HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/20/1999 - RESOLUTION NO. 17 REAFFIRMING THE POLICIES AND PRO AGENDA ITEM SUMMARY ITEM NUMBER: 6
FORT COLLINS CITY COUNCIL DATE: Apri12Q 1999STAFF:
Darin Atteberrry
SUBJECT:
Resolution No. 17 of the Fort Collins Housing Authority Reaffirming the Policies and Procedures
of the Housing Authority Related to the Federal Rehabilitation Act of 1973 and Federal Americans
with Disabilities Act and Designating Coordinators of Compliance With the Same.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
The federal Rehabilitation Act of 1973 (the "Rehab Act") requires entities receiving federal funds
with fifteen or more employees to establish a process for hearing grievances regarding Rehab Act
compliance,and to designate an individual to coordinate that process. The Board of Commissioners
for the Fort Collins Housing Authority has acted in the past to address the requirements of the
Rehab Act,most recently designating the previous Executive Director as Coordinator of the related
grievance process. As a result of ongoing communications with customers of the Housing Authority,
staff has reviewed the existing administrative grievance policy, and recommends that the Board
adopt this resolution renaming the policy as the "Section 8, Public Housing, and Rehab Act/ADA
Grievance Policy," in order to put the public on notice of the policy's designation as the Housing
Authority's Rehab Act Grievance Policy.
In addition, with the changes that have occurred in the management of the Housing Authority in
recent months,staff recommends that the Board reaffirm its previous appointment of the Executive
Director as the Coordinator of the Rehab Act Grievance Policy, and add the Assistant to the
Executive Director as an additional Coordinator.
Finally,the federal Americans with Disabilities Act("ADA")requires public entities employing fifty
or more persons to establish an ADA Grievance Procedure and designate a coordinator for that
process. While the Housing Authority is not currently required to meet this requirement, in order
to proactively address any potential ADA claims that may arise, staff is recommending that the
Board also designate the grievance policy to be renamed as intended for resolution of ADA
grievances, and designate the Executive Director and Assistant to the Executive Director as ADA
Coordinators for the Housing Authority.
RESOLUTION NO. 17
OF THE BOARD OF COMMISSIONERS
OF THE FORT COLLINS HOUSING AUTHORITY
REAFFIRMING THE POLICIES AND PROCEDURES
OF THE HOUSING AUTHORITY RELATED TO
THE FEDERAL REHABILITATION ACT OF 1973 AND
FEDERAL AMERICANS WITH DISABILITIES ACT
AND DESIGNATING COORDINATORS OF COMPLIANCE WITH THE SAME
WHEREAS, the Board of Commissioners is strongly committed to complying with the
requirements of the federal Rehabilitation Act of 1973 ("Rehab Act"), and with the federal
Americans with Disabilities Act ("ADA"); and
WHEREAS,the Rehab Act and related U.S.Department of Housing and Urban Development
regulations require the Board to establish a grievance procedure for the consideration and resolution
of grievances arising under that law, and to appoint at least one employee to coordinate its efforts
to comply with and carry out the Rehab Act; and
WHEREAS,the ADA requires public entities employing 50 or more persons to establish a
grievance procedure for the consideration and resolution of grievances arising under that law, and
to appoint at least one coordinator responsible for coordination of its efforts to comply with and
carry out the ADA; and
WHEREAS, although the ADA requirement does not currently apply to the Housing
Authority because it does not now employ 50 or more persons, it may in the future apply to the
Housing Authority,and proactive efforts to comply with this requirement may enhance the Housing
Authority's ability to address the concerns of persons with disabilities; and
WHEREAS, the Board did previously adopt a grievance procedure as part of its
administrative policies, and previously appointed as coordinator of its grievance process for the
Rehab Act the Executive Director of the Housing Authority; and
WHEREAS, in order to eliminate any confusion regarding whether the previously adopted
policies and procedures were intended to serve as the grievance procedure required by the Rehab Act
and described in the ADA,and regarding the identity of the designated coordinators for the purposes
of the Rehab Act and ADA, the Board desires to reaffirm and clarify those designations with this
Resolution.
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NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE FORT COLLINS HOUSING AUTHORITY as follows:
Section 1. The Board hereby reaffirms and adopts the Grievance Procedure,attached hereto
as Exhibit"A"and incorporated herein by this reference,as the Housing Authority procedure for the
review and resolution of non-employment-related grievances against the Housing Authority under
the federal Rehabilitation Act of 1973 and the federal Americans with Disabilities Act.
Section 2. The Board hereby designates Section 11 of the Personnel Policies Employee
Handbook previously adopted by the Board on December 18, 1996,as amended by the Board with
the adoption of Resolution No. 11, on January 19, 1999, entitled "Grievance Procedure and Issue
Resolution," as the Housing Authority procedure for the review and resolution of employment-
related issues arising under the federal Rehabilitation Act of 1973 and the federal Americans with
Disabilities Act.
