contain, at a minimum, the following:
a. A provision authorizing HUD and the ICHA to obtain from Iowa
Workforce Development Center any information or materials
necessary to complete or verify the application for participation or
for eligibility for continued occupancy;
b. A provision authorizing HUD and ICHA to verify with previous or
current employers income information pertinent to the household's
eligibility for, or level of, assistance;
c. A provision authorizing HUD and the ICHA to request income
information from the IRS, Department of Human Services, and the
Social Security Administration for the sole purpose of verifying
income information pertinent to the household's eligibility or level
of benefits; and
14 01/03/02
d. A statement that the authorization to release the information
requested by the consent form expires 15 months after the date the
consent form is signed.
F. Screening Criteria.
The Iowa City Housing Authority determines eligibility for participation and will
conduct criminal background checks on all household members, including live-in
aides pursuant to CFR 24 5.903. This check will be made through state or local
law enforcement or court records. If the individual has lived outside the local
area, the ICHA may contact law enforcement agencies, courthouse records, where
the individual had lived or request a check through the FBI's National Crime
Information Center (NCIC). The ICHA will check with the state sex offender
registration program and will ban for life any individual who is registered as a
lifetime sex offender.
3.3 SPECIAL ELIGIBILITY PROVISIONS RELATING TO LIVE-IN AIDE (24 CFR
5.403, 982.316)
A family may include a live-in aide who:
A. Has been verified by the ICHA to be essential to the care and well being of the
elderly, handicapped or disabled;
B. Is not obligated for the support of the elderly, handicapped or disabled member;
C. Would not be living in the unit except to provide care of the elderly, handicapped
or disabled member;
D. Has income which will not be counted for purposes of eligibility or rent; and
E. May not be considered the remaining member of the household.
4.0 APPLICATION AND WAITING LIST PROCESS
4.1 OPENING AND CLOSING THE WAITING LIST
Opening of the waiting list will be announced via public notice that applications for
Section 8 will again be accepted. The public notice will state where, when and how to
apply. The notice will be published in a local newspaper of general circulation. The
public notice will state any limitations to who may apply. 24 CFR 982.206 (a)
The notice will be in compliance with Fair Housing requirements.
4.2 ACCEPTING AND PROCESSING APPLICATIONS 24 CFR 982.202
15 01/03/02
Families wishing to apply for the Section 8 Program will be required to complete an
application for housing assistance.
Applications may be made in person at the Iowa City Housing Authority, 410 E.
Washington Street, Iowa City, Iowa 52240 during posted times. Applications will be
mailed to families upon request for special accommodation.
Applications are taken to compile a waiting list. Due to the demand for Section 8
assistance in the Iowa City Housing Authority jurisdiction, the Iowa City Housing
Authority may take applications on an open enrollment basis depending on the length of
the waiting list.
When the waiting list is open, completed applications will be accepted from all
applicants. The Iowa City Housing Authority will later verify the information in the
applications relevant to the applicant's eligibility, admission and level of benefit.
The completed application will be dated and time stamped upon its return to the Iowa
City Housing Authority.
Persons with disabilities who require a reasonable accommodation in completing an
application may call the Iowa City Housing Authority to make special arrangements to
complete their application. A Telecommunication Device for the Deaf (TDD) is available
for the hearing impaired. The TDD telephone number is (319) 356-5404.
The application process will involve two phases. The first phase requires the household to
provide limited basic information including name, address, phone number, household
composition and household unit size, racial or ethnic designation, income and
information establishing any preferences to which they may be entitled. This first phase
results in the household's placement on the waiting list.
Upon receipt of the family's application, the Iowa City Housing Authority will make a
preliminary determination of eligibility. The Iowa City Housing Authority will notify the
household in writing of the date and time of placement on the waiting list and the
approximate amount of time before housing assistance may be offered. If the Iowa City
Housing Authority determines the household to be ineligible, the notice will state the
reasons therefore and offer the household the opportunity for an informal review of this
determination.
An applicant must, at any time, report changes in their applicant status in writing
including changes in household composition, income, or preference factors. The Iowa
City Housing Authority will annotate the applicant's file and will update their placement
on the waiting list.
The second phase is the final determination of eligibility. The full application takes place
when the household nears the top of the waiting list. The Iowa City Housing Authority
will ensure that verification of all preferences, eligibility and suitability selection factors
16 01/03/02
are current in order to determine the household's final eligibility for admission into the
Section 8 Program.
4.3 ORGANIZATION OF THE WAITING LIST 24 CFR 982.204
The waiting list will be maintained in accordance with the following guidelines:
A. The application will be part of an active applicant's/tenant's permanent file. All
inactive applications will be keep for three (3) years.
B. All applications will be maintained in order of preference and then in order of
date and time of application.
C. Contact or communication between the ICHA and the applicant will be
documented in the applicant file.
4.4 FAMILIES NEARING THE TOP OF THE WAITING LIST
When a household appears to be nearing the top of the waiting list, the household
verification process will begin. It is at this point that the household's waiting list
preference will be verified. If the household no longer qualifies to be near the top of the
list, the household's name will be returned to the appropriate spot on the waiting list by
date and time. The Iowa City Housing Authority must notify the household in writing of
this determination and give the household the opportunity for an informal review.
If not already done, the family will provide copies of social security cards, certified birth
certificates, photo identification for all adult members, citizenship/eligible immigrant
information and sign the consent for release of information forms.
4.5 MISSED APPOINTMENTS
All applicants who fail to keep a scheduled appointment in accordance with the
paragraph below will be sent a notice of denial.
The Iowa City Housing Authority will allow the household to reschedule appointments
for good cause, as determined by the ICHA. Generally, no more than one opportunity
will be given to reschedule without good cause and no more than two opportunities for
good cause. When a good cause exists, the Iowa City Housing Authority will work
closely with the household to find a more suitable time.
4.6 PURGING THE WAITING LIST
If necessary the Iowa City Housing Authority will update and purge its waiting list
annually to ensure the pool of applicants reasonably represents interested families.
17 01/03/02
4. 7 REMOVAL OF APPLICANTS FROM THE WAITING LIST 24 CFR 982.204
The Iowa City Housing Authority will not remove an applicant's name from the waiting
list unless:
A. The applicant requests in writing that their name be removed;
B. The applicant fails to respond to a written request for information or a request to
declare their continued interest in the program (this includes mail undeliverable
by the Postal Service which is returned to the ICHA) or misses scheduled
appointments; or
C. The applicant does not meet either the eligibility or screening criteria for the
program.
Application forms from applicants removed from the waiting list will be destroyed three
(3) year from date of removal.
4.8 GROUNDS FOR DENIAL 24 CFR 982.553
The Iowa City Housing Authority must prohibit admission to applicants who:
A. Have any household member who was evicted from federally assisted housing for
drug related criminal activity within the last three years (use date of eviction)
24 CFR 982.553 (a)(1)(i)
B. Have any household member currently engaged in illegal use of drugs.
24 CFR 982.553 (a)(1)(ii)(A)
C. Have any household member who has illegal drug use or pattern of illegal drug
use may threaten the health, safety, or right to peaceful enjoyment of the
premises. 24 CFR 982.553 (a)(1)(ii)(B)
The ICHA may admit the household iff
1. The evicted household member who engaged in drug-related criminal
activity successfully completed a supervised drug rehabilitation program
approved by the ICHA or
2. The circumstances leading to eviction no longer exist (e.g. the criminal
household member has died or is imprisoned
D. Have a household member who has been convicted of manufacturing or
producing methamphetamine (speed) on the premises of federally assisted
housing; 24 CFR 982.553 (a)(1)(ii)(c)
18 01/03/02
E. Have a household member with a lifetime registration under a State sex offender
registration program (member will be denied for life). 24 CFR 982.553 (a)(2)(i)
The Iowa City Housing Authority must prohibit assistance to applicants who:
A. Do not meet any one or more of the eligibility criteria;
B. Do not supply information or documentation required by the application process;
24 CFR 982.552 (b)(4)
The Iowa City Housing Authority may prohibit assistance to applicants who:
A. Fail to respond to a written request for information or a request to declare their
continued interest in the program;
B. Fail to complete any aspect of the application or lease-up process;
C. Currently owe rent or other outstanding debts to the ICHA, any other housing
authority in connection with the public housing or Section 8 Programs or other
Federally Assisted Housing; 24 CFR 982.552 (c)(1)(v)
D. Have committed fraud, bribery, or any other corrupt or criminal act in
connection with any Federal housing assistance program, including the intentional
misrepresentation of information related to their housing application or benefits
derived there from; 24 CFR 982.552 (c)(1)iv)
E. Have a household member who has been terminated under the Certificate or
Voucher Program during the last three years;
F. Have a household member who is or has within the 5 years from application date
engaged in one of the following:
I) Drug-related criminal activity
2) Violent criminal activity
3) Other criminal activity which may threaten the health, safety, or right to
peaceful enjoyment of the premises by other residents or persons residing
in the immediate vicinity
4) Other criminal activity which may threaten the health or safety of the
owner, property management staff, or persons performing a contract
administration or responsibility on behalf of the ICHA(including an ICHA
employee or an ICHA contractor, subcontractor or agent).
19 01/03/02
In determining whether to deny or terminate assistance because of action or
failure to act by members of the family:
(i) The PHA may consider all relevant circumstances such as the
seriousness of the case, the extent of participation or culpability
of individual family members, mitigating cimumstances related to
the disability of a family member, and the effects of denial or
termination of assistance on other family members who were not
involved in the action or failure.
(ii) The PHA may impose, as a condition of continued assistance for
other family members, a requirement that other family members
who participated in or were culpable for the action or failure will
not reside in the unit. The PHA may permit the other members of
a participant family to continue receiving assistance.
(iii) In determining whether to deny admission or terminate assistance
for illegal use of drugs or alcohol abuse by a household member
who is no longer engaged in such behavior, the PHA consider
whether such household member is participating in or has
successfully completed a supervised drag or alcohol rehabilitation
program, or has otherwise been rehabilitated successfully (42
U.S.C. 13661). For this purpose, the PHA may require the
applicant or tenant to submit evidence of the household member's
current participation in, or successful completion of, a supervised
drug or alcohol rehabilitation program or evidence of otherwise
having been rehabilitated successfully.
(iv) If the family includes a person with disabilities, the PHA decision
concerning such action is subject to consideration of reasonable
accommodation in accordance with part 8 of this title.
(v) Nondiscrimination limitation. The PHA's admission and eviction
actions must be consistent with fair housing and equal
opportunity provisions of Sec. 5.105 of this title.
4.9 NOTIFICATION OF NEGATIVE ACTIONS
Any applicant whose name is being removed from the waiting list will be notified by the
Iowa City Housing Authority, in writing, that they have ten (10) calendar days, from the
date of the written correspondence, to present mitigating circumstances or request an
informal review. The letter will also indicate that their name will be removed from the
waiting list if they fail to respond within the time frame specified. The Iowa City Housing
Authority's system of removing applicants' names from the waiting list will not violate
the rights of persons with disabilities. If an applicant's failure to respond to a request for
information or updates was caused by the applicant's disability, the Iowa City Housing
Authority will provide a reasonable accommodation. If the applicant indicates that they
20 01/03/02
did not respond due to a disability, the Iowa City Housing Authority will verify that theru
is in fact a disability and that the accommodation they are requesting is necessary based
on the disability. An example of a reasonable accommodation would be to reinstate the
applicant on the waiting list based on the date and time of the original application.
4.10 INFORMAL REVIEW
If the Iowa City Housing Authority determines that an applicant does not meet the criteria
for receiving Section 8 assistance, the Iowa City Housing Authority will promptly
provide the applicant with written notice of the determination. The notice must contain a
brief statement of the reason(s) for the decision and state that the applicant may request
an informal review of the decision within ten (10) calendar days of the denial. The Iowa
City Housing Authority will describe how to obtain the informal review. The informal
review process is described in Section 16.2 of this plan.
5.0 SELECTING FAMILIES FROM THE WAITING LIST
5.1 WAITING LIST ADMISSIONS AND SPECIAL ADMISSIONS 24 CFR 982.203
AND .204
The Housing Authority may admit an applicant for participation in the program either as
a special admission or as a waiting list admission.
If HUD awards funding that is targeted for families with specific characteristics (e.g.
Family Unification Program (FUP), or families living in specific units (e.g. HUD project
based opt out), the Iowa City Housing Authority will use the special admission for those
families.
$.2 PREFERENCES 24 CFR 982.207
The Iowa City Housing Authority will select families based on the following preference:
A. Displaced: Individuals or families displaced by government action or whose
dwelling has been extensively damaged or destroyed as a result of a disaster
declared or otherwise formally recognized pursuant to federal disaster relief laws.
B. Life Threatening Housing: Individuals or families living in a privately operated
homeless shelter designed to provide temporary living accommodations, or a
person living on the street, in a car, tent, or other structure not suitable for
habitation as can be documented by the Emergency Housing Project (EHP) in
Iowa City_; or
Individuals or families living in a privately operated domestic violence shelter
designed to provide temporary living accommodations or a person who is a victim
21 Ol/O3/O2
of domestic violence who can identify housing as a primary barrier to safety as
can be documented by the Domestic Violence Intervention Proeram in Iowa City.
5.3 SELECTION FROM THE WAITING LIST 24 CFR 982.204
The date and time of application will be utilized to determine the admission sequence for
all applicants including special admission within the above-prescribed preferences.
Notwithstanding the above, if necessary to meet the statutory requirement that 75% of
newly admitted families in any fiscal year be families who are extremely low-income as
defined by HUD, see Appendix A, the Iowa City Housing Authority retains the right to
skip higher income families on the waiting list to reach extremely Iow-income families.
This measure will only be taken if it appears the goal will not otherwise be met. To
ensure this goal is met, the Housing Authority will monitor incomes of newly admitted
families and the income of the families on the waiting list.
If there are not enough extremely low-income families on the waiting list, the ICHA will
conduct outreach on a non-discriminatory basis to attract extremely low-income families
to reach the statutory requirement.
6.0 ASSIGNMENT OF BEDROOM SIZES (SUBSIDY
STANDARDS) 24 CFR 982.402
The intent of HUD requirements is that the smallest appropriate bedroom size be
assigned to participant families without overcrowding.
Subsidy assignments will allow at least one bedroom for each two persons
Subsidy will be determined using the following guidelines:
A. A one-bedroom subsidy will be assigned to a single adult with a child under the age
of one (1).
B. A one-bedroom subsidy will be assigned for two children of the same sex regardless
of age.
C. A one-bedroom subsidy will be assigned for children of the opposite sex who are both
under the age of five (5).
D. An additional one-bedroom subsidy will be added for a live-in aide.
E. An unborn child will not be counted in determining subsidy standards with the
exception of a single pregnant woman.
22 01/03/02
F. A one-bedroom subsidy will be assigned for every two adults (over the age of 18)
regardless of relationship.
G. In the case of shared custody of a child (children), the child (children) must be in the
household no less than 51% of the time to be considered when determining subsidy.
Pending custody issues will be evaluated on a case by case basis taking into account the
reasonable likelihood of success. The household may be required to provide written
verification that a child resides with the family such as a court order, school registration
documents, etc.
H. No assignments of bedroom size on a Voucher will be made which require use of the
living room for sleeping (although the family may choose to do this.)
I. In determining bedroom size, the Iowa City Housing Authority will include children
who are temporarily away from home because of placement in foster care. Temporary
is defined as less than one year.
J. Subsidy allowances will be adjusted accordingly for foster parents who have not had a
foster child in placement for over one year.
The Iowa City Housing Authority may grant exceptions to its established subsidy
standards if the ICHA determines the exception is justified by the age, sex, handicap, or
relationship of family members or other personal circumstance. The ICHA will review
documents from DHS, physicians, or other similar sources to make this determination.
The household unit size will be determined by the Iowa City Housing Authority in
accordance with the above guidelines and will determine the maximum rent subsidy for
the household. However, the household may select a unit that is larger or smaller than
the household unit size. If the household selects a smaller unit, the payment standard
for the actual unit size will be used to calculate the subsidy. If the household selects a
larger size unit, the payment standard for the issued voucher size will determine the
maximum subsidy.
The Iowa City Housing Authority will issue a voucher for a particular bedroom size;
the bedroom size is a factor in determining the household's level of assistance. The
following guidelines will determine each household's unit size without overcrowding
or over-housing:
23 01/03/02
Number of Bedrooms Number of Persons
~ Minimum Maximum
0 1 1
1 1 2
2 2 4
3 3 6
4 4 8
5 5 10
6.1 BRIEFING 24 CFR 982.301(,4)
When the Iowa City Housing Authority selects a household from the waiting list and
determines eligibility, the household will be invited to attend a briefing explaining how
the program works. In order to receive a voucher the household is required to attend the
briefing. If they cannot attend the originally scheduled briefing, they may attend a later
session. If the household fails to attend one of the three offered briefings, they will be
denied admission.
If an applicant with a disability requires auxiliary aids to gain full benefit from the
briefing, the Housing Authority will furnish such aids where doing so would not result in
a fundamental alteration of the nature of the program, or an undue financial or
administrative burden. In determining the most suitable auxiliary aid, the housing
authority will give primary consideration to the requests of the applicant. Families unable
to attend a briefing due to a disability may request a reasonable accommodation.
The briefing will cover at least the following subjects:
A. A description of how the program works;
B. Household and owner responsibilities;
C. Where the household may rent a unit, including inside and outside the housing
authority' s jurisdiction;
D. Types of eligible housing;
E. An explanation of how portability works;
F. An explanation of the advantages of living in an area that does not have a high
concentration of low-income families; and
24 01/03/02
G. An explanation that the household share of rent may not exceed 40% of the
household's monthly adjusted income.
6.2 BRIEFING PACKET 24 CFR 98Z301 (B)
During the briefing, the ICHA is required to give the household a briefing packet
covering at least the following subjects:
A. The term of the voucher and the ICHA's policy on extensions and suspensions of
the term, how to request an extension;
B. How the ICHA determines the housing assistance payment (HAP) and total tenant
payment (TTP) for the household;
C. Information on the payment standard, exception payment standard rent areas and
the utility allowance schedule;
D. How the ICHA determines the maximum rent for an assisted unit;
E. Where the household may lease a unit and an explanation of how portability
works;
F. The HUD-required tenancy addendum that provides the language that must be
included in any assisted lease;
G. The Request for Tenancy Approval form and an explanation of how to request
ICHA approval of a unit;
E. A statement of the ICHA's policy on providing information to prospective
owners. This policy requires applicants to sign disclosure statements allowing the
Iowa City Housing Authority to provide prospective owners with the household's
current and prior addresses and the names and addresses of the landlords for those
addresses. Upon request, the ICHA will also supply the following factual
information, if known:
1. Drag-related or violent criminal activity
2. Landlord evictions
3. Lease violations
4. Terminationofhousing assistance
I. The ICHA's subsidy standards, including when the ICHA will consider granting
exceptions to the standards;
25 01/03/02
J. The HUD brochure on how to select a unit ("A Good Place to Live");
K. The HUD-required lead-based paint brochure;
L. Information on federal, state and local equal opportunity laws; the brochure "Fair
Housing: It's Your Right", and a copy of the housing discrimination complaint
form;
M. A list of landlords or other parties known to the Iowa City Housing Authority who
may be willing to lease a unit to the household or help the household find a unit;
N. Notice that if the household includes a person with disabilities, the household may
request a current list of accessible units known to the Iowa City Housing
Authority that may be available;
O. The family's obligations under the program;
P. The grounds upon which the Housing Authority may terminate assistance because
of the household's action or inaction;
Q. Iowa City Housing Authority informal hearing procedures, including when the
Housing Authority is required to provide the opportunity for an informal hearing,
and information on how to request a hearing; and
R. Other information; e.g. FSS, change of income/family composition form.
6.3 ISSUANCE OF VOUCHER: REQUEST FOR TENANCY APPROVAL (RFTA)
24 CFR 982.302
Once all household information has been verified, eligibility determined and their subsidy
calculated, the Iowa City Housing Authority will issue a voucher to the household when
they attend the briefing. At this point the household begins their search for a unit.
When the household finds a unit that the owner is willing to lease under the program, the
household and the owner will complete and sign the RFTA form. The household will
submit the proposed lease and the RFTA form to the ICHA during the term of the
voucher. The ICHA will review and make an initial determination for approval of
tenancy. The ICHA may assist in negotiating changes that may be required for the
tenancy to be approvable. Once it appears the tenancy may be approvable, ICHA will
schedule an appointment to inspect the unit within 15 days after the receipt of the RFTA.
The 15 day period is suspended during any period the unit is unavailable for inspection.
The ICHA will promptly notify the owner and the household whether the unit and
tenancy is approved.
During the initial stage of qualifying the unit, the ICHA will provide the prospective
26 01/03/02
owner, upon request, with information regarding the program. Information can include
Housing Authority and owner responsibilities for screening and other essential program
elements.
All tenant screening is the responsibility of the owner.
6.4 TERM OF THE VOUCHER 24 CFR 982.303
The initial term of the voucher will be 120 days and will be stated on the Housing Choice
Voucher.
The Iowa City Housing Authority may grant one extension of the term, but the initial
term plus any extension will not exceed 180 calendar days from the initial date of
issuance. To obtain an extension, the household must make a request in writing prior to
the expiration date. If the household documents their efforts and additional time can
reasonably be expected to result in success, the ICHA will grant the length of request
sought by the household, or 60 days, whichever is less.
If the household includes a person with disabilities and the household requires an
extension due to the disability, the ICHA will grant an extension allowing the household
the full 180 days search time.
Upon submission of a completed RFTA, the Iowa City Housing Authority will suspend
the term of the voucher, this is referred to as "tolling." The term will be in suspension
until the date the RFTA has been approved or denied which may be after the owner
makes any necessary repairs. This policy allows families the full term (120 days, or mom,
with extensions) to find a unit, not penalizing them for the period during which the ICHA
is taking action on their request. Tolling is not allowed for arbitrary decisions by the
tenant to no longer rent the specified unit.
6.5 APPROVAL TO LEASE A UNIT 24 CFR 982.353
The Iowa City Housing Authority will approve a tenancy if all of the following
conditions are met:
A. The unit is eligible;
B. The unit is inspected by the Housing Authority and passes inspection;
C. The lease includes the language of the tenancy addendum;
D. The rent to owner is reasonable;
E. The household's share of the rent does not exceed 40% of their monthly adjusted
income;
27 01/03/o2
F. The owner has not been found to be debarred, suspended, or subject to a limited
denial of participation by HUD or the Housing Authority; and
G. The household continues to meet all eligibility and screening criteria.
If tenancy approval is denied, the Housing Authority will advise the owner and the
household of any actions they could take that would enable the Housing Authority to
approve the tenancy.
The assisted lease term may begin only after all of the following conditions are met:
A. The unit passes the Iowa City Housing Code/HQS inspection;
B. The household's share of rent does not exceed 40% of their monthly adjusted
income;
C. The landlord and tenant sign the lease to include the HUD required addendum;
and
D. The Housing Authority approves the assisted tenancy.
The Housing Authority will prepare the HAP contract when the unit is approved for
tenancy. The Housing Authority will not pay any housing assistance to the owner until
the contract is executed and a signed lease is received by the ICHA.
In no case will the contract be executed later than 60 days after the beginning of the lease
term.
Any contract executed after the 60-day period will be void and the Housing Authority
will not pay housing assistance to the owner.
6.6 IOWA C1TY HOUSING AUTHORITY DISAPPROVAL OF OWNER
The Housing Authority will deny participation by an owner at the direction of HUD. The
Housing Authority will also deny the owner's participation for any of the reasons per 24
CFR 982.453
6. 7 INELIGIBLE/ELIGIBLE HOUSING
Certain types of housing may not be assisted under the Section 8 Tenant-Based Program.
24 CFR 982.601
Exceptions: The Iowa City Housing Authority will approve a lease for any of the
following special housing types as a reasonable accommodation for a household with
disabilities:
28 01/03/02
A. Congregate housing
B. Group homes
C. Shared housing
D. Cooperative housing
E. Single room occupancy housing
The Iowa City Housing Authority will approve leases for the following housing types:
A. Single household dwellings
B. Apartments/Duplex/Condominiums/Townhouse
C. Manufactured housing
D. Manufactured home space rentals
6.8 SECURITYDEPOSIT 24 CFR 982.313
The owner may collect a security deposit from the tenant in an amount not in excess of
amounts charged in private market practice and not in excess of amounts charged by the
owner to unassisted tenants per Iowa Code §562A.12. See appendix B.
7.0 MOVES WITH CONTINUED ASSISTANCE 24 CFR 982.314
Participating families are allowed to move to another unit after the initial lease term has
expired or if the landlord and the participant have mutually agreed to terminate the lease,
or if the Housing Authority has terminated the HAP contract. The Iowa City Housing
Authority will issue the household a new voucher if the following apply:
A. The household does not owe the Iowa City Housing Authority or any other
Housing Authority money,
B. The household has not violated a Family Obligation,
C. The household has not moved within the last 12 months,
D. The ICHA has sufficient funding for continued assistance, and
E. The household has fulfilled lease obligations and proper notice has been give to
the landlord and the ICHA.
29 01/03/02
(In special circumstances, if the move is necessitated for a reason other than household choice,
the 12-month requirement can be waived upon ICHA approval.)
7.1 PROCEDURES REGARDING HOUSEHOLD MOVES 24 CFR 982.314
Families are required to give the ICHA proper written notice (no less than 30 days) of
their intent to vacate the unit. During the lease, families may not end the lease. Owners
may generate a request to the tenant to mutually agree to end the lease. If the household
moves from the unit before the initial term of the lease ends without the owner's and the
Iowa City Housing Authority's approval, it will be considered a serious lease violation, a
violation of family obligation, and subject the household to termination from the
program.
The household is required to give the Iowa City Housing Authority a copy of notice to
terminate the lease at the same time as it gives the notice to the landlord. A household's
failure to provide a copy of the lease termination notice to the Iowa City Housing
Authority will be considered a violation of Family Obligations and may cause the
household to be terminated from the program.
The ICHA provides a standard notice to vacate form for the client. The ICHA also
provides a standard rescind notice to the owner if requested.
Families participating in the Housing Choice Voucher Program will not be allowed to
move more than once in any 12-month period and under no circumstances will the ICHA
allow a participant to improperly break a lease. Under extraordinary circumstances the
ICHA may consider allowing more than one move in a 12-month period.
If a family has moved out of their assisted unit in violation of the lease, the ICHA will
not issue a voucher and will terminate assistance in compliance with Section 17.0,
Grounds for Termination of the Lease and Contract.
Failure to follow the above procedures may subject the household to termination from the
program.
8.0 PORTABILITY 24 CFR982.355
8.1 GENER,4L POLICIES OF THE ICH~4 24 CFR 982.353
A family, whose head of household or spouse has a domicile (legal residence) in the
jurisdiction of the ICHA at the time the family first submits its application for
participation in the program to the ICHA, may lease a unit anywhere in the jurisdiction of
the ICHA or outside the ICHA jurisdiction as long as there is another entity operating a
tenant-based Section 8 Program covering the location of the proposed unit.
30 01/03/02
If the head of household or spouse of the assisted family does not have a legal residence
in the jurisdiction of the ICHA at the time of its application, the family will not have any
right to lease a unit outside of the ICHA jurisdiction for a 12-month period beginning
when the family is first admitted to the program (has an assisted lease). During this
period, the family may only lease a unit located in the jurisdiction of the ICHA.
Assisted families may only move to a jurisdiction where a Section 8 Program is being
administered.
&2 INCOME ELIGIBILITY
A. At admission, a family must be income-eligible in the area where the family first
leases a unit with assistance in the voucher program.
B. If a portable family is already a participant in the initial housing authority's
voucher program, income eligibility is not re-determined.
&3 PORTABILITY: ADMINISTRATION BY RECEIVING HOUSING AUTHORITY
A. When a family utilizes portability to move to an area outside the initial housing
authority jurisdiction, another housing authority (the receiving housing authority)
must administer assistance for the family if that housing authority has a tenant-
based program covering the area where the unit is located.
B. A housing authority with jurisdiction in the area where the family wants to lease a
unit must issue the family a voucher. If there is more than one such housing
authority, the initial housing authority may choose which housing authority shall
become the receiving housing authority.
&4 PORTABILITY PROCEDURES
A. When the ICHA is the initial housing authority:
1. The ICHA will brief the family on the process that must take place to
exemise portability. The family may be required to attend an applicant or
mover's briefing.
2. The ICHA will determine whether the applicant family is income-eligible
in the area where the family wants to lease a unit.
3. The ICHA will advise the family how to contact and request assistance
from the receiving housing authority.
4. The ICHA will, within ten (10) calendar days, notify the receiving housing
authority to expect the family.
31 01/03/o2
5. The ICHA will mail to the receiving housing authority the most recent
HUD Form 50058 (Family Report) for the family and related verification
information.
B. When the ICHA is the receiving housing authority:
1. When the portable family requests assistance from the ICHA, the ICHA
will, within ten (10) calendar days, inform the initial housing authority
whether it will bill the initial housing authority for assistance on behalf of
the portable family, or absorb the family into its own program.
2. The ICHA will issue a voucher to the family. The term of the ICHA's
voucher will not expire before the expiration date of any initial housing
authority's voucher. The ICHA will determine whether to extend the
voucher term. The family must submit a Request for Tenancy Approval
(RFTA) to the ICHA during the term of the ICHA's voucher.
3. The ICHA will determine the family unit size for the portable family. The
family unit size is determined in accordance with the ICHA's subsidy
standards.
4. The ICHA will, within ten (10) calendar days, notify the initial housing
authority if the family has leased an eligible unit under the program, or if
the family fails to submit a RFTA for an eligible unit within the term of
the voucher.
5. If the ICHA opts to conduct a new reexamination, the ICHA will not delay
issuing the family a voucher or otherwise delay approval of a unit unless
the re-certification is necessary to determine income eligibility for an
applicant.
6. In order to provide tenant-based assistance for portable families, the ICHA
will perform all housing authority program functions, such as
reexaminations of family income and composition. At any time, either the
initial housing authority or the ICHA may make a determination to deny
or terminate assistance to the family in accordance with 24 CFR 982.552.
C. Absorption by the ICHA
1. If funding is available under the consolidated ACC for the ICHA's
voucher program when the portable family is received, the ICHA will
absorb the family into its voucher program. After absorption, the family is
assisted with funds available under the consolidated ACC for the ICHA's
tenant-based program.
32 Ol/O3/O2
D. Portability Billing
1. To cover assistance for a portable family, the receiving housing authority
may bill the initial housing authority for housing assistance payments and
administrative fees. The billing procedure will be as follows:
a. As the initial housing authority, the ICHA will promptly reimburse
the receiving housing authority for the full amount of the housing
assistance payments made by the receiving housing authority for
the portable family. The amount of the housing assistance payment
for a portable family in the receiving housing authority's program
is determined in the same manner as for other families in the
receiving housing authority's program.
b. The initial housing authority will promptly reimburse the receiving
housing authority for 80% of the initial housing authority~s on-
going administrative fee for each unit month that the family
receives assistance under the tenant-based programs and is assisted
by the receiving housing authority. If both housing authorities
agree, they may negotiate a different amount of reimbursement.
E. When a Portable Family Moves
When a portable family moves out of the tenant-based program of a receiving
housing authority that has not absorbed the family, the housing authority in the
new jurisdiction to which the family moves becomes the receiving housing
authority and the first receiving housing authority is no longer required to provide
assistance for the family.
9.0 DETERMINATION OF FAMILY INCOME
24 CFR 5.609 AND .611
9.1 INCOME, EXCLUSIONS FROM INCOME, DEDUCTIONS FROM INCOME
To determine annual income, the Iowa City Housing Authority will count the income of
all family members, excluding the types and sources of income that are specifically
excluded. Once annual income is determined, the ICHA subtracts all allowable
deductions (allowances) as the next step in determining the Total Tenant Payment. When
determining income, the ICHA reference is 24 CFR 5.609 and 1RS Publication 502 (see
Appendix C) and HUD Handbook 4350.0 Chapter 27.
33 01/03/02
9.2 INCOME 24 CFR 53609
A. Annual income, as defined in 24 CFR $.609 Section $.3, will be used to determine
tenant rent. Please see Appendix for further information and examples. HUD
Handbook 7420.10Gl
B. The following will also apply:
1. If it is not feasible to anticipate a level of income over a 12-month period
(e.g., seasonal or cyclic income), the ICHA will use past income to predict
expected future income.
2. Average income from various sources will be used when there is a history of
temporary work employment that is steady throughout the year.
3. The ICHA will calculate projected annual income by annualizing current
income.
C. Income of Temporarily Absent Family Members:
Ifa family member is temporarily out of the home for employment purposes, their
income will be counted as part of the household income, even if this person is in a
lease agreement elsewhere.
D. Alimony or Child Support Income:
The ICHA will include all amounts contained in the court or administration order
unless it's able to verify the amounts which are not received or that an amount
other than what was ordered is being received. The ICHA will attempt to verify
this by reviewing correspondence from attorneys, computer print-outs from the
Child Support Recovery Unit, court documents or any other documentation
submitted for review that can be verified.
E. Income from Real Estate:
Notes & Mortgages Held by Active HCVP Participants - The interest portion of
the payment multiplied by the number of payments will be counted as income.
Income Producing Real Estate owned by HCVP Participants - If income tax
returns are available, the net income on the return will be included with annual
income.
