Denials & Terminations

Denials and Terminations 

The PHA will not always be able to approve every request that comes in for a variety of reasons.  It is important for the well-being of your family that you wait until you receive confirmation from the housing authority that your request is approved prior to taking action. Denial of assistance for an applicant may include any or all of the following:  

• Denying listing on the waiting list 
• Denying or withdrawing a voucher  
• Refusing to enter into a HAP contract 
• Refusing to process or provide assistance under portability procedures 

To preserve the integrity of the Housing Choice Voucher Program, it is important that families abide by their family obligations and lease agreements. Failure to do could result in termination of assistance as described in this section. Termination of assistance for a participant may include any or all of the following: 

• Refusing to enter into a HAP contract or approve a lease 
• Terminating housing assistance payments under an outstanding HAP contract 
• Refusing to process or provide assistance under portability procedures. 

The agency will deny assistance and/or terminate assistance in the following cases:  

EVICTION FOR CRIMINAL ACTIVITY 

Persons evicted from public housing, Indian housing, or any federally subsidized housing programs because of drug related criminal activity are ineligible for admission to the HCV program for a period of five (5) years and one (1) day from the date of such eviction. 

If a family is evicted from public housing, Indian housing, or any federally subsidized housing programs because of drug related criminal activity, the family will be terminated. 

The PHA may waive this requirement if the applicant demonstrates, to the PHA’s satisfaction, the successful completion of an approved rehabilitation program, or the circumstances leading to the eviction no longer exist.  

ILLEGAL DRUGS & ALCOHOL ABUSE, AND DRUG-RELATED CRIMINAL ACTIVITY 

Drug-related criminal activity, is defined by HUD as the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug. 

If the PHA determines that any household member is currently engaged in the use of illegal drugs, or has been in the previous twelve (12) months, the family will be denied assistance and/or terminated.  

If the PHA has reasonable cause to believe that any household member’s current abuse or pattern of abuse of illegal drugs, or alcohol, may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents, the family may be denied and/or terminated. 

If any household member has been arrested or convicted for drug-related criminal activity within the past five (5) years, the family will be denied assistance and/or terminated.  

If any household member is on probation, paroled, or been released from a facility for drug related criminal activity within the past five (5) years, the family will be denied assistance and/or terminated.  

VIOLENT CRIMINAL ACTIVITY 

Violent criminal activity, is defined by HUD as any criminal activity where one of its elements is the use, attempted use, or threatened use of physical force substantial enough to cause serious bodily injury or property damage. 

If any household member has engaged in, been arrested, or been convicted for violent criminal activity within the past five (5) years, the family will be denied assistance and/or terminated.  

If any household member is on probation, paroled, or released from a facility for violent criminal activity within the past five (5) years, the family will be denied assistance and/or terminated.  

If any household member is on probation, paroled, or released from a facility for violent criminal activity within the past five (5) years, the family will be denied assistance and/or terminated. 

FIREARMS AND ASSAULT WEAPONS 

If any household member has engaged in, been arrested, or been convicted for the Illegal possession or illegal use of a firearm or aggravated assault with a weapon in violation of federal, state or local criminal or civil laws within the past five (5) years, the family will be denied assistance and/or terminated.  

If any household member is on probation or paroled or has been released from a facility for the illegal possession or illegal use of a firearm or aggravated assault with weapon within the past five (5) years, the family will be denied assistance and/or terminated.  

CRIMINAL SEXUAL CONDUCT  

If any household member is subject to any registration requirement under a state sex offender registration program, the family will be denied assistance and/or terminated. 

The family will be denied assistance and/or terminated if any household member has ever been convicted of any criminal activity that includes but is not limited to:  

• sexual assault 
• incest 
• open and gross lewdness 
• child abuse and/or child molestation 

ARSON 

If any household member has engaged in, been arrested, or been convicted of arson within the past five (5) years, the family will be denied assistance and/or terminated.  

