Banishment in Public Housing: Testing an Evolution of Broken Windows
Abstract
:1. Introduction
2. Background
2.1. Banishment in Public Housing
2.2. Policing and Banishment in Kings Housing Authority
- Enforcement of banishment and use of community policing in KHA was a process dating to 1995 when the local police department adopted its own KHA community policing initiative. After a department-wide request for officers to participate, eight were chosen and each assigned to one of the eight neighborhoods. One sergeant heads the KHA community policing unit and reports to a precinct captain, bypassing a lieutenant. KHA public housing officers (PHOs) have no assigned shifts and are given their own discretion as to how they want to fulfil their required work hours. However, supervisors strongly encourage PHOs to work hours typically associated with higher levels of crime (i.e., nights and weekends), and PHOs are encouraged to work longer than the department minimum eight-and-a-half hour shift.
- KHA’s community policing crime enforcement strategy extends beyond assigned communities and flexible schedules. PHOs utilize geographic crime statistics to report to their sergeant about trends and patterns of crime within their assigned neighborhoods. The crime statistics are also used for follow-up investigations with residents, to problem-solve emerging criminal issues, and to establish responsibility for a PHOs community. When on the street, PHOs are also given discretion as to how they choose to patrol: vehicle patrol, bicycle patrol, or foot patrol. PHOs are expected to handle only calls for service in public housing and nowhere else during their shifts. Finally, PHOs are given work cell phones, provided by KHA, to allow for residents to call them for non-emergencies.
- KHA PHOs work closely with KHA security and KHA property managers as well. First, when either of these parties encounters residents violating their lease or involved in crime, an Incident Report is generated and communicated amongst these groups. Should non-PHOs encounter lease violations or crime among residents while PHOs are not available, they may communicate the issue with the appropriate PHO who would determine if an Incident Report is necessary. KHA property managers then hold monthly grounds to appear (GTA) meetings with residents involved in Incident Reports. During GTA meetings, KHA security, KHA property managers, and PHOs all collectively review the incident with the resident to determine whether some action against the resident will be taken. The possible actions range from a warning to lease cancellation.
- During the early years of the community policing program in KHA, PHOs concluded that the majority of the problems plaguing their neighborhoods involved non-residents [33]. Through guidance of the local judge, PHOs were able to establish the initial criteria to begin its enforcement of trespassing, to include: posting visible no-trespass signs; giving a warning to a non-resident on their first encounter; having prior knowledge a non-resident has been given warning before arresting them for trespassing; [and warning residents that the KHA PHOs would begin enforcing banishment] [33]. It was not until suspects began to contest trespassing charges, stating they were never issued a warning to stay off the property, that the local courts mandated the police department and KHA to begin utilizing a formal ban notice. The formal use of banishment began in 2004.
- The procedure for issuing, maintaining, and enforcing ban notices on public housing property is similar to what has been detailed in the literature (see [21,31,34,35]). First, ‘non-residents who are discovered on any KHA property and who engage in [activities punishable by banishment] will be determined to be trespassers and will receive a written trespass notice banning them from the premises’ [36]. After an individual has been issued a ban notice, the person is then entered into a no-trespass list maintained by the police department, specifically by KHA PHOs, and updated bimonthly. If the person is caught back on the property, they can then be arrested for trespassing. While PHOs maintain full responsibility for the enforcement of banishment, non-PHOs are trained in enforcing banishment in the event PHOs are not available [33].
- Like other cities, the criteria for banning are broad [21]. Any non-resident involved in any crime on KHA property can be banned. Non-criminal activity on the property that qualifies for banishment includes: grouping for the purpose of threatening or intimidating; ‘prior involvement of narcotic activity/violations’; not demonstrating a legitimate business or social purpose for being on the premises; and ‘engaging in any conduct which interferes with the enjoyment of the premises by adversely affecting the health safety, or welfare of residents, guests, employees, communities, and/or properties of [KHA]’ [36]. Once a ban notice is served to a non-resident, it is effective at that time and “remains in effect indefinitely” [36]. Furthermore:If such non-resident maintains that he or she is a guest or invitee of a resident of KHA property, a copy of this notice will also be served upon the tenant via mail, hand-delivery, or by posting it on the door at the tenant’s last known place of residence.[36]
- Notification of an individual banned may also be discussed with the tenant at GTA meetings [36]. Leases may be terminated should banned individuals return to the property with the tenant’s consent or knowledge.
