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When the Housing Authority determines that an applicant has not met the
requirements for the for the program, the family will be notified of the Housing
Authorities decision in writing. The notice will contain:
- The reason(s) they are ineligible
- The procedure for requesting a review if the applicant does not agree with
the decision
- The time limit for requesting a review.
The applicant will be given the option of presenting oral or written reasons
why they disagree with the decision of the Housing Authority. Both the Housing
Authority and the family may present evidence and witnesses. The family may use
an attorney or other representative to assist them at their own expense.
As a reasonable accommodation, the review may be conducted by telephone.
After the Housing Authority has completed the review the family will be
notified in writing of the decision made by the Housing Authority. The Notice
shall include the decision, and an explanation of the reasons for the decision.
Informal Hearing
When the Housing Authority makes a decision regarding the eligibility of a
family and or the amount of Housing Assistance, applicants must be notified in
writing. The Housing Authority will give the family notice of such
determinations, which will include:
- The proposed action or decision of the Housing Authority
- The date the proposed action or decision will take place
- The family’s right to an explanation of the basis for the Housing
Authority’s decision
- The procedures for requesting a hearing if the family disputes the action
or decision
- The time limit for requesting the hearing
Informal Hearings are not required for established policies and procedures
and Housing Authority determinations such as:
- Discretionary administrative determinations by the Housing Authority
- General policy issues or class grievances
- Establishment of the Housing Authority schedule of utility allowances for
families in the program
- A Housing Authority determination not to approve an extension or
suspension of a voucher term
- A Housing Authority determination not to approve a unit or lease
- A Housing Authority determination that assisted unit is not in compliance
with HQS (Housing Authority must provide hearing for family breach of HQS
because that is a family obligation determination)
- A Housing Authority determination that the unit is not in accordance with
HQS because of the family size
A Housing Authority determination to exercise or not exercise any right or
remedy against the owner under a HAP contract
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