Tenn. Comp. R. & Regs. 0770-01-05-.27 - TERMINATIONS (24 C.F.R. 982.552(b), 982.310, 982.455, AND 982.354)
(1) General Information.
(a) HUD regulations specify the reasons for
which the THDA may and must terminate a participant's assistance and the ways
in which such termination is processed. HUD also allows the THDA to establish
local policies for termination of assistance.
(b) HUD regulations also dictate the
circumstances under which an owner may terminate the tenancy of an assisted
household under the HAP contract. Tenancy may be terminated by the owner,
initiated by the tenant, or terminated by mutual agreement between the tenant
and owner.
(c) The Housing
Assistance Payments (HAP) Contract may end automatically, the THDA may initiate
the termination, or the owner may initiate the termination.
(d) Consideration of Circumstances. In
determining whether to terminate assistance because of action or failure to act
by members of the family:
1. The THDA will
consider all relevant circumstances such as the seriousness of the case, the
extent of participation or culpability of individual family members, mitigating
circumstances related to the disability of a family member, and the effects of
denial or termination of assistance on other family members who were not
involved in the action or failure.
2. The THDA may impose, as a condition of
continued assistance for other family members, a requirement that other family
members who participated in or were culpable for the action or failure will not
reside in the unit. The THDA may permit the other members of a participant
family to continue receiving assistance.
(2) Termination of Assistance (24 C.F.R.
982.552(b)).
(a) Involuntary Termination of Assistance
Related to a Violation of the Family Obligations (24 C.F.R. 982.551,
982.552,
982.553, and
982.404).
1. The family obligations are listed on the
voucher given to the household at initial move-in and relocation/portability in
the Grounds for Denial/Termination, Notice of the Family Obligations form given
to the household at initial move-in and each recertification, in this Plan and
in the federal regulations. A violation of the family obligations not only
subjects the participant family to termination, but also to a three-year (3)
sanction from participation in the HCV Program.
2. A participant family may be involuntarily
terminated from the HCV Program for any of the following family obligation
violations by any one of the household members, including:
(i) Fraud or abuse in any federal housing
assistance program;
(ii) Failure to
sign and submit consent forms for obtaining information in accordance with
program regulations within required time frames;
(I) This violation includes failure to attend
appointments as per the THDA's missed appointment policy when the appointment
is for the purpose of receiving signatures and collecting required
paperwork;
(iii) Failure
to promptly notify and provide the THDA (within 30 days) with documentation of
the birth, adoption, court-awarded custody of a child, or a new
spouse;
(iv) Failure to promptly
notify the THDA (within 30 days), in writing, that a household member no longer
lives in the assisted unit;
(v)
Failure to promptly notify the THDA in writing that the entire household will
be away from the unit for more than 14 days, consecutively;
(vi) Failure to report a required change of
any type;
(vii) Failure to request
written approval to add any other occupant of the unit as a household member. A
person is considered a household member if they stay overnight in the unit more
than fourteen (14) days annually, not consecutively;
(viii) Failure to supply information timely,
usually 14 calendar days unless otherwise specified, as requested by the THDA
for use in a regularly scheduled reexamination or interim reexamination of
household income or composition. This violation includes:
(I) The failure to attend appointments as per
the THDA's appointment policy when the appointment is for the purpose of
collecting required paperwork;
(II)
The refusal to sign necessary forms and documents; and
(III) Other refusals to cooperate.
