complaints and grievances
Q:
What rights do I have if the Housing Authority makes a decision that affects my
participation in the Section 8 program?
A: All Section 8 Program
applicants and participants are entitled to an informal appeal and review
process to determine whether the Authority's decisions are in accordance with
HUD regulations and Housing Authority policies.
Q:
Are there different types of reviews and hearings?
A: Yes. There are two types
of reviews and hearings. The nature of the complaint or appeal determines the
specific review or hearing. The two procedures are: Informal Review and Informal
Hearing.
Description
of Informal Review
Section 8 Program applicants
have the right to request an Informal Review if it is determined that they fail
to meet Section 8 program qualifications. When a family is notified their name
is being withdrawn from the Section 8 Waiting List, they are also advised of
their right to re-apply and to request an Informal Review of the Authority's
denial of their qualifications. The Director of Section 8 or a designee conducts
the Informal Review. The applicant may present oral or written objections
to the HA decision. The Authority will notify the applicant of its decision
within 10 days of the Informal Review.
Description
of Informal Hearing
Informal hearings are
provided to allow Section 8 participants to contest Housing Authority
determinations regarding:
Family's share of the rent
Denial of Termination of Section 8 assistance
Assignment of specific bedroom size appropriate to the family, damages, unpaid rent or vacancy loss claims
Denial of Voucher issuance or re-issuance
Denial on the basis of citizenship status
The Director of Section 8 handles all hearing requests and selects a person not associated with the case or the Section 8 Department to serve as an Impartial Hearing Officer. All parties have an opportunity to present evidence and testimony and cross-examine witnesses. The family has the right to be represented by counsel or other person chosen as a representative. The Hearing Officer has ten working days to render a decision based solely and exclusively on the facts presented at the hearing. The Hearing Officer's written decision identifies and summarizes case facts, issues, evidence, pertinent laws, HUD regulations, BCHA policies, and the specific reason(s) for arriving at the decision.
Requests
for the Informal Review or Hearing
All applicants and
participants are notified in writing of any action the Authority proposes which
will affect their assistance. Families are given ten days to make a written
request for an Informal
Review or Hearing.