CR 96-131 Backyard Investigations - Public HousingAugust 12, 1996
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Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City Council
approve Ordinance 96 -788 for first reading.
Adoption of this motion will begin the process of amending Section 315 of the Hopkins City Code allowing
the Hopkins Police Department to conduct background investigations of public housing applicants and tenants
using information contained in the Minnesota Criminal Justice Information System.
Overview
BACKGROUND INVESTIGATIONS - PUBLIC HOUSING
The Federal government has authorized public housing agencies to request, and local police departments to
provide, criminal conviction information on applicants for, and tenants of, public housing. The purpose of
these investigations is to screen applicants, enforce leases, and, if necessary, provide information that could be
used to evict tenants.
The Federal government is primarily concerned with drug use or sale. It is also concerned about those tenants
who might abuse alcohol to the point where it interferes with the health, safety, or right of peaceful enjoyment
of the premises by other residents.
• The housing authority has to adopt policies which prohibit admitting any person to public housing, or allows
for the termination of tenancy, where there is reasonable cause to believe that a person's pattern of illegal drug
use or alcohol abuse interferes with other residents. However, before the housing authority takes any adverse
action based upon a criminal conviction record, it must give the applicant or tenant a copy of the record and
an opportunity to dispute the accuracy or relevancy of the record.
Primary Issues to Consider
• What options does the Housing and Redevelopment Authority have?
Supporting Information
• Analysis of Issues
• Alternatives
• Ordinance number 96 -788
• Notice PIH 96 -27 - Occupancy Provisions of the Housing Opportunity Program Extension Act of
1996
s A. Genellie
y Clerk
Council Report 96 -131
Analysis of Issues
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•
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Council Report 96 -131
Page 2
• What options does the Housing and Redevelopment Authority have?
If the HRA is to fully implement the policy established by the Federal government it will have to
perform criminal history checks. It can either do this by sending requests to the state Bureau of
Criminal Apprehension (BCA) or, if this ordinance is adopted, request the Hopkins Police Department
to access this information.
Alternatives
1. Adopt Ordinance number 96 -788 for first reading This will eventually allow the Hopkins Police
Department to access the information needed to perform criminal history checks on public housing
applicants and tenants.
2. Do not adopt Ordinance number 96 -788. This will require the HRA to pay a fee to the BCA for
criminal history checks.
Staff recommends Alternative #1.
•
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CITY OF HOPKINS COUNTY OF HENNEPIN
ATTEST:
James A. Genellie, City Clerk
APPROVED AS TO FORM AND LEGALITY:
ORDINANCE NO. 96 -788
AN ORDINANCE AMENDING
SECTION 315 OF THE HOPKINS CITY CODE
The City Council of the City of Hopkins does hereby ordain:
SECTION 1. That Section 315.07, Background Investigations -
Public Housing, be added to the Hopkins City Code to read as
follows:
315.10. Background Investigations - Public Housing. Upon the request of
the Director of the Housing and Redevelopment Authority, or designee, the
Police Department must provide certain criminal history data contained in the
Minnesota Criminal Justice Information System regarding the criminal
conviction records of adult applicants for, or tenants of, public housing for
purposes of applicant screening, lease enforcement, and eviction. This
information must be provided for persons 18 years of age or older, or for
those convicted of a crime as an adult. Upon request the Police Department
must provide the same information for juveniles but only to the extent that
the release of such information is authorized by state or local laws.
SECTION 2. The effective date of this ordinance shall be twenty
days after publication.
