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HomeMy WebLinkAboutMINUTES - 06231998 - C148 6 01 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Richard J. Martinez,Executive Director DATE: June 23, 1998 SUBJECT: LEGAL NOTICES TO PUBLIC HOUSING RESIDENTS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: ADOPT Resolution No.4042 revising the Public Housing Policy&Procedures of the Housing Authority based on HUD regulations and staff recommendations. II. FINANCIAL IMPACT: None, III. REASONS FOR RECOMMENDATIONBACK+GROUND The U.S.Department of Housing and Urban Development(HUD)regulations require all Housing Authorities that administer Public Housing Programs to have a Policy and Procedure governing admission and continued occupancy for its Public Housing programs. The policy must set forth the agency's overall approach and objectives for program administration and a description of discretionary policies concerning maintaining,closing and reopening PHA waiting lists,issuing/extending assistance,occupancy standards,selecting tenants,collecting rents,and processing lease terminations,and other administrative practices. The proposed revisions to the policy adopts changes as recommended by staff and authorized by HUD regulations. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to adopt Resolution No.4042,the Mousing Authority would be unable to implement the changes proposed to the Public Housing Policy&Procedures of the Housing Authority. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): &::�i L14d ACTION OF BOARD ON .SUN 2 3 19 APPROVED AS RECOMMENDED /l OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AWES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED_ JUN 2 3 1998 PHIL BATCHELOR,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY DEPUTY Phlglntc.board � 1 THE BOARD OF COMMISSIONERS HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 4042 RESOLUTION REVISING THE LEGAL NOTICES TO PUBLIC HOUSING RESIDENTS WHEREAS,the Contra Costa County Housing Authority("PHA")administers a Public Housing Program;and WHEREAS,the U. S. Department of Housing and Urban Development(HUD) regulations require all Housing Authorities that manage Public Housing to have Policies and Procedures consistent with federal regulations, and WHEREAS,changes in Legal Notices contained in agency policy are included in the revised public Housing Policy and procedures, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing Authority of the County of Contra Costa that the Public Housing Policy& Procedures become effective immediately. PASSED AND ADOPTED ON .lune 23, 1998 by the following vote of the Commissioners. AYES: Connissioners Uilkema, Gerber, DeSaulnier, Canciamill,a, Rogers NOES: None ABSENT: None ABSTAIN: None I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED .Tune 23, 1998 PHIL BATCHELOR,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY � � a.� phiglnR PLEASE PO T TO ALL PUBLIC HOUSING RESIDENTS Important information regarding changes in legal notices Dear Residents: Effective July 1, 1338, the Housing Authority is proposing to implement new Notices for Cause as follows: 1} 14 day Notice to Pay Rent or Quit- No additional 3 day will be served. Family is in default after 14 days. 2) 30 day Notice of Termination of Lease for Failure to Comply with Lease Provisions - No additional 3 day will be served. Family is in default after 30 days. 3) 30 day Notice to Perform Covenant or Quit- No additional 3 day will be served. Family is in default after 30 days. 4) 3 day Notice to Quit (Threat to Health and Safety) - No additional 3 day will be served. Family is in default after 3 days. A public hearing on these proposed changes will be held on In June, 1998. The Housing Authority proposes to start serving the above notices effective July 1, 1998. If there are any questions, contact your Housing Manager. Housing Manager Date alptnoticae+.:hgsatts HOUSING AUTHORITY OF THE COUNTY OF CONTRA.COSTA 3133 ESTUDILLO STREET,P.O. BOX 2759 MARTINEZ,CA.94553 EQ=111-DAY NOTICE TQ PAY REM OR QUIT TO: (Name and address of tenant) And All Other Persons in Possession of the Property RE: Lease dated: Monthly Rental Amount: S NOTICE IS HEREBY GrVEN that,pursuant to the lease by which you hold possession of the above described premises,there is now due and unpaid rent for said premises in the total sum of S_that:became due on the first day of the month(s)of By reason of this failure to pay rent on a timely basis,your tenancy may be terminated pursuant to paragraph 17 of the lease and in accordance with the provisions of Title 24 of the Code of Federal Regulations and applicable Federal and California law. Within fourteen(14)days after service of this notice on you, you are:required to pay the rent now due and unpaid on the premises or to deliver up possession of the premises to the