POOR HOUSEKEEPING THE LEGAL FRAMEWORK 1 LEGAL QUESTIONS

POOR HOUSEKEEPING: THE LEGAL FRAMEWORK 1

LEGAL QUESTIONS WHEN DOES HOUSEKEEPING BECOME A LEGAL PROBLEM? WHEN DOES REASONABLE ACCOMMODATION COME INTO PLAY? 2

PART 1 WHEN DOES HOUSEKEEPING BECOME A LEGAL PROBLEM? 3

HOUSEKEEPING: A LEGAL PROBLEM WHEN… It violates applicable housing health and safety standards, including those for animals It endangers vulnerable people as defined by state law • Children • Elders • Persons with Disabilities 4

HOUSEKEEPING IS A HOUSING PROBLEM When it violates or progresses toward violating: • The Lease • HUD/DHCD Standards • Local or state health and safety codes • Animal cruelty standards 5

ESSENTIAL HOUSEKEEPING LEASE REQUIREMENTS • DON’T INTERFERE w/ neighbors, staff • MAINTAIN UNIT, Common Areas • NO CRIMINAL (or CODE) VIOLATIONS • Follow REASONABLE HOUSE RULES 6

HUD HOUSE RULES (1) May include requirements for: • Garbage disposal, including disposal of – Grease – Smoking materials – Used syringes or other biohazards • Keeping kitchen and bathroom fixtures in operable and sanitary condition, including – no scum or mold build-up – clean drains 7

HUD HOUSE RULES (2) May prohibit • Storage of hazardous materials • Blocking of exits • Blocking of heating vents • Overloading circuits and hazardous use of extension cords • Garbage or clutter that attracts insects or rodents or produces foul odors 8

HUD AND DHCD STANDARDS HUD • Section 8 Housing Quality Standards (HQS) Ch 10 • Pet Policy DHCD • 24 CFR 982 and HQS Ch 8 (Public Housing and Certificates) • State Sanitary Code 105 CMR 410 (all Housing) 9

HUD HOUSE RULES (3) May prescribe repair/maintenance standards • Prompt reporting of repair needs • Clear access to repair area • Prompt reporting of infestation • Cooperation with necessary extermination 10

HUD SANITARY STANDARDS CATS • May require changing of cat litter, but no more than twice/week • May require removing waste from litter, but no more than once/day CATS & DOGS • May prescribe disposal of litter and waste • Require control of noise and odor 11

ANIMAL CRUELTY REQUIREMENTS MGL chapter 272: Sec 77 forbids • unnecessarily fail(ing) to provide (an animal) with proper food, drink… (and) sanitary environment 12

MASSACHUSETTS CODES • State Sanitary Code 105 CMR 410 • State Building Code 780 CMR • State Fire Prevention Regulations 527 CMR • Uniform State Plumbing Code 248 CMR 10 • State Electrical Code 527 CMR 12 13

HOUSEKEEPING IS SERVICE PROVIDER LEGAL PROBLEM When it endangers: • • Children Elders (over 65) Persons with Disabilities (any age) Animals 14

WHAT KINDS OF DANGER Health and Safety • Physical hazards, especially with disability • Health hazards – Mold – Infestation – Excessive dust • Fire and egress hazards • Structural/systems hazards 15

PART 2 WHEN DOES REASONABLE ACCOMMODATION COME INTO PLAY 16

POSSIBLE CAUSES OF HOUSEKEEPING PROBLEMS • Hoarding • Inability to clean due to physical or mental problems • • Substance abuse or mental illness Dementia or other cognitive problem Physical limitations Overwhelmed parent • Ignorance of Standards, Cleaning Methods • No money for cleaning equipment, supplies 17

PERSON W/ A DISABILITY - CIVIL RIGHTS DEFINITION • A PHYSICAL or MENTAL IMPAIRMENT which SIGNIFICANTLY INTEFERES with one or more MAJOR LIFE ACTIVITIES • In this case, the major life activity of housekeeping (and possibly other activities) 18

REASONABLE ACCOMMODATON (1) Applicable when: • Resident has a disability • Disability is cause of housekeeping problem • Resident wants an accommodation 19