If no income tax return is available, the following will be calculated:
1. Rental income received multiplied by the frequency of payment
34 01/03/02
2. If there is a balance owed on the property, the annual interest will be
deducted from income.
F. Overpayment Deductions:
When previous overpayments, such as from the Social Security Administration,
are currently being deducted, the gross amount of the benefit minus the deduction
for repayment will be used when determining annual income
G. Assets converted to Trusts
9.3 EXCLUSIONS FROM INCOME 24 CFR 5.609
Annual income as defined in 24 CFR 5.609 will be excluded from income, and HUD
Handbook 7420.10G, Section 5.3
The following will also apply:
A. The ICHA will not include imputed welfare income in annual income if the
family was not part of an assisted household.
B. If the family member is a full time student, living away from home and is in a
current lease agreement, this person will not be considered a dependent and
therefore they will not be considered part of the assisted family. Their income
will not be counted.
C. If a family member is residing outside of the assisted family home and the ICHA
can verify that they are not currently part of the "family" (such as a divorce
decree, restraining order or other verifiable method), the income of this family
member will not be counted.
9.4 DEDUCTIONS FROM ANNUAL INCOME 24 CFR 982.611
Applicable deductions will be made as provided in 24 CFR (5.611) and HUD Handbook
7420.10G, Section 5.5 Adjusted Income.
In addition, when calculating medical expenses the ICHA will use IRS Publication 502
for allowable medical deductions. Only those expenses specifically outlined in IRS 502
or 24 CFR 5.61 l will be allowed.
10.0 VERIFICATION 24 CFR PART 5
The Iowa City Housing Authority will verify information related to waiting list
preferences, eligibility, admission and level of benefits prior to admission. Periodically
during occupancy, items related to eligibility and rent determination shall also be
reviewed and verified. Income, assets, and expenses will be verified, as well as disability
35 01/03/02
status, need for a live-in aide and other reasonable accommodations, full time student
status of household members 18 years of age and older, social security numbers, and
citizenship/eligible noncitizen status. Age and relationship will only be verified in those
instances where needed to make a determination of level of assistance.
10.1 ACCEPTABLE METHODS OF VERIFICATION
Age, relationship, U.S. citizenship and social security numbers will generally be verified
with documentation provided by the household. For United States citizenship, the
household's self-certification will be accepted. Other necessary verifications will utilize
photocopies of the social security cards and other documents presented by the household,
the 1NS SAVE approval code, certified copies of birth certificates and other forms signed
by the household.
Other information will be verified by third party verification. This type of verification
includes written documentation (with forms sent directly to and received directly from a
source, not passed through the hands of the household.) This verification may also be
direct contact with the source, in person or by telephone. It may also be a report
generated by a request from the Iowa City Housing Authority or automatically by another
government agency, e.g. the Social Security Administration. Verification forms and
reports received will be contained in the applicant/tenant file. Oral third party
documentation will include the same information as if the documentation had been
written, e.g. name date of contact, amount received, etc.
When third party verification cannot be obtained, the ICHA will accept documentation
received from the applicant/participant. Verification from the client will only be accepted
if the ICHA has been unable to obtain third party verification in a reasonable period of
time. Photocopies of the documents provided by the household will be maintained in the
file.
When direct third party verification or documentation from the client (such as pay stubs)
cannot be obtained, the ICHA may accept a notarized statement signed by the head of
household, spouse or co-head.
10.2 TYPES OF VERIFICATION
The chart below outlines the factors that may be verified and gives common examples of
the verification that will be sought. To obtain written third party verification, the ICHA
will send a request form to the source along with a release form signed by the
applicant/participant via first class mail, fax or hand delivered.
Verification Requirements for Individual Items
Item to be Verified 3ra Party Verification Hand-carried Verification
36 01/03/02
Verification Requirements for Individual Items
Item to be Verified 3rd Party Verification Hand-carried Verification
General Eligibility Items
Social Security Number Letter from Social Security, Social security card or passport
electronic reports (if SSA provides)
Citizenship N/A Signed HUD self-certification,
birth certificate, etc.
Eligible immigration status 1NS SAVE confirmation ii Permanent lawful resident card,
1 551 stamp on passport, or
other INS documentation
Disability Letter from medical professional, Proof of SSI or Social Security
SSI, etc. disability payments
Full time student status (if Verification from the High school students
>18) school/educational institution where documents showing enrollment
enrolled
Need for a live-in aide Letter from physician verifying N/A
condition requires a live-in-aide
Childcare costs Verification from child care provider Bills and receipts
of out of pocket childcare expenses
Disability assistance Verification from suppliers, care Bills and records of payment
expenses givers, etc.
Medical expenses Verification from providers, Bills, receipts, records of
Prescription record from pharmacy, payment, dates of trips,
medical professional's letter stating mileage log, receipts for fares
assistance or a companion animal is and tolls
needed, etc.
Value of and Income from Assets
Savings, checking Verification from financial Passbook, most current
accounts institution statements
CDs, bonds, etc. Verification from financial Tax return, information
institution brochure from institution, the
CD, the bond
Verification from broker or holding Stock or most current
37 01/03/02
Verification Requirements for Individual Items
Item to be Verified 3ra Party Verification Hand-carried Verification
Stocks company statement, price in newspaper
or through the internet
Real property Letter from tax office, assessment, Property tax statement (for
etc. current value), assessment,
records or income and
expenses, tax return
Personal property Assessment, bluebook, etc. Receipt for purchase, other
evidence of worth
Cash value of life Letter from insurance company Current statement
insurance policies
Assets disposed of for less N/A Original receipt and receipt at
than fair market value disposition, other evidence of
worth
Income
Earned income Verification from Employer Multiple pay stubs
Self-employed N/A Tax return from prior year,
books of accounts
Regular gifts and Letter from source, letter from Bank deposits, other similar
contributions organization receiving gift (e.g., if evidence
grandmother pays day care provider,
the day care provider could so state)
Alimony/child support Court order, letter from source, letter Record of deposits, Collection
from Human Services or Child Services Center, certified
Support Recovery Unit payment history, payment
record from Clerk of Court
Periodic payments (i.e., Verification or electronic reports Award letter, letter announcing
social security, welfare, from the source change in amount of future
pensions, workers' payments
compensation,
unemployment)
Training program Letter from program provider N/A
participation indicating
- whether enrolled or completed
- whether training is HUD-funded
3 8 01/03/02
Verification Requirements for Individual Items
Item to be Verified 3ra Party Verification }land-carried Verification
- whether Federal, State, local govt.,
or local program
- whether it is employment training
- whether it has clearly defined goals
and objectives
- whether program has supportive
services
- whether payments are for out-of-
pocket expenses incurred in order to
participate in a program
- date of first job after program
completion
10.3 VERIFICATION OF CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS
24 CFR 5.512
The citizenship or eligible noncitizen status of each household member, regardless of age,
must be determined.
Prior to being admitted, all citizens and nationals will be required to sign a declaration
under penalty of perjury. They will also be required to show proof of their status by such
means as social security card, birth certificate, military ID or military DD 214 Form.
Prior to being admitted, all eligible noncitizens who are 62 years of age or older will be
required to sign a declaration under penalty of perjury. They will also be required to show
proof of age.
Prior to being admitted all, eligible noncitizens must sign a declaration of their status and
a verification consent form and provide their original INS documentation. The ICHA will
make a copy of the individual's INS documentation and place the copy in the file. The
ICHA also will verify their status through the INS SAVE system. If the INS SAVE
system cannot confirm eligibility, the Iowa City Housing Authority will mail information
to the INS so a manual check can be made of INS records.
Household members who do not claim to be citizens, nationals or eligible noncitizens, or
whose status cannot be confirmed, must be listed on a statement of non-eligible members
and the list must be signed by the head of household.
Noncitizen students on student visas, though in the country legally, are not eligible to be
admitted to the Section 8 Program.
39 01/03/02
Any household member who does not choose to declare his or her status must be listed on
the statement of non-eligible members.
If no household member is determined to be eligible under this section, the household's
admission will be denied.
The household's assistance will not be denied, delayed, reduced or terminated because of
a delay in the process of determining eligible status under this section, with the exception
of a delay caused by the household.
If the ICHA determines that a household member has knowingly permitted an ineligible
noncitizen (other than any ineligible noncitizens listed on the lease) to permanently reside
in their Section 8 unit, the household's assistance will be terminated. Such household will
not be eligible to be readmitted to Section 8 for a period of 24 months from the date of
termination.
10.4 VERIFICATIONOFSOCIALSECURITYNUMBERS 24CFR5.216
Prior to admission, each household member who is at least six (6) years of age must
provide verification of his or her social security number. Verification of social security
numbers for all children under six (6) will be requested. Verification for social security
cards for children in assisted households is required to be provided at the first regular
reexamination after turning six (6).
Verification of the social security number is the original social security card. If the card
is not available, the ICHA will accept letters from the Social Security Administration that
establish and state the number. Passports, or other official documents that establish and
state the number, are also acceptable.
If a member of a household indicates that they have a social security number, but cannot
verify it, they shall be asked to certify to this fact and shall have up to 60 days to provide
the verification. If the individual is at least 62 years of age, they will be given 120 days to
provide the verification. If the individual fails to provide the verification within the time
allowed, the household will be denied assistance or will have their assistance terminated.
10.5 TIMING OF VERIFICATION
Verification must be dated within 60 days of issuance of a voucher or 120 days of a
reexamination. If the verification is older than this, the source will be contacted and asked
to provide information regarding any changes.
When an interim reexamination is conducted, the ICHA will verify and update only those
elements reported to have changed.
10.6 FREQUENCY OF OBTAINING VERIFICATION
40 01/03/02
For each household member, citizenship/eligible noncitizen status will be verified only
once. This verification will be obtained prior to admission. In addition, prior to a new
member joining the household, their status will be verified.
For each household member, verification of social security number will be obtained only
once. This verification will be obtained prior to admission. When a child tums six (6),
their verification will be obtained at the next regular reexamination.
11.0 RENT AND HOUSING ASSISTANCE PAYMENT
11.1 RENT REASONABLENESS 24 CFR 982.507 (A)
The ICHA will not approve an initial rent or a rent increase in the tenant-based program
without determining that the rent amount is reasonable. Reasonableness is determined
prior to the initial lease and at the following times:
A. Before any increase in rent to owner is approved;
B. If 60 days before the contract anniversary date there is a 5% decrease in the
published FMR as compared to the previous FMR; and
C. If the Iowa City Housing Authority or HUD directs that reasonableness be re-
determined.
11.2 COMPARABILITY 24 CFR 982.507 (B) AND 3507 (¢)
in making a rent reasonableness determination, the ICHA will compare the rent for the
unit to the rent of comparable units in the same or comparable neighborhoods, The ICHA
will consider the location, quality, size, number of bedrooms, age, amenities, housing
services, maintenance and utilities of the unit and the comparable units.
The ICHA will maintain current survey information on rental units in its jurisdiction.
Owners are invited to submit information to the survey at any time. Owners may review
the determination made on their unit and may submit additional information or make
improvements to the unit that will enable the ICHA to establish a higher value.
The owner must certify the rents charged for other units. By accepting the housing
assistance payment each month the owner is certifying that the rent to owner is not more
than the rent charged by the owner for comparable unassisted units in the premises.
11.3 MAXIMUM SUBS1D Y 24 CFR 982.508
The maximum payment standard for a voucher will be 110% of the published FMR or the
exception payment standard approved by HUD.
41 Ol/03/02
The Fair Market Rent (FMR) published by HUD is used in calculating the payment
standard which is used in determining the maximum subsidy for a household.
For manufactured home space rental, the maximum subsidy is calculated using 40% of
the two (2) bedroom FMR, as outlined in 24 CFR 982.623.
11.3.1 Setting the Payment Standard
HUD requires that the payment standard be set by a housing authority at between 90%
and 110% of the FMR. The ICHA will review its determination of the payment standard
annually after publication of the FMRs. The ICHA will consider vacancy rates and rents
in the market area, size and quality of units leased under the program, rents for units
leased under the program, success rates of voucher holders in finding units and the
percentage of annual income families are paying for rent under the voucher program. If it
is determined that success rates will suffer or that families are having to rent low quality
units or pay over 40% of income for rent, the payment standard may be raised to the level
determined necessary to alleviate these hardships.
If success levels are projected to be extremely high and rents are projected to be at or
below 30% of income, then reduction of the payment standard will be considered.
Payment standards for each bedroom size are evaluated separately so that the payment
standard for one bedroom size may increase or decrease while another remains
unchanged. The ICHA may consider adjusting payment standards at times other than the
annual review when circumstances warrant.
Before increasing any payment standard, the Iowa City Housing Authority will conduct a
financial feasibility test to ensure that in using the higher standard, adequate funds will
continue to be available to assist families in the program.
11.3.2 Selecting the Correct Payment Standard for a Household
The intent of HUD requirements is that the smallest appropriate bedroom size be
assigned to participant families without overcrowding. Bedroom size assignments will
allow at least one bedroom for each two persons (24 CFR 982.402, 982.401)
A. The payment standard for a household is the lower of:
1. The payment standard for the issued family unit size (listed on voucher);
or
2. The payment standard for the unit size rented by the household.
B. If the unit rented by a household is located in an exception rent area, ICHA will
use the appropriate payment standard for the exception rent area.
42 Ol/O3/02
C. If there is a change in household unit size resulting from a change in household
size or composition, the new household unit size will be considered when
determining the payment standard at the next annual reexamination.
11.3.3 Area Exception Rents
In order to help families find housing outside areas of high poverty, or when voucher
holders are having trouble finding housing for lease under the program, the ICHA may
request that HUD approve an exception payment standard rent for certain areas within its
jurisdiction. The areas may be of any size, though generally not smaller than a census
tract. The ICHA may request one such exception payment standard area or many.
Exception payment standard rent authority may be requested for all or some unit sizes, or
for all or some unit types. The current ICHA exception rent area includes the downtown
census track for 0 and 1 bedroom units.
When an exception payment standard rent has been approved and the FMR increases, the
exception rent remains unchanged until such time as the ICHA requests and HUD
approves a higher exception payment standard rent. If the FMR decreases, the exception
payment standard rent authority automatically expires.
11.4 ASSISTANCE AND RENT FORMULAS 24 CFR 982.505
A. Total Tenant Payment* 24 CFR 5.628
The total tenant payment is equal to the highest off
1. 10% of monthly income
2. 30% of adjusted monthly income
3. $50 Minimum rent
*Note that the participant is responsible to pay any rent above the payment standard.
B. Minimum Rent 24 CFR 5.630
The Iowa City Housing Authority has set the minimum rent as $50.00. However,
if the household requests a hardship exemption, the ICHA will suspend the
minimum rent for the household beginning the month following the household's
hardship request. The suspension will continue until the ICHA can determine
whether hardship exists and whether the hardship is of a temporary or long-term
nature. During suspension, the household will not be required to pay a minimum
rent and the Housing Assistance Payment will be increased accordingly.
1. A hardship exists in the following circumstances:
43 01/03/02
a. When the household has lost eligibility for or is awaiting an eligibility
determination for a federal, state or local assistance program;
b. When the household would be evicted as a result of the imposition of
the minimum rent requirement;
c. When the income of the household has decreased because of changed
circumstances, including loss of employment (excludes termination or
voluntary dismissal);
d. When the household has an increase in expenses because of changed
circumstances, for medical costs, childcare, transportation, education,
or similar items; or
e. When a death has occurred in the household.
2. No hardship: If the ICHA determines there is no qualifying hardship, the
minimum rent will be reinstated, including requiring back payment of
minimum rent to the ICHA for the time of suspension.
3. Temporary hardship: If the ICHA determines that there is a qualifying
hardship, but that it is of a temporary nature, the minimum rent will not be
imposed for a period of 90 days from the date of the household's request.
At the end of the 90-day period, the minimum rent will be imposed
retroactively to the time of suspension. The ICHA will offer a reasonable
repayment agreement for any minimum rent back payment paid by the
ICHA on the household's behalf during the period of suspension.
4. Long-term hardship: If the ICHA determines there is a long-term
hardship, the household will be exempt from the minimum rent
requirement until the hardship no longer exists.
5. Appeals: The household may use the informal hearing procedure to
appeal the ICHA's determination regarding the hardship.
C. Section 8 Housing Choice Vouchers 24 CFR 982.508 and .628
1. The payment standard is set by the ICHA between 90% and 110% of the
FMR or higher or lower with HUD approval. The ICHA payment standard
is 110% of the FMR.
2. The participant pays the greater of the Total Tenant Payment or the
minimum rent, plus the amount by which the gross rent exceeds the
payment standard.
44 01/03/o2
3. No participant shall pay more than 40% of their monthly adjusted income
for rent when initially renting any unit (initial lease up & moves).
E. Manufactured Home Space Rental: Section 8 Vouchers 24 CFR 982.620-.624
1. The payment standard for a participant renting a manufactured home space
is 40% of the published two (2) bedroom FMR multiplied by 110%.
2. The space rent is the sum of the following as determined by the Iowa City
Housing Authority:
a. Rent to the owner for the manufactured home space;
b. Owner maintenance and management charges for the space; and
c. Utility allowance for tenant paid utilities.
3.The participant pays the rent to owner less the HAP.
4.HAP equals the lesser of:
a. The payment standard minus the total tenant payment; or
b. The rent paid for rental of the real property on which the
manufactured home owned by the household is located.
F. Rent for Families under the Noncitizen Rule 24 CFR 5.5 l 6, .518, and .520
A mixed household will receive full continuation of assistance if all of the
following conditions are met:
1. The household's head or spouse has eligible immigration status; and
2 The household does not include any person who does not have eligible
status other than the head of household, the spouse of the head of
household, any parent of the head or spouse, or any child (under the age of
18) of the head or spouse.
The household's assistance is prorated in the following manner:
1. Find the prorated Housing Assistance Payment (HAP) by dividing the
HAP by the total number of household members then multiplying the
result by the number of eligible household members.
2. Obtain the prorated household share by subtracting the prorated HAP from
the gross rent (contract rent plus utility allowance).
45 01/03/02
3. The prorated tenant rent equals the prorated household share minus the
full utility allowance.
11.5 UTILITYALLOWANCE 24 CFR 982.517
The ICHA maintains a utility allowance schedule for all tenant-paid utilities (telephone &
cable excluded), for cost of tenant-supplied refrigerators and ranges and for other tenant-
paid housing services (e.g., trash collection, disposal of waste and refuse).
The utility allowance schedule is determined based on the typical cost of utilities and
services paid by energy-conservative households that occupy housing of a similar size
and type in the same locality. In developing the schedule, the ICHA uses normal patterns
of consumption for the community as a whole and current utility rates.
The ICHA reviews the utility allowance schedule annually and revises any allowance for
a utility category if there has been a change of 10% or more in the utility rate since the
last time the utility allowance schedule was revised. The ICHA maintains information
supporting the annual review of utility allowances and any revisions made in its utility
allowance schedule. Participants may review this information at any time by making an
appointment with the ICHA.
The ICHA is required to use the appropriate utility allowance for the size of dwelling unit
actually leased by the household (rather than the household unit size as determined under
the ICHA subsidy standards.)
At each reexamination, the ICHA applies the utility allowance from the most current
utility allowance schedule.
The ICHA will approve a request for a utility allowance that is higher than the applicable
amount on the utility allowance schedule if a higher utility allowance is needed as a
reasonable accommodation to make the program accessible to and usable by the
household member with a disability.
The utility allowance will be subtracted from the household's share to determine the
amount of the tenant rent. The tenant rent is the amount the household owes each month
to the owner. The amount of the utility allowance is then still available to the household
to pay the cost of their utilities. Any utility cost above the allowance is the responsibility
of the tenant. Any savings resulting from utility costs below the amount of the allowance
belong to the tenant.
11.6 DISTRIBUTION OF HOUSING ASSISTANCE PAYMENT 24 CFR 982.514
The Iowa City Housing Authority pays the owner the Housing Assistance Payment
(HAP) which is documented on the HAP Contract. The HAP may be all or part of the
total rent. The iCHA is responsible only for the HAP and not the tenant payment. If
46 01/03/02
HAP payments from the ICHA are not made when due, the owner may charge the ICHA
a late payment agreed to in the contract and in accordance with generally accepted
practices in the ICHA's jurisdiction.
11.7 CHANGE OF OWNERSHIP
The Iowa City Housing Authority requires a written request by the owner or agent who
executed the HAP contract in order to make changes regarding who is to receive ICHA's
rent payment or the address as to where the rent payment should be sent.
In addition, the ICHA requires a written request from the new owner to process a change
of ownership. The following documents must accompany the written request:
A. Deed showing the transfer of title; and
B. Tax Identification Number or social security number.
New owners will be required to execute IRS form W-9. ICHA may withhold the rent
payment until the taxpayer identification number is received.
12.0 INSPECTION POLICIES, HOUSING QUALITY
STANDARDS AND DAMAGE CLAIMS 24 CFR 982.405
The Iowa City Housing Authority will inspect all units to ensure that they meet Housing
Quality Standards (HQS). No unit will be initially placed on the Section 8 Program
unless the HQS are met. Units will be inspected at least annually, and at other times as
needed, to determine if the units meet HQS.
The Iowa City Housing Authority must be allowed to inspect the dwelling unit at
reasonable times with reasonable notice. The household and owner will be notified of the
inspection appointment. If the household cannot be at home for the scheduled inspection
appointment, the household must call and reschedule the inspection or make
arrangements to enable the ICHA to enter the unit and complete the inspection.
If the household misses the scheduled inspection and fails to reschedule the inspection,
the Iowa City Housing Authority will only schedule one more inspection. If the
household misses two inspections, the ICHA will consider the household to have violated
a Family Obligation and their assistance will be terminated.
12.1 HOUSING QUALITY STANDARDS (HQS) 24 CFR 982.401
The City of Iowa City has integrated the Housing Quality Standards (HQS) into the Iowa
City Housing Code to be enforced by the city, as stringent as, or more stringent than,
47 01/03/02
those in the HQS standard to insure the health safety and welfare of the occupants of
dwellings. See appendix ?????
13.0 RECERTIFICATION
13.1 ANNU~IL REEXAMINATION 24 CFR 5.617
At least annually, the Iowa City Housing Authority will conduct a reexamination of
household income, household composition and other circumstances. The results of the
reexamination determine the rent the household will pay and whether the household
subsidy is con'ect based on the household unit size.
The ICHA will send a notification letter to the household letting them know it is time for
their annual reexamination. The letter includes fo~ms for the household to complete. The
letter tells families who might need to make alternate arrangements due to a disability
that they may contact staff to request an accommodation of their needs.
The household will provide all information regarding income, assets, expenses and other
information necessary to determine the household's share of rent. The household will sign
the HUD consent form and other consent forms that later will be mailed to the sources
that will verify the household circumstances.
Upon receipt of verification, the Iowa City Housing Authority will determine the
household's adjusted annual income and will calculate tenant rent.
The Iowa City Housing Authority will send a notification letter to the family letting them
know that it is time for their annual reexamination, and giving them the option of
selecting either the flat rent or formula method. If the family thinks they may want to
switch from a flat rent to a formula rent, they should request an appointment. At the
appointment, the family will make their final decision regarding which rent method they
will choose. The letter also includes forms for the fanfily to complete in preparation for
their annual review. The letter tells families who may need to make alternate
arrangements due to a disability that they may contact staff to request an accommodation
of their needs.
The Iowa City Housing Authority will determine whether family composition may
require a transfer to a different bedroom size unit, and if so, the family's name will placed
on the transfer list.
13.1.1 Effective Date of Rent Changes for Annual Reexaminations
The new household share will generally be effective on the annual renewal date with 30
days notice of any rent increase to the household.
If the rent determination is delayed due to a reason beyond the control of the household,
any rent increase will be effective the first of the month after the month in which the
48 01/03/02
household receives a 30 day notice of the amount. If the new rent is a reduction and the
delay is beyond the control of the household, the reduction will be effective as scheduled
on the anniversary date.
If the household caused the delay they will not receive a 30 day notice of any increase in
rent. The increase will be effective on the annual renewal date.
13.1.2 Missing Paperwork
If the household fails to respond to the letter, a second reminder letter will be mailed. If
there is still no response a termination letter will be sent.
13.2 INTERIM REEX/IMIN~4 TIONS
During an interim reexamination, only the information affected by the changes being
reported will be reviewed and verified.
Families are required to report increases in household income or changes in family
composition, in writing, to the Iowa City Housing Authority between regular
reexaminations within 30 days of the effective date of the change (example, from the date
of employment.)
The following are samples of changes that will trigger an interim reexamination:
A. A member has been added to the household through birth or adoption or court-
awarded custody;
B. The family's income changes;
C. A household member is leaving or has left the household unit;
D. Household break-up: In circumstances of a household break-up, the ICHA will
make a determination which household member will retain the voucher, taking
into consideration the following factors:
1. To whom the voucher was issued;
2. The interest of minor children or of ill, elderly, or disabled household
members;
3. Whether the assistance should remain with the household members
remaining in the unit; and
49 01/03/02
4. Whether household members were forced to leave the unit as a result of
actual or threatened physical violence by a spouse or other member(s) of
the household.
If a court determines the disposition of property between members of the assisted
household in a divorce or separate maintenance decree, the Iowa City Housing Authority
will be bound by the court's determination of which household members continue to
receive assistance in the program.
Because of the number of possible different circumstances in which a determination will
have to be made, the ICHA will make determinations on a case by case basis.
The ICHA will issue a determination within ten (10) calendar days of the request for a
determination. The household member requesting the determination may request an
informal hearing in compliance with the informal hearings in Section 16.3.
In order to add a household member other than through birth or adoption the household
must request that the new member be added to the lease. Before adding the new member
to the lease, the individual must complete an application form stating their income, assets
and all other information required of an applicant. The individual must provide their
social security number if they have one and must verify their citizenship/eligible
immigrant status (Their housing will not be delayed due to delays in verifying eligible
immigrant status other than delays caused by the household.) The new household
member will go through the screening process similar to the process for applicants. The
ICHA will determine the eligibility of the individual before allowing them to be added to
the lease. If the individual is found to be ineligible, or does not pass the screening criteria,
they will be advised in writing and given the opportunity for an informal review.
If they are found to be eligible and do pass the screening criteria, the Iowa City Housing
Authority will grant approval to add their name to the lease. At the same time, the
household's annual income will be recalculated, taking into account the income and
circumstances of the new household member. The effective date of the new rent will be
in accordance with paragraph 14.2.2 below.
Families are not required to, but may at any time, request an interim reexamination based
on a decrease in income, an increase in allowable expenses, or other changes in
household circumstances. Upon such request, the ICHA will take timely action to process
the interim reexamination and recalculate the household share.
13.2.1 Special Reexaminations
If a household's income is too unstable to project for 12 months, including families that
temporarily have no income or have a temporary decrease in income, the Iowa City
Housing Authority may schedule special reexaminations every 60 days until the income
stabilizes and an annual income can be determined.
50 01/03/02
13.2.2 Effective Date of Rent Changes Due to Interim or Special Reexaminations
Unless there is a delay in reexamination processing caused by the household, any rent
increase will bc effective the first day of the second month after the month in which thc
household receives notice of thc new rent amount. If the household causes a delay, then
thc rent increase will bc effective on the date it would have been effective had the process
not been delayed (even if this means a retroactive increase).
If changes arc not reported properly, (by the 20th of the month) and the tenant rent
increases, the effective date will be thc first of thc next month after thc change is
reported. Furthermore, any repayment will be effective thc first of thc month after thc
effective date of the change.
If the new rent is a reduction and any delay is beyond the control of the household, thc
reduction will be effective thc first of thc month after the interim reexamination should
have been completed provided notification to thc ICHA has occurred before thc 20th Of
the month.
If the new rent is a reduction and thc household caused thc delay or did not report thc
change in a timely manner, the change will be effective the first day of the month after
the rent amount is determined.
All changes must be reported by thc 20th of thc month.
14.0 TERMINATION OF ASSISTANCE
The Iowa City Housing Authority must, at any time, terminate housing assistance for the
following reasons:
A. If any household member violates any family obligation under thc program.
24 CFR 982.552 (c)(1)(i)
B. If a household member fails to sign and submit consent forms.
24 CFR 982.552 (b)(3)
C. If a household fails to establish citizenship or eligible immigrant status and is not
eligible for, or does not elect, continuation of assistance, pro-ration of assistance,
or temporary deferral of assistance. If the ICHA determines that a household
member has knowingly permitted an ineligible noncitizen (other than any
ineligible noncitizens listed on the lease) to permanently reside in their Section 8
unit, the household's assistance will be terminated. Such household will not be
eligible to be readmitted to Section 8 for a period of 24 months from the date of
termination. 24 CFR 982.552 (b)(4)
D. If any member of the household has ever been evicted from federally assisted
housing in the last 5 years. 24 CFR 982.552 (c)(1)(ii)
51 01/03/02
E. Currently engage in illegal use of drugs. 552(b)(1)(I)(a)
F. If a household member who has been convicted of manufacturing or producing
methamphetamine (speed) on the premises of federally assisted housing. 24CFR
982.553 (b)(1)(ii)
The Iowa City Housing Authority may, at any time, terminate housing assistance for the
following reasons:
A. If a housing authority has ever terminated assistance under the certificate or
voucher program for any member of the household.
B. If any member of the household commits drug-related criminal activity, or violent
criminal activity. 24 CFR 982.553
Violent criminal activity is any criminal activity that has as one of its elements the
use, attempted use, or threatened use of physical force substantial enough to
cause, or be reasonably likely to cause, serious bodily injury or property damage.
24 CFR 5.100
C. If any member of the household commits fraud, bribery or any other corrupt or
criminal act in connection with any federal housing program. 24 CFR 982.552
(c)(1)(iv)
D. If the household currently owes rent, or other amounts to the housing authority or
to another housing authority in connection with Section 8, public housing, or
other public housing assistance under the 1937 Act. 24 CFR 982.552 (c)(1)(v)
E. If the household 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 household under the lease. 24 CFR 982.552 (c)(1)(vi)
F. If the household breaches an agreement with the housing authority to pay amounts
owed to a housing authority, or amounts paid to an owner by a housing authority.
(The housing authority, at its discretion, may offer a household the opportunity to
enter into an agreement to pay amounts owed to a housing authority or amounts
paid to an owner by a housing authority. The housing authority may prescribe the
terms of the agreement.) 24 CFR 982.552 (c)(1)(vii)
G. If a household participating in the FSS Program fails to comply, without good
cause, with the household's FSS contract of participation. 24 CFR 982.552
(c)(cl)(viii)
52 01/03/02
H. If the household has engaged in or threatened abusive or violent behavior toward
housing authority personnel. 24 CFR 982.552 (c)(1)(ix)
I. If a household member's illegal use (or pattem of illegal use) of a controlled
substance, or whose abuse or pattern of abuse of alcohol, is determined by the
Iowa City Housing Authority may threaten the health, safety, or right to peaceful
enjoyment of the premises by other residents. 24 CFR 982.553 (b)(3)
J. If a landlord and tenant mutually agree to rescind a lease and the tenant remains in
the unit.
K. If a household family member violates the ICHA's policy on absence from a unit.
24 CFR 982.551 (h)(3)
L. If any household member has been evicted from federally assisted housing in the
last five years. 24 CFR 982.552 (c)(1)(ii)
M. The family will not allow anyone to live in their unit or use their address to
receive mail. If this is found to be true, the ICHA will consider this person a part
of the assisted household and the household may lose their assistance because of
an unauthorized person. 24 CFR 982.551 (h)(2)
15.0 PENALTIES, COMPLAINTS, INFORMAL REVIEWS FOR
APPLICANTS, INFORMAL HEARINGS FOR
PARTICIPANTS
15.1 PENAL TIES
Tenants terminated by the Iowa City Housing Authority will be denied all forms of rental
assistance and may not reapply for a minimum of 1 year and a maximum of 3 years
pending the determination of the ICHA or the Hearing Officer. Severity and duplication
of the violation will be taken into consideration when determining the duration of the
penalty and the tenant will be notified in writing of the decision.
15.2 COMPLAINTS
The ICHA will investigate and respond to complaints by participant families, owners and
the general public. The 1CHA may require that complaints, other than HQS violations be
put in writing. Anonymous complaints are investigated whenever possible.
53 01/03/02
15.3 INFORMAL REVIEW FOR THE APPLICANT 24 CFR 982.554
A. Informal Review for the Applicant:
The Iowa City Housing Authority will give an applicant for the Section 8
Program, prompt notice of a decision denying assistance to thc applicant. The
notice will contain a brief statement of thc masons for the ICHA decision. The
notice will state that the applicant may request an informal review within ten (10)
calendar days of the denial and will describe how to obtain the informal review.
B. When an Informal Review is not required:
The ICHA will not provide the applicant an opportunity for an informal review
for any of the following reasons:
1. A determination of the household unit size under ICHA subsidy standards.
2. An ICHA determination not to approve an extension or suspension of a
voucher term.
3. An ICHA determination not to grant approval to lease a unit under the
program or to approve a proposed lease.
4. An ICHA determination that a unit selected by the applicant is not in
compliance with HQS.
5. An ICHA determination that the unit is not in accordance with HQS
because of household size or composition.
6. General policy issues or class grievances.
7. Discretionary administrative determinations by the ICHA.
C. Review Process:
The ICHA will give an applicant an opportunity for an informal review of the ICHA
decision denying assistance to the applicant. The procedure is as follows:
1. The review will be conducted by any person or persons designated by the
ICHA, other than the person who made or approved the decision under
review, or a subordinate of this person.
