Drug Abuse and Criminal Activity

Screening and Eviction for Drug Abuse and Other Criminal Activity
Final Rule (24 CFR Parts 5 et al.) May 24, 2001

Section 8 New Construction

Purpose

Public and other federally assisted housing is intended to provide a place to live and raise families, not a place to commit crime, use or sell drugs, or terrorize neighbors. It is the intent of the Housing Authority (hereinafter referred to as "agency") to fully endorse and implement a policy which is designed to:

1. Create and maintain a safe and drug-free community;
2. Keep our residents free from threats to their personal and family safety;
3. Support parental efforts to instill values of personal responsibility and hard work;
4. Maintain an environment where children can live safely, learn, and grow up to be productive citizens; and
5. Assist families in their vocational/educational goals in the pursuit of self-sufficiency;
6. Report all drug/criminal activity or suspicion of activity to proper authorities.

Administration

1. All screening and eviction procedures shall be administered fairly and in such a way as not to discriminate on the basis of race, color, nationality, religion, age, sex, familial status, disability, or other legally protected groups and not to violate the right to privacy.
2. To the maximum extent possible, the agency will involve other community and governmental entities, as well as resident organizations, in the promotion and enforcement of this policy.
3. This policy will be posted on the agency's bulletin board and copies made readily available to residents and/or applicants on request.

Screening of Applicants

1. In an effort to prevent future drug-related and other criminal activity as well as other patterns of behavior that pose a threat to the health, safety, or right to peaceful enjoyment of the premises by other residents or agency employees, this agency will endeavor to screen applicants as thoroughly and fairly as possible.
2. Such a screening will apply to all members of the household who are 18 years of age or older.
3. Pursuant to the Housing Opportunity Program Extension Act of 1996, a criminal history report will be obtained from the Tenant Tracker software according to the following procedures:
   1. For all applicable household members, the agency will submit to Tenant Tracker name, sex, race, date of birth, and social security number.
   2. Based on the identifiers submitted, Tenant Tracker will provide the agency with any criminal history conviction record information and outstanding warrants that are found on their database.
   3. Tenant Tracker will also search the National Crime Tracking Center (NCTC) for criminal information inside Texas and outside if applicable.
   4. If a person disputes or contests the criminal record report received by the agency, this agency may at that time determine that a fingerprint check is necessary.
   5. In no case will the applicant be charged for the cost of criminal history background checks.
4. If information is revealed in the criminal history record that would cause the agency to deny housing to the household, the agency shall provide a copy of the record to the person for whom the record was received.
5. If the person disputes the information, he/she shall be given an opportunity for an informal hearing according to the agency's hearing procedure outlined in the Admissions and Occupancy Policy.
6. Evidence of drug related and/or other criminal activity which would pose a threat to the health, safety or right to peaceful enjoyment of the premises by other residents or agency employees shall be considered grounds for denial of housing. Drug-related activity is defined as the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance.
7. Reasonable cause (e.g., information from criminal history report, information from former landlords or neighbors) to believe that a person's pattern of alcohol abuse would pose a threat to the health, safety, or right to peaceful enjoyment of the premises by other residents or agency employees shall also be considered grounds for denial of housing.
8. In both 6 and 7 above, the agency may waive its policy of prohibiting admission if the person demonstrates to the agency's satisfaction that he/she is no longer engaging in the illegal use of a controlled substance or abuse or alcohol and;
   1. has successfully completed a supervised rehabilitation program;
   2. has otherwise been rehabilitated successfully; or
   3. is currently participating in a supervised rehabilitation program.
9. Persons evicted from Public Housing, Indian Housing, Section 23, or any Section 8 Housing Program because of drug-related criminal activity are ineligible for admission to public housing for a three (3) year period beginning on the date of such eviction This may be waived if:
   1. Person demonstrates successful completion of a rehabilitation program approved by the agency; or
   2. The circumstances leading to the eviction no longer exist (e.g., the individual involved in drugs is no longer a household member because of incarceration).
10. In evaluating evidence of negative past behavior, the agency will give fair consideration to the seriousness of the activity with respect to how it would affect other residents and/or the likelihood of favorable conduct in the future, which could be supported by evidence of rehabilitation.
11. If, at any time during occupancy, the agency has reasonable cause (e.g., newspaper articles, credible informants, police reports) to believe that a household member is engaging in drug-related or other criminal activity which would pose a threat to the health, safety or right to peaceful enjoyment of the premises by other residents or agency employees, the agency may run a subsequent criminal check on that household member.
12. The agency will also order a criminal history on an individual or individuals aged 18 years or older who are added to the lease after initial occupancy.
13. Records Management
    1. All criminal records received will be maintained confidentially, not misused, or improperly disseminated, and the utmost security will be maintained.
    2. All criminal reports, while needed, will be housed in a locked file with access restricted to individuals responsible for screening and determining eligibility and to the Executive Director.
    3. Misuse of the above information by any employee will be grounds for termination of employment Legal penalties for misuse are contained in Section 411.085 of the Texas Government Code
    4. If the applicant is determined to be eligible, the criminal history report shall be shredded as soon as the applicant is housed If the applicant is denied housing, the criminal history report shall be shredded immediately upon completion of the hearing or due process procedures and a final decision has been made. (See 24 CFR Parts 5 et al dated May 24, 2001.)
    5. The agency will document in the applicant's file the circumstances of the criminal report and the date the report was destroyed.

Enforcement Through Evictions

1. The provisions of this policy shall also be reflected in the terms and conditions of the lease agreement for all residents of public housing. The agency shall enforce this policy with a "zero-tolerance" position with respect to drug-related and/or other criminal activity that would pose a threat to the health, safety, or right to peaceful enjoyment of the premises by other residents or agency employees Such activity shall be grounds for immediate termination of the lease and eviction.
   1. Such activity by a household member shall be grounds for eviction, whether committed on or near the premises of the agency.
   2. Such activity by a guest of the household may also be grounds for eviction of the household if such activity occurs on or near the premises of the agency.
   3. Since eviction is a civil, not criminal, matter, a criminal conviction or arrest is not necessary in order to terminate a lease and evict a household, but the agency shall be responsible for producing evidence strong enough to warrant eviction.
2. A pattern of alcohol abuse that poses a threat to the health, safety, or right to peaceful enjoyment of the premises by other residents or agency employees shall be considered grounds for immediate eviction.
3. According to Due Process Determination of the Department of Housing and Urban Development, the agency's grievance procedure is applicable for:
   1. Eviction related to any activity, not just criminal activity, which would pose a threat to the health, safety, or right to peaceful enjoyment of the premises by other residents; or
   2. Evictions related to any drug-related criminal activity on or near agency Premises.