Guidelines

Following are some guidelines with regard to acceptable grounds for denial or termination of assistance. Please note that the new Conforming Rule Part II eliminates the distinction between grounds for denial and termination of assistance, and that your agency may, at any time, deny program assistance for an applicant or terminate program assistance for a participant for any of the reasons listed below. At your agency's discretion, you may enter the name of any tenant in the TenantCheck® system that meets any of the following criteria:

  • If the family violates any family obligations under the program.
  • If any member of the family has ever been evicted from public housing.
  • If any housing agency has ever terminated assistance under the certificate or voucher program for any member of the family.
  • If any member of the family is engaged in drug-related criminal activity involving either drug-trafficking or illegal use or possession of drugs, regardless of whether or not the family member has been arrested or convicted, if the preponderance of evidence indicates that a family member is engaged in drug-related criminal activity. **Note: You may only deny or terminate assistance for drug use or possession by a family member if the criminal act occurred in the last year before your agency gave notice of proposed denial or termination of assistance for this reason. You may not terminate assistance for past use of drugs by a rehabilitated user who has not used drugs in the last year, or an addict who "is recovering, or has recovered from" an addiction.
  • If any member of the family commits violent criminal activity including criminal use of physical force against a person or property.
  • If any member of the family commits violent criminal activity including criminal use of physical force against a person or property, regardless of whether the family member has been arrested or convicted, if the preponderance of evidence indicates that a family member is engaged in drug-related criminal activity.
  • If any member of the family commits fraud, bribery or any other corrupt criminal act in connection with any federal housing program, whether or not such criminal act occurred while the family was participating in the tenant-based program.
  • If the family currently owes rent or other amounts to your housing agency or to another housing agency in connection with Section 8 or public housing assistance under the 1937 Act.
  • If the family has not reimbursed any housing agency for amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease, or if the family breaches an agreement to pay such amounts. **Note: An amount the family "currently owes" is not barred by the statute of limitations.
  • If a family participating in the FSS program fails to comply, without good cause, with the family's FSS contract of participation.
  • If the family has engaged in or threatened abusive or violent behavior toward agency personnel.