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MINUTES - 11142006 - D.5
TO: BOARD' OF COMMISSIONERS Housing FROM: Rudy Tamayo Authority of Executive Director Contra Costa affordable housing solutions County DATE: November 14, 2006 SUBJECT: Reportto the Board; Section 8 Program and the City of Antioch SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ACCEPT report of the Section 8 Housing Choice Voucher Program within the City of Antioch. FINANCIAL IMPACT: This report is for informational purposes only and has no fiscal impact. BACKGROUND On September 26, 2006 the',Board of Commissioners accepted the report on Section 8 Housing Choice Voucher(HCV) issues in the City of Antioch (City). The Board further directed a follow-up report to respond to their queries regarding the Section 8 program and address those concerns and issues raised by the various city council members of the City of Antioch. Your Board directed that a follow up report take into consideration the distribution of the HCV throughout the County, portability component of the HCV program, and, the process for ending participation of residents from the HCV program. The City Council and some citizens had concerns that the Housing Authority was not responsive to the Antioch citizenry; there is a disproportionate number of HCV households,;in the City; some Section 8 recipients are renting in affluent neighborhoods; their behavior patterns are disruptive; and, they bring crime, drugs, and disorder to the neighborhood. Furthermore, they shouldn't be allowed torrent in neighborhoods with high home values. The Section 8 Experience.' The Quality Housing and Work Responsibility Act(QHWRA) enacted the Section 8 Housing Choice Voucher Program (HCV) in 1998, which was a merger of the Section 8 Certificate and Voucher programs. Title 24of the Code of Federal Regulations Parts 982 et al (24CFR) is the current regulations for the Section 8'�HCV. The Housing Authority has a contract with the U. S. Department of Housing and Urban Development (HUD)to administer 6,781 vouchers. Within Contra Costa County the Section 8 HCV Program has a history of successful program implementation. Housing choice is at the core of the mission of the Section 8 HCV Programs It expands opportunities for participants, especially working households, to make real choices and decisions about where to live, improve their quality of life, and to avail themselves of other socio-economic opportunities in other communities. HUD encourages housing authorities to promote mobility and deconcentration of poverty among Section 8 recipients. Minority households, families with children, the elderly and disabled have been successful in the private market over the past few years in finding a home or apartment to qualify for the program, however Section 8 clustering is still prevalent within the County. In Contra Costa County mobility and deconcentration becomes extremely difficult given contradictory HUD program requirements and the market conditions of the various communities. ecent reforms, e.g., CONTINUED ON ATTACHMENT: X YES SIGNATURE: 4RUTA4MA�Y EXE UTIVE DIR4 R RECOMMENDATION OFICOUNTY ADMINISTRATOR RECOMMENDATION OF B RD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON \ I 1 mob`p APPROVED AS RECOMMENDED OTHER C'PugLIL G°N`"^�"� M14'r�K�ALSI CoNTtNuEP To i1/ps-/p(Q su6µ� Eo '81/ -n,A J SdAhAd J VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. UNANIMOUS(ABSENT 'b�S�NI'Z� � ) AYES: NOES: ABSENT: ABSTAIN: Contact: Judy Hayes,957-8028 Cc: County Administration ATTESTED C�o Auditor-Controller JOHNUL LERK OF THE BOARD OF COMMISSIONERS B �_ DEPUTY Board of Commissioners November 14, 2006 Page 2 of 5 QHWRA, require housing authorities to target 75% of their Section 8 assistance to households with incomes below 30% of area;median and prohibit recipients from contributing more than 40% of their income toward rent. The Fair Market Rent(FMR) level, which is discussed later in the report, coupled with the above reforms do not provide the flexibility to expand access to desirable neighborhoods. Market conditions may have expanded opportunity housing in some communities but have also limited affordable housing opportunities in others. The FMRs are low relative to market rents in more affluent or desirable neighborhoods, Section 8 recipients are excluded from those neighborhoods since they cannot contribute more than 40% of their income to make the difference; and/or there are effectively excluded by the absence of moderate cost rental housing. Within the City of Antioch the market rents provide opportunity housing for many Section 8 recipients not available in other communities. The Section 8 Program and Deconcentration. The federal regulations, 24CFR 982.54(d)(5)are specifically tailored to furthe"r HUD's policy of poverty deconcentration. These policies provide Section 8 HCV households the ability to move from neighborhoods of concentrated poor households to more affluent communities with low concentrations of poverty. In addition, the portability or mobility feature of a Section 8 voucher allows a participating household from another housing authority the ability to rent a unit within our jurisdiction. This Housing Authority then administers the incoming portability voucher. Under the portability feature,,a voucher holder or participating family has the right to receive tenant-based voucher assistance to lease a unit outside the initial PHA jurisdiction. They can go anywhere in the United States within a jurisdiction that administers the Section 8 HCV Program. It should be noted that the report provided on September 26th to your Board stated that the 1,470 vouchers within the City of Antioch included portable vouchers from other jurisdictions. Attachment 1 providesa brief outline of the HCV Program portability feature. Deconcentration of poverty Chas also fueled the debate centering on modest priced housing which is a function of HUD's Fair Market Rents (FMRs) by bedroom size for this metropolitan statistical area (MSA). The Housing Authority's payment standards, as reported on September 26th to your Board, are based on these FMRs. Currently HUD's formula for calculating FMRs is set at the 40th percentile of units in the market. HUD reflects changes in market conditions by adjusting this calculation each year. A Section 8 household can live anywhere in the County or country if the rent is within the FMRs and it is reasonable for the area as determined by the rental market conditions. Market selling value is not,part of the equation for calculating modest priced rental housing. Current 11 rental market conditions exist within the City of Antioch that provide opportunity housing to Section 8 recipients to reside within communities that have low concentrations of poverty, a primary goal of the Section 8 HCV Program. How does the number of Section 8 households in the City, 1,470, compare to the number of Section 8 households in other cities of communities within the County?The following table indicates that the City of Antioch has the third largest percentage of Section 8 participants to total number of household units as compared to some other cities in the County. The growth of about 4,000 multi-family and single-family units in a five-year period provided a significant change to the housing market conditions within the City. These housing market conditions coupled with the lower rents have made rental housing, especially for single-familyllhomes, more accessible to Section 8 recipients. In over two and a half years about 400 Section 8 'recipients relocated to the City. Section 8 Vouchers In Other Areas of the County City Housing Estimates as of January 1, 2006 (Official State Estimates # of Housing Units) City # Housing # Sec 8 % of Hsng Units Vouchers Units NTIOCH 33,633 1470 4.37% BRENTWOOD 15,494 246 1.59% CLAYTON 3,988 4 0.10% CONCORD ' 46,289 1252 2.70% DANVILLE 15,637 16 0.10% HERCULES 8,017 229 2.86% LAFAYETTE 9,455 57 0.60% MARTINEZ ' 14,922 345 2.31% OAKLEY 9,030 150 1.66% * PITTSBURG 20,34,21 948 4.66% PLEASANT(HILL 14,3201 220 1.54% Board of Commissioners November 14, 2006 Page 3of5 .RICHMOND 37,656 15601 4.14% SAN PABLO 9,666 757 7.83% SAN RAMON 20,903 82 0.39% WALNUT CREEK 32,2671 301 0.93% Source: #of Housing Units is CA Dept. of Finance * Pittsburg has absorbed all HACCC vouchers *" Richmond has absorbed all HACCC vouchers It should be noted that those areas with low Section 8 participation have a limited number of affordable rental housing units available and/or rents for the area exceed the FMR or Housing Payment Standard rent structure. The Housing Authority is researching and gathering available data to determine this number. Terminating Family Participation from the Section 8 Program. Termination of Family Assistance is a result of i family's action or failure to act in accordance with the federal regulations. Attachment 2 outlines the jHousing Authority's responsibilities for the Section 8 HCV program. The Housing Authority is mandated to terminate assistance to a family for any of the following reasons: ❑ If the family has been evicted for serious violations of the lease.