04 040113 HA ADMINPLAN EX 2 - Laserfiche WebLink

Home Browse Search

• Opinion by the local HUD office as to whether there would be an appearance of impropriety if the waiver were granted; • Statement regarding alternative existing housing available for lease under the HCV program or other assisted housing if the waiver is denied; • If the case involves a hardship for a particular family, statement of the circumstances and discussion of possible alternatives; • If the case involves a public official or member of the governing body, explanation ofhis/her duties under state or local law, including reference to any responsibilities involving the HCV program; • If the case involves employment of a family member by SARA or assistance under the HCV program for an eligible SARA employee, explanation of the responsibilities and duties of the position, including any related to the HCV program; • If the case involves an investment on the part of a member, officer, or employee of SARA, description of the nature of the investment, including disclosure/divestiture plans. Where SARA has requested a conflict of interest waiver, SARA may not execute the HAP contract until HUD has made a decision on the waiver request. In considering whether to request a conflict of interest waiver from HUD, SARA will consider factors the reasons for waiving the requirement; consistency with state and local laws; the existence of alternative housing available to families; the individual circumstances of a particular family; the specific duties of individuals whose positions present a possible conflict of interest; the nature of any financial investment in the property and plans for disclosure/divestiture; and the possible appearance of impropriety. Owner Actions That May Result in Disapproval of a Tenancy Request [24 CFR 982.306(c)] HUD regulations permit SARA, at SAHA's discretion, to refuse to approve a request for tenancy if the owner has committed any of a number of different actions. If SARA disapproves a request for tenancy because an owner is not qualified, it may not terminate the HAP contract for any assisted families that are already living in the owner's properties unless the owner has violated the HAP contract for those units [HCV GB p. l l -4] . SARA will refuse to approve a request for tenancy if SARA becomes aware that any of the following are true: The owner has violated obligations under a HAP contract under Section 8 of the 1937 Act (42 U.S.C.1437~; The owner has committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program; The owner has engaged in any drug-related criminal activity or any violent criminal actlVlty; The owner has a history or practice ofnon-compliance with the HQS for units leased under the tenant-based programs, or with applicable housing standards for units leased with project-based Section 8 assistance or leased under any other federal housing program; 7/02/12 Page 13-6