HomeMy WebLinkAbout1984-12-18; Housing & Redevelopment Commission; 39; Revision to HUD Section 8 Master ContractHOUSING AND - EDEVELOPMENT COMMISS- N - AGENDA BILL &?
,B# 3g TITLE: REVISION TO HUD SECTION 8 MASTER
IT& 12/18/84 ANNUAL CONTRIBUTION CONTRACT -
FIFTEEN (15) ADDITIONAL HOUSING
IEPT. HSG= UNITS
RECOMMENDED ACTION:
Housin No. 9 5 and Redevelopment Commission approve Resolution authorizing Chairperson to execute City's Master Section 8 Annual Contributions Contract.
ITEM EXPLANATION
DEPT. HD.
CITY Am\Ih?
CITY MGR. w
On October 10, 1984, the Housing Department was notified of the approval of an additional fifteen (15) Section 8 Housing Certificates. These additional units will increase the number of units in the program from 250 to 265.
The new certificates are for the following types of housing units:
1 bedroom 10 (elderly)
2 bedroom 2 (family)
3 bedroom 2 (family) 4 bedroom 1 (family)
TOTAL 15 UNITS
The United States Department of Housing and Urban Development
(HUD) will contribute an additional $80,400 to subsidize the new units. Also, an additional $2,390 in administration fees will be charged to HUD. No general fund monies will be necessary to administer these new units.
The Housing and Redevelopment Commission is asked to approve
the additional fifteen units and direct the Chairperson to
execute the Annual Contributions Contract.
FISCAL IMPACT
An additional $80,400 to HUD Section 8 Contract bringing total to $1,227,000. Additional $2,390 in administration fees charged to HUD bringing total to $127,269. Total administrative fees continue to cover Housing Department's expenses.
EXHIBITS
1 - Resolution No. 45..
2- Correspondence, dated September 20, 1984
3- Correspondence, dated November 28, 1984
4 - Annual Contributions Contract
Mr. MartJn Orenyak, Director
Building and Planning
Housing and Redevelopment Commission
3030 Harding Street Carlsbad, CA 92008
Dear Mr. Orenyak:
SUBJECT: Section 8 Existing Application
CA16-E077-007
U.S. Department of tiouslng~ and Urban Development Los A G? eles Are&yai, Rqlorr IX 22
2500 ilshire I? -
Los Angeles, CL mia 90057
RECEIVED
OCT 101984
CITY OF CARLSBAD
Building Department
You are hereby notified that your Application dated July 10, 1984, for
existing housing to be assisted by housing assistance payments pursuant to
Section 8 of the United States Housing Act of 1937 is approved. Annual
contribution contract authority in the amount of $80,400.00 has been
,
reserved for the number of units and unit size distribution specified below. The Annual Contribution Contract is being prepared and will be forwarded to you for execution. Although the specified funds have been reserved, it is noted that no HAP Contracts with owners may be executed utilizfng these funds until such time as an Annual Contributions Contract has been executed
by this office.
Existing Housing Exclusive of Recently Completed Housing
Number of Units
1 BR
2 BR 3 BR 4 BR
Total 15 (10 Elderly)
We will execute the Annual Contribution Contract when the following has been submitted and approved by this office:
1. Revised Administrative Plan (Updated),
2. Schedule of Allowances for Utilities and Other Services, Form HUD 52667, with a justification of the amounts proposed, and
3. Estimates of Required Annual Contribution, Form HUD 52671, HUD 52672 and HUD 52673, with supporting documentation.
Please return the above items with the executed ACC within 60 days of
the Notification of Approval.
3 -
U.S. Departmt..c of Housing and Urban Development
Los Angeles Office, Region IX
2500 Wilshire Boulevard, Suite 448
Los Angeles,. California 90057-43611-,
I .
1’; -*
i.lf :” !
