policies
Policy of Nondiscrimination on the Basis of Disability/Handicap Status
The Housing Authority of Yamhill County (HAYC) complies with the Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA). HAYC will comply with any legislation and implementing rules and regulations protecting the individual rights of tenants, applicants, and/or staff that may subsequently be enacted.
The Fair Housing Amendments Act states, in part: “It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and private use areas.”
Section 504 of the Rehabilitation Act of 1973 (as amended) prohibits federally funded programs and activities from discriminating against qualified persons with disabilities. Specifically, Section 504 states: “No otherwise qualified handicapped individual in the United States...shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance, or under any program or activity conducted by an executive agency or by the United States Postal Service.”
Title II of the Americans with Disabilities Act (ADA) and the regulations implementing that title extend the protection of Section 504 to all activities of “public entities,” state and local governments, regardless of whether they receive federal funding.
Complaints, questions, and comments should be directed to:
Megan Ramos
504/ADA COORDINATOR
135 NE DUNN PLACE, MCMINNVILLE, OREGON 97128
(503) 883-4300 | 1-888-434-6571 | FAX: 503-472-4376 | TTY: 1-800-735-2900
The person listed above has been designated to coordinate the Agency’s compliance with the non-discrimination requirements of Section 504 of the Rehabilitation Act of 1973 and with the Americans with Disabilities Act.
section 8 administrative plan
INTRODUCTION
The authority for PHA policies is derived from many sources. Primary among these sources are federal statutes, federal regulations, and guidance issued by HUD. State law also directs PHA policy. State law must be followed where such law exists and does not conflict with federal regulations. Industry practice may also be used to develop policy as long as it does not conflict with federal requirements or prohibitions.
HUD
HUD provides the primary source of PHA policy through federal regulations, HUD notices, and handbooks. Compliance with federal regulations, current HUD notices, and current HUD handbooks is mandatory. HUD also provides guidance to PHAs through other means such as HUD-published guidebooks, expired HUD notices, and expired handbooks. Basing PHA policy on HUD guidance is optional, as long as PHA policies comply with federal law, federal regulations and mandatory policy. Because HUD has already determined that the guidance it provides is consistent with mandatory policies, PHA reliance on HUD guidance provides the PHA with a “safe harbor.” Material posted on the HUD website can provide further clarification of HUD policies. For example, FAQs on the HUD website can provide direction on the application of federal regulations in various aspects of the program.
STATE LAW
Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists. Where state law is more restrictive than federal law, but does not conflict with it, the PHA should follow the state law.
INDUSTRY PRACTICE
Where no law or HUD authority exists on a particular subject, industry practice may support PHA policy. Industry practice refers to a way of doing things or a policy that has been adopted by a majority of PHAs.
RESOURCES CITED IN THE MODEL ADMINISTRATIVE PLAN
The model administrative plan cites several documents. Where a document or resource is cited frequently, it may be abbreviated. Where it is cited only once or twice, the model administrative plan may contain the entire name of the document or resource. Following is a key to abbreviations used for various sources that are frequently cited in the administrative plan and a list of references and document locations that are referenced in the model administrative plan or that may be helpful to you.
PROCUREMENT policy
OBJECTIVE: This Procurement Policy is established to ensure that purchases will be made using sound management principles. When specific funding source requires more restrictive thresholds, those will apply. Procurement procedures conform to applicable State, local, and Federal statutes.
CONTRACT ADMINISTRATION: The Executive Director or his/her authorized agent shall act as Contract Administrator and for contracts governed by ORS Chapter 279A, 279B and 279C shall act as the Contracting officer for contracts below the sum of $100,000.00 (for all other contracts the Board shall act as the Contracting Officer), and shall review all proposed procurements. The Executive Director, the specific Director responsible for the items or services being procured, and the member of the accounting staff posting any procurement payment, shall monitor all purchases.
PROCUREMENT: This Policy is designed to describe purchases in the following methods:
1. Small Purchases Under $25,000
2. Informal Bid Purchases from 25,000 to $100,000
3. Competitive Proposals – Purchases Over $100,000
4. Non-competitive, Single Source Purchases
5. Capital Improvement Purchases Subject to Applicable State Procurement Laws
Proposed procurement will be reviewed by the Contract Administrator or a designee who shall ensure that procurement requirements are subject to an annual planning process to ensure efficient and economical purchasing and the purchase of unnecessary or duplicate items is avoided.
Policy Dated: August 25, 2020 Approved by the Board of Commissioners on August 25, 2020.
policy on reasonable accommodation
section 504
INTRODUCTION
HAYC complies with Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988), Executive Order 11063, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Titles II and III of the Americans with Disabilities Act. HAYC will comply with any legislation and implementing rules and regulations, protecting the individual rights of residents, applicants, or staff that may subsequently be enacted.
Section 504 stipulates that “no otherwise qualified individual with disabilities in the United States...shall solely by reason of the disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activities receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.” The Fair Housing Amendments Act regulations state “It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and private use areas.” Title II of the Americans with Disabilities Act and the regulations implementing that title extend the protection of Section 504 to all activities of “public entities”, state and local governments, regardless of whether they receive federal funding.
The definition of a person with disabilities for purposes of nondiscrimination is a person who:
Has a physical or mental impairment that substantially limits one or more major life activities; or
Has a record of such impairments; or
Is regarded as having such an impairment.
The physical or mental impairment includes almost any condition, disease, illness, disfigurement or disorder (e.g., alcoholism, AIDS, emotional disorder, mental retardation, cerebral palsy, cancer, deafness, or HIV infection) if the impairment substantially limits one or more major life activities. Major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning and working. This is not an exhaustive list; other life activities can also be major.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-5000
OFFICE OF PUBLIC AND INDIAN HOUSING
______________________________________________________________________________
Special Attention of: Notice PIH-2018-23
Public Housing Agencies
Public Housing Hub Directors Issued: November 26, 2018
Public Housing Program Center Directors
Regional and Field Office Directors This notice remains in effect until
Resident Management Corporations amended, superseded or rescinded
______________________________________________________________________________
Subject: Public Housing Operating Subsidy Eligibility Calculations for Calendar Year (CY)
2019
1. Purpose.
This notice provides public housing agencies (PHAs) with instructions for calculating Operating
Fund (OpFund) subsidy for CY 2019 and establishes submission deadlines.