PURPOSE
To establish a Housing Authority (HA) policy for zero tolerance of fraud, violent, gang-related, and drug-related (including medical marijuana) criminal activity or any criminal activity that threatens the health, safety or right to peaceful enjoyment of other residents or others in the immediate vicinity in any housing program administered by the Housing Authority.  The PHA may terminate assistance for criminal activity by a household member as authorized in this section if the PHA determines, based on a preponderance of the evidence, that the household member has engaged in the activity, regardless of whether the household member has been arrested or convicted for such activity [24 CFR 982.553 (c ), 24 CFR 966.4].  Criminal activity as listed above, misdemeanor and felony the same, will hereinafter be called “prohibited criminal activity.”  “Minor traffic offenses” may include offenses such as parking violations, registration violations or failure to provide proof of insurance. Traffic offenses that include illegal use of controlled substances or alcohol related violations of traffic laws are not considered minor.  Two or more alcohol related criminal actions within the last five year period constitute an abuse of alcohol.  All persons receiving rental assistance, regardless of age, will be held to the same standard. Persons convicted of manufacturing or producing methamphetamine on the premises of federally assisted housing will be permanently denied admission to any federally assisted housing program.  Persons convicted of sex offenses that require a lifetime registration as a sex offender are prohibited from participation in any housing assistance programs administered by the Housing Authority in accordance with Federal Regulations.  Exceptions in this policy do not apply to registered sex offenders or any person who was convicted of manufacturing or producing methamphetamine on the premises of federally assisted housing.  The Violence Against Women Act (VAWA) prohibits the eviction of, and removal of assistance from, victims living in public or Section 8 assisted housing if the asserted grounds for such action is an instance of domestic violence, dating violence, sexual assault, or stalking. 

BACKGROUND
The primary mission of the Housing Authority is to assist low and moderate income families, including elderly and disabled persons, by operating programs which provide them decent, safe and sanitary housing at affordable costs.  The programs currently administered by the Housing Authority include the following: Section 8 Housing Choice Voucher, Affordable Public Housing, MOD Rehab, Project-based, Family Unification, Housing Opportunities for Persons with Aids (HOPWA), Shelter Plus Care and Mainstream Vouchers.

POLICY
It is the policy of the Housing Authority of the County of Riverside that:

Prohibited criminal activity will not be tolerated.  The Housing Authority will foster crime-free housing by implementing aggressive strategies which will reflect a zero tolerance of prohibited criminal activity by:

The Housing Authority may deny or terminate assistance to any household containing a member that has a history of criminal activity involving crimes of physical violence to persons or property and other criminal acts which would adversely affect the health, safety, or welfare of other tenants. {24 Code of Federal Regulations (CFR) 982.553 (c); 24 CFR 960.202 (a) (2) iii & 24 CFR 203c}.

1. Denying or terminating rental assistance to all households containing a member that has engaged in prohibited criminal activity, unless that member can demonstrate the following:
   
   
   1. Evidence of crime-free living within the last five years and no occurrence of criminal behavior (other than minor traffic offenses), and
       
   2. Applicant/tenant must not have been incarcerated (in custody or doing any jail time) during the last five years for any action related to any prohibited criminal activity; and
       
   3. Applicant/tenant would not threaten the health, safety, or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises (i.e. gang related activity); and   
      
   4. Satisfactory adherence to all court and probation/parole mandated conditions for any action related to any prohibited criminal activity;
       
2. Denying or terminating tenancy, in any Housing Authority owned rental unit, to any household  containing a member that has engaged in prohibited criminal activity, and who has a history or pattern of criminal activity which would adversely affect the health, safety, or welfare of other tenants, unless that member can demonstrate the following:
    
   
   1. Evidence of crime-free living within the last five years and no occurrence of criminal behavior (other than minor traffic offenses), and
       
   2. Applicant/tenant must not have been incarcerated (in custody or doing any jail time) during the last five years for any action related to any prohibited criminal activity; and
       
   3. Applicant/participant would not be a detriment to the health, safety, or welfare of his/her neighbors or the community in which they live; whose expected behavior would not have an adverse influence upon sound family and community life; who would not be a source of danger to the peaceful occupancy by the other tenants or cause damage to the premises or property of the Housing Authority or the immediate vicinity; and
      
   4. Satisfactory adherence to all court and probation/parole mandated conditions for any action related to any prohibited criminal activity;
       
3. Criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking, engaged in by a member of a tenant’s household  or any guest or other person under the tenant’s control shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of that domestic violence, dating violence, sexual assault, or stalking, provided that the victim member demonstrates the following:
    
   
   1. The perpetrator of the domestic violence no longer resides in the assisted unit.
       
   2. Applicant/tenant requesting exception based on 3 above shall complete HUD form 50066 within 14 business days after the HA has requested such certification in writing.
       
