ADMINISTRATIVE PLAN - San Antonio Housing Authority

Joint Custody of DependentsPHA PolicyChildren who are subject to a joint custody agreement but live with one parent at least51% of the time will be considered members of the household. "51% of the time" isdefined as 183 days of the year, which do not have to run consecutively.When more than one applicant or participant family is claiming the same dependents asfamily members, the family with primary custody at the time of the initial examination orreexamination will be able to claim the dependents. If there is a dispute about whichfamily should claim them, the PHA will make the determination based on availabledocuments such as court orders, or an IRS return showing which family has claimed thechild for income tax purposesDeparture of a Family or Household MemberFamilies must promptly notify the PHA if any family member no longer lives in the unit[24 CFR 982.551(h)(3)]. Because household members are considered when determining thefamily unit (voucher) size [24 CFR 982.402], the PHA also needs to know when any live-in aide,foster child, or foster adult ceases to reside in the unit.PHA PolicyIf a household member ceases to reside in the unit, the family must inform the PHAwithin 10 business days. This requirement also applies to a family member who has beenconsidered temporarily absent at the point that the family concludes the individual ispermanently absent.If a live-in aide, foster child, or foster adult ceases to reside in the unit, the family mustinform the PHA within 10 business days.Family Break-up [24 CFR 982.315]The PHA has discretion to determine which members of an assisted family continue to receiveassistance if the family breaks up. However, if a court determines the disposition of propertybetween members of the assisted family in a divorce or separation decree, the PHA is bound bythe court's determination of which family members continue to receive assistance.PHA PolicyWhen a family splits into two otherwise eligible families due to divorce or legalseparation, only one of the new families may retain rental assistance.In the absence of a judicial decision, or an agreement among the original familymembers, the PHA will determine which family will continue to receive assistance,taking into consideration the following factors:Which family member applied as head of household.The interest of any minor children, including custody arrangements,The interest of any ill, elderly, or disabled family members,© Copyright 2008 Nan McKay & Associates, Inc. Page 11-8Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.