- However, appealing banishment is allowed in this city under some guidelines. The head of household that the banned individual was visiting are the only person that can appeal a ban notice. An appeal process begins with the head of household contacting the head of KHA security and stating they want to appeal a ban notice [33]. Furthermore, ‘such an appeal must be in writing and filed within ten days of receipt of the ban notice’ [36]. Appeals are not applicable to: (1) any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises of other tenants or employees of the authority; (2) any violent or drug-related criminal activity on or off the premises; (3) disputes between tenants; or (4) ‘class grievances’ [35]. Should KHA security decided to lift the ban, the head of household is notified, and KHA PHOs are advised to remove the banned individual from the ban list. Finally, while the information for appeal appears on the back of the ban notice, officers (PHOs and non-PHOs) routinely inform banned individuals verbally the steps in making an appeal when issuing ban notices [33].
2.3. Broken Windows
2.4. Banishment and Broken Windows
3. Method
3.1. Sample
3.2. Measures
3.3. Models
4. Results
5. Discussion
6. Conclusions
Acknowledgments
Author Contributions
Conflicts of Interest
Appendix A
References and Notes
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- 3Banishment has been used on public and private property, residential and business properties, and areas handpicked by local judges [7].
- 4As a result of the National Commission on Severely Distressed Public Housing, Congress created HOPE VI, which called for many of the nation’s public housing communities to undergo physical revitalizations or be demolished altogether (see [41]).
- 5As of 2016, only the NYPD has publicly denounced the practice of stopping anyone in public housing under the guise of a trespass investigation (see [43]).
Neighborhood | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 | 2010 | 2011 | 2012 | |
---|---|---|---|---|---|---|---|---|---|---|
Public Housing 1 | Bans | 57 | 20 | 43 | 88 | 79 | 140 | 178 | 101 | 91 |
(32%) | (13%) | (32%) | (37%) | (23%) | (27%) | (25%) | (22%) | (26%) | ||
Pop. | 1715 | 1732 | 1749 | 1766 | 1783 | 1800 | 1817 | 1834 | 1851 | |
Public Housing 2 | Bans | 31 | 41 | 37 | 48 | 78 | 130 | 190 | 149 | 91 |
(17%) | (26%) | (28%) | (20%) | (23%) | (25%) | (27%) | (33%) | (26%) | ||
Pop. | 1939 | 1950 | 1961 | 1973 | 1984 | 1995 | 2006 | 2018 | 2029 | |
Public Housing 3 | Bans | 13 | 17 | 14 | 34 | 88 | 82 | 91 | 51 | 77 |
(7%) | (11%) | (10%) | (14%) | (26%) | (16%) | (13%) | (11%) | (22%) | ||
Pop. | 852 | 858 | 865 | 871 | 878 | 884 | 891 | 897 | 904 | |
Public Housing 4 * | Bans | 60 | 52 | 31 | 53 | 62 | 126 | 200 | 89 | 62 |
(34%) | (33%) | (23%) | (22%) | (18%) | (24%) | (28%) | (20%) | (18%) | ||
Pop. | 2216 | 2216 | 2216 | 2217 | 2217 | 2217 | 2217 | 2217 | 2217 | |
Public Housing 5 | Bans | 18 | 26 | 9 | 17 | 32 | 50 | 50 | 60 | 31 |
(10%) | (17%) | (7%) | (7%) | (9%) | (9%) | (7%) | (13%) | (9%) | ||
Pop. | 1252 | 1247 | 1243 | 1238 | 1234 | 1229 | 1224 | 1220 | 1215 | |
Public Housing Total | Bans | 179 | 156 | 134 | 240 | 339 | 528 | 709 | 450 | 352 |
(100%) | (100%) | (100%) | (100%) | (100%) | (100%) | (100%) | (100%) | (100%) | ||
Pop. | 7974 | 8003 | 8034 | 8065 | 8096 | 8125 | 8155 | 8186 | 8216 |
Variable | Mean | Standard Deviation | Min | Max | |
---|---|---|---|---|---|
Property Crime | Overall | 100.6 | 134.8 | 16.0 | 776.0 |
Between | 136.5 | 27.5 | 631.4 | ||
Within | 21.9 | 32.2 | 245.2 | ||
Violent Crime | Overall | 17.4 | 12.8 | 0.0 | 64.0 |
Between | 11.7 | 1.9 | 44.1 | ||
