HCV Informal Reviews & Hearings Housing Choice Voucher...

Quadel Consulting and Management, LLC

HCV Informal Reviews & HCV Informal Reviews & HCV Informal Reviews & HCV Informal Reviews & HearingsHearingsHearingsHearings

Housing Choice Voucher Housing Choice Voucher Housing Choice Voucher Housing Choice Voucher ProgramProgramProgramProgramJanuary 11, 2017

Presenter: Julie O’Connor


…to provide Housing

But what happens when the families you serve do not hold up their end of the bargain?

What is the purpose of a What is the purpose of a What is the purpose of a What is the purpose of a PHA?PHA?PHA?PHA?


What Authority Does a PHA have to Deny What Authority Does a PHA have to Deny What Authority Does a PHA have to Deny What Authority Does a PHA have to Deny or Terminate assistance?or Terminate assistance?or Terminate assistance?or Terminate assistance?24 CFR 982.552 and 553

• Admissions and Terminations

982.554 and 555• Informal Reviews and Informal Hearings

982.54• Administrative Plan

PIH 2015-19• Guidance on Excluding the Use of Arrest Records in Housing Decisions

HUD Guide- Chapter 16 Informal Reviews and Hearings

HUD forms- Housing Choice Voucher Form 52646


MAY vs MUSTMAY vs MUSTMAY vs MUSTMAY vs MUST

�Permissive/ Discretionary:

o “may” or “will,” “authority to,” or “however”

- PHA establishes standards on how they will handle the scenario

�Mandatory

o “must”

-PHA Establishes Standards to

cover the exceptions


Permissive Grounds Permissive Grounds Permissive Grounds Permissive Grounds Action Action Action Action or inaction by or inaction by or inaction by or inaction by familyfamilyfamilyfamily

Assistance MAY be denied When:

• Denying listing on the PHA waiting list

• Denying or withdrawing a voucher

• Refusing to enter into a HAP contract or approve a lease

• Refusing to process or provide assistance under portability procedures


DISCRETIONARY Grounds DISCRETIONARY Grounds DISCRETIONARY Grounds DISCRETIONARY Grounds AuthorityAuthorityAuthorityAuthority to deny admission or terminate assistanceto deny admission or terminate assistanceto deny admission or terminate assistanceto deny admission or terminate assistance

Assistance MAY be denied When:

• Family violates program obligations

• Any member was evicted from public housing/Section 8 assistance was terminated

• Owes money to any HA

• Breaches a repayment agreement

• Engages in/threatens abusive or violent behavior toward HA personnel


DISCRETIONARY Grounds DISCRETIONARY Grounds DISCRETIONARY Grounds DISCRETIONARY Grounds AuthorityAuthorityAuthorityAuthority to deny admission or terminate to deny admission or terminate to deny admission or terminate to deny admission or terminate assistanceassistanceassistanceassistance

• Violent or drug-related criminal activity

• Member commits fraud, bribery, or other corrupt criminal act

• Fails to comply with FSS or WTW program


Discretionary considerationsDiscretionary considerationsDiscretionary considerationsDiscretionary considerations

• May consider relevant circumstances

• May exclude a household member

• May Consider Evidence of Rehab

• Must allow Reasonable Accommodations

• Must comply with Fair Housing and protection for victims of domestic violence

LOOK at your Admin Plan for other considerations


MANDATORY GroundsMANDATORY GroundsMANDATORY GroundsMANDATORY GroundsDenial Of AdmissionDenial Of AdmissionDenial Of AdmissionDenial Of Admission

Must be denied:

• Household is not eligible

• Refuses to sign forms

• Does not need assistance

• Fails to meet mandatory screening requirements

• Drug and Criminal activity


MANDATORY GroundsMANDATORY GroundsMANDATORY GroundsMANDATORY GroundsTerminating Terminating Terminating Terminating assistance for assistance for assistance for assistance for drugs, alcohol, other drugs, alcohol, other drugs, alcohol, other drugs, alcohol, other

criminal activitycriminal activitycriminal activitycriminal activity

Must establish standards to terminate:

• currently engaged in any illegal use of a drug; or

• a pattern of illegal use of a drug

• violated the family's obligation not to engage in any drug-related criminal activity

• Other criminal activity

• Alcohol abuse

Do you know what standards are in your Admin Plan?


