Section 0770-01-05-.32 - RESIDENT ADVISORY BOARD (24 C.F.R. 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;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; and7. 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, 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; or6. The Resident Board Member fails to meet any requirement for continued participation in the THDA's HCV Program; and7. 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. 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.Tenn. Comp. R. & Regs. 0770-01-05-.32
Original rule filed May 16, 1980; effective June 30, 1980. Repeal filed September 28, 2004; effective December 12, 2004. Repeal and new rule filed June 4, 2015; effective September 2, 2015. Amendments filed October 5, 2018; effective 1/3/2019.Authority: T.C.A. §§ 13-23-104, 13-23-115(18), 42 U.S.C. §§ 1437, and 24 C.F.R., Part 982.