2. The applicant will be given an opportunity to present written or oral
objections to the ICHA decision.
54 01/03/02
3. The ICHA will notify the applicant of ICHA decision after the informal
review within fourteen (14) calendar days. The notification will include a brief
statement of the reasons for the final decision.
D. Considering Cimumstances: 24 CFR 982.552 (c)(2)
In deciding whether to terminate assistance because of action or inaction by members
of the household, the ICHA may consider all of the cimumstances in each case,
including the seriousness of the case, the extent of participation or culpability of
individual household members and the effects of denial or termination of assistance
on other household members who were not involved in the action or failure.
The ICHA may impose, as a condition of continued assistance for other household
members, a requirement that household members who participated in, or were
culpable for, the action or failure will not reside in the unit. The ICHA may permit the
other members of a participant household to continue receiving assistance.
If the ICHA seeks to terminate assistance because of illegal use, or possession for
personal use, of a controlled substance or pattern of abuse of alcohol, ICHA provides
notice to the household of the ICHA determination to deny or terminate assistance. In
determining whether to terminate assistance for these reasons the ICHA may consider
evidence of whether the household member:
1. Has successfully completed a supervised drug or alcohol rehabilitation
program (as applicable) and is no longer engaging in the illegal use of a
controlled substance or abuse of alcohol;
2. Has otherwise been rehabilitated successfully and is no longer engaging in the
illegal use of a controlled substance or abuse of alcohol; or
3. Is participating in a supervised drug or alcohol rehabilitation program and is
no longer engaging in the illegal use of a controlled substance or abuse of
alcohol.
E. Informal Review Procedures for Denial of Assistance on the Basis of Ineligible
Immigration Status: 24 CFR 982.554 (d)
The applicant household may request that the ICHA provide for an informal
review after the household has notification of the INS decision on appeal, or in
lieu of request of appeal to the 1NS. This request must be made by the applicant
household within 30 days of receipt of the Notice of Denial or Termination of
Assistance, or within 30 days of receipt of the INS appeal decision.
For applicant families, the Informal Review Process above will be utilized with
the exception that the applicant household will have up to 30 days of receipt of
55 01/03/02
the Notice of Denial or Termination of Assistance, or of the INS appeal decision
to request the review.
15.4 INFORMAL HEARINGS FOR PARTICIPANTS 24 CFR 98Z555
A. When a Hearing is not required:
The ICHA will not provide a participant household an opportunity for an informal
hearing for any of the following reasons:
1. Discretionary administrative determinations by the ICHA.
2. General policy issues or class grievances.
3. Establishment of the ICHA schedule of utility allowances for families in
the program.
4. An ICHA determination not to approve an extension or suspension of a
voucher term.
5. An ICHA determination not to approve a unit or lease.
6. An ICHA determination that an assisted unit is not in compliance with
HQS. However, the Iowa City Housing Authority will provide the
opportunity for an informal hearing for a decision to terminate assistance
for a breach of the HQS caused by the household.
7. An ICHA determination that the unit is not in accordance with HQS
because of the household size.
8. A determination by the ICHA to exercise or not exercise any tight or
remedy against the owner under a HAP contract.
C. Notice to the Household:
1. The ICHA will notify the household that the household may ask for an
explanation of the basis of the ICHA's determination and that if the
household does not agree with the determination, the household may
request an informal heating on the decision.
2. The ICHA will give the household prompt written notice that the
household may request a hearing within ten (10) calendar days of the
notification. The notice will:
a. Contain a brief statement of the reasons for the decision; and
56 01/03/02
b. State if the household does not agree with the decision, the
household may request an informal heating on the decision within
tne (10) calendar days of the notification.
C. Hearing Procedures:
The ICHA and participants will adhere to the following procedures:
1. Discovery
a. The household will be given the opportunity to examine, before the
heating, any ICHA documents that are directly relevant to the
heating. The household will be allowed to copy any such
documents at the household's expense. If ICHA does not make the
documents available for examination on request of the household,
the ICHA may not rely on the documents at the hearing.
b. The ICHA will be given the opportunity to examine, at ICHA's
offices before the hearing, any household documents that are
directly relevant to the hearing. The ICHA will be allowed to copy
any such document at the ICHA's expense. If the household does
not make the documents available for examination on request of
the ICHA, the household may not rely on the document at the
hearing.
Note: The term document includes records and regulations.
2. Representation of the Household
A lawyer, or other representative may represent the household at its own
expense.
3. Hearing Officer
a. The heating will be conducted by any person or persons designated
by the ICHA, other than a person who made or approved the
decision under review, or a subordinate of this person.
b. The person who conducts the heating will regulate the conduct of
the hearing in accordance with the ICHA hearing procedures.
4. Evidence
The ICHA and the household must have the opportunity to present
evidence and may question any witnesses. Evidence may be considered
57 01/03/02
without regard to admissibility under the rules of evidence applicable to
judicial proceedings.
5. Issuance of Decision
The person who conducts the hearing must issue a written decision within
fourteen (14) calendar days from the date of the hearing, stating briefly the
masons for the decision. Factual determinations relating to the individual
circumstances of the household shall be based on a preponderance of the
evidence presented at the hearing.
6. Effect of the Decision
The Iowa City Housing Authority is not bound by a heating decision:
a. Concerning a matter for which the ICHA 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
heating under the ICHA hearing procedures.
b. Contrary to HUD regulations or requirements, or otherwise
contrary to federal, state, or local law.
c. If the ICHA determines that it is not bound by a hearing decision,
the ICHA will notify the household within fourteen (14) calendar
days of the determination, and of the reasons for the determination.
E. Informal Heating Procedures for Denial of Assistance on the Basis of Ineligible
Immigration Status: 24 CFR 982.555(g)
The participant household may request that the ICHA provide for an informal
hearing after the household has notification of the 1NS decision on appeal, or in
lieu ofmquest of appeal to the INS. This request must be made by the participant
household within 30 days of receipt of the Notice of Denial or Termination of
Assistance, or within 30 days of receipt of the INS appeal decision.
For the participant families, the Informal Hearing Process above will be utilized
with the exception that the participant household will have up to 30 days of
receipt of the Notice of Denial or Termination of Assistance, or of the INS appeal
decision.
16.0REPAYMENT AGREEMENTS 24 CFR 982.552 (c)(1)(vii)
Family Break-Ups - If there is a family break up and the initial household owes the ICHA
a debt, the person leaving the household (if head, spouse, other adult) will be held jointly
5 8 01/o3/02
and severally liable for the debt. The responsible parties may not reapply or receive
assistance in another assisted household until the debt is paid. This includes an
individual being added as a live-in aid.
If a participant owes money to the ICHA, the ICHA 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 ICHA may terminate the participant from the
program. However, the ICHA will consider extenuating circumstances on a case-by-case
basis.
If the ICHA determines that the family committed fraud or was grossly irresponsible, the
ICHA 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 ICHA 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 ICHA may take action to collect the amounts
owed.
(See also Section II, A. (8) Eligibility Criteria, Section XI,D. (6) Family Moves with
Continued Assistance and Section XII,B. Housing Assistance Terminations, 1.i.)
17.0 VISITORS
Approval for visitors must be obtained by a landlord in accordance with the lease. The
ICHA should be notified of any long-term visitors. Anyone "visiting" for longer than 30
days will be considered part of the assisted household.
18.0RENTING TO FAMILY MEMBERS 982.306 (d)
The PHA must not approve a unit if the owner is the parent, including step-parents, step-
grandparents, sister-in-law, brother-in-law, child, grandparent, grandchild, sister, or
brother of any member of the family, unless the PHA determines that approving the unit
would provide reasonable accommodation for a family member who is a person with
disabilities. This restriction against PHA approval of a unit only applies at the time a
family initially receives tenant-based assistance for occupancy of a particular unit, but
does not apply to PHA approval of a new tenancy with continued tenant-based assistance
in the same unit. The above provision will also apply to the "would be" parent or other
relative of an unborn child.
59 01/03/02
APPENDIX A
TABLE OF INCOME GUIDELINES AND DEFINITIONS FOR IOWA CITY
Effective March 29, 2001
Household 30% Median Income 50% Median 60% Median 80% Median Median
Size (Poverty Level) Income Income Income Income
(Iow incomO
1 $13,200 $22,000 $26,400 $35,200 $44,000
2 15,100 25,150 30,180 40,250 50,300
3 I7,000 28,300 33,960 45,300 56,600
4 18,850 31,450 37,740 50,300 62,900
5 20,400 33,950 40,740 54,350 67,900
6 21,900 36,500 43,800 58,350 73,000
7 23,400 39,000 46,800 62,400 78,000
8 24,900 41,500 49,800 66,400 83,000
60 01/03/02
APPENDIX B
(A copy of the Iowa Tenant Landlord Law will be inserted upon
adoption of the Administrative Plan)
61 01/03/o2
APPENDIX C
(A copy of the IRS Publication 502 will be inserted upon adoption of
the Administrative Plan)
62 01/03/02
GLOSSARY
1937 Itousing Act: The United States Housing Act of 1937. [42 U.S.C. 1437 et seq.]
Absorption: In portability, the point at which a receiving housing authority stops billing the
initial housing authority for assistance on behalf of a portable household. [24 CFR 982.4]
Adjusted Annual Income: The amount of household income, after deductions for specified
allowances, on which tenant rent is based.
Administrative fee: Fee paid by HUD to the housing authority for the administration of the
program.
Administrative Plan:The plan that describes housing authority policies for the administration of
the tenant-based programs.
Admission: This is the point when the household becomes a participant in the program. The
effective date of the first HAP Contract for a household (first day of initial lease term) in a tenant
based program.
Adult: A household member who is 18 years or older, or who is the head of the household,
spouse or co-head.
Allowances: Amounts deducted from the household's annual income in determining adjusted
annual income (the income amount used in the rent calculation). Allowances are given for
elderly families, dependents, medical expenses for elderly families, disability expenses and child
care expenses for children under thirteen (13) years of age. Other allowance can be given at the
discretion of the housing authority.
Amortization Payment: In a manufactured home space rental, the monthly debt service
payment by the household to amortize the purchase price of the manufactured home.
Annual Contributions Contract (ACC): The written contract between HUD and a housing
authority under which HUD agrees to provide funding for a program under the 1937 Act, and the
housing authority agrees to comply with HUD requirements for the program.
Annual Income: All amounts, monetary or not, that:
a. Go to (or on behalf of) the household head or spouse (even if temporarily absent) or to
any other household member, or
b. Are anticipated to be received from a source outside the household during the 12-month
period following admission or annual reexamination effective date; and
c. Are not specifically excluded from annual income.
63 01/03/02
d. Annual income also includes amounts derived (during the 12-month period) from assets
to which any member of the household has access.
Applicant (applicant household): A household that has applied for admission to a program but
is not yet a participant in the program.
Assets:see net household assets.
Asset Income: Income received from assets held by household members. If assets total more
than $5,000, income from the assets is "imputed" and the greater of actual asset income and
imputed asset income is counted in annual income.
Assisted lease (lease): A written agreement between an owner and a household for the leasing of
a dwelling unit to the household. The lease establishes the conditions for occupancy of the
dwelling unit by a household with housing assistance payments under a HAP contract between
the owner and the housing authority.
Certification: The examination of a household's income, expenses, and household composition
to determine the household's eligibility for program participation and to calculate the household's
rent for the following 12 months.
Child: For purposes of citizenship regulations, a member of the household other than the
household head or spouse who is under 18 years of age.
Child care expenses: Amounts anticipated to be paid by the household for the care of children
under thirteen (13) years of age during the period for which annual income is computed, but only
where such care is necessary to enable a household member to actively seek employment, be
gainfully employed, or to further his or her education and only to the extent such amounts are not
reimbursed. The amount deducted shall reflect reasonable charges for childcare. In the case of
childcare necessary to permit employment, the amount deducted shall not exceed the amount of
employment income that is included in annual income.
Citizen: A citizen by birth or national of the United States.
Common space: In shared housing, space available for use by the assisted household and other
occupants of the unit.
Congregate housing: Housing for elderly or persons with disabilities that meets the HQS for
congregate housing as defined by state code
Consent form: Any consent form approved by HUD to be signed by assistance applicants and
participants for the purpose of obtaining income information from employers and SWICAs,
return information from the Social Security Administration, and return information for unearned
income from the Internal Revenue Service. The consent forms may authorize the collection of
64 01/03/02
other information from assistance applicants or participant to determine eligibility or level of
benefits.
Contiguous MSA: In portability, an MSA that shares a common boundary with the MSA in
which the jurisdiction of the initial housing authority is located.
Continuously assisted: An applicant is continuously assisted under the 1937 Housing Act if the
household is already receiving assistance under any 1937 Housing Act program when the
household is admitted to the voucher program.
Cooperative: Housing owned by a non-profit corporation or association, and where a member of
the corporation or association has the right to reside in a particular apartment, and to participate
in management of the housing as defined by state code.
Domicile: The legal residence of the household head or spouse as determined in accordance with
state and local law.
Decent, safe, and sanitary: Housing is decent, safe and sanitary if it satisfies the applicable
housing quality standards.
Department: The Department of Housing and Urban Development.
Dependent: A member of the household, (except foster children and foster adults) other than the
household head or spouse, who is under 18 years of age, is a person with a disability, or is a full-
time student.
Disabilty: See "person with disabilities"
Disability assistance expenses: Reasonable expenses that are anticipated, during the period for
which annual income is computed, for attendant care and auxiliary apparatus for a disabled
household member and that are necessary to enable a household member (including the disabled
member) to be employed, provided that the expenses are neither paid to a member of the
household, nor reimbursed by an outside source.
Disabled household: A household whose head, spouse, or sole member is a person with
disabilities; or two or more persons with disabilities living together; or one or more persons with
disabilities living with one or more live-in aides.
Disabled person: See "person with disabilities."
Displaced household: A household in which each member, or whose sole member is a person
displaced by governmental action (such as urban renewal), or a person whose dwelling has been
extensively damaged or destroyed as a result of a disaster declared, or otherwise formally
recognized pursuant to federal disaster relief laws.
65 01/03/02
Displaced person: A person displaced by governmental action (such as urban renewal), or a
person whose dwelling has been extensively damaged or destroyed as a result of a disaster
declared, or otherwise formally recognized pursuant to federal disaster relief laws.
Drug-related criminal activity: Illegal use or personal use of a controlled substance, and the
illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell,
distribute or use, of a controlled substance.
Drug trafficking: The illegal manufacture, sale, or distribution, or the possession with intent to
manufacture, sell, or distribute, of a controlled substance.
Elderly household: A household whose head, spouse, or sole member is a person who is at least
62 years of age; or two or more persons who are at least 62 years of age living together; or one or
more persons who are at least 62 years of age living with one or more live-in aides.
Elderly person: A person who is at least 62 years of age.
Evidence of citizenship or eligible status: The documents that must be submitted to evidence
citizenship or eligible immigration status.
Exception rent: An amount that exceeds the published fair market rent.
Extremely low-income families: Those families whose income does not exceed 30% of the
median income for the area, as determined by HUD.
Fair Housing Act: Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988 (42 U.S.C. 3601 et seq.).
Fair market rent (FMR): The rent, including the cost of utilities (except telephone), as
established by HUD for units of varying sizes (by number of bedrooms), that must be paid in the
housing market area to rent privately owned, existing, decent, safe and sanitary rental housing of
modest (non-luxury) nature with suitable amenities. FMRs are published periodically in the
Federal Register.
Family must meet one of the following:
I. A single person 62 years or older.
2. A disabled person either who is 18 years or older and is not declared as a
dependent by a parent or guardian or who is a dependent living in a group
home or similar supervised residence.
3. A household with a child or children who resides in the unit 51% of the
time. (A child who is temporarily away from the home because of
placement in foster care is considered a member of the family).
4. 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.
5. Txvo or more persons related by blood, marriage, domestic partnership
(certified by City of Iowa City Clerk)), adoption or placement by a
governmental or social service agency, as defined by City of Iowa City
code.
66 01/03/02
Family members: includes all household members except live-in aides, foster children and
foster adults. All household members permanently reside in the unit, though they may be
temporarily absent. All household members are listed on the HUD-50058.
Family self-sufficiencyprogram(FSSprogram): The program established by a housing
authority to promote self-sufficiency of assisted families, including the coordination of
supportive services (42 U.S.C. 1437u).
Family share: The portion of rent and utilities paid by the household.
Housing: Same as family definitions/synonymous terms.
Household unit size: The appropriate number of bedrooms for a household as determined by the
housing authority under the housing authority's subsidy standards.
50058 Form: The HUD form that housing authorities are required to complete for each assisted
household in public housing to record information used in the certification and re-certification
process, and, at the option of the housing authority, for interim reexaminations.
FMR/exception rent limit: The Section 8 existing housing fair market rent published by HUD
headquarters, or any exception rent. For a tenancy in the voucher program, the housing authority
may adopt a payment standard up to the FMR/exception rent limit.
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 sum of the rent to the owner plus any utilities.
Group Home: A dwelling unit that is licensed by a state as a group home for the exclusive
residential use of two to twelve persons who are elderly or persons with disabilities (including
any live-in aide).
Head of household: The adult member of the family who is the head of the household for
purposes of determining income eligibility and rent.
Household members: Include all individuals who reside or will reside in the unit and who are
listed on the lease, including live-in aides, foster children and foster adults.
Housing Assistance Payment (HAP): The monthly assistance by a housing authority, which
includes a payment to the owner for rent to the owner under the household's lease and an
additional payment to the household if the total assistance payment exceeds the rent to owner.
Housing quality standards (HQS): The HUD minimum quality standards for housing assisted
under the Section 8 Program.
67 01/03/02
Housing voucher: A document issued by a housing authority to a household selected for
admission to the voucher program. This document describes the program and the procedures for
housing authority approval of a unit selected by the household. The voucher also states the
obligations of the household under the program.
Housing voucher holder: A household that has an unexpired housing voucher.
Imputed income: For households with net household assets of more than $5,000, the amount
calculated by multiplying net household assets by a HUD-specified percentage. If imputed
income is more than actual income from assets, the imputed amount is used in determining
annual income.
Income category: Designates a household's income range. There are three categories: low
income, very low income and extremely low-income.
Incremental income: The increased portion of income between the total amount of welfare and
earnings of a household member prior to enrollment in a training program and welfare and
earnings of the household member after enrollment in the training program. All other amounts,
increases and decreases, are treated in the usual manner in determining annual income.
Initial Housing Authority: In portability, both: (1) a housing authority that originally selected a
household that later decides to move out of the jurisdiction of the selected housing authority; and
(2) a housing authority that absorbed a household that later decides to move out of the
jurisdiction of the absorbing housing authority.
Initial payment standard: The payment standard at the beginning of the HAP contract term.
Initial rent to owner: The rent to owner at the beginning of the initial lease term.
Interim (examination): A reexamination of a household's income, expenses, and household
status conducted between the annual re-certifications when a change in a household's
circumstances warrant such a reexamination.
Jurisdiction: The area in which the housing authority has authority under state and local law to
administer the program.
Lease: A written agreement between an owner and tenant for the leasing ora dwelling unit to the
tenant. The lease establishes the conditions for occupancy of the dwelling unit by a household
with housing assistance payments under a HAP Contract between the owner and the housing
authority.
Live-in aide: A person who resides with one or more elderly persons, or near-elderly persons, or
persons with disabilities, and who:
a. Is determined to be essential to the care and well-being of the persons;
68 01/03/02
b. Is not obligated for the support of the persons; and
c. Would not be living in the unit except to provide the necessary supportive services.
Low-income families: Those families whose incomes do not exceed 80% of the median income
for the area, as determined by HUD.
Manufactured home: A manufactured structure that is built on a permanent chassis, is designed
for use as a principal place of residence and meets the HQS.
Manufacture home space: A space leased by an owner to a household. A manufactured home
owned and occupied by the household is located on the space.
Medical expenses: Medical expenses, (IRS Definition. See appendix) including medical
insurance premiums, that are anticipated during the period for which annual income is computed
and that are not covered by insurance. Only expenses over 3% of total income can be used as
medical expenses.
Mixed family: A household whose members include those with citizenship or eligible
immigration status and those without citizenship or eligible immigration status.
Monthly adjusted income: One twelfth of adjusted income.
Monthly income: One twelfth of annual income.
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.
Near-elderly household: A household whose head, spouse, or sole member is a person who is at
least 50 years of age but below the age of 62; or two or more persons, who are at least 50 years of
age but below the age of 62, living together; or one or more persons who are at least 50 years of
age but below the age of 62 living with one or more live-in aides.
Net household assets:
a. 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 excluding equity accounts in HUD homeownership
programs. The value of necessary items of personal property such as furniture and
automobiles shall be excluded.
b. In cases where a trust fund has been established and the trust is not revocable by, or under
the control of, any member of the household or household, the value of the trust fund will
not be considered an asset so long as the fund continues to be held in trust. Any income
distributed from the trust fund shall be counted when determining annual income.
c. In determining net household assets, housing authorities or owners, as applicable, shall
include the value of any business or household assets disposed of by an applicant or
tenant for less than fair market value (including a disposition in trust, but not in a
69 Ol/O3/O2
foreclosure or bankruptcy sale) during the two years preceding the date of application for
the program or reexamination, as applicable, in excess of the consideration received
therefore. In the case of a disposition as part of a separation or divorce settlement, the
disposition will not be considered to be for less than fair market value if the applicant or
tenant receives important consideration not measurable in dollar terms.
Noncitizen: A person who is neither a citizen nor national of the United States.
Notice of Funding Availability (NOFA): For budget authority that HUD distributes by
competitive process, the Federal Register document that invites applications for funding. This
document explains how to apply for assistance and the criteria for awarding the funding.
Occupancy standards: The standards that the housing authority establishes for determining the
appropriate number of bedrooms needed to house families of different sizes or composition.
Owner: Any person or entity, including a cooperative, having the legal right to lease or sublease
existing housing.
Participant (participant household): A household that has been admitted to the housing
authority's program and is currently assisted in the program. The household becomes a
participant on the effective date of the first HAP contract executed by the housing authority for
the household (first day of initial lease).
Payment standard: In a voucher tenancy, the maximum monthly assistance payment for a
household (before deducting the total tenant payment by household contribution). For a voucher
tenancy, the housing authority sets a payment standard in the range from 90% to 110% of the
current FMR.
Person with disabilities: A person who:
a. Has a disability as defined in Section 223 of the Social Security Act,
"Inability to engage in any substantial, gainful activity by reason of any medically
determinable physical or mental impairment that can be expected to result in death or
that has lasted or can be expected to last for a continuous period of not less than 12
months, or
In the case of an individual who attained the age of 55 and is blind and unable by
reason of such blindness to engage in substantial, gainful activity requiring skills or
ability comparable to those of any gainful activity in which he has previously
engaged with some regularity and over a substantial period of time."
b. Is determined, pursuant to regulations issued by HUD, to have a physical, mental or
emotional impairment that:
(1) is expected to be of long-continued and indefinite duration,
70 01/03/02
(2) substantially impedes his or her ability to live independently, and
(3) is of such a nature that such ability could be improved by more suitable housing
conditions, or
c. Has a developmental disability as defined in Section 102(7) of the Developmental
Disabilities Assistance and Bill of Rights Act.
"Severe chronic disability that:
(1) is attributable to a mental or physical impairment or combination of mental and
physical impairments;
(2) is manifested before the person attains age 22;
(3) is likely to continue indefinitely;
(4) results in substantial functional limitation in three or more of the following areas of
major life activity: (1) self care, (2) receptive and responsive language, (3) learning,
(4) mobility, (e) self-direction, (6) capacity for independent living, and (7) economic
self-sufficiency; and
(5) reflects the person's need for a combination and sequence of special, interdisciplinary,
or generic care, treatment, or other services that are of lifelong or extended duration
and are individually planned and coordinated."
This definition does not exclude persons who have the disease of acquired
immunodeficiency syndrome or any conditions arising from the etiologic agent for
acquired immunodeficiency syndrome.
No individual shall be considered to be a person with disabilities for purposes of
eligibility solely based on any drug or alcohol dependence.
Portability: Renting a dwelling unit with Section 8 tenant-based assistance outside the
jurisdiction of the initial housing authority.
Premises: The building or complex in which the dwelling unit is located, including common
areas and grounds.
Private space: In shared housing, the portion of a contract unit that is for the exclusive use of an
assisted household.
Proration of assistance: The reduction in a household's housing assistance payment to reflect
the proportion of household members in a mixed household who are eligible for assistance.
71 Ol/O3/O2
Public Housing Agency: A state, county, municipality, 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.
Reasonable rent: A rent that is not more than charged: (a) for comparable units in the private
unassisted market; and (b) for a comparable unassisted unit in the premises.
Receiving Housing Authority: In portability, a housing authority that receives a household
selected for participation in the tenant-based program of another housing authority. The
receiving housing authority issues a certificate or voucher and provides program assistance to the
household.
Re-certification: A reexamination of a household's income, expenses and household
composition to determine the household's rent for the following twelve (12) months.
Remaining member of a tenant household: A member of the household listed on the lease who
continues to live in an assisted household after all other household members have left.
Rent to owner: The monthly rent payable to the owner under the lease. Rent to owner covers
payment for any housing services, maintenance, and utilities that the owner is required to provide
and pay for.
Set-up charges: In a manufactured home space rental, charges payable by the household for
assembly, skirting and anchoring the manufactured home.
Shared housing: A unit occupied by two or more families. The unit consists of both common
space for shared use by the occupants of the unit and separate private space for each assisted
household.
Single person: Someone living alone or intending to live alone who does not qualify as an
elderly person, a person with disabilities, a displaced person, or the remaining member of a
tenant household.
Single room occupancy housing (SRO): A unit for occupancy by a single eligible individual
capable of independent living that contains no sanitary facilities or food preparation facilities, or
contains either, but not both, types of facilities.
Special admission: Admission of an applicant that is not on the housing authority waiting list, or
without considering the applicant's waiting list position.
Special housing types: Special housing types include: SRO housing, congregate housing, group
homes, shared housing, cooperatives (including mutual housing), and manufactured homes
(including manufactured home space rental).
State Wage Information Collection Agency (SWICA): The state agency receiving quarterly
wage reports from employers in the state, or an alternative system that has been determined by
72 01/03/02
the Secretary of Labor to be as effective and timely in providing employment-related income and
eligibility information.
Statement of Family Responsibility: An agreement in the form prescribed by HUD, between
the housing authority and a household to be assisted under the Moderate Rehabilitation Program,
stating the obligations and responsibilities of the household.
Subsidy standards: Standards established by a housing authority to determine the appropriate
number of bedrooms and amount of subsidy for families of different sizes and compositions.
Suspension: Stopping the clock on the term of a household's voucher, for such period as
determined by the housing authority, from the time when the household submits a request for
housing authority approval to lease a unit, until the time when the housing authority approves or
denies the request. Also referred to as tolling.
Tenant: The person or persons (other than a live-in aide) who executes the lease as lessee of the
dwelling unit.
Tenant rent: The amount payable monthly by the household as rent to the owner minus any
utility allowance.
Third-party (verification): Oral or written confirmation of a household's income, expenses, or
household composition provided by a source outside the household, such as an employer, doctor,
school official, etc.
Total tenant payment (TTP): Total tenant payment is the amount calculated under Section
3(a)(l) of the 1937 Act which is the higher of:
1. 30% of the household's monthly adjusted income;
2. 10% of the household's monthly income; or
3. Minimum rent.
Utility allowance: If the cost of utilities (except telephone) and other housing services for an
assisted unit is not included in the tenant rent but is the responsibility of the household occupying
the unit, an amount equal to the estimate made or approved by a housing authority or HUD of the
monthly cost of a reasonable consumption of such utilities and other services for the unit by an
energy-conservative household of modest circumstances consistent with the requirements of a
safe, sanitary and healthful living environment.
Utility hook-up charge: In a manufactured home space rental, costs payable by a household for
connecting the manufactured home to utilities such as water, gas, electrical and sewer lines.
Utility reimbursement: The amount, if any, by which the utility allowance for the unit, if
applicable, exceeds the total tenant payment for the household occupying the unit.
73 01/o3/o2
Verification:
1. The process of obtaining statements from individuals who can attest to the accuracy of
the amounts of income, expenses, or household member status (e.g., employers, public
assistance agency staff, doctors).
2. The three types of verification are:
a. Third-party verification, either written or oral, obtained from employers, public
assistance agencies, schools, etc.
b. Documentation, such as a copy of a birth certificate or bank statement
c. Household certification or declaration (e.g. citizenship verification)
Very lowqncome families: Low-income families whose incomes do not exceed 50% of the
median household income for the area, as determined by HUD.
Violent criminal activity: Any illegal criminal activity that has, as one of its elements, the use,
attempted use, or threatened use of physical force substantial enough to cause or be reasonably
likely to cause serious bodily injury or property damage.
Voucher (rental voucher): A document issued by a housing authority to a household selected
for admission to the Housing Choice Voucher Program. This document describes the program
and the procedures for housing authority approval of a unit selected by the household and states
the obligations of the household under the program.
Voucher holder: A household holding a voucher with unexpired search time.
Waiting list admission: An admission from the housing authority waiting list. [24 CFR 982.4]
Welfare assistance. Welfare or other payments to families or individuals, based on need, that
are made under programs funded by federal, state or local governments. [24 CFR 5.603(d)]
74 01/03/02
ACRONYMS
ACC Annual Contributions Contract
CACC Consolidated Annual Contributions Contract
CFR Code of Federal Regulations
FMR Fair Market Rent
FSS Family Self Sufficiency (Program)
HA Housing Authority
HAP Housing Assistance Payment
HCDA Housing and Community Development Act
HQS Housing Quality Standards
HUD Department of Housing and Urban Development
INS (U.S.) Immigration and Naturalization Service
NAHA (Cranston-Gonzalez) National Affordable Housing Act
NOFA Notice of Funding Availability
OMB (U.S.) Office of Management and Budget
PBC Project-Based Certificate (Program)
QHWRA Quality Housing and Work Responsibility Act of 1998
PHA Public Housing Agency
TTP Total Tenant Payment
75 01/03/02
Prepared by: Maggie Gresvenor, Hsg. Administrator, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5400
RESOLUTION NO. 02-08
RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY PUBLIC HOUSING
ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP)
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 Admissions and
Continued Occupancy Plan (ACOP) for administration of the Public Housing Program; and
WHEREAS, the public housing program would benefit from the adoption of the updated
Admissions and Continued Occupancy Plan (ACOP).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the update of the Public Housing Admissions and Continued Occupancy Plan (ACOP) be
adopted as the policy of the Iowa City Housing Authority effective immediately; and
2. 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 8th day of January ,2002.
