Prison to public housing project to be tested in CNY

3-18-17 New York:

Syracuse one of three cities across New York state participating

For Bill Simmons, the Executive Director of the Syracuse Housing Authority, saying "yes" to Governor Cuomo's newest pilot program was a no-brainer.

"I was the first one to raise my hand because we've always had a history of working with individuals who have criminal backgrounds, in the Housing Authority," said Simmons.

The project mirrors a similar program offered by the New York City Housing Authority.

"It was very, very successful. The program created an opportunity for individuals who were coming out of incarceration to reunite with their families," said Simmons.

In Syracuse, twelve formerly incarcerated people will be screened and referred by the Department of Corrections.

"The referrals are coming directly from the parole system right out of incarceration and then if they're good candidates and a good fit for the program, then they will get these case management services," said Simmons.

The program aims for long-term stability beyond housing...and that's where PEACE, Inc. comes into play. ..Continued.. by Olivia Ugino

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Former Convicts Could Soon Apply For Public Housing

3-17-17 Rhode Island:

The Providence Housing Authority is considering revisions to its admissions policies for convicted felons applying for public housing.

According to the executive director of the PHA, Paul Taveras, the move comes after years of pressure from former convicts and activists. These groups argue the current rules for public housing hurt ex-convicts trying to re-enter society.

Current rules automatically disqualify anyone who has been convicted of a violent or drug-related crime within the last decade from applying for public housing. Rules also prohibit a convicted felon from moving in with someone who already lives in public housing.

Taveras says these rules date back to the “tough on crime” decades.

“And if you look at the result of those it definitely delivers disparate treatment to those who have been incarcerated,” said Taveras.

Proposed revisions would allow convicted felons to apply for housing if they’re not registered sex offenders, and officials would only go back five years into criminal records.

Tavares says that the proposed changes could make public housing more fair and accessible.

There was little opposition to the proposed changes at a recent public forum, which is mandated by the U.S. Department of Housing and Urban Development when significant changes, like the ones PHA is considering, are proposed. Tavares says other than residents who want to make sure public housing remains safe, most concerns come from those waiting on long lists for public housing.

“This won’t circumvent the list in any way. People who may have been denied the list may now be able to get on the list. They would still have to wait accordingly. It’s not like they would get preferential treatment,” said Tavares.

The PHA doesn’t have an estimate of how much longer the waitlist would get if these rule changes expand the number of people eligible to apply.

The proposal still needs approval from the Board of Commissioners before it can go to the U.S. Department of Housing and Urban Development for final approval. ..Source.. by Ximena Conde

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New Bill in Congress Affecting Specific Former Sex Offenders

7-26-2010 California, National:

Folks, in light of all the foreclosures -nationally- Rep. Waters (D-CA-35) has begun a program called "Stabilizing Neighborhoods Hurt by Foreclosure," and she has introduced a few bills to cover her program.

One of her bills affects "SPECIFIC" former sex offenders: HR-5814 introduced 7-22-2010 and co-sponsored by Rep. Frank (D-MA-4) and Rep. Velazquez (D-NY-12), yes three Democrats again.

Stated Intent of Bill is: To transform neighborhoods of extreme poverty by revitalizing distressed housing, to reform public housing demolition and disposition rules to require one for one replacement and tenant protections, to provide public housing agencies with additional resources and flexibility to preserve public housing units, and to create a pilot program to train public housing residents to provide home-based health services.

The essence of this bill is GOOD -to revitalize neighborhoods- that have been seriously affected by the economy recently, and the apparent intent is to demolish and rebuild housing in these areas, and a pilot training program to train residents in home-based health services (that is a key point to remember).

Now, remember, I am not the Guru of Knowledge on "Distressed Neighborhoods" and don't mind if someone corrects me, but I am positive I understand when a bill affects persons with a history of a sex offense.

The way this revitalization is to occur is, "One-for-One Replacement of Public or Assisted Housing Units" Sec 109 of this bill. The funding from this bill will do both, replace public housing units AND other distressed assisted housing units.

Now we already know, in existing HUD Public Housing Units (Sec 8), that there is a exclusion of any registered sex offender who must register for a LifeTime (right now that cannot be changed), however, this bill is also talking about non section 8 buildings, "assisted housing units," many of which have residents who are elderly and/or disabled.

We also know (speculating, based on news reports) that such housing units and neighborhoods are places where former sex offenders are forced to live, being forced out of better neighborhoods. And, it is likely some of these folks have families.

