KHC will respond promptly to complaints from families, owners, employees and members of the public. All complaints will be documented. KHC may require that complaints other than Housing Quality Standards (HQS) violations be put in writing. HQS complaints may be reported by telephone.
KHC hearing procedures will be provided to families in the briefing packet.
Any person(s) wishing to file a complaint are encouraged to use KHC’s Ethics Point system located at KHC’s website at www.kyhousing.org to list their concerns.
Reviews are provided for applicants who are denied assistance before the effective date of the HAP Contract. However, if an applicant is denied assistance for citizenship or eligible immigrant status, the applicant is entitled to an informal hearing.
When KHC determines that an applicant is ineligible for the program, the family must be notified of their ineligibility in writing. The notice must contain:
The procedure for requesting a review if the applicant does not agree with the decision; and
The time limit for requesting a review.
KHC must provide applicants with the opportunity for an informal review of decisions denying:
Participation in the program.
Informal reviews are not required for established policies and procedures and KHC determinations such as:
Determination that unit is not in accordance with HQS due to family size or composition.
Procedure for Review
A request for an informal review must be received in writing by the close of the business day, no later than ten calendar days from the date of KHC’s notification of denial of assistance. The informal review will be scheduled within 20 calendar days from the date the request is received.
The informal review will not be conducted by the person who made or approved the decision under review nor a subordinate of that person.
Reviews will be conducted by the program integrity coordinator.
The applicant will be given the option of presenting oral or written objections to the decision. Both KHC and the family may present evidence and witnesses. The family may use an attorney or other representative to assist them at their own expense.
The review may be conducted by mail and/or telephone if acceptable to both parties.
A notice of the review findings will be provided in writing to the applicant within ten calendar days after the review. It shall include the decision of the review officer and an explanation of the reasons for the decision.
All requests for a review, supporting documentation and a copy of the final decision will be retained in the family's file.
4.0 INFORMAL HEARING PROCEDURES
When KHC makes a decision regarding the eligibility and/or the amount of assistance, applicants and participants must be notified in writing. KHC will give the family prompt notice of determinations, which will include:
The proposed action or decision of KHC;
The date the proposed action or decision will take place;
The family's right to an explanation of the basis for KHC’s decision;
The procedures for requesting a hearing if the family disputes the action or decision;
The time limit for requesting the hearing;
To whom the hearing request should be addressed.
KHC must provide participants with the opportunity for an informal hearing for decisions related to any of the following KHC determinations:
Determination of the family's annual or adjusted income and the computation of the housing assistance payment;
Appropriate utility allowance used from schedule;
Family unit size determination under KHC subsidy standards;
Determination to terminate assistance for any reason;
Determination to terminate a family's FSS Contract, withhold supportive services or propose forfeiture of the family's escrow account.
KHC must always provide the opportunity for an informal hearing before termination of assistance.
Informal hearings are not required for established policies and procedures and KHC determinations such as:
Discretionary administrative determinations by KHC;
General policy issues or class grievances;
Establishment of KHC schedule of utility allowances for families in the program;
KHC determination not to approve an extension or suspension of a voucher term;
KHC determination not to approve a unit or lease;
KHC determination that an assisted unit is not in compliance with HQS (KHC must provide hearing for family breach of HQS because that is a family obligation determination);
KHC determination that the unit is not in accordance with HQS because of the family size;
KHC determination to exercise or not exercise any right or remedy against the owner under a HAP contract.
Notification of Hearing
It is KHC’s objective to resolve disputes at the lowest level possible and to make every effort to avoid the most severe remedies. However, if this is not possible, KHC will ensure that applicants and participants will receive all of the protections and rights afforded by the law and the regulations.
When KHC receives a request for an informal hearing, a hearing shall be scheduled within 20 calendar days. The notification of hearing will contain:
The date and time of the hearing;
The location where the hearing will be held;
The family's right to bring evidence, witnesses, legal or other representation at the family's expense;
Items the family is required to bring to the hearing.
The right to view any documents or evidence in the possession of KHC upon which KHC based the proposed action and, at the family's expense, to obtain a copy of these documents prior to the hearing. Requests for documents or evidence must be received no later than seven days before the hearing date.
A notice to the family that KHC will request a copy of any documents or evidence the family will use at the hearing. Requests for documents or evidence must be received no later than seven days before the hearing date.
KHC's Hearing Procedures
After a hearing date is agreed to, the family may request to reschedule only upon showing "good cause," which is defined as an unavoidable conflict which seriously affects the health, safety or welfare of the family.
