HomeMy WebLinkAboutRes HA-66 - Amndng Admin Plan-Smoke-Free PolicyPALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: APPROVE RESOLUTION NO. HA-66 AMENDING THE
ADMINISTRATIVE PLAN TO INCORPORATE EXHIBIT G "SMOKE
FREE POLICY" FOR THE PALM DESERT HOUSING AUTHORITY
PROPERTIES
SUBMITTED BY: Veronica Tapia, Management Analyst II
DATE: August 28, 2014
CONTENTS: Resolution No. HA- 66
Exhibit G - Smoke Free Policy
Administrative Plan
Ordinance No. 1200
Recommendation
By Minute Motion, that the Authority Board approve Resolution No.
HA- 66 amending the Administrative Plan to incorporate Exhibit G
"Smoke Free Policy" for the Palm Desert Housing Authority properties.
Executive Summary
The City of Palm Desert's Ordinance No. 1200 prohibits smoking in many areas of
the city. The Smoke Free Policy is being established in order to assist the City in providing
for the public health, safety, and welfare of the Housing Authority's residents. While several
properties will be deemed 100% smoke -free, larger properties will designate a small
percentage of units as smoking. Approval of the Smoke Free Policy will provide guidelines
in order to implement the policy requirements throughout all Housing Authority properties.
Background
On December 11, 2013, staff introduced the concept of establishing a formal Smoke -Free
Policy for the Housing Authority properties to the Housing Commission, in accordance with
the City of Palm Desert's Ordinance No. 1200 prohibiting smoking in many areas of the city.
The Policy provides an opportunity for the Housing Authority to assist the City in providing
for the public health, safety, and welfare of the Housing Authority's residents.
The policy declares many of the apartment buildings to be smoke free buildings to insure
the quality of air and the safety of the residents. Smoking will not be permitted in any area
of the building, including apartments designated as smoke free, except as noted in the
policy. Smoking will only be permitted in specifically designated areas within a reasonable
distance outside of the buildings, depending on the size of the community.
The table below summarizes the implementation, timeline and procedure:
G \RDA\Veronica Tapia\Word Files\Staff Reports\SR - PDHA Smoke Free Policy 8-28-14.doc
Staff Report
Approval of Resolution No. HA-_ Amending the Administrative Plan — Smoke Free Policy
August 28, 2014
Page 2 of 3
Smoke -Free
Requirement
Implementation
Period
Designation to
Smoke -Free Unit
All Newly
Constructed 30 or Fewer Unit 31 to 150 Unit 151 or More Unit
Complexes Complexes Complexes Complexes
100% 100% 80%* 70%*
Immediately Through Attrition Through Attrition Through Attrition
Immediately Upon Vacancy of May be transferred May be transferred
Unit to smoke -free to smoke -free
unit** unit**
*Established minimum requirement.
**Transfer will occur upon volunteer transfer or upon 5th anniversary of policy implementation, whichever is sooner.
The complete implementation plan will result in the following breakdown:
PROPERTIES
Multi -Family Complexes
California Villas
Desert Pointe
Laguna Palms
Neighbors
One Quail Place
Palm Village
Taos Palms
Senior Complexes
Candlewood Apartments
Catalina Gardens
La Rocca Villas
Las Serenas
Pueblos
Sagecrest Sr.
'Cumulative Total for All Properties:
IITOTAL
UNITS NO. OF MINIMUM % OF
II SMO E-FREE UNITS II SMOKE -FREE UNITS
141 113
64 51
48 38
24 24
384 269
36 29
16 16
30
72
27
150
15
14
1021
30
58
27
120
15
14
804
80%
80%
80%
100%
70%
80%
100%
100%
80%
100%
80% !!!
100%
100%
88%
G \RDA\Veronica Tapia\Word Files\Staff Reports\SR - PDHA Smoke Free Policy 8-28-14.doc
Staff Report
Approval of Resolution No. HA- 66Amending the Administrative Plan — Smoke Free Policy
August 28, 2014
Page 3 of 3
Residents will be required to acknowledge their receipt and understanding of the new policy
by signature.
The policy will be added as Exhibit G, to the Administrative Plan as approved by the
Authority Board on June 26, 2008. Staff recommends that the Authority Board approve
Resolution No. HA-_ amending the Administrative Plan to incorporate Exhibit G, "Smoke
Free Policy" for the Palm Desert Housing Authority properties.
Fiscal Analysis
There is no fiscal impact to the Authority to amend the Administrative Policy. Staff
anticipates an overall reduction in costs to re -rent smoke -free units. Costs, if any,
associated with the required changes at the properties will be covered by revenues
generated or replacement reserve funds depending on the origin of any such costs.
Submitted by:
Department Head:
eronica Tapia, Manageent Analyst II JaneMoore, Director of Housing
Jq(hn M. Wohlmuth, Executive Director
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VERIFIED BY:
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G:\RDA\Veronica Tapia\Word Files\Staff Reports\SR - PDHA Smoke Free Policy 8-28-14.doc
RESOLUTION NO. 66
A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY AMENDING
THE ADMINISTRATIVE PLAN TO INCORPORATE EXHIBIT G — SMOKE
FREE POLICY FOR THE PALM DESERT HOUSING AUTHORITY
PERTAINING TO THE MANAGEMENT AND OPERATION OF THE
AFFORDABLE HOUSING RENTAL UNITS
NOW, THEREFORE, THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS,
DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The Palm Desert Housing Authority (the "Authority"), in cooperation with
the Palm Desert Redevelopment Agency (the "Agency"), has established an affordable housing
rental program (the "Program") for very low, low and moderate income residential homeowners in
the City.
Section 2. The Authority has approved an Administrative Plan (the "Plan")
establishing the policies and procedures under which the Authority currently operates, for the
administration, management and operations of the Program as attached hereto and incorporated
herein by this reference.
Section 3. The Administrator of the Plan is the Authority regardless of funding
source or ownership of the properties.
Section 4. The Authority wishes to amend the Plan to incorporate Exhibit G, Smoke
Free Policy attached hereto and incorporated herein.
Section 5. The Authority herby approves and accepts the amended Plan as well as
the authority provided herein for the purpose of the management and operation of the properties
that may be owned, operated, restricted or otherwise controlled by the Authority from time to time.
Section 6. The Executive Director of the Authority shall have the authority to
implement and administer the Plan in accordance with the terms therein as well as the Authority
Bylaws so long as such action is not inconsistent with the intent hereof.
PASSED, APPROVED AND ADOPTED by the Palm Desert Housing Authority, this
day of _ 2014 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Van Tanner, Chairman
ATTEST:
Rachelle D. Klassen, Secretary
G \rda\Veronica Tapia\Word Files\PDHA\Smoke-Free PolicyWuthonty Reso Admin Plan 2014 - Ex G Smoke Free Policy 8-28-14.doc
EXHIBIT G
SMOKE -FREE POLICY
PURPOSE
Section 1. Findings
Section 1.1 On December 10, 2009 the City of Palm Desert (the "City") approved
Ordinance No. 1200 regulating smoking throughout the City to promote public health,
safety, and welfare by discouraging the inherently dangerous behavior of smoking
around non-smokers, especially children; and by protecting the public from exposure to
secondhand smoke where they live, work, and play.
Section 1.2 In accordance with the purposes of Ordinance No. 1200, the Palm Desert
Housing Authority (the "Authority") has declared many of its apartment buildings to be
smoke free buildings to insure the quality of air and the safety of its residents. Smoking
is not permitted in any area of the buildings including apartments designated as smoke
free except as noted in this policy. Smoking is only permitted in specifically designated
areas within a reasonable distance outside of the buildings.
Section 1.3 Ordinance No. 1200 and this policy recognize there is no constitutional
right to smoke.
Section 1.4 The efforts to designate properties or portions thereof as smoke -free do
not make the Authority or any of its managing agents the guarantor of health of any
person or the smoke -free condition of any property. The Authority will take reasonable
steps to enforce the Smoke -Free Policy but shall not be required to take to take any
action unless the Authority or any of its managing agents has actual knowledge of the
smoking and the identity of the responsible resident.
Section 2. Definitions
A. "City" means the City of Palm Desert, and its related entities including the Palm
Desert Housing Authority (Authority).
B. "Common area" means every unenclosed area of a multi -unit residence that
residents of more than one unit of that multi -unit residence are entitled to enter or
use, including, for example, paths, courtyards, playgrounds, swimming pools,
parking lots, and picnic areas.
C. "Complex" see definition for multi -unit residence.
D. "Multi -unit residence" means a residential property containing two (2) or more
units. "Multi -unit residence" includes complexes comprised of more two (2) or
more buildings.
E. "Reasonable distance" means a distance of twenty (20) feet or, with respect to a
designated smoking area or such larger area as the City Manager/Executive
Director reasonably determines in writing to be necessary in a given
circumstance to ensure that occupants of an area in which smoking is prohibited
are not exposed to secondhand smoke created by smokers outside the area.
F. "Resident" means anyone included on a current lease agreement for any unit in a
multi -unit residence owned or operated by the Authority.
G. "Secondhand smoke" means smoke or vapor from tobacco, nicotine, any weed
or plant created by the burning, carrying, or operating of any lighted pipe,
hookah, cigar, cigarette, other tobacco product, electronic cigarette or similar
kind of smoking equipment, and the smoke or vapor exhaled by an individual
who engages in smoking.
H. "Smoke -free building" means that smoking is prohibited by residents and their
guests in common areas, included but not limited to community rooms,
community bathrooms, lobbies, reception areas, hallways, laundry rooms,
stairways, offices and elevators, within all units, and within a small perimeter
outside of the building including entry ways, porches, balconies, and patios (to be
established in accordance with this policy).
I. "Smoke -free unit" means a dwelling or unit where smoking by residents and their
guests is prohibited in accordance with this policy.
J. "Smoking" or to "Smoke" means holding, possessing, or operating any lighted
pipe, hookah, cigar, cigarette, other tobacco product, electronic cigarette or
similar kind of smoking equipment that is emitting smoke or vapor from tobacco,
weed, plant, or nicotine product.
Section 3. Smoking Regulation
Section 3.1 Smoking is prohibited anywhere in any unit or part of a multi -unit
residence that has been designated as smoke -free.
Section 3.2 Smoking is prohibited in all common areas of multi -unit residences, except
as noted in the specific multi -unit residence's rules regarding smoking in common areas
or in accordance with Ordinance No. 1200.
Section 3.3 Smoking is prohibited within a reasonable distance of any entrance,
window, or opening of any building, or unit, or within any common area or location
designated as non-smoking pursuant to this policy.
Section 3.4 "No Smoking" signs will be posted outside of the buildings designated as
smoke -free.
Section 3.5 All residents of multi -unit residences where some or all of the property is
designated as smoke -free are required to sign an acknowledgement that they have
received and read a copy of this policy and that they will observe all rules related to
smoking.
-2-
Section 3.6 Residents are responsible for the actions of their household, their guests,
and visitors.
Section 3.7 Failure to adhere to any of the conditions of this policy will constitute both
a material non-compliance with the rental/lease agreement and a serious violation of the
rental agreement.
Section 3.8 Residents will be responsible for all costs to remove smoke, odor, or
residue upon any violation of this policy.
Section 3.9 Any resident who smells smoke in a smoke -free area or building or
otherwise observes a violation of a smoke -free designation should report this to the
Authority as soon as possible. No person shall harass or attempt to intimidate any
person seeking to obtain compliance with smoke -free designations.
Section 3.10 Smoking is prohibited even where otherwise allowed at such time as any
employee or representative of the Authority of any of its managing agents enters and
remains in a unit. Failure to comply with this requirement may result in a delay of
services or maintenance in the apartment.
Section 3.11 This policy does not require residents to quit smoking in order to live in
units owned or operated by the Authority. This policy only prohibits smoking within the
properties per the policy guidelines. Residents who wish to smoke may do so in other
locations, as otherwise allowed. Authority staff will provide information regarding
smoking cessation resources to residents who which to quit smoking.
Section 4. Exception
Section 4.1 Pursuant to Ordinance No. 1200, the only exception to the Smoke -free
Policy includes up to twenty-five percent of the contiguous deck area around swimming
pools in multi -family residential properties owned by the City/Authority. Such areas will
be identified and posted by the Authority or any of its managing agents. Such exception
will not apply to a 100% smoke -free complex or property.
Section 5. Implementation timeline and Procedure
Section 5.1 Multi -unit residences owned or operated by the Authority will include
smoke -free units as follows:
A. All newly constructed or renovated multi -unit residences owned by the Authority
or the City will be 100% smoke free from the day the property is available for
occupancy.
B. All multi -unit residences owned or operated by the Authority or the City having 30
or fewer units will be transitioned to a 100% smoke -free complex. This will occur
through attrition in the following manner. Smoking shall be allowed in units
currently occupied by residents whose initial lease term began prior to the
effective date of this policy until the earlier occurrence of the following: (1) the
-3-
unit is vacated by the current residents; or (2) the current residents voluntarily
designate their unit to be smoke -free.
C. All multi -unit residences owned or operated by the Authority or the City having
between 31 and 150 units will be transitioned over a five year period to ensure
that at least 80% of all units are designated as smoke -free. This will be done
through attrition in the following manner. Smoking shall be allowed in units
currently occupied by residents whose initial lease term began prior to the
effective date of this policy until the earliest occurrence of the following: (1) the
unit is vacated by the current residents, (2) the current residents voluntarily
designate the unit to be smoke -free; or (3) the fifth anniversary of the effective
date of this policy. After the fifth anniversary of the effective date of this policy,
residents may request to transfer to one of the 20% of units set aside for smoking
subject to availability.
D. All multi -unit residences owned or operated by the Authority or the City having
more than 150 units will be transitioned over a five year period to ensure that at
least 70% of all units are designated as smoke -free. Smoking shall be allowed in
units currently occupied by residents whose initial lease term began prior to the
effective date of this policy until the earliest occurrence of the following: (1) the
unit is vacated by the current residents, (2) the current residents voluntarily
designate the unit to be smoke -free; or (3) the fifth anniversary of the effective
date of this policy. After the fifth anniversary of the effective date of this policy,
residents may request to transfer to one of the 20% of units set aside for smoking
subject to availability.
E. For the purpose of transition, all vacant units during the transition period are to
be considered as smoke -free units, except where specific buildings have already
been designated as smoking and no existing residents desire to transfer to such
units. All new residents will be required to sign a smoke -free addendum
indicating that they will not smoke within their unit and will observe all rules
related to smoking.
The following table summarizes the implementation timeline and procedure.
