What Are Grounds For Termination?
Housing Authority of Thurston County may terminate your assistance when your income increases to the point that the assistance is not needed. It may also be terminated because you have not fulfilled program obligations. Housing Authority of Thurston County Authority will terminate your assistance if:
The participant no longer requires the assistance, as their income levels have increased to the point where the agency is no longer paying assistance on their behalf, for a maximum of 6 months.
The Household voluntarily terminates from the voucher program.
The Housing Authority must terminate the household is they are evicted from an assisted with the Voucher program, if they are evicted for a serious or repeated lease violation.
The Housing Authority must terminate program assistance if any household member refuses to sign and submit any consent form needed for annual or interim recertification.
The Housing Authority must terminate if any household member failure disclose and document assigned social security numbers
The Housing Authority must terminate if any household member fails to submit documentation or verification of social security who joins the household or is over the age of six.
The Housing Authority must terminate if any household member has ever been convicted of the manufacture or production of methamphetamine on the premises of federally-assisted housing.
The Housing Authority must immediately terminate any household member who has been found to be subject to a life time registration requirement as a sex offender.
The Housing Authority must terminate if a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not married, does not have dependent children, and is not residing with his/her parents in an HCV assisted household, the PHA must terminate the student’s assistance if, at the time of reexamination, either the student’s income or the income of the student’s parents (if applicable) exceeds the applicable income limit.
The Housing Authority must immediately terminate program assistance for deceased single member households.
The Housing Authority will terminate if any household member is currently engaged in any illegal use of a drug including medical marijuana (HUD Memorandum, February 10, 2011, Medical Marijuana Use in Public and Housing Choice Voucher Programs), or has a pattern of illegal drug use that interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents
The Housing Authority will terminate if any household member’s abuse or pattern of abuse of alcohol may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents
The Housing Authority will terminate if any household member has violated the family’s obligation not to engage in any drug-related criminal activity
The Housing Authority will terminate if any household member has violated the family’s obligation not to engage in violent criminal activity
The Housing Authority will terminate if any household member is currently engaged in any illegal use of a drug including medical marijuana (HUD Memorandum, February 10, 2011, Medical Marijuana Use in Public and Housing Choice Voucher Programs), or has a pattern of illegal drug use that interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents
The Housing Authority will terminate if any household member’s abuse or pattern of abuse of alcohol may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents
The Housing Authority will terminate if any household member has violated the family’s obligation not to engage in any drug-related criminal activity
The Housing Authority will terminate if any household member has violated the family’s obligation not to engage in violent criminal activity
The Housing Authority will terminate if any family member has been evicted from federally-assisted housing in the last five years.
The Housing Authority will terminate if any PHA has ever terminated assistance under the program for any member of the family.
The Housing Authority will terminate if any family member has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program.
The Housing Authority will terminate if the family currently owes rent or other amounts to any PHA in connection with Section 8 or public housing assistance under the 1937 Act.
The Housing Authority will terminate if the family has not reimbursed any PHA for amounts the PHA paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease.
The Housing Authority will terminate if the family has breached the terms of a repayment agreement entered into with the PHA.
The Housing Authority will terminate if a family member has engaged in or threatened violent or abusive behavior toward PHA personnel.
The Housing Authority may terminate HAP contracts if the PHA determines, in accordance with HUD requirements, that funding under the consolidated ACC is insufficient to support continued assistance for families in the program.
The Housing Authority will terminate if a household or member fails to comply with program obligations as per exhibit 12-1. State of family obligations as below:
Statement of family obligations:
Following is a listing of a participant family’s obligations under the HCV program:
- The family must supply any information that the PHA or HUD determines to be necessary, including submission of required evidence of citizenship or eligible immigration status.
- The family must supply any information requested by the PHA or HUD for use in a regularly scheduled reexamination or interim reexamination of family income and composition.
- The family must disclose and verify social security numbers and sign and submit consent forms for obtaining information.
- Any information supplied by the family must be true and complete.
- The family is responsible for any Housing Quality Standards (HQS) breach by the family caused by failure to pay tenant-provided utilities or appliances, or damages to the dwelling unit or premises beyond normal wear and tear caused by any member of the household or guest.
