C.F.R. » Title 24 » CHAPTER IX—OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › PART 982—SECTION 8 TENANT-BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM › Subpart L—Family Obligations; Denial and Termination of Assistance

24 C.F.R. § 982.555

Informal hearing for participant

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) When hearing is required. (1) A PHA must give a participant family an opportunity for an informal hearing to consider whether the following PHA decisions relating to the individual circumstances of a participant family are in accordance with the law, HUD regulations and PHA policies:

(i) A determination of the family's annual or adjusted income, and the use of such income to compute the housing assistance payment.

(ii) A determination of the appropriate utility allowance (if any) for tenant-paid utilities from the PHA utility allowance schedule.

(iii) A determination of the family unit size under the PHA subsidy standards.

(iv) A determination to terminate assistance for a participant family because of the family's action or failure to act (see § 982.552).

(v) A determination to terminate assistance because the participant family has been absent from the assisted unit for longer than the maximum period permitted under PHA policy and HUD rules.

(2) In the cases described in paragraphs (a)(1) (iv), (v) and (vi) of this section, the PHA must give the opportunity for an informal hearing before the PHA terminates housing assistance payments for the family under an outstanding HAP contract.

(b) When hearing is not required. The PHA is not required to provide a participant family an opportunity for an informal hearing for any of the following:

(1) Discretionary administrative determinations by the PHA.

(2) General policy issues or class grievances.

(3) Establishment of the PHA schedule of utility allowances for families in the program.

(4) A PHA determination not to approve an extension of the voucher term.

(5) A PHA determination not to approve a unit or tenancy.

(6) A PHA determination that an assisted unit is not in compliance with HQS. (However, the PHA must provide the opportunity for an informal hearing for a decision to terminate assistance for a breach of the HQS caused by the family as described in § 982.551(c).)

(7) A PHA determination that the unit is not in accordance with HQS because of the family size.

(8) A determination by the PHA to exercise or not to exercise any right or remedy against the owner under a HAP contract.

(c) Notice to family. (1) In the cases described in paragraphs (a)(1) (i), (ii) and (iii) of this section, the PHA must notify the family that the family may ask for an explanation of the basis of the PHA determination, and that if the family does not agree with the determination, the family may request an informal hearing on the decision.

(2) In the cases described in paragraphs (a)(1) (iv), (v) and (vi) of this section, the PHA must give the family prompt written notice that the family may request a hearing. The notice must:

(i) Contain a brief statement of reasons for the decision,

(ii) State that if the family does not agree with the decision, the family may request an informal hearing on the decision, and

(iii) State the deadline for the family to request an informal hearing.

(d) Expeditious hearing process. Where a hearing for a participant family is required under this section, the PHA must proceed with the hearing in a reasonably expeditious manner upon the request of the family.

(e) Hearing procedures—(1) Administrative Plan. The Administrative Plan must state the PHA procedures for conducting informal hearings for participants.

(2) Discovery—(i) By family. The family must be given the opportunity to examine before the PHA hearing any PHA documents that are directly relevant to the hearing. The family must be allowed to copy any such document at the family's expense. If the PHA does not make the document available for examination on request of the family, the PHA may not rely on the document at the hearing.

(ii) By PHA. The PHA hearing procedures may provide that the PHA must be given the opportunity to examine at PHA offices before the PHA hearing any family documents that are directly relevant to the hearing. The PHA must be allowed to copy any such document at the PHA's expense. If the family does not make the document available for examination on request of the PHA, the family may not rely on the document at the hearing.

(iii) Documents. The term “documents” includes records and regulations.

(3) Representation of family. At its own expense, the family may be represented by a lawyer or other representative.

(4) Hearing officer: Appointment and authority. (i) The hearing 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.

(ii) The person who conducts the hearing may regulate the conduct of the hearing in accordance with the PHA hearing procedures.

(5) Evidence. The PHA and the family must be given the opportunity to present evidence, and may question any witnesses. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings.

(6) Issuance of decision. The person who conducts the hearing must issue a written decision, stating briefly the reasons for the decision. Factual determinations relating to the individual circumstances of the family shall be based on a preponderance of the evidence presented at the hearing. A copy of the hearing decision shall be furnished promptly to the family.

(f) Effect of decision. The PHA is not bound by a hearing decision:

(1) Concerning a matter for which the PHA is not required to provide an opportunity for an informal hearing under this section, or that otherwise exceeds the authority of the person conducting the hearing under the PHA hearing procedures.

