Schumer, At Poughkeepsie Housing Authority, Calls For Strict Enforcement Of Laws Preventing Sex Offenders From Living In Public Housing; Report Estimates Taxpayers Subsidizing Housing For 3,000 High Level Offenders

Press Release

Recent Report Estimates Approximately 3,000 Registered Lifetime Sex Offenders Living in Subsidized Housing, Violating Current Regulations, Costing Taxpayers Millions

Federal Rules Already Prevent Sex Offenders From Living In Public Housing; Past Administration Did Not Do Nearly Enough, Schumer Says Regulations Must Be Enforced by New HUD Administration

Schumer: Sex Offenders In Public Housing Puts Families At Risk and Waste Tax Payer Money

U.S. Senator Charles E. Schumer today called on the new federal department of Housing and Urban Development (HUD) administration to rectify the failure of the previous regime to enforce federal law preventing sex offenders from living in subsidizing housing. Schumer's call comes in the wake of a recent report revealing that approximately 3,000 registered lifetime sex offenders are violating the law by occupying HUD-subsidized housing. In 1997, Congress passed legislation that denies these dangerous lifetime sex offenders from receiving rental assistance, but a report by the Office of the Inspector General (OIG) demonstrates that too many of these offenders are slipping through the cracks. At the Poughkeepsie Housing Authority today, Schumer outlined three steps HUD should now take to ensure that sex offenders - regardless of whether they committed the crime before moving in, or after - are not living in federally subsidized housing at the expense of the tax payer. Schumer noted that the previous administration had been lax in enforcing the law, but he has confidence that the new administration will do a better job.

“When it comes to the safety of our residents we cannot cut corners, but unfortunately the previous administration did not do nearly enough to root out sex offenders from enjoying the benefits of subsidized housing,” said Schumer. “This law was enacted to ensure that HUD-subsidized housing is safe for families and children, and that sex offenders were not provided with taxpayer funded housing. There is no reason why this rule should not be enforced fully and accurately. I am calling on the new HUD administration to wipe the slate clean and improve the enforcement of these rules and pushing them to bring an end to these lax policies once and for all.”

In August, an audit report by the Office of the Inspector General (OIG) was issued to determine the extent to which the 1997 regulation on sex offenders in public housing was being enforced. The report revealed that HUD is not enforcing the law fully and that an estimated 3,046 sex offenders are currently occupying federally subsidized housing. Schumer noted that as of September 2009 there were 122 lifetime registered sex offenders living in Dutchess County, none of them live in federally subsidized housing, and he is working to keep it that way.

Currently, background checks are not conducted consistently across the board. Background checks are required upon entry to a subsidized housing complex, but the number of years the check goes back is done on an authority by authority basis. For example, some housing authorities check 10 years into an applicants' past when performing a background check -- if one is performed at all. Thus, a registered sex offender from 1998 applying for public housing in 2009 would have a greater likelihood of passing the inspection.

Background checks are also not conducted on a repetitive basis. Once a resident is living in subsidized housing there is no required recurring check to ensure that the individual does not violate the rule while they are occupying the housing. This means that if a resident is convicted of a sex offense requiring lifetime registration while they are receiving housing assistance, there is little way for housing authorities to detect and remedy the problem.

Schumer noted that while the estimated number of sex offenders living in subsidized housing is relatively small compared to the total number of households HUD serves, it nevertheless illuminates a large area of concern and that every effort must be made to ensure the safety of the community.

In an effort to ensure that HUD is doing all it can to preserve the safety of its residents and prevent law abiding tax payers from paying for the housing of sex offenders, Schumer asked HUD to clarify how the shortcomings of current policy procedures have failed to keep all lifetime sex offenders from public housing assistance. He also outlined three steps that HUD should take immediately to ensure that sex offenders are not living in federally subsidized housing at the expense of the tax payer.

1. Create a standardized system for conducting background checks. All public housing authorities, and the site management companies that oversee each facility, should be required to check an applicant's history in a uniform manner, including a set number of years that will be investigated. At the very least, all applicants should be checked against the national sex offender registry.

2. Recheck current housing residents against the publicly available national sex offender website at recertification. Housing authorities should ask households upon recertification for assistance whether any member is subject to a lifetime registration requirement.

3. Ensure that HUD has the required authority to enforce the law. He has also pledged to provide legislation for HUD to enforce better enforce rules if needed.

Schumer noted that it is critical that every housing authority be subject to these rules to ensure the security of everyone in the housing complex.

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