The Trainer — May 2009

No-Trespassing Policies and EIV Update

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 Sept. 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 Sept. 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.

 

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.

a. True.

b. False.

Question #2

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

a. True.

b. False.

Question #3

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

a. True.

b. False.

Question #4

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

a. True.

b. 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.

a. True.

b. False.

Question #6

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

a. True.

b. 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?

a. Yes.

b. 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?

a. Yes.

b. 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.

a. True.

b. False.