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HHF Appeals and Review Processes - Ohio Housing Finance Agency

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To: <strong>Housing</strong> Counseling Agencies<br />

Subject: <strong>HHF</strong> <strong>Appeals</strong> <strong>and</strong> <strong>Review</strong> <strong>Processes</strong><br />

Bulletin Number: 2013-4<br />

Issue Date: March 20, 2013<br />

APPEAL PROCESS<br />

Save the Dream <strong>Ohio</strong> clients who disagree with a decision made by OHFA’s underwriting team, may<br />

appeal that decision following the appeals process described in this guidance. Only those files that<br />

resulted in a decline or were terminated from assistance early, as described below, may be appealed.<br />

Appeal Types<br />

There are four different types of appeals:<br />

1. Error: The homeowner believes a mistake was made by the underwriter that resulted in the<br />

decline;<br />

2. Policy Dispute: Appealing a decline because the homeowner disagrees with the guideline,<br />

policy, or process that resulted in the decline; <strong>and</strong><br />

3. Change in Circumstances: Appealing a decline because the either OHFA’s guidelines have<br />

changed or the homeowner’s situation has changed since the original decline such that the<br />

homeowner would now be eligible.<br />

4. End of Assistance: Appealing early termination, removal of payments, or dem<strong>and</strong> for repayment<br />

that occurred because the homeowner did not respond to a Hardship Verification Audit or a<br />

MPA Certification <strong>and</strong> the homeowner wishes to provide the necessary documentation to reenroll<br />

in SDO.<br />

Requesting an Appeal<br />

A homeowner may request an appeal by contacting their housing counselor. If the housing counselor<br />

believes the request for appeal is reasonable, the counselor must complete the Appeal Request Form<br />

located on the <strong>Ohio</strong> <strong>Housing</strong> <strong>Finance</strong> <strong>Agency</strong> website, gather supporting documents, if applicable, <strong>and</strong><br />

submit to their administrator for final review. Supporting documents include:<br />

• Change in Circumstances –An updated paystub, mortgage statement, <strong>and</strong> if the file was<br />

originally submitted to underwriting prior to February 1, 2013, a new hardship affidavit.<br />

• End of Assistance –Documents required by the MPA Certification (verification of income <strong>and</strong><br />

MPA Certification Form) or Hardship Verification Audit.<br />

All appeals must be reviewed for validity <strong>and</strong> submitted to OHFA by the housing counseling agency’s<br />

<strong>HHF</strong> Administrator following the procedure below:<br />

1. The administrator should submit the Appeal Form to hhfappeals@ohiohome.org.<br />

2. The counselor or administrator should export any supporting documents to OHFA underwriting.<br />

3. Finally, the counselor or administrator should update the communication log to explain that an<br />

Appeal Request Form has been submitted to OHFA <strong>and</strong> the appropriate supporting documents<br />

have been exported.


Timeline<br />

<strong>Appeals</strong> for Error, Policy Dispute, or End of Assistance, must be filed within 60 days of the date the<br />

homeowner was notified of decline or early termination. The homeowner will be notified via a Decline<br />

Letter, an End of Assistance Letter, or a Hardship Verification Audit letter.<br />

OHFA Appeal Consideration Process<br />

Error – Once received, if the appeal is due to an Error, an underwriter who did not originally underwrite<br />

the file will review within 30 days <strong>and</strong> issue a determination. If the new underwriter upholds the original<br />

decision <strong>and</strong> the homeowner still disputes the decision, the homeowner may re-appeal that decision.<br />

Upon re-appeal, the file will be reviewed by the <strong>HHF</strong> Governance Committee.<br />

Change in Circumstances – Once received, if the appeal is due to a Change in Circumstances, an<br />

underwriter will review within 30 days <strong>and</strong> issue a determination. If the underwriter upholds the original<br />

decision <strong>and</strong> the homeowner still disputes the decision, the homeowner may re-appeal that decision.<br />

Upon re-appeal, the file will be reviewed by the <strong>HHF</strong> Governance Committee.<br />

Policy Dispute – If the appeal a Policy Dispute, the appeal will be reviewed <strong>and</strong> a determination issued<br />

within 30 days by the <strong>HHF</strong> Governance Committee. However, if the determination requires an update to<br />

the <strong>HHF</strong> Program Guidelines, it may be up to 90 days before the update is implemented.<br />