This is where the denial to former sex offenders occurs in this bill. See:

Sec.109(a)(2)(A)(B) & (3):
(2) OTHER REQUIREMENTS- Admission to, administration of, and eviction from replacement housing units that replaced public housing units, but that are not public housing dwelling units, shall be subject to the following provisions to the same extent as public housing dwelling units:

(A) Section 578 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13663; relating to ineligibility of dangerous sex offenders).

(B) Section 16(f) of the United States Housing Act of 1937 (42 U.S.C. 1437n(f); relating to ineligibility of certain drug offenders).

(3) RETENTION OF RIGHTS- Tenants occupying a replacement housing unit shall have all rights provided to tenants of the housing from which the tenants were relocated.

So, a HUD law is being applied to non HUD property because it was built with federal HUD funds. Yet, the bill doesn't say "HUD intends to manage the building, after construction." it appears HUD goes its way and the building is managed by whoever (A point missing from the bill).

But, the former sex offender -and his/her family, if any- is evicted from their "assisted housing unit" and left to flounder homeless in the streets. No assistance or money to find new suitable housing. Eminent domain issues scream at me here.

Later in the bill we also find this:

SEC. 110. OTHER PROGRAM REQUIREMENTS.
(a) Fair Housing- The demolition or disposition, relocation, replacement, and reoccupancy of housing units in connection with a grant under this title shall be carried out in a manner that affirmatively furthers fair housing, as required by section 808 of the Civil Rights Act of 1968 (42 U.S.C. 3608(e)). Grantees shall adopt affirmative marketing procedures, and require affirmative marketing activities of project owners and managers. Such special outreach efforts shall be targeted to those who are least likely to apply for the housing, to ensure that all persons regardless of their race, color, national origin, religion, sex, disability, or familial status are aware of the housing opportunities in each project funded with a grant under this title.

Fair Housing? Except dangerous sex offenders! Dangerous -as defined by federal law- "a person doing nothing but abiding by law and moving on with their lives" but who was convicted of a sex offense 10-20-30-50 years ago, and that offense may have been as simple as "peeing in the park" or a Romeo & Juliet type offense. ie., today that person is being forced to register -for a lifetime- by laws non existent at the time of their crime or laws that have been changed because of a more vindictive stance of politicians wanting to stay in office.

Let us not forget "disability" was highlighted because, if, this is "Assisted Housing" there is a reason why those folks need assistance, maybe they are getting on on their years, or maybe they are disabled in some way. Remember, the bill includes "a pilot training program to train residents in home-based health services," there is a reason for that, some are unable to take care of themselves and need assistance.

As to the former sex offenders who are disabled -and now being evicted- it seems clear they have the American's with Disabilities Act where they could file a complaint under. Also, a 1983 action sounds like a great way to go, but as I always say, I am not a lawyer, please see one to get an professional opinion which can stand in court.

Everyone needs to be contacting their Representatives and Senators asking them to resolve this before it becomes law and these folks (likely aged and/or disabled) are evicted, becoming homeless.

For now, have a great day & a better tomorrow, and contact Washington DC!
eAdvocate

PS: Just so folks know, what is happening here IS NOT the same as what occurred in bills HR-5618 or HR-5072 or HR-5297, here we are dealing with HUD laws. Further, here it is also a different group of former offenders that are being affected, however, this group MAY include some convicted of offenses against a minor, the issues in HR-5618 and HR-5072 and HR-5297.

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PHA strengthens sex offender policy

The real change here is, not that the policy has changed, but, which sex offender website is to be checked -state- or now -national- for the names of those in the applicant's household. However, even with this change, since states refuse to remove names when folks are no longer required to register, false positives are very likely to result. See also:

3-25-2010 National:

New measures recently required by federal housing body

Paragould Housing Authority executive director David Lange said changes to the authority’s housing plan approved by the board of directors Wednesday will strengthen protections against registered sex offenders.

“Our administrative plan spells out who we can house. It is against the rules to have a convicted sex offender [in our facilities],” Lange said.

Under a 1998 act, the U.S Department of Housing and Urban Development requires housing authorities nationwide to prohibit admission to any household that includes individuals subject to a lifetime registration requirement under a state sex offender registration program, Lange wrote in a memorandum to board members.

Recent updates to HUD regulations regarding registered sex offenders recommended housing authorities use a national sex offender Web site directory maintained by the U.S. Department of Justice.

Lange said following Wednesday’s action, the PHA would add use of the national database to its procedures where in the past it had just used background checks to identify registered sex offenders.

The following question would also now be asked of applicants, Lange said:

“Is any member of your household subject to a lifetime sex offender registration program in any state? Which state?”

