If you are a program participant you may appeal a decision by CHA affecting your eligibility or the amount of your assistance. If you have been notified that you face termination of your subsidy you can appeal this decision.
There are ways for you to resolve disputes with CHA that do not involve legal action and to correct errors that might have occurred in the decision-making process.
The conference is an opportunity for you to resolve any outstanding matters that prevent CHA from determining whether you are still eligible to receive HCV assistance.
- If you fail to submit all information required for reexamination, or if your information differs from a third-party source, CHA may offer you the opportunity to participate in a conference.
The conference is held at the discretion of CHA and is not required by federal regulations or HUD. CHA reserves the right to discontinue the use of conferences at any time.
To appeal a decision, you will need to request an Informal Hearing.
You have 10 days from the date of the Intent to Terminate Letter to submit your request for an Informal Hearing.
A hearing officer that was not involved in the decision will oversee your Informal Hearing. You will receive notice about whether the decision was reversed within 10 days of your hearing.
You can request a hearing for the following reasons:
- Denial or termination of your assistance
- Changes in your Total Tenant Payment, rent portion, Payment Standard or Utility Allowance
- Unit size (number of bedrooms) calculation
- Delay, denial or termination of your assistance because of immigration status
If you request an Informal Hearing based on CHA’s decisions about your rent calculation or unit size, you will first receive written explanation of the calculation. If you still disagree with the decision, CHA will grant you an Informal Hearing.
You cannot request a hearing for the following reasons:
- A decision that a unit does not meet Housing Quality Standards
- An extension for your housing search
- A complaint about how CHA develops Utility Allowances (in general—however, you can request a hearing if your Utility Allowance has been changed from one entry to another on the schedule)
- A complaint about general Section 8 Program policies
- CHA’s decision to use or not use any right or remedy against the owner provided in CHA’s contract with the owner
You may bring a lawyer or other representative to your hearing, at your own expense, and bring witnesses and evidence to support your case.
- If you wish to review the documents in your file, you may do so by making a written request to see the documents before the informal hearing date. CHA will provide you with a copy of the documents in your file at a cost of seventy-five cents per page. Payment for copies must be made by money order payable to the Caribou Housing Authority.
- For you to submit documents at the informal hearing:
- You must provide a copy of any and all documents to the CHA at least 2 days prior to the hearing.
- Failure to provide CHA with a chance to look at the documents before the hearing, will result in denial of being able to submit them at the hearing
Any documents that you wish to use at the Informal Hearing, must be provided to the Housing Authority, no less than, two day prior to the Hearing.
INFORMAL HEARING PROCEDURE
- You receive written notice of a CHA decision regarding your participation (this is called an Intent to Terminate notice)
- Within 10 days, you submit a request for an Informal Hearing
- You gather evidence, hire a lawyer (if you choose) and get witnesses to support your case
- At the hearing, the hearing officer listens to both parties in the case (CHA and the participant)
- The hearing officer will make a decision about the case within 10 days
- CHA and the participant will receive notice of the decision and the next steps
- The CHA hearing officer will issue a written decision on whether the rule or regulation questioned was correctly or incorrectly applied according to the information presented at the informal hearing and a review of the entire case file.
- The written decision will either uphold CHA’s original decision or reverse it.