4) Persons reasonably connected to, or associated with, court proceedings. For court proceedings, disclosures may be made to the extent necessary. E. If the SFHA‘s decision to evict a tenant is based on criminal record information from a State or local agency, the SFHA must notify the head of household of the proposed action and: 1) Supply the subject of the record and the tenant with a copy of the information; and 2) Provide the opportunity for the tenant to dispute the accuracy and relevance of the information. The opportunity shall be presented before the actual eviction action.
12.10 Records management A. The SFHA shall maintain a system of record management that criminal records received from a law enforcement agency are: 1) Maintained confidentially; 2) Not misused or improperly disseminated; 3) Destroyed once the purpose for which the record was requested has been accomplished. This includes an expiration period for filing a challenge to SFHA action if the challenge/litigation is not instituted.
12.11 Grievance A. When disputes arise between a resident and the SFHA concerning an action or failure to act in accordance with the Residential Lease Agreement and Contract, residents will, in most cases, have the opportunity to resolve this dispute through a grievance hearing according to the SFHA‘s Grievance Procedures. (see Appendix B.) [24 CFR 966.50.] B. Grievance procedures will not apply to eviction or termination of tenancy cases involving the following: Any criminal activity on or off SFHA property that threatens the health or safety of other residents of the SFHA, Employees or Contractors of the SFHA, persons on or near SFHA property, or any member of a law enforcement agency; Any criminal activity on or off the SFHA property that threatens the rights of other SFHA residents to peaceful enjoyment of SFHA property, committed by the Tenant, any Household Member, any Guest, or any person under the Tenant‘s control. Any violent criminal activity, or drug-related criminal activity, on or off SFHA property, committed by the Tenant, any Household Member, any Guest, or any person under the Tenant‘s control. Any criminal activity that resulted in felony conviction of a household member.‖ [24 CFR 966.51]
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UTILITIES
In some of the SFHA‘s developments, residents pay the cost of utilities directly to the supplier of utilities (―Resident Paid Utilities‖). When this is the case, resident rents are reduced by an Allowance for Utilities that is developed by the SFHA in consultation with the utility supplier and reviewed by HUD. [24 CFR 965 & 966.4 (b)(2)]
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