|
If you are found ineligible for Section 8 or a NYCHA
apartment, you are entitled to appeal the decision.
You should first have an “informal discussion” with
someone in the Applications Information Division. If
you are not satisfied with the results of this discussion,
you should request a formal hearing. You have 90 days
from the date you were found ineligible to request
a hearing.
Step 1: An Informal Discussion with NYCHA If you receive an “Ineligibility Notice”,
the first step is to try to have an “informal
discussion” with someone in the Applications
Information Division.
- The letter should state where and when you should
go for an informal discussion.
- During an informal discussion, a representative
will discuss the ineligibility determination with
you and you should receive a copy of the “Basis
for Ineligibility” prepared by the Eligibility
Division.
- During this discussion, you should have the opportunity
to present any documents you have to support your
claim of eligibility.
- You can bring a lawyer or advocate to this discussion
as well if you choose.
- On the basis of the discussion and the documents
submitted by you to NYCHA, the Applications Information
Division may return your application file to the
Eligibility Division for further investigation.
Step 2: Request a Formal Hearing If after the informal discussion, the Applications
Information Division has not resolved the matter to
your satisfaction, you can make a request by mail for
a hearing. You should be aware that any determinations
made at a hearing will be final.
- You can request an hearing through a specific NYCHA
form that should be available at their offices or
you can request a hearing through a letter.
- Requests should be submitted to the Applications
Information Division within 90 days of the date of
the Ineligibility Notice.
- If you plan to bring a lawyer to the hearing,
you must notify NYCHA in the letter or in person
when you make the hearing request. (If you do not
let them know and you bring a lawyer or advocate,
they will not be allowed into the hearing.)
- Your hearing will be scheduled by the Division
of Tenancy Administration and you should receive
written notice of the date, time and place of the
Hearing at least 14 days before an appointment is
scheduled.
Step 3: Preparing for and Attending your Informal
Hearing Hearings are held before a hearing officer appointed
by NYCHA who played no role in your prior ineligibility
determination.
- Prior to the hearing, you and/or your lawyer may
request copies of any documents in your application
file. (Documents should be provided free of charge
to you by NYCHA within 5 business days of the receipt
of the written request.)
- NYCHA will first present the basis for the ineligibility
determination.
- You, as the applicant, will then have the opportunity
to present your position.
- Any information that NYCHA presents should be
relevantto the grounds of ineligibility specified
in the Ineligibility Notice and any decisions should
be based solely on the facts presented at the hearing.
- The hearing officer may make the following determinations:
- Determination of ineligibility Sustained
- Determination of ineligibility Reversed
- You and/or your lawyer will receive a written
copy of this determination and a summarization of
the facts and basis for the determination.
- In the event that the Eligibility Determination
is reversed, the hearing officer will return the
application to the Department of Housing Applications
for action consistent with that determination.
- The hearing officer's decision is final.
|
