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HomeMy WebLinkAboutHousing & Redevelopment Authority - HRA-Packet-09-17-2024 Supporting Documents - 09/17/2024OTTER TAIL COUNTY – MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY AGENDA Government Services Center, Otter Tail Lake Room 515 West Fir Avenue, Fergus Falls, MN September 17, 2024 | 11:45am 1.Call Meeting to Order and Roll Call – Chairperson 2. Approval of Agenda 3. Consent Agenda A. Regular Board Meeting Minutes, August 20, 2024 B. Housing Choice Voucher Rental Assistance Program Report August 2024 C. Community Housing Investment Programs Report August 2024 D. Public Housing Program Report August 2024 E. Check Report August 2024 Reports 4. New Business A. Resolution No. 291 Senior Affordable Housing Program Policy 5. Discussion A. HRA Partnership with Habitat for Humanity: Pelican Rapids 6. Executive Director Report A. Pelican Rapids Small Cities Development Program Award 7. General Discussion – Topics by Commissioners 8. Adjourn 1/70 2/70 The Otter Tail County HRA Board of Commissioners Met for a regular meeting on August 20, 2024 at 11:45am At the Otter Tail County Government Services Center 515 W Fir Ave, Fergus Falls, MN Board Members Present: Wayne Johnson, Chairperson Jeff Ackerson Kurt Mortenson Betty Murphy – arrived shortly after noon Leland Rogness, Vice Chairperson Others Present: Amy Baldwin, OTC HRA Executive Director Tanya Westra, OTC HRA Housing Program Supervisor Julie Bakken, OTC HRA Accounting Specialist Paula Grunewald, OTC HRA Administrative Assistant Kris Vipond, OTC Assistant Finance Director Bryce Karel, Brady Martz & Associates, P.C. 1. CALL TO ORDER Chairperson Johnson called the meeting to order at 11:45 am. 2. APPROVAL OF AGENDA No additions or changes were made from staff. Motion made by Kurt Mortenson, second by Lee Rogness to approve the August 20, 2024 Agenda without changes. Motion passed unanimously. 3. APPROVAL OF CONSENT AGENDA ITEMS Motion made by Jeff Ackerson, second by Lee Rogness to approve the Consent Agenda. Motion passed unanimously. 4. PUBLIC HEARING A. Public Housing Agency Five-Year and Annual Plans, the Housing Choice Voucher Administrative Plan, the Public Housing Admissions and Occupancy Plan and the Public Housing 5 Year Capital Fund Plan Amy Baldwin, OTC HRA Executive Director, stated that at the June Board Meeting the goals for the 2025-2029 Five-Year Agency Plan and Annual Plan for 2025 were reviewed and the proposed non-regulatory changes to the Housing Choice Voucher Administration Plan and the Public Housing Admissions and Continued Occupancy Policy were reviewed. A 45-day notice was placed in the Daily Journal on June 29th to receive feedback from the public by August 12, 2024. No comments were received. Chairperson Wayne Johnson opened the Public Hearing at 11:50am. No members of the public were present to speak for or against the proposal. He asked if anybody was on-line, the answer was no; the call for public comment was made three times, with no response. The Public Hearing was closed. 3/70 OTTERTAIL COUNTY -MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY Government Services Center 500 West Fir Avenue Fergus Falls, MN 56537 218-998-8730 ® OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER @ otterta ilcounty.gov LIVE YOUR best life HERE. ~-...----------7 Pg. 2 5. NEW BUSINESS A. 2023 Audited Financial Statements Amy Baldwin, OTC HRA Executive Director, introduced Bryce Karel from Brady Martz & Associates, P.C. She stated that staff and the HRA Finance Committee, which includes Lee Rogness and Wayne Johnson, met with Bryce Karel on August 15, 2024 to review the Audit. Bryce Karel stated that he had no issues or deficiencies to report. He went over the audit report –  Table of content presentation the same with no major changes.  Pg. 2: The “Opinion” of the Audit – no issues, same findings as prior years and with an unmodified opinion.  Pages 6-9: Financial Highlights of the year; net position – current assets, current liabilities, total net position; brief highlights of the balance sheet; capital assets and economic factors.  Page 23: Combining Schedule of Net Position - includes the split between General & State/Local, Low Rent Public Housing and Section 8 Housing Choice Vouchers.  Pg. 24: Liabilities and Net Position – stated the HRA is in a healthy position.  Pg. 25: Current Year Activity: New items included Proceeds on Sales of Assets Held for Resale – Hidden Meadows, Operating Expenses – PH Utilities, repairs & maintenance increases; Operating loss in Public Housing.  Pg. 26: Wrap up of the Income Statement: Unique as to the Conveyance of Forfeited Lands; Capital Gains Through Public Housing, Net Position for End of Year; Wayne Johnson asked if Vergas is an example of the Conveyance of Forfeited Lands and the answer was yes. This page is a snapshot for cash balance.  Pg. 29: Shows the Schedule of Capital Fund Costs – approved by HUD.  Pg. 14-24 Summarizes: Page 17 – Note 2 describes Deposits and Investment – they are in line and have adequate collateral; Pages 18-20 includes Loans Receivable; Page 19 – Note 5 Assets held for Resale; Note 6 Capital Assets; Note 8 Interim Financing; Pg 21 – New Pronouncements including GASB Statements; Pg 22 – Subsequent Events - North Fields of Dalton is noted as the auditors evaluated through August 12, 2024.  Page 30-31: Describes the Compliance section.  Page 32-32: Two Significant Deficiencies found 1) Preparation of Financial Statements – these are common and not of importance and 2) Proposition of Journal Entries – these have been improved upon, no major concern.  Page 34: Prior Years Finding.  Page 35: Corrected Action Plan. Commissioners thanked and expressed appreciation for Bryce attending the board meeting in person and being very thorough. Amy Baldwin, OTC HRA Executive Director, also thanked Julie Bakken, HRA Accounting Specialist, for her expertise. Kris Vipond, OTC Assistant Finance Director, also expressed appreciation for Julie Bakken and Bryce Karel. Bryce Karel said it has been good working together and is very efficient. B. Resolution No. 286 Approving the Agency Five Year Plan, 2025 Annual Plan, the Capital Fund Five Year Action Plan and definition of Significant Amendment Wayne Johnson, HRA Chairperson, stated a Public Hearing was held and no changes had been received on the Agency Five Year Plan, 2025 Annual Plan, the Capital Fund Five Year Action Plan and definition of Significant Amendment. Tanya Westra, Housing Program Supervisor, described the definition of Significant Amendment or Modification to the CFP 5 Year Action Plan for 2025 and said there were no changes proposed from the current definition. With a motion made by Jeff Ackerson, second by Betty Murphy to approve the Resolution to Adopt the 4/70 Pg. 3 Agency’s Five Year (2025-2029), Annual Plan for 2025 and Capital Fund Program Five Year Action Plan (2022- 2026). Motion passed unanimously. C. Resolution No. 287 Approving Administrative Plan for HCV Program and Admissions and Continued Occupancy Plan for Public Housing Program Tanya Westra, HRA Housing Program Supervisor, stated that HRAs must adopt and implement HUD regulatory changes in its HCV Administration Plan and Public Housing ACOP prior to the January 1, 2025. HRA staff is also recommending additional changes. Changes to the Administrative Plan for HCV Program and Admissions Plan include:  Paperwork to be turned in by the 20th of each month.  Incorporate penalties for Denial of Participation/Termination of Assistance. Changes to the Continued Occupancy Plan for Public Housing Program include:  Increase in pet deposit from $300 to $400 with only 1 pet.  Increase billable rate for maintenance charges from $20 to $30 per hour.  A Negative Rent Questionnaire must be completed by applicable households quarterly for compliance. Motion made by Lee Rogness, second by Kurt Mortenson to approve these changes with an effective date of December 1, 2024. Motion passed unanimously. D. Resolution No. 288 Approving Creation of Finding Home, LLC Amy Baldwin, OTC HRA Executive Director, stated the HRA has been discussing the creation of an LLC to own and operate the senior affordable rental housing project in Dalton along with other potential developments to be owned and operated by the HRA. Motion made by Kurt Mortenson, second by Betty Murphy to approve the execution of the necessary documents to complete the establishment of the LLC. Motion passed unanimously. There was no additional discussion. E. Resolution No. 289 Approving Special Benefit Levy for Taxes Payable 2025 Amy Baldwin, OTC HRA Executive Director, stated that the proposed levy for taxes payable in 2025 is $1,610,431. This is $103,000 more than last year. HRA work is done in partnership with communities. These funds continue to advance HRA’s strategic initiatives of:  Strengthening Communities Initiative: “Create New Homes” - work to advance HRA owned affordable senior rental in NYM.  Housing Stability Initiative “Keeping People in Their Homes” – continue CHIP, DEED Small City Development Program funds in Pelican Rapids (if awarded).  Identify a community partner for an SCDP application in 2026. Motion made by Lee Rogness, second by Jeff Ackerson to approve the proposed levy request for taxes payable in 2025 for $1,610,431. Motion passed unanimously. F. Cancellation of Ottertail Purchase Agreement Amy Baldwin, OTC HRA Executive Director, reported that on June 20, 2023 the HRA and the City of Ottertail executed a purchase agreement for property located in Ottertail for the use of affordable senior rental housing. In 2023, a Minnesota Housing funding application was submitted but was not funded and the purchase agreement is set to expire on December 31, 2024. Ottertail has another use for the property as childcare. Motion made by Betty 5/70 Pg. 4 Murphy, second by Kurt Mortenson to approve the cancellation of the Ottertail Purchase Agreement. Motion passed unanimously. G. Authorization to Apply for Tax Credit General Allocation Pool for New York Mills Amy Baldwin, OTC HRA Executive Director, stated that Minnesota Housing is administering a new State Housing Tax Credit Program and Contribution Funds. Contributions may be allocated to either the General Contribution Pool or a Qualified Project. The general contribution pool has approximately $1.8M available for distribution. Contribution awards are generally in the form of a 0% interest rate loan amortized over 30 years that may be forgivable. Communities under 2,500 in population has a specific set aside amount. Amy Baldwin is requesting the authorization to apply for funding to support construction of senior affordable rental housing in New York Mills. Motion made by Betty Murphy, second by Lee Rogness to approve. Motion passed unanimously. H. Resolution No. 290 Approving Realtor for Pelican Rapids Lot Amy Baldwin, OTC HRA Executive Director, stated that an RFP for Realtor Services was issued on July 24, 2024. Three proposals were received. Tanya Westra, Housing Program Supervisor and Amy Baldwin, HRA Executive Director scored the proposals and recommend Andrew Yaggie of eXp Realty for Realtor Services. His services included a 5% commission, no brokerage fee, marketing services, drone photography, virtual and more. The proposal is contingent on the CDA Board of Commissioners approving Andrew Yaggie’s proposal later today, August 20, 2024. Motion made by Lee Rogness, second by Kurt Mortenson to approve Andrew Yaggie of eXp Realty for Realtor Services contingent on the CDA’s approval. Motion passed unanimously. 6. & 7. DISCUSSION AND EXECUTIVE DIRECTOR REPORT Amy Baldwin, OTC HRA Executive Director reported:  The Housing Assistant Coordinator position has been offered and is pending background check and references.  Construction continues on the Northfields of Dalton project and there has been a change order on the fill; Mitch Harry, Project Manager has been on site; waiting for delivery of the homes – should be first week of September.  The Minnesota NAHRO Conference is September 16-18. Either Tanya or Amy will be attending the Conference and may not be able to be at the September HRA Board Meeting.  Due to conflicts, it is proposed that HRA Board Meetings change their monthly meeting day of Tuesdays in 2025. 8. GENERAL DISCUSSION – NONE 9. ADJOURNMENT At 12:58pm a motion was unanimously carried to adjourn the meeting. ________________________________________________________ ___________________ Secretary/Clerk Date 6/70 8/31/2024 9/1/2024 Difference 55,795.52$ 55,276.52$ -$519.00 110 109 -1 *HAP Transactions 53,439.00$ 52,447.00$ *Utility Reimbursements 1,118.00$ 1,301.00$ *HAP Adjustment 290.00$ *Utility Adjustment *Portability Tranactions (Out) 1,200.00$ 1,200.00$ *Portablilty Admin Fee (Paid)38.52$ 38.52$ 8/31 9/1 New Admissions 0 End Participation 1 Shop Mode/ARS 0 Ports-Out Paid 0 1 Ports Out Pending 0 0 Ports In Pending 0 1 8/31/2024 Waiting List/To Date 62 Applications in Progress 0 Vouchers Issued 1 Vouchers "On the Strreet"0 ELI%83% Monthly Trend Report*Units Available Units Leased Leasing %Budget %Per Unit $ March 2024 144 109 73.4% 120.8% 505.69$ April 2024 144 112 74.5% 128.7% 509.88$ May 2024 144 111 75.1% 127.8% 505.73$ June 2024 144 111 75.6% 128.6% 490.83$ July 2024 144 110 75.2% 129.4% 542.89$ August 2024 144 110 75.0% 128.1% 509.86$ *Leasing % and Budget % based on cumulative activity during calendar year Per Unit $ is rolling three month average *Portability Utility Reimbursement *Hold Landlord Transaction OTC Section 8 Housing Choice Voucher Rental Assistance Program Summary of Actions August 31, 2024 Program Total Financial Transaction Paid This Month* UML (Unit Months Leased or # of Households) 7/70 &, OTTE:R 'TAIL ~, COUNTY-MINNESOTA 218-998-8730 ® HOUSINIG AND REDEVIELOPMENT AUTHO,RITY OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER Go,v,etn mein,t Services Center 500 West Fir Avenue Fergus Falls, MN 56537 @ ottertailcounty.gov COMMUNITY HOUSING INVESTMENT PROGRAMS (CHIP) BOARD REPORT August 2024 Program Applications Approved Applications Denied Inspections Conducted Proceed to Work Issued Projects Complete Goal Program End Date Emergency Home Repair Program (EHRP) 1 On-Going Down Payment Assistance (DPA) 3 3 On-Going SCDP: Reuse 1 On-Going Rent Rehab – RR On-Going Affordable Rental Unit Construction - ARUC On-Going BATTLE LAKE 09/30/2024 SCDP: Commercial 6 2 3 1 8 SCDP: Homeowner 12 7 10 7 6 20 Residential Owner-Occupied Leverage (ROHL) 4 4 3 UNDERWOOD 09/30/2024 SCDP: Homeowner 12 4 12 9 8 17 Residential Owner-Occupied Leverage (ROHL) 5 5 4 8/70 218-998-8730 @ HOUSING AND REDEVELOPMENT AUTHORITY OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER Government Services Center 500 West Fir Avenue Fergus Falls, MN 56537 (!) EOU/\L HOUSING OPPORTUNITY @ ottertailcounty.gov PUBLIC HOUSING BOARD REPORT August 2024 Rents Payable $3,258 Rents Collected $3,258 Total Negative Rents $524 Negative Rents Paid $0 Late Fees Charged $136 Late Fees Collected $136 Number of Units Paying Flat/Ceiling Rent 0 Fiscal Year ELI 100% WAITING LIST as of 09/04/2024 Community 2 Bedroom 3 Bedroom 4 Bedroom Pelican Rapids 7 4 N/A Underwood 5 3 1 Henning 3 4 1 New York Mills 2 4 0 VACANCIES UNIT VACATED LEASE SIGNED 4 Bdrm – New York Mills 01/31/2024 HUD approved Mod Vacancy status is in effect until 09/30/2024. Applicant families have been contacted. 