HDC - Item 2 - Tenant Selection Process For Garvey Senior Housing ProjectA '
Q
4
� t•
Memorandum
To: Bill Crowe, Executive Director
From: Stephen Copenhaver, GRC
Date: July 2, 2002
Subject: Tenant Selection Process for Garvey Senior Housing Project
Attached, please find a copy of a report prepared by the Levine Management Group,
Inc. that addresses questions raised at the Commission's meeting of May 14, 2002.
The document lists the tenants occupying the Angelus Senior Housing project, the
units that have turned over and the date each tenant moved into the complex and the
current waiting list.
In addition to the issue relating to resident occupancy at the Angelus Project, the
Commission requested information relating to verification of income. The suggested
procedure for qualifying tenants will include requesting tax returns for the prior two
years, proof of social security income, W -2's, bank statements and a search of tax
assessor's ownership records over the past three years of the applicant's addresses.
We have inquired about the possibility of requiring waivers and making direct
inquiries to the IRS to verify income. However, we have been advised by
Congresswoman Solis's staff that City initiated IRS inquiries are not possible. The
applicant will have to make the request directly to the IRS.
With respect to the priority of offering units for rent, the staff recommendation
remains to offer units to individuals on the waiting list in the order that pre -
applications were received. Any other method of selecting tenants eligible to be
qualified would be extremely difficult to implement because interested parties have
been advised of the waiting list for several years following the date the Angelus project
was fully leased.
In addition to the report from Levine Management Group Inc., I have attached the
Tenant Selection Criteria, the original letter from David Kroot, and copies of
newsletter articles on the project.
Recommendation
Direct staff to: a) proceed with pre - leasing efforts verifying incomes following the
procedures outlined in this memorandum report; b) selecting tenants on a first come -
first served basis from the established waiting list; and c) approve the attached Tenant
Selection Criteria.
HOUSING AGENDA
JUL 0 9 2002
ITEM No. 02.
,i •
May 31, 2002
Don Wagner Assistant City manager
8838 E. Valley Blvd.
Rosemead, California 91770
Re: Garvey Senior
Dear Don,
Sent via Federal Express
Please find enclosed the requested information with regard to the four items the Board
had inquired about at the May 14, 2002 meeting:
1. A list of names of each tenant and how long they have resided at Angelus Senior
Housing.
2. The vacancy rate history from 1996 through 2002 including the reasons why the
tenants moved out.
3. There were no original tenants that moved in from the trailer park during the
initial lease -up.
4. Please see the attached updated waiting list.
Please do not hesitate to contact me with any questions.
Sincerely,
LEVINEMANQAGEMENT GROUP, INC.
Michele Kuraner
Director of Occupancy
LEVINE MANAGEMENT GROUP, INC. • 822 S. ROBERTSON BLVD., SUITE 200 • Los ANGELES, CA 90035 -1613 • 310 -358 -3489 • FAX 310 - 358 -3494
w .Ievinegroupsxom
Date 05/20/2002 Tenant List - Summary Page
Report: TR40 - - ANGELUS SENIOR HOUSING
Current Tenants For the Period Ending 05/31/2002
Tenant Name
Last First Initial Relationship On Lease Unit # Birthday Move In Move Out
CALDERON
RICARDA
Head
of
Household
Yes
308
/
04/01/1995
10/13/2000
/
/
CAO
SU ZHEN
Head
of
Household
Yes
205
/
/
05/01/1995
/
/
CHANG
JEN
Head
of
Household
Yes
207
/
/
04/01/1995
/
/
CHANG
YUNG HSIAN
Head
of
Household
Yes
401
/
/
05/01/1995
Other Family Member
CHANG
SHEAU JUNG
Other
Family Member
Yes
209
/
BERTHA
/tso A
of Household
Yes
CHANG
HENG CHEN
Head
of
Household
Yes
209
PAK
S Head
+-� /j$/0
Yes
313
CHANG
KUEI CHEN
Head
of
Household
Yes
314
Head
of Household
LJ /!5/o
409
CHARLES
REYNALDO
Head
of
Household
Yes
111
/
/
104/01/1995
/
CHENG
PING
Head
of
Household
Yes
403
/
/
05/01/1995
CHING
SHIH
Head
of
Household
Yes
304
/
/
09/01/1997
CHU
SUN
Head
of
Household
Yes
106
/
/
10/15/1996
CHU
CHIEN
Head
of
Household
Yes
109
/
/
05/01/1997
KAI
CHUEN
CHEN
Head
of
Household
Yes
306
/
/
05/01/1995
KAVANAUGH
JOSEPH
CONTRERAS
AMPARO
Head
of
Household
Yes
105
/
/
03/01/1995
GAN
Head
DAVIDSON
JOHN C
Head
of
Household
Yes
211
LEUNG
q 15101`l
Head
of Household
nrn
£HF
spouse—
/
04/01/1995
.Yes
LIMON
SOCORRO
Head
of Household
Yes
DTD -'- ..
