HomeMy WebLinkAboutMHA 09/07/2022Minutes of the Public Hearing of the Proposed Annual Plan
and Regular Meeting of the Mansfield Housing Authority
held at 22 Bicentennial Court and via GoToMeeting on
Wednesday, September 7, 2022, at 7:00 PM
The Members of the Mansfield Housing Authority met in Regular Session in person
and by video conference at 7:00 PM.
The Meeting was called to order by the Chairman, Kevin Doyle at 7:00 PM and upon
roll call, those present and absent were as follows:
Present: Absent:
Kevin Doyle
Olivier Kozlowski
Kenneth Tucker
Mary Kate Flynn
William Snyder
Also present was the Executive Director, Andrea McDougall, 4 residents and 1
remote caller.
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 7, 2022.
CERTIFICATE AS TO NOTICE OF MEETING
(Section 23A, Chapter 39, General Laws)
I, the undersigned, the duly appointed qualified Executive Director of the Mansfield
Housing Authority do hereby certify that on September 1, 2022, 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 151h day of September 2022.
Andrea McDougall, cutive Director & Acting Secretary
The Chairman requested Commissioner Kozlowski to lead the group in the
Pledge of Allegiance.
The Chairman referred to Agenda Item #1. Reorganization of the Board.
Ms. Flynn nominated Kevin Doyle for the position of Chairman; Mr. Snyder
seconded the nomination.
Mr. Kozlowski nominated William Snyder for the position of Chairman there was no
second for the nomination.
There were no other nominations for Chairman, and it was
Voted 4-1 to elect Kevin Doyle to the position of Chairman.
The Chairperson asked for nominations for the position of Vice -Chairman.
Ms. Flynn nominated William Snyder for the position of Vice -Chairman; Mr. Tucker
seconded the nomination.
There were no other nominations for Vice -Chairman, and it was
Voted 5-0 to elect William Snyder to the position of Vice -
Chairman.
The Chairperson asked for nominations for the position of Treasurer.
Mr. Snyder nominated Mary Kate Flynn for the position of Treasurer; Mr. Tucker
seconded the nomination.
There were no other nominations for Treasurer, and it was
Voted 5-0 to elect Mary Kate Flynn to the position of Treasurer.
The Chairperson asked for nominations for Assistant Treasurer.
Mr. Kozlowski nominated Kenneth Tucker for the position of Assistant Treasurer;
Ms. Flynn seconded the nomination.
There were no other nominations for Assistant Treasurer, and it was
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Voted 5-0 to elect Kenneth Tucker to the position of Assistant
Treasurer.
The Chairman referred to Agenda Item #2, Approval of Warrant #410 for the
Month of June 2022 in the amount of $352,926.05.
A Motion was made by Ms. Flynn and seconded by Mr. Tucker
to Approve Warrant #410 for the Month of June 2022 in the
amount of $352,926.05.
Upon Vote, the Motion passed by a Vote of 5 to 0.
A Motion was made by Ms. Flynn and seconded by Mr.
Kozlowski to Approve Warrant #411 for the Month of July 2022
in the amount of $271,500.90.
Upon Vote, the Motion passed by a Vote of 5 to 0.
A Motion was made by Ms. Flynn and seconded by Mr.
Kozlowski to Approve Warrant #412 for the month of August
2022 in the amount of $392,086.70.
Upon Vote the Motion passed by a Vote of 5 to 0.
A Motion was made by Mr. Tucker and seconded by Mr.
Kozlowski to approve the Minutes of the June 1, 2022, Public
Hearing and Regular Board Meeting.
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Mr. Kozlowski asked for the minutes be modified on page #2 of the draft minutes .
Mr. Kozlowski pointed out a sentence in the second paragraph that read "She
informed Mr. Kozlowski and the Board..." and Mr. Kozlowski asked for it to clarify
who "she" referenced. The Executive Director agreed to make the change to read
"The Executive Director informed Mr. Kozlowski and the Board...".
Upon Vote the Motion passed by a Vote of 5 to 0.
A Motion was made by Mr. Tucker and seconded by Ms. Flynn
to accept the Executive Director's Report and Resident Service
Coordinator Report.
Upon Vote, the Motion passed by a Vote of 5 to 0.
A Motion was made by Ms. Flynn and seconded Mr. Kozlowski
to Approve of the Balance Sheets and Financial Reports as of
May 31, 2022, as Prepared by the Fee Accountant.
