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HomeMy WebLinkAboutMINUTES - 03272001 - HA.3 ` HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Robert McEwan, Executive Director DATE: March 27, 2001 SUBJECT: PUBLIC HOUSING PET POLICY MANDATED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE QUALITY HOUSING & WORK RESPONSIBILITY ACT OF 1998 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: ADOPT Resolution No. 5006 approving the Public Housing Pet Policy for the Housing Authority of the County of Contra Costa as mandated by the U.S. Department of Housing and Urban Development (HUD) under the Quality Housing &Work Responsibility Act of 1998 and AUTHORIZE execution of this Policy by the Executive Director of the Housing Authority, as recommended by the Advisory Housing Commissioners at their regular meeting held on March 19, 2001. II. FINANCIAL IMPACT: None. III. REASONS FOR RECOMMENDATION/BACKGROUND On July 10, 2000 the U.S. Department of Housing and Urban Development (HUD) issued a notice that requires Public Housing Authorities to adopt a Pet Policy for it's Public Housing Developments under the Quality Housing &Work Responsibility Act of 1998 (QHWRA). This Rule implements pet ownership policies and general requirements for residents of public housing other than public housing developments for the elderly or persons with disabilities. The initial proposed rule dated June 23, 1999 was established under section 526 of the Quality Housing and Work Responsibility Act of 1998 approved October 21, 1998 (referred to as the "Public Housing Reform Act") which added new section 31 ("Pet Ownership in Public Housing") to the United States Housing Act of 1937. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON March 27, 2001 APPROVED AS RECOMMENDED XX OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A =UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED March 27, 2001 JOHN SWEETEN,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY EPUTY H:\judyhmtz\MSOFFICE\WINWORD\BOARD\BO-PET POLICY.doc The initial proposal rule dated April 30, 1999 was established under section 526 of the Quality Housing and Work Responsibility Act of 1998 approved October 21, 1998 (referred to in this rule as "the 1998 Act") which amended the United States Housing Act of 1937. Pursuant to 24 CFR (Code of Federal Regulations), Part 966.3, PHA (Public Housing Agency) shall provide at least thirty (30) days notice to tenants and resident organizations setting forth proposed changes in the lease form used by the PHA, and providing an opportunity to present written comments. Subject to requirements of this rule, comments submitted shall be considered by the PHA before formal adoption of any new lease form. A public hearing was conducted on Tuesday, March 6, 2001 with residents and staff in attendance. Public notice was posted at each housing authority office for public view on January 26, 2001. Please see attached titled "comments". No modifications were made in response to this hearing. Attached for your review and approval is a copy of the Pet Policy and Addendum to Housing Authority of Contra Costa County "Dwelling Lease" which will take effect April 1, 2001 beginning of our Fiscal Year as mandated by HUD. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to adopt Resolution No. 5006 approving the Pet Policy and authorizing execution of this Policy by the Executive Director, the Housing Authority of the County of Contra Costa would not be in compliance with the notice issued by HUD requiring the establishment of the policy. THE BOARD OF COMMISSIONERS HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 5006 ADOPTING RESOLUTION NO. 5006 APPROVING THE "PET POLICY" FOR THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA AND AUTHORIZING EXECUTION BY THE EXECUTIVE DIRECTOR WHEREAS, It is the desire of the Board of Commissioners of the Housing Authority of the County of Contra Costa to provide decent, safe and sanitary housing for its residents; and, WHEREAS, under the Quality Housing and Work Responsibility Act of 1998 and as amended the U. S. Department of Housing & Urban Development requires Public Housing Authorities to establish and implement a "Pet Policy" by April, 2001; and NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Housing Authority of the County of Contra Costa approves the "Pet Policy". PASSED AND ADOPTED ON March 27, 2001 by the following vote of the Commissioners. AYES: SUPERVISORS GIOIA, GERBER, DeSAULNIER, GLOVER AND UILKEMA 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 March 27, 2001 JOHN SWEETEN, CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY 1 H:\judyhmtz\MSOFFICE\WINWORD\BOARD\Pet Policy Res.doc PET POLICY PETS IN CONVENTIONAL PUBLIC HOUSING The HACCC allows for pet ownership in its public housing developments with the written pre-approval of the Housing Authority. Residents are responsible for any damage caused by their pets, including the cost of fumigating or cleaning their units. In exchange for this approval, the resident assumes full responsibility and liability for the pet and agrees to hold the Housing Authority harmless from any claims for damages, caused by the pet. EXCLUSIONS This policy does not apply to animals that are used to assist persons with disabilities. Assistive animals are allowed in all conventional 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 refrain from disturbing their neighbors. APPROVAL Residents must have the prior written approval of the Housing Authority before moving a pet into their public housing unit. Residents must submit a fully completed Authorization for Pet Ownership form before the Housing Authority will review and approve or disapprove the request to have a pet. TYPES AND NUMBER OF PETS The Housing Authority will allow only common household pets as set forth below. Any pet deemed to be potentially harmful to the health or safety of others, including attack or fight trained dogs,will not be allowed. Only two (2) pets per unit, with the exception of A below, are allowed; A. Dog. One dog will be allowed per dwelling unit. No dog may exceed a full grown weight of twenty-five (25) pounds. B. Cat. C. Birds. Birds must be properly caged at all times. D. Fish. Fish must be contained in an aquarium not to exceed 25 gallons in capacity. 