3 - PUBLIC HEARING ANNUAL ACTION PLAN

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Administrative Plan 4/1/16 Page 3-23 Consideration of Circumstances [24 CFR 982.552(c)(2)] HUD authorizes SAHA to consider all relevant circumstances when deciding whether to deny assistance based on a family’s past history except in the situations for which denial of assistance is mandatory (see Section 3-III.B). SAHA Policy SAHA will consider the following factors prior to making its decision: • The seriousness of the case, especially with respect to how it would affect other residents • The effects that denial of assistance may have on other members of the family who were not involved in the action or failure to act • The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities, or (as discussed further in section 3-III.G) a victim of domestic violence, dating violence, or stalking • The length of time since the violation occurred, the family’s recent history and the likelihood of favorable conduct in the future • In the case of drug or alcohol abuse, whether the culpable household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program or has otherwise been rehabilitated successfully SAHA will require the applicant to submit evidence of the household member’s current participation in or successful completion of a supervised drug or alcohol rehabilitation program, or evidence of otherwise having been rehabilitated successfully. Removal of a Family Member's Name from the Application Should SAHA’s screening process reveal that an applicant’s household includes an individual subject to state lifetime registered sex offender registration, SAHA must offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, SAHA must deny admission to the family [Notice PIH 2012-28]. For other criminal activity, SAHA may permit the family to exclude the culpable family members as a condition of eligibility. [24 CFR 982.552(c)(2)(ii)]. SAHA Policy As a condition of receiving assistance, a family may agree to remove the culpable family member from the application. In such instances, the head of household must certify that the family member will not be permitted to visit, stay as a guest, or reside in the assisted unit. After admission to the program, the family must present evidence of the former family member’s current address upon SAHA’s request. 3-93