Berthoud, CO asked in Public Benefits for Colorado

Q: Allegations and record of arrest are Basis for proposal to terminate section 8 voucher. A full dismissal of all charges.

Proposed termination of my section 8 housing voucher weighed heavily upon allegations and arrest record as the result of allegations made by police departnent for basis and grounds to terminate per PHA's policy regarding criminal drug activity. Per legal aid notification made to PHA prior to hearing my criminal charges direct result of domestic violence. Provided requested documentation: copy of criminal charges against father, restraining order myself as protected. Legal aid unable to represent me as my criminal case still open in District Court leaving me unable to speak about my charges and circumstances. My criminal lawyer notified PHA he was confident a full dismissal all criminal charges against me at next court date set 2 days after hearing. PHA disregarded information as here say. 2 days later criminal charges dismissed case closed court date vaccated.. Notified PHA requested reconsideration. If all charges dismissed can PHA still terminate if basis were dismissed in full?

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: It depends on the nature of the Section 8 termination hearing. If it was solely based on a criminal charge, the dismissal should bar a termination based on criminal conduct. If the termination had other claims unrelated to the criminal charges, the dismissal may not impact these grounds for a termination hearing.

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