(a) The authority
shall terminate a family's participation in the program when:
(1) The family has been evicted from housing
assistance under the program for serious violation of the lease;
(2) Any member of the family fails to sign
and submit consent forms for obtaining information in accordance with the
program; or
(3) The family does not
submit required evidence of citizenship or eligible immigration
status.
(4) Any family member fails
to meet the eligibility requirements concerning individuals enrolled at an
institution of higher education as specified in
24 C.F.R.
5.612, as it existed on October 20,
2022.
(b) The authority
may terminate a family's participation in the program when:
(1) The family fails to fulfill their
obligations under the program;
(2)
Any member of the family has committed fraud, bribery, or any other corrupt or
criminal act in connection with any federal housing program;
(3) The family is under contract and one
hundred and eighty days have elapsed since the last housing assistance payment
was made due to housing assistance payment being zero dollars, or other
participant related reason;
(4) The
family has not reimbursed any public housing agency for amounts paid to an
owner under a HAP contract on behalf of the family for rent, damages to the
dwelling unit, or other amounts owed by the family under the lease;
(5) The family breaches an agreement with the
authority to pay amounts owed to the authority, or amounts paid to an owner by
the authority;
(6) Any member of
the family has engaged in or threatened abusive or violent behavior toward the
authority's personnel. Threatened means an oral or written threat or physical
gestures that communicate an intent to abuse or commit violence. Abusive or
violent behavior may be verbal or physical and include use of expletives that
are generally considered insulting, racial epithets, or other language, written
or oral, that is customarily used to insult or intimidate;
(7) Any member of the family has engaged in
any drug-related criminal activity or violent criminal activity. For the
purpose of this subsection, "violent criminal activity" means any illegal
criminal activity that has as one of its elements the use, attempted use, or
threatened use of physical force against the person or property of
another;
(8) Any member of the
family is illegally using a controlled substance or whose illegal use or
pattern of abuse of a controlled substance, or whose abuse of alcohol or
pattern of abuse of alcohol is determined by the authority to interfere with
the health, safety, or right to peaceful enjoyment of a rental premises by
other residents. In determining whether to terminate assistance based on a
pattern of illegal use of a controlled substance or a pattern of abuse of
alcohol by a household member, the authority may consider rehabilitation as
provided for under 42 U.S.C.
§
13661(b)(2)(A)-(C),
as it existed on October 20, 2022, which is incorporated by reference and
attached as exhibit G;
(9) A family
participating in the family self-sufficiency program fails to comply, without
good cause, with the family's family self-sufficiency contract of
participation; or
(10)
Welfare-to-work family fails, willfully and persistently, to fulfill its
obligations under the welfare-to-work voucher program.
(c) The authority may implement a lottery
system to terminate a family's participation in the program if the authority
must terminate housing assistance payment contracts due to insufficient funds.
Families will be randomly chosen to be terminated from the housing choice
voucher program. Individuals who are elderly, disabled, victims of domestic
violence, or VASH participants shall be excluded from the lottery.
(d) A participant found to be ineligible for
continued participation in the program shall be notified in writing by the
authority and be accorded an opportunity to request an informal hearing as set
forth in these rules. Such notice shall state the reasons for the authority's
determination and that the participant has the opportunity to request an
informal hearing.