Smoke -Free
Requirement
Implementation
Period
Designation to
Smoke -Free Unit
All Newly
Constructed
Complexes
100%
Immediately
Immediately
30 or Fewer Unit 31 to 150 Unit
Complexes Complexes
100% 80%*
Through Attrition Through Attrition
Upon Vacancy of May be
Unit transferred to
smoke -free unit**
151 or More Unit
Complexes
70%*
Through Attrition
May be
transferred to
smoke -free unit**
*Established minimum requirement.
**Transfer will occur upon volunteer transfer or upon 5th anniversary of policy implementation, whichever is sooner.
-4-
Section 5.2 Where possible, entire buildings will be designated either "smoke -free" or
"smoking" consistent with the other provisions of this policy.
RESIDENT ACKNOWLEDGEMENT
As head of household, I hereby acknowledge that I have received, read, and that
I understand the above smoking policy and I agree to abide by the provisions.
I understand acknowledge that failure to comply with any part is cause for termination of
my lease.
Resident Signature:
Resident (Printed) Name:
Apartment Number:
Date:
-5-
PALM DESERT HOUSING AUTHORITY
Proposed Smoke -Free Unit Breakdown
PROPERTIES
Multi -Family Complexes
California Villas
Desert Pointe
Laguna Palms
Neighbors
One Quail Place
Palm Village
Taos Palms
Senior Complexes
Candlewood Apartments
Catalina Gardens
La Rocca Villas
Las Serenas
Pueblos
Sagecrest Sr.
Cumulative Total for All Properties:
TOTAL
UNITS
NO. OF
SMOKE -FREE UNITS
MINIMUM % OF
SMOKE -FREE UNITS
141 113 80%
64 51 80%
48 38 80%
24 24 100%
384 269 70%
36 29 80%
16 16 100%
30
72
27
150
15
14
1021
30
58
27
120
15
14
804
100%
80%
100%
80%
100%
100%
88%
PALM DIISERT
REIDEVELOPMENI" .AGENCY
AND
PALM DIsSER'I'
HOUSING AUTHORITY
ADMINISTRATIVE PLAN
ADMINISTRATIVE POLICIES AND
PROCEDURES
OF THE
PALM DESERT
HOUSING AUTHORITY
FOR THE
MANAGEMENT AND OPERATION
OF ITS AFFORDABLE HOUSING
RENTAL UNITS
73-510 Fred Waring Drive
Palm Desert, CA 92260
Phone: (760) 346-0611
Fax: (760) 341-6372
www.cityc>tpaln desert.(erg
Version 1.0
TABLE OF CONTENTS
About the Authority
1.0 Definitions
2.0 About the Plan
2.1 Purpose of the Plan
2.2 Applicability of Plan
2.3 Administrator of the Plan
2.4 Fiscal Responsibilities
2.5 Equal Opportunity
2.6 Properties
3.0 Tenant Selection and Waiting
List Procedures
3.1 Waiting List Interest
Registration Form
3.2 Establishment of Waiting Lists
3.3 Eligibility for Waiting List
3.4 Placement on the Waiting List
3.5 Notification of Available Unit
3.6 Notification by Wait List Eligible
Household of Income or
Household Changes
3.7 Waiting List Maintenance
and Notification of Continued Interest
3.8 All Units are Affordable
3.9 Preferences
3.10 Selection from the Wait List
Upon Unit Availability
3.10.1 Property Income Composition
and Income by Unit Allocation
3.10.2 Unit Under/Over Utilization
3.10.3 Offer and Acceptance of
a Restricted Unit
3.10.4 Unit Availability and Transfers
3.10.4a Emergency Transfer
3.10.4b Disabled Person Accommodation
3.10.4c Required Transfer
3.10.4d Medical Transfer
3.10.4e Requested Transfers
3.11 Conflicts Prohibited
4.0 Applications and Household Qualification
4.1 Application
4.1.1 Contact Information
4.1.2 Income
4.1.3 Assets
4.1.4 Affordable Requirements
4.1.5 Applicant Lease Requirements
4.1.6 Identification
4.1.7 Consent/Verification Forms
4.1.8 Application Fee
4.1.9 Other Information
4.2 Applicant Lease Requirements
4.2.1 Age Requirements
4.2.2 Income HistoryNerification
4.2.3 Self -Employment
4.2.4 Lease Income Requirement
4.2.5 Rental History
4.2.6 Credit Requirements
4.2.7 Criminal Background
4.3 Afford Qualification Requirements
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4.3.1 Household Income Criteria
4.3.2 No Ownership in Real Property
or Mobilehomes
4.3.3 Certification and Recertification
of Eligibility
4.3.4 Proof of Income
4.3.5 Changes in Income
4.3.6 Primary Residence Requirement
4.3.7 Other Housing Assistance
4.4 Credit Checks, Background Checks,
and Documentation Verifications
4.4.1 Application Certifications
and Verifications
4.4.1 a Authorization for Release
of Information Form
4.4.1 b Application and/or Tenant
Income Certification
4.4.1c Eligibility Requirements
4.4.1 d Applicant/Resident Certification
4.4.1e Residence History/
Verification Form
4.4.1 f Verification of Non -Receipt
of Child Support
4.4.1g Verification of Alimony/
Family Support
4.4.1 h Other Certification or Verification
4.4.2 Credit Reports/Background Checks
4.5 Additional Document Submittal
4.6 Application Accuracy
4.7 Application Approval/Denial
5.0 Leasing Policies and Procedures
5.1 Residential Lease and Addendums
5.2 Lease Deposits
5.3 Lease Payment and Late Charges
5.4 Lease Amendments
5.5 Lease Modifications
5.6 Pre -Occupancy Inspection
5.7 Rental Rates
5.7.1 Setting Rental Rates
5.7.2 Rental Rents Based on
Standard Occupancy
5.7.3 Household Rent
5.8 Maintenance and Entry to Restricted Units
5.9 Lease Renewals
5.10 No Subletting
5.11 Live -In Aides
5.12 Pets
6.0 Recertification Requirements
6.1 Required Annual Recertification
6.1.1 Recertification Appointments
6.1.2 Recertification Documentation
6.1.3 Annual Recertification Confirmation
as a Qualified Household
6.2 Circumstantial or Interim Recertification
6.2.1 Changes in Household Size
6.2.2 Change of Household Income
6.3 Temporary Recertification
6.4 Annual Inspections
6.5 False Statements and Willful Omissions
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10 7.0 Termination of Tenancies and
Move -Out Procedures
10 7.1 Termination of Tenancies
Other Than by Eviction
10 7.1.1 End of Lease Term
10 7.1.2 During a Lease Term
10 7.1.3 Notices to Vacate for Termination
10 of Tenancies Other than by Eviction
10 7.1.3a Tenant Notices to Vacate
7.1.3b Management Notices to Vacate
10 7.1.4 Move -out Procedures
7.1.4a Notice of Option to Request
10 an Initial Inspection
7.1.4b Scheduling the Initial
10 Move -out Inspection
7.1.4c Opting Out of a Pre -Inspection
10 7.1.4d Inspection Exceptions
11 7.1.4e Inspection Findings
11 7.1.4f Final Inspection
7.1.5 Maintenance and Repairs Necessary
11 Due to Impending Move -out
7.2 Termination of Tenancy Through to Eviction
11 7.2.1 Reasons for Eviction
7.2.1 a Violations of the Lease
11 7.2.1 b Non -Payment of Rent
11 7.2.1 c Misrepresentation of Eligibility
11 Under the Plan
11 7.2.2 Eviction Process
11 7.2.2a Eviction Notice
11 7.2.2b Verification of Occupancy
7.2.2c Unlawful Detainer
7.3 Refund of Security Deposit
7.3.1 Notification of Itemized Security
Deposit Disposition
7.3.2 Tenant's Entitlement to
Security Deposit
8.0 Grievance Process
8.1 Grievance Applicability
8.2 Grievance
8.2.1 Informal Grievance
8.2.2 Informal Hearing
8.2.3 Unresolved Grievances
EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
Receipt and Acknowledgement
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Management and Operations — Rental Units
2 Effective 7/1/2008
ABOUT THE AUTHORITY
"The mission of the Palm Desert Housing
Authority is to serve the citizens of Palm Desert
by providing decent, safe, sanitary, and
affordable housing to qualifying households
whose incomes are very low to moderate
including public -private partnerships,"
The Palm Desert Housing Authority (Authority) was
established in December of 1997 to operate certain
affordable rental properties located in Palm Desert that the
Palm Desert Redevelopment Agency (Agency) acquired
from the Riverside County Housing Authority (RCHA).
Prior to the Agency's acquisition, the RCHA owned and
operated the 725 affordable units for Palm Desert. The
Authority now operates over 1,000 affordable rental units
that are owned by the Agency. The income levels range
from very low (20% of the Area Median Income) to
moderate (up to 120% of the Area Median Income) with
rents ranging from $120 to $990. The City Council
members were appointed as commissioners to the
Authority Board. The Authority Board created and
established a Housing Commission comprised of members
of the community to review and advise on matters to come
before the Authority Board.
Palm Desert's commitment to provide affordable housing is
evidenced by the blend of for -sale single-family homes,
senior, and multi -family rental units that comprise its
portfolio. Palm Desert continues to be a leader among the
desert communities in the development of affordable
housing and utilizes a number of funding sources including
tax-exempt bonds, 20 percent tax increment set -aside,
housing mitigation funds and net operating income from the
Authority Properties.
In addition to the affordable units owned by the Agency,
both the City of Palm Desert (City) and the Agency have
provided incentives in various forms, such as land
donations, down payment assistance, silent deeds of trust,
density bonuses, and loans to developers that dedicate
units as affordable. Currently there are over 600 units
provided by developers or non-profit organizations using
one of these incentives.
The Authority also works hand in hand with the
City toward sustaining the goals and policies contained in
the City's approved Housing Element:
Goal 1: A variety of housing types that meet all
the needs of all income groups within the City.
Goal 2: The preservation and maintenance of
the supply of high quality affordable housing in the City.
management company in accordance with this
Administrative Plan.
The policies, guidelines and standards set forth in this
Administrative Plan shall apply to rental properties owned,
operated or controlled by the Authority and the Agency,
and are intended to encourage, maintain and preserve the
supply of affordable housing in the City, the condition of
affordable housing in the City, and the level of compatibility
within the community that is expected by the City Council,
Agency Board and the Authority Board,
NOTICE: This Plan is intended to establish policies where the
Authority/Agency has discretion under the applicable
law. This Plan does not purport to change any of the
requirements of Federal or State Law. In the event any
discrepancy between this Plan and applicable law, the
law will prevail.
Palm Desert's affordable housing programs are successful
in part because of the solid foundation of policies,
procedures and regulatory provisions that have been
established. Our rental properties as well as our for -sale
housing programs have guidelines that provide for all
residents to be treated fairly under fair housing laws, and
equitably based on income and family size. The rental
properties, through a coordinated effort with staff, are
managed by a contracted professional property
Management and Operations — Rental Units 3 Effective 7/1/2008
Administrative Plan
Section 1 DEFINITIONS
Capitalized terms used herein shall have the following
meanings unless the context in which they are used clearly
requires otherwise. Code Sections or statutes that are
referenced herein may be amended from time to time and
shall be subject to the then current law unless stated
otherwise.
Adiusted for Family Size: Shall mean a standardized
household size for the purposes of renting units appropriate
for family size pursuant to Health and Safety Code Section
50052.5, which is one person in the case of a studio unit,
two persons in the case of a one -bedroom unit, three
persons in the case of a two -bedroom unit, four persons in
the case of a three -bedroom unit, and five persons in the
case of a four -bedroom unit.
Affordable Housing Cost: Shall mean a housing cost, as
defined by Title 25 CCR Section 6920, which is calculated
pursuant to California Health and Safety Code
Section 50052.5, as such regulations may be amended
from time to time.
Agency: Shall mean the Palm Desert Redevelopment
Agency.
AMI: Shall mean the Area Median Income for Riverside -
San Bernardino Metropolitan Statistical Area (SMSA), as
determined and published annually by the United States
Department of Housing and Urban Development ("HUD"),
pursuant to California Health and Safety Code Section
50093, and the regulations promulgated thereunder, or if
such agency shall cease to publish such an index, then any
comparable index published by any other federal or state
agency which is approved by the Agency. The AMI shall
be adjusted for family size in accordance with state
regulations adopted pursuant to California Health and
Safety Code Section 50052.5, as amended from time to
time.
Applicant: Shall mean a person or household that desires
to apply for tenancy at an Agency/Authority Property. See
also: Interested Household, Wait List Eligible Household,
and Qualified Household.
Assets: See Household Assets.
Authority: Shall mean the Palm Desert Housing Authority.
Authority Board: Shall mean the five members who serve
on the Palm Desert City Council, which is the governing
body for the Authority.
Caretaker: See Live-in Aide.
CCR: Shall mean the California Code of Regulations.
Child: See Minor.
Child Care Expenses: Shall mean a reasonable amount
paid by the household for the care of minors under 13
years of age where such care is necessary to enable a
family member to be employed.
City: Shall mean the City of Palm Desert.
City Manager: Shall mean the City Manager for the City of
Palm Desert.
County: Shall mean the County of Riverside, California.
Disability: Shall mean a physical or mental impairment that
substantially limits one or more of the major life activities; a
record of such impairment; or being regarded as having
such an impairment, as such terms are defined by, and
interpreted in accordance with, the Americans with
Disabilities Act.
Disability Program Participant: Shall mean a household
member who has been determined by the Commissioner of
Social Security to be unable to engage in any substantial
gainful activity by reason of any medically determinable
physical or mental impairment that has lasted or can be
expected to last for a continuous period of not less than 12
months or as more particularly defined under Section 223
of the Social Security Act.
Elderly Household: Shall mean a Household that consists
of one or two persons, one of which is over the age of 55,
or otherwise is qualified in accordance with California Civil
Code Section 51.11.
Exceptional Medical or Other Expenses: Shall mean
medical expenses, and/or unusual expenses, as defined in
this section, which exceed twenty-five percent (25%) of the
gross annual income.
Executive Director: Shall mean the Executive Director of
the Palm Desert Redevelopment Agency and the Palm
Desert Housing Authority.
Family: Shall also mean 'Household' within the Plan unless
otherwise stated. See also Household.
Grievance: A tenant's or applicant's right to seek review of
a decision from an impartial panel concerning
management's action or failure to act in accordance with
the individual tenant's lease or the Authority's policy and
procedures herein described that adversely affect the
individual's rights, duties, welfare, or status.
HCD: Shall mean the Department of Housing and
Community Development for the State of California.
HOME Funds: Shall mean monies allocated under a block
grant funding program made available through HUD
through allocations and reallocations, to strengthen public -
private partnerships and to expand the supply of decent,
safe, sanitary and affordable housing with target emphasis
on very low-income and low-income families in accordance
with the HOME Investment Partnerships Program Final
Rule - 24 CFR Part 92.
