| Advisory opinion request regarding whether Brian Davis may continue participating as a tenant in the Section 8 Housing Assistance Program. |
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Brian Davis submitted his application for housing assistance under the Program to the Iberia Parish HUD Section 8 Housing Assistance Office (Office) on April 18, 2012, at which time he was placed on the waiting list. His father was appointed to fill a vacancy on the Iberia Parish Council on August 24, 2014, and was elected on October 24, 2015, to serve a full term. Thereafter, following the procedures dictated by HUD, Brian received a voucher for housing assistance on September 4, 2015. Finally, a HUD Housing Assistance Payments Contract was executed by the Office, as an agent of HUD, and his landlord on September 29, 2015, for a lease term that ended on September 30, 2016.
According to information provided by the Office, Brian's current status is "searching", because he has since moved outside of their jurisdiction. If allowed, the Office will issue a Portability Voucher to Brian, which entitles him to continue participating as a tenant in the Program in Lafayette Parish, as required by HUD regulations. However, the assistance will be administered by a public housing agency with jurisdiction in the area where his new residence is located, which will be reimbursed by the Office, in accordance with HUD regulations.
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La. R.S. 42:1113 prohibits a public servant, a member of his immediate family, or a legal entity of which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of his agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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