(ix) The failure to disclose,
verify or sign and submit consent forms for obtaining social security
numbers;
(x) The failure to supply
information requested to verify that the family is living in the assisted unit
or information related to family absence from the unit;
(xi) The refusal to reimburse the program in
full for overpayment of subsidy for unreported income or change in family
status or refusal to enter into a Repayment Agreement;
(xii) The family defaults under a plan of
repayment as defined by the Repayment Agreement;
(xiii) The family received Housing Choice
Voucher assistance while residing in a unit owned by a parent, child,
grandparent, grandchild, sister or brother of any member of the family where no
member of the family is a person with disabilities;
(xiv) The family subleases the assisted unit
to another family;
(xv) A household
member owns or has a financial interest in the assisted unit (excluding
Homeownership Voucher Program participants);
(xvi) A household member received Housing
Choice Voucher assistance while receiving another housing subsidy for the same
unit or a different unit under any other Federal, State or local housing
assistance program;
(xvii) The
failure of the family to use the assisted unit for residence by the household
or as their only residence;
(xviii)
A family breach of HQS by failing to make any repairs that are the
responsibility of the family in a timely manner;
(xix) The failure of the family to allow the
THDA or its agent to inspect the unit at reasonable times and after reasonable
notice. This violation includes missed appointments as per the THDA appointment
policy when the THDA or its agent schedules an appointment to inspect the
assisted unit and the family fails to attend the appointment;
(xx) The failure of the family to pay for any
utilities or other amounts owed under the lease that the owner is not required
to pay for, but which are to be paid by the tenant;
(xxi) The failure of the family to provide
and maintain any appliances that the owner is not required to provide, but
which are to be provided by the family;
(xxii) The failure of the family to provide
the THDA with an owner eviction notice or notice to vacate/lease termination
within 14 calendar days;
(xxiii)
The family seriously or repeatedly violates a lease;
(I) Serious and repeated lease violations may
include, but are not limited to, the following:
I. Eviction of the family from housing by a
court action for a serious lease violation;
II. The family is asked to vacate the unit by
the owner for a lease violation;
III. The family moves without a proper
written notice, either thirty (30) days or as required by the lease, to the
landlord or housing agency;
IV. The
family fails to make timely rent payments or any other amounts owed to an owner
under a lease (utilities, etc.);
V.
A member of the household or guest damages the dwelling unit or premises beyond
ordinary wear and tear resulting in a cost to the owner that exceeds the
security deposit; or
VI. Certain
criminal activity by a household member or guest of the
household.
(II) When
deciding if a serious or repeated violation of the lease will result in
termination of assistance, the THDA will consider the following requirements.
I. The owner must provide the participant and
the THDA with proper notice of any serious or repeated lease violations in
accordance with the lease terms, HAP terms, and HUD regulations. The notice
must state the specific actions which resulted in the violations, the authority
on which they are based (lease, HAP C, state law), and what remedy the owner is
seeking;
II. The owner must also
provide the THDA with available evidence, such as notices to the participant
from the owner regarding the violations, police reports, neighborhood
complaints or other third-party information; and
III. If the owner is seeking termination of
the tenancy, the owner must evict the participant through court-ordered
eviction and provide the THDA with verification of the court action. The
participant is ineligible to relocate or port when an owner has given proper
notice of serious or repeated lease violations.
IV. Court-Ordered Evictions.
A. Court-ordered eviction will be presumed to
be for serious lease violations, unless the participant can prove by a
preponderance of the evidence that it was not.
B. If a court action results in a
court-ordered eviction for a serious lease violation as defined by this Plan,
then the THDA will terminate the participant's assistance. If a judgment is
entered by agreement of the parties for possession only, then the participant
will be allowed to remain on the Program and a relocation voucher will be
issued.
C. Judgments in favor of
the owner for unpaid rent, other amounts owed under the lease, and damages
support the finding of an eviction for a serious lease violation. However, if
the landlord accepts rent without reservation and with knowledge of a tenant
default, the landlord by such acceptance condones the default and thereby
waives such landlord's right and is stopped from terminating the rental
agreement as to that breach.
D. The
participant may appeal the THDA's finding of an eviction due to a serious lease
violation, but must do so by requesting an informal hearing by the deadline, in
which the participant will have the burden of proving by a preponderance of the
evidence that the eviction was not due to a serious lease violation by the
THDA's definition.
(III) Relocation. See §
0770-01-05-.25.
(IV) Repayment Agreements. The THDA will not
arbitrate unpaid rent or damage claims between the participant and the owner.
If the owner chooses to enter into a plan of repayment or accept repayment from
the participant as a remedy for unpaid rent or damages, the THDA will consider
any repayment as an appropriate remedy in lieu of termination, as long as the
unit is in compliance with HQS. If the participant defaults on the repayment
agreement, whether the participant has relocated or not, the owner must provide
the THDA with a court order in the owner's favor for the THDA to terminate
assistance at the new unit.
(V) The
THDA does not consider an accidental fire a serious or repeated lease
violation, regardless of the terms of the lease. The owner of the property
should carry suitable insurance to cover accidental losses.
