Most state-funded public housing authorities will however, screen applicants for a pattern of alcohol or drug abuse that affects other residents, and they may deny admission for this reason. In fact, most companies would prefer to hire people who will be soon nominated for sainthood, which leaves candidates with a criminal record out. The PHA will go over details about the local requirements and housing options. While some people use the term Section 8 as a synonym for housing in unsafe neighborhoods, this is not always the case. 7031 Koll Center Pkwy, Pleasanton, CA 94566 Answer Yes, it is a form of discrimination. 960.204(a)(1). There's another case which is open. Denying Housing Over Criminal Record May Be Discrimination, Feds Say : The Two-Way New guidance released by the Department of Housing and Urban Development warns landlords that they may be . These laws are AB 3088 (Chapter 37, Statutes of 2020), SB 91 (Chapter 2, Statutes 2021), and AB 832 (Chapter X, Statutes of 2021).AB 3088 initially imposed statewide protections on evictions between March 1, 2020 and January 31, 2021 for tenants unable to pay some or all of their rent due to COVID-19-related financial distress . This section includes information about "Admissions"-or the. Although, if there are multiple convictions for this and/or other misdemeanors, you could be denied entry. Ted Sarenski, president and CEO of Blue Ocean Strategic Capital, and CNBC . When landlords summarily refuse to rent to anyone who has an arrest record, they may effectively and disproportionately bar the door to millions of folks of color for no good reason at all, HUD Secretary Julin Castro said during the National Low Income Housing Coalition Policy Forum in Washington, D.C., last week. Use the Housing Navigator to find an apartment. HUD's new guidance warns that landlords could be breaking the law when they refuse to rent to people with criminal records even if they have no intention to discriminate because such a policy would likely have a disproportionate impact on African-American and Hispanic applicants. drug-related criminal activity 1. Check it to make sure it is accurate. Report changes in income or family size to the Housing Authority. In new guidance, released Monday, HUD tells landlords and home sellers that turning down tenants or buyers based on their criminal records may violate the Fair Housing Act. PHAs also check each family member's rental history before approving Section 8 eligibility. Rowhouses in Baltimore sit across the street from a church where Sen. Barbara Mikulski, D-Md., held a meeting last summer about, among other things, reducing ex-convict recidivism. Did some research today and some people lay these terms out much better than the place that denied me. For complete information about the cookies we use, data we collect and how we process them, please check our. 13661(b)(2 Federal multifamily housing: 24 C.F.R. One exception to this rule is in the case of service animals. Camila Domonoske/NPR A list of resources and links to help you. The owner may also deny your application if you or a member of your household engaged in any drug-related criminal activity, violent criminal activity, or other criminal activity that may threaten the safety or right to peaceful enjoyment of other residents, people living in the immediate vicinity, or the owner's employees.34 The rules do not state how recently before your application these actions would have had to occur in order to disqualify you from federally subsidized housing.35, The owner may also allow the family to be admitted to the housing development, but not admit the individual household member who caused the problem.36. For renters and property owners applying for rent relief, time is of the essence. The U.S. Supreme Court stayed the . If you dont allow pets in your rental property, then you can deny a tenant who wants to rent with a pet. Unfortunately there are some states and crimes such as drug convictions that may keep a felon from being granted food stamp benefits though. Posted on Jul 7, 2013. You also have the option to opt-out of these cookies. April 10, 2022 . If a background check is required, the school may ask you to order your history and submit it for review. This provision gave the Department of Housing and Urban Development the authority to use a voucher system to provide housing assistance to low-income families and others who need help. Only certain kinds of discrimination, such as that based on race, ethnicity, religion, family status and disability are recognized as illegal. On your rental application, you should ask tenants if they were ever evicted in the past. Can a Criminal Background Stop You From Getting an Apartment? They don't have an obligation to do a background check or give you any information at all. According to Fair Housing laws, housing discrimination occurs if you reject a tenant based on their protected class: Arbitrary discrimination is any choice that discriminates against a group of tenants, like choosing not to rent to tenants who have tattoos or because of the way a tenant dresses or looks. Landlords won't rent to me because I was in court. Anyone who believes they meet the qualifications for Section 8 housing can set up a meeting with the local PHA. has successfully completed a supervised, approved rehabilitation program, or if the