§ 26-151Introduction.
§ 26-152Grounds for denial/termination. [24 CFR 982.54, 982.552, 982.553]
§ 26-153Screening and termination for drug abuse and other criminal
activity.
§ 26-154Family obligations. [24 CFR 982.551]
§ 26-155Procedures for noncitizens. [24 CFR 5.514, 5.516, 5.518]
§ 26-156Zero-assistance tenancies. [24 CFR 982.455(a)]
§ 26-157Option not to terminate for misrepresentation. [24 CFR 982.551,
982.552(c)]
§ 26-158Misrepresentation in collusion with owner. [24 CFR 982.551,
982.552(c)]
§ 26-159Missed appointments and deadlines. [24 CFR 982.551, 982.552(c)]
The WHA may deny or terminate assistance for a family because of the family's action or failure to act. The WHA will provide families with a written description of the family obligations under the program, the grounds under which the WHA can deny or terminate assistance, and the WHA's informal hearing procedures. This article describes when the WHA is required to deny or terminate assistance, and the WHA's policies for the denial of a new commitment of assistance and the grounds for termination of assistance under an outstanding HAP contract.
If denial or termination is based upon behavior resulting from a disability, the WHA will delay the denial or termination in order to determine if there is an accommodation that would negate the behavior resulting from the disability.
Mandatory denial and termination [24 CFR 982.54(d), 982.552(b), 982.553(a), 982.553(b)].
The WHA must deny assistance to applicants and terminate assistance for participants if the family is under contract and 180 days (or 12 months, depending on the HAP contract used) have elapsed since the WHA's last housing assistance payment was made. (See Article XIV, Contract Terminations.)
The WHA must permanently deny assistance to applicants, and terminate the assistance of persons convicted of manufacturing or producing methamphetamine on the premises of federally assisted housing.
The WHA must deny admission to the program for applicants and terminate assistance for program participants if the WHA determines that any household member is currently engaging in illegal use of a drug. See § 26-153 of this article for the WHA's established standards.
The WHA must deny admission to the program for applicants and terminate assistance for program participants if the WHA determines that it has reasonable cause to believe that a household member's illegal drug use or a pattern of illegal drug use may threaten the health, safety or right to peaceful enjoyment of the premises by other residents. See § 26-153 of this article for the WHA's established standards.
The WHA must deny admission to an applicant if the WHA determines that any member of the household is subject to a lifetime registration requirement under a state sex offender registration program. See § 26-153 of this article for the WHA's established standards regarding criminal background investigation and determining whether a member of the household is subject to a lifetime registration requirement under a state sex offender registration program.
The WHA must terminate program assistance for a family evicted from housing assisted under the program for serious violation of the lease.
The WHA must deny admission to the program for an applicant or terminate program assistance for a participant if any member of the family fails to sign and submit consent forms for obtaining information in accordance with 24 CFR Part 5, subparts B and F.
The WHA must deny admission or terminate assistance when required under the regulations to establish citizenship or eligible immigration status.
Grounds for denial or termination of assistance [24 CFR 982.552(c)].
The WHA will deny program assistance for an applicant, or terminate program assistance for a participant, for any of the following reasons:
If any family member violates any family obligation under the program as listed in 24 CFR 982.551.
If any family member has violated the family obligation under 24 CFR 982.551 not to engage in any drug-related criminal activity.
If any family member has violated the family obligation under 24 CFR 982.551 not to engage in any violent criminal activity.
Any member of the family has been evicted from federally assisted housing in the last five years.
If any WHA has ever terminated assistance under the program for any member of the family.
If any member of the family commits fraud, bribery or any other corrupt or criminal act in connection with any federal housing program.
The family currently owes rent or other amounts to the WHA or to another PHA in connection with Section 8 or public housing assistance under the 1937 Act.
The family has not reimbursed any PHA for amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease.
The family has engaged in or threatened abusive or violent behavior toward WHA personnel.