The Board of Commissioners reviewed the financial statements provided by the Fee
Accountant.
Upon Vote, the Motion passed by a Vote of 5 to 0.
A Motion was made by Ms. Flynn and seconded Mr. Tucker to
Approve of the Balance Sheets, Quarterly Financial Reports,
and Quarterly Modernization Reports as of June 30, 2022, as
Prepared by the Fee Accountant.
The Board of Commissioners reviewed the financial statements provided by the Fee
Accountant.
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Upon Vote, the Motion passed by a Vote of 5 to 0.
A Motion was made by Ms. Flynn and seconded Mr. Tucker to
Approve of the Balance Sheets and Financial Reports as of
July 31, 2022, as Prepared by the Fee Accountant.
The Board of Commissioners reviewed the financial statements provided by the Fee
Accountant.
Upon Vote, the Motion passed by a Vote of 5 to 0.
#167095.
A Motion was made by Ms. Flynn and seconded Mr. Snyder to
Approve of the Certificate of Substantial Completion for the
Hawthorne Court Window Replacement Project #167095.
Upon Vote, the Motion passed by a Vote of 5 to 0.
A Motion was made by Ms. Flynn and seconded Mr. Tucker to
Approve Change Order #1 for the Pine Needle Emergency
Deck Replacement Project #167099. In the amount of
$221165.93.
Upon Vote, the Motion passed by a Vote of 5 to 0.
s
A Motion was made by Mr. Tucker and seconded Mr.
Kozlowski to Approve the Fair Housing Marketing Plan.
Mr. Kozlowski asked if the implementation was required by the State or Federal
guidelines. Ms. McDougall stated that the DHCD required the Marketing Plan and
the Reasonable Accommodation is required to put this plan as policy and that the
Plan had been written by the DHCD and submitted to all Housing Authorities for their
use.
Upon Vote, the Motion passed by a Vote of 5 to 0.
The Mansfield Housing Authority Fair Housing Marketing Plan is as follows:
MANSFIELD HOUSING AUTHORITY
FAIR HOUSING MARKETING PLAN
Approved by the Board of Commissioners on September 7.2022
The Mansfield Housing Authority ("LHA"), its Board, and staff are responsible for
implementing federal and state civil rights laws that affect the admission, occupancy, and
procurement of services for the LHA. When developing, marketing, or leasing units, the
following Fair Housing Marketing Plan applies.
I. FEDERAL FAIR HOUSING LAWS
A. The Fair Housing Act (Title VIII of the Civil Rights Act of 1968)
i. As amended, prohibits discrimination in the sale, rental, and financing of
dwellings based on race, color, religion, sex, familial status, national
origin, or disability.
B. Title VI of the Civil Rights Act of 1964
i. Prohibits discrimination based on race, color, or national origin in any
program or activity receiving federal financial assistance.2
C. Age Discrimination Act of 1975
i. Prohibits discrimination based on age in any program or activity receiving
federal financial assistance.
ii. Exceptions may apply when age is used as part of criterion for a program
that has a statutory age limit, or is otherwise statutorily authorized.
' This is not intended to be an exhaustive list. A brief summary is provided for each law. To access the full text
of a particular law, click the embedded URL.
2 "Program or activity" under Title VI, Section 504 of the Rehabilitation Act, and the Age Discrimination Act
noted above means "all the operations" of the covered recipient of federal financial assistance.
D. Section 504 of the Rehabilitation Act of 1973
i. As amended, prohibits discrimination against persons with disabilities in
any program or activity receiving federal financial assistance.
E. Title II of the Americans with Disabilities Act
i. Prohibits discrimination against person with disabilities in all services,
programs, and activities of state and local public entities.
F. The Architectural Barriers Act of 1968
i. Requires buildings and facilities that are constructed by or on behalf of the
United States, or leased by the United States, or buildings financed in
whole or in part by a grant or loan made by the United States, to be
accessible to persons with disabilities.
II. MASSACHUSETTS FAIR HOUSING LAW
A. M.G.L. c.151B
i. Prohibits discrimination on the basis of race, color, religious creed,
national origin, sex, age, ancestry, genetic information, veteran/military
status, sexual orientation, gender identity, marital status, presence of
children, disability or receipt of public assistance, including housing
subsidies in the sale, rental, or lease of covered dwelling units, including
publicly assisted dwelling units.
