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04 040113 HA ADMINPLAN EX 2
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04 040113 HA ADMINPLAN EX 2
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Last modified
3/28/2013 10:01:24 AM
Creation date
3/28/2013 9:36:46 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Date
4/1/2013
Destruction Year
2018
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The validity of the evidence. SARA will evaluate whether the facts presented <br />prove the grounds for denial of assistance. If the facts prove that there are grounds <br />for denial, and the denial is required by HUD, SARA will uphold the decision to <br />eny assistance. <br />If the facts prove the grounds for denial, and the denial is discretionary, SARA <br />will consider the recommendation of the person conducting the informal review in <br />making the final decision whether to deny assistance. <br />SARA will notify the applicant of the final decision, including a statement explaining the <br />reason(s) for the decision. The notice will be mailed within 14 days of the informal <br />review, to the applicant and his or her representative, if any, along with proof of mailing. <br />If the decision to deny is overturned as a result of the informal review, processing for <br />admission will resume. <br />If the family fails to appear for their informal review, the denial of admission will stand <br />and the family will be so notified. <br />16-III.C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR 982.555, <br />Pub.L.109-162] <br />SAHAs will offer an informal hearing for certain SARA determinations relating to the individual <br />circumstances of a participant family. A participant is defined as a family that has been admitted <br />to SAHA's HCV program and is currently assisted in the program. The purpose of the informal <br />hearing is to consider whether SAHA's decisions related to the family's circumstances are in <br />accordance with the law, HUD regulations and SARA policies. <br />SARA is not permitted to terminate a family's assistance until the time allowed for the family to <br />request an informal hearing has elapsed, and any requested hearing has been completed. <br />Termination of assistance for a participant may include any or all of the following: <br />• Refusing to enter into a HAP contractor approve a lease <br />• Terminating housing assistance payments under an outstanding HAP contract <br />• Refusing to process or provide assistance under portability procedures <br />Decisions Subject to Informal Hearing <br />Circumstances for which SARA will give a participant family an opportunity for an informal <br />hearing are as follows: <br />• A determination of the family's annual or adjusted income, and the use of such income to <br />compute the housing assistance payment <br />• A determination of the appropriate utility allowance (if any) for tenant-paid utilities from <br />SARA utility allowance schedule <br />• A determination of the family unit size under SAHA's subsidy standards <br />• A determination that a certificate program family is residing in a unit with a larger number of <br />bedrooms than appropriate for the family unit size under SAHA's subsidy standards, or <br />SARA determination to deny the family's request for exception from the standards <br />o~ro2~12 Page 16-8 <br />
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