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Special Committee on Review of Records Access of Circuit Court Documents

Special Committee on Review of Records Access of Circuit Court Documents. Testimony by Ken Barbeau, Housing Authority of the City of Milwaukee. Housing Authority of the City of Milwaukee. Provides housing to over 10,700 low-income households. Wisconsin’s largest landlord

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Special Committee on Review of Records Access of Circuit Court Documents

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  1. Special Committee on Review of Records Access of Circuit Court Documents Testimony by Ken Barbeau, Housing Authority of the City of Milwaukee

  2. Housing Authority of the City of Milwaukee • Provides housing to over 10,700 low-income households. • Wisconsin’s largest landlord • About 4,000 public housing units and over 1,000 affordable housing units • Over 5,700 Housing Choice Vouchers (Section 8 rent assistance) • 2,000 private sector landlords participate in voucher program, receiving a total of more than $32.5 million in rental subsidies.

  3. Screening criteria for suitability as a tenant • An applicant’s past performance in meeting financial obligations, especially rent. • A record of disturbance of neighbors, destruction of property, or living or housekeeping habits at prior residences which may adversely affect the health, safety, or welfare of other tenants. • A history of criminal activity involving crimes of physical violence to persons or property, and other criminal acts including drug-related criminal activity which would adversely affect the health, safety or welfare of other tenants.

  4. Other screening criteria: • Currently owe rent to any housing authority • Have committed fraud, bribery, or other corruption related to a Federal housing assistance program. • Were evicted from assisted housing within past 3 years for drug use or possession. • Were evicted from assisted housing within past 5 years for drug manufacture, sale, distribution, possession with intent

  5. Other Screening Criteria: • Are illegally using a controlled substance or are abusing alcohol in a way that may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. • Have an outstanding warrant from a court of criminal jurisdiction. • Lifetime bans for manufacturing methamphetamine or if subject to lifetime registration on a State sex offender registry.

  6. How do we use CCAP? • Aliases and addresses • Open Warrants • Harassment/restraining orders • Landlord/tenant civil judgments

  7. How do we use CCAP? • Criminal history • “You may terminate tenancy and evict the tenant through judicial action for criminal activity by a covered person in accordance with this subpart if you determine that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity, and without satisfying a criminal conviction standard of proof of the activity.”

  8. How do we use CCAP? • Criminal history: • Not Guilty—Not used • Expunged—Not used • Guilty—Review the actual criminal complaint • Dismissed—Review the actual criminal complaint—Is it based on hearsay?

  9. Summary • We do not rely solely on information in CCAP to form a yea/nay decision on an applicant for housing. • We do not use a case where the court adjudicated the case and found the defendant not guilty. • Not in favor of expunging records where a case was dismissed. These records are needed to determine a history of criminal activity or behavioral issues that impact the health, safety, or welfare of tenants or their right to peaceful enjoyment of the premises.

  10. Summary • CCAP access has allowed us to: • Quickly winnow cases down to those most relevant • Not waste time on other cases • Has allowed us to institute a policy that treats applicants consistently with regards to our screening criteria (regardless of county of offense) • Has sped up the application process for applicants who wait on long waiting lists as it is

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