B. Massachusetts Equal Riehts Law (M.G.L. c. 93, $ 102
i. Provides that all persons within the Commonwealth of Massachusetts,
regardless of sex, race, color, creed, or national origin, shall have equal
rights to make and enforce contracts, and to inherit, purchase, lease, sell,
hold, and convey real and personal property.
C. Article CXIV of the Massachusetts Constitution
i. Provides that "no otherwise qualified handicapped individual shall, solely
on the reason of his handicap, be excluded from the participation in,
denied the benefits of, or be subject to discrimination under any program
or activity within the Commonwealth."
D. M.G.L. c 12113, 6 32
i. Prohibits discrimination and segregation in LHA-operated housing on the
basis of race, color, creed, religion, blindness or physical handicap.
III. FAIR HOUSING MARKETING PLAN
This Fair Housing Marketing Plan CTHMP") is adopted in accordance with the federal and
state laws listed above, as well as state -aided public housing regulations at 760 CMR 4.07.
Pursuant to 760 CMR 4.07, the LHA shall biennially determine whether the percentage for
each minority group in the LHA's housing by program (i.e., elderly/handicapped program
and family program) is significantly below' the percentage for the minority4 group in the city
or town or in the general population of the applicable metropolitan statistical area ("MSA"),
whichever is greater, and, if so, shall update and implement this FHMP to ensure affirmative
outreach to the minority group.
The LHA has an ongoing responsibility to ensure that people in the local city or town, the
primary MSA, and the communities from which applicants have historically applied for
housing are aware of the availability of units and given an opportunity to apply. The LHA
shall initiate a marketing effort whenever any of the following situations occur:
a. the LHA has any minority group among its tenant population that is
significantly below the percentage for the minority group in the
[CITY/TOWN] or in the general population of the Mansfield town,
Bristol County MSA, whichever is greater;
b. the waiting list, including available MRVP vouchers, is less than the number
of applicants anticipated to be placed in the next 12 months;5
c. applications for new programs or units will be accepted; or
d. the overall minority household population (where at least one household
member is a minority) is less than the LHA's Affirmative Action Goal
adopted pursuant to 760 CMR 5.10(3).
IV. DEMOGRAPHICS OF THE Mansfield town, Bristol County AND MSA
Percentage of Mansfield town, Bristol County that is:
Black or African -American:
1.9
%
Asian:
6.0
%
Native Hawaiian or Pacific Islander:
0.0
%
American Indian or Alaskan Native:
0.0
%
Hispanic/Latino:
0.4
%
Percentage of Providence -Warwick, RI -MA Metro Area MSA that is:
Black or African -American:
3.9
%
Asian:
2.2
%
Native Hawaiian or Pacific Islander:
0.0
%
American Indian or Alaskan Native:
0.0
%
Hispanic/Latino:
7.9
%
Percentage of LHA elderly/handicapped tenant population that is:
Black or African -American:
0.05
%
Asian:
ul
Native Hawaiian or Pacific Islander:
0.0
%
American Indian or Alaskan Native: 0.0 %
' For this purpose, "significantly below" means that the percentage for each minority group in the LHA's
housing for a given program is at least one percentage point below the percentage for the minority group in the
city or town or in the general population of the applicable MSA, whichever is greater. For example, Asian
households comprise 5% of residents in the LHA's Chapter 667 (rousing, but 6% or more of the population in
the city or town or the applicable MSA, whichever is greater, the percentage in the LHA's housing would be
deemed "significantly below".
° "Minority" has the meaning assigned to it in 760 CMR 5.03: Definitions.
5 Marketing of MRVP PBV waiting lists administered by LHAs will include postings with Housing Navigator
at hups://www.housingnavigatorma.org/.
Other:
0.1
%
Hispanic/Latino:
0.0
%
Not Disclosed
81.0
%
Percentage of LHA family tenant population
that is:
Black or African -American:
0.15
%
Asian:
0.0
%
Native Hawaiian or Pacific Islander:
0.0
%
American Indian or Alaskan Native:
0.0
%
Hispanic/Latino:
0.15
%
V. MARKETING CONTENT — GENERALLY
A. Marketing for LHA units, as well as for the LHA as a whole, will provide
information, maximum opportunity, and otherwise attract eligible persons protected
under federal and state fair housing laws who are less likely to apply.
