Title
Resolution to Approve Amendment to the Housing Choice Voucher Administrative Plan Regarding Denial of Assistance Waiver for Criminal Activity
Memorandum
HUD provides the primary source of PHA policy through federal regulations, HUD Notices and Handbooks. Compliance with federal regulations, current HUD Notices and HUD Handbooks is mandatory. In addition, HUD requires all PHAs to adopt an Administrative Plan for the Voucher Program. The purpose of this memorandum is to request board approval for changes to the Administrative Plan for Chapter 3 Part III.E regarding Denial of Assistance.
HUD has mandatory reasons for denying assistance to new families and HUD gives housing authorities the option for additional reasons for denying assistance to new families. HUD has published the attached PIH Notice 2015-19 to encourage Housing Authorities to adopt admission policies that "emphasize the importance of providing second chances" for formerly incarcerated individuals" and "to achieve a sensible and effective balance between allowing individuals with a criminal record to access HUD-subsidized housing and ensuring the safety of all residents of such housing".
Consequently, AAHC staff is recommending the following amendments to Chapter 3, Section III of the Administrative Policy related to denial of assistance in track changes.
3-III.B. MANDATORY DENIAL OF ASSISTANCE [24 CFR 982.553(a)]
HUD requires the PHA to deny assistance in the following cases:
* New admissions of medical marijuana users are prohibited into the HCV programs.
* Any member of the household has been evicted from federally-assisted housing in the last 3 years for drug-related criminal activity. HUD permits, but does not require, the PHA to admit an otherwise-eligible family if the household member has completed a PHA-approved drug rehabilitation program or the circumstances which led to eviction no longer exist (e.g., the person involved in the criminal activity no longer lives i...
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