authority of federal agencies?

[Sunkist]

Jurisdiction

Other

It's been a long time since I was in school, so I hope this question won't result in any 'lol' replies; it's a valid question, and is not location-specific.

Does a federal government agency have the right/authority to tell people it's o.k. to break laws?

I would think they don't, but there's a program overseen by HUD called "Housing First" that tells individuals they can retain rental housing even if they are using illegal drugs. One of their tiny footnotes in one of their documents does state this approach can violate federal/state/&local laws.

Any info would be appreciated; this housing program is backfiring all around the U.S.

 

[Zigner]

It's been a long time since I was in school, so I hope this question won't result in any 'lol' replies; it's a valid question, and is not location-specific.

Does a federal government agency have the right/authority to tell people it's o.k. to break laws?

I would think they don't, but there's a program overseen by HUD called "Housing First" that tells individuals they can retain rental housing even if they are using illegal drugs. One of their tiny footnotes in one of their documents does state this approach can violate federal/state/&local laws.

Any info would be appreciated; this housing program is backfiring all around the U.S.

How does this affect you personally?

 

[Sunkist]

How does this affect you personally?

People on that housing program began moving into this area a few years ago. When illegal drug use is permitted, it brings in more crime and more criminals. A previously average neighborhood has become a designated high-crime area where it's no longer safe to live.
However, the same thing has been happening in other areas that have agencies using this housing program, including in other states.
So I'm wondering how HUD is getting away with it.

 

[adjusterjack]

I would think they don't, but there's a program overseen by HUD called "Housing First" that tells individuals they can retain rental housing even if they are using illegal drugs. One of their tiny footnotes in one of their documents does state this approach can violate federal/state/&local laws.

Show me a link to a written document by HUD that says that.

 

[justblue]

It's been a long time since I was in school, so I hope this question won't result in any 'lol' replies; it's a valid question, and is not location-specific.

Does a federal government agency have the right/authority to tell people it's o.k. to break laws?

I would think they don't, but there's a program overseen by HUD called "Housing First" that tells individuals they can retain rental housing even if they are using illegal drugs. One of their tiny footnotes in one of their documents does state this approach can violate federal/state/&local laws.

Any info would be appreciated; this housing program is backfiring all around the U.S.

Please provide a link to any HUD site that states that illegal drug use is permissible.

 

[Zigner]

While you're at it, please provide a link to the "Housing First" program that is administered by HUD.

 

[Zigner]

Oh, and lastly, what state (and city) are you in.

 

[Sunkist]

Show me a link to a written document by HUD that says that.

https://www.usich.gov/resources/uploads/asset_library/Housing_First_Checklist_FINAL.pdf
from page 2:
"Services are informed by a harm-reduction philosophy that recognizes that drug and alcohol use and addiction are part of some tenants' lives... Substance use in and of itself, without other lease violations, is not considered a reason for eviction."

I couldn't locate the doc that has the footnote, but while there are newer versions they say the same thing:
Clearly, any public program or policy that countenances the use of illegal drugs under any circumstance runs the risk of violating other Federal, state and local laws and policies."
https://www.huduser.gov/portal/publications/hsgfirst.pdf

As you can see, it started in NYC and has expanded throughout the U.S.

 

[Zigner]

As you can see, it started in NYC and has expanded throughout the U.S.

"Housing First" is not a HUD "program". "Housing First" is a concept...an approach to combating homelessness.

 

[justblue]

Addicts that have stable housing have a better chance of getting/staying sober, getting a decent job and becoming productive member of society.

 

[Sunkist]

"Housing First" is not a HUD "program". "Housing First" is a concept...an approach to combating homelessness.

Perhaps it is best explained by a person who is one of the directors in charge of one housing facility: quote: "HUD is the federal entity that funds and oversees homeless services and provides some general oversight."

 

[Sunkist]

Addicts that have stable housing have a better chance of getting/staying sober, getting a decent job and becoming productive member of society.

Absolutely. But it doesn't work out that way when individuals aren't required to do or cooperate with anything. And when they can continue using drugs without any repercussions, they don't really have a chance.

 

[Zigner]

Perhaps it is best explained by a person who is one of the directors in charge of one housing facility: quote: "HUD is the federal entity that funds and oversees homeless services and provides some general oversight."

I don't disagree with that. I disagree with the entire premise of your initial post. "Housing First" is not a "HUD program", as you asserted, nor is it even a program that is "overseen by HUD". It is a concept that is used by some agencies when implementing their homeless housing programs.

 

[justblue]

Absolutely. But it doesn't work out that way when individuals aren't required to do or cooperate with anything. And when they can continue using drugs without any repercussions, they don't really have a chance.

What state are you in? This actually is a necessary question to answer.

How do you know that the people are not getting treatment? Have you seen this for yourself or is it just conjecture on your behalf?

 

[zddoodah]

Does a federal government agency have the right/authority to tell people it's o.k. to break laws?

The First Amendment guarantees that anyone has "the right to tell" anyone anything. If you want a more useful answer, you should ask a question that is less hypothetical, vague and absurd.

there's a program overseen by HUD called "Housing First" that tells individuals they can retain rental housing even if they are using illegal drugs.

Well...what's wrong with that. If I were using illegal drugs, it would not impact my ability to "retain" my present housing. Again, context matters.

"Services are informed by a harm-reduction philosophy that recognizes that drug and alcohol use and addiction are part of some tenants' lives... Substance use in and of itself, without other lease violations, is not considered a reason for eviction."

Ok...nothing wrong with that. And, as others have noted, your assertion that "Housing First" is "a program overseen by HUD" is false. Indeed, the first document you linked starts with the following statement: "Housing First is a proven approach, applicable across all elements of systems for ending homelessness, in which people experiencing homelessness are connected to permanent housing swiftly and with few to no treatment preconditions, behavioral contingencies, or other barriers."

 

[Tax Counsel]

And when they can continue using drugs without any repercussions, they don't really have a chance.

A couple of things to note here. First, neither HUD nor any other federal agency here is saying that it's ok for people to violate the law. Second, the "Housing First" principles do not say that homeless person can continue using illegal drugs without any repercussions. What the principles say is that when a community provides housing to homeless persons those persons should not be evicted from that community provided housing solely because of their illegal drug use. Such a policy by a housing provider (whether public or private) would not violate the law in most states.

Third, nothing in the Housing First principles says that the person may possess or use illegal drugs without fear of being arrested for it or facing other consequences apart from the community provided housing.

Finally, the Housing First principles are not law; they are simply recommendations for what HUD and others believe to be best practices for communities to follow in creating homelessness solutions. Nothing in them sanctions or excuses illegal conduct.