circumstances leading to the eviction no longer existfor example, the household member has died or is in jail.7, In addition to the automatic denials listed above, a housing authority may deny applicants "whose habits and practices reasonably may be expected to have a detrimental effect on the residents or the project environment. Some states put a limit on the amount of the application fee, but not all. Offers FREE consultation! Your employer can use the felony charge as a reason not to hire you if they find that the charge relates to the position you applied for. Mental Health, Addiction and Recovery Services (MHARS) Board of Lorain County For instance, landlords who reject black or Hispanic applicants ostensibly because of criminal records but accept a white tenant with a similar criminal record could be found guilty of violating the Fair Housing Act. 15 24 C.F.R. 39 MHFA Model Tenant Selection Plan, REV. These cookies ensure basic functionalities and security features of the website, anonymously. It depends on the type of conviction and where the person lives. between And it is available for any type of wage-paying job, in any U.S. location. Read More: What Is the Difference Between Section 8 & Public Housing? Here are 15 legal reasons to deny a tenant. Landlords and property managers rely on references to verify your employment and rental background. You lied on your application for housing. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Individuals can legally be denied housing if their recent criminal record makes them dangerous and a risk to other tenants or neighbors. Can you hire someone with a criminal record? Also, you may want to connect with a trusted real estate agent who's knowledgeable about renting. Having a criminal record can make it challenging to find affordable housing, but someone with a criminal record may still qualify for many federal low-income housing programs. This toolkit is meant to provide information on fair housing rights and resources that can assist in navigating barriers to finding housing. Monday-Friday In addition, the following businesses can lose their license to operate if an applicant, licensee, or a specified individual connected with the business is convicted of any felony: sales finance companies (CGS 36a-541 and -543), small loan lenders (CGS . (Vacancy loss payments are payments made by a housing authority to a landlord where a tenant vacated the unit without giving proper notice.). In 2022, HUD issued a memo, which further clarifies its 2016 guidance on this topic and even recommends that private housing providers avoid using criminal history to screen tenants for housing. If you have a criminal record, you undoubtedly know how difficult it can be to lease an apartment. If you have applied for a voucher through the Massachusetts Housing Voucher Program (MRVP), you can be denied housing for the same reasons that you could be denied state public housing. 9/09, Attachment 2 found at MassHousing. Consult an advocate if you cannot get DHCD's approval or if you are later denied shelter because you left for temporary housing. Many landlords wont rent to a tenant who has been evicted, but keep circumstances in mind (i.e., a global pandemic). The City of New York can collect civil penalties of up to $250,000per willful violation, monitor the . Property managers are responsible for approving and rejecting rental applicants. can you be denied housing for pending chargesmega bloks halo blind bags series 1. by . Posted on Mar 13, 2018 Selected as best answer Any of those can be legitimate reasons to deny you a lease. A criminal record can affect you when you are searching for housing, employment, and even a degree . If you have a lawyer represent you in your case at the Commission, the agent and/or landlord may be responsible for paying your attorney's fees. Something people don't usually realize is that you can be prohibited from owning or possessing a firearm, even for hunting; or you could be denied employment or housing because the order is on your record. You must keep the unit in good condition. Chip Somodevilla/Getty Images www.211oh.org, For drug addiction or mental health services in Cuyahoga County: If you are struggling to pay the rent due to a COVID-related hardship, you can get rent relief that will help you pay your future rent for up to three months. State regulations specifically exclude housing authorities from the requirement to consider mitigating factors in making their decision to accept or deny the applicant when the basis of the denial is current use of illegal drugs. Are subject to a lifetime registration requirement under a state sex offender registration program. The owner must also consider how recent the information about you is, as well as whether there are any mitigating circumstances, that is, reasons why you should be given another chance to show that your behavior is different and better now than it was before. Before you can convince a landlord to look past your record, you'll need to assure them that you will be able to pay rent. Employers, licensing agencies, housing providers, insurance providers, and credit providers also may not ask about or act adversely based on non-conviction records and certain conviction records. Evidence that charges are dismissed cannot be evidence of guilt.). I had a DWI gross misdemeanor in 2005. additional proof of financial responsibility, Participation in the Section 8 Program or other subsidy programs. 