04 040113 HA ADMINPLAN EX 2 - Laserfiche WebLink

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"terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others...without terminating assistance to, or otherwise penalizing the victim of such violence who is also a tenant or lawful occupant." This authority is not dependent on a bifurcated lease or other eviction action by an owner against an individual family member. Further, this authority supersedes any local, state, or other federal law to the contrary. However, if SARA chooses to exercise this authority, it must follow any procedures prescribed by HUD or by applicable local, state, or federal law regarding termination of assistance [Pub.L.109-271 ] .This means that SARA must follow the same rules when terminating assistance to an individual as it would when terminating the assistance of an entire family [3/16/07 Federal Register notice on the applicability of VAWA to HUD programs]. SARA will terminate assistance to a family member if SARA determines that the family member has committed criminal acts of physical violence against other family members or others. This action will not affect the assistance of the remaining, non-culpable family members. In making its decision, SARA will consider all credible evidence, including, but not limited to, a signed certification (form HUD-50066) or other documentation of abuse submitted to SARA by the victim in accordance with this section. SARA will also consider the factors in section 12- II.D. Upon such consideration, SARA may, on a case-by-case basis, choose not to terminate the assistance of the culpable family member. If SARA does terminate the assistance of the culpable family member, it will do so in accordance with applicable law, HUD regulations, and the policies in this plan. SAHA Confidentiality Requirements [24 CFR 5.2007(a)(1)(v)] All information provided to SAHA regarding domestic violence, dating violence, or stalking, including the fact that an individual is a victim of such violence or stalking, must be retained in confidence and may neither be entered into any shared data base nor provided to any related entity, except to the extent that the disclosure (a) is requested or consented to by the individual in writing, (b) is required for use in an eviction proceeding, or (c) is otherwise required by applicable law. 12-II.F. TERMINATION NOTICE [HCV GB, p. 15-7] If a family's assistance is to be terminated, whether voluntarily or involuntarily, SAHA must give the family and the owner written notice that specifies: • The reasons for which assistance has been terminated • The effective date of the termination • The family's right to an informal hearing as described in Chapter 16 If a criminal record is the basis of the termination, a copy of the record must accompany the notice. A copy of the criminal record also must be provided to the subject of the record [24 CFR 982.553(4)]. When termination is initiated by SARA, the notice to terminate will be sent to the family and the owner at least 3 0 calendar days prior to the effective date of the termination. However, if a family vacates the unit without informing SARA, 30 days notice will not be given. In these cases, the notice to terminate will be sent at the time SARA learns the family has vacated the unit. ~~02~12 Page 12-10