DFD...
lead
of
lhonsel old
Yes
LIN
PING
Head
of Household
Yes
302
DING
ALICE
Head
of
Household
Yes
407
/
/
05/01/1995
215
/
DUONG
HONG
Head
of Household
Yes
309
/
/
04/01/1995
/
/
ESTORGA
OFELIA
Head
of Household
Yes
310
/
/
04/01/1995
EVANS
BETTY
Head
of Household
Yes
406
/
/
03/01/1995
GONZALES
HORTENCIA
Head
of Household
Yes
213
/
/
04/01/1995
HAU
KUK
Other Family Member
104
/
/
01/01/1997-
HERNANDEZ
BERTHA
Head
of Household
Yes
102
/
/
03/01/1995
HO
PAK
S Head
of Household
Yes
313
/
/
HOANG,
JIMMY.
Head
of Household
Yes
409
(0]4/01/1995
HON
YEE FAR
Other
Family Member
Yes
/
HON
YEE HAR
Other
Family Member
Yes
/
HON
JEE HUNG
Head
of Household
- Yes
-iOw —
HWANG
CHAO
Head
of Household
Yes
410
/
/
04/01/1995
JIANG
SI SHAN
Head
of Household
Yes
408
/
/
05/01/1995
KAI
LIU
Head
of Household
Yes
104
/
/
01/01/1997
KAVANAUGH
JOSEPH
Head
of Household
Yes
212
/
/
03/01/1995
KYAN
GAN
Head
of Household
Yes
204
/
/
03/01/1995
LEUNG
WING
Head
of Household
Yes
312
/
/
04/01/1995
LIMON
SOCORRO
Head
of Household
Yes
214
/
/
04/01/1995
LIN
PING
Head
of Household
Yes
302
/
/
05/01/1995
MACHUCA
FELISA
Head
of Household
Yes
215
/
/
03/01/1995
MANAGER
UNIT
Head
of Household
Yes
107
/
/
02/15/1995
NGUYEN
BINH
Head
of Household
Yes
203
/
/
04/01/1995
NGUYEN
DUC THI
Head
of Household
Yes
201
/
/
04/01/1995
NGUYEN
OUY
Head
of Household
Yes
404
/
/
05/01/1995
NGUYEN
IND
Head
of Household
Yes
208
/
/
04/01/1995
NGUYEN
TUONG
Head
of Household
Yes
101
/
/
03/01/1995
NGUYEN
MINH
Other
Family Member
Yes
206
/
/
- 04/01/1999
/
/
Date 05/20/2002
Tenant List - Summary
Page 2
Report: TR40
ANGELUS SENIOR HOUSING
Current
Tenants
For the
Period
Ending 05/31/2002
Tenant Name
Last
First
Initial Relationship
On Lease Unit #
Birthday
Move in
Move
Out
ORTEGA
MICKEY
Head
of
Household
Yes
301
/
/
04/01/1995
/
/
RAMOS
MARCELA
Head
of
Household
Yes
108
/
/
03/01/1995
/
/
REYES
TERESA
Head
of
Household
Yes
202
/
/
03/01/1995
/
/
SUN
XING
Head
of
Household
Yes
405
/
/
- 04/15/1995
/
/
SZETO
YU SIN
Head
of
Household
Yes
411
/
/
04/15/1995
/
/
TIET
HONG
Head
of
Household
Yes
103
/
/
06/16/1997
TING -CHIN
SHAD
Head
of
Household
Yes
110
TRAN
OUANG
Head
of
Household
Yes
206
04/01/1999
TSENG
JEN MEI
Head
of
Household
Yes
307
/
/
03/01/1995
TZEN
MEIWEN
Head
of
Household
Yes
311
/
/
07/01/1996
WANG
MIN HUA
Other Family Member
Yes
109
04/01/1999
05/01/1997
WU
HSIA HSIAN
Head
of
Household
Yes
303
/
/
05/01/1995
WU
ANN
J Head
of
Household
Yes
305
1-�/8/�,9
ZHAO
JIN
Head
of
Household
Yes
210
/
/
02/01/1997
ZOEN
YING-TAI
Head
of
Household
Yes
402
/
/
05/01/1995
/
/
ANGELES SENIOR HOUSING
VACANCY RATE HISTORY
1996 THROUGH 2002
Apt. #
Name
Date Vacant
Reason
106
Ortiz
10/15/96
Deceased
104
Diep
12/31/96
Move out of area
210
Quartuccio
01/31/97
Deceased
110
Armenta
03/29/97
Moving in w /family
109
Mata
04/12/97
Move in w /sister as caretaker
103
Garcia
05/31/97
Deceased
304
Lea
08/18/97
Deceased
206
Luo
03/31/99
Move in w /son
211
Hoang
09/04/99
Move in w /daughter
409
Lee
08/27/99
Move in w /daughter
305
Delgardillo
12/01/99
Move close to family
314
DelRio
03/31/02
Move close to family
209
Ledesma
04/12/02
Move close to family
o
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Summary of Tenant Qualifications and Selection Criteria
The following Criteria have been adopted by the RHDC Board to establish the minimum age,
income, residency, health standard and the maximum level of financial assets for suitable
tenants. These criteria are as follows:
Minimum Qualifications
Age: 62 years or older for at least one occupant and 45 years or older for co- applicants
and live -in attendants for the handicapped.