B. When undertaking marketing efforts, the LHA shall utilize the following advertising
methods: [INCLUDE ALL EFFORTS THE LHA WILL ENGAGE N
i. Advertisements will be posted on the LHA's website and social media
accounts. Social media postings will be made in all threshold languages, as
determined by the LHA's Language Access Plan adopted pursuant to 760
CMR 4.02(1)(e).
ii. Advertisements will be shared with the local fair housing commission, area
religious institutions, local and regional housing agencies, civic groups, social
services agencies, and other local community organizations, including: Town
of Mansfield, Mansfield Council on Aging, Vesteran Services of Mansfield,
Mansfield Social Services, Catholic Charities, Father Bill's Mainspring,
Bristol County Elders Services.
iii. Advertisements will be placed in the digital or print versions of local and
regional newspapers, including: The Sum Chnronicle
iv. Advertisements will be placed in the print versions of non-English
publications (in the language of the publication) based on the prevalence of
particular language groups in the regional area, including: E► Mundo.
C. All materials being used for advertisements should direct potential applicants to the
online application at CHAMP and indicate that paper applications may be
downloaded and printed out from the DHCD website or picked up at the management
office of any local housing authority. Applicants may also request that an LHA send
them an application by mail.
D. Application information must also include a statement regarding the LHA's
obligation not to discriminate in the selection of applications.
E. The size of the advertisements, including the content of the advertisement, as well as
the dates of the advertising, will be comparable across regional, local, and minority
newspapers.
F. The local residency preference will not be advertised so as not to discourage non -
local potential applicants,,+�y
G. The Fair Housing logo (01) and slogan ("Equal Housing Opportunity") will be
included in all marketing materials. All marketing will be comparable in terms of the
description of the opportunity available and the dates of marketing, regardless of the
marketing type (e.g., local newspaper vs. minority newspaper).
H. All marketing will offer reasonable accommodations in the application process.
VI. OUTREACH EFFORTS TO PERSONS WITH DISABILITIES
A. The LHA will provide notice of accessible units with MASSACCESS
(http://www.massaccesshousingregistry.org) or a successor website/registry in
accordance with M.G.L. C. 151B, § 4(7A).6]
B. All marketing will offer reasonable accommodations in the application process. The
LHA will also provide application materials in alternative formats, engage in
alternative means of communication through auxiliary aids and set -vices, and/or
provide assistance with the application process as necessary to ensure that persons
with disabilities are reasonably accommodated and have equally effective access to
the LHA's programs.
VII. LANGUAGE ASSISTANCE FOR APPLICANTS WITH LIMITED ENGLISH
PROFICIENCY
Marketing informational materials will provide notice of free language assistance to
applicants, translated into the languages of Limited English Proficiency ("LEP") populations
anticipated to apply in accordance with the LHA's Language Access Plan.
VIH. MARKETING TIMELINE
A. All advertisements will run annually a minimum of two times. The first set of
advertisements will run as soon as possible after the LHA determines that marketing
efforts are necessary. The second set of advertisements will begin running at least
thirty (30) days after the end of the first set of advertisements.
B. All advertisements will be designed to attract attention.
IX. PLANS FOR CORRECTING NEGATIVE PROCEDURES OR POLICIES
A. The LHA will regularly review procedures and policies to ensure there is no negative
impact on applications or selection of persons protected under Fair Housing Laws such as the
establishment of a minority placement ratio pursuant to 760 CMR 5.10(3).
A Motion was made by Ms. Flynn and seconded Mr. Tucker to
Approve the Reasonable Accommodation Policy.
Upon Vote, the Motion passed by a Vote of 4-0-1 with Mr.
Kozlowski abstaining.
The Mansfield Housing Authority Reasonable Accommodation Policy is as follows:
6 Pursuant to M.G.L. c. 151B, §4(7A), the owner or other person having the right of ownership shall give at
least fifteen days' notice of the vacancy of a wheelchair accessible unit to the Massachusetts Rehabilitation
Commission, which shall maintain a central registry of accessible apartment housing.
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Mansfield Housing Authority Reasonable Accommodation/Modification Policy and
Procedures
Approved by the Board of Commissioners 9/7/2022
Contents
INTRODUCTION ..................................
PART A: POLICY ..................................
SECTION 1. DEFINITIONS ..............
SECTION 2. POLICY STATEMENT
SECTION 3. PURPOSE .....................
