ADMINISTRATIVE PLAN - San Antonio Housing Authority
ADMINISTRATIVE PLAN - San Antonio Housing Authority ADMINISTRATIVE PLAN - San Antonio Housing Authority
PHA PolicyA family will be considered evicted if the family moves after a legal eviction order hasbeen issued, whether or not physical enforcement of the order was necessary.If a family moves after the owner has given the family an eviction notice for serious orrepeated lease violations but before a legal eviction order has been issued, termination ofassistance is not mandatory. However, the PHA will determine whether the family hascommitted serious or repeated violations of the lease based on available evidence andmay terminate assistance or take any of the alternative measures described inSection 12-II.C and other factors as described in Sections 12-II.E. Upon considerationof such alternatives and factors, the PHA may, on a case-by-case basis, choose not toterminate assistance.Serious and repeated lease violations will include, but not be limited to, nonpayment ofrent, disturbance of neighbors, destruction of property, or living or housekeeping habitsthat cause damage to the unit or premises and criminal activity. Generally, the criteria tobe used is whether the reason for the eviction was through no fault of the tenant or guests.Failure to Provide Consent [24 CFR 982.552(b)(3)]The PHA must terminate assistance if any family member fails to sign and submit any consentform they are required to sign for a reexamination. See Chapter 7 for a complete discussion ofconsent requirements.Failure to Document Citizenship [24 CFR 982.552(b)(4) and [24 CFR 5.514(c)]The PHA must terminate assistance if (1) a family fails to submit required documentation withinthe required timeframe concerning any family member’s citizenship or immigration status; (2) afamily submits evidence of citizenship and eligible immigration status in a timely manner, butUnited States Citizenship and Immigration Services (USCIS) primary and secondary verificationdoes not verify eligible immigration status of the family; or (3) a family member, as determinedby the PHA, has knowingly permitted another individual who is not eligible for assistance toreside (on a permanent basis) in the unit.For (3) above, such termination must be for a period of at least 24 months. This does not apply toineligible noncitizens already in the household where the family’s assistance has been prorated.See Chapter 7 for a complete discussion of documentation requirements.Failure to Provide Social Security Documentation [24 CFR 5.218(c)]Refer to Chapter 17 regarding mandatory termination for failure to provide SSN and verification.Methamphetamine Manufacture or Production [24 CFR 982.553(b)(1)(ii)]The PHA must terminate assistance if any household member has ever been convicted of themanufacture or production of methamphetamine on the premises of federally-assisted housing.© Copyright 2008 Nan McKay & Associates, Inc. Page 12-3Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
Failure of Students to Meet Ongoing Eligibility Requirements [24 CFR 982.552(b)(5) andFR 4/10/06]If a student enrolled at an institution of higher education is under the age of 24, is not a veteran,is not married, does not have dependent children, is not residing with his/her parents in an HCVassisted household, and is not a person with disabilities receiving HCV assistance as ofNovember 30, 2005, the PHA must the terminate the student’s assistance if, at the time ofreexamination, either the student’s income or the income of the student’s parents (if applicable)exceeds the applicable income limit.If a participant household consists of both eligible and ineligible students, the eligible studentsshall not be terminated, but must be issued a voucher to move with continued assistance inaccordance with program regulations and PHA policies, or must be given the opportunity tolease in place if the terminated ineligible student members elect to move out of the assisted unit.12-I.E. MANDATORY POLICIES AND OTHER AUTHORIZED TERMINATIONSMandatory Policies [24 CFR 982.553(b) and 982.551(l)]HUD requires the PHA to establish policies that permit the PHA to terminate assistance if thePHA determines that: Any household member is currently engaged in any illegal use of a drug, or has a pattern ofillegal drug use that interferes with the health, safety, or right to peaceful enjoyment of thepremises by other residents Any household member’s abuse or pattern of abuse of alcohol may threaten the health,safety, or right to peaceful enjoyment of the premises by other residents Any household member has violated the family’s obligation not to engage in any drugrelatedcriminal activity Any household member has violated the family’s obligation not to engage in violent criminalactivityUse of Illegal Drugs and Alcohol AbusePHA PolicyThe PHA will terminate a family’s assistance if any household member is currentlyengaged in any illegal use of a drug, or has a pattern of illegal drug use that interfereswith the health, safety, or right to peaceful enjoyment of the premises by other residents.The PHA will terminate assistance if any household member’s abuse or pattern of abuseof alcohol threatens the health, safety, or right to peaceful enjoyment of the premises byother residents.Currently engaged in is defined as any use of illegal drugs during the previous sixmonths.© Copyright 2008 Nan McKay & Associates, Inc. Page 12-4Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
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- Page 310 and 311: The selected unit must meet HUD’s
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PHA PolicyA family will be considered evicted if the family moves after a legal eviction order hasbeen issued, whether or not physical enforcement of the order was necessary.If a family moves after the owner has given the family an eviction notice for serious orrepeated lease violations but before a legal eviction order has been issued, termination ofassistance is not mandatory. However, the PHA will determine whether the family hascommitted serious or repeated violations of the lease based on available evidence andmay terminate assistance or take any of the alternative measures described inSection 12-II.C and other factors as described in Sections 12-II.E. Upon considerationof such alternatives and factors, the PHA may, on a case-by-case basis, choose not toterminate assistance.Serious and repeated lease violations will include, but not be limited to, nonpayment ofrent, disturbance of neighbors, destruction of property, or living or housekeeping habitsthat cause damage to the unit or premises and criminal activity. Generally, the criteria tobe used is whether the reason for the eviction was through no fault of the tenant or guests.Failure to Provide Consent [24 CFR 982.552(b)(3)]The PHA must terminate assistance if any family member fails to sign and submit any consentform they are required to sign for a reexamination. See Chapter 7 for a complete discussion ofconsent requirements.Failure to Document Citizenship [24 CFR 982.552(b)(4) and [24 CFR 5.514(c)]The PHA must terminate assistance if (1) a family fails to submit required documentation withinthe required timeframe concerning any family member’s citizenship or immigration status; (2) afamily submits evidence of citizenship and eligible immigration status in a timely manner, butUnited States Citizenship and Immigration Services (USCIS) primary and secondary verificationdoes not verify eligible immigration status of the family; or (3) a family member, as determinedby the PHA, has knowingly permitted another individual who is not eligible for assistance toreside (on a permanent basis) in the unit.For (3) above, such termination must be for a period of at least 24 months. This does not apply toineligible noncitizens already in the household where the family’s assistance has been prorated.See Chapter 7 for a complete discussion of documentation requirements.Failure to Provide Social Security Documentation [24 CFR 5.218(c)]Refer to Chapter 17 regarding mandatory termination for failure to provide SSN and verification.Methamphetamine Manufacture or Production [24 CFR 982.553(b)(1)(ii)]The PHA must terminate assistance if any household member has ever been convicted of themanufacture or production of methamphetamine on the premises of federally-assisted housing.© Copyright 2008 Nan McKay & Associates, Inc. Page 12-3Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.