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HomeMy WebLinkAboutMHA 09/01/2021RECEIVED Minutes of the Regular Meeting -of the MahSieJ�K':CFFICE Housing Authority held via GoToMeetf [on- i A ii: 49 Wednesday, September 1, 2021, at 7:00 Pm, T.Q. The Members of the Mansfield Housing.Authority met in Regular'Se'swon in I person and by video conference at 7:00 PM. The Meeting was called to order by Chairman Kevin Doyle at 7:03 PM and upon roll call, those present and absent were as follows: Present: Absent: Kevin Doyle Olivier Kozlowski Debra Tatum William Snyder Mary Kate Flynn Also present was the Executive Director, Andrea McDougall and 2 residents who attended remotely. A copy of the Notice of Meeting, pursuant to Section 23A of Chapter 39 of the General Laws, with the Certificate as to Service of Notice of Meeting attached thereto was read and ordered spread upon the Minutes of the Meeting and filed for record. NOTICE OF MEETING Notice is hereby given in accordance with Section 23A of Chapter 39 of the General Laws that a Meeting of the Mansfield Housing Authority will be held online via GoToMeeting at 7:00 PM on September 1, 2021. CERTIFICATE AS TO NOTICE OF MEETING (Section 23A, Chapter 39, General Laws) 1, the undersigned, the duly appointed qualified Executive Director of the Mansfield Housing Authority do hereby certify that on August 25, 2021 1 caused to be filed, in the manner provided by Section 23A, Chapter 39, General Laws, with the Clerk of the Town of Mansfield, Massachusetts, a Notice of Meeting of which the foregoing is a true and correct copy. IN TESTIMONY HEREOF, I have set my hand this 6m day of September 2021. A Motion was made by Ms. Flynn and seconded by Ms. Tatum to Approve Warrant #398 in the. amount of $285,992.54. Upon Vote the Motion passed by a Vote of 3 to 0. A Motion was made by Ms. Flynn and seconded by Ms. Tatum to Approve Warrant #399 in the amount of $256,451.91. Upon Vote the Motion passed by a Vote of 3 to 0. A Motion was made by Ms. Flynn and seconded by Ms. Tatum to approve the Minutes of the June 2, 2021, Regular Board Meeting. Upon Vote, the Motion passed by a Vote of 3-0. A Motion was made by Ms. Flynn and seconded by Ms. Tatum to accept the Executive Director's Report and the Resident Service Coordinator's Report. Upon Vote, the Motion passed by a Vote of 3 to 0. A Motion was made by Ms. Flynn and seconded by Ms. Tatum to Approve of the Balance Sheets as of May 31, 9 Upon Vote,,the Motion Passed by a Vote of 3-0. A Motion was made by Ms. Flynn and seconded by Ms. Tatum to approve the Proposed 2022 Section 8 Payment Standards. Upon Vote, the Motion Passed by a Vote of 3-0. A Motion was made by Ms. Flynn and seconded by Ms. Tatum to approve the Amended Executive Director's Contract. Ms. McDougall stated that the DHCD wanted the hazard pay added to the Rider as a special provision. And that the Board Certification for the Budget Revision needed to be approved for submission. Upon Vote, the Motion Passed by a Vote of 3-0. Ms. Flynn moved that the proposed Operating Budget for State -Aided Housing of the Mansfield Housing Authority (Chapter 200/667/7705/689/MRVP), Program Number 400-1 for fiscal year ending 9/31/2021 showing total revenue of $926,264.00 (acct. No. 3000) and Total Expenses of $926,624.00 (acct. No. 4000) thereby requesting a subsidy of $142,400.00 (Account No. 3801), and further that the Executive Director's total annual salary of $105,516.00 for fiscal year ending 9/30/2021 be submitted to the Department 5 Upon Vote, the Motion Passed by a Vote of 3-0. The Policy is as follows: Mansfield Housing Authority Reasonable Accommodation/Modification Policy and Procedures Contents INTRODUCTION.......................................................................................................................... 7 PARTA: POLICY ............. ....... :..................................................................................................... 8 SECTION1. DEFINITIONS...................................................................................................... 8 SECTION2. POLICY STATEMENT....................................................................................... 9 SECTION3. PURPOSE ....... :..................................................................................................... 9 SECTION4. AUTHORITY....................................................................................................... 9 SECTION 5. MONITORING AND ENFORCEMENT...........................................................10 SECTION 6. GENERAL PRINCIPLES FOR PROVIDING REASONABLE ACCOMMODATIONS/MODIFICATIONS...........................................................................10 SECTION7. AMENDMENTS..............................................................................................1.12 :.SECTION8. STAFF TRAINING............................................................................................12 ..................................... PART B: PROCEDURES ........ :.............................................. .......... ...... 12 PROCEDURE 1 - COMMUNICATION WITH APPLICANTS AND RESIDENTS.............12 PROCEDURE 2 - SEQUENCE FOR MAKING DECISIONS...............................................13 PROCEDURE 3 -GUIDELINES FOR DETERMININNG REASONABLENESS ................ 