,1. I I!: ,:
Housing Authority of the City of Carlsbad
Department of Housing and Redevelopment ATTN: Martin Orenyak, Director 3096 Harding Street Carlsbad, CA 92008
Gentlemen:
SUBJECT: Project No. CA16-E077-007
Master Section 8 ACC No. SF-535 (E) Section 8 Housing Assistance Payments Program
We are pleased to enclose the documentation necessary to effect the
execution of the above-described contract. Please adopt the Resolution,
prepare the Certification of Recording Officer, and execute the Contract in
the customary manner on page 2 thereof. Please do not fill in the date on
page 1 of the contract.
Instructions for completion and disposition of the Master Section 8 Annual Contributions Contract and supporting documentation is enclosed.
The exhibits listed in the Notification Approval Letter and the executed
ACC must be returned to this office within 30 days from the date of this
letter.
If the documents are acceptable, we will execute the Contract and one
fully-executed counterpart will be returned to you. If you should have any questions, please contact Georgia Miller, Multifamily Housing Representative,
at (213) 688-4917.
Sincerely,
u Joe L. Hirsch
Director Housing Development Division, 9.4HD
Enclosures
I....
L i, CITY OF CARLSEAD
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 8 HOUSING ASSISTANCE PAYt4ENTS PROGRAM
EXISTING HOUSING
PART I of the
ANNUAL CONTRIBUTIONS CONTRACT
Number of this ACC Part I: SF-535
Master Section 8 ACC Number: SF-535(E)
Effective Date:
‘CDate of Execution by the Government of this ACC Part II
1.1 The Program.
(al Projects Within Program. The Existing Housing Program under this
ACC Part I includes the following projects:
Project Number ACC List Number and Date of Approval
CAl6-E077-001 SF-83-763 dated l-20-83
CAl6-E077-003 SF-83-764 dated 10-20-83
CA16-E077-004 SF-83-375 dated 6-30-83
CAl6-E077-006 SF-83-507 dated 8-18-83
CAl6-E077-007 SF-84-461 dated g-20-84
(bl Number of Units (By Size1 in Program. The aggregate number of
units by size of units included in these projects is as follows:
Size of Unit Number of Units
I-BH 128 2-BR 74 3-BR 38
4-BR 25
(c) Maximum ACC Amount. The maximum ACC amount for all Program
Expenditures in respect to the aggregate number of units in these projects (the
Program) is S1,227.000.00 , per year; Provided, however, that this amount
shall be reduced conmnensurately with any reduction in the number of units or
changes in unit size under any provision of this ACC (see Section 1.4(a)). The
PHA shall not enter into any Contract or take any other action which will result
in a claim for an Annual Contributions in respect to the Program in excess of
the amount stated in this paragraph (cl.
(dl PHA Obligation. The PHA, to the maximum extent feasible, shall
enter into HousingAssistance Payments Contracts ("Contracts"1 in accordance
with the numbers and sizes of units and subject to the maximum ACC amount spe- cified above.
(e) Meaning of "Project" as Used in Master ACC and Part Il. For pur-
Doses of this oart I the term "Proiect" wherever used in theMaster-Section 8
ACC and in Part II shall mean all ihe projects in the "Existing Housing
Program.*
1.2 Authorization of Actions by PHA. In order to carry out the program,
the PHA is authorired to (a) enter into Housing Assistance Payments Contracts,
(b) make housing assistance payments on behalf of Families, and (cl take all other necessary actions all in accordance with the forms, conditions and require-
ments prescribed or approved by the Government; Provided, however, that neither
the PHA nor the Government shall assume any obligation beyond that provided in
Contracts in the form approved by the Government.
1.3 Term of ACC, Lease and Contract.
(a) Term of ACC. The term of this ACC shall be five years.
HUD-525208
(5-76)
7
r i:. , '(b) Term of Lease and Contract. The term of each Lease shall be for
not less than one year nor more than three years. but the Lease may contain a
provision permitting termination upon 30 days advance written notice by either
party. The term of each Contract shall be for the term of the Lease, provided
that if a Family continues in occupancy after the expiration of the term on the
same terms and conditions as the original Lease (or changes thereto which have
been approved by the PHA and incorporated in the Contract where appropriate).
the Contract shall continue in effect for the duration of such tenancy subject
to the limitation in the next sentence. Any renewal of the Contract and Lease
term, and any continuation of tenancy beyond the term, shall in no case extend
beyond the term of this ACC.
