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ACOP - San Antonio Housing Authority

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8 <strong>Housing</strong> Program because of drug-related criminal activity are ineligible for<br />

admission to public housing for a five (5) year period beginning on the date of<br />

such eviction. This may be waived if:<br />

a. The evicted household member who engaged in drug-related<br />

criminal activity demonstrates successful completion of a rehabilitation<br />

program approved by the <strong>Authority</strong>; or<br />

b. The circumstances leading to the eviction no longer exist (e.g., the<br />

individual involved in drugs is no longer a household member because of<br />

incarceration.)<br />

7. In evaluating evidence of negative past behavior, the <strong>Authority</strong> will give fair<br />

consideration to the seriousness of the activity with respect to how it would<br />

affect other residents, and/or the likelihood of favorable conduct in the future<br />

which could be supported by evidence of rehabilitation.<br />

8. In determining whether to deny admission for illegal drug use or alcohol abuse<br />

by a household member, the <strong>Authority</strong> may impose, as a condition to admission<br />

to, and continued assistance in public housing for other family members, a<br />

requirement that the household member who engaged in or is culpable for the<br />

drug use or alcohol abuse may not reside in the unit.<br />

9. The <strong>Authority</strong> will also review the criminal history record of any individual age 17<br />

years or older who is added to the Lease after initial occupancy. Such a review<br />

will be under the “applicant” standard, as described above.<br />

E. Reviewing Residents/Enforcement Through Evictions<br />

1. The activities described below shall be cause for termination of tenancy, and<br />

eviction from the premises. Since eviction is a civil, not criminal matter, a<br />

criminal conviction or arrest is not necessary in order to terminate a Lease and<br />

evict a household; however, SAHA shall be responsible for producing evidence<br />

strong enough to warrant an eviction:<br />

a. Violent criminal activity, or other criminal activity by a household<br />

member that threatens the health, safety or right to peaceful enjoyment of<br />

the premises by other residents (to include acting or speaking in an<br />

abusive or threatening manner toward other residents, or SAHA staff); or<br />

any drug related criminal activity on or off the premises, not just on or<br />

near the premises. Such activity by a guest of the household may also be<br />

grounds for eviction if such activity occurs on the premises.<br />

b. Abuse or pattern of alcohol abuse, by a household member, which<br />

poses a threat to the health, safety or right to peaceful enjoyment of the<br />

premises by other residents.<br />

c. SAHA will terminate tenancy for a material violation of the lease of<br />

any household member, guest, or person under the tenant’s control.<br />

2. In determining whether to terminate tenancy for illegal drug use or a pattern of<br />

illegal drug use by a participant who is no longer engaging in such use, or for<br />

SAHA <strong>ACOP</strong> Page 46 of 60 1/2012

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