2013 CMHA HCVP Admin Plan - Cuyahoga Metropolitan Housing ...

More documents

Recommendations

Info

XIV. CHAPTER 14-CONTRACT TERMINATIONS A. INTRODUCTION The Housing Assistance Payments (HAP) contract is the contract between the owner and the PHA which defines the responsibilities of both parties. This chapter describes the circumstances under which the contract can be terminated by the PHA and the owner, and the policies and procedures for such terminations. B. CONTRACT TERMINATION [24 CFR 982.311] The term of the HAP contract is the same as the term of the lease. The contract between the owner and the PHA may be terminated by the PHA, or by the owner or tenant terminating the lease. No future subsidy payments on behalf of the family will be made by the PHA to the owner after the month in which the contract is terminated. The owner must reimburse the PHA for any subsidies paid by the PHA for any period after the contract termination date. If the family continues to occupy the unit after the HCVP contract is terminated, the family is responsible for the total amount of rent due to the owner. After a contract termination, if the family meets the criteria for a move with continued assistance, the family may lease-up in another unit. The contract for the new unit may begin during the month in which the family moved from the old unit. If the family does not take possession of the unit within 5 days of the effective date of the HAP contract, the PHA may terminate the contract. ("Take possession of the unit" is defined as the family receiving the keys to the unit.) The family must notify the PHA in writing that they did not take possession of the subsidized unit in a timely manner (within 14 days of the effective date of the HAP contract). Failure to do so may cause the family to be proposed for termination. C. TERMINATION BY THE FAMILY: MOVES [24 CFR 982.314(c)(2)] Family termination of the lease must be in accordance with the terms of the lease. D. TERMINATION OF TENANCY BY THE OWNER: EVICTIONS If the owner wishes to terminate the lease, the owner must provide proper notice as stated in the lease. During the term of the lease, the owner may not terminate the tenancy except for the grounds stated in HUD regulations. Copyright 2000 by Nan McKay & Associates To be printed only with permission of Nan McKay & Associates Unlimited copies may be made for internal use Approved by CMHA Board of Commissioners October 3, 2012 117 | P a g e
During the term of the lease the owner may only evict for: Serious or repeated violations of the lease, including but not limited to failure to pay rent or other amounts due under the lease. Violations of Federal, State or local laws that impose obligations on the tenant in connection with the occupancy or use of the premises; or criminal activity by the tenant, any member of the household, a guest or another person under the tenant's control that threatens the health, safety or right to peaceful enjoyment of the premises by the other residents, or persons residing in the immediate vicinity of the premises or any drugrelated criminal activity on or near the premises. Other good cause: During the initial term of the lease, the owner may not terminate the tenancy for "other good cause" unless the owner is terminating the tenancy because of something the family did or failed to do (see 24CFR 982.310). The owner must provide the tenant a written notice of termination specifying the grounds for termination of tenancy. The owner must serve this notice during the term of the tenancy, and the tenancy does not terminate before this notice is given. This notice is required in addition to any requirements mandated by State or local law. The owner eviction notice means a notice to vacate, or a complaint, or other initial pleading used under State or local law to commence an eviction action. Housing Assistance Payments are paid to the owner under the terms of the HAP contract. If the owner has begun eviction and the family continues to reside in the unit, the PHA must continue to make Housing Assistance Payments to the owner until the owner has obtained a court judgment or other process allowing the owner to evict the tenant, unless the owner has requested the HAP payments be placed on hold, in which case, the landlord may request payment from the PHA at the conclusion of the court proceeding. The PHA will continue Housing Assistance Payments until the family moves or is evicted from the unit, unless the unit is under abatement or the contract has been canceled. An eviction complaint by the owner that results in a settlement between the owner and tenant, a.k.a. “an agreement between the parties” may result in an issuance of a new voucher by the PHA. If the action is finalized in court, the owner will provide the PHA with the documentation, including notice of the bailiff’s move-out date. The PHA must continue making Housing Assistance Payments to the owner in accordance with the contract as long as the tenant continues to occupy the unit and the contract is not violated. By accepting the monthly payment from the PHA, the owner certifies that the tenant is still in the Copyright 2000 by Nan McKay & Associates To be printed only with permission of Nan McKay & Associates Unlimited copies may be made for internal use Approved by CMHA Board of Commissioners October 3, 2012 118 | P a g e
