06.11.2014 Views

Chapter 1 - San Diego Housing Commission

Chapter 1 - San Diego Housing Commission

Chapter 1 - San Diego Housing Commission

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>Chapter</strong> 11 – Program Terminations and Program Integrity Unit<br />

[24 CFR Part 982, Subpart B, G, I & K]<br />

V. ADMINISTRATIVE REVIEW PROCEDURES<br />

1. Applicants<br />

SDHC will issue a written Notice of Ineligibility to Section 8 applicants that have been determined<br />

ineligible. The Notice will include the reason(s) for the decision and the procedures and timeframe<br />

for requesting an Administrative Review.<br />

The Administrative Review shall be conducted by any person designated by SDHC other than the<br />

person who made or approved the original decision under review.<br />

The applicant shall be given the opportunity to present documentation or written objections to<br />

SDHC’s decision. SDHC shall promptly notify the participant in writing of the decision.<br />

2. Participants<br />

SDHC will issue participants a written Notice of Intended Action for decisions that reduce a family’s<br />

assistance or deny a reasonable accommodation. The notice shall include the reasons for the<br />

decision and the opportunity to request an Administrative Review.<br />

When the participant’s objection is not resolved through the Administrative Review process, the<br />

Administrative Review decision letter will notify the participant of their right to request an Informal<br />

Hearing.<br />

W. WHEN AN INFORMAL HEARING IS REQUIRED AFTER COMPLETION OF<br />

ADMINISTRATIVE REVIEW PROCESS<br />

SDHC will give a participant family an opportunity for an Informal Hearing to consider whether the<br />

following SDHC decisions relating to the individual circumstances of the participant family are in<br />

accordance with the law, HUD regulations and SDHC policies:<br />

- Determination of the family’s annual or adjusted income<br />

- Calculation of total tenant payment<br />

- Determination of appropriate utility allowance<br />

- Termination of assistance<br />

- Denial of a new voucher for a family that wants to move<br />

- Determination of voucher size<br />

- Denial of Reasonable Accommodation request<br />

- Determination of ineligible immigration status.<br />

X. INFORMAL HEARING POLICY<br />

The purpose of the Informal Hearing Process is to afford SDHC the opportunity to have an objective<br />

party consider whether decisions relating to a family’s continuing eligibility are in accordance with law,<br />

HUD regulations and this Administrative Plan.<br />

The Informal Hearing is not meant to replace or circumvent appropriate judicial review.<br />

SDHC may implement the following prior to the hearing:<br />

11-15

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!