Miami-Dade Legislative Item
File Number: 063321
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File Number: 063321 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1435-06 Control: County Commission
File Name: TENANCIES OF PUBLIC HOUSING TENANTS Introduced: 11/16/2006
Requester: NONE Cost: Final Action: 12/19/2006
Agenda Date: 12/19/2006 Agenda Item Number: 11A3
Notes: Title: RESOLUTION DIRECTING THE COUNTY MANAGER TO AMEND THE MIAMI-DADE HOUSING AGENCY’S ADMISSIONS AND CONTINUED OCCUPANCY POLICY FOR PUBLIC HOUSING TO COMPLY WITH SECTION 3 OF THE UNITED STATES HOUSING ACT OF 1937 AS AMENDED BY THE VIOLENCE AGAINST WOMEN ACT AND DEPARTMENT OF JUSTICE REAUTHORIZATION ACT OF 2005 AND TO ADDRESS THE TENANCIES OF PUBLIC HOUSING TENANTS WHO ARE VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, OR STALKING; DIRECTING THE COUNTY MANAGER TO PROVIDE FOR A THIRTY-DAY COMMENT PERIOD AND PUBLIC HEARING; REQUIRING FINAL APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS
Indexes: PUBLIC HOUSING
Sponsors: Sally A. Heyman, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/19/2006 11A3 Adopted P
REPORT: Commissioner Sorenson addressed the renovation of the South Dade Victims’ Shelter. She stated the displaced victims from this shelter were referred to homeless shelters and these shelters did not offer the same level of services provided at domestic violence shelters, such as case management. She questioned if there were plans to complete the renovation of the South Dade Victims’ Shelter or if plans were being made to place victims in a new building. In addition, she questioned how the County handled the needs of domestic violence victims who were not necessarily homeless, but had other case management needs. Assistant County Manager Mae Bryant stated she understood that the facility would be ready in late March 2007. She noted staff was not referring victims of domestic violence to homeless shelters, but staff referred them to two other locations in the County. Ms. Bryant indicated when those facilities were full; staff referred those persons to a hotel. Commissioner Sorenson referred to a memorandum she received last week that indicated 23 referrals to homeless shelters had been made between October 2005 and September 2006. Responding to Commissioner Sorenson’s comments, Ms. Bryant stated those referrals did not interfere with the safety plan for domestic violence victims. She noted when a victim of domestic violence called; staff would do safety planning for the victim, which might indicate a shelter was inappropriate because the victim required a safer environment. Ms. Bryant informed the Board that Transition South was a second level of intervention for domestic violence victims as the County tried to transition them back into the community. Commissioner Sorenson stated when Transition South was full, domestic violence victims were referred to homeless shelters. Following Commissioner Sorenson’s comments, Ms Bryant stated if domestic violence referrals were unable to get into the 24 beds located at Transition South, the County would then move those victims to the Lodge which was located on the north end of the County. Furthermore, if that facility was full, a third shelter also located in the north would be utilized and, if the domestic violence victim could not be placed there and the safety plan warranted that they could not be placed at a homeless shelter, then the victim would be placed in a hotel. Commissioner Sorenson noted there were no services, but a safety plan existed which included case management for the victims. She asked Ms. Bryant to inform her if it was going beyond March 2007 because she had a lot of constituents who were interested. She noted domestic violence victims were being referred to shelters located in Monroe County and suggested the County might need a regional plan and should look at some kind of cooperative agreement. Assistant County Manager Bryant stated she was hopeful that it would be completed by March 2007. Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution as presented.

Community Empowerment & Econ. Revitalization Cmte. 11/27/2006 2C Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Ms. Cynthia Curry, Senior Advisor to the County Manager, noted a supplemental report (Agenda Item 2C Supplement, Legislative File No. 063358) to the foregoing proposed resolution. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution and Agenda Item 2C Supplement as presented.

County Attorney 11/16/2006 Referred Community Empowerment & Econ. Revitalization Cmte. 11/27/2006

County Attorney 11/16/2006 Assigned Terrence A. Smith 11/16/2006

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MANAGER TO AMEND THE MIAMI-DADE HOUSING AGENCY’S ADMISSIONS AND CONTINUED OCCUPANCY POLICY FOR PUBLIC HOUSING TO COMPLY WITH SECTION 3 OF THE UNITED STATES HOUSING ACT OF 1937 AS AMENDED BY THE VIOLENCE AGAINST WOMEN ACT AND DEPARTMENT OF JUSTICE REAUTHORIZATION ACT OF 2005 AND TO ADDRESS THE TENANCIES OF PUBLIC HOUSING TENANTS WHO ARE VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, OR STALKING; DIRECTING THE COUNTY MANAGER TO PROVIDE FOR A THIRTY-DAY COMMENT PERIOD AND PUBLIC HEARING; REQUIRING FINAL APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS

BODY
WHEREAS, on January 5, 2006, President Bush signed the Violence Against Women Act and Department of Justice Reauthorization Act of 2005 (“VAWA”) into law; and
WHEREAS, the VAWA prohibits the eviction of and removal of assistance from certain persons living in public housing or Section 8-assisted housing if the asserted grounds for such action is an instance of domestic violence, dating violence, or stalking, as those terms are defined in Section 3 of the United States Housing Act of 1937 as amended by VAWA; and
WHEREAS, on June 23, 2006, U.S. Department of Housing and Urban Development (“HUD”) issued PIH 2006-23 requiring all public housing authorities (PHAs) to inform tenants participating in all public housing and voucher programs as well as owners participating in the Section 8 voucher programs aware of the requirements of VAWA; and
WHEREAS, the VAWA requires all PHAs to include in their five-year annual PHA Plans to contain information regarding any goals, activities, objectives, policies, or programs of the PHA that are intended to support or assist victims of domestic violence, dating violence, sexual assault, or stalking, and to protect said victims and their immediate family members from losing their HUD-assisted housing as a consequence of the abuse of which they are a victim; and
WHEREAS, HUD intends at some future date to promulgate regulations regarding the VAWA; and
WHEREAS, pursuant to the federal regulations promulgated by the United States Department of Housing and Urban Development, (“HUD”) Miami-Dade County, by and through MDHA, is required to adopt and implement policies and procedures, which shall include but not be limited to tenant selection, the assignment process in public housing and the execution of lease agreements with public housing tenants; and
WHEREAS, on March 1, 2005, the Board adopted the Miami-Dade Housing Agency’s (“MDHA”) Admissions and Continued Occupancy Policy (ACOP), which was approved by HUD; and
WHEREAS, the current ACOP does not comply with the requirements of the VAWA and PIH 2006-23,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Directs the County Manager to amend the MDHA ACOP, subject to approval by the County Attorney, the Board and HUD, to comply with Section 3 of the United States Housing Act of 1937 as amended by VAWA and any future regulations implemented by HUD to address public housing tenants, who are victims of domestic violence, dating violence or stalking.
Section 2. Directs the County Manager to provide for a thirty (30) day comment period to include a public hearing on the ACOP amendments.
Section 3. Directs the County Manager to seek final approval from the Board following the close of the comment period and public hearing.



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