(a) Notice to applicant. The PHA must give an applicant for participation prompt notice of a decision denying assistance to the applicant. The notice must contain a brief statement of the reasons for the PHA decision. The notice must also state that the applicant may request an informal review of the decision and must describe how to obtain the informal review.
(b) Informal review process. The PHA must give an applicant an opportunity for an informal review of the PHA decision denying assistance to the applicant. The Administrative Plan must state the PHA procedures for conducting an informal review. The PHA review procedures must comply with the following:
(1) The review may be conducted by any person or persons designated by the PHA, other than a person who made or approved the decision under review or a subordinate of this person.
(2) The applicant must be given an opportunity to present written or oral objections to the PHA decision.
(3) The PHA must notify the applicant of the PHA final decision after the informal review, including a brief statement of the reasons for the final decision.
(c) When informal review is not required. The PHA is not required to provide the applicant an opportunity for an informal review for any of the following:
(1) Discretionary administrative determinations by the PHA.
(2) General policy issues or class grievances.
(3) A determination of the family unit size under the PHA subsidy standards.
(4) A PHA determination not to approve an extension of the voucher term.
(5) A PHA determination not to grant approval of the tenancy.
(6) An PHA determination that a unit selected by the applicant is not in compliance with HQS.
(7) An PHA determination that the unit is not in accordance with HQS because of the family size or composition.
(d) Restrictions on assistance for noncitizens. The informal hearing provisions for the denial of assistance on the basis of ineligible immigration status are contained in 24 CFR part 5.
(Approved by the Office of Management and Budget under control number 2577-0169)
[60 FR 34695, July 3, 1995, as amended at 60 FR 45661, Sept. 1, 1995; 61 FR 13627, Mar. 27, 1996; 64 FR 26650, May 14, 1999; 80 FR 50575, Aug. 20, 2015]
Notes of Decisions
Baldwin v. Hous. Auth. of City of Camden, NJ, 278 F. Supp. 2d 365 (D.N.J. 2003).
· cites it 2× “24 C.F.R. § 982.554 . 29 . The Administrative Procedure Act provides a vehicle through which persons aggrieved by an administrative agency action may seek judicial review thereof.”
Long v. Dist. of Columbia Hous. Auth., 166 F. Supp. 3d 16 (D.D.C. 2016).
“See 24 C.F.R. § 982.554 . PHAs are also required to give participant families an opportunity for an informal hearing if, among other things, the PHA decides to terminate assistance “because of the family’s action or failure to act.”
Figgs v. Boston Hous. Auth., 14 N.E.3d 229 (Mass. 2014).
“It appears from the record that Figgs received proper notice of the BHA’s intent to terminate her Section 8 housing subsidy, see 24 C.F.R. § 982.554 (a) (1999); was afforded an informal hearing conducted by an impartial decision maker, see 24 C.”
Ely v. Mobile Hous. Bd., 13 F. Supp. 3d 1216 (S.D. Ala. 2014).
“” 24 C.F.R. § 982.554 (c)(4). In response, plaintiff does not challenge defendant’s argument that a constitutionally protected property interest lapses when a Section 8 housing voucher expires.”
Greene v. Carson, 256 F. Supp. 3d 411 (S.D.N.Y. 2017).
“HUD Handbook § 4-9(C); see also 24 C.F.R. § 982.554 (a) (requiring “prompt notice of a decision denying assistance to the applicant” which “must con *429 tain a brief statement of the reasons” and “state that the applicant may request an informal review”).”
Page v. Richmond Redevelopment & Hous. Auth. (E.D. Va. 2021).
“]” 24 C.F.R. §§ 982.554 states that “The PHA must give an applicant for participation “language in a regulation may invoke a private right of action that Congress through statutory text created, but it may not create a right that Congress has not.”
— 24 C.F.R. § 982.554(b)(1) — 1 case
Baldwin v. Hous. Auth. of City of Camden, NJ, 278 F. Supp. 2d 365 (D.N.J. 2003).
“24 C.F.R. § 982.554 . 29 . The Administrative Procedure Act provides a vehicle through which persons aggrieved by an administrative agency action may seek judicial review thereof.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.