Multifamily Assisted Housing - PowerPoint Presentation

Slide1

MultifamilyAssisted Housing

Medical Marijuana

Smoke Free Housing

Firearms

Safety Rules

Conceal

Carry

Law

Deadly Force Laws

Slide2

Medical Marijuana

Slide3

Use of Marijuana inMultifamily Assisted Properties

The U.S. Department of Housing and Urban Development (HUD) released a memorandum December 29, 2014

regarding

the

classification of marijuana as a Schedule 1 substance under the

Controlled Substances Act (CSA).

The

memorandum states that the manufacture, distribution or possession of marijuana is illegal under federal law even if it is permitted under state law for medical or recreational purpose.

Slide4

Use of Marijuana inMultifamily Assisted Properties

Schedule I drugs

, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence. Some examples of Schedule I drugs are:

heroin, lysergic acid diethylamide (LSD),

marijuana (cannabis)

, 3,4-methylenedioxymethamphetamine (ecstasy),

methaqualone

, and peyote

Slide5

Use of Marijuana inMultifamily Assisted Properties

Schedule II drugs

, substances, or chemicals are defined as drugs with a high potential for abuse, less abuse potential than Schedule I drugs, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Some examples of Schedule II drugs are:

cocaine, methamphetamine, methadone,

hydromorphone

(

Dilaudid

),

meperidine

(Demerol), oxycodone (

OxyContin

), fentanyl, Dexedrine, Adderall, and Ritalin

Slide6

Use of Marijuana inMultifamily Assisted Properties

Schedule V drugs

, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Some examples of Schedule V drugs are:

cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC),

Lomotil

,

Motofen

,

Lyrica

,

Parepectolin

Slide7

Use of Marijuana inMultifamily Assisted Properties

Slide8

Use of Marijuana inMultifamily Assisted Properties

Owners of federally assisted housing must deny admission to any household with a member who the owner determines is, at the time of application for admission,

illegally using a controlled substance, e.g., marijuana, as defined by the CSA

.

In addition, the owner of federally assisted housing or a public housing agency shall establish standards or lease provisions that allow the owner or agency to terminate the tenancy or assistance for any household with a member that is illegally using a controlled substance or if the owner has reasonable cause to believe that the pattern of illegal use interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.

Slide9

Use of Marijuana inMultifamily Assisted Properties

While

the

Quality

Housing and Work Responsibility Act of 1998 (QHWRA)

denies tenancy to any federally assisted property if it is determined at the time of application for admission that the individual is illegally using a controlled substance as defined by the CSA; Section 577 of QHWRA affords owners the

discretion

to evict or not evict current tenants for their use of marijuana.

Slide10

"The Quality Housing and Work Responsibility Act of 1998”“Of Note”

Community service and family self-sufficiency requirements

.

Requires adult residents of public housing to contribute no less than 8 hours of work per month

within the community in which the adult resides, or to participate on an ongoing basis in an economic self-sufficiency or job-training program. Annual leases are required in public housing. Annual compliance reviews are required for the work requirement, and

leases shall not be renewed unless a resident is in compliance with the work requirements.

Exceptions from community work are provided for working families, senior citizens, disabled families, persons attending school or vocational training, or physically impaired persons. PHAs may administer work requirements through resident groups or third-party nonprofit organizations.

Slide11

Use of Marijuana inMultifamily Assisted Properties

Slide12

Use of Marijuana inMultifamily Assisted Properties

Slide13

Use of Marijuana inMultifamily Assisted Properties

Slide14

Use of Marijuana inMultifamily Assisted Properties

Slide15

Medical Marijuanain Illinois

According to the State of Illinois web site as of 3/4/15 there are approximately

18,400 citizens

who have

started the patient registration process for the Illinois Medical Cannabis Pilot Program since the Illinois Department of Public Health (IDPH) began accepting applications on September 2, 2014.

(2/4/15 there were approximately 14,000)

Of

those, approximately 2,500 have submitted one, two or all three parts of the application. IDPH has issued approximately 1,600 approval letters.

Slide16

Medical Marijuanain Illinois

Who Qualifies for Medicinal Marijuana in

Illinois

In August of 2013, Governor Pat Quinn of Illinois signed and enacted into legislation a proposed medical marijuana measure that was responsible for establishing an alternative treatment for serious diseases causing chronic pain and debilitating conditions. The intended purpose of this Act is to protect patients with debilitating medical conditions, as well as their physicians and providers, from arrest and prosecution, criminal and other penalties, and property forfeiture if the patients engage in the medicinal use of cannabis.

