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April 10, 2007
Ms. Rebecca Flanagan
Field Office Director
U.S. Department of Housing and Urban Development
One North Central Avenue, Suite 600
Phoenix, AZ 85004
Mr. Terry Feinberg
Executive Director
Arizona Multihousing Association
5110 N. 44thStreet, Suite L-160
Phoenix, AZ 85018
Mr. Tim Zehring
Executive Director
International Crime Free Association
P.O. Box 31745
Mesa, AZ 85275-1745
Ms. Susan Brenton
Executive Director
Manufactured Housing Communities of Arizona
4525 S. Lakeshore Drive, Suite 101
Tempe, AZ 85282
Re:
Crime Free Housing Programs
Dear Ms. Flanagan, Ms. Brenton, and Messrs. Feinberg and Zehring:
The Arizona Civil Rights Advisory Board recently examined the issue of crime
tree housing programs, including crime tree lease addendums, and their impact upon civil
rights in Arizona. The Board held public hearings in Tucson (July 2006) and Phoenix
(February and March 2007) at which substantial testimony was received trom members
of the public who had strong opinions about the pros and cons of crime tree housing
programs. During those hearings, our Board heard testimony trom the housing industry,
housing advocacy groups, government representatives, and private individuals who are
April 10,2007
Page 2
and have been directly affected by crime free housing programs. We recognize that the
issue of crime free housing is multifaceted and that crime free programs serve a necessary
purpose in today's society. In most instances, people who commit crimes are not
protected by fair housing laws. However, as a result of our public hearings and after
consideration of the issue, the Board is concerned that civil rights violations may arise
due to the implementation of crime free housing programs.
In particular, we are concerned that crime free programs could potentially be used
as pretext for underlying discriminatory actions on the part of owners, property managers
and homeowners' associations. In a situation where a landlord or property manager may
be contemplating a discriminatory eviction or other housing practice, a minor violation of
a crime free lease addendum could be cited by the landlord as the "true" reason for the
action.
Additionally, several housing industry speakers indicated that they believe the fair
housing laws require them to treat everyone equally when screening applicants or
enforcing crime free lease addendums. The Board encourages the housing industry to be
mindful of the reasonable accommodation provisions ofthe Arizona and Federal Fair
Housing Acts when screening potential applicants and otherwise implementing crime free
housing programs. For example, persons with serious mental illnesses may have a higher
incidence of nonviolent "survival crimes" related to periods of homelessness, such as
loitering andpublic urination. These people may also be more vulnerable to interaction
with undesirable people on the property and may lose their housing due to crime free
lease addendum provisions that hold tenants liable for the actions of guests and other
third parties with whom they associate. The fair housing laws protect individuals with
mental disabilities unless they pose a direct threat after attempted application of all
available reasonable accommodations.
Crime free programs may also have a disparate impact on women and families
with children who are victims of domestic violence. Such vulnerable people could lose
their housing if a domestic violence incident occurs on the property or the abuser returns
without the tenant's knowledge or permission.
Finally, the Board is concerned about the potential disparate impact of crime free
housing programs on certain racial and ethnic minority groupswho represent a
disproportionately high percentage of people with criminal backgrounds. At one forum
the Board received information that as of 2002, the crime free housing programs used by
the City of Phoenix alone placed 186rental properties with 129,000rental units
effectively off limits for any felon who had a criminal conviction in the past five years.
Other attendees stated that they have been barred from rental housing indefinitely due to
criminal convictions.
The Board recognizes that there are challenges in properly balancing the
legitimate housing needs of individuals with those of landlords and managers who are
making eligibility determinations about individuals seeking housing while also
April 10, 2007
Page 3
attempting to provide a safe environment for tenants and avoid liability. We encourage
all groups to be cognizant of the potential civil rights impact of crime free housing
programs. In that regard, we believe that fair housing training is imperative for all
landlords, property managers, leasing agents and homeowners' association board
members involved in implementing crime free housing programs. We also encourage
housing providers to engage in open dialogue with housing advocates with a view toward
adopting policies for implementing crime free housing programs that are based on
individual factors, including the applicability of reasonable accommodation for disabled
individuals whose criminal backgrounds may be related to their disabilities.
The Board seeks your cooperation in disseminating this letter to landlords and
property managers (e.g. publication in Apartment News magazine, member distribution
lists, etc.), and would be happy to facilitate further discussion among interested groups.
Due to the important fair housing issues raised at our public hearings, the Board plans to
continue monitoring the impact of crime free housing upon the civil rights of the citizens
of this State.
If you have any questions or comments about this letter or the activities of the
Board, please contact the Board's Executive Director, Melanie Pate at 602-542-7716 or
Jason Martinez
Board Chairperson
cc: Ms. Dora Vasquez, Director, Governor's Office of Boards and Commissions
1700W. Washington, Phoenix, AZ 85007
Dr. Sheila D. Harris, Director, Arizona Department of Housing
1110W. Washington, Suite 310, Phoenix, AZ 85007
Mr. Ken Strobeck, Executive Director, League of Arizona Cities and Towns
1820W. Washington, Phoenix, AZ 85007
312770