(VI) The Tennessee Code Annotated (66-28-517)
allows a three (3)-day notice of termination of the lease when the tenant, or
any other person on the premises with the tenant's consent, willfully or
intentionally commits a violent act or behaves in a manner which constitutes or
threatens to be a real and present danger to the health, safety, or welfare of
the life or property of other tenants or persons on the premises.
I. Some landlords also will terminate the
lease with a 3-day notice for drug-related criminal activity by a household
member, guest, or person under the tenant's control.
II. In the case of a three (3)-day
termination, the THDA will follow the same protocol as the section on
Termination of Tenancy for Lease Violations. The participant will not be
eligible to relocate, the owner must evict by court order, and the THDA will
continue to pay through the eviction proceedings, unless there is a separate
cause for the THDA to terminate.
III. In some cases, the THDA will also
initiate a termination of assistance for any violent criminal
activity.
IV. If the participant is
evicted by court order, then the participant's assistance is terminated, they
will be given the regular time period to appeal the termination, but the THDA
will be unable to continue the HAP Contract or payment at the current unit due
to the lease termination.
A. If the family
appeals, they will be issued a voucher to relocate through the hearing
period.
(xxiv) The family engages in or threatens any
type of threatening, abusive, or violent behavior toward the THDA's personnel.
Threatening, abusive, or violent behavior towards the THDA's personnel includes
verbal as well as physical abuse, violence, or threat of violence. Use of
expletives that are generally considered insulting, racial epithets, or other
language, written or oral, which is customarily used to insult or intimidate
may be cause for denial of assistance;
(xxv) The family or guest participates in, is
arrested, or is convicted of certain criminal activities. See next section on
Termination for Criminal Activity; or
(xxvi) Failure to secure housing before the
expiration of the search voucher.
(b) Termination for Criminal Activity.
(24 C.F.R.
982.553). In order to preserve the integrity
of the program and the welfare of the community where a family resides, a
family will be terminated from the program if a household member or a guest of
the family has engaged in certain criminal activities.
1. Mandatory Terminations. A family must be
terminated when:
(i) A family includes a
household member that is subject to a lifetime registration requirement under a
state sex offender registration program since such individuals are always
prohibited from receiving Section 8 rental assistance.
(ii) A family includes a household member who
has ever been convicted of a drug-related criminal activity involving the
manufacture or production of methamphetamine on the premises of federally
assisted housing.
2.
Other Terminations for Criminal Activity. HUD regulations allow the THDA local
discretion in establishing additional grounds for termination when the THDA
determines that any household member is currently engaged in certain criminal
activities.
(i) Termination of assistance
will result if the THDA receives information that shows there is a record of
drug-related criminal activity, severe alcohol abuse, violent criminal activity
or other criminal activity that is a threat to the health and safety of the
neighborhood if:
(I) Any household member has
been convicted of a felony drug-related, alcohol-related, violent criminal
activity or other criminal activity;
(II) Any household member has been convicted
of two (2) or more misdemeanor drug-related, alcohol-related, violent criminal
activity, or other criminal activity;
(III) Any household member has one or more
convictions for a felony sex offense in the past ten (10) years or any
conviction for a felony or misdemeanor sex offense involving a minor;
(IV) Any household member, guest, or other
person under the participant's control, with their knowledge, or within their
supervision, participates in or is convicted of a drug-related or violent
criminal activity that allegedly occurred in the immediate vicinity of the
assisted unit at any time during the family's program participation. This would
also be a serious lease violation; or
(V) Any household member participates in
criminal activity that is considered by a preponderance of the evidence to
present a threat to the health and safety of the THDA's employees, including
but not limited to, illegal weapon possession, verbal threats, physical
threats, or assault of a neighbor, owner, or a THDA employee; but
(VI) If an allegation of or an arrest for a
criminal act, or any of the above acts, has not resulted in a conviction, then
the allegation or arrest is not sufficient in and of itself to establish by a
preponderance of the evidence that the act was committed, and therefore cannot
support a termination. In such cases, there must be other corroborative proof,
which establishes by a preponderance of the evidence that the criminal act
occurred. Such other corroborative proof should be such proof that a reasonable
person would rely on and may include, but is not limited to arrests, police
reports, incident reports, convictions for a lesser offense, or any other
evidence that a reasonable person would rely on.