MANDATORY Grounds MANDATORY Grounds MANDATORY Grounds MANDATORY Grounds MUST Terminate Assistance When:MUST Terminate Assistance When:MUST Terminate Assistance When:MUST Terminate Assistance When:

• Household member convicted of producing methamphetamine in Section 8 unit or building

• Refusal to sign consent forms

• Failure to comply with non-citizen reporting requirements

• Family not eligible due to immigration status


Are you Ready to Deny or Terminate Are you Ready to Deny or Terminate Are you Ready to Deny or Terminate Are you Ready to Deny or Terminate Assistance?Assistance?Assistance?Assistance?

• Do you have enough documentation?

• Is it good, bad, or meeting the requirements for preponderance of the evidence?


Documentation Documentation Documentation Documentation

Good

• File documents

• Application/Personal declaration

• Third party verification/EIV

• Public records

• Witness with first hand knowledge

Bad

• Unverified or unverifiable verbal reports/allegations/complaints

• Assumptions/conclusions based upon unverified fact

• Drives a luxury car, must be committing fraud


What about those great photos?What about those great photos?What about those great photos?What about those great photos?

Documentation

• Photo logs

• Who took it

• What does it show

• Where was it taken

• When was it taken

• Why is photo important

• Color copies


DocumentationDocumentationDocumentationDocumentationPreponderance of the evidence

• It is the responsibility of the housing agency to prove that the applicant/participant does not qualify for participation in the program

• Best forms of evidence include:• File documents• Application forms• Third Party Verification/EIV reports

Legal Definition of Preponderance of the Evidence:

• The burden of proof required in a civil (non-criminal) action to convince the court that a given proposition is true

• The plaintiff must convince the judge or jury by a preponderance of the evidence that the plaintiff's version is true

• More than 50% of the believable evidence is in the plaintiff's favor

www.nolo.com


PIH 2015PIH 2015PIH 2015PIH 2015----19191919

• Arrest is NOT Preponderance of the evidence

• Arrest Records cannot be used to deny or terminate

assistance

• If an individual was arrested, it is not evidence that he or she has engaged in criminal activity.

• An arrest shows nothing more than that someone probably suspected the person apprehended of an offense.


Characteristics of a Well Written Characteristics of a Well Written Characteristics of a Well Written Characteristics of a Well Written Denial/Termination NoticeDenial/Termination NoticeDenial/Termination NoticeDenial/Termination Notice• Written notice

• State reason

• Identify the CFR

• Include the facts to support the violation

• Explain how the facts are connected

• If denying or terminating for several reasons, list them all!

• Identify and provide any Criminal Records CFR 982.553 (d)(1 &2)


Characteristics of a Well Written Characteristics of a Well Written Characteristics of a Well Written Characteristics of a Well Written Denial/Termination NoticeDenial/Termination NoticeDenial/Termination NoticeDenial/Termination Notice

• Right to request an Informal review/ hearing

• Or state why they are not entitled 982.554 (c) & 982.555 (b)

• Deadline

• What does your ADMIN Plan say?

• Right to inspect documents

• How to request a reasonable accommodation if needed


Purpose of Informal Reviews and HearingsPurpose of Informal Reviews and HearingsPurpose of Informal Reviews and HearingsPurpose of Informal Reviews and Hearings• Resolve HCV applicant & participant disputes without legal

action

• Enforce Federal Regulations

• Resolve the problem

• Enforcement as a Deterrent

• Opportunity to correct PHA errors that may have occurred in the decision making process


Informal Review and Hearing GoalsInformal Review and Hearing GoalsInformal Review and Hearing GoalsInformal Review and Hearing Goals

• Treatment that is fair, equitable and professional

• Consistency and accuracy

• Timely actions after the applicant /participant request

• Compliance with applicable laws, HUD regulations and PHA policies


Informal ReviewsInformal ReviewsInformal ReviewsInformal Reviews

Required

Decisions Concerning:

