If an assisted tenant should receive notification on a decision made by the PHA, they are within their right to request an informal hearing on the decision.
An informal hearing is where they will have the chance to present their case and any documentation. The PHA will then review all of the information presented and make a ruling. Once the ruling is made, the decision is final and cannot be pursued further.
An informal hearing can be requested under the following circumstances:
- A determination of the family’s annual or adjusted income and the use of such income to calculate the housing assistance payment.
- The family has not supplied any information requested by the PHA for use in a regularly scheduled reexamination of family income and composition in accordance with HUD requirements.
- The family has not allowed the PHA to inspect the unit at reasonable times and after reasonable notice.
- A determination by the PHA that a family member has engaged in drug-related or violent criminal activity.
- The PHA determines that the family has not met the obligations of a repayment agreement with either the PHA and/or landlord.
- The PHA determines that a member of the family has committed acts which would constitute fraud in connection with the present or past tenancy.
- The PHA determines that a person is illegally using a controlled substance or abuses alcohol in a way that may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.
- The PHA has determined that the household includes any individual who is subject to lifetime registration requirements under a state sex offender registration program.
- The PHA has determined that any family member has engaged in or threatened abusive or violent behavior toward any program employee.
- A determination of the appropriate utility allowance for tenant-paid utilities from the program utility allowance schedule.
- A determination of the family unit size under the program subsidy standards.
- A determination that the family is residing in a unit with a larger number of bedrooms than appropriate for the family unit size under subsidy standards, or a denial of the family’s request for an exception from the standards.
- A determination to terminate assistance for participant family because of the family’s action or failure to act.
- A determination to terminate assistance because the participant family has been absent from the assisted unit for more than ninety (90) days in a calendar year, without a justified reason.
The PHA is not required to give an informal hearing for any of the following:
- General policy issues or class grievances.
- Establishment of utility allowances for families in the program.
- A determination not to approve an extension request or suspension of a voucher term.
- A determination not to grant approval to lease a unit under the program.
- A determination not to approve a proposed lease.
- A determination that an assisted unit is not in compliance with HQS. However, the PHA must give the opportunity for an informal hearing for a decision to terminate assistance for a breach of the HQS caused by the family as described in the Voucher/Lease Addendum, or in other HUD rules and regulations of the Department policies.
- A determination that a unit is not in accordance with HQS because of the family size.
- A determination to exercise or not to exercise any right or remedy against the landlord under a HAP contract.
The PHA will give a written notice that the family may request a hearing. The notice must:
- Contain a brief statement of the reasons for the decision.
- State that if the family does not agree with the decision, the family may request an informal hearing on the decision
- State the deadline for the family to request an informal hearing.
The PHA has established that the family will have fifteen (15) calendar days to submit its request for an informal hearing.