Informal Rights Review

The following regulations are found in the Everett Housing Authority's Administrative Plan (see Chapter 16.III.B) for the Section 8 Program.  They explain the procedures by which an applicant may seek an Informal Review. 

1. Actions Subject to Informal Review Request
   1. A decision to deny the applicant placement on a waiting list. 
   2. A decision to deny or withdraw a voucher.
   3. A refusal to enter into a HAP contract or approve a lease.
   4. A refusal to process or provide assistance under portability procedures.
      
      
2. Actions not Subject to Informal Review Request
   1. Discretionary administrative determinations by the PHA.
   2. General policy issues or class grievances.
   3. A determination of the family unit size under the PHA subsidy standards.
   4. A PHA determination not to approve an extension or suspension of a voucher term.
   5. A PHA determination not to grant approval of the tenancy.
   6. A PHA determination that a unit is not in compliance with the HQS.
   7. A PHA determination that the unit is not in accordance with the HQS due to family size or composition.
      
      
3. Notification of Right to Informal Review
   In taking any of the actions indicated in section 1 above, the PHA shall provide the applicant with prompt written notice of the decision, a brief statement of the reasons for the PHA decision and the right to request an Informal Review to appeal the adverse action.
   
   
4. Request for Informal Review
   The request for an Informal Review must be made in writing and delivered to the PHA either in person, by fax, email or first-class mail, by the close of the business day no later than 20 business days from the date of the PHA's adverse action.
   
   
5. Remote Informal Reviews
   The PHA has the sole discretion to require that informal reviews be conducted remotely in case of local, state, or national physical distancing orders, and in cases of inclement weather or natural disaster. While EHA offices are closed to the public due to Covid-19, all informal reviews will be conducted remotely.
   
   The PHA will conduct an informal review remotely upon request as a reasonable accommodation for a person with a disability, if a participant does not have childcare or transportation that would enable them to attend the informal review, or if the participant believes an in-person review would create an undue health risk. The PHA will consider other reasonable requests for a remote informal review on a case-by-case basis. 
   
   The PHA will conduct remote informal review via a videoconferencing platform that includes an option to participate via audioconference only, or via telephone conferencing call-in. If the informal review will be conducted via a videoconferencing platform that includes an audioconference option, the PHA will ensure that all participants, participant representatives, advocates, witnesses, PHA representatives, and the hearing officer can adequately access the platform (i.e., hear, be heard, and/or see, and be seen).
   
   If any participant, representative, advocate, witness, PHA representative, or hearing officer is unable to effectively utilize the videoconferencing platform, the informal review will be rescheduled and conducted by telephone conferencing call-in. Whether the informal review is to be conducted via a videoconferencing platform or telephone call-in, the PHA will provide all parties login information and/or telephone call-in information before the review.
   
   
6. Conduct of the Informal Review
   
   1. The PHA will schedule and send written notice of the Informal review within 10 business days of the applicant's request.
   2. The Informal Review will be conducted by any person designated by the PHA, except the person who made or approved the decision under review, or a subordinate of that person.
   3. The applicant will have the opportunity to present written or oral objections to the PHA's decision.
   4. Following the Informal Review, the PHA will notify the applicant of the final decision, including a statement explaining the reason(s) for the decision. The notice will be mailed within 10 business days of the Informal Review.
   5.  If the applicant fails to appear for the Informal Review at the time and place designated, the denial will stand, and the family will be so notified.