   3. If the applicant/tenant does not provide the certification within 14 business days after the HA has requested such certification in writing, assistance may be denied/terminated.
       
4. Alerting all rental assistance program participants and tenants residing in Housing Authority   owned housing about their obligation to keep rental units free from prohibited criminal activity.
    
5. Incorporating the HUD required Tenancy Addendum which includes grounds for termination of tenancy due to criminal activity into all rental leases used by the Housing Authority and requiring the use of said Tenancy Addendum for all private rental property owners in the county.
    
6. Conducting workshops for rental property owners and managers to stress the importance of screening potential tenants, inspecting the premises of rental property, and taking action against tenants engaged in criminal activity, fraud, or side payments.
    
7. Seeking a collaborative relationship with all law enforcement agencies within the County   of Riverside and the Office of Inspector General to assist in the enforcement of this Amended Policy on Zero Tolerance Policy of Criminal Activity.
    
8. Screening all housing program applicants and participants including but not limited to the Riverside Superior Court online system, Consolidated Courts of the County of San Bernardino online system, Consolidated Courts of the County of Los angeles online system, National Credit Reporting (or similar service), any and all available Sex Offender registries, and any other available sources (i.e. police reports, court records, information that is independently verifiable, law enforcement investigations and arrest warrants) to disclose any criminal background information.
    
9. Providing the Riverside County Sheriff Department with requested incident reports from Public Housing properties, to be used by the Crime Analysis unit in identifying crime patterns, series, and other potential problems.

Click here to download the Request for Exception to Zero Tolerance Policy form. Return the completed form to your assigned housing case worker.

 

 

PURPOSE
To establish a Housing Authority (HA) policy for zero tolerance of fraud, violent, gang-related, and drug-related (including medical marijuana) criminal activity or any criminal activity that threatens the health, safety or right to peaceful enjoyment of other residents or others in the immediate vicinity in any housing program administered by the Housing Authority.  The PHA may terminate assistance for criminal activity by a household member as authorized in this section if the PHA determines, based on a preponderance of the evidence, that the household member has engaged in the activity, regardless of whether the household member has been arrested or convicted for such activity [24 CFR 982.553 (c ), 24 CFR 966.4].  Criminal activity as listed above, misdemeanor and felony the same, will hereinafter be called “prohibited criminal activity.”  “Minor traffic offenses” may include offenses such as parking violations, registration violations or failure to provide proof of insurance. Traffic offenses that include illegal use of controlled substances or alcohol related violations of traffic laws are not considered minor.  Two or more alcohol related criminal actions within the last five year period constitute an abuse of alcohol.  All persons receiving rental assistance, regardless of age, will be held to the same standard. Persons convicted of manufacturing or producing methamphetamine on the premises of federally assisted housing will be permanently denied admission to any federally assisted housing program.  Persons convicted of sex offenses that require a lifetime registration as a sex offender are prohibited from participation in any housing assistance programs administered by the Housing Authority in accordance with Federal Regulations.  Exceptions in this policy do not apply to registered sex offenders or any person who was convicted of manufacturing or producing methamphetamine on the premises of federally assisted housing.  The Violence Against Women Act (VAWA) prohibits the eviction of, and removal of assistance from, victims living in public or Section 8 assisted housing if the asserted grounds for such action is an instance of domestic violence, dating violence, sexual assault, or stalking. 

BACKGROUND
The primary mission of the Housing Authority is to assist low and moderate income families, including elderly and disabled persons, by operating programs which provide them decent, safe and sanitary housing at affordable costs.  The programs currently administered by the Housing Authority include the following: Section 8 Housing Choice Voucher, Affordable Public Housing, MOD Rehab, Project-based, Family Unification, Housing Opportunities for Persons with Aids (HOPWA), Shelter Plus Care and Mainstream Vouchers.