Maximum: The maximum income shall be 40% of area median income as adjusted for
household size. The minimum income shall be $8,800 per year. For calendar year
2002 the maximum income for a single occupant would be $13,120 and the maximum
income for a two- person household would be $15,000.
Residency: Each tenant shall have been a Rosemead resident for six months preceding
the application submission date. This criteria shall apply to multiple person households .
as well as single person households.
Health: Suitable for independent apartment living.
Maximum Assets: Ownership of no other real estate and no more than $20,000 per
individual in liquid assets such as stocks, cash deposits, bonds, etc.
Existing Housing Assistance: Applicants shall not have lived in another, subsidized
unit or benefited from another rental assistance program for one year prior to
submitting an application.
Rent: Consistent with the Angelus project at $250 - $300 per month for a one-
bedroom and $450 for two- bedroom units. Two bedroom units will be reserved for not
less than two occupants.
Handicapped: Handicapped adapted units will be reserved for handicapped residents
only and be selected in order of filing of applications.
The Law Offices of
GOLDFARB & LIPMAN
1300 Clay Street
Ninth Floor
City Center Plaza
Oakland
California 94612
Memorandum
M David Kroot
May 14, 2002
Lee C. Rosenthal
TO
John T. Nagle
Donald Wagner
Polly V. Marshall
From
Lynn Hutchins
M David Kroot
Richard A. Judd
RE
Karen M. Tiedemann
Preferences for Rosemead Residents and United States Citizens in Affordable Housing
Thomas H. Webber -
Preference in Tenancy for Residents
John T. Haygood
We write to respond to your request for advice regarding the proposal that
Dianne Jackson McLean
applicants for the affordable housing project designated to serve very low income
Michelle D. Brewer
seniors in the City of Rosemead (the "Development ") be entitled to a selection
415 788 -6
788 -63336 6
preference if they can show that they have resided in the City of Rosemead (the "City')
Jennifer K. Bell
for some specific period of time. In addition, you have asked us whether the City can
Carolyn A. Gold
prohibit occupancy of the Development by persons who are not citizens of the United
Robert C. Mills
States.
Isabel L. Brown
We understand that the Development will serve elderly and handicapped low -
Claudia J. Martin
income residents and will be paid for out of the Redevelopment Agency of the City of
Wilham F. DiCamillo
Rosemead (the "Agency ") low- and moderate - income housing funds and Los Angeles
Rafael Mandehnan
County (the "County ") HOME funds.
Heather J. Gould I Short Answer
610\01 \157571.1
The City and the Agency can impose a preference for residents, and such
Of Counsel
preference is likely to survive a_court challenge if the residency period necessary to
Barry R. Lipman
obtain preference does not exceed six (6) months.
Steven H. Goldfarb
The City and the Agency cannot limit the housing to persons who are citizens
of the United States.
Oakland
510 836-6336
Preference in Tenancy for Residents
510 836 -1035 PAX
nder the U.S. Constitution, as interpreted by the courts, it is a suspect practice
San i
g rant g
to references to local residents distributing government services and
p oca resents when
415 788 -6
788 -63336 6
benefits. Courts have frequently struck down residency requirements. The
Los Angeles
213 627 -6336
610\01 \157571.1
Donald Wagner
May 14, 2002
Page 2
vulnerability to court challenge of a durational residency requirement generally
increases in proportion to the length of the requirement.
Applicants can be required to prove that they are bona fide residents of a city in
order to obtain city services. Long durational residency requirements, however, have
been invalidated when they are intended to "reward" long -term residents by offering
them benefits denied to newcomers. We believe that any requirement that a housing
applicant show more than a few months of residence in the City is at risk if challenged.
Analysis -- Potential Challenge Under the U.S. Constitution
Generally, the United States Supreme Court has struck down durational
residency requirements when they would deny short-term residents equal access to a
necessity of life, a means of subsistence, or some other very important benefit.' Courts
generally have upheld residency requirements only when a non - essential benefit is at
issue, such as the ability to obtain a quick divorce, or the charging of in -state instead of
out -of -state tuition.2 Even where a non - essential benefit is at issue, the residency
requirement must not further discrimination against genuine bona fide residents.3
Relying upon this line of cases, the California Supreme Court has held that it is
unconstitutional for the state to attempt to "take care of its own" by providing veteran's
benefits only to persons who were California citizens when they entered the military.
Instead of considering former resident status, the state must treat all veterans who are
current residents of California equally."
' Shapiro v. Thompson, 395 U.S. 618 (1969) (requiring residence in the state for one
year in order to obtain welfare payments violates the equal protection clause and the
right to travel under the U.S. constitution); Memorial Hospital v. Maricopa County,
415 U.S. 250 91974) (unconstitutional to limit free medical services to those who have
resided in county for more than one year); Zobel v. Wiliams, 457 U.S. 55 (1982)
(unconstitutional under the equal protection and privileges and immunities clauses to
distribute cash benefits associated with oil production dividends to residents based
upon their duration of state residency).
