3 - PUBLIC HEARING ANNUAL ACTION PLAN

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Administrative Plan 4/1/2016 Page 10-3 contract terms and must notify both the family and the owner of the termination. The HAP contract terminates at the end of the calendar month that follows the calendar month in which SAHA gives notice to the owner. [24 CFR 982.403(a) and (c)] 10-I.B. RESTRICTIONS ON MOVES A family’s right to move is generally contingent upon the family’s compliance with program requirements [24 CFR 982.1(b)(2)]. HUD specifies two conditions under which a PHA may deny a family permission to move and two ways in which a PHA may restrict moves by a family. Denial of Moves HUD regulations permit SAHA to deny a family permission to move under the following conditions: Insufficient Funding SAHA may deny a family permission to move either within or outside SAHA’s jurisdiction if SAHA does not have sufficient funding for continued assistance [24 CFR 982.354(e)(1)]. However, Notice PIH 2012-42 significantly restricts the ability of PHAs to deny permission to move due to insufficient funding and places further requirements on PHAs regarding moves denied due to lack of funding. The requirements found in this notice are mandatory. SAHA Policy SAHA will deny a family permission to move on the grounds that SAHA does not have sufficient funding for continued assistance if (a) the move is initiated by the family, the owner or SAHA: (b) SAHA can demonstrate that the move will, in fact, result in higher subsidy costs; and (c) SAHA can demonstrate, in accordance with the policies in Part VIII of Chapter 16, that it does not have sufficient funding in its annual budget to accommodate the higher subsidy costs. SAHA will create a list of families whose moves have been denied due to insufficient funds, the families on this list will take precedence over families on the waiting list. SAHA will use the same procedures for notifying families with open requests to move when funds become available as it uses for notifying families on the waiting list (see section 4-III.D). SAHA will inform the family of its policy regarding moves denied due to insufficient funding in a letter to the family at the time the move is denied. Grounds for Denial or Termination of Assistance SAHA may deny a family permission to move if it has grounds for denying or terminating the family’s assistance [24 CFR 982.354(e)(2)]. SAHA Policy If SAHA has grounds for denying or terminating a family’s assistance, SAHA will act on those grounds in accordance with the regulations and policies set forth in Chapters 3 and 3-247