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4-1 SUBMISSION ANNUAL ADMIN PLAN_EXHIBIT 3
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4-1 SUBMISSION ANNUAL ADMIN PLAN_EXHIBIT 3
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Last modified
3/17/2015 11:31:20 AM
Creation date
4/10/2014 3:50:49 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
4-1
Date
4/1/2015
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<br />If a criminal record is the basis of the termination, the PHA must provide a copy of the record to <br />the subject of the record and the participant so that they have an opportunity to dispute the <br />accuracy and relevance of the record \[24 CFR 982.553(d)\]. <br />If immigration status is the basis of a family-I.D of this <br />plan, the special notice requirements in Section 16-III.D must be followed. <br /> <br /> <br /> <br />PART III: TERMINATION OF TENANCY BY THE OWNER <br />12-III.A. OVERVIEW <br />Termination of an assisted tenancy is a matter between the owner and the family; the PHA is not <br />directly involved. However, the owner is under some constraints when terminating an assisted <br />tenancy and the reasons for which a tenancy is terminated dictate whether assistance also will be <br />terminated. <br /> <br />12-III.B. GROUNDS FOR OWNER TERMINATION OF TENANCY \[24 CFR 982.310 <br />and Form HUD-52641-A, Tenancy Addendum\] <br />During the term of the lease, the owner is not permitted to terminate the tenancy except for <br />serious or repeated violations of the lease, certain violations of state or local law, or other good <br />cause. <br />Serious or Repeated Lease Violations <br />The owner is permitted to terminate the f <br />terms and conditions of the lease, except when the violations are related to incidents of actual or <br />threatened domestic violence, dating violence, or stalking and the victim is protected from <br />eviction by the Violence Against Women Act of 2005 (see Section 12-II.E). A serious lease <br />violation includes failure to pay rent or other amounts due under the lease. <br />failure to make a HAP payment to the owner is not a violation of the lease between the family <br />and the owner. <br />Violation of Federal, State, or Local Law <br />The owner is permitted to terminate the tenancy if a family member violates federal, state, or <br />local law that imposes obligations in connection with the occupancy or use of the premises. <br />Criminal Activity or Alcohol Abuse <br />The owner may terminate tenancy during the term of the lease if any covered person, meaning <br />of the following types of criminal activity (for applicable definitions see 24 CFR 5.100): <br /> <br />Page 12-13 <br />04/01/14 <br /> <br />
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