Z Sosna v. Iowa, 419 U.S. 393 (1975); Stams v. Malkerson, 401 U.S. 985 (1970).
3 Vlandis v. Klien, 412 U.S. 441 (1973). The state allowed students to establish state
residency for all purposes except in -state tuition classification by merely residing in the
state, but required one year's residence as a non - student to qualify for in -state tuition.
The court held that the state may not treat a person as a resident for all purposes except
the purpose of receiving a benefit offered to other bona fide residents.
° Del Monte v. Wilson, 1 Cal.4' 1009, 1020 (1992).
610 \01 \157571.1
Donald Wagner
May 14, 2002
Page 3
The courts have distinguished short durational residency requirements, which
function as a means of establishing that applicants are bona fide residents, from those
which reward long -term residency. The courts have almost uniformly found purpose
of rewarding long -term residency to be unconstitutional.5 Based upon these decisions,
we believe a short residency requirement (such as three to six months) is more likely to
be upheld.
It is likely that a lengthy durational residency requirement imposed upon
applicants to reside in low - income housing built with public funds would be struck
down on constitutional grounds. There is a substantial risk that a court would conclude
that any residency requirement exceeding a few months impermissibly rewards longer -
term residents over others seeking access to housing, a necessity of life. 6
One lower federal court decision in New York has upheld a one -year residency
requirement .7 We do not believe that this decision provides a solid legal basis for
establishing a one -year residency requirement. The court failed to discuss whether
publicly assisted housing is a "fundamental personal right or interest" or a "necessity of
life" under the applicable U.S. Supreme Court cases, and the case was decided prior to
the Supreme Court's subsequent and more explicit condemnation of "rewarding" long-
term residents through durational residency requirements.8
Due to the lack of available affordable housing in California, there is a
substantial risk that a reviewing court would determine that affordable housing is a
"fundamental human need" and strike down any requirement that exceeded a few
months in length. To defend a residency requirement for the Development, the City
would need to show that: (1) the requirement is necessary to assure the City that the
applicant is a bona fide resident of Rosemead, and (2) the requirement is not intended
to "reward" long -term residents.
5 See Zobel at 63.
6 See King v. New Rochelle Municipal Housing Authority, 442 F.2d 646 (2d Cir.
1971) (five year residency requirement in publicly owned housing projects violates the
equal protection clause of the U.S. constitution); Cole v. Housing Authority of the City
of Newport, 435 F.2d 807 (V Cir. 1970) (two -year residency requirement in publicly
owned housing project unconstitutional). The courts characterized the applicant's
interest in eligibility for publicly funded housing as a "fundamental personal right" and
"fundamental personal interest." King at 648; Cole at 809. A future court may also
further analogize to the welfare cases discussed above and classify publicly supported
housing as a "necessity of life."
7 Lane v. McGarry, 320 F.Supp. 562 (N.D.N.Y. 1970).
s Zobel at 63.
610\01\157571.1
Donald Wagner
May 14, 2002
Page 4
A short period, such as three months, is probably adequate in most cases to
establish bona fide residency. In an unreported decision, a California court recently
denied a challenge to the City of Carlsbad's short, sixty -day residency requirement for
persons seeking to benefit from government assisted housing.9 A slightly longer
requirement (perhaps six months) might be justified, depending upon the proof of
residency required. It is likely that any requirement as long as, or exceeding, one year
would be struck down.
Analysis -- Potential Challenge Under the Fair Housing Act
The Fair Housing Act of 1968 and its subsequent amendments10 (the "Act ")
prohibit housing providers from engaging in practices which have the effect of
discriminating on the basis of race, color, religion; sex, national origin, disability or
family status. Successful suits have been brought against local governments under the
Act. 11 A plaintiff challenging a city practice under the Act need only show that the
challenged practice has a discriminatory effect, and is not required to show that the city
had a discriminatory purpose or intent.12 Plaintiffs can recover attorney's fees and
punitive damages under the Act.13
Because the racial composition of the City of Rosemead has changed over the
years, it is likely that a long durational residency requirement (such as 10 years) would
9 Laurent v. City of Carlsbad (finding that plaintiff failed to make a prima facie
discrimination claim) (S.D. Cal 2002)
10 42 U.S.C. 3601, et M.
See Huntington Branch. NAACP v. Town of Huntington, 844 F.2d 927 (2d Cir.
1988) (town violated act by refusing to amend zoning ordinance to permit construction
of multifamily dwellings outside urban renewal area and by refusing to rezone a
specific site); Metropolitan Housing v. Village of Arlington Heights, 558 F.2d 1283
(7`h Cir. 1977) (village had obligation under the Fair Housing Act to refrain from
zoning policies that effectively foreclosed construction of any low -cost housing).
