Costs and courts limit housing-aid crackdown
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posted by Bob at Monday, March 02, 2009
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Monday, March 02, 2009
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12 Comments:
Dakota County welfare-fraud efforts win praise from feds but no favors from economy
By Frederick Melo
fmelo@pioneerpress.com
Updated: 03/01/2009 11:14:47 PM CST
Jessica Pittman saw the four-bedroom town house in Apple Valley as the beginning of a new life.
After a rocky relationship, Pittman, a single mother who had lived in Crystal, sought a fresh start for herself and her four children in 2006. She also appreciated a school system better equipped to accommodate her young son, Dejon, who has cerebral palsy and cannot walk.
A federal Section 8 housing voucher made the rent manageable, even on her small salary as a personal care attendant.
It was good while it lasted.
Accused by Dakota County of fraudulently concealing a boyfriend's income, she lost the housing voucher and now is struggling to make ends meet in a Farmington rental.
Her struggles to hold on to her voucher underscore the extent to which the county has cracked down on alleged fraud involving public assistance, a crime many in the county's law enforcement community pride themselves on combating.
Those efforts, while applauded by federal regulators, come at a cost. And they face challenges on two levels — in the courts and at the cash box.
In spring 2007, about a year after Pittman moved into her Apple Valley dream home, five or six uniformed investigators arrived at her door with a search warrant. After thoroughly examining her closets, clothing drawers, kitchen supplies and the children's bedrooms, they found what they were looking for: a handful of men's suit coats.
It was enough evidence, the authorities thought, to prove
someone else had been staying in her town home on a semi-regular basis. The Dakota County Community Development Agency, which administers housing assistance within the county, held an informal hearing to show that Pittman was underreporting her household income, a violation of eligibility rules.
Pittman, who was pregnant with her fifth child at the time, brought a lawyer, but a hearing officer sided with the agency.
"They decided to kick us off," said Pittman, who was forced to move her family into a women's shelter. "They knew we didn't have anywhere to go."
The CDA's approach struck her as overly aggressive. Now, one of the state's highest courts appears to have agreed.
In January, 1 1/2 years after the housing agency's initial verdict, the Minnesota Court of Appeals reversed the CDA's decision and ordered it to reopen her case. Pittman, who rents a three-bedroom town home with her six children, is hopeful she'll qualify again for financial assistance.
Since October, lawyers with St. Paul-based Southern Minnesota Regional Legal Services have appealed eight CDA decisions, including Pittman's. So far, the Court of Appeals has ruled on three cases, reversing the housing agency's decisions in two of them.
This week, the Court of Appeals ordered the agency to reconsider its decision to force Ayan Hassan, a woman with limited English skills raising five children, to repay $4,584 in rental assistance benefits she received in 2007.
At Hassan's hearing, the agency maintained that her husband had moved in with her, though she provided a letter from a landlord showing him to be living in Minneapolis. A caseworker also had testified that while reapplying for benefits, Hassan openly indicated her intention of having her husband join her, according to the court decision.
FEW FUNDS TO FIGHT FRAUD
The courts aren't the only challenge for the housing agency. While the turbulent economy has placed new pressure on public assistance agencies to cut costs and steer resources to clients who need them most, it also has made policing housing assistance fraud increasingly difficult to pay for.
Last year, the CDA reimbursed the Dakota County sheriff's office more than $8,000 for its investigations into dozens of questionable housing assistance cases like Pittman's. The agency is unlikely to be able to cough up those funds again in 2009, as administrative funding for Section 8 has been flat for years.
"We do a pretty good job (investigating) both welfare and CDA fraud," Chief Deputy David Bellows said. "Last year, we were being reimbursed by the CDA. This year, they said they don't have money, so we're doing this on our own."
As a result of the sheriff's office investigations, prosecutors with the Dakota County attorney's office drew up criminal charges in 26 CDA fraud cases last year. But the sheriff's office abandoned another 51 cases because of insufficient evidence or at the request of the CDA.
Many cases involving smaller sums are resolved outside of criminal court. Through informal hearings before a hearing officer, the CDA terminated nearly 100 recipients from the Section 8 program or reduced their benefits and required them to pay back funds. That's equivalent to about 3 percent of the agency's Section 8 caseload of 3,000 clients.
"We do differentiate between someone who we believe is willfully and intentionally trying to hide income, versus someone who is a late reporter," said Deborah Haugh, the CDA's director of housing assistance.
Bellows said the sheriff's office dedicates one investigator to work full time on fraud cases involving general public assistance, or welfare, and another to work on a more part-time basis on cases specific to housing aid.
But as more serious crimes arise, housing assistance investigations might have to take more of a back seat, he said.
Late last year, the sheriff's office handled the investigation of a mentally disabled man from Lakeville who was savagely beaten over the course of two nights in the wooded corner of a township. "That's going to take precedence over a CDA case," Bellows said.
Mark Ulfers, executive director of the CDA, said he could not comment on the specifics of the Pittman case but said his agency is held to high federal standards in determining who should continue to qualify for benefits.
"Yes, (fraud) does occur, and when it does occur we take it seriously, and we like to think we hold people accountable," Ulfers said. "It's making sure we implement the rules according to the requirements."
MITIGATING CIRCUMSTANCES
HUD evaluates the agency's Section 8 work annually under a 14-point assessment program, which takes into account such things as income reporting and the correct calculation of assistance payments.
"Last year, we got a perfect score," Ulfers said. "In general, (public housing) agencies in (the metro area) are highly regarded by HUD, and many do well nationally. I think a perfect score is somewhat rare nationally, and we've had one the last two years."