Lange said a false response or refusal to answer the question was grounds for denial or termination of service.

The PHA has never approved the application of a registered sex offender during his tenure, he said.

New board member

Lange said the board appointed John Malone of Paragould to fill a seat left vacant by board member Dorothy Babb, who passed away suddenly in February. Malone will serve through Feb. 24, 2011. His selection goes before the Paragould City Council for confirmation April 12. ..Source.. John Griffith

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Are ALL sex offenders prohibited from living in federally assisted housing?

3-7-2009 National:

It never ceases to amaze me how many folks get this WRONG, including people who manage housing apartments. HUD Law and Rules DO NOT prohibit ALL sex offenders from applying for federally assisted housing.

Note: Below you will see that HUD law and rules, developed years ago, prohibit RSOs with a "Lifetime Registration Requirement (LRR)" from APPLYING for housing, and HUD says that LRR is synonymous with "dangerous."

That position was BEFORE the effects of the Adam Walsh Act (AWA), under which MANY folks are being forced into Tier III which has a LRR and now be considered dangerous, some of which have court rulings saying they are not. Accordingly, AWA will now prohibit folks who would have been accepted before AWA. Further, an open question is, if someone is living in public housing who, after AWA, would be prohibited from living there, can they be forced out? The law and rules are clear, only those APPLYING for can be prohibited, there is nothing saying EVICT if already living there. Hopefully lawyers will have a field day with this.


HUD LAWS:

Title 42, Chapter 135—RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY ASSISTED HOUSING

SUBCHAPTER I—STANDARDS AND OBLIGATIONS OF RESIDENCY IN FEDERALLY ASSISTED HOUSING

SUBCHAPTER II—AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN CERTAIN SECTION 8 ASSISTED HOUSING

SUBCHAPTER III—SERVICE COORDINATORS FOR ELDERLY AND DISABLED RESIDENTS OF FEDERALLY ASSISTED HOUSING

SUBCHAPTER IV—GENERAL PROVISIONS

SUBCHAPTER V—SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING

SUBCHAPTER V:
§ 13663. Ineligibility of dangerous sex offenders for admission to public housing:
(a) In general
Notwithstanding any other provision of law, an owner of federally assisted housing shall prohibit admission to such housing for any household that includes any individual who is subject to a lifetime registration requirement under a State sex offender registration program. (Click on SUBCHAPTER V for more information)

HUD RULES:
The rule prohibits ONLY THOSE sex offenders who are "subject to a lifetime registration requirement under a State sex offender registration program." See the HUD Rule 5.856 which follows:

HUD Rule CFR 24 § 5.856
When must I prohibit admission of sex offenders?

You (Public Housing Management) must establish standards that prohibit admission to federally assisted housing if any member of the household is subject to a lifetime registration requirement under a State sex offender registration program. In the screening of applicants, you must perform necessary criminal history background checks in the State where the housing is located and in other States where the household members are known to have resided. (See § 5.905.)

Is this the current status of this rule? Yes, last checked on 2-23-2009.

If you wish to check it for yourself then CLICK

1) Then click on "Browse and/or search the CFR"

2) Scroll down to Title 24 "Housing and Urban Development," in the first column is the date of the most recent changes to these rules (April 1, 2008 as of this writing) click on that date

3) Scroll down till you see the title "Browse Parts" just beneath that you will see 0-99 click on that,

4) Now you will see a page of links, click on the one that says "General HUD program requirements; waivers"

5) You will see all the rules that pertain to "Housing" and there are two that pertain to sex offenders: 5.856 and 5.905. (5.856 is above and 5.905 is below, assuming they have not changed since 4-1-2008).

If a resident is NEWLY convicted, can they be booted out?

No, read the rule carefully, "In screening of applicants, ..." that means only when people apply for a lease OR when a lease comes up for renewal.

IMPORTANT NOTE:
Various states have excluded CERTAIN sex offenders from the requirement to register. i.e., California and Oregon have something known as a "Certificate of Rehabilitation (COR)" which permits that sex offender to stop registering, so PHA must be careful when performing screenings and cannot TOTALLY rely on a background criminal check. Notice in the case of a COR applicant, s/he is no longer required to register, hence, is not subject to lifetime registration under that state's law. However, if a COR person no longer lives in the state that issued the COR, they may have lifetime registration requirements where they are now living. Many states have various exceptions (and exemptions) to their state's registration laws and when considering applicants your process must have a way to filter these folks out.