12 Metropolitan Housing at 1290.
13 A recent federal appellate court ruling reviewing a housing authority's policy of
giving preference to local residents in the allocation of Section 8 vouchers, and held
that the housing authority's desire to benefit its own local residents might constitute the
legitimate business purpose necessary to justify the discriminatory racial impact of the
local preference. The court noted that Congress had endorsed local preferences in the
recent legislative amendments to the Section 8 program. However, in the absence of
such federal statutory authorization, it is doubtful that a local government's desire to
serve local residents would qualify as a "legitimate business purpose" to justify
disparate racial impact. See Langlois v. Abington Hous. Auth., 207 F.3d 43 (15` Cir.
200).
610 \01 \157571.1
Donald Wagner
May 14, 2002
Page 5
have the effect of making the Development disproportionately available to citizens of
some racial groups which are no longer representative of the community's present
racial makeup. For example, if the white /caucasian population of Rosemead
represented a greater percentage of the total City population in 1988 than it does in
1998, a ten -year durational residency requirement would make the Development
disproportionately available to white residents. The eligible applicant pool would
reflect the 1988, not 1998, racial composition of the community. There is a substantial
risk that a court reviewing these facts would find that a lengthy durational residency
requirement has a discriminatory effect and violates the Act. 14
In addition, the racial and ethnic composition of nearby communities can be
used as a basis for challenging a local preference. When reviewing a challenge to
Carlsbad's sixty -day residency requirement for certain government assisted housing, a
California court, in an unreported decision, looked to the ethnic makeup of the
surrounding communities. It denied the Plaintiffs fair housing claim by noting, in part,
that the City of Carlsbad's African American community was not significantly less
diverse that the neighboring cities. 15. Generally, if the market area for a housing
development would normally include surrounding communities and such communities
have substantially fewer minority group residents than Rosemead, the local preference
could be struck down as having a discriminatory effect by lessening the chances for
minority group members to obtain housing. In addition, the City could be liable to the
plaintiffs for damages.
It is our understanding that surrounding communities do not have a
substantially different racial makeup from Rosemead, and therefore, the local
preference should not have a discriminatory effect.
We believe that a short (three to six month) durational residency requirement
would probably not be found to violate the Act. The vulnerability of a requirement
increases as the required residency period lengthens. Shifts in the racial composition
of the City over a few months would generally have no significant effect on the
Development's available applicant pool and serve a legitimate purpose. A court would
therefore be unlikely to find that a short residency requirement had a discriminatory
effect.
14 Courts have applied the following facts in determining whether the practice of the
local government which produces a discriminatory effect in fact violates the Act:
(1) How strong is the plaintiffs showing of discriminatory effect? (2) Is there some
evidence of discriminatory intent? (3) What interest does the local government seek to
protect? (4) Does the plaintiff seek to compel affirmative action by the local
government, or merely restrain the local government from interfering with private
housing providers? Arlington Heights at 1290; Huntington Branch at 933.
15 See Laurent v. City of Carlsbad (S.D. Cal 2002).
610 \01 \157571.1
Donald Wagner,
May 14, 2002
Page 6
Limitation of Tenancv To Citizens
California governmental agencies cannot bar all non - citizens from housing
assisted with HOME funds and low and moderate income housing funds.16
The Personal Responsibility and Work Opportunity Reconciliation Act
( "PRWORA ", also commonly known as "the Welfare Reform Act "), does provide for
state and local governments to bar certain classes of non - citizens from receiving
housing assistance. However, cities seeking to implement the PRWORA restrictions
may expose themselves to legal challenges, find the policies that seek to bar those non-
citizens overturned, and subject themselves to damages claims. In addition, the City
could expose itself to challenges from HUD and the County because of conflicts with
HUD's regulations for the HOME program.
On August 22, 1996, PRWORA became effective. PRWORA prohibits an
alien who is not a "qualified alien" (as defined below) from receiving any federal, state
or local public benefit. The definition of public benefit as it relates to state or local
benefits is extensive and includes "any grant, contract, loan, professional license or
commercial license provided by an agency of the State or local government or by
appropriated funds of a State or local government" and "any retirement, welfare,
health, disability, public or assisted housing, postsecondary education, food assistance,
unemployment benefit, or any other similar benefit for which payments or assistance
are provided to an individual, household, or family eligibility unit by an agency of the
State or local government ... ".17 The definition of federal public benefits is substantially
the same as the above definition. PRWORA includes limited exceptions to the
definition of public benefits for such things as emergency medical care, short term
shelters for the homeless, victims of domestic violence, and runaways and other short-
term, noncash, in -kind emergency disaster relief 18
16 See League of United Latin American Citizens v. Pete Wilson 997 F. Supp 1244,
1254 (1997) (in enacting the Personal Responsibility and Work Opportunity Act
( PRWORA), Congress made it clear that federal government alone would regulate
public benefits to non - citizens).
