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HomeMy WebLinkAbout1985-033 , . 1 RESOLUTION NO. 85 11 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING 3 AFFIRMATIVE MARKETING POLICY AND TENANT ASSISTANCE POLICY FOR CITY'S RENTAL REHABILITATION PROGRAM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor and Common Council of the City of San 7 Bernardino desire to establish a Tenant Assistance Policy and an 8 Affirmative Marketing policy to establish the guidelines for the 9 City's Rental Rehabilitation Program. The Affirmative Marketing 10 Policy shall assure that all marketing for rehabilitated rental 11 facilities shall comply with non-discrimination and equal 12 opportunity programs, and that rehabilitated rental facilities 13 shall be marketed in a manner emphasizing the affirmative policy 14 of the City of San Bernardino to eliminate all forms of 15 discrimination and to provide equal opportunity in housing. The 16 Tenant Assistance Policy of the City shall provide the widest 17 possible availability to those qualifying therefor, and shall 18 assure that all persons shall be considered for assistance under 19 the program without discrimination based upon race, color, 20 national origin, sex, age, religion, marital status, handicap or 21 presence of minor children in the household. The City of San 22 Bernardino establishes the Affirmative Marketing Policy and the 23 Tenant Assistance policy to give direction to the Rental 24 Rehabilitation Program of the City of San Bernardino, and help 25 assure the program meets these purposes. 27 SECTION 2. Implementation. A. The City of San Bernardino Rental Rehabilitation program's Affirmative Marketing Policy attached hereto as Exhibi 26 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "1" and incorporated herein by reference, is hereby adopted as the official Affirmative Marketing Policy for the City of San Bernardino's Rental Rehabilitation Program. B. The City of San Bernardino Rental Rehabilitation Program's Tenant Assistance Policy, a copy of which is attached hereto as Exhibit "2" and incorporated herein by reference, is hereby adopted as the City's official Tenant Assistance Policy for its Rental Rehabilitation Program. C. All employees of the City of San Bernardino, and all employees of the Redevelopment Agency of the City of San Bernardino Community Development Division who are engaged in the furtherance of the Rental Rehabilitation Program of the City of San Bernardino, or have any role therein, and any agency designated to assist the City in the handling of this program, and all employees thereof, including the San Bernardino Westside Community Development Corporation, shall cooperate fully with th policies established hereby, and shall exercise their best efforts to implement in good faith all of the aspects of the Tenant Assistance Policy and Affirmative Marketing Policy established hereby. This policy shall assure that rental housin shall be available within the City of San Bernardino free of discrimination because of race, color, national origin, sex, age religion, marital status, handicap or presence of minor children in the household. This policy shall also help assure that the City's Rental Rehabilitation Program shall be affirmatively marketed to provide wide-spread dissemination of information and knowledge of the availability of the assistance provided hereby to maximize the opportunity of the citizens of the City of San -2- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~~4 25 26 27 28 1 Bernardino to reap the benefits of the City's Rental 2 3 Rehabilitation Program. A copy of this resolution shall be provided to the San Bernardino Wests ide Community Development Corporation to assure its awareness of these policies 4 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 7 meeting thereof, held on the , 1985, by the following vote, t Bernardino at a rpgnlF1r 8 9 day of 211';t .1F1nllRry wit: AYES: Council Members NAYS: ABSENT: CITY CLERK of The foregoing resolution is ed this 2.3d da ,l"nllrlry , 1985. Approved as to form: ~/~ .City Attorney . -3- CITY OF SAN BERNARDINO REIITAL REHABILITATION PROGRAM TENANT ASSISTANCE POLICY This Tenant Assistance Policy has been adopted by the Common Council of the City of San Bernardino ("City") and the Housing Authority of the County of San Bernardino ("Authority") in order to establish guidelines for the operation of the Rental Rehabilitation Program ("RRP") with respect to tenants who will be affected by the Program and the type of assistance that will be made available to them. The RRP is funded by the U.S. Department of Housing and Urban Development ("HUD") under its Rental Rehabilitation Program entitlement grant to the City. The City will use its best efforts to operate this Program in conformance with HUD regulations and funding criteria. The RRP is administered by the City in cooperation with the Authority and such other public or private organizations and individuals as the RRP may require for its efficient and proper operation. A. Persons Affected by this Policy 1. Every tenant lawfully occupying a rental unit that is rehabilitated under RRP and who is not prohibited from receiving Federal assistance will be offered assistance in accordance with the following policies. 2. Every tenant who is accepted for initial occupancy in a newly rehabilitated vacant rental unit available under RRP shall be offered assistance in accordance with the following policies. 3. Tenants as described in 1. and 2. above shall be known as RRP tenants. B. Provision of HUn Section 8 Assistance under the Housing Assistance Payment Program 1. Subject to HUD eligibility criteria, RRP tenants determined as eligible by the Authority will be provided with a HUD Section 8 Certificate or Voucher for financial assistance in renting a I rehabilitated unit under RRP or another qualifying rental unit. 2. In order to determine eligibility, RRP tenants must provide all information requested by the Authority in a timely manner. Such information may include details on size and composition of household, size of current rental unit and monthly rent paid, sources of income for each family member, total assets, marital status, legal residency status, and other information necessary to determine eligibility under HUD regulations. Information will be provided on forms provided by the Authority. 