Section 8  Housing

SECTION 8 TENANT BASED ASSISTANCE

1. How does crime by a family member affect my right to housing assistance?
2. Are there any limitations on how far back can the Public Housing Authority (PHA) consider?
3. Are there any limitations on this right of the PHA to deny or terminate assistance?
4. Do the family member have to be convicted or arrested of an offense?

SECTION 8 TENANT BASED ASSISTANCE FAMILY BREAK-UP

1. If my marriage breaks up, who will determine which family member gets to keep the housing assistance?
2. What factors will the PHA use in making this decision?
3. Can a court determine which member continues to receive assistance?

SECTION 8 TENANT BASED ASSISTANCE

At any time, the Public Housing Authority (PHA) may deny assistance to an applicant, or terminate assistance to a participant family if any member of the family commits Drug-related criminal activity; or Violent criminal activity.

If the PHA seeks to deny or terminate assistance because of illegal use, or possession for personal use, of a controlled substance, such use or possession must have occurred within one year before the date that the PHA provides notice to the family of the PHA determination to deny or terminate assistance.

The PHA may not deny or terminate assistance for such use or possession by a family member, if the family member can demonstrate that he or she: Has an addiction to a controlled substance, has a record of such an impairment, or is regarded as having such an impairment; and is recovering, or has recovered from, such addiction and does not currently use or possess controlled substances. The PHA may require a family member who has engaged in the illegal use of drugs to submit evidence of participation in, or successful completion of, a treatment program as a condition to being allowed to reside in the unit.

SECTION 8 TENANT BASED ASSISTANCE FAMILY BREAK-UP.

The PHA has discretion to determine which members of an assisted family continue to receive assistance in the program if the family breaks up. The PHA administrative plan must state PHA policies on how to decide who remains in the program if the family breaks up.

The factors to be considered in making this decision under the PHA policy may include: Whether the assistance should remain with family members remaining in the original assisted unit, the interest of minor children or of ill, elderly or disabled family members, Whether family members are forced to leave the unit as a result or actual or threatened physical violence against family members by a spouse or other member of the household, other factors specified by the PHA.

If a court determines the disposition of property between members of the assisted family in a divorce or separation under a settlement or judicial decree, the PHA is bound by the court's determination of which family members continue to receive assistance in the program.