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Item HA 03 - Update to the Housing Choice Voucher Administrative Plan
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Item HA 03 - Update to the Housing Choice Voucher Administrative Plan
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6/25/2025 5:52:46 PM
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6/25/2025 5:35:06 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
HA 03
Date
7/1/2025
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Administrative Plan 7/1/2025 Page 12-21 <br />PART III: TERMINATION OF TENANCY BY THE OWNER <br />12-III.A. OVERVIEW <br />Termination of an assisted tenancy is a matter between the owner and the family; the PHA is not <br />directly involved. However, the owner is under some constraints when terminating an assisted <br />tenancy. Termination of tenancy for certain reasons will also result in termination of assistance <br />as discussed in this section. <br />12-III.B. GROUNDS FOR OWNER TERMINATION OF TENANCY [24 CFR 982.310, 24 <br />CFR 5.2005(c), and Form HUD-52641-A, Tenancy Addendum] <br />During the term of the lease, the owner is not permitted to terminate the tenancy except for <br />serious or repeated violations of the lease, certain violations of state or local law, or other <br />good cause. <br />Serious or Repeated Lease Violations <br />The owner is permitted to terminate the family’s tenancy for serious or repeated violations of the <br />terms and conditions of the lease, except when the violations are related to incidents of actual or <br />threatened domestic violence, dating violence, sexual assault, stalking, and human trafficking <br />and the victim is protected from eviction by the Violence against Women Act of 2013 (see <br />section 12-II.E). A serious lease violation includes failure to pay rent or other amounts due under <br />the lease. However, the PHA’s failure to make a HAP payment to the owner is not a violation of <br />the lease between the family and the owner. <br />Violation of Federal, State, or Local Law <br />The owner is permitted to terminate the tenancy if a family member violates federal, state, or <br />local law that imposes obligations in connection with the occupancy or use of the premises. <br />Criminal Activity or Alcohol Abuse <br />The owner may terminate tenancy during the term of the lease if any covered person—meaning <br />any member of the household, a guest, or another person under the tenant’s control—commits <br />any of the following types of criminal activity (for applicable definitions see 24 CFR 5.100): <br /> Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment <br />of the premises by, other residents (including property management staff residing on the <br />premises) <br /> Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment <br />of their residences by, persons residing in the immediate vicinity of the premises <br /> Any violent criminal activity on or near the premises <br /> Any drug-related criminal activity on or near the premises <br />However, in the case of criminal activity directly related to domestic violence, dating violence, <br />sexual assault, stalking, or human trafficking if the tenant or an affiliated individual is the victim, <br />the criminal activity may not be construed as cause for terminating the victim’s tenancy (see <br />section 12-II.E). <br />EXHIBIT 1
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