15.1 Interim Recertification
15.1.1 Circumstances Requiring an Interim Recertification
See section 11.1.1 of the HCVP Administrative Plan excluding section 11.1.1(d) which does not apply to the Moderate Rehabilitation Program.
15.1.2 Family Request for Interim Recertification
See section 11.1.2 of the HCVP Administrative Plan.
15.2 Continued Assistance After Termination of HAP Contract
15.2.1 Grounds for Termination Contract
If the BHA finds that the Owner or Family has failed to meet the program or contractual obligations, the BHA may suspend the subsidy payments, terminate the HAP Contract, or terminate the subsidy accordingly.
HUD will also review Mod Rehab Program operations at such intervals as it deems necessary to ensure that the Owner and the BHA are in full compliance with the terms and conditions of the Contract and the ACC. Equal Opportunity review may be conducted with the scheduled HUD review or at any time deemed appropriate by HUD. See 24 C.F.R. § 882.517.
15.2.2 Continued Participation
If an Owner evicts an assisted Family in violation of the Contract or otherwise breaches the Contract, and/or the Contract for the unit is terminated, and if the Family was not at fault and is eligible for continued assistance, the Family may continue to receive housing assistance through the conversion of the Moderate Rehabilitation assistance to tenant-based assistance under the HCVP if funding is available. The Family must then be issued a voucher and treated as a Participant under 24 C.F.R Part 982 and the HCVP Administrative Plan, and must be assisted by the BHA in finding a suitable unit. All requirements of 24 C.F.R. part 982 will be applicable except that the term of any HAP Contract for tenant-based assistance may not extend beyond the initial Mod Rehab Contract.If the Family is determined ineligible for continued assistance, the voucher may be offered to the next Family on the BHA waiting list.
The unit shall remain under the Moderate Rehabilitation ACC which provides for such a conversion of the units; therefore, no amendment to the ACC will be necessary to convert to the HCVP tenant-based program.
15.4 Change of Ownership
In accordance with the Contract, the Owner may not make any transfer in any form, including any sale or assignment of the HAP contract of the property without prior written consent of the BHA. See also section 11.4 of the HCVP Administrative Plan.
15.5 Eviction
See section 11.5 of the HCVP Administrative Plan.
15.6 Family Absence from a Unit
See section 11.6 of the HCVP Administrative Plan.
15.6.1 Absence of up to Thirty (30) Days
See section 11.6.1 of the HCVP Administrative Plan.
15.6.2 Absence Greater Than Thirty (30) Days
See section 11.6.2 of the HCVP Administrative Plan.
15.6.3 Absence May not Exceed 180 Days
See section 11.6.3 of the HCVP Administrative Plan.
15.7 Family Break-Up Policy
A Family Break-Up occurs when one or more adult Household Members will no longer reside together and there is a dispute as to who will remain in the Unit. A Family Break-Up situation may often occur in instances including but not limited to: divorce, separation, or the issuance of a protective order. When a Family Break-Up occurs, the Head of Household will not necessarily retain the benefit of the assisted Unit. Any adult Household Member, Emancipated Minor, or adult assuming responsibility for one or more minor family members could retain the Assistance.
When the BHA receives notice that a Family has broken up or will imminently break-up, the BHA will make the determination of which Family member retains the benefit of the assisted Unit using the criteria and the procedure provided below.
15.7.1 Court Determination
See section 11.7.1 of the HCVP Administrative Plan.
15.7.2 BHA Determination
See section 11.7.2 of the HCVP Administrative Plan.
15.7.3 Notice of Proposed Disposition of Assistance
See section 11.7.3 of the HCVP Administrative Plan.
15.7.4 Right to Appeal BHA’s Initial Determination
See section 11.7.4 of the HCVP Administrative Plan.
15.7.5 Procedure for Informal Hearings Regarding Family Break–Up
See section 11.7.5 of the HCVP Administrative Plan.
15.7.6 Assistance Pending the Exhaustion of Right of Review
See section 11.7.6 of the HCVP Administrative Plan.
15.7.7 Recertification of Family’s Income and Change in Rent Share
Where there has been a Family Break-Up, and following the court or BHA Family Break-Up determination (and exhaustion of the BHA review process, where applicable), a subsequent change in the Head of Household occurs, the BHA will immediately remove the prior Head of Household from the Family Composition and recalculate the family’s rent share to reflect the current Family Composition in accordance with the provisions of section 10.3 and Chapter 12 of this Administrative Plan. Any change in the Family’s Share of rent will be effective retroactive to the first of the month following the date the Family Break-Up occurred.
15.7.8 Procedure Where There Is a Family Break-Up and Adults Who Are Not Currently Household Members Advance a Claim on Behalf of Minor or Incapacitated Household Members
See section 11.7.8 of the HCVP Administrative Plan.
15.8 Residual Family Policy
See section 11.8 of the HCVP Administrative Plan.
15.8.1 Qualifications for Residual Family
See section 11.8.1 of the HCVP Administrative Plan.
15.8.2 Calculation of Rent Once Residual Applicant Approved
See section 11.8.2 of the HCVP Administrative Plan.
15.8.3 Limitations of Policy
See section 11.8.3 of the HCVP Administrative Plan.
15.8.4 Residual Family – Right of Appeal
See section 11.8.4 of the HCVP Administrative Plan.
15.8.5 Residual Tenancies and the Rules for Underoccupied Units
If a Residual Family Applicant is approved, the rules and procedures for underoccupied Units found in section 14.2 of this Administrative Plan will still be applied.
15.9 Continued Housing Assistance Payments
A Family's eligibility for Housing Assistance Payments shall continue until the Total Tenant Payment equals the Gross Rent. The termination of eligibility at such point will not affect the Family's other rights under its lease, nor will such termination preclude the resumption of payments as a result of later changes in income, rents or other relevant circumstances during the term of the Contract. However, eligibility also may be terminated in accordance with HUD and BHA requirements for such reasons as failure to submit requested verification information, including failure to meet the disclosure and verification requirements for Social Security Numbers, as provided by 24 C.F.R. part 5, subpart B, or failure to sign and submit consent forms for the obtaining of wage and claim information from State Wage Information Collection Agencies, as provided by 24 C.F.R. part 5, subpart B. For provisions requiring termination of assistance when the BHA determines that a family member is not a U.S. citizen or does not have eligible immigration status, see 24 C.F.R. parts 5 and 982 for provisions concerning certain assistance for mixed families (families whose members include those with eligible immigration status, and those without eligible immigration status) in lieu of termination of assistance, and for provisions concerning deferral of termination of assistance. See 24 C.F.R.§ 882.515(d
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