Page 1 and 2:
CUYAHOGA METROPOLITAN HOUSING AUTHO
Page 3 and 4:
J. INELIGIBLE FAMILIES.............
Page 5 and 6:
E. ASSISTANCE TO FAMILIES WHO CLAIM
Page 7 and 8:
I. MISREPRESENTATION IN COLLUSION W
Page 9 and 10:
Copyright 2000 by Nan McKay & Assoc
Page 11 and 12:
24 CFR Part 5: General Program Requ
Page 13 and 14:
1. Objective I: Outreach to Low-Inc
Page 15 and 16:
Once the person's status as a quali
Page 17 and 18:
4. Utility Allowance Schedule 5. HQ
Page 19 and 20:
and by other suitable means. Notice
Page 21 and 22:
Page 23 and 24:
placement in foster care shall not
Page 25 and 26:
Which of the two new family units h
Page 27 and 28:
considered individually before the
Page 29 and 30:
If the family has engaged in or thr
Page 31 and 32:
evidence that the members of the ho
Page 33 and 34:
Page 35 and 36:
3) The public notice must state any
Page 37 and 38:
information is complete. The interv
Page 39 and 40:
The following are examples of types
Page 41 and 42:
The residency preference is require
Page 43 and 44:
A point system will be used to prio
Page 45 and 46:
Owners of Mod Rehab properties can
Page 47 and 48:
Space may be provided for a child w
Page 49 and 50:
HQS GUIDELINES FOR UNIT SIZE SELECT
Page 51 and 52:
4) Child Care Expenses: Deducted fo
Page 53 and 54:
income. Therefore, for disabled fam
Page 55 and 56:
A student (other than the head of h
Page 57 and 58:
If the absence which resulted in te
Page 59 and 60:
K. REMOVAL OF SPOUSE FROM FAMILY UN
Page 61 and 62:
Nonprescription medicines will be c
Page 63 and 64:
Verification Before Denying a Reque
Page 65 and 66:
Written Third Party Verification (T
Page 67 and 68: The PHA will obtain written verific
Page 69 and 70: 3) Documents such as manifests, app
Page 71 and 72: Acceptable verification may include
Page 73 and 74: Attendant Care: 1) Attendant's writ
Page 75 and 76: Verification of Citizenship/Eligibl
Page 77 and 78: J. CERTIFICATION OF DOMESTIC VIOLEN
Page 79 and 80: 2. Mover Briefings Briefings are co
Page 81 and 82: 20) Agent form. 21) W-9 form for la
Page 83 and 84: new families cannot agree as to whi
Page 85 and 86: In addition to the above, at the ti
Page 87 and 88: domestic violence, dating violence,
Page 89 and 90: name and address of the landlord at
Page 91 and 92: Copyright 2000 by Nan McKay & Assoc
Page 93 and 94: after the family and owner submit a
Page 95 and 96: . Must have a toilet and a fixed wa
Page 97 and 98: Exceptions may be made for multi-fa
Page 99 and 100: K. DETERMINATION OF RESPONSIBILITY
Page 101 and 102: The PHA will not approve a lease un
Page 103 and 104: Housing Assistance Payments, termin
Page 105 and 106: easonable accommodation for a perso
Page 107 and 108: If the review indicates there is an
Page 109 and 110: G. NOTIFICATION OF RESULTS OF RECER
Page 113 and 114: D. PROCEDURE FOR MOVES [24 CFR 982.
Page 115 and 116: If the family leases up successfull
Page 117: Copyright 2000 by Nan McKay & Assoc
Page 121 and 122: actual or threatened domestic viole
Page 123 and 124: Requirement to Deny Admission or Te
Page 125 and 126: control, shall not be cause for ter
Page 127 and 128: The PHA prohibits admission if any
Page 129 and 130: PHA must provide the subject of the
Page 131 and 132: accomplished. D. FAMILY OBLIGATIONS
Page 133 and 134: Lease Violations The following crit
Page 135 and 136: G. ZERO ($0) ASSISTANCE TENANCIES T
Page 139 and 140: HCVP assistance or leased under any
Page 143 and 144: the HAP contract. Separate agreemen
Page 147 and 148: If the family requests a move to an
Page 149 and 150: The family is given the opportunity
Page 151 and 152: Determination that a unit is not in
Page 153 and 154: When the PHA receives a request for
Page 155 and 156: Within 15 days, the PHA shall send
Page 159 and 160: C. CONGREGATE/SHARED HOUSING Descri
Page 161 and 162: “Qualifying families” means eld
Page 163 and 164: ecomes aware the unit is vacant) S
Page 165 and 166: Administrative Plan. Families must
Page 167 and 168: o The unit meets HUD Housing Qualit
Page 169 and 170:
The family must comply with the fol
Page 171 and 172:
the PHA determines that it does not
Page 173 and 174:
3) CMHA will retain all records lon
Page 175 and 176:
ecords, the intended date of the di
Page 177 and 178:
08-25 Rent Increase Determination 0
Page 179 and 180:
08-60 Damage Claim 08-61 Quarterly
Page 181 and 182:
08-103 Applicant Files- Denied Reta
Page 183 and 184:
XXII. PROGRAM INTEGRITY A. INTRODUC
Page 185 and 186:
E. THE PHA'S HANDLING OF ALLEGATION
Page 187 and 188:
J. EVALUATION OF THE FINDINGS If it
Page 189 and 190:
A secondary purpose of the Case Con
Page 191 and 192:
XXIII. GLOSSARY A. ACRONYMS USED IN
Page 193 and 194:
TR TTP UA UIV URP Tenant Rent Total
Page 195 and 196:
COMMON SPACE. In shared housing: Sp
Page 197 and 198:
ELDERLY HOUSEHOLD. A family whose h
Page 199 and 200:
FMR/EXCEPTION RENT. The fair market
Page 201 and 202:
IMPUTED WELFARE INCOME. An amount o
Page 203 and 204:
MINOR. A member of the family house
Page 205 and 206:
PUBLIC HOUSING AGENCY (PHA). PHA in
Page 207 and 208:
another person; and in the course o
Page 209 and 210:
soon as s/he learns of the vacancy,
Page 211:
SECTION 214. Section 214 restricts
show all

2013 CMHA HCVP Admin Plan - Cuyahoga Metropolitan Housing ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?