3 - PUBLIC HEARING ANNUAL ACTION PLAN

Home Browse Search

Administrative Plan 4/1/16 Page 3-24 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)] If the family includes a person with disabilities, SAHA’s decision concerning denial of admission is subject to consideration of reasonable accommodation in accordance with 24 CFR Part 8. SAHA Policy If the family indicates that the behavior of a family member with a disability is the reason for the proposed denial of assistance, SAHA will determine whether the behavior is related to the disability. If so, upon the family’s request, SAHA will determine whether alternative measures are appropriate as a reasonable accommodation. SAHA will only consider accommodations that can reasonably be expected to address the behavior that is the basis of the proposed denial of assistance. See Chapter 2 for a discussion of reasonable accommodation. 3-III.F. NOTICE OF ELIGIBILITY OR DENIAL If the family is eligible for assistance, SAHA will notify the family in writing and schedule a tenant briefing, as discussed in Chapter 5. If SAHA determines that a family is not eligible for the program for any reason, the family must be notified promptly. The notice must describe: (1) the reasons for which assistance has been denied, (2) the family’s right to an informal review, and (3) the process for obtaining the informal review [24 CFR 982.554 (a)]. See Chapter 16, for informal review policies and procedures. SAHA Policy The family will be notified of a decision to deny assistance in writing within 14 days of the determination. If a PHA uses a criminal record or sex offender registration information obtained under 24 CFR 5, Subpart J, as the basis of a denial, a copy of the record must precede the notice to deny, with an opportunity for the applicant to dispute the accuracy and relevance of the information before SAHA can move to deny the application. In addition, a copy of the record must be provided to the subject of the record [24 CFR 5.903(f) and 5.905(d)]. SAHA must give the family an opportunity to dispute the accuracy and relevance of that record, in the informal review process in accordance with program requirements [24 CFR 982.553(d)]. SAHA Policy If based on a criminal record or sex offender registration information, an applicant family appears to be ineligible SAHA will notify the family in writing of the proposed denial and provide a copy of the record to the subject of the record. The family will be given 14 days to dispute the accuracy and relevance of the information. If the family does not contact SAHA to dispute the information within that 14-day period, SAHA will proceed with issuing the notice of denial of admission. A family that does not exercise their right to dispute the accuracy of the information prior to issuance of the official denial letter will still be given the opportunity to do so as part of the informal review process. 3-94