I've been asked to evaluate a service whereby a drug dog and handler walk the doorways of all apartments. If the dog alerts on marijuana, cocaine, heroin, or meth at the doorway of an apartment, that action is reported to management and thus becomes grounds for immediate eviction. There is no actual entry into an apartment: ever.
This is a Section 8 community in a high crime area.
Can a legal department defend an eviction based on this service?
Despite the other issues is this an approach that is commonly used in the industry?
I see "PROBLEM" written all over this approach. Feedback?
I can see problems with this on the legal end and on the financial side; vacancy loss. But on the other side if this property is high crime it might be the best thing for this. I know there was a program here in Jacksonville that that the sherrif office started with complexes known for crime where they would Certified Crime Free community and they would do a knock n talk on the units that had issues. This will legal and very effective way to crack down on the crime. Hope this helps you. ~ Jolene Sopalski
:unsure: I can see this opening up a whole can of worms. We also have the Crime Free Multi-Housing in Daytona Beach and it has been a HUGE help. I started at a high crime property last August and with the help of this program we are almost crime free. The neighborhood looks better, better clientele, better reputation; all in all this was the best thing we have ever done. Check into it. The Crime Free Multi-housing is a nationwide program.
The Crime Free Multi Housing Program is excellent if a property can sustain it. We created a program called Project: CARE (Community Awarness, Response, and Education) (
www.lptoday.com/aptsec.htm
). It is modeled to some degree after CFMH but the support is on going.
I spend most of my efforts retained as an expert witness in security related law suits. Many defendants are apartment communities. The legal issues associated with a detection dog is simple: If the dog alerts at someone's door, does that necessarily mean the resident was in possession of the drug? At the very least it is bothersome.
If a property management company's legal counsel signs off on it then they should be prepared to defend it. However, I feel the legal exposure is low as suit is not likely to be brought.