TRANSITIONAL HOUSING PARTICIPANT MISCONDUCT ACT (THPMA) PRESENTATION. PART I. Does a transitional housing provider have to use the court process to remove someone from transitional housing?. General Rule :
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Provides comprehensive social service programs incl. individualized case mgt. and may include other services such as alcohol/substance abuse counseling, self-improvement training, employment and training, and living skills.
Provides temporary housing with structured setting and rules participants need to comply with to remain in program.
A homeless person under contract with a THP operator to participate in a THP and to use a dwelling unit in the program site.
Homeless person = Individual or family who lacked a fixed, regular, and adequate nighttime residence or lived in any temporary housing, shelter or institution. Includes sites not ordinarily used or designed for regular sleeping.
File application for immediate temporary restraining order pending hearing. May include orders to refrain from misconduct - or - exclude participant from THP site and stay at least 200 ft from site(s) if abuse is alleged.
Hearing on permanent injunction (generally, w/in 5 days of filing TRO).
(1) If participant violates conditions of restraining order: THP may serve 3-day notice to quit on participant and proceed with UD process upon expiration based on violation of Code of Civil Procedure §1161(3).
(2) If participant violates conditions of restraining order/injunction: THP operator may file “contempt” action along with petition to modify orders to include exclusion order (even if the action is based on “program misconduct.”)