"Abusive or violent behavior towards WHA personnel" includes verbal as as physical abuse or violence. Use of expletives that are generally considered insulting, racial epithets, or other language, written or oral, that is customarily used to insult or intimidate may be cause for termination or denial.
"Threatening" refers to oral or written threats or physical gestures that communicate an intent to abuse or commit violence.
Actual physical abuse or violence will always be cause for termination.
Purpose. All federally assisted housing is intended to provide a place to live and raise families, not a place to commit crime, to use or sell drugs or terrorize neighbors. It is the intention of the Woonsocket Housing Authority to fully endorse and implement a policy designed to:
Administration.
All screening and termination of assistance procedures shall be administered fairly and in such a way as not to violate rights to privacy or discriminate on the basis of race, color, nationality, religion, familial status, disability, sex or other legally protected groups.
To the maximum extent possible, the WHA will involve other community and governmental entities in the promotion and enforcement of this policy.
Screening of applicants.
In an effort to prevent future drug-related and other criminal activity, as as other patterns of behavior that pose a threat to the health, safety or right to peaceful enjoyment of the premises by other residents, and as required by 24 CFR Part 982, subpart L and 24 CFR Part 5, subpart J, the WHA will endeavor to screen applicants as thoroughly and fairly as possible for drug-related and violent criminal behavior.
Such screening will apply to any member of the household who is 18 years of age or older.
HUD definitions.
"Covered person," for purposes of 24 CFR Part 982 and this article, means a tenant, any member of the tenant's household, a guest or another person under the tenant's control.
"Drug" means a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802).
"Drug-related criminal activity" means the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug.
"Guest," for purposes of this article and 24 CFR Part 5, subpart A and 24 CFR Part 982, means a person temporarily staying in the unit with the consent of a tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant. The requirements of Part 982 apply to a guest as so defined.
"Household," for the purposes of 24 CFR Part 982 and this article, means the family and WHA-approved live-in aide.
"Other person under the tenant's control," for the purposes of the definition of "covered person" and for 24 CFR Parts 5 and 982 and for this article, means that the person, although not staying as a "guest" (as defined in this article) in the unit, is or was at the time of the activity in question on the premises because of an invitation from the tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant. Absent evidence to the contrary, a person temporarily and infrequently on the premises solely for legitimate commercial purposes is not under the tenant's control.
"Violent criminal activity" means any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage.
Standard for violation.
The WHA will deny participation in the program to applicants and terminate assistance to participants in cases where the WHA determines there is reasonable cause to believe that a household member is illegally using a drug or if the person abuses alcohol in a way that may interfere with the health, safety or right to peaceful enjoyment of the premises by other residents, including cases where the WHA determines that there is a pattern of illegal use of a drug or a pattern of alcohol abuse.
"Engaged in or engaging in" violent criminal activity means any act within the past five years by an applicant or participant or household member which involved criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage, which did or did not result in the arrest and/or conviction of the applicant, participant, or household member.
The activity is being engaged in by any family member.
The existence of the above-referenced behavior by any household member, regardless of the applicant's or participant's knowledge of the behavior, shall be grounds for denial or termination of assistance.
In evaluating evidence of negative past behavior, the WHA will give fair consideration to the seriousness of the activity with respect to how it would affect other residents, and/or likelihood of favorable conduct in the future which could be supported by evidence of rehabilitation.
Drug-related and violent criminal activity. Ineligibility for admission if evicted for drug-related activity: Persons evicted from federally assisted housing because of drug-related criminal activity are ineligible for admission to the Section 8 program for a three-year period beginning on the date of such eviction. However, the household may be admitted if, after considering the individual circumstances of the household, the WHA determines that:
The evicted household member who engaged in drug-related criminal activity has successfully completed a supervised drug rehabilitation program approved by the WHA.
Denial of assistance for sex offenders. The WHA will deny admission if any member of the household is subject to a lifetime registration requirement under a state sex offender registration program. In screening applicants, the WHA will perform criminal history background checks to determine whether any household member is subject to a lifetime sex offender registration requirement.
