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Administrative Plan 4/1/16 <br /> <br />Page 3-19 <br />SAHA Policy <br />SAHA will admit an otherwise-eligible family who was evicted from federally-assisted <br />housing within the past 3 years for drug-related criminal activity, if SAHA is able to <br />verify that the household member who engaged in the criminal activity has completed a <br />supervised drug rehabilitation program approved by SAHA, or the person who committed <br />the crime, will not be living in the assisted unit. <br />• SAHA determines that any household member is currently engaged in the use of illegal <br />drugs. <br />SAHA Policy <br />Currently engaged in is defined as any use of illegal drugs during the previous three <br />months. Drug-related criminal activity, defined by HUD, is the illegal manufacture, sale, <br />distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, <br />distribute or use the drug [24 CFR 5.100]. In determining if the household member is <br />currently engaged in the use of illegal drugs, SAHA will consider all credible evidence, <br />including but not limited to, any record of convictions, arrests, or evictions of household <br />members related to the use of illegal drugs within no more than three months from the <br />date a criminal background check is conducted. <br />According to federal drug law, marijuana is categorized as a Schedule 1 substance under <br />the Controlled Substances Act. The manufacture, distribution, or possession of marijuana <br />is a federal criminal offense. State law is preempted by federal law due to the funding for <br />the Housing Choice Voucher Program being provided by the federal government. This <br />means that regardless of California’s stance on medical marijuana, participants in the <br />SAHA Housing Choice Voucher Program will be prohibited from the use of marijuana <br />even if for medical purposes. <br />• SAHA has reasonable cause to believe that any household member's current use or pattern of <br />use of illegal drugs, or current abuse or pattern of abuse of alcohol, may threaten the health, <br />safety, or right to peaceful enjoyment of the premises by other residents. <br />SAHA Policy <br />In determining reasonable cause, SAHA will consider all credible evidence, including but <br />not limited to, any record of convictions, arrests, or evictions of household members <br />related to the use of illegal drugs or the abuse of alcohol within no more than the last <br />three months from the date a criminal background check is conducted. A conviction will <br />be given more weight than an arrest. SAHA will also consider evidence from treatment <br />providers or community-based organizations providing services to household members. <br />• Any household member has ever been convicted of drug-related criminal activity for the <br />production or manufacture of methamphetamine on the premises of federally assisted <br />housing <br />• Any household member is subject to a lifetime registration requirement under a state sex <br />offender registration program <br />SAHA Policy <br />SAHA will access a national data base in order to satisfy PIH Notice 2012-28. <br />3-89