[Code of Federal Regulations]

[Title 24, Volume 3]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR582.320]



[Page 246]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 

        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 582_SHELTER PLUS CARE--Table of Contents

 

                     Subpart D_Program Requirements

 

Sec.  582.320  Termination of assistance to participants.



    (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.