Section 3. The Board hereby restates and reaffirms its previous designation of the Executive
Director of the Housing Authority as the Coordinator of the Authority's federal Rehabilitation Act
of 1973 and federal Americans with Disabilities Act Grievance Procedure, further designates the
Assistant to the Executive Director of the Housing Authority as an additional Coordinator of the
Authority's federal Rehabilitation Act of 1973 and federal Americans with Disabilities Act
Grievance Procedure,and designates as the official address for communicating grievances under the
Rehab Act or the ADA the following: Executive Director (Rehab ACUADA Coordinator), Fort
Collins Housing Authority,1715 Mountain Avenue,Fort Collins,Colorado,80521;(970)221-5484.
Passed and adopted at a regular meeting of the Board of Commissioners of the Fort Collins
Housing Authority,held this 20th day of April, A.D. 1999.
Chairperson
ATTEST:
Secretary
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SECTION 8. PUBLIC HOUSING AND
REHABILITATION ACT/ADA GRIEVANCE PROCEDURE
I. DEFINITIONS
(A) "Grievance" shall mean any dispute which a tenant may have with respect to a PHA
action of failure to act in accordance with the individual tenants' lease or PHA
regulations which adversely affect the individual tenants' right, duties, or welfare of
status, or which are alleged to constitute a violation of the federal Rehabilitation Act
of 1973, Americans with Disabilities Act, or other related laws.
(B) "Grievant" shall mean any tenant whose grievance is presented to the PHA or at the
project management office in accordance with Section (2) and (3) (A) of this
Procedure or any other person receiving housing services of any kind from the
Housing Authority whose Rehabilitation Act or ADA grievance is presented to the
in accordance with Section (2) and (3) (A) of this Procedure.
(C) "Hearing Officer" shall mean a person selected in accordance with Section(3)of this
Procedure to hear grievances and render a decision with respect thereto.
(D) "Hearing Panel" shall mean a panel selected in accordance with Section (3) of this
Procedure top hear grievances and render a decision with respect thereto.
(E) "Tenant" shall mean the adult person (or persons) (other than a live in aid): (1)who
resides in the unit and who executed the lease with the Housing Authority as lessee
of the dwelling unit, or if no such person now resides in the unit, (2) the remaining
head of the household of the tenant family residing in the dwelling unit covered by this
Procedure.
2. INFORMAL SETTLEMENT OF GRIEVANCE
(A) Any grievance shall be presented orally in person, or in writing, to the PHA office of
to the office of the project in which the grievant resides, or, in the case of a
Rehabilitation Act or ADA grievance, to the Executive Director or Assistant to the
Executive Director of the PHA, so that the grievance may be discussed informally
and settled without a hearing.
(B) The grievance must be presented by the grievant or his representative within a
reasonable time, not in excess of ten (10) days of the PHA action, or failure to act,
which is the basis of the grievance.
(C) The PHA shall schedule the informal discussion, referred to in subsection(A) above,
Was promptly as possible, time and place reasonably convenient to the grievant, and
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of, nor affect in any manner whatever, any rights the grievant may have to a trial de novo or judicial
review in any judicial proceedings, which may thereafter be brought in the matter. In such
proceedings, the PHA shall,by stipulation or other appropriate means,be limited to invoking against
the grievant the grounds originally relied on by the PHA in its proposed disposition of the complaint
or grievance.
7. PHA EVICTIONACTIONS
If a tenant has requested a hearing in accordance with section(3) on a complaint involving a PHA
notice of termination of the tenancy and the Hearing Officer or Hearing Panel upholds the PHA's
action to terminate the tenancy, the PHA shall not commence an eviction action in the State or local
court until it has served a notice to vacate on the tenant, and the notice to vacate shall not be issued
prior to the decision of the Hearing Officer of the Hearing Panel having been mailed or delivered to
the grievant except that if such notice shall be served subsequent to the provision of section(2)above
and prior to the provisions of part (D) of section(3) above such notice shall be considered waived.
Such notice to vacate must be in writing and specify that if the tenant fails to quit the premises within
the applicable statutory period, or on the termination date stated in the notice of termination,
whichever is later,appropriate action will be brought against him and he may be required to pay court
costs and attorneys fees.
8. INAPPLICABILITY OF GRIEVANCE PROCEDURE
The provisions ofthis grievance procedure are not applicable to any grievance concerning an eviction
or termination of tenancy based upon:
(A) Any criminal activity that threatens the health, safety or right to peaceful enjoyment
of the premises of other residents or employees of the PHA; or
(B) Any drug related criminal activity on or near the premises of the PHA
The U.S. Department of Housing and Urban Development has issued a Due Process Determination
for the State of Colorado which authorizes the PHA to immediately commence an eviction action,
without first providing an opportunity for an administrative grievance hearing, in accord with State
law based on any of the grounds stated in this section.
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