Approved by
City Attorney's Office
It was moved by Vanderhoef and seconded by 0'Donne]'l the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X__ Champion
'-X Kanner
× Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
ACOPTABLE OFCONTENTS
1.0 FAIR HOUSING ................................................................................................................. 4
2.0 REASONABLE ACCOMODATION ............................................................................... 4
3.0 SERVICES FOR NON-ENGLISH SPEAKING APPLICANTS
AND RESIDENTS .............................................................................................................. 5
4.0 FAMILY OUTREACH ...................................................................................................... 5
5.0 RIGHT TO PRIVACY ....................................................................................................... 5
6.0 REQUIRED POSTINGS .................................................................................................... 5
7.0 TAKING APPLICATIONS ............................................................................................... 6
8.0 ELIGIBILITY FOR ADMISSION ................................................................................... 7
8.1 INTRODUCTION ................................................................................................................... 7
8.2 ELIGIBII,[TY CRITERIA ........................................................................................................ 7
8.3 SUITABILITY ....................................................................................................................... 9
8.4 GROUNDS FOR DENIAL ..................................................................................................... 1 1
9.0 MANAGING THE WAITING LIST .............................................................................. 12
9.1 OPENING AND CLOSING THE WAITING LIST ...................................................................... I2
9.2 ORGANIZATION OF THE WAITING LIST ............................................................................. 12
9.3 FAMILIES NEARING THE TOP OF THE WAITING LIST ......................................................... 12
9.4 PURGING THE WAITING LIST ............................................................................................ 13
9.5 REMOVAL OF APPLICANTS FROM THE WAITING LIST ....................................................... 13
9.6 MISSED APPOINTMENTS ................................................................................................... 13
9.7 NOTIFICATION OF NEGATIVE ACTIONS ............................................................................. 1 3
10.0 TENANT SELECTION AND ASSIGNMENT PLAN .................................................. 14
10.1 PREFERENCES ................................................................................................................... 14
1 0.2 ASSIGNMENT OF BEDROOM SIZES ..................................................................................... 14
10.3 SELECTION FROM THE WAITING LIST ............................................................................... 16
10.4 DECONCENTRATION POLICY ............................................................................................. 16
10.5 OFFER OF A UNIT .............................................................................................................. 16
10.6 REJECTION OFUN[T .......................................................................................................... 16
10.7 ACCEPTANCE OF UNIT ...................................................................................................... 17
1 1.0 INCOME, EXCLUSIONS FROM INCOME, AND DEDUCTIONS
FROM INCOME ............................................................................................................. 17
I1.1 ANNUAL INCOME .............................................................................................................. 18
I ] .9 ANNUAL INCOME EXCLUSIONS ......................................................................................... 19
11.3 DEDUCTIONS FROM ANNUAL INCOME .............................................................................. 23
12.0 VERIFICATION ............................................................................................................... 24
12.1 ACCEPTABLE METHODS OF VERIFICATION ...................................................................... 24
12.2 TYPES OF VERIFICATION ................................................................................................... 25
12.3 VERIFICATION OF CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS ................................... 27
12.4 VERIFICATION OF SOCIAL SECURITY NUMBERS ............................................................... 28
12.5 TIMING OF VERIEI(ATION ................................................................................................. 29
12.6 FREQUENCY OF OBTAINING VERIFICATION ...................................................................... 29
13.0 DETERMINATION OF TOTAL TENANT PAYMENT AND TENANT RENT ...... 29
13.1 FAMILY CHOICE ................................................................................................................ 29
13.2 THE FORMULA METIIOD ................................................................................................... 30
13.3 MINIMUM RENT. ...............................................................................................................30
13.4 FLAT RENT ....................................................................................................................... 3I
13.5 CEILING RENT .................................................................................................................. 31
13.6 RENT FOR FAMILIES I 'NDER THE NONCITIZEN RULE ......................................................... 31
13.7 UTILII'Y ALLOWANCE ....................................................................................................... 32
13.8 PAYING RENT ................................................................................................................... 33
14.0 CONTINUED OCCUPANCY AND COMMUNITY SERVICE (RESERVED) ........... 33
15.0 RECERTIFICAT1ONS .................................................................................................... 33
15.1 GENERAL .......................................................................................................................... 34
15.2 NON- RESPONSE ............................................................................................................... 34
15.3 FLAT RENTS ..................................................................................................................... 34
15.4 EFFECTIVE DATE OF RENT CHANGES FOR ANNUAE REEXAMINATIONS ........................... 35
15.5 INTERIMREEXAMINAF[ONS .............................................................................................. 35
15.6 SPECIAL REEXAMINATIONS .............................................................................................. 36
15.7 EFFECTIVE DAFE OF RENT CHANGES DUE TO INTERIM OR SPECIAL REEXAMINATIONS .. 36
16.0 UNIT TRANSFERS .......................................................................................................... 37
16.1 OBJECTIVES OF THE TRANSFER POLICY ............................................................................ 37
16.2 CATEGORIES OFTRANSFERS ............................................................................................. 38
16.3 DOCUMENTATION ............................................................................................................. 38
16.4 COSI'OFTHEFAMILY'SMOVE .......................................................................................... 38
16.5 TENANTS IN GOOD STANDING .......................................................................................... 39
16.6 TRANSFER REQI!ESTS .......................................................................................................39
10.7 RiGiII OF Itl[~IOWA(]II\ II. ouSINGAUIIiOP, II'FIN i'P, ANSI:LRPOLICY. .......................... 39
17.0 INSPECTIONS ................................................................................................................. 39
i7.1 MOVE-IN INSPECTIONS .................................................................................................... 40
17.2 ANNUAL INSPECTIONS ..................................................................................................... 40
17.3 PREVENTATIVE MAINTENANCE INSPECTIONS .................................................................40
17.4 EXTERIOR INSPECTIONS ............................................................................ 40
17.5 SPECIAL INSPECTIONS ....................................................................................................... 40
17.6 HOUSEKEEPING INSPECTIONS ........................................................................................... 40
17.7 NOTICE OF INSPECTION ..................................................................................................... 40
17.8 EMERGENCY ]NSPECI'IONS ................................................................................................ 40
17.9 PRE-MOvE-OUI INSPE(TIONS .......................................................................................... 41
17.10 MOVE-OUT INSPECTIONS ................................................................................................. 41
18.0 PET POLICY .................................................................................................................... 41
18.1 EXCLUSIONS .................................................................................................................... 41
18.2 PERMIT ...............................................................................................
42
18.3 APPROVAL ........................................................................................... 42
18.4 TYPES AND NUMBER OF PETS ........................................................................................... 42
18.5 INOCULATIONS ................................................................................................................. 43
18.6 PET DEPOSIT ..................................................................................................................... 43
18.7 FINANCIAL OBLIGATION OF RESIDENTS ............................................................................ 43
18.8 NUISANCE OR THREA[ TO HEAETH OR SAFETY ................................................................ 43
18.9 DESIGNATION OF PEI' AREAS ............................................................................................ 43
18.10 VISITING PETS .................................................................................................................. 44
I 8.11 REMOVAL OF PETS ............................................................................................................ 44
19.0 REPAYMENT AGREEMENTS ..................................................................................... 44
20.0 TERMINATION ............................................................................................................... 45
20.1 TERMINATION BY TENANT ................................................................................................ 45
20.2 TERMINATION BY -IHE HOUSING AUTHORITY ................................................................... 45
20.3 PENALTIES ............................................................................................ 46
20.4 ABANDONMENT ................................................................................................................ 46
20.5 RETURN OF SECURIIY DEPOSII'. ....................................................................................... 46
21.0 APPEALS ..................................................................... 47
21.1 ADMISSION REWEW ............................................................................... 47
21.2 INS/CITIZENSHIP DENIAL INFORMAL REVIEW .................................................. 48
21.3 TENANT GRIEVANCE PROCEDURE ................................................................. 48
APPENDIX 1 .......................................................................................... 53
APPENDIXII .......................................................................................... $4
GLOSSARY .......................................................................................... 57
ACRONYMS .......................................................................................... 66
ADMISSIONS AND CONTINUED OCCUPANCY POLICY
This Admissions and Continued Occupancy Policy defines the Iowa City Housing Authority's
policies for the operation of the Public Housing Program, incorporating Federal, State and local
law. If there is any conflict between this policy and laws or regulations, the laws and regulations
will prevail.
1.0 FAIR HOUSING 24 CFR 960.103 (A)
It is the policy of the Iowa City Housing Authority (ICHA) to fully comply with all
Federal, State and local nondiscrimination laws; the Americans with Disabilities Act; and
the U. S. Department of Housing and Urban Development regulations governing Fair
Housing and Equal Opportunity.
No person shall, on the grounds of race, color, sex, religion, marital status, crccd, sexual
orientation, gender identity, age, national or ethnic origin, familial status, or disability be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under the Iowa City Housing Authority's programs.
To further its commitment to full compliance with applicable Civil Rights laws, the Iowa
City Housing Authority will provide Federal/State/Iocal information to applicants/tenants
of the Public Housing Program regarding discrimination and any recourse available to
them if they believe they may be victims of discrimination. Such information will be
made available, and all applicable Fair Housing Information and Discrimination
Complaint Forms will be made available at the Iowa City Housing Authority office.
The Iowa City Housing Authority will assist any family that believes they have suffered
illegal discrimination by providing them copies of the appropriate housing discrimination
forms. The Iowa City Housing Authority will also assist them in complcting the forms if
requested, and will provide them with the address of the nearest HUD office of Fair
Housing and Equal Opportunity.
2.0 REASONABLE ACCOMODATION 24 966.7 & 24 CFR 100.Z04
Individuals with disabilities may need a reasonable accommodation in order to take full
advantage of the Iowa City Housing Authority housing programs and related services.
The ICHA will provide a notice to each tenant that the tenant may, at any time during the
tenancy, request reasonable accommodation. When such accommodations are granted,
they do not confer special treatment or advantage for the person with a disability; rather,
they make the program accessible to them in a way that would otherwise not be possible
due to their disability.
4
3.0 SERVICES FOR NON-ENGLISH SPEAKING APPLICANTS
AND RESIDENTS 24 CFR 5.502
The Iowa City Housing Authority will endeavor to provide accommodations for people
who are not proficient in the English language. The City of Iowa City subscribes to a
telephone interpreter service that provides interpretation in over 140 languages. At any
time, a non-English speaking client family may request the use of this service in their
contacts with the Housing Authority.
4.0 FAMILY OUTREACH
The Iowa City Housing Authority will publicize thc availability and nature of the Public
Housing Program for extremely low-income, very Iow and low-income families in a
newspaper of general circulation or by other suitable means.
To reach people who cannot or do not read the newspapers, the Iowa City Housing
Authority will distribute fact sheets to the broadcasting media and initiate personal
contacts with members of the news media and community service personnel. The Iowa
City Housing Authority will also try to utilizc public service announcements if
appropriate.
The lowa City Housing Authority will communicate the status of housing availability to
other service providers in the community and inform them of housing eligibility factors
and guidelines so they can make proper referrals for the Public Housing Program.
5.0 RIGHT TO PRIVACY 24 CFR 5.212
All adult members of both applicant and tenant households are required to sign HUD
Form 9586, Authorization for Release of lnfbrmation and Privacy Act Notice. The
Authorization for Rclease of Information and Privacy Act Notice states how family
information will be released and includes the Federal Privacy Act Statement.
Any request for applicant or tenant information will not be released unless there is a
signed release of information request from the applicant or tenant.
6.0 REQUIRED POSTINGS 24 CFR 966.5
The Iowa City Housing Authority will make available, in a conspicuous place and at a
height easily read by all persons including persons with mobility disabilities, the
following information:
A. Statement of Policies and Proccdurcs governing Admission and Continued
Occupancy
B. Notice of the status of the waiting list (opened or closed)
C. Income Limits for Admission
5
D. Excess Utility Charges
E. Utility Allowance Schedule
F. Current Schedule of Routine Maintenance Charges
G. Dwelling Lease
H. Grievance Procedure
I. Fair Housing Poster
J. Equal Opportunity in Employment Poster
K. Any current Iowa City Housing Authority Notices
7.0 TAKING APPLICATIONS
Families wishing to apply for the Public Housing Program will be required to complete
an application for housing assistance. Applications will be accepted during posted times
at the Iowa City Housing Authority Offices located in the Civic Center at:
410 East Washington Street, Iowa City, Iowa 52240
Upon request, applications will be mailed to interested families who do not reside in the
Iowa City/Coralville, or who are unable, due to a disability or other good cause, to visit
the Iowa City Housing Authority office.
Applications are taken to compile a waiting list. Due to the demand for housing in the
Iowa City Housing Authority jurisdiction, the Iowa City Housing Authority may take
applications on an open enrollment basis, depending on the length of the waiting list.
Only completed applications will be accepted for all applicants and the Iowa City
Housing Authority will verify the information.
The completed application will be dated and time stamped upon its return to the Iowa
City Housing Authority.
Persons with disabilities who require a reasonable accommodation in completing an
application may call the Iowa City Housing Authority to make special arrangements. A
Telecommunication Device for the Deaf (TDD'} is available for the hearing impaired. The
TDD telephone number is (319) 356-5404.
The application process will involve two phases. The first phase requires the family to
provide limited basic information establishing any preferences to which they may be
entitled. This first phase results in the family's placement on the waiting list.
Upon receipt of the family's application, the Iowa City Housing Authority will make a
preliminary determination of eligibility. The Iowa City Housing Authority will notify the
6
f~amily in writing of the date and time of placement on the waiting list, and the
approximate wait before housing may be offered If the Iowa City Housing Authority
detcmqines tbe family to be ineligible, the notice will state the reasons therefore and will
offer the family the opportunity of an informal review of the determination.
The applicant must report change in their applicant status including changes in address,
family composition, income, or preference factors. The Iowa City Housing Authority will
annotate the applicant's file and will update their information on the waiting list.
The second phase is the final determination of eligibility, and is referred to as the full
application. Thc full application takes place when the family nears thc top of the waiting
list. The Iowa City Housing Authority will ensure that verification of all preferences,
eligibility, suitability and selection factors are current in order to determine the family's
final eligibility for admission into the Public Housing Program.
8.0 ELIGIBILITY FOR ADMISSION
&l INTRODUCTION
There arc five eligibility requirements for admission to Public Housing. The applicant
must:
1) qualify as a family
2) bave an income within the income limits
3) meet citizenship/eligible immigrant criteria
4) provide documentation of Social Security numbers, birth certificates, photo id's
5) sign HUD consent form 9886 and other ICHA required authorization documents
6) Has not been involved in drag-related or criminal behavior or has not displayed a
pattern ot'other criminal behavior in the past 5 years. See page 9 (B3)
In addition to the eligibility criteria, families must also meet the Iowa City Housing
Authority suitability criteria in order to be admitted to Public Housing.
&2 ELIGIBILITY CRITERIA
A. Family status (at the time of application) 24 CFR 960.201 (a)(1)
A thmily is defined as:
1. A single person 62 years or older.
2. A disabled person either who is 18 years or older and is not declared as a
dependent by a parent or guardian or who is a dependent living in a group home
or similar super¢ised residence.
3. A household with a child or children who resides in the unit 51% of the time. (A
child who is temporarily away from the home because of placement in foster care
is considered a member of the family).
4 Ixxo ~)~ more elderly persons or disabled persons lixiug together, or one or more
elderly or disabled persons living with one or more live-in aides.
7
5. Two or more persons related by blood, marriage, domestic partnership (certified
by City of Iowa City Clerk)), adoption or placement by a governmental or social
service agency, as defined by City of Iowa City code
B. Income eligibility CFR 24 960.202 (a)(2)
I. Income limits apply only at admission and are not applicable for continued
occupancy.
2. A family may not be admitted to the Public Housing program from another
assisted housing program (e.g., tenant-based Section 8) or from a Public Housing
program operated by another housing authority without meeting the income
requirements of the Iowa City Housing Authority.
3. If the Iowa City Housing Authority acquires a property for federal Public Housing
pmT~OSCS, the l~amilies living there must have incomes within the low-income limit
in order to be eligible to remain as Public Housing tenants.
4. Income limit restrictions do not apply to families transferring within our Public
Housing Program.
5. If tbcre are no eligible families on the waiting list and the lowa City Housing
Authority has published a 30-day notice of available units in at least one
newspaper of general circulation; families above the applicable income limit may
be housed. They must vacate the unit if an eligible family applics.
C. Citizenship/Eligibility Status 42 USC 1436 a
1. To be eligible, each member of the family must be a citizen, national, or a
noncitizen who has eligible immigration status under one of the categories set
forth in Section 214 of the Housing and Community Development Act of 1980
(42 U.S.C. 1436a(a)).
2. Family eligibility for assistance.
a. A family shall not be eligible for assistance unless every member of the
family residing in the unit is determined to have eligiblc status, with the
exception noted below.
b. Despite the ineligibility of one or more family members, a mixed family may
be eligible for one of three types of assistance. (See Section 13.6 for
calculating rents under the noncitizen rule)
c. A family without any eligible members and receiving assistance on June I9,
1995 may be eligible for temporary deferral of termination of assistance.
D. Social Security Number Documentation 24 CFR 960.259 (a)(3)(i)
8
To be eligible, all family members over 6 years of age must provide a Social Security
nLiillber.
E. Signing Consent Forms: 24 CFR 960.259(b)
1. In order to be eligible, each member of the family who is at least 18 years of age,
and each family head and spouse regardless of age, shall sign one or more
consent forms.
2. The consent form must contain, at a minimum, the following:
a. A provision authorizing HUD or the Iowa City Housing Authority to obtain
from Iowa Workforce Development Center any information or materials
necessary to complete or verify the application for participation or for
cligibility for continued occupancy;
b. A provision authorizing HUD or the iowa City Housing Authority to veril'y
with previous or current employers income information pertincnt to the
family's eligibility for or level of assistance;
c. A provision authorizing HUD to request income information from the IRS,
the Department of Human Services, and the SSA for the sole purpose of
verifying income information pertinent to the family's eligibility or level of
benefits; and
d. A statement that the authorization to release the information requested by the
consent form expires 15 months after the date the consent form is signed.
&3 SUITABILITY
A. Applicant families will be evaluated to determine whether, based on their recent
behavior, such behavior could reasonably be expected to result in noncompliance with
the Public Housing lease. The Iowa City Housing Authority will look at past conduct as
an indicator of future conduct, however consideration shall be given to the time, nature,
and extent of the applicant's conduct to which might indicate probability of favorable
prospects. Emphasis will be placed on whether a family's admission could reasonably be
expected to have an adverse effect on the development environment, other tenants, Iowa
City Housing Authority employees, or other people residing in the immediate vicinity of
the property. Otherwise eligible families will be denied admission if they fail to meet the
suitability criteria. 24 CFR 960.205 & 206
B. The Iowa City Housing Authority will consider objective and reasonable aspects of the
family's background, including thc following:
i. History of meeting financial obligations, especially rent; 24 CFR 960.205 (b)(l)
2. Have a record of disturbance of neighbors, destruction of property, or living or
housekeeping habits at prior residences which may adversely affect the health,
safety or welfare of other tenants; 24 CFR 960.205 (b)(2)
3. History of criminal activity by any household member involving crimes of physical
violence against persons or property and any other criminal activity including drug-
related criminal activity that would adversely affect the health, safety, or well being
of other tenants or staff or cause damage to the property; 24 CFR 960.204
4. Having committed fraud in connection with any Federal housing assistance
program, including the intentional misrepresentation of information related to their
housing application or benefits derived therefrom; and
5. History of abusing alcohol or drugs in a way that may interfere with the health,
safety, or right to peacefi~l enjoyment by others. 24 CFR 960.204 (b)
C. Thc Iowa City Housing Authority will ask applicants to provide information
demonstrating their ability to comply with the essential elements of the lease. The Iowa
City Housing Authority will verify the iuformation provided. Such verification may
includc but may not be limited to thc lbllowing:
1. A credit check of the head, spouse and co-head;
2. A rental history check of all adult family members;
3. A check of employment history oFall adult family members;
4. A criminal background check on all household members, including live-in aides. This
chcck will be made through State or local law enforcement or court records in thosc
cases where the household member has lived in the local jurisdiction for the last five
(5) years. Where the individual has lived outside the local area, the Iowa City
Housing Authority may require the family to provide a copy of their criminal records
or may contact law enforcement agencies and investigate criminal court files where
the individual had lived or request a check through the FBI's National Crime
Inlbrmation Center (NCIC);
5. The family is required to provide a signed affidavit certifying that that no family
members (including minors) have participated in any criminal behavior for the past
five (5) years
6. A home visit. The home visit provides the opportunity for the family to demonstrate
their ability to maintain their home in a safe and sanitary manner. This inspection
considers cleanliness and care of rooms, appliances, and appurtenances. The
inspection may also consider any evidence of criminal activity; and
7. A check of the State's lifetime sex offender registration program for each adult
household member, including live-in aides. (No individual registered with this
program will be admitted to Public Housing. See 8.4) 42 USC 13663; 24 CFR
960.204(a)(4).
8.4 GROUNDS FOR DENIAL
The Iowa City Housing Authority is not required or obligated to assist applicants who:
A. Do not meet any one or more of the suitability criteria as defined in 8.3 of this document;
B. Do not supply infom~ation or documentation required by the application process; 24 CFR
5.218
C. Have failed to respond to a written request for information or a request to declare their
continued interest in the program; 24 CFR 5.218
D. Currently owes rent or other amounts to any housing authority in connection with their
Public Housing or Section 8 programs;
E. Have committed fraud, bribery or any other corruption in connection with any Federal
housing assistance program, including the intentional misrepresentation of information
related to their housing application or benefits derived there from;
F. Have any household member who has been evicted from federally assisted housing for
three years from date of eviction for drug-related criminal activity; 24 CFR. 960.204(a)
G. Have any household member who is currently engaging in illegal use of a drug or the
ICHA has reasonable cause to believe that a household member's illegal use or pattern of
illegal use ora drug may threaten the health, safety, or right to peaceful enjoyment of the
premises by other residents. 24 CFR 960.204(a)(2)
The ICHA may, in its sole discretion, waive this requirement iff
1. The person demonstrates to the [CHA's satisfaction that the person is no longer
engaging in drug-related criminal activity or abuse of alcohol;
2. The circumstances leading to the eviction no longer exist (for example the criminal
household member is in prison or has died.)
3. Has successfully completed a supervised drug or alcohol rehabilitation program
approved by the ICHA;
4. Has otherwise been rehabilitated successfully;
5. Is within one (1) month of successful completion of a supervised drug or alcohol
rehabilitation program approved by the ICHA.
H. Have engaged in or threatened abusive or violent behavior towards any Iowa City
Housing Authority staff or residents;
I. Have a family household member who has been terminated under the certificate
or voucher program;
ll
J. Denied for Life: If any family member has been convicted of manufacturing or producing
mcthamphetamine in a Federally assisted housing property. 24 CFR 960.204(a)(3)
K. Denied for Life: Has a lifetime registration under a State sex offender registration
program. 24 CFR 960.204(a)(4)
9.0 MANAGING THE WAITING LIST
9.1 OPENING AND CLOSING THE WAITING LIST 24 CFR 960.206
Opening of the waiting list will be mmounced with a public notice stating that applications
Ibr Public Housing will again be accepted. The public notice will state where, when, and
how to apply. The notice will be published in a local newspaper of general circulation. The
public notice will state any limitations to xvho may apply.
'l'l]c noticc will state that applicants already on waiting lisls for other housing programs
must apply separately for this program and such applicants will not lose their place on other
waiting lists when they apply for Public Housing. The notice will be in compliance with
Fair Housing requirements.
Closing of the waiting list will also bc announced with a public notice. The public notice
will state the date the waiting list will be closed and for what bedroom sizes. The public
notice will be published in a local newspaper of general circulation.
9.2 ORG,4NIZATION OF THE WAITING LIST 24 CFR 960.206 (e)(l)
The waiting list will be maintained in accordance with the following guidelines:
A. 'lhe application will be part of an active applicant's/tenant's pcrmanent file, all dropped
application will be kept for thrcc (3) years.
B. All applications will be maintained in order of bedroom size, preference, and then in
order of date and time of application; and
C. Any contacts between the Iowa City Housing Authority and the applicant will be
documented in the applicant file.
9.3 FAMILIES NEARING THE TOP OF THE WAITING LIST
When a family appears to be within three (3) months of being offered a unit, the family will
be sent a Tenant Information Form (TIF) to complete and return to the ICHA. This begins
the verification process. It is at this point in time that the family's waiting list preference will
bc vcrificd. If the family no longer qualifies to be near the top of the list, the family's name
will be returned to the appropriate place on the waiting list. The Iowa City Housing
Authority must notify the family, in writing, of this determination and give the family the
opportunity for an informal review.
12
Once the preference has been verified, the family will complete a full application, present
Social Security number infon~nation, citizenship/eligible immigrant reformation, and sign
the Consent for Release of Information forms.
9.4 PURGING THE WAITING LIST
The Iowa City Housing Authority will update and purge its waiting list at least annually to
ensure that the pool of applicants reasonably represents the interested families for whom the
Iowa City Housing Authority has current information, i.e. applicant's address, family
composition, income category, and preferences.
9.5 REMOVAL OF APPLICANTS FROM THE WAITING LIST
The Iowa City Housing Authority shall remove an applicant's name from the waiting list
when:
A. The applicant requests in writing that the name be removed;
B. The applicant fails to respond to a written request for information or a request to declare
their continued interest in the program (this includes mail undeliverable by the Postal
Service which is returned to the ICHA); or
C. The applicant does not meet either the eligibility or suitability criteria for the program.
Application forms from applicants removed from the waiting list will be destroyed three (3)
years from date of removal.
9.6 MISSED APPOINTMENTS
If an applicant fails to keep a scheduled appointment, the Iowa City Housing Authority will
allow fine family to reschedule for good cause, as determined by the ICHA. Generally, no
more than one opportunity will be given to reschedule without good cause, and no more
than two opportunities will be given for good cause. When good cause exists for missing an
appointment, the Iowa City Housing Authority will work closely with the family to find a
morc suitable time.
9. 7 NOTIFICATION OF NEGATIVE ACTIONS CFR 24 960.208 (a)
Any applicant whose name is being removed from the waiting list will be notified by the
Iowa City Housing Authority, in writing, that they have ten (10) calendar days from the date
of the written correspondence to present mitigating circumstances or request an informal
review. (See Section 8.5) The letter will also indicate that their name will be removed from
the waiting list if they fail to respond within the timeframe specified.
The Iowa City Housing Authority system of removing applicant names from the waiting list
will not violate the rights of persons with disabilities. If an applicant claims that their failure
to respond to a request for information or updates was caused by a disability, the Iowa City
Housing Authority will verify that there is, in fact, a disability and the disability caused the
13
failure to respond, and provide a reasonable accommodation. An example of a reasonable
accommodation would be to reinstate the applicant on the waiting list based on the date and
time of the original application.
10.0 TENANT SELECTION AND ASSIGNMENT PLAN
10.1 PREFERENCES
The ICHA will select families based on the following preferences within each bedroom
size category: 24 CFR 960.206 (a)(1)
A. Displaced: Individuals or families displaced by government action or whose dwelling
has been extensively damaged or destroyed as a result of a disaster declared or
other,vise formally recognized pursuant to Federal disaster relief laws.
B. Life Threatening Housing: individuals or families living in a privately operated
homeless shelter designed to provide temporary living accommodations, or a person
living on the street, in a car, tent, or other structure not suitable for habitation as can be
documented by the Emergency Housing Project (EHP) in Iowa City. or~
Individuals or fanPlies living in a privately operated domestic violence shelter
designed to provide temporary living accommodations or a person who is a victim of
domestic violence who can identify housing as a primary barrier to safety as can be
documented by the Domestic Violence Intervention Program in Iowa City
C. All other applicants.
Based on the above preferences, all families in A will be offered housing before any
families in B, and B families will be offered housing before any families in C.
The date and time of application will be noted and utilized to determine the sequence
within the above-prescribed preferences.
Accessible Units: Accessible units will be first offered to families who may benefit from
the accessible features. Applicants for these units will be selected utilizing the same
preference system as outlined above. If there are no applicants who would benefit from the
accessible features, the units will be offered to other applicants in the order that their names
come to the top of the waiting list. Such applicants, must accept a transfer (at their own
expense) if, at a future time, a family requiring an accessible feature applies. Any family
required to transfer will be given a 30-day notice. 24 CFR 960.206 (c)
10.2 ASSIGNMENT OF BEDROOM SIZES
The folloxving guidelines will determine each family's unit size without overcroxvding or
over-housing:
Numbcr of Bedrooms Number of Persons
Minimum Maximum
0 1 1
1 l 2
2 2 4
14
4 4 8
These standards are based on the assumption that each bedroom will accommodate no more
than two (2) persons. Zero bedroom units will only be assigned to one-person families.
In determining bedroom size, the Iowa City Housing Authority will include the presence of
children who are in the honsehold at least 51% of the time, children to be born to a
pregnant woman, children who are in the process of being adopted, children who are
temporarily away at school, or children who are temporarily (less than 1 year) in foster-
care. Other pending custody issues will be evaluated on a case by case basis, taking into
account the reasonable likelihood of success. Documentation of guardianship will be
required.
In addition, the following considerations may be taken in determining bedroom size:
A. Children of the same sex may share a bedroom.
B. Children of the opposite sex, both under the age of 5 may share a bedroom.
C. Adults and children xvill not be required to share a bedroom. Foster adults and/or foster
children will not be required to share a bedroom with family members.
D. Live-in aides will get a separate bedroom.
Exceptions to normal bedroom size standards include the tbllowing:
A. Units smaller than assigned through the above guidelines - A family may reqnest a
smaller unit size than thc guidelines allow. The Iowa City Housing Authority may
allow the smaller size unit so long as generally no more than two (2) people per
bedroom are assigned. In such situations, the family will sign a certification stating they
understand they will bc ineligible for a larger size unit for one year or until the family
size changes, whichever may occur first. The ICHA is uuder no obligation to allow a
larger size unit and any moves allowed will be at the family's own expense.
B. Units larger than assigned through the above guidelines - A family may request a larger
unit size than the guidelines allow. The Iowa City Housing Authority may allow the
larger size unit if the family provides a verified medical need that the family must be
housed in a larger unit.
C. If there are no families on the waiting list for a larger size, smaller families may bc
housed if thcy sign a release form stating they will transfer (at the family's ow'n
cxpcttsc) to thc apploprlaiC size unil. whc~ an eligible l~tmily ncfding thc hugc~ rout
applies. The family transferring will be given a 30-day notice before being required to
move.
D. Larger units may be offered in order to improve the marketing of a development
suffering a high vacancy ratc.
15
10.3 SELECTION FROM THE WAITING LIST 24 CFR 960.202
The Iowa City Housing Authority shall fbllow the statutory requirement that at least 40%
of newly admitted families in any fiscal year be families whose annual income is at or
below 30% of the area median income. To insure this requirement is met, the ICHA shall
quarterly monitor the incomes of newly admitted families and the incomes of the families
on the waiting list. It' it appears that the requirement to house extremely low-income
families will not be met, higher income families on the waiting list will be skipped to reach
extremely low-income families.
Outreach on a non-discriminatory basis to attract extremely low-income families to reach
the statutory requirement will be considcred to meet the 40% requirement explained in the
preceding paragraph.
10.4 DECONCENTRA TION POLICY 24 CFR 960.202
Iowa City has no designation of poverty/blight stricken areas. The ICHA continues to
encourage income mixing by bringing higher income families into lower income areas and
lower income families into higher income areas. (See Appendix 1)
10.5 OFFER OFA UNIT
When the Iowa City Housing Authority discovers that a unit will become available, it will
contact the first family on the waiting list who has thc highest priority for this type of unit
and whose income category would help to meet the deconcentration goal and/or the income
targeting goal.
The Iowa City Housing Authority will contact the family first by telephone to make the
unit offer. If the family cannot be reached by telephone, the family will be notified ora unit
offer via first class mail. The family will be given five (5) business days from the date the
letter was mailed to contact the Iowa City Housing Authority regarding the offer.
The family will be offered thc opportunity to view the unit. After the opportunity to view
the unit, the family will have two (2) business days to accept or reject the unit. This verbal
offer and the family's decision must be documented in the tenant file. If the family rejects
thc offer of the unit, the lowa City Housing Authority will send the family a lettcr
documenting the offer and the rejection.
10.6 REJECTION OF UNIT
If in making the offer to the family the Iowa City Housing Authority skipped over other
families on the waiting list in order to meet their deconcentration goal and the family
rejects the nnit, the family will not lose their place on thc waiting list and will not be
otherwise penalized.
If the Iowa City Housing Authority did not skip over other families on the waiting list to
reach this family and the family rejects the unit without good cause, the family will be
remox ed fi'om thc xx;titing list and will need to real)ply if they desire future cousidcratiou.
16
If the family rejects with good cause any unit offered, they will not lose their place on the
waiting list. Good cause includes reasons related to health, proximity to work, school, and
childcare (for those working or going to school). The I~amily will be offered the right to an
informal review of the decision to alter their application status.
10. 7 ACCEPTANCE OF UNIT
The family will be required to sign a lease that will become effective no later than three (3)
business days after the date of acceptance or the business day after the day thc unit
becomes available, whichever is later.
The applicant will be provided a copy of the lease, the grievance procedure, utility
allowances, utility charges, the current schedule of routine maintenance charges, and a
request for reasonable accommodation form. These documents will be explained in detail.
The applicant will sign a certification that they have received these documents and that
thcy have reviewed them with Housing Authority personnch The certification will be filed
in the tenant's file.
The head o~' household and all adult family membcrs will be required to execute the lease
prior to admission. One executed copy of the lease will be furnished to the head of
household and tbe Iowa City Housing Authority will retain the original executed lease in
thc tenant's file. A copy of the grievance procedure will be attached to the resident's copy
of the lease.
The family will pay a security deposit at the time of lease signing. The security deposit will
be equal to the Total Tenant Payment (as defined in Section 13) or a set amount ($300 for a
2 or 3 bedroom unit, and $400 for a 4 bedroom), whichever is greater. An additional
deposit will be required for approved pets (see section 18.0).
In exceptional situations, the Iowa City Housing Authority reserves the right to allow a new
resident to pay their security deposit in up to three (3) payments. One third shall be paid in
advance; one third with their second rent payment, and one-third with their third rent
payment. This shall be at the sole discretion of thc Housing Authority.
In the case ora move within Public Housing, thc security deposit for the first unit will be
trausferred to the second unit. Additionally, if thc security deposit for the second unit is
greater thau that for the first, the difference will bc collected from the family. Conversely,
if the secnrity deposit is less, the difference will hc rcl'uuded to the family.
In the event there are costs attributable to the family for bringing the first unit into
condition for re-renting, thc family shall be billed for these charges.
11.0 INCOME, EXCLUSIONS FROM INCOME, AND
DEDUCTIONS FROM INCOME
To determine annual income, the Iowa City Housing Authority counts the income of all
family members, excluding the types and sources of income that are specifically excluded.
Ouce the annual incomc is determined, the lowa City Housing Authority subtracts all
allowable dcductions (alloxvances) to determine the Total Tenant Payment.
