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Section 8 Informal Hearings
HAP must give a Participant family an opportunity for an informal hearing to consider whether the following HAP decisions relating to the individual circumstances of a Participant Family are in accordance with the law, HUD regulation, and HAP policies:

1. HAP's determination of the Family's annual or adjusted income, and the use of such income to compute the housing assistance payment;
2. HAP's determination of the appropriate utility allowance (if any) for the tenant-paid utilities from HAP's utility allowance schedule;
3. HAP's determination of the Family unit size under HAP's Subsidy Standards;
4. HAP's determination that a participant Family is residing in a unit with a larger number of bedrooms than appropriate for the Family size under HAP's Subsidy Standards, or HAP's determination to deny the Family's request for an exception from the standards;
5. HAP's determination to terminate assistance to a Participant Family because of a Family's action or failure to act; or
6. HAP's determination to terminate assistance because the Participant Family has been absent from the assisted unit for longer than the maximum period permitted under HAP's policy and HUD rules.

HAP is not required to provide an opportunity for an informal hearing in the following instances:

1. Discretionary administrative determinations by HAP;
2. General policy issues or class grievances;
3. Establishment of HAP's schedule of utility allowances for Families in the program;
4. HAP's determination not to approve an extension or suspension of a Voucher;
5. HAP's determination not to approve a unit or lease;
6. HAP's determination that an assisted unit is not in compliance with HQS (However, HAP must provide the opportunity for an informal hearing for a decision to terminate assistance for a breach of HQS caused by the Family);
7. HAP's determination that the unit is not in accordance with HQS because of Family Size; or
8. HAP's determination not to exercise any right to remedy against the Owner under a HAP contract.

Notifications and Procedures

HAP will provide notice to Participants of their right to the appropriate appeal process. The notice will include a statement that the explanation and hearing must be requested within a specified time period. The Participant must request the informal hearing.

If the informal hearing is requested within the specified time period, the Section 8 office will schedule the time, date, and place the review/hearing will take place. A confirmation notice will be sent to the Participant. The notice will also include the following information:

1. At his/her own expense, the Participant may be represented by a lawyer or other representative;
2. The person conducting the informal hearing may regulate conduct at the meeting according to HAP's procedures;
3. HAP and the Participant shall be given the opportunity to present evidence, and may question any witnesses. The rules of evidence for judicial proceedings are not applicable; and
4. The person conducting the review shall issue a written decision stating briefly the reasons for the decision. Factual determinations relating to the individual circumstances of the tenant shall be based on evidence presented at the hearing. A copy of the decision shall be furnished promptly to the Participant.