Fairfield Alabama Housing Authority
Smoke-Free Housing Policy
24 CFR Parts 965 and 966
(Lease Addendum and House Rules Amendment)
The Department of Housing and Urban Development (HUD) has implemented a Rule that requires each Public Housing Authority administering public housing to implement a smoke-free policy. Specifically the Rule requires each Public Housing Authority to implement a policy prohibiting lit tobacco products and all smoking in any interior common areas, including but not limited to community rooms, community bathrooms, lobbies, reception areas, hallways, laundry rooms, electrical rooms and closets, storage units or rooms, stairways, offices, elevators and within all living units in public housing, and Public Housing Authority administration office buildings and vehicles (in brief, a smoke-free policy for all public housing indoor areas). The Housing Authority is also prohibiting electronic nicotine delivery systems (ENDS) and is including it in this policy’s definition of Smoking. This policy extends to all outdoor areas up to twenty-five (25) feet from housing (doors/entrances, windows and porches) and administrative office buildings and maintenance facilities.
HUD is requiring implementation of smoke-free public housing to improve indoor air quality in housing, benefit the health of public housing tenants and public housing staff, reduce the risk of catastrophic fires, and lower overall maintenance costs. This policy applies to all tenants, tenant’s families, tenant’s guests, visitors, contractors, service personnel, and employees.
Purpose of Policy
Effective Date
The Effective Date shall be April 1, 2018. All tenants, tenant’s families, tenant’s guests, visitors, contractors, service personnel, employees, and members of the public in and/or on Housing Authority property will be prohibited from smoking inside the buildings, common area, including all housing apartments starting on that date. Smoking is only allowed beyond twenty-five (25) feet from all housing (doors/entrances, windows and porches) and administrate office buildings and maintenance facilities.
Tenants Responsibilities and Lease Violations
ENFORCEMENT
If a tenant is found to be in violation of the Smoke Free Housing Policy, the following steps will be taken:
First offense – The first documented occurrence will result in a warning and counseling to include documentation;
Second offense – The second documented occurrence will result in a maintenance charge of $250.00 to the tenant to cover the cost of fumigating, painting, repairing, and/or correcting damage caused by tobacco smoke.
Third offense – The third documented occurrence will result in Lease termination.
Health and Safety of Employees and Contractors
For the health and safety of Housing Authority employees and their representatives, no tenant shall have any type of tobacco or related product burning at such time as any employee or representative of the Housing Authority enters and remains in their apartment. If any tenant refuses to put out the burning tobacco or related product prior to the employee or representative entering their apartment, or if the tenant lights a tobacco or related product while an employee or representative remains in their apartment, the employee or representative shall vacate the apartment immediately and not return until such time as there is no longer any tobacco or related product burning. This may result in a delay of services to the tenant’s apartment and possibly eviction.
Adoption of Policy by Tenant
Upon approval of this policy, all tenants presently living in the Housing Authority apartments and new tenants will be given a copy of this policy. After review both incoming and current tenants will be required to sign the Smoke Free Housing Lease Addendum/ House Rules Amendment. A copy will be retained in the tenant file. All tenants will be required to sign the new no smoking agreement prior to the Effective Date. Failure to sign and/or return the Smoke Free Housing Policy Lease Addendum/House Rules Amendment to the Property Management office in a timely manner will result in a written warning, and if still not received after the two warnings, eviction. All current tenants who smoke will be provided with resources for a cessation program upon request. The development’s Property Manager will provide information on cessation program accessibility.
Disclaimers and Representations
FAILURE TO SIGN THE ATTACHED LEASE ADDENDUM/HOUSE RULES AMENDMENT AND/OR RETURN IT TO THE PROPERTY MANAGEMENT OFFICE IN A TIMELY MANNER WILL BE CONSIDERED A LEASE VIOLATION AND PUT YOU AT RISK OF EVICTION.
Definitions
MEMORANDUM
TO: FAIRFIELD ALABAMA HOUSING AUTHORITY RESIDENTS
MATTIE GILL JACKSON GARDENS
DEMETRIUS NEWTON GARDENS
DATE: October 8, 2019
FROM: Shannon Hackett Eady
Executive Director
SUBJECT: Rodent Infestations
Fairfield Alabama Housing Authority is aware of the rodent infestations that have been reported to the office, and we are working diligently to find remedies for the situation. The housing authority will utilize black boxes at residences and will implement various measurements along the fence lines at both sites to help eliminate the infestation. If any residents would like glue traps, please call the office and make the request.
It is imperative that the residents also work as diligently, along with us, to eliminate this problem. We ask that all residents do their part by refraining from throwing trash out in any manner other than to properly place in the trash bins regularly, and keeping units as clean as possible, especially avoiding leaving food items out.