17
1 I. 1 ANNU.4 L INCOME
Annual income means all amounts, monetary or not, that:
A. Go to (or on behalf of) the family head or spousc (even if temporarily absent) or to any
other family member; 24 CFR 5.609 (a)(1) or
B. Are amicipatcd to be received from a source outside the family during the 12-month
period following admission or annual reexamination effective date; 24 CFR 5.609(a)(2)
and
C. Are not specifically excluded from annual income. 24 CFR 5.609(a)(3)
Annual income includes, but is not limited to:
A. The full amount, before any payroll deductions, of wages and salaries, overtime pay,
commissions, fees, tips and bonuses, and other compensation for personal services. 24
CFR 5.609(b)( 1 )
B. The net income from the operation of a business or profession. Expenditures for business
expansion or amortization of capital indebtedncss are not used as deductions in
deternfining net income. An allowance for deprcciation 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
busincss or profession is included in income, except to the extent the withdrawal is a
reimbursement of cash or assets invested in the opcration by the family. 24 CFR
5.609(b)(2)
C. Interest, dividends, and other net income of any kind from real or personal property.
Expenditures for amortization of capital indebtedness are not 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 o~' cash or assets from an investment is
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 $5,000,
annual income includes the greater of the actual income derived from all net family assets
or a percentage of the value of such assets based on /he current passbook savings rate, as
determined by HUD. 24 CFR 5.609(b)(3)
D. The fidl amount of periodic amounts 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 amounts for
the delayed start of a periodic amount. (Howcxc~'. dcfc~'red periodic amounts fi-om
supplemental security income and Social Security benefits that are received in a lump
sum anaount or in prospective monthly amounts are excluded.) 24 CFR 5.609(b)(4)
E. Payments in lieu of earnings, such as anemployment and disability compensation,
worker's compensation, and severance pay. (However, lump sum additions such as
insurance payments from worker's compensation are excluded.) 24 CFR 5.609(b)(5)
18
F. Welfare assistance 24 CFR 5.609(b)(6).
1. If the welfare assistance payment includes an amount specifically designated for
shelter and utilities that is subject to adjustment by the welfare assistance agency in
accordance with the actual cost of shelter and utilities, the amount of welfare
assistance income to be included as income consists off 24 CFR 5.609(b)(6)
a. The amount of the allowance or grant exclusive of the amount specifically
designated for shelter or utilities; plus 24 CFR 5.609(b)(6)(i)
b. The maximum amounts that the welfare assistance agency could in fact allow the
I~amily for shelter and utilities. If the ~¢amily's welfare assistance is ratably reduced
from the standard of need by applying a percentage, the amount calculated under
this requircmcnt is the amount resulting From one application of the percentage.
24 CFR 5.609(b)(6)(i)
2. If tile amount of welfare is reduced due to an act of fraud by a family nlcmber or
because of any family member's failure to comply with requirements to participate in
an economic self-sufficiency program or work activity, the amount of rent required
to be paid by the family will not be decreased. In such cases, the amount of income
attributable to the family will include what the family would have received had they
complied with the welfare requirements and/or had not committed an act of fraud. 24
CFR 5.615 (c)
3. If thc amount of welfare assistance is reduced as a result ora lifetime time limit, the
reduced amount is the amount that shall be counted as income. 24 CFR 5.615(c)
G. Periodic and determinable allowances, such as alimony, child support payments, and
regular contributions or gifts received from organizations or from persons not residing in
the dwelling. 24 CFR 5.609(b)(7)
H. All regular pay, special pay, and allowances of a member of the Armed Forces. (Special
pay to a member exposed to hostile fire is excluded.) 24 CFR 5.609(b)(8)
l 1.2 ANNUAL INCOME EXCLUSIONS
Annual income does not include the following:
A. Income from employment of children (including foster children) under the age of 18
years; 24 CFR 5.609(c)(1)
B. Payments received for the care of foster children or foster adults (usnally persons with
disabilities, unrelated to the tenant family, who are nnable to live alone); 24 CFR
5.609(c)(2)
C. 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; 24 CFR 5.609(c)(3)
19
D. Amounts received by the family that is specifically for or in reimbursement of, the cost of
medical expenses for any family member; 24 CFR 5.609(c)(4)
E. Income ora live-in aide; 24 CFR 5.609(c)(5)
F. The full amount of' student financial assistance paid directly to the student or to the
educational institution; 24 CFR 5.609(c)(6)
G. The special pay to a family member serving in the Armed Forces who is exposed to
hostile fire; 24 CFR 5.609(c)(7)
H. Self-Sufficiency Incentives 24 CFR 960.255
1. When an increase m annual income occurs as the result of employment under any of
the following conditions:
a. Family member was previously unemployed for one or more years (previously
unemployed means no more than would be earned for 10 hours of work per week
I'or 50 weeks at the established minimum wage.) 24 CFR 960.255 (i) or
b. Family member has new employment as a result of participation in an economic
self-sufficiency or other job-training program. 24 CFR 960.255 (ii) or
c. Family member has new employment during or within 6 months of rcceiving
benefits or services under any state program for temporary assistance for needy
families (FIP), provided that the total amount over a six-month period is at least
$500. 24 CFR 960.255 (iii)
2. If any of the above conditions exist, that family member is eligible for 100% income
exclusion of thc income increase for a period of 12 cumulative months. 24 CFR
960.255 (b)
3. During the second cumulative 12-month period, the family member is entitled to a
50% exclusion of the income increase. 24 CFR 960.255 (b) (2)
4. Thcre is a maximum lifetime disallowance of four years. 24 CFR 960.255 (b) (3)
5. The disallowance period shall begin as of the month following the first date of
ernployment for the qualified family member. 24 CFR 960.255 (b)
6. The exclusion of increases in income as a result of employment under this section
does not apply for purposes of admission to the Public Housing program (including
the detemfination of income eligibility and income targeting). 24 CFR 960.255 (c).
I. The amounts received from the following programs:
1. Amounts received under training programs funded by HUD; 24 CFR 5.609(c)(8)(i)
2. Amounts received by a person with a disability that are disregarded for a limited time
for puq)oses of Supplemental Security Income eligibility and bencfits because they
2O
are set aside for use under a Plan to Attain Self-Sufficiency (PASS); 24 CFR
5.609(c)(8)(ii)
3. Amounts received by a participant in other publicly assisted programs that are
specifically for or in reimbursement of out-of-pocket expenses incurred (spccial
equipment, clothing, transportation, child care, etc.) and that are made solely to allow
participation in a specific program; 24 CFR 5.609(c)(8)(iii)
4. Amounts received under a resident service stipend. A resident service stipend is a
modcst amount (not to exceed $200 per month) received by a resident for performing
a service for the Housing Authority or owner, on a part-time basis, that enhances the
quality of life in tbe development. Such services may include, but are not limited to,
fire patrol, hall monitoring, lawn maintenance, and resident initiative coordination.
No resident may receive more than one such stipend during the same period of time;
24 CFR 5.609(c)(8)(iv)
5. Incremcntal earnings and benefits resnlting to any family member from parlicipation
in qualifying State or local employment training programs (including training
programs not affiliated with a 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 thc
employment training program; 24 CFR 5.609(c)(8)(v)
6. Temporary, nonrecurring or sporadic income (including gifts); 24 CFR 5.609(c)(9)
7. Reparation payments paid by a foreign government pursuant to claims filed under the
laws of that government by persons who were persecuted dnring the Nazi era;
24 CFR 5.609(c)(10)
8. Earnings in cxcess of $480 for each full-time student 18 ycars old or older (excluding
the head of household and spouse); 24 CFR 5.609(c)(11)
9. Adoption assistance payments in excess of $480 per adopted child; 24 CFR
5.609(c)(12)
10. For family members who enrolled in certain training programs prior to 10/1/99, the
earnings and benefits resulting from the participation if the program provides
employment training and supportive services in accordance with the Family Support
Act of 1988, Section 22 of the 1937 Act (42 U.S.C. 1437t), or any comparable
Federal, State, or local law during the exclusion period. For purposes of this exclusion
the following definitions apply: 24 CFR 5.609(c)(13) 24 CFR 5.609(c)(13)
a. Comparable Federal, State or local law means a program providing employment
training and supportive services that: 24 CFR 5.609(c)(13)(ii)(A)
i. Is authorized by a Federal, State or local law;
ii. ls funded by the Federal, State or local government;
iii. ls operated or administered by a public agency; and
ix'. Has as its objective to assist participants in acquiring employment skills.
2l
b. Exclusion period means the period during which the family member participates
in a program described in this section, plus I8 months from thc date the family
member begins the first job acquired by the family member after completion of
such program that is not funded by Public Housing assistance under the 1937 Act.
If the family member is terminated from employment with good cause, the
exclusion period shall end. 24 CFR 5.609(c)(13)(ii)(B)
c. Earnings and benefits mean the incremelrtal earnings and benefits resulting from a
qualifying employment training program or subsequent job. 24 CFR
5.609(c)(13 )(ii)(C)
11. The incremental earnings due to employment during the 12-month period following
date of hire shall be excluded. This exclusion (paragraph 11) will not apply for any
family who concurrently is eligible for exclusion #10. Additionally, this exclusion is
only available to the following families: 24 CFR 5.609(c)(8)(v)
a. Families whose income increases as a result of employment ol'a family member
who was previously unemployed for one or more years.
b. Families whose income increases during the participation of a family member in
any family self-sufficiency program.
c. Families who are or were, within 6 months, assisted under the State of Iowa
Family Investment Program (FIP).
12. Deferred periodic amounts from supplemental security income and Social Security
benefits that are received in a lump sum amount or in prospective monthly amounts;
24 CFR 5.609(c)(13)(ii)(C)(14)
13. 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; 24 CFR 5.609(c)(13)(ii)(C)(15)
14. Amounts paid by a State agency to a family with a member who has a developmental
disability and is living at home to offset the cost of services and equipment needed to
keep tile developmentally disabled family member at home; 24 CFR
5.609(c)(13)(ii)(C)(16) or
15. Amounts specifically excluded by any other Federal statute from consideration as
income For purposes of determining eligibility or benefits. 24 CFR
5.609(c)( 13 )(ii)(C)(17)
These exclusions include:
a. The value of the allotment of food stamps
b. Payments to volunteers under the Domestic Volunteer Services Act of 1973
c. Paynlcnts received under the Alaska Native Claims Settlement Act
22
d. Income from submarginal land of the U.S. that is held in trusts for certain Indian
tribes
e. Payments made under HHS's Low-Income Energy Assistance Program
f. Payments received under the Job Training Partnership Act
o Income from the disposition of fnnds of the Grand River Band of Ottawa Indians
h. The first $2000 per capita receiYed frmn judgment funds awarded for certain
Indian claims
i. Amount of scholarships awarded under Title IV including Work-Study
j. Payments received under the Older Americans Act of 1965
k. Payments from Agent Orange Settlement
1. Payments received under the Marne Indian Claims Act
m. The value of child care under the Child Care and Development Block Grant Act
of 1990
n. Earned income tax credit refund payments
o. Payments for living expenses under tim Americorps Program
p. Additional income exclusions provided by and funded by the Iowa City Housing
Authority
The Iowa City Housing Authority will not provide exclusions from income in addition to
tbose already provided for by HUD.
11.3 DEDUCTIONS FROM ANNUAL INCOME 24 CFR 5.611
The following annual deductions will be made from annual income:
A. $480 for each dependent; 24 CFR 5.611 (a)
B. $400 for any elderly family or disabled family; 24 CFR 5.611 (b)
C. For any family that is not an elderly or disabled family but has a member (other than the
head, co-head, or spouse) who is a person with a disability, disability assistance
expenses in excess of 3% of annual income. This allowance may not exceed the
employment income received by family members who are 18 years of age or older as a
result of the assistance to the person with disabilities. 24 CFR 5.611 (c)
D. For any elderly or disabled family:
1. Tbat has no disability assistance expenses, an allowance for medical expenses equal
23
to the amount by which the medical expenses exceed 3% of annual income; 24 CFR
5.611 (d)(1)
2. That has disability expenses greater than or equal to 3% of annual income, an
allowance for disability assistance expenses computed in accordance with paragraph
C, plus an allowance for medical expenses that equal the family's medical expenses;
24 CFR 5.611 (d)(2)
3. That has disability assistance expenses that are less than 3% of annual income, an
allowance for combined disability assistance expenses and medical expenses that is
equal to the total of these expenses less 3% of annual income. 24 CFR 5.611 (d)(3)
In additiom when calculating medical expenses the ICHA will use IRS Publication 502 for
allowable medical deductions. Only those expenses specifically outlined in IRS 502 or 24
CFR 5.611 will be allowed. (See Section 8 Administrative Plan, Appendix C for IRS
Publication 502.)
E. ('hikt care expenses. Only if head of household and co-head / spouse are working/going
to school. Childcare payments allowed for working/school hours only. 24 CFR 5.611 (e)
12.0 VERIFICATION
The lowa City Housing Authority will verify information related to waiting list preferences,
eligibility, admission, and level of benefits prior to admission. Periodically during
occupancy, items related to eligibility and rent determination shall also be reviewed and
verified. Inconle, assets, and expenses will be verified, as well as disability status, need for a
live-in aide and other reasonable accommodations; full time student status of family
members 18 years of age and older; Social Security numbers; and citizenship/eligible
noncitizcn status. Age and relationship will only be verified in those instances where needed
to make a determination of level of assistance. 24 CFR 960.206
12.1 ACCEPTABLE METHODS OF VERIFICATION
Age, relationship, U.S. citizenship, and Social Security numbers will generally be verified
with documentation provided by the family. For citizenship, the family's certification will be
accepted. (Or for citizenship, documentation such as listed below will be required.)
Verification o1' these items will incladc photocopies of thc Social Security cards and other
documents presented by the family, the INS SAVE approval code, and l'orms signed by the
family. CFR 24 5.216(a) & CFR 24 5.508 (b)
Other information will be verified by third party verification. This type of verification
includes written documentation with forms sent directly to and received directly by a source,
not passed through the hands of the family. This verification may also be direct contact with
the source, in person or by telephone. It may also be a report generated by a request from the
Iowa City Housing Authority or automatically by another government agency, i.e. the Social
Security Administration. Verification fom~s and reports received will be containcd in the
applicant/tenant file. Oral third party documentation will include the same information as if
the documentation had been written, i.e. name date of contact, amount received, etc. 24 CFR
5.617 (b)
24
When third party verification cannot be obtained, the Iowa City Housing Authority will
accept documentation received from the applicant/tenant. Hand-carried documentation will
be accepted if the Iowa City Housing Authority has been unablc to obtain third party
verification in a 4-wcek period ot' time. Photocopies of the documents provided by the family
will bc maintained in the file.
When neither third party verification nor hand-carried verification can be obtained, the Iowa
City Honsing Authority will accept a notarized statement signed by the head, spouse or co-
head. Such documents will be maintained in the file.
12.2 TYPES OF VERIFICATION 24 CFR 5.617 (b)
The chart below outlines the factors that may be verified and gives common examples of
the verification that will be sought. To obtain written third party verification, the Iowa City
Housing Authority will send a request form to the source along with a release form signed
by the applicant/tenant via first class mail.
Verification Requirements for individual Items
Item to Be Verified 3ra part), verification Hand-carried verification
General Eligibility Items
Social Sccurity Number Social Security card Social Security card or passport
Citizenship N/A HUD signed self-certification,
Certificate of U.S. Citizenship,
Certificate of Naturalization,
state-certified birth certificate.
Eligible immigration status INS SAVE confirmation # Permanent lawful resident card,
I 551 stamp on passport, or
other INS documentation
Proof of Age N/A State certified birth certificate
Disability Verification from medical Proofol'SSl or Social Security
professional, SSi, Etc. disability payments
Full time student status (if' Verification fi'om the NA
>18) school/educational institution where
enrolled
Need for a live-in aide Letter from physician verifying N/A
condition requires a live-in-aide
Bills and receipts
Child care costs Verification from child care provider
of out of pocket childcare expenses
25
Verification Requirements for Individual Items
Item to Be Verified 3'''~ party verification Hand-carried verification
Disability assistance Verification from suppliers, care Bills and records of payment
givers, etc.
expenses
Medical expenses Verification from providers, Bills, receipts, records of
Prescriptiou record from pham~acy, payment, for over the counter
medical professional's letter stating drugs etc.
assistance or a companion animal is
needed, etc.
Value of and Income from Assets
Savings, checking Verification from financial Most current statements
accounts institution
CDs, bonds, etc Verification from financial Tax return, infom~ation
institution brochure from institution, the
CD, the bond
Stocks Verification from broker or holding Stock or most current
company statement, price in newspaper
or through Interact
Real property Letter from tax office, assessment, Property tax statement (for
etc. current value), assessment,
records or income and
expenses, tax return
Personal property Assessment, bluebook, etc Receipt for purchase, other
evidence of worth
Cash value of life Letter from insurance company Current statement
insurance policies
Assets disposed of for less N/A Original receipt and receipt at
than lair market value disposition, other evidence of
w, orth
lllCOnle
Earned income Verification from employer Multiple pay stubs if
vcrificatiola l'rom employer
fails
Scl f-employed N/A Tax return from prior year,
books of accounts
26
Verification Requirements for Individual Items
Item to Be Yerified 3''d party verification Hand-carried verification
Bank deposits, other similar
Regular gifts and Letter from source, letter from
evidence if requested
contributions organization receiving gift (i.e., if
grandmother pays day care provider,
the day care provider could so state)
Alimony/child support Clerk of Court, Collection Services Record of deposits, Collection
Ccntcr, letter from Human Services Services Center, certified
or chi Id support recovery unit payment history, payment
record from Clerk of Court
Periodic pymnts (i.e. social Verification or electronic reports Award letter, letter announcing
security, welfare, pensions, from thc source change in amount of future
workers comp, uncmploy.) payments
Training program Lcttcr from program provider N/A
participation indicating
- wbcther cnrolled or completed
- whether training is HUD-funded
- whether Federal, State, local govt.,
or local program
- whether it is employment training
- whether it has clearly defined goals
and objectives
- whether program has supportive
services
- whether payments are for out-of-
pocket expenses incurred in order to Evidence of job start
participate m a program
- date o f first j ob after program
completion
12.3 I/ER1FICA TION OF CITIZENSHIP OR ELIGIBLE NONCITIZEN ST~4 TUS
The citizenship/eligible noncitizen status of each family member regardless of age must be
dctermined. 24 CFR 5.508 (a)
Prior to being admitted, or at the first reexamination, all citizens and nationals will be
required to sign a declaration under penalty of perjury. (A parent or guardian will sign on
behalf of minors.) They will be required to show proof of their status by such means as a
Social Security card, birth certificate, military ID, or military DD 214 Form. 24 CFR 5.508
(b)( 1 )
Prior to being admitted or at thc first reexamination, all eligible noncitizens who are 62 years
27
of age or older will be required to sign a declaration under penalty of perjury. They will also
be required to show proof of age. 24 CFR 5.508 (b)(2)
Prior to being admitted or at thc first reexamination, all eligible noncitizens must sign a
declaration of their status and a verification consent form and provide their original INS
documentation. (A parent or guardian will sign on behalf of minors.) The Iowa City Housing
Authority will make a copy of the individual's INS documentation and place the copy in the
file. The Iowa City Housing Authority will also verify their status through the INS SAVE
system. If the INS SAVE system cannot confirm eligibility; the Iowa City Housing Authority
will mail information to the INS in order that a manual check can be made of INS records. 24
CFR 5.512
Family members who do not claim to be citizens, nationals, or eligible noncitizens must be
listed on a statement of noneligible members and the head of the household must sign the list.
24 CFR 5.508 (e)
Noncitizen students on student visas, though in the country legally, are not eligible to be
admitted to Public Housing. 42 LJ.S.C. §1436 (c)(2)(A)
Any family member who does not choose to declare their status must be listed on the
statement ofnoneligible members. 24 CFR 5.508 (e))
If no l~amily member is determined to be eligible under this section, the family's eligibility
will be denied. 42 U.S.C. §1436a(a); 24 CFR 506
The family's assistance will not be denied, delayed, reduced, or terminated because ora delay
in the process of determining eligible status under this section, except to the extent that the
delay is caused by the family. 24CFR 5.514 (b)
If the Iowa City Housing Authority determines that a family member has knowingly
pemfitted an ineligible noncitizen (other than any ineligible noncitizens listed on the lease) to
permanently reside in their Public Housing unit, the family will be evicted. Such f~amily will
not be eligible to be readmitted to Public Housing for a period of 24 months from the date of
eviction or termination. 24 CFR 5.514 (c)(ii)(B)(iii)
12.4 VERIFICATION OFSOC1AL SECUR1TYNUMBERS 24 CFR 5.216
Prior to admission, each household member who is at least six (6) years of age must provide
verification of'bis or her social secmdty number. Verification of social security numbers for all
children under six (6) will bc requested. Verification tbr social security cards for children in
assisted households is required to be provided at the first regular reexamination after turning
six (6).
Verification of the social security number is thc original social security card. If the card is not
available, the ICHA will accept letters from the Social Security Administration that establish
and state the number. Passports, or other official documents that establish and state the
number, are also acceptable.
If a member of a household indicates that they have a social security number, but cannot
verify it, they shall be asked to certify to this fact and shall have up to 60 days to provide the
verificatiou. If the individual is at least 62 years of age, they will be given 120 days to provide
28
the verification. If the individual fails to provide the verification within the time allowed the
houschold will be denied assistance or will have their assistance terminated and be evicted
from the Public Housing unit.
12.5 TIMING OF VERIFICATION
Verification information must be dated within one hundred twenty (120) days of certification
or reexamination. If the verification is older than this, the source will be contacted and asked
to provide information regarding any changes.
When an interim reexamination is conducted, the Housing Authority will verify and update
all in formation related to family circumstances and level of assistance.
12.6 FREQUENCY OF OBTAINING VERIFICATION
For each family member, citizenship/eligible noncitizen status will be verified only once.
This verification will be obtained prior to admission. If the status of any family member was
not determined prior to admission, verification of their status will be obtained at the next
regular reexamination. Prior to a new member joining the family, their citizenship/eligible
noncitizen status will be verified. 24 CFR 5.508 (g)
For each household member, verification of social security number will be obtained only
once. This verification will be obtained prior to admission. When a child tums six (6), their
verification will be obtained at the next regular reexamination. 24 CFR 5.216
13.0 DETERMINATION OF TOTAL TENANT PAYMENT AND
TENANT RENT
13.1 FAMILY CHOICE
At admission and each year in preparation for their annual reexamination, each family is
given the choice of having their rent determined under the formula method or having their
rent set at the fiat rent amount.
A. Families who opt for the fiat rent will be required to go through the income reexamination
process annually. 24 CFR 960.257 (a)(2)
B. Families who opt for the fiat rent may request to have a reexamination and return to the
tbrmula based method at any time for any of the following reasons:
I. The lhmily's income has decreased. 24 CFR 960.253 (0(3)(i)
2. The family's circumstances have changed increasing their expenses for childcare,
medical care, etc. 24 CFR 960.253 (f)(3)(ii)
4. Other circumstances creating a hardship on the family such that the formula method
would be more financially feasible for the family. 24 CFR 960.253 (f)(3)(iii)
29
13.2 THE FORMULA METHOD 24 CFR 5.628(a)
The total tenant payment is equal to the highest of:
A. 10% ofmonthly income;
B. 30% ofactjusted monthly income; or
C. $50 minimum rent
In thc case of a f~amily who has qualified for the income exclusion at Section 11.2(H)(11) of
this document, upon the expiration of the 12-month period described in that section, an
additional rent benefit accrues to the family. If the family membcFs employment continues,
then for the 12-month period following the 12-month period of disallowance, the resulting
rent increase will be capped at 50 percent of the rent increase the family would have otherwise
received.
13.3 MINIMUM RENT
The Iowa City Housing Authority has set the minimum rent at $50.24 CFR 5.630
However if the family reqaests a hardship exemption, thc Iowa City Housing Authority may
suspend the minimum rent for the family until the Housing Authority can determine whether
the hardship exists and whether the hardship is of a temporary or long-term nature. 24 CFR
5.630(b)
A. A hardship may exist in the following circumstances:
1. When the family has lost eligibility for or is waiting an eligibility determination for a
Federal, State, or local assistance program; 24 CFR 5.630(b)(i)
2. When the family would be evicted as a result of the imposition of the minimum rent
requirement; 24 CFR 5.630(b)(ii)
3. When the income of the family has decreased because of changed circumstances,
including loss of employment; 24 CFR 5.630(b)(iii)
4. When the family has an increase in expenses because of changed circumstances, for
medical costs, childcare, transportation, education, or similar items; 24 CFR
5.630(b)(v)
5. When a death has occurred in the family. 24 CFR 5.630(b)(iv)
B. No hardship. If the Housing Authority dctennines there is no qualif~ving hardship, lhe
minimum rent will be reinstated, including requiring back payment of minimum rent for
thc time of suspension. 24 CFR 5.630(b)(v)(2)(B)(iii)
C. Temporary hardship. If the Housing Authority reasonably determines that there is a
qualifying hardship but that it is of a temporary nature, 'd~e minimum rent will not be
imposed l~.~r a period ol' 90 days from the date of thc l'amily's request. At the end of thc
3O
90-day period, the minimum rent will be imposed retroactively to the time of suspension.
The Housing Authority will offer a repayment agreement in accordance with the Section
19 of this policy for any rent not paid during the period of suspension. During the
suspension period the Housing Authority will not evict the family for nonpayment of the
amount of tenant rent owed for the suspension period. 24 CFR 5.630(b)(2)(v)(2)(C)
D. Long-term hardship. If the Housing Authority determines there is a long-telm hardship,
the family will be exempt from the minimum rent requirement until the hardship no longer
exists. 24 CFR 5.630(b)(2)(v)(2)(B)
E. Appeals. The family may use the grievance procedure (see Section 8.5 of this document)
to appeal the ttousiug Authority's determination regarding the hardship. No escrow
deposit will bc required in order to access the grievance procedure. 24 CFR
5.630(b)(2)(v)(2)(C)(3)
13.4 FLAT RENT
The Iowa City Housing Authority has set a flat rent for each Public Housing unit. In doing so,
it considered the size and type of the unit, as well as its condition, amenities, services, and
neighborhood. The iowa City Housing Authority determined the market value of the unit and
set the rent at the market value. The amount of the flat rent will be reevaluated aunually and
adjustments applied. Affected families will be given a 30-day uotice of any rent change.
Adjustments are applied annually for each affected family (for more information on flat rents,
see Section 15.3). 24 CFR 960.253 (b)
The Iowa City Housiug Authority will post the flat rents in the Public Housing Coordinator's
officc.
13.5 CEILING RENT
The Iowa City Housing Authority has set ceiling rents to be equal to fiat rents. 24 CFR
96O.253 (d)
13.6 RENT FOR FAMILIES UNDER THE NONCIT1ZEN RULE
A mixed ~amily is a family whose members include both those with citizenship or eligible
immigration status, as well as those without citizenship or eligible immigration status. A
mixed family will receive full continuation of assistance if all of the following conditions are
met:
A. The family's head or spouse has eligible immigration status; 24 CFR 5.518(a)(ii) and
B. The l;amily does not include any person who does not have eligible status other than the
head of household, the spouse of the head of household, any parent of the head or spouse,
or any child (under the age of 18) of the head or spouse. 24 CFR 5.518(a)(iii
If a mixed family qualifies for prorated assistance but decides not to accept it, or if the family
has no eligible members, the family may be eligible for temporary deferral of termination of
assistauce to pcrmit the family additional time for the orderly transition of some or all of its
members to locate other affordable housing. Under this provision, the family receives full
31
assistance. The maximum period of time for assistance under the provision is eightecn (18)
months. The Iowa City Housing Authority will grant each family a period of six (6) months to
find suitable afibrdable housing. If the family cannot find suitable affordable housing, thc loxva
City Housing Authority will provide additional search periods up to the maximum time
allowable. 24 CFR 5.518(a)(iii)(2)(b)
Suitable housing means housing that is not substandard and is of appropriate size for thc
family. Affordable housing means that it can be rented for an amount not exceeding the
amount the family pays for rent, plus utilities, plus 25%.
The family's assistance is prorated in the following manner:
A. Determine the 95th percentile of gross rents for the appropriate size unit(tenant rent plus
utility allowance) for the lo,va City Housing Authority. The 95t}~ percentile is called the
maximum rent. 24 CFR 5.520 (d)(2)
B. Subtract the family's total tenant payment from the maximum rent. The resulting number is
called the maxinmm subsidy. 24 CFR 5.520 (d)(2)
C. Divide the maximum subsidy by the number of family members and multiply the result
times the number of eligible family members. This yields the prorated subsidy. 24 CFR
5.520 (d)(3)
D. Subtract the prorated subsidy from the maximum rent to find the prorated total tenant
payment. From this amount subtract the full utility allowance to obtain the prorated tenant
rent. 24 CFR 5.520 (d)(5)
13. 7 UT1LITY ALLOIJ/ANCE
The Iowa City Housing Authority shall establish a utility allowance for all tenant-paid utilities
(telephone and cable excluded). The allowance will be based on a reasonable consumption of
utilities by an energy-conservative household of modest circumstances consistent with the
requirements of a safc, sanitary, and healthful environment. In setting the alloxvance, the Iowa
City Housing Authority will rcvicw the actual consunrption of tenant families as well as
changes made or anticipated due to modernization (weatherization efforts, installation of
energy-efficient appliances, etc). Allowances will be evaluated at least annually as well as any
time utility rate changcs by 10% or more since the last revision to tbc allowances. 24 CFR
960.253(c) &(d) and 966.4(c)(4)
The utility allowance will be subtracted from the family's formula or flat rent to determine the
amount of thc Tenant Rent. The Tenant Rent is the amount thc family owes each month to the
lowa City Housing Authority. The amount of the utility allowance is then still available to thc
family to pay the cost of their utilities. Any utility cost above the allowance is the
responsibility of the tenant. Any savings resulting from utility costs below the amount of the
allowance belongs to the tenant.
Utility allowance revisions based on rate changes shall be on the first day of the month
following the month in which the last rate change took place. Revisions based on changes in
consumption or other reasons shall become effective at each family's next annual
reexamination.
32
Families with high utility costs are encouraged to contact HACAP (Hawkeye Area Community
Action Program) at 356-5765 (in lC) or 1-800-332-5289 for an energy analysis. The analysis
may identify problems with the dwelling unit that once corrected will reduce energy costs. Thc
analysis can also assist the family in identifying ways they can reduce their costs.
Requests for relief from surcharges for excess consumption of Iowa City Housing Authority
purchased utilities or from payment of utility supplier billings in excess of the utility allowancc
for tenant-paid utility costs may be granted by the Iowa City Housing Authority on reasonable
grounds. Requests shall be granted to l~amilics that include an elderly member or a member
with disabilities. Requests by the family shall be submitted under the Rcasonablc
Accommodation l:'olicy. Familics shall be advised of their right to individual relief at
admission to Public Housing and at time of utility allowance changes.
13.8 PA YING RENT
Rent and other charges are duc and payable on the first day of the month. All rents should be
paid at thc Iowa City Civic Ceoter at 410 E. Washington Street in person or by mail. Cash
shall be accepted as a rent pa3qnent only during regular business hours at the Treasury Division
of Iowa City located in the Civic Center at 410 E. Washington Street in Iowa City.
24 CFR 966.4 (b)(1)(i)
If the rent is not paid by the fifth of the month, the rent is considered delinquent and a 3-day
Notice of Non-Payment and a 14-day Termination Notice will be issued to the tenant. In
addition, a late charge $10.00 per day (maximum $40) for each of the first four days after the
rent becomes delinquent shall be charged to the tenant unless prior arrangements have been
made. If rent is paid by a pcrsonal check and the check is returned for insufficient fimds, this
shall be considered a non-payment of rent and will incur the late charge plus an additional
charge of $10 for processing costs. 24 CFR 966.4 (b)(3)
14.0 CONTINUED OCCUPANCY AND COMMUNITY SERVICE
(RESERVED)
THIS REQUIREMENT HAS BEEN SUSPENDED INDEFINTIELY BY HUD. IF
REINSTATED, THE IO~A CITY HOUSING AUTHORITY WILL DE['ELOP
GUIDELINES FOR ITS IMPLEMENTATION BASED ON INSTRUCTION FROM HUD.
15.0 RECERTIFICATIONS
At least annually, the lowa City Housing Authority will conduct a reexamination of family
income and circumstances. The results of the reexamination determine (1) the rent the family
will pay, and (2) whether the family is housed in the correct unit size. 24 CFR 960.209
33
15.1 GENERAL
The lo,va City Housing Authority will send a notification letter to the family letting them
know that it is time for their annual reexamination, and giving them the option of selecting
either the fiat rent or formula method. If the family thinks they may want to switch from a fiat
rent to a fo~Tnula rent, they should request an appointment. At the appointment, the family
will make their final decision regarding which rent method they will choose. The letter also
includes forms for the family to complete in preparation for their annual review. The letter
tells families who may need to make alternate arrangements due to a disability that they may
contact staff to request an accommodation of their needs.
The Iowa City Housing Authority will determine whether family composition may require a
transfer to a different bedroom size unit, and if so, the family's name will placed on the
transfer list.
15.2 NON-RESPONSE
If the family fails to respond to the initial letter, a second letter will be mailed. The second
letter will advise of a new date by which thc necessary forms must be completed and
submitted, allowing for the same considerations for rcscheduling and accommodation as above.
The letter will also advise that failure by the family to submit the necessary paperwork will
result in the Iowa City Housing Authority taking eviction actions against the family.
15.3 FLAT RENTS
The annual letter to fiat rent payers regarding the reexamination process will state the
following:
A. Each year at the time of the annual reexamination, the family has the option of selecting a
flat rent amount in lieu of completing the reexamination process and having their rent
based on the formula amount. 24 CFR 960.253 (a)
B. The amount of the fiat rent. 24 CFR 960.253 (e)(2)
C. A fact sheet about fommla rents that explains the types of income counted, the most
common types of income excluded, and the categories allowances that can be deducted
from income.
D. Families who opt for the flat rent will be required to go through the income reexamination
at their annual review.