3. Determination of eligibility for Section 8 assistance shall be in accordance with the regulations governing the HUD Section 8 Existing Housing Program, the approved guidelines and the Administrative Plan. C. Eligibility for Relocation Assistance 1. Any RRP tenant displaced temporarily or permanently from his/her present unit as a direct result of the RRP shall be eligible for relocation assistance as described below unless the City determines that the tenant was not required to move for the purpose of facilitating the RRP. 2. No RRP tenant will be considered displaced if he/she has been offered a comparable replacement dwelling unit at an affordable rent. 3. A RRP tenant will not be eligible for relocation assistance if he/she moves to the property after submission of that property owner's RRP application and the tenant is notified in writing of occupancy about the proposed rehabilitation and its effect on the tenant. D. Temporary Relocation Assistance 1. Temporary relocation assistance will be the responsibility of the City. 2. In cases where the rehabilitation work necessitates temporary relocation, or in cases of displacement where a suitable replacement unit is not immediately available, the RRP tenant will be reimbursed for the temporary move into a comparable unit at a reasonable rent. Reimbursement will include reasonable moving costs associated with the temporary relocation as well as any housing costs that the City determines is reasonable. This reimbursement is to be paid on a monthly basis. 3. The City may, at its sole discretion, also pay for storage of tenant possessions in an amount not to exceed $50.00 per month. 4. If the temporary period exceeds six months, the RRP tenant may ask the City to provide permanent relocation assistance and the City will consider the reasonableness of such a request. E. Displacement and Relocation Assistance 1. The City will attempt to avoid RRP tenant displacement as a result of RRP activities whenever possible. 2. Relocation assistance as a result of displacement of RRP tenants will be the responsibility of the City. 3. A very low income RRP tenant in a project to be rehabilitated under the RRP may only be displaced with a tenant who is also very low -2- income. The determination that tenants are very low income will be made by the Housing Authority according to HUD guidelines. 4. The RRP tenant will be provided with an Information Statement which explains the reason for displacement and describes the relocation assistance available. A tenant who waives the relocation assistance offered will not be entitled to any other assistance. The waiver will be recorded in a signed Waiver Statement. 5. No RRP tenant will be considered displaced if the tenant has been offered a comparable dwelling unit in the City of San Bernardino at an affordable rate. If a tenant is displaced, the tenant will be reimbursed for moving costs (as identified in "D" above) associated with the move. The City may require receipts for such costs. 6. Unless there is an urgent need for the property to be vacated (Le., substantial danger to health and safety) or the tenant is evicted for cause, the RRP tenant will be given at least 60 days advance notice of the date on which the unit is to be vacated. The property owner will agree to this provision in order to participate in the RRP. 7. Subject to BUD eligibility criteria, displaced RRP tenants who qualify will be provided with HUD Section 8 rental assistance in the form of a Section 8 Certificate or Voucher for financial assistance in renting another unit, under HUD guidelines. 8. Displaced RRP tenants will be assisted by the City in locating a comparable replacement unit. Such a unit must meet HUD's Section 8 Existing Housing Quality Standards, shall be in an area that is not generally less desirable than that of the previous dwelling unit, and shall be otherwise acceptable under Section 8 regulations. If appropriate size units exist within the property to be rehabilitated, tenants will be given the opportunity to move into these units. If appropriate units are not available, then opportunities will be provided to select replacement dwellings from the same or other similar neighborhoods within the City of San Bernardino. The tenant will be provided with information concerning availability of such units. 9. Should a RRP tenant be offered and decline a comparable replacement unit, no further assistance will be provided by the City. The owner may begin eviction action. Such action by the owner will not jeopardize the owner's participation in the RRP or in the other programs of the Authority. F. Non-Discrimination 1. No RRP tenants shall be denied occupancy of a rehabilitated under the RRP program because of their national origin, sex, age, religion, marital status, presence of minor children in their household. rental unit race, color, handicap, or 2. No RRP tenants shall be denied information, counseling, referrals or other assistance or relocation services as described above -3- 344L because of their race, color, national origin, sex, age, religion, marital status, handicap, or presence of minor children in their household. -4- CITY OF SAN BERNARDINO RENTAL REHABILITATION PROGRAM AFFIRMATIVE MARKETING POLICY Statement of Policy In accordance with the regulations of the Rental Rehabilitation Program (Section 5ll-l0(m)(2)), and in furtherance of the City of San Bernardino's commitment to non-discrimination and equal opportunity in housing, the City of San Bernardino through the Redevelopment Agency of the City establishes