ADMINISTRATIVE PLAN - San Antonio Housing Authority
ADMINISTRATIVE PLAN - San Antonio Housing Authority ADMINISTRATIVE PLAN - San Antonio Housing Authority
Previous Behavior in Assisted Housing [24 CFR 982.552(c)]HUD authorizes the PHA to deny admission based on the family’s previous behavior in assistedhousing:PHA PolicyThe PHA will not deny admission to an otherwise eligible family because the familypreviously failed to meet its obligations under the Family Self-Sufficiency (FSS)program.The PHA will deny assistance to an applicant family if:The family does not provide information that the PHA or HUD determines isnecessary in the administration of the program.The family does not provide complete and true information to the PHA.Any family member has been evicted from federally assisted housing in the lastfive years.Any PHA has ever terminated assistance under the program for any member ofthe family within the last 5 years.Any family member has committed fraud, bribery, or any other corrupt orcriminal act in connection with any federal housing program.The family owes rent or other amounts to any PHA in connection with the HCV,Certificate, Moderate Rehabilitation or public housing programs, unless thefamily repays the full amount of the debt prior to being selected from the waitinglist.If the family has not reimbursed any PHA for amounts the PHA paid to an ownerunder a HAP contract for rent, damages to the unit, or other amounts owed by thefamily under the lease, unless the family repays the full amount of the debt priorto being selected from the waiting list.The family has breached the terms of a repayment agreement entered into with thePHA, unless the family repays the full amount of the debt covered in therepayment agreement prior to being selected from the waiting list.A family member has engaged in or threatened violent or abusive behavior towardPHA personnel.Abusive or violent behavior towards PHA personnel includes verbal aswell as physical abuse or violence. Use of racial epithets, or otherlanguage, written or oral, that is customarily used to intimidate may beconsidered abusive or violent behavior.Threatening refers to oral or written threats or physical gestures thatcommunicate intent to abuse or commit violence.In making its decision to deny assistance, the PHA will consider the factors discussed inSection 3-III.E. Upon consideration of such factors, the PHA may, on a case-by-casebasis, decide not to deny assistance.© Copyright 2008 Nan McKay & Associates, Inc. Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.Page 3-25
3-III.D. SCREENINGScreening for EligibilityPHAs are authorized to obtain criminal conviction records from law enforcement agencies toscreen applicants for admission to the HCV program. This authority assists the PHA incomplying with HUD requirements and PHA policies to deny assistance to applicants who areengaging in or have engaged in certain criminal activities. In order to obtain access to the recordsthe PHA must require every applicant family to submit a consent form signed by each adulthousehold member [24 CFR 5.903].PHA PolicyThe PHA will perform a criminal background check through local law enforcement forevery adult household member.If the results of the criminal background check indicate that there may be past criminalactivity, but the results are inconclusive, the PHA will request a fingerprint card and willrequest information from the National Crime Information center (NCIC).PHAs are required to perform criminal background checks necessary to determine whether anyhousehold member is subject to a lifetime registration requirement under a state sex offenderprogram in the state where the housing is located, as well as in any other state where a householdmember is known to have resided [24 CFR 982.553(a)(2)(i)].If the PHA proposes to deny admission based on a criminal record or on lifetime sex offenderregistration information, the PHA must notify the household of the proposed action and mustprovide the subject of the record and the applicant a copy of the record and an opportunity todispute the accuracy and relevance of the information prior to a denial of admission. [24 CFR5.903(f) and 5.905(d)].Screening for Suitability as a Tenant [24 CFR 982.307]The PHA has no liability or responsibility to the owner for the family’s behavior or suitability fortenancy. The PHA may opt to conduct additional screening to determine whether an applicant islikely to be a suitable tenant.PHA PolicyThe PHA will not conduct additional screening to determine an applicant family’ssuitability for tenancy.The owner is responsible for screening and selection of the family to occupy the owner’s unit.The PHA must inform the owner that screening and selection for tenancy is the responsibility ofthe owner. An owner may consider a family’s history with respect to factors such as: payment ofrent and utilities, caring for a unit and premises, respecting the rights of other residents to thepeaceful enjoyment of their housing, criminal activity that is a threat to the health, safety orproperty of others, and compliance with other essential conditions of tenancy.© Copyright 2008 Nan McKay & Associates, Inc. Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.Page 3-26
- Page 33 and 34: 1-I.E. THE PHA’S COMMITMENT TO ET
- Page 35 and 36: e merged into a single tenant-based
- Page 37 and 38: What does HUD do?HUD has the follow
- Page 39 and 40: 1-II.D. APPLICABLE REGULATIONSAppli
- Page 41 and 42: Occupancy policies, including defin
- Page 43 and 44: Chapter 2FAIR HOUSING AND EQUAL OPP
- Page 45 and 46: The PHA will not use any of these f
- Page 47 and 48: PART II: POLICIES RELATED TO PERSON
- Page 49 and 50: 2-II.C. REQUEST FOR AN ACCOMMODATIO
- Page 51 and 52: Requests for accommodations must be
- Page 53 and 54: The Americans with Disabilities Act
- Page 55 and 56: PART III: IMPROVING ACCESS TO SERVI
- Page 57 and 58: y LEP persons to the PHA’s Housin
- Page 59 and 60: The HUD definition of a person with
- Page 61 and 62: PART I: DEFINITIONS OF FAMILY AND H
- Page 63 and 64: Remaining Member of a Tenant Family
- Page 65 and 66: 3-I.I. PERSONS WITH DISABILITIES AN
- Page 67 and 68: 3-I.L. ABSENT FAMILY MEMBERSIndivid
- Page 69 and 70: Absence of Entire FamilyPHA PolicyT
- Page 71 and 72: 3-I.M. LIVE-IN AIDEThe definition o
- Page 73 and 74: Using Income Limits for Eligibility
- Page 75 and 76: Eligible NoncitizensIn addition to
- Page 77 and 78: 3-II.E. STUDENTS ENROLLED IN INSTIT
- Page 80 and 81: PART III: DENIAL OF ADMISSION3-III.
