Langerholc bill proposes added review of public housing applications

Dec. 7—JOHNSTOWN, Pa. — State Sen. Wayne Langerholc Jr. said Tuesday he plans to introduce a bill to add another layer of oversight on public housing applications to allow certain recent criminal records to be vetted before approvals are granted.

Doing so would establish a Public Housing Safety Committee within housing authorities across the state that would enable them to deny applications if it is determined the applicants "present a threat to the health and safety of the community."

The bill follows a hearing held in October on concerns about the fallout from a steady flow of "transient" people who move into and out of Johnstown through public housing, stressing Greater Johnstown School District resources and at times filling up criminal dockets, law enforcement officials said at the time.

During the October hearing, GJSD Superintendent Amy Arcurio said the city is receiving eastern Pennsylvania's "high-poverty" residents because the city. with a population of less than 20,000, still has a housing stock that was developed for a far larger community.

Many local leaders argue the community's number of Johnstown Housing Authority units (1,500) and Section 8 rental assistance vouchers (960) has not shrunk with the population.

Even though he'd like to see the number reduced, Langherholc, R-Richland Township, said federal Housing and Urban Development officials — not city or state leaders — set those totals.

And communities such as Johnstown cannot discriminate against applicants — or ban — people from moving into the community from other regions.

But to Langerholc, more thorough steps could be taken to ensure that those who have broken the law have their criminal backgrounds thoroughly reviewed to see if they pose a community risk.

He said third-degree misdemeanors and greater should trigger a review.

"This legislation uses the very few tools that the federal government has given the states in regard to public housing to ensure our communities are safe for all of our residents," Langerholc said.

Housing chief responds

To Johnstown Housing Authority Director Mike Alberts, the plan appears redundant because the authority "already has measures in place" to screen applicants and review their cases for approval or denial.

He noted that some convictions — such as lifetime sex offender registration — result in automatic denials, based on federal guidelines.

"We analyze incidents within the past five years related to drug activity, violent crimes and crimes which affect the health and safety of other individuals to determine eligibility. However, criminal activity older than five years may also be considered based on the seriousness of the crime and the possible effects to the community," the authority's website adds.

Alberts said criminal history is only part of the review, though, noting the passage of time since prior acts occurred and efforts that applicants have shown to rehabilitate themselves are also weighed.

And even after denials are issued, there's also an appeals process.

"A lot of times, it's a case-by-case basis," Alberts said, noting that federal fair housing laws can also come into play.

And for those deemed worthy of them, "we believe in second chances."

Langerholc said he isn't satisfied with the Housing Authority's explanation of its process.

"Without question, thorough review processes must be conducted," he said, "but it should be by a committee that also includes community members with training and history, looking for red flags within a person's background and case details that might not be so obvious when reading through a list of criminal charges.

"This isn't something that should be passed on to JHA staffers who have no background in criminal law or legal training to understand what some of these complex (criminal charges) can actually mean."

Alberts said there are other complex laws that have to be understood, too — the federal guidelines housing authorities across the nation must abide by.

He cited another of Langerholc's proposals — one that would force housing authorities to share criminal background check results with Section 8 landlords prior to them accepting a tenant — as a step authorities are prohibited from taking.

Langerholc viewed it differently.

"It's public record," the former prosecutor said. "It's a document the public has a right to view."

In a separate interview with The Tribune- Democrat, Alberts responded that the authority has federal guidelines that must be followed.

Langerholc said he is still finalizing his bill, which may add co-sponsors.

He said it's one "first step" into tackling a transient issue that community leaders say is taxing their social services, education and justice systems.

"We want to have a welcoming community here in Johnstown for anybody that wants to work here, wants to live here, wants to raise their family here" — but a line must be drawn for those with the "wrong" intentions, Langerholc added.

"I've had a lot of community members reach out to me and say, 'We cannot sit by on the sidelines any longer and allow this to happen,' " he said. "We want to make it clear we won't tolerate this in our communities anymore."