If a family does not appear at a scheduled hearing and has not rescheduled the hearing in advance, the family must contact KHC within 24 hours, excluding weekends and holidays. KHC will reschedule the hearing only if the family can show good cause for failure to appear.
Families have the right to:
Present written or oral objections to KHC’s determination;
Examine the documents in the file, which are the basis for KHC’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 KHC 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.
If the family requests copies of documents relevant to the hearing, KHC will make the copies for the family and assess a charge of ten cents per copy. In no case will the family be allowed to remove the file from KHC's office.
In the event information in the file is received from a party who wishes to remain anonymous, KHC will release information only to the extent possible while preserving the anonymity of the party.
In addition to other rights contained in this Chapter, KHC has a right to:
Present evidence and any information pertinent to the issue of the hearing;
Be notified if the family intends to be represented by legal counsel, advocate or another party;
Examine and copy any documents to be used by the family prior to the hearing;
Have its attorney present; and
Have staff persons and other witnesses familiar with the case present.
The informal hearing shall be conducted by the hearing officer appointed by KHC who is neither the person who made or approved the decision, nor a subordinate of that person. KHC appoints hearing officers who are disinterested parties, outside the scope of the rental assistance department.
The hearing shall concern only the issues for which the family has received the opportunity for hearing. Evidence presented at the hearing may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings.
Documents may be presented which have not been provided to the other party before the hearing if requested by the other party. "Documents" includes records and regulations.
Whenever possible, informal hearings will be audio-recorded.
The hearing officer may ask the family for additional information and/or might adjourn the hearing in order to reconvene at a later date, before reaching a decision.
If the family misses an appointment or deadline ordered by the hearing officer, the action of KHC shall take effect and another hearing will not be granted.
The hearing officer will determine whether the action, inaction or decision of KHC is legal in accordance with HUD regulations and this Administrative Plan based upon the evidence and testimony provided at the hearing. Factual determinations relating to the individual circumstances of the family will be based on a preponderance of the evidence presented at the hearing.
A notice of the hearing findings shall be provided in writing to KHC rental assistance programs staff and the family within ten calendar days and shall include:
A clear summary of the decision and reasons for the decision;
If the decision involves money owed, the amount owed and documentation of the calculation of monies owed;
The date the decision goes into effect.
KHC is not bound by hearing decisions:
Which concern matters in which KHC is not required to provide an opportunity for a hearing;
Which conflict with or contradict HUD regulations or requirements;
Which conflict with or contradict federal, state or local laws; or
Which exceed the authority of the person conducting the hearing.
KHC shall send a letter to the participant if it determines KHC is not bound by the hearing officer's determination within ten calendar days. The letter shall include KHC’s reasons for the decision.
All requests for a hearing, supporting documentation, and a copy of the final decision will be retained in the family's file.
5.0 HEARING AND APPEAL PROVISIONS FOR "RESTRICTIONS ON ASSISTANCE TO NON-CITIZENS"
Assistance to the family may not be delayed, denied or terminated on the basis of immigration status at any time prior to the receipt of the decision on the INS appeal.
Assistance to a family may not be terminated or denied while the KHC hearing is pending but assistance to an applicant may be delayed pending the KHC hearing.
INS Determination of Ineligibility
If a family member claims to be an eligible immigrant and the INS SAVE system and manual search do not verify the claim, KHC notifies the applicant or participant within 10 days of their right to appeal to the INS within 30 days or to request an informal hearing with KHC either in lieu of or subsequent to the INS appeal.
If the family appeals to the INS, they must give KHC a copy of the appeal and proof of mailing or KHC may proceed to deny or terminate. The time period to request an appeal may be extended by KHC for good cause.
The request for a KHC hearing must be made within 14 days of receipt of the notice offering the hearing or, if an appeal was made to the INS, within 14 days of receipt of that notice.
After receipt of a request for an informal hearing, the hearing is conducted as described in this chapter for both applicants and participants. If the hearing officer decides that the individual is not eligible, and there are no other eligible family members KHC will:
Deny the applicant family;
Defer termination if the family is a participant and qualifies for deferral;
Terminate the participant if the family does not qualify for deferral.
If there are eligible members in the family, KHC will offer to prorate assistance or give the family the option to remove the ineligible members.
All other complaints related to eligible citizen/immigrant status:
If any family member fails to provide documentation or certification as required by the regulation, that member is treated as ineligible. If all family members fail to provide, the family will be denied or terminated for failure to provide.
