2.4.3 Procedure
2.4.3 Procedure aetrahan Mon, 01/23/2023 - 13:52The PHA must give an applicant prompt written notice of a decision denying admission to the HCVP. The notice must briefly state the reasons for the decision (including any eligibility determination) and the availability of and process for requesting an informal review of the decision.1 This “informal review” differs from the “informal hearing” available when assistance is terminated. For instance, an “informal hearing” provides a right of discovery, whereas an “informal review” does not.2
The PHA’s Administrative Plan will identify the specific procedures it will use to conduct the informal review. At a minimum, the procedures must comply with three provisions: it may not be conducted by the person who made or approved the decision to deny or by a subordinate of this person; the applicant must have opportunity to present written or oral objections to the decision; the PHA must issue its decision in writing after the informal review, including a brief statement of the reasons for the final decision.3
The PHA is not required to provide the applicant an opportunity for an informal review when the denial of assistance relates to a discretionary administrative determination by the PHA; general policy issues or class grievances; a determination of the family unit size under the PHA subsidy standards; a determination not to approve an extension or suspension of a voucher term; a determination not to grant approval of the tenancy; a determination that a unit selected by the applicant is not in compliance with Housing Quality Standards.4
It is important to act quickly when a family has received notice of a denial of assistance. The informal review process is usually time sensitive with hard deadlines set by the PHA. When assisting a client who has been denied assistance, quick action to notify the PHA of the request for an informal review should be your first step. Because many denials of assistance stem from the PHA making its determination on information that is inaccurate or out-of-date, include with this notification a request to review the family’s file to determine what information the PHA is using as the basis for its determination. Even if the PHA has correct information, you can nonetheless take action that will allow the problem to be rectified before the review occurs, such as when a denial is due to an expungable criminal record.