The Trainer — July 2013
SCREENING APPLICANTS FOR DRUG & CRIMINAL ACTIVITY; CONTROLLING EMERGENCY REPAIR COSTS
In this month’s feature, we discussed how HUD’s “one-strike” rule sets out specific grounds for denying admission to applicants based on certain drug-related and other criminal activity. The rule requires you to add certain screening criteria to your resident selection plan and lets you add other optional criteria to screen out applicants with drug-related and criminal backgrounds. And it requires you to determine whether applicants meet these criteria, by asking all adult applicants to answer specific questions about their criminal backgrounds and performing appropriate criminal background checks.
Our article on maintenance explained that HUD rules make it hard for you to pass on the extra cost of emergency repairs to your residents, so you’re often the one who will be stuck paying them. We gave you four tips to help you avoid having to make emergency repairs—and to control the costs of those emergency repairs you can’t avoid.
QUIZ
QUESTION #1
HUD requires you to deny an application if:
a. Any household member has been evicted from a federally assisted site for drug-related criminal activity within the past three years.
b. Any household member is currently engaging in illegal drug use.
c. Any household member is subject to a lifetime registration requirement under a state sex offender registration program.
d. All of the above.
e. Only a. and b.
QUESTION #2
You can deny the application of anyone who doesn’t give you written consent to conduct a criminal background check. True or false?
a. True.
b. False.
QUESTION #3
You can’t charge an applicant for the cost of conducting a criminal background check. True or false?
a. True.
b. False.
QUESTION #4
If an applicant doesn’t meet some of the screening criteria spelled out in your resident selection plan, it’s OK to make an exception and approve the application, as long as the criteria is “optional,” and not HUD-mandated. True or false?
a. True.
b. False.
QUESTION #5
Delaying routine repairs or major equipment purchases is a good way to save money. True or false?
a. True.
b. False.
QUESTION #6
Using site space to store extra parts and equipment is a poor use of site resources. True or false?
a. True.
b. False.
QUESTION #7
Giving maintenance workers cell phones to respond to emergency repair calls can reduce their response time and save money. True or false?
a. True.
b. False.
ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: d
All of the above. You may also adopt optional screening criteria—for example, you may reject a household if, during a reasonable time before the date of the admission decision, a household member is currently engaging in, or has engaged in, drug-related criminal activity; violent criminal activity; or other criminal activity that would threaten other residents’ health, safety, or right to peaceful enjoyment of the site.
QUESTION #2
Correct answer: a
True. Federal and state laws require you to get an applicant’s consent to release criminal information to you or to any agency or contractor who screens for you.
QUESTION #3
Correct answer: a
True. HUD makes it clear that you can’t charge applicants a fee for criminal background checks.
QUESTION #4
Correct answer: b
False. It’s best to reject all applicants who don’t meet the criminal screening criteria spelled out in your resident selection plan, even the “optional” criteria. Picking and choosing can invite fair housing complaints by other applicants with similar criminal backgrounds.
QUESTION #5
Correct answer: b
False. Don’t try to save money by putting off necessary periodic maintenance and replacement of site equipment, appliances, roofs, fixtures, boilers, plumbing, HVAC, and electrical systems. Delaying can end up costing you much more in emergency costs.
QUESTION #6
Correct answer: b
False. Keeping in stock extra parts and equipment—such as plumbing supplies, electrical parts, door locks, and smoke detectors—that you may eventually need to make emergency repairs is prudent. You can buy these items when the price is right so you’re not forced to pay top dollar when you need them. And having extra items on hand helps avoid delays in fixing problems that pose a threat to residents and could get you in legal hot water, such as broken doors and locks.
QUESTION #7
Correct answer: a
True. If maintenance staff doesn’t respond quickly to certain emergencies, such as flooding toilets, they can lead to damage that requires much more costly repairs. One way to speed staff response time is by giving on-call maintenance staff cell phones to use in emergencies, and giving residents this emergency number.