Chapter V: Denials


Section B: Mandatory Applicant Denials

Deny assistance to all applicants if any of the following circumstances apply:

1. Not meeting Eligibility Criteria or Family Requirements (individual HUD references in parentheses)
  1. No member of the family is a U.S. Citizen or eligible immigrant. Applicant household does not meet the eligibility criteria as defined by HUD, including but not limited to, documentation of citizenship, or eligible immigration status. [24 CFR 982.552]

    A family that includes eligible and ineligible individuals is called a “mixed family.” Mixed family applicants will be given notice that their assistance will be prorated and that they may request a hearing if they contest this determination.

  2. Any family member refuses to sign or submit HUD-required consent forms, including the Release of Information form (HUD 9886), all supplemental forms required by MSHDA, declarations and consents related to citizenship/immigration status, and/or verification forms. [24 CFR 982.552]
  3. Applicant household does not meet the Social Security number disclosure, documentation and certification requirements. [24 CFR 5.218]
  4. Family violates family obligations under the program including failure to provide true and complete information. [24 CFR 982.552 (c)(i) and 24 CFR 981.551(b)(4).
  5. Applicant household does not meet income eligibility requirements. [24 CFR 982.201]
  6. Families for whom the greater of 10% of unadjusted or 30% of adjusted income exceeds the Payment Standard. [24 CFR 5.628]
  7. If any family member fails to meet the eligibility requirements concerning individuals enrolled in an institution of higher education (students) as specified in 24 CFR 5.612 and 982.552. No assistance shall be provided under Section 8 of the 1937 Act to any individual who:
    1. Is under 24 years of age;
    2. Is not a veteran of the United States military;
    3. Is unmarried;
    4. Does not have a dependent child; and
    5. Is not otherwise individually eligible, or has parents who, individually or jointly, are not income-eligible to receive assistance under Section 8 of the United State Housing Act of 1927.
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2. Drug Related or Criminal Activity including Illegal Use of a Drug, Violent Criminal Activity or Other Criminal Activity (see 24 CFR 982.552; 24 CFR 982.553)
  1. The applicant or any household member has been evicted from a unit in any type of federally-assisted housing, for drug related criminal activity within the last three years. [24 CFR 982.553(a)(1)(i)] However, a family may be admitted to the program if the family member causing the eviction due to drug-related criminal activity:
    1. has successfully completed or is actively and successfully participating in a supervised drug rehabilitation program approved by MSHDA. The applicant is required to submit evidence of their or their household member’s current participation in, or completion of, a drug rehabilitation program; or
    2. is no longer a member of the household.
  2. There is reasonable cause to believe that the applicant, or any member of the household, is currently engaging in the illegal use of a drug. A family may be admitted to the program if the family member causing the denial due to drug-related activity has successfully completed or is actively and sucessfully participating in a supervised drug rehabilitation program approved by MSHDA, or no longer resides in the household. [24 CFR 982.553(a)(1)(ii)(A)]
  3. There is reasonable cause to believe that any member of the household’s illegal use or pattern of illegal drug use may threaten the health, safety, or right of peaceful enjoyment of the neighborhood by other residents. [24 CFR 982.553(a)(1)(ii)(B)]
  4. Any household member is subject to a lifetime registration requirement under a state sex offender registration program.[24 CFR 982.553(a)(2)(i)]. This is a permanent prohibition of admission. A sex offender must register for their lifetime in the State of Michigan when convicted of any of the following offenses:
    • Criminal Sexual Conduct 1st Degree (M.C.L. 750.520b)
    • Criminal Sexual Conduct 2nd Degree (M.C.L. 750.520c(1)(a)
    • Kidnapping (M.C.L. 750.346)
    • Leading, Taking, Carrying Away, Decoying, or Enticing Away Child Under 14 (M.C.L. 750.350)
    • Child Sexually Abusive Activity or Material (M.C.L. 750.145c(2))
    • Child Sexually Abusive Activity or Material (M.C.L. 750.145c(3))
    • In addition, Offenders who are convicted of any second or subsequent sex offense must register for their lifetime.
  5. Persons convicted of manufacturing or producing methamphetamine on the ‘premises’ of federally assisted housing are permanently prohibited admission to the HCV program. [24 CFR 982.553(a)(1)(ii)(C)].
  6. There is reasonable cause to believe that a household member currently engages in, or has engaged in during the past 12 months, drug-related criminal activity, or other criminal activity which may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity; or, the owner, property management staff, or persons performing a contract administration function or responsibility on behalf of the PHA (including a PHA employee; or a PHA contractor, subcontractor, or agent. [24 CFR 982.553(a)(2)(ii)(A)(1,3,4)].
  7. There is reasonable cause to believe that a household member currently engages in, or has engaged in during the past two years, violent criminal activity. [24 CFR 982.553(a)(2)(ii)(A)(2)].
  8. Information is provided that shows any household member is engaged in or has been engaged in drug-related activity within the past 12 months. [24 CFR 982.553(a)(2)(ii)(A)]
  9. The family has engaged in or threatened abusive or violent behavior toward MSHDA personnel (including contracted agents), including verbal or the threat of physical abuse or violence. Threatening behavior includes oral or written threats or physical gestures that communicate an intent to abuse, or commit violence. Use of expletives that are generally considered insulting, racial epithets, or other language, written or oral, that is customarily used to insult or intimidate, may also be considered grounds for denial. [24 CFR 982.552 (c)(1)(ix)]

