yulunda said:
The charge title is domestic violence but they said aggravated assault with a deadly weapon now it is stupid because the charge was dropped and my husband stood in front of the judge and told him she did not have a gun or anything, But section 8 does not care they say if you are arrested at all for any type of crime you are off the program,so tell me do you think I need to get a lawyer involved. Fl
they are saying here:
In determining whether to deny assistance based on drug-related cirminal activity or violent crimial activity, the PHA may deny assistance if the
preponderance of evidence indicates that a family member has engaged in such activity, regardless of whether the family member has been arrested or convicted.
But they have the descretion to make thier decision based on:
In deciding whether to deny or terminate assistance because of action or failure to act by members of the family, the PHA has discretion to consider any of the circumstances in each particular case, including the seriousness of the case, the extent of participation or culpability of individual family members, and the
effects of denial or termination of assistance on other family members who were not involved in the action or failure to act.
The PHA may impose, as
a condition of continued assistance for other family members, a requirement that family members who participated in or were culpable for the action or failure will not reside in the unit. The PHA may permit the other members of a participant family to continue receiving assistance.
With that in mind, maybe you can remind the Housing Authority(HA) that your husband does not reside w/you and that your children (who are the other family members) deserve adequate housing and will be greatly affected by the decision to terminate your (and their) housing assistance.
I found this info on:
http://www.hudclips.org/sub_nonhud/html/pdfforms/7420g05.pdf
And yes I would try to find a lawyer because they can probably better express this to the HA then you. Administration in state agencies have a problem answering to people that they help.....That statement comes from experience. Legal Aid loves case's like this. I was a caseworker for nearly 5 years and Legal Aid assisted people all the time w/public assistance and were successful even in case's that shouldn't have been approved.