9/70 OTTERTAIL COUNTY -MINNESOTA 218-998-8730 ® HOUSING AND REDEVELOPMENT AUTHORITY OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER Government Services Center 500 West Fir Avenue Fergus Falls, MN 56537 (!) EOUl\l HOUSING OPPORTUNITY @ ottertailcounty.gov Doc Num Voided Type Document Recipient 105 No DD Barbara Dacy LLC 106 No DD Betty Murphy 107 No DD Jeff A Ackerson 108 No DD Kurt A. Mortenson 109 No DD Wayne Johnson 1484 No VD First National Bank-Henning 1491 No CHK City of Vergas 1492 Yes CHK First National Bank-Henning 1492 No VD First National Bank-Henning 1493 No CHK Lakes Country Service Cooperative 1494 No CHK Language Line Services Inc 1495 No CHK Novelty Construction LLC 1496 No CHK Otter Tail County Treasurer 1497 No CHK N F Field Abstract Co LLC 1498 No CHK West Central Abstracting Co Inc 1499 No CHK Madden's on Gull Lake 1500 No CHK Minnesota NAHRO 1501 No CHK Home Depot Credit Services 1502 No CHK Leitch Excavating 1503 No CHK MinnKota EnviroServices Inc 1504 No CHK N F Field Abstract Co LLC 1505 No CHK Ryan Huseby 1506 No CHK State Farm Insurance Companies 1507 No CHK Taft Stettinius & Hollister LLP Payments $282,565.42 $282,565.42 Count 5 2 17 24 End of Report ($24,600.00) Check (CHK)$305,187.50 Total:$282,565.42 Project Summary Program - Project Deposits General Revolving (GR) - General Revolving $0.00 Total:$0.00 Type Summary Document Type Amount Direct Deposit (DD)$1,977.92 Void Payment (VD) 08/23/2024 Dalton Project Financing Yes $15,965.00 Cleared: 22 $245,992.66 Uncleared: 2 $36,572.76 Total Payments: 24 $282,565.42 08/23/2024 Mowing Pelican Rapids Yes $180.00 08/23/2024 N Fields of Dalton Yes $482.86 08/23/2024 Document Destruction Yes $35.40 08/23/2024 O&E Deer Creek Yes $285.00 08/23/2024 Paint, Shovels, Tube Sand - N Fields of Dalton No $107.21 08/23/2024 N Fields of Dalton (Leitch Excavating)No $36,465.55 08/16/2024 Lodging - MN NAHRO 2024 Annual Conference Yes $1,260.18 08/16/2024 MN NAHRO 2024 Conf Reg Yes $1,425.00 08/14/2024 Down Payment Assistance 2024-02 Yes $12,900.00 08/14/2024 Down Payment Assistance 2024-02 Yes $11,700.00 08/09/2024 N Fields of Dalton - Dump, Walls Poured, Etc.Yes $166,236.52 08/09/2024 Payroll, Postage, Accounting, AIA Document & Advertising Yes $44,981.98 08/09/2024 Lead Based Paint Testing - Battle Lake Yes $675.00 08/09/2024 Over the Phone Intrepretation Yes $37.80 08/09/2024 DPA 2024-02 Yes $11,700.00 08/14/2024 Written to incorrect vendor.Yes ($11,700.00) 08/14/2024 Written to incorrect vendor.Yes ($12,900.00) 08/09/2024 Mowing Lots 205, 225 & 235 Eva St Yes $750.00 08/23/2024 Per Diem/Mileage Aug 24 Yes $92.42 08/23/2024 Per Diem/Mileage Aug 24 Yes $102.47 08/23/2024 Per Diem/Mileage Aug 24 Yes $140.66 08/23/2024 Per Diem/Mileage Aug 24 Yes $82.37 Payment Date Document Description Cleared Amount 08/09/2024 7-12-24 to 8-7-24 Services Yes $1,560.00 Otter Tail County Housing Redevelopment Authority General Ledger Cash Payment/Receipt Register General Revolving (GR) Posted Payments www.pha-web.com © 2024 Management Computer Services, Inc. (MCS) Page 1 of 1 9/4/2024 9:33:57 AM Printed by: Julie Bakken 10/70 67% Period YTD Annual Remaining Amount Amount Budget Budget INCOME 3610 Interest Income 3703/5353/3741/0054 632.59 7,668.92 6,000.00 1,668.92 128% 3690 Other Revenue MISC 3,500.00 3,500.00 3690.01 SCDP Administration (DEED) - All Communities 15,079.55 50,000.00 (34,920.45)30% 3690.02 SCDP City/Grant Funds - All Communities 100,825.00 907,860.00 (807,035.00)11% 3690.99 Refunds & Reimbursements 3,097.20 20,000.00 (16,902.80)15% 3691 Levy Revenue 1,631.41 839,371.01 1,513,771.00 (674,399.99)55% 3692 CHIP Down Payment Assistance Repayment 15,000.00 25,638.00 25,638.00 3693.02 CHIP Res Owner Occup Housing Lev (ROHL) Repayment 5,177.00 5,177.00 3693.03 CHIP FFHRA Rehab Repayments 31,772.91 31,772.91 3693.05 CHIP Rental Rehab Revolving Loan Payments 4,204.44 33,104.14 33,104.14 3697 Owner Match Revenue 15,196.06 31,915.06 31,915.06 3699 Sale of Property 35,379.79 35,379.79 TOTAL INCOME 36,664.50 1,132,528.58 2,497,631.00 (1,365,102.42) EXPENSES 4130 Legal 8,505.00 8,505.00 15,000.00 6,495.00 57% 4140 Staff Training 2,685.18 3,322.18 9,000.00 5,677.82 37% 4150 Travel 406.69 1,500.00 1,093.31 27% 4170 Accounting 5,000.00 35,000.00 60,000.00 25,000.00 58% 4171 Audit 9,800.00 16,000.00 6,200.00 61% 4190 Other Administrative Expenses 142.61 760.21 1,000.00 239.79 76% 4190.01 Manuals, Subscriptions 239.00 1,000.00 761.00 24% 4190.02 Office Supplies 602.71 1,700.00 1,097.29 35% 4190.03 Postage 335.47 1,796.79 2,500.00 703.21 72% 4190.04 Telephone & Internet 300.00 300.00 0% 4190.05 Dues 926.20 1,500.00 573.80 62% 4190.06 Advertising 161.66 637.89 2,000.00 1,362.11 32% 4190.08 Consulting Fees 1,597.80 8,060.80 85,000.00 76,939.20 9% 4190.2 Management Fees-OTC Admin 29,994.48 218,152.54 459,350.00 241,197.46 47% 4190.22 Management Fees - Construction Consultant 9,395.58 65,000.00 55,604.42 14% 4210 Board Member Payments 417.92 2,706.35 4,000.00 1,293.65 68% 4430 Maintenance - Contracts 930.00 930.00 (930.00) 4430.1 Misc Contracts - Software 6,680.00 7,700.00 1,020.00 87% 4510 Insurance 47,762.42 47,000.00 (762.42)102% 4521 Assessments 80.00 80.00 0% 4570 Housing Choice Voucher Operating Support 1,413.43 9,509.19 30,000.00 20,490.81 32% 4580 Public Housing Operating Support 7,856.96 29,912.44 20,000.00 (9,912.44)150% 4590.01 SCDP O & E Reports 95.00 380.00 (380.00) 4590.02 SCDP Lead Based Paint Testing 675.00 2,025.00 (2,025.00) 4590.03 SCDP Construction (DEED)19,746.00 907,860.00 888,114.00 2% 4590.04 SCDP Recording Fees 138.00 (138.00) 4590.05 SCDP General Expense - Leverage 209,110.00 209,110.00 0% 4592.01 HOP Demolition/Site Clearance 45,000.00 45,000.00 0% 4593.02 CAP Property Acquisition 48.65 25,000.00 24,951.35 0% 4593.03 CAP Consulting Fees 455.00 10,000.00 9,545.00 5% 4593.04 CAP Architect/Engineering 45,000.00 45,000.00 0% 4593.05 CAP Legal Fees 5,000.00 5,000.00 0% 4593.06 CAP Affordable Senior Housing Program Leverage 131,031.00 131,031.00 0% 4594 CHIP Down Payment Assistance 11,700.00 33,420.00 55,000.00 21,580.00 61% 4595.01 CHIP Emergency Housing Repair Program (EHRP)190.00 331.00 45,000.00 44,669.00 1% 4595.02 CHIP Res Owner Occupied Housing Leverage (ROHL)92.00 70,000.00 69,908.00 0% 4595.04 CHIP Affordable Rental Unit Constr (ARUC) Program 70,000.00 70,000.00 4596.50 CWIP Pre-Development Expense 210,864.91 440,297.55 (440,297.55) TOTAL EXPENSES 282,565.42 892,039.19 2,447,631.00 1,555,591.81 36% SURPLUS (245,900.92)240,489.39 50,000.00 190,489.39 481% Otter Tail County Housing Redevelopment Authority Operating Statement Eight Months Ending 08/31/2024 Program: General Revolving (GR) Project: Consolidated Percent of Year www.pha-web.com © 2024 Management Computer Services, Inc. (MCS) Page 1 of 1 9/4/2024 8:26:22 AM Printed by: Julie Bakken 11/70 Period Amount Balance ASSETS 1111 Cash (250,177.59)1,957,973.27 1111.1 Certificates of Deposit 148,687.23 1111.2 Cash MHFA Loan Acct #0054 0.52 4,087.71 1111.4 Committed for Housing Trust Fund 542,835.00 1113 Cash Rental Rehab 4,276.15 340,556.44 1130.1 Loan Receivable-Rental Rehab 93,540.62 1130.2 Loan Receivable-Down Payment Assistance 89,238.00 1130.3 Loan Receivable-Tax Levy Rehab Provision 227,013.76 1130.4 Loan Receivable-Homeowner Rehab 216,501.99 1130.9 Loan Allowance (443,515.75) 1400.12 Assets Held for Resale 42,588.50 1400.5 Accumulated Depreciation (3,487.25) 1400.6 Land 26,400.00 1400.9 Furn/Equip/Mach - Admin 9,657.00 TOTAL ASSETS (245,900.92)3,252,076.52 LIABILITIES AND SURPLUS LIABILITIES TOTAL LIABILITIES SURPLUS 2700 Income/Expense Clearing Account 420,948.43 2806 Unrestricted Net Position 2,590,638.70 2806 Unrestricted Net Position (Current Year) (245,900.92)240,489.39 TOTAL SURPLUS (245,900.92)3,252,076.52 TOTAL LIABILITIES AND SURPLUS (245,900.92)3,252,076.52 Otter Tail County Housing Redevelopment Authority Balance Sheet August 2024 Program: General Revolving (GR) Project: Consolidated www.pha-web.com © 2024 Management Computer Services, Inc. (MCS) Page 1 of 1 9/4/2024 8:26:21 AM Printed by: Julie Bakken 12/70 Doc Num Voided Type 1045 No DD 1046 No DD 1047 No DD 1048 No DD 1049 No DD 1050 No DD 1051 No DD 1052 No DD 1053 No DD 1054 No DD 1055 No DD 1056 No DD 1057 No DD 1058 No DD 1059 No DD 1060 No DD 1061 No DD 1062 No DD 1063 No DD 1064 No DD 1065 No DD 1066 No DD 1067 No DD 1068 No DD 1069 No DD 1070 No DD 1071 No DD 1072 No DD 1073 No DD 1074 No DD 1075 No DD 1076 No DD 1077 No DD 1078 No DD 1079 No DD 1080 No DD 1081 No DD 1082 No DD 1083 No DD 1084 No DD 1085 No DD 1086 No DD 1087 No DD 1088 No DD 1089 No DD 1090 No DD 6381 No CHK 6382 No CHK 6383 No CHK 6384 No CHK08/01/2024 HAP Payment Aug 24 Yes $667.00 08/01/2024 HAP Payment Aug 24 Yes $1,077.00 08/01/2024 HAP Payment Aug 24 Yes $349.00 08/01/2024 HAP Payment Aug 24 Yes $272.00 08/01/2024 HAP Payment Aug 24 Yes $225.00 08/01/2024 HAP Payment Aug 24 Yes $672.00 08/01/2024 HAP Payment Aug 24 Yes $2,200.00 08/01/2024 HAP Payment Aug 24 Yes $605.00 08/01/2024 HAP Payment Aug 24 Yes $598.00 08/01/2024 HAP Payment Aug 24 Yes $294.00 08/01/2024 HAP Payment Aug 24 Yes $618.00 08/01/2024 HAP Payment Aug 24 Yes $250.00 08/01/2024 HAP Payment Aug 24 Yes $2,029.00 08/01/2024 HAP Payment Aug 24 Yes $496.00 08/01/2024 HAP Payment Aug 24 Yes $440.00 08/01/2024 HAP Payment Aug 24 Yes $442.00 08/01/2024 HAP Payment Aug 24 Yes $345.00 08/01/2024 HAP Payment Aug 24 Yes $324.00 08/01/2024 HAP Payment Aug 24 Yes $188.00 08/01/2024 HAP Payment Aug 24 Yes $342.00 08/01/2024 HAP Payment Aug 24 Yes $672.00 08/01/2024 HAP Payment Aug 24 Yes $1,477.00 08/01/2024 HAP Payment Aug 24 Yes $460.00 08/01/2024 HAP Payment Aug 24 Yes $3,736.00 08/01/2024 HAP Payment Aug 24 Yes $421.00 08/01/2024 HAP Payment Aug 24 Yes $546.00 08/01/2024 HAP Payment Aug 24 Yes $391.00 08/01/2024 HAP Payment Aug 24 Yes $1,038.00 08/01/2024 HAP Payment Aug 24 Yes $380.00 08/01/2024 HAP Payment Aug 24 Yes $5,205.00 08/01/2024 HAP Payment Aug 24 Yes $1,391.00 08/01/2024 HAP Payment Aug 24 Yes $2,489.00 08/01/2024 HAP Payment Aug 24 Yes $589.00 08/01/2024 HAP Payment Aug 24 Yes $800.00 08/01/2024 HAP Payment Aug 24 Yes $145.00 08/01/2024 HAP Payment Aug 24 Yes $1,033.00 08/01/2024 HAP Payment Aug 24 Yes $550.00 08/01/2024 HAP Payment Aug 24 Yes $950.00 08/01/2024 HAP Payment Aug 24 Yes $450.00 08/01/2024 HAP Payment Aug 24 Yes $470.00 08/01/2024 HAP Payment Aug 24 Yes $8,305.00 08/01/2024 HAP Payment Aug 24 Yes $400.00 08/01/2024 HAP Payment Aug 24 Yes $345.00 08/01/2024 HAP Payment Aug 24 Yes $710.00 08/01/2024 HAP Payment Aug 24 Yes $439.00 08/01/2024 HAP Payment Aug 24 Yes $392.00 08/01/2024 HAP Payment Aug 24 Yes $700.00 08/01/2024 HAP Payment Aug 24 Yes $529.00 08/01/2024 HAP Payment Aug 24 Yes $301.00 Payment Date Document Description Cleared Amount 08/01/2024 HAP Payment Aug 24 Yes $1,314.00 Otter Tail County Housing Redevelopment Authority General Ledger Cash Payment/Receipt Register Housing Choice Vouchers Posted Payments www.pha-web.com © 2024 Management Computer Services, Inc. (MCS) Page 1 of 2 9/4/2024 9:38:37 AM Printed by: Julie Bakken 13/70 Otter Tail County Housing Redevelopment Authority General Ledger Cash Payment/Receipt Register Housing Choice Vouchers 6385 No CHK 6386 No CHK 6387 No CHK 6388 No CHK 6389 No CHK 6390 No CHK 6391 No CHK 6392 No CHK 6393 No CHK 6394 No CHK 6395 No CHK 6396 No CHK 6397 No CHK 6398 No CHK 6399 No CHK 6400 No CHK 6401 No CHK 6402 No CHK 6403 No CHK 6404 No CHK 6405 No CHK Payments $61,842.52 $61,842.52 Count 46 25 71 End of Report $15,099.52 Total:$61,842.52 Project Summary Program - Project Deposits Housing Choice $0.00 Total:$0.00 Type Summary Document Type Amount Direct Deposit (DD)$46,743.00 Check (CHK) Cleared: 67 $61,494.52 Uncleared: 4 $348.00 Total Payments: 71 $61,842.52 08/01/2024 Port Out Payment Aug 24 Yes $1,238.52 08/09/2024 HCV Payroll July 2024 Yes $6,047.00 08/01/2024 HAP Util Payment Aug 24 No $35.00 08/01/2024 HAP Util Payment Aug 24 Yes $61.00 08/01/2024 HAP Util Payment Aug 24 Yes $103.00 08/01/2024 HAP Util Payment Aug 24 Yes $50.00 08/01/2024 HAP Util Payment Aug 24 Yes $24.00 08/01/2024 HAP Util Payment Aug 24 Yes $147.00 08/01/2024 HAP Util Payment Aug 24 Yes $12.00 08/01/2024 HAP Util Payment Aug 24 Yes $84.00 08/01/2024 HAP Util Payment Aug 24 Yes $52.00 08/01/2024 HAP Util Payment Aug 24 Yes $6.00 08/01/2024 HAP Util Payment Aug 24 Yes $120.00 08/01/2024 HAP Util Payment Aug 24 Yes $37.00 08/01/2024 HAP Util Payment Aug 24 Yes $74.00 08/01/2024 HAP Util Payment Aug 24 No $108.00 08/01/2024 HAP Util Payment Aug 24 No $67.00 08/01/2024 HAP Util Payment Aug 24 No $138.00 08/01/2024 HAP Payment Aug 24 Yes $977.00 08/01/2024 HAP Payment Aug 24 Yes $2,666.00 08/01/2024 HAP Payment Aug 24 Yes $735.00 www.pha-web.com © 2024 Management Computer Services, Inc. (MCS) Page 2 of 2 9/4/2024 9:38:37 AM Printed by: Julie Bakken 14/70 67% Period YTD Annual Remaining Amount Amount Budget Budget INCOME 3110 Dwelling Rent HAP Repayment 5,214.00 1,776.00 3,438.00 294% 3301 Admin Subsidy 8,411.00 52,787.00 77,347.00 (24,560.00)68% 3301.1 HAP Subsidy 57,366.00 435,811.00 493,508.00 (57,697.00)88% 3450 Fraud Recovery - Admin 50%860.50 860.50 3450.1 Fraud Recovery - HAP 50%860.50 860.50 3610 Investment Income (0062)11.81 87.98 120.00 (32.02)73% 3690.1 Other Revenue HAP 30,000.00 (30,000.00)0% TOTAL INCOME 65,788.81 495,620.98 602,751.00 (107,130.02)82% EXPENSES 4150 Travel 600.00 600.00 4190 Other Admin Expenses (Apps, Service Charges)11.00 99.00 400.00 301.00 25% 4190.01 Manuals, Subscriptions 1,078.00 500.00 (578.00)216% 4190.08 Consulting Fees 1,945.00 1,945.00 0% 4190.2 Management Fees-OTC 6,047.00 42,895.00 91,887.00 48,992.00 47% 4715.1 HAP Occupied Units 54,557.00 436,288.00 474,401.00 38,113.00 92% 4715.P HAP-Portability Out 1,200.00 5,181.00 23,500.00 18,319.00 22% 4716.P Port Out Admin Fee 38.52 143.85 1,200.00 1,056.15 12% TOTAL EXPENSES 61,853.52 485,684.85 594,433.00 108,748.15 82% SURPLUS 3,935.29 9,936.13 8,318.00 1,618.13 119% Otter Tail County Housing Redevelopment Authority Operating Statement Eight Months Ending 08/31/2024 Program: Housing Choice Vouchers Project: Consolidated Percent of Year www.pha-web.com © 2024 Management Computer Services, Inc. (MCS) Page 1 of 1 9/4/2024 8:49:08 AM Printed by: Julie Bakken 15/70 Period Amount Balance ASSETS 1111 Cash Unrestricted 3,935.29 63,018.96 1121 Fraud A/R 678.00 1129 A/R Tenants 4,536.00 TOTAL ASSETS 3,935.29 68,232.96 LIABILITIES AND SURPLUS