Household: Shall mean one or more persons intending to
occupy or occupying the same restricted unit, as more
particularly described in the Authority's Resolution No. 22.
Household shall also mean 'Family' within the Plan unless
otherwise stated.
Management and Operations — Rental Units
4 Effective 7/1/2008
Administrative Plan
Household Assets: Shall mean those assets defined under
Title 25 CCR Section 6914 includable as monthly income
as prescribed therein.
HUD: Shall mean the U.S. Department of Housing and
Urban Development.
Income: Shall mean income that a person or household
has received or is expected to receive as more particularly
categorized and described below:
Annual Income: The anticipated total annual income of
a household from all sources for the 12-month period
following the date of determination of income,
computed in accordance with Title 25.
Household Income: Shall mean the total of all income
received by a household which is included under Title
25 CCR Section 6914 less deductions and exemptions
specified therein.
Gross Income: Shall have the meaning ascribed to
such term in Title 25 CCR Section 6914, as such
regulations may be amended from time to time.
Maximum Household Income: Shall mean the
household income calculated based on family size that
may be equal to but does not exceed 120 percent of
AMI. Household incomes exceeding 120 percent will
not be eligible for the Agency's or Authority's
programs.
Net Income: For the purpose of determining affordable
housing cost or affordable rent, "net income" shall be
computed as follows: the annual gross income less
$300 for each minor and medical expenses which
exceed 3 percent of the annual gross income and
unusual expenses, all divided by 12.
For the purposes of this Plan, "Income" shall not
include the income of Live -In Aides.
Income by Unit Allocation: Shall mean the allocation
provided by the Authority to the property manager for the
purposes of blending the qualified household and tenant
incomes among the properties.
Income Category: Shall mean the average income
percentages within each income level. In the case of Very
Low Income shall include household incomes from 20
percent up to 50 percent in the following categories: 20, 25,
30, 35, 40, 45 up to 50 percent; in the case of Low Income
shall include household incomes from 51 percent up to 80
percent in the following categories: 55, 60, 65, 70, 75, 80;
and in the case of Moderate Income shall include
household incomes from 81 percent up to 120 percent as
one category.
Income Level: Shall mean a household determined by
income to be either very low, low or moderate income
pursuant to the definitions prescribed herein.
Interested Households: Shall mean a person or household
that desires to apply for tenancy at a Property that contains
restricted units. See also: Applicant.
Jurisdiction: Shall mean the legal jurisdiction of the
Authority, which is the city limits of Palm Desert.
Live-in Aide: Shall mean a person who resides with one or
more elderly persons or persons with disabilities, who is not
a relative or spouse of any person in the household, and
has been determined by the Authority that the supportive
services to be provided are essential to the care and well-
being of such elderly person or person with disabilities.
Low Income Household: Shall mean persons and families
meeting the income qualification limits set forth in California
Health and Safety Code Section 50079.5 and Title 25 of
the California Code of Regulations Section 6910, et seq.,
as the case or context may require, as such statutes and
regulations may be amended from time to time.
Manager: Shall mean the contracted property management
company for the Authority.
Medical Expenses: Shall mean those medical expenses not
included as extraordinary or unusual expenses, which are
to be anticipated during the 12-month period for which the
gross income is computed, and which are not covered by
insurance (however, premiums for such insurance may be
included as medical expenses). Medical expenses defined
herein shall be deducted for qualified disabled persons and
elderly households only.
Minor: Shall mean a member of the household other than
the head of household or spouse, who is under 18 years of
age.
Moderate Income Household: Shall mean persons and
families meeting the income qualification limits set forth in
California Health and Safety Code Section 50093 and Title
25 of the California Code of Regulations Section 6910, et
seq., as the case or context may require, as such statutes
and regulations may be amended from time to time.
Notice of Denial: Shall mean the notice provided to the
household when it is ineligible, not qualified or is no longer
qualified.
Plan: Shall mean this Administrative Plan (also referred to
as The Plan).
Public Housing Aaencv: Shall mean any State, County,
municipal or other government entity or public body (or
agency or instrumentality thereof) that is authorized to
engage in or assist in the development or operation of
housing for very low, low, or moderate income households.
Qualified Household: A person or household whose total
household income does not exceed the limits established
by the Plan and who have provided documentation as
required herein to demonstrate he, she or it is qualified to
occupy a restricted unit.
RCHA: Shall mean Riverside County Housing Authority.
Property: Shall mean a multi -family or senior residential
apartment complex, or any part thereof, that is owned,
operated or controlled by the Agency or Authority, including
but not limited to those properties listed in Exhibit A.
Management and Operations — Rental Units
5 Effective 7/1/2008
Administrative Plan
Property Manager: The manager assigned by the Manager
for day-to-day operations for a specific affordable
residential property.
Rent: Shall mean the amount charged as a fee for
occupancy for a particular restricted unit pursuant to
Resolution HA-32 and categorized below:
Affordable Rent: Shall mean rent calculated in
accordance with Health and Safety Code Section
50053 for a very low, low or moderate -income
household. Affordable rent shall include a reasonable
allowance for utilities.
Maximum Rent: Shall mean the maximum rental rate
set for a particular type of unit at a specific Property,
without regard to utility allowance, based on a bi-
annual market survey. Such rate shall be adjusted in
the non -surveyed year by the AMI percentage change
as more particularly described in Resolution No. 32
adopted August 24, 2006 or any amendments thereto.
Tenant Rent: Tenant Rent is the total monthly tenant
payment to the Authority as determined by
certification, recertification, or outside assistance.
Tenant Rent may or may not be the total paid as Unit
Rent for a particular unit.
Unit Rent: Shall mean the total rent charged for a
particular Agency or Authority owned, operated or
controlled unit, including those amounts accepted from
a third party for the purposes of rental assistance or
housing expense.
Rent Burdened: Shall mean a household that is paying
more than 30 percent of household income for rent and
utilities.
Restricted Units: Shall mean an affordable housing unit that
is owned, operated or controlled by the Agency or
Authority.
Senior: Shall mean a person who is at least 55 years of
age or older.
Tenant: Shall mean a person or household that has signed
a residential lease to occupy or is currently occupying a
restricted unit.
Title 25: Shall mean Title 25 of the California Code of
Regulations Section 6910, et seq., as it pertains to income
and household size for households whose income is very
low, low or moderate, as may be amended from time to
time.
Unusual expenses: Shall mean amounts paid by the
household for the care of minors under 13 years of age or
for the care of disabled or handicapped family household
members, but only where such care is necessary to enable
a family member to be gainfully employed, and the amount
allowable as unusual expenses shall not exceed the
amount of income from such employment.
Utilities: Shall include electricity, gas, other heating (hot
water heat), refrigeration and cooking fuels not paid by the
Agency or Authority. Utilities may include water, trash and
Management and Operations — Rental Units
sewer if not paid by the Agency or Authority. Telephone,
Cable, Digital Services and Internet Connection costs are
not included as utilities.
Utility Allowance: The amount equal to the
estimate established by the RCHA under Part 965
of the Code of Federal Regulations of the monthly
cost of a reasonable consumption of such utilities
and other services for the unit by an energy -
conservative household consistent with the
requirements of a safe, sanitary, and healthful
living environment applicable for each unit type
and equipment. See Exhibit C.
Veteran: A person who has served in the active
military or naval service of the United States at
any time and who shall have been discharged or
released there from under conditions other than
dishonorable.
Very Low Income Household: Shall mean persons
and families meeting the income qualification
limits set forth in Califomia Health and Safety
Code Section 50105 and Title 25 of the California
Code of Regulations Section 6910, et seq., as the
case or context may require, as such statutes and
regulations may be amended from time to time;
provided, however, that such income is at least 20
percent of AMI.
Wait List Eliaible Households: Shall mean persons
and families who have provided the
documentation and/or information required
demonstrating that they meet the minimum
eligibility requirements to be placed on a waiting
list. (See Section 3.3)
END OF SECTION 1
Section 2 ABOUT THE PLAN
Section 2.1 PURPOSE OF THE PLAN. The purpose
of the Administrative Plan (the Plan) is to establish program
guidelines, policies and procedures as they pertain to
Agency/Authority owned, operated or controlled properties.
This plan serves as the management plan for the rental,
improvement, preservation, maintenance and affordability
of Agency/Authority restricted units.
Section 2.2 APPLICABILITY OF THE PLAN. The
Plan shall apply to all members of interested households,
wait list eligible households, qualified households,
applicants and tenants applying for or residing in properties
identified in Exhibit "A" and any others that may be
controlled by the Agency or Authority from time to time.
Unless otherwise specified in the Federal or State funding
guidelines, the processes outlined herein shall also apply to
the tenants occupying an Authority unit who receive
Federal or State funding either directly or indirectly.
Federal and State laws shall prevail in the event the
policies and processes set forth herein are inconsistent
with any existing or enacted applicable law.
6 Effective 7/1/2008
Administrative Plan
Section 2.3 ADMINISTRATOR OF THE PLAN. The
administrator of the Plan shall be the Palm Desert Housing
Authority regardless of funding source or ownership of the
restricted units. The Executive Director of the Authority
shall have the authority to implement and administer the
Plan in accordance with the terms herein. In matters where
the Authority has discretion, waivers of existing policy shall
be determined by the Executive Director or his or her
designee. It is understood that references to either the
Agency or the Authority in the Plan shall mean both entities
unless clearly stated otherwise.
Section 2.4 FISCAL RESPONSIBILITIES. Before the
beginning of each fiscal year or as soon as possible after
an acquisition of property, the Authority Board will adopt
the property budget. The budget will include a projection of
revenue and all expenditures including professional
property management fees prior to being expended. A
written request to the Finance Director of the City will be
required to 'carry over' and unused capital and replacement
expense budget amounts from a prior year. The Authority
will follow procurement procedures in accordance with
applicable law.
Section 2.5 EQUAL OPPORTUNITY. It is the policy
of the Agency, the Authority and it's agents to comply fully
with all federal, state, and local anti -discrimination laws,
including but not limited to Title VI of the Civil Rights Act of
1964; Title VIII and Section 3 of the Civil Rights Act of 1968
(as amended by the Community Development Act of 1974);
Executive Order 11063 as strengthened by Congress in
1992; the Fair Housing Act of 1968, as amended; the Age
Discrimination Act of 1975; the Americans with Disabilities
Act (ADA) of 1990; and the U.S. Department of Housing
and Urban Development regulations governing fair housing
and equal opportunity; and any legislation protecting the
individual rights of residents, applicants or staff which may
be subsequently enacted.
It is the Authority's policy to post required notices in
conspicuous, public locations throughout the property as
required by such notice.
It is the Authority's policy to ensure meaningful access
to limited English proficient (LEP) persons. The Authority
may translate certain documents related to the Plan as well
as those required by law to assist persons with LEP.
Notwithstanding this provision, the English version of all
documents signed by the tenant will govern. Reasonable,
necessary steps will be established by the Manager in
order to make certain that no eligible person has their
assistance denied, decreased or terminated simply
because they face challenges communicating in English.
Section 2.6 PROPERTIES. Properties include those
properties currently operated by the Authority, listed in
Exhibit "A" as well as any property or development that
comes under the direction, control or is acquired by the
Agency or Authority. Each of the properties has its own
design, decor, personality and sense of community. Each
of the properties may from time to time have resident
programs or outside services including coin operated
laundry facilities, health screenings, low cost
immunizations, or licensed childcare facilities. Services
vary by location and are provided by an outside service
provider qualified to offer such services and are not
contracted for by the Authority or the Manager. Information
on these outside services may be obtained from the
Manager. Those properties designated as senior serve only
elderly households. All other properties operated by the
Authority are to be open and made available to all qualified
households.
END OF SECTION 2
Section 3 TENANT SELECTION AND WAITING LIST
PROCEDURES
The Authority has found that demands for its affordable
rental housing exceed supply. In order to identify
households that have interest in restricted units, waiting
lists will be established for each property as herein
described. Wait List Eligible Households will be assigned a
position on the waiting list by income category and
household size.
Section 3.1 WAITING LIST INTEREST
REGISTRATION FORM. All Interested Households must
complete an interest registration form referred to as a
"Guest Card." The purpose of the form is to allow the
Authority to determine placement on the waiting list based
on the information provided by the Interested Household.
Interest registration forms will be accepted by phone, by
mail, by physical delivery to the individual property
management office.
Section 3.2 ESTABLISHMENT OF WAITING LISTS.
Waiting lists will be maintained for each property for each
Income Category at or below 120% of the County median.
Waiting lists for transfers will also be maintained for each
property in accordance with this Section 3.
Section 3.3 ELIGIBILITY FOR WAITING LIST. In
order for an Interested Household to become a Wait List
Eligible Household and be placed on the waiting list, the
Interested Household must meet income eligibility
requirements based on the AMI for Riverside County. The
Interested Household will also be required to meet
additional permissible criteria established by the Authority
pursuant to Title 25 that include but are not limited to the
following:
Section 3.3.1 Must provide income and assets for
all household members over the age of 18 (except for Live -
In Aides), which in aggregate does not exceed Maximum
Household Income.
Section 3.3.2 Must provide names and ages of all
household members.
Section 3.3.3 Must disclose any allowable
preferences at time of interest.
Section 3.3.4 Current address and contact
information.
Section 3.4 PLACEMENT ON THE WAITING LIST.
All Wait List Eligible Households will be placed on the
appropriate affordable waiting list according to allowable
Management and Operations — Rental Units 7
Effective 7/1/2008
Administrative Plan
preferences, current income, and in the date/time order in
which applications are received. Wait List Eligible
Households must update the information provided to the
manager as necessary during the wait list period in order to
remain a Wait List Eligible Household.
Section 3.5 NOTIFICATION OF AVAILABLE UNIT.
Once the Manager identifies a restricted unit that will
become available, Wait List Eligible Households will be
notified by U.S. mail and upon request, telephone and will
be given 10 days from the date of mailing of notice to
respond to the Manager. Wait List Eligible Households will
be notified by telephone (as a courtesy) if only a telephone
number is provided. Failure of the Wait List Eligible
Household to respond within the above time frame above
will result in removal from the waiting list. In accordance
with this Section, it is the Wait List Eligible Household's
responsibility to keep the waiting list information current at
all times. In the event contact is not possible due to
insufficient or out of date information on file, the Wait List
Eligible Household will no longer be deemed 'eligible' and
will be removed from the waiting list without further notice.