17 Section 411 of PRWORA
18 The Attorney General is authorized to identify programs, services, and assistance to
which PRWORA's limitations on alien eligibility do not apply. The Attorney General
issued a list of those exceptions and included short term shelter and housing assistance
610101\157571.1
Donald Wagner
May 14, 2002
Page 7
In addition to the Act's prohibition on public benefits to nonqualified aliens,
PRWORA imposes limitations on benefits to qualified aliens. A qualified alien who
enters the United States after the effective date of PRWORA may not be eligible for a
period of five years beginning on the date of the alien's entry in the United States for
most federal means- tested benefits (e.g., benefits for which eligibflity is based on the
income and assets of the potential recipient of the benefit). HUD, however, has stated
that none of its programs fall under the category of federal means - tested benefits.19
"Qualified aliens" who may continue to receive public benefits under
PRWORA are:
(a) lawful permanent residents,
(b) aliens who are granted asylum,
(c) refugees,
(d) parolees admitted for at least one year,
(e) aliens whose deportation is being withheld,
(f) aliens granted conditional entry,
(g) certain Cuban or Haitian entrants, and
(h) certain battered aliens and alien parents of battered children under
certain conditions.
The broad definition of "public benefits" likely means that many subsidized
housing programs may now be available only to United States citizens and qualified
aliens. Additionally, agencies, local governments and housing developers may now be
subject to a requirement to include immigrant verification procedures as a prerequisite
to receive housing assistance.
Analysis — Housing Assisted with HUD HOME Funds
PRWORA requires that the Department of Justice ( "DOJ ") issue regulations
requiring verification for persons applying for a federal public benefit within eighteen
for the homeless, for victims of domestic violence or other criminal activity, and for
treatment of mental illness or substance abuse. See 66 FR 3613 (January 16, 2001).
19 65 FR 49994 (August 16, 2000).
610101X157571.1
Donald Wagner
May 14, 2002
Page 8
(18) months of the adoption of the Act. Proposed regulations were issued in August,
1998. To date, no final rule has been issued by the DOJ. HUD has declined to issue
guidance for the implementation of PRWORA until the DOJ regulations have been
issued. In fact, HUD has stated in the issuance of regulations implementing Section
214 of the Housing and Community Development Act of 1980 (which limits assistance
to unqualified immigrant in some HUD sponsored programs) that entities responsible
for administering I-IUD programs should not implement PRWORA until such time as
HUD has issued regulations.
It is likely the HUD regulations, once published, will include HUD - funded
programs that subsidize affordable housing. PRWORA also contains a grandfather
clause that provides that nonqualified aliens that were receiving assistance from a
HUD- sponsored program prior to August 22, 1996 will continue to be eligible for the
assistance. The proposed DOJ regulations apply this exemption to any assistance
administered by HUD, as long as the alien was receiving the assistance on August 22,
1996.
Analysis -- HCD subsidized housing
In September, 1998, HCD adopted regulations to implement PRWORA but
they were declared premature by the courts and removed from the books.20 HCD
apparently will not issue new regulations regarding agency or state assisted housing.
Analysis — Low and Moderate Income Housing Funds
It appears that the City may implement its own policies concerning PRWORA
and local public benefits. Regulations issued by HUD and HCD could be useful to the
City, but the City would not be bound by the HUD or HCD regulations. If the City
attempts to implement PRWORA, however, it may expose itself to legal challenge.
For example, the City's implementation of PRWORA may be subject to constitutional
challenge. A New York Court of Appeal recently reviewed a New York Medicaid
statute that attempted to restrict benefits to non - qualified aliens per PRWORA. The
court determined that the state's distinction among aliens was subject to and could not
pass strict scrutiny.21 A law will withstand strict scrutiny when it furthers a compelling
state interest by the least restrictive means practically available. It is extraordinarily
difficult and rare for a law to withstand strict scrutiny review. While it is not clear
whether California courts will follow the New York court or if they will use a lower
level of scrutiny, this case demonstrates the continuing controversy over PRWORA
implementation.
20 Mercy Charities Housing California v. Department of Housing and Community
Development, Order Granting Preemptory Writ of Mandate, Superior Court of the
State of California City and County of San Francisco (2000).
21 Aliessa v. Novello, 96 N.Y. 2d 418 (2001).
610101X1 57571.1
Donald Wagner
May 14, 2002
Page 9
Second, if the City implements the ban on public benefits, the ban will require a
major administrative effort to determine whether the documentation presented by
applicants falls within a permitted or prohibited category. In addition, there must be
clear guidance to those implementing the checks to avoid discrimination complaints
based on national origin, for which the Agency and the non -profit developer could be
liable. Among other issues, the City will need to address mixed families. At least one
court has noted that children who are citizens or otherwise qualified aliens deserve the
same protection as citizen adults, even if their parents are non - qualified aliens. 22
Furthermore, if the City's policies deviate from the PRWORA requirements, they will
be subject to equal protection challenges in which the courts will likely subject them to
strict scrutiny review. 23
Finally, if the Agency decides to move forward in implementing PRWORA for
this particular Development, it will need to obtain County concurrence because HOME
money is also being used to fund the Development. The County may object to the
Agency's implementation of PRWORA due to the explicit directive it received from
HUD to avoid implementation until HUD publishes its own rules. Indeed, like HCD, if
the Agency seeks to implement PRWORA rules for the Development, the City, the
Agency and the County could find itself liable for premature implementation. In
addition, the City or Agency could be determined to be liable to repayment of the
HOME funds in the event of a HUD audit.