(ii) Termination of Assistance may be waived
if one of the following conditions is met:
(I)
The criminal activity is drug-related and involves the use or possession for
personal use of a controlled substance and the household member who engaged in
the drug-related activity demonstrates successful completion of a supervised
drug or alcohol rehabilitation program approved by the THDA;
I. A supervised drug or alcohol
rehabilitation program does not include Alcoholics Anonymous, Narcotics
Anonymous or other self-help treatment programs.
II. The family member must provide
verification of the completion of a drug or alcohol rehabilitation
program.
III. Termination of
assistance may not be waived when the drug-related criminal activity involves
the illegal manufacture, sale, distribution or the possession with intent to
manufacture, sell, or distribute a controlled substance.
(II) The circumstances leading to eviction no
longer exist (e.g. the criminal household member has died, is imprisoned, or is
removed from the household).
3. Definitions.
(i) Criminal Conviction. A criminal
conviction occurs when on the date of final judgment, for felony or misdemeanor
offenses, a verdict or finding of guilty, a plea of guilty, or a plea of nolo
contendre is entered and does not include a final judgment that has been
expunged by pardon, reversed, set aside or otherwise rendered nugatory.
(I) Pre-trial Diversion. A judgment of
pre-trial diversion will be treated as a judgment that is rendered
nugatory.
(II) Post-trial
Diversion. Families that include a member with a criminal disposition of
post-trial diversion following a criminal conviction are not eligible to
receive assistance until the terms of diversion are met; record expunged; or
the family becomes eligible otherwise.
(ii) Drug-Related Criminal Activity. The
illegal manufacture, sale, distribution, use, or the possession with intent to
manufacture, sell or distribute or use a controlled substance, as defined in
the Controlled Substance Act.
(iii)
Violent Criminal Activity. Any 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.
(iv) Alcohol-Related Criminal Activity. Any
pattern of abuse of alcohol by a household member that may interfere with the
health, safety or right to peaceful enjoyment of persons residing in the
immediate vicinity of the applicant household.
(v) Sex Offense. Any act defined in Tennessee
Code Annotated § 40-39-202.
(vi) Other Criminal Activity. Any criminal
activity that is determined by the THDA's staff to threaten the health, safety,
or right to peaceful enjoyment of persons residing in the immediate vicinity of
the household.
4.
Screening for Criminal Activity after Admission. The head of household, spouse,
or co-head completes a Personal Declaration each year that includes a
certification regarding criminal activity of every adult household member.
(i) The THDA will screen the Personal
Declaration each year for information regarding criminal activity.
(ii) Additionally, the THDA also may receive
information from other sources regarding a participant's criminal history, such
as newspaper or television reports, landlord lease violation notices or other
information provided by the landlord, complaints from neighbors, etc.
(iii) If the THDA discovers that a criminal
act has occurred through any source that the THDA determines legitimate, the
family will be terminated for criminal activity in accordance with this
Plan.
(iv) If the THDA receives
information about criminal activity by a household member and needs additional
information to verify the record, the THDA will use legitimate sources of
information concerning a person's criminal record, such as police reports from
local agencies or copies of police reports provided by the property
owner/manager.
(v) The THDA will
conduct a criminal background check after admission only when other legitimate
sources or methods of verification are unavailable.
(vi) The THDA may require the family member
to provide documents also. If the family member fails to cooperate, it may be
grounds for an additional termination cause (e.g. failure to supply information
requested by the THDA in a timely manner.)
(c) Termination of Assistance for Non-program
Violations-End Participation. Other causes of termination of assistance, which
are not the result of a program violation, will not result in a three (3)-year
penalty from program participation.
1.
Voluntary Withdrawal. A family that wishes to voluntarily withdraw and end
their participation in the HCV program must do so in writing to the local THDA
office.
(i) The family will not be removed
from the program until the THDA receives the notice in writing.
(ii) Since the THDA must allow the owner a
thirty-day (30) notice of termination of the HAP Contract, the THDA will not
end the family's participation until at least 30 days from their written
request.
(iii) If the family moves
out of the assisted unit without written notice, they will be considered in
violation of the Family Obligations and will then be subject to the three
(3)-year prohibition on readmission to the program if the family
reapplies.
(iv) If a family wants
to voluntarily withdraw during an initial lease term and remain in good
standing and not be subject to the 3-year prohibition on readmission to the
program due to a violation of the family obligations, they must secure a mutual
lease termination with the owner.