LIABILITIES TOTAL LIABILITIES SURPLUS 2700 Inc & Exp Clearing 4,078.69 2805 Restricted Net Position 18,225.24 2805 Restricted Net Position (Current Year) 1,609.00 (4,797.50) 2806 Unrestricted Position 35,992.90 2806 Unrestricted Position (Current Year) 2,326.29 14,733.63 TOTAL SURPLUS 3,935.29 68,232.96 TOTAL LIABILITIES AND SURPLUS 3,935.29 68,232.96 Otter Tail County Housing Redevelopment Authority Balance Sheet August 2024 Program: Housing Choice Vouchers Project: Consolidated www.pha-web.com © 2024 Management Computer Services, Inc. (MCS) Page 1 of 1 9/4/2024 8:49:07 AM Printed by: Julie Bakken 16/70 Doc Num Voided Type #01-00000621-00-0 July 24 No INV #01-00041004-00-6 July 24 No INV #01-00041101-00-0 July 24 No INV #01-00041152-00-6 July 24 No INV 7388 No CHK 7389 No CHK 7390 No CHK 7391 No CHK 7392 No CHK 7393 No CHK 7394 No CHK 7395 No CHK 7396 No CHK Doc Num Voided Type 1000 No CHK 1002 No CHK 1070 No CHK 1259 No CHK 1262 No CHK 1331 No CHK 1332 No CHK 2847 No CHK 3647 No CHK 5655 No CHK 23965 No CHK 10468322 No CHK 29249908121 No MO 29280173995 No MO Payments $23,023.19 $23,023.19 Count 4 21 2 27 End of Report $27,049.70 Money Order (MO)$1,080.00 Total:$29,169.03 Project Summary Program - Project Deposits Public Housing - Family $6,145.84 Total:$6,145.84 Type Summary Document Type Amount Invoice (INV)$1,039.33 Check (CHK) Cleared: 14 $6,145.84 Uncleared: 0 $0.00 Total Deposits: 14 $6,145.84 08/05/2024 Payment - Money Order Yes $480.00 08/09/2024 Payment - Money Order Yes $600.00 08/26/2024 Payment - Check, Salvation Army Yes $490.00 08/09/2024 Payment - Check Yes $118.76 08/05/2024 Payment - Check Yes $492.00 08/05/2024 Payment - Check Yes $770.00 08/09/2024 Payment - Check Yes $296.29 08/26/2024 Payment - Check Yes $650.00 08/26/2024 Payment - Check Yes $262.58 08/08/2024 Payment - Check Yes $321.00 08/09/2024 Payment - Check Yes $263.86 08/05/2024 Payment - Check Yes $518.35 08/08/2024 Payment - Check Yes $648.00 08/19/2024 Payment - Check Yes $235.00 Posted Deposits Control Date Document Description Cleared Amount Cleared: 12 $22,345.65 Uncleared: 1 $677.54 Total Payments: 13 $23,023.19 08/23/2024 Water, Gas, Sewer Yes $480.77 08/23/2024 Snake Drain - Pelican Rapids Yes $385.00 08/23/2024 Dehumidifier, Drain Snake, Etc. & Kitchen Faucet No $677.54 08/23/2024 Down Tree Removal -NYM Yes $300.00 08/09/2024 Remove & Build New Deck-Capital Fund Yes $3,100.00 08/23/2024 Solar Salt Yes $11.40 08/09/2024 Maintenance Materials Yes $29.46 08/09/2024 July 24 Lawn Care Yes $150.00 08/01/2024 Water, Electric, Gas, Sewer Yes $255.10 08/09/2024 Toilet Supplies Yes $16,849.69 08/01/2024 Water, Electric, Gas, Sewer Yes $250.00 08/01/2024 Water, Electric, Gas, Sewer Yes $318.47 Payment Date Document Description Cleared Amount 08/01/2024 Water, Electric, Gas, Sewer Yes $215.76 Otter Tail County Housing Redevelopment Authority General Ledger Cash Payment/Receipt Register Public Housing Posted Payments www.pha-web.com © 2024 Management Computer Services, Inc. (MCS) Page 1 of 1 9/4/2024 9:44:22 AM Printed by: Julie Bakken 17/70 67% Period YTD Annual Remaining Amount Amount Budget Budget INCOME 3110 Dwelling Rental 2,734.00 26,341.16 32,000.00 (5,658.84)82% 3401.1 HUD Operating Subsidy 17,162.00 45,000.00 (27,838.00)38% 3401.2 HUD Capital Funds-Operations/Admin 305.00 7,000.00 (6,695.00)4% 3401.3 HUD Capital Funds-Project 19,927.72 27,546.16 33,000.00 (5,453.84)83% 3610 Interest Income (5673/0070)21.14 183.52 200.00 (16.48)92% 3690 Other Income (NSF, Late Fee, GR Support)136.00 1,009.60 21,000.00 (19,990.40)5% 3690.1 Water Charge Income 585.89 4,497.10 6,300.00 (1,802.90)71% 3690.2 Electric Charge Income 1,354.50 6,662.42 12,000.00 (5,337.58)56% 3690.3 Gas Charge Income 244.29 5,179.45 11,000.00 (5,820.55)47% 3690.31 Sewer Charge Income 662.57 5,141.04 7,350.00 (2,208.96)70% 3690.4 Other Tenant Charges (Maint)1,325.96 1,325.96 TOTAL INCOME 25,666.11 95,353.41 174,850.00 (79,496.59) EXPENSES 4130 Legal 8,443.50 750.00 (7,693.50)1126% 4140 Staff Training 2,000.00 2,000.00 0% 4150 Travel 223.67 500.00 276.33 45% 4171 Audit 2,200.00 2,200.00 100% 4190 Other Admin Expenses (Reports, Apps)200.00 200.00 0% 4190.01 Manuals, Subscriptions 600.00 500.00 (100.00)120% 4190.06 Advertising 200.00 200.00 0% 4190.08 Consulting Fees 1,950.00 1,950.00 0% 4190.2 Management Fees-OTC 24,999.97 25,000.00 0.03 100% 4310 Water 594.84 4,256.38 6,400.00 2,143.62 67% 4320 Electric 1,204.18 5,762.54 12,250.00 6,487.46 47% 4330 Gas 278.82 4,720.80 11,500.00 6,779.20 41% 4331 Sewer 694.19 4,956.58 7,500.00 2,543.42 66% 4400 Maintenance - Tools & Equip 500.00 500.00 0% 4420 Maintenance - Materials 728.97 9,204.12 5,500.00 (3,704.12)167% 4430 Maintenance - Contracts 846.40 11,404.98 15,000.00 3,595.02 76% 4431 Garbage and Trash Removal Contracts 595.50 500.00 (95.50)119% 4510 Insurance 26,073.17 25,000.00 (1,073.17)104% 4520 PILOT 3,900.00 3,900.00 0% 4521 Assessments 912.26 1,400.00 487.74 65% 4570 Collection Loss 500.00 500.00 0% 4580 Interest Expense (on Security Deposits)300.00 300.00 0% 4600 Capital Fund Projects 19,927.72 27,546.16 33,000.00 5,453.84 83% 4610 Extraordinary Maintenance 3,500.00 3,500.00 0% TOTAL EXPENSES 24,275.12 131,899.63 160,050.00 28,150.37 82% SURPLUS 1,390.99 (36,546.22)14,800.00 (51,346.22)-247% Otter Tail County Housing Redevelopment Authority Operating Statement Eight Months Ending 08/31/2024 Program: Public Housing Project: Consolidated Percent of Year www.pha-web.com © 2024 Management Computer Services, Inc. (MCS) Page 1 of 1 9/4/2024 9:12:02 AM Printed by: Julie Bakken 18/70 Period Amount Balance ASSETS 1111 Cash 1,819.58 90,269.25 1114 Tenant Security Deposit Cash 9,173.50 1122 A/R Tenants (727.69)4,895.50 1122.1 Allowance for Doubtful Accts (200.00) 1129 A/R Other 0.83 1400.5 Accumulated Depreciation (1,112,431.70) 1400.6 Land 32,990.31 1400.7 Buildings 1,661,869.49 TOTAL ASSETS 1,091.89 686,567.18 LIABILITIES AND SURPLUS LIABILITIES 2114 Tenant Security Deposits 9,688.08 2119 Accounts Payable (418.66) 2119.1 A/P Admin 418.66 2240 Tenants Prepaid Rent (299.10)0.41 TOTAL LIABILITIES (299.10)9,688.49 SURPLUS 2700 Income/Expense Clearing Account (59,196.97) 2700 Income/Expense Clearing Account (Current Year) 1,390.99 (36,546.22) 2700 Income/Expense Clearing Account (Unclosed 2022) 0.01 2802 Invested in Capital Assets, Net of Related Debt 679,466.94 2806 Unrestricted Net Position 93,154.93 TOTAL SURPLUS 1,390.99 676,878.69 TOTAL LIABILITIES AND SURPLUS 1,091.89 686,567.18 Otter Tail County Housing Redevelopment Authority Balance Sheet August 2024 Program: Public Housing Project: Consolidated www.pha-web.com © 2024 Management Computer Services, Inc. (MCS) Page 1 of 1 9/4/2024 9:12:01 AM Printed by: Julie Bakken 19/70 OTTER TAIL COUNTY HOUSING AND REDEVELOPMENT AUTHORITY REQUEST FOR BOARD ACTION September 17, 2024 BOARD MEETING DATE AGENDA ITEM # 4A Tanya Westra 09/11/2024 REQUESTOR’S SIGNATURE/DATE BOARD ACTION REQUESTED Resolution No. 291 Adopting the Senior Affordable Housing Program Policy PREVIOUS ACTION ON REQUEST/OTHER PARTIES ADVISED As construction of the Senior Affordable Housing in Dalton in underway, it is necessary for the HRA to establish policies and procedures to lay the groundwork for this and future senior housing developments by which they will be managed. Because the HRA is self-financing this project, HUD and MN Housing policies do not apply. Careful consideration was given to parallel some HUD policies in order to make management of this program more efficient. Examples include:  Reasonable Accommodation Language  Violence Against Women’s Act Language  Waiting list management  Sources of income and assets included in determination of eligibility  How income is calculated Other areas of the policy are streamlined for efficient management. Examples include:  Income certification at time of initial occupancy only  Annual recertification would consist of verification of who is residing in the unit and background checks Staff recommends the adoption of Resolution No. 291 with an immediate effective date. EXECUTIVE DIRECTOR DATE: Amy Baldwin 09/11/2024 ATTACHMENT LIST: Program Policy Resolution No. 291 FINANCIAL IMPLICATIONS: N/A BUDGETED: YES NO FUNDING: COMMENTS 20/70 RESOLUTION NO. 291 ADOPTION OF SENIOR AFFORDABLE HOUSING POLICY WHEREAS, pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the Otter Tail County Housing and Redevelopment Authority (the “Authority”) is authorized to develop and administer programs of making and purchasing loans to finance multifamily housing developments and functionally related facilities; and WHEREAS, Minnesota Statutes, Section 462C.05, subdivision 2, provides that such multifamily housing developments can be designed to be affordable for persons or households of low to moderate income; and WHEREAS, on July 18, 2023, the Authority Board of Commissioners approved the Senior Affordable Housing Program (the “Program”) pursuant to the Act; and WHEREAS, to effectively administer the Program, adoption of policy is necessary. NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. That the Program Policy included as Exhibit A is hereby adopted with an immediate effective date. 2. That the Executive Director is authorized, empowered, and directed to undertake any other tasks as she deems necessary or desirable in her discretion to effectuate the purposes of the foregoing Resolution. Upon the motion of _______________, seconded by _________________, and passed on a ___________________ vote, the above resolution is hereby adopted by the Otter Tail County Housing and Redevelopment Authority Board of Commissioners. Adopted this 17th day of September, 2024. Dated: _______________________________ OTTER TAIL COUNTY HRA BOARD OF COMMISSIONERS Attest:________________________________ By:_______________________________ 21/70 1 OTTER TAIL COUNTY HOUSING AND REDEVELOPMENT AUTHORITY SENIOR AFFORDABLE HOUSING PROGRAM POLICY Adopted: XXXXXX, 2024 22/70 2 PREFACE OTTER TAIL COUNTY AFFORDABLE SENIOR HOUSING PROGRAM Background. Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the Otter Tail County Housing and Redevelopment Authority, in and for Otter Tail County, Minnesota (the "Authority") is authorized to develop and administer programs of making or purchasing loans to finance multifamily housing developments. Minnesota Statutes, Section 462C.05, subdivision 2, provides that such multifamily housing developments can be designed to be affordable. On July 18, 2023, the Authority approved Resolution No. 246 adopting this "Program" to construct an affordable housing development for the purpose of serving low and moderate income elderly persons aged 55 and over (“Affordable Senior Housing”) within the Authority's area of operation in Otter Tail County, subject to Minnesota Statutes, Sections 469.001 through 469.047 (the “Law"). Program Description. The HRA has subsequently financed and constructed a development, to be known as “North Fields of Dalton” (the “Project”), which shall be owned and operated by the HRA. The Project consists of the acquisition of one acre of property in Dalton, Minnesota (the “City”), and the construction of two triplexes thereon. Each triplex will offer one-bedroom and two-bedroom units and is expected to be known as North Fields of Dalton, located at 112 and 118 Court Street in the City. The Project is designed and is intended for residency by senior persons or households who meet certain affordability standards as defined herein and pursuant to the Act. The Project has been designed to be affordable, and all units thereof shall be leased to persons or households with adjusted gross incomes not exceeding 80% of AMI, all in accordance with the Act, Law, and other applicable state and federal laws. In addition to creating affordable housing for income eligible senior persons or households, it is the intent of the Program to: 1) manage housing operations to provide safe and efficient housing for seniors to live comfortably; 2) manage housing operations in a fiscally responsible manner; 3) facilitate connections to county services, when appropriate; and 4) create additional units aimed at serving low and moderate income senior persons or households. 23/70 3 Part I DEFINITIONS Annual Income: Annual income is the anticipated total income from all sources received by the family head, co-head (even if temporarily absent) and by each additional member of the family, including all net income derived from assets, for the 12-month period following the effective date of certification, exclusive of income as defined in Part I. Annual income includes, but is not limited to, the following: A. The full amount, before any payroll deductions, of wages and salaries, including compensation for overtime and other compensation for personal services (such as commissions, fees, tips, and bonuses). B. Net income from operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine net income from a business. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdraws of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family. C. Interest, dividends, and net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in Part I, B. Any withdraws of cash or assets from an investment will be included in income except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or 0.3% of the value of such assets. D. The full amount received from Social Security, annuities, and periodic payments from insurance policies, retirement income, pensions, periodic benefits for disability or death, and other similar types of periodic receipts. 24/70 4 E. Payments in lieu of earnings, such as unemployment and disability compensation, workman’s compensation, and severance pay. F. Welfare assistance payments. G. Periodic and determinable allowances, such as alimony and regular contributions or gifts, including amounts received from any person not residing in the dwelling. Annual Income Does Not Include: A. Temporarily, non-recurring or sporadic income (including gifts). B. Amounts that are specifically received for, or in reimbursement of, the cost of medical expenses for any family member. C. Lump sum additions to family assets, such as inheritances, insurance payments, (including payments under health and accident insurance and worker’s compensation), capital gains, and settlement for personal or property losses. D. Deferred periodic payments of Supplemental Security Income (SSI) and Social Security benefits that are received in a lump sum. E. Income of a live-in aide. Co-head: Household member residing with the head-of-household. Community Roots: Applicants who have immediate family members in Otter Tail County. Immediate family members are defined as mother, father, son, daughter, brother, or sister. Contract Rent: The total rent received by the Otter Tail County HRA from the resident rent and housing assistance payment. Effective Date: The effective date of an examination or reexamination refers to (i) in the case of an examination for admission, the effective date of initial occupancy, and (ii) in the case of reexamination of an existing tenant, the effective date of the redetermination of the total tenant payment. 