I cannot emphasize enough how important proper cleaning is to deter and rid units of rodents. Rodents will return to areas where they have previously been by following their scent and the scent of their urine; so, it is imperative that areas where rodents have been observed be thoroughly cleaned with bleach or other products which will eliminate the odors.
FAHA will scatter rodent poison around the fence lines and units; therefore, residents with a signed Pet Agreement will need to be issued a glue trap instead due to the potential that the poison could possibly make a pet ill.
I cannot emphasize enough how important it is that we all work together, each doing our part, to eliminate this problem.
Resident Advisory Board meets on the 2nd Tuesday of each month at 4:00pm.
Call 205-923-8017 for location of meeting.
Forming the Resident Advisory Board
What is required?
The Resident Advisory Board (RAB) provides the PHA and the residents with a forum for sharing information about the Agency’s Annual Plan. Section 511 of the United States Housing Act and the regulations in 24 CFR part 903 require that PHAs establish one or more Resident Advisory Board(s) (RAB) as part of the PHA Plan process. RAB membership is comprised of individuals who reflect and represent the residents assisted by the PHA. The role of the RAB is to assist the PHA in developing the PHA Plan and in making any significant amendment or modification to the Plan.
What is the role of the RAB?
The main role of the RAB is to make recommendations in the development of the PHA Plan. In order to facilitate collaboration, PHAs should encourage the RAB’s participation from the inception of the planning process. PHAs are also required to request input from the RAB for any significant amendment or modification to the PHA Plan.
When should the RAB be appointed?
The RAB should be appointed well in advance of the date that the PHA Plan is due to HUD to ensure effective resident participation in the development of the plan.
Who can participate on the RAB?
If a jurisdiction-wide resident council is in place that complies with tenant participation regulations at 24 CFR Part 964, the PHA must appoint this group or its representatives as the Resident Advisory Board. If the PHA does not have a jurisdiction-wide resident council, then it should appoint resident councils or their representatives to serve as one or more of the RABs. A PHA may require that the resident councils choose a limited number of representatives to serve as RAB members.
Where there are no resident councils that comply with the tenant participation regulations, then the PHA must appoint one or more RABs or board members as needed to adequately reflect and represent the residents assisted by the PHA. The PHA should give adequate notice of its intentions to the residents and encourage the residents to form resident councils that comply with the tenant participation regulations. PHAs have discretion in determining the method of appointment of RABs, as long as a PHA ensures that its RAB or RABs reflect and represent all the residents assisted by the PHA.
How many RABs are required?
PHAs that do not have a jurisdiction-wide RC have discretion to determine the number of RABs that they may appoint. PHAs are required to institute at least one RAB; the number of RABs beyond that number will depend on the size and the complexity of the PHA or its developments. In deciding the number of RABs to be established, a PHA should consider how adequate representation of its entire resident population can be provided.
How does the PHA fix the term of service?
There is no fixed term for membership on a RAB. A PHA has discretion to establish its own policy regarding the duration of the appointments. In determining the tenure to be adopted, PHAs may consider the number of RABs and the number of residents who volunteered to serve. Greater RAB participation may be realized by rotating residents tenure.
What if the PHA cannot establish a RAB?
If, after making all possible endeavors, a PHA is not successful in establishing a RAB, it may appoint all of the agency’s assisted residents as members of the RAB. The PHA must notify all of its members that they have been appointed as members and inform them of their role and responsibilities regarding the development of the PHA Plan. The PHA must also provide residents with notification of meetings (at least 48 hours in advance) and provide copies of any materials for review.
Encouraging Participation in the RAB
Residents who volunteer to be part of the RAB can be excellent partners to the PHA during the development of the PHA Plan. Although PHAs are expected to make a significant effort to ensure adequate resident representation in the Resident Advisory Boards, securing participation by residents during the planning process may pose a challenge for some PHAs.
How can a PHA encourage residents to take advantage of the RAB opportunity?
Personal appeals are one strategy. Executive Directors may be more likely to get commitments from residents if they personally request their participation. Residents might also be hesitant to volunteer to work with a Resident Advisory Board if they do not really understand their role as a member of the RAB. The PHA provide adequate information to all residents regarding the RAB. The PHA should inform residents of the purpose and role of the RAB, as well as practical information such as the time commitment required. The PHA should make clear to residents and Section 8 participants that the partnership between the residents and the PHA is of benefit to both parties. The residents are provided with an opportunity to voice their concerns so that their needs are addressed, and they can become involved in the planning process. The PHA also gains essential information from the residents about the improvements that need to be made at the agency’s developments and residents self-sufficiency needs. This information helps the PHA to set priorities for capital improvements and advises resident services programming.
