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

K. DETERMINATION OF RESPONSIBILITY [24 CFR 982.404,
982.54(d)(14)]
Certain HQS deficiencies are considered the responsibility of the family:
Tenant-paid utilities not in service
Access to the unit (this is a family obligation)
Failure to provide or maintain family-supplied appliances
Damage to the unit or premises caused by a household member or guest beyond normal
wear and tear
Failure to contain pets during in-home appointments. If not contained, the appointment
may be cancelled. Two cancellations could result in termination of assistance.
The owner is responsible for all other HQS violations. To avoid abatements resulting from the
PHA being unable to access the unit to confirm that repairs were made, the owner may wish to
be present for re-inspections.
The owner is responsible for vermin infestation unless the tenant intentionally or negligently
caused it. In such cases, and if such infestation is serious and repeated, it may be considered a
lease violation and the owner may be permitted to evict for serious or repeated violation of the
lease. The PHA may terminate the family’s assistance on that basis.
The inspector will make a determination of owner or family responsibility during the inspection.
The owner or family may appeal the inspector’s decision within 10 days of the inspection. Both
parties will receive notification of the right to appeal the inspector’s decision as part of the initial
notification of fail items letter. The HQS Manager or designee will review the appeal and make
a determination. If either the family or owner makes a timely request for a review of the
inspector’s decision, CMHA shall afford the other party a reasonable opportunity to present
arguments in favor of the inspector’s decision, during CMHA’s review of the decision.
If neither the owner nor the family requests a review of the inspector’s decision within 10 days
of the inspection, the inspector’s decision in this matter shall be CMHA’s final decision.
L. CONSEQUENCES IF FAMILY IS RESPONSIBLE [24 CFR 982.404(b)]
If emergency or non-emergency violations of HQS are determined to be the responsibility of the
family, the PHA will require the family to make any repair(s) or correction(s) within 24 hours or
30 days.
If the repair(s) or correction(s) are not made in this time period, respectively, the PHA will
terminate assistance to the family, after providing an opportunity for an informal hearing.
Extensions in these cases may be approved by the Manager or designee. The owner's rent will
not be abated for items which are the family's responsibility.
If the tenant is responsible and corrections are not made, the HAP contract will cancel when
assistance is terminated.
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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