First Reading of Ordinance #96 -788:
Second Reading of Ordinance #96 -788:
Date of Publication of the Summary:
Effective Date of Ordinance:
City Attorney Signature Date
August 20, 1996
September 3, 1996
September 11, 1996
October 1, 1996
Charles D. Redepenning, Mayor
Special Attention of:
Secretary's Representatives;
State /Area Coordinators; Directors,
Public Housing Divisions; All Public
Housing and Section 8 Housing
Agencies; Resident Management
Corporations ; - All FHEO Directors,
Fair Housing Enforcement Centers;
All FHEO Directors, Program
Operations and Compliance Centers
2) Purpose
JS. Department of Housing and Urban Development
OFFICE OF POBLIC AND INDIAN HOUSING
Notice PIH 96 -27 (HA)
Issued: May 15, 1996
Expires: May 31, 1997
Cross References:
Subject: Occupancy Provisions of the Housing Opportunity Program
Extension Act of 1996
1) Overview
This Notice describes the screening, lease, and eviction
provisions that housing agencies (HAs) must adopt as a result
of the "Housing Opportunity Program Extension Act of 1996,"
which was signed into law on March 28, 1996.
HAs are to implement the provisions in this law without
awaiting HUD regulations.
These provisions are in addition to the authority HAs already
have in the areas of screening, leases, evictions, and
Section 8
This Notice focuses on the new law's Section 9, "Safety and
Security in Public and Assisted Housing." The Notice also
provides a summary of Section 10, "Public Housing Designated
for Elderly and Disabled Families." A more detailed ,
discussion of the requirements of Section 10 is being
provided in a separate HUD notice.
The purpose of this Notice is to inform HAs of the
requirements of the new law related to safety and security in
public and assisted housing, which, by the law's terms, are
already in effect. These requirements are consistent with
the Department's determination to take every reasonable step
to help HAs promote safer public and assisted housing.
PH:W -3 -1, R- 3- 1(PIH), R -6, R-7, R -9, 138 -2, 138 -3, RtkC -2, R- 3- 1(FHEO)
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It is one of a series of steps that are being taken along
these lines. These steps include the April 12, 1996 issuance
of Notice PIH 96 -16 (HAs) entitled "'One Strike and You're
Out' Screening and Eviction Guidelines for Public Housing
Authorities," and a Proposed Rule published on May 6, 1996
that includes HAs' security efforts as an additional
performance indicator under the Public Housing Management
Assessment Program (PHMAP).
3) Programs Covered
The new law makes changes to Subsection 6(r) and Section
16(e) of the United States Housing Act of 1937, as amended
(USHA) (42 U.S.C. 1437 et seq.), which apply to the Section 8
certificate, voucher, and moderate rehabilitation programs.
Changes to Sections 6, 7, and 16 of the USHA apply to public
housing.
None of these changes is applicable to the administration of
Indian Housing programs under the USHA.
4) Statutory Chances Applicable to the Section 8 Certificates,
Vouchers, and Moderate Rehabilitation Programs
HAs must amend their administrative plan to state their
policies for implementing the provisions below.
A) Ineligibility if Evicted for Drug- Related Activity
Drug - related criminal activity is the illegal
manufacture, sale, distribution, use or possession with
intent to manufacture, sell, distribute or use a
controlled substance.
Persons evicted from public housing, Indian housing,
Section 23, or any Section 8 program because of drug -
related criminal activity are ineligible for admission to
Section 8 programs for a three -year period beginning on
the date of such eviction.
HAs may waive this requirement if:
-- the person demonstrates successful completion of a
rehabilitation program approved by the HA, or
-- the circumstances leading to the eviction no
longer exist. For example, the individual
involved in drugs is no longer in the household
because the person is incarcerated.
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8) Screening Out Illegal Drug Users and Alcohol Abusers
HAs must establish standards (i.e., policies and
procedures) that prohibit the admission to Section 8
programs of any person who the HA determines is illegally
using a controlled substance.
HAs must establish policies and procedures that prohibit
admitting any person to Section 8 programs in cases where
the HA determines that there is reasonable cause to
believe that the person abuses alcohol in a way that may
interfere with the health, safety, or right to peaceful
enjoyment of the premises by other residents.
HAs must establish policies and procedures that prohibit
admitting any person to Section 8 programs in cases where
the HA determines that there is reasonable cause to
believe that the person's pattern of illegal use of a
controlled substance or pattern of abuse of alcohol may
interfere with the health, safety, or right to peaceful
enjoyment of the premises by other residents.
