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Following
are some guidelines with regard to acceptable grounds for
denial or termination of assistance. Please note that the
new Conforming Rule Part II eliminates the distinction between
grounds for denial and termination of assistance, and that
your agency may, at any time, deny program assistance for
an applicant or terminate program assistance for a participant
for any of the reasons listed below. At your agency's discretion,
you may enter the name of any tenant in the TenantCheck® system
that meets any of the following criteria:
- If
the family violates any family obligations under the program.
- If
any member of the family has ever been evicted from public
housing.
- If
any housing agency has ever terminated assistance under
the certificate or voucher program for any member of the
family.
- If
any member of the family is engaged in drug-related criminal
activity involving either drug-trafficking or illegal use
or possession of drugs, regardless of whether or not the
family member has been arrested or convicted, if the preponderance
of evidence indicates that a family member is engaged in
drug-related criminal activity. **Note: You may only deny
or terminate assistance for drug use or possession by a
family member if the criminal act occurred in the last year
before your agency gave notice of proposed denial or termination
of assistance for this reason. You may not terminate assistance
for past use of drugs by a rehabilitated user who has not
used drugs in the last year, or an addict who "is recovering,
or has recovered from" an addiction.
- If
any member of the family commits violent criminal activity
including criminal use of physical force against a person
or property.
- If
any member of the family commits violent criminal activity
including criminal use of physical force against a person
or property, regardless of whether the family member has
been arrested or convicted, if the preponderance of evidence
indicates that a family member is engaged in drug-related
criminal activity.
- If
any member of the family commits fraud, bribery or any other
corrupt criminal act in connection with any federal housing
program, whether or not such criminal act occurred while
the family was participating in the tenant-based program.
- If
the family currently owes rent or other amounts to your
housing agency or to another housing agency in connection
with Section 8 or public housing assistance under the 1937
Act.
- If
the family has not reimbursed any housing agency for amounts
paid to an owner under a HAP contract for rent, damages
to the unit, or other amounts owed by the family under the
lease, or if the family breaches an agreement to pay such
amounts. **Note: An amount the family "currently owes"
is not barred by the statute of limitations.
- If
a family participating in the FSS program fails to comply,
without good cause, with the family's FSS contract of participation.
- If
the family has engaged in or threatened abusive or violent
behavior toward agency personnel.
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