Participants whose termination is carried out after temporary deferral may not request a hearing since they had an opportunity for a hearing prior to the termination.
Participants whose assistance is pro-rated (either based on their statement that some members are ineligible or due to failure to verify eligible immigration status for some members after exercising their appeal and hearing rights described above) are entitled to a hearing based on the right to a hearing regarding determinations of family rent and total tenant payment.
Families denied or terminated for fraud in connection with the Non-Citizens Rule are entitled to a review or hearing in the same way as terminations for any other type of fraud.
6.0 MITIGATING CIRCUMSTANCES FOR APPLICANTS/PARTICIPANTS WITH DISABILITIES
When applicants are denied placement on the waiting list or KHC is terminating assistance, the family will be informed that presence of a disability may be considered as a mitigating circumstance during the informal review process.
KHC shall provide reasonable accommodations for persons with disabilities to participate in an informal review or informal hearing. Reasonable accommodation may include qualified sign language interpreters for the hearing-impaired, readers, accessible locations and/or attendants. If it is known that the applicant is visually impaired, any notice to the applicant or participant who is required by these procedures will be in accessible format.
7.0 RIGHT TO APPEAL DECISIONS
Any decision of the hearing officer which denies relief requested by the applicant or participant in whole or in part, does not constitute a waiver of, nor affect in any manner whatsoever, any rights the applicant or participant may have to seek relief in a court of competent jurisdiction.
14.0 SUBSIDY STANDARDS
According to 24 CFR 982.401(d)(2)(ii), Housing Quality Standards (HQS) allow two persons per bedroom or living/sleeping room. KHC will use the following subsidy guidelines to determine the number of bedrooms required to accommodate each family with consideration given to overcrowding and overhousing. These guidelines apply in determining the bedroom size to be listed on the housing choice voucher.
A. Two persons shall be generally assigned for each bedroom with the exception of opposite sex, age six and over, when determining housing choice voucher size. Examples of KHC’s subsidy guidelines are outlined below:
- Two persons of the opposite sex, where one is age six or over, will not be counted in the same bedroom. However, spouses or cohabiting adults will be counted in a single bedroom.
- The head of household will not share a bedroom with a minor child age six years of age or older.
B. In the case of chronic serious illness requiring special medical equipment, a deviation from this guideline may be permitted with current detailed documentation from a licensed physician or other qualified medical professional. Approval of this request will be made by the fair housing coordinator.
C. General Guidelines
|
Number of Bedrooms
|
Number of Persons
Minimum
|
Number of Persons
Maximum
|
|
1
|
1
|
2
|
|
2
|
2
|
4
|
|
3
|
3
|
6
|
|
4
|
4
|
8
|
|
5
|
5
|
10
|
Examples:
- A household consists of a single parent, one-year-old boy and five-year-old girl:
The family qualifies for a two-bedroom voucher. (If the five-year-old has a birthday within one month of the process and turns six, the family would qualify for a three-bedroom voucher.)
- A household consists of a single parent and one-year-old child:
The family qualifies for a one-bedroom voucher.
- A household consists of a couple and 2 six-year-old girls:
The family qualifies for a two-bedroom voucher.
- A household consists of a single parent, a one-year-old boy and a six-year-old girl:
The family qualifies for a two-bedroom voucher.
- A household consists of a mother, grandmother and three-year-old boy:
The family qualifies for a two-bedroom voucher.
- A household consists of a single parent, 6-year-old boy and a 17-year-old boy:
The family qualifies for a two-bedroom voucher.
- A household consists of a couple, a 12-year-old girl and a 17-year-old girl:
The family qualifies for a two-bedroom voucher.
D. A family may choose, at families expense, a different size unit than indicated above as federal regulations allow, but may not be overcrowded. In some instances, a living room may be used as a bedroom and up to two additional persons may be allowed in the unit.
- Same sex siblings, regardless of age, will share a bedroom. These subsidy standards include nieces, nephews, grandchildren, foster children or where the head-of-household is the guardian of additional household members.
- Under the Project-Based Voucher Program and Moderate Rehabilitation Program, owners with HAP contracts executed prior to May 1, 2005, may set their own reasonable guidelines. Owners must put these guidelines in writing and obtain approval from KHC staff.
: Complaints or referrals from persons in the community in regard to KHC, a family or an owner.: If a staff person reports an owner or family either violating or not complying with program rules, the complaint
