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Home My WebLink AboutContract 1553 Dandy Schumacher - s8transfer.doc Page 1 1s3 AGREEMENT GOVERNING THE TRANSFER OF FEDERAL SECTION 8 HOUSING ASSISTANCE PROGRAM ADMINISTRATION WITHIN THE CITY OF COLUMBIA HEIGHTS THIS AGREEMENT is made and entered into by the Metropolitan Council ( "Council "), the Columbia Heights Economic Development Authority ( "Columbia Heights EDA ") and the Columbia Heights Housing and Redevelopment Authority ( "Columbia Heights HRA "). WHEREAS, the Council is authorized by Minnesota Statutes section 473.195 to function as a housing and redevelopment authority within the seven - county metropolitan area and exercises its statutory authority through its Housing and Redevelopment Authority unit ( "Metro HRA "); and WHEREAS, the Council has federal contract authority to operate a federal Section 8 housing assistance program ( "Section 8 program ") and operates a Section 8 program within the seven - county metropolitan area surrounding Minneapolis and Saint Paul; and WHEREAS, the Columbia Heights HRA entered into one or more Consolidated Annual Contributions Contracts ( "CACC ") with the United States Department of Housing and Urban Development ( "HUD ") for the purposes of operating its own federal Section 8 program within the City of Columbia Heights; and WHEREAS, on December 22, 1997 the Columbia Heights EDA and the Council executed an Agreement Governing the Administration of the Federal Section 8 Housing Assistance Payments Program within the City of Columbia Heights which established a cooperative process by which the Council ceased operating its Section 8 program within the City of Columbia Heights; and WHEREAS, the Columbia Heights HRA wishes to terminate its Section 8 program and requested the Council to resume responsibility for operating and administering Section 8 program assistance for eligible families residing within the City of Columbia Heights. NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the Columbia Heights EDA, the Columbia Heights HRA and the Council agree as follows: Program Transfer 1. Effective November 1, 2000 the Council will begin operating its Section 8 program within the City of Columbia Heights and will directly administer Section 8 program assistance to Section 8 participant families residin within th City of Columbia Heights. fer- 4- y - 5QUer∎ ( 37) 2. The4Iiiptrfrre-(-3.6. ) Columbia Heights families identified in Exhibit A of this Agreement that currently are receiving Section 8 program assistance through the Columbia Page 1 of 5 Randy Schumacher - s8transfer.doc Page 2 4. Heights HRA will be transferred to the Council's Section 8 program and will become participants in the Council's Section 8 program. Exhibit A is attached to and incorporated into this Agreement. 3. The sixty -one (61) families residing within the City of Columbia Heights that receive Section 8 program assistance through the Columbia Heights HRA on a portability basis from the Council will be absorbed back into the Council's Section 8 program. 4. Five (5) families residing within the City of Columbia Heights receive Section 8 program assistance on a portability basis from an initial public housing agency other than the Council. The Council either will administer these five families' Section 8 program assistance on a portability basis or will absorb the families into its own Section 8 program. Waiting List 5. The Columbia Heights HRA will provide its Section 8 waiting list to the Council. The Council will send a letter to each family on the waiting list notifying each family about the Section 8 program transfer that is the subject of this Agreement and advising each family of its opportunity to apply for Section 8 assistance through the Council. Families who respond to the Council's letter within thirty (30) days and apply for placement on the Council's waiting list, will be placed on and incorporated into the Council's Section 8 waiting list according to the date and time the family originally applied to the Columbia Heights HRA for Section 8 assistance. Existing Section 8 Leases 6. Until July 31, 2000, the Columbia Heights HRA leased up Section 8 families who move to or reside in the City of Columbia Heights. To facilitate the parties' proposed transfer of Section 8 program responsibilities, the Council assumed responsibility for leasing up new families on and after August 1, 2000. HAP Contracts and Assignment 7. Until October 31, 2000, the Columbia Heights HRA will make all Section 8 Housing Assistance Payments ( "HAP ") to owners leasing dwelling units to families receiving Section 8 program assistance through the Columbia Heights HRA. Effective for Section 8 HAP contract payments covering November 2000 rents and thereafter, the Council will make all monthly Section 8 HAP contract payments to owners leasing dwelling units to the one hundred one (101) families currently receiving Section 8 program assistance through the Columbia Heights HRA. 8. The Council will enter into HAP contracts with owners and make HAP payments to owners who initially lease dwelling units to Section 8 families on and after August 1, 2000. 