- Page 82 and 83: If any applicant household member d
- Page 86 and 87: HUD requires the PHA to provide pro
- Page 88 and 89: PHA PolicyAs a condition of receivi
- Page 90 and 91: The term stalking means:- To follow
- Page 92 and 93: or the extension period has elapsed
- Page 94 and 95: Has a physical, mental, or emotiona
- Page 96 and 97: EXHIBIT 3-2: DEFINITION OF INSTITUT
- Page 98 and 99: (ii) In the case of a veterinary sc
- Page 100 and 101: (b) Proprietary institution of high
- Page 102 and 103: 4-I.A. OVERVIEWPART I: THE APPLICAT
- Page 104 and 105: 4-I.D. PLACEMENT ON THE WAITING LIS
- Page 106 and 107: 4-II.C. OPENING AND CLOSING THE WAI
- Page 108 and 109: 4-II.F. UPDATING THE WAITING LIST [
- Page 110 and 111: PART III: SELECTION FOR HCV ASSISTA
- Page 112 and 113: Involuntary Displacement Preference
- Page 114 and 115: 4-III.D. NOTIFICATION OF SELECTIONW
- Page 116 and 117: Chapter 5BRIEFINGS AND VOUCHER ISSU
- Page 118 and 119: Oral Briefing [24 CFR 982.301(a)]Ea
- Page 120 and 121: 5-I.C. FAMILY OBLIGATIONSObligation
- Page 122 and 123: The family must notify the PHA with
- Page 124 and 125: Single person families will be allo
- Page 126 and 127: PHA PolicyVouchers will be issued t
- Page 128 and 129: PHA’s determination not to suspen
- Page 130 and 131: 6-I.A. OVERVIEWPART I: ANNUAL INCOM
- Page 132 and 133: PHA PolicyIf the family includes a
Previous Behavior in Assisted <strong>Housing</strong> [24 CFR 982.552(c)]HUD authorizes the PHA to deny admission based on the family’s previous behavior in assistedhousing:PHA PolicyThe PHA will not deny admission to an otherwise eligible family because the familypreviously failed to meet its obligations under the Family Self-Sufficiency (FSS)program.The PHA will deny assistance to an applicant family if:The family does not provide information that the PHA or HUD determines isnecessary in the administration of the program.The family does not provide complete and true information to the PHA.Any family member has been evicted from federally assisted housing in the lastfive years.Any PHA has ever terminated assistance under the program for any member ofthe family within the last 5 years.Any family member has committed fraud, bribery, or any other corrupt orcriminal act in connection with any federal housing program.The family owes rent or other amounts to any PHA in connection with the HCV,Certificate, Moderate Rehabilitation or public housing programs, unless thefamily repays the full amount of the debt prior to being selected from the waitinglist.If the family has not reimbursed any PHA for amounts the PHA paid to an ownerunder a HAP contract for rent, damages to the unit, or other amounts owed by thefamily under the lease, unless the family repays the full amount of the debt priorto being selected from the waiting list.The family has breached the terms of a repayment agreement entered into with thePHA, unless the family repays the full amount of the debt covered in therepayment agreement prior to being selected from the waiting list.A family member has engaged in or threatened violent or abusive behavior towardPHA personnel.Abusive or violent behavior towards PHA personnel includes verbal aswell as physical abuse or violence. Use of racial epithets, or otherlanguage, written or oral, that is customarily used to intimidate may beconsidered abusive or violent behavior.Threatening refers to oral or written threats or physical gestures thatcommunicate intent to abuse or commit violence.In making its decision to deny assistance, the PHA will consider the factors discussed inSection 3-III.E. Upon consideration of such factors, the PHA may, on a case-by-casebasis, decide not to deny assistance.© Copyright 2008 Nan McKay & Associates, Inc. Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.Page 3-25
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