24 CFR 982.555 - Informal hearing for participant.
(a)When hearing is required.
(1) A PHA must give a participant family an opportunity for an informal hearing to consider whether the following PHA decisions relating to the individual circumstances of a participant family are in accordance with the law, HUD regulations and PHA policies:
(2) In the cases described in paragraphs (a)(1) (iv), (v) and (vi) of this section, the PHA must give the opportunity for an informal hearing before the PHA terminates housing assistance payments for the family under an outstanding HAP contract.
(1) Discretionary administrative determinations by the PHA.
(2) General policy issues or class grievances.
(4) A PHA determination not to approve an extension of the voucher term.
(5) A PHA determination not to approve a unit or tenancy.
(6) A PHA determination that an assisted unit is not in compliance with HQS. (However, the PHA must provide 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 § 982.551(c).)
(c)Notice to family.
(1) In the cases described in paragraphs (a)(1) (i), (ii) and (iii) of this section, the PHA must notify the family that the family may ask for an explanation of the basis of the PHA determination, and that if the family does not agree with the determination, the family may request an informal hearing on the decision.
(i) Contain a brief statement of reasons for the decision,
(iii) State the deadline for the family to request an informal hearing.
(d)Expeditious hearing process. Where a hearing for a participant family is required under this section, the PHA must proceed with the hearing in a reasonably expeditious manner upon the request of the family.
(e)Hearing procedures -
(i)By family. The family must be given the opportunity to examine before the PHA hearing any PHA documents that are directly relevant to the hearing. The family must be allowed to copy any such document at the family's expense. If the PHA does not make the document available for examination on request of the family, the PHA may not rely on the document at the hearing.
(ii)By PHA. The PHA hearing procedures may provide that the PHA must be given the opportunity to examine at PHA offices before the PHA hearing any family documents that are directly relevant to the hearing. The PHA must be allowed to copy any such document at the PHA's expense. 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.
(iii)Documents. The term “documents” includes records and regulations.
(4)Hearing officer: Appointment and authority.
(5)Evidence. The PHA and the family must be given the opportunity to present evidence, and may question any witnesses. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings.
(6)Issuance of decision. The person who conducts the hearing must issue a written decision, stating briefly the reasons for the decision. Factual determinations relating to the individual circumstances of the family shall be based on a preponderance of the evidence presented at the hearing. A copy of the hearing decision shall be furnished promptly to the family.
(f)Effect of decision. The PHA is not bound by a hearing decision:
(1) Concerning a matter for which the PHA is not required to provide an opportunity for an informal hearing under this section, or that otherwise exceeds the authority of the person conducting the hearing under the PHA hearing procedures.
(2) Contrary to HUD regulations or requirements, or otherwise contrary to federal, State, or local law.
- 24 CFR 792.102 — Applicability.
- 24 CFR 982.553 — Denial of Admission and Termination of Assistance for Criminals and Alcohol Abusers.
- 24 CFR 792.202 — PHA Retention of Proceeds.
- 24 CFR 5.615 — Public Housing Program and Section 8 Tenant-Based Assistance Program: How Welfare Benefit Reduction Affects Family Income.