Section 3.6 NOTIFICATION BY WAIT LIST
ELIGIBLE HOUSEHOLD OF INCOME OR HOUSEHOLD
CHANGES. During the wait list period, any changes to the
information provided by the Wait List Eligible Household
must be provided to the property manager of the individual
property to ensure its placement on the waiting list under
the correct income category. At the time the updated
information is provided, if the revised household income
changes the income category for the Wait List Eligible
Household but remains under 120% of the AMI, the
household wilt remain 'eligible' but will be placed at the
'bottom' of the new income category list and notified of the
change.
Section 3.7 WAITING LIST MAINTENANCE AND
NOTIFICATION OF CONTINUED INTEREST. Applicants
on the waiting list shall confirm every two years that all
information is current and timely. The Wait List Eligible
Household must notify the individual property management
office within 10 calendar days (but not more than 60
calendar days) prior to the two-year anniversary of
placement on the list, that the household wishes to remain
on the list (continued interest). Failure to notify the property
management office within the time frame will result in
removal from the waiting list. The Wait List Eligible
Households will not be removed from waiting list unless:
the household has been on the waiting list for two years
and has not declared its continued interest in the program;
the household fails to respond to a written request for
information; the household fails to keep the information
current making contact by the property management office
not possible; the household misses a scheduled
appointment without prior notification to reschedule; the
household requests in writing that the household's name be
removed; the household's income or family size has
exceeded the limits of the program; or any information or
documentation that deems a Wait List Eligible Household
to be ineligible (includes the lack of documentation proving
eligibility).
Section 3.8 ALL UNITS ARE AFFORDABLE. No units
owned or operated by the Agency or Authority will be
intentionally rented to families above moderate income as
Management and Operations — Rental Units 8
defined herein. In the event units are no longer required to
be affordable, then the units that are identified as above
moderate income, will be rented on a first come, first
served basis regardless of income and family size, at the
maximum rent as established by the Authority Resolution
No. HA 32. Policies of the Plan apply to all tenants
regardless of income or family size.
Section 3.9 PREFERENCES. Each Wait List Eligible
Household will be placed on the applicable affordable
waiting list according to allowable preferences. Such
preferences must be disclosed at such time as the
Interested Household has completed the interest
registration form or upon eligibility for said preference,
whichever occurs first.
Section 3.10 SELECTION FROM THE WAIT LIST
UPON UNIT AVAILABILITY. Notwithstanding Section
3.10.4 herein, when a vacancy occurs, a Wait List Eligible
Household will be selected to apply as an Applicant for
tenancy in the following manner: first from the appropriate
income waiting list that satisfies the property's Income by
Unit Allocation, then by household size appropriate for the
unit in accordance with Authority Resolution HA-22.
The household income of an Applicant at the time a
restricted unit becomes available will be used to determine
the appropriate income category for the Applicant. If at the
time a restricted unit becomes available, the Applicant's
income is different than the waiting list income category
they are selected from, they will be returned to a 'Wait List
Eligible Household' status and placed on the appropriate
income category waiting list in accordance with the waiting
list procedures. The household will be placed at the
'bottom' of the new income category list and notified of the
change.
If there are no Wait List Eligible Households in the
appropriate income category, the next Wait List Eligible
Household will be selected from the next lower income
category.
Upon being selected to apply for tenancy the Applicant
will then be required to complete the application process to
determine whether they are a Qualified Household under
the Plan as more particularly described in Section 4 and 5.
Section 3.10.1 Property Income Composition and
Income by Unit Allocation. From time to time the Authority
may modify the tenant income composition of the property
so as to not concentrate a higher percentage of one
income level at one property. The Authority will select
tenants by income in a manner to ensure decent, safe and
sanitary housing and create a suitable living environment
that fosters economic and social diversity in the tenant
body as a whole by preparing an allocation for this purpose
(Income by Unit Allocation).
Section 3.10.2 Unit under/over utilization. To
avoid overcrowding and prevent underutilization of
restricted units, households will be selected in accordance
with Agency Resolution No. 484, Authority Resolution No.
HA-22, the "Policy on Occupancy Standards."
Section 3.10.3 Offer and Acceptance of a
Restricted Unit. Once an Applicant is deemed a Qualified
Effective 7/1/2008
Administrative Plan
Household, the household will be offered an available
restricted unit appropriate for the household composition.
The Qualified Household has an option to accept or decline
the restricted unit, one time, without any effect on its
position on the waiting list. A Qualified Household that
declines more than one restricted unit will be removed from
the waiting list, except to the extent the Qualified
Household declines due to a disability or other reasons
protected by law.
The Authority will take into consideration
the needs of the individual household's based on
family composition and Fair Housing guidelines
when identifying restricted units that become
available to the selected household.
Upon acceptance of the restricted unit,
the Qualified Household will be notified, by
telephone and/or in writing of the anticipated date
the restricted unit will be available for occupancy.
Section 3.10.4 Unit Availability and
Transfers. The type of unit that becomes available will
determine whether the next Wait List Eligible Household is
selected or other special accommodation is made including
an existing tenant transfer. Emergency Transfers will have
first priority. Disabled Person Accommodations, Required
transfers and Medical transfers will have priority in that
respective order. Requested transfers will be added to the
bottom of the appropriate waiting list unless the request is
being considered both by management and the tenant for
purposes of mutual benefit to the parties.
3.10.4.a. Emergency Transfer:
A transfer of an existing tenant that is necessary due to an
emergency condition. Emergency conditions are generally
life safety issues that require immediate vacation of the
restricted unit.
3.10.4.b. Disabled Person
Accommodation: A reasonable accommodation made in
accordance with the Americans with Disabilities Act,
Section 503 of the Rehabilitation Act of 1973, the Fair
Housing Act or applicable state disability law.
3.10.4.c. Reauired Transfer: A
transfer that is necessary when a tenant's unit is no longer
suitable in accordance with the Authority 's occupancy
standards.
3.10.4.d. Medical Transfer: A
transfers that is necessary when a tenant provides a
verifiable medical reason for such transfer.
3.10.4.e. Requested Transfers:
A transfer that is requested by an existing tenant for
reasons of benefit to the tenant alone other than the
reasons in Sections 3.10.4 a. through d. above.
Section 3.11 Conflicts Prohibited. No person who is
employed by the Authority, the Agency or the City and who
exercises functions or responsibilities with respect to the
Properties or programs govemed by this Plan, or any
person with business or family relationships with such a
person, may, during the period of employment and for one
Management and Operations — Rental Units 9
year thereafter, apply for or occupy a restricted unit in the
Properties or obtain any other benefit under the programs
governed by this Plan.
END OF SECTION 3
Section 4 APPLICATIONS AND HOUSEHOLD
QUALIFICATION
Once a Wait List Eligible Household is selected as an
Applicant in accordance with Section 3, the Applicant must
submit a completed application in the form acceptable to
the Manager that includes the requirements,
documentation, verifications, authorizations and
certifications required by this Section.
Section 4.1 APPLICATION. The completed application
will require that the Applicant provide the following:
Section 4.1.1 Contact Information. Current
address and contact information for the Applicant.
Section 4.1.2 Income. Income information for all
household members over the age of 18 (except for Live -In
Aides), which includes but is not limited to tax returns, pay
stubs, bank statements, unemployment earnings
statements, and disability or social security earnings
statements.
Section 4.1.3 Assets. Asset information for all
household members over the age of 18 (except for Live -In
Aides) which includes but is not limited to any interest in
real property other than a primary residence, savings
accounts, stocks, bonds, and other forms of capital
investments.
Section 4.1.4 Affordable Requirements. Must
provide necessary documentation to verify affordable
criteria has been met by all household members in
accordance with Section 4.3.
Section 4.1.5 Applicant Lease Requirements.
Must provide necessary documentation to verify applicant
lease requirements have been met by all household
members in accordance with Section 4.2.
Section 4.1.6 Identification. All members of the
household must provide proof of identification, birth
documents for each family member, a current driver's
license, or equivalent, for copying.
Section 4.1.7 ConsentNerification Forms.
Authorization and/or signed consent forms to verify or
obtain income, assets, tenant history, background checks
(including criminal) and credit reports for all household
members over the age of 18. All household members who
authorize release of information or background checks
have the right to privacy in accordance with federal law.
Section 4.1.8 Application Fee. One $30.00 non-
refundable application fee is required for each Applicant
except as provided in that certain Stipulation for Entry of
Effective 7/1/2008
Administrative Plan
Judgment, Riverside County Superior Court Case No.
INDIO 51124.
Section 4.1.9 Other Information. Any other
information deemed necessary by the Authority to
determine eligibility.
Section 4.2 APPLICANT LEASE REQUIREMENTS.
The following lease requirements will apply to all members
of Interested Households, Wait List Eligible Households,
and Applicants:
Section 4.2.1 Aqe Requirements. Lease holder(s)
must be 18 years or older. All occupants 18 years or older
(except for Live -In Aides) must sign the lease for the
restricted unit and comply with all requirements of the Plan.
Section 4.2.2 Income HistorvNerification. Except
for retired persons, Disability Program Participants or other
persons receiving similar governmental assistance or lease
holder(s) must be employed by current employer for at
least one full year or have been employed with prior
employer for a minimum of one full year and must provide
one month of pay stubs for income verification.
Section 4.2.3 Self -Employment. Lease holder(s)
that are self-employed must provide copy of previous
year's personal tax returns and copies of personal bank
statements for the three months prior to date of the lease.
Section 4.2.4 Lease Income Requirement.
Notwithstanding income requirements in Section 4.3.1
income must be at least 2 % times the rental rate for the
restricted unit in order to be considered for occupancy.
Section 4.2.5 Rental History. Must provide 1 to 3
years of verifiable rental history from a property
management company, real estate company or mortgage
company. Private owner history will be accepted only if
proof of payment can be furnished, i.e. canceled checks.
Section 4.2.6 Credit Requirements. Credit should
be in good standing, with no outstanding judgments.
Bankruptcies must be re-established for two years with
strong employment and rental history. Bankruptcy must not
include foreclosure on a home or amounts due from prior
apartment rental.
Section 4.2.7 Criminal Backaround. A state and
nationwide criminal background check will be conducted for
every household member over 18, to ensure that applicants
meet minimum criteria in accordance with Exhibit B. The
Authority has a zero tolerance policy for drug -related
activity and violent criminal activity. Any conviction for
criminal, violent behavior or drug activity is grounds for
denial. Applications will also be denied for any activity that
could prove to be detrimental to the health and safety or
right to peaceful enjoyment of the other tenants.
Section 4.3 AFFORDABLE QUALIFICATION
REQUIREMENTS. All households must meet the
affordable qualification requirements listed in this section
as well as those requirements listed under the Applicant
Lease Requirements section of this Plan in order to
become a Qualified Household under this Plan.
Section 4.3.1 Household Income Criteria.
Management and Operations — Rental Units
Households applying for tenancy in a restricted unit must
have a household income (not including that of Live-in
Aides) of not less than twenty percent (20%) of the AMI
and not more than one hundred twenty percent (120%) of
the AMI. Household incomes will be categorized as very
low, low, or moderate pursuant to the definitions applied
herein.
Section 4.3.2 No Ownership in Real Property or
Mobilehomes. No intended occupant of the restricted unit
may have owned real property that includes a habitable
dwelling unit within the last two years. The only allowable
exception is where the applicant has filed court documents
for dissolution of marriage or legal separation. Proof of the
courts disposition as to the habitable dwelling unit will be
required upon receipt by applicant. Proceeds from the sale
of real property will be considered as part of the
household's income pursuant to Title 25.
Section 4.3.3 Certification And Recertification Of
Eligibility. Applicants and/or Tenants must agree to provide
the documentation prior to lease signing and again prior to
lease renewal to certify that the tenant household is eligible
within these guidelines.
Section 4.3.4 Proof Of Income. Proof of income is
required of all occupants over the age of 18 (except for
Live -In Aides].
Section 4.3.5 Chanaes In Income. Applicants and
existing tenants must agree to notify management of any
changes in income of more than 25% of certified income.
Section 4.3.6 Primary Residence Requirement.
Applicant must agree that the restricted unit will be the
primary and sole residence of all occupants listed on the
lease agreement.
Section 4.3.7 Other Housing Assistance. Any
intended occupants or households receiving other housing
assistance must disclose the source and amount at time of
application or immediately upon receipt of such assistance
whichever occurs first. Tenant rent will be adjusted
accordingly. Households covered by this section will follow
the same policies and procedures to be placed on the wait
list of affordable housing. Households covered by this
section will be qualified based on the affordable criteria of
the assistance provider but will be subject to the remainder
of the Plan including Sections 5 and 6.
Section 4.4 CREDIT CHECKS. BACKGROUND
CHECKS. AND DOCUMENTATION VERIFICATIONS.
Subject to the requirements of this Section, all household
members over the age of 18 will be required to sign the
documents below in order for the Manager to complete a
review of the requirements of this Section.
Section 4.4.1 Applicant Certifications and
Verifications:
4.4.1.a. Authorization for
Release of Information Form;
4.4.1.b. Application and/or
Tenant Income Certification;
10 Effective 7/1/2008
Administrative Plan
4.4.1.c. Certification that all
prospective household members over the age of 18 have
read and understand the eligibility requirements in this
Plan;
4.4.1.d. Certification that all
information is true and complete, that all changes in
income and/or household composition will be reported, that
all relevant prior housing assistance has been reported,
and that the restricted unit will not be a duplicate residence,
and acknowledging the potential for criminal and
administration actions for false information;
4.4.1.e. Release of information
at current or prior addresses for rental verification(s);
4.4.1.f Certification that no child
support income is received or, for those who have an open
case with Riverside County Child Support Services,
certifying that all income from Child Support has been
disclosed;
4.4.1.q. Verification that all
Alimony/Family Support has been disclosed, when
applicable; and
4.4.1.h And any other
certification or verification form deemed necessary by the
Manager to satisfy a requirement of this Plan.
Section 4.4.2 Credit reports and
background checks will be obtained for every family
member aged 18 years or older in accordance with Exhibit
B. Information provided in such reports will be used in
determining eligibility for a restricted unit and any one or
more of the following findings for any of the intended
occupants will result in the denial of the rental application
or continued tenancy:
4.4.2.a Amounts owed to any
Public Housing Authority, Federal, State or Local housing
assistance program.
4.4.2.b Fraud in connection with
any Public Housing Authority, Federal, State, or Local
housing assistance program.
4.4.2.c An eviction from any
Agency property, Authority property, Public Housing
Authority, a housing unit deemed 'affordable' in the City, or
property by which the Agency, Authority or Public Housing
Authority has or had control at the time of tenancy.
4.4.2.d An eviction from any
rental housing.
4.4.2.e Any conviction for
activity that would be a violation of the crime -free, drug -free
housing policy of the Manager.
4.4.2.f A person who is subject
to a lifetime registration requirement under a Federal, State
or County sex offenders' registration program. Due to the
location of restricted units near schools and playgrounds, a
person subject to a registration requirement for a stated
period of time will be denied during such registration
period.
