Recertifications may affect your share of the rent, your energy assistance supplement, and the size of the home for which you are eligible. KCHA will provide an explanation of the changes if you ask.
If you believe that KCHA did not follow its policies or HUD rules in making its decision, you may ask for an informal hearing. You must make the request within 10 days of KCHA providing its explanation. Requests must come through the Section 8 office, either orally or in writing.
How Hearings Work
A hearing officer presides over your informal hearing. This person does not work for KCHA. They have experience as a judge, an arbitrator, or a judicial hearing chair. The officer schedules the hearing 7 to 15 days after the Section 8 office receives your request. If KCHA plans to terminate your voucher, the hearing takes place before the termination date.
Before the hearing, you have the chance to look at any relevant KCHA documents at our office. This includes records and regulations. You may copy any of these documents at your cost. Documents not available before the hearing cannot be used by KCHA at the hearing. You must also give KCHA a chance to look at any relevant documents related to you. This must also take place at our office. You must let KCHA copy any of these documents at its cost. Documents not available before the hearing cannot be used by you at the hearing.
Any person — including a lawyer — may represent you, at your cost.
You and KCHA must appear at the scheduled hearing. If either does not, the hearing officer has two choices: decide that the absent party has given up the right to a hearing, or postpone the hearing for no more than 5 days.
The hearing officer alone regulates the process. If you, or anyone associated with you, does not follow instructions, the officer may bar the person from the hearing. They may also rule against you and in favor of KCHA.
You and KCHA may each have no more than three other people attend the hearing. Children may not enter the hearing room unless serving as witnesses. You must arrange childcare if needed.
You and KCHA may present evidence and question witnesses. Evidence may be shown orally or in writing, but must be relevant to the hearing. The hearing officer has the sole right to decide which evidence may be included. Because hearings are informal, evidence rules used in judicial proceedings do not apply.
After the Hearing
The officer will consider all evidence shown at the hearing. He or she will notify you of the decision in writing within 10 business days of the hearing. The notice will include a short statement of the officer's reasons.
KCHA must honor the hearing officer's decision unless it:
- Involves an issue that does not require an informal hearing.
- Involves an issue that exceeds the hearing officer's authority under KCHA's hearing rules.
- Goes against HUD rules.
- Goes against federal, state, or local laws.
If this happens, KCHA will notify you and explain its decision.
KCHA does not have to hold an informal hearing to review any of the following:
- The schedule of energy assistance supplements.
- Unapproved requests to extend or suspend a voucher term.
- Unapproved units or leases.
- Decisions about units that do not pass inspection.
- Decisions related to family size or composition.
- KCHA's decision to take or not take action against a landlord, as allowed in the Housing Assistance Payments (HAP) contract.
- Decisions made at management's discretion.
- General policy issues.
- Class grievances.