• Listing on PHA’s Waiting List

• Voucher Issuance

• Participation in Program

• Any Type of Preference

Not Required

• Unit Size under PHA’s Subsidy Standards

• Rejection of Units that Fail HQS or are not in accordance with Family Size

• Disapproval of Owner’s lease

• Refusal to Extend Voucher

• General Policy Issues or Class Grievances

• Discretionary Administrative Determinations by PHA


Informal HearingsInformal HearingsInformal HearingsInformal Hearings

Decisions Concerning:

• Eligible Immigration Status

• Calculation of TTP or Tenant Rent

• Determination of Appropriate Utility Allowance from PHA’s Utility Allowance Schedule

• Termination of Assistance

• Unit Size Determinations

• Denial of a hardship exemption to the minimum rent requirements

• Rejection of Unit that Fails HQS

• Unit Not in Accordance With HQS Due to Family Size

• How the PHA Establishes its Utility Allowance Schedule

• Refusal to Extend a Voucher

• PHA Discretionary Administrative Determinations

• General Policy Issues or Class Grievances

• PHA Determination not to approve a Unit/Lease

• A Determination to Exercise or Not Exercise any Right or Remedy Against the Owner under a HAP Contract

Required Not Required


Family’s RightsFamily’s RightsFamily’s RightsFamily’s Rights

•Representation

•Examine relevant documents

•Present evidence and arguments

•Decision based upon the facts presented at the hearing


DocumentationDocumentationDocumentationDocumentation

• Do you have everything you need to present at a hearing?

• Supporting Evidence

• Cost to copy

• Criminal Activity reason


PHAs PHAs PHAs PHAs rights:rights:rights:rights:

• The PHA hearing procedures may provide:

• The PHA examine any family documents

• at PHA offices

• before the PHA hearing

• PHA allowed copies at PHA’s expense.

• If documents were requested and not provided in advance, may not be relied upon at Hearing


Important NoteImportant NoteImportant NoteImportant Note

The Hearing Officer must make his/her decision:

Based solely and exclusively upon the facts presented at the hearing


Hearing OfficersHearing OfficersHearing OfficersHearing Officers

• Staff person from department but different functional team

• Staff person from different department

• Outside PHA (attorneys, other civic-minded)

• Ensure they know program regulations and PHA policy

• Panels of program participants, staff, impartial representatives from outside PHA


RRRRequests for Informal Review/Hearingequests for Informal Review/Hearingequests for Informal Review/Hearingequests for Informal Review/Hearing

• Only accept requests that are received in accordance with your administrative plan

• Making exceptions opens the door to challenge


Scheduling the HearingsScheduling the HearingsScheduling the HearingsScheduling the Hearings

• Notification includes:

• Date, time & location of hearing

• Family’s right to bring evidence, witnesses, legal or other representation

• Right to view any documents or evidence

• PHA will request copies of documents or other evidence family will use, prior to hearing

• If special needs, family should request reasonable accommodation prior to hearing


Hearings Concerning Hearings Concerning Hearings Concerning Hearings Concerning Termination of AssistanceTermination of AssistanceTermination of AssistanceTermination of Assistance

• PHA is required to conduct the hearing prior to terminating assistance.

• The PHA may implement the following changes prior to the hearing:

• Changes in TTP or tenant rent;

• Denial of a new voucher for a family that wants to move; or

• Unit-size determinations for a family that wants to move


Preparing the Hearing PacketPreparing the Hearing PacketPreparing the Hearing PacketPreparing the Hearing Packet

• Review pertinent documents

• Appropriate number of copies of documents:

• one for the file, one for the participant and one for the hearing officer

• Participant name and corresponding Housing Specialist name to Receptionist, so the she knows to expect a hearing participant

• Written chronology helpful


Conducting the HearingConducting the HearingConducting the HearingConducting the Hearing

• Greet, introductions, record of all participants

• Method of record -written notes, recording

• Direct questions to hearing office

• Opportunity for each side to present arguments

• Ask questions

• Keep control

• Inform participants when decision will be made

• Make decision based on information presented


Informal HearingInformal HearingInformal HearingInformal Hearing24 CFR 982.55524 CFR 982.55524 CFR 982.55524 CFR 982.555

• Option to have counsel at own expense

• Must provide a private hearing if requested

• Must issue a written decision

• Promptly

• a copy in file

• No Federal right to record hearing


Document the HearingDocument the HearingDocument the HearingDocument the Hearing

•Who Attended?

