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

J. EVALUATION OF THE FINDINGS
If it is determined that a program violation has occurred, the PHA will review the facts to
determine:
The type of violation (procedural, non-compliance, fraud);
Whether the violation was intentional or unintentional;
What amount of money (if any) is owed by the family, owner or other interested party;
o If the family and/or owner are eligible for continued participation in the HCVP
Program
In deciding whether to take action against a family or owner or both, the PHA will take into
consideration whether the family was in collusion with the owner, or the family was confronted
by the owner after the tenancy had begun and was compelled by the owner to make the payments
to avoid adverse owner action.
K. ACTION PROCEDURES FOR VIOLATIONS WHICH HAVE BEEN
DOCUMENTED
Once a program violation has been documented, the PHA will propose the most appropriate
remedy based upon the type and severity of the violation.
1) Procedural Non-compliance. This category applies when the family or owner fails to
observe a procedure or requirement of the PHA, but does not misrepresent a material fact,
and there are no retroactive assistance payments owed by the family or owner.
Examples of non-compliance violations are:
Failure to appear at a pre-scheduled appointment.
Failure to return verification within the time period specified by the PHA.
2) Procedural Non-compliance - Overpaid Assistance - Applies when the family owes
money to the PHA for failure to report changes that affect the assistance payment.
In all such cases the PHA may send a notice to the family that will include the language
that is set forth in the HCVP Plan (see repayment table):
A description of the non-compliance and the procedure, policy or obligation
which was violated.
The family has the right to request an informal hearing, including their right to
review their file and obtain legal representation at their own expense
3) Intentional Misrepresentations. When a family or owner falsifies, misstates, omits or
otherwise misrepresents a material fact which results (or would have resulted) in an
overpayment of housing assistance by the PHA, the PHA will evaluate whether or not:
The family, owner or other interested party had knowledge that his/her actions
were wrong, and
The family, owner or other interested party willfully violated the program
regulations or the law.
Knowledge that the action or inaction was wrong. This will be evaluated by determining if the
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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