E. Families xvho opt for the fiat rent may request to have a reexamination and return to the
fommla-based method at any time for any of the ['ollowing reasons: 24 CFR 960.253 (f)(1)
1. Thc family's income has decreased. 24 CFR 960.253 (f)(3)(i)
2. The family's circumstances have changed increasing their expenses for childcare,
medical care, etc. 24 CFR 960.253 (f)(3)(ii)
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3. Other circumstances creating a hardship on the family such that the formula method
would be more financially feasible for the family. 24 CFR 960.253 (f)(3)(iii)
F. The dates upon which the Iowa City Housing Authority expects to review the amount of
the fiat rent, the approximate rent increase the family couId expect, and the approximate
date upon which a future rent increase could become effective.
G. The name and phone number of an individual to call to get additional information or
counseling concerning fiat rents.
H. A certification for the family to sign accepting or declining the fiat rent.
Each year prior to their anniversary date, Iowa City Housing Authority will send a
reexamination letter to the family offering the choice between a fiat and a formula rent. The
opportunity to select the fiat rent is available only at this time. At that time, the Iowa City
Housing Authority may assist the family in identifying the rent method that would be most
advantageous for the family. If the fantily wishes to select the flat rent method without
meeting with the Iowa City Housing Authority representative, they may make the selection
on the fom~ and return the form to the Iowa City Housing Authority. 24 CFR 960.253 (a)
15.4 EFFECTIVE DA TE OF RENT CHANGES FOR ANNUAL REEXAMINATIONS
The new rent will generally be effective upon the anniversary date with thirty-(30) day's
notice of any rent increase to the family. 24 CFR 966.4 (c)(1)
If the rent determination is delayed due to a reason beyond the control of the f~amily, theu any
rent increase will be effective the first of the month after the month in which the family
receives a 30-day notice of the amount. If the new rent is a reduction and the delay is beyond
the control of the family, the reduction will be effective as scheduled on the anniversary date.
If the family caused the delay, then any increase will be efl'ective on the anniversary date.
Any reduction will be effective the first of the month after the rent amount is determined.
15.5 INTERIM REEX~IMINA TIONS
During an interim reexamination, only the information affected by the changes being reported
will be reviewed and verified. 24 CFR 960.257 (b)
Families are required to report the following chaugcs to the Iowa City Housing Authority
between regular recxaminations. If the family's rent is being determined tinder thc fommla
method, these changes will trigger an interim reexamination. The family shall report these
changes within ten (10) days of their occurrence. 24 CFR 966.4 (c)(2)
A. A member has been added to the family through birth, adoption, or court-awarded
custody.
B. A household member is leaving or has left the family unit.
C. Thc family has experienced a change in household income.
35
In order to add a household member, other than through birth or adoption (including a live-in
aide), the family must request that the new member be added to the lease. Before adding the
new member to thc lease, the individual must complete an application form stating their
incomc, assets, and all other information required of an applicank The individual must
provide their Social Security card, birth certificate, photo ID and must verify their
citizenship/eligible immigrant status. (Their housing will not be delayed due to delays in
verifying eligible immigrant status other than delays caused by the family.) The new Family
member will go through the screening process similar to the process for applicants. The Iowa
City Housing Authority will determine the eligibility of the individual before adding them to
the lease. If thc individual is found to be ineligible or does not pass the suitability screening
criteria, they will be advised in writing and the family will be given the opportunity for an
informal review. If they are found to be eligible and do pass the suitability screening criteria,
their name will be added to the lease. At the same time, if the f;amily's rent is being
determined under thc formula method, the family's annual income will be recalculated taking
into account thc circumstances of the new family member. The effective date of the new rent
will be in accordance with paragraph below 15.7.
Families are not required to, but may at any time, request an interim reexamination based on a
decrease in income, an increase in allowable expenses, or other changes in family
circumstances. Upon such request, the Iowa City Housing Authority will take timely action to
process the interim reexamination and recalculate the tenant's rent. Such changes must be
reported by thc 2()t}n of the month in order for a decrease to take place the following month.
15.6 SPECIAL REEXAMINATIONS
If a family's income is too unstable to project for twelve (12) months, including families that
temporarily have no income (0 renters) or have a temporary decrease in income, the Iowa
City Housing Authority may schedule special reexaminations every sixty (60) days until the
income stabilizes and an annual income can be determined. 24 CFR 5.609 (e)
15.7 EFFECTIVE DATE OF RENT CHANGES DUE TO INTERIM OR SPECIAL
REEXAMINATIONS
Unless there is a delay in reexamination processing caused by the family, any rent increase
will be effective the first of the second month after the month in which the change is verified
and thc family receives written notice of thc new rent amount. If the family fails to report an
increasc in income or decrease in allowable expenses in writing within ten days of the
change, the increase in rent will be made effective thc first day of the month tbllowing the
effective date of the change. If necessary, the increase will be made retroactively, and the
tenant will Dc required to pay the Iowa City Housing Authority the differcnce between the
rent they had been paying and the correct rent
A change in circumstances or household income that would result in a decrease in the
tenant's rent must be expected to last for at least thirty days before an interim review will be
conducted. A decrease in household income or increase in allowances or deductions that is
reported to tile loxxa City Housing Anthority in writing on or before tine 20th of the montb
will be effective the first of the following month. Changes that are reported on or after the
21st of the month will be effective the first of the month following the next month.
36
If the new rent is a reduction and any delay is beyond the control of the family, the reduction
will be effective the first of the month after the interim reexamination should have been
completed.
If the new rcnt is a reduction and the family caused the delay or did not report the change in a
timely manner, the change will be effective the first of the month after the rent amount is
determined.
16.0 UNIT TRANSFERS
(1) Tenant agrees that if the Authority determines that the size or design ol`thc dwelling unit is
no longer appropriate to Tenant's needs, the Authority shall send Tenant written notice.
Tenant further agrees to accept a new lease for a different dwelling unit of the appropriate
size or design. 24 CFR 966.4 (c)(3)
(2) The Authority may require a Tenm~t to move into another unit il' it is determined necessary
to rehabilitate or demolish Tenant's unit.
(3) If a Tenant makes a written request for special unit features in supposal of a documented
disability or handicap, the Authority may modify Tenant's existing unit. If the cost and
extent of the modifications needed are similar to those required for a fully accessible unit,
the Authority may transfer Tenant to another unit with the features.
(4) A tenant without disabilities who is housed in a unit with special features may be required
to transfer to a unit without such features should a Tenant with disabilities need the unit.
(5) In the case of involuntary transfers, Tenant shall be required to move into the dwelling unit
made available by the Authority. Tenant shall be given 10 days time in which to move
following delivery of a transfer notice. If Tenant refuses to move, the Authority may
temmmte the Lease. 24 CFR 966.4 (c)(3)
(6) Involuntary transfers are subject to the Administrative Grievance Procedure, and no such
transfers may be made until either the time to request a Grievance has expired or the
procedure has been completed. 14 CFR 966.4 (c)(4)
(7) The Authority will consider any Tenant requests for transfers in accordance with the
transl'cr priorities established in the Admissions and Occupancy Policies.
16.10BJECTI~'ES OF THE TRANSFER POLICY
The objectives of thc Transfer Policy include the l-ollowing:
A. To address emergency situations.
B. To fully utilize available housing resources while avoiding overcrowding by insuring that
each family occupies the appropriate size unit.
C. To l'acilitatc relocation when required for modernization or other management purposes.
37
D. To facilitate relocation of families with inadequate housing accommodations.
E. To eliminate vacancy loss and other expense due to unnecessary transfers.
16.2 CA TEGOR1ES OF TRANSFERS
Category 1: Emergency transfers. These transfers are necessary when conditions pose an
immediate threat to the life, health, or safety of a family or one of its members. Such
situations may involve defects of the unit or the building in which it is located, the health
condition of a family member, a hate crime, the safety of witnesses to a crime, or a law
enforcement matter particular to the neighborhood.
Category 2: Immediate administrative transfers. These transfers are necessary in order to
permit a family needing accessible features to move to a unit with such a feature or to enable
modernization work to proceed.
Category 3: Regular administrative transfers. These transfers are made to offer incentives to
families willing to help meet certain Iowa City Housing Authority occupancy goals, to
correct occupancy standards where the unit size is inappropriate for the size and composition
of the family, to allow for non-emergency but medically advisable transfers, and other
transfers approved by the Iowa City Housing Authority when a transfer is the only or best
way of solving a serious problem. The Tenant Ownership Program of the iCHA may
precipitate a move in order to accommodate a homeownership opportunity for a pre-qualified
family.
16.3 DOCUMENTATION
When the transfer is at the request of the family, the family may be required to provide third
party verification of the need for the transfer.
16.4 COST OF THE FAMILY'S MOVE
The cost of the transfer will be borne by the Pamily in the following circumstances:
A. When the transfer is made at the request of the family or by others on behalf of the family
(i.e. by the police);
B. When the transfer is needed to move the family to an appropriately sized unit, either larger
or smaller;
C. Whcn thc transfer is necessitated bccausc a family with disabilities nccds the accessible
unit into which the transferring family moved (The family without disabilities signed a
statement to this ct'fcct prior to accepting the accessible unit); or
D. When the transfer is needed because action or inaction by the family caused the unit to be
unsafe or uninhabitable.
The cost of the transfer will be borne by the Iowa City Housing Authority in the following
circumstances:
A. Whcn thc transt~cr is needed in order to carry out rehabilitation activities; m'
38
B. When action or inaction by the Iowa City Housing Authority has caused the unit to be
unsafc or inhabitable.
The responsibility for moving costs in other circumstances will be determined on a case by
case basis.
16.5 TENANTS IN GOOD STANDING
When the transfer is at the request of the family, it will not be approved unless the family is in
good standing with the lowa City Housing Authority. This means the family must be in
compliance with their lease, current in all payments to the Housing Authority, and must pass a
housekeeping inspection.
16.6 TRANSFER REQUESTS
A tenant may requcst a transfer in writing at any time. In considering the request, the Iowa City
Housing Authority may request a meeting with the tenant to better understand the need for
transfer and to explore possible alternatives. The Iowa City Housing Authority will review the
request in a timely manner and ifa meeting is desired, it shall contact the tenant within ten (10)
calendar days of receipt of the request to schedule a meeting.
The Iowa City Housing Authority will grant or deny the transfer request in writing within teu
(10) calendar days of receiving thc request or holding the meeting, whichever is later.
If the transfer is approved, the family's nanle will be added to the transfer waiting list.
If the transfer is denied, the denial letter will advise the family of their right to utilize the
grievance procedure.
Upon transfer, the household is not eligible for consideration of another transfer for at least 1
year.
16. 7 RIGHT OF THE IOWA CITY HOUSING AUTHORITY IN TRANSFER POLICY
The provisions listed above are to be used as a guide to insure fair and impartial means of
assigning units for transfers. It is not intended that this policy will create a property right or any
other type of right for a tenant to transfer or refuse to transfer.
17.0 INSPECTIONS
An authorized representative of tile Iowa City Housing Authority and an adult family member
will inspect thc premises prior to commencement of occupancy. A movedn fo~qn indicating tile
condition of the premises will be made, all equipment will be provided, and the form will be
signed by both parties with a copy retained in thc iowa City Housing Authority file aud a copy
given to the family member. An authorized Iowa City Housing Authority representative will
inspect thc premises at the time the resident vacates and will furnish a statement of any charges
to be made. The resident's security deposit can be used to offset against any tenant caused
damages to the unit. 24 CFR 966.4 (h)(4)(i)
39
17.1 MOVE-IN INSPECTIONS
The Iowa City Housing Authority and an adult member of the family will inspect the unit prior
to signing the lease. Both parties will sign a written statement of the condition of the unit. A
copy of the signed inspection will be given to the family and the original will be placed in the
tenant file. 24 CFR 966.4 (h)(4)(i)
17.2 ANNUAL INSPECTIONS
The Iowa City Housing Authority will inspect each Public Housing unit annually to ensure that
each unit meets the Iowa City Housing Authority's housing standards. Work orders will be
submitted and completed to correct any deficiencies. 24 CFR 5.705 (a)
Tenant caused damages and repairs will be billed to the tenant.
17.3 PREVENTATIVE MAINTENANCE INSPECTIONS
This is generally conducted prior to the annual inspection. This inspection is intended to keep
items in good repair. It checks weatherization; checks the condition of the smoke detectors,
water heatcrs, furnaces, automatic thermostats and water temperatures; checks for leaks; and
provides an opportunity to change furnace filters and provide other minor servicing that
extends the life of the unit and its equipment. 24 CFR 966.4 (j)(1)
17.4 EXTERIOR INSPECTIONS
The iowa City Housing Authority may periodically inspect the exterior of the dwelling and
premises to ensure lease compliance. No advance notice of such inspections will be given.
17.5 SPECIAL INSPECTIONS
A special inspection may be scheduled to enable HUD or others to inspect a sample of the
housing stock maintained by the Iowa City Housing Authority.
17.6 HOUSEKEEPING INSPECTIONS
Generally, at the time of annual reexamination, or at other times as necessary, the Iowa City
Housing Authority will conduct a housekeeping inspection to ensure the family is maintaining
the unit in a safe and sanitary condition. 24 CFR 966.4 (j)(1)
17. 7 NOTICE OF INSPECTION
For inspections defined as annual inspections, preventative maintenance inspections, special
inspections, and housekeeping inspections the Iowa City Housing Authority will give the
tenant at least 48 hours notice. 24 CFR 966.4 (j)(1)
17.8 EMERGENCY INSPECTIONS
If any employee and/or agent of the Iowa City Housing Authority has reason to believe that an
emergency exists within the honsing unit, the unit can be entered without notice. The
person(s) who enters the unit will leave a written notice to the resident that indicates the date
and time the unit was entered and thc reason why it was necessary to enter the unit.
40
24 CFR 966.4 (j)(2)
17.9 PRE-MOVE-OUT1NSPECTIONS
When a tenant gives notice that they intend to move, the Iowa City Housing Authority will
offer to schedule a pre-move-out inspection with the family. The inspection allows the Iowa
City Housing Authority to help the family identify any problems which, if left uncorrected,
could lead to tenant charges. This inspection is a courtesy to the family and has been found to
bc helpful both in reducing costs to the family and in enabling the Iowa City Housing
Authority to ready units more quickly for the future occupants.
24 CFR 966.4 (h)(4)(i)
17.10 MOVE-OUTINSPECTIONS
Thc lou, a City Housing Authority conducts the move-out inspection after the tenant vacatcs
to assess the condition of the unit and detem~ine responsibility for any needed repairs. When
possiblc, the tenant is notified of the inspection and is encouraged to be present. This
inspection becomes the basis for any claims that may be assessed against the security deposit.
24 CFR 966.4 (h)(4)(i)
18.0 PET POLICY 24 CFR 960.707
18.1 EXCLUSIONS 24 CFR 5.303 (a)
This policy does not apply to animals that are used to assist persons with disabilities.
Assistive animals, that have current rabies and distemper inoculations and a current City
license are allowed in all Public Housing facilities with no restrictions other than those
imposed on all tenants to maintain their units and associated facilities in a decent, safe,
and sanitary manner and to rcfrain from disturbing their neighbors.
l&2 PERMIT
Application for ICHA Pet Pemrit. Prior to housing any pet on premises, the resident shall
apply to the Iowa City Housing Authority for a pet permit. When the pemrit is returned it
shall be accompanied by the following:
1. A current license issued by the City of Iowa City per the Iowa City Code (all dogs
and cats must be licensed).
2. Evidence that thc pet has been spayed or neutered, and, with respect to cats, that
the pet has been declawed on all four paws;
3. Evidence that the pet has received current rabies and distemper inoculations or
boosters by a licensed veterinarian. (This information must be updated annually).
4. Picture ofpet
41
5. The Iowa City Housing Authority, in its sole discretion, shall determine adequacy
of thc evidence.
6. A pet deposit of $200 which applies to new residents, current residents with
new pets, or transfers.
7. Tenants must identify in writing the name, address, and phone number of an
alternate custodian for pets in the event of tenant illness or other absence from the
dwelling unit. The identification of an alternate custodian must occur prior to the
ICHA issuing a pet registration permit.
8. The privilege of maintaining a pet in a facility owned and/or operated by the ICHA
shall be subject to the rules set forth in 18.4. This privilege may be revoked at any
lime subject to the ICHA Administrative Hearing if the animal should become
destructive, create a nuisancc, represent a threat to the safety and security of other
residents, or create a problem in the area of cleanliness and sanitation.
l&3 APPROVAL
Rcsidents must have the prior approval of the Housing Authority before moving a pet
into their unit. Residents must apply for a pet permit, which must be fully completed
bclbre the Housing Authority will consider approval of the request.
l&4 TYPES AND NUMBER OFPETS
All tenants with pets permitted to be kept on the premises shall comply with the
following rules:
a. The Iowa City Housing Authority does not allow any pets prohibited or
restricted as listed in the Iowa City Housing Code 8.4 l. (Sec Appendix II)
b. All dogs and cats must be neutered or spayed. All cats must be declawed.
c. No animal may exceed 30" (adult size) in height (measured from paw to top of
head).
Only one (1) 4 legged animal per unit allowed.
c. In the case of fish, the maximum aquarium size is 50 gallons.
f. Birds must be confined to a cage and there is a limit of two.
g. No reptiles are allowed, with the exception of turtles.
h. Any animal deemed to be potentially harmfid to the health or safety of others,
including attack or fight trained dogs, will not be allowed.
42
i. Tenants are prohibited from feeding or harboring stray animals. The feeding of
stray animals shall constitute having a pet without the written permission of the
ICHA and is a violation of the Dwelling Lease.
18.5 INOCULATIONS A ND LICENSES
Pets nmst be licensed yearly with the City of lowa City and tenants must provide the
ICHA with a copy of the renewal as well as proof of current rabies and distemper booster
inoculations.
18. 6 PET DEPOSIT
A pet deposit of $200 is required at the time of registering a pet. The deposit is
refundable after the family vacates the anit, (even if the pet is removed carlier) less any
amounts owed due to damage beyond normal ;vcar and tear.
18. 7 FINANCIAL OBLIGATION OF RESIDENTS
Any resident who owns or keeps a pet in their dwelling unit will be required to pay for
any damages caused by the pet. Also, any pet-related insect infestation in the pet owner's
unit will be the financial responsibility of the pet owner and the Iowa City Housing
Aathority reserves the right to exterminate and charge the resident.
18.8 NUISANCE OR THREAT TO HEAL TH OR SAFETY
Tenants shall not permit their pet to distm'b, interfere or diminish thc peacefid enjoyment
of other tenants. The term "disturb, interfere and diminish" shall include, but are not
limited to, barking, howling, chirping, biting, scratching, and other similar activities.
VI(7OUS AND/OR INTIMIDATING PETS WILL NOT BE ALLOWED.
Repeated substantiated complaints of this nature by neighbors or Iowa City Housing
Authority personnel regarding pets disturbing the peace of neighbors through noise, odor,
animal waste, or other nuisance shall constitute a violation of the lease and may resalt in
the revocation of the pet permit, te~Tnination of the Dwelling Lease agreement, or both.
The pet and its living qaarters must be maintained in a manner to prevent odors and any
other unsanitary conditions in the owner's unit and surrounding areas.
Tenant pet owners are solely responsible for the safety and health of their pet during
those schednled occasions when the dwelling units in the facility are being treated for
deinfcstation. The iCHA shall not be liable for the ill health or dcath of a pet as a result
of the periodic dcinfestation treatment.
18.9 DESIGNATiON OF PETAREAS
Pets mast be kept in the owner's apartment or on a leash and controlled by an adult at all
times when outside. No outdoor cages may be constructed. Birds must be confined to a
cage at all times. Pet owners must clean up after their pels and arc responsible for
disposing of pet waste. Tenants shall take adequate precautions and measures necessary
43
to eliminate pet odors within or around the unit and shall maintain the unit in a sanitary
condition at all times, Tenants must provide litter boxes for cat waste, which must be kept
in the dwelling unit. Tenants shall not permit refuse from litter boxes to accumulate nor
to become unsightly or unsanitary. Tenants are solely responsible for cleaning up pet
droppings, if any, outside thc unit and on facility grounds. Droppings must be disposed
of by being placed in a sack and then placed in an acceptable refuse container outside the
building.
18.10 VISITING PETS
Pets that meet the size and type criteria outlined above may visit the unit where pets are
allowed for up to two weeks, with Iowa City Housing Authority approval. Tenants who
have visiting pets must abide by the conditions of this policy regarding health, sanitation,
nuisances, and peaceful eujoyment of others. If visiting pets violate this policy or cause
thc tenant to violate the lease, the tenant will be required to remove the visiting pet.
18.11 REMOVAL OFPETS
The Iowa City Housing Authority, or an appropriate community authority, shall require
the removal of any pet from a unit if the pet's conduct or condition is determined to be a
nuisance or threat to the health or safety of other occupants of the unit or of other persons
in the community where thc unit is located.
if pets are left unattended for a period of twenty-four (24) hours or more, the lowa City
Housing Authority may enter the dwelling unit, remove the pet and transfer it to the
proper authorities, subject to the provisions of lowa state law and pertinent local
ordinances. The Iowa City Housing Authority accepts no responsibility for the animal
under such circumstances.
In the event of the death of a pet, the tenants shall immediately remove and properly
dispose of the remains. The remains shall not be placed in any container inside an 1CHA
facility or in a container on ICHA grounds. If a new pet is desired, a new ICHA pet
permit will be required.
Shonld a breach of the rules set forth in 18.0 above occur, the lease will stand in violation
and thc iCHA may exercise any remedy available, under Federal, Statc or local law,
including eviction.
19.0REPAYMENT AGREEMENTS
When a resident owes money to the Iowa City Housing Authority for back charges and is
unable to pay the balance by the due date, the resident may request that the Iowa City
Housing Authority allow' them to enter into a Repayment Agreement. The Iowa City
Housing Authority has the sole discretion of whethcr to accept such an agreement. All
Repayment Agreements must assure that the full payment is made within a period not to
exceed twelve (12) months. All Repayment Agreements must be in writing and signed by
both parties. Failure to comply with the Repayment Agreement terms may subject thc
Resident to eviction procedures and judicial collection of the amount owed.
44
The ICHA will allow for repayment agreements for those tenants whose rental amount is
the minimum rent and who have had their rent abated for a temporary period.
20.0 TERMINATION
20.1 TERM1NA TION B Y TENANT
The tenant may terminate the lease at any time after the expiration of the initial lease term
by submitting a 30-day written notice. If the tenant vacates prior to the end of the thirty
(30) days, they will be responsible for rent through the end of the notice period or until
the unit is re-rented, whichever occurs first.
20.2 TERMINATION BY THE HOUSING AUTHORITY
The Iowa City Housing Authority will terminate the lease for serious or repeated
violations of material lease terms. Such violations include but arc not limitcd to the
following: 24 CFR 966.4
A. Nonpayment of rent or other charges; 24 CFR 966.4 (1)(2)(i)
B. A history of late rental payments; 24 CFR 966.4 (1)(2)(i)
C. Failure to provide timely and accurate information regarding family composition,
income circumstances, or other information related to eligibility or rent; 24
CFR 966.4 (c)(2)
D. Failure to allow inspection of the unit; 24 CFR 966.4 (j)(1)
E. Failure to maintain the unit in a safe and sanitary manner; 24 CFR 966.4 (f)(6)
F. Assignment or subletting of thc premises; 24 CFR 966.4 (f)(1)
G. Use of the premises for purposes other than as a dwelling unit (other than for Iowa
City Housing Authority approved resident businesses) 24 CFR 966.4 (f)(3)
}1. Acts of destruction, defacement, or removal of any part of the dwelling unit or project.
24 CFR 966.4 (1)(9)
I. Any criminal activity that threatens thc health, safety, or right to peaceful enjoymcnt of
the premises, or alcohol abuse on the property that thrcatens the health, safety, or right
to peaceful enjoyment of thc premises, or drug-related criminal activity on or off the
premises. 24 CFR 966.4 (f')(12)(A &B)
J. Non-compliance with Non-Citi×en Rule requirements;
45
K. Permitting persons not on the lease to reside in the unit more than fourteen (14) days
each year without the prior written approval of the Housing Authority; and a lifetime
registration requirement under a State sex offender registration program. 24 CFR
966.4(1)(5)(i)(A)
L. Violation of the Pet Policy
M. Conviction of drug-related criminal activity for manufacture or production of
methamphetamines on the premises of Federally assisted housing; 24 CFR 966.4
(e)(5)(i)(A)
N. Failure to fulfill family obligations; 24 CFR 966.4 (e)(2)(i)(B)
O. Other good cause. 24 CFR 966.4 (2)(ii)
20.3 PENALTIES
Tenants terminated by the Iowa City Housing Authority will be denied all forms of rental
assistance and may not reapply for a minmmm of 1 year and a maximum of 3 years
pending the determination of the ICHA or the Hearing Officer. Severity and duplication
of the violation will be taken into consideration when determining the duration of the
penalty and the tenant will be notified in writing of the decision.
20.4 ABANDONMENT
The Iowa City Housing Authority will consider a unit to be abandoned when a resident
has both fallen behind in rent AND has clearly indicated by words or actions an
intention not to continue living in the unit AND is not residing in the unit. The ICHA
will take necessary steps to evict the tenant.
20.5 RETURN OF SECUR1TY DEPOSIT 24 CFR 966.4 (b)(5)
After a family moves out, the Iowa City Housing Authority will return the security
deposit within 30 days (Iowa Code 562A.12 (3) or give the family a written statement of
why all or part of the security deposit is not being returned. The rental unit must be
restored to the samc conditions as when the family moved in, except for nom~al wear and
tear.
The Iowa City Housing Authority will be considered in compliance with the above if thc
required payment, statement, or both, are dcposited in the U.S. mail with first class
postage paid within 30 days (Iowa Code 562A.12(3).
46
21.0 APPEALS
2]. ] ADMISSIONS REVIEW (Applicants only)
Applicability
1. The Iowa City Housing Authority will provide an opportunity for an Admission
Review regarding a decision denying assistance to an applicant, including a
decision:
a. Denying placement on the waiting list.
b. Denying participation in the Public Housing Program.
c. Denying a preference in determining eligibility for the Public Housing
Program.
2. The Housing Agency is not required to provide an opportunity for an Admissions
Review:
a. To review discretionary administrative detemrinations by the Iowa City
Housing Authority, or to consider general policy issues or class
grievances.
b. To review the ICHA's determination of the number of bedrooms allowed
under the standards established by the ICHA in accordance with HUD
regulations.
B. Procedures
1. The Iowa City Housing Authority shall give an applicant prompt written notice of
a decision denying assistance to the applicant, including a decision of ineligibility
for housing, ineligibility for any of the selection preferences adopted by the lowa
City Housing Authority, or removal from or denying placement on the waiting
list. The notice shall also state that the applicant may request in writing an
Admissions Review of the decision, and shall describe how to obtain the
Admission Review.
2. The applicant must submit a written request for an Admission Review within ten
(10) calendar days of notification of the decision denying assistance.
3. If the applicant's request is not submitted within ten (10) calendar days or in
another way fails to comply with requirements, the request will be denied and the
applicant will be promptly notified in writing.
4. If the request meets the criteria, an Admissions Review will be scheduled within a
reasonable time pcriod.
47
5. The Admissions Review shall be conducted by any person or persons designated
by the Administrator, other than a person who made or approved the decision
under review or a subordinate of such person.
6. The applicant shall be given an opportunity to present written or oral objections to
the Iowa City Housing Authority's decision.
7. The Iowa City Housing Authority shall notify the applicant in writing of the final
decision within fourteen (14) calendar days after the Admissions Review,
including a brief statement of the reason(s) for the final decision.
21.2 INS/CITIZENSHIP DENIAL INFORMAL REVIEW
For the participant families, the Informal Hearing Process above will be utilized with the
exception that the participant family will have up to 30 days of receipt of the Notice of
Denial or Tenmnation of Assistance, or of the INS appeal decision.
The participant family may request that the lowa City Housing Authority provide for an
Informal Hcaring after the family has notification of an 1NS decision on their citizenship
status on appeal, or in lieu of request of appeal to the INS. The participant family must
make this request within 30 days of receipt of the Notice of Denial or Termination of
Assistance, or within 30 days of receipt of the INS appeal decision.
21.3 TENANT GRIEVANCE PROCEDURE 24 CFR 966.50
This Grievance Procedure sets forth the requirements, standards and criteria used by the
ICHA to assure tenants are afforded an opportunity for a hearing if the tenant disputes
within ten (10) days from the receipt of any ICHA action or failure to act involving the
tenant's Dwelling I.ease with the ICHA or ICHA regulations which adversely affect the
individual tenant's rights, duties, welfare, or status.
A. Not Applicable
1. The ICHA Grievance Procedure shall not bc applicable to disputes between tenant
not involving the ICHA or to class grievances. 24 CFR 966.51 (b)
2. This Grievance Procedure is not intended, nor shall be used for, initiating or
negotiating policy changes between a group or gronps of tenants and the ICHA's
Administrator or City Council. 24 CFR 966.51 (b)
3. If Iowa is determined by It[H) to be a '~duc process" state, this Grievance
Procedure does not apply to termination of tenancy or evictions that involve:
(It[ID determination of Iowa as a ;~Due Process" state is pcnding)
a. Any activity that threatens the health, safety or right to peaccfid enjoyment or
thc premises ofothcr tenants or employees of the [CHA. 24CFR 966.51(a)(2)
(A)
b. Drug-related criminal activity that occurs on or off the ICHA premises. 24
CFR 966.51 (a)(2)(B)
48
c. Violent criminal activity that occurs on or off the ICHA premises.
4. Upon any termination of tenancy or eviction referenced in Item 3 above, the
tenant will be given the right to a full "due process" hearing in the appropriate
judicial proceeding. 24 CFR 966.51 (a)(2)(iv)
B. General Procedures
1. If the Iowa City Housing Authority is unable to rcach the tenant or if the grieving
party does not request a hearing in accordance with these procedures, the ICHA's
disposition of thc grievance shall become final, provided that failure to request a
bearing shall not constitute a waiver by the tenant of his right thereafter to contest
the ICtlA's action in disposing of the complaint in an appropriate judicial
proceeding. 24 CFR 966.54(c)
2. Before an Administrative Hearing is scheduled for any grievance for rent or other
charges as specified in the Dwelling Lease which the ICHA claims is due, the
complainant shall pay to the tCHA an amount equal to the amount of the rent and
other charges due and payable as of the first of the month preceding the month in
which the act or failure took place. Deposits of the monthly rent, when due and
owing, shall be made until the grievance is resolved. Failure to make such
payments shall end the Hearing process but shall not constitute a waiver of any
right the complainant may have to contest the ICHA's disposition of his/her
grievances in an appropriate judicial proceeding. 24 CFR 966.55(e)
a. Thc escrow deposit will be waived for financial hardship as defined in 24
CFR 966.55 (d)(2).
3. The Iowa City Housing Authority must provide reasonable accommodation for
persons with disabilities to participate in the hearing. Reasonable accommodation
may include qualified sign language interpreters, readers, accessible locations, or
attendants. 24 CFR 966.56(h)
4. If the tenant is visually impaired, any required notices to the tenant must be in an
accessible format. 24 CFR 966.56 (h) (2)
C. Procedures to Obtain an Informal Settlement Hearing
1. The complainant shall submit a written request for an Informal Settlement
Hearing to the ICHA administrative office within ten (10) days after receipt of the
action o~'thc ICHA citing: 24 CFR 966.55(a)
a. The reasons the tenant is disputing the ICHA actions; and 24 CFR966.55
(a)(l)
b. Thc action or' relief the tenant is requesting. 24 CFR 906.55(a)(2}
2. Upon rcceipt of a written request for an Informal Settlement Hearing, the Iowa
City Housing Authority will make at least two attempts to contact the tenant and
discuss the reason fbr the ICHA's action.
49
A summary of such discussion shall be prepared within :20 days and one copy
shall be given to the tenant and one copy retained in the ICHA's tenant file. The
summary shall specify the names of those present, the date of the discussion, the
nature of the disposition and the reasons therefore. 24 CFR 966.54
If the grievance has not been resolved to the satisfaction of both parties, the
smnmary will advise the tenant that they may request an Administrative Hearing
by submitting a written request within 10 calendar days of receipt of the
summary. Notification of the Administrative Hearing date will be sent to the
tenant within a reasonable time. The written notice shall specif~v the time, place
and the procedures governing the Administrative Hearing and shall be delivered
to thc tenant and the appropriate ICHA staff.
3. The Administrative Hearing Officer shall be an impartial person selected by the
ICHA.
4. At the Administrative Hearing both parties (ICHA and tenant) will discuss the
grievance. Both parties will have the opportunity to present any and all
information regarding the grievance and support their position regarding the
action taken by the ICHA.
D. Procedures Governing the Administrative Hearing
1. The Administrative Hearing shall be held before the Administrative Hearing
officer. 24 CFR 966.56 (a)
2. The tenant shall be afforded the opportunity to:
a. Examine before the Administrative Hearing, and at the expense of the
tenant, to copy all documents, records and regulations of the ICHA that are
relevant to the Hearing. Any documents requested by the tenant, but not
made available by the ICHA to the tenant, may not be relied on by the
ICHA. 24 CFR 966.56 (b)(1)
b. The right to be represented by counsel or other person. 24 CFR 966.56
(b)(2)
c. The right to a private Hearing unless a public hearing is requested. 24 CFR
966.56 (b)(3)
d. The right to present evidence and arguments in support of his/her complaint,
to controvert evidence relied on by the ICHA, and to confl'ont and cross-
examine all witnesses on whose testimony or information the ICHA relies.
