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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 2 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. 3 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. M 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. 10 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 11 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]. 11 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. 12 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 13 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