Common use of CFR 982 Clause in Contracts

CFR 982. 551(i)] It is reasonable that the family may be absent from the public housing unit for brief periods. However, CKHA needs a policy on how long the family may be absent from the unit. Absence in this context means that no member of the family is residing in the unit. CKHA Policy The family must supply any information or certification requested by CKHA to verify that the family is living in the unit, or relating to family absence from the unit, including any PHA-requested information or certification on the purposes of family absences. The family must cooperate with CKHA for this purpose. The family must promptly notify CKHA when all family members will be absent from the unit for an extended period. An extended period is defined as any period greater than 30 calendar days. In such a case promptly means within 10 business days of the start of the extended absence. If a family is absent from the public housing unit for more than 180 consecutive days, and the family does not adequately verify that they are living in the unit; CKHA will terminate the lease for other good cause. Abandonment of the unit. If the family appears to have vacated the unit without giving proper notice, CKHA will follow state and local landlord-tenant law pertaining to abandonment before taking possession of the unit. If necessary, CKHA will secure the unit immediately to prevent vandalism and other criminal activity. Over-Income Families [24 CFR 960.261 and FR 11/26/04, p. 68786] Subject to certain restrictions, HUD authorizes PHAs to evict or terminate the tenancies of families because they are over income. Unless required to do so by local law, CKHA may not evict or terminate the tenancy of a family solely because the family is over income if: (1) the family has a valid contract of participation in the Family Self- Sufficiency (FSS) program, or (2) the family is currently receiving the earned income disallowance. This rule does not require PHAs to evict over-income residents, but rather gives PHAs the discretion to do so thereby making units available for applicants who are income-eligible. CKHA Policy CKHA will not evict or terminate the tenancies of families solely because they are over income. 13-III.D. ALTERNATIVES TO TERMINATION OF TENANCY Exclusion of Culpable Household Member [24 CFR 966.4(l) (5) (vii) (C)] As an alternative to termination of the lease for criminal activity or alcohol abuse HUD provides that CKHA may consider exclusion of the culpable household member. Such an alternative can be used for any other reason where such a solution appears viable in accordance with CKHA Policy. Additionally, under the Violence against Women Reauthorization Act of 2013, the PHA may bifurcate a lease to terminate the tenancy of an individual who is a tenant or lawful occupant of a unit and engages in criminal activity directly related to domestic violence, dating violence, sexual assault, or stalking. CKHA Policy CKHA will consider requiring the tenant to exclude a household member in order to continue to reside in the assisted unit, where that household member has participated in or been culpable for action or failure to act that warrants termination. As a condition of the family’s continued occupancy, the head of household must certify that the culpable household member has vacated the unit and will not be permitted to visit or to stay as a guest in the assisted unit. The family must present evidence of the former household member’s current address upon PHA request. Repayment of Family Debts CKHA Policy If a family owes amounts to CKHA, as a condition of continued occupancy, CKHA will require the family to repay the full amount or to enter into a repayment agreement, within 30 days of receiving notice from CKHA of the amount owed. See Chapter 16 for policies on repayment agreements.

CFR 982. 551(i)] It is reasonable that the family may be absent from the public housing unit for brief periods. However, CKHA needs a policy on how long the family may be absent from the unit. Absence in this context means that no member of the family is residing in the unit. CKHA Policy The family must supply any information or certification requested by CKHA to verify that the family is living in the unit, or relating to family absence from the unit, including any PHA-requested information or certification on the purposes of family absences. The family must cooperate with CKHA for this purpose. The family must promptly notify CKHA when all family members will be absent from the unit for an extended period. An extended period is defined as any period greater than 30 calendar days. In such a case promptly means within 10 business days of the start of the extended absence. If a family is absent from the public housing unit for more than 180 consecutive days, and the family does not adequately verify that they are living in the unit; CKHA will terminate the lease for other good cause. Abandonment of the unit. If the family appears to have vacated the unit without giving proper notice, CKHA will follow state and local landlord-tenant law pertaining to abandonment before taking possession of the unit. If necessary, CKHA will secure the unit immediately to prevent vandalism and other criminal activity. Over-Income Families [24 CFR 960.261 and FR 11/26/04, p. 68786] Subject to certain restrictions, HUD authorizes PHAs to evict or terminate the tenancies of families because they are over income. Unless required to do so by local law, CKHA may not evict or terminate the tenancy of a family solely because the family is over income if: (1) the family has a valid contract of participation in the Family Self- Sufficiency (FSS) program, or (2) the family is currently receiving the earned income disallowance. This rule does not require PHAs to evict over-income residents, but rather gives PHAs the discretion to do so thereby making units available for applicants who are income-eligible. CKHA Policy CKHA will not evict or terminate the tenancies of families solely because they are over income. 13-III.D. ALTERNATIVES TO TERMINATION OF TENANCY Exclusion of Culpable Household Member [24 CFR 966.4(l) (5) (vii) (C)] As an alternative to termination of the lease for criminal activity or alcohol abuse HUD provides that CKHA may consider exclusion of the culpable household member. Such an alternative can be used for any other reason where such a solution appears viable in accordance with CKHA Policy. Additionally, under the Violence against Women Reauthorization Act of 2013, the PHA may bifurcate a lease to terminate the tenancy of an individual who is a tenant or lawful occupant of a unit and engages in criminal activity directly related to domestic violence, dating violence, sexual assault, or stalking. CKHA Policy CKHA will consider requiring the tenant to exclude a household member in order to continue to reside in the assisted unit, where that household member has participated in or been culpable for action or failure to act that warrants termination. As a condition of the family’s continued occupancy, the head of household must certify that the culpable household member has vacated the unit and will not be permitted to visit or to stay as a guest in the assisted unit. The family must present evidence of the former household member’s current address upon PHA request. Repayment of Family Debts CKHA Policy If a family owes amounts to CKHA, as a condition of continued occupancy, CKHA will require the family to repay the full amount or to enter into a repayment agreement, within 30 days of receiving notice from CKHA of the amount owed. See Chapter 16 for policies on repayment agreements.

