24 CFR 582.320 : Housing And Urban Development (§ 0.1 To Parts 4101-4199) — (§ 500.1 To Parts 600-699) — Regulations Relating To Housing And Urban Development (Continued) (§ 500.1 To Parts 600-699) — Office Of Assistant Secretary For Community Planning And Development, Department Of Housing And Urban Development (§ 500.1 To § 599.513) — Community Facilities (§ 570.1 To § 599.513) — Shelter Plus Care (§ 582.1 To § 582.410) — Program Requirements (§ 582.300 To § 582.340) — Termination of assistance to participants.

4 Aug 2016

(a) Termination of assistance. The recipient may terminate assistance to a participant who violates program requirements or conditions of occupancy. Recipients must exercise judgment and examine all extenuating circumstances in determining when violations are serious enough to warrant termination, so that a participant's assistance is terminated only in the most severe cases. Recipients are not prohibited from resuming assistance to a participant whose assistance has been terminated.

(b) Due process. In terminating assistance to a participant, the recipient must provide a formal process that recognizes the rights of individuals receiving assistance to due process of law. This process, at a minimum, must consist of:

(1) Written notice to the participant containing a clear statement of the reasons for termination;

(2) A review of the decision, in which the participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and

(3) Prompt written notice of the final decision to the participant.

24 CFR 582.320