Termination of assistance for participants.
Termination of assistance for drug-related criminal activity or violent criminal activity:
Under the family obligations listed at 24 CFR 982.551, the members of the household must not engage in drug-related criminal activity or violent criminal activity or other criminal activity that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises. HUD regulations at 24 CFR 982.553(b) require a PHA to establish standards for termination of assistance when this family obligation is violated.
The Woonsocket Housing Authority has established the following standards for termination of assistance for the family when a household member has violated the family obligation to refrain from participating in drug-related or violent criminal activity. Assistance will be terminated for participants who have been:
Arrested, convicted or evicted from a unit assisted under any federally assisted housing program for drug-related or violent criminal activity during participation in the program and within the last three years prior to the date of the notice to terminate assistance.
If any member of the household violates the family obligations by engaging in drug-related or violent criminal activity, the WHA will terminate assistance.
In appropriate cases, the WHA may permit the family to continue receiving assistance, provided that family members determined to have engaged in the proscribed activities will not reside in the unit.
The WHA may waive the requirement regarding drug-related criminal activity if:
The person demonstrates successful completion of a credible rehabilitation program approved by the WHA; or
The circumstances leading to the violation no longer exist because the person who engaged in drug-related criminal activity or violent criminal activity is no longer in the household due to death or incarceration.
Terminating assistance for alcohol abuse by household members. Under the family obligations listed at 24 CFR 982.551, the members of the household must not abuse alcohol in a way that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises. Assistance will be terminated due to violation of a family obligation if the WHA determines that a member of the household has demonstrated a pattern of alcohol abuse that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises.
Notice of termination of assistance.
In any case where the WHA decides to terminate assistance to the family, the WHA must give the family written notice which states:
The reason(s) for the proposed termination;
The effective date of the proposed termination;
The family's right, if it disagrees, to request an informal hearing to be held before termination of assistance; and
The date by which a request for an informal hearing must be received by the WHA.
If the WHA proposes to terminate assistance for criminal activity as shown by a criminal record, the WHA will provide the subject of the record and the tenant with a copy of the criminal record. The WHA will simultaneously provide written notice of the contract termination to the owner so that it will coincide with the termination of assistance. The notice to the owner will not include any details regarding the reason for termination of assistance.
Required evidence.
Preponderance of evidence is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. The intent is not to prove criminal liability, but to establish that the act(s) occurred. Preponderance of evidence may not be determined by the number of witnesses, but by the greater weight of all evidence.
Credible evidence may be obtained from police and/or court records. Testimony from neighbors, when combined with other factual evidence, can be considered credible evidence. Other credible evidence includes documentation of drug raids or arrest warrants.
The WHA will terminate assistance for criminal activity by a household member, as described in this article, if the WHA determines, based on a preponderance of the evidence, that the household member has engaged in the activity, regardless of whether the household member has been arrested or convicted for such activity.
The WHA will pursue fact-finding efforts as needed to obtain credible evidence.
Confidentiality of criminal records.
The WHA will ensure that any criminal record received is maintained confidentially, not misused or improperly disseminated, and destroyed once the purpose for which it was requested is accomplished.
All criminal reports, while needed, will be housed in a locked file with access limited to individuals responsible for screening and determining eligibility for initial and continued assistance.
Misuse of the above information by any employee will be grounds for termination of employment.
All criminal reports are kept in a secure location for six months in case of possible review or formal action. After six months, they are destroyed.
Obligations:
The family must supply any information that the WHA or HUD determines is necessary in the administration of the program, including submission of required evidence of citizenship or eligible immigration status (as provided by 24 CFR 982.551). "Information" includes any requested certification, release or other documentation.
The family must supply any information requested by the WHA or HUD for use in a regularly scheduled reexamination or interim reexamination of family income and composition in accordance with HUD requirements.
The family must disclose and verify social security numbers (as provided by 24 CFR 5.216) and must sign and submit consent forms for obtaining information in accordance with 24 CFR 5.230.