End of Assistance – If the appeal is due early termination, removal of payments, or dem<strong>and</strong> for<br />

repayment that occurred because the homeowner did not respond to an MPA Certification, an<br />

underwriter will review within 30 days <strong>and</strong> issue a determination. If the underwriter upholds the original<br />

decision <strong>and</strong> the homeowner still disputes the decision, the homeowner may re-appeal that decision.<br />

Upon re-appeal, the file will be reviewed by the <strong>HHF</strong> Governance Committee.<br />

If the End of Assistance Appeal is due to the Hardship Verification Audit, <strong>HHF</strong> Compliance will review the<br />

file within 30 days <strong>and</strong> issue a determination.<br />

Final Appeal – If, for any type of appeal, the homeowner disputes the decision made by the Governance<br />

Committee, the file will be reviewed by the OHFA <strong>HHF</strong> Appeal Committee. The decision made by the<br />

OHFA <strong>HHF</strong> Appeal Committee is final <strong>and</strong> may not be appealed.<br />

RE-REVIEW PROCESS<br />

Save the Dream <strong>Ohio</strong> clients may request that their files be re-reviewed by OHFA’s underwriting team<br />

following the re-review process described in this guidance.<br />

<strong>Review</strong> Types<br />

There are three different types of reviews:<br />

1. Eligibility (Prior to 2/1/13): A homeowner may request that their file be reviewed for eligibility<br />

if a file submitted to OHFA before 2/1/13 was previously withdrawn or became inactive.<br />

2. Eligibility (After 2/1/13): A homeowner may request that their file be reviewed for eligibility if a<br />

file submitted to OHFA on or after 2/1/13 was previously withdrawn or became inactive.<br />

3. Additional Assistance: A homeowner who previously received assistance from Save the Dream<br />

<strong>Ohio</strong> but is still struggling with a financial hardship <strong>and</strong> has funds remaining in their maximum


enefit amount, may request a review to determine whether he/she is eligible for additional<br />

assistance.<br />

4. Change in Income: Homeowners participating in the Mortgage Payment Assistance (MPA)<br />

program are required to report any increase in income or change in employment circumstance<br />

to OHFA. Reporting a change in income triggers a review to determine if a homeowner is still<br />

eligible to participate in MPA.<br />

5. Resubmission after Bankruptcy: A homeowner who received MPA prior to filing bankruptcy<br />

may resume MPA following a bankruptcy discharge if it has been less than 180 days since the<br />

bankruptcy was filed.<br />

Requesting a <strong>Review</strong><br />

A homeowner may request a review by contacting their housing counselor. If the housing counselor<br />

believes the request for review is reasonable or necessary, the counselor must send an email to<br />

<strong>HHF</strong><strong>Review</strong>@ohiohome.org, unless the file was submitted to OHFA underwriting prior to 2/1/13 <strong>and</strong><br />

was withdrawn or became inactive. Those files must be submitted by an HCA Administrator per the<br />

guidance issued in Bulletin 2013-3.<br />

The email to <strong>HHF</strong><strong>Review</strong>@ohiohome.org must include the <strong>Review</strong> Request Form with the homeowner’s<br />

name, client ID, reason for the review request (Eligibility, Additional Assistance, or Change in Income),<br />

<strong>and</strong> confirmation that the appropriate documents have been exported to underwriting. If the request is<br />

for an Eligibility or Additional Assistance <strong>Review</strong>, the counselor must export updated income<br />

documentation, a mortgage statement, a utility bill, <strong>and</strong>, if applicable, a new application to OHFA<br />

underwriting using the <strong>HHF</strong> Counselor Module. If the request is for a Change in Income <strong>Review</strong>, the<br />

counselor must export updated income documentation <strong>and</strong> the Change in Income <strong>Review</strong> Form located<br />

on the <strong>Ohio</strong> <strong>Housing</strong> <strong>Finance</strong> <strong>Agency</strong> website. If the request is for Resubmission after Bankruptcy, the<br />

counselor should submit the discharge date, 30 days of income, <strong>and</strong> the Application to Resume SDO<br />

Assistance Following Bankruptcy.<br />

OHFA <strong>Review</strong> Process<br />

Requests will be reviewed within 30 days of receipt, if all necessary documents have been uploaded to<br />

the file. The review will be conducted by a designated underwriter or underwriters.

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