24 CFR 966.56 (b)(4)
e. A decision based solely and exclusively upon the facts preseuted at the
hearing. 24 CFR 966.56 (c)
50
3. The Administrative Hearing Officer may render a decision without proceeding
with the hearing if the Administrative Hearing Officer determines that an
identical or similar issue has been previously decided in another proceeding. 24
CFR 966.56 (c)
4. If the tenant or the 1CHA fails to appear at the scheduled Hearing, the
Administrative Hearing Office may make a determination to postpone the
Hearing for a period not to exceed four (4) business days, or may make a
determination that the party has waived his/her right to a Hearing. Both the
ICHA and thc tenant shall be notified of the determination provided that, if a
tenant has waived his/her right to a l-tearing, this shall not constitute a waiver of
any right the tenant may have to contest the ICHA's disposition in an appropriate
judicial proceeding. 24 CFR 966.56 (d)
5. At the Hearing, the tenant must first demonstrate he/she is entitled to the relief
sought and thereafter the ICHA nmst .justify the action or failure to act in the
matter against which the grievance is directed. 24 CFR 966.56 (e)
6. Thc l-tearing shall be conducted informally by the Administrative Hearing Officer
and both oral and documentary evidence pertinent to the facts and issues raised by
the tenant may be received without regard to admissibility under the rules of
evidence applicable to judicial proceedings. The Administrative Hearing Office
shall require the iCHA, the tenant, counsel, and other participants or spectators to
conduct themselves in an orderly fashion. Failure to comply with this procedure
may result in exclusion from the proceedings or in a decision adverse to the
interests of the disorderly party and the granting or denial of the relief sought.
24 CFR 966.56 (f)
E. Decision of the Administrative Hearing Officer
1. The Administrative Hearing Officer shall prepare a written decision, together with
the reasons therefore, within ten (14) calendar days after the Hearing. A copy of
the decision shall be sent to the tenant and the ICHA. The ICHA shall retain a
copy et' the decision in the tenant's file. A copy of this decision, with all names
and identifying references deleted, shall be maintained on file by the ICHA and
made available for inspection by the tenant, his/her representative or the
Administrative Hearing Officer. 24 CFR 966.57 (a)
2. The decision of the Administrative Hearing Ofricer shall be binding on the ICHA
that shall take all actions, or rcfrain from any actions, necessary to carry out
decision. 24 CFR 966.57 (b)
3. A decision by the Administrative Hearing Officer, in favor of the ICHA or which
denies the relief requested by the tenant in whole or in part shall not constitute a
waiver of, nor affect in any manner whatever, any rights the tenant may have to a
trial dc hove or judicial review in any judicial proceedings, which may thercafter
be brought in the matter. 24 CFR 966.57(c)
F. Procedures Governing the Expedited Hearing Process (This process will be used
ONLY if Iowa is not determined by HUD to be a "due process" state.)
51
Thc 1CHA may use the expedited grievance procedure when the following conditions
exist: 24 CFR 966.55 (g)
1. Any criminal activity that threatens thc health, safety, or right to peaceful
enjoyment of the premise by other residcnts or employees of the ICHA. 24 CFR
966.55 (g)(1)(i)
2. Any drug-related criminal activity on or near such premises. 24 CFR 966.55
(g)(1)(ii)
In the case of an Expedited Hearing the following procedures will be followed:
1. The resident will be notified in the Notice of Termination that the ICHA has opted
for an Expedited Hearing.
2. A request fbr a hearing must be made by the family, in writing, within 5 days of
receiving the Notice of Termination.
3. The Informal Settlement Hearing is not applicable. 24 CFR 966.55 (g)(2).
4. The Expedited Hearing shall occur within 7 days of the written request by the
resident.
5. Notification of the Expedited Hearing date will be sent within 2 days of the request
for hearing and will specify the time, place and procedures governing thc Expedited
Hearing.
6. The Expedited Hearing will be held before the Administrative Hearing Officer
appointed by the ICHA.
7. The procedures listed in (D) (6) above shall be in effect for this hearing.
8. If the tenant fails to appear for the Expedited Hearing he/she shall waive the right to
a hearing. This shall not constitute a waiver of any right the tenant may have to
contest the ICHA's disposition in an appropriate judicial proceeding.
9. The dccision of the Administrative Hearing Officer shall be rendered within 5
business days of the hearing.
10. Thc decision of the Administrative Hearing Officer shall be binding on the ICHA
who shall take all actions, or refrain from any actions, necessary to carry out the
decision. 24 CFR 966.57 (b)
11. A decision by the Administrative Hearing Officer, in favor of the ICHA or which
denies the relief requested by the tenant in whole or in part shall not constitute a
waiver of, nor affect in any manner whatever, any rights the tenant may have to a
ti'iai tlc novo or judicial review in any judicial in'occedmgs, which may thereaticr be
broaght in thc matter. 24 CFR 966.57
52
Appendix I
Income Limits and Deconcentration Worksheet
Development Number of Units Number of Number of Units % Occupied by
Name Under ACC Occupied Units Occupied by Very Poor
As of 9/25/01 Very Poor Families
Families
Public Housing 98 95 81 85%
%Very Poor in
Census Tract
Target Number
Number Needed of below 30% of median area income 39
Number Needed above 30% of median area income 59
53
Appendix II
CHAPTER 4: ANIMAL CONTROL
8-4-1: DEFINITIONS:
As used ii1 this ( hapter, lite lbllowing definitions shall apply:
ANIMAl.: Any Iix lng c~eature, domestic or wild, except a Imman being.
ANIMAL ACTS OR EXHIBITIONS: Any display contatning one or more live animals, which are exposed to public
view fnr enterlainment, instruction, or advertisement.
BOARDING KENNEI: Any conunercial place or establishment, other than the City animal shelter, where dogs or
cats or other almnals not owned by the proprietor, owner, ot person in possession of the premises ate sheltered, fed,
watered and generally ca~ ed for in return for consideration of a fee.
BREEDER: Any pelson who causes the breeding of a male o~ female dog or cat, or makes or allows a dog or cat to
be available tbr b~ceding, or a person who offers to sell a puppy or kitten that is a direct off'spring of their adnlt dog
or cat. All bt ecdct s must possess a valid permit issned by the Division of Animal Control or its successor.
CAT KENNEL: Any lot, building, structure, enclosure or premises where five (5) or more cats over the age of four
(4) months are kept or maintained.
CIRCUS: An event or perlbrmance which charges members of the pnblic an admission fee to watch iTained lions,
tigers, elephants, or other animals perform under the whip or command of a ringmaster, trainer, or handler.
CITY POUND: Any pubbc animal shelter or pound establisbed or maintained by the City which may include any
private or cbalitablc tn ganization or facility leased by the City or with whom the City has a contractual agreement
for impoundment services
COMMERCIAL KENNEL: A place or establishment where the owner or employees perform groonung or training
services for dogs o1' cats tn return for a consideration or the.
DEFILEMENT: '1o fnul. dirty, pollute or make filthy, either by the animal's body or wastes or by the animal
carrying or d~aggmg any tbul material.
DOG KENNEL: Any lot, building, structure, enclosure, or premises where four (4) or more dogs over the age of
four (4) months arc kept or maintained.
DOG OR ('A'I SI IOW: Any place where dogs or cats are being exhibited and/or judged.
FENCE: A physical hamer intended to prevent escape or intrusion, entry or exit. made of posts and wire, boards,
stone, brick, o~ smiilm matcriah invisible fencing systems using underground wire or electronic collar devices are
not considered IYncing fm the purposes of this Chapter.
GUARD/AT'I A( K DO(i: A dog trained to attack persons upon the command of its master or custodian or upon the
actions of an mdMdual
LIVESTOCK: Au animaxl belonging to the bovine, caplme, equine, ovine, or porcine species; oslrichcs, lheas, emus:
farm deer, as dc[incd m section 481A.1, Code oflox~a, as amended; or poultry.
injected under the skill ot an animal to provide permanent identification.
54
MOLEST: lnchtdes not only biting and scratching a human or other animal, bnt also any annoyance, interference
with or meddling with any such human or animal.
MOTION PICTURE. TELEVISION, OR THEATRICAL PERFORMANCE: Any place or perlbt mance where one
or more animals are nsed in the production of any motion picture, television, radio or theatrical performance,
whether for entertainment, instruction, or advertising.
OWNER: In addition to its ordinary meaning, includes any person who owns, keeps or harbors an animal.
PET SHOP: Any place of business or othe~ commercial establishment ~vhere animals me bought, sold. exchanged,
or offered fbr sale
PIGEON OR DOVE LOFT: Any cage, loft, or enclosure where five (5) or more p~geons or doves arc kept or
maintained.
PRIVATE PROPERTY: All buildings and other property owned by a private person, inchldmg buildings, yards and
service and parking a~ cas.
PROHIBITED AN I,¥1ALS: The following genus/species of animals are hereby declared to be prohibited:
A. Canidac within the order Carnivora (e.g., wolves, wolf dog hybrids which are at least 50 percent wolf} coyotes,
coyote-dog hybrids which are at least 50 percent coyote, foxes, .jackals), but excluding Canis familiaris, the
domestic dog.
B. Felidae within the order Carnivora (e.g., lions, tigers, jagum's, leopards, cougars, lynx, ocelots, bobcats, jungle
cats), but excluding Fells domestica, the domestic cat.
C. Procyonidae within the order Carnivora (e.g., coatis, pandas, raccoons, procynonids).
D. Ursidae of the order Carnivora (e.g., black bears, brown bears, grizzly bears, polar bears).
E. Chiroptera (e.g. bats).
F. Cetacea (e.g., whales, dolphins, porpoises).
G. Pinnipedia (e.g., seals, sea lions, walrus).
H. Sirenia (e.g.. sea cows, manatees).
1. Primates, including all lXamilies, (e.g., Cebidae, Cercopithecidae, Callithricedae, Lemuridae, Lorisidae. Tarsiidae,
Colobinae. Hylobatidae. Pongidae; (e.g., monkeys, baboons, marmosets, tamarins, capuchin, chimpanzees,
orangutan, golillas, apes)).
J. Formicidae within the ruder Hymenoptcra (e.g., fire ants).
K. Apidae; specifically Afl icanized strains of the Apis Mellifera honey bee.
I.. Proboscidea, [ [? acoidea, I'nbulidentata (e.g., elephants, hyraxes, aardvarks).
M. Edemata, Pholidota (e.g., anteaters, sloths, armadillos).
N. Marsnpialia (cg., kangaroos, wallabies, koala), except for sngar gliders.
O. Crocodylidae ol'the otde~ Squamata (e.g., crocodiles, alligator s, caimans, gavials).
P. l telodel matidac of the older Squamata (e.g., gila monsters, beeded lizards).
Q. I.izaicls otdlc species komodoensis, salvadmii, salvato~, niloticus, albigularis, and indicus
55
R. Crotalidae, Viperidae, Elapidae, Opisthoglyphous Colubridae, and all other orders which inclnde poisonous or
venomons reptiles (e.g., rattlesnakes, vipers, cmals, copperheads, cottonmonths, moccasins, sea snakes, puff
adders, malagasy hognoses).
S. Eunectes of the order Squamata (e.g., green anaconda).
T. Python sebac, Python reticulams, Python mnlorus. Morelia amethystina of the order Squamata.
U. Venomous spiders of the families Teridiiae and Loxoscelidae respectively, and scorpions of the order Scorpiones,
excluding Pandinus imperator (emperor scorpmn).
V. All ~ ild ammals indigenous to the State of Ionia, as dcfioed in chapter 481A, Cnde of iowa, as amended.
PUBLIC PROPERTY: Buildings, right of v, ay or other pnblic property owned or dedicated to the nse of the City
and nthcr go~ ernmel~tal entities.
RESTRICTED ANIMALS: The lbllowing genus/species of animals are hereby declared to be restlicted:
A. Fen ets
B. Iguana ignana, lizards of the order of Chamaeleontidae~ and lizards of the genus Varanus. but excluding the
species kolnndoensis, salvadorii, salvator, niloticns, albigularis, and indicus.
C. Viemamcse potbellied pigs (also subject to zoning requirements).
D. Ostriches, emus, rheas, and peafowls (also sul~lect to zoning requirements).
E. Artiodactyla and Camelidae, including camels, alpacas, llamas, and vicuna (also subject to zoning requirements).
F. Sugar gliders.
G. Other small livestock-type animals (also sobject to zoning requirements).
RODEO: A contest, exhibition or competitiou which charges members of the public an admission fee to watch the
skill of contestants or entrants m horseridership where lassoing is performed involving cattle, horses, bulls, goats,
pigs, and wild bovine and/or where contestants ride wild bulls or wild horses for public entertainment.
VETERINARIAN: A person duly licensed by the State of Iowa to practice veterinary medicine.
VETERINARY HOSPITAL: An establishment regularly maintained and operated by a
veterinarian for the diagnosis and treatment of diseases and injuries to animals and which
may board animals. (Ord. 97-3793, 7-15-1997
56
GLOSSARY
50058 Form: The HUD form that housing authorities are required to complete for each assisted
household in public housing to record information used in the certification and re-certification
process and, at the option of the housing authority, for interim reexaminations.
1937 Housing Act: The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) (24 CFR
5.100)
Adjusted Annual Income: The amount of household income, after deductions for specified
allowances, on which tenant rent is based. (24 CFR 5.611)
Adult: A houschold member who is 18 years or older or who is the head of the household, or
spouse, or co-head.
Allowances: Amounts deducted from the household's annual income in determining adjusted
annual income (the income amount used in the rent calculation). Allowances are given for
elderly families, dependents, medical expenses for elderly families, disability expenses, and child
care expenses for children under 13 years of age.
Annual Contributions Contract (ACC): The written contract between HUD and a housing
authority tinder which HUD agrees to provide fimding for a program under the 1937 Act, and the
housing authority agrees to comply witb HUD requirements for the program. (24 CFR 5.403)
Annual Income: All amounts, monetary or not, that:
A. Go to (or on behalf of) the family head or spouse (even if temporarily absent) or
to any other family member; or
B. Are anticipated to be received from a source outside the family during the 12-
month period folloxving ad~nission or annual reexamination effective date; and
C. Are not specifically excluded from annual income.
Annual Income also includes amounts derived (during the 12-month period) from assets to which
any member of thc family has access. (1937 Housing Act; 24 CFR 5.609)
Applicant (applicant family): A person or Family that has applied for admission to a program
but is not yet a participant in the program (24 CFR 5.403)
Assets: Thc value of equity in savings, cbccking, IRA and Keogh accounts, real property, stocks,
bonds, and other forms of capital investment. The value of necessary items of personal property
such as fl~rniture and automobiles arc not counted as assets. (Also see "net family assets.")
57
Asset Income: Income received from assets held by family members. If assets total more than
$5,000, income from the assets is "imputed" and the greater of actual asset income and imputed
asset income is counted in atmual income. (See "imputed asset income" below.)
Ceiling Rent: Maximum rent allowed for public housing units.
Certification: ]?he examination of a household's income, expeuses, and family composition to
determine the family's eligibility for program participation and to calculate the family's share of
robt.
Child: For purposes of citizenship regulations, a member of the family other than the family
head or sponse who is under 18 ycars of age. (24 CFR 5.504(b))
Child Care Expenses: Amounts anticipated to be paid by the family for the care of children
under 13 years of age during the period for which annual iucome is computed, but only where
such care is necessary to cnable a family membcr to actively seek employment, be gainfully
employed, or to further his or her education and only to the extent such amounts are not
reimbursed. The amount deducted shall reflect reasonable charges for childcare. In the case of
childcare nccessary to permit employment, the amount deducted shafl not exceed the amount of
employment income that is included in annual income. (24 CFR 5.603(d))
Citizen: A citizen or national of the United States. (24 CFR 5.504(b))
Consent Form: Any consent form approved by HUD or the Iowa City ttousing Authority to be
signed by assistance applicants and participants for the purpose of obtaining income information
£rom employers and SWICAs, return information from the Social Security Administration, and
return information for unearned income from the Internal Revenue Service. The consent forms
may authorize the collection of other information from assistance applicants or participant to
determine eligibility or level of benefits. (24 CFR 5.214)
Decent, Safe, and Sanitary: Housing is decent, safe, and sanitary if it satisfies the applicable
housing quality standards.
Department: The Department of Housing and Urban Development. (24 CFR 5.100)
Dependent: A member of the family (except foster children and foster adnlts), other than the
family head or spouse, who is under 18 years of age or is a person with a disability or is a full-time
student. (24 CFR 5.603(d))
Dependent Allowance: An amount, equal to $480 multiplied by the number of dependents, that is
deducted from the household's annual income in detemfining adjusted annual income.
Disability Assistance Expenses: Reasouable expenses that are anticipated, during the period for
which annual income is computed, for attendant care and auxiliary apparatus for a disabled family
membcr and that are necessary to enable a family member (including the disabled member) to be
cmployed, provided that the expenses are neither paid to a member of the family nor reimbursed
by an oulsidc source. (24 CFR 5.603(d))
58
Disability Assistance Expense Allowance: In determining adjusted annual income, the amount of
disability assistance expenses deducted from annual income for farnilies with a disabled household
member.
Disabled Family: A family whose head, co-head, spouse, or sole member is a person with
disabilities; two or more persons with disabilities living together; or one or more persons with
disabilities living with one or more live-in aides. (24 CFR 5.403(b)) (Also see "person with
disabilities.")
Disabled Person: See "person with disabilities."
Displaced Family: A family in which each member, or whose sole member, is a person displaced
by govcrnmcntal action (snch as urban renewal), or a person whose dwelling has been extensively
damagcd or destroyed as a result of a disaster declared or otherwise fo~xnally recognized pursuant
to Federal disaster relief laws. (24 CFR 5.403(b))
Displaced Person: A person displaced by governmental action or a person whose dwelling has
been extensively damaged or destroyed as a result of a disaster declared or otherwise formally
recognized pursuant to Federal disaster relief laws. [1937 Act]
Drug-Related Criminal Activity: Drug trafficking or the 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.
Elderly Family: A family whose head, co-head, spouse, or sole member is a person who is at
least 62 years of age; two or more persons who are at least 62 years of age living together; or one
or more persons who are at least 62 years of age living with one or more live-in aides. (24 CFR
5.403)
Elderly Family Allowance: For elderly families, an allowance of $400 is deducted from the
household's annual income in determining adjusted annual income.
Elderly Person: A person who is at lcast 62 years of age. (1937 Housing Act)
Extremely Iow-income families: Those families whose incomes do not exceed 30% of the
median income for tbe area, as determined by the Secretary with adjustments for smaller and
larger families.
Fair Housing Act: Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988 (42 U.S.C. 3601 et seq.). (24 CFR 5.100)
Family includes but is not limited to:
A. A single person 62 years or oldcr.
B. A disabled person cither who is 18 years or older and is not declared as a
dependent by a parent or guardian or who is a dependent living in a group home
or similar supervised residence.
59
C. Household with a child or children who resides in the unit 51% of the time. (A
child who is temporarily away from the home because of placement in foster care
is considered a member of the family).
D. 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.
E. Two or more persons related by blood, marriage, domestic partnership (certified
by City of Iowa City Clerk)), adoption or placement by a governmental or social
service agency, as defined by City of Iowa City code
Family Members: All members of the household other than live-in aides, foster children, and
foster adults. All t;amily members permanently reside in the unit, though they may be temporarily
absent. All family members are listed on thc lease.
Family Self-Sufficiency Program (FSS Program): The program established by a housing
authority to promote self-sufficiency among participating families, including the coordination of
supportive services. (24 CFR 984.103(b))
Family Investment Program (FIP): The program that replaced the Assistance to Families with
Dependent Children (AFDC) that provides financial assistance to needy families who meet
program eligibility criteria. Benefits are limited to a specified time period.
Flat Rent: A rent amount the family may choose to pay in lieu of having their rent determined
under the formula method. The flat rent is established by the housing authority set at the lesser of
the market value for the unit or the cost to operate the unit.
Formula Method: A means of calculating a family's rent based on 10% of their monthly
income, 30% of their adjusted monthly income, the welfare rent, or the minimum rent. Under the
formula method, rents may be capped by a ceiling rent. Under this method, the family's income
is evaluated at least annually.
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 ofl'ering a college degree. (24 CFR 5.603(d))
Head of Household: The adult member of the i~amily who is the head of the household for
purposes of determining income eligibility and rent. (24 CFR 5.504(b))
Household Members: All members of the household including members of the family, live-in
aides, ['oster children, and foster adults. All household members arc listed on the lease, and no
one other than hoosehold members is listed on the lease.
Imputed Income: For households with net Family assets of more than $5,000, the amount
calculated by muhiplying net family assets by a HUD-specified percentage. If imputed income is
more than actual income from assets, tlne imputed amount is used as income from assets in
determining annual income.
6O
In-Kind Payments: Contributions other than cash made to the family or to a family member in
exchange for services provided or for the general support of the family (e.g., groceries provided
on a weekly basis, baby sitting provided on a regular basis).
Interim(examination): A reexamination of a family income, expenses, and household
composition conducted between the regular annual recertifications when a change in a
household's circumstances warrants such a reexamination.
I.ive-ln Aide: A person who resides with one or more elderly persons, near-elderly persons, or
persons with disabilities and wino:
A. Is determined to be essential to the care and well- being of the persons;
B. Is not obligated for the support of the persons; and
C. Would not be living in the unit except to provide the necessary supportive
services. (24 CFR 5.403(b))
Low-Income Families: Thosc families whose incomes do not exceed 80% of the median income
for the area, as determined by the Secretary with adjustments for smaller and larger families,
except that the Secretary may establish income ceilings higher or lower than 80% of the median
for the area on the basis of the Secretary's findings that such variations are necessary because of
prevailing levels of construction costs or unusually high or Iow family incomes. (1937Act)
Medical Expenses: Medical expenses (of all family members of an elderly or disabled family),
including medical insurance premiums, that are anticipated during the period for which annual
income is computed and that are not covered by insurance. (24 CFR 5.603(d)). These expenses
include, but are not limited to, prescription and non-prescription drugs, costs for doctors,
dentists, therapists, medical facilities, care for a service animals, transportation for medical
purposes.
Mixed Family: A family whose members include those with citizenship or eligible immigration
status and those without citizenship or eligible immigration status. (24 CFR 5.504(b))
Monthly Adjusted Income: One twelfth of adjusted income. (24 CFR 5.603(d))
Monthly Income: One twclfth of annual income. (24 CFR 5.603(d))
National: A person who owes permanent allegiance to the United States, For example, as a result
ofbirtb m a United States territory or possession. (24 CFR 5.504(b))
Net Family Assets:
A. Net casln value al'ter deducting reasonable costs that would be incurred in
disposing of rcal property, savings, stocks, bonds, and other forums of capital
investmcnt, excluding interests in Indian trust land and excluding equity accounts
in HUD homeowncrship programs. The value of necessary items of personal
property sucln as furniture and automobiles shall be excluded.
61
B. In cases where a trust fund has been established and the trust is not revocable by,
or under thc control of, any member of the family or household, the value of the
trust fund will not be considered an asset so long as the fund continues to be held
in trust. Any income distributed from the trust ftmd shall be counted when
determining annual income.
C. In detemfining net family assets, housing attthorities or owners, as applicable,
shall include the value of any business or family assets disposed of by an
applicant or tenant for less than fair market value (including a disposition in trust,
but not in a foreclosure or bankruptcy sale) during the two years preceding the
date of application for the prograrn or reexamination, as applicable, in excess of
the consideration received therefor. In the case of a disposition as part of a
separation or divorce settlement, the disposition will not be considered to be for
less than fair market value if the applicant or tenant receives important
consideration not measurable in dollar ten-ns. (24 CFR 5.603(d))
Non-Citizen: A person who is neither a citizen nor national of the United States. (24 CFR
5.504(b))
Occupancy Standards: The standards that a housing authority establishes for determining the
appropriate number of bedrooms needed to house families of different sizes or composition.
Person with Disabilities: A person who:
A. Has a disability as defined in Section 223 of the Social Security Act, which states:
"Inability to engage in any substantial, gainful activity by reason of any medically
determinable physical or mental impain'nent that can be expected to result in
death or that has lasted or can be expected to last for a continuous period of not
less than 12 months, or
In the case of an individual who attained the age of 55 and is blind and unable by
reason of such blindness to engage in substantial, gainful activity requiring skills
or ability comparable to those of any gainfid activity in which he has previously
engaged with some regularity and over a substantial period of time."
B. Is determincd, pursuant to regulations issued by the Secretary, to have a physical,
mental, or emotional impairment that:
1. Is expected to be of long-continued and indefinite duration;
2. Substantially impedes his or her ability to live independently; and
3. Is of such a nature that such ability could be improved by more suitable
housing conditions, or
C. Has a devclopmcnlal disability as defined in Section 102(7) of the Developmental
Disabilities Assistance and Bill of Rights Act, which states:
"Severe chronic disability that:
62
1. ls aHributable to a nlental or physical impairment or conlhination ill'
menial and physical inlpairnlcnts;
2. Is manifested before the person attains age 22;
3. Is likely to continue indefiuite]y;
4. Results in substantial functional limitation in three or nlore of the
following areas of major life activity: (1) self care, (2) receptive and
responsive language, (3) learning, (4) mobility, (e) self-direction, (6)
capacity for independent living, and (7) economic self-sufficiency; and
5. Reflects the person's need for a combination and sequence of special,
interdisciplinary, or generic care, treatment, or other services that are of
lifelong or extended duration and are individually planned and
coordinated."
This definition does not exclude persons who have the disease of acquired
immunodeficiency syndrome or any conditions arising from the etiologic agent
for acquired immunodeficiency s~drome. (1937 Act)
No individual shall be considered to be a person with disabilities for pu~oses of
eligibility solely based on any drug or alcohol dependence.
Proration of Assistance: The reduction in a family's housing assistance payment to reflect the
proportion of family members in a mixed family who are eligible for assistance. (24 CFR5.520)
Public Housing Agency (PHA): Any State, county, municipality, or other govermnental entity
or public body (or agency or instrumentality thereof) which is attthorized to engage in or assist in
the development or operation of low-income housing under the 1937 Housing Act. (24 CFR
5.100)
Recertification: The annual reexamination of a family's income, expenses, and composition to
detem~ine the family's rent.
Remaining Member of a Tenant Family: A member of the family listed on the leasc who
continues to live in the public housing dwelling after all other family members have left.
(Haudbook 7565.1 REV-2, 3-5b.)
Self-Declaration: A type of verification statement by the tenant as to the amount and source of
income, expenses, or family composition. Self-declaration is acceptable verification only when
third-party vcrification or documentation cannot be obtained.
Single Person: Someone living alone or intending to live alone who does not qnalify as an
elderly family, a person with disabilities, a displaced person, or thc remaining member of a
tenant family. (Public Housing: Handbook 7465.1 REV 2, 3-5)
63
Iowa Workforce Development: Thc State agency receiving quarterly wage reports from
employers in the State or an alternative system that has beeu determined by the Secretary o£
Uabor to be as effective and timely in providing employment-related income and eligibility
information. (24 CFR 5.214)
'l'enant: The person or family renting or occupying an assisted dwelling unit. (24 CFR 5.504(b))
Tenant Rent: The amount payable monthly by the family as rent to the housing authority.
Where all utilities (except telephone and cable) and other essential housing services are supplied
by the housing authority or owner, tenant rent equals total tenant payment. Where some or all
utilities (exccpt telephone) and other essential housing services are supplied by thc housing
authority and the cost thereof is not included in the amount paid as rent, tenant rent equals total
tenant payment less the utility allowance. (24 CFR 5.603(d))
Third-Party (verification): Written or oral confirmation of a family's income, expenses, or
household composition provided by a source outside the household.
Total Tenant Payment (TTP):
A. Total tenant payment for families whose initial lease is effective on or after
August 1, 1982:
1. Total tenant payment is the amount calculated under Section 3(a)(1 ) of the
1937 Act which is the higher off
a. 30% of the family's monthly adjusted income;
b. 10% of the family's monthly income; or
c. If the family is receiving payments for welfare assistance from a
public agency and a part of such payments, adjusted in accordance
with the family's actual housing costs, is specifically designated by
such agency to meet the family's housing costs, the portion of such
payments which is so designated.
If the family's welfare assistance is ratably reduced from the standard of
need by applying a percentage~ the amount calculated under section
3(a)(1) should be the amount resulting fi-om one application of the
percentage.
2. Total tenant payment for families residing in public housing does not
include charges for excess utility consumption or other miscellaneous
charges.
B. Total tenant payment for families residing m public housing whose initial lease
was effective before August 1, 1982: Paragraphs (b) and (c) of 24 CFR 913. 107,
as it existed immediately before Novembcr 18, 1996), will continue to govern the
total tenant payment of families, under a public housing program, ,,',.'hose initial
leasc was effective before August 1, 1982.
64
Utility Allowance: If the cost of utilities (except telephone) and other housing services for an
assisted unit is not included in the tenant rent but is the responsibility of the family occupying the
unit, an amount equal to the estimate made by a Inousing autlnority of the monthly cost of a
reasonable col]sumption of such utilities and other services for the unit by an energy-
conscrvative household of modest circumstances consistent with the requirements of a safe,
sanitary, and hcahhful living cnvironment. (24 CFR 5.603)
Utility Reimbursement: The amount, iF any, by which the utility allowance for tine unit, if
applicable, exceeds tlnc total tenant payment for the family occupying thc nnit. (24 CFR 5.603)
Very Low-lncome Families: Low-income families whose incomes do not exceed 50% of tlne
median family income for the area, as determined by the Secretary with adjustments for smaller
and larger families, except that the Secretary may establish income ceilings Ngher or lower than
50% of the median for the areas on the basis of the Secretary's findings that such variations are
neccssary becansc of unusually high or low family incomes. Such ceilings shall be established in
consultation with the Secretary of Agriculture for any rural area, as defined in Section 520 of the
Housing Act of 1949, taking into account the subsidy characteristics and types of programs to
which sucln ceilings apply. (1937 Act)
Violent Criminal Activity: [A]ny criminal activity that has as one of its elements the use,
attempted use, or threatened use of physical force substantial enough to cause, or be reasonably
likely to cause, serious bodily injury or property damage. 24 CFR 5.100
Welfare Assistance: Welfare or other payments to families or individuals, based on need, that
are made under programs funded by Federal, State or local governments. (24 CFR 5.603(d))
65
ACRONYMS
ACC Annual Contributions Contract
CFR Code of Federal Regulations
FSS Family Self Sufficiency (program)
HCDA Housing and Community Development Act
HQS Housing Quality Standards
HUD Department of Housing and Urban Development
INS (U.S.) Immigration and Naturalization Service
NOFA Notice of Funding Availability
OMB (U.S.) Office of Management and Budget
PHA Public Housing Agency
QHWRA Quality Housing and Work Responsibility Act of 1998
SSA Social Security Administration
TTP Total Tenant Payment
66
REQUEST FOR VERIFICATION Tenant ID DK
IOWA CITY HOUSING
AUTHORITY
JANUARY 3, 2002
The person named below to the right has applied for or is receiving Federal Housing Assistance and has authorized verification of
their income, assets, and expenses. Should you have any questions, please call Denise Kinnison at 319-356-5400.
Firstar Kellee Bobek
Legal Research, CN-WP-02RG, P,O. Box 5220 11 Coneflower Ct
Cincinnati, OH 45201 Iowa City, fA 52240
SSN: 337-70-4407
Please complete the section below marked with an X and return this form to the Iowa City Housing Authority: 410 E.
Washington Street Iowa City, IA 52240 by January 17, 2002. You may fax the completed form to 319-356-5459.
ASSETS
CHECKING, SAVINGS, CERTIFICATES, AND SIMILAR ACCOUNTS
TYPE ACCOUNT NUMBER BALANCE INTEREST RATE
Checking Account $ %
$ o
%1
$ %
Thank you for your time and assistance.
Title Telephone NO
HAPPY Software 3/98
TDD: (219) ~ ~6' 5404
410 ~. ~'as/Jin, gton ,[tree! . lo~'a C~9' . lo~a . 72240.1826
ASSET VERIFICATION
Oanuary 3, 2002
Firstar Bank N.A.
Legal Research, CN-WP-02RG
P.O. Box 5220
Cincinnati, Ohio 45201-5220
Att: Account Verifications
Dear Sir/Madam:
We are required by Federal Regulations to verify the assets of all members of families
applying for or who are participating in our Section 8 Rental Assistance Program. We
ask your cooperation in supplying the information requested below in order for us to
determine the eligibility and rental amount of the family specified.
Thank you for your cooperation and the prompt return of this form.
Sincerely,
Denise Kinnison
Housing Program Assistant
PLEASE COMPLETE AND RETURN THE ATTACHED INFORMATION SHEET
Note: A signed release of information form is included.
ASSET VERIFICATION
1/3/2002 dk
BANK: Firstar
NAME: Kelly and/or Daniel Bobek
SOCIAL SECURITY #: 337-70-4407 and/or 337-76-0322
SAVINGS ACCOUNTS(Money MarketFunds):
ACCT.# BALANCE % RATE
ACCT.# BALANCE % RATE
ACCT.# BALANCE % RATE
CHECKING ACCOUNTS:
ACCT.# BALANCE % RATE
ACCT.# BALANCE % RATE
ACCT.# BALANCE % RATE
SAVINGS OR TIME CERTIFICATES(CD's):
ACCT.# BALANCE % RATE
ACCT.# BALANCE % RATE
ACCT.# BALANCE % RATE
AUTHORIZED BANK OFFICIAL SIGNATURE AND TITLE:
Signature Date
Telephone #: Fax #:
Phone: (y/c)) 356.~400
FMX: (~19) 356'545~
TDD: (3 ! 9) 3 ~. ~404
UTHORITY~ 470 ~'.