HAs may waive the policies prohibiting admission in these
circumstances if the person demonstrates to the HA's
satisfaction that the person is no longer engaging in
illegal use of a controlled substance or abuse of alcohol
and:
has successfully completed a supervised drug or
alcohol rehabilitation program;
has otherwise been rehabilitated successfully; or
is participating in a supervised drug or alcohol
rehabilitation program.
C) Terminating Assistance to Illegal Drug Users and Alcohol
Abusers
HAS must establish standards (i.e., policies and
procedures) that allow for the termir 'nn of Section 8
assistance of any person who the HA d - mines is
illegally using a controlled substance.
HAs may terminate Section 8 assistance for any person if
the HA determines that the person's abuse of alcohol
interferes with the health, safety, or right to peaceful
enjoyment of the premises by other residents.
5) $tatutory Chances Applicable to Public Housing
Nothing in the Extender Act negates the provisions for
applicants' rights to informal hearings and tenants' rights
to judicial proceedings for evictions.
The Extender Act imposes certain requirements beyond those
already in place which, in general, look at a person's recent
behavior to see whether it would result in noncompliance with
the lease. Normal screening should look at past conduct as
an indicator of future conduct. In considering the elements
discussed below, the HAS' focus should not be on whether the
applicant or tenant happens to have a disability.
A) Ineligibility if Evicted for Drug - Related Activity
Drug- related criminal activity is the illegal
manufacture, sale, distribution, use or possession with
intent to manufacture, sell, distribute or use a
controlled substance.
Persons evicted from public housing, Indian housing,
Section 23, or any Section 8 program because of drug -
related criminal activity are ineligible for admission to
public housing for a three -year period beginning on the
date of such eviction.
HAs can waive this requirement if:
the person demonstrates successful completion of a
rehabilitation program approved by the HA, or
-- the circumstances leading to the eviction no
longer exist. For example, the individual
involved in drugs is no longer in the household
because the person is incarcerated.
B) Screening Out I11eaal Drug Users and Alcohol Abusers
HAs must establish standards (i.e., policies and
procedures) that prohibit the admission to public housing
of any person who the HA determines is illegally using a
controlled substance.
HAs must establish policies and procedures that prohibit
admitting any person to public housing in cases where the
HA determines that there is reasonable cause to believe
that the person abuses alcohol in a way that may
interfere with the health, safety, or right to peaceful
enjoyment of the premises by other. residents.
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HAs must establish policies and procedures that prohibit
admitting any person to public housing in cases where the
HA determines that there is reasonable cause to believe
that the person's pattezn of illegal use of a controlled
substance or pattern of abuse of alcohol may interfere
with the health, safety, or right to peaceful enjoyment
of the premises by other residents.
HAs may waive policies prohibiting admission in these
circumstances if the person demonstrates to the HA's
satisfaction that the person is no longer engaging in
illegal use of a controlled substance or abuse of alcohol
and:
has successfully completed a supervised drug or
alcohol rehabilitation program;
has otherwise been rehabilitated successfully; or
is participating in a supervised drug or alcohol
rehabilitation program.
C) Terminating Assistance to Illegal Drug Users and Alcohol
Abusers
HAs must establish standards (i.e., policies and
procedures) that allow for the termination of the tenancy
of any person who the HA determines is illegally using a
controlled substance.
HAs may terminate the tenancy of any person if the HA
determines that the person's abuse of alcohol interferes
with the health, safety, or right to peaceful enjoyment
of the premises by other residents.
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D) Lease Provision
Public housing lease forms must be amended promptly to
provide that the following activities by any resident are
grounds for termination of tenancy:
drug- related criminal activity on or off the
premises, not just on or near the premises; and
alcohol abuse that the HA determines interferes
with the health, safety, or right to peaceful
enjoyment of the premises by other residents.
In amending the lease form, HAs must provide tenants with
notice and opportunity to comment, according to the
provisions in 24 CFR 966.3. The modification may be
either in the body of the lease or in a lease addendum.
Tenants must be required to execute the new
lease /addendum no later than their next reexamination.
