©2017 by DETCOG Regional Housing Authority

Termination of Assistance

TERMINATION OF ASSISTANCE

The Housing Authority will terminate program assistance for any of the following reasons :

A HAP contract terminates automatically when:
 

  • The family moves from the unit;

  • The PHA terminates program assistance for the family; such request must be submitted in writing to the PHA;

  • The owner evicts the family;

  • The family no longer requires assistance. As a family’s income increases, the amount of PHA subsidy goes down. If the amount of HCV assistance provided by the PHA drops to zero and remains at zero for one hundred and eighty (180) consecutive calendar days the family's assistance terminates automatically; or

  • The owner or family terminates the lease.

 
The PHA must make housing assistance payments to the owner as long as the tenant remains a program participant and remains in the unit, even if the owner has started the eviction process.  The PHA must continue to pay the housing assistance payment to the owner until the family moves or the court judgment allows the owner to evict.

 

Termination for Family Action or Failure to Act

  • Any family member fails to sign and submit consent forms required for obtaining information on family status as part of any reexamination conducted by the PHA;

  • Any family member fails to declare citizenship or provide documentation of eligible noncitizen status within the prescribed timeframes and extensions;

  • The family is evicted from housing assisted under the program for a serious or repeated violation of the lease. A family will be considered evicted if the family moves after a legal eviction order has been issued, whether or not physical enforcement of the order was necessary. If a family moves after the owner has given the family a Notice To Vacate for serious or repeated lease violations but before a legal eviction order has been issued, termination of assistance is not mandatory. Serious or repeated violations of the lease include, but are not limited to nonpayment of rent, disturbance of neighbors, destruction of property, or living or housekeeping habits that cause damage to the unit or premises and criminal activity.

  • If any family member has been evicted from federally-assisted housing in the last five (5) years.

  • If any member of the family has been evicted from Federally assisted housing for serious violation of the lease.

  • If the family is evicted from a unit assisted under the HCV program for a serious or repeated violation of the lease. Incidents of actual or threatened violence, dating violence, or stalking may not be construed as serious or repeated violations of the lease by the victim or threatened victim of such violence or stalking.

  • If any member of the family has been previously terminated from the certificate or voucher program.

  • If any PHA has ever terminated assistance under the program for any member of the family.

  • If any family member has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program.

  • A family receives HCV program assistance while residing in a unit owned by a parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has determined (and has notified the owner and the family of such determination) that approving rental of the unit, notwithstanding such relationship, would provide reasonable accommodation for a family member who is a person with disabilities.

  • If the family does not reside in the unit or unit is not the family's only residence.

  • If the family subleases, assigns or transfers the unit.

  • If utilities are disconnected for more than 72 continuous hours.

  • If family owns or has any interest in the unit, (other than in a cooperative and owners of a manufactured home leasing a manufactured home space.)

  • If the family currently owes rent or other amounts to the Housing Authority or to another Housing Authority in connection with Section 8 or public housing assistance under the 1937 Act.

  • If the family has not reimbursed any PHA for amounts the PHA paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease.

  • If the family has breached the terms of a repayment agreement entered into with the PHA.

  • If a family member has engaged in or threatened violent or abusive behavior toward PHA personnel.

  • If (1) a family fails to submit required documentation within the required timeframe concerning any family member’s citizenship or immigration status; (2) a family submits evidence of citizenship and eligible immigration status in a timely manner, but United States Citizenship and Immigration Services (USCIS) primary and secondary verification does not verify eligible immigration status of the family; or (3) a family member, as determined by the PHA, has knowingly permitted another individual who is not eligible for assistance to reside (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 to ineligible noncitizens already in the household where the family’s assistance has been prorated.

  • If the family fails to provide the documentation or certification required for any family member who obtains a social security number, joins the family, or reaches 6 years of age.

  • If any household member has ever been convicted of the manufacture or production of methamphetamine on the premises of federally-assisted housing.

  • If the family is absent from the unit for more than ninety (90) consecutive calendar days, the family’s assistance will be terminated.