14 ATTACHMENTS: ........................................................................................................................ 15 Request for Reasonable Accommodations/Modifications........................................................18 You can give us more information by [providing the attached Verification of Disability by Physician or Other Professional for Reasonable Accommodation/Modification Request form or by other information demonstrating the disability -related need for yourrequest].............................................................................................................................19 Verification of Disability by Physician or Other Professional ................................................. 20 for Reasonable Accommodation/Modification Request........................................................... 20 INTRODUCTION This Reasonable Accommodation/Modification Policy and Procedures, comprised of Part A and Part B, sets forth the policy and procedures of the Mansfield Housing Authority (the "LHA") regarding making reasonable accommodations and reasonable modifications 7 SECTION 2. POLICY STATEMENT The LHA is committed to ensuring that its policies and practices do not deny individuals with disabilities the equal opportunity to access, participate in, or benefit from, the LHA's housing services, programs, and facilities, nor otherwise discriminate against individuals with disabilities in connection with the operation of the LHA's housing services or programs. Therefore, if an individual with a disability requires a reasonable accommodation, i.e., a change to its rules, polices, practices, or services, or a reasonable modification, i.e., a physical alteration to a housing unit or public or common use area, the LHA will provide such a reasonable accommodation/modification, unless doing so would result in a fundamental alteration to the nature of the program or an undue financial and administrative burden. In such a case, the LHA will engage in an interactive process with the individual or person acting on the individual's behalf to make another accommodation/modification that would not result in a fundamental alteration or financial and administrative burden. SECTION S. PURPOSE 3.1 This Policy is intended to: (a) communicate the LHA's position regarding reasonable accommodations/ modifications for persons with disabilities in connection with the LHA's housing programs services, and policies; (b) establish a procedural guide for implementing such Policy; and (c) comply with applicable federal, state and local laws to ensure accessibility for persons with disabilities to housing programs, benefits and services administered by the LHA. SECTION 4. AUTHORITY 4.1 The requirements of this Policy are based upon the following statutes and regulations: (a)Section 504 of the Rehabilitation Act of 1973, as amended ("Section 504"), and implementing regulations at 24 CFR part 8, which prohibit discrimination on the basis of disability status by recipients of federal financial assistance; (b)The Fair Housing Act ("FHA"), as amended, which prohibits discrimination in the sale, rental and financing of dwellings on the basis of disability and other protected classes. Reasonable accommodation requirements are further clarified under The Joint Statement of the Department of Housing and Urban Development and the Department of 0 communication. The Request for Reasonable Accommodations/Modifications form is designed to assist the LHA and our applicants/residents. If an applicant/resident does not, or cannot use the Request Form, the LHA will still respond to the request for an accommodation/modification. The applicant/resident may also request assistance with the Request Form, or may request that the Request Form be provided in an equally effective format or means of communication through auxiliary aids and services. '(i) Some examples of auxiliary aids and services include the following: qualified interpreters, printed material, telecommunications products and systems including text telephones (TTYs), assistive listening devices, or other effective methods of making aurally delivered materials available to persons who are deaf or hard of hearing; qualified readers, taped texts, audio recordings, materials written in Braille, large print materials, or other effective methods of making visually delivered materials available to individuals who are blind or have low vision. (d) If the accommodation/modification is reasonable, the LHA will grant it. (e) In accordance with Procedure 3 below, the LHA will grant the request for a reasonable accommodation/modification only to the extent that an undue financial and administrative burden or fundamental alteration to the nature of the program is not created thereby. A "fundamental alteration" is a modification that alters the essential nature of a provider's operations (e.g., a request for a service such as a transportation service that the LHA does not provide under its program). The LHA will make a determination of undue financial and administrative burden on a case -by -case basis, involving various factors, such as the cost of the reasonable accommodation/modification, the