HomeMy WebLinkAboutMINUTES - 02122008 - SD.3 (2) HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA C7�
TO: BOARD OF COMMISSIONERS
FROM: Joseph Villarreal, Executive Director
DATE: February 12, 2008
SUBJECT: SECTION 8 ADMINISTRATIVE PLAN REVISIONS
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
APPROVE revisions to the Section 8 Administrative Plan concerning Denial of Admission.
ll. FINANCIAL IMPACT.-
None.
MPACT:None. Resources will be provided from existing HUD funds.
III. REASONS FOR RECOMMENDATION/BACKGROUND
At its December 18, 2007 public meeting, the Housing Authority of Contra Cost County Board of
Commissioners approved the revised Section 8 Administrative Plan which co ained a rovision limited
CONTINUED ON ATTACHMENT: X YES SIGNATURE /41#,", //A
Joseph it L-
rreal,Executive Director
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON �� o`��1d� 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.
ATTESTEDL!
JOSEPH VILLARREAL, SECRETARY
OF
Cc: CAO Office THE BOARD OF COMMISSIONERS
AND EXECUTIVE DIRECTOR
B TY
C:\Documents and Settings\kajohnson\Desktop\HAB_BO_KJ_2_6_08.doc
the Authority's review of criminal history information to those criminal activities occurring one year prior to
the date of initial screening. In considering whether to review criminal history information for a five year
period prior to screening, the Board requested staff provide additional information concerning the practice
of other housing authorities in screening Section 8 applicants for comparison and consideration.
Additionally, the Board requested further clarification on the use of arrests (rather than convictions) as
evidence of criminal activity justifying a decision to deny assistance and their ability to expand criminal
background screening beyond one year.
The Department of Housing and Urban Development has established a comprehensive system for
screening applicants for admission into Section 8 Housing Choice Voucher Programs. Current regulations
prohibit admission into the program of applicants who have been convicted of certain specified offenses or
where an applicant has been evicted from federal housing based on criminal activity. Additionally, HUD's
regulations related to criminal activity are based on the following definitions..
• The term "drug" is a controlled substance as defined in 21 U.S.C. § 802(6).
• Drug-related criminal activity means the illegal manufacture, sale, distribution, or use of a
drug, or the possession of a drug with intent to manufacture, sell, distribute or use the
drug.
• Violent criminal activity means any criminal activity that has as one of its elements the use,
attempted use, or threatened use of physical force substantial enough to cause, or be
reasonably likely to cause, serious bodily injury or property damage. '
• Currently engaged is defined as criminal activity engaged in recently enough to justify a
reasonable belief that the behavior is current.
Circumstances Under Which The Authority Is Required To Deny Assistance
HUD regulations governing eligibility for admission into the Section 8 Housing Choice Voucher
Program are contained in 24 C.F.R. § 982. et seq. Current HUD regulations require PHAs' to deny
assistance based on criminal activity, primarily those criminal activities involving illegal drugs. Specifically,
a PHA must deny assistance when:
1. A household member has been evicted from federally assisted housing for drug-related
criminal activity in the past three years;sa
2. Any member of the household is subject to a lifetime registration requirement under a State
sex offender registration program. Here, the PHA is required to conduct a criminal background
check that includes a criminal history background check in the state where the housing is located
and any other states where the household member is known to have resided; 5
3. Any household member has been convicted of manufacturing or producing methamphetamine
on the premises of federally assisted housing,
4. The Authority determines that any household member is currently engaged in the use of illegal
drugs, ' and,
' 24 C.F.R. § 5.100 (2008)
2 24 C.F.R § 5.855(c)(2)(2008)
324 C.F.R. § 982.553(a)(1)(i) (2008)
4 A PHA may admit the household if it determines that the evicted household member who engaged in drug-related
criminal activity has successfully completed a supervised drug rehabilitation program approved by the PHA or that the
circumstances that led to the prior eviction, i.e. criminal activity of a household member, no longer exist. (e.g. the
criminal household member is incarcerated. 24 C.F.R. § 982.553 (a)(1)(i)(A)(B) (2008).
5 24 C.F.R. § 982.553 (a)(2)(i) (2008)
6 24 C.F.R. §982.553(a)(ii(C) (2008)
24 C.F.R. §982.553(a)(ii)(A) (2008)
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5. The Authority has reasonable cause to believe that any household member's current use or
pattern of use of illegal drugs, or current abuse or pattern of abuse of alcohol, may threaten the
health, safety, or right to peaceful enjoyment of the premises by other residents.8
Circumstances Under Which The Authority Has Discretion to Admit or Deny Assistance
The Authority may, but is not required to, prohibit admission of an applicant household if the
Authority determines that any member is currently engaged in, or has engaged in during a reasonable time
before admission:
1. Drug-related criminal activity;9
2. Violent criminal activity;10
3. Other criminal activity which may threaten the health, safety, or right to peaceful enjoyment
of the premises by other residents or persons residing in the immediate vicinity;" or
4. Other criminal activity which may threaten the health or safety of the owner, property
management staff, or persons performing a contract administration function or responsibility on behalf of
the PHA (including a PHA employee or a PHA contractor, subcontractor or agent).t2
Existing HUD regulations do not restrict a PHA's ability to review an applicant's criminal background
to any particular period of time. Instead, a PHA's discretion to prohibit admission of an applicant is limited
to criminal activities in which a member of an applicant household currently engaged or was engaged in
durin a "reasonable" time preceding admission and leaves the determination of what is "reasonable" to the
PHA. 3 Additionally, if a member of an applicant household is a convicted sex offender subject to a lifetime
registration requirement, HUD prohibits admission of that member regardless of when the member was
convicted.