(See Attachment 3) ❑ If any member of the family fails to sign and submit consent forms for obtaining information in accordance with program regulations. ❑ If a family member does not establish citizenship or eligible immigration status. ❑ If the Housing Authority determines that any member of the household has ever been convicted of drug related criminal activity for the manufacture or production of methamphetamine. (24CFR 982(b)(n(ii) The Housing Authority may terminate assistance to a family for other reasons including if a family or any member violates any family obligation or if the family or any member has been engaged in drug related or criminal activity. Attachment 4 is a listing of the family obligations. Termination of tenancy is a result of the property owner evicting the tenant or terminating the lease for lease violations. The property owner completes evictions for lease violations. Upon notification that a Section 8 participant's tenancy is terminated for lease violations the Housing Authority also terminates the family assistance. Attachment 5 is listing of obligations of the property owner. Since the Housing Authority is not a party to the lease, there is no legal requirement for the Housing Authority to terminate tenancy for serious lease violations. However, the Housing Authority will provide assistance to property owners to assist in the termination of tenancy if requested by the property owner. In all terminations from the Section 8 HCV Program the Housing Authority must provide program participants with the opportunity for an informal hearing to consider whether certain Housing Authority decisions are in accordance with the law, HUD regulations, and Housing Authority Policies. Attachment 6 is the Informal Hearing process outlined in the Housing Authority's Section 8 Administrative Plan as approved by HUD. Terminations can take from thirty days to three months or longer depending on the tenacity of the participants' attorney. In many cases involving drug related or violent criminal activity the Section 8 recipient does not request a hearing. In some cases they do go to hearing and are later appealed through the court system for adjudication. Housing Authority Actions Within The City of Antioch. The Housing Authority met with City officials on October 25, 2006 to develop a stronger working partnership to mitigate blight, crime, and other quality of life issues related to Section 8 participants. The City has created a Community Action Team (C.A.T.) that consists',of four officers. As explained by the City: ❑ These are specially trained patrol officers who report concerns encountered while on duty. ❑ Carry "door hangers" that are used in problem areas asking neighbors to report neighborhood concerns. ❑ The C.A.T. takes the lead on all Section 8 cases and investigate issues including criminal activity and disregard of Section 8 criteria. Cases are developed, documented and turned over to the Housing,Authority for follow through and disposition. ❑ The City stated that approximately 60% of C.A.T. caseload is Section 8 housing issues. The Housing Authority is making every effort to work with the City staff to assist in addressing their major concerns as it relates to the Section 8 HCV program and its impact on the.City's quality of life issues. The efforts expected by the City include: • Follow through is needed on all cases referred to the Housing Authority. The Housing Authority does investigate all referrals made by the City and its residents. Board of Commissioners November 14, 2006 Page 4 of 5 However, most referrals are made by the C.A.T. and follow-up reports on Housing Authority action are generally handled by an exchange of monthly reports between the Antioch Chief of Police and the Housing Authority Director of Assisted Housing. The Housing Manager and various members of the City's Police Department do collaborate and exchange documents that support any termination of participation for drug related or violent criminal activity. With the recent documentation provided by police, the Housing Authority has terminated three participants and scheduled ten informal hearings over the next four weeks. • Section 8 recipients should be monitored and screened and told they will be held accountable for their behavior. The Housing Authority qualifies income eligible participants when they first enter the program and once annually through credit checks and third party verifications. Criminal background checks are conducted for all adult family members at initial entry into the program and for any adult member that may be subsequently added to the household. The Housing Authority is modifying its participant briefing to emphasize their responsibility to consistently comply with the landlord lease requirements, especially as it relates to the quiet, peaceful enjoyment of the neighborhood. Monitoring participants to ensure consistent compliance with lease requirements is a function of landlord responsibilities. The Housing Authority has counseled landlords and tenants to encourage enforcement and compliance with the lease when deemed appropriate. • Education is needed for landlords regarding what the Housing Authority does or does not do in the screening process. Landlord workshops are scheduled within the City of Antioch. The first was November 4th from 9:00 a.m. to noon at the Antioch Senior Center on 2nd Street. Additional workshops are planned for January 2007 and a regional workshop is planned to coincide with Affordable Housing Week in May 2007. The Housing Authority does plan on attending the City's Quality of Life forum on November 18th to participate in any Section 8 discussion. • Develop standards of conduct for Section 8 participants. The Housing Authority referred this�to HUD, San Francisco regional office since this may have implications related to discriminatory practices contrary to the Fair Housing Act. • One employee is handling all East County revocations, which is simply not enough. The Housing Authority relies predominately upon the documentation provided by law enforcement for terminations of assistance for drug related or criminal activity. Recently, the Antioch Police Department has provided more detailed documentation; as a result, terminations of participation and scheduling of fair hearings are processed quicker. Staff reorganization is planned once the current office is enlarged. In the interim, if a backlog occurs more staff and contracted hearing officers will be assigned. • Desist from!!promoting a disproportionate share of Section 8 housing in the City of Antioch.! The Housing Authority does not promote or encourage Section 8 recipients to;live in any particular area of the County. As stated earlier, the Section 8 recipient is free to make housing choice decisions that best meets their household needs. Market conditions and household needs, not the Housing 'Authority, generally dictate the movement of any renter to affordable housing units available anywhere in the County. • Reconsideration of the rent structure stipends issued in the City of Antioch. Any change beyond what is allowed by regulation will require HUD approval. The Housing Authority must refrain from any action that may be construed as violating the Fair Housing Actor contributing to the concentration of poverty. The Housing Authority is working diligently to do its share to assist in addressing the quality of life concerns in Antioch and within the County. In addition to those actions stated on September 26th and those mentioned above the jHousing Authority is working toward the following: ➢ The Housing Authority is modifying its Section 8 Administrative Plan that will require HUD approval, to not only reflect the required federal regulations but also: o California Civil Code Section 1941.1, Landlord Obligations and Section 1941.2, Renter Obligations. o Require criminal background checks on all Section 8 households porting in from other jurisdictions.: o Integrating those appropriate State or City Code requirements into the Housing Authority's Housing Quality Standards inspections and Section 8 participant briefings. ➢ A restructure of its':briefing packets and presentation to landlords and recipients to include California Civil Code Sections 1941.1 and 1941.2 and strongly emphasizing compliance and enforcement of the lease. ➢ The Housing Authority's two Housing Quality