[Adopted 3-12-2001 by Ord. No. 708 (Secs.
2-81 to 2-87 of the 1993 Code)]
In accordance with R.I.G.L. §§ 45-25-18.2
and 45-26-7, there is hereby created the East Greenwich Board of Tenants'
Affairs.
A.
The Board shall consist of eight persons. One-half
of the members shall be elected from among the tenants occupying housing
projects. Each housing project shall elect two representatives. The
remaining members of the Board shall be appointed by the Town Council
from residents of the neighborhoods in which the projects are located.
The members of the Town Council and the senator and representative
representing the housing project shall be notified of and may attend
all Board meetings.
B.
The terms of all members shall be for two years, and
no person shall serve more than two consecutive terms. All those members
first appointed by the Town Council shall serve terms of one year,
and all those members first elected shall serve terms of two years.
Thereafter, the term of office for all members, whether appointed
or elected, shall be two years; provided, however, that should an
elected member cease to be a resident of the housing project or should
a neighborhood member cease to reside in the neighborhood, that member
shall be deemed to have vacated his or her seat.
The Board shall be organized initially by the
members appointed by the Town Council. Elections of tenant members
shall be completed and the first organizational meeting held within
90 days after passage of this article. The Board shall meet thereafter
not less than once each month and at such other times as the demands
of business require. The Board shall adopt its own rules of procedure,
shall keep a record of its proceedings, and shall comply with R.I.G.L.
§ 42-46-1 et seq. A majority of the members shall constitute
a quorum for the transaction of business. Clerical and secretarial
staff shall be supplied by the Town Housing Authority.
The Town shall pay compensation to the members
of the Board, which shall be a reasonable per-diem allowance as determined
by the Town Council for each day that the Board is in session. Sums
paid the representatives from the housing projects shall not be counted
as income for purposes of determining continuing eligibility for occupancy.
A.
The Board shall:
(1)
Advise the Housing Authority on matters concerning
the general welfare of the tenants of housing projects and facilities.
(2)
Review and veto rules of the Housing Authority promulgated
in accord with R.I.G.L. § 45-25-18.1 prior to publication.
(3)
Meet on a regular basis with available federal, state
and local government officials or their representatives to propose
and develop specific legislation designed to alleviate the problems
of those tenants living on fixed or limited incomes, and to transmit
all proposals to the appropriate government representatives for consideration.
B.
Final determinations reached on matters heard by way
of review shall be binding on the Housing Authority.
C.
The power of review and veto shall be exercised by
a two-thirds majority of those present and voting.
A.
The tenant or applicant affected shall have a right
to a hearing and review by the Board where a determination is made
by the project management or by the Housing Authority:
B.
The tenant or applicant shall be given written notice
of any determination affecting his or her status, and the reasons
therefor, and notice of his or her right to a hearing, and within
seven days of delivery of the notice, the tenant or occupant may petition
the Board, in writing, for a hearing and review. Upon receiving that
petition, the Board shall set a date for the hearing and shall inform
the tenant or applicant of the date, time and place of the hearing.
C.
If the tenant or applicant fails to petition for a
hearing within seven days, he or she will be held to have waived his
or her right to the hearing, but he or she will not be held to have
waived his or her right to contest the propriety of the Housing Authority's
action in any later court proceeding.
D.
The tenant or applicant shall be entitled to a fair
hearing before the Board and shall have the right to be represented
by counsel.
If a decision to terminate a right of use and
occupation is upheld by the Board upon review, an action to regain
possession of the premises shall not be brought thereafter until the
right of use and occupation has been terminated by lawful notice.
If an action to regain possession of the premises is brought by the
Housing Authority, the tenant shall have a right to a trial de novo
on the issue of whether there was just cause to terminate the tenant's
right of use and occupancy.