SECTION 4. AUTHORITY
SECTION 5. MONITORING AND ENFORCEMENT
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12
12
13
13
........................13
........................14
SECTION 6. GENERAL PRINCIPLES FOR PROVIDING REASONABLE
ACCOMMODATIONS/MODIFICATIONS......................................................................14
SECTION 7. AMENDMENTS
SECTION 8. STAFF TRAINING
................................16
........................16
PARTB: PROCEDURES.......................................................................................................16
PROCEDURE I - COMMUNICATION WITH APPLICANTS AND RESIDENTS ........ 16
PROCEDURE 2 - SEQUENCE FOR MAKING DECISIONS..........................................17
PROCEDURE 3 -GUIDELINES FOR DETERMININNG REASONABLENESS ........... 18
ATTACHMENTS:...................................................................................................................20
Request for Reasonable Accommodations/Modifications...................................................22
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 your request].23
Verification of Disability by Physician or Other Professional............................................24
for Reasonable Accommodation/Modification Request......................................................24
INTRODUCTION
This Reasonable Accommodation/Modification Policy and Procedures, comprised of Pail A
and Part B, sets forth the policy and procedures of the Mansfield Housing Authority (the
"LHA") regarding making reasonable accommodations and reasonable modifications for
qualified applicants or residents7 with disabilities for participation in the LHA programs and
7 Reasonable accommodation/modification policies with respect to LHA employees are [available at]/[attached
as Attachment X].
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activities.$ A copy of this Reasonable Accommodation/Modification Policy and Procedures
is posted in LHA common areas and on the LHA website, located at www.Mansfieldha.org.
Additionally, a copy of this Reasonable Accommodation/Modification Policy and Procedures
may be obtained upon request by contacting Mansfield at (508) 339-6890 or
Housingauthority@mansfieldhousing.com
mansfieldhousing.com
PART A: POLICY
SECTION 1. DEFINITIONS
1.1. The term "ADA" shall mean the Americans with Disabilities Act, as amended.
1.2. The term "FHA" shall mean the Fair Housing Act of 1968, as amended
1.3. The tern? "individual with a disability", shall mean:
(i) A physical or mental impairment that substantially limits one or more of the major
life activities of such individual.
(ii) A record of such an impairment; or
(iii) Being regarded as having such an impairment
This definition shall be interpreted as further detailed in 28 CFR § 35.108 (Title If
ADA regulations).
1.4. The term "Policy" shall mean Part A of this Reasonable Accommodation/
Modification Policy and Procedures, as adopted by the LHA Board, and as may be
amended from time to time.
1.5. The term "Procedures" shall mean Part B of this Reasonable Accommodation/
Modification Policy and Procedures, and as may be amended from time to time, in a
manner consistent with the Policy, by the LHA's Board.
1.6. The term "reasonable accommodation" as used herein means a change in the
LHA's rules, policies, practices, or services, that may be necessary to provide persons
with disabilities an equal opportunity to participate in LHA programs, activities, and
services, and/or to enjoy LHA dwellings or facilities.
1.7 The term "reasonable modification" as used herein means a physical change, such as to a
dwelling unit, building, common or public area, etc., necessary to afford persons with
disabilities an equal opportunity to use and enjoy the premises and/or to access programs,
activities, and services.
s Relevant program -specific requirements or procedures not addressed in Part A or Part B of this policy are
incorporated in Attachment 8.
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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 3. 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 Justice on Reasonable Accommodations under the Fair
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Housing Act9;
(c)Title II of the Americans With Disabilities Act ("ADA"), as amended, and
implementing regulations at 28 CFR part 35, prohibit discrimination on the basis
of disability status by public entities. Except as provided in §35.102(b), of 28
CFR Part 35, the ADA applies to all services, programs and activities provided or
made available by public entities (State and local governments and agencies and
instrumentalities thereof);
(d)Massachusetts General Laws chapter 15113, which prohibits discrimination
against persons with disabilities and other protected classes in the renting, leasing,
or sale of housing accommodations.
SECTION 5. MONITORING AND ENFORCEMENT
The LHA Reasonable Accommodation Coordinator/Executive Director/Chief
Administrative Officer/ other designated employee is responsible for monitoring the
LHA's compliance with this Policy and enforcing the requirements under this Policy.
Questions regarding this Policy, its interpretation or implementation should be made
by contacting The LHA Reasonable Accommodation Coordinator/Executive
Director/Chief Administrative Officer/ other designated employee in writing at
Housingauthority ct✓i mansfieldhousing.com, or in person by appointment, at Mansfield
by calling (508) 339-6890.