Standard (HQS) inspectors and the City Code Enforcement Officer (CEO) will meet to develop a process for Housing Authority staff to alert Board of Commissioners November 14, 2006 Page 5 of 5 the City CEO of blight conditions or code violations noticed at any property ty during their HQS inspections. ➢ The Housing Authority rity opened up a Section 8 office in the City on June 1, 2006 to be more responsive to Section 8 recipients and East County resident concerns. The Housing Authority has been developing plans for the last two months of enlarging the physical office to accommodate more staff. Proposals and cost estimates are being solicited for the expansion of the Section 8 office in the City of Antioch to accommodate more staff. The Housing Authority is currently reviewing, with an outside consultant, program requirements, processes, resources and staff capacity to become more efficient and effective in its' endeavor to, strengthen program administration, its' Section 8 participant integrity monitoring, and theJ development of a community ombudsman program. ➢ Developing a Section 8 internal fraud investigation program funded entirely through recaptured monies from fraudulent landlords and Section 8 recipients. > The Housing Authoiity is reviewing resources to develop a landlord and participant newsletter to address complaints, inform them of changes in federal, state or local laws, and provide a resource for best practices used by other landlords. The Housing Authority is researching the following HUD and Congressional actions: I ➢ Request HUD to reduce the Housing Authorities income-targeting obligation of 75% of their Section 8 assistance to households with incomes below 30% of area median income. The Housing Authority will be seeking for Contra Costa County a 60% income-targeting goal for Section 8 assistance to households with incomes below 30% of area median income. > Request HUD to support Upport Congressional action that will prohibit recipients from contributing more than 45% of their income toward rent, rather than the current requirement of 40%. The above actions will have the effect of allowing more of the working households at 80% or below of the area median income onto the Section 8 HCV Program. These actions, coupled with Housing Authority's flexibility with the FIVIRs and„ ,payment standards should provide a mechanism for the deconcentration or clustering of Section 8 recipients in certain communities and neighborhoods throughout the county. There are other Housing Authority actions contemplated but will require further analysis and research. The Housing Authority is fully utilizing all its available resources to assist the City of Antioch in its endeavors to aggressively meet its crime, blight and neighborhood growth challenges. We will do our part, within the federal program regulations, to ensure those Section 8 recipients that are committing fraud or involved in criminal activity are terminated from the program. Individuals making complaints about the renters cannot be;told whether or not a particular household participates in the program. The Housing Authority is also prohibited from steering or barring Section 8 recipients from choosing particular neighborhoods. The Housing Authority is exploring opportunities to partner with community organizations to resolve disputes between" Section 8 recipients and neighbors; and, to dispel myths and stereotypes about Section 8 landlords and tenants. Attachment 1 PORTABILITY [24 CFR 982.353] I Portability applies to families moving out of or into the HA's jurisdiction within the United States and its territories. OUTGOING PORTABILITY [24 CFR 982.353, 982.355] Within the limitations of the regulations.and this policy, a participant family has the right to receive tenant-based voucher assistance to lease a unit outside the HA's jurisdiction, anywhere in the United States, in the jurisdiction of a HA with a tenant-based program. When a family requests to move outside of the HA's jurisdiction, the request must specify the area to which the family wants to move. If there,is more than one HA in the area in which the family has selected a unit, the HA will choose the receiving HA. Restrictions on Portability Participants After an applicant has leased-up in the jurisdiction of the initial housing agency, they cannot exercise portability during the first year of assisted occupancy, except in the following;circumstances. The receiving HA and the initial HA agree to allow the move. The receiving HA agrees to absorb the voucher. This requirement is dependant upon .available funding. The HA will not permit families to exercise portability: 1. If the family is in violation of a family obligation, or 2. If the family owes money to the HA, or 3. If the family has moved out of its assisted unit in violation of the lease. -fir_ Housing Authority of the County of Contra Costa 4/2004-05 Admin Plan 13-1 INCOMING PORTABILITY [24 CFR 982.354,, 982.355] Absorption or Administration The HA will accept a family with a valid Voucher from another jurisdiction and administer or absorb the Voucher. If administering, the family will be issued a "Portable" Voucher by the HA. The term of the voucher will not expire before the expiration date of any initial HA voucher. The family must submit a request for approval of tenancy for an eligible unit to the receiving HA during the term of the receiving HA voucher. The receiving HA may grant extensions in accordance with this Administrative Plan. However, if the Family decides not to lease-up in the HA's jurisdiction, they must contact the initial HA to request an extension. The HA may absorb all incoming portable families provided that there is funding available. When the HA does not absorb the incoming Voucher, it will administer the Initial HA's Voucher and the receiving HA's policies will prevail. The HA may absorb all incoming portable families affected by a federally declared disaster area, provided that there is funding available. When the HA does not absorb the;incoming voucher, it will administer the initial HA's voucher and the receiving HA's policies will prevail. For admission to the program a family must be income eligible in the area where the family initially leases a unit with assistance under the program. The receiving HA does not re-determine eligibility for a portable family that was already receiving assistance in the initial HA Section 8 tenant-based program. The HA will issue a "Portability Voucher" according to its own Subsidy Standards. If the Family has a change in family composition which would change the voucher size, the HA will change to the proper size based on its own Subsidy Standards. Incoming portability applicants/all adult members over the age 18 will be screened by National Tenant Network for drug-related activity and other criminal activity. Income and Total Tenant Payment of Incoming Portables [982.353(d)] i As receiving HA, the HA will conduct a re-certification interview to verify the information provided. If the HA conducts a re-certification of the family it will not cause a delay in the issuance of a voucher. Housing Authority of the County of Contra Costa 4/2004-05 Admin Plan 13-2 If the family's income is such that a $0 subsidy amount is determined prior to lease-up in the HA's jurisdiction, the HA will refuse to enter into a contract on behalf of the family at s0 assistance. Requests for Approval of Tenancy A briefing will be mandatory for all portability families. When the Family submits a Request for Tenancy Approval, it will be processed using the HA's policies. If the Family does not submit a Request for Tenancy Approval or does not execute a lease, the Initial HA will be notified within 30 days by the HA. If the Family leases up successfully, the HA will notify the Initial HA within 30 days, and the billing process will commence. The HA will notify the initial HA if the family fails to submit a request for approval of tenancy for an eligible unit within the term of the voucher. If the HA denies assistance to the family, the HA will notify the Initial HA within 30 days and the family will be offered a review or hearing. The HA will notify the family of its responsibility to contact the Initial HA if the Family wishes to move outside the HA's jurisdiction under continued portability. Regular Program Functions The HA will perform all program functions applicable the tenant-based assistance program, such as: 1. Annual reexaminations of family income and,compositi,on; 2. Annual inspection of the unit; and 3. Interim Examinations when requested or deemed necessary by the HA Terminations The HA will notify the Initial HA in writing of any termination of assistance within 30 days of the termination. If an Administrative Hearing is