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Part H - Denial or Termination of Assistance by AHFC
- Reasons for Denial or Termination
AHFC has the right to terminate or deny housing assistance payments made on behalf of the participant under the HAP Contract. Reasons for termination or denial of assistance are specified in the Form HUD 52578-B, “Statement of Family Responsibility.” Further reasons for termination of participant assistance include:
- Serious or repeated violations of the lease.
- A Housing Quality Standards (HQS) breach caused by the participant or guest (i.e., damages beyond ordinary wear and tear). If the participant-caused damage is life threatening, the participant shall correct the defect within no more than twenty-four (24) hours. For other participant caused defects, the participant is required to correct the defect within no more than thirty (30) calendar days. Serious or repeated tenant caused damages may result in the termination of the participant’s housing assistance payment.
- Criminal Behavior
The participant, or any guest under the tenant’s control, may not commit any serious or repeated violation of the lease. Examples include, but are not limited to the following:
- Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the premises by other residents,
- Any criminal activity that threatens the health, safety or right of neighbors to the peaceful enjoyment of their residence, including destruction of property
- Any drug-related criminal activity on or near the premises.
- A pattern or history of disturbance of neighbors, or damage to the unit or premises.
- Use, Distribution, or Manufacture of Illegal Drugs
The participant may not engage in drug-related criminal activity, or violent criminal activity (as defined in CFR 24 982.553).
If AHFC seeks to deny or terminate assistance because of illegal use or possession of a controlled substance, such use or possession must have occurred within one year before the date of AHFC determination to deny or terminate assistance.
In determining whether to deny assistance for use or possession of a controlled substance by an applicant, Operator and AHFC shall take into consideration documentation of the following mitigating circumstance.
- They are addicted to a controlled substance, have a record of such an impairment, or are regarded as having such an impairment, and
- Are recovering, or have recovered from such addiction and do not currently use or possess controlled substances Evidence of participation in or successful completion of a treatment program is required as one of the conditions to residing in the unit.
In making its determination as to whether drug-related criminal activity or violent criminal activity occurred, the issue will be whether the preponderance of evidence indicates that a participant has engaged in such activity, regardless of whether the participant member has been arrested or convicted.
- Absences from the Unit
The participant must promptly notify Operator of absence from the unit, subject to their lease or house rules. Please refer to PART J, Section l. The participant must supply any information or certification requested by Operator (on behalf of AHFC) to verify that the participant is occupying or is absent from the unit, including any Operator-requested information or certification on the reasons for an absence.
- AHFC Options for Tenant Violations
Actions taken by AHFC in response to any of the above related tenant responsibilities may include any of the following.
- Refusing to approve a lease or terminating housing assistance payments under an outstanding HAP contract.
- If AHFC initiates an action to terminate the assistance of a participant, the participant will receive written notice of this decision with a brief statement of the reasons for AHFC’s decision. The notice will also state that the participant may request an Informal Hearing to contest the decision and will explain the procedures for obtaining such a Hearing. The written notice will also state the deadline for the participant to request an Informal Hearing.
- Termination of a participant from the Section 8 Program for reasons of income eligibility does not necessarily constitute good cause for an Operator to terminate the tenancy.
- Informal Hearing for Adverse Action by AHFC
An applicant or participant who is denied Section 8 assistance as a result of action taken by AHFC is entitled to an informal hearing. Please refer to Part M.
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