Chapter 1 - San Diego Housing Commission

Chapter 11 – Program Terminations and Program Integrity Unit
[24 CFR Part 982, Subpart B, G, I & K]
Credible evidence may be obtained from police and/or court records. Testimony from neighbors,
when combined with other factual evidence can be considered credible evidence. Other credible
evidence includes documentation of drug raids or arrest warrants.
H. HOUSING COMMISSION POLICY FOR CONSIDERATION OF CIRCUMSTANCES [24 CFR
982.552]
1. Violence Against Women
The SDHC will comply with the Violence Against Women Act (VAWA) as signed in to law on January
5, 2006 that provides protections for those who receive Section 8 Rental Assistance if they become
victims of domestic violence, dating violence and/or stalking.
Protections under VAWA:
Denial of Assistance:
VAWA provides that applicants cannot be denied assistance or admission because they are a victim
of domestic violence, dating violence or stalking provided the applicants are otherwise qualified for
assistance or admission to rental assistance programs.
Termination of Assistance
Criminal activity directly relating to domestic violence, dating violence, or stalking shall not be
considered cause for termination of assistance for any participant or immediate member of a
participant’s family who is the victim of the domestic violence, dating violence, or stalking.
Lease Terms
An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will
not be considered a “serious or repeated” violation of the lease by the victim or threatened victim
of that violence, and shall not be good cause for terminating the assistance, tenancy or occupancy
rights of the victim of that violence.
Removal of Perpetrator
VAWA allows SDHC or an owner of a subsidized property to evict, remove, or terminate assistance
to any individual tenant who engages in criminal acts or physical violence against family members or
others. This may be done without evicting or taking any other action to the other occupants.
There are some limitations to individuals with VAWA protections:
- Assistance and/or tenancy may be terminated if SDHC or the owner/manager can
demonstrate that an assisted tenant posed “an actual or imminent threat” to other tenants
or to persons employed at or providing services at a rental property or unit.
- Assistance and/or tenancy may be terminated for lease violations that are not based on an
incident or incidents of domestic violence, dating violence, or stalking for which VAWA
provides protection.
Verification/Certification
The SDHC shall require verification or certification concerning the incident or incidents where an
individual claims VAWA protections in one of the following three ways:
1) Police report or court order.
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