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04 040113 HA ADMINPLAN EX 2
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04 040113 HA ADMINPLAN EX 2
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Last modified
3/28/2013 10:01:24 AM
Creation date
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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An owner who has grounds to terminate a tenancy is not required to do so, and may consider all <br />of the circumstances relevant to a particular case before making a decision. These might include: <br />• The seriousness of the offending action; <br />• The effect on the community of the termination, or of the owner's failure to terminate the <br />tenancy; <br />• The extent of participation by the leaseholder in the offending action; <br />• The effect of termination of tenancy on household members not involved in the offending <br />actlvlty; <br />• The demand for assisted housing by families who will adhere to lease responsibilities; <br />• The extent to which the leaseholder has shown personal responsibility and taken all <br />reasonable steps to prevent or mitigate the offending action; <br />• The effect of the owner's action on the integrity of the program. <br />The owner may require a family to exclude a household member in order to continue to reside in <br />the assisted unit, where that household member has participated in or been culpable for action or <br />failure to act that warrants termination. <br />In determining whether to terminate tenancy for illegal use of drugs or alcohol abuse by a <br />household member who is no longer engaged in such behavior, the owner may consider whether <br />such household member is participating in or has successfully completed a supervised drug or <br />alcohol rehabilitation program, or has otherwise been rehabilitated successfully (42 U.S.C. <br />13661). For this purpose, the owner may require the tenant to submit evidence of the household <br />member's current participation in, or successful completion of, a supervised drug or alcohol <br />rehabilitation program or evidence of otherwise having been rehabilitated successfully. <br />The owner's termination of tenancy actions must be consistent with the fair housing and equal <br />opportunity provisions in 24 CFR 5.105. <br />An owner's decision to terminate tenancy for incidents related to domestic violence, dating <br />violence, or stalking is limited by the Violence Against Women Reauthorization Act of 2005 <br />(VAVVA). (See Section 12-II.E.) <br />12-IILE. EFFECT OF TERMINATION OF TENANCY ON THE FAMILY' S <br />ASSISTANCE <br />If a termination is not due to a serious or repeated violation of the lease, and if SARA has no <br />other grounds for termination of assistance, SARA may issue a new voucher so that the family <br />can move with continued assistance (see Chapter l o). <br />EXHIBIT 12-1: STATEMENT OF FAMILY OBLIGATIONS <br />Following is a listing of a participant family's obligations under the HCV program: <br />The family must supply any information that SARA or HUD determines to be necessary, <br />including submission of required evidence of citizenship or eligible immigration status. <br />~~02~12 Page 12-14 <br />
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