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

action or failure to act;
The PHA informal hearing procedures.
C. SCREENING AND EVICTION FOR DRUG ABUSE AND OTHER
CRIMINAL ACTIVITY [24 CFR 982.553]
Purpose
All Federally assisted housing is intended to provide a place to live and raise families, not a place
to commit crime, to use or sell drugs or terrorize neighbors. It is the intention of the PHA to fully
endorse and implement a policy designed to:
Help create and maintain a safe and drug-free community.
Keep program participants free from threats to their personal and family safety.
Assist families in their vocational/educational goals in the pursuit of self-sufficiency
when possible.
Administration
All screening and termination of assistance procedures shall be administered fairly and in such a
way as not to violate rights to privacy or discriminate on the basis of race, color, nationality,
religion, familial status, disability, sex or other legally protected groups. The PHA only considers
felony level criminal activity unless otherwise required in the CFR.
To the maximum extent possible, the PHA may involve other community and governmental
entities in the promotion and enforcement of this policy.
Denial of Admission and Termination of Assistance for Criminals and Alcohol
Abusers/Prohibiting Admission of Drug Criminals
The PHA must prohibit admission to the program of an applicant for three years from the date of
eviction if a household member has been evicted from Federally assisted housing for drugrelated
criminal activity. However, the PHA may admit the household if the PHA determines:
That the evicted household member who engaged in drug-related criminal activity has
successfully completed a supervised drug rehabilitation program approved by the PHA; or
That the circumstances leading to eviction no longer exist (for example, the criminal household
member has died or is imprisoned).
The PHA must prohibit admission if the PHA determines that any household member is
currently engaging in illegal use of a drug.
The PHA prohibits admission if the PHA determines that it has reasonable cause to believe that a
household member’s illegal drug use or a pattern of illegal drug use may threaten the health,
safety, or right to peaceful enjoyment of the premises by other residents.
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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