Terminating Subsidy for Resident Who Becomes Incarcerated

March 25, 2009

Q Can a current resident, who is the only member of the household, receive Section 8/202 subsidy if she is sent to prison?

Q Can a current resident, who is the only member of the household, receive Section 8/202 subsidy if she is sent to prison?

A No, according to Liz Bramlet, an expert in affordable housing management. Chapter 3 of Handbook 4350.3 says that an owner of a HUD-assisted property cannot provide housing for a resident who is in prison. If you are the site manager, you should terminate the tenancy and pursue a legal eviction. Subsidized programs allow eviction for drug abuse and other criminal activity. You need to give notice when the resident begins legal proceedings. HUD's requirements for giving notice of termination in this situation are outlined in Chapter 8 of the Handbook. Go to Chapter 8 to find out everything you should include in the notice. In addition, says Bramlet, be sure to meet all local legal requirements that are not discussed in the Handbook.

Insider Source

Liz Bramlet: Affordable Housing Consultant; (800) 784-1009; liz@lizbramletconsulting.com.

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