The current Section 8 Administrative Plan limits consideration of criminal activity to that which
occurs one year preceding an application for admission. As such, the "reasonable period of time" is
necessarily limited to one year preceding an application for admission. The question now before the Board
is whether it is reasonable to consider an applicant household's criminal activities in the five years prior to
admission or whether there is some other period of time the Board considers "reasonable." However,
whatever period of time is determined reasonable for purposes of screening for current or recent criminal
activity, the Authority must continue to deny assistance in accordance with HUD regulations (e.g. sex
offenders subject to lifetime registration).
Summary of Survey Results
Staff surveyed twenty-four agencies, including some operated in other states, to determine the
extent to which the criminal history of an applicant was used in the initial screening process. Generally,
agencies considered convictions occurring three to ten years prior to the date an applicant is called from
the wait list. A total of thirteen agencies review the applicant's criminal history in the five years preceding
the application, while only five agencies limit review to three years. Two agencies check criminal history for
the past ten years while one sets no limit on how far back they will utilize criminal records. The remaining
four agencies used mixed criteria, screening some crimes for a shorter period than others.
8 24 C.F.R. § 982.553(a)(ii)(B) (2008)
9 24 C.F.R. § 982.553(a)(2)(ii)(A)(1) (2008)
10 24 C.F.R. § 982.553(a)(2)(ii)(A)(2) (2008)
11 24 C.F.R. § 982.553(a)(2)(ii)(A)(3) (2008)
12 24 C.F.R. § 982.553(a)(2)(ii)(A)(4) (2008)
13 24 C.F.R § 982.553 (a)(2)(ii)(B) (2008)
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Based on these results and current HUD regulations, staff has determined that it is reasonable to
consider criminal activity occurring in the five years preceding an application for admission into the
Program.
Consideration of Arrests for Prohibited Criminal Conduct
Regulations governing the use of records of criminal records are found in 24 C.F.R. § 5.903.
Generally, a PHA may obtain criminal conviction records from a law enforcement agency for purposes of
screening applicants for admission into the Section 8 Housing Choice Voucher Program. 14 Under California
law, local law enforcement is limited in the type and scope of information it may provide. The statutory
scheme is complex but can be generally summarized as 1) permitting local law enforcement to provide
records of convictions only 2) limiting reportable convictions based on the type of offense; 3) limiting the
history to five or ten years, depending on the type of offense and applicability of related statutory
requirements.15
The Authority considers all relevant circumstances in determining whether to deny assistance.
Relevant circumstances include the seriousness of the offense, the extent of participation or culpability of
individual family members, mitigating circumstances related to the disability of a family member and the
effect of denial or termination of assistance on other family members who were not involved in the action or
failure to act. 16 Additionally, evidence of rehabilitation or mitigating circumstances is sufficient when the
household member submits a certification that she or he is not currently engaged in and has not engaged
in such criminal activity during the specified period and the Authority has verified applicant provided
information from such sources as a probation officer, a landlord, neighbors, social service agency workers
and criminal records. "
While local law enforcement is prohibited from providing summary criminal history, the Authority
may receive arrest information from publicly available documents. When such arrest information is
received, staff proposes that, during initial screening, consideration be given to arrests but only those
arrests that: 1) concern criminal activity related to illegal drug possession or use; 2) occur no more than six
months prior to the initial screening; and, 3) are used only for purposes of determining whether any
household member is currently engaged in the use of illegal drugs. Permitting the use of arrest data in
these limited circumstances enables the Authority to consider all potentially relevant information when
satisfying HUD requirements mandating the Authority deny assistance to an applicant if any household
member is currently engaged in the use of illegal drugs.
Based on current HUD regulations and guidelines, staff recommends the Authority approve the
changes to the Administrative Plan section on Denial of Assistance as set forth in Attachment 2. The
recommended policy permits the Authority to review and consider an applicant's convictions for criminal
activities that occur up to 5 years prior to the date of initial screening. Arrest information would be
considered only to the extent it is relevant to a determination that a household member is currently engaged
in a prohibited activity.
