U.S. Department of Housing and Urban Development

Office of Housing

Special Attention of:

All Secretary\'s Representatives Notice: H 95-82 (HUD)

All State Coordinators

All Area Coordinators Issued: November 7, 1995

All Special Agents in Charge Expires: November 30, 1996

All Housing Directors

All Directors, Single Family Housing

Divisions; All Chiefs, Property Cross References:

Disposition/Real Estate Owned

Branches

SUBJECT: Use of Single Family Acquired Properties by Law Enforcement

Agencies for Operation Safe Home

Operation Safe Home is a non-traditional and proactive strategy designed

to combat violent crime and gang/drug activity in and around public and

assisted housing. Through Operation Safe Home, the Department seeks to
make

public and assisted housing a safe and secure environment for its
residents.

The Department, through the Office of Inspector General (OIG), is
seeking to

maximize its collaboration with federal, state and local law enforcement

agencies in a wide range of joint task force operations targeted at
public

and assisted housing.

In furtherance of Operation Safe Home\'s objectives, the Department has

implemented a program whereby its acquired single family properties are

provided to law enforcement agencies who, in the judgment of the OIG,
have a

demonstrated need for their temporary use in connection with Operation
Safe

Home activities. Under this arrangement, the Department\'s single family

properties may be used for such law enforcement purposes as: (1)
temporary

\"safe houses\" for witnesses and confidential informants who fear
retribution

and who need to be relocated; and (2) locations for operational meetings
of

law enforcement agents conducting ongoing investigations, including

undercover and surveillance activities.

This program does not duplicate any other Property Disposition program

intended to assist law enforcement agencies. It is important to note
that

properties made available under this program are not to be used as
police

HSIP: Distribution: W-3-1, W-2(OGC)(H)(Z), W-3(A)(H)(ZAOO),W-4(H),
R-1,R-2,

R-3, R-3-1(H)(RC), R-3-2, R-3-3, R-6, R-6-1, R-6-2, R-7, R-7-1, R-7-2,

R-8, R-8-1

-2-

substations, detention facilities, community social/resource centers,
drug

rehabilitation centers, halfway houses or for any other non-Operation
Safe

Home purpose. There is a limit of 100 properties to be used at any one
time,

on a nationwide first come-first served basis for this program.
Properties

under lease in other programs or under contract of sale are not eligible
for

the Operation Safe Home program.

Local HUD Offices may, with strict confidence, make acquired single

family properties available directly to the OIG for use by law
enforcement

agencies cooperating with the Operation Safe Home program activities.

Confidentiality regarding the location of these properties and the
identities

of the individuals who are temporarily residing in them is of the utmost

importance since lives may be at risk if this information were released.
The

OIG is responsible for approving law enforcement agencies for
participation

and monitoring the properties, and will take appropriate action to
correct

any noncompliance or terminate the agreement with the agency.

The OIG, through its Special Agent in Charge (Investigation) in each HUD

Office, will coordinate with the Property Disposition/Real Estate Owned

Branch regarding arrangements with law enforcement agencies for the use
of

single family properties for Operation Safe Home purposes. A staff
member in

Property Disposition should be selected to become familiar with
Operation

Safe Home and to respond to requests for use of HUD-owned properties
from the

Special Agent In Charge.

Properties made available for this program shall be placed in hold-off

market, programmed for rent (code 4). During this period, remove the
property

from the REAM\'s inventory. When properties are assigned to OIG, the
REAM\'s

total compensation shall be the first installment payment as set forth
in the

terms of the contract if all duties to earn the first installment have
been

completed. When the property is re-assigned to the REAM, the second

installment will be paid when the sale closes. For confidentiality,
further

instructions on coding these properties into SAMS will be provided via

cc:mail message only to the Single Family Housing Directors and OIG\'s
Special

Agents in Charge.

In addition, HUD will pay all real estate taxes owed on the property

during the agreement period and no reimbursement is required. However,
law

enforcement agencies are to reimburse HUD for utility costs,
homeowners\',

condominium or community association dues or charges either monthly or
at the

end of the agreement term. For now, local HUD Offices are to track these

reimbursables manually until this function is available through SAMS.

Attachment I is the Memorandum of Understanding between the Office of

Housing and the Office of Inspector General for the Operation Safe Home

program. Attachment II contains a model Agreement between OIG and the

participating law enforcement agency which allows that agency\'s use of
the

HUD property. Attachment III is a model Agreement to be executed by the

participating law enforcement agency and the occupant whenever a
property is

to be occupied.