25/70 5 Near Elderly Family A family with at least one person 55 years of age or older per unit. Near Elderly Person: A person who is at least 55 years of age. Eligibility Income: For the purpose of determining whether a family is income eligible, income shall be determined in accordance with the definition of annual income in Part I. Gross Income: Total annual income as defined in this section. Head of Household: The head of the household is the person who assumes legal and moral responsibility for the household. HRA: Otter Tail County Housing and Redevelopment Authority Live-in Aide: A person who resides with a resident(s) who: A. Is determined by the HRA to be essential to the care and well- being of the person(s); B. Is not obligated for support of the person(s); and C. Would not be living in the unit except to provide necessary supportive services. Lower Income Family: A family whose annual income does not exceed 80% of the median income for the area, as determined by US Department of Housing and Urban Development. Net Family Assets: The net cash value after subtracting reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds, and other forms of capital investment. In determining net family assets, the HRA shall include the value of any business or family assets disposed of by an applicant or resident for less than fair market value (including a disposition of trust, but not in a foreclosure or bankruptcy sale) during the five (5) years preceding the date of application for the program or reexamination, as applicable, in excess of the consideration received therefore. In the case of a disposition as part of a separation or divorce settlement, the disposition will not be considered to be for less than fair market value if the applicant or resident receives important consideration not measurable in dollar terms. Otter Tail County Resident: An applicant who lives, or whose head of household, spouse, or co - head works in Otter Tail County (the employer must be located in Otter Tail County); an Applicant with Community 26/70 6 Roots (see definition above); or an Applicant who does not have a place of residence that is receiving benefits through Otter Tail County Human Services Department. Resident Rent: The amount payable monthly by the resident as rent to the HRA for the use of the dwelling unit and equipment (such as range and refrigerators), but not including furniture, services and utilities supplied by the property. Section 8: Rental subsidy program ran by the Otter Tail County Housing and Redevelopment Authority. Recipients of this subsidy will receive a portion of resident rent paid. This portion is referred to as the housing assistance payment. Welfare Assistance: Welfare or other payments to families or individuals, based on need, that are made under programs funded, separately or jointly, by Federal, State or local governments. 27/70 7 Part II REASONABLE ACCOMMODATION Sometimes people with disabilities may need reasonable accommodation in order to take full advantage of the HRA housing programs and related services. When such accommodations are granted, they do not confer special treatment or advantage for the person with a disability; rather, they make the program fully accessible to them in a way that would otherwise not be possible due to their disability. This section clarifies how people can request accommodation and the guidelines the HRA will follow in determining whether it is reasonable to provide a requested accommodation. Because disabilities are not always apparent, the HRA will ensure that all applicants/participants are aware of the opportunity to request reasonable accommodations. Factors in Granting or Denying the Accommodation A. Is the requestor a person with disabilities? The definition of disabled used for this purpose is: A person with a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. (The disability may not be apparent to others, i.e., a heart condition). If the disability is apparent or already documented, the answer to this question is yes. It is possible that the disability for which the accommodation is being requested is a disability other than the apparent disability. If the disability is not apparent or documented, the Otter Tail County HRA will obtain verification that the person is a person with a disability. B. Is the requested accommodation related to the disability? If it is apparent that the request is related to the apparent or documented disability, the answer to this question is yes. If it is not apparent, the HRA will obtain documentation that the requested accommodation is needed due to the disability. C. Is the requested accommodation reasonable? In order to be determined reasonable, the accommodation must meet 2 criteria: 28/70 8 1. Would the accommodation constitute a fundamental alteration of the program scope or purpose? The HRA's business is housing. If the request would alter the fundamental business that the HRA conducts, that would not be reasonable. For instance, the HRA would deny a request to have the HRA do grocery shopping for the person with disabilities. 2. Would the requested accommodation create an undue financial hardship or administrative burden? Frequently the requested accommodation costs little or nothing. If the cost would be an undue burden, the HRA may request a meeting with the individual to investigate and consider equally effective alternatives. Generally, the individual knows best what they need; however, the HRA retains the right to be shown how the requested accommodation enables the individual to access or use the HRA’s programs or services. If more than one accommodation is equally effective in providing access to the HRA’s programs and services, the HRA retains the right to select the most efficient or economic choice. All decisions granting or denying requests will be in writing. 29/70 9 Part III ELIGIBILTY REQUIREMENTS A. Profile Requirements To be eligible for admission, at least one person in the household must be 55 years of age or older. B. Income Limits for Admission The applicant’s family must provide adequate evidence that the Annual Income (as defined in Part I) for the 12-month period following occupancy is not anticipated to exceed the Income Limits for Admission. The income limit for admission is 80% of the area median income adjusted by family size as determined by the U.S. Department of Housing and Urban Development. C. Asset Limits for Admission The only asset limitation is in conjunction with determination of whether a family is income eligible as defined in Part I, C, where assets exceed $5,000. (net family assets are defined in Part I). D. Non-Economic Eligibility Criteria In determining eligibility, the following factors shall also apply: 1. Whether the conduct of the applicant in present or prior housing has been such that admission to the program would adversely affect the health, safety, or welfare of other residents, the physical environment, or the financial stability of the program. A record of any of the following occurrences during the past 3 years may be sufficient cause for the HRA to deny eligibility: a. Misrepresented or does not provide complete information related to eligibility, including income, award of preferences for admission, expenses, family composition or rent b. Has an outstanding balance with the Otter Tail County HRA under any subsidized housing program. c. Non-payment of rightful obligations, including rent and utilities. 30/70 10 d. Disturbance of neighbors. e. Destruction of property. f. Poor living or housekeeping habits. g. A history of criminal activity involving criminal violence to persons or property or a record of other criminal acts which adversely affect the health, safety, or welfare of other residents. h. Is subject to registration under any state’s sex offender registration program. HRA staff will conduct a search of all adult members within a household at initial lease up and at annual recertification. The HRA must terminate the lease of a current resident who becomes subject to such registration. i. An applicant who has a record of lease violations and/or excessive damages. j. Has engaged in or threatened violent or abusive behavior toward HRA personnel  Abusive or violent behavior towards HRA personnel includes verbal as well as physical abuse or violence. Use of racial epithets, or other language, written or oral, that is customarily used to intimidate may be considered abusive or violent behavior.  Threatening refers to oral or written threats or physical gestures that communicate intent to abuse or commit violence.  Harassment refers to constant/incessant communication whether in writing or verbal. 2. In determining eligibility for admission, the HRA shall rely upon sources of information which may include, but not limited to, HRA records, personal interviews with the applicant or resident, home visits, interviews with previous landlords, employers, family social workers, parole officers, criminal, court, and credit records, clinics, physicians, or the police department. This will be done in order to determine whether the individual attributes, prior 31/70 11 conduct, and behavior of a particular applicant or resident is likely to interfere with other residents in such a manner as to diminish their health, safety or welfare, or by adversely affecting the physical environment or the financial stability of the HRA’s Senior Housing program. 3. In the event of the receipt of unfavorable information with respect to an applicant, consideration shall be given to the time, nature, and extent of the applicant’s conduct and to factors which might indicate a reasonable probability of favorable future conduct or financial prospects. Each applicant determined to be ineligible shall be promptly notified by the HRA in writing of such determination with the reasons therefore. 32/70 12 Part IV RESIDENT SELECTION AND ASSIGNMENT POLICIES The Resident Selection and Assignment Policies have been designed by the HRA to take into consideration the needs of individual families for the purpose of developing and operating a socially and financially sound low to moderate-income housing program, which provides a decent home, suitable environment, and fosters economic and social diversity in the resident body as a whole. A. The HRA shall not discriminate against any applicant because of race, color, creed, religion, sex, national origin, political or other affiliation, marital status, handicap, or source of income. B. Resident Selection and Assignment Plan Each applicant shall be assigned their place on a waiting list (1 bedroom, 2 bedroom or both) in sequence based upon the date and time their application is received and factors affecting preference or priority established by HRA regulation. When an applicant reaches the top of a waiting list, their eligibility for the program will be evaluated. If approved, the applicant shall be offered a dwelling unit in accordance with the following plan: 1. If at the time the eligible applicant comes to the top of the waiting list and a unit is available, the applicant must accept the vacancy offered or be removed from that eligible applicant list. 2. If the applicant is willing to accept the unit offered but is unable to move at the time the offer is made, the applicant may request to be placed at the bottom of the waiting list. Failure to move into an offered unit a second time will result in the applicant’s name being removed from the waiting list. 3. An applicant that has a pending criminal court case for crimes that would otherwise deem them ineligible will be bypassed until the applicant is either convicted or acquitted of fraud. 4. Once an applicant accepts a unit offered to them by the 33/70 13 HRA, the applicant’s name will be removed. C. Preference Factors in the Selection of Residents for Senior Housing In selecting eligible applicants to fill vacancies the HRA shall give consideration to the following factors in the order shown: 1. Applicants who are currently Public Housing residents in good standing whom are eligible, and the HRA has determined a transfer to a Senior Housing unit is warranted, for reasons of hardship, disability, family size change, or other business reasons which cannot be readily accommodated under the Public Housing program as determined by the HRA’s Housing Assistance Coordinator. 2. Applicants who are Otter Tail County residents and who: a. Are displaced by a disaster such as fire, flood, or tornado. b. Are displaced by federal, state or local government related to public improvement or development. c. Have vacated their housing unit as a result of actual or threatened physical violence recently or of a continuing nature directed against the applicant or one or more members of applicant’s family by a spouse or other household member or applicant lives in a housing unit with such an individual who engages in such violence. In addition, the applicant must be referred from a domestic abuse shelter in which they are currently residing in. 3. Applicants who are residents of, are working in Otter Tail County, or who have Community Roots. NOTE: Community roots are defined as applicants who work, or have immediate family members in the County. Immediate family members are defined as mother, father, son, daughter, brother or sister. 4. Applicants who are non-Otter Tail County residents. D. Reassignment or Transfers to Other Dwelling Units Reassignment or transfers to other dwelling units shall be made 34/70 14 without regard to race, color, or national origin as follows: Residents may request to be put on the waiting list for a different bedroom size. When they reach the top of the waiting list and have fulfilled their initial lease, they may accept the unit offered, Residents may request to transfer to the same bedroom size within the building that they are residing, as a convenience transfer and they will assume all costs of preparing their original unit for re-rental (including, but not limited to: painting, cleaning and flooring replacement). E. Purging the Waiting List The waiting list will be updated as needed to ensure that all applicants and applicant information is current and timely. To update the waiting list, the HRA will send a notice via mail to each applicant on the waiting list to determine whether the applicant continues to be interested in the program. This notice will be sent to the last mailing address that the HRA has on record for the applicant. If the applicant fails to respond by the deadline provided, the applicant will be removed from the waiting list without further notice. If the notice is returned as undeliverable, the applicant will be removed from the waiting without further notice.  