One Strike and You're Out Policy
A. Purpose
It is the policy of the Eustis Housing Authority (Housing Authority) that all residents shall enjoy decent, safe, and sanitary living conditions.
B. Authority
Drug-related criminal activity, other criminal activity, and alcohol abuse in public housing and assisted housing communities increase resident fear and decrease unit marketability. Therefore, the Housing Authority will not tolerate such behavior from its applicants or residents.
C. Definitions
Drug-related criminal activity is defined as the illegal manufacture, sale, distribution, use, or possession with the intent to manufacture, sell, distribute, or use of a controlled substance.
D. Procedures for Applicants
1. The Housing Authority shall screen out and deny admission to any applicant whereby either the applicant or authorized occupants proposed by applicant:
a. Has a recent history of criminal activity involving crimes to persons and/or other criminal acts that affect the health, safety, or right to peaceful enjoyment of the premises by other residents;
b. Was evicted from assisted housing within three years of the projected date of the admission because of the drug-related criminal activity. This requirement may be waived if:
(1) the person demonstrates successful completion of a rehabilitation program approved by the Housing Authority; or,
(2) the circumstances leading to the eviction no longer exist. For example, the individual involved in drugs is no longer in the household because the person is incarcerated.
c. The Housing Authority has determined the applicant to be legally using a controlled substance.
d. The Housing Authority has determined the applicant to be abusing alcohol in a way that may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.
e. The Housing Authority has determined that there is a reasonable cause to believe the applicant's pattern of illegal use of a controlled substance or pattern of abuse of alcohol may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.
2. The Housing Authority may waive policies prohibiting admission in these circumstances if, the applicant demonstrates to the Housing Authority's satisfaction that the applicant is no longer engaging in illegal use of a controlled substance or abuse of alcohol, and;
a. the applicant has successfully completed a supervised drug or alcohol rehabilitation program; or,
b. the applicant has otherwise been rehabilitated successfully.
E. Procedures for Residents
1. The Housing Authority shall terminate the tenancy/rental assistance of any resident who:
a. The Housing Authority has determined is illegally using a controlled substance; or,
b. The Housing Authority has determined that the resident's abuse of alcohol interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents; or,
c. The Housing Authority has determined to be engaging in drug-related criminal activity, either on or off the premises; or,
d. Engages in any criminal activity that threatens the health, safety or right to peaceful enjoyment of the premises by other residents.
F. Procedures for Housing Authority
1. The Housing Authority shall track crime-related problems at its developments and report any incidents to the local police authorities in order to improve law enforcement and crime prevention.
2. The Housing Authority will forward any resident complaints received concerning crime-related to the local authorities.
3. The Housing Authority will review police reports and newspaper articles concerning crime-related problems with its residents and bring such problems to the attention of local authorities.
4. The Housing Authority shall document its progress toward meeting its goals under the implementation plan for any drug prevention or crime reduction program funded by the Department of Housing and Urban Development and being administered by the Housing Authority.
