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Chapter XIV: Terminations

Issued: April 2009
Effective: June 1, 2009

Introduction

This policy outlines when Housing Choice Voucher (HCV) program participants must be terminated from the Program.

Section A: Definitions

Actively and Successfully Participating In: Proof in the form of record of attendance, and compliance with all rules of the assisting Program, including no further criminal activity.

Credible Evidence: Includes documentation of drug raids, arrest warrants, or other information obtained from police and/or court records.  Witness testimony can be considered as evidence.

Currently Engaging In: With respect to behavior such as illegal use of a drug or other criminal activity, currently engaging in is defined by MSHDA as having occurred within the last twelve months.

Currently Engaging in Violent Criminal Activity: Any act within the past two years by an applicant or participant household member which involved criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage.

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with a victim based on length or type of relationship or frequency of interaction between the persons.

Domestic Violence: Crimes of violence committed by the current or former spouse of the victim; person similarly situated to a spouse of the victim; person with whom a victim shares a child in common; person who cohabits with or has cohabited with the victim; or by any other person against an adult or youth victim, who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Drug: A controlled substance as defined in Section 102 of the Controlled Substances Act [21 U.S. C. 802].

Drug-Related Activity: The illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute, or use the drug.

Federally Assisted Housing: Housing assisted under any of the following programs:

  1. Public Housing;
  2. Housing received project-based or tenant-based assistance under Section 8 of the U.S Housing Act of 1937 [42 U.S.C. 1437f];
  3. Housing insured, assisted, or held by HUD or by a State or local agency under Section 236 of the National Housing Act [12 U.S.C. 1715z-1].

Household: The family and PHA approved live-in aide [24 CFR Part 982].

Pattern of Abuse: MSHDA defines a pattern of abuse as two or more occurrences of drug or alcohol-related offenses during the previous twelve months.

Stalking: To follow, pursue, place under surveillance, or repeatedly commit acts with intent to kill, injure, harass, or intimidate; and to place a person in reasonable fear of death, serious bodily injury, or emotional harm to that person, their immediate family member(s), spouse or intimate partner.

Violent Criminal Activity: Any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause serious bodily injury or property damage, including but not limited to rape, murder, robbery, arson, and assault.

(Issued April 2009, Effective June 1, 2009)