All information supplied by the family must be true and complete.
The family is responsible for an HQS breach caused by the family as described in 24 CFR 982.404(b).
The family must allow the WHA to inspect the unit at reasonable times and after reasonable notice.
The family may not commit any serious or repeated violations of the lease.
The family must notify the owner and, at the same time, notify the WHA before the family moves out of the unit or terminates the lease upon notice to the owner.
The family must promptly give the WHA a copy of any owner eviction notice.
The family must use the assisted unit for residence by the family. The unit must be the family's only residence.
The composition of the assisted family residing in the unit must be approved by the WHA. The family must promptly inform the WHA of the birth, adoption or court-awarded custody of a child. The family must request WHA approval to add any other family member as an occupant of the unit.
The family must promptly notify the WHA if any family member no longer resides in the unit.
If the WHA has given approval, a foster child or a live-in aide may reside in the unit. If the family does not request approval or WHA approval is denied, the family may not allow a foster child or live-in aide to reside with the assisted family.
Members of the household may engage in legal profit-making activities in the unit, but only if such activities are incidental to primary use of the unit as a residence by members of the family.
The family must not sublease or let the unit.
The family must not assign the lease or transfer the unit.
The family must supply any information or certification requested by the WHA to verify that the family is living in the unit, or relating to family absence from the unit, including any WHA-requested information or certification on the purposes of family absences. The family must cooperate with the WHA for this purpose. The family must promptly notify the WHA of absence from the unit.
The family must not own or have any interest in the unit.
The members of the family must not commit fraud, bribery or any other corrupt or criminal act in connection with any federal housing program.
The household members may not engage in drug-related criminal activity or violent criminal activity or other criminal activity that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises. The members of the household must not abuse alcohol in a way that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises. An assisted family or members of the family may not receive Section 8 tenant-based assistance while receiving another housing subsidy, for the same unit or for a different unit, under any duplicative (as determined by HUD or in accordance with HUD requirements) federal, state or local housing assistance program.
Housing Authority discretion [24 CFR 982.552(c)].
In deciding whether to deny or terminate assistance because of action or failure to act by members of the family, the WHA has discretion to consider all of the circumstances in each case, including the seriousness of the case. The WHA will use its discretion in reviewing the extent of participation or culpability of individual family members and the length of time since the violation occurred. The WHA may also review the family's more recent history and record of compliance, and the effects that denial or termination of assistance may have on other family members who were not involved in the action or failure to act.
The WHA may impose, as a condition of continued assistance for other family members, a requirement that family members who participated in, or were culpable for the action or failure to act, will not reside in the unit. The WHA may permit the other members of a family to continue in the program.
Enforcing family obligations.
Explanations and terms. The term "promptly" when used with the family obligations always means "within 15 days." Denial or termination of assistance is always optional except where this article or the regulations state otherwise.
HQS breach. The supervisor will determine if an HQS breach, as identified in 24 CFR 982.404(b), is the responsibility of the family. Families may be given extensions to cure HQS breaches by the Housing Choice Voucher Program Coordinator.
Lease violations. The following criteria will be used to decide if a serious or repeated violation of the lease will result in termination of assistance:
If the owner terminates tenancy through court action for serious or repeated violation of the lease.
If the owner notifies the family of termination of tenancy assistance for serious or repeated lease violations, and the family moves from the unit prior to the completion of court action, and the WHA determines that the cause is a serious or repeated violation of the lease based on available evidence.
Nonpayment of rent is considered a serious violation of the lease.
Notification of eviction. If the family requests assistance to move and it did not notify the WHA of an eviction within 15 days of receiving the notice of lease termination, the move will be denied.
Proposed additions to the family. The WHA will deny a family's request to add additional family members who are:
Persons who have been evicted from public housing.
Persons who have previously violated a family obligation listed in 24 CFR 982.51 of the HUD regulations.
Persons who commit drug-related criminal activity or violent criminal activity.