IV. CONSEQUENCES OF NEGATIVE ACTION
Should the Board of Commissioners elect not to approve these revisions, HACCC will continue its
current policy of screening for one year.
14 See 42 U.S.C. § 1437(d)(q)(1)(A): ". . . [T]he National Crime Information Center, police departments, and other law
enforcement agencies shall, upon request, provide information to public housing agencies regarding the criminal
conviction records of adult applicants for, or tenants of, covered housing assistance for purposes of applicant
screening, lease enforcement, and eviction."
15 Cal. Penal Code §11105.03(a)
16 24 C.F.R. 5.852 et seq.
17 24 C.F.R. 5.855(c)(1)(2008)
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PART III: DENIAL OF ASSISTANCE
3-III.A. OVERVIEW
A family that does not meet the eligibility criteria discussed in Parts I and II,must be
denied assistance.
In addition,HUD requires or permits ZHAs to deny assistance based on certain types of Deleted:HACCC
current or past behaviors of family members.
Forms of Denial [24 CFR 982.552(a)(2);HCV GB,p. 5-351
Denial of assistance includes any of the following:
• Not placing the family's name on the waiting list,
• Denying or withdrawing a voucher,
• Not approving a request for tenancy or refusing to enter into a HAP contract,or
• Refusing to process a request for or to provide assistance under portability
procedures.
Prohibited Reasons for Denial of Assistance f 24 CFR 982.202(b)l Deleted:rules prohibit
HUD rod hibits denial of assistance to the program based on any of-the-following criteria:
• Age,disability,race,color,religion,sex,or national origin.(See Chapter 2 for
jadditional information about fair housing and equal opportunity requirements.) Deleted:
• Where a family lives prior to admission to the program
• Where the family will live with assistance under the program. Although eligibility is
dot affected by where the family will live,there may be restrictions-o-
n the family's Deleted:
ability to move outside HACCC's jurisdiction(See Chapter 10,Portability.)
• Whether members of the family are unwed parents,recipients of public assistance,or
children bornout of wedlock Deleted:
--------------- - - - -
• Whether the family includes children
• Whether a family decides to participate in a family self-sufficiency program
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3-I11.13. MANDATORY DENIAL OF ASSISTANCE[24 CFR 982.553(a)] Deleted:HACCC
HUD requires,PHAS to deny assistance in the following cases:
• Any member of the household has been evicted from federally-assisted housingtin the- Deleted:Who
last three years(althoughthe period can be Ionizer)for drug-related criminal activity. Formatted:space Before: 6 pt,
HUDermits but does no re uire, HAs to admit anotherwise-eligible familyif the Bulleted+Level: 1+Aligned at: 0"
p ' ------------------------------- - - +Tab after: 0.25"+Indent at:
household member has,completed gn approved drug rehabilitation program or the 0.25",Tabs: 0.25",Left+ 0.5",List
circumstances which led to eviction no longer exist(e.g.,the person involved in the tab+Not at 0.75"+ 1"
criminal activity po longer er lives in the household). Deleted:¶
g -- -------- ----------- ----
Deleted:¶
HACCC Policyj_HACCC will admit an otherwise-eligible family who was evicted Deleted:HACCC
th
from federally-assisted housing within e past 1ve years for drug-related criminal Deleted:9
activity, ifPACCC is able to verify that the_household member who engaged in the Deleted:a HACCC-
criminal activity has completed a supervised drug rehabilitation program approved by Deleted:¶
HACCC,or the person who committed the crime, is no longer living in the
household. Deleted:¶
Formatted:Indent:Left: 0.25",
Tabs: Not at 0.25"
• The PHA determines that anhsehold member-is currentlyengaged_In the use of - ---
- - y oumem - - -- -- - - - -- ---- -- --
illegal drugs. Deleted:� —�
Deleted:three
HACCC Policy Currently engaged in is defined as any use of illegal drugs during the-- Deleted:¶
previous six months. Deleted:HACCC
Formatted:Bulleted+Level: 1+
Aligned at: 0"+Tab after: 0.25"+
• The PHA has reasonable cause to believe that any_household member's current use o>:- Indent at: 0.25"
pattern of use of illegal drugs,o-r current abuse or pattern of abuse of alcohol,may, Formatted:Indent:Left: 0.25"
threaten the health,safety,or right to peaceful enjoyment of the premises by other( Dem:HACCC
residents.
