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Administrative Plan 4/1/2016 Page 12-9 <br />12-II.D. CRITERIA FOR DECIDING TO TERMINATE ASSISTANCE <br />Evidence <br />For criminal activity, HUD permits SAHA to terminate assistance if a preponderance of the <br />evidence indicates that a household member has engaged in the activity, regardless of whether <br />the household member has been arrested or convicted [24 CFR 982.553(c)]. <br />SAHA Policy <br />SAHA will use the concept of the preponderance of the evidence as the standard for <br />making all termination decisions. <br />Preponderance of the evidence is defined as evidence which is of greater weight or more <br />convincing than the evidence which is offered in opposition to it; that is, evidence which <br />as a whole shows that the fact sought to be proved is more probable than not. <br />Preponderance of the evidence may not be determined by the number of witnesses, but by <br />the greater weight of all evidence <br />Consideration of Circumstances [24 CFR 982.552(c)(2)(i)] <br />SAHA is permitted, but not required, to consider all relevant circumstances when determining <br />whether a family’s assistance should be terminated. <br />SAHA Policy <br />SAHA will consider the following factors when making its decision to terminate <br />assistance: <br />The seriousness of the case, especially with respect to how it would affect other <br />residents <br />The effects that termination of assistance may have on other members of the <br />family who were not involved in the action or failure <br />The extent of participation or culpability of individual family members, including <br />whether the culpable family member is a minor or a person with disabilities or (as <br />discussed further in section 12-II.E) a victim of domestic violence dating <br />violence, or stalking <br />The length of time since the violation occurred, the family’s recent history and the <br />likelihood of favorable conduct in the future <br />In the case of drug or alcohol abuse, whether the culpable household member is <br />participating in or has successfully completed a supervised drug or alcohol <br />rehabilitation program or has otherwise been rehabilitated successfully. SAHA <br />will require the participant to submit evidence of the household member’s current <br />participation in or successful completion of a supervised drug or alcohol <br />rehabilitation program, or evidence of otherwise having been rehabilitated <br />successfully. <br />In the case of program abuse, the dollar amount of the overpaid assistance and <br />whether or not a false certification was signed by the family. <br /> <br />3-285