2. There is no member of the household age
eighteen (18) or older who can serve as head of household.
3. Declaration of citizenship or eligible
immigration status is not submitted by specified date, or evidence is submitted
but Department of Homeland Security primary and secondary verification does not
verify eligible immigrant status, and one of the following conditions apply:
(i) The family does not pursue Homeland
Security appeal or informal hearing rights; or
(ii) Homeland Security appeal and hearing
rights are pursued, but final appeal or decisions are decided against the
family member.
4. The
family is under contract and one hundred eighty (180) days have elapsed since
the last housing assistance payment was made ("zero HAP" period
ends).
(d) Termination of
Assistance Requirements for the Written Notice and Notice Period.
1. For all terminations of assistance, the
participant family is given a written 30-day notice of intent to terminate the
rental assistance, except in cases where the family has vacated the unit
without notice to the THDA, death of the only remaining household member, and
tenant caused HQS emergency repairs. At the same time the Notice of Termination
of Assistance is mailed to the tenant, a Termination of HAP Contract notice is
mailed to the owner to ensure proper notice is given.
(i) The Termination of Assistance notice
states the following:
(I) The specific
reason(s) for the termination (the act or failure to act), including who did
what, where, and when;
(II) The
effective date of the termination;
(III) The authorities the termination is
based on, including citations from the CFRs and this Plan;
(IV) The family's right to request an
informal review or hearing when applicable; and
(V) The family's responsibility to pay the
rent in full if they remain in the unit.
(ii) A copy of the notice is filed in the
tenant's file.
(iii) The
termination notice will be sent by regular United States Postal Service mail
delivery to the last known address of the client. Delivery of the notice by
mail is complete upon deposit in a mailbox or upon posting. If the participant
requests proof of delivery, the delivery may be established prima facie by
affidavit or certificate of service of mailing by the staff person who mailed
the notice.
(I) Mail Policy. Notices are
served by placing the notice in the U.S. mail via first class mail to the
address the THDA has been provided by the participant.
(II) The participant shall bear the burden of
proof where it is alleged that the address to which the THDA mailed the notice
was not the proper address, or where the participant argues that the notice was
not received due to circumstances beyond the participant's control.
(III) Sufficient proof shall include, but not
be limited to, an affidavit, sworn and notarized, from the postmaster for the
local post office responsible for delivering the mail to the participant's
address that there have been problems with delivery that might have caused the
notice to not be properly delivered.
2. Request for Hearing. If the THDA receives
a timely request for hearing, the termination action is placed on hold until
the appeals process is complete. In this case, the owner is sent a Termination
of HAP Contract Hold Notice informing them that the termination action is on
hold during the appeals process and payments will continue. At the conclusion
of the appeals process, if the termination action is upheld, the owner will be
sent a Termination of HAP Contract with a final contract and payment end
date.
3. Death of the Only
Remaining Household Member. In the case of the death of the only remaining
household member, the HAP contract will terminate automatically upon the death
of a single member household.
(i) The THDA is
required to comply with the administrative processes related to termination of
HAP payments to the landlord during the month in which the death occurred. For
example, a single household member expires on June 5, and then the contract
should terminate on June 30. This policy also applies to households with a
live-in aide.
4. Move
without Notice or HQS Emergency Repairs. For move without notice and
outstanding HQS emergency repairs, the termination is effective at the end of
the current month.
(i) In the case of a move
without notice, if the THDA has cause to believe the owner failed to properly
notify the agency of the move in a timely manner, the THDA may retroactively
terminate the assistance to the end of the month when the move-out
occurred.
(ii) If the family moves
without notice and requests a timely hearing, the family will be issued a
voucher during the appeals period to ensure the assistance continues through
the appeals process.
(iii) If the
family is terminated for not completing HQS emergency repairs and a hearing is
requested timely, the THDA will restart the payment if the family notifies the
THDA that repairs are complete and the unit passes HQS during the appeals
process.
(3) Termination of HAP Contract. The Housing
Assistance Payments (HAP) Contract may end automatically, the THDA may initiate
the termination, or the owner may initiate the termination. Termination of the
Housing Assistance Payment Contract means no further subsidy payments are made
for a particular unit on the participant's behalf and no further payments are
made to an owner. It does not necessarily mean the tenant's eligibility for
rental assistance is terminated.