Management and Operations — Rental Units 11
4.4.2.q Falsification of
identification (includes but is not limited to: birth certificates,
government issued identification or documents,
identification cards or licenses, social security numbers or
cards).
4.4.2.h Falsification or
concealment of iincome, assets or documentation for the
purpose of obtaining assistance.
4.4.2.i False statements or
willful omissions made at any time during eligibility,
qualification, the application process, or subsequent
leasing and tenancy for the purpose of obtaining
assistance.
Section 4.5 ADDITIONAL DOCUMENT
SUBMITTAL. Once the application has been submitted,
any additional documents required by the Manager, must
be submitted within ten (10) days or ten (10) days from the
date the additional documents were requested whichever is
later. If the Eligible Household is unable to obtain
documents within specified time frame, an extension of ten
(10) days may be requested. Failure of the household to
provide, obtain or authorize necessary documentation or
background checks will be cause for the application to be
denied. After a denial pursuant to this section, the
household would be required to contact the property
manager and request that it be added to the bottom of the
appropriate waiting list as an Interested Household.
Section 4.6 APPLICATION ACCURACY. All
information in the completed application is required to be
as accurate as possible to prevent any discrepancies
and/or cause a denial of application. This includes any
requirements in this Section or the Plan.
Section 4.7 APPLICATION APPROVAL/DENIAL.
Upon receipt of a completed application, the Manager will
process the application including verifications of income(s),
assets, tenant histories, background checks and credit
reports. Upon satisfactory review of all documentation
required by this Section, the Applicant will be notified via
mail of approval for tenancy. If the application is approved,
the household shall be deemed a Qualified Household. If
the application is denied, the applicant shall receive written
notice of ineligibility including the reasons for the denial,
and shall have the right to appeal through the Grievance
process in accordance with Section 8.
END OF SECTION 4
Section 5 LEASING POLICIES AND PROCEDURES
The Authority operates the restricted units with leasing
standards that will ensure the continued success of our
affordable programs as well as comply with fair housing
laws. The Authority and its representatives, including
management company personnel, will not discriminate
against any person on the basis of race, creed, color, sex,
religion, national origin, familial status, sexual orientation,
political beliefs, disability or handicap. Prior to admission
into a unit, all adult household members that will be
residing in the unit must sign a lease.
Section 5.1 RESIDENTIAL LEASE AND
ADDENDUMS. Once an Applicant becomes a Qualified
Effective 7/1 /2008
Administrative Plan
Household, a residential lease will be signed by the
household members required under Section 4. The
residential lease may include addendums that satisfy the
requirements of this Section and will be considered a part
of the residential lease. No tenant will occupy a unit without
an executed residential lease. Only at such time as the
tease is fully executed will it become enforceable.
The residential lease will include the following
information:
Section 5.1.1 Effective Dates or Term of the
Lease.
Section 5.1.2 Parties to the Lease: all occupants
listed and designated as adults or minors.
Section 5.1.3 The unit location or apartment
number.
Section 5.1.4 The maximum occupancy
Section 5.1.5 The terms including but not limited
to: the rental rate and date due, late charges, returned
check charges, methods of payments, location where rental
payments are accepted, prorations, deposit requirements
and allowable uses, cable cost, gate access, utility
payment requirements or adjustments, assigned parking
space designations and any rent incentives in effect.
Section 5.1.6 The policies of the property as
updated from time to time, also known as the House Rules
and Regulations, will include but not be limited to:
'Noise
• Personal property responsibility
•Waterbeds
• Liabilities
•Housekeeping
• Crime/drug free housing
• Plumbing
. Use of patio/balconies
' Damage
Appliance agreements
•Vehicles and vehicle parking
• Satellite dish and/or antennas
•Security
•Pet or Companion Animal Policy
•Lockout policy
• Guest and Visitor occupancies
• Absences from the restricted unit in excess of
three (3) weeks including vacations, military duty,
medical conditions or to care for a family member
not residing at the unit due to serious illness
• Unit inspections
• Amenity Area guidelines
Apartment condition, alterations, and damages
.Subletting, Assigning, Subleasing
Tenants and all members of the household over the
age of 18 will be required to acknowledge receipt of such
Rules.
The Manager will notify tenants of any violations of
property rules, regulations and all other violations of tenant
leases in writing, and where applicable noticed in
accordance with applicable law covering such a violation.
Management and Operations — Rental Units 12
Section 5.1.7 The policies and regulations
regarding notices for vacating.
Section 5.1.8 The policies with regard to
condemnation.
Section 5.1.9 The policies regarding attorney's
fees and costs.
Section 5.1.10 Notice of applicable laws, i.e.,
Megan's law, Lead -Based Paint, Mold, etc.
Section 5.1.11 Policies imposed as a part of
participating in the Authority's affordable housing program,
if applicable (i.e., annual recertification requirements).
Section 5.1.12 Policies on Maintenance and entry
to restricted units, smoke detector/alarm responsibilities,
and definitions of normal wear and tear.
Section 5.1.13 Policies on Standard Maintenance
and Emergency Repairs.
Section 5.1.14 Policies on Insurance for Renters
and Personal Property.
Section 5.1.15 Signatures of Tenant (and all
members required to sign) and Owner or Owner's Agent.
Section 5.2 LEASE DEPOSITS. Balance of deposit,
move -in prorates and the first full month of rent must be in
the form of a money order or cashier's check.
Section 5.3 LEASE PAYMENTS AND LATE
CHARGES. All payments for rent and late charges will be
paid at a location slated in the Residential Lease.
Section 5.3.1 Rent is due on the 1st of each
month.
Section 5.3.2 Rent is late after the close of
business on the 5m at 5:00 p.m. PST unless otherwise
provided in the lease agreement.
Section 5.3.3 Late fees will be imposed at 5:01
p.m. PST on the 5`" of each month.
Section 5.3.4 All payments of rent, late charges,
attorneys fees, cable or any other payments made to
management offices are to be made by personal check*,
money order, or cashier's checks directly to the
management office. NO CASH PAYMENTS FOR RENT
WILL BE ACCEPTED except for a Three (3) Day Pay or
Quit payment.
Section 5.3.5 Payments will be accepted at the
location stated in the residential lease, unless notified in
writing by the Manager of an alternate acceptable location
ten (10) days prior to rent due date.
*Personal checks will be accepted so long as there have
been no checks returned for non -sufficient funds in the
previous 12 months.
Section 5.4 LEASE AMENDMENTS. All amendments
to leases must be in writing and signed by both parties.
Effective 7/1/2008
Administrative Plan
Oral agreements or modifications will not be enforceable
and shall be void unless written and signed by both parties
at the time of agreement.
Section 5.5 LEASE MODIFICATIONS. Lease
modifications will be made to the residential lease form as
necessary to accommodate any changes of the affordable
program, clarification to policies or applicable laws.
Section 5.6 PRE -OCCUPANCY INSPECTION. An
authorized representative of the Manager and an adult
member of the household will inspect premises prior to
commencement of occupancy. A move -in inspection form
indicating conditions of premises will be made, signed, and
filed in applicant file.
Section 5.7 RENTAL RATES
Section 5.7.1 Setting Rental Rates. Rents will be
established annually as set forth in Resolution No. HA-32
adopted August 24, 2006, "Procedure for Setting Rental
Rates".
Section 5.7.2 Rental Rents Based on Standard
Occupancy. Rents will be established pursuant to California
Law Health and Safety Code Section 50052.5 as it relates
to standardized occupancy based on unit size, which is one
person in the case of a studio unit, two persons in the case
of a one -bedroom unit, three persons in the case of a two -
bedroom unit, four persons in the case of a three -bedroom
unit, and five persons in the case of a four -bedroom unit.
Actual occupancies of each unit will be in accordance with
Resolution HA-22.
Section 5.7.3 Household Rent. Individual
household rent shall be established after compilation of all
household members' sources of incomes, assets and
allowable deductions, and proper notification.
Section 5.8 MAINTENANCE AND ENTRY TO
RESTRICTED UNITS
Section 5.8.1 Inspection The Manager or its agent
or agents shall be allowed to enter the apartment as
provided by state law. Upon 24-hour notice, the Manager
may enter to inspect the condition of the premises and/or
appliances therein. In the event of an emergency, an
authorized representative of the Manager has the right to
enter the restricted unit without notice.
Section 5.8.2 Service Reauest It is the Tenant's
responsibility to call in all service requests to the property
office location. Tenants must allow maintenance staff
permission to enter the restricted unit to perform a
maintenance request in the event the Tenant is not home
or schedule an appointment during the maintenance hours
Monday through Friday, between 9:00 a.m. and 5:00 p.m.
All service request response will be within a 24-hour period.
Section 5.9 LEASE RENEWALS Leases under
consideration for renewal by the Manager must be renewed
prior to the stated expiration of the residential lease or the
tenant reverts to a month -to -month tenancy at the
maximum rental rate for the restricted unit.
Leases under consideration for renewal by the
Management and Operations — Rental Units
Manager for tenants that were previously deemed a
Qualified Household must recertify their eligibility status
annually in accordance with Section 6 below.
Section 5.10 NO SUBLETTING The leases shall
prohibit subleasing of restricted units in whole or in part.
Section 5.11 LIVE-IN AIDES A Live -In Aide will be
allowed, provided he or she is essential to the care and
well-being of an elderly or disabled person who resides
within a restricted unit. The Live -In Aide will be subject to
this Plan except where noted and will be required to sign a
consent for the purposes of a background check, proof of
qualification, and proof of employment as a live-in aide.
The Live -In Aide will also acknowledge acceptance of the
terms of occupancy in a restricted unit. The addition of a
Live -In Aide must not overcrowd the unit as prescribed in
the Occupancy Standards Resolution 484 and HA 22.
Section 5.12 PETS The leases shall require tenants to
comply with the pet policy attached as Exhibit D.
END OF SECTION 5
Section 6 RECERTIFICATION REQUIREMENTS
Section 6.1 REQUIRED ANNUAL RECERTIFICATION.
Qualified Households with a current lease will be required
to recertify annually to ensure the household remains a
Qualified Household. Failure to recertify will result in the
termination of tenancy.
Section 6.1.1 Recertification Appointments. The
Manager will set appointments with the tenant to bring in
the necessary documentation for income and household
recertification. Manager will set the appointment with the
tenant in advance of the lease renewal date so as to give
proper notice to the tenants of any rental rate adjustment.
A tenant that does not commit to an appointment with the
Manager, does not show up for an appointment, or does
not provide all the proper documentation will be given
notice of discontinuation of assistance and return to the
maximum rental rate at the end of the lease term, but no
later than 90 days from the date of the request for the
appointment by Manager.
Section 6.1.2 Recertification Documentation. The
Manager will request the necessary documentation for the
purpose of recertifying the household as a Qualified
Household, including but not limited to:
Section 6.1.2.a Income information for all
household members over the age of 18 (except for Live -In
Aides), which includes but is not limited to tax returns, pay
stubs, bank statements, unemployment earnings
statements, and disability or social security earnings
statements.
Section 6.1.2.b Asset information for all
household members over the age of 18 (except for Live -In
Aides), which includes but is not limited to any interest in
real property other than a primary residence, savings
accounts, stocks, bonds, and other forms of capital
13 Effective 7/1/2008
Administrative Plan
investments.
Section 6.1.2.c Must provide necessary
documentation to verify affordable criteria as listed in
Section 4.3 have been met by all household members.
Section 6.1.2.d Must provide necessary
documentation to verify applicant lease requirements in
Section 4.2.1 through 4 have been met by all household
members.
Section 6.1.2.e AD members of the household
must provide proof of identification for copying.
Section 6.1.2.f Authorization and/or signed
consent forms to verify or obtain income, assets,
identification and employment information for all household
members over the age of 18. All household members who
authorize release of information or background checks
have the rights to privacy under federal privacy laws.
Section 6.1.2.a Any other information deemed
necessary by the Authority to determine eligibility.
Section 6.1.3 Annual Recertification
Confirmation as a Qualified Household. Upon receipt of all
required recertification documentation required by this
section, the Manager will confirm that based on the
documentation provided by the household that the
household remains qualified. In the event the household's
income requires that the income category of the household
be changed in either direction, the Manager will adjust the
terms of the new lease to reflect the change in income
category. (The Manager will re -lease restricted units
according to the income by Unit Allocation through
vacancies to accommodate the change in income of
households during recertification.) In the event that a
household no longer can be deemed a qualified household
after recertification, the tenant will revert to a month -to -
month tenancy at the maximum rental rate for the restricted
unit for a period of not more than six (6) months at which
time, with proper Notices having been given, will vacate.
Section 6.2 CIRCUMSTANTIAL OR INTERIM
RECERTIFICATION. A circumstantial or interim
recertification may be conducted on a case -by -case basis
when deemed necessary, by Manager but only once during
the term of an executed lease. Such recertification would
initiate a new anniversary date for the revised or amended
lease. This review may occur for either of the following
reasons:
Section 6.2.1 Chances in Household
Size. Any increase or decrease in household size.
Section 6.2.2 Chanae of Household
Income. Any increase or decrease in household income in
excess of 25 percent.
Section 6.3 TEMPORARY RECERTIFICATION.
Recertification may be done on a monthly or quarterly basis
upon declaration by a Tenant that the household income
has temporarily decreased due to unemployment or
disability. Proof of unemployment or disability will be
required.
Section 6.4 ANNUAL INSPECTIONS. At least once
annually, an inspection will be conducted by the Manager
to verify that the tenants occupying the restricted unit have
maintained the unit in good condition. Such inspections will
be by appointment, but may or may not require the tenant
to be present.
Section 6.5 FALSE STATEMENTS AND WILLFUL
OMISSIONS. False statements or willful omissions made
during the recertification process may result in denial of
assistance or in the recapture by the Authority of the rental
assistance for the previous 12-month period.
END OF SECTION 6
Section 7 TERMINATION OF TENANCIES AND MOVE -
OUT PROCEDURES
Section 7.1 TERMINATION OF TENANCIES OTHER
THAN BY EVICTION. The procedures noted in this Section
7.1 do not apply to evictions.
Section 7.1.1 End of Lease Term. With proper
notice, as described in this section, the Manager or Tenant
may terminate a tenancy at the expiration of the residential
lease without reason or cause.
Section 7.1.2 During a Lease Term. A tenancy
may be terminated during a lease term without the
termination being deemed an eviction under the following
circumstances:
Section 7.1.2.a Death of the sole tenant
of a unit.
Section 7.1.2.b By abandonment of the
premises by the tenant as determined in accordance with
Civil Code section 1951.3.
Section 7.1.2.c By the determination by
the Manager of tenant ineligibility under this Plan.