these procedures to affirmatively market units rehabilitated under the Rental Rehabilitation Program. These procedures are intended to further the objectives of Title VIII of the Civil Rights Act of 1968, Executive Order 11063, and State of California legislative enactments including the Fair Employment and Housing Act (Rumford Fair Housing Act of 1963), the Unruh Civil Rights Act (amended 1959), the Ralph Civil Rights Act (1976) and Civil Code Section 54.1 - 54.3. It is the affirmative marketing goal of the City of San Bernardino to assure that individuals who normally might not apply for the vacant rehabilitated units because of their race or ethnicity: -know about the vacancies; -feel welcome to apply; and -have the opportunity to rent the units. This policy will be implemented through the following affirmative marketing procedures: 1. Informing the public, potential tenants and owners of rental properties about Federal and State fair housing laws and the City's affirmative marketing policies relating to the Rental Rehabilitation Program: The City of San Bernardino through the Redevelopment Agency and its Community Development Division or other designated agency will inform the public, potential tenants, and owners of rental housing about its affirmative marketing policy relating to the Rental Rehabilitation Program and the provisions of Federal and State fair housing laws. Specifically, the City will: a) Place an advertisement in The Sun Newspaper; b) Meet directly with property owners interested in participating in the program and provide them with a copy of this policy and answer any questions they might have; and c) Visit tenants in building selected for rehabilitation and post signs about the Rental Rehabilitation Program with the HUD Equal Housing Opportunity logo in each building. The City of San Bernardino will inform the public, potential tenants, and owners about the program as soon as we receive notification that the Rental Rehabilitation Program applications has received HUD approval: 2. Informing about available vacant units: The City of San Bernardino will require participating property owners to contact the City or its designated agency as soon as they know a unit in their rehabilitated property is to become available. We will advise owners to provide this information as close to 30 days prior to the upcoming vacancy as possible. When the City or its designated agency learns of vacancies, it will make information about them known by: a) advertising in the general public in the San Bernardino Sun Newspaper which is the newspaper of general circulation. We will not advertise to the general public until a minimum of one week has passed since the beginning of special outreach efforts to inform persons otherwise not likely to apply, as described below. 3. Special Outreach: For the properties that are to be rehabilitated, the City of San Bernardino has determined the racial/ethnic characteristics of the current tenants and of residents in the neighborhoods of Delman Heights, Westside North, Westside Central, Westside South, Meadowbrook, and the Valley. Based on this analysis, the City has concluded that persons who are not likely to apply for housing in representative numbers without special outreach are Blacks and Hispanics. Based on this conclusion, the City will: a) Contact the state Employment Development Department, County of San Bernardino of Public Social Services, West Side Community Development Corporation, and the Inland Mediation Board to request that they make information supplied by owners on vacant units available to Black and Hispanic members of the Community. b) Require that owners, whenever possible, inform these agencies of their upcoming vacancies at least one (1) week prior to any general advertising of the vacancy to the general public through the media. 4. Recordkeeping: The City of San Bernardino through its designated agency will keep records of the following: a) Copies of ads placed in the San Bernardino Sun Telegram. b) Copies of Employment Department Development advertisements and dates of each contact Development Department, County of San of Public Social Services, West Side Corporation and the Inland Mediation Board. with State Bernardino Community We will also ask these organizations to keep a record of how they made vacancies known to the people they serve: -2- '. 5. Assessaent and Corrective Actions: Effectiveness of our affirmative marketing efforts will be assessed as follows: a) To determine if good faith efforts have been made, we will compare the information contained on the records to be kept, as determined by Procedure 4, with actions that were taken to carry out Procedures 2 and 3. If the required steps were taken, we will determine that good faith efforts have been made. b) To determine results, we will examine whether or not persons from the variety of racial and ethnic groups in our area applied for or became tenants of units that were affirmatively marketed. If we find that a variety is represented, we will assume our procedures were effective. If any groups are not adequately represented, we will review the procedures to determine what changes, if any, might be made to make the affirmative marketing efforts more effective. The City of San Bernardino will take corrective actions if we find that property owners fail to carry out procedures required of the owners. If, after discussing with owners way to improve procedures the owners continue to fail to meet the affirmative marketing requirements, the City will consider disqualifying an owner from future participation in the Rental Rehabilitation Program. The City of San Bernardino will carry out assessment activities and complete a written assessment of affirmative marketing efforts in time to report results in the annual performance report to HOD. This assessment will cover marketing relative to units rehabilitated and first made available for occupancy during that year. 459L -3-