Title
Resolution to Approve Amendment to the Housing Choice Voucher Administrative Plan Regarding Denial of Assistance Waiver for Criminal Activity
Memorandum
HUD provides the primary source of PHA policy through federal regulations, HUD Notices and Handbooks. Compliance with federal regulations, current HUD Notices and HUD Handbooks is mandatory. In addition, HUD requires all PHAs to adopt an Administrative Plan for the Voucher Program. The purpose of this memorandum is to request board approval for changes to the Administrative Plan for Chapter 3 Part III.E regarding Denial of Assistance.
HUD has mandatory reasons for denying assistance to new families and HUD gives housing authorities the option for additional reasons for denying assistance to new families. HUD has published the attached PIH Notice 2015-19 to encourage Housing Authorities to adopt admission policies that “emphasize the importance of providing second chances” for formerly incarcerated individuals” and “to achieve a sensible and effective balance between allowing individuals with a criminal record to access HUD-subsidized housing and ensuring the safety of all residents of such housing”.
Consequently, AAHC staff is recommending the following amendments to Chapter 3, Section III of the Administrative Policy related to denial of assistance in track changes.
3-III.B. MANDATORY DENIAL OF ASSISTANCE [24 CFR 982.553(a)]
HUD requires the PHA to deny assistance in the following cases:
• New admissions of medical marijuana users are prohibited into the HCV programs.
• Any member of the household has been evicted from federally-assisted housing in the last 3 years for drug-related criminal activity. HUD permits, but does not require, the PHA to admit an otherwise-eligible family if the household member has completed a PHA-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).
• Currently engaged in illegal drug use or threatening activity. A PHA must prohibit admission of households with a member who:
The PHA determines is currently engaging in illegal use of a drug; or
The PHA determines that it has reasonable cause to believe that a household member’s illegal drug use, pattern of illegal drug use, abuse of alcohol, or pattern of abuse of alcohol may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.
• The PHA determines that any household member is currently engaged in the use of illegal drugs.
PHA 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.
PHA Policy
In determining reasonable cause, the PHA will consider all credible evidence, including but not limited to, any record of convictions, arrests, 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. The PHA 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.
PHA Policy
• The PHA will not admit an otherwise-eligible family who was evicted from federally-assisted housing within the past three years for drug-related criminal activity unless the person who committed the crime has completed a PHA-approved drug rehabilitation program or the circumstances which led to eviction no longer exist.
In making its decision to deny assistance, the PHA will consider the factors discussed in Section 3-III.E. Upon consideration of such factors, the PHA may, on a case-by-case basis, decide not to deny assistance.
3-III.C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE
HUD permits, but does not require, the PHA to deny assistance for the reasons discussed in this section.
Criminal Activity [24 CFR 982.553]
HUD permits, but does not require, the PHA 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.
PHA Policy
The PHA has no additional criteria for denial of assistance due to criminal activity.
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].
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; 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 the PHA (including a PHA employee or a PHA contractor, subcontractor, or agent).
Immediate vicinity means within a three-block radius of the premises.
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 arrests for drug-related or violent criminal activity within the past 5 years.
A conviction for drug-related or violent criminal activity will be given more weight than an arrest for such activity.
In making its decision to deny assistance, the PHA will consider the factors discussed in Section 3-III.E. Upon consideration of such factors, the PHA may, on a case-by-case basis, decide not to deny assistance.
Previous Behavior in Assisted Housing [24 CFR 982.552(c)]
HUD authorizes the PHA to deny assistance based on the family’s previous behavior in assisted housing:
PHA Policy
The PHA 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.
The PHA will may deny assistance to an applicant family if:
The family does not provide information that the PHA or HUD determines is necessary in the administration of the program.
The family does not provide complete and true information to the PHA.
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 PHA in connection with the HCV, Certificate, Moderate Rehabilitation or public housing programs, unless the family repays the full amount of the debt within 30 days of being selected from the waiting list. This includes if the family has not reimbursed any PHA for amounts the PHA paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease, and includes if the family has breached the terms of a repayment agreement entered into with the PHA.
A family member has engaged in or threatened violent or abusive behavior toward PHA personnel.
Abusive or violent behavior towards PHA 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, the PHA will consider the factors discussed in Section 3-III.E. Upon consideration of such factors, the PHA may, on a case-by-case basis, decide not to deny assistance.
3-III.D. SCREENING
Screening for Eligibility
PHAs are authorized to obtain criminal conviction records from law enforcement agencies to screen applicants for admission to the HCV program. This authority assists the PHA in complying with HUD requirements and PHA 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].
PHA Policy
The PHA may will perform a criminal background check through local law enforcement for any adult household member if the PHA has reason to believe criminal history may exist.
If the results of the criminal background check indicate that there may be past criminal activity, but the results are inconclusive, the PHA may request additional information, such as police reports detailing the circumstances of the arrest, witness statements, and other relevant documentation to assist them in making a determination that disqualifying conduct occurred. Reliable evidence of a conviction for criminal conduct that would disqualify an individual for tenancy may also be the basis for determining that the disqualifying conduct in fact occurred.a fingerprint card and will request information from the National Crime Information center (NCIC).
PHAs 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)].
PHA Policy
The PHA will use the DRu Sjodin National Sex Offender database to screen applicants for admission.
Additionally, PHAs must ask whether the applicant or any member of the applicant’s household is subject to a lifetime registered sex offender registration requirement in any state [Notice 2012-28].
If the PHA proposes to deny assistance based on a criminal record or on lifetime sex offender registration information, the PHA must notify the household of the proposed action and must provide the subject of the record and the applicant 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)].
Staff
Prepared and approved by Jennifer Hall, Executive Director
Body
WHEREAS, HUD allows Housing Authorities to adopt policies to deny admittance to households in addition to mandatory HUD denial policies;
WHEREAS, HUD is encouraging Housing Authorities to provide second chances to incarcerated individuals to achieve a sensible and effective balance between allowing individuals with a criminal record to access HUD-subsidized housing and ensuring the safety of all residents of such housing;
WHEREAS, the AAHC recommends amending Chapter 3, Part III, B-D to increase opportunities for previously incarcerated individuals to live in subsidized housing by reducing barriers to admission;
RESOLVED, that the Ann Arbor Housing Commission Board approve the Housing Choice Voucher Administrative Plan amendment to Chapter 3 Part III, B-D regarding circumstances to consider when denying assistance to tenants under optional denial policies, to take effect on October 1, 2016.