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Last modified
7/12/2021 11:03:16 AM
Creation date
1/23/2017 3:33:08 PM
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2016-1111
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1111
Requesting Party
Richard L. Murray
Decision Date
1/20/2017
Caption
Advisory opinion that the Louisiana Code of Governmental Ethics would not prohibit a landlord in the Section 8 program of the Housing Authority of East Baton Rouge Parish from continuing to participate as a landlord in the Section 8 program pursuant to the terms and conditions in place at the time he married a social services analyst employed with the Section 8 program; however, he would be prohibited from entering into a new 12-month lease agreement with the Housing Authority, requesting a rent increase, or continuing as a landlord if the payment terms change for any reason. Additionally, the landlord would be required to disclose the income that he receives from the Housing Authority and the tenant, pursuant to La. R.S. 42:1114. Finally, a disqualification plan completely removing his spouse from any responsibility regarding the tenant residing in her husband’s unit should be submitted and approved by the Board.
Ethics Subject Matters
Participation
Outside Employment
Prohibited Contracts
Prohibited Sources
Prohibited Assistance
Prohibited Transactions
Recusal
Disclosure - Other
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STATE OF LOUISIANA <br /> ,.''oF LOUi'' DEPARTMENT OF STATE CIVIL SERVICE <br /> e.( V11-0. <br /> r LOUISIANA BOARD OF ETHICS <br /> .Fm,Iii``;�� P.O.BOX 4368 <br /> BATON ROUGE, LA 70821 <br /> MRIEEE o° (225)219-5600 <br /> • <br /> ♦ ' <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.eth ics.state.la.us <br /> January 24, 2017 <br /> Richard L. Murray <br /> Housing Authority of East Baton Rouge Parish <br /> 4731 North Blvd <br /> Baton Rouge, LA 70806 <br /> Re: Ethics Board Docket No. 2016-1111 <br /> Dear Mr. Murray: <br /> The Louisiana Board of Ethics, at its January 20, 2017 meeting, considered your request <br /> for an advisory opinion, submitted on behalf of the Housing Authority of East Baton <br /> Rouge Parish (Housing Authority), regarding whether Telford Williams may continue <br /> participating as a landlord in the Housing Authority's Section 8 program, following his <br /> marriage to Shenika Robinson, a Social Services Analyst 1 (Analyst) employed with the <br /> Section 8 Department of the Housing Authority, in June of 2016. You provided the <br /> following background information for consideration in connection with your request: <br /> Mr. Williams has been a landlord in the Section 8 program since October 2014. As a <br /> landlord in the Section 8 program, Mr. Williams entered into a lease agreement with the <br /> tenant and a Housing Assistance Payments Contract (HAP Contract) with the Housing <br /> Authority for the initial lease term running October 1, 2014 through September 31, 2015. <br /> By virtue of the lease agreement and the HAP Contract, the tenant and the Housing <br /> Authority are responsible for paying their portion of the rent directly to Mr. Williams. <br /> Both the lease agreement and the HAP Contract automatically renew on a month-to- <br /> month basis. Mr. Williams has the option to sign a new 12-month lease with the tenant, <br /> but he must also sign a new corresponding 12-month HAP Contract. <br /> Nevertheless, the Housing Authority is required to recertify the tenant annually. For the <br /> annual recertification, the Analyst reviews the income and household composition. The <br /> Analyst verifies all income sources and any eligible deductions (such as child care <br /> expenses, student status, etc.). After verifying the information, the Analyst completes the <br /> calculation then informs both the tenant and the landlord regarding the new respective <br /> shares of the rent payable by the tenant and Housing Authority and the effective date of <br /> the change. Additionally, in between the annual recertification, the tenant can also report <br /> changes in income, household composition, child care expenses, etc. If the tenant reports <br /> such changes, then the Analyst must complete an interim certification. Similarly, if the <br /> landlord wishes to renew the lease and/or request a rent increase, the Analyst processes <br /> that paperwork as well. Finally, there have been three certifications since the tenant <br /> moved into Mr. Williams' unit. However, another case worker will handle the <br /> certifications even though the tenant is in Ms. Robinson's caseload. <br /> • <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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