Section 0770-01-05-.20 - OBLIGATIONS OF PARTICIPANTS (24 C.F.R. 982.551)(1) Family Obligations.(a) In order to be approved as and remain participants of the HCV Program, families and their households must agree to and abide by program obligations.(b) These obligations are stated in the Grounds for Denial/Termination and Notice of Family Responsibilities form that is given to families at initial admission and they are stated on the voucher.(c) Supplying Required Information.1. The household must supply any certification, release, information, or documentation the THDA or HUD determines is necessary for use in the administration of the program, initial eligibility, regularly scheduled reexaminations, and interim reexaminations, including, but not limited to, submission of required evidence of citizenship, eligible immigration status, family income and composition in accordance with HUD requirements.2. The household must disclose and verify social security numbers and must sign and submit consent forms for obtaining necessary information.3. Any information supplied by the household must be true and complete.4. The information requested must be supplied within the time allowed, which is usually fourteen (14) calendar days, unless otherwise specified.(d) Absence from the Unit. The household must supply any information requested by the THDA to verify that the household is living in the unit or relating to absence from the unit. The household must notify the THDA in writing prior to any of absence from the unit that will exceed fourteen (14) calendar days. In determining whether the household has been absent for more than the allotted time, the THDA's determination will be by a preponderance of the evidence and will include, but is not limited to, the following factors:1. Whether the household has been absent from the unit for fourteen (14) or more days consecutively;2. Whether rent is behind or not being paid;3. Whether utilities are turned off;4. Whether household furnishings are not present; or5. Whether the owner has reported that the household is absent from the unit.(e) Use and Occupancy of the Unit. The household must use the assisted unit for residence by the family's household only and the unit must be the family's only residence. In determining whether the assisted unit is the family's sole residence, the THDA will consider the factors included above under Absence from the Unit and including, but not limited to: 1. Whether the utility bill is extremely low for current weather conditions over a three-month time frame or longer (e.g. in winter, the electric or gas bill is extremely low even though the weather is consistently inclement); or2. A household member has interest in another residential property or utilities are turned on in a household member's name at another residential property.(f) Household Composition. The composition of the assisted family's household residing in the unit must be approved by the THDA.(g) Change in Household Composition. 1. The household must request the approval of the THDA and the owner to add any other household member as an occupant of the unit, including new, current, or former spouses, co-heads, other adults, other children, foster children, and live-in aides, but excluding members added due to birth, adoption, or court-awarded custody of a child. However, as long as a new spouse is program eligible, they may be added to the household, and if they would overcrowd the unit, the THDA will terminate the HAP contract and issue a voucher to relocate.2. The household must inform the THDA and the owner of the birth, adoption, court-awarded custody of a child within thirty (30) days of such occurrence.3. The household must notify the THDA with 30 days if any household member no longer resides in the unit.(h) Allowing Inspection of the Unit. The household must allow the THDA or its agent to inspect the unit at reasonable times and after reasonable notice.(i) Tenant Family Responsibilities under the Lease. The household must comply with all responsibilities attributed to the tenant under the lease. The tenant family must pay utility bills that are the tenant's responsibility and supply appliances that the owner is not required to provide under the lease.(j) Family Notice of Move or Lease Termination. The household must notify the THDA and the owner in writing at least thirty (30) days before the family vacates the unit or terminates the lease. 24 C.F.R. 982.314(d) . If a notice to vacate is not given in writing, then the household is considered to have moved without notice.(k) Owner Eviction Notice. The household must promptly give the THDA a copy of any owner eviction notice.(2) Prohibited Activities.(a) Violation of Lease. The household may not commit any serious or repeated violation of the lease.(b) Profitmaking Activities on Premises. Members of the household may engage in legal profitmaking activities in the unit, but only if such activities are incidental to the primary use of the unit for residence by members of the household and do not violate the lease.(c) Sublease/Assignment. The household must not sublease or let the unit, assign the lease, or transfer the assisted unit.(d) Interest in the Unit. No household member may own or have any interest in the assisted unit, except for Homeownership Voucher Program participants.(e) Fraud or Other Program Violations. The members of the household must not commit fraud, bribery or any other corrupt or criminal act in connection with the HCV Program.(f) Other Housing Assistance. An assisted family may not receive Section 8 tenant-based assistance while any member of the household is receiving another housing subsidy, for the same unit or for a different unit, under any federal, state or local housing assistance program which HUD determines to be duplicative.(g) HQS Breach Caused by the Family Household. The family is responsible for an HQS breach caused by the family household, which is outside of normal wear and tear. (24 C.F.R. 982.404(b)).