3 - PUBLIC HEARING ANNUAL ACTION PLAN

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Administrative Plan 4/1/2016 Page 12-11 Fourth, it gives PHAs the authority to terminate assistance to any tenant or lawful occupant who engages in criminal acts of physical violence against family members or others without terminating assistance to, or otherwise penalizing, the victim of the violence [24 CFR 5.2009(a)]. Limitations on VAWA Protections [24 CFR 5.2005(d) and (e)] VAWA does not limit the authority of a SAHA to terminate the assistance of a victim of abuse for reasons unrelated to domestic violence, dating violence, sexual assault or stalking so long as SAHA does not subject the victim to a more demanding standard than it applies to other program participants [24 CFR 5.2005(d)(1)]. Likewise, VAWA does not limit the authority of a SAHA to terminate the assistance of a victim of domestic violence, dating violence, sexual assault or stalking if SAHA can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the assisted property if the victim is not terminated from assistance [24 CFR 5.2005(d)(2)]. HUD regulations define actual and imminent threat to mean words, gestures, actions, or other indicators of a physical threat that (a) is real, (b) would occur within an immediate time frame, and (c) could result in death or serious bodily harm [24 CFR 5.2005(d)(2) and (e)]. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: • The duration of the risk • The nature and severity of the potential harm • The likelihood that the potential harm will occur • The length of time before the potential harm would occur [24 CFR 5.2005(e)] Even when a victim poses an actual and imminent threat, however, HUD regulations authorize a SAHA to terminate the victim’s assistance “only when there are no other actions that could be taken to reduce or eliminate the threat” [24 CFR 5.2005(d)(3)]. SAHA Policy In determining whether a participant who is a victim of domestic violence, dating violence, or stalking is an actual and imminent threat to other tenants or those employed at or providing service to a property, SAHA will consider the following, and any other relevant, factors: o Whether the threat is toward an employee or tenant other than the victim of domestic violence, dating violence, or stalking o Whether the threat is a physical danger beyond a speculative threat o Whether the threat to other tenants or employees can be eliminated in some other way, such as by helping the victim relocate to a confidential location If the participant wishes to contest SAHA’s determination that he or she is an actual and imminent threat to other tenants or employees, the participant may do so as part of the informal hearing. 3-287