SECTION 6. GENERAL PRINCIPLES FOR PROVIDING
REASONABLE ACCOMMODATIONS/MODIFICATIONS
6.1 Listed below are the general principles which provide a foundation for the Policy and
which LHA staff should apply when responding to requests for reasonable
accommodations/modifications within all LHA housing programs:
(a) It is presumed that the individual with a disability is usually knowledgeable of
the appropriate types of, and methods for providing, reasonable
accommodations/modifications needed when making a request. However, the
LHA may offer equally effective alternatives to the requested accommodation,
and/or alternative methods for providing the requested
accommodation/modification.
(b) The procedure for evaluation and responding to requests for a reasonable
accommodation/modification relies on a cooperative relationship between the
LHA and the applicant/resident, or person acting on the applicant/resident's
behalf. The process is not adversarial. Instead, it is an interactive process,
including for the purposes of addressing any needed clarifications as to what is
being requested or information that was submitted, any further information that
may be needed, and/or in some cases, to discuss alternative
9 httos•//www lustice gov/sites/default/files/crt/legacy/2010/12/14/ioint statement ra adf .
14
accommodations/modifications that may meet the individual's needs.
(c) The LHA shall inform all applicants and residents of alternative forms of
communication. The Request for Reasonable Accommodations/Modifications
form ("Request Form") (a copy of which is attached to this Policy and Procedures
as Attachment 2) 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 (see Procedure 3 below), 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.
lR
(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 set -vices, to ensure the
person has an equally effective opportunity to attend and participate
SECTION 7. AMENDMENTS
7.1. The Policy may be amended only by resolution of the Board of the LHA.
7.2. The Procedures may be amended within the scope of the Policy by the Board of the
LHA.
7.3. Legal Compliance. Any amendment to the Policy or Procedures shall be consistent
with all applicable laws and regulations.
SECTION 8. STAFF TRAINING
The Equal Opportunity Officer/Reasonable Accommodation Coordinator/Executive
Director/other LHA employee will ensure that LHA staff are familiar with this Policy
and Procedures and all applicable federal, state and local requirements regarding
reasonable accommodations/modifications. The Equal Opportunity Officer/Executive
Director will avail himself/herself of training opportunities related to anti-
discrimination efforts and reasonable accommodations/modifications.
PART B: PROCEDURES
PROCEDURE 1- COMMUNICATION WITH APPLICANTS AND
RESIDENTS
At the time of application, all applicants will be provided with the opportunity to
request a reasonable accommodation/modification on the Common Housing
Application for Massachusetts Public -Housing (CHAMP) or by paper application, or,
upon the applicant's request, in another equally effective format. The Notice to All
Applicants and Residents: Reasonable Accommodations and Modifications are
available for Applicants and Residents with Mental and/or Physical Disabilities
("Notice") is attached to this Policy and Procedures as Attachment 1.
2. LHA Residents seeking accommodations/modifications may contact the management
office located within their housing development or the management office for their
scattered site residence or call the LHA office at (508) 339-6890.
The LHA is responsible for informing all residents that a request may be submitted
for reasonable accommodations/modifications for an individual with a disability. All
residents will be provided the Notice and the Request Form when requesting a
reasonable accommodation/modification. However, the Request Form cannot be
let
required. A resident may otherwise submit the request in writing, orally, and at any
time. Upon receiving the request, housing management and/or the Reasonable
Accommodation Coordinator/Executive Director will respond to the request within
ten (10) business days. If additional information or documentation is required, a
written request should be issued to the resident by using the Request for Information
or Verification Form ("Request for Information") (a copy of which is attached to this
Policy and Procedures as Attachment 3). 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
17
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.
(b) If NO, the LHA may deny the request. Submit the denial using the Letter Denying
Request for Reasonable Accommodation/Modification.
(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.
PROCEDURE 3 -GUIDELINES FOR DETERMININNG
REASONABLENESS
1. In accordance with Section 6.1 of the Policy, the LHA will consider the requested
method for providing reasonable accommodations/modifications for an individual
with a disability. However, unless the disability -related need for an accommodation/
modification is obvious or otherwise known to the LHA, the LHA may require the
individual with a disability to provide further information to demonstrate the need for
the requested accommodation to enable an equal opportunity to access, use, or enjoy
the housing program or LHA services and activities. Additionally, the LHA may offer
equally effective alternatives to the requested accommodation/modification, and/or
alternative methods for providing the requested accommodation through the
interactive process.
2. Requests for reasonable accommodatior/modification will be considered on a case -
by -case basis. Decisions regarding reasonable accommodations/modifications will be
made in compliance with all applicable laws, regulations, and requirements.
