ADMINISTRATIVE PLAN - San Antonio Housing Authority
ADMINISTRATIVE PLAN - San Antonio Housing Authority ADMINISTRATIVE PLAN - San Antonio Housing Authority
Informal Hearing ProceduresNotice to the Family [24 CFR 982.555(c)]When the PHA makes a decision that is subject to informal hearing procedures, the PHA shallinform the family of its right to an informal hearing at the same time that it informs the family ofthe decision.For decisions related to a family’s annual or adjusted income, the determination of theappropriate utility allowance, and the determination of the family unit size, the PHA shall notifythe family that they may ask for an explanation of the basis of the determination, and that if theydo not agree with the decision, they may request an informal hearing on the decision.For decisions related to the termination of the family’s assistance, or the denial of a family’srequest for an exception to the PHA’s subsidy standards, the notice shall contain: a briefstatement of the reasons for the decision; a statement that if the family does not agree with thedecision, the family may request an informal hearing on the decision; and a statement of thedeadline for the family to request an informal hearing.PHA PolicyIn cases where the PHA makes a decision for which an informal hearing must be offered,the notice to the family shall include all of the following:The proposed action or decision of the PHA; andA brief statement of the reasons for the decision including the regulatory reference;andThe date the proposed action will take place; andA statement of the family’s right to an explanation of the basis for the PHA’sdecision; andA statement that if the family does not agree with the decision the family may requestan informal hearing of the decision; andA deadline for the family to request the informal hearing; andTo whom the hearing request should be addressed.© Copyright 2008 Nan McKay & Associates, Inc. Page 16-12 Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
Scheduling an Informal Hearing [24 CFR 982.555(d)]When an informal hearing is required, the PHA must proceed with the hearing in a reasonablyexpeditious manner upon the request of the family.PHA PolicyA request for an informal hearing must be made in writing and delivered to the PHAeither in person, by first class mail or by fax, by the close of the business day, no laterthan 10 business days from the date of the PHA’s decision or notice to terminateassistance.The PHA may hold a pre-hearing conference with the family to attempt to resolve thematter to the PHA and family’s satisfaction. If the issue is not resolved, the PHA willmove forward with scheduling the informal hearing.The PHA must schedule and send written notice of the informal hearing to the familywithin 30 business days of the family’s request.The family may request to reschedule a hearing for good cause, or if it is needed as areasonable accommodation for a person with disabilities. Good Cause is defined as anunavoidable conflict, which seriously affects the health, safety or welfare of the family.Requests to reschedule a hearing must be made orally or in writing prior to the hearingdate. At its own discretion, the PHA may request documentation of the “good cause”prior to rescheduling the hearing.If the family does not appear at the scheduled time, and was unable to reschedule thehearing in advance due to the nature of the conflict, the family must contact the PHAwithin 24 hours of the scheduled hearing date, excluding weekends and holidays. ThePHA will reschedule the hearing only if the family can show good cause for the failure toappear, or if it is needed as a reasonable accommodation for a person with disabilities.If the family requests a reasonable accommodation in order to comply with the PHA’spolicies or procedures, the PHA will accept and process the request in accordance withsections 2-II.B., 2-II.C. and 7-I.B. At the conclusion of the reasonable accommodationprocess, the PHA shall notify the family of its decision and determine whether the familywishes to withdraw its hearing request or pursue a hearing.© Copyright 2008 Nan McKay & Associates, Inc. Page 16-13 Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
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Scheduling an Informal Hearing [24 CFR 982.555(d)]When an informal hearing is required, the PHA must proceed with the hearing in a reasonablyexpeditious manner upon the request of the family.PHA PolicyA request for an informal hearing must be made in writing and delivered to the PHAeither in person, by first class mail or by fax, by the close of the business day, no laterthan 10 business days from the date of the PHA’s decision or notice to terminateassistance.The PHA may hold a pre-hearing conference with the family to attempt to resolve thematter to the PHA and family’s satisfaction. If the issue is not resolved, the PHA willmove forward with scheduling the informal hearing.The PHA must schedule and send written notice of the informal hearing to the familywithin 30 business days of the family’s request.The family may request to reschedule a hearing for good cause, or if it is needed as areasonable accommodation for a person with disabilities. Good Cause is defined as anunavoidable conflict, which seriously affects the health, safety or welfare of the family.Requests to reschedule a hearing must be made orally or in writing prior to the hearingdate. At its own discretion, the PHA may request documentation of the “good cause”prior to rescheduling the hearing.If the family does not appear at the scheduled time, and was unable to reschedule thehearing in advance due to the nature of the conflict, the family must contact the PHAwithin 24 hours of the scheduled hearing date, excluding weekends and holidays. ThePHA will reschedule the hearing only if the family can show good cause for the failure toappear, or if it is needed as a reasonable accommodation for a person with disabilities.If the family requests a reasonable accommodation in order to comply with the PHA’spolicies or procedures, the PHA will accept and process the request in accordance withsections 2-II.B., 2-II.C. and 7-I.B. At the conclusion of the reasonable accommodationprocess, the PHA shall notify the family of its decision and determine whether the familywishes to withdraw its hearing request or pursue a hearing.© Copyright 2008 Nan McKay & Associates, Inc. Page 16-13 Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
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