Chapter 1 - San Diego Housing Commission

Chapter 11 – Program Terminations and Program Integrity Unit
[24 CFR Part 982, Subpart B, G, I & K]
“Engaged in or engaging in” violent criminal activity means any act by applicants, participants,
household members, or guests which involved criminal activity that has as one of its elements the
use, attempted use, or threatened use of physical force substantial enough to cause, or be
reasonably likely to cause, serious bodily injury or property damage, including lewd and lascivious
acts with a minor, which did or did not result in the arrest and/or conviction of the applicant,
participant, household members, or guests.
The existence of the above-referenced behavior by any household member or guest, regardless of
the applicant or participant’s knowledge of the behavior shall be grounds for denial or termination
of assistance.
If an applicant, a member of an applicant or participant household or an addition to the participant’s
household, including a live-in aide, has been arrested, convicted or otherwise been determined to
have engaged in illegal drug-related or violent criminal activity within the prior five years, admission
or continued participation may be denied. In cases where a family member recently has been
released from incarceration for drug-related activity or violent criminal activity and it has been more
than five years since the activity occurred, SDHC and the family will execute a stipulated agreement
that should engagement in such activity by any household member occur SDHC will issue a Notice of
Intended Action to terminate assistance.
3. Address Match Program (AMP)
SDHC has formed an ongoing relationship with the San Diego Police Department to identify possible
drug or criminal activities committed by residents of assisted housing units or in assisted housing
units using the Address Match Program reports.
AMP reports will be reviewed to determine if a person suspected of drug or violent criminal activity
is a participant or guest of assisted housing. If the person named in the AMP report is a participant,
guest, or unauthorized household member, a Notice of Intended Action may be issued to terminate
housing assistance.
G. NOTICE OF TERMINATION OF ASSISTANCE
When SDHC decides to terminate assistance, the family will receive a written Notice of Intended Action
to terminate assistance, which states:
- The reason(s) for the proposed termination.
- The effective date of the proposed termination.
- The family's right, if they disagree, to request an Informal Hearing held before termination of
assistance.
- The date by which a request for an informal hearing must be received by SDHC.
1. Required Evidence
Preponderance of evidence is defined as evidence which is of greater weight or more convincing
than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that
the fact sought to be proved is more probable than not. The intent is not to prove criminal liability,
but to establish that the act(s) occurred. Preponderance of evidence may not be determined by the
number of witnesses, but by the greater weight of all evidence.
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