0770-01-05-.32
Resident Advisory Board (24 C.F.R
Cite as Tenn. Comp. R. & Regs. 0770-01-05-.32
964).
(1)
Resident Advisory Board. The THDA will maintain a Resident Advisory Board for the Housing
Choice Voucher Program.
(a)
Resident Participation (24 C.F.R. 964.11). HCV Program participants have a right to
serve on a Resident Advisory Board to represent their interests. The THDA’s Resident
Advisory Board is composed of active HCV participants who provide supportive
assistance to HCV personnel.
(b)
Resident Organization Partnership (24 C.F.R. 964.14). The THDA is in partnership with
the members of the Resident Advisory Board (RAB), formalized by a written
Memorandum of Agreement that identifies the mission of the RAB, the goals of the
RAB and the board procedures for meeting. All board members must sign the
Memorandum of Agreement.
(c)
The THDA Role in Working with the Resident Advisory Board (24 C.F.R. 964.18;
964.150). The THDA officially recognizes the voluntary Resident Advisory Board (RAB)
as the sole representative of the HCV participants it represents and supports its
resident participation activities. The THDA assists the RAB in setting up annual
meetings, providing assistance with mail-outs and data availability, providing
reimbursement of travel, meals and lodging expenses when necessary, and organizing
the annual selection of voluntary members to the Board. The THDA will provide the
office space necessary for meetings. However, the THDA does not provide any
monetary stipends to the members of the Resident Advisory Board for these volunteer
services.
(d)
Goals and Activities of the Resident Advisory Board. The goal of the Resident Advisory
Board is that, through the direct participation of HCV residents, the overall quality of life
for all HCV participants may be positively affected and the delivery of HCV services
enhanced.
(e)
RAB Activities. The Board activities include the following:
1.
Review and develop recommendations for the THDA Annual Plan;
2.
Generate ideas for the development of the THDA Five-Year Plan;
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3.
Provide ideas and information for the THDA efforts in converting Section 8
Project- Based Developments to Housing Choice Voucher assistance;
4.
Review and make recommendations on HCV public awareness efforts including
owner and applicant recruitment;
5.
Review HCV Administrative Procedures Manual for consumer feedback;
6.
Provide information via newsletter to the HCV program participants; and
7.
Elect Resident Board of Directors Members.
(f)
Membership Recruitment and Selection. The Resident Advisory Board consists of a
maximum of fifteen (15) members. Membership is generated by a mass mailing to all
HCV program participants on an annual basis. Program participants may volunteer for
the RAB if they are currently in good standing with the THDA, which means the
participant does not have any termination proceedings pending or a history of program
family obligation violations. If more than fifteen (15) persons volunteer for the Board,
the THDA will utilize a random selection process that proportionately represents the
East, West, and Middle divisions of the state.
(g)
Term. Each Board Member serves for a one-year period and may volunteer for
additional consecutive or non-consecutive terms of service. In the event that a current
Board Member discontinues the HCV rental assistance or is terminated from the HCV
program, the participant immediately forfeits the right to serve on the Board in any
capacity.
(h)
RAB Chairperson. It is the sole decision of the RAB as to the selection of the Board
Chairperson. The Chairperson’s role, if utilized by the Board, is to conduct meetings,
solicit member input and record minutes of each meeting.
(2)
Resident Board Member (24 C.F.R. Part 964, Subpart E). To the extent required in Section
2(b) of the United States Housing Act of 1937, as amended by Section 505 of the Quality
Housing and Work Responsibility Act of 1998 (collectively, the “Act”) and regulations
promulgated by HUD at 24 C.F.R. Part 964, Subpart E (the “Regulations”) and as specified in
the Public Housing Authority Plan, the THDA Board of Directors (the “THDA Board”) will
include one eligible resident board member (the “Resident Board Member”). A Resident
Board Member may serve on the THDA Board only in strict compliance with the THDA
Administrative Plan.
(a)
Eligibility. To be eligible as the THDA’s Resident Board Member under this
Administrative Plan, a person must be an eligible resident as defined in 24 C.F.R.
Section 964.410, a citizen of Tennessee, and must not hold public office. A person who
meets these requirements must then be selected by the THDA Resident Advisory
Board and screened by the THDA. Finally, the person must be selected by the
Governor and must meet the eligibility requirements throughout the Resident Board
Member term.
