C. Termination of Assistance When Unable to Establish Citizenship or Eligible…

1. When an owner is unable to establish citizenship or eligible immigration status of family members, as discussed in paragraph 8-5 E, assistance to a tenant cannot be terminated until the completion of an informal hearing.

2. Within 30 days of a DHS appeal decision or a notice from the owner terminating assistance, a tenant may request that the owner provide a hearing. The hearing procedures are outlined below.

   • a. The tenant must be provided a hearing before any person(s) designated by the owner, other than a person who made or approved the decision under review, and other than a person who is a subordinate of the person who made or approved the decision;

   • b. The tenant must be provided the opportunity to examine and copy, at the tenant's expense and at a reasonable time in advance of the hearing, any documents in the possession of the owner pertaining to the tenant’s eligibility status, or in the possession of the DHS (as permitted by DHS requirements), including any records and regulations that may be relevant to the hearing;

   • c. The tenant must be provided the opportunity to present evidence and arguments in support of eligible immigration status. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings;

   • d. The tenant must be provided the opportunity to argue against evidence relied upon by the responsible entity and to confront and cross-examine all witnesses on whose testimony or information the owner relies;

   • e. The tenant must be entitled to be represented by an attorney, or other designee, at the tenant’s expense, and to have such person make statements on the tenant’s behalf;

HUD Occupancy Handbook Chapter 8: Termination

6/07

8-7

Section 1: Termination of Assistance

4350.3 REV-1

• f. The tenant must be entitled to arrange for an interpreter to attend the hearing, at the expense of the tenant, or owner, as may be agreed upon by the two parties; and

• g. The tenant must be entitled to have the hearing recorded by audiotape (a transcript of the hearing may, but is not required to, be provided by the owner).

3. The owner must provide a written final decision, based solely on the facts presented at the hearing, to the tenant within 14 days of the date of the informal hearing. The decision must also state the basis for the determination. As with the notice, the decision must be in an accessible form if being provided to a tenant with a disability.

4. A decision against a tenant member issued in accordance with the requirements listed above does not preclude the tenant from exercising the right, which may otherwise be available, to seek redress directly through the judicial procedures.

5. The owner must retain for a minimum of 5 years the following documents that may have been submitted by the tenant or provided to the owner as part of the DHS appeal or the informal hearing process:

   • a. The application for financial assistance;

   • b. The form completed by the tenant for income re-examination;

• c. Photocopies of any original documents (front and back), including original DHS documents;

  • d. The signed verification consent form;

  • e. The DHS verification results;

  • f. The request for an DHS appeal;

  • g. The final DHS determination;

  • h. The request for an informal hearing; and

  • i. The final informal hearing decision.