Formatted:Bulleted+Level: 1+
HACCC Policy n determinin reasonable cause HACCC will consider all credible • Aligned at: 0"+Tab after: 0.25"+
-g - --------------------------------------------- --... Indent at: 0.25"
evidence, including but not limited to,any record of convictions,recent arrests ---------�
(within the previous six months),or evictions of household members related to the Deleted:¶
use of illegal drugs or the abuse of alcohol.A conviction will be given more weight Deleted:¶
than an arrest. HACCC will also consider evidence from treatment providers or Deleted`¶
community-based organizations providing services to household members. Formatted:Indent:Left: 0.25"
Deleted:
• Any household member has ever been convicted of drug-related criminal activity fo; • Dm, ;Bulleted+Level: 1+
the production or manufacture of methamphetamine on the premises of federally, Aligned at: 0"+Tab after: 0.25"+
assisted housing. Indent at: 0.25"
Deleted:¶
• Any household member is subject to a lifetime registration requirement under a state Deleted:¶
sex offender_registration program Formatted:Indent:Left: 0",
Hanging: 0.25",Bulleted+Level: 1
+Aligned at: 0.06"+Tab after:
0.56"+Indent at: 0.56"
Deleted:¶
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3-III.C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE
Deleted:HACCC
HUD permits,but does not require,THAs to deny assistance for the reasons discussed in
this section.
- -
Criminal Activity[24 CFR 982.5531
HUD permits,but does not require,ZL As to deny assistance if hj Deleted:HACCC
a PHA determines that
Deleted:HACCC
any household member is currently engaged in,or has engaged in during a reasonable
time before the family would receive assistance,certain types of criminal activity.
HACCC Policy jfany household member is currently engaged in,or has_eRaged in any Deleted:
of the following criminal activities,within the past five years,the family will be denied
assistance:
• Drug-related criminal activity,defined by HUD as the illegal manufacture, sale, Formatted:Bulleted+Level:1+
distribution,or use of a drug,or the possession of a drug with intent to manufacture, Aligned at: 0"+Tab after: 0.25"+
sell,distribute or use the drug[24 CFR 5.100]. Indent at: 0.25"
• Violent criminal activity,defined by HUD as any criminal activity that has as one of
its elements the use, attempted use,or threatened use of physical force substantial
enough to cause,or be reasonably likely to cause, serious bodily injury or property
damage[24 CFR 5.100]. No applicant who has been a victim of domestic violence,
dating violence or stalking will be denied assistance if they are otherwise qualified for
the program.
Criminal activity that may threaten the health, safety,or right to peaceful enjoyment Formatted:Indent:Left: 0.25'
of the premises by other residents or persons residing in the immediate vicinity
(Immediate vicinity means within a three-block radius of the premises);or
Criminal activity that may threaten the health or safety of property owners and - Formatted:Bulleted+Level:1+
management staff,and persons performing contract administration functions or other Aligned at: 0"+Tab after: 0.25"+
responsibilities on behalf of HACCC(including an HACCC employee or an HACCC Indent at: 0.25"
contractor,subcontractor,or agent).
Deleted:Immediate vicinity means
JEvidence of such criminal activity includes,but is not limited to: within a three-block radius of the
--- - -----------
premises.1
Any conviction for drug-related or violent criminal activity within the past 5 years. Formatted:Bulleted+Level: 1+
Aligned at: 0"+Tab after: 0.25"+
any record of eviction from public or privately-owned housing as a result of criminal Indent at: 0.25'
activity within the past 5 years. Deleted:Any attests for drug-related or
violent criminal activity within the past 5
_ making its decision to deny assistance,HACCC will consider the factors discussed_in years.¶
Section 3-III.E.Upon consideration of such factors,HACCC may,on a case-by-case Deleted:A conviction fo7sih
basis,decide not to deny assistance. or violent criminal activity more weight than an arrest
activity.¶
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Previous Behavior in Assisted Housing[24 CFR 982.552f c�] Deleted:
HUD authorizes THAs to deny assistance based on the family's previous behavior in DNS:HACCC
assisted housing:
- ------- -------- -- ------------------- ---
HACCC Policy)4ACCC will_not deny assistance to an otherwise eligible family because Deleted:
the family previously failed to meet its obligations under the Family Self-Sufficiency
(FSS)program or the Welfare to Work voucher program(because these are optional
programs).
HACCC will deny assistance to an applicant family if-
• The family does not provide information that HACCC or HUD determines is Formatted:Bulleted+Level:I+
necessary in the administration of the program. Aligned at: 0"+Tab after: 0.25"+
Indent at: 0.25"
The family does not provide complete and true information to HACCC.
Any family member has been evicted from federally-assisted housing in the last fiye Deleted:dvx
years.
Any Housing Authority has ever terminated assistance under the program for any
member of the family.
e Any family member has committed fraud,bribery,or any other corrupt or criminal
act in connection with any federal housing program.
• The family owes rent or other amounts to any Housing Authority in connection with
the HCV,Certificate,Moderate Rehabilitation or public housing programs,unless the
family repays the full amount of the debt prior to being selected from the waiting list.
• If the family has not reimbursed any Housing Authority for amounts the Housing
Authority paid to an owner under a HAP contract for rent,damages to the unit,or
other amounts owed by the family under the lease,unless the family repays the full
amount of the debt prior to being selected from the waiting list.
• The family has breached the terms of a repayment agreement entered into with
HACCC,unless the family repays the full amount of the debt covered in the
repayment agreement prior to being selected from the waiting list.
