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Learn more about your Appeal and Hearing Rights
Tips for filing an appeal:
•
If
you receive a denial or decision letter, be sure to respond by the
deadline.
•
Put
your response in writing.
•
If
you need help with your appeal due to a disability or limited English skills,
please call the Housing Authority and ask for help.
•
You
may request a copy of the appropriate hearing or grievance procedure.
How can I appeal a Housing Authority decision?
Many
of the decisions made by the Housing Authority can be appealed. Examples of
decisions you may appeal include:
•
A
decision to deny assistance to an applicant.
•
A
determination of the family’s income, which is used to calculate the amount
of rent a family will pay.
•
A
determination of the utility allowance that applies to the family
•
A
determination of a family’s unit size (number of bedrooms) for
participants.
•
A
decision to terminate program assistance for a family.
•
Termination
or denial decisions due to criminal or drug-related activity are subject to
a special appeal process to safeguard the confidentiality of such records.
Under what circumstances would I not be eligible to appeal a Housing
Authority decision?
The
informal hearing process is not available to you for the following
situations.
•
Discretionary
administrative determinations by the PHA.
•
General
policy issues or class grievances
•
A
determination of the family unit size for applicants.
•
An
PHA determination not to approve an extension or suspension of a voucher
term.
•
A
PHA determination not to grant approval of the tenancy.
•
An
PHA determination that a unit is not in compliance with HQS (Housing Quality
Standards), including overcrowding determinations.
•
A
determination by the PHA to exercise or not to exercise any right or remedy
against the owner under a HAP contract.
What are the steps for filing an appeal?
The
process varies depending on the program, but in general, the steps are:
•
The
family requests an appeal by the deadline.
•
Housing
Authority staff will contact the family and offer a meeting, by phone or in
person, to help resolve the problem.
•
If
the family does not want a meeting, or if the issues is not resolved or if
the nature of the issue requires it,, an informal hearing will be scheduled.
•
Before
the hearing, the family has a right to review their file and any documents
related to the determination.
•
The
family may bring a representative or advocate with them to the hearing.
•
The
Hearing Officer will be someone who was not directly involved with the
decision.
•
At
the hearing, the family and the Housing Authority staff will present
information to the Hearing Officer.
•
The
Hearing Officer will issue a written decision after the hearing.
What if I believe a landlord has discriminated against my family?
The
Fair Housing Act prohibits discrimination in the sale, rental, and financing
of dwellings, and in other housing-related transactions, based on race,
color, national origin, religion, sex, familial status (including children
under the age of 18 living with parents of legal custodians, pregnant women,
and people securing custody of children under the age of 18), and handicap
(disability).
If
you think that a landlord, property manager, or other housing provider has
discriminated against you, you have the right to file a complaint with the
Office of Fair Housing and Equal Opportunity.
The Housing Authority can give you the form and provide assistance in filing
a fair housing compliant, or visit this website to obtain a form:
www.hud.gov/complaints/housediscrim.cfm
You
may also call toll-free
1 (800) 669-9777 to file
a complaint.
What if I believe the Housing Authority has discriminated against me on the
basis of disability?
You
have a right to file a grievance if you think the Housing Authority has
discriminated against you on the basis of disability.
To
file a grievance at any time, submit your request to the Housing Authority
in writing, to the attention of “504 Coordinator.”
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