required and requested by the Family, the hearing will be conducted by the HA, using the regular hearing procedures included in this Plan. A copy of the hearing decision will be furnished to the Initial HA. The Initial HA will be responsible for collecting amounts owed by the Family for claims paid and for monitoring repayment. If the Initial HA notifies the HA that F-� Housing Authority of the County of Contra Costa 4/2004-05 Admin Plan 13-3 the Family is in arrears; or the Family has refused to sign a Payment Agreement, the HA will terminate assistance to the family. Required Documents As Receiving HA, the HA will require the documents listed on the HUD Portability Billing Form from the Initial HA. Billing Procedures As Receiving. HA, the HA will bill the Initial HA initially and when changes occur for Housing Assistance'Payments, and other amounts, including Administrative Fees and Special Claims. The HA will bill 100% of the Housing Assistance Payment, 100% of Special Claims and 80% of the Administrative Fee (at the Initial HA's rate)for each "Portability" Voucher leased as of the first day of the month. The HA will notify the Initial HA of changes in subsidy amounts and will expect the Initial HA to notify the HA of changes in the Administrative Fee amount to be billed. rwHousing Authority of the County of Contra Costa 4/2004-05 Admin Plan 13-4 ATTACHMENT 2 HOUSING AUTHORITY'S RESPONSIBILITIES Source: 24 CFR§ 982.153 Housing Authority's Responsibilities: The PHA administers the voucher program locally. The PHA provides a family with the housing assistance that enables the family to seek out suitable housing. Review all applications to determine if they are eligible for the program. Explain all the rules of the program to all families who qualify. Approve the family, unit and landlord. PHA enters into a contract with the landlord to provide housing assistance payments on behalf of the family. If the landlord fails to meet the owner's obligations under the lease, the PHA has the right to terminate assistance payments. The PHA must reexamine the family's income and composition at least annually and must inspect each unit at least annually to ensure that it meets minimum housing quality standards. Ensure that both the family and the unit continue to qualify under the program. Ensure that landlords and families comply with the program rules. 1 ATTACHMENT 3 TERMINATION OF TENANCY BY OWNER Soprce: Excerpts from the HUD Tenancy Addendum HUD-52641-A Form Termination of Tenancy by Owner a. Requirements. The owner may only terminate the tenancy in accordance with the lease and HUD requirements. b. Grounds. During the term of the lease (the initial term of the lease or any extension term); the owner may only terminate the tenancy because of. (1) Serious or repeated violation of the lease; (2) Violation of Federal, State, or local law that imposes obligations on the tenant in connection with the occupancy or use of the unit and the premises; (3) Criminal activity or alcohol abuse (as provided in paragraph c); or (4) Other good cause (as provided in paragraph d). c. Criminal activity or alcohol abuse. (1) The owner may terminate the tenancy during the term of the lease if any member of the household, a guest or another person under a resident's control commits any of the following types of criminal activity: (a) Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of the premises by, other residents (including property management staff residing on the premises); (b) Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises; (c) Any violent criminal activity on or near the premises; or (d) Any drug-related criminal activity on or near the premises. (2) The owner may terminate the tenancy during the term of the lease if any member of the household is: (a) Fleeing.to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor; or (b) Violating a condition of probation or parole under Federal or State law. (3) The owner, may terminate the tenancy for criminal activity by a household member in accordance with this section if the owner determines that the household member has committed the criminal activity, regard-less of whether 1 the -household member has The owner may terminate the tenancy during the term-of the lease if any member of the household has engaged in abuse of alcohol that threatens the health, safety or right to peaceful enjoyment of the premises by other residents. d. Other good cause for termination of tenancy (1) During the initial lease term, other good cause for termination of tenancy must be something the family did or failed to do. (2) During the initial lease term or during any extension term, other good cause includes: (a) Disturbance of neighbors, (b) Destruction of property, or (c)Living or housekeeping habits that cause damage to the unit or premises. (3) After the initial lease term, such good cause includes: (a) The tenant's failure to accept the owner's offer of a new lease or revision; (b) The owner's desire to use the unit for personal or family use or for a purpose other than use as a residential rental unit; or (c) A business or economic reason for termination of the tenancy (such as sale of the property, renovation of the unit, the owner's desire to rent the unit for a higher rent). e. Eviction by court action. The owner may only evict the tenant by a court action. C, Owner notice of grounds (1) At or before the beginning of a court action to evict the tenant, the owner must give the tenant a notice that specifies the grounds for termination of tenancy. The notice may be included in or combined with any owner eviction notice. (2) The ownermust give the PHA a copy of any owner eviction notice at the same time the owner notifies the tenant. Eviction notice means a notice to vacate, or a complaint or other initial pleading used to begin an eviction action under State or local law. 2 ATTACHMENT 4 SOURCE: 24 CFR § 982.551 § 982.551 Obligations of participant. (a) Purpose. This section states the obligations of a participant family under the program. (b) Supplying required information—(1) The family must supply any information that the PHA or HUD determines is necessary in the administration of the program, including submission of required evidence of citizenship or eligible immigration status (as provided by 24 CFR part 5). "Information" includes any requested certification, release or other documentation. (2) The family must supply any information requested by the PHA or HUD for use in a regularly scheduled reexamination or interim reexamination of family income and composition in 'accordance with HUD requirements. (3) The family must disclose and verify social security numbers (as provided by part 5, subpart B, of this title) and must sign and submit consent forms for obtaining information in accordance with part 5, subpart B, of this title. (4) Any information supplied by the family must be true and complete. (c) HQS breach caused by family. The family is responsible for an HQS breach caused by the family as described in §982.404(b). (d)Allowing PHA inspection. The family must allow the PHA to inspect the unit at reasonable times and after reasonable notice. (e) Violation of lease. The family may not commit any serious or repeated violation of the lease. (f) Family notice of move or lease termination. The family must notify the PHA and the owner before the family moves out of the unit, or terminates the lease on notice to the owner. See §982.314(d). (g) Owner eviction notice. The family must promptly give the PHA a copy of any owner eviction notice. (h) Use and occupancy of unit.