If any household member is on probation, paroled, or has been released from a facility for arson within the past five (5) years, the family will be denied assistance and/or terminated.  

FELONIOUS CRIMINAL ACTIVITY 

If any household member has ever been convicted of any activity that is classified as a felony under federal, state, and/or local laws, the family will be denied assistance and/or terminated. 

If any household member is a fugitive felon, parole violator, person fleeing to avoid prosecution, custody, or confinement after conviction for a crime, or the attempt to commit a crime, that is a felony under federal, state, and/or local laws, the family will be denied assistance and/or terminated. 

FRAUD 

An applicant will be denied assistance and/or terminated following a record of arrest or conviction that indicates that the applicant may be a threat and/or negative influence on other residents based on fraudulent activity on a criminal background record. This includes if family member has committed fraud, bribery, perjury, embezzlement or any other corrupt or criminal act in connection with any federal housing program.  

OTHER CRIMINAL ACTIVITY 

If any household member has been arrested or convicted for criminal activity including but not limited to stalking and larceny within the past five (5) years that may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity, property owners and management staff, and persons performing contract administration functions or other responsibilities on behalf of the PHA,  the family will be denied assistance and/or terminated for the following. 

OTHER ACTIVITY 

The Department will also deny and/or terminate assistance in the following cases:  

•  If the family fails to act by not providing information required within the time frame specified in the letters or notices sent to the participant. 
• Failure to attend any and all required appointments or interviews set by the PHA.  
• If any family member fails to declare citizenship or provide documentation of eligible noncitizen status within the prescribed timeframes and extensions, the family will be denied assistance and/or terminated.  
• If any member of the applicant family owes rents, other amounts, or judgments to any other federally subsidized housing program, the family will be denied assistance, unless the family is current on an approved repayment agreement. If the family is in breach of a repayment agreement with the PHA, the family will be denied assistance and/or terminated. 
• If the sole family member of the assisted family is deceased, the Department will terminate assistance. In the case that the head of household is deceased and there are other “remaining members of the assisted family”, the assistance will follow the members according to the policies outlined in the PHA’s administrative plan.  
• If a family is evicted from a unit assisted under the HCV program for a serious or repeated violation of the lease, the family will be terminated. Serious and repeated lease violations include, but are not limited to: nonpayment of rent, disturbance of neighbors, destruction of property, living or housekeeping habits that cause damage to the unit or premises, and criminal activity.  
• The PHA will deny and/or terminate assistance if any member of the applicant family fails to sign and submit the consent forms for obtaining information. 
• The PHA will deny and/or terminate assistance if any member of the applicant family ever vacated a unit in violation of the program requirements or was previously involuntarily terminated from the HCV Program. 
• If a participant decides to voluntarily withdraw from the program, the PHA will terminate assistance. 
• If an HQS inspector is unable to gain entry for a scheduled inspection and the family fails to reschedule the inspection, the PHA will schedule one more inspection. If the family does not permit entry for two inspections, the family will be considered in violation of the terms of their housing voucher and rental assistance may be terminated. 
• The PHA will terminate assistance at the time it is discovered that the family or owner has failed to report a familial relationship that exists between owner and family.  
• The PHA will deny and/or terminate assistance if any member of the household threatens a PHA employee, contractor, or agent. Threatening refers to any oral or written threats or physical gestures that communicate intent to abuse or commit violence. 
• The PHA will deny assistance and/or terminate a family if any member of the household uses abusive/violent behavior or obscene language towards an employee, contractor, or agent. Abusive or violent behavior towards PHA personnel includes verbal as well as physical abuse or violence. Use of racial epithets, or other language, written or oral, that is customarily used to intimidate may be considered abusive or violent behavior. 

As a condition of receiving assistance, a family may agree to remove the responsible family member from the household. In such instances, the head of household must certify that the family member will not be permitted to visit or to stay as a guest in the assisted unit, and present evidence of the former family member’s current address. The PHA may inspect or evaluate the family composition, from time to time and as needed, in order to maintain the integrity of the HCV Program.