MANAGEMENT MANUAL – CHAPTER IV, APPENDIX B – TERMINATION OF TENANCY –

NON-DESIRABILITY ACTIONS

TABLE OF CONTENTS

I. POLICY STATEMENT - NON-DESIRABILITY AS A GROUND FOR TERMINATION OF

TENANCY...................................................... 2

II. NYCHA DEPARTMENTS CONCERNED WITH TERMINATION PROCEEDINGS..... 2

A. OFFICE OF RESIDENT REVIEW AND COUNSELING (ORRC) .................... 2

B. LEGAL DEPARTMENT ................................................... 2

C. HEARING OFFICER .................................................... 3

D. AUTHORITY MEMBERS .................................................. 3

E. SOCIAL CASEWORK DIVISION OF ORRC ................................... 3

III. CATEGORIES AND CRITERIA OF NON-DESIRABILITY.................. 4

A.Non-Desirability is defined by the Authority as the conduct or behavior of

the tenant or any person occupying the premises of the tenant which
constitutes any of the following:.................................... 4

1. A danger to the health and safety of the tenant's neighbors ..... 4

2. Conduct on or in the vicinity of the Authority premises which is in
the nature of a sex or morals offense........................... 5
3. A source of danger or a cause of damage to the employees, premises or
property of the Authority....................................... 5
4. A source of danger to the peaceful occupation of other tenants. .. 6
5. A common law nuisance ............................................ 6

IV. DOCUMENTATION OF TENANT CASES................................. 6

A. Tenant Folder Entries .............................................. 6

B. Follow - Up Investigations and Reports ............................. 7

C. Procedure to be followed by the Housing Manager .................... 8

V. MEASURES TO PREVENT TERMINATION OF TENANCY .................... 9

A. Tenant Education and Orientation .................................... 9

B. Early Recognition of Problem Situations ............................ 10

C. Follow-up Action ................................................... 10

D. Referral for Specialized Assistance ................................ 10

E. Written Notice to the Tenant ....................................... 11

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 MANAGEMENT MANUAL – CHAPTER IV, APPENDIX B – TERMINATION OF TENANCY –
NON-DESIRABILITY ACTIONS

I. POLICY STATEMENT - NON-DESIRABILITY AS A GROUND FOR

TERMINATION OF TENANCY

The policy of the Authority is to create for its tenants an environment

conducive to healthful living, family stability, sound family and
community relations and proper upbringing of children.

A family shall be continued in occupancy when, in the light of its

conduct while residing in the project, it does not constitute:

A detriment to health or safety of the community or a cause of damage

to the property of the Authority or its tenants.

The responsibility for the initial recommendation of eligibility or

ineligibility of the tenant rests with the Housing Manager. Final
determination on the ground of Non-Desirability rests with the
Authority after a hearing before a Hearing Officer.

Each tenant is to be given an opportunity to discuss the problem with

the Housing Manager before a decision is to be made to submit the tenant's
record for review by ORRC. A tenant may not be found ineligible until
(s)he has been afforded a hearing before the Hearing Officer, at which
time (s)he may be represented by any person of his/her choice and may
call his/her own witnesses.

II. NYCHA DEPARTMENTS CONCERNED WITH TERMINATION PROCEEDINGS

A. OFFICE OF RESIDENT REVIEW AND COUNSELING (ORRC)

The Office of Resident Review and Counseling is responsible for

reviewing all cases where the Housing Manager recommends
termination of tenancy for Non-Desirability to determine if the
record contains sufficient basis for the recommended action.

B. LEGAL DEPARTMENT

The Legal Department is responsible, upon recommendation

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MANAGEMENT MANUAL – CHAPTER IV, APPENDIX B – TERMINATION OF TENANCY –
NON-DESIRABILITY ACTIONS

of ORRC, for preparing formal charges against the tenant based on

the factual evidence in the record.

C. HEARING OFFICER

The Hearing Officer is responsible for conducting impartial

hearings and making dispositions.

D. AUTHORITY MEMBERS

The decision of the Hearing Officer is reviewed by the Members of

the Authority. Relying only upon the Record, the review is limited
to whether the decision of the Hearing Officer is contrary to any
applicable laws or violates Authority procedures.

