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ADMINISTRATIVE PLAN - San Antonio Housing Authority

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3-I.I. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.403]Persons with DisabilitiesUnder the HCV program, special rules apply to persons with disabilities and to any family whosehead, spouse, or cohead is a person with disabilities. The technical definitions of individual withhandicaps and persons with disabilities are provided in Exhibit 3-1 at the end of this chapter.These definitions are used for a number of purposes including ensuring that persons withdisabilities are not discriminated against based upon disability.As discussed in Chapter 2, the PHA must make all aspects of the HCV program accessible topersons with disabilities and consider reasonable accommodations requested based upon aperson’s disability.Disabled FamilyA disabled family is one in which the head, spouse, or cohead is a person with disabilities.Identifying disabled families is important because these families qualify for special deductionsfrom income as described in Chapter 6.Even though persons with drug or alcohol dependencies are considered persons with disabilitiesfor the purpose of non-discrimination, this does not prevent the PHA from denying assistance forreasons related to alcohol and drug abuse following policies found in Part III of this chapter, orfrom terminating assistance following the policies in Chapter 12.3-I.J. GUESTS [24 CFR 5.100]A guest is a person temporarily staying in the unit with the consent of a member of the householdwho has express or implied authority to so consent.PHA PolicyAny adult not included on the HUD 50058 who has been in the unit more than 30consecutive days without PHA approval, or a total of 60 days in a 12-month period, willbe considered to be living in the unit as an unauthorized household member.The burden of proof that the individual is a visitor rests on the family. In the absence ofsuch proof, the individual will be considered an unauthorized member of the householdand the PHA will terminate assistance since prior approval was not requested for theaddition.Minors and college students who were part of the family but who now live away fromhome during the school year and are no longer on the lease may visit for up to 90 days peryear without being considered a member of the household.In a joint custody arrangement, if the minor is in the household less than 183 days peryear, the minor will be considered to be an eligible visitor and not a family member.© Copyright 2008 Nan McKay & Associates, Inc. Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.Page 3-6

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