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Home>Section 8 Participants>Information for Program Participants> Termination of Assistance
TERMINATION OF ASSISTANCE
A termination is when CHA removes a participant from the HCV Program. HUD requires CHA to terminate a participant if the participant violates the Family Obligations or lease and/or when a participant is no longer eligible for assistance.
If terminated, you will no longer receive rental assistance from CHA. Before CHA terminates a participant, the participant will receive an Intent to Terminate Notice which states why they might be terminated and when.
TERMINATION BY CARIBOU HOUSING AUTHORITY
In determining whether to terminate your assistance, CHA has the discretion to consider the circumstances in your particular case. These circumstances include the seriousness of the case, the extent that individual family members participated in or were responsible for the actions leading to termination, and the effects that termination of assistance will have on other family members who were not involved in the action or failure to act. As a condition of continuing your assistance, CHA may prohibit family members who participated in or were responsible for the action or failure to act from living in your subsidized unit.
If any of the following situations applies to you and your family – CHA MAY terminate your assistance:
- A household member violates the Family Obligations or the terms of the lease
- Family is evicted for a serious or repeated violation of the lease.
- Includes non- or late payment of rent and/or damages to unit
- A household member commits fraud, bribery or any other corrupt or criminal act in connection with any federal or state program
- A household member possesses or uses a firearm or aggravated assault weapon in violation of federal, state or local criminal or civil laws
- A household member disturbs others’ quiet and peaceful enjoyment of the premises or neighborhood
- A participant fails to fulfill his or her repayment agreement with CHA or any other Housing Authority
- A household member behaves violently toward a CHA staff member or its agents or threatens to do so
- A household member abuses alcohol that disturbs other residents
- A household member engages in drug-related criminal activity, violent criminal activity or any other criminal activity
- Your income increases so that you no longer need assistance (after six months of no rent assistance, CHA may terminate you)
- Family misses’ mandatory appointments
- Family doesn’t submit any/all required documents requested by CHA
If any of the following situations applies to you and your family, CHA MUST terminate your assistance:
- A household member fails to document citizenship
- A household member fails to disclose Social Security Number
- A household member has a conviction of manufacturing or producing methamphetamine
- Any family member fails to sign and submit consent forms for obtaining information that HUD requires
- You have vacated the unit without notifying CHA and/or the landlord
- Any family member is subject to a lifetime registration requirement under a state sex offender registration program
In making a decision about the termination of your assistance based on any of the above violations, CHA will consider all credible evidence including but not limited to:
- Convictions of household members
- Any eyewitness accounts
- Any agent and/or employee of CHA’s investigation
- A pattern or practice where the family has been warned by letter
Your assistance will be terminated for serious or repeated violations of the lease if:
- The owner terminates your tenancy through court action for serious or repeated violation of the lease.
- The owner notifies you of termination of the lease for a serious or repeated lease violation, you move from the unit prior to the completion of court action for termination, and CHA determines that the cause of your move is a serious or repeated violation of the lease.
- You fail to provide the owner or management agent with access to the unit to repair HQS deficiencies as required by CHA.
- There are police reports, neighborhood complaints, or other third-party information verified by CHA that establish serious or repeated violations of the lease.
- The owner provides CHA with documentation that you have not paid your family share of the rent. CHA can terminate your assistance for non-payment of rent even if you have not received a court order of eviction for non-payment.
TERMINATION BY LANDLORD
The owner may only terminate your tenancy in accordance with the lease and HUD requirements. The owner may only evict you by court action.
During the term of your lease the owner may only terminate your tenancy because of:
- Serious or repeated violations of the lease
- Disturbance of neighbors
- Destruction of property
- Living or housekeeping habits that cause damage to the unit or premises
- Violations of federal, state, or local law regarding your obligations for occupancy or use of the unit
- Criminal activity or alcohol abuse
- Other good cause
After the initial lease term, the owner may terminate your tenancy for the following good cause reasons:
- Failure to accept the offer of a new lease or revision
- The owner’s desire to use the unit for personal or family use
- A business or economic reason for termination of the tenancy (such as sale of the property, renovation of the unit, or desire to lease the unit at a higher rate).
If your assistance is terminated, you are entitled to an appeal.
- CHA will notify you in writing of its decision to terminate your subsidy.
- You may submit an appeal request in writing to CHA’s office. CHA must receive your request within 10 business days from the date printed on the CHA notification letter. Instructions on how to submit an appeal will be included with your notification letter.
- Upon receipt of your timely appeal request, the CHA will schedule a hearing for you to challenge the termination. After the hearing, a written decision will be issued by the CHA informing you of the final decision in your case.
For more information on Appeals, click here.