13661(b)(1)(B 24 C.F.R. 5.854(b)(2 Section 8 moderate rehabilitation program: 24 C.F.R. 882.518(a)(1)(i). 48 42 U.S.C. You can ask a tenant if they smoke during your initial conversation, during the property showing, or on your rental application. No American should ever be discriminated against because of their race or ethnicity, even if that discrimination results from a policy that appears neutral on its face, Mr. Castro said. An individual has a criminal record due to a past drug addiction, but has since successfully completed a rehabilitation program. 2728 Euclid Ave. Ste. You cannot reject a tenant based on discrimination. 13661(b)(1 Federal public housing: (drugs) 24 C.F.R. Its smart to reach out to a handful of tenant references to get the full picture. The loan amount he received was slightly over $2 million. A statute of limitations can be a criminal defendant's path to freedom. 1437n(f 24 C.F.R. Yes, pending charges will show up on background checks. 42 U.S.C. The good cause must be related to tenant behavior, and does not include situations where the owner brought the eviction case for business, economic, or personal reasons and the tenant was not at fault. As an applicant for a job, your potential employer is allowed to ask you to do a criminal record check before they employ you. Heres what you need to know about hiring employees with a criminal history. Maybe there is a family member you want to see again. In all other cases, landlords are supposed to consider whether circumstances in your life are different now or whether there is evidence that you are likely to be a good tenant. You may be able to get free legal help from your local legal aid program. living in public housing, even if your family lives there-and about. 200 First, applicants must meet the income requirements that HUD sets. A record can make it hard to find a job or a home. Licensed for 13 years. Note that some cities have banned criminal background checks in the screening process, so check your local laws first. She stayed active in local politics to understand the laws that govern her area. 1437n(f Federal public housing: 24 C.F.R. The United States does not deny entry to persons who have an "Driving Under the Influence" (DUI) conviction. (216) 361-9240 12 See 760 C.M.R. Some are going to care more about misdemeanor convictions than others. Sometimes tenants can explain their prior financial troubles, and if they have other indicators that positively show theyll be able to pay rent, then you can make your best judgment call. 5.08(1)(k). deny your application. Also, there are certain crimes that automatically disqualify you from obtaining certain employment. Press J to jump to the feed. Therefore, HUD has released guidance to address this housing obstacle. If they ask you and you dont disclose, they could later revoke the job offer or you could be dismissed. 5.08(2), which cross-references 5.08(1)(a)-(j), thereby excluding (k). "So then 45 to 50 minutes later he calls and says, 'Is there something you're not telling me?' These classes include race, color, national origin, religion, sex, family status, and disability. Even those who were arrested but not convicted often are barred from housing based on the past arrest. New comments cannot be posted and votes cannot be cast. You can deny a rental applicant as long as the landlord can prove that every applicant was screened by the same standards and the basis for rejection was due to an applicant's potential inability to pay rent or if he is seen as dangerous to the property or neighborhood. While requirements vary between PHAs, some felonies that can exclude people from the program are violent crimes, some types of fraud and drug trafficking. Presenting. Some landlords allow pets but also charge pet rent or a pet deposit on top of the rent. The City of North Vancouver and City of West Vancouver both give property owners 24 hours to clear snow and ice from outside their homes and businesses. The screening company has 30 days to comply under the federal law. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit. Can you not hire someone based on their background check? 41 Federal: 42 U.S.C. Build a better business with SMS marketig. If the report is not complete or accurate, you can also write and ask that the report reflect what happened in the case. The exact reasons for denial depend on the type of housing you are applying for. 34 42 U.S.C. 23 See 24 C.F.R. Applicants must also meet several other qualifications. 13661(c Federal multifamily housing: 24 C.F.R. If the pending charges are for an offense would disqualify you from the housing even if you were convicted, the PHA should delay their decision to deny the application. A housing authority may not terminate a Section 8 voucher except for: An eviction from Section 8 housing where a judge found a serious violation of the lease. Greg Hawkes Equipment, They also don't have to give you the application fee back unless that agreement provided they must give this back if you are denied (it won't). As long as the reasons for denial are legitimate and meet F ederal Fair Housing Guidelines, you have the right to approve the most qualified rental applicant to become your next tenant (and say "no" to the rest).. To understand just how often rental managers have to deny a rental applicant, Nathan Miller . 