Additionally, in those circumstances where the LHA deems that a proposed
reasonable accommodation/ modification would fundamentally alter the service,
program, or activity, or would result in undue financial and administrative burdens,
the LHA has the burden of proving such result(s).
3. The responsibility for the decision that a proposed reasonable accommodation/
modification would result in such alteration or burdens shall rest with the Executive
Director or his/her designee after considering all resources available for use in the
funding and operation of the service, program, or activity, and must be accompanied
by written statement of the reasons for reaching that conclusion. If an action would
result in such an alteration or such burdens, the LHA shall propose any other action
that will not result in or require a fundamental alteration or financial and
administrative burden as part of the interactive process.
E
4. Direct Threat. Generally, an accommodation is not required if it would pose a
"direct threat" to the health and safety of other individuals or would result in
substantial physical damage to the property of others. The LHA's assessment of
"direct threat" will be individualized and based on reliable objective evidence (e.g.,
current conduct, or a recent history of overt acts). The LHA's assessment will
consider: (1) the nature, duration, and severity of the risk of injury; (2) the probability
that injury will actually occur; and (3) whether there are any reasonable
accommodations that will eliminate the direct threat. In evaluating a 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,
19
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:
Attachment 1—Notice to All Applicants and Residents: Reasonable Accommodations and
Modifications are Available for Applicants and Residents with Mental and/or Physical
Disabilities
Attachment 2 — Request for Reasonable Accommodations/Reasonable Modifications
Attachment 3 — Request for Information or Verification
Attachment 4 — Verification of Disability by Physician or Other Professional for Reasonable
Accommodation/Modification Request
Attachment 5 — Letter Denying Request for Reasonable Accommodation/Modification
Attachment 6 — Letter Approving Request for Reasonable Accommodation/Modification
Attachment 7 — Request for Meeting
Attachment 8 —Additional Program -Specific Requirements
20
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.
21
Attachment 2: Request for Reasonable Accommodations/Modifications Form
Request for Reasonable Accommodations/Modifications
To: Accommodation Coordinator
Housing Authority
Address
From:
Applicant or Resident Name (please print) Control Number
Address
Town/City, State, Zip
Area Code/Telephone Number
1. On account of my disability, I request the following be done in order to permit me to have equal
opportunity to use and enjoy the housing or public or common use areas or to participate fully in the
Housing Authority's programs, activities, or services: (Describe)
2. This request for a reasonable accommodation/modification is necessary so that I can:
3. Documentation needed to verify the existence of my disability and my disability -related need for
the accommodation/modification is attached. (Attach appropriate documentation)
I attest that the foregoing information is true and correct.
Signature of Applicant or Resident (or authorized representative) Date
22
Attachment 3 — Request for Information or Verification
0&9&
Mansfield
01 MHA
HousingAuaiority
22 Bicentennial Court, Mansfield, MA02048
Ph: (508) 339-6890 Far..(508) 339-4956
Mansfield Housing Authority
22 Bicentennial Court
Mansfield, MA 02762
Date:
To:
Dear Applicant or Resident:
We have received your request for a reasonable accommodation[modif(cation].
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 Other Professional 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
Housingautliority@mansfieldhousing.com..
[Signature and closing]
23
Attachment 4 — Verification for Reasonable Accommodation/Modification Request
Form
Verification of Disability by Physician or Other Professional
for Reasonable Accommodation/Modification Request
Name of Physician or other professional:
Profession:
Address
Applicant/Resident Name
Applicant/Resident Address
I hereby authorize release of the following information:
(Applicant/Resident Signature)
A local housing authority (LHA) may request verification that an applicant/resident has a disability to
determine whether the applicant/resident needs a reasonable accommodation in the LHA's rules,
policies, practices or services, or needs a reasonable modification of the leased premises or public or
common use areas, in order to have equal opportunity to use and enjoy the leased premises or the
public or common use areas, or to participate fully in the LHA's programs, activities, or services.
The above -named applicant/resident has authorized your release of the requested information. We
would appreciate your prompt response to the questions on the reverse side of this letter. If you have
questions, please contact our office. Thank you for your anticipated cooperation.
Sincerely,
24
Executive Director and/or Reasonable Accommodation Coordinator
The following proposed reasonable accommodations)/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
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 I 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
accommodation(s)/reasonable modification(s)):
CERTIFICATION: I certify that the information provided above represents my professional judgment
and is true and correct to the best of my knowledge and belief.