B) Grievance Procedures
In states where HUD has determined that a court provides
the elements of due process, HAS may bypass the grievance
procedures in cases involving termination of tenancy for
any activity, not just a criminal activity, that
threatens the health, safety, or right to peaceful
enjoyment of the premises by other tenants or employees
of the HA; or any drug- related criminal activity on or
off such premises, not just on or near such premises.
Otherwise, grievance procedures would remain the same as
they have been, per 24 CFR 966.
If HAs plan to amend their grievance procedures, they
must provide tenants with notice and opportunity to
comment, according to the provisions in 24 CFR 966.52(c).
F)
ri in
v -il
ili
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The law states that, notwithstanding any other provision
of law, the National Crime Information Center, police
departments, and other law enforcement agencies shall,
upon request, provide HAs information regarding the
criminal conviction records of adult applicants for, or
tenants of, public housing for purposes of applicant
screening; lease enforcement, and eviction.
This information must be provided for persons 18 years of
age or older, or for those convicted of a crime as an
adult.
The provisions of this paragraph (5F) pre -empt any
contrary provision in State, local, or tribal laws, and
prevail over any contrary federal requirement. These
provisions do not pre -empt or limit any laws or authority
that permit broader access to records.
On request, HAs must be provided the same information for
juveniles, only to the extent that the release of such
information is authorized by State, local, or tribal
laws.
While not addressed by the statute, HAs may pay
reasonable fees charged by law enforcement agencies that
provide the information. The applicant or tenant may not
be charged.
HUD is working with the FBI on this matter and will issue
additional guidance when it is available.
HAs must establish a system to ensure that any criminal
record received be maintained confidentially, not misused
or improperly disseminated, and destroyed once the
purpose for which it was requested is accomplished.
Before HAs take any adverse action based on a criminal
conviction record, the HA must provide the applicant or
tenant with a copy of the criminal record and an
opportunity to dispute the accuracy or relevancy of the
record. The opportunity to dispute the record can be at
an informal hearing for rejected applicants or at the
court hearing in the case of evictions.
6) Statutory Chanaes in Desianatina Public Housing for Elderly
and Disabled Families
Some important elements of Section 10 of the Housing
Opportunity Program Extension Act of 1996 are summarized
here:
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Provides new statutory requirements for HAS in
developing plans to designate projects for elderly
families -only, disabled families only, or elderly
and disabled families. Provides that an
allocation plan that was submitted prior to the
new law but has not yet been approved or
disapproved shall be considered submitted under
the new law.
Provides that any plan approved before enactment
of this law shall be in effect for five years
beginning with the date of such approval.
Explains that HAs must establish that the
designation is necessary to achieve the housing
goals in the jurisdiction's Comprehensive Housing
Affordability Strategy (CHAS) and necessary to
meet the housing needs of its low- income
population.
Requires that the plan include a description of
the designated project, the tenants, any
supportive services that will be provided, how the
design and related facilities accommodate the
special environmental needs of the intended
occupants, and any plans to secure additional
housing resources or housing assistance for the
families that may have been housed in the project
if it had not been designated.
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Notes that no tenants in compliance with their
lease may be evicted or required to move because
of the designation of the unit. HAs must provide
relocation assistance to tenants who agree to be
relocated in connection with the designation.
More detailed requirements for designating public housing
will be covered in a separate notice.
7) Nondiscriminat on
Nothing in this Notice relieves HAS from complying with
Federal requirements prohibiting unlawful discrimination.
In particular, in implementing the provisions described
in this Notice, HAs must abide by Federal laws
prohibiting discrimination on the basis . of race,
religion, sex, color, national origin, age, disability,
and familial status.
HAS must apply their procedures objectively in dealing
with both applicants and participants. Only an
individual's particular behavior may be considered, not
traits that might be attributed to a specific group or
category of persons. HAs should carefully document the
rationale for their decisions.
Kevin Ema uei Marchman, Deputy Assistant
Sec etary for Distressed and
Troubled Housing Recovery