• A family member has engaged in or threatened violent or abusive behavior toward
HACCC personnel.
Abusive or violent behavior towards HACCC personnel includes verbal as well as Formatted:Indent:Left: 0.5"
physical abuse or violence.Use of racial epithets,or other language,written or
oral,that is customarily used to intimidate may be considered abusive or violent
behavior.
Threatening refers to oral or written threats or physical gestures that communicate
intent to abuse or commit violence.
In making its decision to deny assistance, HACCC will consider the factors discussed in
Section 3-III.E. Upon consideration of such factors,HACCC may,on a case-by-case
basis,decide not to deny assistance. Formatted:Centered
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MILD. SCREENING
ScreeningfoEligibility
Deleted:Housing Authorities
THAs are authorized to obtain criminal conviction records from law enforcement
--- --------------------------------------------- ------- --- --------------------------- -------------
agencies to screen applicants for admission to the HCV program.This authority assists
X—in complying with HUD requirements and ocal_policies to deny assistance to Deleted:HACCC
applicants who are engaging in,or have engaged in certain criminal activities.In order to Deleted:HACCC
obtain access to the records h a PHA must require every applicant family to submit a Deleted:HACCC
consent form signed by each adult household member[24 CFR 5.903].
HACCC PolicyHACCC will_perform_a criminal background check for every adult Deleted:.
household member through private contractors authorized to perform such work and/or
local law enforcement agencies.
Housing Authorities are required to perform criminal background checks necessary to
determine whether any household member is subject to a lifetime registration
requirement under a state sex offender program in the state where the housing is located,
as well as in any other state where a household member is known to have resided[24
CFR 982.553(a)(2)(i)].
If HACCC proposes to deny assistance based on a criminal record or on lifetime sex
offender registration information,the Applicant must be notified of the proposed action Deleted:Housing Authority must
— -an
and must be provided a copy of the record and an opportunity to dispute the accuracy d notify the household
relevance of the information prior to a denial of admission. [24 CFR 5.903(f)and Deleted:provide the subject ofthe
5.905(d)]. record and the applicant
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Screening for Suitability as a Tenant 124 CFR 9823011
AHDA has_no liability_or responsibility to the owner for the family's behavior or Deleted:Housing Authority
suitability for tenancy.A PHA may opt to conduct additional screening to determine Deleted:The Housing Authority
whether an applicant is likely to be a suitable tenant.
HACCC Policy HACCC will not conduct additional screening to determine an applicant
family's suitability for tenancy.
The owner is responsible for screening and selection of the family to occupy the owner's
unit.The Housing Authority must inform the owner that screening and selection for
tenancy is the responsibility of the owner.An owner may consider a family's history with
respect to factors such as: payment of rent and utilities,caring for a unit and premises,
respecting the rights of other residents to the peaceful enjoyment of their housing,
criminal activity that is a threat to the health, safety or property of others,and compliance
with other essential conditions of tenancy.
HUD requires HACCC to provide prospective owners with the family's current and prior
address(as shown in HACCC records)and the name and address(if known)of the owner
at the family's current and prior addresses.HACCC will not provide any additional
Deleted: HACCC will provide the
information to the owner, such as tenancy history,criminal history,etc., serve types of information to all families
and to all owners.
HACCC Policy HACCC will inform owners of their responsibility to screen prospective
tenants, and will provide owners with the required known name and contact information,
at the time of the initial HQS inspection or before. HACCC will not provide any
additional information to the owner,such as tenancy history,criminal history,etc.unless
it is a matter of public record. No confidential information may be released `Deleted:
HACCC must give all applicants a statement of its policy on providing,information to
owners.The statement must be included in the briefing packet. HACCC must provide the
same types of information to all owners.
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3-III.E. CRITERIA FOR DECIDING TO DENY ASSISTANCE
Evidence f24 CFR 982.55Uc)] Deleted:M
HACCC Policy HACCC will use the concept of the preponderance of the evidence as Deleted:
the standard for making all admission decisions.
Preponderance of the evidence is defined as evidence which is of greater weight or more
convincing than the evidence which is offered in opposition to it;that is,evidence which
as a whole shows that the fact sought to be proved is more probable than not.
Preponderance of the evidence may not be determined by the number of witnesses,but by
the greater weight of all evidence.
Consideration of Circumstances f24 CFR 982.552f c)(2)] Deleted:cs
HACCC Policy PUD authorizes ZHAs to consider all relevant circumstances when Deleted:
deciding whether to deny assistance based on a family's past history except in the Deleted:HACCC
situations for which denial of assistance is mandated(see Section 3-III.13).
HACCC will consider the following factors prior to making its decision:
• The seriousness of the case,especially with respect to how it would affect other Formatted:Bulleted+Level: 1+
residents and/or neighbors. Aligned at: 0"+Tab after: 0.25"+
Indent at: 0.25"
• The effects that denial of assistance may have on other members of the family who
were not involved in the action or failure.