If the applicant contacts the HRA within 14 calendar days of removal, the applicant will be placed back on the waiting list. F. Removal from the Waiting List If at any time an applicant is determined ineligible, they will be removed from the waiting list. If at any time an applicant requests that their name be removed from the waiting list, the applicant will be removed from the waiting list. If an applicant is removed from the waiting list because the HRA has determined the family is not eligible for assistance or has failed to comply with a request for information, as it relates to preference or other eligibility components, a notice will be sent to the applicant’s last known mailing address on file. 35/70 15 Part V SCHEDULE OF RENTS AND RENT COLLECTION POLICY A. Schedule of Rents Senior Housing Program Rent: Rental amounts are set on an annual basis and are not based on a percentage of household income. The Executive Director shall have the authority to annually adjust the Schedule of Rents using an inflation factor as described in Part VII, Section B, 1-3. 36/70 16 B. Rent Collection Policy 1. Rents are due and payable on or before the first day of each month. Rents and other charges shall not be accepted in the form of cash. 2. A Notice of Late Rent will be sent to all residents whose rent has not been paid in full by the 5th day of the month. A late rent fee of 8% of the overdue rent (rounded down to the nearest dollar) will be charged in all instances where the rent payment is not received by 4:30 pm on the 5th day of the month. 3. If rent is not paid in full by 4:30 p.m. on the 15th day of the month, a notice to vacate will be issued to the resident giving a 30 day notice to vacate the premises. 4. After the expiration of the notice to vacate, eviction action documents shall be prepared for any account still having a rent balance owing. The documents will then be presented to the clerk of court for filing. Resident will be responsible for management’s legal costs in addition to delinquent rent and any other outstanding balance. Partial payment will not be accepted and payment will only be accepted in the form of a money order or cashier’s check. 5. Receipt of a “Not Sufficient Funds” (NSF) or account closed check will be considered non-payment of rent and procedures outlined above will apply, including assessment of a late fee equaling 8% of the overdue rent (rounded down to the nearest dollar) if acceptable payment is not received by the 5th day of the month. An additional $25.00 NSF or account closed charge will be assessed. Residents who are charged two NSF fees in any 12 month period of time, will be required to remit all payments in the form of a money order or cashier’s check. 6. A termination notice will be sent to those residents where an eviction action has been filed on them three or more times in a 12-month period. 37/70 17 Part VI ADDITIONAL CHARGES A. Security Deposit Each resident is required to pay a security deposit in an amount determined by the HRA. Such payment must be made prior to occupancy. The security deposit will be held until the resident lease end date and will be returned according to Minnesota Landlord and Tenant Statute Chapter 504.20, Subdivision 7A. The security deposit may not be used to pay charges during occupancy. The amount of security deposit is consistent for all senior housing units. The following is the amounts required as security deposits for HRA senior units (all rent structure types, including those units where a Housing Choice Voucher is being utilized by the resident): The security deposit will equal one month of rent charged for the unit the applicant household has accepted. 38/70 18 Part VII RE-EXAMINATION OF RESIDENT ELIGIBILITY This section applies to residents who pay the Senior Affordable Housing Program rents described in Part V of this policy. Annual re-examination will consist of verification of household composition as well as a criminal background check for all adults. A. Residents at the time of lease renewal will be deemed ineligible for failure to meet any of the following: 1. Residents who are scheduled for lease renewal and who are deemed to be ineligible for continued occupancy because of their breach of lease clauses shall be so advised in writing and their leases terminated pursuant to the terms and conditions of the lease. 2. Residents who have been determined incapable of living independently. 3. Residents whom are now subject to registration requirement under any State sex offender registration program. All household members will be searched for on the Sex Offender Registry web site annually. B. At the end of a 12-month lease period, the resident shall receive an automatic percentage increase (inflation factor) in rent which shall apply to and remain in effect for the next 12-month lease period. The increase shall be a percentage of the prior rent. This percent may be changed by the HRA from time to time, and shall be listed on the schedule of rents. 1. The Executive Director shall have the authority to establish percentage increases (inflation factors) of up to 3.5%. 2. The inflation factors will be based on increases in the fair market rent (FMR) established by Department of Housing and Urban Development and the HRA market study. 3. Inflation factors exceeding 3.5% will require approval of the HRA Board of Commissioners. C. If management determines that a resident intentionally or deliberately misrepresented his/her income, assets, or family composition, the resident will be given notice of eviction at the time the misrepresentation is discovered; whether they are or are not eligible at the time the misrepresentation is discovered. 39/70 19 D. To add an additional household member to any residence requires the HRA’s advance review and written approval of the family’s continued eligibility. The HRA will not approve the addition of a person to the household within the first 6 months of occupancy if that additional household member’s income, together with the resident’s family income at admission would have resulted in the family being ineligible for admission. 40/70 20 Part VIII VERIFICATION OF APPLICANT’S STATEMENTS AND INCOME All income and asset information for admission will be verified by the HRA. Written inquiries will include a statement of the purpose of the inquiry and a statement signed by the applicant to permit the source to release information. All verifications will be obtained within 90 days of initial lease date, and will be verified in accordance with the above provisions. If the HRA determines that the applicant will be housed in a flat rent building, first party verifications will be accepted. If the HRA has indication of a discrepancy relating to income and assets, third party verifications may be required. In cases of occupancy constraints, 1st party verification may be accepted. Resident file will contain documentation of all verifications. A. Applicants/residents must furnish verification or provide authorization for the HRA to obtain verification from a third party of all statements regarding income and assets. Certification by signing the application for admission will normally be considered sufficient verification for family composition. B. All income and assets will be verified at the time of admission. Income will be verified by third party verification. If third party written verification is not possible, a review of documentation provided by the family such as benefit checks, income tax returns, benefit award letters, savings and checking account statements, estimated market value of real estate from tax statements, United States savings bond redemption values, and other supporting documents may be accepted. In cases where third party verification is not possible, the HRA will document the reason why another method was used. (United States Treasury checks will not be photocopied). C. The following statements will also be verified and documented in the resident file: 1. Age of family members when the sole factor determining eligibility is age. 2. Non-economic selection criteria when information provides the basis of denial of eligibility based on the conduct of the applicant or members of his or her family. (See Part III – eligibility requirements). 41/70 21 Part IX OCCUPANCY STANDARDS When applying for the Senior Housing program, applicants may select the number of bedrooms they wish to apply for (1-bedroom, 2-bedroom or both). However, in no event should action to be taken to assign smaller units to families than established in the following maximums: Number of Bedrooms Number of Persons Minimum Maximum 1 1 2 2 1 4 42/70 22 Part X COMPANION/SERVICE ANIMAL/PET POLICY This section applies to applicants and residents requesting a companion/service animal/pet. 1. A pet deposit in the amount of $400 must be paid before the animal is approved to be on the premises. 2. All residents with an authorized companion/service animal/pet will be required to review and sign a companion/service animal/pet agreement. 3. Residents will be allowed a maximum of one animal/pet that does not exceed 50 pounds. 4. Wild, undomesticated, vicious, destructive, or uncontrollable animals of any type shall not be permitted. 5. In the case of fish, residents may keep no more than can be maintained in a safe and healthy manner in a tank holding up to 10 gallons. Such a tank or aquarium will be counted as 1 pet. 6. Residents with an authorized animal will receive a copy of the HRA’s animal rules. 7. Each adult member of a household will sign an authorized animal lease addendum. 8. Any damages caused by the authorized animal will be the responsibility of the resident. 9. All animals will be spayed or neutered and will provide proper documentation to the HRA. 10. The resident will provide documentation upon receiving the animal and each year thereafter of the animal’s up-to-date vaccinations. 11. Resident agrees to supply the HRA with at least 2 alternate households where the animal can be cared for in the event of an emergency. For an animal to be considered a service animal, it must be a trained dog, and there must be a person with disabilities in the household who requires the dog’s services. For an animal to be considered a companion animal, there must be a person with disabilities in the household, there must be a disability-related need for the animal, and the family must request a reasonable accommodation. 43/70 23 Part XI LEASING A. Prior to admission, a lease shall be signed by the family head and, if applicable, co-head (jointly and severally) and executed by the HRA. B. The lease is to be current at all times and must be compatible with HRA policies as well as state and federal law. C. Notices of rent adjustments which are issued to amend the dwelling lease will be signed by all members of the household and the HRA. Schedules of special charges for services, repairs and utilities, and rules and regulations which are required to be incorporated in the lease by reference shall be furnished upon request. Such schedules, rules and regulations may be modified from time to time. D. Any modification of the lease must be in writing and delivered personally or via first class mail to the resident and signed by both parties. 44/70 24 Part XII LEASE TERMINATIONS A. The resident may terminate the lease by providing the HRA with written notice of no less than two full rental months as defined in the lease agreement. This notice must be received on or before the last day of the second month preceding the month of desired lease termination. For example, to vacate on August 31, notice must be received by the HRA on, or before June 30th. B. In the event of a resident’s death or admission to a nursing home, when there is no surviving member, aged 55 years or older of the household remaining in the unit, the resident’s family may terminate the lease by providing written notice to the HRA of no less than one full rental month as defined in the lease agreement. This notice must be received on or before the last day of the month preceding the month of desired lease termination. For example, to vacate on August 31, notice must be received by the HRA on or before July 31. The lease may be terminated by the HRA at any time for good cause, such as but not limited to chronic rent delinquency, failure to pay service charges, engages in harassment or threatens violent or abusive behavior toward HRA personnel, service providers or other residents/guests of the property, serious or repeated interference with the rights of other residents or neighbors, serious or repeated damage to the lease premises, creation of physical or health hazards, failure to fulfill resident obligations set forth in the lease, or for serious or repeated violations of the terms of the lease or for other good cause. If the HRA terminates the lease, written notice will be given as follows: 1. In the case of failure to pay rent Part V, Section B, will be applicable. 2. A reasonable time prior to termination commensurate with the urgency of the situation in the case of creation or maintenance of a threat to the health or safety of other residents or HRA employees or the safety of the premises. 3. At least thirty (30) days prior to termination in all other cases. C. Notice of termination to resident shall state reasons for the termination. 45/70 25 Part XIII RESIDENT DEBTS TO THE HRA (REPAYMENT AGREEMENTS) OVERVIEW describes the HRA’s policies for recovery of monies owed to the HRA by residents. The HRA will enter into repayment agreements in accordance with the policies contained in this part as a means to recover overpayments. When a resident refuses to repay monies owed to the HRA, the HRA will utilize other available collection alternatives including, but not limited to, the following:  Collection agencies  Small claims court  Civil law suit  Minnesota Revenue Recapture REPAYMENT POLICY Family Debts to the HRA Any amount owed to the HRA by a resident must be repaid. If the resident is unable to repay the debt within 30 days, the HRA may offer to enter into a repayment agreement in accordance with the policies below. If the resident refuses to repay the debt, does not enter into a repayment agreement, or breaches a repayment agreement, the HRA will terminate the resident’s tenancy and will also pursue other modes of collection. General Repayment Agreement Guidelines Down Payment Requirement Before executing a repayment agreement with a resident, the HRA will generally require a down payment of 10 percent of the total amount owed. If the resident can provide evidence satisfactory to the HRA that a down payment of 10 percent would impose an undue hardship, the HRA may, in its sole discretion, require a lesser percentage or waive the requirement. Payment Thresholds The HRA has established the following thresholds for repayment of debts: Amounts between $3,000 and the Federal or State threshold for criminal prosecution must be repaid within 36 months.  