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13-I.D. OWNER QUALIFICATIONS SARA does not formally approve an owner to participate in the HCV program. However, there are a number of criteria where SARA may deny approval of an assisted tenancy based on past owner behavior, conflict of interest, or other owner-related issues. No owner has a right to participate in the HCV program [24 CFR 982.306(e)]. Owners Barred from Participation [24 CFR 982.306(a) and (b)] SARA must not approve the assisted tenancy if SARA has been informed that the owner has been debarred, suspended, or subj ect to a limited denial of participation under 24 CFR part 24. HUD may direct SARA not to approve a tenancy request if a court or administrative agency has determined that the owner violated the Fair Housing Act or other federal equal opportunity requirements, or if such an action is pending. Leasing to Relatives [24 CFR 982.306(4), HCV GB p. 11-2] SARA must not approve an RTA if the owner is the parent, child, grandparent, grandchild, sister, or brother of any member of the family. SARA may make an exception as a reasonable accommodation for a family member with a disability. The owner is required to certify that no such relationship exists. This restriction applies at the time that the family receives assistance under the HCV program for occupancy of a particular unit. Current contracts on behalf of owners and families that are related may continue, but any new leases or contracts for these families may not be approved. Conflict of Interest [24 CFR 982.161; HCV GB p. 8-19] SARA must not approve a tenancy in which any of the following classes of persons has any interest, direct or indirect, during tenure or for one year thereafter: • Any present or former member or officer of SARA (except a participant commissioner) • Any employee of SARA, or any contractor, subcontractor or agent of SARA, who formulates policy or who influences decisions with respect to the programs • Any public official, member of a governing body, or State or local legislator, who exercises functions or responsibilities with respect to the programs • Any member of the Congress of the United States HUD may waive the conflict of interest requirements, except for members of Congress, for good cause. SARA must submit a waiver request to the appropriate HUD Field Office for determination. Any waiver request submitted by SARA must include [HCV Guidebook pp. l l -2 and 11-3 ] • Complete statement of the facts of the case; • Analysis of the specific conflict of interest provision of the HAP contract and justification as to why the provision should be waived; Analysis of and statement of consistency with state and local laws. The local HUD office, SARA, or both parties may conduct this analysis. Where appropriate, an opinion by the state's attorney general should be obtained; 7/02/12 Page 13-5