(h) Crime by Household Members. The members of the household may not engage in drug-related criminal activity or violent criminal activity or other criminal activity that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises (see § 982.553).(i) Alcohol Abuse by Household Members. The members of the household must not abuse alcohol in a way that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises.(j) Threatening and Abusive Behavior towards the THDA. The members of the household must not engage in threatening or abusive behavior toward the THDA staff.(3) Appointment Policy. (a) The THDA will provide written notification of any appointment, other than re-inspection appointments or rescheduled appointments, no less than ten (10) business days in advance. Re-inspection or rescheduled appointments may be scheduled by phone, but a written notation will be made in the tenant file.(b) When the THDA must cancel a previously scheduled appointment, at least a twenty-four (24) hour notice will be given to the tenant or owner, except in an emergency notification may be given the day of the appointment.(c) Appointment letters are mailed by regular USPS mail or sent via electronic communication (email/fax), as are all other required notices.(4) Mail Policy. (a) Notices are served by USPS first class mail or by electronic communication (email, fax, etc.) to the address the THDA has been provided by the household unless: 1. Electronic communication is the only means by which the THDA can reach the applicant or participant (i.e., household moves without notice; is evicted, etc.).(b) Delivery of the notice is complete upon deposit in a mailbox or electronic communication transmittal. If the household requests proof of delivery, the delivery may be established prima facie by affidavit, certificate of service of mailing by the staff person who mailed the notice, or THDA email records.(c) The household shall bear the burden of proof where it is alleged that the address to which the THDA mailed the notice was not the proper address, or where the household claims that the notice was not received due to circumstances beyond the household's control.(d) Sufficient proof shall include, but is not limited to, an affidavit, sworn and notarized, from the postmaster for the local post office responsible for delivering the mail to the household's address that there have been problems with delivery that might have caused the notice to not be properly delivered.(5) Missed Appointment Policy. (a) The THDA and its agents set appointments for families to provide requested documentation and to allow the unit to be inspected, as is required of the family under HUD regulations and outlined under sections (1)(c) and (1)(h) above.(b) An initial appointment will be scheduled and the family will be mailed an appointment letter at least ten days before the appointment.(c) The family may miss or reschedule the initial appointment for any reason.(d) If the family reschedules or misses the initial appointment, a second appointment is scheduled and a new appointment letter will be mailed.(e) If an applicant or a participant family misses a second appointment during any initial certification, interim, or recertification period, then a denial or termination letter will be mailed for failure to supply the information requested or failure to allow the unit to be inspected, unless the family provides the THDA with documentation of a medical emergency or death of an immediate family member that occurred on or within three (3) days prior to the second appointment. If documentation of such an event is received within fourteen calendar days of the missed second appointment, the denial or termination will be rescinded.(f) The applicant or participant will be given an opportunity for an informal review or informal hearing if requested in accordance with this plan.(6) Missed Appointments: Housing Quality Standards (HQS) Inspections (a) Family-Caused Delay. It will be considered a missed appointment and the HQS inspection will not be conducted if an adult representative (age 18 or older) is not present for the scheduled inspection. A Missed Inspection Notice will be left on the participant's residence door.(b) A participant may miss the first HQS inspection for any reason. 1. If the participant notifies the inspector that no one is able to be present at the first scheduled inspection, a Notice of Rescheduled HQS Inspection will be mailed or emailed to the participant.2. If the participant does not notify the inspector that no one is able to be present for the HQS inspection prior to the inspection, and there is no one present for the inspection, a Missed Inspection Notice will be left on the door of the participant's residence and a Notice of Rescheduled Appointment will be mailed or emailed to the participant.(c) After the first missed appointment, a Notice of Rescheduled Inspection will be mailed or emailed to the owner and the participant and a new HQS inspection will be automatically scheduled within fourteen (14) business days of the missed appointment.(d) If the family misses two HQS inspection appointments during the annual inspection period, the family's assistance will be terminated, unless the second absence is due to a verified medical emergency of a household member. See the THDA's Missed Appointment Policy and Medical Emergency Exception for requirements, 0770-01-05-.20(5)(e).(e) If assistance is terminated due to two missed HQS inspection appointments, failure to repair, or emergency HQS inspection and the participant requests a hearing, one additional HQS inspection will be scheduled pending the outcome of the informal hearing.Tenn. Comp. R. & Regs. 0770-01-05-.20
Original rule filed May 16, 1980; effective June 30, 1980. Repeal filed September 28, 2004; effective December 12, 2004. Repeal and new rule filed June 4, 2015; effective September 2, 2015. Amendments filed October 5, 2018; effective January 3, 2019. Amendments filed June 11, 2024; effective 9/9/2024.Authority: T.C.A. §§ 13-23-104 and 13-23-115(18), 42 U.S.C. § 1437, and 24 C.F.R., Part 982.