POLICY
It is the policy of the Housing Authority of the County of Riverside that:

Prohibited criminal activity will not be tolerated.  The Housing Authority will foster crime-free housing by implementing aggressive strategies which will reflect a zero tolerance of prohibited criminal activity by:

The Housing Authority may deny or terminate assistance to any household containing a member that has a history of criminal activity involving crimes of physical violence to persons or property and other criminal acts which would adversely affect the health, safety, or welfare of other tenants. {24 Code of Federal Regulations (CFR) 982.553 (c); 24 CFR 960.202 (a) (2) iii & 24 CFR 203c}.

1. Denying or terminating rental assistance to all households containing a member that has engaged in prohibited criminal activity, unless that member can demonstrate the following:
   
   
   1. Evidence of crime-free living within the last five years and no occurrence of criminal behavior (other than minor traffic offenses), and
       
   2. Applicant/tenant must not have been incarcerated (in custody or doing any jail time) during the last five years for any action related to any prohibited criminal activity; and
       
   3. Applicant/tenant would not threaten the health, safety, or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises (i.e. gang related activity); and   
      
   4. Satisfactory adherence to all court and probation/parole mandated conditions for any action related to any prohibited criminal activity;
       
2. Denying or terminating tenancy, in any Housing Authority owned rental unit, to any household  containing a member that has engaged in prohibited criminal activity, and who has a history or pattern of criminal activity which would adversely affect the health, safety, or welfare of other tenants, unless that member can demonstrate the following:
    
   
   1. Evidence of crime-free living within the last five years and no occurrence of criminal behavior (other than minor traffic offenses), and
       
   2. Applicant/tenant must not have been incarcerated (in custody or doing any jail time) during the last five years for any action related to any prohibited criminal activity; and
       
   3. Applicant/participant would not be a detriment to the health, safety, or welfare of his/her neighbors or the community in which they live; whose expected behavior would not have an adverse influence upon sound family and community life; who would not be a source of danger to the peaceful occupancy by the other tenants or cause damage to the premises or property of the Housing Authority or the immediate vicinity; and
      
   4. Satisfactory adherence to all court and probation/parole mandated conditions for any action related to any prohibited criminal activity;
       
3. Criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking, engaged in by a member of a tenant’s household  or any guest or other person under the tenant’s control shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of that domestic violence, dating violence, sexual assault, or stalking, provided that the victim member demonstrates the following:
    
   
   1. The perpetrator of the domestic violence no longer resides in the assisted unit.
       
   2. Applicant/tenant requesting exception based on 3 above shall complete HUD form 50066 within 14 business days after the HA has requested such certification in writing.
       
   3. If the applicant/tenant does not provide the certification within 14 business days after the HA has requested such certification in writing, assistance may be denied/terminated.
       
4. Alerting all rental assistance program participants and tenants residing in Housing Authority   owned housing about their obligation to keep rental units free from prohibited criminal activity.
    
5. Incorporating the HUD required Tenancy Addendum which includes grounds for termination of tenancy due to criminal activity into all rental leases used by the Housing Authority and requiring the use of said Tenancy Addendum for all private rental property owners in the county.
    
6. Conducting workshops for rental property owners and managers to stress the importance of screening potential tenants, inspecting the premises of rental property, and taking action against tenants engaged in criminal activity, fraud, or side payments.
    
7. Seeking a collaborative relationship with all law enforcement agencies within the County   of Riverside and the Office of Inspector General to assist in the enforcement of this Amended Policy on Zero Tolerance Policy of Criminal Activity.
    
8. Screening all housing program applicants and participants including but not limited to the Riverside Superior Court online system, Consolidated Courts of the County of San Bernardino online system, Consolidated Courts of the County of Los angeles online system, National Credit Reporting (or similar service), any and all available Sex Offender registries, and any other available sources (i.e. police reports, court records, information that is independently verifiable, law enforcement investigations and arrest warrants) to disclose any criminal background information.
    
9. Providing the Riverside County Sheriff Department with requested incident reports from Public Housing properties, to be used by the Crime Analysis unit in identifying crime patterns, series, and other potential problems.

Click here to download the Request for Exception to Zero Tolerance Policy form. Return the completed form to your assigned housing case worker.