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04 040113 HA ADMINPLAN EX 2
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04 040113 HA ADMINPLAN EX 2
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3/28/2013 10:01:24 AM
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3/28/2013 9:36:46 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Date
4/1/2013
Destruction Year
2018
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(5) SARA may not include imputed welfare <br />income in annual income if the family was not <br />an assisted resident at the time of sanction. <br />(d) Review of PHA decision. <br />(1) Public housing. If a public housing tenant <br />claims that SARA has not correctly calculated <br />the amount of imputed welfare income in <br />accordance with HUD requirements, and if <br />SARA denies the family's request to modify <br />such amount, SARA shall give the tenant <br />written notice of such denial, with a brief <br />explanation of the basis for SARA <br />determination of the amount of imputed <br />welfare income. SARA notice shall also state <br />that if the tenant does not agree with SARA <br />determination, the tenant may request a <br />grievance hearing in accordance with part 966, <br />subpart B of this title to review SARA <br />determination. The tenant is not required to <br />pay an escrow deposit pursuant to Sec. <br />966.55(e) for the portion of tenant rent <br />attributable to the imputed welfare income in <br />order to obtain a grievance hearing on SARA <br />determination. <br />(2) Section 8 participant. A participant in the <br />Section 8 tenant-based assistance program <br />may request an informal hearing, in <br />accordance with Sec. 982.555 of this title, to <br />review SARA determination of the amount of <br />imputed welfare income that must be included <br />in the family's annual income in accordance <br />with this section. If the family claims that such <br />amount is not correctly calculated in <br />accordance with HUD requirements, and if <br />SARA denies the family's request to modify <br />such amount, SARA shall give the family <br />written notice of such denial, with a brief <br />explanation of the basis for SARA <br />determination of the amount of imputed <br />welfare income. Such notice shall also state <br />that if the family does not agree with SARA <br />determination, the family may request an <br />informal hearing on the determination under <br />SARA hearing procedure. <br />(e) PHA relation with welfare agency. <br />(1) SARA must ask welfare agencies to inform <br />SARA of any specified welfare benefits <br />reduction for a family member, the reason for <br />such reduction, the term of any such reduction, <br />and any subsequent welfare agency <br />determination affecting the amount or term of <br />a specified welfare benefits reduction. If the <br />welfare agency determines a specified welfare <br />benefits reduction for a family member, and <br />gives SARA written notice of such reduction, <br />the family's annual incomes shall include the <br />imputed welfare income because of the <br />specified welfare benefits reduction. <br />(2) SARA is responsible for determining the <br />amount of imputed welfare income that is <br />included in the family's annual income as a <br />result of a specified welfare benefits reduction <br />as determined by the welfare agency, and <br />specified in the notice by the welfare agency to <br />SARA. However, SARA is not responsible for <br />determining whether a reduction of welfare <br />benefits by the welfare agency was correctly <br />determined by the welfare agency in <br />accordance with welfare program requirements <br />and procedures, nor for providing the <br />opportunity for review or hearing on such <br />welfare agency determinations. <br />(3) Such welfare agency determinations are <br />the responsibility of the welfare agency, and <br />the family may seek appeal of such <br />determinations through the welfare agency's <br />normal due process procedures. SARA shall <br />be entitled to rely on the welfare agency notice <br />to SARA of the welfare agency's <br />determination of a specified welfare benefits <br />re uction. <br />2/25/13 Page 6-46 <br />
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