Entitled The Compassionate Use of Medical Cannabis Pilot Program Act, the measure establishes a patient registry program, protects registered qualifying patients and registered designated caregivers from "arrest, prosecution, or denial of any right or privilege," and allows for the registration of cultivation centers and medical marijuana dispensing organizations. Once the act goes into effect on January 1st of 2014, "a tax is imposed upon the privilege of cultivating medical cannabis at a rate of seven percent of the sales price per ounce."

Slide17

Medical Marijuanain Illinois

How to become a Medical Marijuana Patient in Illinois

Must

be at least 18 Years Of Age

Must be a Legal resident in the state of Illinois with proof of residency

A certification signed by a doctor that stating that in the physician's professional opinion the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition

Medical records showing a proof of diagnosis from 1 of the following qualifying conditions

Slide18

Medical Marijuanain Illinois

Qualifying Marijuana Patient Conditions

Under the Illinois' medical marijuana program, inquiring patients would qualify for an Illinois medical marijuana card if they suffer from conditions such as:

Cancer, glaucoma, a positive status for HIV (human immunodeficiency virus), AIDS (acquired immunodeficiency syndrome), hepatitis C, ALS (amyotrophic lateral sclerosis),

Crohn's

disease, agitation of Alzheimer's disease, cachexia or wasting syndrome, muscular dystrophy, severe fibromyalgia or any spinal cord disease, including but

not

limited to:

arachnoiditis

,

Tarlov

cysts,

hydromyelia

,

syringomyelia

, Rheumatoid arthritis, fibrous dysplasia, spinal cord injury, traumatic brain injury and post-concussion syndrome, Multiple Sclerosis, Arnold-

Chiari

malformation and

Syringomyelia

.

Patients may also qualify for medical marijuana if they suffer from a severely debilitating or terminal medical condition such as

Spinocerebellar

Ataxia (SCA), Parkinson's, Tourette's, Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD (Complex Regional Pain Syndromes Type I),

Causalgia

, CRPS (Complex Regional Pain Syndromes Type II), Neurofibromatosis, Chronic Inflammatory Demyelinating Polyneuropathy,

Sjogren's

syndrome, Lupus, Interstitial Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella syndrome, residual limb pain, or the treatment of these conditions.

Slide19

Medical Marijuanain Illinois

What’s Next For Illinois Medical Marijuana Dispensaries

?

CBS Chicago

February

3, 2015 5:21 PM

Illinois

could be just a few months away from seeing the first medical marijuana dispensary open its doors, but there are still hurdles ahead for those on the state’s new license

list. …Governor

Bruce

Rauner

granted 52 dispensary licenses and 18 cultivation licenses for medical marijuana after reviewing dozens of

applications. But its availability is still months

away….“

We anticipate at least a four to six month period for them to begin cultivation, grow the medicine, then have it ready for distribution,” said Ali

Nagib

with Illinois NORML. “Because all the medicine is being grown in Illinois, it all has to be started. None of these plants have been started yet.

”…four

months

may be

too ambitious, but once growers are ready to sell, they are free to sell to any licensed dispensaries in the

state….“

Everyone can set their own wholesale prices and retail prices,”

…Patients

also have to be approved by the state in order to buy medical marijuana.

Slide20

Smoke FreeHousing

Slide21

Optional Smoke-Free Housing Policy

Dec 2010, An unnumbered

Letter

provided guidance

for

Multi

-Family

Housing (

MFH) borrowers should they choose

to

implement optional smoke-free housing policies.

This guidance

is similar to recent guidance provided by the U.S. Department of Housing and

Urban Development

(HUD)

.

It is MFH’s opinion that exposure to smoke, whether direct or secondhand, causes adverse

health outcomes

such as asthma and other respiratory illnesses, cardiovascular disease, and cancer.

In addition

to the negative health effects of

secondhand smoke, smoking

can be a hazard to

physical structures

.

Slide22

Optional Smoke-Free Housing Policy

The United States Fire Administration (USFA) indicates smoking as the number

one cause

of home fire deaths in the United States. Furthermore, according to USFA about 1,000

people are

killed every year in their homes by fires caused by cigarettes and other smoking materials

.

MFH borrowers who choose to implement a smoke-free

housing

policy must update

their Management

Plans and Occupancy Rules, as applicable, to incorporate the smoke-free

housing requirements

.

Slide23

Optional Smoke-Free Housing Policy

MFH borrowers are encouraged to establish smoke-free policies that

pertain specifically

to their building and grounds including any common areas, entry ways, openings to

the building

(e.g. windows), and/or playground areas

.

