Chapter 1 - San Diego Housing Commission

Chapter 11 – Program Terminations and Program Integrity Unit
[24 CFR Part 982, Subpart B, G, I & K]
A. INTRODUCTION
The Housing Assistance Payments (HAP) Contract is the contract between the owner and SDHC that
defines the responsibilities of both parties. This Chapter describes the circumstances under which the
contract can be terminated by SDHC and the owner, and the policies and procedures for such
terminations. Also included in this chapter are the criteria for owner disapproval and the various
penalties for owner violations.
SDHC may deny or terminate assistance for a family because of the family's action or failure to act.
SDHC will provide families with a written description of the Family Responsibilities.
SDHC shall give participants an opportunity for administrative reviews and informal hearings for
decisions regarding termination of participation in the Rental Assistance Program in accordance with the
Code of Federal Regulations. Participants include persons assisted under the rental assistance program
who hold a voucher and have been admitted to the program. The family becomes a participant on the
effective date of the first HAP contract.
An Administrative Review or Informal Hearing is not required for any of the following:
- Discretionary administrative determinations by SDHC.
- General policy issues or class grievances.
- A SDHC determination not to grant approval of the tenancy.
- Determination that unit does not comply with HQS.
- Determination that unit is not in accordance with HQS due to family size or composition.
- Expiration of a voucher of an applicant.
B. CONTRACT TERMINATION [24 CFR 982.311]
The term of the HAP Contract is the same as the term of the lease. Upon the issuance of a written 30-
day notice, the Contract between the owner and SDHC may be terminated by SDHC, the owner, or by
the tenant terminating the lease. . In the case of a deceased single member household, the contract will
terminate the last day of the month in which the client passed away.
No future subsidy payments on behalf of the family will be made by SDHC to the owner after the month
in which the Contract is terminated. The owner must reimburse SDHC for any subsidies paid by SDHC
for any period after the contract termination date.
If the family continues to occupy the unit after the Section 8 contract is terminated, the family is
responsible for the total amount of rent due to the owner.
After a contract termination, if the family meets the criteria for a move with continued assistance, the
family may lease-up in another unit. The contract for the new unit may begin during the month in which
the family moved from the old unit.
Family termination of the lease must be in accordance with the terms of the lease.
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