1. INOCULATIONS AND LICENSING In order to be approved, pets must be spayed and neutered, appropriately inoculated against rabies, distemper, and other conditions as prescribed by state and/or local ordinances. Pet owners must comply with local licensing ordinances and local public health, animal control, and anti-cruelty laws. A certification signed by a licensed veterinarian or state or local official shall be annually filed with the Housing Authority to attest to the inoculations. PET DEPOSIT AND FEES Any resident who owns or keeps a pet in the dwelling unit will be required to pay for any damages caused by the pet. Removal of any pet-related insect infestation in the pet owner's unit is the financial responsibility of the pet owner. The pet deposit will be $150.00. At the time the Housing Authority approves the pet you may elect to pay the full amount or pay $50 up front with (2) additional monthly installments of$50.00. Should you default in any payment the agreement will be null and void and all monies owing will be due. Unpaid balances will be subject to dwelling lease paragraph 17, sub-paragraph A. This deposit is refundable when the pet or the family vacate the unit, less any amounts owed due to damage beyond normal wear and tear. Resident agrees to participate in a move-out inspection or"pet removal inspection" with the Housing Authority at the time of vacating, the dwelling unit or removal of the pet. If resident fails or refuses to participate in either the move-out inspection or the pet removal inspection, the Housing Authority's written inspection report will be conclusively presumed to be correct. In addition, at the time the Housing Authority approves the pet, a non-refundable fee of$100 will be charged to owners of dogs, cats, and birds. This fee will be used at the time of move-out to cover the cost of spraying the vacated unit for any pet- related insect infestation. NUISANCE OR THREAT TO HEALTH OR SAFETY The pet and its living quarters must be maintained in a manner so as to prevent odors and any other unsanitary conditions in the owner's unit and surrounding areas. Repeated complaints by neighbors to Housing Authority personnel regarding pets disturbing the peace of the neighbors through noise, odor, animal waste, or other nuisance will result in the owner having to remove the pet or vacate the premises. 2. Pets that make noise continuously and/or incessantly for a period of 10 minutes or intermittently for one half hour or more to the disturbance of any person at any time of day or night shall be considered a nuisance. DESIGNATION OF PET AREAS Pets must be kept in the owner's unit or on a leash no more than 6 feet in length at all times when outside the unit. No outdoor cages may be constructed. Pet owners must clean up after their pets and are responsible for properly disposing of pet waste. With the exception of assistive animals, no pets shall be allowed in the community room, community room kitchen, laundry rooms, public bathrooms, lobby, hallways, or offices of any of the Housing Authority properties. To accommodate residents who have medically certified allergic or phobic reactions to dogs, cats, or other approved pets, those pets may be barred from areas adjacent or in close proximity to the affected resident. This shall be implemented based on demand for such accommodation if available. MISCELLANOUS RULES A. Pets may not be left unattended in a dwelling unit for over 24 hours. If the pet is left unattended and no arrangements have been made for its care, the Housing Authority has the right to enter the premises and take the pet to be boarded at a local animal care facility at the total expense of the resident or to call animal control if needed. B. Pet bedding shall not be washed in any common laundry facilities. C. Residents must take appropriate measures to protect their pets from fleas and ticks. D. All dogs must wear a current license tag, as well as a tag bearing the resident's name and phone number and the date of the latest rabies inoculation. E. Pets cannot be kept, bred, or used for any commercial purpose. F. Residents owning cats shall maintain waterproof litter boxes for cat waste. Refuse from litter boxes shall not accumulate or become unsightly or unsanitary. Litter must be placed in a sealed plastic bag and disposed in the dwelling trash receptacle or dumpster. 3. G. A pet owner shall physically control or confine his/her pet during the times when Housing Authority employees, agents of the Housing Authority, or others must enter the pet owner's apartment to conduct business, provide services, enforce lease terms, etc. H. If a pet causes harm to any person, the pet's owner shall be required to permanently remove the pet from the Housing Authority's property within 24 hours of written notice from the Housing Authority and to provide acceptable proof to Housing Authority management of the removal. I. A pet owner who violates any other condition of this policy may be required to remove his/her pet from the development within 10 days of written notice from the Housing Authority. The Housing Authority's grievance procedures shall be applicable to all individual grievances or disputes arising out of violations or alleged violations of this policy. DESIGNATION OF RESPONSIBLE PARTY (EMERGENCY CAREGIVER) Any resident seeking approval under this policy must designate an individual not living in the unit as a responsible party for the pet. Name, address, and telephone number of this emergency caregiver must be on file with the Housing Authority. This person must assume responsibility for the pet in the