• The extent of participation or culpability of individual family members, including Deleted:
whether the culpable family member is a minor or a person with disabilities
• The length of time since the violation occurred,the family's recent history and the Deleted:
likelihood of favorable conduct in the future,
• In the case of drug or alcohol abuse,whether the culpable household member is
participating in or has successfully completed a supervised drug or alcohol
rehabilitation program or has otherwise been rehabilitated successfully,
• HACCC will require the applicant to submit evidence of the household member's
current participation in or successful completion of a supervised drug or alcohol
rehabilitation program,or evidence of otherwise having been rehabilitated
successfully.
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Removal of a Family Member's Name from the Application[24 CFR 982.5524c)(2)(ii)1 Deleted:Q(
HUD permits Housing Authorities to impose as a condition of admission a requirement
that family members who participated in or were culpable for an action or failure to act
which results in the denial of assistance,not reside in the unit.
HACCC Policy --------- ----
.As a condition of receiving assistance,a family may agree to remve the Deleted:
culpable family member from the application. In such instances,the head of household
must certify that the family member will not be permitted to visit or to stay as a guest in
the assisted unit.
After admission to the program,the family must present evidence of the former family Deleted:upon
member's current address aHACCC upon request.
Reasonable Accommodation[24 CFR 982.552(c)(2)(iv)1 Deleted:A
If the family includes a person with disabilities,4ecisions concerning denial of admission Deieted:HACCC's decision
rhe subject to consideration of reasonable accommodation in accordance with24 CFR Deleted:is
- ---- - --- - ------ ------------------------
Part 8.
HACCC Policy jf the family indicates that the behavior of ainember with a disability is Deleted:
the reason for the proposed denial of assistance,HACCC will determine whether the Deleted:f—iy
behavior is related to the disability. If so,upon the family's request,the Authority will Deleted:HACCC
determine whether alternative measures are appropriate as a reasonable accommodation.
HACCC will only consider accommodations that can reasonably be expected to address
the behavior that is the basis of the proposed denial of assistance. See Chapter 2 for a
discussion of reasonable accommodation.
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3-III.F.NOTICE OF ELIGIBILITY OR DENIAL
If the family is eligible for assistance,HACCC will notify the family when it extends the
invitation to attend the voucher briefing appointment,as discussed in Chapter 5.
If HACCC determines that a family is not eligible for the program for any reason,the
family must be notified promptly. The notice must describe: (1)the reasons for which
assistance has been denied,(2)the family's right to an informal review,and(3)the
process for obtaining the informal review[24 CFR 982.554(a)]. See Chapter 16,for
informal review policies and procedures.
HACCC Policv The family will be notified of a decision to deny assistance in-writing_ Deleted:
within 14 calendar days of the determination.
If HACCC uses a criminal record or sex offender registration information obtained under
24 CFR 5, Subpart J,as the basis of a denial,a copy of the record must precede the notice
to deny,with an opportunity for the applicant to dispute the accuracy and relevance of the
information before HACCC can move to deny the application. In addition,a copy of the
record must be provided to the subject of the record[24 CFR 5.903(f)and 5.905(d)].
HACCC must give the family an opportunity to dispute the accuracy and relevance of
that record, in the informal review process in accordance with program requirements[24
CFR 982.553(d)].
HACCC Policyjfbased_on a criminal record or sex offender registration information,an Deleted:
applicant family appears to be ineligible HACCC will notify the family in writing of the
proposed denial and provide a copy of the record to the applicant and to the subject of the
record.The family will be given en business days to dispute the accuracy and relevance Deleted:io
of the information. If the family does not contact HACCC to dispute the information
within that period,HACCC will proceed with issuing the notice of denial of admission.A
family that does not exercise their right to dispute the accuracy of the information prior to
issuance of the official denial letter will still be given the opportunity to do so as part of
the informal review process.
Notice requirements related to denying assistance to noncitizens are contained in Section
3-II.B.
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ADDENDUM TO HOUSING AUTHORITY ITEM SD.3
FEBRUARY 12,2008
On this date the Board discussed revisions to the Section 8 Administrative Plan related to
the Housing Authority's discretion in the use of criminal conviction records to deny
admission into the Section 8 program.
Joseph Villarreal, Executive Director of the Contra Costa County Housing Authority,
gave a brief presentation of the information obtained from other agencies that rely on the
criminal conviction records of applicants to deny assistance and the length of time
between conviction and the application for assistance.
Supervisor Gioia inquired as to whether the Housing Authority would consider the
rehabilitation of a household member under Section 3-III.1), Screening and Section 3-
IIIE, Criteria for Deciding to Deny Assistance,to clarify that evidence of a household
members rehabilitation, specifically participation in a court approved drug rehabilitation
program,would be considered when determining whether to deny assistance.
