Pike County Housing Authority Trespass Policy i

Transcription

1 Pike Cunty Husing Authrity Trespass Plicy i Intrductin This sectin explains the cmpnents f the Pike Cunty Husing Authrity s (PCHA) trespass plicy, based n HUD regulatins, State f Illinis statutes, and PCHA plicy decisins. HUD prvides n guidance n the subject f trespass. Therefre, it is up t the PCHA t have specific plicies in place t deal with the issue in a legally sund manner. PCHA plicies related t trespass are brken ut int 5 sectins: Sectin I: Residents Right t Guests and Visitrs. This sectin describes PCHA s resident s rights t have guests and visitrs. Sectin II: Authrized Persns. This sectin describes what persns are cnsidered authrized t enter the premises f PCHA prperty. Sectin III: Unauthrized Persns. This sectin describes what persns are NOT cnsidered authrized t enter the premises f PCHA prperty. Sectin IV: Criminal Trespass. This sectin defines criminal trespass, describes what criminal trespass is, wh is subjected t that status, and hw lng the status remains with the persn. Sectin V: Criminal Trespass Appeals. This sectin describes the resident s right t appeal the criminal trespass status. Sectin I: Residents Right t Guests and Visitrs I.A. Overview The PCHA has substantial and meaningful ties t the residents f public husing and the surrunding cmmunities. Fr this reasn, it is essential t establish plicies that prtect the right f tenants t have visitrs and prvide the PCHA with a tl t keep disruptive and dangerus persns ff f husing develpment prperty. I.B. Guests and Visitrs PCHA residents have a right t have bth visitrs and guests t their public husing unit. A visitr is an individual wh is nt being prvided accmmdatins (staying) in the unit. A guest is a persn wh is being prvided accmmdatins (staying) in the unit. The resident is respnsible fr the behavir f bth visitrs and guests. Bth visitrs and guests must cnduct themselves in a manner that is nt in vilatin f the tenant s lease. I.C. Apprval f Guests and Visitrs 1

2 All guests staying lnger than 7 days require prir written apprval f the PCHA since they are being prvided accmmdatins (staying) in the unit. If a guest is staying lnger than 14 days they will be reviewed by PCHA t determine as t whether they shuld be included in the residents husehld. Visitrs d nt require prir written apprval f the PCHA since they are nt being prvided accmmdatins (staying) in the unit. Sectin II: Authrized Persns II.A. Authrized Persns Entrance t PCHA prperty is restricted t PCHA residents, their husehld members, authrized guests, and visitrs entering with the resident s permissin, as well as PCHA staff, cmmissiners, PCHA agents, cntractrs, security and law enfrcement fficials carrying ut fficial PCHA r law enfrcement business. II.B. Visitrs Entering with Resident s Permissin The PCHA will nt require written ntificatin frm the resident when a visitr is expected, but the PCHA will seek a resident s apprval f a visitr s presence at the time when a visitr is bserved n the prperty. If the PCHA is unable t cnfirm the tenant s apprval f that visitr, they will be required t leave the prperty. Sectin III: Unauthrized Persns III.A. Unauthrized Persns The fllwing persns are nt authrized t enter the public husing prperty: Visitrs wh d nt have the apprval f the tenant t visit their unit. Residents withut valid identificatin. Residents r persns wh have been previusly cnvicted fr Criminal Trespass n any PCHA prperty. Evicted frm federally assisted husing fr drug-related criminal activity. Cnvicted f the prductin r manufacture f methamphetamine n the premises f federally assisted husing. Registered sex ffenders. Felns cnvicted f the prductin f methamphetamines. 2

3 III.B. Cnsequences fr Unauthrized Persns The PCHA r its agents will require unauthrized persns t immediately leave the prperty. If the unauthrized persns immediately leave the prperty then there will be n further actin. If the unauthrized persns d nt immediately leave the prperty then they will be subject t the Criminal Trespass prvisin in this plicy as utlined in Sectin IV, belw. SECTION IV: Criminal Trespass IV.A. Overview This sectin prvides a definitin f Criminal Trespass, wh is subject t Criminal Trespass, the cnsequences f Criminal Trespass, Criminal Trespass resulting in Barred status, and the length f Criminal Trespass resulting frm Barred status. IV.B. Definitin f Criminal Trespass The definitin f Criminal Trespass fr this plicy is the definitin f such fund in the State f Illinis statutes. Criminal Trespass is when a persn knwingly and withut legal authrity enters r remains within r n a building; r enters upn the land f anther after receiving, prir t such entry, ntice frm the wner r ccupant that such entry is frbidden; r remains upn the land f anther, after receiving ntice frm the wner r ccupant t depart; r presents false dcuments r falsely represents his r her identity rally t the wner r ccupant f a building r land in rder t btain permissin frm the wner r ccupant t enter r remain in the building r n the land. A persn has received ntice frm the wner r ccupant, that he/she has been ntified persnally, either rally r in writing, f a printed r written ntice frbidding such entry that has been cnspicuusly psted r exhibited, at the main entrance t such land r the frbidden part theref. IV.C. Persns Subject t Criminal Trespass Persns wh are cnsidered t be in vilatin f the Criminal Trespass statute, and therefre this plicy, are unauthrized persns wh d nt leave the public husing prperty when required t d s by this plicy, the PCHA, the PCHA s agents, r thse whse behavir n site is a: Disturbance f the resident s peaceful enjyment f the premises. A cmplaint shuld be filed with PCHA and/r law enfrcement regarding this behavir. Destructin f the public husing prperty. Threat t the health r safety f residents, PCHA staff, r their agents. 3

