Informal hearing procedures

1. The Public Housing Authority (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.