E. SOCIAL CASEWORK DIVISION OF ORRC

The Social Casework Division of ORRC assists ORRC in making

decisions relating to termination of tenancy by evaluation of
individuals or families who are having housing related
difficulties. The Social Casework Division also will be concerned
with such families by determining what type of help is needed and
to find an established public or private agency capable of
furnishing the required assistance, where appropriate. An example
of this would be a case involving the problem behavior of an elderly
person. This type of case needs thorough investigation as to the
causes for this behavior and the particular needs, e.g. possible
institutional care or other special assistance, of the elderly
person.

Cases intended for assessment by the Social Casework Division

may be forwarded to ORRC for referral.

Reports prepared by the Social Casework Division, as a result of

its study of families in difficulty, are to be considered part of
the documentation and factual material upon which Housing Managers
and ORRC are to base their recommendations and decisions as to
eligibility for continued occupancy. In reviewing such reports, it
should be understood that the recommendations of the Social Casework
Division are advisory in nature. The decisions of ORRC are based
on an over-all review of the information available to

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MANAGEMENT MANUAL – CHAPTER IV, APPENDIX B – TERMINATION OF TENANCY –
NON-DESIRABILITY ACTIONS

him/her, including the tenant's folder and any supporting

material submitted by the Housing Manager, the Social Casework
Division report, as well as additional information obtained
from other sources by ORRC.

Copies of confidential Social Casework Division reports will be

forwarded to the projects concerned. Such reports are intended
solely for the Housing Manager's use and under no circumstances
are to be revealed to others or filed in the tenant's folder.

III. CATEGORIES AND CRITERIA OF NON-DESIRABILITY

A. Non-Desirability is defined by the Authority as the conduct

or behavior of the tenant or any person occupying the
premises of the tenant which constitutes any of the
following:

1. A danger to the health and safety of the tenant's

neighbors

This category includes but is not limited to the sale

of dangerous drugs or illegal possession of a deadly
weapon.

Familiarity with that section of the Penal Law dealing

with dangerous drugs will be helpful to the Housing
Manager in submitting records to ORRC. All drug arrests
except marijuana arrests which are covered by Article
221, are covered by Article 220 of the Penal Law and the
gravity of the offense is indicated by the number
following 220, as follows:

220.05 Criminal possession in the fourth degree.

(Misdemeanor - does not mandate submission for
termination unless there are other factors of an
undesirable nature in the tenant record.)

220.10 Criminal possession in the third degree.

(Indicates intent to sell, is a Class E felony and
requires submission to the ORRC.)

220.15 Criminal possession in the second degree.

(Indicates intent to sell or the possession

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NON-DESIRABILITY ACTIONS

of a large amount of narcotic drugs. This is a

Class D felony and requires submission to ORRC.)

220.20 Criminal possession in the first degree.

(Indicates possession of a considerable quantity
of narcotic drugs. This is a Class C felony and
requires submission to ORRC.)

220.30 These charges all relate to criminally

220.35 selling of a dangerous drug and require
220.40 submission to ORRC.)

220.45 Criminally possessing a hypodermic needle. This

is a misdemeanor and does not require submission
to ORRC unless there are other factors of an
undesirable nature in the tenant record.)

2. Conduct on or in the vicinity of the Authority premises

which is in the nature of a sex or morals offense.

Included in this general category are forcible or

statutory rape, sexual abuse of children, indecent
exposure, sodomy, carnal abuse, impairing the morals of
a minor, use of the apartment for prostitution, etc.

Cases involving morals offenses, whether committed by

an adult or a minor, should be submitted by the Housing
Manager to ORRC.

Prior to submission, the Manager is to determine

whether the victim is willing to testify and, if
so, make the proper notation in the tenant folder.

3. A source of danger or a cause of damage to the employees,

premises or property of the Authority.

This category may include any substantial or repetitive

damage to Authority property such as instances of fire and
flood, vandalism of elevators, damage to intercoms or
attacks on Authority employees.

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NON-DESIRABILITY ACTIONS

4. A source of danger to the peaceful occupation of other

tenants.

