Denial or Termination of Assistance
A family's housing assistance may be denied or terminated if:
- The family violates a Family Obligation under the Voucher Program.
- Any member of the family has ever been evicted from federally assisted housing in the last five years.
- A PHA has ever terminated assistance under the pre-merger Certificate or Voucher Program for any member of the family.
- Any member of the family commits fraud, bribery or any other corrupt act in connection with any federal housing program.
- Any member of the family commits drug-related criminal activity or violent criminal activity.
- Any family member is illegally using a controlled substance.
- Any family member's abuse of alcohol interferes with the health, safety or right to peaceful enjoyment of the premises by other residents.
- The family currently owes rent or other amounts to the PHA or to another PHA in connection with Section 8 or any housing assistance program under the 1937 Housing Act.
- The family has not reimbursed any PHA 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.
- The family breaches an agreement with the PHA to pay amounts owed to a PHA or amounts paid to an owner by a PHA.
- A family participating in the FSS program fails to comply, without good cause, with the family's FSS Contract of Participation.
- The family has engaged in or threatened abusive or violent behavior toward PHA personnel.
- A welfare-to-work family fails to fulfill its obligations under the welfare-to-work voucher program.
INFORMAL HEARING PROCEDURES
The HA must give the participant an opportunity for an informal hearing of the HA decision terminating assistant to the participant. The family has ten days from the date of the notice to request in writing an informal hearing. The hearing will be scheduled by the HA within ten days from the date of the request. The hearing may be conducted by any person or persons designated by the HA, other than a person who made or approved the decision under review or a subordinate of this person. The HA and the participant shall each have the right to review any and all relevant documents which may be used in the hearing. If these documents are not made available for review, they may be used in the hearing. Any fees for copying or procuring the documents shall be at the expense of the requesting party. The participant may be represented by a lawyer or other representative at the hearing. Costs of representation shall be the responsibility of the participant. The participant must be given an opportunity to present written or oral objections to the HA decision. The HA 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. The HA must notify the applicant of the final decision after the informal review. This notice must include a brief statement of the reasons for the final decision. Factual determination relating to the individual circumstances of the family shall be based upon a preponderance of the evidence presented at the hearing. A copy of the hearing results shall be furnished promptly to the family.