Termination of Assistance/Informal Hearing Process
Termination of Assistance
The Housing Authority may at any time terminate program assistance for any of the following reasons:
- If the family violates any family obligations under the program.
- If any member of the family has been evicted from Federally assisted housing in the last 3 years.
- If any member of the family has been evicted from Federally assisted housing for serious violation of the lease.
- If a family is evicted from housing assisted under the program for serious violation of the lease.
- If any member of the family has been previously terminated from the certificate or voucher program.
- If any member of the family commits fraud, bribery or any other corrupt or criminal act in connection with any Federal housing program.
- If the family currently owes rent or other amounts to the Housing Authority or to another Housing Authority in connection with Section 8 or public housing assistance under the 1937 Act.
- If the family has not reimbursed any Housing Authority for amounts paid to an owner under a HAP contract for rent, damages to the unit or other amounts owed by the family under the lease.
- If the family breaches an agreement with the Housing Authority to pay amounts owed to the Housing Authority or amounts paid to an owner by the Housing Authority.
- If the family has engaged in or threatened abusive or violent behavior toward Housing Authority personnel.
- If any member of the family fails to sign and submit consent forms for obtaining information.
- If any member of the family fails to submit required evidence of citizenship or eligible immigration status.
- If a family participating in the FSS program fails to comply, without good cause, in accordance to the family’s FSS contract of participation.
- If a Welfare to Work (WTW) family fails to fulfill its obligations under the WTW voucher program.
When an Informal Hearing is Required
The Housing Authority will give the tenant an opportunity for an informal hearing to consider whether the following determinations are in accordance with law, HUD regulations and Housing Authority rules, in the following cases:
- The family’s annual or adjusted income, and the use of such income to compute the housing assistance payment.
- The appropriate utility allowance (if any) for tenant-paid utilities from the Housing Authority’s utility allowance schedule.
- The family unit size under the Housing Authority subsidy standards.
- Termination of assistance for a participant family because of the family’s action or failure to act.
- Termination of assistance because the participant family has been absent from the assisted unit for longer than the maximum period permitted under Housing Authority policy and HUD rules.
How to Request an Informal Hearing for Termination Actions
Whenever an informal hearing is applicable, the tenant will be notified by letter. This termination letter will give reasons for the action and a deadline for requesting a hearing. The request must be made in writing to the Housing Authority. If a written request is not received by the deadline, the Housing Authority will terminate the family’s housing assistance.