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

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The PHA will consider the use of a controlled substance or alcohol to be a pattern if there is more than one incident during the previous 12 months. Engaged or engaging in violent criminal activity means any act within the past 3 years by applicants or participants, household members, or guests which involved felony level criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person of another. However, applicants for Permanent Supportive Housing, who meet HUD’s definition of chronically homeless, may be admitted one year after incarceration and/or court ordered supervision. Notice of Termination of Assistance In any case where the PHA decides to terminate assistance to the family, the PHA must give the family written notice which states: The reason(s) for the proposed termination; The effective date of the proposed termination; The family's right, if they disagree, to request an informal hearing to be held before termination of assistance; The date by which a request for an informal hearing must be received by the PHA (within 15 days of the date of the notice). The PHA will simultaneously provide written notice of the contract termination to the owner so that it will coincide with the Termination of Assistance. The Notice to the owner will not include any details regarding the reason for termination of assistance. Required Evidence Preponderance of evidence is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. The intent is not to prove criminal liability, but to establish that the act(s) occurred. Preponderance of evidence may not be determined by the number of witnesses, but by the greater weight of all evidence. Credible evidence may be obtained from police and/or court records. Testimony from neighbors, when combined with other factual evidence can be considered credible evidence. Other credible evidence includes, but is not limited to documentation of drug raids or arrest warrants. The PHA will pursue fact-finding efforts as needed to obtain credible evidence. The PHA may terminate assistance for criminal activity by a household member under this section if the household member has engaged in the criminal activity, regardless of whether the household member has been arrested or convicted for such activity. Confidentiality of Criminal Records The PHA will ensure that any criminal record received is maintained confidentially, not misused or improperly disseminated, and destroyed once the purpose for which it was requested is 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 129 | P a g e
accomplished. D. FAMILY OBLIGATIONS [24 CFR 982.551] The family must supply any information that the PHA or HUD determines is necessary in the administration of the program, including submission of required evidence of citizenship or eligible immigration status (as provided by 24 CFR part 5). "Information" includes any requested certification, release or other documentation. The family must supply any information requested by the PHA or HUD for use in a regularly scheduled reexamination or interim reexamination of family income and composition in accordance with HUD requirements. The family must disclose and verify Social Security Numbers as provided by 24 CFR part 5, subpart B and must sign and submit consent forms for obtaining information in accordance with 24 CFR part 5, subpart B. All information supplied by the family must be true and complete. The family is responsible for an HQS breach caused by the family as described in 982.404(b). The family must allow the PHA to inspect the unit at reasonable times and after reasonable notice. The family may not commit any serious or repeated violations of the lease. The family must notify the PHA and the owner before the family moves out of the unit, or terminates the lease upon notice to the owner. The family must promptly give the PHA a copy of any owner eviction notice. The family must use the assisted unit for residence by the family. The unit must be the family's only residence. The composition of the assisted family residing in the unit must be approved by the PHA. The family must promptly inform the PHA of the birth, marriage, adoption or court-awarded custody of a child. The family must request PHA approval to add any other family member as an occupant of the unit. No other person (i.e., nobody but members of the assisted family) may reside in the unit (except for a foster child or live-in aide as provided in paragraph (h) (4) of this section). The family must promptly notify the PHA if any family member no longer resides in the unit. If the PHA has given approval, a foster child or a live-in aide may reside in the unit. 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 130 | P a g e
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CUYAHOGA METROPOLITAN HOUSING AUTHO
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J. INELIGIBLE FAMILIES.............
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E. ASSISTANCE TO FAMILIES WHO CLAIM
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I. MISREPRESENTATION IN COLLUSION W
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Copyright 2000 by Nan McKay & Assoc
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24 CFR Part 5: General Program Requ
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1. Objective I: Outreach to Low-Inc
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Once the person's status as a quali
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4. Utility Allowance Schedule 5. HQ
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and by other suitable means. Notice
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placement in foster care shall not
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Which of the two new family units h
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considered individually before the
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If the family has engaged in or thr
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evidence that the members of the ho
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3) The public notice must state any
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information is complete. The interv
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The following are examples of types
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The residency preference is require
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A point system will be used to prio
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Owners of Mod Rehab properties can
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Space may be provided for a child w
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HQS GUIDELINES FOR UNIT SIZE SELECT
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4) Child Care Expenses: Deducted fo
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income. Therefore, for disabled fam
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A student (other than the head of h
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If the absence which resulted in te
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K. REMOVAL OF SPOUSE FROM FAMILY UN
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Nonprescription medicines will be c
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Verification Before Denying a Reque
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Written Third Party Verification (T
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The PHA will obtain written verific
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3) Documents such as manifests, app
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Acceptable verification may include
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Attendant Care: 1) Attendant's writ
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Verification of Citizenship/Eligibl
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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 119 and 120: During the term of the lease the ow
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: PHA must provide the subject of the
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
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08-103 Applicant Files- Denied Reta
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XXII. PROGRAM INTEGRITY A. INTRODUC
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E. THE PHA'S HANDLING OF ALLEGATION
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J. EVALUATION OF THE FINDINGS If it
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A secondary purpose of the Case Con
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XXIII. GLOSSARY A. ACRONYMS USED IN
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TR TTP UA UIV URP Tenant Rent Total
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COMMON SPACE. In shared housing: Sp
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ELDERLY HOUSEHOLD. A family whose h
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FMR/EXCEPTION RENT. The fair market
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IMPUTED WELFARE INCOME. An amount o
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MINOR. A member of the family house
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PUBLIC HOUSING AGENCY (PHA). PHA in
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another person; and in the course o
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soon as s/he learns of the vacancy,
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SECTION 214. Section 214 restricts
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2013 CMHA HCVP Admin Plan - Cuyahoga Metropolitan Housing ...

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