4 Drug-related criminal activity. Illegal use f a drug. Pattern f illegal use f a drug that interferes with the health, safety, r right t peaceful enjyment f the premises by residents. A cmplaint shuld be filed with PCHA and/r law enfrcement regarding this behavir. Criminal activity that threatens the health, safety, r right t peaceful enjyment f the premises by ther residents (including PCHA staff residing n the premises) r by persns residing in the immediate vicinity f the premises. A cmplaint shuld be filed with PCHA and/r law enfrcement regarding this behavir. Abuse f alchl r a pattern f abuse f alchl that threatens the health, safety, r right t peaceful enjyment f the premises by residents. A cmplaint shuld be filed with PCHA and/r law enfrcement regarding this behavir. IV.D. Cnsequences f Criminal Trespass When a persn is subject t the Criminal Trespass statute and this plicy, they: Must leave the prperty immediately r the PCHA will have them arrested fr Criminal Trespass. Must nt return t the prperty r any ther PCHA prperty r the PCHA will have them arrested fr Criminal Trespass. Residents knwn t assciate with a Barred individual shall receive ntice that the individual is Barred frm PCHA prperty. The ntice shall als state that pursuant t the Resident s lease, the resident r members f the resident s husehld shall nt allw the individual wh has been Barred frm entering the prperty. Allwing the individual nt PCHA prperty shall be cnsidered a lease vilatin. IV.E. Criminal Trespass Resulting in Barred Status Persns wh are subject t the Criminal Trespass statute and this plicy will be Barred frm the prperty where the incident(s) ccurred and any ther PCHA prperty fr the time perids nted in Sectin IV.F., unless they have been successful in seeking Appeal frm the PCHA as detailed in Sectin V.A. IV.F. Length f Criminal Trespass fr Barred Status 4

5 The persns subject t the Criminal Trespass prvisin in this plicy will be cnsidered t be Barred frm PCHA prperty fr the fllwing time perids: One year Visitrs wh d nt have the apprval f the tenant t visit their unit. Residents r persns Barred fr Criminal Trespass frm any PCHA prperty fr reasns ther than thse listed in Sectin IV.F. Five Years Determined by the severity f the ffense Registered Sex Offenders ther than thse subject t life time registratin. Drug-related criminal activity. Vilent criminal activity. Residents r persns wh have been previusly cnvicted fr Criminal Trespass n any PCHA prperty. Criminal activity that threatens the health, safety, r welfare f tenants includes: Criminal activity that threatens the health r safety f PCHA staff, cntractrs, subcntractrs, r agents. Criminal sexual cnduct, including but nt limited t sexual assault, incest, pen and grss lewdness, r child abuse. Ten Years Determined by the severity f the ffense Registered Sex Offenders ther than thse subject t life time registratin. Drug-related criminal activity. Vilent criminal activity. Residents r persns wh have been previusly cnvicted fr Criminal Trespass n any PCHA prperty. Criminal activity that threatens the health, safety, r welfare f tenants includes: Criminal activity that threatens the health r safety f PCHA staff, cntractrs, subcntractrs, r agents. 5

6 Criminal sexual cnduct, including but nt limited t sexual assault, incest, pen and grss lewdness, r child abuse. Lifetime Cnvictin fr drug-related criminal activity fr the prductin r manufacture f methamphetamine n the premises f federally assisted husing. Subject t a lifetime registratin requirement under a state sex ffender registratin prgram. SECTION V: Criminal Trespass Appeals V.A. Criminal Trespass Appeals Prcess A resident may request a hearing t remve the Barred individual frm the PCHA s Criminal Trespass list in accrdance with the PCHA s Grievance Prcedure as detailed in their Admissins and Cntinued Occupancy Plicy (ACOP). If it is the determinatin f the Hearing Officer t remve the persn frm the Criminal Trespass list, the Executive Directr r designee will remve him/her frm the Criminal Trespass list. i 9/7/16 Versin 6