—(1) The family must use the assisted unit for residence by the family. The unit must be the family's only residence. (2) The composition of the assisted family residing in the unit must be approved by the PHA. The family must promptly inform the PHA of the birth, adoption or court-awarded custody of a child. The family must request PHA approval to add any other family member as an occupant of the unit. No other person [i.e., nobody but members of the assisted family] may reside in the unit (except for a foster child or live-in.aide as provided in paragraph (h)(4) of this section). (3) The family must promptly notify the PHA if any family member no longer resides in the unit. (4) If the PHA has given approval, a foster child or a live-in-aide may reside in the unit. The PHA has the discretion to adopt reasonable policies.concerning residence by a foster child or a live-in-aide, and defining when PHA consent may be given or denied. (5) Members of the household may engage in legal profitmaking activities in the unit, but only if such activities are incidental to primary use of the unit for residence by members of the family. (6) The family must not sublease or let the unit. (7) The family must not assign the lease or transfer the unit. (i) Absence from unit. The family must supply any information or certification requested by the PHA to verify that the family is living in the unit, or relating to family absence from the unit, including any PHA-requested information or certification on the purposes of family absences. The family must cooperate with the PHA for this purpose. The family must promptly notify the PHA of absence from the unit. Q) Interest in unit. The family must not own or have any interest in the unit. (k) Fraud and other program violation. The members of the family must not commit fraud, bribery or any other corrupt or criminal act in connection with the programs. (1) Crime by household members. The members of the household may not engage in drug-related criminal activity or violent criminal activity or other criminal activity that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises (see §982.553). (m) Alcohol abuse by household members. The members of the household must not abuse alcohol in a way that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises. 2 (n) Other housing assistance. An assisted family, or members of the family, may not receive Section 8 tenant-based assistance while receiving another housing subsidy, for the same unit or for a different unit, under any duplicative (as determined by HUD or in accordance with HUD requirements) federal, State or local housing assistance program. 3 ATTACHMENT 5 SOURCE: 24 CFR § 982.452 §982.452 Owner responsibilities. (a) The owner is responsible for performing all of the owner's obligations under the HAP contract and the lease. (b) The owner is responsible for: (1) Performing all management and rental functions for the assisted unit, including selecting a voucher-holder to lease the unit, and deciding if the family is suitable for tenancy',of the unit. (2) Maintaining the unit in accordance with HQS, including performance of ordinary and extraordinary maintenance. For provisions on family maintenance responsibilities, see §982.404(a)(4). (3) Complying with equal opportunity requirements. (4) Preparing and furnishing to the PHA information required under the HAP contract. (5) Collecting from the family: (i) Any security deposit. (ii) The tenant contribution (the part of rent to owner not covered by the housing assistance payment). (iii) Any charges for unit damage by the family. (6) Enforcing tenant obligations under the lease. (7) Paying for utilities and services (unless paid by the family under the lease). (c) For provisions on modifications to a dwelling unit occupied or to be occupied by a disabled person, see 24 CFR 100.203. 1 Attachment 6 A. INFORMAL HEARING PROCEDURES (24 CFR 982.555 (a-f), 982.54(d)(13)] The HA will provide a copy of the hearing procedures in the family briefing packet. When the HA makes a decision regarding the eligibility and/or the amount of assistance, applicants and participants must be notified in writing. The HA will give the family prompt notice of such determinations which will include: The proposed action or decision of the HA, which must be in writing stating that the applicant/participant has ten calendar days by which to respond; The date the proposed action or decision will take place; The family's right to an explanation of the basis for the HA's decision. The procedures for requesting a hearing if the family disputes the action or decision; The time limit for requesting the hearing. To whom the hearing request should be addressed; A copy of the HA's Hearing Procedures. The HA must provide participants with the opportunity for an Informal Hearing for decisions related to any of the following HA determinations: 1. Determination of the family's annual or adjusted income and the computation of the housing assistance payment; 2. Appropriate utility allowance used from schedule; 3. Family unit size determination under HA subsidy standards; 4. Determination that family is under occupied in its current unit and a request for exception is denied; 5. Determination to terminate assistance for any reason; Housing Authority of the County of Contra Costa 4/2004-05 Admin Plan 18-1 6. Determination to terminate a family's FSS Contract, withhold supportive services, or propose forfeiture of the family's escrow account; 7. Determination to pay an owner claim for damages, unpaid rent or vacancy loss. The HA must always provide the opportunity for an informal hearing before termination of assistance. Informal Hearings are not required for established policies and procedures and HA determinations such as: 1. Discretionary administrative determinations by the HA; 2. General policy issues or class grievances; 3. Establishment of the HA schedule of utility allowances for families in the program; 4. An HA determination not to approve an extension or suspension of a voucher term; 5. An HA determination not to approve a unit or lease; 6. An HA determination that an assisted unit is not in compliance with HQS (HA must provide hearing for family breach of HQS because that is a family obligation determination); 7. An HA determination that the unit is not in accordance with HQS because of the family size; 8. An HA determination to exercise or not exercise any,right or remedy against the owner under a HAP contract. Notification of Hearing It is the HA's objective to resolve disputes at the lowest level possible, and to make every effort to avoid the most severe remedies. However, if this is not possible, the HA.will ensure that applicants and participants will receive all of the protections and rights afforded by the law and the regulations. When the HA receives a request for an informal hearing, a hearing shall be scheduled within 15 (fifteen) days. The notification of hearing will contain: rHousing Authority of the County of Contra Costa 4/2004-05 Admin Plan 18-2 1. The date and time of the hearing; 2. The location where the hearing will be held; 3. The family's right to bring evidence, witnesses, legal or other representation, at the family's expense; 4. The right'to view any documents or evidence in the possession of the HA upon which the HA based the proposed action and, at the family's expense, to obtain a copy of such documents prior to the hearing. The HA's Hearing Procedures After a hearing date is set, the family may request to reschedule only upon showing '"*good cause," which is defined as an unavoidable conflict which seriously affects the health, safety or welfare of the family. If the family does not appear at the scheduled time, and did not make arrangements in advance to reschedule, the HA will automatically deny the appeal unless the family contacts the HA within 48 hours (excluding weekends and HA holidays) and presents evidence of extenuating circumstances. The HA may reschedule a second hearing date of the evidence is determined credible and the circumstances surrounding the failure to appear, are acceptable. Families have the right to: 1. Present written or oral objections to the HA's determination. 2. Examine the documents in the file which are the basis for the HA's action, and all documents submitted to the Hearing Officer; 3. Copy any relevant documents, at their prepaid expense; 4. Present any information or witnesses pertinent to the issue of the hearing; 5. Request that HA staff be available or present at the hearing to answer questions pertinent to the case; and 6. Be represented by legal counsel, advocate, or other designated representative, at their own expense. rHousing Authority of the County of Contra Costa 4/2004-05 Admin Plan 18-3 If the family requests copies of documents relevant to the hearing, the HA may make the copies; for the family and assess a reasonable charge per copy. In no case will the family be allowed to remove the file from the HA's office. The Informal Hearing shall be conducted by the Hearing Officer appointed by the HA who is neither the person who made or approved the decision, nor a subordinate of that person. The HA appoints hearing officers who: Are HA commissioners/ HA management; Are managers from other departments in the government of the jurisdiction; Are managers from another HA, Are professional mediators or arbitrators. Are otherwise qualified to serve. The hearing shall concern only the issues for which the family has received the opportunity for hearing. Evidence presented at the hearing may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings. No documents may be presented which have not been provided to the other party before the hearing if requested by the other party. "Documents" includes records and regulations. The family may request in writing an audio recording of the hearing, if desired, at least 5 (five) days prior to the hearing