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

actual or threatened domestic violence, dating violence or stalking will not be construed as a
serious or repeated violation of the lease by the victim or threatened victim of that violence and
will not be good cause for terminating the tenancy or occupancy rights of the victim of such
violence. [42 U.S.C. §§ 1437f (d) (B) (ii) and (o) (7) (C).]
Notwithstanding this provision, an owner or manager may bifurcate a lease in order to evict or
remove any individual who is a tenant or lawful occupant and who engages in criminal acts of
physical violence against family members or others, without evicting, removing or otherwise
penalizing the victim of such violence who is also a tenant or lawful occupant. [42 U.S.C. §§
1437f(c)(9)(c)(ii), (d)(B), (d)(B)(iii)(II), and (o)(7)(D)(ii).]
Exclusion of Culpable Household Member
The owner may require a tenant to exclude a household member in order to continue to reside in
the assisted unit.
Consideration of Rehabilitation
When determining whether to terminate the tenancy for illegal drug use or alcohol abuse, the
owner may consider whether the member:
Is no longer participating
Has successfully completed a supervised drug or alcohol rehab program
Has otherwise been successfully rehabilitated
The owner may require the tenant to submit evidence of any of the three (above).
Actions of termination by the owner must be consistent with the fair housing and equal
opportunities regulations as stated in 24 CFR 5.105.
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
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