(b)
Resident Board Member Attendance. The Resident Board Member shall attend all
meetings of the THDA Board at which matters related to the administration, operation
and management of the THDA’s HCV tenant-based rental assistance programs appear
on the THDA Board’s agenda. The Resident Board Member may attend any other
meetings of the THDA Board.
(c)
Resident Board Member Term. A Resident Board Member may serve no more than
one (1) term of four (4) years, which term will commence on the date of selection,
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subject to the requirements herein. A term expires earlier upon the occurrence of any
one of the following events:
1.
The Resident Board Member resigns;
2.
The Resident Board Member is no longer an eligible resident as defined in 24
C.F.R. Section 964.410;
3.
The Resident Board Member no longer meets other eligibility requirements;
4.
The Resident Board Member is removed for misfeasance, malfeasance, or willful
neglect of duty;
5.
The Resident Board Member is removed due to absence from any meeting of the
THDA Board during any twelve (12) month period at which a matter related to the
administration, operation, and management of the THDA’s HCV program is on
the THDA Board’s agenda, upon certification of such fact to the Governor by the
Secretary of the THDA; or
6.
The Resident Board Member fails to meet any requirement for continued
participation in the THDA’s HCV Program; and
7.
If the THDA terminates HCV rental assistance to the Resident Board Member,
the Resident Board Member’s term will expire on the earliest effective date of
such termination and no subsequent appeals of the termination determination will
continue or extend the Resident Board Member’s term.
8.
If the term of a Resident Board Member ends or expires for any reason, the
position will remain vacant until it is filled in accordance with the procedures
described below.
(d)
Oath. The Resident Board Member shall take an oath of office to administer the duties
of the Resident Board Member’s office faithfully and impartially, and a record of such
oath will be filed with the office of the Secretary of State.
(e)
Membership Status. The Resident Board Member is a full member of the THDA Board
with all of the rights, duties, obligations, responsibilities and liabilities appurtenant
thereto, except as described in “Resident Board Member Participation” below.
(f)
Resident Board Member Participation. The Resident Board Member shall take part and
vote in the decisions of the THDA Board related to the administration, operation and
management of the THDA’s HCV tenant-based rental assistance programs. The
Resident Board Member shall not take part or vote in any other matters of the THDA
Board.
(g)
Compensation. The Resident Board Member shall receive no compensation for
services or for missed work, but shall receive reimbursement for travel expenses in the
performance of official duties as a member of the THDA Board, in accordance with
comprehensive travel regulations as promulgated by the State of Tennessee.
(h)
Conflict of Interest. As required in 24 C.F.R. Section 964.430(c), the status of a
Resident Board Member as a participant in the THDA administered HCV tenant-based
rental assistance program does not constitute a conflict of interest, except when the
matter under consideration is clearly and uniquely applicable to the Resident Board
Member in their personal capacity and is not generally applicable to all or a sub-group
of participants in the THDA administered HCV tenant-based rental assistance program.
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The Resident Board Member shall disclose all conflicts of interest in the same manner
and based on the same standard (as described in T.C.A. § 13-23-128 and the THDA
Board Policy) as applicable to other THDA Board members.
(i)
Resident Board Member Selection. The THDA Resident Advisory Board, shall, at a
regularly scheduled meeting, elect up to five eligible persons, one of whom will become
the Resident Board Member. The persons elected by the THDA Resident Advisory
Board will be screened by the THDA to determine whether they are eligible residents
as defined in 24 C.F.R. Section 964.410. The name of each eligible person elected by
the THDA Resident Advisory Board and whether they meet the other specific
requirements specified will be forwarded by the THDA to the Governor. The Governor
shall select a Resident Board Member from the persons so identified by the THDA
Resident Advisory Board election and the THDA screening. If none of the persons
elected by the THDA Resident Advisory Board meet all eligibility requirements, none of
the names will be forwarded to the Governor. At the next regularly scheduled meeting
of the THDA Resident Advisory Board, the process described will be repeated until a
Resident Board Member is duly selected. If the THDA Resident Advisory Board fails to
elect any eligible person, then the requirements of 24 C.F.R. Section 964.425(a) and
24 C.F.R. Section 964.425(b) shall be deemed to be met.
(j)
Quorum. The appointment of a Resident Board Member does not modify, or affect in
any way, quorum or voting requirements specified in T.C.A. § 13-23-110 or in the
THDA by-laws, as adopted or amended from time to time.