22 See Lewis v. Thompson, 252 F. 3d 567 (2001).
23 See Kurti v. Maricpoca County, 33 P. 2d 499 (2001)
610 %011157571.1
CO'MMUNITV NEWSLETTER
WASTE
CONTAINER
REMINDER
The City's new automated
waste collection system has been
in operation since May 30 and
most residents agree that the uni-
form look of the new barrels makes
for neater neighborhoods on col-
lection days. The City would like
to remind residents, however, that
Rosemead Municipal Code 5403
states in part that householders
must remove waste containers
from their curbside no later than
8:00 pm on the day of collection.
Cans should not be placed on
curbs before 6:00 pm on the day
preceding collection.
This City Code not only en-
sures a more pleasing appearance
for Rosemead's neighborhoods,
but more importantly ensures that
unstored containers won't interfere
with streetsweepers.
So please, "roll in the barrels"
and help us keep Rosemead's
streets neat and tidy.
COMMUNITY
CENTER SITE PLAN
ANTICIPATED
Plans for Rosemead's eagerly
anticipated new community center
and Senior Citizen housing project
have been conceptualized into a
preliminary site plan which is cur-
rently being reviewed and will be
presented to the City Council for
approval in the near future. In
addition, several matters are being
resolved with the Army Corp of
Engineers as the city seeks approval
to locate a portion of the proposed
parking lot on property controlled
by the Army Corp of Engineers.
Look for further updates on
these projects in future issues of
your Rosemead Resources Commu-
nity Newsletter.
FAU 1997
SUMMER CARNIVAL DRAWS LARGE CROWD
Rosemead Parks and Recreation's Fantasy'n Fun Carnival, held on July 23 at
Rosemead Park, was a great success. This year's theme, "Hands Across
Rosemead" was illustrated by murals from each of the City's parks and play-
grounds. Hundreds of participants enjoyed this annual city wide event fea-
turing carnival booths, entertainment and low priced refreshments.
CARMINE. BAFFO NAMED
.TO TRAFFIC:, COMMISSION
Rosemead City. Council unanimously appointed 12 year
resident Carmine Baffo as the newest.member of the Traffic ...t.:';•
Commission. Serving one yearterms, Mr.. Baffo and his fellow y
commissioners are responsible for providing recommendations..``:'
to the City Council regarding traffic matters.
Concerned primarily'with traffic safety and the convenience
of people traveling in and through the city, members of the
commission serve as the advisory eyes and ears of the Council.
While this is his first "official" position with Rosemead, Mr. Baffo
is no stranger to the concept of volunteering his time and exper-
tise on committees..
"A lot of people helped me along the way. I enjoy giving
back by helping the next person," he commented. He and his
wife Minnie professionally practice helping others - he is a cus-
tomer service representative for Los Angeles Water and Power
customers and she is a volunteer coordinator for Southern Cali-
fornia Gas Company. .
Mr. Baffo fills the seat vacated by Frank Larson last May,
U.S. ARMY HELICOPTER DROPS IN ON ROSEMEAD STUDENTS
Approximately 300 Muscatel
Middle School students with per-
fect attendance and homework
records were recently treated to a
visit by an impressive military fly-
ing machine, a U.S. Army Cobra
Attack helicopter. The visit is part
of Principal Ron Foland's quarterly
good student incentive program.
"It's a very big deal and a lot
of fun for students who have
earned the right to attend the field
assembly," explains Dr. Foland.
Those whose performance did not
qualify them for this quarter's
Homework and Attendance Club,
remained in their classrooms dur-
ing the visit.
Information about the event
and invitations to attend the as-
sembly were sent to the school's
neighbors,
Special reward events are also
planned at the end of the 1 st and
Plans Approved for
New Cornnnunity
Center and Senior
Housing Project
The. Cjty Council has ap-
proved preliminary construe -.
tion plans fora new 20,000 sq,'
ft. multipurpose Community
Center and an adjacent 70 unit
senior housing project located
at 9118 Garvey Avenue lust
east of Rosemead Place. Both
projects are funded with a
combination of voter approved
park bond monies, block grant
and redevelopment funds.
The senior housing project,
similar to the popular units on
Angelus Street, will provide
needed low cost housing facili-
ties, conveniently located to
the new community center.
Facilities are scheduled to be
open by fall, 1999.
GARVEY PARK CLUBHOUSE
GETS ADDITION
The Garvey Park Clubhouse
will be expanded this summer sub - station currently operating in a
from its current 2000 sq. ft. to over trailer at the park.
3500 sq. ft. Plans call for a new Groundbreaking takes place
preschool classroom and facilities in July with completion scheduled
to house the Sheriff's Department by November, 1998. The expan-
sion of the Clubhouse, which will
continue to be used for ESL (En-
glish As A Second Language)
classes and community meeting
rooms, is funded in part by the
Rosemead Redevelopment
Agency and by two Proposi.
tion A (Los Angeles County
f Safe Neighborhood and
Parks Proposition) grants
approved by Los Angeles
County voters in 1992 and
".: again in 1996.