undersigned. Your failure to pay the amount demanded or to deliver up possession of the premises within fourteen(14)days will cause the undersigned to initiate legal proceedings against you without further notice to you to declare forfeiture of the lease, to recover possession of the premises,and to seek judgment for the rent owed through the expiration date of this notice with damages for each day of occupancy after that date, treble damages, costs, and necessary disbursements. You are further notified that the undersigned elects to declare the forfeiture of the lease under which you hold possession of the premises if you fail to pay the rent demanded above. You have the right to request a hearing in accordance with HUD-approved grievance procedure, a copy of which is on file at each Housing Authority office. You have the right to examine Housing Authority documents directly relevant to your eviction. Advice or assistance may be available to you from the Contra Costa Legal Services Foundation. Dated: HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA By A true copy of the foregoing was served on the above-named tenant in the following manner: [ j On , I handed the notice to the tenant. ( j I handed the notice to a person of suitable age and discretion at the tenant's residence on , and sent by first class mail a copy of the notice to the tenant at his/her place of residence on , j ] I was unable to locate the tenant after attempting to do so on severaloccasions, so I posted the notice in a conspicuous place at the tenant's residence on , and sent by first class mail a copy of the notice to the tenant at his/her place of residence on , Declared under penalty of perjury on , at , California Signature hAfbenttpsa\14-daympd HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 3133 Estudillo Street,P.O.Box 2759" Martinez,CA 94553 TMRTY-D AY NQ110E bF TEg„tvt„ INATIQN QF LEASE EM FAILUETO CQMPLY=LEASE SPR=SMN5 TO: (Name and address of tenant) And All Other Persons in Possession of the Property NOTICE IS HEREBY GIVEN that you have committed serious and/or repeated violations of material terms of the lease under which you hold possession of the above-described premises in that you have failed to comply with the conditions and/or covenants of the lease as set forth on Attachment A,which is attached hereto and incorporated herein. By reason of this failure to comply with the terms of the lease,your tenancy is being terminated pursuant to paragraph 17 of the lease and in accordance with the provisions of Title 24 of the Code of Federal Regulations and applicable Federal and California law. Within thirty(30)days after service of this notice on you,you are required to quit and deliver up possession of the premises to the undersigned. If you do not vacate the premises by the end of the thirty(30)-day period, legal proceedings will be instituted against you without ftiurther notice to you to declare forfeiture of the lease,to recover possession of the premises, and to seek judgment against you for rent owed through the expiration date of this notice with damages for each day of occupancy after that date, treble damages,costs,and necessary disbursements. You are ftiuther notified that the undersigned elects to declare the forfeiture of the Lease under which you held possession of the premises. You have the right to request a hearing in accordance with the HUD-approved grievance procedure, a copy of which is on file at each Housing Authority office. You have the right to examine Mousing Authority documents directly relevant to your eviction. Advice or assistance may be available to you from the Contra Costa Legal Services Foundation. Dated: HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA By: A copy of the foregoing was served on the above-named tenant in the following manner: [ j On , I handed the notice to the tenant. [ j I handed the notice to a person of suitable age and discretion at the tenant's residence on , and sent by first class mail a copy of the notice to the tenant at his/her place of residence on , [ ] I was unable to locate the tenant after attempting to do so on several occasions,so I posted the notice in a conspicuous place at the tenant's residence on I , and sent by first class mail a copy of the notice to the tenant at his/her place of residence on , Declared under penalty of perjury on at , California. Signature h Agmupmstaf t\30cause HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 3133 Estudillo Street,P.U.Box 2759 Martinez,CA 94553 TIS"-DAY NQnCE IQ EERI RCaVENANT..OR QM TO: (Name and address of tenant) And All Other Persons in Possession of the Property. NOTICE IS HEREBY GIVEN that you have committed serious and/or repeated violations of material terms of the lose under which you hold possession of the above-described premises in that You have failed to