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~ The owner has given the family a notice to vacate, has commenced an action to evict the family, or has obtained a court judgment or other process allowing the owner to evict the family [24 CFR 982.314(b)(2)]. The family must give SAHA a copy of any owner eviction notice [24 CFR 982.551(g)]. ~ SAHA has terminated the assisted lease for the family's unit for the owner's breach [24 CFR 982.314(b)(1)(i)]. ~ SAHA determines that the family's current unit does not meet the HQS space standards because of an increase in family size or a change in family composition. In such cases, SAHA must issue the family a new voucher and family must find an acceptable unit as soon as possible. [24 CFR 982.403(a) and (c)] 10-I.B. RESTRICTIONS ON MOVES A family's right to move is generally contingent upon the family's compliance with program requirements [24 CFR 982.1(b)(2)]. HUD specifies two conditions under which a PHA may deny a family permission to move and two ways in which a PHA may restrict moves by a family. Denial of Moves HUD regulations permit SAHA to deny a family permission to move under the following conditions: Insufficient Funding SAHA may deny a family permission to move if SAHA does not have sufficient funding for continued assistance [24 CFR 982.314(e)(1)]. If (a) the move is initiated by the family, not the owner or SAHA; (b) SAHA can demonstrate that the move will, in fact, result in higher subsidy costs; and (c) SAHA can demonstrate, in accordance with the policies in Part VIII of Chapter 16, that it does not have sufficient funding in its annual budget to accommodate the higher subsidy costs. This policy applies to moves within SAHA's jurisdiction as well as to moves outside it under portability and mobility. [24 CFR 982.314(e)(1)] Grounds for Denial or Termination of Assistance SAHA has grounds for denying or terminating the family's assistance [24 CFR 982.314(e)(2)]. VAWA creates an exception to these restrictions for families who are otherwise in compliance with program obligations, but have moved to protect the health or safety of an individual who is or has been a victim of domestic violence, dating violence or stalking, and who reasonably believed he or she was imminently threatened by harm from further violence if they remained in the unit. [24CFR 982.353(b)] If SAHA has grounds for denying or terminating a family's assistance, SAHA will act on those grounds in accordance with the regulations and policies set forth in Chapters 3 and 12, respectively. In general, it will not deny a family permission to move for this reason; however, it retains the discretion to do so under special circumstances. Refer to section 3- IILG and 12-ILE for VAWA provisions. Page 10-2 11 /29/10