Housing Choice Voucher: Rent Change Informal Hearing
A Housing Choice Voucher participant may appeal income and rent determinations made by AHFC. The appeal process is found in federal regulations at 24 CFR 982.555. The CFR is available at www.gpo.gov.
Requesting an Informal Hearing
If a family believes AHFC’s income or rent calculations are incorrect, the family has the right to request an informal hearing. Participant written requests must be postmarked or received by AHFC within ten (10) business days of the date of the AHFC notice. If AHFC mailed the letter, participants have an additional three (3) calendar days to submit a written request.
Prior to the hearing, AHFC will invite the family to a meeting called an “administrative review” to try to resolve the disagreement. The family may accept or decline the invitation. If the family is not satisfied with the outcome of this meeting, the family is still entitled to the hearing.
The Informal Hearing Process
AHFC will provide a family with a hearing within 30 calendar days of the request. The hearing may not be delayed unless approved for good cause by the Public Housing Division Director or designee.
A friend, lawyer, or helper(s) may assist the family at the hearing. Attorney fees or other expenses are at the family’s expense. Prior to the hearing, the family may review any AHFC records in your file. AHFC possesses a similar right to examine documents the family plans to submit.
At the hearing, the family may present written or oral objections to AHFC’s decision, call any witnesses the family would like, and give the hearing officer any documents the family thinks are relevant. The hearing officer may consider evidence without regard to its admissibility under the rules of evidence applicable to judicial proceedings.
The hearing officer will provide a written decision within ten (10) business days of the hearing, stating the reasons for his or her decision. AHFC will promptly furnish the family with a copy of the finding.
Your Benefits Pending Your Hearing
AHFC will not increase the family’s rent portion until after the hearing officer’s decision unless the family failed to attend an examination appointment with AHFC at least 30 days before the date of the family’s examination effective date.
Outcome of Hearing
If the hearing officer finds that the family’s rent portion was originally calculated correctly by AHFC, the family must reimburse AHFC for any overpayments made to the landlord during the pendency of the hearing request. The family’s payment is due 30 days from the date of the hearing officer’s decision.
If the hearing officer finds that the family’s rent portion was calculated incorrectly by AHFC, the family will be reimbursed for any overpayments made to the landlord. The family will be reimbursed within 30 days of the hearing officer’s decision.
Rent Change Informal Hearing Request Form
If you wish to request a Rent Change Informal Hearing, please click here to download the request form.