financial resources of the LHA, the benefits the accommodation/modification would provide to the requester, and the availability of alternative accommodations/modifications that would adequately meet the requester's disability —related needs. The LHA will also grant reasonable modifications in accordance applicable laws, including G.L. c. 151B § 4(7A) with respect to reasonable modifications that are at the expense of owners in publicly assisted housing. The LHA will also set -aside and consult resources for its state -aided public housing in accordance with PHN 2011-13. (f) All written documents required by or as a result of this Policy must contain plain language and be in appropriate alternative formats in order to communicate information and decisions to the person requesting the accommodation/modification. (g) Any in -person meetings with a person with mobility impairments will be held in an accessible location. Reasonable accommodations will also be made to meet the person's disability -related needs, including through telephonic or remote meetings, as well as through requested auxiliary aids or services, to 11 The Verification of Disability by Physician or Other Professional for Reasonable Accommodation/Modification Request form ("Verification for Reasonable" Accommodation/Modification Request Form") is attached to this Policies and Procedures as Attachment 4. -4. The LHA will approve or deny the request as soon as possible, but not later than thirty (30) days after receiving all needed information and documentation from the resident. All decisions to grant or deny reasonable accommodations/modifications will be communicated in writing or if required, in an alternative format to communicate the decision to the applicant/resident. Exceptions to the thirty (30) day period for notification of the LHA's decision on the request should be provided to the resident in writing setting forth the reasons for the delay. A copy of each of the Letter Denying Request for Reasonable Accommodation/ Modification and the Letter Approving Request for Reasonable Accommodation/ Modification is attached to this Policy and Procedure as Attachment 5 and Attachment 6, respectively. 5. The LHA will maintain its offices written materials which summarize this Policy and highlights the Procedures for making a request for reasonable accommodation/modification. PROCEDURE 2 - SEQUENCE FOR MAKING; DECISIONS STEP 1. Is the applicant/resident a qualified "individual with a disability'? (a) If NO, the LHA is not obligated to make a reasonable accommodation/modification; therefore, the LHA may deny the request. (b) IF YES, proceed to Step 2. (c) If more information is needed, the LHA will seek additional information as appropriate through the standard Request for Information letter, the standard Request for Meeting letter, and/or other equally effective method of communication (a copy of the Request for Meeting letter is attached to this Policy and Procedures as Attachment 7). STEP 2. Is the requested accommodation/modification related to the disability? (a) If NO, the LHA is not obligated to make the accommodation/modification; therefore, the LHA may deny the request. (b) If YES, proceed to Step 3. (c) If more information is needed, the LHA will seek additional information as appropriate through the standard Request for Information letter, the standard Request for Meeting letter, and/or other equally effective method of communication STEP 3. Is the requested accommodation reasonable? This determination will be made by following PROCEDURE 3 - GUIDELINES FOR DETERMINING REASONABLENESS, below. (a) If YES, the LHA will approve the request for reasonable accommodation/ modification. A written description of the accommodation/modification will be prepared and included in the Letter Approving Request for Reasonable Accommodation/Modification. 13 recent history of overt acts, the LHA will take into account circumstances; such as intervening treatment or medication, that have eliminated the direct threat (I. e., a significant risk of substantial harm). 5. Verification. The LHA may generally verify a person has a disability only to the extent necessary to determine that the person: is qualified for the housing for which they are applying, is entitled to any disability -related preference or benefit they may claim; or has a disability -related need for a requested accommodation/modification in order to have an equal opportunity to enjoy the housing and/or participate in or benefit from the LHA's activities, programs, or services. In response to reasonable accommodation/modification requests, the LHA may not require verification of disability if the disability is obvious or otherwise know. The LHA also may not ask what the disability is or require specific details as to the disability. The LHA may require documentation of the disability -related need (i.e., information showing that there is a relationship or nexus between the requested accommodation/modification and the individual's disability or effects of the disability), unless such need is obvious or otherwise known. The LHA may not otherwise inquire into the nature or severity of the disability, require access to confidential records, or require specific types