CFR 982. 551(i)] It is reasonable that the family may be absent from the public housing unit for brief periods. However, CKHA the PHA needs a policy on how long the family may be absent from the unit. Absence in this context means that no member of the family is residing in the unit. CKHA Policy FHA POLICY The family must supply any information or certification requested by CKHA the PHA to verify that the family is living in the unit, or relating to family absence from the unit, including any PHA-requested information or certification on the purposes of family absences. The family must cooperate with CKHA the PHA for this purpose. The family must promptly notify CKHA the PHA when all family members will be absent from the unit for an extended period. An extended period is defined as any period greater than 30 calendar days. In such a case promptly means within 10 business days of the start of the extended absence. If a family is absent from the public housing unit for more than 180 consecutive days, and the family does not adequately verify that they are living in the unit; CKHA , the PHA will terminate the lease for other good cause. Abandonment of the unit. ; If the family appears to have vacated the unit without giving proper notice, CKHA the PHA will follow state and local landlord-tenant law pertaining to abandonment before taking possession of the unit. If necessary, CKHA the PHA will secure the unit immediately to prevent vandalism and other criminal activity. Over-Income Families [24 CFR 960.261 and 960.261; FR 11/26/04Notice 7/26/18]; Notice PIH 2019-11] The Housing Opportunity Through Modernization Act (HOTMA) of 2016 placed an income limitation on public housing tenancies. The over-income requirement states that after a family’s income has exceeded 120 percent of area median income (AMI) (or a different limitation established by the secretary) for two consecutive years, p. 68786] Subject to certain restrictions, HUD authorizes PHAs to evict or the PHA must either terminate the tenancies family’s tenancy within six months of families because they are over income. Unless required to do so by local lawthe determination, CKHA may not evict or terminate the tenancy of a family solely because charge the family a monthly rent that is over the higher of the applicable fair market rent (FMR) or the amount of monthly subsidy for the unit, including amounts from the operating and capital funds, as determined by regulations. Notice PIH 2019-11 also requires that PHAs publish over-income if: limits in their ACOP and update them no later than 60 days after HUD publishes new income limits each year. The over- income limit is calculated by multiplying the very low-income limit (1VLI) by 2.4, as adjusted for family size. PHAs also have discretion under 24 CFR 960.261, to adopt policies allowing termination of tenancy for families whose income exceeds the family has a valid contract of participation limit for program eligibility. Such policies would exempt families participating in the Family Self- Self-Sufficiency (FSS) program, program or (2) the family is currently receiving the earned income disallowance. This rule does not require PHAs to evict FHA POLICY At annual or interim reexamination, if a family’s adjusted income exceeds the applicable over-income residentslimit, the PHA will document the family file and begin tracking the family’s over-income status. If one year after the applicable annual or interim reexamination the family’s income continues to exceed the applicable over-income limit, the PHA will notify the family in writing that their income has exceeded the over-income limit for one year, and that if the family continues to be over-income for 12 consecutive months, the family will be subject to the PHA’s over-income policies. If two years after the applicable annual or interim reexamination the family’s income continues to exceed the applicable over-income limit, the PHA will charge the family a rent that is the higher of the applicable fair market rent (FMR) or the amount of monthly subsidy for the unit. The PHA will notify the family in writing of their new rent amount. The new rent amount will be effective 30 days after the PHA’s written notice to the family. If, at any time, an over-income family experiences a decrease in income, the family may request an interim redetermination of rent in accordance with FHA POLICY. If, as a result, the previously over-income family is now below the over-income limit, the family is no longer subject to over-income provisions as of the effective date of the recertification. The PHA will notify the family in writing that over-income policies no longer apply to them. If the family’s income later exceeds the over-income limit again, the family is entitled to a new two-year grace period. The PHA will begin tracking over-income families once these policies have been adopted, but rather gives PHAs the discretion to do so thereby making units available for applicants who are income-eligibleno later than March 24, 2019. CKHA Policy CKHA The PHA will not evict or terminate the tenancies of families solely because they are over income. 