PEMBROKE HOUSING AUTHORITY (PHA)
BAN POLICY AND APPEALS PROCEDURE
Effective Date: October 1, 2003
Pursuant to the authority set forth in federal and state law, this policy and procedure is adopted to establish, implement and enforce a written policy and procedure to ban person from properties owned or managed by the Pembroke Housing Authority (hereinafter "PHA"), which person threaten the safety, health or right to peaceful enjoyment of residents, visitors or guests of residents, or PHA employees or agents on properties owned or managed by PHA or PHA staff. The Board of commissioners of PHA finds and declares that drug-related activities and crimes of violence have occurred on properties owned or managed by PHA which have threatened and may continue to threaten the safety, health and right to peaceful enjoyment of residents, visitors or guests of residents and PHA employees and agents. A list of properties owned or managed by PHA is attached hereto as Appendix 1.
By its adoption of this policy and procedure, the Board of Commissioners of PHA hereby delegates enforcement of this policy and procedure to its Community Safety Team. The Community Safety Team shall consist of a Community Safety Team Leader (the Executive Director of PHA or his/her designee); all Department Heads of PHA; and the Chief of Police for the Pembroke Police Department. Any member of the community Safety Team may consult with law enforcement officers to implement and enforce this policy and procedure. Other persons and/or departments may be consulted to insure consistent application of policy and procedure.
III. GENERAL POLICY:
Residents are required to abide by the terms and conditions of their lease. Residents have the responsibility to ensure that their household members and their guests or visitors comply with the terms and conditions of the lease. If it is determined that a resident, household member, or visitor or guest of a resident or another person poses a threat to the safety, health or right to peaceful enjoyment of residents, household members, or visitors or guests of residents or PHA employees or agents, any member of the Community Safety Team may investigate and coordinate compliance and enforcement efforts.
IV. WHAT CONSTITUTES BEING BANNED?
The following persons, based upon circumstances described hereinafter, may be banned from properties owned or managed by PHA:
V. DRUG-RELATED CRIMES; OTHER PROSCRIBED CRIMES:
Any member of the community Safety Team is authorized to recommend the banning of persons from properties owned or managed by PHA.
The Community Safety Team Leader is authorized to ban persons from all property owned or managed by PHA.
VII. BANNING PROCEDURE:
VIII. THE BAN LIST:
IX. HOW LONG DOES NAME REMAIN ON BAN LIST:
X. PROCEDURE FOR APPEAL OF BAN:
XI. EXPIRATION OF BAN PERIOD:
When the facts are made known to the Community Safety Team Leader, he/she shall remove a person from the Ban List upon the expiration of the applicable time period for that person or upon a decision by the Appeal Hearing Team that the person shall be removed from the Ban List. The Community Safety Team Leaders shall also review the Ban List and shall remove from the Ban List any person whose name has been on the Ban List for three (3) years, unless there is competent, material and substantial evidence that the person should remain on the Ban List. Only the Community Safety Team Leader has authority to remove persons from the Ban List.