The PHA must give an opportunity for an informal hearing of the PHA decision to terminate assistance.1 When a hearing is requested, the PHA must proceed with the hearing in a reasonably expeditious manner if the family so requests.2 If the Section 8 participant timely requests a hearing, then the PHA must provide continued program assistance if the participant has an active HAP contract.3
24 C.F.R. § 982.555(e) lays out the basic requirements for PHA hearings for HCVP participants. A family facing a proposed termination from the program can seek assistance from a lawyer or other representative.4 Before the hearing, the family and/or its representative must be given the opportunity to examine any PHA documents directly relevant to the hearing. If the PHA does not make the document available for examination on request of the family, the PHA may not rely on the document at the hearing.5
The hearing can be conducted by any person, other than the person or a subordinate of this person who made or approved the decision to propose termination. The person who conducts the hearing is to regulate the conduct of the hearing in accordance with the PHA hearing procedures, but the rules of evidence are lax in comparison to most judicial proceedings. Nonetheless, due process is required. The PHA and the family must be given the opportunity to present evidence and may question any witnesses. Following the hearing, the person who conducts the hearing must provide the family with a written decision that states the PHA’s reasons.6
The PHA is not bound by a hearing decision if it involves a matter for which the PHA is not required to provide an opportunity for an informal hearing7 or the decision is contrary to HUD regulations or requirements or to federal, state, or local law.8 If the PHA determines that it is not bound by a hearing decision, the PHA must promptly notify the family of that determination and the PHA’s reasoning.
Factual determinations relating to the individual circumstances of the family must be based on a preponderance of the evidence presented at the hearing.9 Remember that the PHA bears the burden of proving the alleged violation.10
- 124 C.F.R. § 982.555(a), (c)(2). This hearing may provide greater protections than the informal review accorded to applicants.
- 224 C.F.R. § 982.555(d).
- 324 C.F.R. § 982.555(a)(2).
- 424 C.F.R. § 982.555(e)(3).
- 524 C.F.R. § 982.555(e)(2)(i).
- 624 C.F.R. § 982.555(e).
- 7See 24 C.F.R. § 982.555(b) for a list of these eight matters.
- 824 C.F.R. § 982.555(f).
- 924 C.F.R. § 982.555(e)(6).
- 10See Basco v. Machin, 514 F.3d 1177 (11th Cir. 2008).