The provisions of the Section 8 Administrative Plan that have been revised pursuant to
the direction received at the February 12, 2008 meeting are attached to this Addendum.
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PART III: DENIAL OF ASSISTANCE
3-III.A. OVERVIEW
A family that does not meet the eligibility criteria discussed in Parts I and II,must be
denied assistance.
In addition, HUD requires or permits PHAs to deny assistance based on certain types of
current or past behaviors of family members.
Forms of Denial [24 CFR 982.552(aZ(2), HCV GB,p. 5-35J
Denial of assistance includes any of the following:
• Not placing the family's name on the waiting list,
• Denying or withdrawing a voucher,
• Not approving a request for tenancy or refusing to enter into a HAP contract, or
• Refusing to process a request for or to provide assistance under portability
procedures.
Prohibited Reasons for Denial of Assistance [24 CFR 982.202(b)]
HUD prohibits denial of assistance to the program based on any of the following criteria:
• Age, disability, race, color,religion, sex, or national origin. (See Chapter 2 for
additional information about fair housing and equal opportunity requirements.)
• Where a family lives prior to admission to the program
• Where the family will live with assistance under the program. Although eligibility is
not affected by where the family will live, there may be restrictions on the family's
ability to move outside HACCC's jurisdiction(See Chapter 10, Portability.)
• Whether members of the family are unwed parents,recipients of public assistance, or
children born out of wedlock
• Whether the family includes children
• Whether a family decides to participate in a family self-sufficiency program
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3-III.B. MANDATORY DENIAL OF ASSISTANCE [24 CFR 982.553(a)]
HUD requires PHAs to deny assistance in the following cases:
• Any member of the household has been evicted from federally-assisted housing in the
last three years (although the period can be longer) for drug-related criminal activity.
HUD permits, but does not require, PHAs to admit an otherwise-eligible family if the
household member has completed an approved drug rehabilitation program or the
circumstances which led to eviction no longer exist (e.g., the person involved in the
criminal activity no longer lives in the household).
HACCC Policy HACCC will admit an otherwise-eligible family who was evicted
from federally-assisted housing within the past five years for drug-related criminal
activity, if HACCC is able to verify that the household member who engaged in the
criminal activity has completed a supervised drug rehabilitation program approved by
HACCC, or the person who committed the crime, is no longer living in the
household.
• The PHA determines that any household member is currently engaged in the use of
illegal drugs.
HACCC Policy Currently engaged in is defined as any use of illegal drugs during the
previous six months.
• The PHA has reasonable cause to believe that any household member's current use or
pattern of use of illegal drugs, or current abuse or pattern of abuse of alcohol, may
threaten the health, safety, or right to peaceful enjoyment of the premises by other
residents.
HACCC Policy In determining reasonable cause, HACCC will consider all credible
evidence, including but not limited to, any record of convictions, recent arrests
(within the previous six months), or evictions of household members related to the
use of illegal drugs or the abuse of alcohol. A conviction will be given more weight
than an arrest. HACCC will also consider evidence from treatment providers or
community-based organizations providing services to household members.
• Any household member has ever been convicted of drug-related criminal activity for
the production or manufacture of methamphetamine on the premises of federally
assisted housing.
• Any household member is subject to a lifetime registration requirement under a state
sex offender registration program
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3-III.C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE
HUD permits,but does not require, PHAs to deny assistance for the reasons discussed in
this section.
Criminal Activity[24 CFR 982.5531
HUD permits, but does not require, PHAs to deny assistance if the PHA determines that
any household member is currently engaged in, or has engaged in during a reasonable
time before the family would receive assistance, certain types of criminal activity.
HACCC Policy If any household member is currently engaged in, or has engaged in any
of the following criminal activities, within the past five years, the family will be denied
assistance:
• Drug-related criminal activity, defined by HUD as the illegal manufacture, sale,
distribution, or use of a drug, or the possession of a drug with intent to manufacture,
sell, distribute or use the drug [24 CFR 5.100].
• Violent criminal activity, defined by HUD as any criminal activity that has as one of
its elements the use, attempted use, or threatened use of physical force substantial
enough to cause, or be reasonably likely to cause, serious bodily injury or property
damage [24 CFR 5.100]. No applicant who has been a victim of domestic violence,
dating violence or stalking will be denied assistance if they are otherwise qualified for
the program.
Criminal activity that may threaten the health, safety, or right to peaceful enjoyment
of the premises by other residents or persons residing in the immediate vicinity
(Immediate vicinity means within a three-block radius of the premises); or
• Criminal activity that may threaten the health or safety of property owners and
management staff, and persons performing contract administration functions or other
responsibilities on behalf of HACCC (including an HACCC employee or an HACCC
contractor, subcontractor, or agent).
Evidence of such criminal activity includes,but is not limited to:
• Any conviction for drug-related or violent criminal activity within the past 5 years.
• Any record of eviction from public or privately-owned housing as a result of criminal
activity within the past 5 years.
