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<br /> <br />3-I.C. FAMILY BREAK-UP AND REMAINING MEMBER OF TENANT FAMILY <br /> <br />Family Break-up \[24 CFR 982.315\] <br />Except under the following conditions, the PHA has discretion to determine which members of <br />an assisted family continue to receive assistance if the family breaks up: <br /> <br />If the family breakup results from an occurrence of domestic violence, dating violence, or <br />stalking, the PHA must ensure that the victim retains assistance. (For documentation <br />requirements and policies related to domestic violence, dating violence, and stalking, see <br />section 16-IX.D of this plan.) <br /> <br />If a court determines the disposition of property between members of the assisted family in a <br />members continue to receive assistance. <br />SAHA Policy <br />SAHA has discretion to determine which members of an assisted family continue to receive <br />assistance if the family breaks up. However, if a court determines the disposition of property <br />between members of the assisted family in a divorce or separation decree, SAHA is bound by <br /> <br />the court's determination of which family members continue to receive assistance. <br />When a family on the waiting list breaks up into two otherwise eligible families, only one of <br />the new families may retain the original application date. Other former family members may <br />make a new application with a new application date if the waiting list is open. <br />If a family breaks up into two otherwise eligible families while receiving assistance, only one <br />of the new families will continue to be assisted. <br />In the absence of a judicial decision, or an agreement among the original family members, <br />SAHA will determine which family retains their placement on the waiting list, or will <br />continue to receive assistance taking into consideration the following factors: (1) the interest <br />of any minor children, including custody arrangements, (2) the interest of any ill, elderly, or <br />disabled family members, (3) any possible risks to family members as a result of domestic <br />violence or criminal activity, and (4) the recommendations of social service professionals. <br />Remaining Member of a Tenant Family \[24 CFR 5.403\] <br />The HUD definition of family includes the remaining member of a tenant family, which is a <br />member of an assisted family who remains in the unit when other members of the family have <br />left the unit. Household members such as live-in aides, foster children, and foster adults do not <br />qualify as remaining members of a family. <br />If dependents are remaining members of a tenant family and there is no family <br />member able or eligible to assume the responsibilities of the head of household, see Chapter 6, <br />Section 6- <br />3-I.D. HEAD OF HOUSEHOLD \[24 CFR 5.504(b)\] <br />Page 3-3 <br /> <br />04/01/14 <br /> <br />