1.4 Annual Contribution.
(a) Notwithstanding any other provisions of this ACC (other than paragraph (c) of this Section) or any provisions of any other contract between
the Government and the PHA, the Government shall not be obligated to make any
annual Contribution or any other payment with respect to any Fiscal Year in
excess of the amount stated in Section 1.1(c).
Ib) Subject to the maximum dollar limitation in paragraph (a) of this
Section, the Government shall pay for each Fiscal Year an Annual Contribution to
the PHA in respect to the Program in an amount equal to the sum of the following
(subject to reduction by the amount of any Program Receipts other than Annual
Contributions, which Receipts shall be available for Program Expenditures):
(1) The amount of housing assistance payments payable during the
Fiscal Year (see Section 1.5) by the PHA pursuant to the Contract, as authorized
in Section 1.2. II
(2) The allowance, in the amount approved by the Government, for
preliminary costs of administration.
(3) The allowance, in the amount approved by the Government, for
regular costs of administration, including costs of Government-required audits
of Owners and the PHA.
(c) (1) An ACC reserve account will be established and maintained by
the Government, as a specifically identified and segregated account, in an
amount as determined by the Government consistent with its responsibilities
under section 8(c)(6) of the Act. To the extent funds are available in said
account, the Annual Contribution for any Fiscal Year may exceed the maximum
amount stated in paragraph (a) of this Section by such amount, if any, as may be
required for increases reflected in the estimates of required Annual
Contribution applicable to such Fiscal Year as approved by the Government in
accordance with Section 2.11 below.
(2) The Government will take such kdditional steps authorized by
section 8(c)(6) of the Act as may be necessary to assure availability of funds to cover increases in housing assistance payments on a timely basis as a result
of increases in Contract Rents or decreases in Family Incomes.
(d) The Government will make periodic payments on account of each
Annual Contribution upon requisition therefor by the PHA in the form prescribed
by the Government. Each requisition shall include certifications by the PHA
that housing assistance payments have been or will be made only:
(1) In accordance with the provisions of the Contracts; and
(2) With respect to units which the PHA has inspected or caused
to be inspected, pursuant to Section 2.4 of Part II of this ACC, within one year
prior to the making of such housing assistance payments.
(e) Following the end of each Fiscal Year, the PHA shall promptly pay
to the Government, unless other disposition is approved by the Government, the
amount, if any, by which the total amount of the periodic payments during the
Fiscal Year exceeds the total amount of the Annual Contribution payable for such
Fiscal Year in accordance with this Section.
-2- HUD-52520B
(5-76)
-. #. .
z 1.5 Fiscal Year. 1 Fiscal Year for the Program shall be the tiscal Year
established by Section 0.3 of this ACC; Provided, however, that the first Fiscal
Year for the Project shall be the period beginning with the effective date of
this ACC Part I and ending on the last day of said established Fiscal Year which
is not less than 12 months after such effective date. If the first Fiscal Year
exceeds 12 months, the maximum Annual Contribution in Section 1.1(c) may be
adjusted by the addition of the pro rata amount applicable to the period of
operation in excess of 12 months.
1.6 Periodic Adjustment of Contract Rents. Each Contract may provide for
periodic adjustments in the Contract Rents chargeable by the Owner and commen-
surate increases in amounts of housing assistance payments in accordance with
applicable Government regulations.
1.7
sions of
1.8
Equal Opportunity Housing Plan. The PHA shall comply with all provi-
its HUD-approved equal opportTnity housing plan.
Expeditious Carrying Out of Program. The PHA shall proceed expedi-
tiously with the Program. If the PHA fails to proceed expeditiously, the
Government, by notice to the PHA, may reduce its obligation hereunder with
respect to the Program to the number and size of dwelling units under Contracts
with Owners as of the date of receipt of such notice by the PHA. with a
corresponding reduction in the maximum amount of the Annual Contribution spe-
cified in Section 1.1(c). "I i!, I
1.9 Prior ACCs Superseded.
Housing ACC Parts I, if any.
