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04 - HAADMIN PLAN 2
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04 - HAADMIN PLAN 2
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1/3/2012 3:30:20 PM
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City Clerk
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Agenda Packet
Item #
04
Date
12/20/2010
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contact SAHA to dispute the information within that 14-day period, SAHA will proceed with <br />issuing the notice of denial of admission. A family that does not exercise their right to dispute the <br />accuracy of the information prior to issuance of the official denial letter will still be given the <br />opportunity to do so as part of the informal review process. <br />Notice requirements related to denying assistance to noncitizens are contained in Section 3-ILB. <br />Notice policies related to denying admission to applicants who may be victims of domestic <br />violence, dating violence, or stalking are contained in Section 3-IILG. <br />3-IILG. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF <br />DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING [24 CFR Part 5, <br />Subpart L] <br />The Violence against Women Reauthorization Act of 2005 (VAWA) prohibits denial of <br />admission to an otherwise qualified applicant on the basis that the applicant is or has been a <br />victim of domestic violence, dating violence, or stalking. Specifically, Section 606(4)(A) of <br />VAWA adds the following provision to Section 8 of the U.S. Housing Act of 1937, which lists <br />contract provisions and requirements for the housing choice voucher program: <br />~ That an applicant or participant is or has been a victim of domestic violence, dating violence, <br />or stalking is not an appropriate reason for denial of program assistance or for denial of <br />admission, if the applicant otherwise qualifies for assistance or admission [24 CFR 5.2005]. <br />Definitions [24 CFR 5.2003] <br />As used in VAWA: <br />~ The term bifurcate means, with respect to a public housing or Section 8 lease, to divide a <br />lease as a matter of law such that certain tenants can be evicted or removed while the <br />remaining family members' lease and occupancy rights are allowed to remain intact. <br />~ The term domestic violence includes felony or misdemeanor crimes of violence committed <br />by a current or former spouse of the victim, by a person with whom the victim shares a child <br />in common, by a person who is cohabitating with or has cohabitated with the victim as a <br />spouse, by a person similarly situated to a spouse of the victim under the domestic or family <br />violence laws of the jurisdiction receiving grant monies, or by any other person against an <br />adult or youth victim who is protected from that person's acts under the domestic or family <br />violence laws of the jurisdiction. <br />~ The term dating violence means violence committed by a person who is or has been in a <br />social relationship of a romantic or intimate nature with the victim; and where the existence <br />of such a relationship shall be determined based on a consideration of the following factors: <br />- The length of the relationship <br />- The type of relationship <br />- The frequency of interaction between the persons involved in the relationship <br />iii29i2oio Page 3-23 <br />
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