Alternatives to Eviction: New Options for Housing Providers and Community Collaboration in Addressing Hoarding

Transcription

1 Alternatives to Eviction: New Options for Housing Providers and Community Collaboration in Addressing Hoarding Jesse Edsell-Vetter Hoarding Intervention Coordinator Metropolitan Boston Housing Partnership Objectives Understand the program requirements and tools available through low-income housing programs as they relate to hoarding intervention Examine how fair housing laws and Reasonable Accommodation requests can be used by a variety of professionals to facilitate an effective hoarding intervention. Learn how to effectively work with community partners to reduce clutter Understand the role of post-compliance monitoring in maintaining reduced clutter levels 1

2 Part 1: Subsidized Housing Subsidized Housing Programs Overview Common Code Violations Metropolitan Boston Housing Partnership's Hoarding Intervention Model Subsidized Housing Requirements All units must be in compliance with Housing Quality Standards (HQS). The responsibility to maintain HQS compliance falls on both property owner and tenant. Residents must comply with program rules and regulations. This includes compliance with the Statement of Obligations. Residents must maintain compliance with all lease requirements and may be terminated from the subsidized housing program if evicted for cause. If residents are terminated from the subsidized housing program, they have the right to appeal their termination. 2

3 Housing Quality Standards (HQS) In order for an apartment to be leased by a Section 8 voucher holder, the unit must meet the inspections requirements of HUD s Housing Quality Standards (HQS). Common hoarding related HQS violations include: Blocked egress (doors/windows cluttered, no path in home, etc) Items against a heat source (oven/stove, furnace) High fire load (large volume of flammable possessions) No access to sinks, bath tub, etc due to clutter Infestation Trip and crush hazards (tall stacks of items, items in egress path) Under normal circumstances, residents and property owner have 30 days to correct violations. If the unit fails the follow-up inspection, an additional 14 days are given. Failure to correct violations can result in termination of the Section 8 contract with the property owner and/or termination of the tenant's subsidy. Statement of Family Obligations In order to become eligible and maintain eligibility for the Federal Section 8 Housing Subsidy Program, it is necessary that a participant family fulfill the obligations established by the Department of Housing and Urban Development (HUD). These include agreeing not to: Commit any serious or repeated violation of the lease Damage the unit or premises (other than damage from ordinary wear and tear) or permit any guest from damaging the unit or the premise The tenant signs a document outlining the Family Obligations and acknowledges that they understand that a violation of these obligations may result in termination from the Section 8 program. 3

4 The Lease Most landlords and subsidized housing providers utilize a lease that includes the provisions: Maintain the unit in a clean and sanitary condition Not alter the unit without the Owner s permission (incl. changing or adding locks) Not damage the unit, common areas or grounds Upon reasonable notice, allow Owner to enter dwelling unit in order to inspect the premises, to make repairs thereto. The Tenant will not be unreasonable in denying entry. The Owner may also enter upon the premises without prior consent if it appears to have been abandoned by the Tenant or in the case of an emergency Termination of the Housing Subsidy If a tenant violates a subsidized housing program regulation, fails inspection due to tenant caused violations or is evicted, they may be terminated from the program. In these cases, tenants have the right to appeal and request a hearing. At the hearing, they may present evidence to show that the problem has been corrected or they have a plan to correct with the assistance of others. The hearing officer may reinstate the tenant into the subsidized housing program. In many cases, this is done with specific conditions that must be met. (Example: reinstatement and requirement to participate in case management.) 4

5 MBHP's Hoarding Intervention Model Structure Case Study Metropolitan Boston Housing Partnership s Model for Addressing Hoarding Issues Our Goals: To provide tenants with the support needed to maintain healthy, safe, and sanitary housing To prevent loss of rental assistance subsidy Eviction Prevention 5

6 Referral Comes In Hoarding Team Receives Referral and Schedules Assessment Home Visit GOAL: To assess condition of the unit and tenant s insight into problem Hoarding Team member accompanies inspector for reinspection of unit Case Management Process Begins Initial action plan is developed using information from the inspection report, assessments and input from the resident and property manager/inspector Time and support are given for voluntary compliance Voluntary Compliance Track Non-Compliance Track 6

7 Voluntary Compliance Track Staff meet to strategize about case management needs Service Plan and Agreement signed by tenant to address hoarding issue Case management/home visit; meet with professional organizer; seek treatment; regular check-ins with inspections on progress. Tenant is given support and time. Compliance Non- Compliance Monitoring Non-Compliance Track Case Conference when there is a refusal to cooperate and come into compliance Hoarding case team meets to make recommendations to tenant and to give baseline requirements for compliance Re-inspection of unit to assess any changes (positive or negative) Possibility for move to Non-Compliance voluntary track 7

