HomeMy WebLinkAboutMINUTES - 01141997 - C105 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Richard J. Martinez,Executive Director
DATE: January 7, 1997
SUBJECT: "ONE STRIKE&YOU'RE OUT"POLICY STATEMENT
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
ADOPT Resolution No. 3796 approving the"One Strike&You're Out"Policy Statement of the Housing Authority of
the County of Contra Costa and AUTHORIZE execution of the statement by the Executive Director of the Housing Authority as
mandated by the Department of Housing and Urban Development(HUD).
II. FINANCIAL IMPACT:
None.
III. REASONS FOR RECOMMENDATIONBACKGROUND
The Department of Housing and Urban Development(HUD)has mandated that Housing Authorities adopt a"One
Strike and You're Out"policy for residents of public housing in the Federal Register dated September 6, 1996,making the final
rule effective October 7, 1996. On March 28, 1996,President Clinton announced a"One Strike and You're Out"policy for
public housing residents and signed into law the"Housing Opportunity Program Extension Act of 1996,"providing additional
authority to PHAs in the areas of screening,lease enforcement,and eviction in order to help PHAs fight crime in public housing
communities. The policy will enhance the ability and related efforts of PHAs to develop and enforce stricter screening and
eviction policies as a part of their anti-drug and anti-crime initiatives.
The 1996"Extender Act"gives PHAs new authority to deny occupancy on the basis of illegal use of a controlled substance or
alcohol abuse when such use or abuse leads to behavior that threatens the health,safety or right to peaceful enjoyment of the
premises by other residents.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to adopt Resolution No. 3796,the Housing Authority would not be in
compliance with the HUD mandate to adopt a"One Strike and You're Out"policy.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF COMMISSIONERS
/ I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED u _ 14 , 19`97
IL BATCHffLOR, CLERk OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
B ,DEPUTY
bo-acc
THE BOARD OF COMMISSIONERS
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
RESOLUTION NO. 3796
RESOLUTION ADOPTING THE"ONE STRIKE AND YOU'RE OUT"POLICY
AND AUTHORIZING EXECUTION BY THE EXECUTIVE DIRECTOR
OF THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
WHEREAS,the U. S. Department of Housing&Urban Development has established
requirements for a"One Strike and You're Out"policy for Public Housing
Authorities(PIH Notice 96-52); and
WHEREAS, President Clinton signed into law the "Housing Opportunity Program
Extension Act of 1996", providing additional authority to PHAs in the areas
of screening, lease enforcement, and eviction in order to help PHAs fight
crime in public housing,
NOW, THEREFORE,BE IT RESOLVED THAT THE BOARD OF
COMMISSIONERS of the Housing Authority of the County of Contra
Costa hereby adopts the attached"One Strike and You're Out Policy".
PASSED AND ADOPTED ON January 14, 1997 by the
following vote of the Commissioners.
AYES: Commissioners Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
I HaU :C '1FY M'IRIS IS A
`TRUE AND Ga4E ' COPS'OF AN
ACI1CN TARN AND Eq= CN'IRE
MD UIE OF UE BCABD OF
GINISSIGNIRS CN'RE DAZE 5LW.
ATIJa� 14, 1997
ML TIE I� W OFSIO aZS
AND COUNTY ADI1NISMAIM
HOUSING AUTHORITY
of the
COUNTY OF CONTRA COSTA
3133 Estudillo Street • P.O. Box 2759 • Martinez, California 94553
Central Administration • (510)372-0791 • FAX(510)372-0236
ONE STRIKE POLICY
In order to comply with the federal "One Strike and You're Out"
Policy and "Housing Opportunity Program Extension Act of 1996",
the Housing Authority is modifying its screening, lease enforcement
and eviction policies. The current Policy and Procedure Manual
governing Screening and Tenant Selection for Public Housing
(Section I F 2 c) will be amended as follows:
The Housing Authority will screen out and deny admission to a
public housing applicant who:
1. Has a recent history of criminal activity involving crimes to
persons or property and/or other criminal acts that affect the
health, safety, or right to peaceful enjoyment of the premises by
other residents.
2. Was evicted from assisted housing within three years of the
projected date of admission because of drug-related criminal
activity.
3. The Housing Authority determines an applicant is illegally using
a controlled substance.
4. The Housing Authority has reasonable cause to believe an
applicant illegally uses a controlled substance or abuses alcohol
in a way that may interfere with the health, safety, or right to
peaceful enjoyment of the premises by other residents.