9. The Columbia Heights HRA and the Council acknowledge it is administratively impractical for the Council to immediately execute a new Section 8 HAP contract with each owner leasing a dwelling unit to a family living in Columbia Heights who currently receives Page2of5 Section 8 program assistance through the Columbia Heights HRA. Accordingly, in addition to Randy Schumacher - s8transfer.doc Page 3 executing new HAP contracts as provided in this Agreement, the Council will execute its own Section 8 HAP contract with each owner leasing a dwelling unit to a family identified in Exhibit A. The Council will execute its own Section 8 HAP contract at the first annual or interim recertification that occurs on or after November 1, 2000 for the families identified in Exhibit A. (a) The Columbia Heights HRA assigns and the Council agrees to assume as assignee all Section 8 HAP contracts identified in Exhibit A. This assignment is effective November 1, 2000. (b) Prior to November 1, 2000, the Council will give a written notice to each Section 8 owner and family affected by this Section 8 HAP contract assignment. The written notice will advise the owner and family that the Columbia Heights HRA has terminated its Section 8 program and that the Council has assumed responsibility for the Section 8 HAP contract between the owner and the Columbia Heights HRA. The form and substance of the written notice will be developed cooperatively by the Council and the Columbia Heights HRA. The Council will notify HUD in writing of the Section 8 HAP contract assignments. (c) By November 1, 2001, the Council will execute its own Section 8 HAP contract with all owners affected by this Section 8 HAP contract assignment. The execution of a new Section 8 HAP contract with individual owners will occur no later than the time the Council performs the annual or interim reexamination of family income and composition. Certifications and Recertifccations 10. The Columbia Heights HRA will perform and complete all annual and interim recertifications, including Housing Quality Standards ( "HQS ") inspections, that are required through October 31, 2000 for the 101 families currently assisted through the Columbia Heights HRA's Section 8 program. The Council will perform all annual and interim recertifications and HQS inspections that are required on and after November 1, 2000. Claims and Disputes 11. The Columbia Heights HRA will process all vacancy loss claims and pay all vacancy loss claim amounts to owners leasing dwelling units to families receiving Section 8 assistance through the Columbia Heights HRA if the claims were filed with the Columbia Heights HRA prior to November 1, 2000. If the Columbia Heights HRA pays a vacancy loss claim and the family was receiving Section 8 assistance on a portability basis from the Council or some other initial public housing agency, the Columbia Heights HRA may request reimbursement from the Council or other initial public housing agency pursuant to applicable federal portability billing regulations. 12. The Council will process all vacancy loss claims and pay all vacancy loss claim amounts to owners leasing dwelling units to families residing in Columbia Heights if the claims are filed on or after November 1, 2000. If the Council pays a vacancy loss claim and the family Page 3 of S was not receiving Section 8 assistance on a portability basis, the Columbia Heights HRA will Randy Schumacher - s8transfer.doc • Page 4 reimburse the Council for the vacancy loss amount paid to the owner by the Council. If the Council pays a vacancy loss claim and the family was receiving Section 8 assistance on a portability basis from an initial public housing agency other than the Council, the Council may request reimbursement from the initial public housing agency pursuant to applicable federal portability billing regulations. 