absence of the pet owner. A signed certification on file with the Housing Authority from the emergency caregiver is required indicating their willingness and acceptance of the responsibilities as an emergency caregiver. Any changes in emergency caregiver must be reported by the pet owner and kept current at all times. REMOVAL OF PETS The HACCC, or an appropriate community authority, shall require the removal of any pet from a project if the pet's conduct or condition is determined by the HACCC or community authority to be a nuisance or threat to the health or safety of other occupants of the project or of other persons in the community where the project is located. In the event of illness or death of pet owner, or in the case of an emergency which would prevent the pet owner from properly caring for the pet, the Housing Authority will call the emergency caregiver designated by the resident or the local pet law enforcement agency to take the pet and care for it until the family or friends would claim the pet and assume responsibility for it. Any expenses incurred will be the responsibility of the pet owner. TERMINATION OF DWELLING LEASE Any violation of this policy may result in termination of the Pet Owner's Dwelling Lease. 4. HOUSING AUTHORITY OF CONTRA COSTA COUNTY Authorization for Pet Ownership Form (Please fill out a form for each pet) Pet Owner's Name: Pet Owner's Address Home telephone: Work Telephone: Pet's Name: Type or Breed: Weight: Sprayed or Neutered?: License or ID Number: Veterinarian Utilized: Address: Phone: Emergency Caregiver for the Pet: Address: Phone: I have read and understand the rules governing pets and I and all members of my household promise to fully comply. Signature of Pet Owner: Date: 200 Approved By: Date: 200 Please attach to this form the following: (Rabies/Distemper) Signed Inoculation Certification by Licensed Veterinarian (Staff Use Only) Installments PET DEPOSIT: $150.00 DATE PAID: 200 NON-REFUNDABLE PET FEE: $100.00 DATE PAID: 200 DATE PAID: 200 Staff Signature: Resident Signature: * 1'$50.00 due when pet approved by Housing Authority ADDENDUM TO HOUSING AUTHORITY OF CONTRA COSTA COUNTY DWELLING LEASE Tenant hereby agrees to the following amendments to his or her Housing Authority Contra Costa County Dwelling Lease: 1. Add as Section 13.Y., the following: To comply with the Authority's Continued Occupancy and Community Service Policy. Tenant understands and agrees that failure to comply totally with said policy shall result in non-renewal or termination of his or her Lease. 2. Delete Section 9. and add as a new Section 9., the following: PETS. Tenant may keep a pet in or about the premises with the written permission of the Authority. Tenant keeping a pet understands and agrees that he or she must comply fully with the Authority's Pet Policy and that failure to comply fully with said policy shall result in non-renewal or termination of his or her Lease. HOUSING AUTHORITY OF TENANT(S) CONTRA COSTA COUNTY By: Signature: Print Name: Print Name: Its: Signature- (Job Title) Print Name: Signature: Print Name: Signature: Print Name: Signature: Print Name: Comments Public Hearing Meeting Pet& Community Service Policy(s). Meeting was conducted on Tuesday, March 6, 2001 in the large conference room at the Housing Authority's Administrative Building located at 3133 Estudillo Street, Martinez. Following are some comments received during the public hearing meeting: Ms. Cathy Matson, Bayo Vista Resident Council Officer asked what exactly was the intent of the Community Service Requirement directive? Mr. Rosario read from the senate report which notes that Community Service is not to be perceived as punishment or demeaning activity, but rather community service should be considered as rewarding activity that will assist residents in improving their own and neighbors' economic and social well-being and give residents a greater stake in their communities. Ms. Matson agreed that it was a good intent. Mr. Mezei, Bayo Vista Resident Council President asked, does the Housing Authority have a self-sufficiency program and did participants need to fulfill the 8 hours per month requirement? Mr. Hodges, Resident Services Manager explained some of the programs that would qualify for self-sufficiency exemption such as ESL (English as a Second Language), GED and Basic Life Skills training. Mr. Tamayo, Deputy Executive Director for Operations, also mentioned that if you were to inquire at social services that there are programs such as CalWorks that would also be considered as qualified self-sufficiency programs. The Pet Policy was then addressed by Mr. Rosario. Mr. Mezei asked if HUD has seen a copy of this policy or is it after the approval by the board. Mr. Rosario answered that once it's been before the Advisory Housing Commission and recommended to the Board of Supervisors for approval, then a copy will be forwarded to HUD. Mr. Booth, Elder Winds Resident Council Vice-President asked if visiting dogs were allowed. Mr. Rosario answered that visiting dogs are not allowed in Housing Authority developments except assistive dogs which has no correlation with this policy. Comments were made by several residents that the $250 pet security deposit and $100 non-refundable fee was too high. In lieu of the comments made regarding the pet security deposit, the pet security deposit has been lowered to $150 with an installment plan and a $100 non- refundable fee for spraying and/or treating the unit after the dog is vacated. Ms. Matson, Bayo Vista Resident Council Officer stated that they needed to start from scratch and that the interest of this policy is everywhere but where it should be. The problem of people who own pets are only being addressed, what about the rights of people who don't own pets? What about dogs leaving waste on lawns, barking and keeping you up all night? Mr. Rosario states that the policy and the lease has a nuisance section and would be enforced accordingly.