REASONABLE ACCOMMODATON (2) Applicable when: • There is relevant verification including ability and willingness of resident to cooperate • Accommodation does not – pose undue burden or – require a fundamental change in nature of program 20

UNDUE BURDEN Financial burden • No set formula • Cost of accommodation vs. size & financial condition of owner’s overall housing business Administrative burden (staff time) • How much time? • Effect on ability to carry out other responsibilities 21

FUNDAMENTAL CHANGE IN THE NATURE OF THE PROGRAM FUNDAMENTAL NATURE DETERMINED BY: • Laws and regulations • Funding source • Lease & House Rules • Industry Practice 22

Accommodation Plan Includes (1) 1. Specific standards in specific areas 2. The timeline for each step and the deadline 3. Who will do the clean up and trash removal 4. Who will check and how often Continued 23

Accommodation Plan Includes (2) 5. Services resident will accept 6. Relevant releases 7. Consequences for failure to follow plan 8. Method to ensure permanent resolution of problem 24

SEEK COURT RA AGREEMENT IF… ¡There is potential danger to others ¡Resident is in denial about serious violation ¡Necessary to involve service providers and/or family 25

Right from the Start Setting the tone for successful tenancy Move-in education – at the time of lease-signing ü Review expectations re: the lease ü View Healthy Homes DVD ü Other Move-in visit - 2 -4 weeks after move-in ü More in-depth education ü Establish rapport ü Any red flags? Throughout tenancy ü Education ü Support, as needed ü Frequent reminders from management – memos, newsletters

Our Message to Residents “We take pride in our apartment community” “We want you to succeed in your tenancy”

Management is Proactive in addressing housekeeping problems • Little problems become bigger ones if we ignore them • Teamwork - management, RSC & maintenance staff working together toward same goal • Watch for signs of potential problems - odors, trash issues are sometimes the first clue • Timely and consistent follow-up is critical

Communicating with Residents about Housekeeping • Referring to the terms of the LEASE • The words we use: – Understandable – Not frightening or apt to alienate • Discussion focused on objective standards, not personal opinions or criticism

Ongoing Communication • Resident education/programs • Resident newsletter • Recognition for good housekeeping: Ø Magnets, certificates Ø Beautiful Homes ‘showcase’ album in office

Standards of Housekeeping

Effective Intervention Strategies ü Assess the situation ü Assess the needs ü Offer intervention, support & services ü Follow up

A Deeper Issue?

Reasons for Poor Housekeeping › › › Disability Aging/frailty Cultural differences Lack of education and/or resources Family chaos or substance abuse

Residents with Disabilities • Physical disability – frailty, low vision, etc. • Cognitive disability • Mental Health disability If a disability is readily apparent or documented, intervention requires Reasonable Accommodation. The task of Management: Assess ~ Offer Support ~ Follow up

Cultural Differences • Language/communication barriers between resident and management • Differences in food storage and cleaning practices • Rodents, pests may be commonplace in some countries The task of Management: Assess ~ Offer Support ~ Follow up

Lack of Education and/or Resources • No experience with cleaning • No knowledge of products, cleaning practices • Lack of funds to purchase supplies The task of Management: Assess ~ Offer Support ~ Follow up

Family Chaos or Substance Abuse • Lack of focus and consistency • Disorganization • Addiction may be considered a disability – falls in the category of Reasonable Accommodation The task of Management: Assess ~ Offer Support ~ Follow up

Before & After (a true story with a happy ending)

The Message “We want you to succeed” “We take pride in our housing community and we expect you to do the same”

RESOURCES For Housing Management/RSC: • Mass. Housing • Senior Home Care agency • Center for Independent Living • Tenancy Preservation Program • VNA – specialized programs • Healthy Public Housing Initiative • Integrated Pest Management • Home Care Assistance Program For Residents: Green Household Tips from the Cupboard: http: //www. treehugger. com/files/2009/04/low-cost -green-household-tips. php Tips for Low-cost Household Cleaning: http: //reducingwaste. suite 101. com/article. cfm/green_tips_for_household_cleaning Home, Cheap Homemade Cleaning products: http: //theshoestring. com/index. php? article. ID=5074&section. ID=150 Green Cleaning video: http: //www. youtube. com/watch? v=OMNu 2 y 2 kx. BA