In carrying out any smoke-free housing policy, MFH borrowers must comply with all applicable

fair housing

and civil rights

requirements.

Slide24

Optional Smoke-Free Housing Policy

MFH borrowers who choose to establish smoke-free housing policies may establish policies

that allow

smoking in individual units but prohibit smoking in all common areas or policies to create

a totally

smoke-free property.

Slide25

Optional Smoke-Free Housing Policy

In implementing a smoke-free policy, MFH borrowers should

follow the

following guidelines:

MFH

borrower’s policies:

Must

be in accordance with State and local laws.

Should

address smoking in a tenant’s unit, common areas, playground areas, areas

near any

exterior window or door, and areas outside a tenant’s unit.

Should

designate specific smoking areas and identify these areas with clear

signage unless

the MFH borrower establishes a totally smoke-free policy.

Slide26

Optional Smoke-Free Housing Policy

MFH

borrower must not have policies that

:

Deny

occupancy to any individual who smokes or to any individual who does not

smoke who

is otherwise

eligible for

admission.

Allow the MFH borrower to ask at the time of application or move-in whether

the applicant

or any members of the applicant’s household smoke. However, if the

MFH borrower

has established a smoke-free building as of a certain date, the MFH

borrower must

inform applicants after that date that the building is a totally smoke-free

building. The

MFH borrower must not maintain smoking or non-smoking specific waiting lists

for the

property

.

Slide27

Optional Smoke-Free Housing Policy

MFH

borrower must not have policies that

:

Allow the MFH borrower to ask at the time of recertification, whether the tenant or any members of the tenant’s household smoke.

Require

existing tenants, as of the date of the implementation of the smoke-free housing policies, to move out of the property or to transfer from their unit to another unit.

Slide28

Optional Smoke-Free Housing Policy

Grandfathering

MFH borrowers have the option to grandfather current tenants living at their property.

Such policies

must be clearly defined (e.g. whether current tenants are allowed to smoke in their units

) in

the Occupancy Rules.

Slide29

Optional Smoke-Free Housing Policy

Non-smoking wings, buildings, floors, or

units

MFH borrowers can establish smoke-free wings, buildings, floors, and/or units at their

property. When

a unit becomes available, regardless of where this unit is located, it must be offered to

the first

eligible household on the waiting list. Waiting lists must be maintained according

to existing

procedures found in 7 CFR 3560.154 (f).

Slide30

Optional Smoke-Free Housing Policy

MFH borrowers must implement any new smoking-related Occupancy Rules in accordance with

7 CFR 3560.157

.

New

admissions.

MFH borrowers are required

to

attach the Occupancy Rules

to leases.

Existing tenants.

MFH borrowers must notify existing tenants of the modifications to

the Occupancy

Rules at least 30 days in advance of implementation.

Slide31

Optional Smoke-Free Housing Policy

If a non-smoking policy is stated in the tenant’s lease, repeated violations of the non-smoking

policy may

be considered material noncompliance and may result in termination of tenancy.

When pursuing

eviction due to material noncompliance with lease requirements, existing

Agency procedures

are found in 7 CFR

3560.159

.

Slide32

Firearms Safety RulesConceal Carry LawDeadly Force Laws

Slide33

Firearms Safety

The

Second Amendment

(

Amendment II

) to the

United States Constitution

protects the right of the people to

keep and bear arms

. The

Supreme Court of the United States

has ruled that the right belongs to private individuals, while also ruling that the right is not unlimited and does not prohibit all regulation of either

firearms

or

similar devices

.

State

and

local governments

are limited to the same extent as the

federal government

from infringing this right per the

incorporation of the Bill of Rights

. The Second Amendment was adopted on December 15, 1791, as part of the first ten amendments contained in the

Bill of Rights

.

Slide34

As a manager or owner of a Multifamily Assisted Property, your tenants are subject to the same rights and freedoms of other non-residents. Your job is to protect the well-being of your tenants and having rules regarding gun safety and storage is part of that responsibility.Part of our responsibility is to make sure that our properties be safe, sanitary and decent.  It is the responsibility of each and every one of your tenants who own firearms to follow some simple policies to insure that those who live around them can still live safely.

Firearms

Safety Rules

Slide35

STATE/LOCAL TENANT LANDLORD REQUIREMENTS ARE DIFFERENT. CHECK WITH AN ATTORNEY OR HUD REPRESENTATIVE FAMILIAR WITH YOUR STATE REQUIREMENTS REGARDING FIREARMS.