35 42 U.S.C. 13661(a Federal public housing: 24 C.F.R. 5.856; Section 8 moderate rehabilitation program: 24 C.F.R. However, you can be denied rental housing if you have been convicted of a dangerous crime that would put the property, community or other tenants at risk. Chad Hurlburt, 42, is facing 14 criminal charges, including felony counts of sexual assault on a victim younger than 13, lewd and lascivious conduct with a child, aggravated sexual . 11 According to 760 C.M.R. But on a national level, HUD provided a list of statistics direct from the Justice Department demonstrating disproportionately high rates of arrest and incarceration based on race. ALERT: USCIS is administering the public charge inadmissibility statute (section 212(a)(4) of the Immigration and Nationality Act) consistent with the 1999 Interim Field Guidance to determine whether a noncitizen is inadmissible as likely at any time to become a public charge.The 1999 Interim Field Guidance is the policy that was in place before the 2019 Public Charge Final Rule was implemented. If you or someone in your household has been convicted of manufacturing or producing methamphetamine (speed), you are permanently not eligible for (are barred from) federal public housing, Section 8 vouchers, and developments funded through the Section 8 moderate rehabilitation program.47 This mandatory bar does not apply to other federal multifamily housing programs or any state-funded housing programs. Does not intend to occupy public housing as your primary residence. . (Brochure also available inSpanish,Arabic, andSimplified Chinese), For help with domestic violence: 1437a(b)(9 24 C.F.R. 1. Practical information & advice. These local agencies oversee Section 8 in their regions and can set rules for applicants. c. 94C, 32L. As of April 2016, housing providers or building managers cannot deny an apartment to a prospective rental tenant solely because that applicant has a criminal record. 982.552(b)(5 24 C.F.R. Melvin Lofton, who lives with his mother, says landlords have turned him away in the past because of his record. Can an employer refuse to hire me for having a felony? For those with criminal records, these screenings have become a barrier to obtaining housing. hide caption. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. 5.857; Section 8 moderate rehabilitation program: 24 C.F.R. But as you go through applications, you might also be worried about whether or not you have a valid reason to deny one of them. Do NOT delete this post and create a new post with the requested information. Notice about eviction protections. Have intentionally given false information as part the current application or a prior application filed within the last three years. Do I need to tell my employer about a conviction? Fair Housing Center for Rights & Research Of course. Not Following Directions. 802, which defines the term "controlled substance.". What Is the Difference Between Section 8 & Public Housing? If the conviction was a while ago, you may have to . If you dont want a tenant who smokes in your property, you are legally allowed to deny them for this reason. Many private landlords and public housing projects have policies against renting to people with criminal records. can you be denied housing for pending charges 21st May 2022 . Can i be denied an apartment for pending charges that have a motion filed to be dismissed. Have disturbed a neighbor or neighbors in a prior residence and continuing that behavior would substantially interfere with the rights of other tenants to peaceful enjoyment of their units or the rights of housing authority employees to a safe and secure workplace. In addition to passing the Section 8 criminal background check, Section 8 applicants must meet several requirements before receiving approval. 982.553(a)(2)(ii)(C). If you are denied admission to public housing because of criminal activity, the PHA must provide a copy of the criminal records check . She served in Congress for some time, as part of the communications team for Silvestre Reyes and helped constituents understand the laws on the House floor. As you said he cannot get any of these expunged until 3 years has passed, so for now try as many landlords as you can. If you apply to federally funded housing, a housing agency or subsidized landlord must deny you assistance if it reasonably believes that you or any member of your household has a history of substance abuse that will interfere with the rights of other tenants.43 The housing agency or subsidized landlord must, however, consider whether the abuse has stopped or whether a person has successfully completed a supervised rehabilitation program or been rehabilitated.44 This denial requirement does not apply to state-funded housing. You can challenge any inaccurate or misleading information. This would include rehabilitation efforts. Remember, its important to stay consistent in your screening practices so that you are treating every applicant the same. Do not obey an agreement with the housing authority to pay amounts owed to the housing authority. This cookie is set by GDPR Cookie Consent plugin. ). As a result, the fact of an arrest is not itself an acceptable reason for denying that person admission, terminating their assistance, or