Amounts between $2,000 and $2,999 must be repaid within 30 months.  Amounts between $1,000 and $1,999 must be repaid within 24 months.  Amounts under $1,000 must be repaid within 12 months. If a resident can provide evidence satisfactory to the HRA that the threshold applicable to the resident’s debt would impose an undue hardship, the HRA may, in its sole discretion, determine that a lower monthly payment amount is reasonable. In making its determination, the HRA will consider all relevant information, including the following:  The amount owed by the family to the HRA 46/70 26  The reason for the debt, including whether the debt was the result of family action/inaction or circumstances beyond the family’s control  The resident’s current and potential income and expenses  The current tenant rent  The family’s history of meeting its financial responsibilities Execution of the Agreement Any repayment agreement between the HRA and a resident must be signed and dated by the HRA and by the head of household, spouse/cohead or any other adult in the household that is 18 years of age or older (if applicable). Due Dates All payments are due by the close of business on the 5th day of the month. If the 5th does not fall on a business day, the due date is the close of business on the business day prior to the 5th. Late or Missed Payments If a payment is not received by the end of the business day on the date due the HRA will send the family a delinquency notice giving the resident until 4:30 p.m. on the 15th calendar day of the month to make the late payment. If the payment is not received by the due date of the delinquency notice, it will be considered a breach of the agreement and the HRA will terminate tenancy with a 30 day notice to vacate. No Offer of Repayment Agreement The HRA generally will not enter into a repayment agreement with a household under any of the following conditions:  The resident is already under an existing repayment agreement with the HRA.  The HRA determines that the resident’s debt is a result of program abuse or fraud.  The amount owed by the resident exceeds the federal or state threshold for criminal prosecution. Repayment Agreements Involving Improper Payments Certain provisions to be included in any repayment agreement involving amounts owed by a resident because it underreported or failed to report income:  A reference to the items in the housing lease that state the resident’s obligation to provide true and complete information at every reexamination and the grounds on which the HRA may terminate assistance because of a resident’s action or failure to act.  A statement clarifying that each month the resident not only must pay to the HRA the monthly payment amount specified in the agreement but must also pay to the HRA the monthly tenant rent.  A statement that the terms of the repayment agreement may be renegotiated if the resident’s income decreases or increases.  A statement that late or missed payments constitute default of the repayment agreement and may result in termination of tenancy. 47/70 27 PART XIV VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, DOCUMENTATION, AND CONFIDENTIALITY OVERVIEW The Violence against Women Act of 2013 (VAWA) provides special protections for victims of domestic violence, dating violence, sexual assault and stalking who are applying for the Otter Tail County Affordable Senior Housing. If state or local laws provide greater protection for such victims, those laws apply in conjunction with VAWA. In addition to definitions of key terms used in VAWA, this part contains general VAWA requirements and HRA policies in three areas: notification, documentation and confidentiality. Specific VAWA requirements and HRA policies are located primarily in the following sections: A, B & C below. Family Breakup and Remaining Member of Tenant Family, Prohibition against Denial of Assistance to Victims of Domestic Violence, Dating Violence, and Stalking, “Allowable Moves”, “Restrictions on Moves”, “Termination Related to Domestic Violence, Dating Violence, or Stalking” and “Termination Notice.” DEFINITIONS As used in VAWA:  The term bifurcate means, with respect to a family housing lease or limited liability corporation housing lease, to divide a lease as a matter of law such that certain tenants can be evicted or removed while the remaining family members’ lease and occupancy rights are allowed to remain intact.  The term dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: o The length of the relationship o The type of relationship o The frequency of interaction between the person involved in the relationship  The term domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.  The term affiliated means, with respect to a person: 48/70 28 o A spouse, parent, brother or sister, or child of that individual, or an individual to whom the individual stands in the position or place of a parent or o Any other person individual, tenant, or lawful occupant living in the household of the victim of domestic violence, dating violence, sexual assault or stalking.  The term sexual assault means: o A nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks the capacity to consent.  The term stalking means: o To engage in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress. A. NOTIFICATION Notification to Public The HRA adopts the following policy to help ensure that all actual and potential beneficiaries of the Otter Tail County HRA Affordable Senior Housing Program are aware of their rights under VAWA. HRA Policy The HRA will post the following information regarding VAWA in its offices and on its website. It will also provide information readily available to anyone who request it.  A notice of occupancy rights under VAWA to Otter Tail County HRA Affordable Senior Housing Program applicants and participants who are or have been victims of domestic violence, dating violence, sexual assault, or stalking (Form HUD 5380, see Exhibit I)  A copy of form HUD-5382 Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation (see Exhibit II)  A copy of HUD’s Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Dating Violence, Sexual Assault, or Stalking, Form HUD-5383 (Exhibit III)  The National Domestic Violence Hot Line: 1-800-799-SAFE (7233) or 1-800- 787-3224 (TTY) (included in Exhibits I and II)  Contact information for local victim advocacy groups or services providers 49/70 29 Notification to Program Applicants and Participants The HRA is required to inform program applicants and participants of their rights under VAWA, including their right to confidentiality and the limits thereof, when they are denied assistance, when they are admitted to the program, and when they are notified of an eviction or termination of housing benefits. HRA Policy The HRA will provide all applicants with information about VAWA at the time they request an application for housing. The HRA will also include information about VAWA in all notices of denial for Otter Tail County HRA Affordable Senior Housing Program. The HRA will provide all participants with information about VAWA at the time of admission and at annual reexamination. The HRA will also include information about VAWA in notices of termination of housing. B. DOCUMENTATION The HRA presented with a claim for initial or continued occupancy based on status as a victim of domestic violence, dating violence, sexual assault, stalking, or criminal activity related to any of these forms of abuse may but is not required to request that the individual making the claim document the abuse. Any request of documentation must be in writing, and the individual will be allowed 14 business days after the receipt of the request to submit the documentation. The HRA will grant an extension of an additional 10 business days at the applicant/tenant’s written request. The applicant/tenant may satisfy the HRA’s request by providing any one of the following three forms of documentation:  A completed and signed HUD form 5382, Certification of Domestic Violence, Dating Violence, Sexual Assault or Stalking, which must include the name of the perpetrator only if the name of the perpetrator is safe to provide and is known to the victim.  A federal, state, tribal, territorial, or local police report or court record, or an administrative record.  Documentation signed by a person who has assisted the victim in addressing domestic violence, dating violence, sexual assault or stalking, or the effect of such abuse. This person may be an employee, agent, or volunteer of a victim service provider; an attorney; a mental health professional; or a medical professional. The person signing the documentation must attest under penalty of perjury to the person’s belief that the incidents in question are bona fide incidents of abuse. The victim must also sign the documentation. 50/70 30 The HRA may not require third party document (2 and 3) in addition to certification (1), except as specified below under “Conflicting Documentation” nor may it require certification in addition to third-party documentation. 51/70 31 HRA Policy Any request for documentation of domestic violence, dating violence, sexual assault or stalking will be in writing, will specify a deadline of 14 business days following receipt of the request, will describe the three forms of acceptable documentation, will provide explicit instructions on where and to whom the documentation must be submitted, and will state the consequences of failure to submit the documentation or request an extension in writing by the deadline. The HRA may, in its discretion, extend the deadline for an additional 10 business days. Any extensions granted by the HRA will be in writing. Conflicting Documentation In cases where the HRA receives conflicting certification documents from two or more members of a household, each claiming to be a victim and naming one or more of the other petitioning household members as the perpetrator, the HRA may determine which is the true victim by requiring each to provide acceptable third party documentation as described above (2 and 3) within 30 calendar days of the date of the request for third party documentation. The HRA must honor any court orders issued to protect the victim or to address the distribution of property. HRA Policy If presented with conflicting certification documents (two or more forms HUD 5382) from members of the same household, the HRA will attempt to determine which is the true victim by requiring each of them to provide third-party documentation in accordance with 24 CFR 5.2007(e) and by the following any HUD guidance on how such determinations should be made. The family will have 30 calendar days from the date of the request by the HRA to provide this documentation. Discretion to Require No Formal Documentation The HRA has the discretion to provide benefits to an individual based solely on the individual’s statement or other corroborating evidence i.e.: without requiring formal documentation of abuse in accordance with 24 CFR 5.2007(b). HRA Policy If the HRA accepts an individual’s statement or other corroborating evidence of domestic violence, dating violence, sexual assault or stalking, the HRA will document acceptance of the statement or evidence in the individual’s file. Failure to Provide Documentation In order to deny relief for protection under VAWA, the HRA must provide the individual requesting relief with a written request for documentation of abuse. If the individual fails to provide the documentation within 14 business days from the date of receipt, or such longer time that the HRA may allow, the HRA may deny relief for protection under VAWA. 52/70 32 C. CONFIDENTIALITY All information provided to the HRA regarding domestic violence, dating violence, sexual assault or stalking, including the fact that an individual is a victim of such violence or stalking, must be retained in confidence. This means that the HRA (1) may not enter the information into any shared data base, (2) may not allow employees or others to access the information unless they are explicitly authorized to do so and have a need to know the information for purposes of their work and (3) may not provide the information to any other entity or individual, except to the extent that the disclosure is (a) requested or consented to by the individual in writing, (b) required for use in an eviction proceedings, or (c) otherwise required by applicable law. HRA Policy If disclosure is required for use in an eviction proceeding or is otherwise required by applicable law, the HRA will inform the victim before disclosure occurs so that safety risks can be identified and addressed. MINNESOTA STATUES 2024 The state of Minnesota also imposes laws and or statues to protect applicants and tenants whom are victims of domestic violence, dating violence, sexual assault and stalking. Minnesota Statue 504B.206 RIGHT OF VICTIMS OF VIOLENCE TO TERMINATE LEASE (2024) Subd. 1. Right to terminate; procedure. (a) A tenant to a residential lease may terminate a lease agreement in the manner provided in this section without penalty or liability, if the tenant or another authorized occupant fears imminent violence after being subjected to: (1) domestic abuse, as that term is defined under section 518B.01, subdivision 2; (2) criminal sexual conduct under sections 609.342 to 609.3451; (3) sexual extortion under section 609.3458; or (4) harassment under section 609.749. (b) The tenant must provide signed and dated advance written notice to the landlord: (1) stating the tenant fears imminent violence from a person as indicated in a qualifying document against the tenant or an authorized 53/70 33 occupant if the tenant or authorized occupant remains in the leased premises; (2) stating that the tenant needs to terminate the tenancy; (3) providing the date on which the lease will terminate; and (4) providing written instructions for the disposition of any remaining personal property in accordance with section 504B.271. (c) The written notice must be delivered before the termination of the tenancy by mail, in person, or by a form of written communication the plaintiff regularly uses to communicate with the landlord, and be accompanied by a qualifying document. The tenancy terminates for the tenant who exercises the right granted under this subdivision, including the right of possession of the premises, on the date provided in the notice required under paragraph (b). Vacation of the premises under this section by the tenant prior to the date provided in the notice does not constitute termination of the tenancy for the purposes of this section. (d) The landlord may request that the tenant disclose the name of the perpetrator and, if a request is made, inform the tenant that the landlord seeks