-3-

Through the efforts of this program, the Department\'s goal is to make

public assisted housing a safe and secure environment for its residents.
If

you have any questions concerning the implementation of this program,
please

call Ann M. Sudduth, Director, Single Family Property Disposition
Division,

at (202) 708-0740 or the OIG Headquarters contact person, Lee Isdell,
Special

Assistant to the Inspector General (Operation Safe Home Coordinator), at

\(202\) 708-0430.

Attachments

Assistant Secretary for Housing- Inspector General

Federal Housing Commissioner

ATTACHMENT I

MEMORANDUM OF UNDERSTANDING

Between the

Office of Housing

and the

Office of Inspector General

PURPOSE

This Memorandum of Understanding (MOU) establishes the framework for a

working relationship between the Office of Housing and the Office of

Inspector General (OIG) to provide temporary housing for witnesses under
the

provisions of the Operation Safe Home Program.

BACKGROUND

The United States, by and through HUD, pursuant to the National Housing
Act

of 1934, administers various housing programs for the purpose of
improving

and developing the Nation\'s communities, and as such, has an interest
in

illegal activities found contrary to this purpose.

Operation Safe Home was established to combat illegal activities in and

around public and assisted housing and to provide temporary safe houses
to

individuals who fear retribution for providing assistance to Federal,
state

and local law enforcement agencies in the arrest, prosecution or
conviction

of criminals in their neighborhoods.

AGREEMENT

As detailed in Notice H 95-82, Use of Single Family Acquired Properties
by

Law Enforcement Agencies for Operation Safe Home, the Offices of Housing
and

Inspector General mutually agree that:

1\. A limit of 100 single family properties from Housing\'s inventory

will be made available to OIG, at any one time, on a nationwide,

first come-first served basis.

2\. Eligible federal, state and local law enforcement agencies may use

the properties solely for Operation Safe Home purposes such as: (1)

Temporary \"safe houses\" for witnesses and confidential informants

who fear retribution and need to be relocated; and (2) locations

for operational meetings of law enforcement agents conducting

ongoing investigations, including undercover and surveillance

activities.

3\. Each time a property is utilized by a law enforcement agency, an

agreement with the agency must be executed by OIG.

-2-

4\. The term of the agreement will be six months, and may be extended

for an additional six months. No rent will be required.

5\. Law enforcement agencies must enter into a written agreement with

each witness who will occupy a HUD property.

6\. HUD will pay all real estate taxes on the property during the

agreement period and no reimbursement is required. All utility

costs, homeowners\', condominium, or community association dues or

charges will be paid by HUD when they become due with the

understanding that the law enforcement agency will reimburse HUD

either monthly or at the end of the agreement period, at HUD\'s

discretion. The law enforcement agency will be responsible for

repairs, maintenance and all other costs dated with the operation

and maintenance of the property.

7\. If the property selected was constructed prior to 1978, and

contains lead-based paint, children under the age of seven may be

at risk of lead poisoning and the law enforcement agency must abate

at its own expense if the child is to reside there.

8\. OIG is responsible for approving law enforcement agencies for

participation and monitoring the properties and shall take

appropriate action to correct any noncompliance or terminate the

agreement with the agency.

9\. All other provisions of Notice H 95-82, shall apply.

EFFECTIVE DATE

This Memorandum of Understanding becomes effective on the date of the
latest

signature below.

MODIFICATIONS, AMENDMENTS AND TERMINATION

This MOU may be modified, amended or terminated in writing by mutual
consent

from both parties or terminated by either party.

Nicolas P. Retsinas Susan Gaffney

Assistant Secretary for Housing- Inspector General

Federal Housing Commissioner

Date: 11/7/95 Date: 10/26/95

ATTACHMENT II

STANDARDS FOR THE USE OF HUD-OWNED SINGLE FAMILY PROPERTIES BY LAW

ENFORCEMENT AGENCIES FOR USE IN OPERATION SAFE HOME PROGRAM

Whereas a law enforcement agency currently has an operational need for a
HUD-

owned property to further its purposes, and HUD currently owns such
property

at:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

The following AGREEMENT is made:

1\. HUD hereby temporarily grants this AGENCY for its authorized use, a
HUD-

owned property located at the above address. No rent will be charged

based upon the law enforcement purpose.

2\. The property shall be used only for Operation Safe Home purposes
limited

to use as a temporary safe house for witnesses and confidential

informants who need to be relocated and location for operational

meetings of law enforcement agents conducting ongoing investigations,

including undercover and surveillance activities. The property may not

be used as a police substation, detention facility or community/social

resource center, drug rehabilitation center, halfway house or for any

other use or purpose than those directly related to the Operation Safe

Home program.

