Laserfiche WebLink
Administrative Plan 4/1/16 <br /> <br />Page 3-21 <br />language, written or oral, that is customarily used to intimidate may be <br />considered abusive or violent behavior. <br />Threatening refers to oral or written threats or physical gestures that <br />communicate intent to abuse or commit violence. <br />In making its decision to deny assistance, SAHA will consider the factors discussed in <br />Section 3-III.E. Upon consideration of such factors, SAHA may, on a case-by-case basis, <br />decide not to deny assistance. <br /> <br />3-III.D. SCREENING <br />Screening for Eligibility <br />PHAs are authorized to obtain criminal conviction records from law enforcement agencies to <br />screen applicants for admission to the HCV program. This authority assists SAHA in complying <br />with HUD requirements and SAHA policies to deny assistance to applicants who are engaging in <br />or have engaged in certain criminal activities. In order to obtain access to the records SAHA <br />must require every applicant family to submit a consent form signed by each adult household <br />member [24 CFR 5.903]. <br />SAHA Policy <br />SAHA will perform a criminal background check through local law enforcement or other <br />agencies for every adult household member during initial eligibility. <br />If the results of the criminal background check indicate that there may be past criminal <br />activity, but the results are inconclusive, SAHA may request a fingerprint card and may <br />request information from the local law enforcement agency. <br />PHAs are required to perform criminal background checks necessary to determine whether any <br />household member is subject to a lifetime registration requirement under a state sex offender <br />program in the state where the housing is located, as well as in any other state where a household <br />member is known to have resided [24 CFR 982.553(a)(2)(i)]. <br />SAHA Policy <br />SAHA will make use of private companies or any other source with national sex offender <br />data. <br />Additionally, PHAs must ask whether the applicant, or any member of the applicant’s household, <br />is subject to a lifetime registered sex offender registration requirement in any state [Notice PIH <br />2012-28]. <br />If SAHA proposes to deny assistance based on a criminal record or on lifetime sex offender <br />registration information, SAHA must notify the household of the proposed action and must <br />provide the subject of the record and the applicant a copy of the record and an opportunity to <br />dispute the accuracy and relevance of the information prior to a denial of admission. [24 CFR <br />5.903(f) and 5.905(d)]. <br /> <br /> <br />3-91