What to Expect at an Informal Hearing
The hearing may be conducted by any person designated by the PHA, other than the person, or a subordinate, who made or approved the decision under review. The person who conducts the hearing will conduct of the hearing in accordance with the PHA’s hearing procedures.
The participating family must be given an opportunity to present written or oral objections to the decision under review.
1) LEGAL REPRESENTATION
A lawyer or other representative at the hearing may represent the participant. Costs of representation shall be the responsibility of the participant.
2) EVIDENCE & WITNESSES
The PHA and the family must be given the opportunity to present evidence and may question witnesses. Evidence may be considered without regard to admissibility under the rules of evidence applicable.
DECISION OF HEARING
The person who conducts the hearing must issue a written decision to the participant and deliver it within a reasonable time and must state the reasons for the decision. Factual determination relating to the individual circumstances of the family shall be based on the evidence presented at the hearing. A copy of the hearing decision shall be furnished to the family and the PHA representative.
1) DECISION TO OVERTURN
The hearing officer may overturn a decision based on evidence presented at the hearing. The hearing officer may also impose conditions of continued assistance.
Examples of these conditions include but are not limited to:
- Execution and compliance with a Repayment Agreement
- Removing a culpable family member
- Require the family to have no future missed appointments within control of the family
- Other conditions that do not violate fair housing rights that the hearing officer determines appropriate and does not alter the foundation or fundamental objective of the program.
2) DECISION TO TERMINATE
If the decision of the hearing officer is against the participant, the hearing decision must include:
- Effective date of the termination
- Information that the participant can appeal to a civil court of the Commonwealth of Puerto Rico
A notice to the owner must be sent and include:
- Effective date of termination
The family must give be given the opportunity, prior to the hearing, to examine any documents that are directly relevant to the hearing. If the PHA does not make the documents available for examination on request of the family, they may not rely on the document at the hearing.
The PHA must be given the opportunity, prior to the hearing, to examine any family documents that are directly relevant to the hearing and must be allowed to copy any such documents. If the family does not make the document available for examination on request of the PHA, the family may not rely on the document at the hearing.