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

control, shall not be cause for termination of assistance, if the tenant or an immediate member of
the tenant's family is the victim or threatened victim of that domestic violence, dating violence,
or stalking. [42 U.S.C. §§ 1437f(c) (9) (C) (i) and (d)(1)(B)(iii)(I).]
Notwithstanding this provision, the public housing agency may terminate assistance to any
individual who is a tenant or lawful occupant and who engages in criminal acts of physical
violence against family members or others, without terminating assistance to, or otherwise
penalizing, the victim of such violence who is also a tenant or lawful occupant. [42 U.S.C. §
1437f (d) (1) (B) (iii) (II).]
Nothing in this provision may be construed to limit the authority of the Public Housing Agency
to terminate voucher assistance to individuals who engage in criminal acts of physical violence
against family members or others. [42 U.S.C. § 1437f (o) (20) (D) (i).]
Nothing in this provision may be construed to limit the authority of the Public Housing Agency
to terminate assistance to a tenant if the Public Housing Agency can demonstrate an actual and
imminent threat to other tenants or those employed at or providing service to the property or
public housing agency if that tenant is not evicted or terminated from assistance. [42 U.S.C. §§
1437f(c)(9)(C)(v), (d)(1)(B)(iii)(V), and (o)(20)(D)(iv).]
Where applicable, the owner, manager, or public housing agency may request that an individual
certify via a HUD approved certification form that the individual is a victim of domestic
violence, dating violence, or stalking, and that the incident or incidents in question are bona fide
incidents of such actual or threatened abuse and meet the requirements set forth in this Plan.
Such certification shall include the name of the perpetrator. The individual shall provide such
certification within 14 business days after the owner, manager or public housing agency requests
such certification. [42 U.S.C. § 1437f (ee) (1) (A).]
An individual may satisfy the certification requirement by:
1) providing the requesting owner, manager, or public housing agency with documentation
signed by an employee, agent, or volunteer of a victim service provider, an attorney, or a
medical professional, from whom the victim has sought assistance in addressing domestic
violence, dating violence, sexual assault, or stalking, or the effects of the abuse, in which
the professional attests under penalty of perjury (28 U.S.C. § 1746) to the professional’s
belief that the incident or incidents in question are bona fide incidents of abuse, and the
victim of domestic violence, dating violence, or stalking has signed or attested to the
documentation;
2) producing a Federal, State, tribal, territorial or local police or court record. [42 U.S.C. §
1437f (ee) (1) (C).]
Information for Family
The PHA must give the family a written description of:
Family obligations under the program;
The grounds on which the PHA may deny or terminate assistance because of family
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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