04 040113 HA ADMINPLAN EX 2 - Laserfiche WebLink

Home Browse Search

Whether the threat is a physical danger beyond a speculative threat Whether the threat is likely to happen within a short period of time Whether the threat to other tenants or employees can be eliminated in some other way, such as by helping the victim relocate to a confidential location If the tenant wishes to contest SAHA's determination that he or she is an actual and imminent threat to other tenants or employees, the tenant may do so as part of the informal hearing. Victim Documentation When a participant family is facing assistance termination because of the actions of a participant, household member, guest, or other person under the participant's control and a participant or immediate family member of the participant's family claims that she or he is the victim of such actions and that the actions are related to domestic violence, dating violence, or stalking, SARA will request in writing that the individual submit documentation affirming that claim. The written request will include explicit instructions on where, when, and to whom the documentation must be submitted. It will also state the consequences for failure to submit the documentation by the deadline. The documentation will consist of a completed and signed form HUD-50066, Certification of Domestic Violence, Dating Violence, or Stalking. In lieu of the certification form, SARA will accept either of the following forms of documentation: A police or court record documenting the actual or threatened abuse Documentation signed by a person who has assisted the victim in addressing domestic violence, dating violence, or stalking, or the effects of such abuse. This person maybe an employee, agent, or volunteer of a victim service provider; an attorney; or a medical or other knowledgeable professional. The person signing the documentation must attest under penalty of perjury to the person's belief that the incidents in question are bona fide incidents of abuse. The victim must also sign the documentation. SARA reserves the right to waive the documentation requirement if it determines that a statement or other corroborating evidence from the individual will suffice. The individual claiming victim status must submit the requested documentation within 14 days after receipt of SAHA's written request or must request an extension within that time frame. SARA may, at its discretion, extend the deadline for 14 days. If the individual provides the requested documentation within 14 days, or any SAHA- approvedextension, SARA will reconsider its termination decision in light of the ocumentation. If the individual does not provide the requested documentation within 14 days, or any SARA-approved extension, SARA will proceed with termination of the family's assistance in accordance with applicable law, program regulations, and the policies in this plan. Terminating the Assistance of a Domestic Violence Perpetrator [24 CFR 5.2005(c)] Although VAWA provides assistance termination protection for victims of domestic violence, it does not provide protection for perpetrators. VAWA gives SARA the explicit authority to ~~02~12 Page 12-9