1. 1 POOR HOUSEKEEPING: THE LEGAL FRAMEWORK

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

3. PART 1 WHEN DOES HOUSEKEEPING BECOME A LEGAL PROBLEM? 3

4. 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

5. 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

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

7. 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

8. 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

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

10. 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

11. 11 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

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

13. 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

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

15. 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

16. PART 2 16 WHEN DOES REASONABLE ACCOMMODATION COME INTO PLAY

17. 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

18. 18 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)

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

20. 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

21. 21 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

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

23. 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

24. 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

25. 25 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

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

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

28. 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

29. 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

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

31. Standards of Housekeeping

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

33. A Deeper Issue?

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

35. 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

36. 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

37. 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

38. 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

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

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

41. For Housing Management/RSC: MassHousing 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://reducing- waste.suite101.com/article.cfm/green_tips_for_household_cleaning Home, Cheap Home Homemade Cleaning products: http://theshoestring.com/index.php?articleID=5074&sectionID=150 Green Cleaning video: http://www.youtube.com/watch?v=OMNu2y2kxBAhttp://www.treehugger.com/files/2009/04/low- cost-green-household-tips.phphttp://reducing- waste.suite101.com/article.cfm/green_tips_for_household_cleaning http://theshoestring.com/index.php?articleID=5074&sectionID=150http://www.youtube.com/watch?v=OMNu2y2kxBA RESOURCES