3\. HUD makes no warranties or claims, either expressed or implied, as
to

the condition or safety of said property and assumes no liability for

any type of damage or injuries that may result either directly or

indirectly to any person or property during the term of this AGREEMENT.

The AGENCY hereby expressly waives any and all claims of any nature

whatsoever against HUD for any reason whatsoever with respect to this

property.

4\. AGENCY agrees to be responsible for any and all maintenance,
alterations

or improvements made to the property, utility costs, and except for

emergency repairs, no repairs, alterations or rehabilitation of the

property shall be made without the prior written consent of HUD.

5\. AGENCY agrees to make all repairs to the property necessary to make
the

premises habitable and all additions and improvements made by the AGENCY

shall belong to HUD.

6\. AGENCY agrees that this property, including contents, will be
returned

to HUD at the conclusion of this AGREEMENT term, winterized as

prescribed by HUD, and secured with a Kwik-Set Master Lock Number 400T,

US 3-PD67767KD on the main entry door and Master Padlocks (No. A389) on

all outbuildings (Homeowner\'s key set to be provided to HUD\'s Office
of

Inspector General \[OIG\],
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
HUD

-2-

Office). HUD\'s Office of Inspector General, and all utility providers,

must be given a thirty day notice of intended vacancy by the AGENCY. The

property must be returned to HUD vacant and in a condition equal to or

better than the present condition including security.

7\. FEDERAL AGENCY agrees to assume any and all liability which could
result

to the United States Government as a result of the negligent acts or

omissions of its employees in accordance with the terms and conditions

of the Federal Tort Claim Act.

NON-FEDERAL AGENCY agrees to assume any and all liability which could

result to HUD as a consequence of this AGREEMENT, and further agrees to

indemnify HUD and hold HUD harmless from any and all damages and costs,

including interest, that may be imposed against HUD with respect to any

such liability.

8\. AGENCY agrees to be responsible for all furnishings, appliances and

costs associated with the operation and maintenance of the property.

Utility costs and homeowners\', condominium or community association
dues

or charges will be paid by HUD when they become due with the

understanding that the AGENCY agrees to reimburse HUD within 30 days of

such payment or at the end of the agreement period, at the discretion of

HUD. HUD will pay all real estate taxes owed on the property during the

AGREEMENT period.

9\. AGENCY agrees that if there is any damage to the property caused by
its

acts or neglect, or its occupants\' acts or neglect, the AGENCY shall

immediately repair such damage at its own expense. Should the AGENCY

fail or refuse to make such repairs within a reasonable time after the

occurrence of such damage, HUD may at its option make such repairs and

charge the cost thereof to the AGENCY, and the AGENCY shall reimburse

HUD for the total cost of all damages so caused. Failure or refusal by

the AGENCY to cure gives HUD the right to terminate the AGREEMENT and

recover any costs.

10\. AGENCY agrees that it will not place or allow to be placed any
liens on

the property without the express written consent of HUD and further

agrees to remove and to indemnify HUD for any costs incurred related to

the removal of any liens, including mechanic\'s liens, placed on the

property during the period of occupancy without HUD\'s approval.

11\. AGENCY shall not assign, sublet, or part with the possession of the

whole or any part of the property without first obtaining the written

consent of HUD, except as to comply with Paragraph 14 of this lease.

AGENCY may terminate this AGREEMENT at any time without penalty upon 30-

day written notice to HUD.

12\. AGENCY agrees the property will be kept in a clean and sanitary

condition and to comply with all federal, state and local laws and

regulations, codes and ordinances, restrictive covenants, condominium

declarations and bylaws, and homeowners\' association rules. AGENCY

-3-

agrees to obtain an occupancy permit if required and to reimburse HUD

for any fines, penalties and costs and all liability for violation or

noncompliance with any requirements related to the property.

13\. The AGREEMENT term shall be for a period of six months, beginning
on

(insert month, day and year). With written agreement of HUD, AGENCY may

renew the AGREEMENT for an additional term of six months. However,

occupancy of a HUD-owned property is temporary in all cases and is

subject to termination when necessary to facilitate preparing the

property for sale and completing the sale.

14\. AGENCY shall enter into an agreement with each OCCUPANT with said

agreement including the following minimum conditions:

1\) The agreement shall notify the occupant(s) that their occupancy is

subject to termination at any time without advance notice at the

convenience of the Government.

2\) The occupant(s) agrees to refrain from using the property for

unlawful purposes including, but not limited to, the illegal use,

possession or distribution of drugs or alcohol. Evidence of such

use shall result in immediate removal.

