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XV.<br />

CHAPTER 15-DENIAL OR TERMINATION OF ASSISTANCE<br />

A. INTRODUCTION<br />

The PHA may deny assistance for an applicant or terminate assistance for a family because of<br />

the family's action or failure to act. The PHA will provide families with a written description of<br />

the family obligations under the program, the grounds under which the PHA can deny or<br />

terminate assistance, and the PHA's informal hearing procedures. This chapter describes when<br />

the PHA is required to deny or terminate assistance, and the PHA's policies for the denial of a<br />

new commitment of assistance and the grounds for termination of assistance under an<br />

outstanding HAP contract.<br />

A family’s right to an informal hearing prior to termination of assistance, or to afford a family<br />

the opportunity to question other PHA determinations as enumerated in 24 CFR 982.555<br />

“Informal Hearing for Participant”, specifically includes families participating in the Moderate<br />

Rehabilitation Program.<br />

This section does not limit or affect exercise of the PHA rights and remedies against the owner<br />

under the HAP contract, including termination, suspension, or reduction of <strong>Housing</strong> Assistance<br />

Payments, or termination of the HAP contract.<br />

PHA actions must be consistent with fair housing and equal opportunity regulations in 24 CFR<br />

5.105.<br />

B. PHA DENIAL OR TERMINATION OF ASSISTANCE FOR FAMILY [24<br />

CFR 982.552]<br />

A PHA may terminate assistance for a participant under the programs because of the family’s<br />

action or failure to act as described in 24 CFR 982.552 or 24 CFR 982.553. The provisions of<br />

this section do not affect denial or termination of assistance for grounds other than action or<br />

failure to act by the family.<br />

Denial of assistance for an applicant may include any or all of the following:<br />

Denying listing on the PHA waiting list<br />

Denying or withdrawing a voucher<br />

Refusing to enter into a HAP contract or approve a lease<br />

Refusing to process or provide assistance under portability procedures<br />

Termination of assistance for a participant may include any or all of the following:<br />

Refusing to enter into a HAP contract or approve a lease<br />

Terminating <strong>Housing</strong> Assistance Payments under an outstanding HAP contract<br />

Refusing to process or provide assistance under portability procedures<br />

Copyright 2000 by Nan McKay & Associates<br />

To be printed only with permission of Nan McKay & Associates<br />

Unlimited copies may be made for internal use<br />

Approved by <strong>CMHA</strong> Board of Commissioners<br />

October 3, 2012<br />

121 | P a g e

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