(2) Contrary to HUD regulations or requirements, or otherwise contrary to federal, State, or local law.

(3) If the PHA determines that it is not bound by a hearing decision, the PHA must promptly notify the family of the determination, and of the reasons for the determination.

(g) Restrictions on assistance to 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; 65 FR 16823, Mar. 30, 2000; 80 FR 8247, Feb. 17, 2015; 80 FR 50575, Aug. 20, 2015]
Notes of Decisions
Cited in 124 cases (25 in the last 5 years), 2001–2026 · leading case: Hous. Auth. of Augusta v. Gould, 826 S.E.2d 107 (Ga. 2019).
Sort: Relevance Newest Treatment
Hous. Auth. of Augusta v. Gould, 826 S.E.2d 107 (Ga. 2019). · cites it 16× “" 24 CFR § 982.555 (a) (1) (iv). The agency must give the family notice of the grounds for the determination to discontinue assistance and that the family may request a hearing.”
Carter v. Lynn Hous. Auth., 880 N.E.2d 778 (Mass. 2008). · cites it 13× “24 C.F.R. § 982.555 (a)(1)(v). 12 Following the hearing, the person who conducts the hearing — in this case the hearing officer — “must issue a written decision, stating briefly the reasons for the decision.”
Long v. Dist. of Columbia Hous. Auth., 166 F. Supp. 3d 16 (D.D.C. 2016). · cites it 14× “” 24 C.F.R. § 982.555 (a)(iv). The person conducting the hearing must “issue a written decision, stating briefly the reasons for the decision.”
Wojcik v. Lynn Hous. Auth., 845 N.E.2d 1160 (Mass. App. Ct. 2006). · cites it 16× “We turn first to 24 C.F.R. § 982.555 , the material parts of which are set forth in the margin, 6 for the source of *107 the authority of the PHA to disregard a decision of a hearing *108 officer.”
Walker v. Dep't of Hous. & Cmty. Dev., 29 A.3d 293 (Md. 2011). · cites it 20× “The requirement of a pre-termination hearing 24 C.F.R. § 982.555 (a)(1) provides that, prior to making a determination to terminate assistance, “a PHA must give a participant family an opportunity for an informal hearing to consider whether the [ ] PHA decision[ ] .”
Sheena Yarbrough v. Decatur Hous. Auth., 905 F.3d 1222 (11th Cir. 2018). · cites it 17× “Under the governing regulation, “[f]actual determinations relating to the individual circumstances of the family” in a Section 8 termination hearing “shall be based on a preponderance of the evidence presented at the hearing.”
Gould v. Hous. Auth. of the City of Augusta., 808 S.E.2d 109 (Ga. Ct. App. 2017). · cites it 20× “See 24 CFR § 982.555 . Gould requested an informal hearing and was represented by counsel who recorded the hearing, although neither a copy of the recording nor a transcript of the informal hearing was included in the record on appeal.”
Costa v. Fall River Hous. Auth., 903 N.E.2d 1098 (Mass. 2009). · cites it 8× “Under the FRHA’s grievance procedures, the appeal termination hearing to which a Section 8 recipient has a right under HUD regulations — referred to in those regulations as an “informal appeal hearing,” see 24 C.F.R. § 982.555 — is conducted by the grievance panel, consisting of…”
Dowling v. Bangor Hous. Auth., 2006 ME 136 (Me. 2006). · cites it 8× “The Housing Authority's Failure to Produce a Witness [¶ 11] Dowling relies on 24 C.F.R. § 982.555 (e)(5) (2005) to argue that any witness whose testimony is to be relied upon by the Authority must be produced *381 in person by the Authority and be subjected to questioning by the…”
