ADMINISTRATIVE PLAN - San Antonio Housing Authority
ADMINISTRATIVE PLAN - San Antonio Housing Authority ADMINISTRATIVE PLAN - San Antonio Housing Authority
Informal Review Decision [24 CFR 982.554(b)]The PHA must notify the applicant of the PHA’s final decision, including a brief statement of thereasons for the final decision.PHA PolicyIn rendering a decision, the PHA will evaluate the following:Whether or not the grounds for denial were stated factually in the Notice.The validity of grounds for denial of assistance. If the grounds for denial are notspecified in the regulations, or PHA policies and procedures, then the decision todeny assistance will be overturned.The validity of the evidence. The PHA will evaluate whether the facts presentedprove the grounds for denial of assistance. If the facts prove there are grounds fordenial, and HUD requires the denial, then the PHA will uphold the decision todeny assistance.If the facts prove the grounds for denial, and the denial is discretionary, the PHAwill consider the recommendation of the person conducting the informal review inmaking the final decision whether to deny assistance.The PHA shall notify the applicant of the final decision, including a statement explainingthe reason(s) for the decision. The notice will be mailed within 10 business days of theinformal review, to the applicant and his or her representative, if any, along with proof ofmailing.If the decision to deny is overturned as a result of the informal review, processing foradmission will resume.If the family fails to appear for their informal review, the denial of admission will standand the family will be so notified.16-III.C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR 982.555]PHAs must offer an informal hearing for certain PHA determinations relating to the individualcircumstances of a participant family. A participant is defined as a family that has been admittedto the PHA’s HCV program and is currently assisted in the program. The purpose of the informalhearing is to consider whether the PHA’s decisions related to the family’s circumstances are inaccordance with the law, HUD regulations and PHA policies.The PHA is not permitted to terminate a family’s assistance until the time allowed for the familyto request an informal hearing has elapsed, and any requested hearing has been completed.Termination of assistance for a participant may include any or all of the following:Refusing to enter into a HAP contract or approve a leaseTerminating housing assistance payments under an outstanding HAP contractRefusing to process or provide assistance under portability procedures© Copyright 2008 Nan McKay & Associates, Inc. Page 16-10 Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
Decisions Subject to Informal HearingCircumstances for which the PHA must give a participant family an opportunity for an informalhearing are as follows:1. A determination of the family’s annual or adjusted income, and the use of such income tocompute the housing assistance payment2. A determination of the appropriate utility allowance (if any) for tenant-paid utilities fromthe PHA utility allowance schedule3. A determination of the family unit size under the PHA’s subsidy standards4. A determination that a certificate program family is residing in a unit with a largernumber of bedrooms than appropriate for the family unit size under the PHA’s subsidystandards, or the PHA determination to deny the family’s request for exception from thestandards5. A determination to terminate assistance for a participant family because of the family’sactions or failure to act6. A determination to terminate assistance because the participant has been absent from theassisted unit for longer than the maximum period permitted under PHA policy and HUDrules7. A determination to terminate a family’s Family Self Sufficiency contract, withholdsupportive services, or propose forfeiture of the family’s escrow account [24 CFR984.303(i)]8. A determination to deny admission based on an unfavorable program history that may bethe result of domestic violence, dating violence, or stalking.Circumstances for which an informal hearing is not required are: Discretionary administrative determinations by the PHA General policy issues or class grievances Establishment of the PHA schedule of utility allowances for families in the program A PHA determination not to approve an extension or suspension of a voucher term A PHA determination not to approve a unit or tenancy A PHA determination that a unit selected by the applicant is not in compliance with the HQS A PHA determination that the unit is not in accordance with HQS because of family size A determination by the PHA to exercise or not to exercise any right or remedy against anowner under a HAP contractPHA PolicyThe PHA will only offer participants the opportunity for an informal hearing whenrequired by the regulations.© Copyright 2008 Nan McKay & Associates, Inc. Page 16-11 Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
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Decisions Subject to Informal HearingCircumstances for which the PHA must give a participant family an opportunity for an informalhearing are as follows:1. A determination of the family’s annual or adjusted income, and the use of such income tocompute the housing assistance payment2. A determination of the appropriate utility allowance (if any) for tenant-paid utilities fromthe PHA utility allowance schedule3. A determination of the family unit size under the PHA’s subsidy standards4. A determination that a certificate program family is residing in a unit with a largernumber of bedrooms than appropriate for the family unit size under the PHA’s subsidystandards, or the PHA determination to deny the family’s request for exception from thestandards5. A determination to terminate assistance for a participant family because of the family’sactions or failure to act6. A determination to terminate assistance because the participant has been absent from theassisted unit for longer than the maximum period permitted under PHA policy and HUDrules7. A determination to terminate a family’s Family Self Sufficiency contract, withholdsupportive services, or propose forfeiture of the family’s escrow account [24 CFR984.303(i)]8. A determination to deny admission based on an unfavorable program history that may bethe result of domestic violence, dating violence, or stalking.Circumstances for which an informal hearing is not required are: Discretionary administrative determinations by the PHA General policy issues or class grievances Establishment of the PHA schedule of utility allowances for families in the program A PHA determination not to approve an extension or suspension of a voucher term A PHA determination not to approve a unit or tenancy A PHA determination that a unit selected by the applicant is not in compliance with the HQS A PHA determination that the unit is not in accordance with HQS because of family size A determination by the PHA to exercise or not to exercise any right or remedy against anowner under a HAP contractPHA PolicyThe PHA will only offer participants the opportunity for an informal hearing whenrequired by the regulations.© Copyright 2008 Nan McKay & Associates, Inc. Page 16-11 Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
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