Low-Income Housing Webinar

TROY, MI, June 27, 2012

Michigan criminal defense attorney John Freeman to moderate live webinar: "Collateral Consequences of Criminal Convictions" on Wednesday, June 27, 2012; State Bar of Michigan's Institute of Continuing Legal Education.

The Federal and State governments have implemented programs to help low-income residents obtain housing. The MI State Housing Development Authority (MSHDA) administers the Housing Choice Voucher (HCV) (commonly known as section 8) program which allows residents to rent a home from a private landlord and the government pays a portion of the rent. To be eligible for this program, a resident must complete an application and background check--which includes a criminal history report. An applicant may be denied admission into the program, or they may be terminated from the program for various reasons related to criminal activity.

Mandatory Denial of Assistance
1. The United States Department of Housing and Urban Development (HUD) requires the Public Housing Authority (PHA) to deny assistance if:
a. Any member of the household has been evicted from federally-assisted housing in the previous 3 years for drug-related criminal activity.
b. Any member of the household has EVER been convicted of drug-related criminal activity for the production or manufacture of methamphetamine on the premises of federally assisted housing
c. Any member of the household is subject to a lifetime registration requirement under a state sex offender registration program. [See 24 CFR 982.553]

2. MSHDA Policy:
a. MSHDA will admit an otherwise-eligible family who was evicted from federally-assisted housing within the last 3 years for drug-related criminal activity, IF MSHDA is able to verify that the household member engaged in the criminal activity has completed a supervised drug rehabilitation program approved by MSHDA, OR the person who committed the crime is no longer living in the household.
b. There is permanent prohibition of admission under MSHDA if any member of the household has been convicted of manufacturing or producing methamphetamine on the 'premises' of federally assisted housing.
c. There is permanent prohibition of admission under MSHDA if any household member is subject to a lifetime registration requirement under a state sex offender registration program. A sex offender must register for their lifetime in the State of Michigan when convicted of any of the following offenses:
1. CSC 1st Degree (M.C.L. 750.520b)
2. CSC 2nd Degree (M.C.L. 750.520c(1)(a))
3. Kidnapping (M.C.L. 750.346)
4. Leading, Taking, Carrying Away, Decoying, or Enticing Away Child Under 14 (M.C.L. 750.350)
5. Child Sexually Abusive Activity or Material (M.C.L. 750.145c(2))
6. Child Sexually Abusive Activity or Material (M.C.L. 750.145c(3))
7. In addition, offenders who are convicted of any second or subsequent sex offense must register for their lifetime.

Permissive Denial of Assistance
3. Juveniles: If a juvenile family member has been charged as an adult in a crime, MSHDA will consider the situation on a case-by-case basis. Consult with MSHDA staff, specifically a Resource Specialist or Compliance Enforcement Coordinator for guidance.

4. If any member of the household commits fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program, it may result in denial of assistance. [24 CFR 982.552]

5. MSHDA Policy - If any household member is currently engaged in, or has engaged in any of the following criminal activities, within the past twelve months, the family will be denied assistance:
a. 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]

6. MSHDA Policy - If any household member is currently engaged in, or has engaged in any of the following criminal activities, within the past twenty-four months, the family will be denied assistance:
a. 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]
b. 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
1. MSHDA defines "immediate vicinity" as within a two-mile radius of the premises.
c. 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 MSHDA (including a MSHDA employee or MSHDA contractor, subcontractor, or agent)
d. Evidence of criminal activity can include, but is not limited to, any conviction, any arrest, or any record of eviction from public or federally assisted privately-owned housing as a result of criminal activity.

Termination Process
Before an individual or family member is terminated from the program for drug-related or violent criminal activity, Michigan State Housing Development Authority (MSHDA) considers the individual circumstances of the household. In evaluating evidence, MSHDA gives fair consideration to:
1. The seriousness of the activity with respect to how it would affect other residents;
2. The likelihood of favorable conduct in the future due to evidence of rehabilitation;
3. Any mitigating circumstances related to a disability. (An example of a mitigating circumstance is a family member who is an Alzheimer's disease patient who becomes verbally abusive.)
In determining whether to terminate assistance for illegal use of drugs by a household member who is no longer engaged in such behavior (this may be criminal conviction that occurred before entering the housing assistance program), the housing authority should consider whether the household member is currently actively and successfully participating in or has successfully completed a supervised drug rehabilitation program. The participant, or family member, would be required to provide evidence of the household member's active and current participation and/or successful completion of a supervised drug rehabilitation program which is approved by MSHDA, or evidence of otherwise having been rehabilitated successfully. Evidence of such would be proof in the form of record of attendance, and compliance with all rules of the assisting program, including no further criminal activity. A supervised drug rehabilitation program does not include self-help treatment programs, i.e. Alcoholics Anonymous.

Credible evidence or records are necessary to justify decisions. Such evidence might include drugs found in the most recently rented unit. Appropriate documentation includes judgments, police reports, complaints, letters from neighbors or management officers (or family members supported by documentation), restraining orders, evidence provided by police and the court system (such as raids), an arrest warrant issued, or any other written documents confirming or explaining the situation.

If termination is issued, the residents will no longer receive the rental payment assistance and will be responsible for the rent on their own. It is important to note that criminal or drug related behavior of family members or other members of the household may make the others in the home ineligible for housing assistance. This may be important for family members of young adults living with family in a home under a government assistance program.

Sources:

http://www.michigan.gov/documents/mshda/PPM_Chpt_V_Denials.4.10.09_278247_7.html

http://www.michigan.gov/documents/mshda/03_Adm_Plan_8-10_Eligibility_1.1.2012_374046_7.pdf