16.1 Definitions
See section 13.1 of the HCVP Administrative Plan.
16.2 Mandatory Termination
See section 13.2 of the HCVP Administrative Plan and all its subsections excluding 13.2.1 as there is no right to continued participation once a participant is evicted from a Moderate Rehabilitation unit and thus unnecessary for BHA to proceed with termination.
16.3 Discretionary Termination
See section 13.3 of the HCVP Administrative Plan and all of its subsection excluding Sections 13.3.2 and 13.3.3, for which there is no regulatory ground for termination in the Mod Rehab program.
Under the Mod Rehab Program, the BHA may also terminate assistance for a Family if:
(a) The BHA determines that a Family has failed to meet its responsibilities under the Statement of Family Responsibilities. See 24 C.F.R. § 882.413(b).
(b) The BHA determines that a member of the household is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees. See 24 C.F.R. § 882.518(c)(2)(ii)(A).
(c) The BHA determines that a member of the household is violating a condition of probation or parole imposed under Federal or State law. See 24 C.F.R. § 882.518(c)(2)(ii)(B)
(d) The participant has refused to move to an appropriate-sized Apartment after the Family composition has changed enough to necessitate a change in Apartment size, provided the BHA has informed the Family of the availability of an provably Apartment. See 24 C.F.R. § 882.509.
16.4 Termination of Assistance Due to Lack of Adequate Funding
See section 13.4 of the HCVP Administrative Plan.
16.5 Family Obligations
In addition to the Statement of Family Responsibility described above, Participants in the Mod Rehab Program must follow the same Family Obligations found in Section 13.5.2 of the HCVP Administrative Plan. Violation of the Family Obligations by an act or a failure to act may result in termination of Mod Rehab program assistance. Termination for a violation of the Family Obligations shall be at the discretion of the BHA.
16.5.1 Tenants Informed of Family Obligations
(a) The BHA will supply the Family with a written description of the Family obligations at each annual recertification.
(b) The Head of Household will sign the Family obligations at each annual Recertification to certify that he/she understands and will comply with the obligations of the Mod Rehab Program. See also section 13.5.1-2 of the HCVP Administrative Plan.
16.6 Procedure for Terminating Assistance
See section 13.6 of the HCVP Administrative Plan.
16.7 Informal Hearings for Participant Families
See section 13.7 of the HCVP Administrative Plan.
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