Firearms

Safety Rules

Slide36

Here is a sample policy to add to your house rules:“All firearms in the possession of a resident, guest or service providermust be licensed and carried in accordance with state and local laws. All weapons/firearms must be stored in locked cabinets or cases. If removed from the cabinet/case for legal use (i.e. target practice at a firing range or hunting), the weapon/firearm must be transported in an appropriate carrying case from apartment to vehicle and back to the locked cabinet/case. Management reserves the right to request legal verification for a firearm from any resident, guest or service provider on our properties. “Openly carrying or displaying weapons or firearms is strictly prohibited on all of our properties.”

Firearms

Safety Rules

Slide37

The use of any type of weapon, firearm, or dangerous object is strictly prohibited within the boundaries of the property. This includes, but is not limited to:Shotguns, handguns, pistols, rifles, etc.Ammunition of any typePellet guns, B.B. guns, air guns (pistols, rifles, etc.), of any typeArchery equipment (bows, arrows, targets, etc.)Any and all types of sling shots or any device that could shoot a projectile

Firearms

Safety Rules

Slide38

All sharp edged or pointed objects (i.e., knife, sword, etc.) used with the intent to threaten, intimidate, or harm anotherAny and all types of explosives, fireworks, and explosive chemical(s)Any other type of instrument, object, and/or material that may be deemed a weapon when used with the intent to threaten, intimidate, or harm anotherThe illegal use of weapons by a resident, or a resident’s guest is prohibited and constitutes a material Lease violation.“Your Conceal Carry ruling if deciding no-carry”

Firearms

Safety Rules

Slide39

Illinois Public Housing Opens Doors to New Gun PolicyFebruary 12, 2013 By Derek MearnsIn the wake of recent gun-violence tragedies across America, gun-control has been a hotly debated issue. While some would argue that stricter regulations and controls is the answer to reducing firearm violence, those in Champaign, Illinois apparently think more is better, particularly in public housing. The Housing Authority of Champaign County announced last week that following pressure from its liability insurance provider, the Assisted Housing Risk Management Association (AHRMA), it has proposed a measure to allow personal firearms in all its public housing units beginning April 1. If approved by the housing authority’s board of commissioners, the policy would overturn the current ban on keeping guns within public housing communities. AHRMA believes that the ban violates residents’ Second Amendment rights outlined in U.S. Supreme Court rulings from 2008 and 2010.

Firearms

Safety Rules

Slide40

Illinois Public Housing Opens Doors to New Gun PolicyFebruary 12, 2013 By Derek MearnsContinued…Urbana, Illinois police have already voiced concerns over the new policy but the executive director of the housing authority’s board of commissioners, Ed Bland, believes the impact will be minimal and residents won’t rush out to arm themselves just because of a policy change.

Firearms

Safety Rules

Slide41

Illinois Conceal Carry Law

Defining

Concealed

Firearm

: A loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle. No

“open carry.”

Slide42

Illinois Conceal Carry Law

Applicants:

Must

meet qualifications

(Must be 21, have valid FOID card, etc.)

Must

provide an application and documentation required under

the

Act

Must

pay the required fees

Cannot

pose a danger to himself, herself or others, or a threat to public safety as determined by the Concealed Carry Licensing Review Board.

Slide43

Illinois Conceal Carry Law

Has not been found guilty of:

A

misdemeanor involving the threat of force or violence to anyone within five years of the application;

Two

or more offenses involving driving under the influence of drugs or alcohol within five years of the application;

Is

not the subject of a pending arrest warrant, prosecution or proceeding for any offense that would disqualify the applicant;

Has

not been in any residential or court-ordered alcohol or drug-treatment program within five years.

Slide44

Illinois Conceal Carry Law

Exceptions to Requirement for a License:

When on your own property, home or place of business. When invited onto the land or into the home of another person and the owner has granted permission to carry;

When

authorized under Section 24-2 of the Criminal Code (which generally covers police, military, prison guards and security guards licensed to carry a firearm);

When

the handgun is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a case.

Slide45

Illinois Conceal Carry Law

Prohibited Areas

The following areas will prohibit the carrying of a concealed weapon:

Schools

, including elementary, secondary, and pre-schools and child care facilities (Operators of a child care facility may possess a firearm, but must keep it in a locked container any time a child is present in the home)

State

property, including the executive, legislative and judicial branches (except designated hunting areas or buildings where firearms are permitted by the Dept. of Natural Resources)

Local

Government buildings

Slide46

Illinois Conceal Carry Law

Adult or juvenile detention centers,

prisons,

jails or other correctional institutions

Hospitals

, mental health facilities and nursing homes

Buses

, trains and other forms of public transportation, as well as buildings, property or parking lots under the control of a public transportation facility

Bars

(defined as any establishment that serves alcohol, if more than 50% of its gross

receipts

are from the sale of alcohol)

Public

gatherings and special events on property open to the public that requires a permit issued by a unit of local

government (street fairs, “taste of” events, festivals, etc.)

