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04 - HAADMIN PLAN 2
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04 - HAADMIN PLAN 2
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City Clerk
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Agenda Packet
Item #
04
Date
12/20/2010
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are caused by a member of your household or a guest can't be the reason for evicting you or <br />terminating your rental assistance if you were the victim of the abuse. <br />Reasons You Can Be Evicted <br />You can be evicted and your rental assistance can be terminated if the housing authority or your <br />landlord can show there is an actual and imminent (immediate) threat to other tenants or <br />employees at the property if you remain in your housing. Also, you can be evicted and your <br />rental assistance can be terminated for serious or repeated lease violations that are not related to <br />the domestic violence, dating violence, or stalking committed against you. The housing authority <br />and your landlord cannot hold you to a more demanding set of rules than it applies to tenants <br />who are not victims. <br />Removing the Abuser from the Household <br />Your landlord may split the lease to evict a tenant who has committed criminal acts of violence <br />against family members or others, while allowing the victim and other household members to <br />stay in the assisted unit. Also, the housing authority can terminate the abuser's Section 8 rental <br />assistance while allowing you to continue to receive assistance. If the landlord or housing <br />authority chooses to remove the abuser, it may not take away the remaining tenants' rights to the <br />unit or otherwise punish the remaining tenants. In removing the abuser from the household, your <br />landlord must follow federal, state, and local eviction procedures. <br />Moving to Protect Your Safety <br />The housing authority may permit you to move and still keep your rental assistance, even if your <br />current lease has not yet expired. The housing authority may require that you be current on your <br />rent or other obligations in the housing choice voucher program. The housing authority may ask <br />you to provide proof that you are moving because of incidences of abuse. <br />Proving that You Are a Victim of Domestic Violence, Dating Violence, or Stalking <br />The housing authority and your landlord can ask you to prove or "certify" that you are a victim <br />of domestic violence, dating violence, or stalking. The housing authorityyou're your landlord <br />must give you at least 14 business days (i.e. Saturdays, Sundays, and holidays do not count) to <br />provide this proof. The housing authority and your landlord are free to extend the deadline. <br />There are three ways you can prove that you are a victim: <br />~ Complete the certification form given to you by the housing authority or your landlord. The <br />form will ask for your name, the name of your abuser, the abuser's relationship to you, the <br />date, time, and location of the incident of violence, and a description of the violence. <br />~ Provide a statement from a victim service provider, attorney, or medical professional who <br />has helped you address incidents of domestic violence, dating violence, or stalking. The <br />professional must state that he or she believes that the incidents of abuse are real. Both you <br />and the professional must sign the statement, and both of you must state that you are signing <br />"under penalty of perjury." <br />~ Provide a police or court record, such as a protective order. <br />If you fail to provide one of these documents within the required time, the landlord may evict <br />you, and the housing authority may terminate your rental assistance. <br />ii/29/io Page 16-30 <br />
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