of evidence of disability or disability -related need. 6. Confidentiality. Information provided to the LHA in relation to a reasonable accommodation/modification request will be kept confidential and will not be shared with other persons unless they need the information to make or assess a decision to grant or deny a reasonable accommodation/modification request or unless disclosure is required by law. 7. Additional Procedures: Applicant Appeals and Tenant Grievances For programs subject to 760 CMR 5.08(2) and/or 760 CMR 6.03 & 6.08 When an LHA determines that an applicant may be disqualified for housing because of a lease violation at a prior tenancy or other disqualifying conduct, if the applicant shows that the lease violation or disqualifying conduct was due to a disability, then these facts shall be considered by the LHA as mitigating circumstances pursuant to 760 CMR 5.08(2). Disability -related circumstances relating to a lease violation may also be presented by or on behalf of a resident with a disability as part of the grievance process pursuant to 760 CMR 6.03 & 6.08. For example, a tenant may demonstrate that a lease violation arose from a disability and that some circumstance has changed, and/or some reasonable accommodation could be provided, making the conduct unlikely to recur. Such circumstances may also be presented separately through a reasonable accommodation request (e.g., a request to forego eviction) independent of the grievance process. Tenants may also grieve LHA responses or inaction with respect to a reasonable accommodation/modification request through the grievance process pursuant to 760 CMR 6.03 & 6.08. ATTACHMENTS: 15 Attachment 1: Notice of Availability of Reasonable Accommodations/Modifications Notice to All Applicants and Residents: Reasonable Accommodations and Modifications are Available for Applicants and Residents with Mental and/or Physical Disabilities Local Housing Authority (LHA) does not discriminate against applicants or residents on the basis of mental (including psychiatric) or physical disabilities. In addition, the LHA has an obligation to provide "reasonable accommodations" and "reasonable modifications" on account of a disability if a applicant or resident or a household member is limited by the disability and for this reason needs such an accommodation or modification. A reasonable accommodation is a change that the LHA can make to its rules, policies, practices, or services, and a reasonable modification is a change an LHA can make to its facilities (including physical alterations to the housing unit or public or common use areas) that will assist an otherwise eligible person with a disability to have equal opportunity to use and enjoy the housing or common or public use areas or to participate fully in the LHA's programs, activities, or services. Such changes may not be reasonable if they are not financially and programmatically feasible for the housing authority. An applicant or resident household which has a member with a mental and/or physical disability must still be able to meet essential obligations of tenancy (for example, the household must be able to pay rent, to care for the apartment, to report required information to The LHA, and to avoid disturbing neighbors), but an accommodation or modification may be the basis by which the household is able to meet those obligations of tenancy. The LHA has an Accommodation Coordinator. If you need an accommodation or modification because of a disability, please complete the attached form and return it to the LHA. Upon reasonable request by the LHA, you must also submit documentation verifying the existence of a disability and the disability -related need for the accommodation or modification. Within thirty (30) calendar days of receipt of your request and documentation, the Accommodation Coordinator will contact you to discuss what the LHA can reasonably do to provide you an accommodation or modification on account of your disability. If you or a member of your household has a mental and/or physical disability, and as a result needs an accommodation or modification, you, the household member, or authorized representative, may request it at any time. However, you are not obliged to make such a request, and if you prefer not to do so that is your right. 17 Attachment 3 — Request forInformation or Verification MANSFIELD HOUSING AUTHORITY 2213icentennial Court Mansfield, MA 02048 Date: To: Dear Applicant or Resident: We have received your request for a reasonable accommodation[modification]. We need to know more about [the disability -related need for your request] [explain issue, simply and clearly stated] before we can decide whether to approve your request. We need to know more because [provide reason, simple and clearly stated]. You can give us more information by [providing the attached Verification of Disability by Physician or OtherProfessional for Reasonable Accommodation/Modification Request form or by other information demonstrating the disability -related need for your request]. If this is a problem for you, please reach out to our office and so that alternative methods of providing the information may be made available to you. We will not make a decision on your request for