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Chapter 1 - San Diego Housing Commission

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<strong>Chapter</strong> 11 – Program Terminations and Program Integrity Unit<br />

[24 CFR Part 982, Subpart B, G, I & K]<br />

Applicant or participant families in which all members are neither U.S. citizens nor eligible immigrants<br />

are not eligible for assistance and must have their assistance terminated. SDHC must offer the family an<br />

opportunity for a hearing.<br />

Assistance may not be terminated while verification of the participant family's eligible immigration<br />

status is pending.<br />

J. MISREPRESENTATION IN COLLUSION WITH OWNER [24 CFR 982.551, 982.552 (c)]<br />

If there is a preponderance of evidence that the owner commits fraud or is involved in any other illegal<br />

scheme with the participant, SDHC will deny or terminate assistance.<br />

K. MISSED APPOINTMENTS AND DEADLINES [24 CFR 982.551, 982.552 (c)]<br />

It is a Family Responsibility to supply information, documentation, and certification as needed for SDHC<br />

to fulfill its responsibilities. SDHC schedules appointments and sets deadlines in order to obtain the<br />

required information. A participant who fails to keep an appointment or meet a set deadline without<br />

prior notice or good cause or fails to supply required information may be sent a Notice of Intended<br />

Action.<br />

A Notice of Intended Action may be sent to a participant who fails to keep two (2) scheduled<br />

appointments and/or two (2) scheduled inspections without prior notice or good cause within a oneyear<br />

period.<br />

“Good cause” is defined as an unavoidable conflict that seriously affects the health, safety or welfare of<br />

the family.<br />

A participant who fails to supply information required by a deadline without notifying SDHC may be sent<br />

a Notice of Intended Action.<br />

L. DISAPPROVAL OF OWNER [24 CFR 982.306, 982.54(d)(8)]<br />

For purposes of this section, "owner" includes a principal or other interested party.<br />

SDHC will disapprove the owner for the following reasons:<br />

- HUD has informed SDHC that the owner has been disbarred, suspended, or subject to a limited<br />

denial of participation under 24 CFR part 24.<br />

- HUD has informed SDHC that the federal government has instituted an administrative or judicial<br />

action against the owner for violation of the Fair <strong>Housing</strong> Act or other federal equal opportunity<br />

requirements and such action is pending.<br />

- HUD has informed SDHC that a court or administrative agency has determined that the owner has<br />

violated the Fair <strong>Housing</strong> Act or other federal equal opportunity requirements.<br />

- Unless their lease was effective before June 17, 1998, the owner may not be a parent, child,<br />

grandparent, grandchild, sister or brother of any family member. SDHC may waive this restriction as<br />

a reasonable accommodation for a family member who is a person with a disability (24 CFR 8.3).<br />

SDHC requires all owners and tenants to complete a certification declaring they are not related.<br />

- The owner has violated obligations under a housing assistance payments contract under Section 8 of<br />

the 1937 Act (42 U.S.C. 1437f).<br />

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