No-Trespassing Policies and EIV Update

April 23, 2009

In this month's issue, we discussed how to implement a no-trespassing policy to curb crime at your site. We also reported on the change of the effective date for HUD's new Enterprise Income Verification System (EIV) and Social Security number (SSN) disclosure requirements to Sept. 30, 2009. Here is a brief review of the highlights of those articles, followed by a quiz you can take to see how much you have learned.

In this month's issue, we discussed how to implement a no-trespassing policy to curb crime at your site. We also reported on the change of the effective date for HUD's new Enterprise Income Verification System (EIV) and Social Security number (SSN) disclosure requirements to Sept. 30, 2009. Here is a brief review of the highlights of those articles, followed by a quiz you can take to see how much you have learned.

No-trespassing policies. Many housing providers have adopted aggressive no-trespassing policies as a means of enhancing the safety, security, and livability of their multifamily housing sites. While public housing authorities may need to prepare detailed written standalone policies, other multifamily providers can simply put more forceful terms directly into their unit leases.

State and local trespass laws apply to all kinds of private property, including assisted housing sites. Owners, managers, and residents can ask the police to enforce these laws in a variety of circumstances.

By developing a working arrangement with the law enforcement agencies that patrol a site, site managers can quickly identify and warn trespassers, and help keep the site safe.

Residents have the right to invite whomever they please into their private units. However, once the guests are there, the resident becomes responsible for his guests' behavior in and around the site. Site managers can penalize residents based on their guests' behavior. You can also bar guests from returning if they break the house rules or break the law while they are there.

EIV update. Under current rules, the head of the household must disclose SSNs for all family members who are at least 6 years old. Beginning on September 30, site managers must collect and verify SSNs for all household members, regardless of age. In addition, you must get and verify SSNs for all applicants and new household members.

All multifamily owners and management agents must use EIV for all recertifications beginning on September 30.

As documentation that the participant disclosed the SSNs as required, site managers must keep a copy of a “valid SSN card issued by the Social Security Administration (SSA), or such other evidence of the SSN as HUD may prescribe in [future] administrative instructions.”

In addition, HUD has established strict security criteria for EIV that requires you to obtain user reauthorization every quarter.

Sidebar

TRAINER'S QUIZ

INSTRUCTIONS: Each of the questions below has only one correct answer. On a separate sheet of paper, write down the number of each question, followed by the answer you have chosen—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the quiz. Good luck!

Question #1

HUD rules establish a grace period for obtaining the Social Security numbers of children under age 6. Instead of providing them at recertification, the head of the household may provide them within 90 days of the recertification.

  1. True.

  2. False.

Question #2

After Sept. 30, 2009, EIV compliance will not be a part of Management and Occupancy Reviews.

  1. True.

  2. False.

Question #3

HUD rules require you to allow residents to dispute the contents of EIV reports.

  1. True.

  2. False.

Question #4

HUD has established trespass rules for all assisted housing sites that trump state and local trespass laws.

  1. True.

  2. False.

Question #5

A resident at an assisted housing site, Ms. Brewster, saw a suspicious person near the parking lot entrance on the east side of the building. Because there isn't a “No Trespassing” sign at that door, Ms. Brewster had no reasonable right to expect the police to take action under trespass laws.

  1. True.

  2. False.

Question #6

Multifamily assisted housing sites like Section 8 developments are considered public property, so normal trespass rules do not apply.

  1. True.

  2. False.

Question #7

Harrison Park Apartments has a policy requiring all guests to sign in at the front desk. Is the policy an inappropriate infringement on the rights of residents and their guests?

  1. Yes.

  2. No.

Question #8

Earl Walters lives in a unit in Harrison Park. He has repeatedly invited friends to his unit and had social gatherings there late at night. Sometimes his guests sign in downstairs, and sometimes they don't. Neighbors have complained about the noise. Mr. Walters says he can't be punished because of his noisy, disrespectful friends. Is he right?

  1. Yes.

  2. No.

Question #9

A trespassing graffiti artist visited Harrison Park and caused $1,500 in colorful damage one night. If the police apprehend the graffitist, the site owner may be able to go to court to get him to pay for the damages.

  1. True.

  2. False.

ANSWERS & EXPLANATIONS

Question #1

Correct answer: b

False. HUD has not created any exception or grace period to obtain SSNs for small children. All household members, including children, must have SSNs documented on file at their first recertification after Sept. 30, 2009. The new HUD rules require you to terminate the tenancy of a resident if he does not provide the required SSN documentation for all members of his household. Note, though, that applicants who cannot provide SSNs for all household members may retain their place on the waiting list for the site.

Question #2

Correct answer: b

False. After Sept. 30, 2009, EIV compliance will be a standard element in Management and Occupancy Reviews.

Question #3

Correct answer: a

True. Your policy can specify how and when the dispute can occur and be resolved, but you are required to allow residents the opportunity to see their own EIV information and dispute or correct it.

Question #4

Correct answer: b

False. HUD rules do not override state or local trespass laws that are applicable to private property. HUD lease provisions must be consistent with all applicable state and local laws on trespass.

Question #5

Correct answer: b

False. A trespass violation merely means that a person has entered private property without authorization. If the person Ms. Brewster saw was not a resident or guest of a resident, Ms. Brewster had every right as a site resident to ask the police to step in. Even if there was no sign indicating private property, the police could still act, and ask the person to leave. If he returned after they warned him to leave, the police could arrest him.

Question #6

Correct answer: b

False. Section 8 housing developments are private property, just like any other private housing development. Normal trespass laws apply.

Question #7

Correct answer: b

No. A written policy or house rule that is consistently applied and not overly severe is likely to be acceptable in most situations. The site owner or manager has a responsibility for the safety and security of the premises, and this is a reasonable step toward that goal.

Question #8

Correct answer: b

No. Mr. Walters is responsible for the conduct of his guests while they are on the premises. Guests must follow house rules, lease rules, and applicable laws. Under current lease terms, as site manager, you may penalize a resident based on the actions of his invited guests.

Question #9

Correct answer: a

True. State and local laws govern the situation, but it is likely that the law would allow the owner to hold the artist responsible for the damage he did while he was trespassing on the property. State and local laws vary, and civil and criminal trespass laws vary as well, so it is best to consult a local attorney to see if a court is likely to award damages.