May include frequent loud disturbances such as music

played late at night or loud parties, instances of fire
and flood, extremely poor housekeeping* or loitering where
it results in noise which unreasonably disturbs or
interferes with the comfort of other tenants.

5. A common law nuisance

May include any other unacceptable behavior which

occurs on a repeated basis.

* Extremely Poor Housekeeping - where the condition of the

apartment is such as to create a fire hazard, results in damage
to the apartment or to the Authority equipment because of improper
care or use by the tenant, or adversely affects the comfort of
neighbors by reason of infestation or foul odors emanating from
the tenant's apartment.

NOTE: The examples listed above in each of the five categories

described are only to be used as a guideline for submitting
non-desirability cases. Under no circumstances are they to be
considered the only possible examples of non-desirability. Any
questions regarding eligibility for submission to ORRC on
grounds of non-desirability are to be referred to the Tenant
Administrative Hearings and Appeals Division of the Legal
Department.

IV. DOCUMENTATION OF TENANT CASES

A. Tenant Folder Entries

The ability of the Authority to institute and sustain

termination actions will depend in large measure on the nature
and quality of the documentation contained in the tenant's
folder. Accordingly, it is essential that all interviews,
incidents and facts upon which the Housing Manager may
eventually rely in making a recommendation to terminate
tenancy be fully detailed, giving names and addresses of
complainants or witnesses, badge number and other
identification where police are involved, date and time of
occurrence, and the nature of the incident or contact. If,
during the course of an interview, the tenant makes an
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NON-DESIRABILITY ACTIONS

admission concerning any incidents or complaints, it is

important that such admission be included in the record.
The following guidelines should be observed when making
tenant folder entries:

1. All entries in tenant folders shall be legible, clear and

complete.
2. Entries shall indicate the source of the information.
3. All persons mentioned in such entries shall be clearly
identified by name. This includes members of the tenant's
family, persons making complaints, as well as employees who
may be involved.
4. Copies of reports by Housing Officers, Guards, etc., or
extracts of pertinent sections thereof, shall be incorporated
in the tenant folder.
5. All interviews or discussions with tenants, which are
pertinent in evaluating the record of tenancy, shall be
recorded in detail. It is important that such entries reflect
the tenant's attitude and the degree of cooperation.
6. Detailed information shall be given of the nature and cause
of any arrest, incident, offense, violation or other act of
non-desirable behavior recorded in the tenant folder

Similarly, reports of unacceptable housekeeping cannot be

properly evaluated unless the report reflects the specific
conditions noted at the time of apartment inspection. Entries
such as "bad housekeeping," or "apartment in horrible
condition," or "no improvement since last inspection" are not
adequate, since they do not spell out the details of the
condition of the apartment.

B. Follow - Up Investigations and Reports

It is the Housing Manager's responsibility to initiate

follow-up investigations and reports which are necessary for
the proper documentation of a case. The following are examples
of areas requiring follow-up investigation:

1. Uncorroborated complaints or reports of tenant misbehavior

must be investigated by project staff and documented to the
extent possible. In special situations, where the
investigation is beyond the means of the project staff,
request for assistance shall be made to the NYCHA Police
Department.
2. Reports of "poor housekeeping" by exterminators or other
maintenance personnel require follow-up investigation by
a member of the management staff. A detailed record of the
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MANAGEMENT MANUAL – CHAPTER IV, APPENDIX B – TERMINATION OF TENANCY –
NON-DESIRABILITY ACTIONS

conditions observed at the time of such visit shall be

entered in the tenant folder. In addition, any plan for
corrective action and follow-up visits shall also be noted.
3. The NYCHA Police Department receives reports of current
arrests. Pertinent identifying information is then
forwarded to the Housing Manager of the project concerned.
Upon receipt of such information, it is the Housing
Manager's responsibility to obtain details of the arrest
through interviews with the tenant.

C. Procedure to be followed by the Housing Manager

The Housing Manager shall work with the tenant in
resolving whatever problem exists, make referrals and
assist in obtaining outside help where indicated.

