(a) The eviction
board shall determine whether or not the violation of the rental agreement
constitutes a curable or non-curable violation. A violation is curable if the
violation for which the tenant is being referred is a first offense and is not
defined as a non-curable violation.
(b) Non-curable violations include:
(1) Any violations that threaten the health
or safety of the other residents or the authority's employees or
representatives;
(2) Any
drug-related criminal activity or violent criminal activity;
(3) Any criminal activity that threatens the
health, safety, or right to peaceful enjoyment of the other residents or the
authority's employees or representatives;
(4) Where the tenant has received notice from
the United States Department of Housing and Urban Development that the tenant
is no longer eligible to remain in the unit;
(5) Where any member of the family has been
convicted of a felony during the term of the tenancy, and the felony is related
to the authority's property or funds, the resident association or tenant
association's property or funds, homicide, assault, terroristic threatening,
firearms, dangerous weapons, kidnapping, sexual assault, extortion, burglary,
unauthorized control of propelled vehicle, and criminal property damage;
and
(6) Where
24 C.F.R.
§966.4 as it existed on March 28, 2013
requires termination of the rental agreement and eviction.
(c) Where, after considering the
circumstances of the case, the eviction board finds the violation is curable,
the eviction board may issue a decision and order which stays the issuance of a
writ of possession on the condition that the tenant and if applicable,
member(s) of tenant's family, comply with certain conditions related to
occupancy for a period of time as established by the eviction board.
(d) In the event that the eviction board
stays the issuance of the writ of possession subject to conditions as described
in subsection (c), and the tenant or if applicable, family member(s), violate
any term or condition imposed by the eviction board in its decision and order,
the eviction board shall issue the writ of possession and the tenant shall be
evicted forthwith provided that:
(1) The
authority sends a written notice to the tenant stating:
(i) The grounds for requesting the issuance
of a writ of possession;
(ii) The
condition of the eviction board's decision and order violated by tenant or if
applicable, family member;
(iii)The
tenant is not entitled to a grievance hearing; and
(iv) The date the hearing is scheduled before
the eviction board to determine whether the tenant violated the board's
decision and order; and
(2) At the hearing, the eviction board
determines that its decision and order was violated. If the tenant fails to
appear at the hearing, the tenant shall be in default and the eviction board
shall issue the writ of possession forthwith and the tenant shall be
evicted.