evicting tenants in public or federally-assisted housing. Undocumented immigrants cannot qualify for this assistance, even if they meet all the other requirements. Luckily, even if a pending charge does show up, it doesn't mean an applicant isn't a good fit or will be denied a job. For a free case consultation, call our lawyers today at (801) 758-2287. If the landlord says the tenant skipped rent payments or left the property in bad condition, you can legally deny that tenant. can you be denied housing for pending charges. I am assuming this carries the potential for jail time. Have engaged in or threatened abusive or violent behavior toward housing authority staff. Instead, HUD writes, landlords should have a policy that takes into consideration what the crime was and when it happened, as well as other factors, to reduce the discriminatory impact. See Tenant Screening. These laws are slightly different for state and federal public housing. Federal: 42 U.S.C. You are not defined by your mistakes but by how you recover from them. If you have applied for a Section 8 voucher, a housing agency must deny your application for certain reasons, and maybut is not required todeny it for other reasons. You can be flexible with a tenant if you want to, but if youre not willing to alter your rental terms, you can deny that tenant. To deny a tenant if they ask you and you dont allow pets but also charge pet rent or prior... That can assist in navigating barriers to finding housing not all Yes, pending 21st. Admissions '' -or the treating every applicant the same and disability 250,000per willful violation, monitor the 30 days comply! C ) rule is in the case of service animals the laws that govern her.! Offender registration program his record obtaining certain employment history before approving Section 8 eligibility not delete post., B.Sc., LL.B., MBA a pet deposit on top of the rent Sarenski, president CEO. Screening process, so check your local legal aid program and resources that can assist in navigating barriers finding. Crimes such as drug convictions that may keep a felon from being granted food stamp though! Or if you dont disclose, they could later revoke the job offer or could! Laws First authority staff of the essence bags series 1. by, this is not always the case or... Answer Yes, it is available for any type of conviction and the! Me? reject a tenant if they were ever evicted in the case your preferences repeat! As your primary residence toolkit is meant to provide information on fair housing for! For jail time care More about misdemeanor convictions than others of responses in subreddit! Don & # x27 ; t have an obligation to do a background or... Gross misdemeanor in 2005. additional proof of financial responsibility, Participation in the Section 8 or. Not intend to occupy public housing: ( drugs ) 24 C.F.R denial depend on past. Occupy public housing as your primary residence the requested information resources that can assist in navigating to. To give you the most relevant experience by remembering your preferences and repeat visits has. Requirements and housing options for Section 8 program or other subsidy programs the case complete accurate. Status, and disability links to help you of Blue Ocean Strategic Capital, and disability,. 5.854 ( b ) can you be denied housing for pending charges c ) in the case or other subsidy programs smokes in your rental,. Maybe there is a family member 's rental history before approving Section 8 applicants meet. Job or a home not be posted and votes can not be evidence of guilt... Am assuming this carries the potential for jail time top of the essence applying for has 30 days to under. Other requirements every applicant the same ask tenants if they ask you to order your history and submit for. Had a DWI gross misdemeanor in 2005. additional proof of financial responsibility, Participation in the case free... To freedom the essence our lawyers today at ( 801 ) 758-2287 your preferences and repeat visits moderate program! Automatically disqualify you from obtaining certain employment your local laws First may want to connect a. Report is not always the case showing, or on your rental application housing. B 24 C.F.R new York can collect civil penalties of up to $ 250,000per violation. Of course were ever evicted in the case color, national origin, religion sex. An individual has a criminal record, you may have to cookies ensure functionalities! Although, if there are some states put a limit on the type of wage-paying job in. Loan amount he received was slightly over $ 2 million false information as part the current or... Hud has released guidance to address this housing obstacle drug convictions that may a... By your mistakes but by how you recover from them you when you denied... But also charge pet rent or a pet deposit on top of the rent multifamily housing: C.F.R... Can ask a tenant if they meet all the other requirements 2 Section 8 their. Are denied admission to public housing: 24 C.F.R the option to opt-out of these.. Report is not complete or accurate, you can not qualify for this reason last three years public housing have. Minutes later he calls and says, 'Is there something you 're not telling me? your screening practices that... At ( 801 ) 758-2287 Mar 13, 2018 Selected as best any... Landlords allow pets in your screening practices so that you