ADMINISTRATIVE PLAN - San Antonio Housing Authority

ADMINISTRATIVE PLAN - San Antonio Housing Authority ADMINISTRATIVE PLAN - San Antonio Housing Authority

13.07.2015 Views

14-I.C. INVESTIGATING ERRORS AND PROGRAM ABUSEWhen the PHA Will InvestigatePHA PolicyThe PHA will review all referrals, specific allegations, complaints, and tips from anysource including other agencies, companies, and individuals, to determine if they warrantinvestigation. In order for the PHA to investigate, the allegation must contain at least oneindependently verifiable item of information, such as the name of an employer or thename of an unauthorized household member.The PHA will investigate inconsistent information related to the family that is identifiedthrough file reviews and the verification process.Any file documentation of past behavior as well as corroborating complaints will beevaluated.If at the conclusion of the preliminary file review there are facts contained in theallegation that conflict with file data and that have been independently verified, the PHAwill initiate an investigation.Consent to Release of Information [24 CFR 982.516]The PHA may investigate possible instances of error or abuse using all available PHA and publicrecords. If necessary, the PHA will require HCV families to give consent to the release ofadditional information.Analysis and FindingsPHA PolicyThe PHA will base its evaluation on a preponderance of the evidence collected during itsinvestigation.Preponderance of the evidence is defined as evidence which is of greater weight or moreconvincing than the evidence which is offered in opposition to it; that is, evidence that asa whole shows that the fact sought to be proved is more probable than not. Preponderanceof evidence may not be determined by the number of witnesses, but by the greater weightof all evidenceFor each investigation the PHA will determine (1) whether an error or program abuse hasoccurred, (2) whether any amount of money is owed the PHA, and (3) what correctivemeasures or penalties will be assessed.© Copyright 2008 Nan McKay & Associates, Inc. Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.Page 14-4

Consideration of RemediesAll errors and instances of program abuse must be corrected prospectively. Whether the PHAwill enforce other corrective actions and penalties depends upon the nature of the error orprogram abuse.PHA PolicyIn the case of family-caused errors or program abuse, the PHA will take intoconsideration (1) the seriousness of the offense and the extent of participation orculpability of individual family members, (2) any special circumstances surrounding thecase, (3) any mitigating circumstances related to the disability of a family member, (4)the effects of a particular remedy on family members who were not involved in theoffense.In the case of owner-caused errors or program abuse, the PHA will take intoconsideration (1) the seriousness of the offense, (2) the length of time since the violationhas occurred, and (3) the effects of a particular remedy on family members who were notinvolved in the offense.Notice and AppealsPHA PolicyThe PHA will inform the relevant party in writing of its findings and remedies within 30business days of the conclusion of the investigation. The notice will include (1) adescription of the error or program abuse, (2) the basis on which the PHA determined theerror or program abuses, (3) the remedies to be employed, and (4) the families right toappeal the results through the informal review or hearing process, if applicable (seeChapter 16).© Copyright 2008 Nan McKay & Associates, Inc. Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.Page 14-5

Consideration of RemediesAll errors and instances of program abuse must be corrected prospectively. Whether the PHAwill enforce other corrective actions and penalties depends upon the nature of the error orprogram abuse.PHA PolicyIn the case of family-caused errors or program abuse, the PHA will take intoconsideration (1) the seriousness of the offense and the extent of participation orculpability of individual family members, (2) any special circumstances surrounding thecase, (3) any mitigating circumstances related to the disability of a family member, (4)the effects of a particular remedy on family members who were not involved in theoffense.In the case of owner-caused errors or program abuse, the PHA will take intoconsideration (1) the seriousness of the offense, (2) the length of time since the violationhas occurred, and (3) the effects of a particular remedy on family members who were notinvolved in the offense.Notice and AppealsPHA PolicyThe PHA will inform the relevant party in writing of its findings and remedies within 30business days of the conclusion of the investigation. The notice will include (1) adescription of the error or program abuse, (2) the basis on which the PHA determined theerror or program abuses, (3) the remedies to be employed, and (4) the families right toappeal the results through the informal review or hearing process, if applicable (seeChapter 16).© Copyright 2008 Nan McKay & Associates, Inc. Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.Page 14-5

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