Informal Hearing Guidance

Conducting Informal Reviews and Hearings

The role of the Hearing Officer is to do three things:

1. Listen
2. Ask Questions
3. Control the Hearing

The Hearing Officer must determing three things:

1. Did the Housing Agency follow HUD regulations?
   1. Did the Housing Agency terminate the client for a HUD allowed reason?
2. Did the Housing Agency follow Housing Agency policy and procedure?
   1. Did the Housing Agency give proper notice to the client of the termination?
3. Does the Housing Agency have documention to support the termination?
   1. Does the Housing Agency have proof of the violoation?
   2. Does the Housing Agency have a copy of the termination letter?

If the Housing Agency did those three things and can prove it, the Hearing Officer must uphold the termination.

The Hearing Officer can only overturn a termination if:

1. The Housing Agency did not follow HUD regulations.
2. The Housing Agency did not follow HA policy or procedure.
3. The Housing Agency does not have documentation to support the termiantion.

The HA can overturn a Hearing Officer's decision if:

• A matter for which the Housing Agency is not required to provide an opportunity for an informal review/hearing or otherwise in excess of the authority of the person conducting the review/hearing.
  • I.E. The Hearing Officer makes a deal, the Hearing Officer imposes terms and conditions for the termination, etc.
• A decision given contrary to HUD regulations, requirements, or otherwise contrary to Federal, State, or Local law.
  • I.E. The Housing Agency terminated the client for violent criminal activity, and the Hearing Officer overturned the decision because the client was having personal problems.

The Hearing Officer is not supposed to:

• Mediate between the client and Housing Agency
• Make judgements
• State opinions
• State policy
• State procedure
• Change any term or condition of the termination
• Give extensions
• Make any deals
• Ask for any information not presented at the hearing
• Give the hearing decision at the hearing

Informal Review Definition

An informal review is conducted based on Housing Agency's decision to deny an applicant's participation in the Housing Choice Voucher Program. An informal review may be request if an applicant:

• Disputes their placement on the waiting list.
• Is denied a voucher.
• Is denied participation in the Program.
• Assistance is denied or delayed to an applicatant because of immigration status of a family member.

Informal reviews will not be granted to applicants who dispute the following actions:

• The number of bedrooms stated on the voucher.
• A determination that a unit does not meet or comply with Housing Quality Standards.
• A determination that a proposed lease is unacceptable.
• A decision to not approve a request for an extension of the term of the voucher.
• General policy issues or class grievances.

Informal Hearing Definition

An informal hearing is conducted based on Housing Agency's decision to terminate a family's participation in the Housing Choice Voucher Program. Informal hearings may be requested for the following reasons:

• A determination of the amount of the total tenant payment or tenant rent.
• A decision to terminate assistance.
• A decision to deny a family move.

Housing Agency is not required to provide an informal hearing in the following cases:

• To review discretionary administrative determinations by Housing Agency, or to consider general policy issues or class grievances.
• To review Housing Agency's determination that the unit does not comply with Housing Agency's Housing Quality Standards, that the owner failed to maintain the unit in a decent, safe, and sanitary manner in accordance with the Housing Quality Standards (HQS), (including all services, maintenance, and utilities required under the lease), or that the unit is not decent, safe, and sanitary because of an increase in family size or change in family composition.
• To review a decision by Housing Agency to exercise any remedy against the owner under an outstanding contract, including the termination of Housing Assistance Payments to the owner.
• To review Housing Agency's decision not to approve a family's request for an extension of the term of the Voucher issued to an assisted family which wants to move to another dwelling unit with continued participation in Housing Agency's Voucher Program.

The Review/Hearing Guidelines

• The review/hearing must be conducted by any person or persons designated by Housing Agency, other than a person who made or approved the decision under review or a subordinate of this person.
• Housing Agency will notify the applicant/client of the Housing Agency final decision after the informal review/hearing, including a brief statement of the reasons for the final decision.