    If a HA or other MSHDA staff person is the victim of abusive behavior (verbal or physical) by an applicant, the incident must be reported immediately to the assigned Resource Specialist. Abusive behavior by applicants will not be tolerated. If criminal charges are warranted, the threatened individual should pursue filing a complaint with local authorities. Criminal activity and fraud relative to the program will also not be tolerated, and should be reported to the Compliance Enforcement Coordiator immediately.

Juveniles: If it is learned that a juvenile family member has been charged as an adult in a crime, MSHDA will consider the situation on a case-by-case basis. Consult with the Resource Specialist and Compliance Enforcement Coordinator for guidance. Emancipated minors should be considered an adult and screened.

Michigan Department of Corrections’ Michigan Prisoner ReEntry Initiative (MPRI): In the case of a HARP referral, and the MPRI participation box is checked on the Certificate of Eligibility, the HA contacts the applicant via the 1634a with a copy to the MPRI representative to notify them that the applicant/MPRI client has reached the top of the HCV waiting list, and the applicant has reached verification status.

Proceed with the standard verification process, i.e., send the MSHDA 1890, HUD 9886, MSHDA 214, and collect the required documents. Conduct the criminal screening and if there is an issue as to the applicant’s eligibility based on their criminal history, i.e., those issues that require a judgment to assess the risk to the health, safety, and peaceable enjoyment of the neighborhood by other residents, then make contact with the applicant and the MPRI Representative. The MPRI Representative will confirm the applicant’s successful participation with MPRI and supplies verification of the applicant’s participation with MPRI within the 14-day designated time frame specified on the MPRI/TBRA Status Verification form (MSHDA 537). The MSHDA-537 will be used as the verification document. Once the HA documents the contact with the MPRI Representative and verifies receipt of the MPRI participation via MSHDA-537, HA continues with the standard application process. If, however, HA efforts to contact the MPRI Representative fail or there is no response to the MSHDA-537, HA sends the Denial of Assistance notification citing the failure to pass the criminal screening to the applicant and MPRI Representative.

Tenant Based Rental Assistance Program (TBRA): In the case of a HARP referral, and the TBRA participation box is checked on the Certificate of Eligibility, the HA contacts the applicant via the 1634a with a copy to the Lead Agency/Service Provider contact to notify them that the applicant/client has reached the top of the HCV waiting list, and the applicant has reached verification status.

Proceed with the standard verification process, i.e., send the MSHDA 1890, HUD 9886, MSHDA 214, and collect the required documents. Conduct the criminal screening and if there is an issue as to the applicant’s eligibility based on their criminal history, i.e., those issues that require a judgment to assess the risk to the health, safety, and peaceable enjoyment of the neighborhood by other residents, then make contact with the applicant and the Lead Agency/Service Provider contact. The Lead Agency/Service Provider contact will confirm the applicant’s successful participation with TBRA and supplies verification of the applicant’s participation with TBRA within the 14-day designated time frame specified on the MPRI/TBRA Status Verification form (MSHDA-537). The MSHDA 537 will be used as the verification document. Once the HA documents the contact with the Lead Agency/Service Provider, and verifies receipt of the TBRA participation via MSHDA-537, HA continues with the standard application process. If, however, HA efforts to contact the Lead Agency/Service Provider fail or there is no response to the MSHDA 537, HA sends the Denial of Assistance notification citing the failure to pass the criminal screening to the applicant and Lead Agency/Service Provider. TBRA participants who have a recent criminal history and who are not receiving or participating in supportive services, or who do not have a housing plan will be denied.

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3. For Alcohol Abuse (see 24 CFR 982.551)

Admission to the program must be prohibited if MSHDA determines that there is reasonable cause to believe that any member of the household has demonstrated abuse or a pattern of alcohol abuse that threatens the health, safety, or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises.

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