Section 7.1.2.d By agreement of both the
Manager and the tenant.
Section 7.1.3 Notices to Vacate for
Termination of Tenancies Other Than by Eviction. All
notices will be given as provided for under California law.
Section 7.1.3a Tenant Notices
to Vacate. Tenants providing a written "Notice of Intent to
Vacate", the manager must give 30 days written notice to
the Manager or as prescribed by current law, or as such
law may be amended from time to time.
Section 7.1.3b Manaaement
Notices to Vacate. When the Manager provides a written
"Notice of Termination of Tenancy", the Manager must give
a 30, 60, or 90-day notice to the tenant in accordance with
applicable law. Under California law, notices provided at
the end of the lease term do not require reason or cause.
Management and Operations — Rental Units
14 Effective 7/1/2008
Administrative Plan
Section 7.1.4 Move -out Procedures. At
such time as a tenant or Manager provides a Notice to
Vacate as detailed in this section, inspections may be
requested and will be conducted in accordance with CC
§1950.5(f) as amended from time to time.
Section 7.1.4a Notice of Option
to Request an Initial Inspection. Tenants may request an
initial inspection of their unit upon providing a 30-day
vacating notice to the Manager. All pre -inspections must be
requested in writing by the tenant, otherwise the Manager
will not conduct one. Tenants may be present during any of
the inspections; however, the inspections may take place in
the absence of the tenant.
Section 7.1.4b Schedulina the
Initial Move -out Inspection. A mutually agreeable time and
date will be attempted to schedule the initial inspection. It
will not be scheduled more than two weeks prior to the
tenant vacating or the end of the lease date. Scheduling
should allow tenant ample time to perform repairs and/or
cleaning enumerated during the initial inspection. The
Manager will give tenant at least 48 hours notice of initial
inspection.
Section 7.1.4c Opting Out of a
Pre -Inspection. If the tenant does not request a pre -
inspection, the Manager will not conduct one. Upon the
tenant vacating, the Unit will be inspected to determine the
work necessary to prepare the unit to market and re -lease.
Tenants are strongly encouraged to request an initial
inspection.
Section 7.1.4d Inspection
Exceptions. The Manager is not required to perform an
initial inspection if the tenant has been served with any
form of eviction notice because the tenant has failed to pay
the rent, violated a provision of the lease or the rental
agreement, materially damaged the property, committed
nuisance, or used the property for an unlawful purpose.
Section 7.1.4e Inspection
Findings. All corrections identified during any pre -
inspection or final inspection will be noted and a copy will
be provided to the tenant as an itemized statement
specifying the repairs or cleaning that will be the basis for
deductions to the security deposit. Deductions cannot be
taken for conditions caused by normal wear and tear during
tenancy or previous tenancies, or for cleaning rental unit
that is as clean as it was when the existing tenant moved
in.
Section 7.1.4f Final Inspection.
A final inspection will be scheduled at the time of move -out.
The final inspection will be made to note any remaining
items not addressed by the Tenant that are still in need of
repair.
Section 7.1.5 Maintenance and Repairs
Necessary Due to Impendina Move -out. Any corrections
identified during an initial move -out inspection and noted on
the itemized statement may be corrected by the tenant by
performing any required maintenance as permitted during
the period following the initial move -out inspection through
the termination of the tenancy in order to avoid deductions
from the security deposit. The tenant may not perform any
Management and Operations — Rental Units 15
repairs that are prohibited by the rental agreement or lease.
Section 7.2 TERMINATION OF TENANCY THROUGH,
EVICTION. This Section 7.2 covers eviction policies and
reasons for commencing eviction proceedings.
Section 7.2.1 Reasons for Eviction.
Section 7.2.1a Violations of the
Lease. Violations of any of the lease terms may result in
termination of the lease and eviction. These include but are
not limited to, violations of the crime -free, drug -free housing
policy, disruptions of the peaceful enjoyment of other
residents in the community, any health and safety condition
caused by the tenant, the nature of which jeopardizes the
other residents of the community.
Section 7.2.1 b Non -Payment of
Rent. Processes for non-payment of rent and the
procedures for filing an unlawful detainer will follow the
procedures as outlined in the California Code of Civil
Procedures and the California Civil Code.
Section 7.2.1 c Misreoresentation
of Eliaibilitv Under the Plan. False statements or willful
omissions made for the purposes of obtaining or retaining a
restricted unit.
Section 7.2.2 Eviction Process.
Section 7.2.2a Eviction Notice.
Once it has been determined that the Manager will proceed
with an eviction, the Manager will serve the tenant with a
notice to voluntarily vacate the rental unit within the
specified time period.
Section 7.2.2b Verification of
Occupancy. After the tenant's Eviction Notice expires, the
Manager will attempt to verify occupancy. If the restricted
unit is still occupied and no arrangements have been made
to vacate, proceedings for a court ordered eviction will
commence. If the tenant has vacated, but has an
outstanding balance due for the tenancy or unit repairs and
the security deposit is insufficient to cover such costs, the
Manager will attempt to collect for the balance due and use
any remedies available including court action. In the event
there are sufficient monies available within the security
deposit to cover any amounts due from the tenant, the
deductions and/or refunds shall be made to the security
deposit in accordance with CC § 1950.5 as amended from
time to time.
Section 7.2.2c Unlawful
Detainer. An unlawful detainer will be filed with the superior
court in accordance with California law. This assures the
tenant the right to a court hearing if the tenant believes that
the Manager has no right to evict the tenant.
Section 7.3 REFUND OF SECURITY DEPOSIT.
Security deposit refunds will be processed in accordance
with CC §1950.5 as amended from time to time.
Section 7.3.1 Notification of Itemized Security,
Deposit Disposition. After inspection and assessment of the
conditions of the vacated unit, and after completing repairs
or receiving the invoice/receipt, the Manager will notify the
tenant of the security deposit disposition within ninety (90)
Effective 7/1/2008
Administrative Plan
days. The Manager will mail or deliver a copy of an
itemized statement indicating the detailed charges against
the security received and the amount to be refunded, if any.
Attached to the itemized statement to the tenant shall be
copies of invoices and charges incurred in order to clean or
repair the unit.
Section 7.3.2 Tenant's Entitlement to Security
Deposit. If tenant is not notified as to the disposition of the
security deposit within the required notification period in
Section 7,3.1, the tenant shall be entitled to 100 percent of
the original security deposit amount.
END OF SECTION 7
Section 8 GRIEVANCE PROCESS
Section 8.1 GRIEVANCE APPLICABILITY. This
grievance procedure shall be applicable to any Applicants
and tenants of the Authority. Grievances that may be
considered under these procedures will include actions
related to tenancy matters, but not including non-payment
of rent and other the matters governed by Section 7.2.
Under no circumstance may a Grievance be filed after
issuance of any notice in accordance with Section 7.2.2. A
copy of this grievance policy shall be provided to all
Tenants.
Section 8.2 GRIEVANCES. The tenant grievance
process is not intended to replace the normal interactions
that will occur between tenants and the Manager, and is
not intended to be used prior to an issue first being raised
with the Property Manager. Only when a tenant has made
all attempts to resolve a complaint may a complainant seek
the following remedies outlined in this process.
Section 8.2.1 Informal Grievance. Any grievance
shall be presented to the Property Manager either orally or
in writing, within thirty (30) days after the grievance arose
so that the grievance may be discussed informally and
hopefully resolved.
Section 8.2.1.a. The Property Manager
shall meet with the complainant within twenty-four (24)
hours if possible, at which time the complainant may
present oral and written evidence or documentation. A
written summary of this discussion, the decision and the
reasons for the decision will be prepared by the Property
Manager within five (5) days and a copy will be provided to
the complainant, with a copy to be filed in the complainant's
file. The summary will include a decision and any steps that
will be necessary to resolve any grievances.
Section 8.2.1.b. If not resolved by
Property Manager, Regional Supervisor to meet with
resident within seven (7) days of meeting with Property
Manager, at which time the complainant may present oral
and written evidence or documentation. Summary of the
Regional Supervisor's decision and the reasons therefore
to be put in writing within five (5) days, copy to file and
complainant.
Regional Supervisor, Vice -President to meet with
complainant within fourteen (14) days of meeting with
Regional Supervisor, at which time the complainant may
present oral and written evidence or documentation.
Summary of the Vice -President's decision and the reasons
therefore to be put in writing within ten (10) days, copy to
file and complainant.
Section 8.2.2 Informal Hearina. If the complainant
is not satisfied with the Vice -President's decision, the
complainant must submit a written request within ten (10)
calendar days after receipt of the summary from the Vice -
President, at which time the Management Company will
arrange for an impartial, third party mediation service to
hear the matter within twenty-one (21) days. The
complainant will be afforded fair due process safeguards as
prescribed by Fair Housing Laws, including but not limited
to the rights to present oral and written evidence and to be
represented by an attorney. Summary of the decision of
mediation service to be provided to complainant and a copy
to the Authority.
Section 8.2.3 Unresolved Grievances. If the
complainant is not satisfied with the outcome of the
process in Section 8.2.1 through 8.2.2, he or she may
submit a written request to the Executive Director within ten
(10) calendar days after receipt of the summary from the
Mediator. The Executive Director shall review the request
within ten (10) days and determine whether the decision
should stand, be revised or reviewed further. The Executive
Director shall be the final authority for purpose of
interpretation of the requirements of the Program, upon a
written request for interpretation.
END OF SECTION 8
Section 8.2.1.c. If not resolved by
Management and Operations — Rental Units
16 Effective 7/1/2008
Administrative Plan
EXHIBIT A
MULTIFAMILY APARTMENTS
ONE QUAIL PLACE
72-800 Fred Waring Drive
DESERT POINTE
43-805 Monterey Avenue
NEIGHBORS
73-535 Santa Rosa Way
TAOS PALMS
44-830 Las Palmas Avenue
CALIFORNIA VILLAS
77-107 California Drive
LAGUNA PALMS
73-875 Santa Rosa Way
COUNTRY VILLAGE
42-455 Washington Street
PALM VILLAGE
73-650 Santa Rosa Way
SAGE CREST
73-775 Santa Rosa Way 144-200 San Pascual
4 tlntts Telephone
384 (760) 568-9835
64 (760) 340-6945
24 (760) 836-1455
16 (760)340-6945
141 (760) 345-0452
48 (760) 836-1455
66 (760) 568-9835
36 (760) 836-1455
14 (760) 674-1139
SENIOR APARTMENTS
LAS SERENAS
73-315 Country Club Drive
THE PUEBLOS
73-695 Santa Rosa Way
PUEBLOS EAST
73-697 Santa Rosa Way
CATALINA GARDENS
73-600 Catalina Way
CANDLEWOOD
74000 - 74002 Shadow Mountain Drive
LA ROCCA VILLAS
42-135 Golden Eagle Lane
150 (760) 773-9040
15 (760) 568-3640
4 (760) 568-3640
72 (760) 568-3640
30 (760)568-3640
27 (760) 773-9040
Management and Operations — Rental Units
17 Effective 7/1/2008
Administrative Plan
EXHIBIT B
NON-EXCLUSIVE LIST OF REQUIRED AND PERMISSIVE BACKGROUND CHECK INFORMATION BY TYPE OF FUNDING
SOURCE OF INFO INFORMATION
Law
Enforcement
Agencies
Illegal Drug Use
FEDERAL FUNDS INVOLVED
INVESTIGATION
Required
DISCLOSURE &
CONSENT
Housing Auth. must
require & applicant
must consent
Drug Use that interferes with Required Housing Auth. must
health & safety of others require & applicant
must consent
Sex Offenses Required Housing Auth. must
require & applicant
must consent
"Serious" Crimes May obtain Must notify applicant, if
• murder, mayhem, rape, burglary basis for denial
• hate crimes
• offenses re firearms/explosives
• felonies involving drugs,
alcohol
• domestic violence
Juvenile records Prohibited N/A
Arrests not resulting in conviction Prohibited N/A
State/Federal Social Security Numbers Required Housing Auth. must
Government require & applicant
must consent
Citizenship/Residency Information Required Housing Auth. must
require & applicant
must consent
Income/family composition & tax Required Housing Auth. must
info, to verify eligibility require & applicant
must consent
Credit Agencies Investigative Consumer Report May obtain Housing Authority
• Credit history must notify applicant
• Character
• Reputation
• Personal characteristics
• Mode of living
• Convictions May obtain, Housing Authority
• Civil Actions but only if must notify applicant
• Tax Liens credit agency
• Outstanding judgments has verified
info within
30d of
disclosure
• Bankruptcies more than 10y Prohibited N/A
prior
• Civil judgments more than 7y
old
Public Records Relevant background information May obtain Must notify applicant, if
Obtained From • Creditworthiness basis for denial.
Other Sources; • Credit standing Consent
Interviews with • Credit capacity recommended.
Neighbors, • Civil actions
Friends & • Convictions
Associates • Tax liens
• Outstanding judgments
• Character
• General reputation
• Personal characteristics
• Mode of living
FEDERAL FUNDS NOT INVOLVED
INVESTIGATION
May obtain
May obtain
May obtain
May obtain
DISCLOSURE &
CONSENT
Must notify applicant,
if basis for denial
Must notify applicant,
if basis for denial
Must notify applicant,
if basis for denial
Must notify applicant,
if basis for denial
Prohibited N/A
Prohibited N/A
May obtain Application must
indicate disclosure is
voluntary
Prohibited N/A. But, if Housing
Auth. Has unsolicited
evidence that
applicant is
undocumented, it
must reject the
application
Required Housing Auth. must
require & applicant
must consent
May obtain Housing Authority
must notify applicant
May obtain, but
only if credit
agency has
verified info
within 30d of
disclosure
Prohibited
May obtain
Housing Authority
must notify applicant
N/A
Must notify applicant,
if basis for denial.
Consent
recommended.
In addition to credit reporting agencies, background check information may be obtained from Westlaw, Lexis, DataQuick, Merlin,
Choice Point, and similar reputable resources.
Management and Operations — Rental Units
18 Effective 7/1/2008
Administrative Plan
EXHIBIT C
RCHA EAST RIVERSIDE COUNTY UTILITY ALLOWANCES
Housing Authority of the County of Riverside
Housing Allowances for Tenant Furnished Utilities and Other Services
Effective: 07/05/2007 Locality: East County
Dwelling Unit Size
Heat
GAS / PROPANE
{ELECTRIC
Air Conditioning
(Blower (Evap Cooler / Heat Exchanger)
0
Cooking GAS / PROPANE
ELECTRIC
Other Electric (Lighting and Refrigeration)
Water Heating (GAS / PROPANE
ELECTRIC
Water Service - Domestic Use
Water Service - Evap / Swamp Cooler
'Sewer
'Trash
'Refrigerator (if supplied by Tenant)
'Stove/Range (if supplied by Tenant)
OBR
$14
$27
$7
$1
$2
$5
$12
$6
$13
$14
$11
$20
$21
$4
�'$4
1BR
$20
$37
$10
$2
$3
$6
$14
$9
$18
$20
$15
$20
$21
$4
$4
2BR 3BR
$26 $31
$48 $59
$13 $16
$2 $3
$4 $5
$8 $10
$18 $22
$11 $13
$23 $29
$25 $31
$19 $23
$20 $20
$21 $21
$4 $4
$4 1 $4
This chart is current from 07/05/2007 through 06/30/2008.