date. The Hearing Officer may ask the family for additional information and/or might adjourn the Hearing in order to reconvene at a later date, before reaching a decision. If the family misses an appointment or deadline ordered by the Hearing Officer, the action of the HA shall take effect and another hearing will not be granted. Housing Authority of the County of Contra Costa 4/2004-05 Admin Plan 18-4 The Hearing Officer will determine whether the action, inaction or decision of the HA is legal in accordance with HUD regulations and this Administrative Plan based upon the evidence and testimony provided at the hearing. Factual determinations relating to the individual circumstances of the family will be based on a preponderance of the evidence presented at the hearing. A notice of the Hearing Findings shall be provided in writing to the HA and the family within 10 (ten) days and shall include: A clear summary of the decision and reasons for the decision; If the decision involves money owed, the amount owed; and The date the decision goes into effect. The HA is not bound by hearing decisions: Which concern matters in which the HA is not required to provide an opportunity fora hearing; Which conflict with or contradict to HUD regulations or requirements; Which conflict with or contradict Federal, State or local laws; or Which exceed the authority of the person conducting the hearing. The HA shall send a better to the participant within 10 (ten) days if it determines the HA is' not bound by the Hearing Officer's determination. The letter shall include the HA's reasons for the decision. All requests for a hearing, supporting documentation, and a copy of the final decision will be retained in the family's file. Housing Authority of the County of Contra Costa 4/2004-05 Admin Plan 18-5 REQUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on Agenda Item#: . � Complete this form and place it in the upright box near the Date: speaker's podium, and wait to be called by the Chair. My comments will be: ❑ General Personal information is optional. This speaker's card will be incorporated into the public record of this meeting. For Against Name: I wish to speak on the subject of: Address: Sec4L�n kbvt.%` City: —, cb n Phone: �J (q)S) ,M7--AV 7 Lim I am speaking for: ❑ Myself IXOrganization: ` S ❑ I do not want to speak but would like to . leave comments for the Board to consider (use the back of this form) j;� C-Dri car- . HOUSING AUTHORITY HANDLING OF THE ONGOING SECTION 8 PROBLEM IN CONCORD A few years ago, a house in our established neighborhood near downtown Concord was sold to an individual who does not live in Concord. She rented the house at 1769 Toyon Drive to Section 8 tenants. The tenants are 4 adults and 3 children. They brought a rooster, chickens,pit bulls (without collars) and cats, soon followed by broken down cars where they placed their garbage on top. A couch was in the driveway,where people slept over night. All of the noise problems in our neighborhood come from this house. Their animals and children run through the streets unsupervised. This is surprising since none of the adults,who appear in good health, ever worked,except one,recently. Since the tenants moved in,we have had more social misfits (to put it kindly) in our neighborhood. I called the Housing Authority of the County of Contra Costa on March 15 and left a message with regard to the numerous complaints against this residence. The Housing Authority never returned my call. Many of our neighbors have made numerous calls to various agencies citing a multitude of violations with regard to this residence. We have been dealing directly with Lt.Jim Lardieri of the Concord Police Department and Arnel Jaime of Concord Preservation for over a year. The city also notified the owners to no avail. I've attached numerous pages of detailed complaints from 12 of our neighbors (signed, dated, and with their addresses) so you will understand the extent of the problems. Finally, on September 10, six police cars came to their house with members from 3 different government agencies. I've attached one of our neighbor's write-up about this day. Lt.Jim said a police officer went through the house and wrote a detailed report about the state of this residence. Lt.Jim said he sent this to Section 8 with information from other Police calls regarding 1769 Toyon. I called the Housing Authority of the County of Contra Costa again on October 23, again leaving a message with regard to the numerous complaints against this residence. The Housing Authority once again never returned my call. Even Lt.Jim said that Sec. 8 speaks in "cryptic" so it is very difficult for him to understand what they are saying. I then wrote a letter to the Contra Costa Times regarding our experience and to many government officials including Mark DeSaulnier. Some of our established neighbors have finally given up the battle and are selling their homes. On November 6, Greg Bedard,the Chief of Staff for Supervisor Mark DeSaulnier,told Mr. Stephenson to call me regarding our complaints. My neighbors and I met with Greg Bedard on Nov. 9th regarding this problem. Greg said he was very disturbed that Mark Stephenson had still not called me. I finally got an e-mail from Mark Stephenson yesterday. I could not determine from his e-mail if any action had been taken. We have been patient with the housing authority,the landlord and the tenants and now we want action. Since neither the housing authority nor the landlord are responsive to these problems,we believe the housing authority should terminate the section 8 contract with the landlord and the tenant should find housing elsewhere. In summary,we have been told that we have done everything correctly to report these problems. In return we have been frustrated, neglected and betrayed by the Housing Authority that is supposed to handle these problems. For me and my neighbors,this has been a heartbreaking experience that we will never forget. Tim Lenahan 1418 Whitewood Place Concord, CA 94520 Work phone(415)247-3397 Home phone(925) 687=8267 E-Mail address: lenahat@yahoo.com November 14,2006 Attachments • List of detailed complaints about 1769 Toyon from 12 of our neighbors (signed, dated, and with their addresses)so you will understand the extent of the problems. • September 11 complaint after the sting operation by the 3 government agencies on the 10th. • E-mail to the Contra Cost Times newspaper on October 24. • Letter to Office of Supervisor Mark DeSaulnier on October 25 Occurrences from 1769 Toyon More then Once Once Comments garbage and broken and Vk -toe Seen huge amounts of g v�s4b c �rG.M Tyr e unusable furniture on 1769 property 51� Ct -Jrkjw of ie in 6,10 Heard loud noise from inhabitants or friend visiting C) h Ices -p ft e C (��(�mn s�✓t Seen children from 1769 unsupervised ' ;'4' l oe fin'<w,5,(k outside their property, &4- Seen dogs without collars from 1769 .iva unsupervised outside their property _ �'n5 rh e r s-1`re e Seen cars in carport with junk and used food �( container on top /v �G'1� Gh1c�3 L:G� Cv� lrl cz'12 ©t�� ve Pr3 Seen Commercial trucks (over 10,000 pounds) stay overnight in front of 1769 off Heard Roosters and/or Chickens from 1769 ca'�s Seen police cars at 1769 �h fdLaer i v► Uva �, e� vldl Seen many litters of cats from 1769 V ci c t rr 'e ec' �'-e,�� throughout the neighborhood t 5 r c�C��h e �n !�'►G� Using Toyon drive as a.soccer and football C�wP playground. / 6G•,2 �+ 4 S Heard children banging;on Piano in carport -/a Seen couch up, upholstered chair, and bookcase in carport. Vagrant sleeping on couch. G JSo G ave J til e s��e Driveway and carport constantly filled with litter. �Ct ��� C�rtor��S ✓''1e rS !7` Load and constant use of foul language -Po,T(� e (i.e., four letter words) L�1'1<6�-re v► Aware that cars without registration Were located on or in front of 1769 Other Items you have noticed Your Name � � vGmen_ c a CP t,— Your Address S 4 Your Signature Date a � Occurrences from 1769 Toyon More then Once Once Comments Seen huge amounts of garbage and broken and tur nei }+bc"� 0, Sire unusable furniture on 1769 property �� � � " -J u�L y Heard loud noise from inhabitants or friend visiting �� Seen children from 1769 unsupervised outside their property. .64 Seen dogs without collars from 1769 unsupervised outside their property Seen cars in carport with junk and used food container on top � �" ✓�T ` I ,�I Seen Commercial trucks(over 10,000 pounds) ►Ce l stay overnight in front of 1769 t9n--YYY4 Heard Roosters and/or Chickens from 1769 ;ceJ� Seen police cars at 1769 J Seen many litters of cats from 1769 j throughout the neighborhood Using Toyon drive as a soccer and football e-`1 02pp�L2 playground. a OYAe Heard children banging on Piano in carport Seen