II ashmgton Strew . lo~:'a C~' · lo~,a . ~2240.1826
ASSET VERIFICATION
January 3, 2002
Firstar Bank N.A.
Legal Research, CN-WP-02RG
P.O. Box 5220
Cincinnati, Ohio 45201-5220
Att: Account Verifications
Dear SidMadam:
We are required by Federal Regulations to verify the assets of all members of families
applying for or who are participating in our Section 8 Rental Assistance Program. We
ask your cooperation in supplying the information requested below in order for us to
determine the eligibility and rental amount of the family specified.
Thank you for your cooperation and the prompt return of this form.
Sincerely,
Denise Kinnison
Housing Program Assistant
PLEASE COMPLETE AND RETURN THE ATTACHED INFORMATION SHEET
Note: A signed release of information form is included.
ASSET VERIFICATION
1/3/2002 d k
BANK: Firstar
NAME: Kelly and/or Daniel Bobek
SOCIAL SECURITY #: 337-70-4407 and/or 337-76-0322
SAVINGS ACCOUNTS(Money MarketFunds):
ACCT.# BALANCE % RATE
ACCT.# BALANCE % RATE
ACCT.# BALANCE % RATE
CHECKING ACCOUNTS:
ACCT.# BALANCE % RATE
ACCT.# BALANCE % RATE
ACCT.# BALANCE % RATE
SAVINGS OR TIME CERTIFICATES(CD's):
ACCT.# BALANCE % RATE
ACCT.# BALANCE % RATE
ACCT.# BALANCE % RATE
AUTHORIZED BANK OFFICIAL SIGNATURE AND TITLE:
Signature Date
Telephone #: Fax #:
Prepared by: Klm Shera, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 02-09
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SCOTT
BOULEVARD EXTENSION - ACT TO ROCHESTER AVENUE, F/K/A SCOTT
BOULEVARD EXTENSION PHASE IV PROJECT, ESTABLISHING AMOUNT OF
BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of I0% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 29TM day of January,
2002, or at a later date and/or time as determined by the Director of Public Works or
designee, with notice of said later date and/or time to be published as required by law.
Thereafter the bids will be opened by the City Engineer or his designee, and thereupon
referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next
meeting, to be held at the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m.
on the 5 day of February, 2002, ~f sa~d meebng ~s cancelled, at the next meebng of the
City Council thereafter as posted by the City Clerk.
Passed and approved this 8th day of January ,20.02
Approved by _
CITY'CLERK City~/~t~or~'s Office
pweng\re s~scolt bird p hiv doc 12/01
Resolution No. 02-09
Page 2
It was moved by Vanderhoef and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O~Donnell
~{ Pfab
X Vanderhoef
X Wilbum
Prepared by: Klm Shera, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO.
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF T~IE ScoTr
BOULEVARD EXTENSION PHASE IV PROJECT, ESTABLISHING ¢~/1OUNT OF
BID SECURITY T° ACCOMPANY EACH BID, DIRECTING CI'I~ CLERK TO
PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME A~D PLACE FOR
RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, f~m of contract and estimate of
cost for the above-named project waS~ublished as required by I~W, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLV~i~" BY THE COUNC/f'L/OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, form of co;it(act a]fd estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany ~,ch bid for the construction of the above-
named project shall be in the amount/Of 10°/.'(.[eh percent) of bid payable to Treasurer,
City of Iowa City, Iowa. /
3. The City Clerk is hereby authoriz/eS/and directed to pi~lish notice for the receipt of bids for
the construction of the above/qamed project in a ni~,wspaper published at least once
weekly and having a genera~zirculation in the city.
/
4. Bids for the above-namec)/project are to be received by the Gi,ty of Iowa City, Iowa, at the
Office of the City Clerk,/~t the Civic Center, until 10:30 a.m. o~the 29TM day of January,
2002, or at a later da/t(~, an.d,/,or, time as de.t.erm!ned by the Dire'b~r of Public Works or
designee, with notice/of said later date and/or time to be publishe'~l~as required by law.
Thereafter the bids~ill be opened by the City Engineer or his desig'~,ee, and thereupon
referred to the Cou/hcil of the City of Iowa City, Iowa, for action upon s~l, id bids at its next
meeting, to be hel~ at the Emma J. Harvat Hall, Civic Center, Iowa City, I~.wa, at 7:00 p.m.
t th ....
on he 5 day of~ebruary, 2002, ~f said meeting is cancelled, at the'nex~meeting of the
City Council th~after as posted by the City Clerk.
Passed and approv,~/this day of ,20._._~.
../ MAYOR-
/ Approved by
CITY CLERK Cit~ ~,t~orney'sVOffice
pweng\re$~,ottblvdphiv doc 12/01
[
Prepared by: Kumi Mords, Engineering Div., Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044
RESOLUTION NO. 02-10
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
LANDFILL SALVAGE BARN & FURNITURE BUILDING PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, iowa, at the
Office of the City Clerk, at the Civic Center, until 2 p.m. on the 31st day of January, 2002,
or at a later date and/or time as determined by the Director of Public Works or designee,
with notice of said later date and/or time to be published as required by law. Thereafter the
bids will be opened by the City Engineer or his designee, and thereupon referred to the
Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, tthO be
held at the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 5 day
of February, 2002, or if said meeting is cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk.
of Januar ,2002
'~AYOR
Approved by
ClTY"GLERK Cit~, Attorn~y's~(~ffic"E''~
pwengVes\salvgbarn doc 12/01
Resolution No. 02-10
Page 2
It was moved by Pfab and seconded by Wi 1 burn the Resolution be
adopted, and upon tell call there were:
AYES: NAYS: AJ3SENT:
X Champion
X Kanner
X Lehman
~ O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Julie Voparil, Deputy City Clerk, 410 E, Washington St,, Iowa City, IA 52240 (319)356-5040
' "I
RESOLUTION NO. 02-11
RESOLUTION RESCINDING PRIOR RESOLUTION NO. 97-60
AND IN LIEU THEREOF SETTING FEES AND CHARGES WITH
RESPECT TO THE ADMINISTRATION OF REGULATIONS OF
VEHICLES FOR HIRE, BY REPLACING "TAXICAB"
REFERENCES WITH "VEHICLE FOR HIRE" AND AMENDING
THE PARKING STAND FEE WITH GENERAL LANGUAGE TO
REFLECT ANY CHANGES THAT MAY BE MADE IN PARKING
FEE ORDINANCE
WHEREAS, Title 5, Chapter 2 of the City Code of the City of Iowa City, Iowa,
established regulations for vehicles for hire and drivers operating such vehicles within
the City of Iowa City; and
WHEREAS, Council adopted an ordinance replacing the term "Taxicab" with "Vehicle
for Hire," and
WHEREAS, Vehicle for Hire Parking Stands occupy metered spaces and should
generate revenue estimated for that space.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1. Prior Resolution No. 97-60 establishing certain fees and charges for vehicles for
hire is hereby rescinded effective March 1,2002, and this Resolution adopted and
approved in lieu thereof.
2. The following fees are hereby established for vehicles for hire as follows:
a.Processing a company application: $20.00 for a one-year period expiring March
1 unless suspended or revoked, with no refunds.
b. Issuance or replacement of a decal: $40.00 each for a one-year period expiring
March 1 unless suspended or revoked. If the City is notified by the insurance
carrier of cancellation of insurance, the decal will be removed and returned to
the City Clerk's office, with no refund.
c.Issuance of driver's badge: $7.50 each driver for a one-year period, or the
remaining period of Chauffeur's/Operator's License if under one year.
d.Designation of a parking stand: Actual dollars earned from monthly parking
meter fee established by ordinance for the area.
e. All such fees shall be effective March 1,2002.
3. The minimum limits for vehicle for hire operator's liability insurance are to be
quoted "individual" liability amounts, or in lieu thereof as a "combined" liability
Resolution No. 02-11
Page 2
amount, said liability minimum amounts to be established at the following limits
with a deductible not to exceed $500, and shall also comply with all state and
federal requirements if greater:
a. "Individual" Liability Amounts
1 ) To cover the insured's liability for bodily injury or death of one
person, as a result of one accident or other cause, Five Hundred
Thousand Dollars ($500,000.00).
2) To cover the insured's liability for bodily injury or death of more
than one person as a result of one accident or other cause, One
Million Dollars ($1,000,000.00). If the vehicle for hire has more than ten
seats, the insured's liability for bodily injury shall be Two Million
Dollars ($2,000,000.00).
3) To cover the insured's liability for damage to or destruction of
property other than that of the insured as a result of any one
accident or other cause, One Hundred Thousand Dollars
($100,000.00).
b. "Combined" Liability Amount
To cover the insured's liability for bodily injury or death of one or more
persons as a result of any one accident or other cause, and to cover the
insured's liability for damage to or destruction of property other than
that of the insured as a result of any one accident or other cause, One
Million Dollars ($1,000,000.00) combined. If the vehicle for hire has more than
ten seats, the insured's liability for bodily injury shall be Two Million
Dollars $2,000,000.00).
4. The mimmum limits for pedicabs and horse-drawn vehicle operator's liability
insurance are to be quoted as "individual" liability amounts, or in lieu thereof as
a "combined" liability amount, said liability minimum amounts to be established
at the following limits with a deductible not to exceed $500, and shall also
comply with all state and federal requirements if greater:
a. "Individual" Liability Amounts
1) To cover the insured's liability for bodily injury or death of one
person, as a result of one accident or other cause, Two Hundred
Fifty Thousand Dollars ($250,000.00).
2) To cover the insured's liability for bodily injury or death of more
than one person as a result of one accident or other cause, Two
Hundred Fifty Thousand Dollars ($250,000.00).
Resolution No. 02-11
Page 3
3) To cover the insured's liability for damage to or destruction of
property other than that of the insured as a result of any one
accident or other cause, One Hundred Thousand Dollars
($100,000.00).
b. "Combined" Liability Amount
To cover the insured's liability for bodily injury or death of one or more
persons as a result of any one accident or other cause, and to cover the
insured's liability for damage to or destruction of property other than
that of the insured as a result of any one accident or other cause, Two
Hundred Fifty Thousand Dollars ($250,000.00) combined.
This resolution shall be in effect March 1,2002.
Passed and approved this 8th day of ~]anuar.y ,2002 .
ATTEST: ), _~.Z:",~..~'-~,~'~ //%"/. ~2~,/~/' Approved by
CITY ~3LERK 7.
Resolution No.
Page 3
3) To ;r the insured's liability for damage of
other than that of the insured as a res~ any one
use, One Hundred Thou Dollars
( 00).
b. "Combined" .ility Amount
To cover the in.' for injury or death of one or more
persons as a ~ any one or other cause, and to cover the
insured's liabilit, property other than
that of the insured as of any one accident or other cause, Two
Hundred Fifty Thousand ,liars ($250,000.00) combined.
Effective date March 1,2002
ATTEST: by
/ Office
/
Prepared by: Dan Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA (319)356-5144
RESOLUTION NO. 02-12
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY
CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT
SERVICES FOR THE IOWA CITY SANITARY LANDFILL.
WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and
WHEREAS, professional engineering services are required to construct necessary facilities to
continue landfilling operations on the western portion of the currently permitted site; and
WHEREAS, an Agreement for professional engineering services has been negotiated with and
executed by Howard R. Green Company Consulting Engineers of Cedar Rapids, Iowa; and
WHEREAS, this City Council has been advised and does believe that it would be in the best
interest of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green
Company Consulting Engineers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT, the Consultant Agreement by and between the City of Iowa City, Iowa, and
Howard R. Green Company Consulting Engineers for the provision of engineering services,
attached hereto and made a part hereof, is in the public interest, and hereby approved as to
form and content.
AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and
directed to execute and attest, respectively, said Agreement for and on behalf of the City of
Iowa City, Iowa.
Passed and approved this 8th day of ~lanuar,y 2002.
Approved by:
City"Clerk City/~ttorn~y's Office --
Pweng\res~landfill.doc
Resolution No. 02-12
Page 2
It was moved by Cham,ninn and seconded by Vanderh0ef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
~r O'Donnell
X Pfab
X Vanderhoef
X Wilbum
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this ~'~'~ day of .~,,,v~,,~,-¢~.~ ,2001, by and
between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and
Howard R. Green Company, of 8710 Earhart Lane SW, Cedar Rapids, IA 52404, hereinafter
referred to as the Consultant.
WHEREAS, the City of Iowa City desires to secure the services of a consulting engineering firm
to prepare construction plans, project manual, and detailed construction specifications; to
provide for assistance in receiving bids and awarding construction contract(s); to provide for
construction staking, construction observation and contract administration, all as related to the
design and construction of the next (FY02) operating cell at the City of Iowa City Sanitary
Landfill, and;
WHEREAS the City of Iowa City desires to secure the services of a consulting engineering firm
to perform additional services in conjunction with ongoing operations at the City of Iowa City
Sanitary Landfill to include (1), the evaluation of alternatives for installing additional cover on
existing landfill cells FY72 and FY73, evaluating the need for installation of additional leachate/
groundwater collection lines along the east toe of cells FY72 and FY73, and evaluating the
effectiveness of the existing groundwater cut-off line for cells FY72 and FY73, to include the
completion of the engineering design and preparation of construction plans, project manual, and
detailed construction specifications; providing assistance in receiving bids and awarding
construction contract(s); and (2), the completion of the engineering design and preparation of
construction plans, project manual, and detailed construction specifications; providing
assistance in receiving bids and awarding construction contract(s); and (3) the completion of the
engineering design and permitting of a Storm Water Retention Basin and the Stormwater
Pollution Prevention Plan (SPPP) and related appurtenances in compliance with Phase II of the
Federal Storm Water Rules.
Included in the above noted additional engineering services are the required revisions to and
submittal of the revised Development and Operational Plans and Specifications (DOPS) to the
Iowa Department of Natural Resources (IDNR), and incorporating the design and construction
of storm water retention basin facilities into the construction of proposed landfill cell FY02.
NOW THEREFORE, it is agreed by and between the parties hereto that the City does now
contract with the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner:
Howard R, Green Company
O:~Proj\725410~ADMIN\PROPOSAL~Agreement-revised.doc Page 1
I-A. DESIGN OF CELL FY02
This work consists of consulting engineering services necessary to complete the
design and facilitate the construction of the next operating cell - herein designated as
cell FY02.
Cedain Iowa Department of Natural Resources (IDNR) permit requirements should
have been addressed with previous application submittals to the Agency. This
previously-submitted information includes items such as the legal description of the
facility, zoning, land use, location of homes and buildings within one half mile, proof of
ownership, haul routes, plus flood plain, surface water and groundwater
considerations. This part of the Scope of Services does not include addressing these
items.
The development of cell FY02 may require the excavation and removal of the
construction and demolition (C&D) waste that was placed at the landfill during the
urban renewal era in Iowa City. This waste material is generally located north of cell
FY98. Removal to the active fill area will allow for uninhibited development of FY02
including proper installation of the liner, leachate control and groundwater drain line
systems as required to meet current design standards.
A field investigation to accurately locate the boundaries of the C&D area will be
performed by the owner, thus allowing for calculation of the waste quantity (for bid
purposes), will be conducted. If removal is required, this information, along with
recommendations for removal and re-disposal, will be submitted to IDNR for approval
The recommendations, along with any additional requirements imposed by and agreed
to with IDNR, will be incorporated into the construction contract for FY02. Additionally,
removal and re-disposal of the C&D waste will be incorporated in the final revised
Development and Operational Plans and Specifications (DOPS) for submittal to IDNR.
Specific to the design of cell FY02, consideration will be given to the equivalency of
alternative liners and final cover (i.e.: compacted clay in lieu of flexible membrane liner
(FML). The availability and suitability of existing on-site native soils will be evaluated
for use as liner and cover materials, and engineering design will be based on use of
these on-site native soils.
The final plans and documentation for construction of cell FY02 and for removal and
re-disposal of the C&D waste will be reviewed with City staff before transmitting them
to the IDNR or the Soil Conservation Service District Office.
This work will include completion of the final design for cell FY02 based on the
configuration as illustrated in the Development and Operational Plans and
Specifications (DOPS) as previously approved by IDNR.
Consultant will also prepare the Project Manual and Specifications to include:
· Notice of Public Meeting
· Advertisement for Bids
· Instructions to Bidders
· Form of Proposal
Howard R, Green Qompany
O:\Proj\725410~ADMIN\PROPOSAL~Agreementorevised.doc Page 2
· Bid, Performance, and Payment Bond Forms
· Notice of Award
· Form of Agreement
· Notice to Proceed
· Standard General Specifications
· Supplemental General Specifications
· Detailed Specifications Excavation
Borrow-soil removal, stockpile, restoration
Subbase preparation
Construction of groundwater collection facilities
Construction of the compacted soil liner system
Construction of leachate collection piping system
Testing and quality control/assurance
· Special Provisions
· Engineer's Opinion of Probable Construction Cost
Consultant will distribute all copies of the contract documents to prospective bidders as
required for bid letting.
The bid letting process will entail the invitations to bid, instructions to bidders, bid
proposals, proposal evaluation, and acceptance. Consultant will conduct a pre-bid
meeting for prospective Contractors that will include a visit to the landfill to discuss site
conditions, project requirements, and questions. (Attendance at this pre-bid meeting
may be optional for the prospective bidders).
I-B CONSTRUCTION ADMINISTRATION
This Scope of Services includes limited contract management for the next phase (cell
FY02) of the landfill expansion. For the basis of scope item, it is assumed that
construction of cell FY02 will begin in May, 2002 and will be completed by November
1, 2002. This scope item includes the following services:
· Arrange for and conduct the Preconstruction Meeting. The Contractor will be
advised as to IDNR requirements for construction, testing, and
documentation involving the groundwater collection, leachate control, and
compacted clay liner systems.
· Issue interpretations and clarifications of the project documents. Consultant
will review shop drawings, samples and other data, which the Contractor may
be required to submit, for conformance with the design concept of the project.
· Evaluate the acceptability of substitute materials and equipment as may be
proposed by the Contractor.
· Provide surveying for "as-constructed" plans of the liner system and
associated piping systems as modifications occur during construction based
on information provided by the City.
Howard R, Green Company
O:\Proj\725410~ADMIN\PROPOSAL~Agreement-revised .doc Page 3
· Prepare final drawings showing those changes made during construction,
based on the marked-up drawings and updated survey data provided by the
City. Copies of the final plans will be distributed to the City and IDNR.
Consultant will also certify the completed construction to the City of Iowa City
and to IDNR and attend IDNR's final inspection.
· Assist the City in processing change orders, extra work orders, padial and
final payment requests and final quantities.
I-C. EVALUATION Of COVER AND LEACHATE/GROUNDWATER CONTROL SYSTEMS
FOR CELLS FY72 AND FY73.
Based on recommendations contained in the year 2000 Leachate Control System
Performance Evaluation Report (LCSPER), and agreement reached at a discussion
meeting held with IDNR staff on January 26, 2001, the City has committed to
improving the existing cover on cells FY72 and FY73. This will be accomplished by
initially completing a topographic survey and evaluating the existing final cover on cells
FY72 and FY73 by September, 2001.
Areas needing additional fill/regrading to eliminate surface depressions, provide
required cover thickness, correct surface slopes, and to provide proper surface
drainage are to be identified in a Leachate Control System Remedial Action Plan
(LOSRAP). The LOSRAP is to be submitted to IDNR by December, 2001. Subject to
IDNR approval, construction of improvements to the cover for cells FY72 and FY73 is
to commence in the Spring, 2002.
Additionally, the City wishes to (1), improve the collection of leachate from cells FY72
and FY73 and (2), evaluate the effectiveness of the existing groundwater cut-off line
for cells FY72 and FY73, including the need for additional groundwater collection lines
in the area.
The topographic surveying of the existing cover on cells FY72 and FY73 was
completed in the Summer of 2001 as part of a separate contract with the City.
Completion and submittal of the basic LOSPER for calendar year 2001 to IDNR by
December 2001 is also included in a previously-executed contract with the Oity. The
work associated with this Scope of Services includes the required evaluation of the
integrity of the existing final cover on cells FY72 and FY73, ba~ed in part on the
recently-completed topographic surveying work, to include the providing of
recommendations for filling/grading, and the incorporation of the results of the
evaluation and the resulting recommendations in the 2001 LCSPER.
Included in this Scope of Services is a determination of the effectiveness of the
existing leachate collection (toe drain) system and the existing groundwater cut-off line
for cells FY72 and FY73, based in pad on City-supplied "as built" drawings of these
systems, to include recommendations for additions/improvements to the existing
systems. Aisc included in this Scope of Services is the task of incorporating the
results of the evaluations of the effectiveness of the leachate collection system and
groundwater cut-off line and the resulting recommendations for any
additions/improvements to same in the 2001 LCSPER. Finally, this Scope of Services
Howard R, Green Company
O:~Proj\725410~ADMIN\PROPOSAL~Agreement.revised.doc Page 4
includes completion of the engineering design and preparation of construction plans,
project manual, and detailed construction specifications; providing assistance in
receiving bids and awarding construction contract(s).
I-D. STORM WATER CONTROL iMPROVEMENTS
The current Federal National Pollutant Discharge Elimination System (NPDES) Storm
Water Program Phase I Rules require permitting for construction activities which
disturb an area equal to or greater than five (5) acres. Phase II rules will require a
permit for construction activities which disturb an area between one acre and five
acres in size, effective March 10, 2003. Such permits are designated as General
Permits No. 2.
The construction of cell FY02 is anticipated to commence in early 2002, thus being
regulated under the current Phase I (5 acres or greater) rule. The construction
specifications to be prepared by Consultant, as included in the Scope of Services in
Section I-A above, will assign responsibility for operational control of erosion and
sediment control associated with the construction project to the Contractor. Further,
the specifications will stipulate that the General Permit No. 2 will be obtained for the
project by the Contractor.
The current Phase I rules require permits for both ongoing operational and post-
construction activities for sanitary landfills operated by municipalities over 100,000
population. Effective March 10, 2003, the Phase II rules will require permits for both
types of activities for sanitary landfills that are operated by municipalities under
100,000 population. This permit will address both normal landfill operational activities,
many of which are currently ongoing and expected to continue (ie: filling of cells FY95,
FY96, and FY98; construction of borrow areas for cover material; composting of yard
waste, etc), and those operational activities directly associated with post-construction
operation of cell FY02. Such permits are designated as General Permits No. 1.
The completion of the construction of cell FY02 is anticipated to be after the March 10,
2003 date, thus requiring that a General Permit No. 1, addressing post-construction
operations of cell FY02 be in place before the completed cell can be placed into
operation. In that this permit will address both ongoing normal operational activities of
the landfill, as noted above, and post-construction activities associated with cell FY02,
it is prudent to obtain a single permit prior to the March 10, 2003 date to address both
types of activities. This Scope of Services, therefore, identifies the work task to be
performed by Consultant as required to enable the City to apply fdr a General Permit
No. 1. Those tasks, in compliance with Phase II rules, are:
· Prepare a Notice of Intent (NOI) application (IDNR form 542-1415) for a Multi-
Sector General Permit No. 1, for submittal by the City to Iowa Department of
Natural Resources (IDNR).
· Prepare information and instructions for the City to file a Public Notice of Storm
Water Discharge.
· Prepare a Storm Water Pollution Prevention Plan (SWPPP), to include:
Description of Potential Pollutant Sources.
Storm Water Management Controls.
Howard R, Green Company
O:tProj\725410~ADMIN\PROPOSAk~Agreement-revised.doc Page 5
Visual Inspection Requirements.
Consistency With Other Storm Water Management Programs or Plans.
· Develop storm water monitoring and reporting requirements applicable to landfill
operational activities, including specific requirements for storm water sampling.
· Develop requirements for repot/lng and retention of records.
· Develop a Best Management Practices (BMP) plan, to include:
Site-based local controls plans.
Storage practices (storm water retention basin).
Infiltration practices plan.
Vegetative practices plan.
· Complete the design for storm water run-off structural controls, including storm
water retention basin(s).
· Prepare construction drawings and related Project Manual and Specifications for
storm water retention basin(s) and related improvements for inclusion as a pad of
the construction project for cell FY02.
· Provide services to the City in the form of bid letting assistance and construction
phase assistance as described in I-A above,
· Prepare revisions to and submit revised Development and Operational Plans and
Specifications (DOPS), incorporating the design and construction of storm water
retention basin(s) and related facilities to IDNR.
I1. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
· Items I-A, I-C, I-D will be completed by March 22, 2002.
· Item I-B will be completed by November 1, 2002 or as governed by the
construction schedule.
III. GENERAL TERMS
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color, religion,
sex, national origin, disability, age, marital status, or sexual orientation.
Howard R, Green Company
O:\Proj\725410~ADMIN\PROPOSAL~Agreement-revised.doc Page 6
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, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed up to the time of termination. However, such sums shall not
be greater than the "lump sum" amount listed in Section IV. The City may terminate
this Agreement upon seven (7) calendar days written notice to the Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all Parties
to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be exclusive,
but the Consultant shall have the right to employ such assistance as may be required
for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable request
to the Consultant, The City agrees to furnish all reasonable assistance in the use of
these records and files.
F. It is further agreed that no party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend such meetings of the City
Council relative to the work set forth in this Agreement. Any requests made by the
City shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative to
specific projects covered under this Agreement. In such event, the Consultant shall
not be liable for the City's use of such documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and'drawings, with the
seal of a professional engineer affixed thereto or such seal as required by Iowa law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the City to withhold payment of the
amount sufficient to properly complete the project in accordance with this
Agreement.
K. 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.
Howard R, Green Company
O:\Proj\725410~ADMIN\PROPOSAL~Agreement-revised.doc Page 7
L. Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep mylar reproducible copies for the Consultant's own filing
use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project will
be paid by the City.
N. Upon signing this agreement, Consultant 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.
O. Professional Coverage - The Consultant agrees at all times material to this
Agreement to have and maintain professional liability insurance covering the
Consultant's liability for the Consultant's negligent acts, errors and omissions to the
City in the sum of $1,000,000.
Howard R, Green Company
O:\Proj\725410~ADMIN\PROPOSAL~Agreement-revised.doc Page 8
IV. COMPENSATION FOR SERVICES
Item I-A. Design, Plans and Specifications and Letting of Cell FY02 $105,200
Item I-B. Construction Administration $ 35,000
Item I-C. NPDES Permib'SWPPP $ 18,800
Item I-D. Leachate/Groundwater Drain System $ 19,600
Total Items I-A through I-D $178,600
Payment Schedule:
Consultant shall bill City monthly for services and reimbursable expenses.
Payment shall be due and payable within thirty (30) days of City's receipt of
invoice.
If City fails to make monthly payments due Consultant, Consultant may, after
giving seven (7) days' written notice to City, suspend services under this
Agreement until City has paid in full all amounts due.
MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the generally
accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent upon or
resulting from the execution of this Agreement, that it is the entire Agreement, and that
no other monies or considerations have been solicited.
Title: Mayor Title:
Date: January 8, 2002 Date: //,.
Howard R, Green Company
O:\Proj\725410~ADMI N\PROPOSAL~Ag reernenbrevised.doc Page 9
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., iowa City, IA 52240 (319) 356-5436
RESOLUTION NO. 02-14
RESOLUTION APPROVING THE EXTERIOR SIGNAGE AND FACADE TO
CHINA STAR IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET.
WHEREAS, the applicant, Steve Schmidt of Apex Construction Company, on behalf of China Star
has filed an application for the design approval of the exterior signage and facade of China Star in
the Old Capitol Town Center, hereinafter "Project;" and
WHEREAS, given that the project consists of new construction on an urban renewal parcel that is
subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of the City Code
requiring the Design Review Committee to review and make a recommendation to the City
Council regarding the design of the project; and
WHEREAS, the design review application for the project, a copy of which is on file in the Public
Works Department, Engineering Division, has been reviewed by the Design Review Committee
and after a consensus vote has recommended the design of the project be approved; and
WHEREAS, the design of the project with the above stated conditions is found to conform with all
of the applicable requirements of the Design Review Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The design of the exterior signage and facade of China Star in the Old Capitol Town Center
be approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed
to certify this resolution; and
3. Upon this approval, necessary permits may be issued for the project upon full compliance
with all applicable codes and ordinances.
Passed and approved this 8th day of January ,200 2
ClT'C"GLERK - '"
Resolution No. 02-14
Page 2
It was moved by 0' Donne'i] and seconded by Pfah the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
× O'Donnell
X Pt'ab
X Vanderhoef
X Wilbum
SIGN PRODUCTION & SUPPLY, INC.
Prepared by: Daniel Scott, Senior Engineer, 410 E, Washington St., iowa City, IA 52240 (319)356-5144
RESOLUTION NO. 02-15
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO Al-rEST A CONTRACT FOR
CONSTRUCTION OF THE COURT HILL TRUNK SEWER IMPROVEMENTS
PROJECT.
WHEREAS, Van Hauen & Associates of Clive, Iowa has submitted the lowest responsible bid of
$1,071,000.00 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Van
Hauen & Associates, subject to the condition that awardee secure adequate performance
and payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 8th day of January ,2002.
C'I~LERK ......
It was moved by (;hampion and seconded by 0'Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
× Lehman
X O'Donnell
X Pfab
X Vanderhoef
× Wilburn
pweng\res\vanhauen doc
City of Iowa City 1'5
MEMORANDUM
DATE: December 26, 2001
TO: City Council
FROM: Daniel Scott, Sr. Civil Engineer ~-~
RE: Court Hill Sanitary Sewer Improvements Project
The specifications for this project state that all bids sub~nitted must include three components. A
total cost, a bid bond in the amount of 10% of the total cost and three references of similar work.
We were unable to gather any references for the lowest total cost bidder, but easily acquired the
references for the next lowest total cost bidder. According to the project specifications, ifa
bidder is unable to submit references of similar work, that bid is incomplete and therefore
unacceptable.
Since no references of similar work were submitted for the lowest total cost bidder in accordance
with the project specifications, Public Works and Engineering recommend award of the project to
the lowest acceptable bid which is Van Hauen Associates.
cc: Chuck Schmadeke, Public Works Director
Rick Fosse, City Engineer
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO. 02-13
RESOLUTION RESCINDING RESOLUTION NO, 770 AND RESOLUTION NO. 71-253
TO DISBAND THE PROJECT GREEN "GREEN FUND" AS A CITY FUND,
WHEREAS, on March 19, 1968, the City Council passed Resolution No. 770 that established a "Green
Fund" in order for Project Green to receive donations from citizens and corporations; and
WHEREAS, Resolution 770 also established a Commission, appointed by the Mayor with approval of
the City Council, to manage the Green Fund; and
WHEREAS, on July 6, 1971, the City Council passed Resolution No. 71-253 that established the
purposes of the Green Fund and provided for the management of the Green Fund; and
WHEREAS, on May 17, 2001, Project Green, Inc. filed articles of incorporation with the Iowa Secretary
of State and as of said date is authorized to do business as a corporation under Iowa Code chapter
504A; and
WHEREAS, because Project Green is now a corporate entity that can receive donations and that can
manage its own funds, the City's "Green Fund" and the Project Green Commission are no longer
necessary; and
WHEREAS, Project Green, Inc. has requested the City to disband the Project Green "Green Fund" as a
city fund.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA: that Resolution No. 770 and Resolution No. 71-253 are hereby rescinded.
Passed and approved this 8th day of Jant~r~/ ,2002.
Appro~v~d~by
CIT?'-(;LERK City Attorney's Office
sue\ord&res\ProjectGreenRes doc
Resolution No. 02-13
Page 2
It was moved by Vanderhoef and seconded by Wil burn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
× Lehman
X O'Donnell
X Nab
X Vanderhoef
X Wilbum
REACH NOV 0 5 2001
ENVIRONMENTAL CITY MANAG :tl'S OFFtC
PROj[ OT GREEN
NOW
Civic Center, Iowa City, Iowa 52240
November 2, 2001
To: Council Members, City of Iowa City
From: Anne Hesse, President, Project GREEN
Re: Newly acquired tax-exempt status of Project GREEN
After meeting with Dale }ieliing, Brad Neumann and several City staff members last year, we
realized the necessity of acquiring our owm IRS number as a tax-exempt organization. We
received that tax-exempt status this summer and now wish to request the dissolution of the
GR. EEN Fund Commission established by Resolution No. 71-253.
In our discussion with the above mentioned City personnel, we were reassured that the City will
continue the bookkeeping and investing services for our funds. We greatly appreciate this
assistance!
The goals and purposes of Project GREEN remain the same. We continue to focus our attention
on entryways to Iowa City, the school grounds of the Iowa City Community School District and
other public spaces within the city and county. Our articles of incorporation state our purpose in
general terms: "to promote awareness, protection and improvement of our local environment
and to encourage high standards of design and community appearance." As we begin our 34u'
year of commitment to the beautification and environmental enhancement of Iowa City's public
spaces, our investment in the community totals over one and a half million dollars. We hope to
continue to enhance the quality of life for present and potential citizens of Iowa City.