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

family, owner or other interested party was made aware of program requirements and
prohibitions. The person’s signature on various documents: the voucher, RFTA, lease, HAP
contract, Personal Declaration form, Things You Should Know documents, drug free household
statement, and fraud letter are adequate to establish knowledge of wrong-doing.
The family, owner or other interested party willfully violated the law. Any of the following
circumstances will be considered adequate to demonstrate willful intent:
An admission by the family, owner or other interested party of the misrepresentation.
That the act was done repeatedly.
If a false name, Owner ID or Social Security Number was used.
If there were admissions to others of the illegal action or omission
That the family, owner or other interested party omitted material facts which were
known to him/her (e.g. employment of self or other household members).
That the family, owner or other interested party falsified, forged or altered documents
That the family, owner or other interested party uttered and certified to statements
which were later independently verified to be false.
4) Dispositions of Cases Involving Misrepresentations. In all cases of misrepresentations
involving efforts to recover monies owed, the PHA may pursue, depending upon its
evaluation of the criteria stated above, one or more of the following actions:
a. Criminal Prosecution: If the PHA has established criminal intent, and the case
meets the criteria for prosecution, the PHA may:
i. Refer the case to the local State or District Attorney, notify HUD’s
Inspector General and terminate rental assistance or remove the owner.
b. Administrative Remedies: The PHA may
i. Families: Terminate assistance to the family and demand full restitution of
payment
ii. Permit continued assistance to the family at the correct level and execute a
Repayment Agreement in accordance with the PHA policy.
iii. Owners: Remove the owner from participation in the Housing Choice
Voucher Program and demand full restitution of payment.
iv. Remove the owner from participation in the HCVP and pursue restitution
through litigation.
5) The Case Conference. - When the PHA has established that material misrepresentation(s)
have occurred or wishes to clarify discrepancies, a Case Conference may be scheduled
with the family representative, owner, or others (referred to as “other interested parties”)
and the PHA staff person(s) who is/are most knowledgeable about the circumstances of
the case
The initial conference will take place prior to any proposed action by the PHA. The purpose of
such conference is to review the information and evidence obtained by the PHA with the family,
owner and/or other interested parties, and to provide them with an opportunity to explain any
document findings. Any documents or mitigating circumstances presented will be taken into
consideration by the PHA . The family, owner and/or other interested parties will be given up to
30 days to furnish any mitigating evidence.
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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