The Highlands Residential Services Board of Directors revised its grievance policy and house rules on drug-related activity Thursday.
Those polices now match lease agreements for tenants. Executive Director Dow Harris said the policy change comes from when the authority changed properties from public housing to section eight housing.
“The grievance policy applies on or off the premises involved with drug activity,” Harris said. “In the section eight model lease which HUD requires us to use for section eight, it is In, on or near.”
Harris had concerns about the definition of “near” in the policy as in Tennessee no case law states what “near” means. Harris said the policy change will impact the authority’s ability to deal with tenants.
“This does cause us to lose a little bit of leverage,” Harris said. “Let’s just call it leverage where with public housing and the one strike-your-out policy when it came to drug activity on or off the premises. It’s cut and dry and very enforceable. In this particular change, which we are having to live up to now. What is near? And unless we get them on the premises or inside the premises or on the property, being off of the property we really don’t have a case.”
Board member Donna Rice said she had concerns about enforcing the policy on those visiting the housing as she has recently had issues with visitors involved with criminal drug-related activity. Harris said in that case the leaseholder would be responsible for the actions of visitors.
“If the tenant is letting someone visit the premises that’s still in or on the property,” Harris said. “The leaseholder is responsible for that and they could be held accountable even though the visitor brought the drugs.”
Rice said sometimes visitors can be dangerous with criminal activity. Harris said the visitors could also be put on a ban list if involved with criminal drug-related activity. Violation of the ban list would result in arrests. The commissioners unanimously approved the change of policy and house rules.
Harris said the change in the grievance policy is to match the U.S. Department of Housing and Urban Development section eight lease.