This concerns the 4 story and 6 story buildings only.
UNDER CERTAIN CONDITIONS, BHA staff and contractors may enter your apartment for emergencies, upgrades, maintenance, inspections, and the showing of your apartment toward the end of your lease. This page lists things BHA will not tell you and are written from a tenants' rights perspective.
EMERGENCIES
It goes without saying, that if there is a maintenance emergency with you or a neighbor, like leaky pipes, water flooding, electrical or fire, BHA maintenance can legally enter your apartment without notice.
MAINTENANCE CALLS
You've called the Maintenance Department for work to be done in your apartment.
This call for help 'in their mind' has given them permission to enter during reasonable hours without any further notification.
MAINTENANCE, IMPROVEMENTS, INSPECTIONS, & SHOWINGS
BHA staff or contractors may legally enter your apartment ONLY IF...
A 2 DAY ADVANCED WRITTEN NOTICE has been DELIVERED TO YOUR DOOR [24 CFR 966.4(j)] giving you the time, date, and reason why they want to enter your apartment.
WITHOUT THIS NOTICE, you may legally refuse them entry. If you ask them to leave and they refuse, you may call the police. Refusing to leave after being told to leave is the criminal act of trespassing.
IF THEY ASK, and you agree to allow them to enter, you can ask them to leave at any time.
This has been a stickie issue between BHA management, maintenance, and tenants for years.
One hand of BHA does not know what the other hand did or should have done. Currently, BHA property managers are responsible for notifications to tenants. BHA Maintenance workers (and contractors) conduct their work "ASSUMING" property managers have given tenants the legally required notice. Too often, this notice was not given and thus conflict and tensions arise.
-- KNOW WHAT IS RIGHT --
REGUARDLESS of what the BHA lease says or BHA staff tell you, many aspects of the relationship between BHA (a PHA - Public Housing Authority) and its tenants are specifically regulated by HUD (Housing and Urban Development) of the U.S. Government - and these regulations have the weight of law upon BHA and its tenants. i.e. The Federal Government H.U.D. regulations override everything.
24 CFR 966.4(j) - Entry of dwelling unit during tenancy
excerpt: "A written statement specifying the purpose of the PHA entry delivered to the dwelling unit at least two days before such entry shall be considered reasonable advance notification;"
ADD A SIGN TO YOUR DOOR to make this statement clear and to warn BHA Against Trespassing (view/print here)
You may file an "Official Grievance" in writing of complaints and violations of tenants rights submitted to the main BHA office (330 Benachi Ave., Biloxi, MS 39530) or delivered to the BHA Building/Property Manager's drop box. Make sure the words "Official Grievance," your full name, address, contact info is included.
SEE GRIEVANCE DETAILS: 24 CFR Part 966 Subpart B
FORM TO FILL OUT and send to BHA for an Actual Illegal Entry into your home: (view/print here)