That thoroughness, however, has not been without some pushback.
In Pittman's case, the appeals court took issue with several of the hearing officer's findings. Judge Gordon Shumaker noted that Pittman's boyfriend received his mail at another address. A licensed Salvation Army social worker who worked with Pittman testified at the hearing that she never saw evidence of a second adult living in the town house.
Shumaker also noted that federal rules allow housing agencies to consider "relevant mitigating circumstances" when determining whether to cancel housing benefits after a recipient violates the terms of his or her housing voucher.
He wrote that the hearing officer's "written decision does not show a consideration of ... evidence indicating that she had numerous children and that she and her children would be homeless if she lost her housing assistance."
Pittman also maintained at the time that her boyfriend had been physically abusive. "She admitted that (her boyfriend) would stay at her residence in Apple Valley 'for a night or two and then take off' but insisted he never lived there," the appeals decision states.
The court's ruling means the CDA must re-examine her case, but it does not guarantee Pittman's voucher will be reinstated.
Frederick Melo can be reached at 651-228-2172.
2008 INVESTIGATIONS
Of the housing assistance investigations conducted by the Dakota County sheriff's office last year, 26 cases were referred to the county attorney's office and resulted in criminal charges against the recipient.
Just as many cases were investigated but deemed unfounded by the sheriff's office and dropped.
Another 25 investigations were terminated at the request of the CDA. The agency expects 31 recipients to pay back funds that were found to be overpayments.
Another 17 cases remain at the county attorney's office, awaiting possible criminal charges, and 72 open cases are being investigated by the sheriff's office.
Bob, from my seat, this is the ugliness of the Republican hostility to the poor. This woman needs help. Why is she being prosecuted? Because she might have a man living with her.
Oh my God send in the storm troopers and the true Christian believers... if she is sleeping with some man, then she deserves to be thrown into the street.
The GOP whines on and on about welfare and welfare abuse, well here it is...this is the welfare queen that they hate.
She needs help.
The kids need help.
And, we are going to cut it off if she sleeps with someone.
Sad.
JMONTOMEPPOF
Chuck Repke
Typical government operation, trump up spme shit that shouldn't be and then run you through some crooked court or hearing officer to get their end result and then pound on their chest and proclaim to the taxpayers that they are doing something.
Welfare Fraud is Farewell to the middle class Dollars.
Popping out children to abuse the system must stopp.
God help those who help themseves
The Law is the Law is the Law, My concern is White Collar_nonprofits_ ripping off the system for pecuniary gain.
Keep the Public Sick to make the Doctors Rich.
http://www.google.com/search?hl=en&q=MN+Welfare+Fraud&btnG=Google+Search&aq=f&oq=
Chuck said;
Bob, from my seat, this is the ugliness of the Republican hostility to the poor. This woman needs help. Why is she being prosecuted? Because she might have a man living with her.
My response;
I don't know that we can blame this on Republicans. I called out to Dakato County and ask them what party affiliation their sheriff is. I was told by Julie in Administration the Sheriff has no party affiliation. :-)
If this is shocking to you Chuck, you better get on the phone to PHA, because they evict women for the same reasons. Although, I have never heard of someone being charged criminally.
I believe the REAL objective behind these actions is to keep YOUNG BLACK men out of the burbs. And to force section 8 recipients out of their jurisdictions.
Here is another example from the lips of a Cottage Grove Police Officer I know. Speaking of blacks who have moved to Cottage Grove for section 8 housing. We intend to keep pulling them over and tagging them until they leave the city.
What political affiliation is the Sheriiff? So you glad you asked as I can answer! Just look up what affiliation the majority of the county board members are and that's the affiliation the Sheriff is. Same with the city police. Just look at the city council. The Police and Sheriff don't work for the people any longer. They are working for the politicians and the newspapers.
Interesting that Section 8 wants the renters to follow the law to the letter, but when it's time for Section 8 to follow the law, they just look the other way. If they feel like fixing your apartment, you'r ein luck.....if not, go bark at the moon, and you best not complain or it'll get a whole lot worse for you.
Just another "Get Rid Of The Nest To Get Rid Of The Critter" program.
The Dakoto Sheriff Don Gudmunson comes highly recommended he was on the Chicago Police to expose Judges ie: Greylord over 20 yrs ago. Please do not impugn Law enforcement unless you have the evidence.
Check whats going down in Dakota Co. Backstrom cited,Metzen Resigning as a Judge, her husband resigning from the Board of Regents
Its not Republican or Democratic, you can feel sorry of Pittman
you people who fail to research is pathetic.
http://www.google.com/search?hl=en&q=Don+Gudmunson+Greylord&btnG=Search
Sharon said;
Please do not impugn Law enforcement unless you have the evidence.
My response;
Sharon I am entitled to my EDUCATED opinion. If it looks like shit and smells like shit, it probably is shit.
By the way, did you ever get a city official charged with stealing your car? :-)
Bob, the policies are policies that come from Washington designed to appease all of the right wingers that think that no one should be on Welfare. I know it happens in Saint Paul and everywhere else and is stinks.
It is the right wing that sends the police in to check on what anyone may be doing in their bedroom at anyone time and with whom.
Us lefties have never worried about who someone was sleeping with as long as their are of age.
JMONTOMEPPOF
Chuck Repke
The Black guys that bought Bill Dahns Property for $10.00 ten dollars, over $200,000.00 Value
Taking our Homes without "due process" shows the corupt Sheriff Lori Kratzke acting in concort with Judges Gearin and others
http://billdahn.blogspot.com/2007/02/usdist02-03329fiafea.html
Bobby your great to post,
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