disclosure to protect other tenants in the building. The tenant may decline to provide the name of the perpetrator for safety reasons. Disclosure shall not be a precondition of terminating the lease. Subd. 2. Treatment of information. (a) A landlord must not disclose: (1) any information provided to the landlord by a tenant in the written notice required under subdivision 1, paragraph (b); (2) any information contained in the qualifying document; (3) the address or location to which the tenant has relocated; or (4) the status of the tenant as a victim of violence. (b) The information referenced in paragraph (a) must not be entered into any shared database or provided to any person or entity but may be used when required as evidence in an eviction proceeding, action for unpaid rent or damages arising out of the tenancy, claims under section 504B.178, with the consent of the tenant, or as otherwise required by law. (c) A landlord who violates this section is liable to the tenant for statutory damages of $2,000, plus reasonable attorney fees and costs. Subd. 3. Liability for rent; termination of tenancy. (a) A tenant who is a sole tenant and is terminating a lease under subdivision 1 is responsible for the rent payment for the full month in which the 54/70 34 tenancy terminates. The tenant relinquishes all claims for the return of the security deposit under section 504B.178 and is relieved of any other contractual obligation for payment of rent or any other charges for the remaining term of the lease, except as provided in this section. In a sole tenancy, the tenancy terminates on the date specified in the notice provided to the landlord as required under subdivision 1. (b) In a tenancy with multiple tenants, one of whom is terminating the lease under subdivision 1, any lease governing all remaining tenants is terminated at the later of the end of the month or the end of the rent interval in which one tenant terminates the lease under subdivision 1. All tenants are responsible for the rent payment for the full month in which the tenancy terminates. Upon termination, all tenants relinquish all claims for the return of the security deposit under section 504B.178 and are relieved of any other contractual obligation for payment of rent or any other charges for the remaining term of the lease, except as provided in this section. Any tenant whose tenancy was terminated under this paragraph may reapply to enter into a new lease with the landlord. (c) This section does not affect a tenant's liability for delinquent, unpaid rent or other amounts owed to the landlord before the lease was terminated by the tenant under this section. (d) Except as provided in section 504B.285, subdivision 1, paragraph (b), a landlord may not commence an eviction action against a tenant who has terminated a lease as provided in this section. Subd. 4. [Repealed by amendment, 2014 c 188 s 2] Subd. 5. Waiver prohibited. A residential tenant may not waive, and a landlord may not require the residential tenant to waive, the tenant’s rights under this section. Subd. 6. Definitions. For purposes of this section, the following terms have the meanings given: (1) "court official" means a judge, referee, court administrator, prosecutor, probation officer, or victim's advocate, whether employed by or under contract with the court, who is authorized to act on behalf of the court; (2) "qualified third party" means a person, acting in an official capacity, who has provided professional services to the tenant and is: (i) a licensed health care professional operating within the scope of the license; (ii) a domestic abuse advocate, as that term is defined in section 595.02, subdivision 1, paragraph (l); or 55/70 35 (iii) a sexual assault counselor, as that term is defined in section 595.02, subdivision 1, paragraph (k); (3) "qualifying document" means: (i) a valid order for protection issued under chapter 518B; (ii) a no contact order currently in effect, issued under section 629.75 or chapter 609; (iii) a writing produced and signed by a court official, acting in an official capacity, documenting that the tenant or authorized occupant is a victim of domestic abuse, as that term is defined under section 518B.01, subdivision 2, criminal sexual conduct under sections 609.342 to 609.3451, sexual extortion under section 609.3458, or harassment under section 609.749, and naming the perpetrator, if known; (iv) a writing produced and signed by a city, county, state, or tribal law enforcement official, acting in an official capacity, documenting that the tenant or authorized occupant is a victim of domestic abuse, as that term is defined under section 518B.01, subdivision 2, criminal sexual conduct under sections 609.342 to 609.3451, sexual extortion under section 609.3458, or harassment under section 609.749, and naming the perpetrator, if known; or (v) a statement by a qualified third party, in the following form: STATEMENT BY QUALIFIED THIRD PARTY I, .................... (name of qualified third party), do hereby verify as follows: 1. I am a licensed health care professional, domestic abuse advocate, as that term is defined in section 595.02, subdivision 1, paragraph (l), or sexual assault counselor, as that term is defined in section 595.02, subdivision 1, paragraph (k), who has provided professional services to .................... (name of victim(s)). 2. I have a reasonable basis to believe .................... (name of victim(s)) is a victim/are victims of domestic abuse, criminal sexual conduct, sexual extortion, or harassment and fear(s) imminent violence against the individual or authorized occupant if the individual remains (the individuals remain) in the leased premises. 3. I understand that the person(s) listed above may use this document as a basis for gaining a release from the lease. I attest that the foregoing is true and correct. (Printed name of qualified third party) (Signature of qualified third party) (Business address and business telephone) (Date) 56/70 NOTICE OF OCCUPANCY RIGHTS UNDER THE VIOLENCE AGAINST WOMEN ACT U.S. Department of Housing and Urban Development OMB Approval No. 2577-0286 Expires 06/30/2017 Form HUD-5380 (12/2016) Otter Tail County Housing and Redevelopment Authority Notice of Occupancy Rights under the Violence Against Women Act1 To all Tenants and Applicants The Violence Against Women Act (VAWA) provides protections for victims of domestic violence, dating violence, sexual assault, or stalking. VAWA protections are not only available to women, but are available equally to all individuals regardless of sex, gender identity, or sexual orientation.2 The U.S. Department of Housing and Urban Development (HUD) is the Federal agency that oversees that Senior Affordable Housing Program is in compliance with VAWA. This notice explains your rights under VAWA. A HUD-approved certification form is attached to this notice. You can fill out this form to show that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your rights under VAWA.” Protections for Applicants If you otherwise qualify for assistance under Senior Affordable Housing Program, you cannot be denied admission or denied assistance because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Protections for Tenants 1 Despite the name of this law, VAWA protection is available regardless of sex, gender identity, or sexual orientation. 2 Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national origin, religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status. Exhibit 157/70 2 Form HUD-5380 (12/2016) If you are receiving assistance under Senior Affordable Housing Program, you may not be denied assistance, terminated from participation, or be evicted from your rental housing because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, dating violence, sexual assault, or stalking by a member of your household or any guest, you may not be denied rental assistance or occupancy rights under Senior Affordable Housing Program solely on the basis of criminal activity directly relating to that domestic violence, dating violence, sexual assault, or stalking. Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom you stand in the place of a parent or guardian (for example, the affiliated individual is in your care, custody, or control); or any individual, tenant, or lawful occupant living in your household. Removing the Abuser or Perpetrator from the Household HP may divide (bifurcate) your lease in order to evict the individual or terminate the assistance of the individual who has engaged in criminal activity (the abuser or perpetrator) directly relating to domestic violence, dating violence, sexual assault, or stalking. If HP chooses to remove the abuser or perpetrator, HP may not take away the rights of eligible tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to have established eligibility for assistance under the program, HP must allow the tenant who is or has been a victim and other household members to remain in the unit for a period of time, in order to establish eligibility under the program or under another HUD housing program covered by VAWA, or, find alternative housing. 58/70 3 Form HUD-5380 (12/2016) In removing the abuser or perpetrator from the household, HP must follow Federal, State, and local eviction procedures. In order to divide a lease, HP may, but is not required to, ask you for documentation or certification of the incidences of domestic violence, dating violence, sexual assault, or stalking. Moving to Another Unit Upon your request, HP may permit you to move to another unit, subject to the availability of other units, and still keep your assistance. In order to approve a request, HP may ask you to provide documentation that you are requesting to move because of an incidence of domestic violence, dating violence, sexual assault, or stalking. If the request is a request for emergency transfer, the housing provider may ask you to submit a written request or fill out a form where you certify that you meet the criteria for an emergency transfer under VAWA. The criteria are: (1)You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation, as described in the documentation section below. (2)You expressly request the emergency transfer. Your housing provider may choose to require that you submit a form, or may accept another written or oral request. (3)You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future. 59/70 4 Form HUD-5380 (12/2016) OR You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90-calendar-day period before you expressly request the transfer. HP will keep confidential requests for emergency transfers by victims of domestic violence, dating violence, sexual assault, or stalking, and the location of any move by such victims and their families. HP’s emergency transfer plan provides further information on emergency transfers, and HP must make a copy of its emergency transfer plan available to you if you ask to see it. Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual Assault or Stalking HP can, but is not required to, ask you to provide documentation to “certify” that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Such request from HP must be in writing, and HP must give you at least 14 business days (Saturdays, Sundays, and Federal holidays do not count) from the day you receive the request to provide the documentation. HP may, but does not have to, extend the deadline for the submission of documentation upon your request. 60/70 5 Form HUD-5380 (12/2016) You can provide one of the following to HP as documentation. It is your choice which of the following to submit if HP asks you to provide documentation that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. •A complete HUD-approved certification form given to you by HP with this notice, that documents an incident of domestic violence, dating violence, sexual assault, or stalking. The form will ask for your name, the date, time, and location of the incident of domestic violence, dating violence, sexual assault, or stalking, and a description of the incident. The certification form provides for including the name of the abuser or perpetrator if the name of the abuser or perpetrator is known and is safe to provide. •A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency that documents the incident of domestic violence, dating violence, sexual assault, or stalking. Examples of such records include police reports, protective orders, and restraining orders, among others. •A statement, which you must sign, along with the signature of an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional or a mental health professional (collectively, “professional”) from whom you sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse, and with the professional selected by you attesting under penalty of perjury that he or she believes that the incident or incidents of domestic violence, dating violence, sexual assault, or stalking are grounds for protection. •Any other statement or evidence that HP has agreed to accept. If you fail or refuse to provide one of these documents within the 14 business days, HP does not have to provide you with the protections contained in this notice. 61/70 6 Form HUD-5380 (12/2016) If HP receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed (such as certification forms from two or more members of a household each claiming to be a victim and naming one or more of the other petitioning household members as the abuser or perpetrator), HP has the right to request that you provide third-party documentation within thirty 30 calendar days in order to resolve the conflict. If you fail or refuse to provide third-party documentation where there is conflicting evidence, HP does not have to provide you with the protections contained in this notice. Confidentiality HP must keep confidential any information you provide related to the exercise of your rights under VAWA, including the fact that you are exercising your rights under VAWA. HP must not allow any individual administering assistance or other services on behalf of HP (for example, employees and contractors) to have access to confidential information unless for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law. HP must not enter your information into any shared database or disclose your information to any other entity or individual. HP, however, may disclose the information provided if: •You give written permission to HP to release the information on a time limited basis. •HP needs to use the information in an eviction or termination proceeding, such as to evict your abuser or perpetrator or terminate your abuser or perpetrator from assistance under this program. •A law requires HP or your landlord to release the information. 62/70 7 Form HUD-5380 (12/2016) VAWA does not limit HP’s duty to honor court orders about access to or control of the property. This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up. Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or Assistance May Be Terminated You can be evicted and your assistance can be terminated for serious or repeated lease violations that are not related to domestic violence, dating violence, sexual assault, or stalking committed against you. However, HP cannot hold tenants who have been victims of domestic violence, dating violence, sexual assault, or stalking to a more demanding set of rules than it applies to tenants who have not been victims of domestic violence, dating violence, sexual assault, or stalking. The protections described in this notice might not apply, and you could be evicted and your assistance terminated, if HP can demonstrate that not evicting you or terminating your assistance would present a real physical danger that: 1) Would occur within an immediate time frame, and 2) Could result in death or serious bodily harm to other tenants or those who work on the property. If HP can demonstrate the above, HP should only terminate your assistance or evict you if there are no other actions that could be taken to reduce or eliminate the threat. Other Laws VAWA does not replace any Federal, State, or local law that provides greater protection for victims of domestic violence, dating violence, sexual assault, or stalking. You may be entitled to 63/70 8 Form HUD-5380 (12/2016) additional housing protections for victims of domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as under State and local laws. Non-Compliance with The Requirements of This Notice You may report a covered housing provider’s violations of these rights and seek additional assistance, if needed, by contacting or filing a complaint with Minneapolis Field Office at 212 Third Avenue South, Suite 150, Minneapolis, MN 55401. For Additional Information You may view a copy of HUD’s final VAWA rule at https://www.govinfo.gov/content/pkg/FR- 2016-11-16/pdf/2016-25888.pdf. Additionally, HP must make a copy of HUD’s VAWA regulations available to you if you ask to see them. For questions regarding VAWA, please contact the Otter Tail County Housing and Redevelopment Authority Housing Assistance Coordinator at 218-998-8730. For help regarding an abusive relationship, you may call the National Domestic Violence Hotline at 1-800-799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY). You may also contact Someplace Safe at 1-800-974-3359, Rape and Abuse Crisis Center at 1-800-344-7273, Three Rivers Crisis Center at 701-642-2115, or Lakes Crisis and Resource Center at 218-847-8572. For tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime’s Stalking Resource Center at https://www.victimsofcrime.org/our- programs/stalking-resource-center. For help regarding sexual assault, you may contact Someplace Safe at 1-800-974-3359, Rape and Abuse Crisis Center at 1-800-344-7273, Three Rivers Crisis Center at 701-642-2115, or Lakes Crisis and Resource Center at 218-847-8572. 64/70 9 Form HUD-5380 (12/2016) Victims of stalking seeking help may contact Someplace Safe at 1-800-974-3359, Rape and Abuse Crisis Center at 1-800-344-7273, Three Rivers Crisis Center at 701-642-2115, or Lakes Crisis and Resource Center at 218-847-8572. Attachment: Certification form HUD-5382 [form approved for this program to be included] 65/70 5382 – VAWA From with letterhead 04-24 CERTIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, AND ALTERNATE DOCUMENTATION Purpose of Form: The Violence Against Women Act (“VAWA”) protects applicants, tenants, and program participants in certain HUD programs from being evicted, denied housing assistance, or terminated from housing assistance based on acts of domestic violence, dating violence, sexual assault, or stalking against them. Despite the name of this law, VAWA protection is available to victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation. Use of This Optional Form: If you are seeking VAWA protections from your housing provider, your housing provider may give you a written request that asks you to submit documentation about the incident or incidents of domestic violence, dating violence, sexual assault, or stalking. In response to this request, you or someone on your behalf may complete this optional form and submit it to your housing provider, or you may submit one of the following types of third-party documentation: (1) A document signed by you and an employee, agent, or volunteer of a victim service provider, anattorney, or medical professional, or a mental health professional (collectively, “professional”) fromwhom you have sought assistance relating to domestic violence, dating violence, sexual assault, orstalking, or the effects of abuse. The document must specify, under penalty of perjury, that theprofessional believes the incident or incidents of domestic violence, dating violence, sexual assault, orstalking occurred and meet the definition of “domestic violence,” “dating violence,” “sexual assault,” or“stalking” in HUD’s regulations at 24 CFR 5.2003. (2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, oradministrative agency; or (3) At the discretion of the housing provider, a statement or other evidence provided by the applicant ortenant. Submission of Documentation: The time period to submit documentation is 14 business days from the date that you receive a written request from your housing provider asking that you provide documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housing provider may, but is not required to, extend the time period to submit the documentation, if you request an extension of the time period. If the requested information is not received within 14 business days of when you received the request for the documentation, or any extension of the date provided by your housing provider, your housing provider does not need to grant you any of the VAWA protections. Distribution or issuance of this form does not serve as a written request for certification. Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking shall be kept confidential and such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections to you, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. Exhibit II 66/70 OTTERTAIL COUNTY -MINNESOTA 218-998-8730 @ HOUSING AND REDEVELOPMENT AUTHORITY OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER Government Services Center 500 West Fir Avenue Fergus Falls, MN 56537 tit EOU/\L HOUSING OPPORTUNITY @ ottertailcounty.gov TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING 1. Date the written request is received by victim: _________________________________________ 2. Name of victim: ___________________________________________________________________ 3. Your name (if different from victim’s):________________________________________________ 4. Name(s) of other family member(s) listed on the lease:___________________________________ ___________________________________________________________________________________ 5. Residence of victim: ________________________________________________________________ 6. Name of the accused perpetrator (if known and can be safely disclosed):____________________ __________________________________________________________________________________ 7. Relationship of the accused perpetrator to the victim:___________________________________ 8. Date(s) and times(s) of incident(s) (if known):____________________________________________________________________________________________________________ 10. Location of incident(s):_____________________________________________________________ This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction. Signature __________________________________Signed on (Date) ___________________________ Public Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour per response. This includes the time for collecting, reviewing, and reporting the data. The information provided is to be used by the housing provider to request certification that the applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget control number. In your own words, briefly describe the incident(s): ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ 67/70 Form HUD-5383 (12/2016) EMERGENCY TRANSFER U.S. Department of Housing OMB Approval No. 2577-0286 REQUEST FOR CERTAIN and Urban Development Exp. 06/30/2017 VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING Purpose of Form: If you are a victim of domestic violence, dating violence, sexual assault, or stalking, and you are seeking an emergency transfer, you may use this form to request an emergency transfer and certify that you meet the requirements of eligibility for an emergency transfer under the Violence Against Women Act (VAWA). Although the statutory name references women, VAWA rights and protections apply to all victims of domestic violence, dating violence, sexual assault or stalking. Using this form does not necessarily mean that you will receive an emergency transfer. See your housing provider’s emergency transfer plan for more information about the availability of emergency transfers. The requirements you must meet are: (1)You are a victim of domestic violence, dating violence, sexual assault, or stalking.If your housing provider does not already have documentation that you are a victim ofdomestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation. In response, you may submit Form HUD-5382, or anyone of the other types of documentation listed on that Form. (2)You expressly request the emergency transfer. Submission of this form confirmsthat you have expressly requested a transfer. Your housing provider may choose to requirethat you submit this form, or may accept another written or oral request. Please see your housing provider’s emergency transfer plan for more details. (3)You reasonably believe you are threatened with imminent harm from furtherviolence if you remain in your current unit. This means you have a reason to fear thatif you do not receive a transfer you would suffer violence in the very near future. OR You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90-calendar-day period before you submit this form or otherwise expressly request the transfer. Submission of Documentation: If you have third-party documentation that demonstrates why you are eligible for an emergency transfer, you should submit that documentation to your housing provider if it is safe for you to do so. Examples of third party documentation include, but are not limited to: a letter or other documentation from a victim service provider, social worker, legal assistance provider, pastoral counselor, mental health provider, or other professional from whom you have sought assistance; a current restraining order; a recent court order or other court records; a law enforcement report or records; communication records from the perpetrator of the violence or family members or friends of the perpetrator of the violence, including emails, voicemails, text messages, and social media posts. Exhibit III 68/70 2 Form HUD-5383 (12/2016) Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking, and concerning your request for an emergency transfer shall be kept confidential. Such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections or an emergency transfer to you. Such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. TO BE COMPLETED BY OR ON BEHALF OF THE PERSON REQUESTING A TRANSFER 1. Name of victim requesting an emergency transfer: ______________________________________ 2. Your name (if different from victim’s)_________________________________________________ 3. Name(s) of other family member(s) listed on the lease:____________________________________ ____________________________________________________________________________________ 4. Name(s) of other family member(s) who would transfer with the victim:____________________ ____________________________________________________________________________________ 5. Address of location from which the victim seeks to transfer: _______________________________________ 6. Address or phone number for contacting the victim:____________________________________ 7. Name of the accused perpetrator (if known and can be safely disclosed):___________________ 8. Relationship of the accused perpetrator to the victim:___________________________________ 9. Date(s), Time(s) and location(s) of incident(s):___________________________________________ _____________________________________________________________________________________ 10. Is the person requesting the transfer a victim of a sexual assault that occurred in the past 90days on the premises of the property from which the victim is seeking a transfer? If yes, skipquestion 11. If no, fill out question 11. ______________ 11. Describe why the victim believes they are threatened with imminent harm from furtherviolence if they remain in their current unit._____________________________________________________________________________________ _____________________________________________________________________________________ 12. If voluntarily provided, list any third-party documentation you are providing along with thisnotice: ___________________________________________________________________ This is to certify that the information provided on this form is true and correct to the best of my knowledge,and that the individual named above in Item 1 meets the requirement laid out on this form for an emergencytransfer. I acknowledge that submission of false information could jeopardize program eligibility and couldbe the basis for denial of admission, termination of assistance, or eviction. Signature __________________________________Signed on (Date) ___________________________ 69/70 Minnesota Department of Employment and Economic Development Business & Community Development Division Great Northern Building 180 East Fifth Street, 12th Floor, Saint Paul, Minnesota 55101 Phone 800-657-3858 mn.gov/deed September 10, 2024 The Honorable Brent Frazier Mayor, City of Pelican Rapids 315 North Broadway City of Pelican Rapids, MN 56572 Dear Mayor Frazier: I am pleased to inform you that your application for the 2024 Minnesota Small Cities Development Program Grant (SCDP) has been approved by the Department of Employment and Economic Development (DEED) for funding in the amount of $948,750.00. Funds for the grant are provided from the U.S. Department of Housing and Urban Development (HUD). The grant contract agreement will be issued once DEED receives its award from HUD. Lamoussa Gama is the DEED representative assigned to your grant. For additional information, please contact Lamoussa at lamoussa.gama@state.mn.us or at 651-259-7504. Congratulations on this grant award to help enhance your community development efforts. Regards, Matt Varilek Commissioner cc: State Senator Jordan Rasmusson State Representative Jeff Backer Mitch Harry, Project Manager, Otter Tail County HRA 70/70