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Author: New York City Department of Investigation

Title: NYPD and NYCHA's Roles in Controlling Violent and Narcotics Crime By Removing Criminal Offenders from Public Housing

Summary: Since 1996, the New York City Police Department (NYPD) and New York City Housing Authority (NYCHA) have operated under a joint public safety agreement requiring NYPD to inform NYCHA of arrests of NYCHA residents, or on NYCHA property, so that NYCHA can then take steps to keep dangerous criminals out of public housing. NYPD has failed to comply with this agreement in that it does not routinely inform NYCHA of arrests, eve n where they involve sexual assault, gun possession, or n arcotics trafficking. In turn , even when informed of such arrests, NYCHA often fails to take steps to remove such criminals from public housing and thus protect the overwhelming majority of law abid ing residents. These systemic failures documented by a Department of Investigation review of thousands of files have contributed to disproportionately high violent crime rates at NYCHA, including a shooting incidence rate that is four times higher tha n in the City as a whole. EXECUTIVE SUMMARY In 1996, N YPD and NYCHA entered into a Memorandum of Understanding (MOU) , through which NYPD agreed to provide NYCHA with all arrest and complaint reports concerning criminal activity taking place at NYCHA dev elopments, or committed by NYCHA residents. The purpose of the MOU is to enable NYCHA, the largest landlord in New York City, to undertake its critical obligation to maintain safety and security at public housing developments by monitoring criminal activ ity at public housing developments , evict ing criminal offenders where needed to protect public safety, and address ing physical security vulnerabilities highlighted in these reports. After several incidents in which crimes were committed on NYCHA property by known felons, the New York City Department of Investigation (DOI) conducted a proactive investigation to determine NYPD's compliance with the 1996 MOU. This led to a further investigation of NYCHA's efforts to evict or exclude individuals and families whose criminal activities pose a threat to their neighbors. DOI's investigation revealed several key failures by both NYPD and NYCHA: 1) NYPD is out of compliance with the MOU because it does not provide NYCHA with NYPD complaint reports concerning NYCHA properties. 2) NYPD is also violating the MOU by failing to share with NYCHA reports of arrests of non - residents on NYCHA property. 3) Pursuant to Patrol Guide procedure known as "Cases For Legal Action" (CFLA) , NYPD is required to report to NYCHA all arrests of NYCHA residents on NYCHA property for certain enumerated serious violent and drug crimes . However, NYPD's actual compliance with this internal procedure in a sample one - month period was only 67% . As a res ult, NYCHA loses opportunities to address dangerous conditions by evicting or excluding residents who have committed violent crimes. 4) NYCHA , in turn, fails to take sufficient action to ensure that criminal offenders who pose a danger to their neighbors are removed from public housing. Specifically, NYCHA has a weak enforcement record of terminating tenancies based on criminal activity by public housing leaseholders or unauthorized occupants (dubbed "non - desirability" cases). 5) Longstanding NYCHA procedure known as "Permanent Exclusion" allows NYCHA to exercise discretion concerning NYPD Cases For Legal Action referrals. Specifically, although NYCHA has legal authority to evict the entire household of a criminal offender who presents a danger to neighbors' safety or peac eful tenancy, instead NYCHA may and frequently does opt for the less severe sanction of Permanent Exclusion of only the individual offender from the apartment, thus allowing possibly innocent household members to remain in public housing. DOI's investigation revealed that NYCHA's enforcement of Permanent Exclusion is essentially toothless, such that criminal offenders are allowed to return to NYCHA housing without consequences . 6) DOI further identified numerous critical flaws in NYCHA's systems and resources for enforcing Permanent Exclusion, including severe understaffing, inadequate safety equipment and protocols, an ineffective bureau cratic case management approach, and lack of coordination with law enforcement entities that could assist with meaningful enforcement of Permanent Exclusion, including by arresting excluded occupants subject to open warrants or Trespass Notices that prohibit their presence on NYCHA premises.

Details: New York: NYC Department of Investigation, 2015. 51p.

Source: Internet Resource: Accessed September 3, 2016 at: http://www.nyc.gov/html/doi/downloads/pdf/2015/Dec15/pr41nycha_nypd_mou_120815.pdf

Year: 2015

Country: United States

URL: http://www.nyc.gov/html/doi/downloads/pdf/2015/Dec15/pr41nycha_nypd_mou_120815.pdf

Shelf Number: 140148

Keywords:
Drug Trafficking
Drugs and Crime
Eviction
Housing and Crime
Public Housing
Violent Offenders