Rights of the Applicant/Client and HA

• The applicant/client must appear in person at the review/hearing and may be represented by an attorney at his/her own expense.
• The applicant/client and Housing Agency have the right to present evidence, both oral and written.
• The applicant/client and Housing Agency have the right to question any witnesses, and the right to state his/her case prior to the hearing officer's decision.
• The applicant/client has the right to arrange for an interpreter to attend the review/hearing, at his/her own expense.
• The applicant/client and the Housing Agency have the right to have the review/hearing recorded by audiotape, at the requesting party's expense.
• The applicant/client has the right to seek redress directly through judicial procedures of the court.
• The Housing Agency has the right to make final submissions.
• The applicant/client and the Housing Agency have the right to review any documents directly relevant to the review/hearing. Review of documents will take place at the Housing Agency office. Copying of any documents will be at the expense of the requesting party. If the applicant/client or the Housing Agency does not make the document available for examination on the request of the other party, that document may not be relied on during the review/hearing.

Missing Hearings or Arriving Late to Hearings

• If the applicant/client misses more than one review/hearing appointment or is more than 15 minutes late to more than one appointment, the decision will be to uphold Housing Agency's determination of denial/termination. This timeframe will vary from Housing Agency to Housing Agency.

Conducting the Review/Hearing

• Greet the applicant/client. Introduce yourself as the Hearing Officer.
• State that you will be conducting the hearing. State that you will ask the Housing Agency to present their case first, so that you become aware of the matter. You will then ask the client to present their case.
• State you will ask questions as each party is presenting if you need further information.
• State if one party has a question of another party, they must wait until the presenting party is finished with their statement, and direct the question to the hearing officer.
• State there is not to be an exchange of questions or discussion between the two parties.
• State the hearing officer will facilitate all questions between the parties.
• State the hearing is a fact finding meeting in order for the hearing officer to make a decision.
• State that a decision will not be given at the hearing. You will mail the client a written hearing decision within 10 calendar days. This time frame will vary from Housing Agency to Housing Agency.
• State that you will and ask everyone their name and who they are representing. Ask each person their name; write it down, as well as their title.
• Ask the client for their current mailing address. State that you will send the hearing decision letter to this address.
• Advise all present that the hearing will last up to 30 minutes. Timeframes will vary from Housing Agency to Housing Agency.
• State that after each presentation, and after you ask questions, you will give each party five minutes to make a final presentation. This allows each party to add any statements they forgot, etc.
• Ask the Housing Agency to present their case.
• Ask the client to present their case and respond to the Housing Agency's statements.
• Ask questions at any time if a statement or document is not clear.
• Keep detailed notes as the hearing progresses. Write down who said what, what evidence was presented, etc. Write your notes as if a judge and jury will be looking at them.
• At the end of the hearing, remind all parties that the decision will be made and a letter with that decision will be sent to the family within 10 calendar days of the review/hearing. Confirm the client's mailing address. Time frame may vary from Housing Agency to Housing Agency.
• Keep control of the review/hearing at all times, giving the Housing Agency and the applicant/client equal time for presentation.
• Additional eveidence will not be accepted after the review/hearing. The hearing decision is based on what is presented or said in the review/hearing.

Review/Hearing Disruptions

• Should any person disrupt the proceedings, advise the party that you will stop the hearing and decide for the other party if disruptions continue. Note the diruption and who made it in your notes.
• If disruptions continue, stop the hearing and base your decision rule for the party that was not causing the disruption.
• State in the hearing decision letter that the hearing was terminated due to the disruption, therefore the decision is to rule for the other party.

Completing the Review/Hearing Determination Letter

• If the decision is to uphold the termination, the effective date of the termination cannot be a date before the date of the hearing.
• Complete the Review/Hearing Determination Letter. Include the following information.
• Complete the decision letter as if you are preparing it for a judge and jury. State facts only. Make the letter easy to read and understand. You may be defending your letter and your decision in a trial against the Housing Agency.
  • Applicant/client name
  • Applicant/client address
  • Date letter is written
  • Date and time of review/hearing
  • Location or review/hearing
  • Names of everyone in attendance at review/hearing
  • Why the client is being terminated (from Housing Agency termination letter)
  • Evidence presented by Housing Agency
  • Evidence presented by client
  • Statements made by Housing Agency
  • Statements made by client
  • Decision
  • HUD regulation for the denial/termination (upholding the denial/termination)
  • Hearing Officer signature
• Note any inconsistancies in procedures, lack of documentation, etc. and bring these issues to the attention of the Housing Agency. Do not include these inconsistencies in the determination letter; however inform the Housing Agency so that they can correct any future problems.

Informal Hearing Sample Template

Informal Hearing Sample Template