Mathis v. Dist. of Columbia Hous. Auth., 124 A.3d 1089 (D.C. 2015). · cites it 5× “Federal regulations reinforce that so-called ―informal hearings‖ are required when a PHA seeks to terminate a HCVP participant‘s voucher ―because of the family‘s action or failure to act,‖ 24 C.F.R. § 982.555 (a)(1)(iv) (2015); see 24 C.”
Gammons v. Massachusetts Dep't of Hous. & Cmty. Dev., 523 F. Supp. 2d 76 (D. Mass. 2007). · cites it 10× “See 24 C.F.R. § 982.555 . A PHA must provide a participant family with a pre-termination hearing if the PHA’s proposed termination of a tenant’s Section 8 assistance is “because of the family’s action or failure to act.”
Figgs v. Boston Hous. Auth., 14 N.E.3d 229 (Mass. 2014). · cites it 6× “Pursuant to 24 C.F.R. § 982.555 (e)(5) (2000), evidence “may be considered [by a hearing officer] without regard to admissibility under the rules of evidence applicable to judicial proceedings.”
Show all 124 citing cases →
— 24 C.F.R. § 982.555(a) — 4 cases
Pickett v. Hous. Auth. of Cook Cnty., 114 F. Supp. 3d 663 (N.D. Ill. 2015).
Garcia v. Unknown Parties (D. Ariz. 2024).
Nickijo L. Eichorn, Relator v. Itasca Cnty. Hous. & Redevelopment Auth. (Minn. Ct. App. 2015).
Landry v. Maine State Hous. Auth. (Me. Super. Ct 2008).
— 24 C.F.R. § 982.555(a)(1)(iv) — 3 cases
Valentine v. Chicago Hous. Auth., 2023 IL App (1st) 230271-U (Ill. App. Ct. 2023).
Michael Blizman v. Michigan State Hous. Dev. Auth. (Mich. Ct. App. 2017).
Matter of McArthur v. Town of Brookhaven Dept. of Hous. & Human Servs., 2024 NY Slip Op 05447 (N.Y. App. Div. 2024).
— 24 C.F.R. § 982.555(a)(1)(v) — 1 case
Hammond v. Akron Metro. Hous. Auth., 2011 Ohio 2635 (Ohio Ct. App. 2011).
— 24 C.F.R. § 982.555(b)(4) — 1 case
Pickett v. Hous. Auth. of Cook Cnty., 114 F. Supp. 3d 663 (N.D. Ill. 2015).
— 24 C.F.R. § 982.555(c)(2)(i) — 1 case
Tolliver v. Hous. Auth. of the Cnty. of Cook, 2017 IL App (1st) 153615 (Ill. App. Ct. 2017).
— 24 C.F.R. § 982.555(d) — 1 case
Valentine v. Chicago Hous. Auth., 2023 IL App (1st) 230271-U (Ill. App. Ct. 2023).
— 24 C.F.R. § 982.555(e) — 2 cases
Walker v. Dep't of Hous. & Cmty. Dev., 29 A.3d 293 (Md. 2011). “The requirement of a pre-termination hearing 24 C.F.R. § 982.555 (a)(1) provides that, prior to making a determination to terminate assistance, “a PHA must give a participant family an opportunity for an informal hearing to consider whether the [ ] PHA decision[ ] .”
Middleton v. Lycoming Hous., 36 Pa. D. & C.5th 104 (2014).
— 24 C.F.R. § 982.555(e)(5) — 7 cases
Sanders v. Sellers-Earnest, 768 F. Supp. 2d 1180 (M.D. Fla. 2010).
Woods v. Willis, 825 F. Supp. 2d 893 (N.D. Ohio 2011).
Walker v. DuPage Hous. Auth., 2023 IL App (3d) 220525-U (Ill. App. Ct. 2023).
Valentine v. Chicago Hous. Auth., 2023 IL App (1st) 230271-U (Ill. App. Ct. 2023).
Sylvester B. Lane v. Fort Walton Beach Hous. Auth., 518 F. App'x 904 (11th Cir. 2013).
— 24 C.F.R. § 982.555(e)(6) — 2 cases
Michael Blizman v. Michigan State Hous. Dev. Auth. (Mich. Ct. App. 2017).
Landry v. Maine State Hous. Auth. (Me. Super. Ct 2008).
— 24 C.F.R. § 982.555(f) — 1 case
Rios v. Town of Huntington Hous. Auth., 853 F. Supp. 2d 330 (E.D.N.Y 2012).
— 24 C.F.R. § 982.555(f)(2) — 1 case
Matter of McArthur v. Town of Brookhaven Dept. of Hous. & Human Servs., 2024 NY Slip Op 05447 (N.Y. App. Div. 2024).
— 24 C.F.R. § 982.555(f)(3) — 1 case
Rios v. Town of Huntington Hous. Auth., 853 F. Supp. 2d 330 (E.D.N.Y 2012).
— 24 C.F.R. § 982.555(t)(2) — 1 case
Landry v. Maine State Hous. Auth. (Me. Super. Ct 2008).
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.