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Transitional Housing Participant Misconduct Act

Transitional Housing Participant Misconduct Act. General Rule :

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Transitional Housing Participant Misconduct Act

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  1. Transitional Housing Participant Misconduct Act • General Rule: • All agreements for housing involving “tenants, lessees, boarders, lodgers, and others HOWEVER DENOMINATED” are subject to the unlawful detainer process. Civil Code Sect. 1940 (Narrow exceptions for certain transient hotel/motels). • Health & Safety Code Sect. 50580 et. seq. • Purpose: To exempt THPs from UD process under certain urgent circumstances.

  2. What is a Transitional Housing Program? • ANY program designed to assist homeless persons to live independently in permanent housing with ALL the following components: • Residency requirements from 30 days to 24 months. • Provides comprehensive social service programs including individualized case management and may include other services such as alcohol/substance abuse counseling, self-improvement training, employment and training, and independent living skills. • Provides temporary housing with structured setting and rules with which participants need to comply to remain in program.

  3. What is a Transitional Housing Operator? • A government agency or private nonprofit receiving ANY portion of its transitional housing program (THP) funds from a governmental source • OR • Hired by one of the above to operate a THP.

  4. What is a THP Participant? • A homeless person under contract with a THP operator to participate in a THP and to use a dwelling unit in the program site. • Homeless person = Individual or family who lacked a fixed, regular, and adequate nighttime residence or lived in a shelter or institution. • Includes any person living with participant.

  5. Does THP need a written contract with participant? • THPs are not required to have written contracts. However, to utilize Transitional Housing Participant Misconduct process, there must be a written contract with the following: • THP rules and regulations. • Statement of Operator’s right of control over and access to the unit. • Statement of procedures and rights under the Act. (See, Judicial Council Form)

  6. What is “Program Misconduct”? • THP may get TRO as alternative to UD process for “Program Misconduct” which are intentional violations of THP rules and regs which “substantially interfere with orderly operation of program” AND involve one of the following: • Drunkenness on site • unlawful use or sale of drugs; • theft; • arson; • destruction of property;* • violence or threat of violence and harassment.* • * includes operator, other participants, employees, persons living w/in 100 ft of program site.

  7. How does a THP operator “evict” a participant for program misconduct? • Use the eviction/Unlawful Detainer process. • OR • Temporary Restraining Order (TRO). • 2 step process: • File application for immediate restraining order pending hearing. May include orders to stay away from THP site, refrain from misconduct, or move out of unit (exclusion order). • Hearing on permanent injunction (generally, w/in 5 days of filing TRO). • Notice of hearing must contain contact information of local Legal Services office.

  8. TRO Limitations • Cannot use TRO against a participant who has been in THP for 6 months or more, unless an injunction or TRO is already pending against the participant. • Cannot get exclusion order under TRO prior to full hearing unless there is an emergency situation and it is necessary to protect another participant, employee, or person w/in 100 ft of THP site from imminent serious bodily injury.

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