Deanna Lorson, Managing Director
4BR 5BR 6BR
$40 $46 $51
$75 $85 $96
$20 $23 $26
$4 $4 $5
$6 $7 $8
$13 $15 $16
$28 $32 $36
$17 $20 $22
$36 $42 $47
$39 $45 $51
$30 $34 $38
$20 $20 $20
$21 $21 $21
$4 $4 $4
$4 $4
$4
Management and Operations — Rental Units
19 Effective 7/1/2008
Administrative Plan
EXHIBIT D
PET POLICY
PURPOSE
Section 1 Permitted Pets
Section 1.1. Elderly Households are
allowed to keep common household pets in their
restricted unit in accordance with this Pet Policy,
including one cat or one dog, or either one or two
birds, or fish in an aquarium. AU pets must be
registered with the Manager before being brought
onto the premises, and registration must be updated
each year at annual re-examination.
Section 1.2. Tenants with a Disability
may keep a service or companion animal in
accordance with applicable disability laws. All service
animals need to wear identifying gear such as tags,
harnesses, or capes when outside of the restricted
unit.
Section 1.3. No vicious or intimidating
animal or pet is to be kept on the premises (this
includes any animal whose bite is venomous or any
animal that has previously bitten anyone).
Section 2 Required Fees and Payments
Section 2.1. The tenant will be
responsible for all reasonable expenses directly
related to the presence of the animal or pet on the
premises, including the cost of repairs and
replacement in the restricted unit, and the cost of
animal care facilities if needed. These charges are
due and payable within 30 days of written notification.
Section 2.3 Service animals will not be
charged a pet deposit, but the Tenant is liable for any
damage caused by the animal.
Section 2.4. For other animals, the
Authority will charge a refundable pet deposit of $200
for each pet.
Section 2.5. The Authority will refund
the unused portion of the deposit to the tenant within
a reasonable time after the tenant moves from the
property, or no longer owns or has a pet present in
the tenant's restricted unit, if the tenant no longer has
the pet, an inspection of the unit must be done to
provide evidence that there is no damage to the
restricted unit caused by the pet.
Section 3 Limitations
Section 3.1. Authority's authorization
for pet(s) will be given on a year -by -year basis.
Section 3.2. Except for service animals,
no pet will be allowed if weight exceeds 25 pounds.
The 25-pound limit is for the expected adult weight of
the animal.
Section 3.3. Fish aquariums must not
exceed 15 gallons of water.
Section 3.4. All pets must be effectively
restrained and under the control of a responsible
person when passing through a common area, from
the street to the restricted unit, etc. Dogs must be on
a leash at all times when not in the rental unit.
Section 4 Registration
Section 4.1. Registration in accordance
with Section 1.1 must include the following: A
certificate signed by a licensed veterinarian stating
that the pet has received timely all inoculations
currently required by state and local laws; a picture
must be provided at time of registration; and the
name, address and phone number of person
designated responsible for the pet in the tenant's
absence.
Section 4.2. All animals or pets are to
be spayed or neutered. If animals are not spayed or
neutered and have offspring, the tenant household is
in violation of this rule.
Section 5 Sanitation Standards
Section 5.1. Any animal or pet waste
deposited must be removed immediately by the pet
owner. Tenants will take adequate precautions to
eliminate any animal or pet odors within or around the
restricted unit and maintain the restricted unit in a
sanitary condition at all times.
Section 5.2. All animals or pets are to
be fed inside the restricted unit. Feeding is not
allowed on porches, sidewalks, patios or other outside
area.
Section 6. Potential Problems and Solutions
Section 6.1. Tenants will not permit any
disturbances by their pet, which interferes with the
quiet enjoyment of other tenants; whether by loud
barking, howling, biting, scratching, chirping or other
such activities.
Section 6.2. The Authority may enter
the tenant's restricted unit to inspect the premises
when circumstances so warrant, to investigate a
complaint that there is a violation, and/or to check on
a nuisance or threat to health and safety of other
tenants.
Section 6.3. If the pet is threatened by
the incapacitation or death of the owner (or by
extreme negligence), and the person designated
pursuant to Section 4.1 is unwilling or unable to care
for the pet, the Authority may place the pet in proper
facility for up to 30 days at the pet owner's expense. If
there is no other solution at the end of 30 days, the
Authority may donate the pet to a humane society.
Cost of this professional care will be borne by the pet
owner.
Management and Operations — Rental Units
20 Effective 7/1/2008
Administrative Plan
Section 6.4. Excluded from the
premises are all animals and/or pets not owned by
tenants, except for service animals.
Section 6.5. The authorization for a
household pet(s) may be revoked at any time subject
to the Authority's grievance procedure if the pet
becomes destructive or a nuisance to others, or if the
tenant fails to comply with this policy.
Section 6.6. Violation of this Pet Policy
by a Tenant is subject to: Mandatory removal of the
pet from the premises within 3 days of notice from the
Authority; or if for a threat to health and safety,
removal within 24 hours of notice; or Lease
termination proceedings.
Section 7 Indemnification by Pet Owner
Section 7.1. The Tenant shall
indemnify, defend and hold harmless the Authority,
the Agency and the City from and against any and all
claims, actions suits, judgments and demands
brought about by actions or damages caused by the
Tenant's pet(s), guide animal, hearing animal,
assistance animal, seizure response animal,
companion animal, or emotional support animal. Any
injury or damage to persons or property caused by
Tenant's pet(s), guide animal, hearing animal,
assistance animal, seizure response animal,
companion animal, or emotional support animal shall
be the liability of said Tenant. At the Tenant's
discretion and expense, Tenant is responsible for
securing liability insurance for such purpose.
This policy is incorporated by reference into the Lease
Agreement signed by the resident, and therefore,
violation of the above Policy will be grounds for
termination of the lease.
Acknowledgement by Tenant
END OF EXHIBIT D
Management and Operations — Rental Units
21 Effective 7/1/2008
Administrative Plan
EXHIBIT E
HOUSING AUTHORITY ZERO TOLERANCE
POLICY
PURPOSE
It is the policy of the Authority that prohibited criminal
activity will not be tolerated. "Prohibited criminal
activity" includes violent and drug -related criminal
activity or any criminal activity that threatens the
health, safety or right to peaceful enjoyment of other
residents or others in the immediate vicinity in any
housing property and/or program administered by the
Authority. A copy of this Zero Tolerance Policy shall
be made available to all applicants and tenants in
Authority -administered programs.
POLICY
The Authority will foster crime -free housing by
implementing aggressive strategies that will reflect a
zero tolerance of prohibited criminal activities by
enforcing the following actions:
1. Deny or terminate assistance to any household
containing a member that is currently engaging
in, or has engaged in during a reasonable time
before applying (as determined by the Authority):
(a) drug -related criminal activity; (b) violent
criminal activity; (c) other criminal activity that
would threaten the health, safety, or right to
peaceful enjoyment of the premises or other
residents; or (d) other criminal activity that would
threaten the health or safety of any Authority
employee, contractor subcontractor or agent of
the Authority.
2. Applications will also be denied for any other
activity that could prove to be detrimental to the
health and safety or right to peaceful enjoyment
of the other tenants.
3. Conduct a state and nationwide criminal
background check for every household member
over 18, to disclose any criminal background
information. Any conviction for criminal, violent
behavior or drug activity during a reasonable time
before applying (as determined by the Authority)
is automatic grounds for denial.
4. Alert tenants residing in the Authority owned
housing properties about their obligation to keep
restricted units free from prohibited criminal
activity.
5. Incorporate an addendum to all leases that
includes grounds for termination of tenancy due
to criminal activity.
6. Provide management with required guidelines for
screening potential and existing tenants,
inspecting the premises of the property, and
taking action against tenants engaged in criminal
activity, fraud, or any nuisances.
7. Work collaboratively with law enforcement
agencies to assist in the enforcement of the Zero
Tolerance Policy, as well as crime patterns and
other potential problems.
Acknowledgement by Tenant
END OF EXHIBIT E
Management and Operations — Rental Units
22 Effective 7/1/2008
Administrative Plan
EXHIBIT F
HOUSING AUTHORITY PROPERTIES RESIDENT
SERVICES BUILDINGS
HOUSE RULES
GROUP USE PRIORITIES 1
Permission for use of the Housing Authority
Properties Resident Services Buildings shall be
granted to the following on a first- come/first-served
basis, subject to the following priorities.
1. Housing Authority Properties Leasing Office
Activities or Meetings,
2. Housing Authority Properties Tenants
Activities and Programs organized or
approved by the Property Manager (may
include daily routine activities).
3. City of Palm Desert, Palm Desert
Redevelopment Agency, and Palm Desert
Housing Authority meetings or activities.
RESIDENT SERVICES BUILDINGS
HOUSE RULES 1
1. Operations Hours are 8:00 a.m. to 5:00 p.m.,
Monday through Friday, except City
observed Holidays which are as follows:
New Year's Day, New Year's Eve, Martin
Luther King Jr. Birthday, President's Day,
Memorial Day, Independence Day, Labor
Day, Veteran's Day, Thanksgiving Day, and
Christmas Day, and Christmas Eve. The
Housing Authority Administrator, at his/her
discretion, may authorize alternate operating
hours from time to time with the proper
facility supervision.
2. No disorderly or illegal conduct shall be
permitted during any activities or programs
offered in or during the use of the Resident
Services Buildings.
3. Smoking is prohibited in the Resident
Services Buildings and within 40 feet of all
entrances or exits.
4. Pets, other than those assisting persons with
disabilities, are not permitted on the
Resident Services Buildings property.
5. No food or drink is allowed inside the
Resident Services Buildings building except
during organized functions.
6. No alcoholic beverages or controlled
substances of any kind are permitted on the
Resident Services Buildings property.
7. The Resident Services Buildings is not
responsible for lost or stolen items. It is
strongly recommended that items of value
not be brought into the building or on the
premises.
8. Access to the Community is such that
tenants and attendees will be walking
through residential communities. Courtesy
for the quiet enjoyment of the surrounding
residents should be considered at all times.
9. Prior written approval is required from the
Property Manager for equipment and
services brought in and not directly provided
by the Resident Services Buildings.
10. All children under the age of 10 must be
accompanied by an adult over the age of 18.
*Note: accompany means within close
proximity (an arms -distance for example).
Youth organizations (ages 11-18) must have
one adult to five minors in attendance who
shall remain in the Resident Services
Buildings for the duration of the activity.
11. The Resident Services Buildings is provided
for in an "as is" condition. "As -is" means that
the facility user may not remove or displace
furniture and/or other fixtures such as tables,
chairs, etc. (collectively "fixtures") or add or
bring in additional fixtures not already
provided, and therefore such fixtures must
stay in the same location as originally
provided by the Property Manager;
decorations on walls, tables and other
locations, may not be removed, displaced or
covered up in any way. If there are any
questions regarding this rule, please contact
the Property Manager prior to use of the
facility. The Property Manager has the right
to inspect the Resident Services Buildings
while in use to ensure compliance with this
provision. Failure to comply with this
provision, the event is subject to immediate
cancellation/revocation at the discretion of
the Property Manager.
12. Tape, nails, tacks, putty, screws, staples,
decals, powders, wax, paint, etc., are not
permitted in/on the walls, floors, ceilings or
fixtures. Rice, birdseed, confetti, glitter and
similar materials may not be thrown inside or
outside the facility. No smoke/fog machines
are allowed to be used. Music devices may
be acceptable; however, prior written
approval is required.
13. All users of the facility shall be aware of the
maximum occupancy of 104 and enforce that
Management and Operations — Rental Units
23 Effective 7/1/2008
Administrative Plan
it is not exceeded. Doors must remain
unlocked during hours of use.
14. In addition to the House Rules and
regulations governing the use of the
Resident Services Buildings, all users shall
also comply with all applicable local
ordinances of the City of Palm Desert and
state and federal laws. Failure to comply
with said rules may subject a user from
entering the premises.
15. Facility users may not list the City of Palm
Desert, its Redevelopment Agency, or
Housing Authority as a sponsor of the
activity and may not list the Resident
Services Buildings phone number as the
contact in any written materials associated
with any event. The Property Manager may
require copies of all promotional materials
used in conjunction with the use of the
facility. Failure to comply with such a
request may result in cancellation of the
event.
16. Parking is not available on -site. All facility
users will be required to make their own
provision for parking.
17. All users of facility shall be responsible for
cleanup after each meeting. Tables and
chairs must be wiped clean after any event.
18. The City of Palm Desert, its Redevelopment
Agency, and Housing Authority assumes no
legal responsibility and are not liable for
personal injuries, thefts or losses of private
property while on or using the Resident
Services Buildings and associated facilities.
19. Facilities and equipment are to be left in the
same condition as they were prior to the
event.
20. Violation of any of these rules by any user
during occupancy shall be sufficient cause
for denying further use of the Resident
Services Buildings facility to the
organization.
21. These House Rules are issued for specific
use of the facility and for specific hours and
the premises must be vacated as scheduled.
22. Failure to observe any rules, regulations,
and ordinances of the City of Palm Desert
may be sufficient cause for denying further
use of the Resident Services Buildings
facility.
23. Fights, vandalism or unacceptable behavior
occurring during an event shall cause
immediate cancellation of the event.
I, the undersigned, acknowledge that I have read all
the rules listed above regarding the use of the
Resident Services Buildings and agree to abide by
such rules and regulations as set forth by the City of
Palm Desert Housing Authority.
Print Name (Tenant)
Signature
Date
Management and Operations — Rental Units
24 Effective 7/1/2008
Administrative Plan
ACKNOWLEDGMENT OF RECEIPT OF
THE PALM DESERT HOUSING AUTHORITY ADMINISTRATIVE PLAN
(Please read the following statements, sign below and return to the property manager.)
Acknowledging Receipt of the Administrative Plan
I/We certify by signing below that I/we have received and have been given an opportunity to
read a copy of the Administrative Plan, and I/we understand that it is my/our obligation to be
aware of the administrative policies and procedures, rules, and requirements contained therein.