(a) Automatic
Termination of HAP Contract. The following situations warrant the automatic
termination of HAP Contract.
1. Moves without
notice. If a family moves without notice to the THDA or the owner, the contract
is automatically terminated at the end of the current month. The family has
violated both the lease and the family obligations.
(i) The owner may keep the HAP for the month
in which the tenant moved out.
(I) However, if
the THDA finds that the owner failed to properly notify the agency of the move
in a timely manner, the HAP Contract may retroactively terminate to the end of
the month when the move-out occurred. In this case, the THDA will deduct the
overpayment if the owner has other HAP Contracts with the THDA or will request
reimbursement from the owner if there are no other HAP
Contracts.
(ii) The
family may not be eligible for future assistance under the program due to the
violation of the family obligations.
2. Moves with notice. If a family gives a
written notice to vacate to the THDA and the owner, and they are eligible to
relocate at that time, a Termination of HAP Contract will be prepared and
mailed to the tenant and owner.
(i) HAP will
be paid to the owner through the effective date of the notice.
(ii) Tenants who plan to relocate with
continued assistance are encouraged not to give notice until they have located
new housing.
(iii) If the tenant
changes their mind after the notice to vacate is given, and both parties agree
to rescind the notice to vacate, the tenant must provide the THDA with
documentation that both parties have rescinded the notice.
(I) If the lease termination, or vacate
notice end date, has not passed and the client has not signed a lease for a new
unit, the family must sign a Rescission of the Mutual Lease Termination with
the landlord no later than the day before the lease termination is effective,
and this notice must be sent to the THDA.
I.
A retroactive payment will be made when the paperwork is received.
II. The THDA is not responsible for late fees
associated with a late payment due to processing the
rescission.
(II) If the
lease termination, vacate notice end date, has passed, but the client has not
signed a lease for a new unit, the THDA will work with the tenant to execute a
new lease and HAP Contract for the current unit. The tenant is responsible for
the full rent until all necessary paperwork is processed.
(III) If the family has signed a lease at a
new unit or the THDA has executed a HAP Contract for a new unit, the family is
not eligible to change their mind and stay in place, unless the new landlord is
willing to terminate the lease agreement and HAP Contract without
penalty.
3.
Lease Termination at the End of a Period. When the lease automatically expires
or the owner terminates the lease at the end of a period and the owner does not
renew the lease or allow the lease to roll over to a month-to-month periodic
tenancy, the HAP Contract automatically terminates.
(i) The HAP stops on the lease termination
date unless the tenant decides to "holdover" past the vacate date and proceed
to court for an eviction decision.
(ii) If the owner initiates a court action,
the THDA will reinstate HAP and pay through the court eviction
date.
4. Court-Ordered
Eviction. The owner seeks to terminate and tenancy and evict the family from
the unit for cause.
(i) The owner must provide
the participant and the THDA with proper notice seeking termination of the
tenancy for serious or repeated lease violations in accordance with the lease
terms, HAP terms, and HUD regulations.
(I)
The notice must state the specific actions which resulted in the violations and
the authority on which they are based (lease, HAP C, state law);
(II) A copy of a detainer warrant is
considered sufficient notification.
(ii) The owner must also provide the THDA
with available evidence, such as notices to the participant from the owner
regarding the violations, police reports, neighborhood complaints or other
third-party information; and
(iii)
The owner must evict the participant through court-ordered eviction and provide
the THDA with verification of the court action. The participant is ineligible
to relocate or port when an owner has alleged serious or repeated lease
violations. The THDA will continue to pay the HAP during the eviction
proceedings.
(iv) The owner may
keep the HAP for the month in which the tenant was evicted from the unit by the
court.
5. Mutual Lease
Termination. Both the owner and tenant agree through mutual agreement to
terminate the lease after the initial lease term. The HAP Contract terminates
the same date as the lease termination date. The HAP payment continues only
through the effective date of the mutual lease termination, the date agreed to
by the family and the owner.
6.
Death of Head of Household. The HAP Contract terminates automatically upon the
death of a single member household.
(i)
Termination of Housing Assistance Payments to the landlord/owner will take
place during the month in which the death occurred.
(I) For example, if a single household member
expires on June 5th, the HAP contract should terminate on June 30. This policy
also applies to households with a live-in aide.
