law pg 11,12, 51.qxp_Layout 1 9/17/21 1:47 PM Page 1
It’s the Law
By HOWARD BOOKSTAFF, Hoover Slovacek LLP , HAA General Counsel
DEALING WITH CRIME IN APARTMENTS
How to deal with residents, occupants or guests involved in crime-related conduct and communicating security-related issues to residents. ON JULY 2, 2021, ABC13.com posted an article entitled “Violent crime rates continue to spike across Houston, while number of officers on patrol shrinks”1. The article outlined several trends in crime statistics over the past two years. Specifically, the article stated: • From January to May 2019, 90,916 crimes were reported to the Houston Police Department, according to data from the city; during the same time in 2021, 103,248 crimes were reported. • Aggravated assaults were up 39% in 2021 compared to 2019. • One aggravated assault was reported in the city every 28 minutes. • 87% more weapon violations were reported in 2021 than in 2019. • Theft of car parts, like catalytic converters, were up 114%. • The crimes that are up the most compared to 2019 are murder, sexual assault with an object, welfare fraud, gambling equipment violations, theft of motor vehicle accessory and weapons law violations. Security is an ongoing concern for those that live in a major metropolitan area. Statistics are always subject to interpretation, debate and analysis. However, most of us would not be surprised if crime occurred anywhere in Houston or surrounding areas. When reading about these crime statistics and coming to the realization that crime could happen at any apartment community, it may be beneficial to discuss two issues: • How to deal with residents or others at your property that may be involved in criminal or quasi-criminal activity. • How to communicate with residents regarding security-related issues.
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www.haaonline.org
Dealing with residents, Security is an ongoing concern for those that occupants or guests involved in crime-related conduct. live in a major metropolitan area. Statistics are If you have conduct at your always subject to interpretation, debate and property that is related to criminal analysis. However, most of us would not be conduct, your primary remedy is surprised if crime occurred anywhere in Houston to evict the resident who is inor surrounding areas. volved or who has guests or occupants involved, in the conduct. It’s not ok for residents, occupants or guests to n Section 20 Prohibited Conduct. yell profanities or threaten the health or This paragraph has a number of sections safety of people who live or work at the propthat could support an eviction for criminal erty. The standard TAA lease contains a numor quasi-criminal conduct. ber of provisions that can be used in many of • Subparagraph 20(a) prohibits criminal these cases. conduct, regardless of whether or where arn Section 2 Occupants. rest or conviction occurs. The conduct inOftentimes, the source of criminal or cludes drug activity, engaging in or quasi-criminal conduct are unauthorized threatening violence, weapon offenses, disoccupants. If this section of the lease has charging a firearm or displaying or possessbeen properly filled out when the lease is ing a weapon in the common area or in a completed, this paragraph can be used as a way that may alarm others. source of a default if you discover an unau• Subsection 20(b) prohibits behaving in a thorized occupant. loud or obnoxious manner. Tip: Be sure to fill this section out com• Subsection 20(c) prohibits disturbing or pletely and correctly when the lease is comthreatening conduct. pleted. The standard TAA lease allows you to • Subsection 20(d) prohibits disrupting fill in a blank for the number of days that you the owner’s business operations. would allow someone to live in the unit withTip: The resident is responsible for the out permission. This should be a smaller conduct of occupants and guests. Even if a number (perhaps two or three days) to give guest commits the offensive conduct, the you a better chance at proving a default. resident is responsible. If a resident, occupant or guest acts aggressively in the mann Section 19.5 Notice of Convictions and agement office, these provisions could be Registration. used to support an eviction. This paragraph requires the resident to non Section 32.1 Acts of Default. tify the owner within 15 days if the resident or This section provides that a resident is in any occupants are convicted of a felony or a default if, among other things: the resident misdemeanor involving a controlled subor any guest or occupant violates the lease, stance, violence to another person, or deapartment rules, or fire, safety, health or struction of property, or if the resident or any criminal laws, regardless of whether or occupant registers as a sex offender.
The full article can be viewed at https://abc13.com/houston-violent-crime-rate-murder-in-growing-kids-killed-gun-violence/10854925/. October 2021
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