couch ap,upholstered chair, and bookcase in ..1, sow 4, carport. Vagrant sleeping on couch. AA (-CAh OVte'-AZ��f Driveway and carport constantly filled with litter. Load and constant use of foul language a,(V�- (i.e., four letter words) Aware that cars without registration 4Tue is Were located on or in front of 1769 a& 4¢COS, Other Items you have noticed -- f �I Your Name Your Address g W rLl G�L Qr Your Sign ture Date p n& 1 ` , ��,, � ��hs� .b (,�-k -I� ��~b� ►n cars Occurrences from 1769 Toyon More then Once Once Comments 'J Seen huge amounts of garbage and broken and - 4�e co✓ r /�r,-L/LO w!) unusable furniture on 1769 property v z � mud rnuSiz: vow. VQLi: Heard loud noise from inhabitants or friend visiting � '-J n Seen children from 1769 unsupervised S►-'uoki -s -r— Gras s,— outside their property 4 .S�ve e� un e Seen dogs without collars from 1769 ,,ff 'jUz'4-a unsupervised outside their property qtr ru^l+- Seen cars in carport with junk and used food container on top a1�� Seen Commercial trucks (over 10,000 pounds) 'y' stay overnight in front of 1769 Heard Roosters and/or Chickens from 1769 Seen police cars at 1769 X, Seen many litters of cats from 1769 throughout the neighborhood Using Toyon drive as a soccer and football playground. Heard children banging on Piano in carport Seen couch up,upholstered chair, and bookcase in carport. Vagrant sleeping on couch. Driveway and carport constantly filled with litter. Load and constant use of foul language (i.e., four letter words) Ce n1 i C4, Aware that cars without registration oG�Sev -S Were located on or in front of 1769 w f4-010 It Ca�'Plus Other Items you have noticed Your Name G r-lc ,•ire��� Your Address Your Signature Date 2'� 'p Occurrences from 1769 Toyon More then Once Once Comments Seen huge amounts of garbage and broken and unusable furniture on 1769 property Heard loud noise from inhabitants or friend visiting Seen children from 1769 unsupervised outside their property. Seen dogs without collars from 1769 , / J I unsupervised outside their property y / 5 Seen cars in carport with junk and used food container on top Seen Commercial trucks over 10,000 pounds) stay overnight in front of 1769 Heard Roosters and/or Chickens from 1769 jt I Seen police cars at 1769 Seen many litters of cats from 1769 / throughout the neighborhood V Using Toyon drive as a soccer and football ti 1 playground. Heard children banging on Piano in carport Seen couch vjt;upholstered chair, and bookcase in carport. Vagrant sleeping on couch. VVV Driveway and carport constantly filled with fitter. Load and constant use of foul language (i.e., four letter words) Aware that cars without insurance or registration Were located on or in front of 1769 Other Items you have noticed I '� !t l �jP� ► �y�1►�`G`J� 1 Your Name Your Address ���� '�� A'� ✓��� �/`��� Your Signature Date 101,711 bo� All Af 5U 1 y °� Occurrences from 1769 Toyon More then Once Once Comments Seen huge amounts of garbage on 1769 property �o-e 5 0 3's�6"�►'i�-a�J Heard loud noise from inhabitants or friend visiting9kh f�'l�N Seen children from 1769 unsupervised �"' � � outside their property p k.�s P01% -t 4 t• e_"3 �I,2�Ioh�oN Seen dogs without collars from 1769 tM y �-tvu� b.•h�ns���,.i�5 unsupervised outside their property �' `�� on F, Yeu/o�d Seen cars in carport with junk on top V Jh2wqS`,W t.5-i-61(i C,bn PiC,,`,e/-e/,o Seen Commercial trucks(over 10,000 pounds) -f-or el stay overnight in front of 1769 Heard Roosters and/or Chickens from 1769 d Seen police cars at 1769 Seen many malnourished cats from 1769 / throughout the neighborhood Heard people banging on Piano in carport Seen couch and/or bookcase in carport Aware that cars without insurance or registration J Were located on or in front of 1769 t/ Other Items you have noticed 0 V, Z b 0 rt h� �(' C1 s-e M of Trc j foL,%1t o ivy -the, rnr'dal�. Your Name 5,1&io' Your Address 1-76/ -rU)YOh Your Signature !%c t Date t p—21 Zyiej(a Occurrences from 1769 Toyon More then Once Once Comments Seen huge amounts of garbage and broken and unusable furniture on 1769 property Heard loud noise from inhabitants or friend visiting _x Seen children from 1769 unsupervised outside their property Seen dogs without collars from 1769 unsupervised outside their property Seen cars in carport with junk and used food container onor"' Seen Commercial trucks (over 10,000 pounds) stay overnight in front of 1769 Heard Roosters and/or Chickens from 1769 _ Seen police cars at 1769 Seen many litters of cats from 1769 throughout the neighborhood Using Toyon drive as a soccer and football playground. Heard children banging on Piano in carport Seen couch3W upholstered ir, and bookcase in carpo agran s eepmg on couch. ONNOW Driveway and carport constantly filled with litter. Load and constant use of foul language x (i.e., four letter words) Aware that cars without registration Were located on or in'front of 1769 P ar Other t Your Name ►� 1.1.E Imo..♦ - ' Your AddresYour Signatur ►� .1 Jyr f ift 02 "1 DateLA )l %vow X,j COVuAA C" ..- 4z 4i CO —AIL r cWt4lo. 4ifo� CA h t �. I i . a Occurrences from 1769 Toyon More then Once Once Comments Seen huge amounts of garbage and broken and / unusable furniture on 1769 property Heard loud noise from inhabitants or friend visiting Seen children from 1769 unsupervised / outside their property V Seen dogs without collars from 1769 unsupervised outside their property ✓ ""r"� Seen cars in carport with junk and used food / container on top ✓ Seen Commercial trucks (over 10,000 pounds) stay overnight in front of 1769 / Heard Roosters and/or Chickens from 1769 ✓ Seen police cars at 1769 Seen many litters of cats from 1769 GGsGYc�ta- x.�.c throughout the neighborhood ✓ - Using Toyon drive as a soccer and football playground. Heard children banging on Piano in carport Seen couch W,upholstered chair, and bookcase in / carport. Vagrant sleeping on couch. Driveway and carport constantly filled with litter. Load and constant use of foul language (i.e., four letter words) Aware that cars without insurance or registration / Were located on or in front of 1769 f Other Items you have noticed �J Your Namel Your Address �`7t/.2 •-�"'�" f- �. Your Signature -�-�-� Date Occurrences from 1769 Toyon More then Once Once Comments Seen huge amounts of garbage and broken and unusable furniture on 1769 property ✓ Heard loud noise from inhabitants or friend visiting Seen children from 1769 unsupervised outside their property Seen dogs without collars from 1769 unsupervised outside their property Seen cars in carport with junk and used food container on top r/ Seen Commercial trucks (over 10,000 pounds) stay overnight in front of 1769 Heard Roosters and/or Chickens from 1769 ✓ Seen police cars at 1769 ✓ Seen many litters of cats from 1769 throughout the neighborhood Using Toyon drive as a soccer and football playground. Heard children banging on Piano in carport Seen couch I,upholstered chair, and bookcase in s« Uma-qG�a. carport. Vagrant sleeping on couch. Driveway and carport constantly filled with litter. and constant use of foul language (i.e., four letter words) ✓ Aware that cars without insprpnce or registration Were located on or,u frpi#,of 1769 �/ Other Items you have noticed Your Name Your Address Your Signature Date Occurrences from 1769 Toyon More then Once Once Comments Seen huge amounts of garbage on 1769 property X— Heard loud noise from inhabitants or friend visiting Seen children from 1769 unsupervised ,(LUQ UAJ x `V�A. Sfi/{�t tJ outside their property & fiW�A Seen dogs without collars from 1769 r� -� �� unsupervised outside their property �{ Seen cars in carport with junk on top X J Seen Commercial trucks(over 10,000 pounds) stay overnight in front of 1769 Heard Roosters and/or Chickens from 1769 Seen police cars at 1769 Seen many malnourished cats from 1769 \/ throughout the neighborhood n Heard people banging on Piano in carport Seen couch and/or bookcase in carport Aware that cars without insurance or registration Were located on or in front of 1769 Other Items you have noticed Mc- (� C Your ame fin/ Your Address n &A `ov� Your Signature Date \J� - . �,��C,Q,�- - Lk Occurrences from 1769 Toyon More then Once Once omments Seen huge amounts of garbage and broken and unusable furniture on 1769 property f�•�.� Heard loud noise from inhabitants or friend visiting Seen children from 1769 unsupervised �, y outside their property Seen dogs without collars from 1769 unsupervised outside their property Seen cars in carport with junk and used food container on top Seen Commercial trucks (over 10,000 pounds) V stay overnight in front of 1769 Heard Roosters and/or Chickens from 1769 Seen police cars at 1769 Seen many litters of cats from 1769 throughout the neighborhood Using Toyon drive as a soccer and football ` playground. 