Informal Reviews for Applicant Families |
The BHA will offer an applicant the opportunity to request an informal review when the BHA denies:
- assistance to the family;
- placement on the appropriate waiting list (including assignment of a local preference/priority); or
- issuance of a Voucher.
The BHA will not offer a family an informal review to dispute: discretionary administrative determinations, general policy issues, or class grievances; the determination of the appropriate number of bedrooms for the family; the determination that the apartment the family selected does not meet the State Sanitary Code or is not "rent reasonable" and the determination not to extend the family's Voucher.
- The time period to request an informal review shall be fourteen (14) days from the date of notice of denial of assistance to the family, a place on the appropriate waiting list, or issuance of a voucher. Upon receipt of an applicant's request for an informal review in writing, an informal review shall be scheduled.
- The applicant may be represented by a lawyer or any other representative at their own expense, may present evidence, and may question witnesses.
- Evidence may be considered without regard to admissibility under the rules of evidence applicable under judicial proceedings; and factual determinations relating to the individual circumstances of the participant shall be based on the evidence presented at the hearing.
- Before the hearing the family must be provided with the opportunity to review the BHA documents which are relevant to the hearing. Copies are to be made available at the family’s request. Remedy for non-compliance is the BHA’s inability to rely on such document at the hearing.
- The BHA must be provided with the opportunity to examine family documents relevant to the hearing. Copies are to be made available at the BHA’s expense. Remedy for the family’s non-compliance is the inability of the Family to rely on such document at the hearing.
If you request a hearing, you have the right to:
- A hearing before an impartial individual.
- In advance the opportunity to copy documents in the possession of the Housing Authority.
- The opportunity to present evidence in support of eligible status.
- The opportunity to controvert evidence relied on by the Housing Authority and to cross examine witnesses.
- To obtain representation by an attorney or other designee.
- To arrange for an interpreter.
- To have the hearing recorded by audiotape.
- A written decision will be issued within 14 days of hearing. .
The Hearing Officer for such reviews may be any person, except an employee who made or approved the disputed decision or such employee's subordinate(s). The hearing officer shall make a factual determination relating to the individual circumstances of the participant that shall be based on a preponderance of the evidence presented at the hearing. The Hearing Officer will promptly inform the family in writing of his or her decision and of the reasons for that decision.
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Informal Hearings for Participant Families |
The hearing procedures outlined above apply to program participants as well. The BHA will offer a family participating in the program an informal hearing to dispute:
- the amount of the housing assistance payment of Voucher participants(though not the Utility Schedule);
- the number of bedrooms authorized by the BHA on the Voucher of a family that wishes to continue program participation in another apartment;
- denial or termination of a family's assistance;
- excessive apartment size in the case of a Certificate participant who has been denied an exception to the standards.
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