(II) If the THDA finds that the death
occurred in a prior month and the owner was aware of the death and failed to
properly notify the agency of the death in a timely manner, the HAP Contract
may retroactively terminate to 30 days from the date of death. In this case,
the THDA will deduct the overpayment if the owner has other HAP Contracts with
the THDA or request reimbursement from the owner if there are no other HAP
Contracts.
7.
Burn-Out. When a unit burns to the degree that it is uninhabitable, the HAP
Contract is terminated.
(i) Due to the HQS
regulations, which prohibit a HAP payment for a unit that fails to meet HQS
standards, the HAP Contract is terminated and HAP payments end the day
following the fire, regardless of the date the fire is reported to the
THDA.
8. Zero HAP for 180
Days. When a family's income increases so that their Total Tenant Payment is
equal to or greater than the gross rent, and there is no Housing Assistance
Payment, the situation is called "zero HAP."
(i) The family is notified of their right to
remain on the Program at zero assistance for 180 days.
(I) Regular recertifications and inspections
are conducted at the normal annual recertification time.
(II) If the household income changes, an
interim recertification is conducted and notices sent to the family and the
owner. If the change in income results in a Housing Assistance Payment again,
the family is no longer "zero HAP."
(III) If the family chooses to move to
another unit during this period, a HAP Contract may be executed for a zero
housing assistance payment. The unit must be the appropriate size and pass
Housing Quality Standards.
(ii) During the "zero HAP" period, an owner
may request a rent increase at the lease anniversary date. If the increased
rent results in a HAP payment, the "zero HAP" period ends.
(iii) The family remains on the program for
180 days from the effective date of zero assistance. If the family remains at
zero assistance for 180 days, a notice of termination of assistance is sent to
the family 30 days prior to the end of the zero HAP period, or on day 150. The
family must reapply if their circumstances change at a later date.
(I) The owner should be sent a Termination of
HAP Contract 30 days prior to the end of the zero HAP period, or on day 150 of
the zero HAP period.
9. Physical/Verbal Abuse of THDA Staff.
(i) If a landlord/owner engages in
threatening verbal or physical abusive behavior toward the THDA's personnel,
the HAP Contract may be terminated.
(ii) If an applicant or participant engages
in threatening verbal or physical abusive behavior toward the THDA's personnel,
the family's assistance, and thus the HAP Contract, may be
terminated.
(iii) Abusive or
violent behavior towards the THDA's personnel includes verbal as well as
physical abuse or violence. Use of expletives that are generally considered
insulting, racial epithets, or other language, written or oral, which is
customarily used to insult or intimidate may be cause for termination or denial
of assistance.
(b) Owner Termination of HAP Contract. The
owner may terminate the HAP Contract when he wishes to remove the unit from the
program, except during the initial term of the Contract. Proper procedures must
be followed.
(c) The THDA
Termination of HAP Contract.
1. A Contract may
be terminated by the THDA for one of more of the following reasons:
(i) The owner refuses to bring the unit into
compliance with Housing Quality Standards (HQS);
(ii) The owner is out of compliance with
other terms of the Contract;
(iii)
The owner has committed fraud;
(iv)
The THDA bans the owner from participation in the HCV Program;
(v) The THDA terminates assistance to the
family; or
(vi) The family is
required to move from the unit because of overcrowding or under-occupied
conditions.
2. In all
cases, a 30-day notice must be given to the tenant and
owner.
(d) Notices
Required for Termination of HAP Contract. A Notice of Termination of Housing
Assistance Payment Contract is sent to the owner any time subsidy for a
particular unit terminates.
1. A minimum of 30
days' notice will be given when a HAP Contract is terminated even when the
tenant notifies the THDA of their desire no longer to receive rental assistance
except in the following cases:
(i) HQS
abatement or burn-out (see HQS chapter);
(ii) The tenant moves without notice;
and
(iii) Mutual lease
termination.
2. The THDA
will mail a Notice of Termination of HAP Contract that states the following:
(i) The reason(s) for the
termination;
(ii) The effective
date of the termination; and
(iii)
The family's responsibility to pay the full rent if they remain in the
unit.
3. If assistance is
also terminated, the tenant is sent a termination letter. A copy of the letter
is placed in the tenant file.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.