Signature of Physician or Professional Date:
25
Telephone #:
26
Attachment 5 — Letter Denying Request for Reasonable Accommodation/Modification
i/
Mansfield
W1 MHA
HousutgAuthority
22 Bicentennial Court, Mansfield, MA02048
Ph: (508) 339-6890 Fax (508) 339-4956
Mansfield Housing Authority
22 Bicentennial Court
Mansfield, MA 02762
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.
[Signature and closing]
27
Attachment 6 — Letter Approving Request for Reasonable
Accommodation/Modification
I0�001&
Mansfield
01 MHA
HousiugAuthority
22 Bicentennial Court, Mansfield, MA02048
Ph: (508) 339-6890 Fax: 1508) 339-4956
Mansfield Housing Authority
22 Bicentennial Court
Mansfield, MA 02762
Date:
To:
Dear Applicant or Resident:
We have approved your request for the following change or reasonable accommodation
[modification] [description]:
We can provide you with this accommodation [modification] by [date].
[If there is a delay in providing the accommodation, explain the reason for delay simply and
clearly].
If you think this change or reasonable accommodation [modification] is not what you
requested, if it is not acceptable, if you object to the amount of time it will take to provide it,
or otherwise have questions, please contact Mansfield at (508) 339-6890, or
Housingauthority@mansfieldhousing.com.
[Signature and closing]
W.
Attachment 7 — Request for Meeting
Aik&
91 Mansfield NflJAAuthority
22 Bicentennial Court, Mansfield, MA02048
Ph: (508) 339-6890 Fax (508) 339-4956
Mansfield Housing Authority
22 Bicentennial Court
Mansfield, MA 02762
Date:
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 (508) 339-6890 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.
[Signature and closing]
W
A Motion was made by Ms. Flynn and seconded Mr. Kozlowski
to Approve the Section 8 Administrative Plan.
Ms. McDougall stated that Nan McKay provides all updates for
the Housing Authority's administrative plan to ensure that we
are in compliance with all Federal guidelines.
Upon Vote, the Motion passed by a Vote of 5 to 0.
The Chairman referred to Agenda Item #15 Approval of the MetLife and PPI
Dental Benefit through the ALPHA Partnership.
A Motion was made by Ms. Flynn and seconded by Mr. Tucker
to Approve the MetLife and PPI Dental and Vision Benefit
Through ALPHA Partnership, Whereas the Housing Authority
Would Assume 85% and the Employee would be responsible
for 15% of the Monthly Premium effective October 1, 2022.
Ms. McDougall stated that the Housing Authority last updated the Dental benefit in
2003. At that time the Housing Authority decided to be responsible for 85% of the
premiums but that any further increase in premium would be the responsibility of the
insured employee. Ms. McDougall said that the current split is 70/30 where the
employee is responsible for 70% and the Housing Authority pays 30% of the
premium.
Upon Vote, the Motion passed by a Vote of 5 to 0.
The Chairman referred to Agenda Item #16. Correspondence.
The Chairman acknowledged receipt of the Mansfield Housing Authority Agreed
Upon Procedure (AUP) Audit Report and Financial Report for the Fiscal Year end
2021.The Executive Director stated that there were no findings on the report.
The Chairman announced the final Audit report for the US Department of Housing
and Urban Development for fiscal year end September 30, 2021. The Executive
Director stated that there were no findings.
30
The Chairman made the Board aware of an email from the Deputy Assistant
Secretary for Public Housing Voucher Program. The Executive Director said that
HUD had issued three more vouchers for the Section 8 Program and that they were
vouchers that would target homeless applicants, or victims of domestic violence.
The Chairman Signed with the consent of the Board, the Civil Rights Certification
Form for the HUD Five Year and Annual Plan Submission.
The Chairman referred to Agenda Item #16, Questions and Comments.
Olivier Kozlowski stated that he had received a letter from the Attorney General's
Office that stated there were four members of the Housing Authority Board of
Commissioners that were found to be in violation of open meeting law. Mr.
Kozlowski provided the Executive Director with a copy.
The Chairman referred to Agenda Item #17 Questions and Comments.
There being no further business to come before the Board, a
Motion was made by Mr. Kozlowski and seconded by Mr.
Snyder to Adjourn at 7:40 PM.
Upon Vote, the Motion passed by a Vote of 4 to 0.
Approved on October 5, 2022 - Board of Commissioners:
31