•What was Reason?

•What Occurred?

• No Federal Right to record hearing

• What was said

• What Evidence was presented?


DecisionDecisionDecisionDecision

• Clear, complete and concise

• Brief overview of the grounds for the decision, including regulatory citation

• Factual determinations

• based on the evidence presented at the hearing

• The decision to uphold or overturn the PHA determination

• Reasons for the decision


PHA not bound by decisionPHA not bound by decisionPHA not bound by decisionPHA not bound by decision

• Not bound by the Hearing Officer’s Decision when:

• a hearing is not required

• the decision exceeds the authority of the hearing officer

• the decision is contrary to HUD regulations/requirements

• the decision is contrary to federal, state or local law

• Promptly notify the family of the determination, and of the reason(s)


Best PracticesBest PracticesBest PracticesBest Practices

• Include informal hearing information on all termination letters

• Schedule informal reviews and hearings within [x days] of receipt of request

• Conduct the informal hearing within [x days] of receipt of the request

• Review [x%] of hearing decisions to ensure compliance with HUD regulations and PHA policies and procedures


Fair Housing Fair Housing Fair Housing Fair Housing

Non-Discrimination

�Discrimination means to make a decision in favor of or against a person on the basis of the group, class, or category to which the person belongs rather than according to the individual merits of the situation.

�In federal law the groups, classes or categories are known as “Protected Classes”


• Race

• Color

• Religion

• Sex

• National Origin

• Age

• Disability

• Familial Status

Federal Protected ClassesFederal Protected ClassesFederal Protected ClassesFederal Protected Classes


It’s the LawIt’s the LawIt’s the LawIt’s the Law

� Fair Housing Act (Title VIII of the Civil Rights Act of 1964)

� Title VI of the Civil Rights Act of 1964

� Section 504 of the Rehabilitation Act of 1973

� Section 109, Title 1 of the Housing and Community Development Act of 1974

� Title II of the Americans with Disabilities Act of 1990

� Architectural Barriers Act of 1968

� Age Discrimination Act of 1975

� Title 6 of the Education Amendments Act of 1974


Reasonable AccommodationReasonable AccommodationReasonable AccommodationReasonable Accommodation

• In addition to non-discrimination, fair housing rules require that PHAs and landlords make “reasonable accommodations” for individuals with disabilities.

• Reasonable accommodations can include:

• Modifying policies, procedures and practices when needed to make it possible for the person to participate in the program or occupy a unit

• Sometimes allowing the tenant to make physical modifications to the unit and common areas to accommodate a mobility impairment.

• Accommodations are “reasonable” if they do not provide an undue administrative or financial burden or change the nature of the program.


Reasonable Accommodations and Reasonable Accommodations and Reasonable Accommodations and Reasonable Accommodations and Termination of AssistanceTermination of AssistanceTermination of AssistanceTermination of Assistance

• If PHA terminating assistance the family will be informed that presence of a disability may be considered as a mitigating circumstance. Examples:

• A person with a cognitive disorder may not have understood the requirement to report increases in income;

• A person may not understand the need to make regular repayments on a promissory note; and

• Any other mitigating circumstance as defined by the PHA


Special Needs at HearingSpecial Needs at HearingSpecial Needs at HearingSpecial Needs at Hearing

• Accessible location

• Reasonable accommodation examples:

• Sign language interpreter for hearing impaired

• Braille, large print, reader or other accommodation for a sight-impaired person, or

• other accommodations requested by a person with a disability

• Should be requested in advance and if reasonable, granted


“Do the small things “Do the small things “Do the small things “Do the small things –––– the basic the basic the basic the basic

things things things things –––– right every right every right every right every

day…sometimes we try to day…sometimes we try to day…sometimes we try to day…sometimes we try to

overcomplicate things…We want overcomplicate things…We want overcomplicate things…We want overcomplicate things…We want

to be brilliant to the basics.” to be brilliant to the basics.” to be brilliant to the basics.” to be brilliant to the basics.” Buck Showalter

Manager, Baltimore Orioles


Questions?Questions?Questions?Questions?

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