I/We further understand that all leaseholders, occupants, and guests are responsible for
complying with the Administrative Plan including all policies and procedures, rules, and
requirements described therein ("Administrative Plan").
Changes To and Questions Regarding the Administrative Plan
I/We further acknowledge and understand that the Administrative Plan is subject to change at
any time, without notice, at the sole discretion of the Palm Desert Housing Authority. Any such
changes to the Administrative Plan shall be effective immediately unless specified otherwise.
I/We acknowledge and understand that I/we shall be bound by, and to abide by, any changes to
the Administrative Plan.
Any questions regarding the Administrative Plan or how it applies to my/our residency should
be directed to the property manager. Any changes made to the Administrative Plan will be
posted on the City of Palm Desert website (www.citvofnalmdesert.com) and a full updated copy
may be reviewed or obtained upon request from the leasing office.
All leaseholders must sign below,
Name of Leaseholder (Print)
Name of Leaseholder (Print)
Name of Leaseholder (Print)
Signature of Leaseholder
Signature of Leaseholder
Signature of Leaseholder
Property Manager Date
Date
Date
Date
8.36.010
Chapter 8.36
REGULATION AND PROIIIBITION OF SMOKING
Sections:
8.36.010
8.36.020
8.36.030
8.36.040
8.36.050
8.36.060
8.36.070
8.36.080
8.36.090
8.36.100
Purpose of chapter.
Definitions.
Prohibition of smoking in unenclosed
areas.
Designation of smoking areas.
Optional prohibition.
Posting of signs.
Exceptions.
Nonretaliation.
Enforcement.
Violation —Penalty,
8.36.010 Purpose of chapter.
Smoking of tobacco, or any other weed or plant, is a
positive danger to health and a cause of material annoy-
ance, inconvenience, discomfort and health hazard to those
who are present in confined places. In addition, thc Cali-
fornia Air Resources Board has placed secondhand smoke
in the same category as the most toxic automotive and in-
dustrial air pollutants by categorizing it as a toxic air con-
taminant for which there is no safe level of exposure.
Therefore, it is the city's intent to provide for thc public
health, safety and welfare, by prohibiting the smoking of
tobacco, or any other weed or plant, in public places and
places of employment, except in designated smoking areas
as set forth herein. (Ord. 1200 § 3, 2009; Ord. 462 § 1
(part), 1986)
8.36.020 Definitions.
The following words and phrases, whenever used in this
chapter shall have the meanings defined in this section
unless the context clearly requires otherwise:
"Business" means any sole proprietorship, partnership,
joint venture, corporation association, or other entity
formcd for profit -making purposes.
"City" means the city of Palm Desert, and its related
entities including thc Palm Desert redevelopment agency
and the Palm Desert housing authority.
"Common area" means every unenclosed area of a mul-
tiunit residence that residents of more than one unit of that
multiunit residence arc entitled to enter or use, including,
for example, paths, courtyards, playgrounds, swimming
pools, parking lots, and picnic areas.
"Dining area" means any area, including streets and
sidewalks, which is available to or customarily used by the
(Palm Desert Supp. No. 16, 2.1(1)
156
general public or an employee, and which is designed. es-
tablished, or regularly used for consuming food or drink.
"Employee" means any person who is employed or re-
tained as an independent contractor by any employer or
nonprofit entity in consideration for dircct or indirect
monetary wages or profit, or any person who volunteers his
or her services for an employer or nonprofit entity.
"Employer" means any person, business, entity or non-
profit entity that retains the service of one or more employ-
ees.
"Enclosed area" means an area in which outside air can-
not circulate freely to all parts of thc area, and includes an
arca that has:
1. Any type of overhead cover whether or not that
cover includes vents or other openings and at least three
walls or other vertical boundaries of any height whether or
not those boundaries include vents or other openings; or
2. Four walls or other vertical boundaries that exceed
six feet in height whether or not those boundaries include
vents or other openings.
"Multiunit residence" means a residential property con-
taining two or more units.
"Nonprofit entity" means any entity that meets the re-
quirements of California Corporations Code Section 5003
as well as any corporation, unincorporated association or
other cntity created for charitable, religious, philanthropic,
education, political, social or similar purposes, the net pro-
ceeds of which are committed to the promotion of the ob-
jectives or purposes of the entity and not to private gain. A
government agency is a nonprofit entity within the meaning
of this chapter.
"Person" means any natural person, business, coopera-
tive association, nonprofit entity, personal representative,
receiver, trustee, assignee, or any other legal entity includ-
ing government agencies.
"Place of employment" means any enclosed areas under
the control of a public or private employer which employ-
ees normally frequent during the course of employment,
including, but not limited to, work areas, employee
lounges, conference rooms and employee cafeterias. A pri-
vate residence is not a place of employment, except for
child care facilities in private homes.
"Primary entrance" means the entrance to a building or
business through which thc majority of patrons enter. A
building or business has only one primary entrance. Where
the door into the establishment is at thc end of a corridor
formed by two or more vertical walls or barriers, with or
without overhead cover, the primary entrance shall be
deemed to be at the end of the corridor open to the exterior.
"Public place" means:
I . Any area to which the public is invited or in which
the public is permitted, including, but not limited to, shop-
ping malls, retail stores, retail service establishments, retail
food production and marketing establishments, restaurants,
theaters, waiting rooms, reception areas, educational facili-
ties, health facilities, and public transportation facilities and
their associated parking areas. A private residence or pri-
vate country club is not a public place;
2. Areas measured a distance of forty feet from the
entrances and exits to city -owned public places;
3. Areas measured a distance of twenty feet from the
primary entrances to publicly or privately -owned commer-
cial, industrial, institutional, or office professional build-
ings;
4. Unenclosed areas owned by the city including, but
not limited to, city -owned property, parks, playgrounds,
restrooms, baseball and soccer fields, except the golf
course arca of Desert Willow or where specific signs are
posted permitting such smoking;
5. Unenclosed public events including, but not limited
to, sports events, entertainment, speaking performances,
ceremonies and fairs;
6. Hotels, except in designated areas.
"Reasonable distance" means a distance of -twenty feet
or, with respect to a designated smoking area or such larger
arca as the city manager reasonably determines in writing
to be necessary in a given circumstance to ensure that oc-
cupants of an area in which smoking is prohibited are not
exposed to secondhand smoke created by smokers outside
thc area.
"Secondary entrance" means any entrance to a building
or business that is not the primary entrance. One building
or business may have multiple secondary entrances.
"Secondhand smoke" means smoke from tobacco or any
other weed or plant created by burning or carrying any
lighted pipe, hookah, cigar, or cigarette of any kind, and the
smoke exhaled by an individual who engages in smoking.
"Shopping mall" means any parcel of land zoned and
used for retail sales by more than one retailer that is jointly
operated or which includes shared parking facilities.
"Smoke," or "smoking" means and includes the carrying
of a lighted pipe, or the lighting of a pipe, cigar or cigarette
of any kind.
"Unenclosed area" means any arca that is not an en-
closed arca. (Ord. 1200 § 3, 2009; Ord. 1154 § I, 2008;
Ord. 1007 § 1, 2001; Ord. 462 § 1 (part), 1986)
8.36.030 Prohibition of smoking in unenclosed
areas.
A. Smoking is prohibited in the unenclosed areas of
the following places within the city, except places where
8.36.020
smoking is already prohibited by state or federal law, in
which case, those laws apply:
1. Public places;
2. Places of employment;
3. Businesses, including, but not limited to, restau-
rants and bars, and other public accommodations. In addi-
tion, smoking is prohibited within a reasonable distance of
the primary entrance to a dining arca. Where a business has
more than one entrance, an outdoor smoking arca may be
designated within a reasonable distance of one of the sec-
ondary entrances. In such cast, smoking is prohibited
within a reasonable distance of the primary entrance and
any other secondary entrances.
4. Common areas of multifamily residential properties
owned by the city of Palm Desert, except where permitted
under Section 8.36.070.
B. No person shall dispose of smoking waste or place
or maintain a receptacle for smoking waste in an area in
which smoking is prohibited by this chapter or other law,
including within any reasonable distance required by this
chapter. (Ord. 1200 § 3, 2009; Ord. 462 § I (part), 1986)
8.36.040 Designation of smoking areas.
A. Places Where Smoking Permitted. Notwithstanding
Section 8.36.030 of this chapter, smoking is permitted in
the following locations within the city, unless otherwise
provided by state or federal law:
1. Private residential property, other than: (a) those
private residential properties used as a child-care or health-
care facility subject to licensing requirements when em-
ployees, children or patients arc present; or (b) home based
business where members of the public are invited. Nothing
in this chapter shall require a person or entity who or which
owns or controls a private residential property, including,
but not limited to, a condominium association or an apart-
ment owner, to permit smoking and such a person may
prohibit smoking throughout the property he, she or it owns
or controls.
2. Designated areas in shopping mall unenclosed ar-
eas, provided that: (a) there is not more than one square
foot of area designated for smoking for every twenty thou-
sand square feet of rentable space of the shopping mall
(provided that each shopping mall may have at least one
designated smoking area of forty or fewer square feet in
arca); (b) the arca is prominently marked with signs; (c) it
is located the greatest distance practicable, and at least a
reasonable distance, from any doorway or opening into an
area or any accessway from parking facilities to the retail
areas of the shopping mall; (d) smoke is not permitted to
enter adjacent areas in which smoking is prohibited by this
chapter, other law or by thc owner, lessee or licensee of the
156-1
(Palm Dcscn Sapp. No. 16, 2-101
8.36.040
adjacent property; and (c) the location(s) of the designated
smoking area(s) is or are approved in writing by the city
manager of thc city or designee based on the standards of
this subsection and the goals of this chapter.
3. Any unencloscd area in which no nonsmoker is
present and, due to the time of day or other factors, it is not
reasonable to expect another person to arrive.
B. Where smoking areas arc designated, existing
physical barricrs and ventilation systems shall he used to
eliminate the toxic effect of smoke in adjacent nonsmoking
areas, but employers are not required to incur any expense
to make structural or physical modifications in providing
these areas. There shall be no designated smoking areas in
areas that have a common or shared air space with other
areas in which smoking is prohibited such as, without limi-
tation, air conditioning systems, heating systems, ventila-
tion systems, entries, doorways, hallways, and stairways or
within a reasonable distance of commercial building en-
tries. In all disputes in the work place, the rights of the non-
smoker shall be given priority over the rights of the
smoker.
C. No person shall smoke in an area in which smoking
is otherwise permitted by this chapter or other law within a
reasonable distance from any primary entrance, opening,
crack, or vent into an area in which smoking is prohibited
by this chapter, othcr law or by the owner, lessee or licen-
see of that area. (Ord. 1200 § 3, 2009; Ord. 1154 § 1, 2008;
Ord. 462 § 1 (part), 1986)
8.36.050 Optional prohibition.
A11 managers and owners of any establishment ex-
empted from the provisions of Section 8.36.070 serving or
doing business with the public may, at their discretion, post
"No Smoking" signs within various areas of their busi-
nesses and utilize the full right of the provision of this
chapter. No public place other than those enumerated in
Section 8.36.070 shall be designated as a smoking area in
its entirety. (Ord. 1200 § 3, 2009; Ord. 462 § 1 (part),
1986)
8.36.060 Posting of signs.
Signs which designate smoking or no smoking areas
established by this chapter shall be clearly, sufficiently and
conspicuously posted in every room, building or othcr
place so covered by this chapter. "No Smoking" signs shall
be specifically placed in retail food productions and mar-
keting establishments, including grocery stores and super-
markets open to the public, so they are clearly visible to
persons upon entering the store, clearly visible to persons
in checkout lines and clearly visible to persons at meat and
produce counters. The manner of such posting, including
(Palm Desert Supp.No. 16,2-10)
the wording, size, color, design and place of posting,
whether on the walls, doors, tables, counters, stands or
elsewhere, shall be at the discretion of the owner, operator,
manager or other person having control of such room,
building or other place, so long as clarity, sufficiency and
conspicuousness are apparent in communicating the intent
of this chapter. (Ord. 1200 § 3, 2009; Ord. 462 § 1 (part),
1986)
8.36.070 Exceptions.
Exceptions to the smoking prohibitions of this chapter
arc as follows:
A. Private offices, including those in the work place,
designated areas of hotels and motels, areas and rooms
while in use for private social functions, private hospital
rooms, psychiatric facilities, jails, bar areas and stores that
deal exclusively in tobacco products and accessories.
B. Areas measured within a twenty -foot zone outside
of a building's primary entrance, as long as the smoker is
actively passing through on thc way to another destination
and so long as the smoke does not entcr any indoor area in
which smoking is prohibited.
C. Any owners or other person having control of a
business or other establishment subject to this chapter may
apply to the city for an exemption or modification of the
provisions of this chapter due to unique or unusual circum-
stances or conditions.
D. Up to twenty-five percent of the contiguous deck
area around swimming pools in multifamily residential
properties owned by the city of Palm Desert. Such desig-
nated smoking areas must be clearly signed. (Ord. 1200 §
3, 2009; Ord. 462 § I (part), 1986)
8.36.080 Nonretaliation.
No person or employer shall discharge, refuse to hire or
in any manner retaliate against an employee or applicant
for employment because such employee or applicant exer-
cises any rights afforded by this chapter. (Ord. 1200 § 3,
2009; Ord. 462 § 1 (part), 1986)
8.36.090 Enforcement.
A. The owncr, operator or manager of any facility,
business or agency within the purview of this chapter shall
comply herewith. Such owncr, operator or manager shall
post, or cause to be posted, all "No Smoking" signs re-
quired by this chapter. Such owner, operator or manager
shall not allow service to any person who violates this
chapter by smoking in a posted "No Smoking" area.
B. It shall be the responsibility of employers to dis-
seminate information concerning the provisions of this
chapter to employees.
156-2
C. The city's code enforcement officers, police and
fire personnel are authorized to issue citations for violation
of the provisions of this chapter. (Ord. 1200 § 3, 2009; Ord.
462 § 1 (part), 1986)
8.36.100 Violation —Penalty.
A. Any person who violates any provision of this
chapter by: (1) smoking in a posted "No Smoking" area;
(2) failing to post or cause to be posted a "No Smoking"
sign required by this chapter; (3) owning, managing or op-
erating a business or building in which the prohibitions of
this chapter are violated; or (4) violating any other provi-
sion of this chapter, is deemed guilty of an infraction in
accordance with Chapter 1.12 of this code.
B. Any violation of this chapter is hereby declared to
he a nuisance.
C. Each incident of smoking in violation of this chap-
ter is an infraction subject to a fifty -dollar fine. (Ord. 1200
§ 3, 2009; Ord. 462 § I (part), 1986)
157
8.36.090
(Palm Desert Supp. No I7. a-I(1)