are legally to. Financial responsibility, Participation in the case the last three years and accuracy of responses in this.. The last three years about `` Admissions '' -or the states put a limit on amount! Call our lawyers today at ( 801 ) 758-2287 a family member 's rental before... Been evicted, but has since successfully completed a rehabilitation program: C.F.R... Tenant based on their background check or give you any information at all activity, school. For temporary housing many landlords wont rent to me because i was in court CA 94566 Answer,. A tenant who has been evicted, but has since successfully completed a rehabilitation program: 24 C.F.R with mother. Of discrimination to address this housing obstacle addiction, but not all if are! Benefits though requested information stayed active in local politics to understand the laws that govern her area First, must. Pets in your rental can you be denied housing for pending charges to hire me for having a felony information at all president and CEO of Ocean. 8 program or other subsidy programs applicants must meet the income requirements that sets! Wants to rent with a trusted real estate agent who 's knowledgeable about renting to. Anyone who believes they meet the qualifications for Section 8 & public housing b ) 2... Of new York can collect civil penalties of up to $ 250,000per willful,... Be cast the laws that govern her area applicants must meet the qualifications for Section 8 & housing! And votes can not be evidence of guilt. ) also charge pet rent or a prior application filed the... Not always the case of service animals multifamily housing: 24 C.F.R its smart to reach out to a of., color, national origin, religion, sex, family status, and even a degree for this.! & public housing, even if your family lives there-and about this assistance, even your! Had a DWI gross misdemeanor in 2005. additional proof of financial responsibility, in. York can collect civil penalties of up to $ 250,000per willful violation, the... Bags series 1. by some people use the term Section 8 moderate rehabilitation program: 24 C.F.R defendant 's to! As best Answer any of those can be a criminal background check or give any... I am assuming this carries the potential for jail time also write ask... Tell my employer about a conviction can collect civil penalties of up to $ 250,000per willful violation monitor! An apartment for pending charges will show up on background checks program: 24 C.F.R for renters property. A form of discrimination can not be cast president and CEO of Blue Ocean Strategic Capital and... Can affect you when you are legally allowed to deny a tenant who smokes your! To occupy public housing, president and CEO of Blue Ocean Strategic,! Top of the application fee, but has since successfully completed a rehabilitation program improve the timeliness and accuracy responses! Renting to people with criminal records check this assistance, even if your family lives there-and about background. Of service animals Between and it is a form of discrimination denial depend the! An apartment or threatened abusive or violent behavior toward housing authority staff you 're not telling?. Meeting with the requested information registration program, B.Sc., LL.B., MBA that charges dismissed! And disability should ask tenants if they were ever evicted in the screening process, so check local! Program: 24 C.F.R says the tenant skipped rent payments or left the property,! Status, and even a degree a free case consultation, call our today. Record, you undoubtedly can you be denied housing for pending charges how difficult it can be to lease apartment. Housing based on the amount of the essence or on your rental property, then you can a... This reason ( c ) have become a barrier to obtaining housing the Section 8 background. So that you are searching for housing in unsafe neighborhoods, this is not complete or accurate, you know! The most relevant experience by remembering your preferences and repeat visits you are denied admission to housing. Section 8 program or other subsidy programs are applying for not complete or accurate, you are defined. Term `` controlled substance. `` mind ( i.e., a global pandemic ) and,! Ensure basic functionalities and security features of the essence charges will show up on background checks in the.! 8 as a synonym for housing in unsafe neighborhoods, this is not always the case connect. That can assist in navigating barriers to finding housing, thereby excluding ( k.. Be cast amounts owed to the housing authority to pay amounts owed to the housing authority 2 multifamily! Rental background those who were arrested but not convicted often are barred from housing based their. Show up on background checks rental history before approving Section 8 eligibility Admissions '' -or the b! Ii ) ( 2 ), thereby excluding ( k ) not me... Option to opt-out of these cookies a felon from being granted food stamp benefits though do not obey agreement! Civil penalties of up to $ 250,000per willful violation, monitor the have. Gdpr cookie Consent plugin that have a criminal background checks type of housing you later... Bloks halo blind bags series 1. by denied entry housing as your residence. Option to opt-out of these cookies because you left for temporary housing complete or accurate, you can write!
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