Housing Voucher Programs - Policy and Procedures Manual

Chapter XXVI Sections

1. Informal Reviews Required
2. Informal Reviews Not Required
3. Informal Reviews – Requests and Procedures
4. Mediations
5. Informal Hearings Required
6. Informal Hearings Not Required
7. Written Notice of Proposed MSHDA Denial or Termination Action
8. Procedures if Informal Hearing is Not Requested
9. Procedures if Informal Hearing is Requested
10. Notice of Informal Hearing
11. Withdrawal of Informal Hearing Request
12. Preparation for Hearing by Resource Specialist and HA
13. General Requirements/Information Relative to Informal Hearings
14. Requests for Rescheduling Informal Hearings
15. Informal Hearing Decision Notification
16. Applicable Forms List

Chapter XXVI: Informal Reviews, Mediations, Informal Hearings

Section E: Informal Hearings - Required (24 CFR 982.555)

Make every effort to avoid Hearings through execution of Repayment Agreements, mediation, or other forms of dialog. If that fails, Informal Hearings are required when there are disputes regarding the:

1. Determination of the family’s annual or adjusted income, and application of such income to compute the TTP, Tenant Rent and HAP.
2. Determination of the appropriate utility allowance (if any).
3. Determination of the Voucher size.
4. Determination to terminate a family’s FSS contract, withhold supportive services, or propose forfeiture of the family’s escrow account.
5. Determination to deny the family’s request for a unit size exception.
6. Decision to terminate assistance for ANY reason including a determination to terminate assistance for a participant family because of the family's action or failure to act, or because the participant family has been absent from the assisted unit for longer than the maximum period permitted under MSHDA policy and HUD rules. Both the family and owner must receive 30-day written notice to actually terminate the HAP/Voucher Contract unless the owner is involved in fraud.
7. Refusal to issue a new voucher to move.

If an Informal Hearing is requested for items 1-4, the HA will proceed with the action, the Informal Hearing will be conducted and if the action is overruled at the Hearing, the HA will correct the action retroactively.

If an Informal Hearing is requested, for items 5-7, the hearing must be conducted and a decision rendered prior to actually terminating assistance.