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• any unusual circumstances the complainant knows about that affected the recipient’s ability to pay rent.
The RVP unit is responsible for screening complaints to determine if the recipient to whom the complaint refers is a candidate for mandatory RVP. In addition, the RVP unit will complete the following tasks:
Review the identifying information to verify that the individual referred to in the complaint receives TANF and that the TANF payment minus the full rental charge is at least $10; Notify the complainant if the complaint is incomplete or does not meet the criteria for consideration under the RVP; Send a notice of the complaint to the recipient, and his/her SSR. The notice must inform the recipient that the complaint has been filed and that s/he has 15 days to provide a written response to the complaint, and that a mandatory RVP will be established if the recipient is found to be mismanaging the TANF grant to the detriment of the children in the family; and Submit to the Administrative Support Office a copy of the complaint, the notice sent to the recipient, and any correspondence from the recipient (if any) and any observations the RVP staff deem important to share about the case (these observations are recorded on Form 886).
The Administrative Officer will review the information submitted by the RVP staff and, when necessary, will attempt to gather additional information. The Administrative Officer will determine if the recipient has mismanaged the TANF grant such that the health and safety of the children in the family have been threatened.
When determining whether the funds were mismanaged all relevant considerations must be taken into account, including:
Did the family have an emergency or extraordinary event for which it was appropriate to spend the available funds? • Did expenses for necessary items exceed the recipient’s income? If so, did the recipient make reasonable choices about the purchase of goods and services? Did the family withhold payment as a reasonable exercise of consumer rights when there is a legitimate dispute as to whether terms of an agreement have been met?
The following are examples of circumstances that provide evidence of the mismanagement of funds:
repeated evictions, repeated failure to pay rent or utilities resulting in threat of eviction and utility cutoffs, improper clothing and feeding of the children which may result in frequent absences from school, and an inability to plan expenditures so that the funds last through the month which leads to frequent referrals to private charities.
If the need for a RVP is not affirmed, notices are sent to the recipient and complainant indicating that no RVP has been established. If the Administrative Officer determines that an RVP should be established, the RVP unit must send a notice to the recipient. The notice must record the reason the RVP is being established and advise the recipient of the right to request a fair hearing. If, after 15 days, the recipient has not requested a hearing, the RVP will be processed for the next month’s TANF benefits and notice will be sent to the complainant and, if different, the landlord informing them of the decision. Individuals who are required to participate in the RVP program must do so for at least one year.