Slide47

Illinois Conceal Carry Law

Any

building or property issued a Special Event Retailers License for the sale of alcohol

Any

public playground

Parks

, athletic fields under the control of a city or park district (does not include a trail or bike path, if only a portion of the trail or bike path includes a public park)

Property

under control of the Cook County Forest Preserve District

Public

and private universities and colleges and community colleges, including classrooms, athletic venues, hospitals, laboratories, performance halls and galleries, as well as parking areas, sidewalks and common areas

Slide48

Illinois Conceal Carry Law

Gaming facilities, horse racing tracks and off-track betting parlors

College

and professional sports facilities

Libraries

Airports

Amusement

parks

Zoos

and museums

Slide49

Illinois Conceal Carry Law

Vehicles Are a Safe Haven

Anyone carrying a concealed firearm onto a parking area may store the firearm in a case that is locked in the vehicle or in a locked case in the vehicle. Persons are permitted to step out of their vehicle in order to lock the weapon in a trunk or retrieve it when leaving the area.

The “Safe Haven” provisions do not apply to nuclear power plants or facilities. They also do not apply to any area where firearms are prohibited by federal law.

Slide50

Illinois Conceal Carry Law

Businesses must make decision on concealed

carry

The

law

allows most businesses to decide whether to allow concealed carry of guns on their premises, as long as they follow Illinois State Police guidelines.

Businesses that do not want concealed carry are required to place a sign that features a red circle and slash over the black silhouette of a handgun with the phrase "Pursuant to 430 ILCS 66/65" in the bottom right

corner,

clearly and conspicuously posted at the entrance of the building, premises or real

property. The

circle must be 4 inches in diameter, and the entirety of the sign must measure 4-by-6 inches

.

The sign shall provide persons entering the property notice that they are entering a prohibited area in which, pursuant to the Act, they shall not carry a concealed firearm.

Slide51

Illinois Conceal Carry Law

Slide52

Illinois Conceal Carry Law

Herald &

Review

, January, 2014

John

Ninnemann

, co-owner of Downtown Café, said he hadn't put any thought into concealed carry in his business and had no interest in putting up a sign

. “

I doubt anyone would even really notice or care about it if I did put a sign up,” he said. “If someone is intent on bringing a gun, they’re probably going to do it anyway.

”

Steven Roach, executive director of Catholic Charities for Springfield, which operates in Decatur, said it's been a longtime policy to ban weapons from its premises, and the language of the new law allows them to

better clarify that stance

.

Slide53

Deadly Force LawsCriminal Offenses720 ILCS 5/ Criminal Code of 1961. 720 ILCS 5/Art. 7 headingArticle 7. Justifiable Use Of Force; Exoneration Sec. 7-1. Use of force in defense of person.Sec. 7-2. Use of force in defense of dwelling.Sec. 7-3. Use of force in defense of other property.Sec. 7-4. Use of force by aggressor.Sec. 7-5. Peace officer's use of force in making arrest. Sec. 7-6. Private person's use of force in making arrest. Sec. 7-7. Private person's use of force in resisting arrest. Sec. 7-8. Force likely to cause death or great bodily harm. Sec. 7-9. Use of force to prevent escape.Sec. 7-10. Execution of death sentence. Sec. 7-11. Compulsion.Sec. 7-12. Entrapment.Sec. 7-13. Necessity.Sec. 7-14. Affirmative defense.

Deadly Force Laws

Slide54

Sec. 7-1. Use of force in defense of person.     (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.

Deadly Force Laws

Slide55

Sec. 7-2. Use of force in defense of dwelling.     (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:         (1) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or         (2) He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.

Deadly Force Laws

Slide56

Sec. 7-3. Use of force in defense of other property.     (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.

Deadly Force Laws

Slide57

Things to Think About

Determine whether you and your employees will lawfully Conceal Carry to protect yourselves and your property. (Also when not on property itself.

If you decide to Conceal Carry, yourself, make sure you understand your rights and responsibilities under the Law.

Create your Policy regarding tenants and firearm safety, understanding what the Second Amendment to the U.S. Constitution allows.

Understand Illinois Conceal Carry Law and determine your stance regarding it on your property with tenants/guests.

Slide58

MultifamilyAssisted Housing

Medical Marijuana

Smoke Free Housing

Firearms Safety Rules

Conceal Carry Law

Deadly Force Laws