comply with the conditions and/or covenants of the lease as set forth on Attachment A,which is attached hereto and incorporated herein. Because of this failure to comply with the terms of the lease,your tenancy may be terminated pursuant to paragraph 17 of the lease and in accordance with the provisions of Title 24 of the Code of Federal Regulations and applicable Federal and California law if you do not comply with the conditions and/or covenants of the lease as required on Attachment A. Within thirty(30)days after service of this notice on you, you are required to comply with the conditions and/or covenants of the lease as described on Attachment A or to quit and deliver up possession of the premises to the undersigned,and the undersigned hereby elects to declare the lease forfeited. If you do not comply with the conditions and/or covenants of the lease as required on Attachment A or vacate the premises by the end of thirty(30)-day period, legal proceedings will be instituted against you without further notice to you to declare forfeiture of the lease, to recover possession of the premises,and to seek a judgment against you for rent owed through the expiration date of this notice with damages for each day of occupancy after that date,treble damages,costs,and necessary disbursements. You have the right to request a hearing in accordance with the HUD-approved grievance procedure, a copy of which is on file at each Housing Authority office. You have the right to examine Housing Authority documents directly relevant to your eviction. Advice or assistance may be available to you from the Contra Costa Legal Services Foundation. Dated: HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA By: A copy of the foregoing was served on the tenant in the following manner: [ ] On , I handed the notice to the tenant. [ ] I handed the notice to a person of suitable age and discretion at the tenant's residence on and sent by first class mail a copy of the notice to the tenant at his/her place of residence on [ ] I was unable to locate the tenant after attempting to do so on several occasions, so I posted the notice in a conspicuouslace at the tenant's residence on , and sent by first class mail a copy of the notice to the tenant at his/her place of residence on Declared under penalty of perjury on , at , California. Signature'. h:\fent\psa\30perfrtn HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 3133 Estudillo Street,P.O.Box 2759 Martinez,CA 94553 IHME-DAY NOTICE IQ IiT (Threat to Health and Safety) TO: (Name and address of tenant) And All Other Persons in Possession of the Property. NOTICE IS HEREBY GIVEN that,pursuant to paragraph 17 of the lease and in accordance with the provisions of Title 24 of the Code of Federal Regulations and applicable Federal and California law,within three(3)Clays after service on you of this notice,you are required to quit and deliver up possession of the above-described premises to the undersigned or legal proceedings will be commenced against you without mer notice to you. Your failure to deliver up possession of the premises within three(3) days will cause the undersigned to initiate legal proceedings against you to declare a forfeiture of the lease,to recover possession of the premises, and to seek a judgment against you for rent owed through the expiration date of this notice with damages for each day of occupancy after that elate,treble damages, costs,and necessary disbursements. You are further notified that the undersigned elects to declare the forfeiture of the lease under which you hotel possession of the premises. The reason for this notice and termination of your tenancy is that you are in breach of the lease as set forth in Attachment A, which is attached hereto and incorporated herein. You have the right to request a hearing in accordance with the HUD-approved grievance procedure, a copy of which is on file at each Housing Authority office. You have the right to examine Housing Authority documents directly relevant to your eviction. Advice or assistance may be available to you from the Contra Costa Legal Services Foundation. Dated: HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA By: A copy of the foregoing was served on the tenant in the following manner: ] On , t handed the notice to the tenant. [ I handed the notice to a person of suitable age and discretion at the tenant's residence on , and sent by first class mail a copy of the notice to the tenant at his/her place of residence on [ ] l was unable to locate the tenant after attempting to do so on several occasions, so 1 posted the notice in a conspicuous place at the tenant's residence on , and sent by first class mail a copy of the notice to the tenant at his/her place of residence on Declared under penalty of perjury on , at , California. Signature h:\gaups\staflt3 dathrts