Persons who commit fraud, bribery or any other corrupt or criminal act in connection with any federal housing program.
Persons who currently owe rent or other amounts to the WHA or to another WHA in connection with Section 8 or public housing assistance under the 1937 Act.
Persons who have engaged in or threatened abusive or violent behavior toward WHA personnel.
Family member moves out. Families are required to notify the WHA if any family member leaves the assisted household. When the family notifies the WHA, they must furnish the following information:
Interest in unit. The owner may not reside in the assisted unit regardless of whether he/she is a member of the assisted family, unless the family owns the mobile home and rents the pad.
Fraud. In each case, the WHA will consider which family members were involved, the circumstances, and any hardship that might be caused to innocent members.
Denial or termination due to ineligible immigrant status.
Applicant or participant families in which all members are neither U.S. citizens nor eligible immigrants are not eligible for assistance and must have their assistance terminated. The WHA must offer the family an opportunity for a hearing. (See Article II, Eligibility for Admission, § 26-24, Citizenship/eligible immigration status.)
Assistance may not be terminated while verification of the participant family's eligible immigration status is pending.
False or incomplete information.
When the WHA has clear, concrete, or substantial documentation (such as a permanent resident card or information from another agency) that contradicts the declaration of citizenship made by an applicant or participant, an investigation will be conducted and the individual will be given an opportunity to present relevant information.
If the individual is unable to verify his/her citizenship, the WHA will give him/her an opportunity to provide a new declaration as an eligible immigrant or an opportunity to elect not to contend his/her status.
The WHA will then verify eligible status, deny, terminate, or prorate, as applicable.
The WHA will deny or terminate assistance based on the submission of false information or misrepresentation.
Procedure for denial or termination.
If the family (or any member) claimed eligible immigrant status and the INS primary and secondary verifications failed to document the status, the family may make an appeal to the INS and request a hearing with the WHA either after the INS appeal or in lieu of the INS appeal.
After the WHA has made a determination of ineligibility, the family will be notified of the determination and the reasons and informed of the option for prorated assistance (if applicable).
The family may remain in the unit at zero assistance for up to 180 days after the last HAP payment. If the family is still in the unit after 180 days, the assistance will be terminated. If, within the one-hundred-eighty-day time frame, an owner rent increase or a decrease in the total tenant payment causes the family to be eligible for a housing assistance payment, the WHA will resume assistance payments for the family.
In order for a family to move to another unit during the 180 days, the rent for the new unit would have to be high enough to necessitate a housing assistance payment.
If the family has misrepresented any facts that caused the WHA to overpay assistance, the WHA may choose not to terminate and may offer to continue assistance, provided that the family executes a repayment agreement and makes payments in accordance with the agreement.
If the family intentionally, willingly, and knowingly commits fraud or is involved in any other illegal scheme with the owner, the WHA will deny or terminate assistance.
It is a family obligation to supply information, documentation, and certification as needed for the WHA to fulfill its responsibilities. The WHA schedules appointments and sets deadlines in order to obtain the required information. The obligations also require that the family allow the WHA to inspect the unit, and appointments are made for this purpose.
An applicant or participant who fails to keep an appointment, or to supply information required by a deadline without notifying the WHA, may be sent a notice of denial or termination of assistance for failure to provide required information, or for failure to allow the WHA to inspect the unit.
The family will be given information about the requirement to keep appointments and the number of times appointments will be rescheduled, as specified in this article.
Appointments will be scheduled and time requirements will be imposed for the following events and circumstances:
Acceptable reasons for missing appointments or failing to provide information by deadlines are: medical emergency; incarceration; and family emergency. All reasons for missed appointments or deadlines must be verified by a third party.
Procedure when appointments are missed or information not provided.
For most purposes in this article, the family will be given two opportunities before being issued a notice of termination or denial for breach of a family obligation.
After issuance of the termination notice, if the family offers to correct the breach within the time allowed to request a hearing: The termination may be rescinded after the family cures the breach.