reasonable accommodation/modification until we have this new information. If you think that you have given us this information, or if you think that we should not ask for this information, please call us at (508)339-6890, or email us at housingauthority@mansfieldhousing.com 19 The following proposed reasonable accommodation(s)/reasonable modification(s) to provide the applicant/resident equal opportunity to use and enjoy the LHA's housing, programs, etc. is (are) under consideration by the LHA: THE FOLLOWING TO BE COMPLETED BY PHYSICIAN (OR OTHER PROFESSIONAL): 1. Based upon your knowledge, does the above -named applicant/resident have a physical or mental impairment which substantially limits one or more major life activities,* or, do you have a record(s) of such an impairment for the above -named applicant/resident? Circle the appropriate answer: Yes / No *Note: Determination of whether a physical or mental impairment substantially limits a major life activity is to be made without regard to the ameliorative effects of mitigating measures (e.g., assess substantial limitation of a major life activity, including the operation of a major bodily function, without considering the benefit of medication, assistive devices, etc., to the individual). Furthermore, an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. 2. Does the applicant/resident have a disability -related need for the abovementioned reasonable accommodation(s)/ reasonable modification(s) based on the physical or mental impairment? Please explain* your response. *Note: please only provide information that demonstrates there is a relationship between a disability verified by a `yes" response to question 1 above and the need for the proposed reasonable accommodation/modification. Please do not otherwise provide information as to the nature or severity of the disability. 3. Other comments (please do not provide information that is not directly relevant to the reasonable accommodations)/reasonable modification(s)): 21 Attachment 5 — Letter Denying Request for Reasonable Accommodation/Modification MANSFIELD HOUSING AUTHORITY 2213icentennial Court Mansfield, MA 02048 Date: To: Dear Applicant or Resident: We have denied your request for a reasonable accommodation[modification] for the following reasons: [list legal reason (e.g., undue administrative and financial burden to the LHA) simply and clearly stated]. If you have any questions or disagree with this decision and believe you can provide the LHA with additional information as to why the requested accommodation should be approved, please contact us at (508) 339-6890 or housingauthority@mansfieldhousing.com Regards, ►�C] MANSFIELD HOUSING AUTHORITY 2213icentennial Court Date: Mansfield, MA 02048 To: . Dear. Applicant or Resident: We have received your request for a reasonable accommodation dated [xx/xx/xxxx]. It would help us make our decision if we could meet with you. You are entitled to bring someone to assist you at the meeting. We would like to meet on [date, time, place] [include remote meeting and telephonic meeting options as an alternative to an in -person meeting]. If you cannot come at that time, please call us at [(xxx) xxx-xxx] and we can find a mutually agreeable date and time. We will talk about [describe issue, simply and clearly] at this meeting. Please come ready to talk to us about the changes you want. Please bring copies of any information that you would like to provide us. We look forward to meeting with you. If you have questions, or if you need any accommodations for this meeting, please contact (508) 339-6890 or housingauthority@mansfieldhousing.com Regards, 25 The Chairman referred to Agenda Item #14 Correspondence A. The Executive Director provided the Board of Commissioners with a letter from the DHCD regarding the Resident Service Coordinator Initiative Funding. Ms. McDougall stated that the state has provided the Mansfield Housing Authority with $10,000.00 in additional funding to regionalize the Resident Service Coordinator, so as to provide Resident Service to the Plainville Housing Authority Residents. B. The Board received a copy of the Letter from Marcum LLP regarding the completed HUD audit. Ms. McDougall stated that the letter finalized the 2020-year end Federal audit, and they produced no findings, C. The Board received a copy of the Letter from Gary L. DePace CPA, PC reflecting no findings in the state audit completed for the 2020 Fiscal year end. The Chairman referred to Agenda Item #10 Questions and Comments Ms. McDougall said that there had been an issuance of State guidance PHN 2021-18 on the COVID Delta variant. A Motion was made by Mr. Doyle and seconded by Ms. Tatum to table the discussion surround PHN 2021-18 until the October 6, 2021, Regular Board Meeting. Ms. Flynn asked if the Executive Director felt that this needed more immediate attention from the Board and Ms. McDougall agreed that it would be appropriate to wait until the October Board Meeting. Upon Vote, the Motion Passed by a Vote of 3-0. There being no further business to come before the Board, a Motion was made by Ms. Flynn and seconded by Ms. Tatum to Adjourn at 7:21 PM. Upon Vote, the Motion passed by a Vote of 3 to 0. on jOctober 6, 2021 - Board of Commissioners: �/''