  • If any household member is currently engaged in any illegal use of a drug, or has a pattern of illegal drug use that interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.

  • If any household member’s abuse or pattern of abuse of alcohol threatens the health, safety, or right to peaceful enjoyment of the premises by other residents.

  • If any household member has violated the family’s obligation not to engage in any drug-related criminal activity.

  • If any household member has violated the family’s obligation not to engage in violent criminal activity.

  • If the family has failed to comply with any family obligations under the program.

  • The PHA may terminate HAP contracts if the PHA determines, in accordance with HUD requirements, that funding under the consolidated ACC is insufficient to support continued assistance for families in the program. If DETRHA determines there is a shortage of funding, DETRHA will determine if any other actions can be taken to reduce program costs, prior to terminating any HAP contracts. If after implementing all reasonable cost cutting measures there is not enough funding available to provide continued assistance for current participants, DETRHA will terminate HAP contracts as a last resort. Prior to terminating any HAP contracts, DETRHA will inform its local HUD field office. DETRHA will terminate the minimum number needed in order to reduce HAP costs to a level within the PHA’s annual budget authority.

  *Currently engaged in is defined as any use of illegal drugs during the previous six months.

  *DETCOG will consider all credible evidence, including but not limited to, any record of arrests, convictions, or eviction of household members related to the use of illegal drugs or abuse of alcohol.

**For any action or inaction by the tenant that results in overpayment(s) or ineligible payment(s), the total amount of housing assistance payments, including utility allowance payments, will be required to be repaid to the Housing Authority, either in full or through an approved repayment agreement, and may be referred to the HUD Office of Inspector General for investigation and/or criminal prosecution.**

Appealing a PHA Determination

Informal Settlement

DETRHA will offer the applicant or participant the opportunity of an Informal Settlement (mediate complaint). Informal Settlement can be personally presented, either orally or in writing, to the DETRHA office via the Compliance staff so the complaint may be discussed informally and settled before initiation of full informal review procedures.

DETRHA’s objective is to resolve the disputes at the lowest level possible and to make every effort to avoid the most severe remedies. However, if this is not possible, the DETCOG will ensure applicants and participants receive all of the protections and rights afforded by law and regulation.

Informal Review

Informal reviews are provided for program applicants. An applicant is someone who has applied for admission to the program, but is not yet a participant in the program. 


Denial of assistance may include any or all of the following [24 CFR 982.552(a) (2)]:

 

• Denying listing on the PHA waiting list
• Denying or withdrawing a voucher
• Refusing to enter into a HAP contract or approve a lease
• Refusing to process or provide assistance under portability procedures

• A determination to deny admission based on an unfavorable history that may be the result of domestic violence, dating violence, or stalking.

Informal Hearing

The Housing Authority will give the tenant an opportunity for an informal hearing to consider whether the following determinations are in accordance with law, HUD regulations and Housing Authority rules, in the following cases:

  • The family’s annual or adjusted income, and the use of such income to compute the housing assistance payment.

  • The appropriate utility allowance (if any) for tenant-paid utilities from the Housing Authority’s utility allowance schedule.

  • The family unit size under the Housing Authority subsidy standards.

  • Termination of assistance for a participant family because of the family’s action or failure to act.

  • Termination of assistance because the participant family has been absent from the assisted unit for longer than the maximum period permitted under Housing Authority policy and HUD rules.

  • A determination to terminate a family’s Family Self Sufficiency contract, withhold supportive services, or propose forfeiture of the family’s escrow account [24 CFR 984.303(i)]

  • A determination to deny admission based on an unfavorable history that may be the result of domestic violence, dating violence, or stalking.

How to Request an Informal Hearing for Termination Actions

Whenever an informal hearing is applicable, the tenant will be notified by letter. This termination letter will give reasons for the action and a deadline for requesting a hearing. The request must be made in writing to the Housing Authority within 10 business days. If a written request is not received by the deadline, the Housing Authority will terminate the family’s housing assistance.