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

If the emergency repair item(s) are not corrected in the time period required by the PHA (within
24 hours), and it is an HQS breach which is a family obligation, the PHA will move swiftly to
terminate the assistance to the family.
J. CONSEQUENCES IF OWNER IS RESPONSIBLE (NON-EMERGENCY
ITEMS) [2CFR 982.405, 982.453]
When it has been determined that a unit on the program fails to meet Housing Quality Standards,
and the owner is responsible for completing the necessary repair(s) in the time period specified
by the PHA, and the owner failed to repair after timely notice, the assistance payment to the
owner will be abated. The abatement will proceed if the PHA cannot gain access to the unit.
Abatement
A Notice of Abatement will be sent to the owner, and the abatement will be effective the first
day of the following month until the day the unit passes HQS. If the unit passes re-inspection
before the first of the month at which time abatement would begin, the PHA may reinstate HAP
payments on the day the owner complies and rescind the abatement or cancellation of HAP
contract. The PHA will inspect abated units within 30 days of the previous inspection. A reinspection
date is provided on the abatement letter, however, the PHA may re-inspect earlier
upon owner request.
If the owner makes repairs during the abatement period the unit will again qualify for HAP on
the day the unit passes inspection.
No retroactive payments will be made to the owner for the period of time the rent was abated and
the unit did not comply with HQS.
During abatement the HAP Contract is still in effect. This means that only the HAP is abated.
The family is not responsible for reimbursing the owner for any HAP that is not distributed by
the PHA.
Cancellation of Contract
If the owner is responsible for repairs, and fails to correct all deficiencies cited by the third
inspection, the contract will be cancelled at the end of the month in which the third failure
occurred. Participants whose contracts have been cancelled for reasons beyond the control of the
family will be issued a 120 day voucher from the date the contract cancelled depending on the
date the participant attends the Movers Briefing. If a participant does not attend a movers
briefing timely, the voucher term will commence from the date the contract cancelled. If the
participant does not receive a voucher and/or submit an RFTA before the expiration date of the
voucher, the family will be withdrawn and will not be entitled to an informal hearing.
If repairs are completed before the effective cancelation date, the cancelation may be rescinded
by the PHA if the tenant chooses to remain 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
97 | P a g e