PHA’s Responsibility to the RAB
What are the PHAs Responsibilities?
PHAs have the responsibility to ensure that the RAB can adequately serve its function including:
PHAs must give the RABs sufficient time to review and make recommendations on the Plan. RABs will be able to contribute best if they are provided with adequate information regarding the PHA’s programs and the policies included in the Five-Year and Annual PHA Plan.
The PHAs should give RABs advance notice of meetings scheduled to discuss areas of the Plan (generally, at least 48 hours, or more depending on the meeting agenda).
RABs should also be provided with any existing documents that would assist them to make productive recommendations during the working meetings.
PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs.
At what stage in the planning process must PHAs involve the RABs?
The role of the RABs is to assist and make recommendations regarding the development of the PHA Plan and any significant amendments or modifications to it. RABs should be involved in the planning process as soon as it is feasible and must be given sufficient time to fully participate in the process so that they can carry out their proper role and provide representation that is meaningful and relevant to the development of the Plan. The PHA and the RAB should develop a reasonable timetable to promote participation, including adequate notice of meetings. To facilitate productive meetings, PHAs may do preliminary work prior to involving the RABs, such as gathering and compiling data and materials to help residents participate in the process, including some initial recommendations. A PHA must consider the recommendations of the RABs and make revisions to drafts or to the Plan which it deems appropriate.
Public Notice and Comment Period Requirements
The PHA governing body is required to convene a public hearing to discuss their Five-Year and/or Annual Plan and to prompt comments from the public regarding their proposed activities. PHAs must consider, in consultation with the RABs, all the comments received at the public hearing.
PHAs are required to carry out the following steps at least forty-five (45) days prior to the scheduled public hearing:
Publish a notice indicating that a public hearing to present the Plan and further public comments will be held including time, date and location. The notice should also indicate where the Plan and pertaining documents will be available for their review. The documents should be maintained at an accessible place such as the PHA’s central office.
Conduct outreach activities to promote comprehensive participation in the public hearing.
Any significant amendment or modification to the plan is subject to the public hearing and RABs assessment requirements.
Incorporating Comments into the Plan
PHAs are required to consider the RAB’s recommendations to the Plan but are not required to agree with them. The recommendations received must be submitted by the PHAs as a required attachment to the Plan. PHAs must also include a narrative describing their analysis of the recommendations and the decisions made on these recommendations. It is prudent for PHAs to acknowledge those recommendations that conform to the programs and the mission of the PHA. If the RABs do not provide recommendations to the Plan, the PHA must document that in the attached narrative.
Announcement of Membership of the RAB
PHAs must provide an attachment to the PHA Plan listing the members of its Resident Advisory Board(s). If the number of participants is too large to reasonably list, then the attachment should include a list of the organizations represented on the RAB or other description sufficient to identify how members were chosen.
RAB Notification of Plan Process
To ensure that the RAB is fully engaged in the full plan process, PHAs are required to promptly provide a copy of the HUD award letter (identifying formula share allocations for Capital Fund and Drug Elimination Programs), plan approval letter and at least one copy of the approved plan to each RAB.
VIOLENCE AGAINST WOMEN ACT (VAWA) RESOURCES FOR MULTIFAMILY ASSISTED HOUSING
On March 7, 2013, the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) was signed into law. The law significantly expanded housing protections to victims of domestic violence, dating violence, sexual assault, and stalking across HUD’s core housing and homelessness programs. To implement the law’s new provisions, HUD issued a final rule, which took effect on December 16, 2016. The new provisions build a broad set of housing protections into all of HUD’s key programs.
HUD’s regulation applies to all multifamily assisted housing properties, including those with project-based Section 8, Section 202 and 811 supportive housing for the elderly and people with disabilities; Section 236 and 221(d)(3) below market and reduced interest rate programs; and the Section 811 Project Rental Assistance grant program.
The Office of Multifamily Housing issued guidance to owners and management agents of HUD multifamily assisted housing on the requirements of implementation of the rule in HUD housing programs with program notice H 2017-05 on June 30, 2017. The program notice does not encompass all aspects of the rule and should be used in conjunction with the final rule.
To provide additional information on VAWA requirements, HUD produced two training webcasts and accompanying PowerPoint presentations:
July 26, 2017 – VAWA Final Rule Multifamily Housing Owner/Agent Perspective
August 1, 2017 – VAWA Final Rule Multifamily Housing HUD and PBCA Staff Perspective
Additional Domestic Violence Resources:
