Housing Authority Section 8 Non-Criminal Investigations/Inspections
BACKGROUND
The Department receives many requests to provide security and ensure the safety for agency workers who are not law enforcement officers, such as requests from housing authorities, Code Enforcement, et cetera. These agencies have their own policies and procedures for requesting law enforcement and interacting with law enforcement. They also have their own policies and procedures on how to handle the incident for which they are requesting security.
PURPOSE
This directive establishes procedures for deputy personnel who are called to ensure the safety of non-law enforcement agency workers of the housing authorities. Responsibility for enforcing Section 8 non-criminal rules and regulations rests with the housing authority and not with the Department.
A housing authority may initiate investigations/inspections to ensure compliance in its programs. A housing authority worker’s role is to conduct administrative investigations/inspections for compliance in its programs. These housing authority investigations/inspections are non-criminal in nature. Deputy personnel are not to participate in these investigations/inspections but are merely there, when requested, to ensure the safety of the housing authority worker whether inside and/or outside of the location/residence. Deputy personnel do have an obligation, however, to take law enforcement action if a crime occurs in their presence that is unrelated to Section 8 compliance (i.e., not based solely on administrative violations of the Section 8 program) or a person is present at the location for whom the deputy has probable cause to believe has committed a crime unrelated to Section 8 compliance.
If an arrest results from a crime unrelated to Section 8 compliance, the name of the housing authority worker shall be included in the arrest report. Any audio or video of the consent to enter the location/residence, if granted to either the housing authority worker or the Department member, shall be placed into evidence. Information regarding any housing authority investigation/inspection shall be referenced in the report and copies of consents shall be requested from the housing authority worker. Evidence of Section 8 rule violations identified by a housing authority worker may not serve as the basis for law enforcement action.
The procedures set forth in this Directive are intended to provide a safe, controlled, and consistent response to requests from housing authorities. It is not the intention of this Directive to dissuade a housing authority from conducting its lawful function within a Department jurisdiction and in accordance with its policies and procedures. It is this Directive’s purpose to ensure that investigations/inspections are not being used to harass residents in their homes or motivate residents to relocate from their homes.
POLICY AND PROCEDURES
When a station/unit receives a call for service by a housing authority worker requesting Department presence to ensure the worker’s safety, the housing authority worker shall respond to the station/unit and complete a “Non-Criminal Investigation/Inspection Security Request” form. The form is required and must be approved by the station/unit watch commander before dispatching a deputy to this type of call for service. The watch commander shall require written proof from the housing authority worker that his/her Section 8 investigation/inspection is approved by his/her supervisor.
Watch Deputy’s Responsibility
Watch Commander’s Responsibility
The Watch Commander shall:
Responding Deputy’s Responsibilities
NOTE: Consent to enter in this context does not constitute consent to search; entry shall be solely for the purpose of protecting the housing authority worker.
Watch Sergeant’s Responsibilities
The Watch Sergeant shall:
Investigations of Fraud on the Voucher Program
Housing Authority Referred InvestigationsAll allegations of fraud on the voucher program referred through a housing authority worker will be submitted to the detective bureau lieutenant prior to the start of any investigation. The detective bureau lieutenant will evaluate the need for an independent investigation and will notify the housing authority of his or her decision. If an investigation is deemed appropriate, the detective bureau lieutenant shall assign the case to a detective who will generate an incident report using the 787 statistical code. The detective bureau lieutenant will ensure that the investigation is not being used to harass residents or motivate them to relocate. Once the housing authority-referred fraud investigation is complete, the handling detective shall submit the case to the District Attorney’s Office. The Department will analyze data containing the 787 statistical code on a countywide basis at least semiannually to ensure that voucher-related law enforcement actions are not being used to harass residents in their homes or motivate residents to relocate from their homes.
Department Personnel Initiated Investigations
All proposed independent investigations for criminal fraud based on voucher holder compliance with the voucher contract shall be evaluated by the detective bureau lieutenant prior to the start of the investigation. The detective bureau lieutenant will ensure that the investigation is not being used to harass residents or motivate them to relocate. If an investigation is deemed appropriate, the detective bureau lieutenant shall assign the case to a detective who will generate an incident report using the 787 stat code and note the detective bureau lieutenant’s concurrence in the report. Once the investigation is complete, the handling detective shall submit the case to the District Attorney’s Office. The Department will analyze data containing the 787 statistical code on a countywide basis at least semiannually to ensure that voucher-related law enforcement actions are not being used to harass residents in their homes or motivate residents to relocate from their homes.
Secretariat Responsibilities
Department Operation (or Search) Entries
Housing authority personnel shall not be notified in advance of Sheriff’s Department operations such as warrant services, probation/parole sweeps, “Cease Fire” operations, CPB/COPS surveys, DCFS checks, sex registrant compliance checks, or warrant checks. They shall not be invited to participate in ongoing Sheriff’s Department operations even if Department personnel become aware that a particular residence or individual receives Section 8 housing assistance. Reserve deputies, working in the capacity of a housing authority worker, shall not be permitted to accompany Department personnel during field operations.
If Department personnel conduct an entry of a location/residence for law enforcement purposes and a housing authority worker happens to be present, the housing authority worker shall not enter the location/residence until all law enforcement action is complete. Law enforcement entry into the location/residence does not give the housing authority worker implied consent to enter the location/residence. The housing authority worker will need to obtain his/her own consent for entry.
Requests for Information Regarding Section 8 Residents
Department personnel shall not ask for, nor secure, names or addresses for Section 8 residents who receive vouchers for housing from housing authority personnel or any other source to conduct Department operations such as warrant services, probation/parole sweeps, “Cease Fire” operations, CPB/COPS surveys, DCFS checks, sex registrant compliance checks, or warrant checks.
Department personnel shall not ask any individual whether he or she receives Section 8 housing assistance (i.e. during traffic stops or while checking suspicious persons), nor will they seek such information from other sources such as landlords or neighbors.
Reserve deputies working in their capacity as a housing authority worker shall not have access to confidential databases such as JDIC.
ATTACHMENTS
Non-Criminal Investigation/Inspection Security Request Form (SH-R-635, Rev 03/2018)
Consent for Entry to Provide Security Form (SH-R-634, Rev 03/2018)
http://lasdweb/sites/eForms/Documents/FOD%2012-02%20Section%208%20(Attachment%20Forms)%20New%20Star.pdf