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

evidence that the members of the household are not currently engaged in, and have not engaged
in such criminal activity during a reasonable period before the admission decision. “Reasonable
period” is defined as three years however, applicants for Permanent Supportive Housing who
meet HUD’s definition of chronically homeless may be admitted one year after incarceration
and/or release from court ordered supervision (probation).
The PHA would have “sufficient evidence” if the household member submitted a certification
that she or he is not currently engaged in and has not engaged in criminal activity during the
specified period and provided supporting information from such sources as a probation officer, a
landlord, neighbors, social service agency workers and criminal records, which the PHA verified.
For purposes of this section, a household member is “currently engaged in” criminal activity if
the person has engaged in the behavior recently enough to justify a reasonable belief that the
behavior is current.
The PHA prohibits admission to the program if the PHA determines that it has reasonable cause
to believe that a household member’s abuse or pattern of abuse of alcohol may threaten the
health, safety, or right to peaceful enjoyment of the premises by other residents.
If the PHA proposes to deny admission for criminal activity as shown by a criminal record, the
PHA must provide the subject of the record and the applicant with a copy of the criminal record.
The PHA must give the family an opportunity to dispute the accuracy and relevance of that
record, in the informal review process in accordance with Sec. 982.554
H. TENANT SCREENING [24 CFR 982.307)]
The PHA will take into consideration any of the criteria for admission described in the "Denial
or Termination of Assistance" chapter.
The PHA will not screen family behavior or suitability for tenancy. The PHA will not be liable
or responsible to the owner or other persons for the family's behavior or the family's conduct in
tenancy.
The owner is responsible for screening and selection of the family to occupy the owner's unit. At
or before PHA approval of the tenancy, the PHA will inform the owner that screening and
selection for tenancy is the responsibility of the owner. The owner is responsible for screening
families based on their tenancy histories, including such factors as: [24 CFR 982.307(a)(3)]
Payment of rent and utility bills
Caring for a unit and premises
Respecting the rights of other residents to the peaceful enjoyment of their housing
Drug-related criminal activity or other criminal activity that is a threat to the health,
safety or property of others; and
Compliance with other essential conditions of tenancy.
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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