HUD Hearing Precedent:
HUD has held many hearings on many issues in many states. Someone may come up with a case where that Hearings Officer ruled contrary to HUD Rule 5.856, if so, then make sure that Hearings Officer DID CONSIDER the "Lifetime Requirement" when rendering their decision. If they didn't they may be unaware of it and that decision would be distinguishable.

Summarizing:
Now this is the current state of HUD Rules regarding sex offenders, but HUD Rules go way beyond that, there are other rules, such as dangerousness to other residents, that may enter a decision and be applicable, following consideration of the sex offender status.

Have a good day, and if anyone finds anything different from the above, please forward it so we may adjust this accordingly.
eAdvocate


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HUD Rule CFR 24 § 5.905 What special authority is there to obtain access to sex offender registration information?

(a) PHA obligation to obtain sex offender registration information.

(1) A PHA that administers a Section 8 or public housing program under an Annual Contributions Contract with HUD must carry out background checks necessary to determine whether a member of a household applying for admission to any federally assisted housing program is subject to a lifetime sex offender registration requirement under a State sex offender registration program. This check must be carried out with respect to the State in which the housing is located and with respect to States where members of the applicant household are known to have resided.

(2) If the PHA requests such information from any State or local agency responsible for the collection or maintenance of such information, the State or local agency must promptly provide the PHA such information in its possession or control.

(3) The State or local agency may charge a reasonable fee for providing the information.

(b) Owner’s request for sex offender registration information—
(1) General. An owner of federally assisted housing that is located in the jurisdiction of a PHA that administers a Section 8 or public housing program under an Annual Contributions Contract with HUD may request that the PHA obtain information necessary to determine whether a household member is subject to a lifetime registration requirement under a State sex offender registration requirement.

(2) Procedure. If the request is made in accordance with the provisions of paragraph (b) of this section:

(i) The PHA must request the information from a State or local agency;

(ii) The State or local agency must promptly provide the PHA such information in its possession or control;

(iii) The PHA must determine whether such information may be a basis for applicant screening, lease enforcement or eviction, based on the criteria used by the owner as specified in the owner’s request, and inform the owner of the determination.

(iv) The PHA must notify the owner of its determination whether sex offender registration information received by the PHA under this section concerning a household member may be a basis for applicant screening, lease enforcement or eviction in accordance with HUD requirements and the criteria used by the owner.

(3) Contents of request. As the owner, your request must specify whether you are asking the PHA to obtain the sex offender registration information concerning the household member for applicant screening, for lease enforcement, or for eviction and include the following information:

(i) Addresses or other information about where members of the household are known to have lived.

(ii) If you intend to use the PHA determination regarding any such sex offender registration information for applicant screening, your request must include your standards in accordance with § 5.855(c) for prohibiting admission of persons subject to a lifetime sex offender registration requirement.

(iii) If you intend to use the PHA determination regarding any such sex offender registration information for eviction, your request must include your standards for evicting persons subject to a lifetime registration requirement in accordance with § 5.858.

(iv) If you intend to use the PHA determination regarding any such sex offender registration information for lease enforcement other than eviction, your request must include your standards for lease enforcement because of criminal activity by members of a household.

(4) PHA disclosure of records. The PHA must not disclose to the owner any sex offender registration information obtained by the PHA under this section.

(5) Fees. If an owner asks a PHA to obtain sex offender registration information concerning a household member in accordance with this section, the PHA may charge the owner reasonable fees for making the request on behalf of the owner and for taking other actions for the owner. The PHA may require the owner to reimburse costs incurred by the PHA, including reimbursement of any fees charged to the PHA by a State or local agency for releasing the information, the PHA’s own related staff and administrative costs. The owner may not pass along to the applicant or tenant the costs of a sex offender registration records check.

(c) Records management. (1) The PHA must establish and implement a system of records management that ensures that any sex offender registration information record received by the PHA from a State or local agency under this section is:

(i) Maintained confidentially;

(ii) Not misused or improperly disseminated; and

(iii) Destroyed, once the purpose for which the record was requested has been accomplished, including expiration of the period for filing a challenge to the PHA action without institution of a challenge or final disposition of any such litigation.

(2) The records management requirements do not apply to information that is public information, or is obtained by a PHA other than under this section.

(d) Opportunity to dispute. If a PHA obtains sex offender registration information
from a State or local agency under paragraph (a) of this section showing that a household member is subject to a lifetime sex offender registration requirement, the PHA must notify the household of the proposed action to be based on the information and must provide the subject of the record, and the applicant or tenant, with a copy of such information, and an opportunity to dispute the accuracy and relevance of the information. This opportunity must be provided before a denial of admission, eviction or lease enforcement action on the basis of such information.

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