In making its decision to deny assistance, HACCC will consider the factors discussed in
Section 3-III.E. Upon consideration of such factors, HACCC may, on a case-by-case
basis, decide not to deny assistance.
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Previous Behavior in Assisted Housing [24 CFR 982.552(c)l
HUD authorizes PHAs to deny assistance based on the family's previous behavior in
assisted housing:
HACCC Policy HACCC will not deny assistance to an otherwise eligible family because
the family previously failed to meet its obligations under the Family Self-Sufficiency
(FSS)program or the Welfare to Work voucher program (because these are optional
programs).
HACCC will deny assistance to an applicant family if
• The family does not provide information that HACCC or HUD determines is
necessary in the administration of the program.
• The family does not provide complete and true information to HACCC.
• Any family member has been evicted from federally-assisted housing in the last five
years.
• Any Housing Authority has ever terminated assistance under the program for any
member of the family.
• Any family member has committed fraud,bribery, or any other corrupt or criminal
act in connection with any federal housing program.
• The family owes rent or other amounts to any Housing Authority in connection with
the HCV, Certificate, Moderate Rehabilitation or public housing programs, unless the
family repays the full amount of the debt prior to being selected from the waiting list.
• If the family has not reimbursed any Housing Authority for amounts the Housing
Authority paid to an owner under a HAP contract for rent, damages to the unit, or
other amounts owed by the family under the lease, unless the family repays the full
amount of the debt prior to being selected from the waiting list.
• The family has breached the terms of a repayment agreement entered into with
HACCC, unless the family repays the full amount of the debt covered in the
repayment agreement prior to being selected from the waiting list.
• A family member has engaged in or threatened violent or abusive behavior toward
HACCC personnel.
Abusive or violent behavior towards HACCC personnel includes verbal as well as
physical abuse or violence. Use of racial epithets, or other language, written or
oral, that is customarily used to intimidate may be considered abusive or violent
behavior.
Threatening refers to oral or written threats or physical gestures that communicate
intent to abuse or commit violence.
In making its decision to deny assistance, HACCC will consider the factors discussed in
Section 3-III.E. Upon consideration of such factors, HACCC may, on a case-by-case
basis, decide not to deny assistance.
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3-I1I.D. SCREENING
Screeningfor Eli ibgi X
PHAs are authorized to obtain criminal conviction records from law enforcement
agencies to screen applicants for admission to the HCV program. This authority assists
PHAs in complying with HUD requirements and local policies to deny assistance to
applicants who are engaging in, or have engaged in certain criminal activities. In order to
obtain access to the records the PHA must require every applicant family to submit a
consent form signed by each adult household member [24 CFR 5.903].
HACCC Policy HACCC will perform a criminal background check for every adult
household member through private contractors authorized to perform such work and/or
local law enforcement agencies. This criminal background check will be of conviction
records for the five years prior to the date of the search.
Housing Authorities are required to perform criminal background checks necessary to
determine whether any household member is subject to a lifetime registration
requirement under a state sex offender program in the state where the housing is located,
as well as in any other state where a household member is known to have resided [24
CFR 982.553(a)(2)(i)].
If HACCC proposes to deny assistance based on a criminal record or on lifetime sex
offender registration information, the applicant must be notified of the proposed action
and must be provided a copy of the record and an opportunity to dispute the accuracy and
relevance of the information prior to a denial of admission. [24 CFR 5.903(f) and
5.905(d)].
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Screening for Suitability as a Tenant [24 CFR 982.3071
A PHA has no liability or responsibility to the owner for the family's behavior or
suitability for tenancy. A PHA may opt to conduct additional screening to determine
whether an applicant is likely to be a suitable tenant.
HACCC Policy HACCC will not conduct additional screening to determine an applicant
family's suitability for tenancy.
The owner is responsible for screening and selection of the family to occupy the owner's
unit. The Housing Authority must inform the owner that screening and selection for
tenancy is the responsibility of the owner. An owner may consider a family's history with
respect to factors such as: payment of rent and utilities, caring for a unit and premises,
respecting the rights of other residents to the peaceful enjoyment of their housing,
criminal activity that is a threat to the health, safety or property of others, and compliance
with other essential conditions of tenancy.
HUD requires HACCC to provide prospective owners with the family's current and prior
address (as shown in HACCC records) and the name and address (if known) of the owner
at the family's current and prior addresses. HACCC will not provide any additional
information to the owner, such as tenancy history, criminal history, etc.
HACCC Poliey HACCC will inform owners of their responsibility to screen prospective
tenants, and will provide owners with the required known name and contact information,
at the time of the initial HQS inspection or before. HACCC will not provide any
additional information to the owner, such as tenancy history, criminal history, etc. unless
it is a matter of public record. No confidential information may be released.
HACCC must give all applicants a statement of its policy on providing information to
owners. The statement must be included in the briefing packet. HACCC must provide the
same types of information to all owners.
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