Approximately
$322,000 will be used to enhance
the Clubhouse facility.
A
`COMMUNITY NEWSLETTER
Garvey Ave. Community Center and Senior Citizen
Housing Project Complex Opening September. 2000
,o
ie J ►6w .
�r
FALL 7999
Rosemead's new Community
Center on Garvey Boulevard at 9118, is
scheduled to open in September 2000.
Featuring 26,000 sq.ft. of needed multi-
purpose space for recreation classes,
pre - school and day care facilities, as
well as meeting and activity rooms, the
Center will be much appreciated by res-
idents.
Adjacent to the Center are 72 units
of equally needed senior housing apart-
menu. Each low cost unit will provide
560 sq.ft. of modern living space and
will share outdoor areas with the
Community Center. Shared spaces are
not only cost effective, but allow larger
open space planning, including popular
residential gardening areas for senior
citizens. To check on availability of
these units , please contact the City
Manager's office at (626) 288 -6671.
Public Reviews Valley Boulevard RDA Project
The second community meeting
to discuss the proposed redevelop-
ment plans to improve the econom-
ic and physical conditions along
Valley Boulevard was held recently
at City Hall. The goal of the project,
to create a safer and stronger busi-
ness community, as well as the
adoption process for'the plan was
explained to an attentive audience.
A draft copy of the EIR
(Environmental Impact Review) will
be presented in a third community
meeting in September with a plan
adoption hearing scheduled in
October.
Last September 1998, Council
approved a survey of the designated
area and authorized the commence-
ment of the planning process which
includes public input and
discussion. The survey area totals
152 acres and 278 predominantly
commercially zoned parcels and 15
residential and mixed -use parcels of
approximately 32 housing units.
Property owners, business tenants,
residents and community organiza-
tions must be involved in the
process of forming an RDA project
which restructures property tax
allocations to the City and other
public agencies serving residents.
The RDA project, however, does
not increase the total property tax
burden to the land owner.
Identifying RDA projects in order to
assist areas needing improvements
is a tool cities may use to increase
the value of properties that have
become run down.
To receive more information
about the area and proposed
improvements, please call Peter
Lyons, Director of Planning at (626)
288 -6671.
State Senator Hilda `Solis Steers
Skate Funds Toward Center
State Senator for the 24th District, Hilda Solis, budgeted 5200,000 in
financial support for the completion of Rosemead's new community center.
(see above article) Noting the value to City residents she said, "I am
pleased that I was able to secure funding for the Garvey Community
Center in Rosemead. This center will provide a wide range of activities for
residents of all ages — from children to our seniors. It's so important that
people have a place to go where there are things to do. The Garvey
Community Center will be a great asset for the people in Rosemead.
Community Newsletter and Recreation Program
U f M
SUMMER -2001
CONSTRUeT�1ON
B"E C'.Ii N 5 O N J Wj
CORM M'UN I TY
CEN'TE'-AND
C102 Mi
LO
EIM(OUABODS Volts t.. 5 ' n ?T 35 3+ 3 G0M @4 R 05 Q @)
V Vhe City of Rosemead recentlyhon-
ored Marilyn Keiper for her endur-
ing legacy and accomplishments
in the education field. Mrs. Keiper began
teaching 45 years ago at Mildred B.
Janson Elementary School and has taught
in the same classroom her entire career,
where she has.selflessly dedicated herself
nurturing and educating generation after
generation of Rosemead children. _
Keiper, the Los Angeles County
Teacher of the Year in 1983 -84, said the
school and community have remained
family oriented throughout the years.
She now takes pride in teaching the
grandchildren of some of her first
students.'
consolidated Service will continue to conduct quarterly bulky item pick -ups
r on July 22 -26, and October 21 -25, 2002. During these periods, large and
bulky items can be placed curbside on the normal residential refuse col-
lection day and picked up at no charge. Bulky items include: appliances, dish-
washers, TVs, couches, chairs, mattresses, tables, stoves, water heaters,
refrigerators (door must be removed for safety reasons), carpet (cut and tied 4
feet lengths, not to exceed 50 Ibs.). For more information about bulky item ser-
vices, call Consolidated Services toll free at 1 -888- 339 -3723.
®�0 I
emorial Day will be observed on Monday, May 27th with a ceremony
Mat the .Vietnam Veterans' Memorial located in City Hall Plaza at 8838 E.
J Valley Blvd. The ceremony, which is in remembrance of American sol-
diers who fought and died in service of their country, will begin at 10:00 a.m.
Council, reorganized on April'8th with'outgoioc
Aerial passing the gavel to Bob Bruesch, who will'
for -the next twelve months. The Council'also` elect
Pro Tem. Representatives from state and local.age
of community -based organizations and businesses,.
Mayor.Pro Tem Vasquez and Councilmembers Cla
g outgoing yo
Mar Imperial for his leaae'rship dunni
There are currently over 500. _
names I on the Senior Housing
waiting list.
For more information, please
call Administration at 1- 626 -569-
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