Within | 5.8 | –5.3 | 37.9 | ||
Trespass Arrest | Overall | 11.7 | 22.0 | 0.0 | 194.0 |
Between | 17.5 | 1.2 | 72.3 | ||
Within | 13.9 | –25.2 | 165.8 | ||
Drug Arrest | Overall | 20.6 | 23.1 | 0.0 | 174.0 |
Between | 18.5 | 1.2 | 77.5 | ||
Within | 14.4 | –44.9 | 117.1 | ||
Concentrated Disadvantage | Overall | 0.0 | 1.0 | –2.1 | 1.7 |
Between | 1.0 | –2.1 | 1.5 | ||
Within | 0.2 | –0.6 | 0.6 |
Effect/Model | 1 | 2 | 3 |
---|---|---|---|
Property Crime(t-1) | 0.274 ** | 0.326 ** | 0.288 ** |
(0.089) | (0.094) | (0.100) | |
Bans(t-1) | –0.054 * | –0.083 * | –0.076 * |
(0.024) | (0.032) | (0.033) | |
Concentrated Disadvantage | –0.011 | –0.019 | |
(0.330) | (0.345) | ||
Year | 0.009 | 0.008 | |
(0.018) | (0.019) | ||
Trespass Arrests(t-1) | –0.015 | ||
(0.039) | |||
Drug Arrests(t-1) | –0.053 | ||
(0.052) | |||
N | 180 | 180 | 180 |
n | 18 | 18 | 18 |
Wald chi-square | 19.9 ** | 43.0 ** | 46.4 ** |
Effect/Model | 1 | 2 | 3 |
---|---|---|---|
Violent Crime(t-1) | 0.247 | 0.077 | 0.025 |
(0.153) | (0.085) | (0.097) | |
Bans(t-1) | 0.013 | 0.053 | 0.053 |
(0.029) | (0.047) | (0.044) | |
Concentrated Disadvantage | 0.139 | 0.119 | |
(0.452) | (0.413) | ||
Year | –0.009 | –0.004 | |
(0.024) | (0.022) | ||
Trespass Arrests(t-1) | –0.047 | ||
(0.030) | |||
Drug Arrests(t-1) | 0.102 | ||
(0.066) | |||
N | 180 | 180 | 180 |
n | 18 | 18 | 18 |
Wald chi-square | 3.5 | 3.2 | 15.8 * |
Effect/Model | 1 | 2 | 3 | 4 |
---|---|---|---|---|
Trespass Arrests(t-1) | 0.196 | 0.337 | 0.272 | 0.242 |
(0.228) | (0.206) | (0.188) | (0.159) | |
Bans(t-1) | 0.116 | –0.077 | ||
(0.096) | (0.084) | |||
Bans(t-2) | 0.248 ** | 0.106 † | ||
(0.083) | (0.061) | |||
Concentrated Disadvantage | 0.012 | 0.711 | ||
(0.771) | (0.471) | |||
Year | 0.079 | 0.081 ** | ||
(0.050) | (0.025) | |||
N | 180 | 180 | 180 | 180 |
n | 18 | 18 | 18 | 18 |
Wald chi-square | 3.7 | 27.3 ** | 13.0 ** | 63.0 ** |
Effect/Model | 1 | 2 | 3 | 4 | 5 | 6 |
---|---|---|---|---|---|---|
Drug Arrests(t-1) | 0.159 | 0.132 | 0.086 | 0.164 | 0.087 | 0.090 |
(0.131) | (0.155) | (0.136) | (0.143) | (0.134) | (0.136) | |
Bans(t-1) | –0.084 | 0.026 | 0.044 | |||
(0.075) | (0.041) | (0.045) | ||||
Bans(t-2) | –0.044 | 0.084 † | 0.097 * | |||
(0.084) | (0.044) | (0.048) | ||||
Concentrated Disadvantage | –0.261 | –0.348 | –0.444 | –0.445 | ||
(0.748) | (0.444) | (0.399) | (0.408) | |||
Year | –0.041 | –0.051 † | –0.062 * | –0.064 * | ||
(0.037) | (0.030) | (0.027) | (0.029) | |||
Trespass Arrests(t-1) | 0.022 | 0.028 | ||||
(0.071) | (0.071) | |||||
Trespass Arrests(t-2) | –0.014 | –0.020 | ||||
(0.057) | (0.058) | |||||
N | 180 | 180 | 180 | 180 | 180 | 180 |
n | 18 | 18 | 18 | 18 | 18 | 18 |
Wald chi-square | 2.8 | 9.9 * | 12.7 * | 2.1 | 10.5 * | 13.3 * |
© 2016 by the authors; licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC-BY) license (http://creativecommons.org/licenses/by/4.0/).
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Torres, J.; Apkarian, J.; Hawdon, J. Banishment in Public Housing: Testing an Evolution of Broken Windows. Soc. Sci. 2016, 5, 61. https://doi.org/10.3390/socsci5040061
Torres J, Apkarian J, Hawdon J. Banishment in Public Housing: Testing an Evolution of Broken Windows. Social Sciences. 2016; 5(4):61. https://doi.org/10.3390/socsci5040061
Chicago/Turabian StyleTorres, Jose, Jacob Apkarian, and James Hawdon. 2016. "Banishment in Public Housing: Testing an Evolution of Broken Windows" Social Sciences 5, no. 4: 61. https://doi.org/10.3390/socsci5040061
APA StyleTorres, J., Apkarian, J., & Hawdon, J. (2016). Banishment in Public Housing: Testing an Evolution of Broken Windows. Social Sciences, 5(4), 61. https://doi.org/10.3390/socsci5040061