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Heard children banging on Piano in carport Seen couch up, upholstered chair, and bookcase in carport. Vagrant sleeping on couch. Driveway and carport constantly filled with litter. Lotid and constant use of foul language (i.e., four letter words) Aware that cars without registration Were located on or in front of 1769 'W' �� Animal Services Department 4000 Imhoff Place Martinez,California 94553-4300 V U I ILI d Glenn E.Howell (925)335-8300C O s ta Animal Services Director :a Pablo Avenue County Pinole,California 94564-2347 (510)374-3966 October 27, 2005 John Abbott _ Activity#AC ::-027875 1775 Toyon Dr Concord CA 94520 -. ids-- --- r�cou T Dear John Abbott; You recently filed a complalntlwith the Animal Services Department regarding animal noise. phis letter is to advise you of departmental procedures for handling noise complaints and to let you know what to do if the noise continues. Our response to an animal noise complaint is as follows: 1. First Complaint — A letter was immediately sent to the animal owner at the address you provided. If' the complaint involved barking dogs, an information sheet with -possible solutions to excessive barking was included with the letter. Please allow your neighbor a reasonable amount of time to receive this information and to take action to alleviate the noise. If the noise then continues, please call this office to file a second complaint. 2. Second Complaint — An Animal Services Officer will be sent to make personal contact at the address you have provided. If dogs are not licensed as per the County Ordinance, the owner may receive a Notice to Appear (in court). 3. Third Complaint -A referral will be made to Center for Human Development (CHD) Conflict Resolution Panels. CHD will contact all parties involved and attempt to mediate a solution. 4. Subsequent complaints may be referred back to CHD if a resolution was reached or may be referred to the District Attorney's Office for possible further action. If a noise complaint is referred to'the District Attorney's Office, the County Ordinance requires two persons, complaining about animal noise, living in separate households within three hundred feet of the disturbance. You may be asked to provide times and dates of the noise. For'your convenience forms are enclosed which you may use for this purpose. PLEASE DO NOT RETURN THESE FORMS TO THE ANIMAL SERVICES DEPARTMENT. You may need these forms in the future for the District Attorney's Office. Our goal is to provide courteous and efficient service by responding as quickly as possible to noise complaints. If yo ave�rt�-quest*,Qs, please feel free to contact the Animal Services Department in Martinez 925) 335-8300 or,)n Pinole at (510) 374-3966. Sincerely, Ani ces Department rim NC Letter-Complainant Fw 10-17-03 •���� Y,y-t rev 2-9-05 f c� IINTEROFFICE Tt1Ii,MO.RAI�'BI Iti TO l�'C)IZI I7 S VVIN S Rl3SI ARCI I DMyr. i.' FROM: DRVALe-A', )tl�i�3�ET' SUBJECT:, 1769'1•CN DRIN}",CfDNCORD.CA 94538-LOAN\t':IS13I;R 0030429060 DATE:' 9/11/3006 cC: >, y CONFIDENTIAL . . I airi iv-ithhold ng my idcntity'as these:are not't ice peciple Nve,,are dealing with. attached}'au ;find;a c6py of,your deed of trust for prop",-located at 1769 Toyon Iarive; Concord,Ca T lust is not owner-occupied property,in vi Li of Section 32 of°y our'deed of trust.. ' Tl s propertcris being used-asSeeti'on,8 bausing_ The borrotiverhas,,ohtain'ed'an owner occupied rate an:their lean thercb4{defrauding `ou; tlae lender: In addition to'the fact teat this Propertyis in a terrible state of disrepair;rnakmg it an eyesore to the"neighborhood, we have had''to endure drug dealing,increased gang acti-mies;prostitution, nightly drunken parties and the like.. ShewLing Sui is the actual owner of the house and we have never ever seen her. Her.real address is 368 Edinburgh ' Street, San Fran.cisco,kA. Her real phone number is 413-586-499 . Yesterday, vits/20'66, the Concord Police came, at 1:30 am and hauled all of theoccupants>with the exception of the Grandparents await. The children were taken by separate police vchkle. By.mid day workman arrived and piled the contents of the house in front of the house as deep as the roof of"the house: I have taken phot©gralsl s ofthis which can be cc-nailed to you. By"late afternoon a.bunch of the usual suspects had rcturned land were drinking out in front of the house again. This is do 14012tioa 6 l . Section G•of your deed'of:"trust. You have the pourer to right this"wrong"Call Baur loan and help 1-15 " cleanup our netliborhood. : Think vou_. I l Yahoo! Mail - lenahat@yahoo.com Page I of 1 <R, I L Print-Close Window Date: Tue, 24 Oct 2006 09:29:25 -0700 (PDT) From: "TIM LENAHAN" <lenahat@yahoo.com> Subject: Letter to the Editor of the Contra Costa Times To: letters@cctimes.com Stated below is my letter to the editor Titled "Section 8 in Concord" A few years ago, a house in our established neighborhood near downtown Concord was sold to an individual who does not live in Concord. She rented the house to Section 8 tenants. The tenants consist of 4 adults and 3 children. They brought a rooster, chickens, pit bulls (without collars) and cats. Soon followed by broken down cars where they placed their garbage on top. A couch was in the drive way, where people slept on over night. All of the noise problems in our neighborhood come from this house. Their animals and children run through the streets unsupervised. This is surprising since none of the adults, who appear in good health, ever worked, except one recently. Between the Section 8 subsidy and the other government aid and handouts, this family is able to live well in a $500, 000 house. Many of our neighbors have made numerous calls to various agencies citing a multitude of violations. The city also notified the owners to no avail. Finally, early one Sunday morning 6 police cars were at their house with members from 3 different government agencies. However, I am told that if the tenants take care of all of their violations, all is forgiven and there are no consequences to the Section 8 tenants or the landlord. Some of our established neighbors have finally given up the battle and are selling their homes. Our experience has been Section 8 tenants dramatically lower the quality of the neighborhood. Tim Lenahan 1418 Whitewood Place Concord, CA Day time phone number (415) 247-3397 Do You Yahoo! ? Tired of spam? Yahoo! Mail has the best spam protection around http://us.f5l6.mail.yahoo.com/ym/ShowLetter?box=l769ToyonDrive&Msgld=7365 33486... 11/14/06 Page 1 of 1 Lenahan, Tim From: Lenahan,Tim Sent: 10/25/2006 1:28 PM To: 'dist4@bos.cccounty-cg5' Subject: Serious Problems at 9 76r�Toyon Drive in Concord Attachments: Concord1769CCT.doc; concordpd.doc My name is Tim Lenahan. My wife and I have been home owners in Concord for the past 20 years. I've attached the letter I sent to the Contra Costa Times on October 24 describing the situation at 1769 Toyon Drive. It is a summary of the overwhelming number of complaints and disturbances from this house in our neighborhood. My neighbors have made many calls to the Concord Police Department and Concord Preservation. I have been dealing with Lt. Jim Lardieri of Concord Police Department and Arnel Jaime of the Concord Preservation for over a year with regard to the numerous violations and disturbances from the house at 1769 Toyon Drive. Even with the hard work by Lt. Jim Lardieri, Arnel,and other agencies,the problems continue. The renters of the home at 1769 Toyon are Section 8 tenants. No one from Section 8 has returned my calls, so I have only been hearing indirectly from Lt. Jim and Arnel about their conversations with Sec. 8 Housing. Since the tenants of 1769 moved in four years ago,we have had more social misfits (to put it kindly) in our neighborhood,. Our neighborhood also has been inundated with prostitutes (please see the attached letter from our neighbors to Chief Livingston, Chief of Police, dated August 30, 2006). Many of our neighbors continue to complain about the prostitutes. However, as bad as this problem has been, the problems with the tenants at 1769 Toyon are worse. Please contact me at my home (925) 687-8267,work (415) 247-3397, or via e-mail at LENAHAT«YAHOO.COI_I_ so we can plan a meeting with my neighbors to discuss solutions to this serious problem. Also, please give me your fax number so I can fax you the numerous pages of detailed complaints from many of our neighbors'(signed, dated, and with their addresses) so you will understand the extent of the problems. Please help us take back our'neighborhood before it is too late. Thank you for your prompt assistance. Tim Lenahan (with input from many of my neighbors) 1418 Whitewood Place Concord, CA 11/14/06