ADMINISTRATIVE PLAN - San Antonio Housing Authority
ADMINISTRATIVE PLAN - San Antonio Housing Authority ADMINISTRATIVE PLAN - San Antonio Housing Authority
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
- Page 276 and 277: PART II: INTERIM REEXAMINATIONS [24
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- Page 282 and 283: Effective DatesThe PHA must establi
- Page 284 and 285: Subsidy Standards [24 CFR 982.505(c
- Page 286 and 287: Chapter 12TERMINATION OF ASSISTANCE
- Page 288 and 289: PHA PolicyA family will be consider
- Page 290 and 291: The PHA will consider all credible
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- Page 296 and 297: If the tenant wishes to contest the
- Page 298 and 299: 12-II.F. TERMINATION NOTICE [HCV GB
- Page 300 and 301: PART III: TERMINATION OF TENANCY BY
- Page 302 and 303: After the initial lease term, “ot
- Page 304 and 305: EXHIBIT 12-1: STATEMENT OF FAMILY O
- Page 306 and 307: Members of the household must not e
- Page 308 and 309: PART I. OWNERS IN THE HCV PROGRAM13
- Page 310 and 311: The selected unit must meet HUD’s
- Page 312 and 313: HUD may waive the conflict of inter
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- Page 316 and 317: Part B is the body of the contract.
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- Page 320 and 321: 13-II.E. HAP CONTRACT TERM AND TERM
- Page 322 and 323: EXHIBIT 13-1: SUMMARY OF REQUIREMEN
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- Page 332 and 333: Repayment to the PHANeither a famil
- Page 334 and 335: Chapter 15SPECIAL HOUSING TYPES[24
- Page 336 and 337: Sanitary Facilities: At least one f
- Page 338 and 339: PART III. GROUP HOME[24 CFR 982.610
- Page 340 and 341: 15-IV.I. OVERVIEWPART IV. SHARED HO
- Page 342 and 343: PART V. COOPERATIVE HOUSING[24 CFR
- Page 344 and 345: Utility AllowanceThe PHA must estab
- Page 346 and 347: The family must meet the Federal mi
- Page 348 and 349: 15-VII.D. ELIGIBLE UNITS [24 CFR 98
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- Page 352 and 353: Provide that the purchaser is not o
- Page 354 and 355: Has an ownership interest in the un
- Page 356 and 357: PHA PolicyThe PHA’s housing assis
- Page 358 and 359: 15-VII.O. MORTGAGE DEFAULT [24 CFR
- Page 360 and 361: PART I: ADMINISTRATIVE FEE RESERVE
- Page 362 and 363: Updating Payment StandardsWhen HUD
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- Page 366 and 367: PART III: INFORMAL REVIEWS AND HEAR
- Page 368 and 369: Informal Review Decision [24 CFR 98
- Page 370 and 371: Informal Hearing ProceduresNotice t
- Page 372 and 373: Pre-Hearing Right to Discovery [24
- Page 374 and 375: Explain the rules of conducting the
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