13. The Columbia Heights HRA is responsible for all landlord- tenant issues or disputes involving the Columbia Heights HRA or the Columbia Heights HRA Section 8 program, to the extent the participation of the Columbia Heights HRA is reasonably necessary for the parties to resolve their issues or disputes. Program Termination Issues 14. The Council will work cooperatively with the Columbia Heights HRA to identify program issues or work items that need to be addressed as part of the implementation of this Agreement. By November 1, 2000, the Columbia Heights HRA will update and complete its participant files in a form acceptable to the Council which will permit the Council to assume the administration of the Columbia Heights HRA's Section 8 program. The Columbia Heights HRA is responsible for resolving with HUD any issues regarding past and current program budgets, year -end financial statements, and operating and project reserves. Although the transfer of the Columbia Heights HRA federal ACC authority to the Council is not part of this Agreement, the Columbia Heights HRA acknowledges that the Council may in the future explore with HUD the appropriateness of transferring the ACC authority and its associated funding to the Council, including any operating and project reserves that may have accumulated during the administration of the Columbia Heights HRA's Section 8 program. Upon request from the Council or HUD, the Columbia Heights HRA will provide reasonable assistance and cooperation in resolving ACC and reserves issues. 15. The Columbia Heights HRA will provide the Council and HUD with access to records and files pertinent to its Section 8 program and will, upon request, provide originals or copies of participant files and other records and files necessary for the administration of Section 8 program assistance to families residing in the City of Columbia Heights. Prior Transfer Agreement 16. Any conflicting or contrary term or provision contained in the December 22, 1997 agreement between the Columbia Heights EDA and the Council governing the administration of the Section 8 program within the City of Columbia Heights is superseded by the applicable terms and conditions contained in this Agreement. HUD Approval 17. This Agreement is subject to HUD review and approval and shall become effective only if approved by HUD. Page 4 of 5 IN WITNESS WHEREOF, the individuals signing this Agreement on behalf of the Columbia Randy Schumacher - s8transfer.doc Page 5 4 Heights Economic Development Authority, the Columbia Heights Housing and Redevelopment Authority and the Metropolitan Council represent that they are authorized to execute this Agreement on behalf of their respective organizations. Subject to HUD approval, this Agreement is effective on the date this Agreement is signed by the Council's authorized representative. COLUMBIA HEIGHTS ECONOMIC DEVELO ' ENT : THO.: METR OLITAN COUNCIL By, . /s; .A�i� : By R %'- Robe ' uettimann Jay R. indgren President Regional Administrator Date /' /v U Date (1 1 1 0 By e -c/ . (0 _ 1 4 - — - - - Walter Fehst Executive Director Date .2/ COLUMBIA HEIGHTS HOUSING AND ' i v • • 0 iii NT A ORITY By ') /� V J • hn' unter hair Date I lasio 0 BY �U'�� 7 ; 1 _ ,. i. /4 . . . . - - -/ 4 --. ' . Walter Fehst Executive Di ector Date a G Page 5 of 5 S8TRANSFER MC 09/00 EXHIBIT A Section 8 Participants Assisted Under Columbia Heights Funding Allocation Loretta Belland Brian Bostrom Linda Bryant Melanie Collie Rachel Dahman Peggy Delaria Barbara Downey Rose Gibbs Duane Hagen Michelle Hanson Norma Harper Sharon Hinrichs Gerald Hurley Cassandra Johnson Edwina Johnson Billie Kittleson Janet LaBar Sharon Langner Mary Lindsay Deanna Miller Tinecka Mills Kristina Mossberg Terri Nicholson Shannon Niznik Kimberly Peeples Cindy Perry Tammy Peterson Gloria Risberg Robin Smith Desiree Stark Shirley Starr Selina Taylor Rachel Tourville Vanessa Tree Carmen Tuggle Catherine Voss Betty Weston Section 8 Participants Assisted Under Metro HRA Funding Allocation Robert Akermark Thomas Allen Lisa Anderson Peggy Arthurs Michelle Auginash James Axelson Linda Ballentine Latonia Barnes Crystal Battle Karen Berrard Jacqueline Bexell Wanda Blankenship Nancy Borziah Lori Bruhn Wendi Byrd Joyce Christopherson Lisa Demeules Judy Demo Wendy Dumler Agnes Dunlap Gordon Evans Barbara Favre Grace Flores - Hussani Lavonne Gavenda Margaret Gillette Carol Grigsby Nancy Grimes Teresa Hammick Barbara Hanna Lenette Harrison Samuline Haugland Helena Hearshman Michelle Jeanotte Kimberly Johnson Monica Jungwirth Erla Karlstad Phyllis Kelm Lee Kyle Timothy Lake Isabelle Marcelin Patricia Marquardt Diane Meyer Vera Moguryan Kathianne Niznik Nonie Parks Lorraine Pizella Nadine Rice Marion Robison Sherry Rose Elizabeth Sather Rita Sharp Kenneth Sisson William Speaks Lorrie Stauch Vernon Stoll Elizabeth Tuey Robin Warberthien Linda Wiley -Curry Tameca Williams D. Young- Packard Lori Zickerman i Section 8 Participants Assisted Under Other HA Funding Allocations Minneapolis Public Housing Agency: Alvina Alkire Ardella Croon Gwen Everett Melinda Morgan Bloomington: Beverly Robinson