13-III.D. ALTERNATIVES TO TERMINATION OF TENANCY Exclusion of Culpable Household Member [whose income exceeds the income limit for program eligibility as described at 24 CFR 966.4(l) (5) (vii) (C)] As an alternative to termination 960.261. The PHA will rely on the following over-income limits. These numbers will be updated within 60 days of the lease HUD publishing new income limits each year and will be effective for criminal activity or alcohol abuse HUD provides that CKHA may consider exclusion of the culpable household memberall annual and interim reexaminations once these policies have been adopted. Such an alternative can be used for any other reason where such a solution appears viable in accordance with CKHA Policy. Additionally, under the Violence against Women Reauthorization Act of 2013Over- Income Limit For families larger than 8 persons, the PHA may bifurcate a lease to terminate over-income limit will be calculated by multiplying the tenancy of an individual who is a tenant or lawful occupant of a unit and engages in criminal activity directly related to domestic violence, dating violence, sexual assault, or stalking. CKHA Policy CKHA will consider requiring the tenant to exclude a household member in order to continue to reside in the assisted unit, where that household member has participated in or been culpable for action or failure to act that warrants termination. As a condition of the family’s continued occupancy, the head of household must certify that the culpable household member has vacated the unit and will not be permitted to visit or to stay as a guest in the assisted unit. The family must present evidence of the former household member’s current address upon PHA request. Repayment of Family Debts CKHA Policy If a family owes amounts to CKHA, as a condition of continued occupancy, CKHA will require the family to repay the full amount or to enter into a repayment agreement, within 30 days of receiving notice from CKHA of the amount owed. See Chapter 16 for policies on repayment agreementsapplicable very-low income limit by 2.4.

CFR 982. 551(i)] It is reasonable that the family may be absent from the public housing unit for brief periods. However, CKHA needs a policy on how long the family may be absent from the unit. Absence in this context means that no member of the family is residing in the unit. CKHA Policy The family must supply any information or certification requested by CKHA to verify that the family is living in the unit, or relating to family absence from the unit, including any PHA-requested information or certification on the purposes of family absences. The family must cooperate with CKHA for this purpose. The family must promptly notify CKHA when all family members will be absent from the unit for an extended period. An extended period is defined as any period greater than 30 calendar days. In such a case promptly means within 10 business days of the start of the extended absence. If a family is absent from the public housing unit for more than 180 consecutive days, and the family does not adequately verify that they are living in the unit; CKHA will terminate the lease for other good cause. Abandonment of the unit. If the family appears to have vacated the unit without giving proper notice, CKHA will follow state and local landlord-tenant law pertaining to abandonment before taking possession of the unit. If necessary, CKHA will secure the unit immediately to prevent vandalism and other criminal activity. Over-Income Families [24 CFR 960.261 and FR 11/26/04, p. 68786] Subject to certain restrictions, HUD authorizes PHAs to evict or terminate the tenancies of families because they are over income. Unless required to do so by local law, CKHA may not evict or terminate the tenancy of a family solely because the family is over income if: (1) the family has a valid contract of participation in the Family Self- Sufficiency (FSS) program, or (2) the family is currently receiving the earned income disallowance. This rule does not require PHAs to evict over-income residents, but rather gives PHAs the discretion to do so thereby making units available for applicants who are income-eligible. CKHA Policy CKHA will not evict or terminate the tenancies of families solely because they are over income. 13-III.D. ALTERNATIVES TO TERMINATION OF TENANCY Exclusion of Culpable Household Member [24 CFR 966.4(l) (5) (vii) (C)] As an alternative to termination of the lease for criminal activity or alcohol abuse HUD provides that CKHA may consider exclusion of the culpable household member. Such an alternative can be used for any other reason where such a solution appears viable in accordance with CKHA Policy. Additionally, under the Violence against Women Reauthorization Act of 2013, the PHA CKHA may bifurcate a lease in order to terminate the tenancy of an individual who is a tenant or lawful occupant of a unit and engages in criminal activity directly related to domestic violence, dating violence, sexual assault, or stalking. CKHA Policy CKHA will consider requiring the tenant to exclude a household member in order to continue to reside in the assisted unit, where that household member has participated in or been culpable for action or failure to act that warrants termination. As a condition of the family’s continued occupancy, the head of household must certify that the culpable household member has vacated the unit and will not be permitted to visit or to stay as a guest in the assisted unit. The family must present evidence of the former household member’s current address upon PHA request. Repayment of Family Debts CKHA Policy If a family owes amounts to CKHA, as a condition of continued occupancy, CKHA will require the family to repay the full amount or to enter into a repayment agreement, within 30 days of receiving notice from CKHA of the amount owed. See Chapter 16 for policies on repayment agreements.