This Part I supersedes prior Section 8 Existing
i
PHA: HOUSING AUTHORITY OF THE
CITY OF CARLSBAD
By:
Chairman
DATE:
UNITED STATES OF AMERICA Secretary of Housing and Urban Development
By:
Joe L. Hirsch, Director
Housing Development Division
DATE:
-3- HUD-525208
(5-76)
RESOLUTION 110. - 45
L
RESOLUTION AUTIIORIZING EXECUTlON OF SECTION 8
IlOUSING ASSISTANCE PAYMENTS PROGRAM REVISEU MASTER
SECTION 0 ANNUAL CONTRlOUTlONS CONIRACT NO. SF-535(E) ..- INCLUUING PROJECT NUMUERS CA16E077-007 -itI) . . _ . . - - PROVIDING FOR THE DEPOSIT Oi?ii&iiE~PUll%ANT 10
A GENERAL DEPOSITARY AGREEMENT
HICREAS the HOUSING AUTHURITY OF THE CITY OF CARLSeA (hcreln called the --- “Pub1 ic Housliig~gerrcy”) proposes ( r)to<Zteriil6-ZZSecf&i 0 Housing
Assistance Payments Program Master Sectlon 8 Annual Contributions Contract (herein called the “Contract”) with the United States of America (herein called the “Government”); and (2) to provide for the deposit of monies pursuant to a General Depositary Agreement with a f inanclal Institution which Is a mc!mbcr of
the Federal Deposl t Insurance Corporatlon (herein called the “Uank”); al I nl th respect to any “Project” as defined in the Contract, and which at any tlmc, now or hereafter, is incorporated under the terms of such Contract:
UE IT RESOLVEU OY THE PUOLIC HOUSING AGENCY, AS FOLLOWS:
.Section 1 ---_-__* The proposed Contract, deslgnated *Section 0 Housing Assistance Payments Program Master Section 8 Annual Contributions Contract”, pursuant to
the United States Ilousing Act of 1937, as amended, is hereby approved and
accepted both as to form and substance, and the Chairman is hereby authorired and directed to execute said contract-iirthree cou&rparts on behalf
of the Public Housing Agency and to forward such executed counterparts to the Goverrmlen t , together with such other documents evidencing the approval and authoriziny the execution thereof as may be required by the Government.
Section 2. The GIURALTAR S I!, L - -------- -----.. ___ and the Pub1 ic Ilouslng Agency have previously enteredfnto a General Ueposltarv Agreement. Form IIUU-51999A
dated. April fl- 1902 ----.I--.. which provides’ for the dcposl t oi spccif led monies of II a.. 0nC or more atltii’fi<&l low rent houslno uro.lects...“. The Public llousinu Agency hereby determines that pursuant to ti;e’ te&s of the AyreemcnL the afor;-
II~IIIC~I Oank shal I be the llcpositary for lhc Section 0 Ilousiny Assistance Payments I’royram established under the contract herein-above approved.
sect iOIl 3. The Chairman,Vlce-Chairman or Secretar Is hereby au lhor i zed ----- ill;iairEted to fiTe-ni.iit t~overnmenf7~~me to t me as payments are --y-f--
required, requisitions toqether with the necessary supporting documents
requesting periodic payments to be made 011 account of the Annual Contributions
Contract, and the proper officers of the Public Housing Agency shall prepare,
execute and deliver to the Government and sl1a11 accept payment therefor from the Government and such persons are aulhorizcd to do and perform all other thlnys and acts required to be deposited and disbursed only in accordance with the pro-
visions of the Annual Contributions Contract.
Section 4. This Resolution shall take effect immediately.
I AYES: Commissioners Casler, Lewis, Kulchin, Chick and Pettine
NOES : None
AGSE:,lT : None
ATTEST:
/i&t4 4 h,&&,
mA L. RAUTEi%hW*Clty Clerp
(SEAL)