KELSO HOUSING AUTHORITY


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Grievance Procedures - Terminations

For Current Participants

KELSO HOUSING AUTHORITY PROGRAM POLICIES

TERMINATIONS
DENIALS
RIGHTS
GRIEVANCES


KELSO HOUSING AUTHORITY
GROUNDS FOR DENIAL / TERMINATION OF ASSISTANCE



The Kelso Housing Authority may deny or terminate program assistance for any of the following reasons listed below.


24 CFR 982.552(c)(1)(i) - The family violates any family obligation.

24 CFR 982.552(c)(1)(ii) - Any member of the family has been evicted from Federally-assisted housing in the last five years.

24 CFR 982.552(c)(1)(iii) - Any Housing Authority has ever terminated assistance under the certificate or voucher program for any member of the family.

24 CFR 982.552(c)(1)(iv) - Any family member commits fraud, bribery, or another corrupt or criminal act regarding any federal housing program.

24 CFR 982.552(c)(1)(v) - The family currently owes rent or other amounts to the Housing Authority or another Housing Authority in connection with Section 8 or public housing programs.

24 CFR 982.552(c)(1)(vi) - The family has not reimbursed any Housing Authority for the amounts paid to an owner under a HAP contract for rent, damage to unit, or other amounts owed by family under the lease. (Note: The Housing Authority may offer a family the opportunity for a repayment agreement. The Housing Authority may prescribe the terms of the agreement.)

24 CFR 982.552(c)(1)(vii) - The family breaches an agreement with the Housing Authority to pay amounts owed to the Housing Authority, or amounts paid to an owner by a Housing Authority.

24 CFR 982.552(c)(1)(viii) - The family is a Family Self-Sufficiency (FSS) participant and fails to comply, without good cause, with the FSS Contract of Participation.

24 CFR 982.552(c)(1)(ix) - The family has engaged in or threatened abusive or violent behavior towards Housing Authority personnel.
NOTE: The Kelso Housing Authority includes "verbal" as well as "physical abuse or violence. Use of expletives that are generally considered insulting, racial epithets, or other inappropriate language, written or oral, that is customarily used to insult or intimidate, may be cause for denial or termination.
"Threatening" refers to oral or written threats or physical gestures that communicate intent to abuse or commit violence.

24 CFR 982.552(c)(1)(x) - The family fails to fulfill its obligations under the Section 8 welfare-to-work voucher program.

24 CFR 982.552(c)(1)(xi) - The family has been engaged in criminal activity or alcohol abuse.



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SECTION 8 HOUSING CHOICE VOUCHER RIGHTS TO INFORMAL HEARING

KELSO HOUSING AUTHORITY
INFORMAL HEARING PROCEDURES


SECTION 8 HOUSING CHOICE VOUCHER PROGRAM



The informal hearing requirements defined by HUD (Housing and Urban Development) regulation are applicable to participating families who disagree with an action, decision, or inaction of the Kelso Housing Authority. It is the policy of the Kelso Housing Authority to ensure that all families have the benefit of all protections due to them under the law and to resolve disputes at the lowest level possible.


The Housing Authority must provide participants with the opportunity for an informal hearing for decisions related to any of the following determinations:

Determination of the family's annual or adjusted income and the computation of the housing assistance payment
Appropriate utility allowance used from schedule
Determination to terminate assistance for any reason
Determinations to terminate a family's FSS contract, withhold supportive services, or propose forfeiture of the family's escrow account


When the Housing Authority receives a request for an informal hearing, a hearing will be scheduled within 10 days. The informal hearing will concern only the issues for which the family has received the opportunity for hearing.


Families have a right to:

Present written or oral objections to the Housing Authority's determination;
Examine the documents in the file which are the basis for the Housing Authority's action, and all documents submitted to the Hearing Officer;
Copy any relevant documents at their expense;
Present any information or witnesses pertinent to the issue of the hearing;
Request that Housing Authority staff be available or present at the hearing to answer questions pertinent to the case; and
Be represented by legal counsel, advocate, or other designated representative at their own expense.



The Hearing Officer will determine whether the action, inaction or decision of the Housing Authority is legal in accordance with HUD regulations. A written notice of the informal hearing findings will be provided and will include the following:

A clear summary of the decision and reasons for the decision;
If the decision involves an amount owed, the amount owed;
The date the decision goes into effect.


All requests for an informal hearing, supporting documentation, and a copy of the final decision will be retained in the family's file.

KHA INFORMAL HEARING PROCEDURES S8 01-08-JD


PUBLIC HOUSING GRIEVANCE PROCEDURE

KELSO HOUSING AUTHORITY
GRIEVANCES AND APPEALS PROCEDURES

PUBLIC HOUSING PROGRAM


The Kelso Housing Authority has a grievance procedure in place through which residents of public housing are provided an opportunity to request a meeting to discuss Housing Authority action or failure to act in accordance with the individual tenant's lease or Housing Authority policies.

FIRST STEP:
INFORMAL SETTLEMENT24 CFR 966.54

A request for an informal settlement of a grievance can be made orally or in writing within 10 business days of the event. The Housing Authority will send a written notice of the meeting date and time within 10 business days of the request.

If the tenant fails to attend the scheduled meeting without prior notice, the Housing Authority will reschedule the appointment only if the tenant can show good cause for failing to appear, or if it is needed as a reasonable accommodation for a person with disabilities. (Good cause is defined as an unavoidable conflict which seriously affects the health, safety or welfare of the family.)

A written summary of this informal settlement meeting will be sent to the tenant, and a copy will be retained in the Housing Authority's tenant file.

If the tenant is not satisfied with the outcome of the informal settlement they have the opportunity to request an informal hearing. This must be submitted in writing to the Housing Authority within 5 business days of the receipt of the informal settlement summary.

If the tenant does not request an informal hearing, the outcome of the informal settlement process will become final. (Failure to request an informal hearing does not waive the tenant's right to an appropriate legal proceeding.)

SECOND STEP:
INFORMAL HEARING24 CFR 966.55

The request for an informal hearing must be submitted in writing within 5 business days of the receipt of the informal settlement summary. The request must specify the reasons for the grievance and the action or relief sought.

If the tenant has complied with the steps as described above the Housing Authority will schedule and send written notice of the informal hearing within 10 business days of the receipt of the request.

The tenant may request to reschedule the hearing for good cause or if it is needed as a reasonable accommodation for a person with disabilities. Requests to reschedule the hearing may be made orally or in writing prior to the hearing date.



04-29-11 jd



Today's Date: Time: (KHA WEB-EDIT 03-11 jd)

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