Informal hearing
procedures
1. The PHA must provide participants with the opportunity for an
informal hearing regarding decisions related to any of the following PHA
determinations:
-
Family's annual or adjusted income and the computation of the
housing assistance payment.
-
Appropriate utility allowance.
-
Family unit size determination under PHA subsidy standards.
-
Termination of assistance for any reason.
-
Termination of a family’s Family Self Sufficiency contract, withheld
supportive services, or proposed forfeiture of the family's escrow
account.
2. The
PHA will notify the family in writing of decision to terminate
assistance. The notice will include the following:
- The
proposed action or decision of the PHA.
- The
date the proposed action or decision will take place.
- The
family's right to an explanation of the basis for the PHA's
decision.
- A
copy of criminal record, if termination is based on criminal
activity.
- The
procedures to request a hearing to dispute the action or decision.
- The
time limit for requesting the hearing.
- To
whom the written hearing request should be addressed.
3. The
PHA will contact the family to schedule an informal hearing within 10
business days after request is received. A written notification will
include the following:
- The
date and time of the hearing.
- The
location of the hearing.
- The
family's right to bring evidence, witnesses, legal or other
representation at the family's expense. (Must be presented 72 hours
prior to hearing)
- The
right to view any documents or evidence in the possession of the PHA
(Appointment Required)
- The
right to request copies of such documents prior to the hearing at
the family’s expense {a charge of ten cents ($0.10) per copy or
fifteen ($0.15) for double-sided copy}. (Appointment Required)
- A
notice to the family that the PHA will request a copy of any
documents or evidence the family may use to support their dispute
prior to the hearing. (Must be presented 72 hours prior to hearing)
4. The
PHA will reschedule the informal hearing if the following occurs:
- The
family request to reschedule must be received in advance of the
hearing and must provide documentation of “good
cause.” Good cause is defined as an unavoidable conflict which
seriously affects the health, safety or welfare of the family.
5. The
Hearing Officer appointed by the PHA shall conduct the informal hearing.
- The
Hearing Officer shall only review documents presented to the other
party prior to the hearing.
- The
Hearing Officer may request additional information.
- The
Hearing Officer may adjourn the hearing and reconvene at a later
date, before reaching a decision.
6. The
Hearing Officer will notify the PHA and family of the hearing findings
as follows:
- The
Hearing Officer will notify both parties in writing within 15 days.
- The
Hearing Officer will provide a clear summary of the reasons and
stipulations for the decision.
- The
Hearing Officer will provide the effective date of the decision.
Note:
Should the family fail to appear at the schedule hearing, or deadline
ordered by the Hearing Officer, the family must contact the PHA within
72 hours (excluding weekends and holidays) with evidence of “good
cause”. If the family fails to provide documentation of “good cause” the
action of the PHA shall take effect and another hearing will not be
granted.
back
to community assistance home page