3\) Occupant(s) agrees to maintain the property according to local code

requirements.

15\. Evidence of the property being used for unlawful purposes including

illegal use, possession, or distribution of drugs or alcohol shall

result in immediate removal of occupants by the AGENCY.

16\. AGENCY agrees to remove occupants upon a conviction of such for

breaching the peace.

17\. AGENCY agrees that HUD shall have the right to enter the property
at all

reasonable hours for the purpose of inspecting the property.

18\. The following provisions shall only apply for properties
constructed

prior to 1978. HUD has provided the AGENCY with a copy of the current

brochure containing information on lead-based paint hazards. HUD will

inspect the property for defective paint surfaces and will treat any

defective surfaces found. If AGENCY knows or has reason to suspect that

the property will be occupied by families with children under the age of

seven years, AGENCY must test for lead-based paint on all painted

surfaces before initial occupancy. Where lead-based paint is identified,

AGENCY must abate at its own expense in accordance with 24 CFR Section

291.430 (d). AGENCY may not permit occupancy until testing and any

required abatement is completed. AGENCY must obtain certification that

required abatement is completed.

19\. AGENCY agrees that if it should fail to comply with any provisions
of

this AGREEMENT, it shall be lawful for HUD, at its option, to reenter

and take possession upon 30-day written notice to the AGENCY, and

-4-

thereupon this AGREEMENT shall terminate. AGENCY agrees to remove all

occupants from the property to adequate housing within the 30-day notice

period so that the property will be vacant upon HUD\'s re-entry. The

failure of HUD to insist upon the strict performance of the terms of

this AGREEMENT shall not be construed as a waiver of HUD\'s right to

later enforce any provision of the AGREEMENT.

20\. All goods and personal property placed or stored in or about the

property are at the risk of the AGENCY.

This document contains the entire AGREEMENT between the parties, and
neither

party is bound by any representations or agreements of any kind except
as

herein contained.

OFFICE OF INSPECTOR GENERAL (HUD Office)

(Signature) Special Agent in Charge Print Name

Date

AGENCY (Agent\'s Signature)

Address Agent\'s Title and Telephone Number

City, State and Zip Code Date

ATTACHMENT III

AGREEMENT WITH OCCUPANT

This AGREEMENT is made on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, 199\_,
between AGENCY, and (insert

occupant\'s code name), OCCUPANT.

1\. AGENCY agrees to permit the OCCUPANT to occupy the property known
as:

(include complete address with zip code), referred to hereafter as \"the

property\". The property is owned by he Department of Housing and Urban

Development (\"HUD\") and is provided to the AGENCY by HUD for its use.

2\. OCCUPANT shall occupy the unit at the behest of the AGENCY and is
not

considered a tenant. As a temporary resident, the OCCUPANT enjoys no

rights specific or inferred, granted to a tenant. This arrangement can

be terminated without advance notice at the convenience of the AGENCY.

3\. OCCUPANT shall use the property only for the purposes of temporary

shelter for himself/herself and authorized family members.

4\. OCCUPANT agrees to keep the property in a clean and sanitary
condition

and to comply with all Federal, state and local laws and regulations,

codes and ordinances, restrictive covenants, condominium declarations

and by-laws and homeowners association rules.

5\. OCCUPANT agrees to report in a timely manner any and all emergencies
and

needed repairs regarding the property to the AGENCY. No alteration,

addition, or improvements shall be made to the property without the

consent of the AGENCY and HUD in writing, and all additions and

improvements made by the OCCUPANT shall belong to HUD.

6\. OCCUPANT agrees to refrain from using the property for unlawful
purposes

and to maintain the property free from the illegal use, possession or

distribution of drugs or alcohol. Evidence of illegal use,

possession,or distribution of drugs or alcohol shall result in immediate

removal of OCCUPANT by the AGENCY.

7\. OCCUPANT agrees that the AGENCY and representatives of HUD shall
have

the right to enter the property at any time, without advance notice.

8\. OCCUPANT shall not assign, sublet, or part with the possession of
the

whole of any part of the property.

9\. OCCUPANT agrees that if he/she should fail to comply with any
provisions

of this it shall be lawful for the AGENCY, at its option, to reenter and

take possession.

-2-

10\. All goods and personal property placed or stored in or about the

property are at the risk of the OCCUPANT.

This document contains the entire AGREEMENT between the parties and
neither

party is bound by any representations or agreements of any kind except
as

herein contained.

AGENCY

WITNESS:

OCCUPANT

OCCUPANT