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e Protections for Victims ofAhnsa
<br />(1) An incident or incidents of actual or threatened
<br />domestic violence, dating vioteeoe, or sWkmg will
<br />not be construed as sous or mpeaM1d violations of
<br />the lease or other -good cause" for te®inatton of
<br />the assistance, teoaocy, w oceupaucytigbts of such
<br />avictim.
<br />(2) C�*"'mT activity directly relating to abuse, cnga„eed
<br />in by a member of a tenant's household or any
<br />guest or other person under the tersars contot
<br />Shall not be cause for termination of assistance,
<br />tenancy. or occupancy rights if the tenant or an
<br />®mediate member of the tenants family is the
<br />victim or threatened victim of domestic violence,
<br />datmgmolwce, or stalling.
<br />(3) NotwithMa. nd any restrictions on admission,
<br />occupancy, or ttrminat• ns of occupancy or
<br />as95ance, or say Federal, State m local law to [be
<br />contrary, a PHA, owner or manager may
<br />"bifurcate" a lease, or otherwise remove a
<br />household member Sam a lease, without regard to
<br />whether a household member is a signntory to the
<br />lease, in order to evict, remove, terminate
<br />occupancy rights, or termate in a«icn,nr. to any
<br />bxNdual who is a tenant or lawful occupant and
<br />wbo engages in criminal acts of physical violence
<br />against family members or others. This action may
<br />be taken without evicting removing tnrminafi g
<br />assishance to, or otherwise peoaliang the victim of
<br />the violence who is also a tenant or lawful
<br />occupant Such eviction, removal, tem oration of
<br />ooarpaac5' rights, or termination of assistance shall
<br />be effected m accordance with the procedures
<br />prescribed by Federal, State, and local law fm the
<br />termination of ]eases or assistance under the
<br />]musing choice voucher program
<br />(4) Nothing in this section may be construed to limit
<br />the aubmity of a public homng agency, owner, or
<br />manager, when noticed, to honor court orders
<br />addressing rights of access or control of the
<br />property, including civil protection orders issued to
<br />protect the victim and issued to address the
<br />distribution or possession of property among the
<br />bousehold members m cases where a family break,
<br />UP-
<br />(5) Nothing in this section limits any otherwise
<br />available aubority of an owner or manager to evict
<br />or the public housing agency to terminate
<br />anWance to a tcnani for any violation of a lease
<br />not premised on the act or acts of violence in
<br />question Against the tenant or a member of the
<br />teoaat's household, provided that the owner,
<br />manager, or public housing agency does not subject
<br />an individual who is or has been n victim of
<br />domestic viclmr daring violencq or Slalk,;ing to a
<br />more demanding standard than other tenants in
<br />defining whethwm eykd mterminate.
<br />(6) Nothing in this section may be construed to limit
<br />the avtbority of an owner or manager to evict or
<br />the public housing agency to tam in assisancc,
<br />to any tenant if the owner, manager, or public
<br />Previous edrdons are obsolete
<br />housing agency can demonstrate an actual and
<br />imminent threat to othericoaots or those employed
<br />at or providing service to the propertyfftbe tenant
<br />is not evicled or terminated fi'orn aacista
<br />(7) Nothing in this section shall be construed to
<br />supersede any provision of any FedemL State, or
<br />local law that provides greater protmarm than this
<br />section for victims of domestic violence, dating
<br />violence, or stalldog.
<br />Z Eviction by court anion The owner may ontymictthe
<br />tenant by a count action
<br />g. Owner notice of grounds
<br />(1) At or before the beginning of a court action to
<br />evict the tenant, the owner must give the
<br />tenant a notice that Specifies the grounds for
<br />ftclemallon of icy Ile notice may be
<br />included in or combined with any owner
<br />eviction notice.
<br />(2) The owner must give the PHA a copy of nay
<br />owner eviction notice at the same time the
<br />owner Entities the teoent
<br />(3) Evictba notice meam a notice to vacatr or a
<br />complaint or otber initial pleading used to
<br />begin an eviction action under State or local
<br />law.
<br />9. Lease: Relation to HAP Contract
<br />If the HAP contract terminates for any reason, the lease terminans
<br />.Ttnmatically.
<br />10. PHATermiumtionofAssistance
<br />The PHA may terminate program assistance for the family for any
<br />grounds anflvi • . i in accordance wath MM regmremcotr, If the PHA
<br />m-nn'natn program assistance for the family, the lease to o nar s
<br />ampmatically
<br />11. Family Move Out
<br />The tenant must notify the FHA and the owner before the family moves
<br />out of Poe unit
<br />12 Security Deposit
<br />a The owner may ,�FJaA�� deposit from the
<br />from co may pmlubd ft owner
<br />blasting a security deposit in excess of
<br />private mmiet practice, or m excess of amounts
<br />charged by the owner to unassisted tenants. Any
<br />such PRA-reTured restriction must be specified in
<br />the HAP contract)
<br />h When the family moves out of the motsct unfit the
<br />owrer, subject to Slate and local law, may use the
<br />security deposit including any interest on the
<br />deposit, as reimbursement for any unpaid rent
<br />payable by the tenant any damages to the unit or
<br />any other am ts oun that the tenant owes ruder the
<br />I
<br />ease.
<br />a The owner must give the tenant a list of all items
<br />charged agemsttthe accurity deposit and the ammnrt
<br />of each item ARer deducting the amount if art
<br />used to reimburse the owner, the owner must
<br />Promptly refund the till amount of the umtued
<br />halance to the tenant
<br />form h10D•152641 -A (=Dog)
<br />ref Handbook 7420'.a
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