1. After carefully reviewing the facts, it is the

responsibility of the Housing Manager to determine
whether termination proceedings should be initiated.
See Management Manual Chapter IV, C.,P. 16 for forms to
be used.
2. The tenant may be accompanied by someone, such as an
attorney, to assist him/her. An attorney may not
participate in the interview but may be consulted by the
tenant apart from the project interviewer.
3. The tenant must be given an opportunity to present
his/her side of the story and shall be informed that any
statement or document deemed pertinent may be submitted.
4. The Housing Manager shall record in the tenant file all
the details of the interview, particularly the
following.
a. Copies of all letters and notices to the tenants

b. A summary of the Housing Manager's statement to the

tenant.

c. A factual statement of the tenant's admissions,

denials or explanations which the tenant claimed
have a bearing on the case.

d. A statement that the tenant was advised of all

applicable procedures and of his/her rights of
appeal.

e. The Housing Manager's conclusion from the facts

presented.

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NON-DESIRABILITY ACTIONS

5. If the tenant has failed to appear for the interview or

if the Manager has decided after the interview to
terminate, the tenant shall be notified through Form
040.187A, Letter Notifying Tenant of Manager's
Recommendation to Terminate. This letter informs the
tenant that the record is being referred to ORRC for
further determination as to eligibility.

6. The tenant folder is then forwarded to ORRC.

The tenant folder must be accompanied by a correctly

completed Transmittal to ORRC - Termination of Tenancy
Case, Form 040.276&R.

It will not be necessary for the Housing Manager to

summarize the case or to spell out the reasons for
his/her recommendation.

V. MEASURES TO PREVENT TERMINATION OF TENANCY

Stated in the simplest terms, the Authority's primary function is

to house families. Accordingly, it is the Housing Manager's
responsibility, within his/her area of control, to prevent,
correct or alleviate problem situations before they develop to a
point where there is no alternative but to terminate tenancy. The
following steps are basic to this effort:

A. Tenant Education and Orientation

The mutual obligations and responsibilities of the tenant and

the Authority - the basic "ground rules" of the landlord-tenant
relationship - must be clearly interpreted to the tenant from
the very outset. The renting interview and the subsequent new
tenant visit can very well set the tone for all future contacts.
The Project Newsletter and special communications, as well as
interviews, discussions and meetings with tenants can be of
invaluable assistance in the education and orientation process.

B. Early Recognition of Problem Situations

All staff members, Maintenance as well as Management, must be

made aware of their responsibility for bringing present or
potential problem situations to the attention of the Housing
Manager without delay. A problem that is permitted to fester,
misbehavior which is permitted to become an accepted way of
life, is much more difficult to correct than those situations
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NON-DESIRABILITY ACTIONS

which are recognized and acted on promptly.

C. Follow-up Action

Once a situation has been recognized as a present or potential

problem, expeditious follow-up is necessary. This includes
responsible investigation of the facts and discussion with the
tenant to obtain the tenant's side of the story and to inform
him/her of the basis for Management's concern with the family's
behavior. It should be made clear to the tenant what corrective
action is expected.

D. Referral for Specialized Assistance

Where efforts of project staff fail to correct the situation

in a reasonable period of time and involvement of a social agency
is indicated, the tenant should be referred by the Housing
Manager to private or public agencies for specialized
assistance. In instances where families are already known to
such agencies, it is important that the agencies be kept
informed of new developments and of Management's plans
concerning the tenant. Where Housing Managers are unable to
arrange direct referrals to agencies, the Social Casework
Division should be consulted for advice or other specialized
assistance. In certain instances it may also be appropriate to
involve relatives for additional assistance.

E. Written Notice to the Tenant

In addition to discussions, it is generally advisable to give

the tenant warning in writing in situations where corrective
action is feasible. Such written notice is particularly
appropriate where it is intended to give the tenant a final
opportunity to correct the condition complained of in order
to forestall the necessity for termination proceedings.
Furthermore, in the event it ultimately becomes necessary for
the Housing Manager to submit the case to ORRC with a
recommendation to terminate tenancy, the written notice serves
to strengthen the documentation of the efforts made to effect
correction of the problem.

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