8 Non-Compliance Track (cont.) Continued Non-Compliance TERMINATION FROM PROGRAM Termination with No Appeal Submitted Appeal Hearing Potential move to voluntary track If tenant continues non-compliance, termination Reinstatement with Conditions James Case Study James is a 39 year-old, bi-racial gay man living in the Greater Boston area. He holds a Section 8 voucher and lives in a large multi-family apartment building. At the time of referral, he was facing eviction and termination from the Section 8 program due to hoarding behavior. James suffers from major depressive disorder, ADHD and bi-polar disorder. He is socially isolated and has an internet addiction. James has received Department of Mental Health services in the past but no longer receives services. He held a part-time job successfully for 4 months. James has a large collection of books, magazines and newspaper clippings. The books are stored in his living room on shelves made from cinder blocks and wooden boards. The shelves are 15 apart and take up the entire living room. He also has a significant collection of military models, replica weapons and other related items. In his bedroom, there are broken computers, books and laundry. The closets in the unit are filled with old clothing, old computers, computer parts and boxes of books. When asked about his collections, James indicates that the people he interacts with only see his mental illness rather than seeing his intelligence. James dreams of being able to start a research library with a focus on social justice issues. He also talks about how his internet addiction, ADHD and depression make it difficult to keep up with daily tasks such as laundry. 8

9 James Housing Program Violations James failed the annual inspection done by his Section 8 housing provider due to tenant caused health/safety violations. As a result of the condition of his unit, James has violated the Section 8 program Statement of Family Obligations he signs each year. James has violated the condition of his lease that requires that he maintain the unit in a safe and sanitary manner. He was given a 30 day Notice To Quit by his property owner. Part 2: Fair Housing Laws Defining Fair Housing Laws Reasonable Accommodations Issues of Direct Threat Housing Provider Obligations 9

10 Fair Housing and Hoarding The Fair Housing Act Amendments of 1988, defines persons with a disability to mean those individuals with mental or physical impairments that substantially limit one or more major life activities (US Dept. of Justice website) Compulsive hoarding is a mental health issue that, in most cases, limits a persons ability to conduct one or more major life activities (ex. showering, cooking, etc) What is Reasonable Accommodation? Definition: A request for a change or waiver to policies, practices, procedures or services to provide greater use and accessibility of the housing services. Request process: -An internal formal process can be used but not mandated -A verbal request is allowed -A written note or letter from applicant or tenant preferable 10

11 Fair Housing and Hoarding Clients with a compulsive hoarding problem have the right to request a reasonable accommodation from their property owner or housing subsidy provider A reasonable accommodation would still require that minimum health and safety requirements are met by the client Reasonable accommodation requests will likely primarily be requests for additional time to come into compliance with housing codes. Reasonable accommodation plans will also help to hold the client accountable. A client can request more than one reasonable accommodation Example: Reasonable Accommodation Letter To Whom It May Concern: I am writing to request a reasonable accommodation because of a disability. I would like to propose the following plan to address the issues you have raised in my home: 1. I will immediately clear an egress path for emergency purposes. 2. I request an additional time to bring the living room, bedroom and kitchen into compliance. I request an initial 6 weeks to bring the living room into compliance and will work with you and those assisting me to determine appropriate timelines moving forward based on the progress made 3. I will work with local organizations to reduce clutter in my home and develop a plan to ensure that it will not become re-cluttered moving forward. Sincerely, 11

12 Denying a Reasonable Accommodation Request A housing provider can deny a reasonable accommodation request in the following circumstances: 1. If there is a direct threat to the health/safety of others* 2. If the request would be an administrative and financial burden 3. If the request would fundamentally change the nature of the housing program * Unless the Reasonable Accommodation would remedy the direct threat concerns James Reasonable Accommodation Request James made 2 Reasonable Accommodation requests (1 to his property owner and 1 to the agency that holds his housing subsidy) Property owner request: to halt the eviction process until the end of the Section 8 provider's inspection process; access to the on site dumpsters to dispose of items Section 8 administrator: 30 days between all inspections in order to have time to work between inspection dates with a case manager; the same inspector for all inspections 12

13 Part 3: Community Partnership The Role of Community Partners Formal vs. Informal Partnerships Joint Service Plans Post-Compliance Monitoring Working as a Team Clients/tenants with hoarding can be expensive, difficult and time consuming No discipline has all the expertise needed; increases range of knowledge and skill available to tenant Greater opportunity for resource identification; reduces resources required by any one agency Networking potential for future cases 13

14 Communicating as a Team Clear communication among team members and with the resident is critical Be clear, with each other and with the client, about the role and expectations of each team member Identify who will coordinate the team and who makes the final decision on compliance Ensure all team members understand the health/safety violations and what is necessary to meet compliance (with protective services, inspections, etc) Whenever possible, utilize a joint service plan including a schedule for inspections Utilize for regular contact with team members James Intervention Map Flexible Funds for cleanout Inspection Dept reasonable accommodation Post-Compliance Monitoring Home Visits MBHP Occupational Therapist DMH Case Management Individual Therapy Visiting Nurse 14

15 Post-Compliance Monitoring Post-Compliance monitoring is a critical component in preventing relapse in hoarding cases Monitoring can be done by anyone working with the client Monitoring visits are brief check-ins to determine how well client is maintaining a reduced level of clutter in the home and identify any barriers to maintaining compliance Monitoring also helps the client to understand the on-going nature of the work required to address their hoarding problem 15