PHA Policy
Damages beyond normal wear and tear will be considered to be damages which could be assessed against the security deposit.
- The family must allow the PHA to inspect the unit at reasonable times and after reasonable notice, as described in Chapter 8 of this plan.
- The family must not commit any serious or repeated violation of the lease.
PHA Policy
The PHA will determine if a family has committed serious or repeated violations of the lease based on available evidence, including but not limited to, a court-ordered eviction or an owner’s notice to evict.
Serious and repeated lease violations will include, but not be 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. Generally, the criterion to be used will be whether or not the reason for the eviction was the fault of the tenant or guests. Any incidents of, or criminal activity related to, domestic violence, dating violence, or stalking will not be construed as serious or repeated lease violations by the victim [24 CFR 5.2005(c)(1)].
- The family must notify the PHA and the owner before moving out of the unit or terminating the lease.
PHA Policy
The family must comply with lease requirements regarding written notice to the owner. The family must provide written notice to the PHA at the same time the owner is notified.
- The family must promptly give the PHA a copy of any owner eviction notice.
- The family must use the assisted unit for residence by the family. The unit must be the family’s only residence.
- The composition of the assisted family residing in the unit must be approved by the PHA. The family must promptly notify the PHA in writing of the birth, adoption, or court-awarded custody of a child. The family must request PHA approval to add any other family member as an occupant of the unit.
PHA Policy
The request to add a family member must be submitted in writing and approved prior to the person moving into the unit. The PHA will determine eligibility of the new member in accordance with the policies in Chapter 3.
- The family must promptly notify the PHA in writing if any family member no longer lives in the unit.
- If the PHA has given approval, a foster child or a live-in aide may reside in the unit. The PHA has the discretion to adopt reasonable policies concerning residency by a foster child or a live-in aide, and to define when PHA consent may be given or denied. For policies related to the request and approval/disapproval of foster children, foster adults, and live-in aides, see Chapter 3 (Sections I.K and I.M), and Chapter 11 (Section II.B).
- The family must not sublease the unit, assign the lease, or transfer the unit.
PHA Policy
Subleasing includes receiving payment to cover rent and utility costs by a person living in the unit who is not listed as a family member.
- The family must supply any information requested by the PHA to verify that the family is living in the unit or information related to family absence from the unit.
- The family must promptly notify the PHA when the family is absent from the unit.
PHA Policy
Notice is required under this provision only when all family members will be absent from the unit for an extended period. An extended period is defined as any period greater than 30 calendar days. Written notice must be provided to the PHA at the start of the extended absence.
- The family must pay utility bills and provide and maintain any appliances that the owner is not required to provide under the lease [Form HUD-52646, Voucher].
- The family must not own or have any interest in the unit, (other than in a cooperative and owners of a manufactured home leasing a manufactured home space).
- Family members must not commit fraud, bribery, or any other corrupt or criminal act in connection with the program. (See Chapter 14, Program Integrity for additional information).
- Family members must not engage in drug-related criminal activity or violent criminal activity or other criminal activity that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises. See Chapter 12 for HUD and PHA policies related to drug-related and violent criminal activity.
- Members of the household must not engage in abuse of alcohol in a way that threatens the health, safety or right to peaceful enjoyment of the other residents and persons residing in the immediate vicinity of the premises. See Chapter 12 for a discussion of HUD and PHA policies related to alcohol abuse.
- An assisted family or member of the family must not receive HCV program assistance while receiving another housing subsidy, for the same unit or a different unit under any other federal, state or local housing assistance program.
- A family must not receive HCV program assistance while residing in a unit owned by a parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has determined (and has notified the owner and the family of such determination) that approving rental of the unit, notwithstanding such relationship, would provide reasonable accommodation for a family member who is a person with disabilities. [Form HUD-52646, Voucher]
- Guest Policy – Persons not listed on eligibility, recertification, and/or interim documents are unauthorized persons and may not live in the unit without a written waiver from the owner and the Housing Authority unless they meet the definition of occasional guest as defined below:
Occasional guest are permitted. Occasional is defined as someone who:
- Has a permanent residence elsewhere: and
- The stay is temporary (less than 30 consecutive days and;
- The cumulative stay is less than 60 day in a one year period.
- Exceptions may be granted for unusual circumstances with prior PHA and owner approval